Lex
Parliamentaria
:
OR
,
A
TREATISE
OF
THE
LAW
and
CUSTOM
OF
THE
PARLIAMENT
of
England
,
&c.
CHAP.
I.
Of
Parliaments
in
General
,
their
Definition
,
constituent
Parts
,
&c.
with
a
brief
Inquiry
into
the
Original
and
Nature
of
our
British
,
Saxon
and
Norman
Parliaments
.
THE
Word
Parliament
,
Minshew
,
in
verbo
Parlamt
.
in
French
,
Parlement
,
and
in
Spanish
and
Italian
,
Parliamento
,
is
,
Spelm.
Gloss.
verbo
Debate
See
Coke
on
Littl.
p.
110.164
.
in
its
principal
Part
,
deriv'd
from
the
French
,
Parler
,
to
speak
,
and
(
as
Lord
Coke
and
some
Others
conceive
)
The
General
Council
,
or
National
Assembly
of
this
Kingdom
is
so
call'd
;
Spelm.
Gloss.
in
verbo
Parlament
.
Hales
of
Parliaments
,
122.
Elsing
of
Parliaments
,
167.
4
Inst.
8.
Bohun's
Collection
,
353.
because
every
Member
thereof
,
should
,
in
the
Matters
there
debated
,
Parler
la
Mente
,
i.
e.
Freely
speak
his
Mind
:
And
tho
some
Authors
have
oppugned
this
Derivation
,
yet
t
is
evident
from
the
very
Nature
and
Essence
of
a
Parliament
,
That
every
Member
thereof
,
ought
to
speak
his
Mind
freely
,
in
what
relates
to
the
Publick
Welfare
.
And
this
Freedom
of
Speech
,
is
now
constantly
claimed
by
the
Speaker
of
the
House
of
Commons
,
at
the
first
Meeting
of
every
New
Parliament
,
and
in
insisted
on
as
a
Claim
of
Right
.
The
Word
Parlament
,
is
,
in
France
,
now
taken
for
one
of
those
High
Courts
of
Justice
in
that
Kingdom
,
Minshew
ut
supra
.
See
Vincent
Lupanus
,
lib.
2
c.
Parliament
,
No.
28.
wherein
Men's
Causes
and
Differences
are
publickly
heard
and
determined
,
without
further
appeal
.
Of
these
Parliaments
there
are
Seven
,
viz.
1.
Paris
(
now
superiour
to
the
Rest
.
)
2.
Vide
Du
Haillan
Pasquier
,
&c.
of
the
Fr.
Parlements
.
Tholouse
.
3.
Grenoble
.
4.
Aix
.
5.
Bourdeaux
.
6.
Dijon
.
7.
Roan
.
whereto
some
add
an
8th
,
viz.
Rhenes
in
Bretaigne
.
But
with
us
in
England
(
or
rather
Great
Britain
)
The
universal
Assembly
of
all
the
Estates
of
the
Kingdom
(
i.
e.
)
The
King
,
Sir
Tho.
Smith
,
De
Repub.
Angl.
lib.
2.
c.
1.2
.
Lords
and
Commons
(
wherein
every
Freeman
of
the
Kingdom
is
said
to
be
present
,
either
in
Person
or
by
Representation
,
and
who
are
met
together
for
debating
of
Matters
touching
the
Commonwealth
)
especially
for
the
enacting
of
Laws
and
Statutes
)
is
properly
called
a
Parliament
;
Cro.
Jur.
f.
1.
&c.
Cambd.
Brit.
6.
&c.
4
Inst.
1.
and
such
Laws
and
Statutes
,
when
agreed
on
,
are
significantly
term'd
Acts
of
Parliament
.
Indeed
,
various
Authors
,
Of
the
three
Estates
,
viz.
1.
King
.
Cotton's
Records
,
709.710
.
4
Inst.
1.
Hales
of
Parliaments
,
1.
Finch's
Nemotecnia
,
lib.
2.
c.
1.2
.
The
Lords
.
Sadler's
Rights
of
the
Kingdom
,
p.
79.
to
93.
Kelway's
Reports
,
184.
Stamf.
P.
Cor.
153.
See
Bagshaw's
Reading
,
p.
17.
to
21.
have
had
various
Sentiments
(
and
even
Acts
of
Parliament
differ
)
about
the
three
Estates
,
some
(
alledging
the
King
to
be
the
Head
of
,
but
not
included
in
the
Number
)
assert
,
That
the
three
Estates
are
,
1st
,
The
Lords
Spiritual
.
2dly
,
The
Lords
Temporal
.
And
3dly
,
The
Commons
;
but
Others
more
rationally
say
,
The
King
is
one
of
the
three
Estates
,
which
compose
the
Parliament
;
and
that
the
second
Estate
,
is
constituted
of
both
the
Spiritual
and
Temporal
Lords
jointly
;
for
(
say
they
)
Tho
the
Archbishops
and
Bishops
are
denominated
Spiritual
,
yet
they
sit
in
Parliament
as
Temporal
Barons
only
,
i.
e.
By
Reason
of
the
Temporal
Baronies
annexed
to
their
Bishopricks
,
and
not
as
they
are
Spiritual
Persons
.
And
they
further
urge
,
in
Confirmation
of
their
Opinion
,
1.
That
no
Bishop
,
notwithstanding
his
Election
,
Consecration
,
Confirmation
,
&c.
can
be
a
Lord
of
,
or
sit
in
Parliament
,
till
the
King
has
granted
to
him
the
Temporalities
of
the
Bishoprick
.
2.
(
N.
B.
Tho
this
Stat.
was
repealed
by
Q.
Mary
,
yet
that
Repeal
was
repealed
by
Q.
Elizabeth
,
&c.
As
the
Parliamt
.
at
Bury
,
24
E.
1.
1
Eliz.
all
the
Acts
about
Religion
passed
Dissentientibus
Episcopis
.
See
Journal
Dom.
Procer
.
11
H.
7.27
.
Bro.
Par.
107.
Kelway
184.
3
The
Commons
.
See
hereafter
.
See
Sadler's
Rights
,
p.
79.
to
93.
That
by
Virtue
of
the
Stat.
1
E.
6.
c.
2.
still
in
Force
,
The
King
may
constitute
Bishops
by
his
Letters
Patent
only
,
without
any
Election
or
Consecration
;
and
3.
That
Parliaments
have
been
,
and
may
be
held
,
Excluso
Clero
,
exclusive
of
the
Bishops
and
Clergy
;
and
that
some
of
our
most
beneficial
Statutes
have
been
enacted
,
whereto
the
whole
Body
of
the
Clergy
dissented
;
all
which
,
they
say
,
prove
the
Bishops
to
be
no
essential
Part
,
or
any
of
the
three
Estates
of
Parliament
.
And
in
Trinity
Term
7
H.
8.
t
is
agreed
by
all
the
Judges
of
England
,
That
the
King
may
well
hold
his
Parliament
by
himself
and
his
Lords
Temporal
and
Commons
,
without
any
Bishops
or
Spiritual
Lords
at
all
.
The
third
Estate
of
which
we
shall
herein
principally
treat
,
is
on
all
Hands
confess'd
to
consist
of
the
Knights
,
Citizens
and
Burgesses
,
with
the
Barons
of
the
Cinque-Ports
,
all
which
being
at
this
Day
elected
by
the
free
Votes
of
the
Freemen
of
Great
Britain
,
are
properly
esteem'd
the
Representative
Body
of
the
People
,
and
constitute
that
Part
of
the
Parliament
usually
called
the
House
of
Commons
.
(
N.
B.
The
antient
Modus
Tenendi
Parl.
reckons
up
six
Degrees
,
or
Orders
of
Parliament
;
but
that
Division
cannot
be
denominated
six
Estates
.
)
The
Numbers
of
the
Commons
,
Numb
.
of
Commons
formerly
.
See
Mr.
Willis's
Preface
to
his
1
Vol.
of
Net
.
Parl.
Prynn
of
Parliamentary
Writs
.
I
find
to
have
been
formerly
variant
,
according
as
the
Sheriffs
of
Counties
,
(
from
what
Motive
is
uncertain
,
)
were
pleased
to
direct
their
Precepts
,
to
the
several
Cities
or
Burros
,
within
their
respective
Counties
;
or
as
the
same
Sheriffs
made
their
Returns
thereupon
:
But
indeed
,
another
Cause
of
this
Variation
,
was
,
That
it
was
usual
for
the
Prince
,
on
his
Accession
to
the
Throne
,
to
grant
Charters
to
antient
Demesne
Vills
,
and
other
popular
Towns
,
thereby
erecting
'em
into
free
Burros
,
and
this
consequently
gave
'em
a
Right
to
be
represented
in
Parliament
.
And
by
this
Artifice
,
among
others
,
the
Crown
advanced
its
Interests
in
the
House
of
Commons
.
For
it
must
be
confess'd
,
That
by
the
antient
Constitution
,
there
were
no
Representatives
of
the
Commons
as
Commons
in
Parliament
,
besides
the
Knights
for
the
Shires
,
the
Barons
for
the
Cinque
Ports
,
Crompt
.
of
Courts
,
f.
2.3
,
&c.
Stat.
23.
H.
6.
c.
11.
the
Citizens
for
the
Cities
,
and
the
Burgesses
for
the
ancient
Burros
only
;
and
that
the
Elections
for
all
those
,
were
to
be
made
by
such
Persons
only
,
as
were
possess'd
of
Lands
or
Tenements
,
held
by
them
as
Freeholds
,
or
free
Burgage
Tenures
;
which
consequently
excluded
all
Villeins
and
Copyholders
,
Stat.
12.
R.
2.
c.
12.
Crom.
2.3.4.5
.
Bro.
Ant.
Dem.
43●
as
also
Tenants
in
antient
Demesne
(
which
were
but
the
King's
Villeins
)
and
the
Tenants
and
Dependants
of
other
Lords
,
Parl.
96.
Reg.
261.
Nat.
Bre.
14.
from
being
either
the
Electors
,
or
elected
of
the
House
of
Commons
.
Indeed
,
the
Practice
of
increasing
the
Number
of
the
Representatives
of
the
Commons
,
See
Bohun's
Col.
per
Tot.
began
very
early
,
viz.
Temp.
Johan
.
(
if
not
before
)
for
I
find
it
a
Practice
of
that
Prince
,
to
grant
usually
,
in
Consideration
of
Money
,
&c.
Charters
to
Antient
demesne
Towns
(
as
generally
all
Sea-Port
Towns
were
)
thereby
erecting
'em
into
free
Burroughs
;
The
Representative
of
London
and
West
.
p.
14.
10
p.
21.
Spelm.
in
voce
Major
.
and
hence
it
was
,
as
I
conceive
,
That
Bridport
,
Dorchester
,
Harwich
,
Helstone
,
Kingston
upon
Hull
,
and
divers
other
antient
demesne
Towns
,
came
to
be
erected
into
free
Burros
,
which
originally
had
no
Right
of
being
represented
in
Parliament
.
But
whatever
Methods
were
then
taken
to
encrease
the
Number
of
the
House
of
Commons
,
I
find
their
Number
to
be
much
the
same
from
the
End
of
H.
the
6th's
Reign
,
Fortescue
p.
40.
to
the
Beginning
of
that
of
H.
the
8th
,
viz.
about
300.
-
That
H.
8.
MS.
Penes
Authorem
.
added
to
their
Number
,
38.
-
King
Ed.
6.
added
to
their
Number
,
44.
-
Queen
Mary
,
added
to
their
Number
,
25.
-
Queen
Elizabeth
,
added
to
their
Number
,
62.
-
King
James
the
1st
,
added
to
their
Number
,
27.
And
King
Charles
the
1st
,
about
10.
or
12.
so
that
at
the
Time
of
the
Restoration
.
of
King
Charles
2.
I
find
their
Numbers
to
have
been
about
500.
But
the
Commons
,
about
that
Time
,
restrained
this
mischievous
Practice
for
the
Future
,
so
that
they
declared
the
Elections
made
by
Virtue
of
that
Prince's
Charters
void
;
and
as
Chester
had
been
enabled
to
send
two
Members
for
the
County
,
and
two
for
the
City
,
by
Virtue
of
a
Sta.
34.35
.
St.
34.35
.
H.
8.
c.
13
St.
25.
C.
2.
c.
9.
H.
8.
so
an
Act
past
in
the
25
Car.
2.
enabling
Durham
to
send
four
Members
in
like
Manner
,
and
thus
the
Number
of
the
House
of
Commons
stood
at
513
,
till
the
Union
of
the
Kingdoms
of
England
and
Scotland
,
when
,
by
Virtue
of
the
Union
Act
,
St.
5.
An.
c.
8.
forty-five
Scottish
Members
were
added
,
which
made
the
whole
Number
of
that
House
to
be
558
,
as
it
now
stands
.
Mr.
Prynn
and
Others
observe
,
Denominations
of
Parliam
.
Prynn's
Rights
of
the
Com.
&c.
p.
99.
99.
Spelm.
Glossary
,
in
verb.
Parlam
.
&
Debata
.
That
our
Ancestors
had
many
Expressions
and
Phrases
,
which
signify'd
a
Parliamentary
Assembly
;
as
Magnates
Regni
,
Omnes
Regni
Nobiles
,
Proceres
et
Fideles
Regni
,
Universitas
Regni
,
Communitas
Regni
,
Discretio
Totius
Regni
,
Generale
Concilium
Regni
,
and
many
others
,
varying
the
Stile
in
successive
Ages
,
till
at
length
it
came
to
be
fix'd
in
the
Word
Parliament
.
See
divers
Records
and
Precedents
touching
this
Matter
in
the
Appendix
to
Mr.
Petyt's
Miscellanea
Parliamentaria
.
Mr.
Prynn
also
says
,
Prynn's
Truth
triumphing
over
Falshood
,
&c.
f.
69.
Petyt's
Antient
Rights
,
&c.
p.
68.
That
by
many
antient
Precedents
before
the
Conquest
,
it
is
apparent
,
that
all
our
pristine
Synods
and
Councils
,
were
nought
else
but
Parliaments
;
and
that
our
Kings
,
Nobles
,
Senators
,
Aldermen
,
Wisemen
,
Knights
and
Commons
,
were
usually
present
,
and
voted
in
them
as
Members
and
Judges
.
And
Mr.
Lambard
,
Sir
Robert
Atkyns's
Argument
,
p.
18.
see
hereafter
.
in
his
Archaeion
,
maintains
,
That
Parliaments
were
used
in
the
Saxon
Times
;
as
in
the
Time
of
King
Ina
,
Ann.
712
,
and
other
Saxon
Princes
;
and
that
they
then
consisted
of
King
,
Lords
and
Commons
.
And
that
the
like
Assemblies
were
in
Practice
among
the
antient
Britons
,
Rymer's
View
of
Govern.
p.
13.
14.
&c.
Gauls
and
Germans
,
and
other
Northern
Nations
,
may
in
some
Measure
appear
from
those
noble
Remains
of
Caesar
and
Tacitus
:
Caesar
De
Bello
Gallico
,
l.
5.
p.
87.
For
the
Former
,
speaking
of
the
Britons
,
says
,
Summa
Imperii
Bellique
administrandi
Communi
Concilio
permissa
est
Cassivellauno
;
That
the
chief
Power
of
administring
the
Government
,
and
Command
in
War
,
was
by
a
Common
Council
(
or
Parliament
)
committed
to
Cassibellan
;
Tacitus
de
Moribus
Germanor
.
&c.
and
the
Latter
,
treating
of
the
German
Customs
,
De
Minoribus
Rebus
Principes
consultant
De
majoribus
omnes
,
i.
e.
That
in
smaller
Matters
their
Princes
only
consult
or
determine
;
Rymer
ut
ante
.
Sadler's
Rights
,
p.
79.
but
if
the
affair
be
weighty
,
they
all
consult
as
in
a
common
Assembly
or
Parliament
.
Et
quod
Reges
&
Principes
audiuntur
magis
suadendi
Authoritate
quam
jubendi
potestate
,
i.
e.
that
the
Prince's
Authority
consisted
rather
in
Persuasion
than
in
Coertion
;
Et
quod
Principes
,
&c.
Communi
Concilio
Eliguntur
,
&c.
But
the
better
to
clear
this
Point
,
touching
national
Assemblies
,
especially
those
of
the
Britons
and
Saxons
in
this
Island
;
I
shall
here
add
the
ensuing
Inquiry
.
The
Denominations
of
a
Parliament
,
Denomination
of
Parliaments
.
or
National
Assembly
,
have
been
various
according
to
the
Language
and
Phrase
of
Speech
of
the
several
Nations
,
where
Used
and
Practised
:
Selden
,
de
Synedriis
Lib.
2.
c.
4.
sect.
1
,
2
,
11
,
&c.
&
Lib.
3.
c.
14.
&
15.
&
De
Successione
Pontif
.
c.
12.
See
Genes.
c.
11
,
14
,
23
,
&c.
Thus
the
Jews
had
their
Great
Sanhedrin
,
consisting
of
the
Prince
,
the
Rulers
of
the
People
,
and
the
Heads
of
their
Tribes
and
Families
;
and
in
this
manner
we
find
their
Parliaments
assembled
in
the
Days
of
Saul
,
David
,
Solomon
,
Rehoboam
,
&c.
Nor
was
Moses
the
first
Modeller
of
a
National
Assembly
or
Parliament
;
the
Scripture
itself
seems
to
contradict
it
;
and
doubtless
there
had
been
something
Equivalent
to
such
collective
Consultations
from
the
first
Instant
of
congregated
Societies
;
nay
some
spiritualizing
Heads
have
stretch'd
the
Pattern
to
a
Time
,
antecedent
the
Existence
of
Humanity
,
and
almost
coeval
with
Time
itself
;
These
(
not
contemplating
Oriental
Idioms
)
Derive
both
the
Doctrine
of
the
Trinity
and
the
three
Estates
of
Parliament
,
Genes.
c.
1.
v.
26.
from
that
uneffated
Speech
,
Let
us
make
Man
,
&c.
But
however
heavenly
their
Conjectures
are
,
our
inquirers
herein
must
tend
another
way
;
and
yet
to
me
it
seems
apparent
,
that
Parliaments
existed
before
what
the
Scriptures
Record
,
i.
e.
among
the
Assyrians
,
Babilonians
,
Caldeans
,
Aegyptians
,
&c.
and
t
is
most
evident
the
inspired
Legislator
confesses
himself
in
a
gross
Error
,
by
attempting
to
Govern
without
their
Assistance
;
and
therefore
instead
of
consulting
the
Divine
Oracle
,
condescends
to
receive
the
Instructions
of
an
Arabian
,
(
Compare
Exod.
c.
18.
v.
21
,
22
,
&c.
with
Deut.
c.
1.
v.
13
,
&c.
Take
yee
,
i.
e.
Elect
yee
,
&c.
)
Jethro
was
Prince
of
Midian
in
Arabia
.
whereby
he
now
Modelled
his
Theocracy
according
to
a
Parliamentary
Plan
of
Government
;
Behold
an
unenlighten'd
Shepherd
directing
and
enlightening
the
illuminated
Friend
and
boasted
Companion
of
God!
A
Riddle
might
puzzle
our
best
Divinity
,
and
prove
it
to
be
not
altogether
from
above
.
That
the
Persians
(
whose
Language
and
Laws
bear
no
small
analogy
with
our
own
)
had
also
the
like
Parliamentary
Assemblies
,
is
not
only
intimated
by
those
Texts
which
mention
the
Laws
and
Decrees
of
the
Medes
and
Persians
,
but
is
Universally
confessed
by
all
the
Greek
and
Latin
Historians
:
That
noble
Description
of
their
Government
left
us
by
Xenophon
,
may
justly
attract
our
Approbation
and
Imitation
;
Xenoph.
Cyripaed
.
p.
8.
&
20.
and
their
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
strongly
incline
us
to
desire
FREE
Parliaments
,
as
their
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
to
insist
on
FREE
Elections
.
The
Greeks
had
also
their
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Notae
ad
Smyrneo
.
Decreta
.
p.
11
,
13
,
&c.
or
Conventus
Primatum
.
Wherein
not
only
the
Kings
and
great
Men
,
but
even
the
Commons
assented
to
their
Decrees
or
Statutes
,
as
is
Evident
from
those
Marble
Monuments
,
containing
the
Statutes
and
Decrees
of
those
Grecian
Assemblies
,
as
in
that
of
the
People
of
Smyrna
and
Magnesia
,
&c.
vide
Opera
Seldeni
,
Vol.
2.
Tom.
2.
The
like
Assemblies
were
in
use
among
the
Romans
,
Paul
.
Manut
.
De
Senatu
Romano
Lib.
1.
c.
1.
and
as
Paulus
Manutius
observes
,
Instituted
by
Romulus
in
the
Infancy
of
their
Monarchy
,
and
continued
in
some
Degree
thro'
all
the
changes
of
that
State
.
They
were
call'd
in
Latin
,
Comitia
quasi
Coitia
a
coeundo
quia
coeunt
ibi
deliberaturi
de
Salute
Republicae
,
i.
e.
from
Assembling
or
meeting
together
,
because
they
therein
,
Assembled
to
Deliberate
for
the
Good
and
Safety
of
the
Common
Wealth
.
Such
an
Assembly
is
called
in
Low
Dutch
,
British
Parliamts
.
See
Orig.
Jurid
.
p.
14.
Pref.
2.
&
4.
ad
L.
L.
Hocli
,
i.
e.
Sub
Anno
Christi
.
1.
Rijcs-dach
the
King's
Day
.
But
more
properly
in
High
Dutch
,
or
the
German
Language
,
Reich-stagh
,
i.
e.
Stabilimentum
Regni
.
For
that
it
is
the
chief
stay
and
support
of
a
Kingdom
.
And
that
the
like
meetings
were
in
Practice
among
the
antient
Britons
,
is
Evident
from
the
Preface
to
the
Laws
of
Hoel
Dha
,
who
denominated
such
Assemblies
Gynnulleidfa
or
Cyfrythin-'y
Doethjon
,
i.
e.
Conventus
Legalis
,
because
Laws
were
therein
made
and
Chyd-Synniedigaeth
,
i.
e.
Consessus
Magnatum
;
from
whence
Mr.
Cambden's
Error
may
appear
,
Camb.
Britannia
in
Wiltshire
.
who
on
occasion
of
the
Pillars
on
Salisbury-Plain
translating
the
British
Words
into
Latin
,
renders
'em
Chorea
Gigantum
,
when
they
properly
signify
Conventio
Magnatum
,
See
Baxters
British
Glossary
verbo
Laberus
.
or
the
Assembly
of
great
Men.
That
building
being
apparently
Erected
for
the
Use
of
such
an
Assembly
,
there
still
remaining
not
only
the
marks
of
Distinction
where
the
several
Orders
or
States
of
Parliament
Sate
;
This
Authors
own
observations
.
but
very
Visible
incisions
in
those
Pillars
,
and
divers
intermediate
Stones
for
supporters
do
manifestly
prove
how
,
and
in
what
order
the
Seats
or
Benches
were
therein
fix'd
and
placed
.
Besides
which
,
Spelman's
Gloss
.
386.
Antiquus
Mos
suit
.
ut
Sub.
Dio
&
intra
Sepimentum
aliquod
Militare
ob
Salutis
gratiam
convenire
compagenses
,
&c
,
ibid.
Baxter
ut
supra
.
Selden's
Janus
93.
the
Scituation
of
those
Parts
being
near
the
Heart
of
the
Kingdom
,
(
a
considerable
Motive
for
Northern
Princes
,
to
hold
their
general
Councils
and
national
Assemblies
near
the
midst
of
their
Dominions
)
as
also
the
Nature
of
the
Place
,
being
on
a
wide
open
Plain
,
and
consequently
not
so
liable
to
either
Force
or
Treachery
,
as
more
Popular
,
or
covert
Places
;
with
divers
other
Motives
,
may
rationally
induce
the
old
Britons
to
choose
that
Place
,
for
the
holding
of
their
general
Councils
,
or
Parliamentary
Assemblies
.
Note
the
several
Prefaces
to
the
Laws
of
Howell
Dha
,
Vid.
Cot.
Titus
.
D.
2
,
&
ibid
Caligula
A.
3.
N.
3.
who
lived
near
the
Time
of
our
Athelstane
,
whose
Laws
as
well
as
those
of
Ina
,
&c.
are
apparently
derived
from
British
Patterns
,
run
thus
,
Hoelus
Bonus
Rex
Waltiae
convocavit
Sextos
viros
ex
Qualibet
Centuria
ad
Domum
Albam
:
Hi
erant
ex
Sapientissimis
viris
Regni
;
Horum
(
Sextorum
)
4
erant
Laici
&
2
Scholastici
:
Advocabantur
autem
Scholastici
ne
Laici
quidquam
Sacris
Scripturis
contrarium
Statuerent
,
&c.
Tum
Communi
Consilio
&
consensu
Sapientes
illic
congregati
Leges
veteres
inspexerunt
;
Quod
durum
nimis
esse
videbatur
allevarunt
,
Quod
nimis
leve
fuit
aggravarunt
Quasdam
ex
eis
ut
prius
erant
reliquerunt
alias
emendarunt
,
alias
penitus
abrogarunt
alias
denique
de
novo
Statuerunt
;
L.
L.
Hoeli
p.
5.
&
7.
and
lastly
a
Curse
is
pronounced
on
that
King
,
or
other
Persons
who
should
attempt
to
change
any
of
those
Laws
,
without
the
consent
of
a
General
and
full
Council
or
Parliament
.
Touching
the
Saxon
Parliaments
,
Antiq.
of
Parl.
p.
4.
Spelman
in
Voce
Wapentachia
.
we
may
observe
that
at
first
all
their
Councils
and
Parliamentary
Assemblies
whether
they
debated
of
Peace
or
War
,
were
as
Caesar
and
Tacitus
observe
of
the
Germans
,
&c.
Sub.
fremitu
armorum
.
Their
averseness
at
first
to
the
Britons
and
their
Customs
confirm'd
them
in
this
practice
,
Selden's
Epinomis
,
5
6.
till
another
Species
of
Christianity
different
from
that
of
the
Britons
,
was
introduc'd
amongst
them
,
when
they
soon
applyed
themselves
to
more
civilized
Assemblies
and
the
making
of
Laws
;
only
Egbert
King
of
Kent
,
and
some
of
his
Successors
being
too
much
influenced
by
Austin
the
Monk
and
others
of
his
Order
,
gave
the
Clergy
opportunity
to
Usurp
over
the
Rights
and
Properties
of
the
Laity
,
and
hence
all
the
Laws
of
Ethelbert
,
Wilkins
LL.
Saxon
p.
1.
to
14.
Hlothair
,
Eadric
and
Wihtred
shew
a
Manifest
partiality
to
Churchmen
,
and
indeed
their
general
Councils
or
Parliaments
seem
to
be
composed
only
of
Ecclesiastics
:
But
after
these
Ina
the
West
Saxon
King
,
being
near
of
Kin
to
Cadwallader
,
and
of
British
as
well
as
Saxon
Blood
,
seems
to
have
Established
a
better
Plan
of
Government
,
and
to
have
Founded
his
Parliamentary
Assemblies
on
a
British
Pattern
.
For
the
Prolegomenon
to
his
Laws
runs
thus
,
Wilkins
LL.
Saxon
p.
14.
Selden's
Janus
,
93.
Ego
Ina
Dei
Gratio
occiduorum
Saxonum
Rex
,
consilio
&
Doctrina
(
Suasu
)
Cenredae
Patris
,
mei
&
Heddae
Episcopi
mei
&
Eorkenwoldae
Episcopi
mei
,
et
cum
omnibus
meis
Senatoribus
,
&
Senioribus
Sapientibus
Populi
mei
,
&c.
So
that
his
Parliamentary
Assembly
plainly
appears
to
have
been
composed
of
King
,
Lords
and
Commons
;
and
as
many
of
his
Laws
respect
the
Britons
as
well
as
the
Saxons
,
so
his
Parliamentary
Assemblies
seem
to
consist
of
the
Representatives
of
both
People
,
whom
he
endeavoured
to
unite
in
one
Body
.
As
for
the
Laws
of
King
Alfred
,
See
Wilkins
,
ibid.
p.
34.
t
is
evident
,
from
the
Conclusion
of
the
first
Part
(
or
rather
the
Introduction
to
the
Second
)
That
they
were
made
in
a
General
Council
or
Parliamentary
Assembly
,
in
Imitation
of
the
Britons
;
and
here
I
beg
leave
to
produce
my
Authorities
,
which
prove
,
That
this
King
(
as
well
as
Ina
)
took
the
Pattern
of
his
Laws
and
Government
from
the
Britons
,
Wilkins
ut
supra
.
induced
hereto
,
as
t
is
probable
,
by
that
Relation
in
Blood
he
bore
to
King
Ina
,
whom
he
stiles
,
Cognatus
meus
.
See
the
Notes
on
LL.
Hoeli
,
p.
4.
But
more
effectually
by
the
Advice
and
Persuasion
of
Asser
Menevensis
,
who
wrote
his
Life
,
was
one
of
his
chief
Counsellors
,
and
a
Briton
born
.
The
Author
of
the
Life
of
King
Alfred
,
Life
of
Alfred
,
p.
96.
97.
98
,
&c.
says
,
That
he
compiled
his
Laws
chiefly
from
those
of
the
Old
and
New
Testament
,
and
after
those
,
added
several
Matters
taken
from
the
Laws
of
the
Trojans
,
Greeks
,
Hist.
Jornalen
,
ad
A.
D.
1066.
Britains
,
&c.
And
mention
is
made
in
the
Notes
thereon
,
That
he
took
divers
of
his
Laws
from
those
of
Dunwallo
Molmutius
,
an
antient
British
King
.
And
herewith
Ponticus
Virunnius
agrees
,
Pon.
Vir.
l.
3.
p.
10.
whose
Words
are
,
Belinus
habens
totius
Britaniae
Dominium
Paternas
Leges
,
i.
e.
Molmutianas
,
confirmavit
&
alias
Statuit
;
Quas
(
omnes
)
Gildas
Historicus
convertit
in
Latinum
;
Ib.
p.
14.
Rex
vero
Alfredus
De
Latino
in
Anglicum
Sermonem
transtulit
.
See
Hygden's
Polychron
,
l.
1.
c.
50.
And
afterwards
he
says
,
Martia
etiam
(
quae
fuit
uxor
Regis
Britonum
,
Guitellini
)
condidit
Leges
,
quae
Martiana
Lex
dicebatur
,
quas
Rex
Alvredus
inter
caetera
transtulit
in
Saxonicam
Linguam
.
But
more
particularly
Mr.
Dugdale
,
Dugdal
.
Mon.
v.
1.
p.
32.
Sub
Ann.
S
2.
&
vide
ib.
p.
40.
has
,
from
an
antient
MS
,
given
us
this
Passage
,
viz.
Leges
Britonum
Rex
Alvredus
transtulit
in
Anglicum
quae
tunc
dicebantur
Leges
Alvredi
,
&
Multos
Libros
transtulit
eodem
modo
.
Iste
instituit
Hundredos
&
Tythingas
(
these
are
known
to
be
of
British
Original
,
Sheringham
,
p.
125.
126.
&c.
)
See
also
touching
this
Matter
,
Sheringham
,
De
Anglorum
Gentis
Origine
.
Who
further
observes
,
That
many
Words
,
introduced
into
the
Saxon
and
English
Laws
,
are
of
British
Original
;
as
Murder
,
Denizon
,
Rout
,
&c.
And
hence
the
Author
of
the
Notes
on
the
Laws
of
Howel
Dha
,
LL.
Hoeli
,
p.
4.
has
justly
remark'd
,
That
Alfred
learnt
the
Partition
of
Shires
,
Hundreds
,
&c.
from
Asser
Menevensis
,
a
learned
Briton
.
Hollinshead
also
,
in
his
History
,
Hollinsh
.
Part
1.
p.
15.
or
Chronicle
,
speaking
of
the
Laws
of
Dunwallo
Molmutius
,
says
,
That
King
Alfred
translated
them
into
English
,
and
inserted
them
in
his
Body
of
Laws
.
And
Mr.
Taylor
,
in
his
Treatise
of
Gavelkind
,
Hist.
Gavelkind
,
p.
52.
53.
&
N.
B.
ib.
p.
49.
says
,
That
both
Ethelfred
and
Alfred
,
translated
the
Welch
Laws
,
and
expresly
affirms
,
That
the
Saxons
had
their
Laws
from
the
Britons
:
And
if
so
,
we
may
well
conclude
,
That
they
had
the
Modus
Condendi
Leges
(
or
Method
of
enacting
Laws
in
a
Parliamentary
Assembly
)
from
them
also
.
But
a
Question
has
arisen
,
how
far
the
Commons
were
a
constituent
Part
of
those
Assemblies
,
in
the
Time
of
the
Saxons
;
Magnates
&
Proceres
,
include
the
Commons
,
Vide
Post
.
34.
and
it
must
be
confess'd
,
That
generally
those
Councils
are
said
to
consist
of
the
King
and
his
Bishops
,
See
Brady
of
Burros
,
and
his
Introduction
.
and
the
Wisemen
,
or
(
Magnates
)
Great
Men
only
;
or
perchance
sometimes
with
the
Words
Seniores
Populi
added
(
as
in
Ina's
Laws
)
But
whether
the
Commons
were
present
,
either
in
Person
,
or
by
Representation
,
is
,
in
the
Opinion
of
some
Inquirers
very
doubtful
.
Now
,
Lambard
,
LL.
Sax.
p.
26.
27.
in
Order
to
clear
this
Doubt
,
it
will
be
necessary
to
consider
,
who
were
those
Magnates
,
and
Seniores
,
or
Sapientiores
Populi
,
and
how
they
came
to
be
so
denominated
.
And
first
,
Wilkins
,
LL.
Sax.
p.
96.
97.
Post
.
35.
I
am
of
Opinion
,
That
the
Words
Magnates
&
Seniores
,
did
intend
not
only
those
which
were
Rulers
or
Governors
of
Counties
and
Hundreds
,
either
Civil
or
Military
,
as
were
the
Aldermen
of
Counties
,
which
we
call
Earls
,
and
the
Heretoges
of
Counties
(
usually
rendred
Duces
,
Ibid.
204.
205.
because
they
headed
the
People
in
War
(
and
were
then
as
our
Lords
Lieutenants
,
but
of
far
greater
Authority
)
But
,
That
they
also
comprehended
other
,
Temporal
Magistrates
,
as
also
the
Bishops
and
Rulers
of
the
Church
;
for
that
it
appears
,
those
Words
,
Magnates
&
Seniores
,
or
Senatores
,
included
the
chief
Rulers
,
Magistrates
and
Officers
of
the
People
,
in
all
Affairs
Civil
,
Military
and
Ecclesiastic
;
and
it
appears
,
That
these
generally
constituted
the
Wittenagemote
,
or
Saxon
Parliament
.
Indeed
,
on
extraordinary
Occasions
,
See
Saxon
Chron.
An.
1055.
And
the
Beadmanealre
Witenagemote
,
i.
e.
Et
indictus
fuit
omnium
Procerum
Conventus
,
before
Mid-Lent
.
This
included
the
Commons
and
was
by
Reason
of
the
extraordinary
Business
then
there
transacted
the
Commons
,
i.
e.
their
lesser
Thanes
,
or
Lords
of
Manors
,
as
also
the
Representatives
of
Cities
or
Burros
,
did
in
Person
appear
there
likewise
.
But
if
we
rightly
consider
the
Model
of
the
Saxon
Government
,
we
shall
find
,
That
,
except
in
such
extraordinary
Cases
,
it
would
be
a
vain
and
fruitless
Thing
for
the
Commons
to
appear
in
Person
at
all
their
Assemblies
of
the
Magnates
Regni
,
seeing
those
Magnates
,
were
,
in
Truth
,
the
Peoples
ordinary
Representatives
,
being
elected
and
fully
instructed
by
the
Commons
,
about
such
Affairs
as
related
to
them
.
For
the
Constitution
of
the
Saxon
Government
,
was
such
,
as
made
all
the
lesser
Assemblies
of
the
People
,
for
the
Election
of
Magistrates
,
and
Distribution
of
Justice
,
to
have
a
Connection
with
,
and
Dependance
on
some
higher
and
more
honourable
Convention
,
Wilkins
ut
supra
.
Lambard
,
ut
supra
.
to
whom
there
lay
a
Representation
and
Appeal
,
from
the
inferior
Convention
;
in
such
a
Manner
,
as
,
That
every
inferior
legal
Convention
,
was
,
as
it
were
,
a
lesser
Parliament
,
which
had
some
other
superior
Parliament
to
appeal
to
:
So
the
higher
Assemblies
had
the
Inspection
and
Controul
of
what
was
transacted
in
the
next
subordinate
Conventions
.
And
hence
it
appears
,
Spelman
,
540.
That
the
Saxon
County-Courts
,
the
Hundred-Courts
,
or
Wapentakes
,
and
even
the
Court-Barons
,
or
Manor-Courts
,
were
as
much
Parliamentary
Assemblies
within
their
respective
Precincts
and
Jurisdictions
,
as
the
Wittenagemote
,
or
Assembly
of
Great
Men
was
for
the
whole
Kingdom
.
Thus
,
in
ordinary
Cases
,
there
was
no
Occasion
to
apply
to
the
superior
Parliament
,
See
Mirror
,
cap.
5.
sect.
1.
Parliamts
.
to
be
held
at
London
twice
yearly
,
&c.
i.
e.
Whether
the
King
summon'd
'em
or
not
and
as
Sadler
,
p.
50.
Licet
Rex
sit
absens
,
&c.
Note
,
the
Inferior
Courts
were
held
12
Times
yearly
,
on
〈◊〉
Days
Notice
;
but
not
the
Superior
.
Wilkins
Sax
LL.
205
c
2
when
the
inserior
Parliament
could
,
and
usually
did
,
provide
a
Remedy
.
But
there
are
two
Things
especially
remarkable
in
the
Oeconomy
,
or
Connection
of
the
Saxon
Plan
of
Government
,
which
will
give
us
great
Light
into
the
Nature
of
their
Folkmotes
,
and
Wittenagemotes
,
or
Parliaments
,
viz.
1st
,
That
all
their
Folkmotes
,
or
County
Assemblies
,
being
generally
held
twice
yearly
,
at
certain
particular
Places
,
and
on
certain
stated
Days
,
or
Times
in
the
Year
,
there
was
no
Occasion
for
any
special
Notice
to
be
given
of
,
or
any
Summons
to
those
Assemblies
,
no
more
than
for
the
Terms
at
this
Day
.
Every
Freeman
,
whose
Duty
it
was
,
attended
there
in
Person
,
or
by
Representation
,
and
that
under
a
Mulct
or
Penalty
,
as
may
be
seen
in
the
Saxon
Laws
,
relating
to
this
Matter
.
Thus
the
Free-Tenants
of
Manors
,
Spel.
Glos
.
in
verbis
Manor
,
Turnus
,
Comitatus
,
&c.
by
their
Lord
or
Steward
,
the
Burroholders
by
the
Head-Burros
,
and
the
Freemen
in
each
Tything
by
their
Tienmantale
,
or
Representative
,
attended
at
the
Hundred
Courts
,
and
those
of
the
Hundred
,
attended
at
the
County
Courts
,
by
their
Hundreders
,
&c.
And
those
of
the
County
(
as
Earls
and
Bishops
,
of
the
respective
Counties
)
attended
the
Witenagemote
in
this
Manner
,
viz.
The
Courts
of
Manors
and
Tythings
,
always
ended
before
the
Wapentacks
,
or
Hundred
Courts
began
,
and
these
ended
just
before
the
Folkmotes
,
or
County
Courts
began
,
and
these
last
just
before
the
ordinary
Witenagemote
,
or
Grand
Parliamentary
Assembly
began
.
By
this
Method
,
See
32d
Law
Ed.
Conf.
a
certain
Connection
and
Dependance
of
all
inserior
Courts
,
on
the
next
Superior
was
established
;
so
that
there
lay
an
easy
Transition
by
Appeal
from
the
Inferior
,
to
the
next
superior
Court
;
and
lastly
,
To
the
Conventio
Magnatum
,
or
Supream
Assembly
.
2dly
,
Another
observable
,
is
,
That
all
these
Courts
were
so
held
,
twice
yearly
,
for
the
free
Election
of
Magistrates
,
and
the
free
Distribution
of
Justice
,
within
their
respective
Precincts
.
To
which
End
,
all
the
inferior
Courts
were
held
about
the
End
of
September
,
for
electing
their
Magistrates
and
Officers
(
as
they
still
are
in
London
and
some
other
Cities
)
and
the
other
half
yearly
Assembly
,
for
Distribution
of
Justice
,
was
usually
about
the
End
of
March
,
yet
so
that
all
was
over
before
the
Wittenagemote
,
See
Wilkins
,
LL.
Saxon.
p.
〈…〉
c.
1.
〈…〉
.
Purif
.
〈◊〉
M.
uno
〈◊〉
eodem
Die
per
Totum
Regnum
.
or
Grand
Assembly
was
held
,
which
,
by
an
express
Law
,
was
always
to
commence
,
The
first
,
on
the
Calends
of
October
,
for
confirming
or
constituting
all
the
Aldermen
,
or
Earls
or
Hetetoges
,
or
Lord
Lieutenants
of
the
several
Counties
,
as
also
of
all
the
other
Great
Officers
of
the
Kingdom
;
and
the
other
about
the
Calends
of
May
for
distributing
of
Justice
,
&c.
N.
B.
For
by
the
Constitution
of
the
Saxon
Government
,
no
Officer
,
either
Civil
or
Military
,
or
even
Ecclesiastical
,
could
be
invested
in
his
Office
,
or
Exercise
any
Jurisdiction
or
Authority
over
Freemen
,
without
the
free
Election
and
Consent
of
those
Freemen
over
whom
he
was
to
exercise
such
Authority
;
and
t
is
for
this
Reason
,
more
especially
,
That
the
People
of
England
are
denominated
Free
;
for
that
by
the
antient
Laws
and
Constitution
of
the
Kingdom
,
they
had
this
just
and
natural
Right
,
viz.
The
free
Election
of
their
Magistrates
and
Governors
,
without
which
our
Ancestors
thought
all
other
Liberties
were
but
a
Species
of
Bondage
.
For
of
what
Use
can
Liberty
be
to
him
,
whose
Person
,
or
Estate
,
is
subject
to
Officers
,
&c.
set
over
him
,
without
his
own
Consent
?
This
Freedom
of
Election
of
Magistrates
,
&c.
Civil
and
Military
,
under
the
Saxon
Government
,
fully
appears
thro-out
the
whole
Body
of
their
Laws
,
especially
in
the
35th
Law
of
Edward
the
Confessor
,
which
provides
,
See
Spel.
Gloss.
in
verbo
Vicecom.
p.
555.
That
all
Sheriffs
(
or
Earls
)
and
all
Heretokes
,
or
Lords
Lieutenants
of
Counties
,
shall
be
elected
in
pleno
Folkmote
,
i.
e.
by
the
Freeholders
in
a
general
County
Assembly
,
or
Parliament
.
And
that
their
Practice
was
therein
pursuant
to
the
Law
,
Sax.
Chr.
sub
Anno
1064.
appears
from
the
Case
of
Tosty
,
Earl
of
Northumberland
;
for
(
says
the
Saxon
Chronicle
)
That
Earl
,
misbehaving
himself
in
his
Office
,
the
People
of
that
County
deposed
him
from
being
their
Earl
,
and
proceeded
to
elect
Morkar
,
the
Son
of
Elfgar
,
LL.
Inae
c.
8.
&
36.
LL.
Edgari
,
c.
3.
LL.
Canuti
,
c.
13.
14.
into
his
Place
:
Which
Power
of
deposing
Earls
,
and
other
Officers
,
appears
to
have
been
vested
in
their
Folkmotes
,
by
express
Provision
of
divers
Laws
both
of
the
Saxon
and
Danish
Kings
.
I
confess
,
in
the
Case
of
Earl
Tosty
,
Sax.
Chr.
p.
171.
t
is
said
,
That
after
the
People
had
so
elected
Morker
to
be
their
Earl
,
they
certified
their
Election
to
the
King
,
and
intreated
his
Assent
thereto
,
to
which
the
King
yielded
;
and
on
the
Vigils
of
Simon
and
Jude
,
sent
them
a
Confirmation
,
or
Renewal
of
the
Laws
of
King
Canute
(
i.
e.
That
for
deposing
Earls
,
&c.
)
This
shews
,
That
tho
the
King
had
the
Power
of
confirming
the
Earl
in
his
Office
,
yet
he
could
not
of
himself
appoint
any
Earl
over
the
People
,
without
their
own
free
Election
and
Consent
,
in
a
Folkmote
or
County
Parliament
.
Now
,
Vide
Edv.
Cons.
32.
&
35.
as
all
Titles
and
Dignities
in
the
Saxon
Plan
of
Government
,
had
both
Officium
and
Benesicium
annex'd
thereto
,
so
there
were
divers
previous
Qualifications
necessary
to
enable
the
Persons
to
be
elected
to
such
Dignity
or
Office
:
Thus
,
in
Order
to
be
a
greater
Thanes-worthy
,
Qualifications
and
Elections
of
Peers
,
&c.
or
worthy
to
be
elected
one
of
the
greater
Thanes
(
i.
e.
Lord
of
a
Hundred
)
he
was
to
have
such
an
Estate
;
and
to
be
an
Earl
,
or
Alderman's-worthy
or
worthy
to
be
elected
an
Earl
,
or
Alderman
of
a
County
,
he
was
to
have
such
an
Estate
;
with
other
Qualifications
respecting
each
Office
.
So
that
three
Things
,
at
least
,
ought
to
concur
in
constituting
an
Alderman
,
or
Earl
of
a
County
,
as
also
of
a
greater
Thane
,
or
Lord
of
a
Hundred
(
both
which
,
with
the
Bishops
then
,
made
up
the
Body
of
their
ordinary
Folkmotes
,
and
Witenagemotes
)
viz.
1st
,
He
was
to
have
an
Estate
in
Lands
,
with
other
Qualifications
.
Secondly
,
The
Election
and
Consent
of
such
Freemen
over
whom
he
was
to
preside
.
And
thirdly
,
The
Royal
Assent
,
or
Confirmation
(
usually
in
Parliament
)
And
further
,
as
all
the
Magnates
Regni
,
Who
ordinarily
were
Representatives
of
the
People
.
That
Bishops
were
elected
by
the
People
,
even
after
the
Conquest
.
See
Sadlers
Rigts
.
of
the
Kingdom
,
p.
1178.
133.
134.
140.
&c.
and
all
other
Officers
and
Magistrates
,
whether
Civil
or
Military
(
and
even
Ecclesiastical
,
as
Bishops
,
&c.
)
were
in
those
Times
elected
to
their
respective
Offices
,
by
the
Persons
over
whom
they
were
to
preside
;
so
they
were
liable
for
Misbehaviour
in
their
Offices
,
not
only
to
a
Deprivation
,
but
also
to
be
otherwise
censured
and
punished
in
their
Folkmotes
,
and
other
Conventions
;
and
consequently
were
under
the
strictest
Guard
,
to
keep
to
their
Duty
,
and
perform
their
Trust
,
both
in
their
Folkmotes
,
or
County
Parliaments
,
as
also
in
the
Grand
Witenagemote
,
or
Supream
Parliament
.
And
tho
such
Officer
presided
in
the
former
,
as
their
Prince
or
King
;
yet
in
the
latter
,
he
was
but
their
Representative
:
And
thus
the
Magnates
Regni
,
Nota.
or
Lords
of
Parliament
,
were
originally
and
ordinarily
,
no
other
than
the
Representatives
of
the
Commons
or
Freemen
.
T
is
true
,
in
extraordinary
Cases
,
Spel.
Glos
.
verbo
Subsidium
.
as
in
Granting
of
New
Ayds
or
Taxes
,
as
Danegelt
,
&c.
the
Commons
likewise
attended
in
Parliament
either
in
Person
,
or
by
their
Deputies
,
specially
authorized
;
but
such
Ayds
and
Taxes
were
then
very
rare
;
See
Mr.
Madox's
Hist.
Exchequer
.
c.
7.
8
,
9
,
&c.
the
Crown
in
those
Times
being
abundantly
supply'd
in
ordinary
Cases
,
by
its
Rents
and
Revenues
,
both
certain
and
casual
;
as
Fines
,
Forfeitures
,
Escheats
,
the
third
Part
of
the
Profits
of
all
Leets
,
Hundreds
,
Counties
,
and
other
Courts
,
Ayds
,
to
make
the
King
's
eldest
Son
a
Knight
,
Vide
Paulus
Manut.
De
Legihus
Romanis
.
to
marry
his
eldest
Daughter
,
&c.
all
which
I
take
to
be
of
a
British
or
Roman
Original
.
Besides
which
,
if
we
consider
the
vast
Profits
and
Revenues
then
arising
from
the
antient
Demesne
,
and
other
Crown
Lands
,
we
may
easily
Grant
,
That
the
King
had
rarely
any
Occasion
for
extraordinary
Ayds
:
For
the
Tenants
of
those
Lands
,
Spel.
Glos
.
verbo
Villenagium
.
holding
the
same
in
Villenage
,
and
they
themselves
being
esteemed
as
the
Villani
Regis
,
the
King
could
not
only
Tax
'em
at
his
Pleasure
,
but
also
appoint
'em
what
Officers
and
Magistrates
,
and
even
out
'em
of
their
Possessions
as
he
pleased
;
and
therefore
Tenants
in
antient
Demesne
,
while
they
continued
such
,
〈◊〉
were
never
esteemed
Freemen
;
they
never
served
on
Juries
,
never
voted
for
Members
of
Parliament
,
nor
ever
contributed
to
their
Expences
:
In
short
,
They
were
thought
to
be
so
far
under
the
Power
and
Influence
of
the
Crown
,
as
not
to
be
in
any
wise
entrusted
with
the
Peoples
Liberties
.
Sir
H.
Spelman
,
in
his
Glossary
,
In
verbo
Subsidium
p.
527.
says
thus
,
I
find
not
that
the
(
antient
)
Saxon
Kings
had
any
Subsidies
,
&c.
But
they
had
many
Customs
,
whereby
they
levyed
Money
of
the
People
,
or
Personal
Services
towards
building
(
repairing
)
of
Cities
,
Castles
,
Bridges
,
Military
Expeditions
,
&c.
call'd
Burgbote
,
Bridgebote
,
Herefare
,
Heregeld
,
&c.
But
when
the
Danes
oppress'd
the
Land
,
King
Egelrede
(
or
Ethelred
)
Anno
1007
,
yielded
(
in
a
Parliament
)
to
pay
them
10000
l.
which
was
afterwards
encreased
to
36000
l.
then
to
113000
l.
and
lastly
,
Note
,
this
Assessment
was
doubtless
with
Consent
of
the
Commons
Q.
If
Church-men
were
not
Procuratores
aut
Participes
Danici
Subsidii
.
to
a
yearly
Tax
or
Tribute
of
48000
l.
This
was
called
Danegeld
,
and
for
raising
it
,
every
Hyde
(
or
Plough
)
of
Land
,
was
cessed
at
12
d.
yearly
(
the
Church-Lands
excepted
)
which
therefore
was
called
Hydage
(
and
Carvage
)
which
Name
afterwards
remained
upon
all
Subsidies
and
Taxes
imposed
upon
Lands
;
for
sometimes
it
was
imposed
upon
Cattle
,
and
then
t
was
called
Horngled
.
But
tho'
the
Saxon
Witenagemotes
were
so
ordinarily
held
per
Regem
cum
Magnatibus
Regni
.
Yet
it
is
very
Evident
,
that
when
any
matters
were
to
be
there
Transacted
,
which
in
general
concerned
the
Body
of
the
Freemen
of
the
Kingdom
,
in
such
cases
the
Rule
was
Quod
tangit
omnes
tractetur
ab
omnibus
,
and
nothing
could
be
determined
in
their
Parliaments
relating
to
Peace
or
War
,
new
Ayds
,
Taxes
or
other
publick
charges
on
the
People
,
without
their
Common
Assent
either
in
Person
or
by
special
Representatives
.
T
is
true
,
See
Madox
ut
ante
.
the
Saxon
Kings
had
very
rarely
any
such
Ayds
,
Taxes
or
Subsidies
,
as
are
granted
to
our
Kings
at
this
Day
:
The
vast
Profits
arising
to
the
Crown
in
those
Days
,
consisted
in
the
Rents
and
Produce
of
their
antient
Demeasn
Lands
;
the
third
Part
of
the
Profits
of
all
the
County
,
and
other
Courts
in
the
Kingdom
,
besides
the
many
other
Incomes
on
Fines
,
Forfeitures
and
other
Penalties
,
and
other
Revenues
certain
and
casual
,
made
it
seldom
necessary
to
Tax
the
People
by
a
Parliament
.
They
had
also
(
says
Spelman
)
many
Customs
,
In
verbo
Subsidium
.
whereby
they
levied
Money
of
the
People
,
or
exacted
their
Personal
Services
towards
the
Building
and
Repairing
of
Cities
,
Castles
and
Bridges
,
for
Military
Expeditions
,
&c.
which
they
called
Burg-bote
,
Vide
ante
.
Brig-bote
,
Here-fax
,
Here-geld
,
&c.
Tho'
we
may
well
conclude
those
Customs
and
Duties
,
to
have
been
originally
granted
by
Assent
of
the
Commons
in
a
Parliamentary
Assembly
,
as
't
is
certain
Peterpence
,
Danegeld
,
Spelman
ib.
Horngeld
,
&c.
were
.
As
to
Peterpence
,
Idem
in
Verbo
Romascot
.
See
Fedus
Edvardi
and
Guthurui
c.
6.
LL.
Edgari
c.
4.
LL.
Caunti
c.
15.
LL.
Hen.
1.
c.
12
&c.
In
verbo
.
Subsidium
.
otherwise
called
Romescot
and
Romefee
,
whether
the
same
was
first
granted
by
King
Ina
,
as
is
generally
said
,
or
by
King
Offa
,
as
others
affirm
;
't
is
plain
a
Parliamentary
Consent
was
had
thereto
,
as
the
Laws
touching
the
Regulation
of
the
same
,
doe
manifestly
prove
.
And
as
to
Danegeld
,
&c.
Sir
Henry
Spelman
says
,
The
Danes
having
oppressed
the
Land
,
King
Egelred
(
i.
e.
Ethelred
)
in
the
Year
1007
,
yeilded
(
i.
e.
by
consent
of
Parliament
)
to
pay
them
for
obtaining
Peace
10,000
l.
which
was
after
encreased
to
36,000
l.
then
to
113000
l.
and
lastly
to
a
yearly
Tribute
of
48,000
l.
and
for
the
raising
of
this
Tax
,
Note
this
Tax
appears
to
have
been
promoted
by
some
Church-men
who
t
is
probable
shared
the
plunder
.
Splem
.
ut
Supra
.
every
Hyde
or
Plough
Land
was
charg'd
with
12
d.
Yearly
,
(
Church
Lands
excepted
)
and
thereupon
t
was
called
Hydage
,
which
Name
was
afterwards
apply'd
to
all
Taxes
and
Subsidies
imposed
on
Lands
;
but
if
the
Tax
was
laid
on
Cattle
,
't
was
call'd
Horn-geld
.
The
Normans
(
says
the
same
Author
)
called
these
sometimes
,
from
the
Latin
and
Greek
Word
,
Taxes
,
and
sometimes
from
their
own
Language
Tallagia
,
signifying
to
cut
or
divide
from
,
(
as
the
Word
Excise
doth
at
present
)
and
sometimes
they
denominated
'em
according
to
the
usual
Words
beyond
Sea
.
Auxilia
and
Subsidia
(
Ayds
and
Subsidies
)
and
accordingly
W.
1.
had
those
Taxes
or
Tallages
,
and
made
Laws
for
the
manner
of
Levying
them
:
Vide
LL.
W.
1.
p.
125.
Rights
of
the
Kingdom
115.
But
this
also
seems
to
be
by
pretence
or
colour
of
(
I
cannot
call
it
a
free
)
Parliament
.
But
to
return
to
the
Saxons
and
their
manner
of
granting
Aids
and
Taxes
;
Hist.
Aethelwerdi
Li.
3.
we
may
observe
that
King
Egbert
,
(
who
is
generally
said
to
have
been
the
first
Monarch
of
England
)
seems
to
have
attained
his
Conquests
and
Extent
of
Dominion
,
chiefly
by
the
extraordinary
Aids
and
Supplies
granted
by
his
Commons
;
See
Ingulph
.
p.
6.12.17
.
and
that
by
the
same
Means
,
he
was
enabled
so
vigorously
to
Repel
the
Danes
,
&c.
To
this
purpose
we
meet
with
a
Passage
in
the
History
of
Croyland
,
viz.
That
this
King
confirmed
a
grant
of
Lands
to
that
Abby
;
coram
Pontificibus
&
Majoribus
totius
Angliae
,
i.
e.
(
as
I
apprehend
)
before
the
Prelates
,
Peers
and
greater
Commons
of
all
England
,
who
(
as
the
History
saith
)
were
then
met
together
at
London
,
consulting
how
to
provide
Aids
and
Supplies
contra
Danicos
Piratas
,
&c.
The
whole
Passage
proves
this
Transaction
to
have
been
in
a
general
Council
,
or
Parliament
,
met
purposely
for
the
raising
of
new
Aids
;
and
the
Word
Majores
,
seems
plainly
to
intend
the
Representatives
of
the
Commons
,
and
to
be
of
a
lower
Degree
than
the
proceres
or
Temporal
Peers
.
Vide
Bed
.
Hist.
And
that
the
Commons
attended
at
that
Consult
,
may
not
only
appear
from
divers
of
the
Names
Subscribed
to
that
Charter
:
But
't
is
also
evident
from
Bede
and
other
antient
Authors
,
that
the
Word
Majores
was
then
used
to
signify
such
Officers
and
Magistrates
as
we
now
Term
,
Sheriffs
of
Counties
,
and
Mayors
or
Bailiffs
of
Towns
and
Cities
.
And
tho'
the
Word
Danegelt
,
Ingulph
.
is
not
quite
so
antient
as
the
Time
of
K.
Egbert
,
yet
that
the
first
grant
thereof
,
was
with
consent
of
the
Commons
,
appears
from
the
Laws
of
Edward
the
Confessor
;
Hoveden
.
who
first
remitted
it
,
it
having
been
diverted
from
its
Original
and
true
Institution
;
the
very
Cause
ceasing
under
the
Kings
of
the
Danish
Race
,
who
notwithstanding
continued
the
Tax
,
and
which
tho'
remitted
by
the
Confessor
,
was
afterwards
revived
by
the
Conqueror
,
See
Laws
of
W.
1.
as
a
proper
Expedient
for
augmenting
regal
Power
;
and
yet
this
Revival
seems
also
to
be
by
consent
of
,
or
under
colour
of
a
Parliament
.
—
But
further
,
In
the
abovementioned
History
of
Croyland
,
Hist.
Ingulphi
ad
Annum
855.
there
is
a
remarkable
Charter
made
by
Ethelwulph
the
West
Saxon
King
,
who
was
Son
and
Successor
to
K.
Egbert
,
and
the
Father
of
his
four
Successors
,
i.
e.
Ethelbald
,
Ethelbert
,
Ethelfred
and
Alfred
.
Rights
of
the
Kingdom
p.
84
,
85.
The
Charter
itself
imports
a
grant
of
Lands
,
Tythes
,
&c.
to
that
Abby
,
and
in
the
Body
of
it
,
is
said
to
be
made
cum
Consilio
Episcoporum
Principum
,
&c.
and
is
Subscribed
by
,
and
in
the
presence
of
the
Kings
of
Mercia
and
East
Anglia
,
Omniumque
Archieporum
Episcoporum
Abbatum
Ducum
Comitum
Procerumque
totius
Terre
;
aliorumque
Fidelium
infinita
Multitudine
,
Qui
omnes
Regio
Chirographo
Laudaverant
.
—
A
pregnant
Instance
of
a
Saxon
Parliament
compos'd
of
Kings
,
Lords
and
Commons
,
and
of
the
concurrent
Assent
of
the
three
Estates
in
the
passing
of
the
Grant
.
I
cannot
here
forbear
observing
an
Expression
in
that
Introduction
to
the
Laws
of
K.
Alphred
(
which
might
seem
strange
in
a
King
at
this
Day
)
where
speaking
of
his
Establishing
those
Laws
.
See
Wilkins
,
p.
34
and
Lambard
26.
(
Ex
consulto
Sapientum
Suorum
)
By
consent
of
his
Parliament
,
he
goes
on
thus
,
Fortham
ic
ne
durst
gedyrst-laecan
,
&c.
for
that
he
durst
not
attempt
to
do
it
otherwise
;
and
it
concludes
thus
,
Ergo
Ego
Alphredus
—
omnibus
Sapientibus
meis
hic
usus
sum
;
et
illi
dicebant
quod
ipsis
omnibus
bene
placuerint
ea
(
quae
Statuta
Suut
)
ut
observarentur
.
And
Andrew
Horn
,
a
Learned
Lawyer
,
Mirror
of
Justices
.
who
wrote
Temp.
Ed.
2.
in
many
places
of
his
Book
,
Speaks
of
K.
Alphred's
Parliaments
,
and
that
his
Laws
were
made
by
Assent
of
his
Great
Wise
Men
and
Commons
;
He
Expresly
mentions
and
applauds
that
Law
of
his
,
that
Parliaments
ought
to
be
held
twice
Yearly
,
and
Declares
the
Non-observance
of
that
grand
Law
of
State
,
to
be
one
of
the
highest
abuses
of
Law
and
Government
.
I
might
here
also
take
notice
of
other
Parliaments
of
the
same
King
,
Wilkins
LL.
Saxon
.
p.
51.
particularly
that
Treaty
entered
into
between
him
and
Guthrun
the
Dane
,
which
was
made
Ex
Sapientum
anglorum
Consilio
;
and
I
might
further
shew
that
all
the
Acts
of
State
,
both
of
him
and
his
Saxon
and
Danish
Successors
,
were
made
and
transacted
with
the
consent
of
the
Commons
,
as
well
as
Consilio
Magnatum
.
But
the
Point
is
so
fully
proved
in
our
antient
Historians
,
as
well
as
in
the
stile
used
by
those
Princes
in
their
Enacting
of
Laws
,
that
I
conceive
my
further
Endeavours
to
illustrate
,
it
would
prove
but
holding
a
Candle
to
the
Sun
.
And
as
for
the
Norman
Times
,
tho'
the
two
Williams
,
Father
and
Son
,
endeavour'd
what
they
could
to
suppress
the
Rights
of
the
Commons
,
yet
we
find
on
the
Death
of
the
latter
;
the
Commons
of
England
began
in
some
Measure
,
to
be
Restored
to
their
antient
Rights
,
i.
e.
the
Election
of
their
Officers
and
Magistrates
,
Civil
and
Ecclesiastical
,
and
their
being
Represented
in
Parliament
.
'T
is
True
,
W.
1.
Soon
after
his
acquisition
of
the
Kingdom
,
Swore
to
the
Observation
of
the
Laws
of
Edward
the
Confessor
,
but
added
a
very
odd
Limitation
to
the
Oath
,
viz.
with
such
amendments
(
i.
e.
alterations
)
as
he
,
with
advice
of
his
Council
should
make
therein
.
This
shewed
he
had
little
regard
to
those
Laws
,
and
the
Rather
for
that
the
Observance
of
them
,
would
in
a
great
Measure
deprive
him
of
Nominating
the
Officers
and
Governors
of
the
Kingdom
;
a
tender
Sore
to
a
Prince
that
aims
at
arbitrary
Power
.
He
therefore
took
upon
him
the
Nomination
and
Disposition
of
all
Offices
and
Dignities
;
Sold
and
Distributed
,
Earldoms
and
Baronies
at
pleasure
,
and
seems
to
have
utterly
deprived
the
People
of
their
Right
of
Election
of
Magistrates
and
Representatives
,
(
except
for
London
)
without
which
,
no
People
can
be
esteemed
Free
;
and
having
afterwards
settled
his
Revenue
by
the
Record
of
Domesday
Book
;
he
had
thence
forward
no
occasion
for
supplies
in
Parliament
.
W.
Rufus
succeeded
him
on
the
like
Foot
,
and
on
his
Coronation
,
Swore
the
like
Oath
with
the
like
Explanation
,
i.
e.
to
observe
the
Confessors
Laws
with
such
amendments
,
i.
e.
alterations
therein
,
as
had
been
made
by
his
Father
;
and
H.
1.
on
his
coming
to
the
Throne
,
Swore
to
the
Observance
of
the
same
Laws
,
with
such
alterations
as
had
been
made
therein
,
by
his
Father
and
Brother
.
Hitherto
the
Yoak
of
the
Norman
Conquest
and
Tyranny
,
had
layn
heavy
on
the
Necks
of
the
Commons
of
England
;
but
now
their
Day
of
Redemption
seem'd
to
draw
Nigh
;
for
in
a
few
Years
after
this
,
Robert
the
Eldest
Son
of
W.
1.
being
return'd
from
the
Holy
Land
,
and
coming
into
England
set
up
his
claim
to
the
Crown
,
and
made
such
a
Party
among
the
Norman
Nobility
here
,
that
King
Henry
was
forced
to
throw
himself
into
the
Arms
of
the
English
,
and
thereupon
called
a
Parliament
at
London
,
which
seems
to
have
been
composed
almost
,
if
not
wholy
of
an
English
House
of
Commons
.
The
Speech
made
by
that
Prince
at
the
Meeting
of
that
Parliament
,
is
Recorded
by
Mat.
Paris
,
and
does
so
remarkably
discover
the
Restoration
of
the
Rights
of
the
Commons
,
and
the
Renovation
of
the
antient
Constitution
(
by
granting
the
Original
of
our
Magna
Charta
and
other
Liberties
,
)
that
I
cannot
forbear
giving
the
Speech
and
its
Introduction
to
the
Reader
,
both
in
Latin
and
in
English
,
viz.
Magnatibus
igitur
Regni
ob
hoc
Londonium
Edicto
Regio
convocatis
Rex
,
Oratio
Regis
Henrici
ad
Anglos
.
See
Mat.
Paris
old
Edicon
p.
83.
and
in
Watts
,
p.
42.
(
Henricus
)
talibus
alloquiis
super
Mel
&
Favum
Oleumque
Mellitis
&
Mollitis
blandiens
Dixit
;
(
Vos
Angligeni
)
Amici
&
sideles
mei
Indigenae
ac
Naturales
.
Nostis
veraci
Fama
referente
qualiter
Fratermeus
Robertus
electus
et
per
Deum
Vocatus
est
,
ad
Regnum
Hierosolymitauum
feliciter
Gubernandum
,
et
quam
frontose
illud
infeliciter
Refutaverit
;
Merito
propterea
a
Deo
Reprobandus
:
Nostis
etiam
in
multis
alijs
Superbiam
et
ferocitatem
illius
,
et
quia
Vir
bellicosus
Pacis
Impatiens
est
;
Vosque
Scienter
quasi
contemptibiles
,
et
quos
Desides
vocat
&
Glutones
conculcare
desiderat
.
Ego
vero
Rex
humilis
&
pacificus
Vos
in
Pace
&
in
antiquis
Vestris
Libertatibus
prout
crebrius
jurejurando
promisi
gestio
confovere
,
et
vestris
inclinando
Consilijs
,
consultius
ac
Mitius
,
more
Mansueti
Principis
Sapienter
Gubernare
;
Et
super
his
(
si
provideritis
)
Scripta
subarata
roborare
,
et
iteratis
Juramentis
praedicta
certissime
Confirmare
;
Omnia
Videlicet
quae
Sanctus
Rex
Edvarvardus
,
Deo
inspirante
,
provide
Sancivit
inviolabiliter
jubebo
observari
;
ut
vos
mecum
fideliter
Stantes
,
Fratris
mei
,
immo
et
mei
&
totius
Regni
Angliae
Hostis
cruentissimi
Injurias
,
potenter
animose
ac
voluntarie
propulsetis
;
si
enim
Fortitudine
Anglorum
roborer
,
inanes
Normanorum
Iras
,
Nequaquam
censeo
formidandas
.
The
King
having
by
his
Royal
Edict
,
K.
H.
●
.
his
Speech
to
his
Eng.
Parliam
.
called
the
English
great
Men
of
the
Kingdom
to
London
,
for
that
intent
harangued
them
with
a
most
gracious
Speech
,
smoother
than
Oil
,
and
sweeter
than
Honey
,
or
the
Honey-comb
,
thus
:
My
belov'd
,
and
faithful
Friends
(
Englishmen
)
You
who
are
the
true
born
Inhabitants
,
It
seems
the
Norman
Nob.
tho'
Summon'd
,
refused
to
attend
H.
Parliam
.
and
to
have
joined
with
Robert
.
and
natural
Proprietors
of
this
Kingdom
.
You
know
what
undeniable
Truth
is
founded
in
the
Report
that
my
Brother
Robert
hath
been
Elected
,
and
by
God
call'd
to
the
glorious
Government
of
the
Kingdom
of
Jerusalem
,
and
how
shamefully
he
has
rejected
that
call
;
for
which
Cause
he
deserves
to
be
abandoned
by
God
.
You
also
know
among
many
other
his
ill
Qualities
;
that
he
is
of
a
proud
and
brutal
Disposition
,
and
that
being
as
it
were
nurs'd
in
War
and
Blood
;
he
is
an
utter
stranger
to
Peace
;
that
he
publickly
Treats
you
as
contemptible
,
and
calls
you
Slaves
and
Gluttons
,
and
that
his
whole
aim
is
to
Tyrannize
over
you
.
But
I
a
mild
,
gentle
and
pacifick
King
,
desire
to
protect
you
in
Peace
,
and
in
the
enjoyment
of
your
antient
Laws
and
Liberties
as
I
have
often
Sworn
to
do
,
and
to
be
guided
by
your
Counsels
,
whereby
I
may
Govern
you
with
the
more
Prudence
and
Moderation
,
as
a
Mild
and
a
gentle
Prince
.
Nay
more
than
this
,
if
you
will
provide
a
Charter
,
I
am
ready
to
confirm
and
Establish
thereby
,
and
on
my
renewed
Oath
inviolably
observe
all
those
good
Laws
which
the
holy
King
Edward
being
inspired
by
God
,
did
with
Wisdom
ordain
.
That
so
,
you
standing
faithfully
and
couragecously
by
me
,
we
may
powerfully
resist
and
repell
such
injuries
as
may
be
attempted
against
us
by
this
Brother
of
mine
,
who
is
the
bloody
Enemy
of
you
,
and
of
the
whole
Kingdom
of
England
:
For
let
me
be
but
assisted
with
the
Courage
of
you
Englishmen
,
I
shall
not
in
the
least
fear
the
vain
Threats
of
those
(
upstart
)
Normans
.
From
the
foregoing
Passage
concurrent
with
other
circumstances
of
those
Times
,
I
conceive
we
may
raise
the
following
conclusions
.
1.
LL.
Ed.
Conf.
c.
33.35
.
&c
The
Convention
abovemention'd
being
Convoked
Edicto
Regio
,
&c.
was
one
of
those
extraordinary
Parliaments
before
mentioned
,
met
together
to
consult
De
arduis
Negotijs
Regni
(
i.
e.
how
to
secure
the
Possession
of
the
Crown
)
and
not
one
of
those
stated
,
and
ordinary
Parliaments
which
by
the
Saxon
constitution
were
to
be
held
twice
Yearly
(
viz.
about
the
beginning
of
May
and
beginning
of
October
)
which
ordinary
Parliaments
were
afterwards
by
divers
Statutes
,
LL.
Ed.
gari
.
c.
5.
See
4.
Inst.
so
.
9.
&
36.
E.
3.
c.
10.
St.
4.
E.
3.
c.
14.
reduced
to
once
a
Year
certainly
,
(
i.
e.
whether
Summoned
or
not
)
or
oftener
if
need
were
,
i.
e.
if
there
was
any
occasion
to
call
one
by
a
special
Summons
,
pro
arduis
Negotijs
Regni
.
2.
That
tho'
the
Magnates
Regni
are
only
mentioned
to
be
Summoned
,
yet
the
Commons
of
England
were
therein
included
;
and
indeed
it
is
very
Evident
,
that
the
Words
Magnates
Regni
or
Nobiles
Regni
,
Selen
Tie
.
Hon.
603.
&
604.
in
the
Language
of
those
Times
included
both
Lords
and
Commons
when
applyed
to
a
National
Assembly
:
For
as
Mr.
Selden
observes
the
Word
Nobilis
in
the
Saxon
Times
denoted
every
Gentleman
(
i.
e.
under
Thanes
or
Knights
,
&c.
)
So
after
the
Conquest
,
the
Word
Baronagium
,
Camb.
fo.
137.
Edit.
Lond.
1600.
included
the
Commons
as
well
as
Peers
,
and
Mr.
Cambden
with
others
,
do
consess
Quod
Sub
Nomine
Baronagij
omnes
Regni
ordines
continebantur
.
Thus
Rex
Magnates
&
Proceres
are
said
to
make
the
Stat.
of
Mortmain
,
which
was
apparently
made
by
the
K.
Lords
and
Commons
;
17
Johanis
.
and
the
Magna
Charta
of
K.
John
(
of
which
that
of
K.
H.
1.
is
clearly
prov'd
to
be
the
Foundation
)
appears
to
have
been
made
per
Regem
Barones
&
Liberos
homines
totius
Regni
,
Mat.
Par.
Edit.
per
Watts
,
p.
38.45.51.166
.
&
alibi
.
all
which
are
by
the
Historians
of
those
Times
,
called
Magnates
Angliae
.
See
farther
of
the
Import
of
the
Word
Magnates
in
Mat.
Paris
.
3.
M.
Paris
10.6
.
&
40.
That
the
Norman
Nobility
,
tho'
Summoned
,
resus'd
to
appear
at
this
Parliament
,
they
being
almost
entirely
devoted
to
Robert
the
King
's
Elder
Brother
;
and
hence
it
is
that
we
find
the
King's
Speech
is
here
Directed
to
English
Men
only
,
and
that
too
in
opposition
to
the
Normans
in
general
,
on
whom
the
King
in
the
Conclusion
very
warmly
Reflects
,
in
order
to
ingratiate
himself
the
more
with
the
English
Commons
,
of
whom
this
Parliament
seems
to
have
been
(
almost
)
wholly
composed
.
The
cause
of
the
Normans
defection
seems
to
have
been
,
Vide
ibid
42.
for
that
King
Henry
having
in
the
2d
year
of
his
Reign
Married
Maude
the
Daughter
of
Margaret
,
Q.
of
Scotland
,
who
was
Edgar
Aetheling's
Sister
,
and
the
direct
lineal
Heir
of
the
English
Blood
Royal
,
Mat.
Par.
40.
was
so
enamoured
with
her
(
tanto
ardentius
exarsit
in
ipsius
amorem
)
that
he
very
much
favoured
the
English
for
her
Sake
;
whereupon
the
Normans
raised
a
general
Rebellion
against
him
,
in
favour
of
Robert
;
and
tho
by
the
Intervention
of
Friends
,
the
difference
between
the
two
Brothers
was
Skinn'd
over
for
the
present
,
yet
we
find
the
K.
could
never
afterwards
be
heartily
reconciled
to
the
Norman
Nobility
,
tho'
of
his
own
Blood
,
diverse
of
whom
as
Robert
de
Beleasmo
,
Ib.
40
41.
William
Earl
of
Moreton
,
and
others
;
he
soon
after
Banished
the
Kingdom
.
And
it
is
very
remarkable
,
That
in
the
Event
of
the
several
Contests
about
Robert's
Right
,
the
English
Commons
became
the
Victors
over
the
Norman
Nobility
;
first
,
on
behalf
of
W.
Rufus
,
in
the
Beginning
of
his
Reign
,
and
now
on
the
Behalf
of
K.
H.
1.
Vide
ib.
sub
Anno
1089.
And
the
Example
of
their
former
Valour
might
induce
this
King
to
gratify
and
caress
them
with
those
high
Encomiums
,
and
Promises
in
his
Speech
.
Which
Promises
,
tho
as
the
Historian
asserts
,
he
afterwards
,
impudenter
violavit
;
yet
,
as
to
the
granting
a
Charter
for
restoring
the
Confessor's
Laws
,
Ib.
p.
42.
doubtless
the
Parliament
took
him
at
his
Word
;
and
this
Charter
I
take
to
have
been
that
very
Charter
which
the
same
Historian
observes
to
have
been
produced
to
King
John
,
Ib.
p.
167.
at
the
Rencounter
of
Runny-Mead
,
and
not
that
which
is
mentioned
to
have
been
granted
by
this
King
,
at
his
Coronation
,
in
which
we
find
this
ensnaring
Stricture
,
Mat.
Par.
38.167
.
viz.
Lagam
Regis
Edvardi
vobis
reddo
,
cum
illis
emendationibus
quibus
Pater
meus
eam
emendavit
.
His
Father
having
,
under
Pretext
of
those
Emendations
,
utterly
deprived
the
English
of
the
Free
Election
of
their
Magistrates
;
whereas
t
is
evident
from
History
,
That
for
some
Years
after
this
new
Charter
granted
in
this
English
Parliament
,
the
People
were
generally
restored
to
the
Right
of
electing
their
own
Magistrates
and
Officers
,
Civil
,
Military
and
Ecclesiastical
;
and
this
I
take
to
be
the
grand
Foundation
of
the
Magna
Charta
of
English
Liberties
,
i.
e.
as
it
gave
Relaxation
from
Norman
Tyranny
and
Slavery
.
And
this
may
teach
us
,
Dier
60
&
—
.
See
Mirror
,
c.
1.
Sect
3.
Bra.
Flet.
Lambards
Archaion
,
5●
.
239.245
.
Sir
R.
Atkyns
,
p.
20.15
,
&c.
Vide
Post
.
c.
6.
&
7.
That
the
Rights
and
Liberties
of
the
Commons
of
England
,
are
neither
so
illegally
begotten
as
by
Rebellion
,
nor
of
such
tender
Years
,
as
some
imagine
.
But
if
any
Man
is
not
convinced
from
what
I
have
before
produced
,
touching
the
Origin
of
English
Parliaments
,
and
the
Antiquity
of
the
House
of
Commons
,
let
him
peruse
the
Authors
cited
in
the
Margin
,
especially
the
Treatise
writ
by
that
learned
Judge
Sir
Robert
Atkyns
,
on
this
very
Subject
.
Nor
was
this
the
first
English
Parliament
held
under
this
King
,
Mat.
Par.
37.39
.
2
Inst.
15.
Mat.
Paris
has
given
us
a
brief
Account
(
which
other
Authors
confirm
and
enlarge
)
That
one
Ranulph
,
Saxon
Chron.
sub
Anno
1099.
p.
208.210
.
Flor.
Wig.
&c.
Mat.
Par.
39.
Bishop
of
Durham
(
whom
Mat.
&c.
adorn
with
the
sublime
Titles
of
,
Vir
pessimus
,
&
corruptissimus
;
Homo
perversus
&
ad
omne
scelus
paratus
;
Vir
subacto
ingenio
&
prosunda
nequitia
,
&c.
)
was
imprisoned
,
&c.
by
a
Common-Council
or
Parliament
of
Englishmen
.
The
whole
Passage
runs
thus
,
Eo
tempore
Rex
tenuit
in
Custodia
Ranulphum
Dunelmensem
Episcopum
hominem
perversum
&
ad
omne
scelus
paratum
,
Quem
Frater
Regis
,
i.
e.
Rex
Willielmus
Episcopum
fecerat
Dunelm
.
&
Regni
Anglorum
subversorem
;
N.
B.
The
Office
of
a
Court
Bishop
.
Qui
cum
Regi
jam
dicto
nimium
esset
familiaris
,
constituerat
eum
Rex
,
Procuratorem
suum
in
Regno
,
ut
evelleret
,
destrueret
,
raperet
et
disperderet
,
et
omnia
omnium
Bona
ad
Fisci
commodum
comportaret
.
Sed
mortuo
eodim
Rege
iniquo
&
Henrico
coronato
,
de
Communi
Consilio
Gentis
Anglorum
,
posuit
Rex
eum
in
vinculis
,
&c.
Nor
was
the
Concurrence
of
the
Commons
in
Parliament
requisite
only
to
the
Imprisonment
or
Exauctoration
of
Bishops
,
Rights
of
the
Kingdom
,
p.
118.133.140
.
&c.
the
same
Assent
seems
as
necessary
,
and
that
too
in
a
superior
Degree
,
as
to
their
Election
or
Confirmation
;
divers
Instances
of
this
appear
in
the
Historians
of
those
Times
:
I
shall
select
some
to
prove
it
then
the
Custom
of
England
,
Scotland
,
Wales
,
Ireland
,
France
,
&c.
Anno
1113
,
Sax.
Chr.
p.
306.
Ralph
,
Bishop
of
Rochester
,
was
elected
Archbishop
of
Canterbury
by
the
King
,
Annuente
Plebe
&
Clero
;
Eadmer
.
Hoveden
.
this
was
done
in
Communi
Consilio
apud
Windsore
.
And
I
find
about
the
same
Time
,
That
another
Ralph
,
who
had
been
ordained
a
Bishop
in
Scotland
,
was
rejected
by
all
,
because
not
elected
with
the
Consent
of
the
People
,
&c.
And
notwithstanding
his
Consecration
,
was
forced
to
wander
about
,
and
officiate
as
a
Coadjutor
to
other
Bishops
.
About
the
Year
1120
,
Malmsb.
one
David
was
consecrated
Bishop
of
Bangor
,
by
the
then
Archbishop
of
Canterbury
;
but
t
is
expresly
said
,
That
he
had
been
thereto
elected
,
A
Principe
Clero
&
Populo
Walliae
,
i.
e.
by
a
Welch
Parliament
.
And
in
the
same
Reign
one
Gregory
,
an
Irish
Abbot
,
was
elected
to
the
Bishoprick
of
Dublin
,
a
Rege
Hiberniae
&
Clero
&
Populo
,
an
Irish
Parliament
.
So
that
the
Commons
at
this
Time
,
were
a
a
constituent
Part
of
the
Scottish
,
Welch
and
Irish
Parliaments
,
as
well
as
with
us
in
England
.
And
in
the
Year
1128
,
Vide
Sax.
Chro.
sub
An.
112.
I
find
that
fam'd
Scholar
Gilbertus
Universalis
,
to
be
elected
and
consecrated
Bishop
of
London
,
Annuente
Clero
&
Populo
.
This
seems
at
a
Parliament
at
London
.
But
this
Right
of
the
Commons
in
electing
Bishops
,
does
more
clearly
appear
in
H.
the
2d's
Time
,
when
all
Historians
agree
it
to
be
a
general
Custom
both
here
and
in
France
(
and
seems
founded
on
divers
express
Canons
of
the
Primitive
Church
)
Insomuch
,
as
Mezeray
,
in
his
History
,
asserts
,
That
until
that
Time
(
i.
e.
the
Middle
of
the
12th
Century
)
The
Voice
of
the
People
in
electing
Bishops
,
was
esteem'd
the
Voice
of
God
.
The
Successors
of
K.
H.
1.
K.
Steven
Mat.
Par.
51.
took
their
Coronation
Oaths
in
a
Form
much
more
enlarged
,
for
the
Ease
of
the
Commons
,
than
those
of
King
Henry
1.
or
his
two
Predecessors
:
Thus
K.
Steven
swore
,
Coram
Regni
Magnatibus
,
i.
e.
the
Lords
and
Commons
convoked
at
London
.
Ad
meliorationem
Legum
juxta
voluntatem
&
Arbitrium
singulorum
;
which
must
mean
,
That
he
would
reform
the
Laws
according
to
their
common
Consent
in
Parliament
;
and
afterwards
going
to
Oxford
(
i.
e.
to
hold
his
Parliament
)
Ibi
confirmavit
Pacta
,
quae
Deo
&
Populo
,
in
Die
Coronationis
suae
concesserat
.
This
I
take
to
be
meant
of
Danegelt
,
Hydage
,
Cornage
,
&c
See
there
some
Particulars
of
his
Oath
,
whereof
the
3d
is
(
Tallagia
)
Quae
autecessores
ejus
accipere
consueverant
in
aeternum
condonaret
.
And
in
the
following
Year
,
on
the
Arrival
of
Rob.
Earl
of
Glocester
,
Ibid.
51.
this
King
was
again
sworn
to
observe
the
Good
Laws
(
of
the
Realm
)
and
thereof
granted
his
Charter
;
and
see
there
the
conditional
Homage
paid
to
the
King
by
that
Earl
.
I
might
here
pursue
this
Thread
of
Coronation
Oaths
,
in
those
of
H.
2.
R.
1.
K.
John
,
Vide
Ib.
42.
in
pede
51.
and
the
Praef.
to
Privilegia
Londini
.
Rights
of
the
Kingdom
,
p.
88.
&c.
but
my
Intention
is
not
to
trace
the
Practices
of
Kings
in
taking
Coronation
Oaths
,
an
unlucky
Blot
remains
in
History
as
to
those
Princes
I
have
already
named
,
it
being
generally
observed
,
Impudenter
fregerunt
,
&c.
An
Author
,
who
seems
to
be
very
conversant
in
Matters
of
this
Nature
,
and
observes
thus
,
The
King's
Oath
is
to
confirm
the
just
Laws
which
the
Commons
(
not
the
Lords
)
shall
elect
or
choose
(
in
Latin
,
Quas
vulgus
elegerit
)
and
in
the
old
French
Oaths
of
Edw.
2.
and
Edw.
3.
tis
,
Les
quels
la
Communaute
aux
Eslue
.
And
in
the
English
Oaths
of
H.
8.
and
other
Princes
,
See
Sir
R.
Atkyns
ut
supra
p
28
29.
t
is
,
Which
the
Commons
of
the
Realm
shall
choose
.
And
that
the
antient
Writs
for
summoning
the
Commons
,
are
,
Nobiscum
tractur'
&
consilium
impensur'
de
arduis
Negotiis
Regni
.
And
the
same
Author
,
The
King
dom's
Rights
,
ut
supra
.
a
little
before
,
says
thus
,
The
Mirror
(
as
well
as
Tacitus
)
shews
how
our
Lords
were
originally
raised
out
of
(
and
by
)
the
Commons
,
and
(
with
Bracton
Fleta
,
&c.
)
gives
them
a
judicial
Power
over
the
Rest
,
&c.
Nay
,
the
Modus
Parliamenti
,
will
not
only
tell
us
,
That
the
Commons
have
better
and
stronger
Votes
than
the
Lords
;
but
that
there
may
be
a
Parliament
without
the
Prelates
,
&c.
For
there
was
a
Time
,
wherein
there
was
neither
Bishop
nor
Earl
,
and
yet
there
were
Parliaments
without
them
;
but
never
without
the
Commons
,
and
concludes
with
the
Impossibility
of
holding
a
Parliament
without
them
;
thus
,
Parliamentum
sine
Communitate
,
tenebitur
pro
nullo
,
quamvis
omnes
alii
status
plenarie
ibidem
intersuerint
.
Lastly
,
Sir
R.
Atkyn's
Power
of
Parliament
,
p.
32.
The
Freeholders
of
England
had
originally
the
Election
of
the
Conservators
of
the
Peace
,
who
are
become
out
of
Date
,
by
introducing
Justices
of
Peace
,
who
have
their
Power
,
not
by
any
Election
of
the
Freeholders
(
as
of
Right
they
ought
)
nor
are
they
nominated
by
them
,
but
by
the
King
,
and
have
their
Power
by
his
special
Commission
,
&c.
(
i.
e.
contrary
to
the
Common-Law
)
And
how
,
and
by
what
Means
,
and
in
what
tempered
Times
,
this
came
about
,
may
be
read
in
Lambards
Eirenarcha
.
Lambards
Justice
,
f.
16.19.20.147
,
&c.
It
was
done
by
Act
of
Parliament
,
in
the
Beginning
of
K.
Edw.
the
3d's
Reign
,
and
in
his
Minority
,
when
the
Queen
(
and
Mortimer
)
ruled
all
.
The
Freeholders
did
also
originally
,
Sir
R.
Atkyns
supra
and
from
all
Antiquity
,
at
their
Folkmotes
,
or
County
Courts
,
chuse
their
Heretochii
;
and
what
were
these
?
You
may
call
them
Lords
Lieutenants
,
Deputy
Lieutenants
(
or
it
may
be
Lieutenants
Generals
)
For
the
Saxon
Laws
tell
you
their
Duty
and
Office
,
LL.
Ed.
Conf.
35.
Vide
ante
and
that
they
were
to
be
Ductores
Exercitus
,
&c.
All
these
great
Officers
were
chosen
by
the
Freeholders
,
as
our
Knights
of
the
Shires
now
are
,
and
as
Conservators
,
or
Justices
of
Peace
formerly
were
,
and
as
Coroners
and
Verdredors
(
formerly
Men
of
great
Power
)
still
are
,
by
Writ
at
the
County
Courts
.
These
were
mighty
Powers
and
Freedoms
,
Sir
R.
Atkyns
supra
See
4
Inst.
174.558
.
and
were
enjoy'd
by
the
People
,
as
antiently
as
any
of
our
Records
do
reach
;
which
are
more
authentic
Proofs
(
of
our
Constitution
)
than
the
Writings
of
Modern
Historians
,
&c.
And
do
best
shew
the
native
Freedom
,
which
the
People
had
by
the
antient
Constitution
of
our
Government
,
contrary
to
all
the
new
Doctrines
of
our
late
Writers
;
and
prove
,
That
the
Privileges
and
Freedoms
we
yet
enjoy
,
are
not
meer
Emanations
of
Royal
Favour
,
as
our
Novellists
would
impose
upon
us
.
CHAP.
II.
Of
the
Dignity
and
Excellency
of
Parliaments
.
THE
Parliament
is
the
Foundation
and
Basis
of
Government
,
Rushw
Coll.
3d
Part
Vol.
1.
fo.
739
and
consequently
of
the
Peace
and
Happiness
of
the
Kingdom
;
as
it
creates
the
Law
by
which
we
are
ruled
and
governed
in
Peace
and
Quietness
;
so
it
preserves
the
Law
in
Power
and
Authority
:
It
watches
over
our
Religion
,
that
it
be
not
supplanted
and
exchanged
by
suppositious
Innovations
;
or
the
Truth
and
Substance
of
it
eaten
up
with
Formality
,
vain
Pomp
,
and
unnecessary
Ceremonies
.
It
is
the
Conservative
of
the
Rights
and
Liberties
of
the
Subject
,
and
the
Corrective
of
Injustice
and
Oppression
,
which
by
equal
Right
is
distributed
to
all
,
and
every
Man
hath
that
Benefit
and
Protection
of
Justice
which
is
due
to
him
.
It
is
that
by
which
alone
common
Necessities
can
be
provided
for
,
and
Publick
Fears
prevented
;
so
that
I
may
say
,
not
only
the
Peace
and
Happiness
,
and
well
Being
,
but
the
very
Being
of
this
Kingdom
,
can
have
no
other
Bottom
to
stand
upon
,
but
the
Parliament
;
it
being
the
Foundation
upon
which
the
whole
Frame
of
the
Commonwealth
is
built
.
The
Parliament
is
the
Cabinet
,
Ib.
201.
wherein
the
chiefest
Jewels
both
of
the
Crown
and
Kingdom
are
deposited
.
The
great
Prerogative
of
the
King
,
and
the
Liberty
of
the
People
,
are
most
effectually
exercised
and
maintained
by
Parliaments
,
&c.
Parliaments
are
the
Ground
and
Pillar
of
the
Subject's
Liberty
,
Ib.
587.
and
that
which
only
maketh
England
a
free
Monarchy
.
Parliaments
are
(
says
the
Earl
of
Warwick
,
Ib.
752.
Admiral
of
the
Sea
,
to
John
Pym
,
Esq
July
6
,
1742
)
That
Great
Council
,
by
whose
Authority
the
King
's
of
England
have
ever
spoken
to
their
People
.
Both
Houses
of
Parliament
are
the
Eyes
in
the
Body
Politick
,
Ib.
702.
whereby
His
Majesty
is
(
ought
)
by
the
Constitution
of
this
Kingdom
,
to
discern
the
Differences
of
those
Things
,
which
concern
the
Publick
Peace
and
Safety
thereof
.
(
The
Parliament
is
the
Mouth
of
the
King
and
Kingdom
,
Vox
Dei
,
&c.
)
Parliaments
(
says
K.
C.
1.
in
his
Declaration
to
all
his
Loving
Subjects
,
Rushw
.
Coll.
3d
Part
Vol.
2
p
40.
after
his
Victory
at
Edgehill
,
on
the
23d
of
October
,
1642
)
are
the
only
Sovereign
Remedies
for
the
growing
Mischiefs
which
Time
and
Accidents
have
,
and
will
always
beget
in
this
Kingdom
.
That
without
Parliaments
,
the
Happiness
cannot
be
lasting
to
King
or
People
.
The
Parliament
is
to
be
considered
in
three
several
Respects
;
first
,
Ib.
p.
45.
As
it
is
a
Council
,
to
advise
;
2dly
,
As
it
is
a
Court
,
to
judge
;
3dly
,
As
it
is
the
Body
Representative
of
the
whole
Kingdom
,
to
make
,
repeal
,
or
alter
Laws
.
L'Assemblie
de
Troys
Estates
,
Cestascavoir
,
Finch's
Nemotecnia
,
lib.
2.
c.
1.
fo.
21.
Roy
,
Nobility
,
&
Commons
,
qui
font
le
Corps
del
Realm
,
est
appel
un
Parliament
,
&
lour
Decree
,
un
Act
de
Parliament
;
Car
sans
touts
troys
(
come
si
soit
fait
per
Roy
&
Seigneurs
,
mes
rien
parle
del
Commons
)
nest
Ascun
Act
de
Parliament
:
i.
e.
The
Assembly
of
the
three
Estates
,
to
wit
,
the
King
,
the
Nobility
,
and
the
Commons
,
which
make
the
Body
of
the
Realm
,
is
called
a
Parliament
,
and
their
Decree
an
Act
of
Parliament
;
for
without
all
three
(
as
if
it
be
done
by
the
King
and
Lords
,
but
speaks
nothing
of
the
Commons
)
there
is
not
any
Act
of
Parliament
.
On
the
Restoration
of
King
Charles
the
2d
,
the
Commons
resolved
,
May
1.
1660.
Journal
Dom.
Co.
That
this
House
doth
agree
with
the
Lords
,
and
do
own
and
declare
,
that
,
according
to
the
antient
and
fundamental
Laws
of
this
Kingdom
,
the
Government
thereof
is
,
and
ought
to
be
,
By
King
,
Lords
and
Commons
.
The
Word
Parliament
is
used
in
a
double
Sense
.
1.
English
Liberties
,
p.
78.
Strictly
,
as
it
includes
the
Legislative
Power
of
England
,
as
when
we
say
—
an
Act
of
Parliament
;
add
in
this
Acceptation
it
necessarily
includes
the
King
,
the
Lords
,
and
the
Commons
,
each
of
which
have
a
Negative
Voice
in
making
Laws
,
and
without
their
Joint
Consent
no
new
Laws
can
pass
,
that
be
obligatory
to
the
Subject
.
2.
Vulgarly
,
the
Word
is
used
for
the
Two
Houses
,
the
Lords
and
Commons
;
as
when
we
say
,
The
King
will
call
a
Parliament
;
His
Majesty
has
dissolved
his
Parliament
,
&c.
This
Court
is
the
highest
Court
in
England
,
Crompton's
Juris
.
p.
1.
in
which
the
Prince
himself
sits
in
Person
,
and
(
usually
)
comes
there
at
the
Beginning
of
the
Parliament
,
and
at
the
End
,
and
at
any
other
Time
when
he
pleaseth
,
4
Inst.
3.
during
the
Parliament
.
The
King
is
the
Caput
Principium
,
and
Finis
of
Parliaments
.
It
appears
by
Precedents
,
That
whenever
a
Parliament
was
sitting
in
the
King's
Absence
,
Rushw
.
Coll.
Vol.
3.
Part
1.
p.
772.
there
was
always
a
Custos
Regni
,
or
a
Locum
Tenens
Regis
,
appointed
.
This
Court
consists
of
the
King's
Majesty
,
4
Inst.
1.
sitting
there
as
in
his
Royal
Politic
Capacity
,
and
of
the
three
Estates
of
the
Realm
,
viz.
the
Lords
Spiritual
,
Arch-Bishops
,
and
Bishops
(
who
sit
there
by
Succession
in
respect
of
their
Counties
,
Vide
Dyfol
.
60.
or
Baronies
,
parcel
of
their
Bishopricks
)
The
Lords
Temporal
,
Dukes
,
Marquesses
,
Earls
,
Viscounts
,
and
Barons
,
who
sit
there
by
reason
of
their
Dignities
,
which
they
hold
by
Descent
,
or
Creation
(
every
one
of
which
,
both
Spiritual
and
Temporal
,
ought
to
have
a
Writ
of
Summons
,
ex
debito
Justitiae
)
And
the
Commons
of
the
Realm
,
whereof
there
be
Knights
of
Shires
,
or
Counties
,
Citizens
of
Cities
,
and
Burgesses
of
Boroughs
;
all
which
are
respectively
elected
by
the
Shires
or
Counties
,
Cities
and
Boroughs
,
by
Force
of
the
King
's
Writ
,
ex
Debito
Justitiae
,
and
none
of
them
ought
to
be
omitted
:
And
these
represent
all
the
Commons
of
the
whole
Realm
,
and
are
trusted
for
them
.
The
King
,
and
these
three
Estates
,
Ib.
2.
are
the
great
Corporation
or
Body
Politic
of
the
Kingdom
,
and
do
sit
in
two
Houses
:
King
and
Lords
in
one
House
,
called
,
The
Lords
House
;
the
Knights
,
Citizens
and
Burgesses
in
another
House
,
called
,
The
House
of
Commons
.
That
which
is
done
by
this
Consent
,
Arc.
Parl.
2.
is
called
firm
,
stable
,
and
sanctum
;
and
is
taken
for
Law
.
All
the
Judges
of
the
Realm
,
Towns
.
Coll.
5.6
.
Vid.
Cromp
ton
,
1.
Barons
of
the
Exchequer
of
the
Coif
,
the
King
's
Learned
Council
,
and
the
Civilians
Masters
of
the
Chancery
,
are
called
to
give
their
Assistance
and
Attendance
in
the
Upper
House
of
Parliament
;
but
they
have
no
Voices
in
Parliament
,
4
Inst.
4.
but
are
made
sometimes
joynt
Committees
with
the
Lords
.
Every
Englishman
is
intended
to
be
there
present
(
either
in
Person
,
Arc.
Parl.
3.
Smyth's
Common-wealth
,
74
or
by
Procuration
,
and
Attorney
)
of
what
Preeminence
,
State
,
Dignity
,
or
Quality
soever
he
be
;
from
the
Prince
(
be
it
King
or
Queen
)
to
the
lowest
Person
in
England
.
And
the
Consent
of
the
Parliament
is
taken
to
be
every
Man's
Consent
.
In
antient
Time
,
the
Lords
and
Commons
of
Parliament
did
sit
together
,
2
Bulstro
.
173.
See
Cotton's
Records
,
12.13.348
.
Post
.
60.
in
one
and
the
same
Room
;
but
afterwards
they
were
divided
,
to
sit
in
several
Rooms
,
and
this
was
at
the
Request
of
the
Commons
;
but
yet
still
they
remain
but
one
Court
:
And
of
all
this
I
have
seen
the
Records
,
one
in
the
Time
of
H.
1.
where
all
of
them
did
sit
together
,
and
mention
is
there
made
of
the
Degrees
of
their
Seats
;
so
in
the
Time
of
E.
3.39
.
No
Man
ought
to
sit
in
the
High
Court
of
Parliament
,
4
Inst.
45.
but
he
that
hath
Right
to
sit
there
:
For
it
is
not
only
a
personal
Offence
in
him
that
sitteth
there
without
Authority
,
but
a
publick
Offence
to
the
Court
of
Parliament
,
and
consequently
to
the
whole
Realm
.
It
is
to
be
observed
,
4
Inst.
2.
That
when
there
is
best
Appearance
,
there
is
the
best
Success
in
Parliament
.
At
a
Parliament
7
Hen.
5.
of
the
Lords
Spiritual
and
Temporal
,
there
appeared
but
Thirty
,
and
there
was
but
one
Act
pass'd
,
of
no
great
Weight
.
In
50
Ed.
3.
all
the
Lords
appeared
in
Person
,
and
not
one
by
Proxy
;
and
so
many
excellent
Things
were
done
,
that
it
was
called
Bonum
Parliamentum
.
At
the
Return
of
the
Writs
,
Ib.
6.
the
Parliament
cannot
begin
,
but
by
the
Royal
Presence
of
the
King
,
either
in
Person
or
Representation
.
The
King's
Person
may
be
represented
by
Commission
under
the
Great
Seal
to
certain
Lords
in
Parliament
,
authorizing
them
to
begin
the
Parliament
,
or
to
prorogue
it
,
&c.
When
a
Parliament
is
call'd
,
Ib.
28.
and
doth
sit
,
and
is
dissolved
,
without
any
Act
of
Parliament
passed
,
or
Judgment
given
,
it
is
no
Session
of
Parliament
,
but
a
Convention
.
It
is
an
Observation
proved
by
a
great
Number
of
Precedents
,
Ib.
32.
that
never
any
good
Bill
was
preferred
,
or
good
Motion
made
in
Parliament
(
whereof
any
Memorial
was
made
in
the
Journal-Book
,
or
otherwise
:
)
Tho
sometimes
it
succeeded
not
at
the
first
,
yet
it
hath
never
dy'd
,
but
at
one
Time
or
other
hath
taken
effect
.
Matters
of
Parliament
are
not
to
be
ruled
by
the
Common-Law
.
Ib.
17.
If
Offences
done
in
Parliament
might
have
been
punish'd
elsewhere
,
Ibid.
Vide
1
Inst.
Sect.
108.
it
shall
be
intended
,
that
at
some
Time
it
would
have
been
put
in
Ure
.
It
doth
not
belong
to
the
Judges
,
Ib
50.
to
judge
of
any
Law
,
Custom
,
or
Priviledge
of
Parliament
.
The
Judges
in
Parliament
are
the
King
or
Queen
,
Sir
Tho.
Smith's
Common-wealth
,
74
the
Lords
Temporal
and
Spiritual
,
the
Commons
represented
by
the
Knights
and
Burgesses
of
every
Shire
,
Borough-Town
.
These
all
,
or
the
greater
Part
of
them
,
and
that
with
the
Consent
of
the
Prince
for
the
Time
being
,
must
agree
to
the
making
of
Laws
.
It
is
the
just
and
constant
Course
of
Parliament
,
Seld.
Judic.
95.
to
bring
the
Party
accused
to
his
Answer
:
Yea
,
tho
he
fly
Justice
,
yet
to
send
out
Proclamation
into
the
Countries
,
that
he
appear
at
a
Day
,
or
else
such
and
such
Judgments
shall
be
given
against
him
.
What
is
done
by
either
House
,
Sir
R.
Atkyns
Argument
,
&c.
14.
according
to
the
Law
and
Usage
of
Parliament
,
is
properly
,
and
in
the
Judgment
of
the
Law
,
the
Act
of
the
whole
Parliament
:
And
what
concerns
the
one
,
must
of
Necessity
concern
the
whole
;
not
meerly
by
Consequence
,
but
by
an
immediate
Concernment
,
as
being
one
and
entire
.
The
three
Estates
of
Parliament
are
one
entire
Body
,
and
Corporation
:
Ib.
34
,
41
,
51
,
55.
Vide
Rast.
St.
2.
&
3.
E.
6.
c.
36.
Pref.
All
their
Powers
and
Priviledges
in
the
Right
of
them
,
and
in
the
Title
to
them
,
are
entire
,
per
my
&
per
tout
,
and
belonging
to
the
whole
Body
of
the
Parliament
;
tho
in
the
Exercise
of
those
Powers
,
and
sometime
in
the
Claim
of
them
,
they
are
distinguish'd
;
and
in
the
Practise
of
their
Powers
,
they
are
in
many
Things
distributed
into
Parts
.
All
the
Estates
in
Parliament
are
call'd
by
one
common
Name
,
Ibid.
as
Commune
Concilium
Regni
,
Magna
Curia
,
they
are
one
Body
Politic.
It
is
said
by
Fineux
Chief
Justice
,
That
the
Parliament
at
the
Common-Law
consists
of
the
King
,
Lords
and
Commons
,
and
they
are
but
one
Body
corporate
.
The
Liberties
and
Franchises
of
the
Parliament
,
in
the
Right
of
them
,
Ib.
55.
are
entire
,
and
due
to
both
Houses
,
for
both
make
up
the
Parliament
.
Knighton
(
one
of
our
best
Historians
)
doth
notably
disclose
the
antient
Ends
of
calling
Parliaments
,
Knyghton
de
Eventibus
Augliae
,
l.
5.
f.
2681.
col.
1.2
.
Pettyt's
Rights
,
&c.
in
Pref.
p.
43.
44.
Hollings
.
f.
1055.
col.
1.
in
saying
,
Quod
ex
Antiquo
Statuto
,
&
Consuetudine
landabili
&
approbata
,
&c.
That
by
an
antient
Statute
,
and
Custom
laudable
and
approved
,
which
no
Man
could
deny
,
the
King
was
once
in
the
Year
,
to
convene
his
Lords
and
Commons
to
his
Court
of
Parliament
,
as
to
the
highest
Court
in
the
whole
Realm
[
In
qua
omnis
Aequitas
relucere
deberet
absque
qualibet
Scrupulositate
vel
nota
,
tanquam
Sol
in
Ascensu
Meridiei
;
ubi
Pauperes
&
Divites
pro
Refrigerio
Tranquilitatis
&
Pacis
,
&
Repulsione
Injuriarum
,
Refugium
Infallibile
quaerere
possent
,
ac
etiam
Errata
Regni
reformare
,
&
de
Statu
&
Gubernatione
Regis
&
Regni
cum
Sapientiori
Concilio
tractare
;
ut
Inimici
Regis
&
Regni
Intrinseci
;
&
Hostes
Extrinseci
destruantur
&
repellantur
,
qualiterquoque
Onera
incumbentia
Regi
&
Regno
levius
ad
Ediam
Communitatis
Supportari
potuerunt
.
]
i.
e.
In
which
Court
all
Equity
ought
to
shine
forth
without
the
least
Cloud
or
Shadow
,
like
the
Sun
in
its
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
redressed
,
and
the
State
of
the
King
and
Government
of
the
Realm
debated
with
wiser
Councels
;
the
Domestick
and
Foreign
Enemies
of
the
King
and
Kingdom
destroy'd
and
repelled
,
and
to
consider
how
the
Charges
and
Burthens
of
both
may
be
sustained
with
more
Ease
to
the
People
.
Minshieu
,
But
these
six
Degrees
were
never
allowed
to
be
six
Estates
of
Parliament
.
in
his
Etymological
Dictionary
tit
.
Parliament
,
says
,
In
a
Monument
of
Antiquity
,
meaning
the
antient
Modus
Tenendi
Parliament
,
shewing
the
Manner
of
holding
the
Parliament
in
the
Time
of
K.
Edward
,
the
Son
of
K.
Etheldred
,
which
(
as
the
Note
saith
)
was
delivered
by
the
discreeter
Sort
of
the
Realm
,
to
William
the
Conqueror
,
and
allowed
by
him
,
t
is
said
,
That
the
Parliament
consisted
of
six
Ranks
or
Degrees
;
it
begins
thus
,
Rex
est
Caput
,
Principium
,
et
Finis
Parliamenti
,
&
ita
non
habet
Parem
in
suo
Gradu
:
Et
sic
a
Rege
solo
primus
Gradus
est
.
Secundus
Gradus
est
ex
Archiepiscopis
,
Episcopis
,
Abbatibus
,
Prioribus
,
per
Baroniam
.
Tertius
Gradus
est
de
Procuratoribus
Cleri
.
Quartus
Gradus
est
de
Comitibus
,
Baronibus
,
et
aliis
Magnatibus
.
Quintus
Gradus
est
de
Militibus
Comitatuum
.
Sextus
Gradus
est
de
Civibus
et
Burgensibus
:
Et
ita
est
Parliamentum
ex
sex
Gradibus
.
En
Antient
temps
tout
le
Parliament
sea
Insimul
,
Rolls
1.
Report
fol.
18.
ante
54.
et
le
Separation
fuit
perle
desire
del
Commons
,
Mes
nient
obstant
ils
font
forsque
un
Mese
;
jen
aie
view
un
Record
,
30
H.
1.
de
lour
degrees
et
seats
,
39
E.
3.
per
Choke
ch.
Inst.
It
is
generally
believed
,
Reform'd
vol.
2.
p.
49.
That
the
whole
Parliament
sate
together
in
one
House
,
before
E.
3.
Time
,
and
then
the
inferior
Clergy
were
a
Part
of
that
Body
without
Question
.
But
when
the
Lords
and
Commons
were
divided
,
the
Clergy
likewise
sate
in
two
Houses
,
and
granted
Subsidies
as
well
as
the
Temporalities
.
My
Lord
Chief
Justice
Coke
says
,
1
Inst.
Sect.
164.
fol.
109.
The
Parliament
is
the
highest
and
most
honourable
,
and
absolute
Court
of
Justice
of
England
,
consisting
of
the
King
,
the
Lords
of
Parliament
,
and
the
Commons
And
again
,
the
Lords
are
here
divided
into
two
Sorts
,
viz.
Spiritual
and
Temporal
.
And
the
Commons
are
divided
into
three
Parts
,
viz.
Into
Knights
of
Shires
or
Counties
,
Citizens
out
of
Cities
,
and
Burgesses
out
of
Boroughs
.
In
the
High
Court
of
Parliament
,
all
the
whole
Body
of
the
Realm
,
and
every
particular
Member
thereof
,
either
in
Person
,
or
by
Representation
(
upon
their
own
Free
Elections
)
are
by
the
Laws
of
this
Realm
deemed
to
be
personally
present
,
1
Jac.
1.
c.
1.
Sir
Edward
Cook
,
in
his
Epistle
to
the
9th
Report
,
says
,
There
is
a
threefold
End
of
this
great
and
honourable
Assembly
of
Estates
:
First
,
That
the
Subject
might
be
kept
from
offending
,
that
is
,
That
Offences
might
be
prevented
both
by
good
and
provident
Laws
,
and
by
the
due
Execution
thereof
:
Secondly
,
That
Men
might
live
safely
in
Quiet
:
And
thirdly
,
That
all
Men
might
receive
Justice
by
certain
Laws
and
Holy
Judgments
,
that
is
,
to
the
End
that
Justice
might
be
the
better
administred
,
that
Questions
and
Defects
in
Laws
might
be
by
this
High
Court
of
Parliament
planed
and
reduced
to
a
Certainty
,
and
that
Claims
of
Right
might
be
adjudged
and
determined
.
This
Court
being
the
most
supream
Court
of
this
Realm
,
is
a
Part
of
the
Frame
of
the
Common
Laws
,
and
in
some
Cases
doth
proceed
legally
,
according
to
the
ordinary
Course
of
the
Common
Law
.
The
House
of
Lords
cannot
exercise
any
Power
,
as
an
House
of
Parliament
,
Sir
R.
Atkin's
Argument
,
f
51.
or
as
a
Court
for
Error
,
without
the
House
of
Commons
be
in
Being
at
the
same
Time
.
Both
Houses
must
be
prorogued
together
,
and
dissolved
together
.
By
the
Law
,
Ib.
59.
Parliaments
ought
to
be
very
frequent
.
Before
the
Conquest
(
as
it
is
untruly
call'd
)
by
the
Law
,
Parliaments
were
to
be
held
twice
a
Year
,
as
appears
by
King
Edgar's
Laws
.
So
it
was
ordained
by
King
Alfred
.
By
the
Stat.
of
4
Ed.
3.
c.
14.
Parliaments
ought
to
be
once
a
Year
,
and
oftner
,
if
need
be
.
And
in
36
Ed.
3.
c.
10.
to
be
once
a
Year
,
without
Restriction
,
if
need
be
.
By
16
Car.
2.
c.
1.
these
Acts
are
declared
to
be
in
Force
:
And
further
,
it
is
declared
and
enacted
,
That
the
holding
of
Parliaments
shall
not
be
discontinued
above
three
Years
at
the
most
.
The
Parliament
is
a
Court
of
very
great
Honour
and
Justice
,
Plow
.
Com.
398.
11
Col.
14
The
Parliament
can
do
no
Wrong
.
6
Col.
27.
Sir
R.
Atkyne
Arg.
60.
of
which
no
Man
ought
to
imagine
a
Thing
dishonourable
.
An
Offence
committed
in
Parliament
,
is
a
very
very
high
Offence
;
but
the
higher
it
is
,
the
more
proper
it
is
for
their
Judicature
;
and
that
Court
is
arm'd
with
a
Power
to
punish
the
highest
Offences
,
and
the
highest
Offenders
.
Yet
a
Parliament
may
err
,
Plow
.
Com.
397.
9
Col.
106.
Ibid.
for
they
are
not
infallible
;
but
the
Law
hath
provided
a
Remedy
against
those
Errors
,
and
a
way
to
reform
them
.
A
subsequent
Parliament
may
reform
the
Errors
of
a
preceeding
Parliament
.
But
to
say
that
they
will
be
partial
,
Ibid.
or
unjust
,
or
corrupt
,
or
do
any
Thing
out
of
Malice
,
is
to
raise
a
Scandal
upon
the
whole
Nation
,
Ibid
whose
Representative
they
are
.
If
any
Offence
whatever
be
committed
in
the
Parliament
by
any
particular
Member
;
See
Husband
's
,
Collections
,
ante
p.
1.
&
p.
67.
it
is
an
high
Infringment
of
the
Right
and
Privilege
of
Parliament
,
for
any
Person
,
or
Court
,
to
take
the
least
Notice
of
it
,
till
the
House
it self
either
has
punish'd
the
Offender
,
or
referred
them
to
a
due
,
or
proper
Course
of
Punishment
.
To
do
otherwise
,
would
be
to
make
the
Highest
Court
an
Offender
,
and
to
charge
them
with
Injustice
.
Their
Right
and
Priviledge
so
far
extends
,
Ib.
61.
that
not
only
what
is
done
in
the
very
House
,
sitting
the
Parliament
;
but
whatever
is
done
relating
to
them
,
or
in
pursuance
of
their
Order
,
during
the
Parliament
,
is
no
where
else
to
be
punish'd
,
but
by
Themselves
,
or
a
succeeding
Parliament
,
tho
done
out
of
the
House
.
Either
House
doth
ever
for
the
most
part
shew
it self
so
careful
to
keep
firm
Correspondence
with
the
other
,
Sir
Simon
d'Ewes
Journal
,
186.
as
that
when
a
Bill
hath
pass'd
either
of
the
said
Houses
,
and
is
sent
to
the
other
,
it
doth
for
the
most
part
pass
,
and
is
neither
dash'd
,
nor
alter'd
,
without
very
great
Cause
upon
mature
deliberation
,
and
usually
also
not
without
Conference
desir'd
,
and
had
thereupon
;
that
so
full
Satisfaction
may
be
given
to
that
House
,
from
which
the
Bill
so
rejected
,
or
alter'd
,
was
sent
.
Pessima
Gens
humani
Generis
always
abhorr'd
a
Parliament
:
Preface
to
Petyt's
Miscel.
Parlementar
.
And
the
Reason
thereof
is
demonstrative
;
because
they
all
knew
they
shou'd
then
be
call'd
to
an
impartial
and
strict
Account
,
and
be
punish'd
according
to
their
Demerits
.
It
was
said
by
the
Lord
Bacon
to
Sir
Lionel
Cranfeild
,
Ibid.
newly
made
Lord
Treasurer
,
That
he
would
recommend
to
his
Lordship
,
and
in
him
to
all
other
great
Officers
of
the
Crown
,
one
considerable
Rule
to
be
carefully
observ'd
,
which
was
,
Remember
,
a
Parliament
will
come
.
The
King
at
no
Time
stands
so
highly
in
his
Estate
Royal
,
Petyt
's
Miscel
.
Parliament
.
6.
Vide
Cromp.
Jur.
10.
as
in
the
Time
of
Parliament
;
wherein
the
King
as
Head
,
and
they
as
Members
,
are
conjoyn'd
and
knit
together
in
one
Body
Politic
:
So
as
whatsoever
Injury
(
during
that
Time
)
is
offer'd
to
the
meanest
Member
of
the
House
,
is
to
be
judged
as
done
against
the
King's
Person
,
and
the
whole
Court
of
Parliament
.
The
Prerogative
of
Parliament
is
so
great
,
Ibid.
That
all
Acts
and
Processes
coming
out
of
any
inferior
Courts
,
must
cease
,
and
give
place
to
that
,
the
highest
.
Statutes
in
England
are
made
not
only
by
the
Princes
Pleasure
,
Fortescue
42.
but
also
by
Assent
of
the
whole
Realm
:
So
that
of
Necessity
they
must
procure
the
Wealth
of
the
People
,
and
in
no
wise
tend
to
their
hindrance
.
It
cannot
otherwise
be
thought
,
Ibid.
but
that
they
are
replenish'd
with
much
Wit
and
Wisdom
,
seeing
they
are
ordain'd
,
not
by
the
Device
of
one
Man
alone
,
or
of
a
hundred
wise
Counsellors
only
,
but
of
more
than
three
hundred
learned
Men
(
now
558
)
that
ought
to
be
freely
Elected
by
the
People
.
Acts
of
Parliament
are
made
with
such
Gravity
,
Wisdom
,
11.
Co.
63.
Fortesc
.
c.
18.
c.
40.
and
Universal
consent
of
all
the
Realm
,
and
for
advantage
of
the
publick
Wealth
;
that
they
are
not
from
the
General
and
ambiguous
Words
of
a
Subsequent
Act
to
be
abrogated
.
Acts
of
Parliament
have
been
tender
of
racking
the
King's
Subjects
for
Words
,
1.
Mod.
Rep.
234
and
the
Scripture
Discountenances
Mens
being
made
Transgressors
for
a
Word
.
Every
Proviso
in
an
Act
,
1.
Siderf.
155.
is
not
a
determination
what
the
Law
was
before
;
for
they
are
often
added
for
the
Satisfaction
of
those
that
are
ignorant
of
the
Law
.
The
King
of
England
can
neither
by
himself
or
his
Ministers
,
Fortescu
.
p.
84.
impose
(
any
)
Tallages
or
other
Burdens
on
his
Subjects
,
or
alter
their
Laws
,
or
make
new
Laws
,
without
Assent
of
the
whole
Kingdom
in
Parliament
.
CHAP.
III.
Of
the
Power
and
Authority
of
Parliaments
.
THE
Parliamentary
Power
,
Hollinsh
.
Vol.
1.
p.
173.
as
it
is
in
the
Legislative
Capacity
,
consisting
of
the
Agreement
and
Act
of
all
the
three
Estates
,
King
,
Lords
and
Commons
,
to
make
it
Binding
;
it
imports
no
less
than
the
united
Consent
of
all
and
every
Person
of
the
Kingdom
;
and
under
this
Notion
its
Power
is
Unlimited
and
Universal
;
its
Authority
is
the
most
unerring
and
firm
support
of
Monarchy
and
Government
,
and
has
been
ever
used
as
the
only
Expedient
,
to
accommodate
the
differences
of
Pretenders
and
Competitors
,
to
arbitrate
and
decree
,
not
only
the
Right
and
Possession
,
but
even
the
Inheritance
and
Reversion
of
the
Regal
Power
,
to
succour
and
defend
the
King
and
Kingdom
,
against
all
possibility
of
Injury
or
Incroachment
that
might
be
Intended
against
or
Usurped
upon
it
,
or
its
Authority
;
to
decree
the
Nations
Liberties
,
ascertain
Property
,
and
to
establish
an
unquestionable
Peace
,
and
Security
to
all
the
People
,
both
from
the
danger
of
Grievances
at
Home
,
or
the
Assaults
of
foreign
Power
.
In
this
capacity
it
hath
Power
above
the
Law
itself
,
Hollinshead
c.
1.
vol.
1.
p.
173.
having
Power
to
alter
the
common
Law
of
England
,
to
declare
the
meaning
of
any
doubtful
Laws
,
to
repeal
old
Patents
,
Grants
or
Charters
,
and
Judgments
whatsoever
of
the
King
,
or
any
other
Court
of
Justice
if
erroneous
or
illegal
,
and
extends
so
far
as
finally
to
oblige
both
King
and
People
,
to
punish
Offenders
of
all
Sorts
,
to
examine
into
the
corruptions
of
Religion
,
and
either
to
disanul
or
reform
it
.
Anno
1626.
2.
Rushw
.
Coll.
vol.
1.
p.
245.
Car.
the
Commons
in
their
Remonstrances
declare
,
that
it
hath
been
the
antient
,
constant
,
and
undoubted
Right
and
Usage
of
Parliaments
,
to
question
and
complain
of
all
Persons
of
what
degree
soever
,
found
grievous
to
the
Common-Wealth
,
in
abusing
the
Power
and
Trust
committed
to
them
by
the
Sovereigns
,
a
Course
approved
of
by
frequent
Presidents
in
the
best
and
most
glorious
Reigns
,
appearing
both
in
Records
and
Histories
,
&c.
In
30.
E.
3.
7.
H.
4.
Rot.
Parl.
Nᵒ
31
&
32.
the
Parliament
accused
John
de
Gaunt
,
the
King's
Son
,
and
Lord
Latimer
,
and
Lord
Nevil
,
for
misadvising
the
King
;
and
they
went
to
the
Tower
for
it
.
In
11.
Rushw
.
Ib.
p.
627.
H.
4.
Nᵒ
13.
the
Council
are
complained
of
,
and
are
removed
from
the
King
;
for
that
they
mewed-up
the
King
,
and
disuaded
him
from
the
common
Good
.
In
4.
H.
3.
&
27.
E.
3.
&
13.
R.
2.
the
Parliament
moderateth
the
King's
Prerogative
,
and
nothing
grows
to
an
Abuse
,
says
Sir
Edward
Coke
,
but
the
Parliament
hath
Power
to
treat
of
and
Correct
it
.
And
King
James
the
1st
.
Idem
.
p.
62●
.
put
the
Commons
assembled
in
Parliament
,
in
mind
,
that
it
would
be
the
greatest
unsaithfulness
,
and
breach
of
Duty
to
his
Majesty
,
and
of
the
Trust
committed
to
them
by
the
Country
that
could
be
,
if
in
setting
forth
the
Grievances
of
the
People
,
and
the
Condition
of
all
the
Petitions
of
this
Kingdom
from
whence
they
come
;
they
did
not
deal
clearly
with
him
,
without
sparing
any
Persons
how
near
,
and
dear
soever
they
were
unto
him
;
if
they
were
hurtful
,
or
dangerous
to
the
Common-Wealth
.
The
most
High
and
Absolute
Power
of
the
Realm
of
England
,
Sir
Tho.
Smith's
Common-wealth
,
l.
2.
c.
2.
p.
72.
Arcana
Parl.
1.
consisteth
in
the
Parliament
.
For
as
in
War
,
where
the
King
himself
in
Person
,
the
Nobility
,
the
rest
of
the
Gentility
,
and
the
Yeomanry
are
,
is
the
Force
and
Power
of
England
:
So
in
Peace
and
Consultation
,
where
the
Prince
is
to
give
Life
,
and
the
last
and
highest
Commandment
,
the
Barony
or
Nobility
for
the
higher
;
the
Knights
,
Esquires
,
Gentlemen
and
Commons
for
the
lower
part
of
the
Common-wealth
;
the
Bishops
for
the
Clergy
be
present
to
advertise
,
consult
and
shew
what
is
good
and
necessary
for
the
Common-wealth
,
and
to
consult
together
;
and
upon
mature
deliberation
;
every
Bill
or
Law
being
thrice
read
and
disputed
in
either
House
,
the
other
two
parts
,
first
each
a
part
,
Ibid
p.
73.
and
after
the
Prince
himself
in
presence
of
both
the
Parties
doth
consent
unto
,
and
alloweth
,
that
it
is
,
the
Prince's
and
whole
Realm's
Deed
;
whereupon
justly
no
Man
can
complain
,
but
must
accommodate
himself
to
find
it
good
,
and
obey
it
.
Thus
,
the
concurrent
Consent
of
these
three
Estates
when
reduced
to
writing
,
Inst.
Leg.
p.
34.
and
pass'd
in
Parliament
,
is
as
it
were
a
Tripartite
Indenture
,
between
King
,
Lords
and
Commons
;
and
that
which
is
so
done
by
this
Consent
is
called
firm
,
stable
and
sanctum
,
and
is
taken
for
Law
.
As
to
the
Power
of
Parliaments
.
Sir
Tho.
Smith
.
ibid.
Arc.
Parl.
2.
Vide
Crompt
.
Jur.
3.
-
1.
It
abrogateth
old
Laws
.
-
2.
Maketh
new
Laws
.
-
3.
Giveth
order
for
things
past
.
-
4.
Directs
things
hereafter
to
be
followed
.
-
5.
Changeth
Right
and
Possessions
of
private
Men.
-
6.
Legitimateth
Bastards
.
-
7.
Establisheth
Forms
of
Religion
.
-
8.
Altereth
Weights
and
Measures
.
-
9.
Giveth
Form
of
Succession
to
the
Crown
.
-
10.
Defineth
of
doubtful
Rights
whereof
is
no
Law
already
made
.
-
11.
Appointeth
Subsidies
,
Tallies
,
Taxes
and
Impositions
.
-
12.
Giveth
most
free
Pardons
and
Absolutions
.
-
13.
Restoreth
in
Blood
and
Name
.
-
14.
And
as
the
highest
Court
condemneth
or
absolveth
them
who
are
put
upon
their
Trial.
In
short
,
Ibid.
all
that
ever
the
People
of
Rome
might
do
,
either
Centuriatis
,
Comitiis
or
Tributis
,
the
same
may
be
done
by
the
Parliament
of
England
;
which
representeth
,
and
hath
the
Power
of
the
whole
Realm
,
both
the
Head
and
Body
:
For
every
Englishman
is
intended
to
be
there
present
,
either
in
Person
,
or
by
Procuration
,
and
Attorny
,
of
what
preheminence
,
state
,
dignity
or
quality
soever
he
be
,
from
the
Prince
(
be
he
King
or
Queen
)
to
the
lowest
Person
of
England
.
And
the
Consent
of
the
Parliament
is
taken
to
be
every
Man's
consent
.
As
to
its
Power
over
both
the
Statute
and
Common
Law
of
this
Realm
,
Rastal's
Statutes
,
fol.
546.
25
H.
8.
c.
21.
you
will
be
best
informed
of
it
from
the
memorable
words
of
an
Act
of
Parliament
itself
,
viz.
Whereas
this
Realm
recognizing
no
Superiour
under
God
but
only
the
King
,
hath
been
,
and
is
free
from
Subjection
to
any
Man's
Laws
,
but
to
such
as
have
been
devised
,
made
,
and
ordained
within
this
Realm
,
for
the
Wealth
of
the
same
;
or
to
such
other
as
by
Sufferance
of
the
King
and
his
Progenitors
,
the
People
of
this
Realm
have
taken
at
their
free
Liberty
by
their
own
Consent
to
be
used
amongst
them
,
and
have
bound
themselves
by
long
Use
and
Custom
to
the
Observance
of
the
same
;
not
as
to
the
Observance
of
the
Laws
of
any
Foreign
Prince
,
Potentate
or
Prelate
,
but
as
to
the
Custom
and
antient
Laws
of
this
Realm
,
originally
established
as
Laws
of
the
same
,
by
the
said
Sufferance
,
Consents
and
Custom
,
and
none
otherwise
.
It
standeth
therefore
with
Natural
Equity
and
Good
Reason
that
all
and
every
such
Laws
Humane
,
made
within
this
Realm
by
the
said
Sufferance
,
Consents
and
Custom
,
that
the
King
and
the
Lords
Spiritual
and
Temporal
and
the
Commons
representing
the
whole
State
of
this
Realm
in
the
most
High
Court
of
Parliament
,
have
full
Power
and
Authority
,
not
only
to
dispence
,
but
also
to
authorize
some
Elect
Person
or
Persons
,
to
dispence
with
those
and
all
other
Human
Laws
of
this
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
it
shall
be
seem
to
the
King
,
and
the
Nobles
and
Commons
of
this
Realm
,
present
in
Parliament
,
meet
and
convenient
for
the
Wealth
of
this
Realm
.
The
Power
and
Jurisdiction
of
the
Parliament
for
making
of
Laws
in
proceeding
by
Bill
,
4
Inst.
36.
is
so
transcendent
,
and
absolute
,
as
it
cannot
be
confined
,
either
for
Causes
or
Persons
within
any
Bounds
.
Si
Antiquitatem
spectes
,
est
vetustissima
:
si
Dignitatem
,
est
honoratissima
:
si
Jurisdictionem
,
est
capacissima
.
The
whole
Parliament
(
which
should
best
know
its
own
Power
)
affirms
,
Speed's
Hist.
f.
914
Rot.
Parl.
1
R.
3.
In
Cotton's
Abridgment
f.
713
,
714
that
the
Court
of
Parliament
is
of
such
Authority
,
and
the
People
of
this
Land
of
such
a
Nature
and
Disposition
,
as
Experience
teacheth
,
that
the
Manifestation
and
Declaration
of
any
Truth
or
Right
made
by
the
Three
Estates
of
this
Realm
assembled
in
Parliament
,
and
by
Authority
of
the
same
,
maketh
,
before
all
other
things
most
Faith
,
and
certain
quieting
of
Mens
Minds
,
and
removeth
the
Occasion
of
Doubts
.
Parliamentum
omnia
Potest
,
says
the
4
Inst.
74.76
.
The
Parliament
is
of
an
absolute
and
unlimited
Power
in
things
Temporal
,
Sir
Rob.
Atkyns's
Argument
&c.
50.
Ibid.
within
this
Nation
.
The
Parliament
hath
the
highest
and
most
sacred
Authority
of
any
Court
:
it
hath
an
absolute
Power
:
It
is
the
highest
Court
in
the
Realm
,
as
is
acknowledged
by
our
most
learned
and
gravest
Writers
and
Historians
.
A
Man
gives
Land
to
one
,
and
to
his
Heirs
Males
;
Crompton
20.
b.
Dr.
and
Student
.
in
that
Case
his
Heirs
Females
shall
also
inherit
;
and
this
was
adjudged
in
Parliament
.
One
of
the
fundamental
and
principal
Ends
of
Parliaments
was
,
Petit's
Preface
to
Ancient
Rights
,
&c.
p.
41.
for
the
Redress
of
Grievances
,
and
easing
the
Oppressions
of
the
People
.
And
the
Mirror
of
Justices
says
,
6.1
.
p.
4.
and
5.
That
Parliaments
were
instituted
to
hear
and
determine
the
Complaints
of
the
wrongful
Acts
of
the
King
,
the
Queen
,
and
their
Children
;
and
especially
of
those
Persons
against
whom
the
Subjects
otherwise
could
not
have
common
Justice
for
wrongs
so
by
them
done
.
Covient
per
droit
que
le
Roy
ust
Companions
pur
oyer
et
terminer
aux
Parliaments
trestouts
les
breues
et
plaints
de
Torts
de
le
Roy
,
de
la
Roigne
,
Horn's
Mirror
.
p.
9.
et
de
lour
Enfants
,
et
de
Eux
specialment
de
que
Torts
len
ne
poit
aver
autrement
Common
droit
.
(
i.
e.
)
The
King
ought
by
Law
to
have
Companions
or
associates
,
to
hear
and
determine
in
Parliament
of
all
Writs
and
Plaints
of
all
Torts
or
Wrongs
,
as
well
of
the
King
as
of
the
Queen
,
and
their
Children
;
and
especially
of
those
(
Great
Ones
)
where
one
cannot
otherwise
have
Common
right
for
those
wrongs
.
The
greater
the
Persons
are
,
Sir
Rob.
Atkyns
Argument
,
p.
45.
if
they
are
in
the
Rank
of
Subjects
,
they
must
be
subject
to
the
King's
Laws
,
and
they
are
the
more
proper
for
the
Undertaking
,
and
Encounter
of
this
High
Court
.
It
will
not
be
impar
congressus
.
King
John
had
resign'd
up
the
Crown
of
England
to
the
Pope
,
Id.
37.
by
the
Hand
of
Pandulphus
his
Legat
,
Mat.
Paris
and
sordidly
submitted
to
take
the
Crown
at
his
Hand
again
,
Rot.
Parl.
40.
E.
3.
No
7.
8.
at
a
yearly
Tribute
.
In
the
Reign
of
our
Noble
King
Edward
the
Third
,
the
Pope
demanded
this
Rent
,
and
all
the
Arrears
.
But
the
Prelates
,
Dukes
,
Counts
,
Barons
,
and
Commons
resolved
,
that
neither
the
King
,
nor
any
other
,
could
put
the
Realm
,
nor
the
People
thereof
,
into
Subjection
,
sans
l'assent
de
eux
,
without
their
Assent
.
This
intimates
,
Sir
R.
Atkyn's
Arg.
p.
50.
that
with
their
joynt
Consent
the
Crown
may
be
disposed
of
.
And
it
was
the
highest
Resolution
in
Law
,
in
one
of
the
highest
Points
in
Law
,
concerning
the
King's
claim
of
an
Absolute
Power
,
and
in
a
Time
,
when
the
Pope
was
in
his
Meridian
Height
.
It
is
the
proper
Work
of
this
Supreme
Court
to
deal
with
such
Delinquents
,
Ibid.
as
are
too
high
for
the
Court
of
King's-Bench
,
or
other
ordinary
Courts
.
Daughters
,
and
Heirs
apparent
of
a
Man
,
or
Woman
,
4
Inst.
36.
may
by
Act
of
Parliament
inherit
,
during
the
Life
of
the
Ancestor
.
Ante
69.
It
may
adjudge
an
Infant
or
Minor
to
be
of
full
Age.
Ibid.
It
may
Attaint
a
Man
of
Treason
after
his
Death
.
Ibid.
It
may
Naturalize
a
meer
Alien
,
Ibid.
and
make
him
a
Subject
born
.
It
may
bastard
a
Child
,
Ibid.
that
by
Law
is
Legitimate
,
(
viz.
begotten
by
an
Adulterer
,
the
Husband
being
within
the
four
Seas
.
)
It
may
Legitimate
one
that
is
Illegitimate
,
Ibid.
and
born
before
Marriage
,
absolutely
:
It
may
Legitimate
secundum
quid
,
etiamque
simpliciter
.
21
Rich.
2.
The
Lords
Appellants
accused
the
Duke
of
Gloucester
of
Treason
;
Selden's
Judicature
91.
and
tho'
they
knew
he
was
dead
,
they
pray'd
the
King
that
he
might
be
brought
to
his
Answer
.
The
King
sent
his
Writ
,
&c.
they
desired
Judgment
,
and
had
it
.
So
Robert
Possington
was
impeached
at
the
Parliament
at
Westminster
,
Id.
95.
and
found
Guilty
,
long
Time
after
he
was
dead
,
and
so
forfeited
his
Estate
.
John
of
Gaunt
Duke
of
Lancaster
had
by
Catherine
Swinford
,
4
Inst.
36.
Cotten's
Record
p.
363.
before
Marriage
,
four
illegitimate
Children
,
Henry
,
John
,
Thomas
,
and
Joan.
At
the
Parliament
holden
20
Rich.
2.
the
King
by
Act
of
Parliament
,
in
Form
of
a
Charter
,
doth
Legitimate
the
three
Sons
,
and
Joan
the
Daughter
.
Thomas
Cromwel
,
Vide
post
.
4
Inst.
36.
Earl
of
Essex
was
attainted
by
Parliament
,
and
forth-coming
to
be
heard
,
and
yet
never
call'd
to
answer
in
any
of
the
Houses
of
Parliament
;
and
resolved
by
the
Judges
,
that
if
one
be
Attainted
by
Parliament
,
it
can
never
come
in
question
after
,
whether
he
were
call'd
,
or
not
call'd
to
answer
;
for
the
Act
of
Attainder
being
pass'd
by
Parliament
did
bind
.
Where
by
Order
of
Law
a
Man
cannot
be
Attainted
of
High-Treason
,
Id.
39.
unless
the
Offence
be
in
Law
,
High-Treason
;
he
ought
not
to
be
Attainted
by
general
Words
of
High-Treason
by
Authority
of
Parliament
(
as
sometimes
hath
been
used
)
but
the
High-Treason
ought
to
be
especially
exprest
;
seeing
that
the
Court
of
Parliament
is
the
highest
and
most
honourable
Court
of
Justice
,
and
ought
to
give
example
to
inferior
Courts
Acts
against
the
Power
of
the
Parliament
subsequent
bind
not
.
Id.
42.
It
is
against
the
Power
and
Jurisdiction
of
the
Parliament
,
the
Liberty
of
the
Subject
,
and
unreasonable
,
(
i.
e.
Illegal
.
)
The
Stat.
11.
Rich.
2.
c.
5.
Id.
42.
That
no
Person
should
attempt
to
revoke
any
Ordinance
then
made
,
was
repealed
;
for
that
such
Restraint
is
unreasonable
,
&c.
An
Act
11
Rich.
2
,
c.
3.
Ibid.
That
no
Man
,
against
whom
any
Judgment
or
Forfeiture
was
given
,
shou'd
sue
for
Pardon
,
or
Grace
,
&c.
was
holden
to
be
unreasonable
,
without
Example
,
and
against
the
Law
and
Custom
of
Parliament
,
and
therefore
void
.
The
Authority
of
the
High
Court
of
Parliament
to
be
committed
to
a
few
(
as
in
21
Rich.
2.
c.
16.
Ibid.
)
is
holden
to
be
against
the
Dignity
of
a
Parliament
,
and
that
no
such
Commission
ought
to
be
granted
.
Tho'
it
be
apparent
,
what
transcendent
Power
and
Authority
the
Parliament
hath
,
Id.
43
and
tho'
divers
Parliaments
have
attempted
to
bar
,
restrain
,
suspend
,
qualify
,
or
make
void
the
Power
of
subsequent
Parliaments
;
yet
could
they
never
effect
it
:
for
the
latter
Parliament
hath
ever
Power
to
abrogate
,
suspend
,
qualify
,
explain
,
or
make
void
the
former
in
the
Whole
,
or
in
any
Part
thereof
,
notwithstanding
any
Words
of
Restraint
,
Prohibition
,
or
Penalty
in
the
former
.
For
it
is
a
Maxim
in
the
Law
of
Parliament
,
Quod
Leges
posteriores
priores
contrarias
abrogant
.
An
Act
of
Parliament
doth
include
every
Man's
Consent
,
Hobart
256.
as
well
to
come
(
and
unborn
Persons
)
as
those
present
.
The
Sovereign
Power
of
this
High
Court
of
Parliament
is
such
,
Hakewel
86.
that
altho'
the
King's
Majesty
hath
many
great
Priviledges
and
Prerogatives
,
yet
many
Things
are
not
effectual
in
Law
,
to
pass
under
the
great
Seal
by
the
King's
Charter
,
without
the
consent
of
Parliament
,
as
was
resolv'd
by
all
the
Judges
in
the
Princes
case
.
The
King
by
his
Letters
Patents
may
make
a
Denizen
;
Id.
87.
Bro.
Denizen
.
Nᵒ
9.
36.
H.
8.
but
cannot
Naturalize
him
to
all
purposes
,
as
an
Act
of
Parliament
may
do
.
If
a
Man
be
Attainted
of
Felony
,
Hakewel
89.
or
Treason
,
by
Verdict
,
Outlawry
,
Confession
,
&c.
his
Blood
is
corrupted
(
which
is
a
perpetual
and
absolute
Disability
for
him
,
or
his
Posterity
,
to
claim
any
Hereditament
in
Fee-simple
,
either
as
,
Heir
to
him
,
or
any
Ancestor
paramount
him
)
and
he
shall
not
be
restored
to
his
Blood
,
without
Parliament
.
And
yet
the
King
may
give
to
any
attainted
Person
his
Life
,
by
this
Charter
of
Parliament
.
The
King
cannot
alter
the
Common
Law
,
Id.
90.
or
the
general
Customs
of
the
Realm
(
as
Gavelkind
,
Borough-English
,
or
the
like
)
without
consent
of
Parliament
.
Altho'
a
King
have
a
Kingdom
by
Discent
,
Ibid.
yet
seeing
by
the
Law
of
that
Kingdom
he
doth
inherit
that
Kingdom
,
he
cannot
change
those
Laws
of
himself
,
without
Consent
of
Parliament
.
By
the
Laws
of
this
Kingdom
,
Ibid.
the
King
cannot
by
his
Proclamation
alter
the
Law
;
but
the
King
may
make
Proclamtion
,
that
he
shall
incur
the
Indignation
of
his
Majesty
,
that
withstands
it
.
But
the
Penalty
of
not
obeying
his
Proclamation
,
may
not
be
upon
Forfeiture
of
his
Goods
,
his
Lands
,
or
his
Life
,
without
Parliament
.
Le
Parliament
d'Engleterre
ne
lia
Ireland
,
quoad
Terras
suas
,
Brook
123.
91.
Vide
20
H.
6.9
.
Crompton
22.
b.
quar
ils
ont
Parliament
la
:
mes
il
poient
eux
lier
quant
al
Choses
transitory
,
come
eskipper
de
Lane
,
ou
Merchandize
,
al
intent
de
ceo
carrier
al
auter
Lieu
ultra
Mare
.
The
Parliament
of
England
cannot
bind
Ireland
,
Quere
infra
as
to
their
Lands
,
for
they
have
a
Parliament
there
;
but
they
may
bind
them
,
as
to
Things
transitory
,
as
the
shipping
of
Wool
,
or
Merchandize
,
to
the
intent
to
carry
it
to
another
Place
beyond
the
Sea
.
4
Inst.
350.
Sometimes
the
King
of
England
call'd
his
Nobles
of
Ireland
to
come
to
his
Parliament
of
England
,
&c.
And
by
special
Words
the
Parliament
of
England
may
bind
the
Subjects
of
Ireland
.
The
Lords
in
their
House
have
Power
of
Judicature
;
Id.
23.
and
the
Commons
in
their
House
have
Power
of
Judicature
;
and
both
Houses
together
have
Power
of
Judicature
.
This
Power
is
best
understood
by
reading
the
Judgments
and
Records
of
Parliament
at
large
,
Ibid.
and
the
Journals
of
the
House
of
Lords
,
and
[
](A54632-e27280-b)*
*
6
H.
8.
c.
16.
Rast.
429
,
430.
Vaughan
285.
the
Book
of
the
Clerk
of
the
House
of
Commons
,
which
is
sometimes
also
styled
a
Record
.
If
Inconveniencies
necessarily
follow
out
of
the
Law
,
only
the
Parliament
can
cure
them
.
If
a
Marriage
be
declared
by
Act
of
Parliament
to
be
against
God's
Law
,
Id.
327.
we
must
admit
it
to
be
so
:
for
by
a
Law
(
that
is
by
an
Act
of
Parliament
)
it
is
so
declared
.
In
many
Cases
Multitudes
are
bound
by
Acts
of
Parliament
,
Id.
14.
which
are
not
Parties
to
the
Elections
of
Knights
,
Citizens
,
and
Burgesses
,
as
all
they
that
have
no
Free-hold
,
or
have
Free-hold
in
ancient
Demesne
,
and
all
Women
having
Free-hold
,
or
no
Free-hold
;
and
Men
within
the
Age
of
One
and
twenty
Years
,
Hob.
256.
&c.
(
and
we
may
add
Persons
unborn
.
)
It
is
declared
by
the
Lords
and
Commons
in
full
Parliament
,
(
upon
Demand
made
of
them
on
the
Behalf
of
the
King
)
That
they
could
not
assent
to
any
Thing
in
Parliament
,
that
tended
to
the
disherison
of
the
King
,
and
his
Crown
,
whereunto
they
were
sworn
.
The
Expounding
of
the
Laws
doth
ordinarily
belong
to
the
Reverend
Judges
;
Hakewel
94.
and
in
Case
of
greatest
Difficulty
,
or
Importence
,
to
the
High
Court
of
Parliament
.
Errors
by
the
Law
in
the
Common-Pleas
are
to
be
corrected
in
the
King's-Bench
;
4
Inst.
22.
Vid.
Stat.
1
Jac.
1
c.
1.
and
of
the
King's-Bench
in
the
Parliament
,
and
not
otherwise
,
i.
e.
where
the
Proceedings
are
by
original
Writ
.
Instit.
Leg.
171.172
.
For
if
they
are
by
Bill
,
they
may
be
corrected
in
the
Exchequer
Chamber
by
St.
27
Eliz.
c.
8.
from
whence
a
Writ
of
Error
lyes
to
the
Parliament
.
Actions
at
Common
Law
are
not
determined
in
this
High
Court
of
Parliament
,
Selden's
Judicature
2.
yet
Complaints
have
ever
been
receiv'd
in
Parliaments
,
as
well
of
private
Wrongs
,
as
publick
Offences
.
And
according
to
the
Quality
of
the
Person
,
and
Nature
of
the
Offence
,
they
have
been
retained
,
or
referred
to
the
Common
Law
.
There
be
divers
Precedents
of
the
Trial
of
Bishops
by
their
Peers
in
Parliament
,
Id.
4.5
.
as
well
for
Capital
Offences
,
as
Misdemeanors
,
whereof
they
have
been
accused
in
Parliament
.
And
so
there
have
been
of
Commoners
.
As
the
Arch-Bishop
of
Canterbury
,
15
Ed.
3.
n.
6
,
7
,
8.
&
ibid.
postea
,
44.
&
39.
&
ibid
17
E.
3.22
.
And
the
Bishop
of
Norwich
,
7
Ric.
2.
for
Misdemeanors
:
So
were
the
Bishops
of
York
and
Chichester
tried
for
Treason
by
their
Peers
in
Parliament
,
upon
the
Appeal
of
the
Lords
Appellants
,
11
R.
2.
And
Anno
21
R.
2.
The
Commons
Accused
the
Arch-Bishop
of
Canterbury
of
Treason
by
their
Peers
in
Parliament
,
upon
the
Appeal
of
the
Lords
Appellants
,
11
R.
2.
And
Anno
21
R.
2.
The
Commons
accused
the
Arch-Bishop
of
Canterbury
of
Treason
,
and
the
Temporal
Lords
judged
him
a
Traitor
,
and
banished
him
.
But
if
a
Bishop
be
accused
out
of
Parliament
,
he
is
to
be
tried
by
an
ordinary
Jury
of
Free-holders
;
for
his
Honour
is
not
inheritable
,
as
is
the
Temporal
Peers
out
of
Parliament
;
yet
in
all
other
Matters
,
save
that
only
of
their
Trial
,
they
have
Priviledge
;
as
no
Day
of
Grace
to
be
granted
against
them
in
any
Suit
,
A
Knight
to
be
returned
upon
the
Pannel
where
a
Bishop
is
Party
,
and
no
Process
in
a
Civil
Action
to
be
awarded
against
his
Body
,
and
the
like
;
And
by
this
it
appeareth
what
Persons
are
,
de
Jure
,
triable
by
the
Lords
in
Parliament
,
viz.
their
Peers
only
(
which
Bishops
are
not
.
)
Judgments
in
Parliaments
for
Death
have
generally
been
strictly
guided
per
Legem
Terrae
(
i.e.
Lex
Parliamenti
.
d.
168.
)
The
Parliament
hath
three
Powers
;
Sir
Rob.
Atkyns
Argument
,
&c.
36.
a
Legislative
,
in
Respect
of
which
they
are
call'd
the
three
Estates
of
the
Realm
:
a
Judicial
,
in
respect
of
this
it
is
call'd
Magna
Curia
,
or
the
High
Court
of
Parliament
:
a
Counselling
Power
,
hence
it
is
call'd
,
Commune
Concilium
Regni
.
The
Parliament
gives
Law
to
the
Court
of
King's-Bench
,
Id.
49.
and
to
all
other
Courts
of
the
Kingdom
:
and
therefore
it
is
absurd
,
and
preposterous
that
it
shou'd
receive
Law
from
it
,
and
be
subject
to
it
.
The
greater
is
not
judged
of
the
less
.
All
the
Courts
of
Common
Law
are
guided
by
the
Rule
of
the
Common
Law
;
Id.
50
but
the
Proceedings
of
Parliament
are
by
quite
another
Rule
.
The
Matters
in
Parliament
are
to
be
discussed
and
determined
by
the
Custom
and
Usage
of
Parliament
,
and
the
Course
of
Parliament
,
and
neither
by
the
Civil
,
nor
the
Common
Law
,
used
in
other
Courts
.
Ibid.
The
Judges
of
all
the
Courts
of
Common
Law
in
Westminster
are
but
Assistants
,
and
Attendants
to
the
High
Court
of
Parliament
;
And
shall
the
Assistants
judge
of
their
Superiors
.
The
High
Court
of
Parliament
is
the
dernier
Refort
,
Ibid.
and
this
is
generally
affirm'd
,
and
held
;
but
it
is
not
the
last
if
what
they
do
may
yet
again
be
examin'd
,
and
controlled
.
Because
the
High
Court
of
Parliament
proceeds
by
a
Law
peculiar
to
that
High
Court
,
Id
52.
which
is
call'd
,
Lex
&
Consuetudo
Parliamenti
(
and
not
by
the
Rules
of
the
Common
Law
)
and
consists
in
the
Customs
,
Usages
,
and
Course
of
Parliament
;
no
Inferior
Court
can
,
for
this
very
Reason
,
judge
,
or
determine
of
what
is
done
in
Parliament
,
or
by
the
Parliament
.
A
Statute
,
Arc.
Parl.
85.
or
Act
of
Parliament
need
not
be
proclaim'd
,
for
the
Parliament
represents
the
Body
of
the
whole
Realm
,
for
there
are
Knights
and
Burgesses
of
every
County
,
and
Town
;
But
otherwise
where
it
is
ordained
by
the
Act
,
that
it
shall
be
proclaimed
.
A
Man
Attainted
of
Felony
,
Id.
100.
or
Treason
,
shall
not
be
restored
in
Blood
without
Parliament
.
28
Ed.
1.
Petyt's
Appendix
to
Miscel
.
Parliam
.
n.
38.
A
Truce
being
concluded
between
the
English
and
French
,
by
King
Edward's
Ambassadors
(
who
therein
had
dishonourably
agreed
to
include
the
Scots
)
the
Ambassadors
at
the
ensuing
Parliament
were
sharply
rebuked
and
corrected
,
not
only
by
the
King
himself
,
the
Prelates
and
Nobles
,
but
by
the
Commons
.
The
Court
of
Parliament
was
the
Sanctuary
,
Turner's
Case
of
Bankers
,
36.
whether
the
distressed
Subject
in
his
Exigence
fled
for
Shelter
,
and
Refuge
,
and
alway
found
it
.
Into
the
Sacred
Bosom
of
Parliaments
it
was
,
Ibid
Vide
Several
Precedent
and
Records
that
they
poured
out
their
Sighs
and
Groans
with
constant
Success
;
and
when
in
Cases
of
high
Nature
the
Common
Law
was
arrested
,
and
stopt
in
her
proceedings
,
Parliaments
evermore
ran
into
ther
Rescue
,
and
in
dutiful
ways
discharged
those
Locks
and
Bars
which
had
been
unjustly
fastned
on
the
Exchequer
.
The
Right
of
the
Crown
of
England
,
Stat.
Prov.
25
Ed.
3.
Rast.
Stat.
99.
and
the
Law
of
the
said
Realm
is
such
,
that
upon
the
Mischiefs
and
Damages
which
happen
to
the
Realm
,
the
King
ought
,
and
is
bound
by
his
Oath
(
of
the
Accord
of
his
People
in
Parliament
)
thereof
to
make
Remedy
,
&c.
To
conclude
this
Chapter
,
Le
Parliament
ad
Absolute
poiar
en
touts
Cases
,
come
a
faire
Leys
,
d'adjuger
Matters
en
Ley
,
a
trier
vie
del
home
,
a
reverser
Errors
en
Bank
le
Roy
;
especialment
lou
est
ascun
Commune
Mischief
que
l'ordinary
Course
del
Ley
n'ad
ascun
means
a
remedier
;
en
tiel
Case
ceo
est
le
proper
Court
.
Et
tonts
choses
que
ils
font
sont
come
Judgments
.
Et
si
le
Parliament
mesme
erre
,
Finche's
Nomotecnia
l.
2.
c.
1.
f.
21.
22.
come
il
poet
,
ceo
ne
poet
estre
reverse
en
ascun
Lieu
forsque
en
le
Parliament
.
Which
,
because
it
is
omitted
(
as
several
other
things
are
in
the
Book
translated
into
English
)
I
will
thus
give
it
the
Reader
that
does
not
understand
French
.
King's
Bench
;
especially
where
there
is
any
Common
Mischief
which
the
ordinary
Course
of
the
Law
hath
not
any
means
to
remedy
,
in
such
Case
this
is
the
proper
Court
.
And
all
things
which
they
do
are
as
Judgments
.
And
if
the
Parliament
it self
errs
,
as
it
may
,
that
cannot
be
reversed
in
any
place
but
in
Parliament
.
Sir
Robert
Cotton
,
See
Sir
Robert
Cot.
Treatise
of
Parliaments
p.
44
,
45
&c
in
his
Discourse
of
the
Privilege
and
Practice
of
Parliaments
,
says
thus
;
by
Parliaments
all
the
wholesom
Fundamental
Laws
of
this
Land
were
,
and
are
Establish'd
and
Confirmed
.
By
Act
of
Parliament
the
Pope's
Power
and
Supremacy
(
in
this
Kingdom
)
and
the
Romish
Superstition
and
Idolatry
,
were
abrogated
and
abolished
.
By
Act
of
Parliament
God's
true
Religion
,
Worship
and
Service
are
(
or
may
be
)
establish'd
and
maintain'd
.
By
Act
of
Parliament
,
the
two
Universities
of
Oxford
and
Cambridge
,
with
other
Cities
and
Towns
,
have
had
many
Privileges
and
Immunities
granted
'em
.
By
Parliament
,
one
Pierce
Gaveston
,
a
great
Favourite
and
Misleader
of
King
Ed.
2.
was
remov'd
and
Banished
;
and
afterwards
by
the
Lords
Executed
.
(
Also
by
Parliament
,
the
Spencer's
Favourites
and
Misguiders
of
the
same
King
,
were
Condemned
,
&c.
and
so
was
Delapool
,
in
H.
6.
Time
,
and
others
since
.
)
By
Parliament
,
Empson
and
Dudley
,
two
notable
Polers
of
the
Common-wealth
,
by
exacting
Penal
Laws
on
the
Subjects
were
Discover'd
,
and
afterwards
Executed
.
By
Parliament
,
the
Damnable
Gunpowder
Treason
(
hatch'd
in
Hell
)
is
recorded
,
to
be
had
in
Eternal
Infamy
.
By
Parliament
,
one
Sir
Giles
Mompesson
,
a
Caterpiller
and
Poler
of
the
Common-wealth
,
by
exacting
upon
In-holders
,
&c.
was
discover'd
,
degraded
and
Banished
by
Proclamation
.
By
Parliament
,
Sir
Francis
Bacon
,
Note
the
Censure
on
the
late
E.
of
Macclesfield
&
Quere
.
made
by
K.
James
1.
Baron
of
Verulam
,
Viscount
of
St.
Albans
,
and
Lord
Chancellor
of
England
,
was
for
Bribery
,
&c.
discover'd
and
displac'd
.
By
Parliament
,
Sir
John
Bennet
,
one
of
the
Judges
of
the
Prerogative
Court
,
being
Pernitious
to
the
Common-wealth
in
his
Place
,
was
discover'd
and
displac'd
.
By
Parliament
,
Lyonel
Cranfield
,
sometime
a
Merchant
of
London
,
and
made
by
K.
James
1.
Earl
of
Middlesex
,
and
Lord
Treasurer
of
England
,
being
hurfull
in
his
Place
to
the
Common-wealth
,
was
discover'd
and
displaced
.
By
Parliament
,
Note
.
Sir
Francis
Mitchell
,
a
jolly
Middlesex
Justice
of
Peace
,
in
the
Suburbs
of
London
,
another
Canker-worm
of
the
Common-wealth
,
by
Corruption
in
exacting
an
Execution
of
the
Laws
upon
poor
Alchouse-keepers
,
Victuallers
,
&c.
was
discover'd
and
degraded
from
his
Knighthood
,
and
utterly
disabled
from
being
a
Justice
of
Peace
.
By
Parliament
,
Ib.
p.
46.
the
Spanish
Frauds
were
discovered
,
and
by
an
Act
of
Parliament
the
two
Treaties
(
i.
e.
touching
the
Spanish
Match
,
and
for
restoring
the
Palatinate
,
both
which
had
cost
the
King
and
his
Subjects
much
Money
and
much
Blood
)
were
Dissolved
and
Annihilated
.
And
we
may
remember
,
(
says
the
same
Author
)
That
,
that
sage
Councellor
of
State
Sir
William
Cecil
,
Lord
Burley
,
and
Lord
Treasurer
of
England
,
was
oft
Times
heard
to
say
,
He
knew
not
what
a
Parliament
might
not
do
;
which
saying
was
approved
by
K.
James
1.
and
is
cited
by
him
in
one
of
his
publick
Speeches
.
The
Parliament
(
says
one
)
is
of
an
absolute
and
unlimited
Power
in
all
Things
Temporal
within
this
Nation
.
Sir
Robers
Atkins's
Argument
,
p.
50.
Bract.
fo.
34.
Fleta
,
p.
2.
17.
Another
says
,
Parliamentum
omnia
potest
.
Bracton
and
Fleta
both
affirm
Rex
habet
Superiorem
in
Regno
.
Scilicet
Curiam
suam
i.
e.
Comites
&
Barones
(
doubtless
the
Lords
and
Commons
)
qui
apponuntur
Regi
ut
si
Rex
sine
Fraeno
,
i.
e.
sine
Lege
fuerit
,
Debent
ei
Fraenum
apponere
&c.
Nay
,
some
great
Authors
have
asserted
,
Quod
Concilium
hoc
(
i.
e.
Parliamentum
)
Facultatem
habet
Deponendi
Regem
Malum
&
Substituendi
Novum
;
See
Mat.
Paris
per
Watts
,
pag.
498.
Knighton
de
Eventibus
Angliae
p.
2683.
in
the
Decem.
Scriptores
.
and
that
this
Power
is
claimed
ex
antiquo
Statuto
,
&c.
Knighton
has
a
remarkable
Passage
concerning
the
Execution
of
that
antient
Statute
in
the
Cases
of
E.
II.
and
R.
II.
which
at
this
Time
I
forbear
to
Transcribe
or
Translate
.
Note
,
It
appears
by
Mat.
Paris
,
p.
99.
&c.
That
the
Commons
were
then
(
i.
e.
15
H.
II.
)
summoned
to
the
Parliament
held
at
Clerkenwell
;
and
that
they
also
were
a
Part
of
the
Parliament
in
the
Time
of
K.
H.
I.
See
before
,
p.
34.
35.
&c.
CHAP.
IV.
Of
the
House
of
Lords
in
general
.
THE
House
of
Peers
,
Rushw
.
eol
.
vol.
3.
part.
1.
p.
777.
are
the
hereditary
Counsellors
of
the
(
King
and
)
Kingdom
,
as
the
House
of
Commons
are
the
representative
Body
of
the
whole
Commons
of
the
Kingdom
.
There
certainly
cannot
in
the
whole
World
be
seen
a
more
illustrious
Court
,
Nalson
,
566.
than
this
high
and
honourable
Assembly
of
Peers
in
Parliament
;
nor
any
Thing
of
greater
Benefit
and
Advantage
to
the
Subjects
of
this
Monarchy
.
No
Lord
of
Parliament
can
sit
there
,
Sir
Simon
d'Ewes's
Jour
.
11.
Col.
1.
till
he
be
full
One
and
twenty
Years
,
unless
by
special
Grace
of
the
Prince
;
and
that
very
rarely
,
unless
they
be
near
upon
the
Age
of
Twenty
one
Years
at
least
.
A
Bishop
elect
may
sit
in
Parliament
,
Ibid.
ante
3
,
4
,
43
,
44.
as
a
Lord
thereof
,
(
i.
e.
if
called
thereto
by
Writ
,
)
Q.
For
he
is
not
properly
a
Peer
,
(
or
even
a
Bishop
,
)
till
his
Temporalties
are
granted
to
him
.
If
the
King
by
his
Writ
calleth
any
Knight
or
Esquire
to
be
a
Lord
of
the
Parliament
,
4
Inst.
44.
he
cannot
refuse
to
serve
the
King
there
in
communi
illo
Consilio
,
for
the
Good
of
his
Country
.
It
lies
in
the
Favour
of
the
Prince
,
Sir
Simon
d'Ewes
Journal
,
2.4
.
Col.
2.
to
make
Heirs
of
Earldoms
Members
of
the
upper
House
,
by
summoning
them
thither
by
Writ
;
but
then
they
take
not
their
Place
there
as
the
Sons
of
Earls
,
but
according
to
the
Antiquity
of
their
Fathers
Baronies
.
The
Archbishop
of
Canterbury
is
the
first
Peer
of
the
Realm
.
Id.
140.
Col.
1.
The
Earl-Marshal's
Place
in
Parliament
is
betwixt
the
Lord
Chamberlain
,
Id.
535.
Col.
2.
and
the
Lord
Steward
.
See
the
Statute
.
No
Man
ought
to
sit
in
that
high
Court
of
Parliament
,
4
Inst.
45.
but
he
that
hath
Right
to
sit
there
.
If
a
Lord
depart
from
Parliament
,
Id.
44.
without
License
,
it
is
an
Offence
done
out
of
the
Parliament
,
and
is
finable
by
the
Law
.
4
June
1642
,
Rushw
.
Col.
Vol.
3.
part
1.737
.
Post
.
upon
an
Order
of
the
House
of
Lords
,
to
those
Lords
that
had
left
the
Parliament
,
and
repaired
to
the
King
at
York
,
requiring
their
Appearance
as
Delinquents
,
in
the
Answer
they
returned
to
it
,
there
are
these
Words
,
We
do
conceive
,
that
it
is
the
apparent
,
usual
and
inherent
Right
,
belonging
to
the
Peerage
of
England
,
that
in
the
highest
Misdemeanors
whatsoever
,
no
Peer
is
to
answer
to
the
first
Charge
,
but
in
his
own
Person
,
and
not
upon
the
first
Charge
to
come
to
the
Bar.
Any
Lord
of
the
Parliament
,
4
Inst.
12.
by
License
of
the
King
,
upon
just
Cause
to
be
absent
,
may
make
a
Proxy
.
43
Eliz.
1601
,
Towns
.
Col.
135.
Vide
Sir
Simon
d'Ewes
Journal
,
605.
agreed
by
the
Lords
,
That
the
antient
Course
of
the
House
is
,
That
the
Excuses
of
such
Lords
,
as
shou'd
happen
to
be
absent
from
the
House
,
upon
reasonable
Occasions
,
ought
to
be
done
by
some
of
the
Peers
,
and
not
by
other
Information
.
Anno
Domini
1626
,
Rushw
.
Col.
Vol.
1.
p.
365.
2
Car.
1.
resolved
upon
the
Question
by
the
whole
House
,
Nemine
dissentiente
,
That
the
Priviledge
of
this
House
is
,
That
no
Lord
of
Parliament
,
the
Parliament
sitting
,
or
within
the
usual
Time
of
Priviledges
of
Parliament
,
is
to
be
imprisoned
or
restrained
,
without
Sentence
or
Decree
of
the
House
,
unless
it
be
for
Treason
or
Felony
,
or
refusing
to
give
Surety
of
the
Peace
.
N.
B.
This
was
upon
the
King
's
having
committed
the
Earl
of
Arundel
to
the
Tower
,
without
expressing
the
Cause
of
his
Commitment
.
All
the
Priviledges
which
do
belong
to
those
of
the
Commons
House
of
Parliament
,
Hakewell
82.
a
fortiori
,
do
appertain
to
all
the
Lords
of
the
upper
House
;
for
their
Persons
are
not
only
free
from
Arrests
,
during
the
Parliament
,
but
during
their
Lives
:
Nevertheless
,
the
original
Cause
is
,
by
Reason
they
have
Place
and
Voice
in
Parliament
.
And
this
is
manifest
by
express
Authorities
,
grounded
upon
excellent
Reasons
in
the
Books
of
Law
.
A
Proxy
is
no
more
than
the
constituting
of
some
one
or
more
by
an
absent
Lord
,
Sir
Simon
d'Ewes
Journals
5.
Col.
2.
to
give
his
Voice
in
the
upper
House
,
when
any
Difference
of
Opinion
,
and
Division
of
the
House
shall
happen
;
for
otherwise
,
if
no
such
Division
fall
out
,
it
never
cometh
to
be
question'd
,
or
known
,
to
whom
such
Proxies
are
directed
;
nor
is
there
any
the
least
Use
of
them
,
save
only
to
shew
,
prove
,
and
continue
the
Right
which
the
Lords
of
the
upper
House
have
,
both
to
be
summon'd
,
and
to
give
their
Voices
in
the
same
House
,
either
in
their
Persons
,
or
by
their
Proxies
.
As
many
Proxies
as
any
Peer
hath
,
Ibid.
Col.
2.
so
many
Voices
he
hath
beside
his
own
;
and
if
there
be
two
or
three
Proxies
constituted
by
one
absent
Lord
(
as
is
frequent
)
then
always
the
first
named
in
the
same
,
is
to
give
the
Voice
,
if
he
be
present
;
and
if
absent
,
then
the
second
,
&
sic
de
reliquis
.
It
is
plain
by
the
antient
Treatise
,
Ibid.
6.
Col.
1.
Modus
tenendi
Parliamentum
;
That
if
a
Peer
neither
came
to
the
Parliament
,
nor
sent
a
Proxy
upon
his
Writ
of
Summons
,
he
forfeited
100
l.
if
an
Earl
,
100
Marks
,
if
a
Baron
,
100
s.
&c.
It
seldom
happeneth
,
Towns
.
Col.
4.39
,
40
,
42.
That
any
Bishop
doth
nominate
fewer
than
three
,
or
two
Proctors
;
nor
any
Temporal
Lord
more
than
one
.
John
Archbishop
of
Canterbury
,
Id.
34.
had
this
Parliament
five
Proxies
.
1
Eliz.
a
Lord
of
Parliament
by
License
obtained
of
the
Queen
to
be
absent
,
4
Inst.
12
,
13
made
a
Proxy
to
three
Lords
of
Parliament
;
one
of
which
gave
Consent
to
a
Bill
;
the
other
two
said
,
Not
Content
.
And
it
was
by
Order
of
the
Lords
debated
among
the
Judges
and
Civilians
Attendants
,
and
conceiv'd
by
them
,
That
this
was
no
Voice
;
and
the
Opinion
was
affirmed
by
all
the
Lords
,
That
it
was
no
Voice
.
2
Car.
1.
1626.
the
House
of
Peers
made
an
Order
,
Rush
.
Col.
269.
That
after
this
Session
,
no
Lord
of
this
House
shall
be
capable
of
receiving
above
two
Proxies
,
or
more
,
to
be
numbred
in
any
Cause
voted
.
In
the
Lords
House
,
Arc
Parl.
12.
Smith's
Common-wealth
,
87.
the
Lords
give
their
Voices
from
the
puisne
Lord
seriatim
,
by
the
Word
[
Content
]
or
[
Not
Content
.
]
4
Inst.
34.
First
for
himself
,
and
then
severally
for
so
many
as
he
hath
Letters
and
Proxies
.
A
Bill
had
three
Readings
in
one
Forenoon
,
Towns
.
Col.
11.
in
the
House
of
Lords
.
Towns
.
Col.
9.
Where
a
Committee
of
Lords
is
selected
out
to
meet
with
another
Committee
of
the
House
of
Commons
;
neither
the
Judges
,
being
but
Assistants
,
nor
the
Queen's
Council
,
being
but
Attendants
of
and
upon
the
House
,
were
ever
nominated
a
Joynt-Committees
with
the
Lords
.
But
when
the
Lords
among
themselves
do
appoint
a
Committee
to
consider
of
some
ordinary
Bill
,
especially
if
it
concern
Matter
of
Law
,
it
hath
been
antiently
used
,
and
may
still
,
without
Prejudice
to
the
Honour
of
the
House
,
that
the
King
's
learned
Council
,
but
especially
the
Judges
,
may
be
nominated
as
Committees
alone
,
or
as
Joynt-Committees
with
the
Lords
.
January
19.
1597.
39
Eliz.
it
was
resolved
,
Towns
.
Col.
94.
Sir
Simon
d'Ewes
Jour
.
That
the
Order
and
Usage
of
this
House
was
,
and
is
,
that
when
any
Bills
or
Messages
are
brought
from
the
lower
House
,
to
be
preferr'd
to
the
upper
House
,
the
Lord
Keeper
,
and
the
rest
of
the
Lords
,
are
to
rise
from
their
Places
,
and
to
go
down
to
the
Bar
,
there
to
meet
such
as
come
from
the
lower
House
,
and
from
them
to
receive
in
that
Place
their
Messages
,
or
Bills
.
Contrariwise
,
when
any
Answer
is
to
be
delivered
by
the
Lord
Keeper
,
&c.
In
passing
of
Bills
,
Arc.
Parl.
5.
if
the
Not
Contents
be
most
,
then
the
Bill
is
dash't
,
i.
e.
the
Law
is
annihilated
,
and
goeth
no
further
.
If
the
Contents
be
the
most
,
then
the
Clerk
writeth
underneath
,
Soit
baile
aux
Commons
,
i.
e.
Let
it
be
delivered
(
or
sent
)
to
the
Commons
.
3
Car.
1.
1626.
resolved
upon
the
Question
,
Rush
.
Col.
365.
That
the
Priviledge
of
this
House
is
,
that
no
Lord
of
Parliament
,
the
Parliament
sitting
,
or
within
the
usual
Time
of
Priviledges
of
Parliament
,
is
to
be
imprison'd
,
or
restrain'd
,
without
Sentence
,
or
Decree
of
the
House
,
unless
it
be
for
Treason
,
or
Felony
,
or
refusing
to
give
Surety
of
the
Peace
.
Giving
the
Lye
to
a
Peer
,
Nalson
380.
Hakewel
84.
Vide
Kel
.
wey
184.
Vid.
Lord
Hollis's
Letter
.
Vid.
Lord
Hollis's
Remains
.
Vid.
contra
Hunt's
Argument
for
the
Bishops
Right
,
&c.
Vid.
Grand
Question
concerning
Bishops
Right
,
per
totum
.
is
a
Breach
of
Priviledge
.
Ever
since
the
Conquest
,
the
Archbishops
,
and
Bishops
,
have
no
Title
to
have
Voice
and
Place
in
Parliament
,
but
only
in
respect
of
their
Temporal
Baronies
;
where
they
are
present
,
quousque
perveniatur
ad
Diminutionem
Vitae
,
&c.
When
a
Question
is
had
of
the
Attainder
of
any
Peer
,
Hakewel
84.
Vid.
contra
Hart
ut
supra
per
tot
.
Vid.
Grand
Question
concerning
Bishops
Right
,
&c
per
tetum
.
or
other
,
in
Parliament
,
the
Archbishops
and
Bishops
depart
the
higher
House
,
and
do
make
their
Proxies
;
for
by
the
Decrees
of
the
Church
,
they
may
not
be
Judges
of
Life
and
Death
.
11
Rich.
2.
Divers
Lords
,
and
others
,
being
appealed
of
Treason
,
and
other
Misdemeanors
,
the
Prelates
absented
themselves
during
the
Trial
,
Selden
of
Judicature
,
p.
150.
Vid.
there
the
Protestation
of
the
Bishops
.
Ibid.
151.
having
first
made
Protestation
,
saving
their
Right
to
be
present
in
Parliament
.
The
Protestation
,
I
think
,
intends
,
That
they
could
not
be
present
by
Reason
of
the
Common
Law
,
and
by
Reason
of
an
Ordinance
made
at
the
Council
at
Westminster
,
in
21
Hen.
2.
by
which
all
Clergymen
were
forbidden
agitare
Judicium
Sanguinis
,
upon
Pain
to
be
deprived
both
of
Dignities
and
Orders
.
For
surely
,
as
I
think
,
they
might
otherwise
have
been
present
,
both
by
the
Common
Law
,
and
by
the
Law
of
God
.
Sed
Quere
.
All
the
Lords
Spiritual
and
Temporal
,
Selden's
Judicature
,
&c.
39.
11
Rich.
2.
claimed
as
their
Liberty
and
Franchise
,
that
the
great
Matters
moved
in
this
Parliament
,
and
to
be
moved
in
other
Parliaments
in
Time
to
come
,
touching
the
Peers
of
the
Land
,
ought
to
be
admeasured
,
adjudged
,
and
discussed
by
the
Course
of
the
Parliament
,
and
not
by
the
Civil
Law
,
nor
by
the
Law
of
the
Land
,
used
in
the
more
base
Courts
of
the
Realm
;
which
the
King
granted
in
full
Parliament
.
The
Proceeding
against
a
Peer
in
Parliament
is
not
necessary
.
Id.
53.
Q.
It
appears
that
the
Lords
cannot
of
themselves
judge
a
Common
Person
for
an
Offence
,
Id.
61.
for
he
is
no
Peer
,
according
to
that
of
4
E.
3.
Numb.
26.
1
Rich.
2.
Id.
123.
The
Lord
Beauchamp
was
sworn
,
and
examined
;
and
the
Duke
of
Lancaster
being
one
of
the
Committee
,
was
diligently
examin'd
before
the
rest
of
the
said
Committee
,
but
not
sworn
ad
testificandum
.
Vid.
rost
.
Earls
and
Dukes
are
not
sworn
,
on
Trials
,
&c.
in
Parliament
.
In
Judgments
on
Delinquents
in
Parliament
,
Id.
132.
the
Commons
might
accusare
,
&
petere
Judicium
,
and
the
King
assentire
,
but
the
Lords
only
did
judicare
.
The
King's
Assent
ought
to
be
to
capital
Judgments
,
Id.
141.
Vid.
Id.
144
.
14●
,
148
,
154
,
158.
and
the
Lords
Temporal
to
be
only
Judges
therein
,
and
not
the
Lords
Spiritual
;
but
in
Misdemeanors
,
the
Lords
Spiritual
and
Temporal
are
equal
Judges
,
and
the
King's
Assent
is
not
necessary
,
Id.
136.
yet
it
seemeth
that
the
King's
Assent
is
necessarily
required
in
capital
Causes
and
Judgments
.
If
a
Peer
be
committed
to
Prison
,
the
Gentleman
Usher
hath
the
Charge
of
him
thither
,
and
the
Serjeant
attending
on
the
Great
Seal
.
How
Lords
of
Parliament
shall
be
placed
in
the
Parliament
,
Vide
Stat.
31
Hen.
8.
c.
10.
Vid.
4
Inst.
362.
Rot.
Parl.
3
H.
6.10
.
Arcana
Parl.
70.
and
other
Assemblies
and
Conferences
of
Council
.
A
Peer
of
the
Realm
shall
be
tried
in
an
Appeal
by
Knights
,
&c.
and
not
by
his
Peers
,
because
it
is
at
the
Suit
of
the
Party
,
Brook
142
,
153.
Otherwise
it
is
in
an
Indictment
of
Treason
or
Felony
,
for
that
it
is
at
the
Suit
of
the
King
.
The
Duke
of
Somerset
in
the
Time
of
Ed.
6.
was
tried
for
Felony
and
Treason
by
his
Peers
upon
an
Indictment
,
Id.
71.
for
it
is
the
Suit
of
the
King
.
When
a
Lord
of
Parliament
is
tried
by
his
Peers
,
1
Hen.
4.1
.
Id.
72.
they
shall
not
be
Sworn
to
say
their
Verdict
;
but
they
shall
give
their
Verdict
upon
their
Honour
,
and
are
not
charged
but
upon
their
Honours
.
And
6
Maij
,
1628.
Sir
Wm.
Jones's
Rep.
154
,
155.
It
was
ordered
on
the
Question
,
(
Nem.
Dissen
.
)
That
the
Nobility
of
this
Kingdom
,
and
Lords
of
the
upper
House
of
Parliament
,
are
of
antient
Right
to
Answer
in
all
Courts
as
Defendants
,
upon
Protestation
of
Honour
only
,
and
not
upon
the
common
Oath
.
An
order
of
the
House
of
Lords
was
in
1640.
Cursus
Cancel
.
112.
That
the
Nobility
of
this
Kingdom
,
and
Lords
of
the
upper
House
of
Parliament
,
and
the
Widows
and
Dowagers
of
the
Temporal
Lords
,
shall
Answer
(
in
Chancery
,
&c.
)
upon
Protestation
of
Honour
only
;
but
altho
their
Honour
may
bind
their
Conscience
in
Equity
,
yet
Evidence
upon
their
Honour
,
ought
not
to
be
admitted
in
any
Court
of
Law
.
And
we
must
here
Note
,
That
even
Lords
of
Parliament
,
or
Peers
of
the
Realm
,
in
giving
Evidence
to
a
Jury
,
or
in
their
Depositions
in
Chancery
,
&c.
are
to
be
Examined
on
Oath
.
A
Lord
of
Parliament
shall
have
Knights
upon
his
Trial
in
every
Action
.
27
Hen.
8.
f.
27.
A
Lord
of
Parliament
may
be
Outlawed
for
Murder
.
27
Hen.
8.
f.
17.
If
a
Lord
of
Parliament
makes
a
Rescous
,
27
H.
8.27
a
Capias
shall
be
taken
out
against
him
,
if
the
Sheriff
return
the
Rescous
;
otherwise
it
is
in
Case
of
Debt
.
A
Capias
ad
Satisfaciendum
does
not
lyc
against
a
Lord
of
Parliament
,
11
H.
4.15
.
27
Hen.
8.27
.
for
the
Law
presumes
that
he
has
Assets
.
An
Attachment
is
not
grantable
by
the
Common
Law
,
Dyer
316.
Statue
Law
,
Custom
,
or
Precedent
against
a
Lord
of
Parliament
:
and
the
Lord
Cromwel
by
Order
in
the
Parliament-Chamber
was
discharged
of
such
Process
.
In
a
Praemunire
against
a
Lord
of
Parliament
,
Arc.
Parl.
he
ought
to
appear
in
his
proper
Person
,
and
not
by
Attorney
,
unless
he
has
a
special
Writ
of
Chancery
,
De
attornato
faciendo
.
CHAP.
V.
The
Power
of
the
House
of
Lords
.
A
Peer
of
the
Realm
being
Indicted
of
Treason
,
or
Felony
,
4
Inst.
23.
or
Misprision
of
Treason
,
may
be
Arraigned
thereof
in
Parliament
,
a
Lord
Steward
being
appointed
;
and
then
the
Lords
Spiritual
shall
make
a
Procurator
for
them
:
and
the
Lords
,
as
Peers
of
the
Realm
,
during
the
Parliament
,
are
Judges
,
whether
the
Offence
be
Treason
,
&c.
(
that
is
supposed
to
be
committed
by
any
Peer
of
the
Realm
,
)
and
not
the
Justices
.
Vide
,
a
Letter
sent
by
nine
Lords
,
Rush
.
Col.
3.
Stat.
vol.
1.
f.
737.
Ant.
42.
(
to
the
Parliament
,
June
4
,
1642
)
who
had
gone
from
their
House
,
and
repaired
to
the
King
at
York
,
wherein
they
say
,
We
do
conceive
,
that
it
is
the
apparent
usual
and
inherent
Right
belonging
to
the
Peerage
of
England
,
that
in
the
highest
Misdemeanour
whatsoever
,
no
Peer
is
to
Answer
to
the
first
Charge
,
but
in
his
Place
in
his
own
Person
,
and
not
upon
the
first
Charge
to
come
to
the
Barr.
In
1553.
primo
Mariae
,
Burn.
His
.
Ref.
vol.
2.
p.
253.
The
Bill
of
Tonnage
and
Poundage
was
sent
up
to
the
Lords
,
who
sent
it
down
to
the
Commons
to
be
reformed
in
two
Provisoes
that
were
not
according
to
former
Precedents
.
How
far
this
was
contrary
to
the
Rights
of
the
Commons
,
who
now
say
,
that
the
Lords
cannot
alter
a
Bill
of
Money
,
I
am
not
able
to
determine
.
Die
Mercurij
,
25
Novembris
,
1692.
It
is
Resolved
upon
the
Question
,
by
the
Lords
Spiritual
and
Temporal
,
that
for
the
future
when
there
shall
be
a
Devision
in
the
House
upon
any
Question
,
the
Contents
shall
goe
below
the
Barr
,
and
the
Not
Contents
,
stay
within
the
Barr
:
And
it
is
Ordered
,
that
this
Resolution
be
added
to
the
Roll
of
standing
Orders
of
this
House
.
Die
Lune
,
7.
Decembris
,
1691.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
that
for
the
future
,
upon
giving
Judgment
in
any
Cases
of
Appeals
,
or
Writs
of
Error
in
this
House
,
the
Question
shall
be
put
for
Reversing
,
and
not
for
Affirming
:
And
that
this
be
added
to
the
Roll
of
standing
Orders
.
30.
Jan.
1640.
Rush
.
Col.
3.
part
vol.
1
p.
165.
Upon
a
Debate
in
the
Lord's
House
,
touching
the
Power
of
conveying
away
of
Honour
,
it
was
(
Nemine
contradicente
)
Resolved
upon
the
Question
,
that
no
Person
that
hath
any
Honour
in
him
as
a
Peer
of
this
Realm
,
may
alien
and
transfer
the
same
to
any
other
Person
.
See
Sir
B.
Shower's
Cases
in
Parliament
,
1.2
.
&c.
See
many
notable
Judgments
by
the
Lords
,
at
the
Prosecution
of
the
Commons
,
Rush
.
Col.
passim
.
&
Nalson
.
and
in
later
Times
.
Error
serra
sue
in
Parliament
,
Vid.
Crom.
18.
Error
Vid.
infra
.
&
Parliament
poet
prendre
Recognizance
,
Brook
137.
Error
.
Error
shall
be
sued
in
Parliament
,
and
the
Parliament
may
take
a
Recognizance
.
If
a
Judgment
be
given
in
the
King's
Bench
,
4.
Inst.
21.
either
upon
a
Writ
of
Error
,
or
otherwise
,
the
Party
grieved
may
(
upon
a
Petition
of
Right
made
to
the
King
in
English
or
in
French
,
and
his
Answer
thereto
,
Fiat
Jusstitia
,
let
Justice
be
done
)
have
a
Writ
of
Error
directed
to
the
Chief
Justice
of
the
King's
Bench
,
for
removing
of
the
Record
in
praesens
Parliamentum
,
&c.
And
hence
it
may
be
presum'd
,
that
Writs
of
Error
in
Parliament
,
were
originally
Returnable
before
the
Commons
,
as
well
as
the
Lords
.
See
Yelverton's
Rights
of
the
Commons
,
and
Hales
of
Parliaments
,
p.
18.
to
23.
When
one
sueth
in
Parliament
to
Reverse
a
Judgment
in
the
King's
Bench
,
he
sheweth
in
his
Bill
,
which
he
exhibiteth
to
the
Parliament
,
some
Error
,
or
Errors
,
whereupon
he
prayeth
a
Scire
Facias
.
Id.
22.
The
Proceeding
upon
the
Writ
of
Error
is
only
before
the
Lords
in
the
Upper
House
,
Secundum
Legem
&
Consuetudinem
Parliamenti
.
The
Case
between
Smith
and
Busby
in
a
Writ
or
Error
Resolved
,
2
Nalson
716.
't
was
decidable
in
no
other
Court
,
but
in
Parliament
.
If
any
Question
be
moved
in
Parliament
for
Priviledge
,
4
Inst.
363
or
Precedency
of
any
Lord
of
Parliament
,
it
is
to
be
decided
by
the
Lords
of
Parliament
,
in
the
House
of
Lords
,
as
all
Priviledges
and
other
Matters
concerning
the
Lords
House
of
Parliament
are
.
November
1641.
2
Nalson
625.
Resolved
by
the
House
,
Nemine
contradicente
,
that
it
belongs
to
the
House
of
Peers
,
by
the
antient
Laws
and
Constitutions
of
this
Kingdom
,
to
interpret
Acts
of
Parliament
,
in
Time
of
Parliament
,
in
any
Cause
that
shall
be
brought
before
them
.
Julij
12.
1641.
2.
Nalson
381.
An
order
of
the
Lords
for
Relief
of
a
Feme-Covert
,
and
her
Children
,
against
a
Husband
refusing
to
Cohabit
.
The
Sentence
pronounced
by
the
Lords
upon
Sir
Giles
Mompesson
,
Rushw
Col.
27.28
.
and
Sir
Fracis
Michel
,
for
Projectors
.
Upon
Complaints
and
Accusations
of
the
Commons
,
Selden's
Judicature
&c.
6
,
7.
the
Lords
may
proceed
in
Judgment
against
the
Delinquents
of
what
Degree
soever
,
and
of
what
Nature
soever
the
Offence
be
.
For
where
the
Commons
complain
,
the
Lords
do
not
assume
to
themselves
Trial
at
Common
Law
.
(
Q.
)
Neither
do
the
Lords
at
the
Trial
of
a
Common
Impeachment
by
the
Commons
,
decedere
de
Jure
suo
;
for
the
Commons
are
then
instead
of
a
Jury
;
and
the
Parties
Answer
,
and
Examination
of
Witnesses
,
are
to
be
in
their
Presence
,
Post
120.
or
they
to
have
Copies
thereof
:
and
the
Judgment
is
not
to
be
given
but
upon
their
Demand
,
which
is
instead
of
a
Verdict
;
so
the
Lords
do
only
judge
,
not
try
the
Delinquent
.
28
Hen.
6.
Id.
98.
Tho'
the
Lords
refused
to
commit
the
Duke
of
Suffolk
upon
the
Commons
complaint
of
him
of
a
common
Fame
of
Treason
;
yet
when
they
accused
him
of
a
particular
Treason
,
he
was
Committed
and
brought
Prisoner
to
his
Answer
.
But
in
Cases
of
Misdemeanors
it
is
otherwise
:
Then
the
Party
accused
,
whether
Lord
,
or
Commoner
,
answers
as
a
Freeman
,
viz.
The
Lord
within
his
Place
,
Ibid.
the
Commoner
at
the
Bar
;
and
they
are
not
committed
till
Judgment
;
unless
upon
the
Answer
of
a
Commoner
,
the
Lords
find
Cause
to
commit
him
,
till
he
find
Sureties
to
attend
,
&c.
lest
he
should
fly
.
Prout
Jo.
Cavendish
upon
the
Lord
Chancellor's
demand
of
Justice
against
him
for
his
false
Accusation
,
was
Committed
after
his
Answer
until
he
put
in
Bail
,
Anno
7
Rich.
2.
and
before
Judgment
.
In
Cases
of
Misdemeanors
only
,
Id.
105.
the
Party
accused
was
never
deny'd
Counsel
.
If
the
Commons
do
only
complain
,
Id.
163.
and
do
neither
impeach
the
Party
in
Writing
,
nor
by
Word
of
Mouth
in
open
House
,
nor
demand
Trial
to
be
in
their
Presence
:
Post
120.
in
these
Cases
it
is
in
the
Election
of
the
Lords
,
whether
the
Commons
shall
be
present
,
or
not
.
In
Complaints
of
Extortion
,
Id.
173.
and
Oppression
,
the
Lords
awarded
Satisfaction
to
the
Parties
wronged
,
which
sometime
was
certain
,
sometime
general
;
but
alway
secundum
,
non
ultra
Legem
.
It
appeareth
plainly
by
many
Precedents
,
Id.
176
,
177.
that
all
Judgments
for
Life
and
Death
,
are
to
be
render'd
by
the
Steward
of
England
,
or
by
the
Steward
of
the
King's
House
;
and
this
is
the
Reason
,
why
at
every
Parliament
the
King
makes
a
Lord
Steward
of
his
House
,
tho'
he
hath
none
out
of
Parliament
.
And
at
such
Arraignment
the
Steward
is
to
sit
in
the
Chancellor's
Place
;
and
all
Judgments
for
Misdemeanors
are
by
the
Chancellor
,
or
by
him
who
supplies
the
Chancellor's
Place
.
In
Case
of
Recovery
of
Damages
,
Id.
187.
or
Restitution
,
the
Parties
are
to
have
their
Remedy
(
the
Parliament
being
ended
)
in
the
Chancery
,
and
not
in
any
other
inferior
Court
at
the
Common
Law
.
But
the
Lords
in
Parliament
may
direct
how
it
shall
be
levied
.
The
Judges
(
who
are
but
Assistants
to
the
Upper
House
)
have
leave
from
the
Lord
Chancellor
or
Keeper
,
Sir
Simon
d'Ewes
Journal
,
527.
Col.
2.
to
sit
cover'd
in
the
House
,
but
are
alway
uncover'd
at
a
Committee
.
3.
Car.
1.
Petyt's
Msscel
.
Parliam.
212
,
213.
The
Sentence
of
the
Lords
Spiritual
and
Temporal
,
pronounced
by
the
Lord
Keeper
against
Ensign
Henry
Reynde
,
for
ignominious
Speeches
uttered
by
him
against
the
Lord
Say
and
Seal
,
and
for
his
Contempt
of
the
High
Court
of
Parliament
,
was
thus
:
1.
That
he
never
bear
Arms
hereafter
,
but
be
accounted
unworthy
to
be
a
Soldier
:
2.
To
be
imprisoned
during
Pleasure
:
3.
To
stand
under
the
Pillory
(
with
Papers
on
his
Head
shewing
his
Offence
)
at
Cheapside
,
London
,
or
at
Banbury
:
4.
To
be
fined
at
200
l.
to
the
King
:
5.
To
ask
Forgiveness
here
of
all
the
Lords
of
Parliament
in
general
;
and
of
the
Lord
Say
and
his
Son
in
Particular
,
both
here
,
and
at
Banbury
.
And
the
Court
of
Star-Chamber
ordered
by
the
Lords
to
put
the
said
Sentence
in
Execution
,
out
of
Time
of
Parliament
.
Id.
213.
Vide
a
Sentence
pronounced
by
the
Lords
Die
Martis
,
26.
Julij
,
1642.
against
one
John
Escot
,
of
Launceston
in
the
County
of
Cornwall
,
for
speaking
Scandalously
of
the
Parliament
,
in
Rush
.
Col.
Vol.
1.
f.
759
,
760.
And
likewise
against
John
Marston
,
Clerk
,
Rector
of
St.
Mary
Magdalen
,
in
the
City
of
Canterbury
.
ibid.
See
divers
particulars
touching
the
Power
and
Jurisdiction
of
the
House
of
Lords
,
in
Prynn's
Plea
for
the
House
of
Lords
,
&c.
as
also
a
Book
printed
Anno
1669.
Entitled
,
The
Grand
Question
concerning
the
Judicature
of
the
House
of
Peers
Stated
,
&c.
See
also
Sir
M.
Hales
of
Parliaments
,
Pa.
138
,
139.
and
ibid
140
,
&c.
where
Attendants
on
the
upper
House
may
be
Members
of
the
House
of
Commons
.
Q.
CHAP.
VI.
House
of
Commons
.
THE
House
of
Commons
was
originally
,
Sir
R.
Atkyns
Argument
,
&c.
p.
13.
and
from
the
first
Constitution
of
the
Nation
,
the
Representative
of
one
of
the
three
Estates
of
the
Realm
,
and
a
part
of
the
Parliament
.
It
is
affirmed
by
Mr.
Lambard
,
Lambard's
Archeion
.
257
,
258.
that
Burgesses
were
chosen
to
the
Parliament
before
the
Conquest
.
The
antient
Towns
call'd
Boroughs
,
Littleton
,
Sect.
164.
are
the
most
antient
Towns
that
are
in
England
;
for
the
Towns
that
now
are
Cities
or
Counties
in
old
Time
were
Boroughs
;
and
call'd
Boroughs
,
for
that
of
such
old
Towns
came
the
Burgesses
to
the
Parliaments
.
Knights
of
the
Shire
to
serve
in
Parliament
,
Sir
Rob.
Atkyn's
18.
and
the
paying
Wages
to
them
for
their
Service
,
has
been
Time
out
of
Mind
,
and
did
not
begin
49
Hen.
3.
for
that
is
within
Time
of
Memory
,
in
a
Legal
Sense
.
The
House
of
Commons
,
Id.
34.
as
a
Member
of
the
High
Court
of
Parliament
,
have
been
as
antient
as
the
Nation
itself
,
and
may
in
the
Sense
of
Julius
Caesar
,
be
accounted
among
the
Aborigines
,
and
that
they
have
had
a
perpetual
Being
(
to
speak
in
the
Language
of
the
Law
)
a
Tempore
cujus
Contraria
memoria
Hominum
non
existit
,
and
that
they
are
therefore
capable
by
Law
(
together
with
the
rest
of
the
three
Estates
in
Parliament
)
to
prescribe
and
claim
a
share
in
all
Parliamentary
Powers
and
Priviledges
;
I
do
not
mean
seperately
,
but
in
conjunction
with
those
other
Estates
,
which
they
could
not
otherwise
legally
have
done
,
if
their
Original
and
Commencement
could
have
been
shewn
.
During
the
British
Saxon
,
Petyt's
Preface
to
the
antient
Rights
of
the
Commons
&c.
p.
3.
and
Norman
Governments
,
the
Freemen
(
or
Commons
of
England
,
as
now
call'd
,
and
distinguish'd
from
the
great
Lords
)
were
pars
essentialis
&
constituens
,
an
essential
and
constitutent
part
of
the
Wittena
Gemot
,
Commune
Concilium
,
Baronagium
Angliae
,
or
Parliament
in
those
Ages
.
It
is
apparent
,
Id.
12.
and
past
all
Contradiction
,
that
the
Commons
(
in
the
Times
of
the
Britons
,
Vid.
Ch.
1
ante
Saxons
,
and
Picts
)
were
an
essential
Part
of
the
Legislative
Power
,
in
making
and
ordaining
Laws
,
by
which
themselves
and
their
Posterity
were
to
be
Govern'd
,
and
that
the
Law
was
then
the
golden
Metwand
and
Rule
which
Measured
out
,
and
allowed
the
Prerogative
of
the
Prince
,
and
Liberty
of
the
Subject
(
and
when
obstructed
,
or
denyed
to
either
,
made
the
Kingdom
deformed
and
leprous
.
)
I
may
with
good
Reason
and
Warranty
conclude
,
Id.
125.
that
our
Ancestors
the
Commons
of
England
,
the
Knights
,
Gentlemen
,
Freeholders
,
Citizens
,
and
Burgesses
of
a
great
and
mighty
Nation
,
were
very
far
from
being
in
former
Times
such
Vassals
and
Slaves
,
or
so
abject
,
poor
,
and
inconsiderable
,
as
the
absurd
and
malicious
Ignorance
and
Falsities
of
late
Writers
have
been
pleased
to
make
and
represent
them
,
especially
the
Author
of
the
Grand
Freeholders
Inquest
,
and
Mr.
James
Howel
,
&c.
as
if
they
were
only
Beasts
of
Carriage
and
Burthen
,
ordain'd
to
be
tax'd
and
talliated
,
and
have
their
Lives
,
Estates
,
and
Liberties
given
away
,
and
disposed
of
,
without
their
own
Assents
.
If
the
Commons
do
only
Accuse
by
any
way
of
Complaint
whatsoever
,
Selden's
Judicature
,
&c.
14.
and
do
not
declare
in
Special
against
the
Party
accused
,
then
the
Suit
is
the
King
's
,
and
the
Party
is
to
be
Arraigned
,
or
otherwise
proceeded
against
by
Commandment
,
Ex
parte
Domini
Regis
.
In
the
Lower
House
sit
the
Speaker
,
Crompton
2.4
Inst.
1.
and
the
Knights
,
Citizens
,
Burgesses
,
and
Barons
of
the
Cinque-Ports
,
who
represent
the
Body
of
the
whole
Commonalty
of
England
.
All
Persons
,
St.
5
Rich.
2
c.
4.
Rast.
140.
and
Commonalties
,
which
shall
be
summon'd
to
Parliament
,
shall
come
,
as
they
have
been
used
and
accustom'd
of
antient
Time
;
and
he
that
shall
not
come
(
having
no
reasonable
Excuse
)
shall
be
amerced
,
and
otherwise
punish'd
,
as
of
antient
Time
hath
been
used
.
Vide
ante
p.
17.
Algernon
Sidney
,
c.
3.
Sect.
38
An
Eminent
and
Noble
Author
,
has
in
his
Discourses
on
Government
,
asserted
that
the
Power
of
calling
and
dissolving
Parliaments
,
is
not
simply
in
our
Kings
alone
.
And
in
support
of
this
Assertion
,
gives
us
the
following
Reasons
,
viz.
First
,
(
says
he
)
the
King
can
have
no
such
Power
,
unless
it
be
given
him
;
(
by
Law
)
for
every
Man
is
naturally
Free
;
and
the
same
Power
that
makes
him
King
,
gives
him
all
that
belongs
to
his
being
King
,
and
no
more
:
'T
is
not
therefore
an
Inherent
,
but
only
a
Delegated
Power
;
and
whoever
Receives
it
,
is
accountable
to
those
who
gave
it
;
for
they
who
give
Authority
by
Commission
,
do
always
retain
more
than
they
Grant
.
Secondly
,
The
Law
for
Annual
Parliaments
expresly
Declares
it
,
not
to
be
in
the
King's
Power
as
to
their
Meeting
;
nor
consequently
as
to
their
Continuance
;
for
they
meet
to
no
Purpose
if
they
may
not
continue
to
do
the
Work
for
which
they
meet
;
and
it
were
absur'd
to
give
them
a
Power
of
Meeting
;
if
they
might
not
continue
till
the
End
for
which
they
met
were
attained
;
Qui
Dat
Finem
Dat
Media
ad
Finem
Necessaria
;
the
only
Reason
(
End
)
why
Parliaments
do
Meet
,
is
to
provide
for
the
publick
Good
,
and
they
ought
to
Meet
(
and
continue
)
for
that
End
;
they
ought
not
therefore
to
be
Dissolved
till
it
be
accomplished
;
and
't
was
for
this
Reason
,
that
the
Opinion
given
by
Tresilian
,
that
Kings
might
Dissolve
Parliaments
at
their
Pleasure
,
Note
.
was
adjudg'd
to
be
a
principal
part
of
his
Treason
.
See
other
Reasons
there
Assign'd
;
and
on
the
whole
he
concludes
,
that
Parliaments
have
in
themselves
a
Power
of
Meeting
,
Sitting
and
Acting
for
the
Publick
Good
.
After
which
,
Ibid
p.
432.
he
further
Prosecutes
the
same
Point
,
and
then
proceeds
to
shew
;
That
as
the
Peoples
Delegatees
or
Representatives
in
Parliament
do
not
meet
there
by
a
Power
derived
from
Kings
,
but
from
those
that
chuse
them
;
so
they
who
Delegate
Powers
,
do
always
retein
to
themselves
more
than
they
give
;
and
therefore
the
People
do
not
give
their
Delegates
an
absolute
Power
of
doing
what
they
please
,
but
do
always
retein
to
themselves
more
than
they
confer
on
their
Deputies
,
who
must
therefore
be
accountable
to
their
Principalls
.
Vide
plura
ibid.
CHAP.
VII
.
The
Power
of
the
House
of
Commons
in
particular
Cases
.
THE
House
of
Commons
is
a
House
of
Information
and
Presentment
,
Rush
Coll.
217.
vol
1.
but
not
a
House
of
Definitive
Judgment
.
The
House
of
Commons
is
a
considerable
Grand
Jury
,
Trials
of
the
Regicides
,
p.
53.
't
is
a
good
Billa
vera
they
return
;
their
Orders
are
Records
,
and
that
appears
also
by
6.
H.
8.
c.
16.
where
the
Words
are
,
viz.
And
the
same
Licence
shall
be
entred
on
Record
,
in
the
Book
of
the
Clerk
of
the
Parliament
appointed
,
or
to
be
appointed
for
the
Common's
House
,
&c.
[
Sir
Audley
Mervyn's
Speech
to
the
Duke
of
Ormond
,
13.
Heb.
1662.
containing
their
Sum
of
Affairs
in
Ireland
,
p.
17.
]
And
more
directly
in
their
point
upon
the
Trial
of
Harrison
the
Regicide
,
Mr.
Jessop
was
produc'd
to
attest
several
Orders
of
the
Common's
House
,
Mr.
Jessop
being
Clerk
of
the
House
.
Note
the
said
Stat.
6.
H.
8.
c.
16.
says
;
Rast.
Stat.
p.
429.
4.
Inst.
23.
Hales
of
Parl.
213.
215.
That
no
Member
should
depart
from
the
Parliament
,
nor
absent
themselves
from
the
same
,
without
the
Licence
of
the
Speaker
and
Commons
in
Parliament
Assembled
,
to
be
entred
upon
Record
in
the
Book
of
the
Clerk
of
the
Parliament
.
And
yet
some
Judges
have
been
of
Opinion
,
Hob.
Rep.
110.111
.
that
the
Journals
of
the
House
of
Commons
are
no
Records
,
but
only
Remembrances
.
Before
the
Year
1550.
3.
E.
6.
Bur.
Hist.
Ref.
vol.
2.
p.
143.
it
seems
that
no
Eldest
Sons
of
Peers
were
Members
of
the
House
of
Commons
;
and
Sir
Francis
Russel
,
becoming
by
the
Death
of
his
Elder
Brother
,
Heir
Apparent
to
the
Lord
Russel
;
it
was
on
the
21st
of
January
carried
upon
a
Debate
,
that
he
should
abide
in
the
House
as
he
was
before
.
But
this
was
by
a
special
Order
;
so
it
is
entered
in
the
Original
Journal
of
the
House
of
Commons
,
and
is
the
first
Journal
that
ever
was
taken
in
that
House
.
1.
Car.
1.
1625.
Resolved
,
Rush
.
ib.
that
common
Fame
is
a
good
Ground
of
Proceeding
for
this
House
,
either
by
Enquiry
,
or
Presenting
the
Complaint
(
if
the
House
find
Cause
)
to
the
King
or
Lords
.
26
Jan.
28
Hen.
6.
Selden's
Judicat
.
p.
29.
Vid.
id
.
38
The
Commons
required
the
Duke
of
Suffolk
might
be
committed
to
Ward
,
for
that
the
General
Fame
went
of
him
,
&c.
The
Lords
,
on
Consultation
with
the
Justices
,
thought
the
same
to
be
no
good
Cause
of
Commitment
,
unless
some
special
Matters
were
objected
against
him
.
It
is
certain
,
Pettyt's
Miscell
.
Pref.
&c.
p.
5.
and
not
to
be
deny'd
,
That
in
elder
Time
the
People
,
or
Free-men
had
a
great
Share
in
the
Publick
Council
,
or
Government
.
For
Dion
Cassius
(
or
Xiphiline
out
of
him
)
in
the
Life
of
Severus
assures
us
,
Apud
hos
(
i.
e.
Britannos
)
Populus
magna
ex
Parte
Principatum
tenet
.
It
was
not
in
the
Power
of
all
the
Tenants
in
Capite
in
England
,
Id.
47
,
48.
tho'
with
the
King's
Consent
,
to
bind
and
oblige
others
,
or
to
make
,
or
alter
a
Law
,
sine
Assensu
Communitatis
Regni
,
who
had
Votum
consultivum
,
&
decisivum
,
an
Act
of
Authority
and
Jurisdiction
,
as
well
in
assenting
to
Spiritual
Laws
as
Temporal
;
as
may
appear
for
an
Instance
in
their
Declaration
,
or
Protestation
to
Edward
the
Third
in
Parliament
,
which
concludes
thus
,
For
they
will
not
be
obliged
by
any
Statute
or
Ordinance
made
,
without
their
Assent
.
In
a
MS.
M.
S.
Penes
W.
Bohun
.
p.
5
,
6.
Treatise
,
written
by
Mr.
Rymer
,
entitled
,
an
Inquiry
into
the
antient
Method
of
passing
Bills
in
Parliament
,
I
find
it
to
have
been
the
usual
Practice
,
Temp.
Ed.
3ij
.
&c.
See
Annis
Edw.
3.
14
15
,
16
,
20
,
21
,
22.
36.
33
,
&c.
For
the
Commons
to
have
first
their
Petitions
and
Bills
answered
,
(
i.
e.
their
Grievances
Redress'd
)
and
then
to
Grant
their
Aids
and
Supplies
.
But
note
,
These
Matters
often
proceeded
pari
Passu
.
And
sometimes
Aids
were
granted
by
the
Commons
,
on
express
Condition
,
That
the
King
Grant
the
Petitions
Exhibited
to
him
,
&c.
But
in
47
E.
3.
The
Subsidy
or
Aid
,
Ibid.
p.
7.
is
commanded
to
be
first
Treated
on
,
or
Debated
,
which
(
says
my
Author
)
I
remember
not
to
have
been
in
any
other
Parliament
whatsoever
,
save
that
of
7
R.
2.
And
Note
,
11
R.
2.
The
Commons
Demand
it
as
of
Right
not
to
Grant
Subsidies
till
the
End
of
the
Parliament
.
To
give
Subsidies
upon
Subsidies
is
not
usual
.
In
the
18
H.
3.
Rush
.
vol.
1.
p.
190.
There
was
one
Punished
for
pressing
for
more
Subsidies
,
when
Subsidies
had
been
Granted
before
in
that
Parliament
.
And
note
,
See
Cottons
Records
p.
17.
198.
If
any
new
Project
was
proposed
in
Parliament
,
for
raising
Subsidies
or
Supplies
,
the
Commons
usually
reply'd
thereto
,
That
they
were
not
Instructed
by
their
Principals
in
that
Matter
;
or
that
they
durst
not
consent
to
such
Tax
,
&c.
without
Conference
with
their
Countries
.
A
Member
of
Parliament
may
charge
any
great
Officer
of
State
with
any
particular
Offence
.
Rush
Col.
690.
If
any
Lord
of
Parliament
Spiritual
or
Temporal
,
4
Inst.
24.
have
committed
any
Oppression
,
Bribery
,
Extortion
,
or
the
like
;
the
House
of
Commons
,
being
the
general
Inquisitors
of
the
Realm
(
coming
out
of
all
Parts
thereof
)
may
examine
the
same
;
and
if
they
find
,
by
the
Vote
of
the
House
,
the
Charge
to
be
true
,
then
they
transmit
the
same
to
the
Lords
,
with
the
Witnesses
and
the
Proofs
.
1
Jac.
1.
1603.
Petyt's
Miscel.
Parl.
64.
The
Bishop
of
Bristol
publishing
a
Book
,
tending
to
make
Division
and
Strife
,
Wrong
and
Dishonour
both
to
the
lower
House
,
and
the
Lords
themselves
,
was
complain'd
of
by
the
Commons
to
the
Lords
;
and
he
made
his
Recantation
:
-
1.
That
he
had
erred
.
-
2.
That
he
was
sorry
for
it
.
-
3.
If
it
were
to
do
again
,
he
would
not
do
it
.
-
4.
But
protested
,
it
was
done
of
Ignorance
,
and
not
of
Malice
.
7
Jac.
1.
1609.
Vide
Rvsh
.
Hist.
Col.
4
Car.
Dr.
Cowel
writ
a
Book
perniciously
,
asserting
certain
Heads
to
the
Destruction
of
Parliaments
,
and
the
Fundamental
Laws
and
Government
of
the
Kingdom
,
and
was
complained
of
by
the
Commons
to
the
Lords
,
who
resolved
to
Censure
his
Errors
and
Boldness
.
Ibid.
And
afterwards
the
Book
was
burnt
by
Proclamation
.
Vide
Dr.
Manwaring's
Case
,
Rush
.
Col.
&
Nalson
.
Vide
Petyt's
Miscel.
Part
74.
Vide
Dr.
Montague's
Case
in
Rushworth
,
Nalson
,
&
Petyt's
Miscell
.
Part
82.
Note
,
The
Case
of
Dr.
Burnet
,
Bishop
of
Salisbury
,
who
for
writing
and
publishing
a
Book
,
Entitled
,
King
William
and
Queen
Mary
Conquerors
,
was
Censured
in
Parliament
,
and
as
I
think
on
the
Commons
Address
,
Removed
from
being
Preceptor
to
the
Duke
of
Gloucester
,
&c.
Note
also
Bishop
Fleetwood's
Preface
,
censured
and
burnt
by
Order
of
the
House
of
Commons
.
And
see
Nalson's
Col.
p.
9.
and
43.
ten
Bishops
at
once
sent
to
the
Tower
by
the
Lords
,
&c.
4
Junij
,
19
Jac.
Petyt's
Miscel.
Parl.
120.
The
Commons
House
of
Parliament
this
Day
,
adjudged
Randolph
Davenport
,
Esq
for
his
Offence
in
Mis-informing
the
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
.
19
Jac.
1.
Id.
160.
Ordered
by
the
Commons
House
of
Parliament
,
That
the
Serjeant
of
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
on
Monday
Morning
next
at
Eight
of
the
Clock
;
and
the
said
Serjeant
is
in
the
mean
time
to
keep
him
so
,
as
none
be
suffer'd
to
speak
with
him
,
but
in
the
hearing
of
the
Serjeant
.
Nalson's
2
Volumes
.
Vide
Selden's
Judicature
,
&c.
Vide
Sir
Robert
Atkyns's
Argument
,
&c.
Vide
Petyt's
Preface
to
Mis.
Parliamentaria
.
Thomas
Long
gave
the
Mayor
of
Westbury
four
Pounds
to
be
elected
Burgess
,
4
Inst.
23.
Vide
Sir
d'Ewes
Jour.
182.
who
thereupon
was
elected
.
This
Matter
was
examin'd
,
and
adjudged
in
the
House
of
Commons
,
secundum
Legem
&
Consuetudinem
Parliamenti
,
and
the
Mayor
fined
and
imprisoned
,
and
Mr.
Long
removed
(
i.
e.
expelled
the
House
)
for
this
corrupt
Dealing
was
to
poison
the
very
Fountain
it self
.
See
several
Orders
and
Resolutions
of
the
House
of
Commons
against
Bribery
and
Corruption
in
electing
Members
,
&c.
in
Bohun's
Collection
of
Debates
,
&c.
pa.
28.
55.
275.
281.
340.
&c.
particularly
the
Journal
of
the
Commons
for
1701.
viz.
Mar.
6.7.13.17.18.20.30
.
April
29.
&c.
Arthur
Hall
,
Ibid.
Vid.
Sir
Simon
d'Ewes
Jour.
212.
Post
89
,
&c.
a
Member
of
the
House
of
Commons
,
for
publishing
and
discovering
the
Conferences
of
the
House
,
and
writing
a
Book
to
the
Dishonour
of
the
House
,
was
,
upon
due
Examination
,
secundum
Legem
&
Consuetudinem
Parliamenti
,
adjudged
by
the
House
of
Commons
,
to
be
committed
to
the
Tower
for
six
Months
,
Post
87.
fined
at
five
hundred
Marks
,
and
expelled
the
House
.
23
Apr.
1.
Mariae
,
Ibid.
Call'd
Marington
by
Scobel
113.
Muncton
struck
William
Johnson
,
a
Burgess
of
B.
return'd
into
the
Chancery
of
Record
;
for
which
,
upon
due
Examination
in
the
House
of
Commons
,
it
was
resolved
,
That
secundum
Legem
&
Consuetudinem
Parliamenti
,
every
Man
must
take
Notice
of
all
the
Members
of
the
House
returned
of
Record
,
at
his
Peril
:
And
the
House
adjudged
Muncton
to
the
Tower
.
Injuries
offer'd
to
the
Members
,
Scobel
113.
and
their
Servants
,
during
the
Session
,
have
been
usually
punished
by
the
House
,
upon
Complaint
.
29
Febr.
1575
,
one
Williams
,
Ibid.
Vid.
Sir
Simon
d'Ewes
Jour.
251.
Col.
2.
for
assaulting
a
Burgess
of
this
House
,
was
,
upon
Complaint
,
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
and
committed
to
the
Serjeant's
Ward
.
28
Nov.
Ibid.
1601
,
complaint
being
made
by
Mr.
Fleetwood
,
a
Member
of
the
House
,
that
one
Holland
,
a
Scrivener
,
and
one
Brooks
,
his
Servant
,
had
evil
entreated
and
beaten
the
Servant
of
the
said
Mr.
Fleetwood
,
in
his
Presence
;
they
were
both
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
and
for
the
said
Offence
,
committed
for
five
Days
to
the
Serjeant
.
12
Febr.
18.
Jac.
1
,
Mr.
Lovel
,
Ib.
114.
a
Member
of
the
House
,
informed
,
That
one
Darryel
,
threatned
his
Person
(
that
for
a
Speech
spoken
by
him
in
the
House
,
he
shou'd
be
sent
to
the
Tower
,
during
the
Parliament
,
or
presently
after
)
Darryel
was
sent
for
by
the
Serjeant
,
to
answer
it
to
the
House
,
and
upon
Testimony
of
it
,
he
was
committed
to
the
Serjeant
till
Thursday
following
,
and
then
to
acknowledge
his
Fault
,
or
to
be
committed
to
the
Tower
.
16
Junij
1604
,
Ibid.
Complaint
being
made
of
one
Thomas
Rogers
,
a
Currier
,
dwelling
in
Colemanstreet
,
for
abusing
Sir
John
Savil
,
in
slanderous
and
unseemly
Terms
(
upon
his
Proceedings
at
a
Committee
in
the
Bill
touching
Tanners
,
&c.
)
he
was
sent
for
by
the
Serjeant
at
Arms
,
to
the
Bar
,
to
answer
his
Offence
.
Sir
William
Aston
,
Rush
.
Col.
656.
Vid.
Petyt
's
Miscell
.
Parl.
108.
Acon
's
Case
.
Sheriff
of
London
,
being
examined
before
the
Committee
,
concerning
some
Matters
about
the
Customs
,
and
not
giving
that
clear
Answer
which
he
ought
,
and
as
the
House
conceived
he
might
have
done
,
was
therefore
committed
to
the
Tower
of
London
.
And
a
Question
was
made
in
the
House
,
at
that
Time
,
Whether
the
House
had
at
any
Time
before
committed
a
Sheriff
of
London
to
Prison
.
To
which
Mr.
Selden
made
Answer
,
That
he
could
not
call
to
mind
a
Precedent
of
sending
one
Sheriff
of
London
to
Prison
;
but
he
well
remembred
a
Precedent
of
sending
both
the
Sheriffs
of
London
to
the
Tower
,
and
instanced
the
Case
.
One
Trussel
,
Towns
.
Col.
20.
Vid.
Sir
Simon
d'Ewes
Jour.
438.
Col.
1.
being
in
Execution
in
one
of
the
Compter's
in
London
,
was
order'd
to
be
brought
before
the
Committee
,
with
his
Keeper
,
without
Danger
of
an
Escape
in
the
Execution
.
Note
,
the
Case
of
Mr.
W.
Montague
,
who
being
a
Prisoner
in
Execution
,
was
notwithstanding
elected
a
Burgess
for
Stockbridge
,
and
discharged
of
his
Imprisonment
by
the
House
.
See
the
Case
in
Bohun's
Collection
of
Debates
,
pa.
275.
to
281
,
where
all
the
Precedents
of
this
Kind
are
cited
at
large
.
4
Novemb.
1640
,
Scobel
16.
upon
a
Report
from
the
Committee
for
Priviledges
,
That
several
Indentures
were
returned
for
Burgesses
,
for
the
Borough
of
Bossinny
,
in
the
County
of
Cornwal
,
the
one
by
the
Mayor
of
the
Town
,
the
other
promiscuously
;
the
Committee
were
of
Opinion
,
upon
view
of
the
bare
Indenture
,
That
Sir
Charles
Harbord
(
who
was
return'd
by
the
Mayor
)
was
well
return'd
;
See
hereafter
Ch.
12.
and
13
but
the
House
declar'd
he
shou'd
not
sit
,
till
the
Election
were
decided
.
44
Eliz.
1601
,
the
Course
hath
been
,
Towns
.
Col
297.
if
the
House
hath
been
desirous
to
see
any
Record
,
the
Speaker
shou'd
send
a
Warrant
to
the
Lord
Keeper
to
grant
a
Certiorari
,
to
have
the
Record
brought
into
the
House
.
Decemb.
1641
,
Nalson
753.
ordered
,
That
Mr.
Speaker
do
write
his
Letters
to
the
Mayor
of
Berwick
,
enjoyning
him
to
require
such
Papists
,
and
suspected
Persons
as
reside
there
,
or
make
their
constant
Repair
thither
,
forthwith
to
depart
the
Town
;
and
to
tender
the
Oaths
of
Supremacy
and
Allegiance
to
such
as
shall
refuse
;
and
to
proceed
against
them
according
to
Law
;
and
to
require
him
that
a
Guard
be
kept
at
the
several
Gates
,
and
that
the
Arms
of
that
Place
be
in
Readiness
.
The
like
to
the
Mayor
of
Newcastle
,
and
of
Hull
.
The
Commons
,
Rush
.
Col.
358.
upon
Imprisonment
of
their
Members
,
and
the
Offence
taken
by
the
King
,
resolved
to
proceed
in
no
other
Business
,
till
they
were
righted
in
their
Liberties
.
See
Nalson's
Col.
p.
3.
to
21.
Dec.
1641
,
Nalson
732.
Mr.
Long
,
a
Justice
of
the
Peace
,
sent
to
the
Tower
,
for
setting
a
Guard
,
without
Consent
of
the
Parliament
.
A
Knight
,
4
Inst.
12.
Citizen
,
or
Burgess
of
the
House
of
Commons
,
cannot
by
any
Means
make
a
Proxy
;
because
he
is
elected
,
and
trusted
by
Multitudes
of
People
.
If
the
Commons
accuse
a
Commoner
of
Misdemeanors
;
Selden
's
Jud.
101.
in
such
a
State
of
Liberty
or
Restraint
as
he
is
in
,
when
the
Commons
complain
of
him
,
in
such
he
is
to
answer
.
Sir
Francis
Michel
,
Seld.
Jud.
Ibid.
and
Sir
John
Bennet
,
were
both
committed
by
the
Commons
,
before
their
Complaint
to
the
Lords
,
and
so
they
answered
as
Prisoners
;
but
that
in
a
Sort
may
be
call'd
,
Judicium
parium
suorum
.
If
the
Commons
impeach
any
Man
,
Ib.
124.
Ante
they
are
in
loco
proprio
,
and
there
no
Jury
ought
to
be
;
only
Witnesses
are
to
be
examined
in
their
Presence
,
or
they
to
have
Copies
thereof
;
and
the
Judgment
not
to
be
given
until
the
Commons
demand
it
.
The
Presence
of
the
Commons
is
necessary
at
the
Parties
Answer
,
Ib.
158.
Ante
56.
and
Judgment
in
Cases
Capital
.
Now
one
Reason
for
the
King's
Assent
,
and
the
Commons
Presence
in
such
Judgments
,
may
be
this
:
Both
King
and
People
are
to
be
satisfied
for
the
Death
of
the
Subject
;
therefore
all
Trials
for
Life
and
Death
are
publick
in
the
full
Assembly
of
the
Court
;
and
how
can
it
be
said
in
full
Parliament
,
when
the
Commons
,
one
of
the
States
,
are
absent
?
Tho
the
Commons
are
not
present
when
the
Lords
do
consider
of
the
Delinquents
Answer
,
and
the
Proofs
,
Ib.
159.
and
do
determine
of
their
Judgment
;
yet
at
their
Return
to
their
own
Assembly
,
they
consider
among
themselves
,
if
the
Proceedings
were
legal
,
and
may
come
again
,
and
shew
it
,
and
require
a
Rehearing
of
the
Cause
;
as
they
did
at
the
Judgment
of
the
Duke
of
Clarence
in
18
Ed.
3.
In
Judgments
on
Misdemeanors
,
Ib.
162.
Ante
58.
the
Presence
of
the
Commons
is
not
necessary
,
unless
they
impeach
a
Delinquent
,
prout
50
E.
3.
and
then
they
are
present
at
all
the
Answers
of
those
whom
they
impeach
,
and
are
to
demand
Judgment
.
When
the
Lords
had
determin'd
one
Part
of
the
Complaint
of
the
Commons
against
William
Ellis
(
touching
the
Wrong
done
to
certain
Scottish
Merchants
)
the
Commons
pray'd
a
general
Inquiry
might
be
made
of
the
Residue
whereof
they
complained
,
Ibid.
which
the
Lords
granted
.
When
the
Lord
Nevil
answered
,
Id.
163.
the
Commons
required
,
that
one
Richard
Love
might
be
examined
,
to
prove
that
which
the
said
Lord
deny'd
,
and
so
departed
;
but
two
of
the
Commons
remained
,
and
heard
the
Examinations
,
and
told
the
Lords
,
That
the
said
Richard
had
related
otherwise
to
the
Commons
,
the
Day
before
,
which
the
said
Richard
deny'd
.
Then
all
the
Commons
came
,
and
justify'd
it
again
,
and
thereupon
the
said
Richard
Love
confessed
it
,
and
on
their
Demands
was
committed
.
In
the
10
Rich.
2.
Ibid.
when
the
Commons
had
Impeached
the
Lord
Chancellor
,
they
were
present
at
his
Answer
,
and
so
often
reply'd
,
and
enforced
his
Oath
against
him
,
Vid.
Post
80.
and
required
him
to
be
committed
,
and
so
he
was
before
Judgment
.
If
the
Commons
do
only
complain
,
Ibid.
and
do
neither
impeach
the
Party
in
Writing
,
nor
by
Word
of
Mouth
in
open
House
,
nor
demand
Trial
to
be
in
their
Presence
:
in
these
Cases
it
is
in
the
Election
of
the
Lords
,
Whether
the
Commons
shall
be
present
,
or
not
.
Issuing
of
Quo
Warranto's
out
of
the
Court
of
King's-Bench
,
Nalson
588.
Court
of
Exchequer
,
or
any
Court
,
against
Boroughs
,
that
anciently
or
recently
sent
Burgesses
to
Parliament
,
to
shew
cause
,
why
they
sent
Burgesses
of
Parliament
,
and
all
the
Proceedings
thereupon
,
are
Coram
non
Judice
,
illegal
and
void
.
And
the
Right
of
sending
Burgesses
to
the
Parliament
,
is
questionable
in
Parliament
only
;
and
the
Occasioners
,
Procurers
,
Note
.
and
Judges
in
such
Quo
Warranto's
and
Proceedings
,
are
punishable
,
as
in
Parliament
shall
be
thought
consonant
to
Law
and
Justice
.
And
note
,
See
Bohun's
Inst.
Legalis
186.190
.
&c.
The
Practice
and
Proceedings
on
Quo
Warranto's
,
Mandamus's
,
and
some
other
Prerogative
Writs
,
seem
to
have
been
an
Invention
of
the
Judges
,
in
order
to
draw
the
Rights
and
Privileges
of
Burroughs
and
Corporations
,
as
well
as
of
the
People
under
the
Cognizance
of
B.
R.
&c.
Where
the
Articles
against
the
Delinquents
are
ex
Parte
Domini
Regis
,
Selden
's
Judicature
118.
there
the
Commons
cannot
reply
,
nor
demand
Judgment
;
for
the
Suit
is
the
King
's
,
and
not
theirs
.
In
Trewinnard's
Case
,
Id.
39.
Dyer
60
&
61.
The
Priviledge
of
the
Commons
,
is
termed
the
Priviledge
of
Parliament
;
and
the
Judgment
given
in
that
Case
by
the
House
of
Commons
,
is
there
said
to
be
,
The
Judgment
of
the
most
High
Court
of
Parliament
.
Sir
Robert
Atkyn's
Argument
,
35.
which
proves
,
they
are
not
without
a
Judicial
Power
.
The
King
cannot
take
notice
of
what
is
done
in
the
Commons
House
,
Id.
53.
or
deliver'd
to
them
,
but
by
the
House
itself
;
and
that
is
one
of
the
Laws
and
Customs
of
Parliament
.
In
31
Hen.
6.
Id.
55.
When
the
Commons
requested
the
King
and
Lords
,
to
restore
their
Speaker
to
them
,
&c.
The
Judges
being
demanded
of
their
Counsel
therein
;
See
this
Case
reported
at
large
,
in
Bohun's
Debates
in
Parliament
,
p.
276.
&c.
Ibid.
after
mature
deliberation
,
they
answer'd
,
It
was
not
their
part
to
judge
of
the
Parliament
,
which
may
judge
of
the
Law
.
The
Reason
,
to
judge
of
the
Law
,
signifies
that
they
(
the
Parliament
)
can
judge
whether
a
Law
be
good
,
or
not
;
in
order
to
approve
it
,
and
to
re-enact
it
;
or
to
repeal
a
Law
,
&c.
In
1621.
Ibid.
The
House
of
Commons
made
a
Protestation
against
all
Impeachments
,
other
than
in
their
House
,
for
any
thing
there
said
or
done
.
It
was
said
by
Mr.
Justice
Crook
,
Id.
58.
Rush
.
Col.
Vol.
1.
f.
663.
That
regularly
a
Parliament-Man
cannot
be
compelled
,
out
of
Parliament
,
to
answer
Things
done
in
Parliament
,
in
a
Parliamentary
Course
.
See
Sir
R.
Atkins's
Argument
,
per
Totum
.
If
it
be
done
in
a
Parliamentary
Course
,
what
Occasion
can
there
be
to
answer
for
it
?
But
who
shall
judge
what
is
a
Parliamentary
Course
,
but
a
Parliament
?
Not
Judges
of
the
Common
Law
;
for
the
Parliamentary
Course
differs
from
the
Rules
of
the
Common
Law
.
27
Eliz.
1584
,
ordered
,
Sir
Simon
d'Ewes
Jour
.
347
,
Col.
2.
That
the
Serjeant
of
this
House
do
forthwith
go
to
the
Common
Pleas
Bar
,
and
charge
the
Recorder
,
then
pleading
there
,
to
make
his
present
Repair
unto
this
House
for
his
Attendance
.
See
and
Note
the
Case
of
Judge
Thorp
,
Cottons
Rec.
74
and
316.
who
25
E.
3.
was
condemn'd
to
Death
,
and
to
forfeit
all
his
Lands
and
Goods
for
Bribery
,
i.
e.
receiving
20
l.
from
a
Person
who
had
a
Cause
depending
before
him
.
Note
in
the
Parliament
11
R.
2.
commonly
called
,
The
Wonder
working
Parliament
,
all
the
Judges
,
as
they
were
sitting
in
Westminster-Hall
,
were
arrested
,
&c.
by
Order
of
Parliament
.
And
the
like
happen'd
to
several
Judges
in
the
Convention
Parliament
upon
the
Revolution
;
but
Quere
if
their
Commitment
was
by
the
Lords
and
Commons
,
or
by
the
Commons
only
?
See
also
the
Journal
of
the
House
of
Commons
,
Journal
of
the
Commons
An.
1680.
Anno
1680
,
several
Orders
and
Resolutions
of
the
Commons
,
against
divers
of
the
Judges
and
others
,
for
encouraging
Addresses
,
&c.
in
Order
to
obstruct
the
Meeting
and
Sitting
of
that
Parliament
.
And
see
there
December
the
30th
,
the
following
Resolutions
of
that
House
,
viz.
-
1.
That
the
several
Writings
,
Papers
and
Proceedings
relating
to
such
Members
,
of
the
late
Long
Parliament
of
Pensioners
,
who
receiv'd
Allowances
out
of
the
Monies
appointed
for
secret
Services
,
be
produced
to
this
House
.
-
2.
(
Nem.
Contr.
)
That
no
Member
of
this
House
,
shall
accept
of
any
Office
or
Place
of
Profit
from
the
Crown
,
without
the
Leave
of
this
House
;
nor
any
Promise
of
any
such
Office
or
Place
,
during
his
being
or
continuing
a
Member
of
this
House
.
-
3.
That
all
Offenders
herein
be
expell'd
this
House
.
See
there
also
the
Report
and
Censure
of
the
the
Proceedings
of
divers
of
the
Judges
of
Westminster-Hall
,
viz.
Sir
Francis
North
,
Sir
W.
Scroggs
,
Justice
Jones
,
and
Baron
Weston
;
whereupon
the
House
came
to
the
following
Resolutions
,
viz.
-
1.
That
the
Discharge
of
the
Grand
Jury
of
the
Hundred
of
Osulston
,
in
Com.
Middx
.
by
the
Court
of
B.
R.
in
Trin.
Term
last
,
before
the
last
Day
of
the
Term
,
and
before
they
had
finished
their
Presentments
,
was
arbitrary
and
illegal
,
destructive
to
publick
Justice
,
a
manifest
Violation
of
the
Oaths
of
the
Judges
of
that
Court
,
and
a
Means
to
subvert
the
fundamental
Laws
of
the
Kingdom
,
and
to
introduce
Popery
.
-
2.
That
the
Rule
made
by
the
Court
of
B.
R.
in
Trinity
Term
last
,
against
Printing
of
a
Book
,
called
,
The
Weekly
Pacquet
of
Advice
from
Rome
,
is
illegal
and
arbitrary
;
the
Judges
thereby
usurping
to
themselves
Legislative
Power
,
to
the
great
Discouragement
of
the
Protestants
,
and
countenancing
of
Popery
.
-
3.
That
the
Court
of
King's
Bench
,
in
the
Imposition
of
Fines
on
Offenders
,
have
of
late
Years
acted
arbitrarily
,
illegally
and
partially
,
favouring
Papists
,
and
Persons
popishly
affected
,
and
excessively
oppressing
his
Majesty's
Protestant
Subjects
.
-
4.
That
the
refusing
sufficient
Bail
in
those
Cases
wherein
the
Persons
committed
were
Bailable
by
Law
,
was
illegal
,
and
a
high
Breach
of
the
Liberties
of
the
Subject
.
-
5.
That
the
Expressions
in
the
Charge
given
to
the
Grand
Jury
by
Baron
Weston
,
were
a
Scandal
to
the
Reformation
,
and
tending
to
raise
discord
between
His
Majesty
and
his
Subjects
,
and
to
the
Subversion
of
the
antient
Constitution
of
Parliaments
,
and
of
the
Government
of
this
Kingdom
.
-
6.
That
the
Warrant
mentioned
in
the
Report
(
i.
e.
for
Harry
Carrs
Commitment
,
&c.
)
was
arbitrary
and
illegal
.
And
then
follow
the
several
Resolutions
for
Impeaching
the
Judges
above-named
,
See
also
Ibid.
Jan.
3.
and
the
Articles
against
Scroggs
,
&c.
—
And
,
Jan.
4.
1680
,
resolved
(
Nem.
Cont.
)
That
such
Members
of
this
House
,
who
in
this
Time
of
imminent
Danger
,
do
absent
themselves
without
Leave
of
the
House
,
are
to
be
reputed
Deserters
of
their
Trust
,
and
Neglecters
of
that
Duty
they
owe
to
this
House
and
their
Country
.
27
Eliz.
1584
,
John
Bland
,
a
Currier
,
for
making
dishonourable
Reflections
on
the
House
of
Commons
,
brought
to
the
Bar
,
and
pardoned
upon
his
Submission
,
paying
twenty
Shillings
Fee
to
the
Serjeant
,
and
taking
the
Oath
of
Supremacy
.
Eodem
An.
Id.
368.
Col.
1.
A
Warrant
for
a
Writ
of
Priviledge
awarded
for
setting
at
Liberty
John
Pepler
,
(
Servant
to
Sir
Philip
Sidney
,
a
Member
of
this
House
)
now
Prisoner
for
Debt
in
the
Compter
in
London
.
28
,
29
Eliz.
1586
,
Id.
397.
Col.
1.
resolved
by
the
whole
Body
of
the
House
,
That
the
discussing
and
adjudging
of
Differences
about
Elections
,
only
belonged
to
the
said
House
:
That
tho
the
Lord
Chancellor
and
Judges
were
competent
Judges
in
their
proper
Courts
,
yet
they
were
not
(
Judges
)
in
Parliament
.
31
Eliz.
1588.
Id.
451.
Col.
1.
Thomas
Drury
committed
to
the
Serjeant's
Custody
,
was
brought
to
the
Bar
,
and
discharged
,
paying
his
Fees
;
for
speaking
Dishonourably
of
the
Proceedings
of
the
House
.
23
Eliz.
1580.
Ibid.
283
Col.
1.
A
Member
of
the
House
stood
Indicted
of
Felony
.
Adjudged
,
That
he
ought
to
remain
of
the
House
till
he
were
Convicted
;
for
it
may
be
any
Man's
Case
,
who
is
Guiltless
,
to
be
Accused
,
and
thereupon
Indicted
of
Felony
,
or
a
like
Crime
.
18
Eliz.
1575.
Petyt's
Miscel.
Parl.
16.18
.
Edward
Smalley
was
upon
the
Question
adjudged
by
the
House
to
be
Guilty
of
Contempt
,
and
abusing
the
House
by
fraudulent
Practise
of
procuring
himself
to
be
Arrested
upon
Execution
,
of
his
own
Assent
and
Intention
,
to
be
discharged
as
well
of
his
Imprisonment
,
as
of
the
said
Execution
.
And
Matthew
Kirtleton
adjudged
Guilty
of
Confederacy
with
the
said
Smalley
.
Whereupon
they
were
both
Ordered
to
the
Tower
.
And
the
said
Smalley
to
remain
there
for
a
Month
,
and
after
,
till
he
gave
sufficient
Assurance
for
Payment
of
a
hundred
Pounds
to
the
Creditor
,
and
forty
Shillings
for
the
Scrjeant's
Fees
.
4
Ed.
6.
Criketoft
,
Id.
96.
for
the
confederating
in
the
Escape
of
one
Floyd
,
was
committed
to
the
Tower
,
and
afterwards
difcharged
paying
his
Fees
.
1
Jac.
1.
Id.
98.
Bryan
Tash
,
a
Yeoman
of
his
Majesties
Guard
,
for
keeping
the
Door
of
the
Lobby
of
the
upper
House
against
several
Members
of
the
House
of
Commons
,
brought
to
the
Bar
of
the
House
,
and
upon
his
Submission
,
and
Confession
of
his
Fault
,
dismissed
,
paying
the
ordinary
Fees
to
the
Clerk
and
Serjeant
.
20
Jac.
1.
Id
104.
Dr.
Harris
,
for
mis-behaveing
himself
in
Preaching
,
and
otherwise
with
respect
to
Election
of
Members
of
Parliament
;
call'd
to
the
Bar
as
a
Delinquent
,
and
admonish'd
to
confess
his
Fault
there
,
and
in
the
Country
,
and
in
the
Pulpit
of
his
Parish
Church
.
3
Car.
1.
Mr.
Burgess
a
Minister
,
Id.
104.105
.
for
abusing
his
Function
in
the
Duty
of
Catechising
,
&c.
sent
for
by
a
Messenger
,
commited
to
the
Tower
,
and
upon
humble
Submission
deliver'd
.
In
the
same
Parliament
,
Id.
105.106
.
Sir
William
Wray
,
Mr.
Langton
,
Mr.
John
Trelawny
,
and
Mr.
Edward
Trelawny
,
Deputy
Lieutenants
for
Cornwal
,
for
assuming
to
themselves
a
Power
to
make
Knights
of
the
Shire
,
defaming
such
as
stood
to
be
chosen
,
sending
for
the
Train'd
Bands
,
menacing
the
Country
,
&c.
were
committed
,
some
to
the
Tower
,
some
to
the
Serjeant
,
till
they
made
a
Submission
and
Recognition
in
the
House
,
and
in
the
Country
.
In
the
same
Parliament
,
One
Levet
,
Id.
106.107
.
for
peremptorily
exercising
a
Patent
in
Time
of
Prorogation
,
which
was
adjudg'd
a
Grievance
by
the
House
in
the
last
Session
,
order'd
to
be
sent
for
by
the
Serjeant
at
Arms.
As
to
the
Powers
exercised
by
the
House
of
Commons
,
Anno
1640
,
in
restraining
the
Excesses
of
Episcopal
Jurisdiction
,
and
redressing
other
Grievances
arising
from
Ecclesiastics
.
See
Mr.
Tindal's
Translation
of
Rapin
,
vol.
2.
pa.
361.363
.
&c.
CHAP.
VIII
.
Of
the
Power
of
the
House
of
Commons
over
their
own
Members
.
See
the
precedent
Chapter
.
p.
130
&
132.
Scelel
72
THO'
Freedom
of
Speech
and
Debates
be
an
undoubted
Priviledge
of
the
House
;
yet
whatsoever
is
spoken
in
the
House
,
is
subject
to
the
Censure
of
the
House
;
and
where
they
find
cause
,
Offences
of
this
kind
have
been
severely
punish'd
;
by
Calling
the
Persons
to
the
Bar
,
to
make
Submission
;
Committing
him
to
the
Tower
,
(
the
usual
Prison
to
which
the
Commons
do
send
Delinquents
)
expelling
the
House
,
disabling
him
to
be
a
Member
during
that
Parliament
,
and
sometime
of
any
future
Parliament
.
17
Maij
1572.
Ibid.
Vide
d'Ewes
Jour
.
212.
Vid.
Petyts
Misceell
.
Parl.
12
,
13
,
&c.
Upon
sundry
Motions
made
by
divers
Members
of
the
House
,
it
was
ordered
,
That
Arthur
Hall
,
Esq
for
sundry
Speeches
used
by
him
in
the
House
,
and
abroad
,
should
be
warned
by
the
Serjeant
to
be
at
the
House
on
Monday
following
,
and
at
the
Bar
,
to
answer
Matters
charged
against
him
;
and
all
such
Persons
as
had
noted
his
Words
,
either
in
the
House
,
or
abroad
,
were
forthwith
to
meet
,
and
set
down
the
same
Words
in
Writing
,
and
deliver
the
same
to
the
Speaker
.
On
Monday
Mr.
Hall
being
brought
to
the
Bar
by
the
Serjeant
,
was
charged
with
several
Articles
,
and
confessed
his
Folly
,
and
humbly
submitted
himself
to
the
House
,
and
was
remitted
.
8
Febr.
1585.
Peter
Wentworth
,
Id
73.
Vide
Sir
Simon
d'Ewes
Journal
,
244.
Col.
1
Esq
one
of
the
Burgesses
for
Tregony
in
the
County
of
Cornwal
,
was
,
for
violence
and
wicked
Words
uttered
by
him
in
the
House
touching
the
Queen
,
sequester'd
;
and
being
brought
to
the
Bar
by
the
Serjeant
(
to
whom
he
was
committed
)
received
this
Judgment
by
the
Mouth
of
the
Speaker
,
That
he
shou'd
be
committed
close
Prisoner
to
the
Tower
,
till
the
House
take
further
Consideration
concerning
him
.
4
Febr.
1580.
Id
74
,
75
Vide
Sir
Simon
d'Ewes
Jour
.
296
,
297
,
298.
Vid.
Petyts
Miscell
.
Par.
a.
p.
20
ad
p.
63.
Ante
71.
23
Eliz.
Complaint
was
made
in
the
House
against
Arthur
Hall
,
Esq
(
spoken
of
before
)
who
had
caus'd
a
Book
to
be
Printed
,
wherein
were
published
the
Conferences
of
the
House
;
and
in
it
was
contained
Matter
of
Reproach
against
some
particular
Members
of
the
House
,
derogatory
to
the
General
Authority
,
Power
and
State
of
the
House
,
and
prejudicial
to
the
Validity
of
the
Proceedings
of
the
same
.
The
Matter
was
referr'd
to
a
Committee
to
examine
;
and
upon
Report
thereof
,
and
bringing
Mr.
Hall
to
the
Bar
several
Times
to
Answer
,
he
was
sentenced
by
the
House
to
be
committed
to
the
Tower
(
as
the
Prison
to
this
House
)
there
to
remain
for
the
space
of
six
Months
,
and
so
much
longer
,
as
until
he
shou'd
himself
willingly
make
a
Retraction
of
the
said
Book
,
to
the
satisfaction
of
the
House
,
or
of
such
Order
as
the
House
shou'd
make
during
that
Session
.
That
the
said
Arthur
Hall
shou'd
be
fined
to
the
Queen
Five
hundred
Pounds
for
his
said
Offence
:
That
he
shou'd
be
presently
severed
and
cut
off
from
being
a
Member
of
this
House
,
during
this
Parliament
,
and
a
Writ
to
Issue
for
Election
of
a
new
Burgess
for
the
Borough
of
Grantham
in
his
stead
:
Vide
post
.
143.
and
Bohun's
Coll.
That
the
said
Book
shou'd
be
deemed
and
adjudged
False
and
Erroneous
.
Thereupon
the
said
Mr.
Hall
was
brought
to
the
Bar
,
to
whom
Mr.
Speaker
,
in
the
Name
of
the
whole
House
,
pronounced
the
said
Judgment
,
in
Form
aforesaid
,
and
the
Serjeant
was
commanded
to
take
Charge
of
him
,
and
to
convey
him
to
the
Tower
,
and
deliver
him
to
the
Lieutenant
of
the
Tower
,
by
Warrant
of
this
House
,
to
be
signed
by
the
Speaker
.
Note
,
Ibid.
It
appeareth
by
the
Journal
21
Nov.
1586.
That
he
was
disabled
for
ever
to
serve
in
Parliament
Quere
post.
141.146
.
17
Dec.
1584.
27
Eliz.
Id.
76.
Vide
Sir
Simon
d'Ewes
Jour
.
340.341
,
342.
A
Bill
against
Jesuits
and
Seminary
Priests
pass'd
upon
the
Question
.
Dr.
Parry
only
gave
a
Negative
,
and
after
inveighed
in
violent
Speeches
against
the
whole
Bill
;
affirming
it
to
savour
of
Treason
,
to
be
full
of
Blood
,
Danger
,
Despair
,
and
Terror
or
Dread
to
the
English
Subjects
of
this
Realm
,
our
Brethren
,
Uncles
,
and
Kinsfolks
.
Upon
which
he
was
sequestred
from
the
House
into
the
outer
Room
,
into
the
Hands
of
the
Serjeant
,
and
not
to
confer
with
any
,
while
the
House
was
in
Debate
of
that
Business
.
Afterward
he
was
brought
to
the
Bar
,
and
there
kneeling
,
he
was
told
by
the
Speaker
,
If
he
thought
fit
,
the
House
was
content
to
hear
his
Reasons
;
but
he
refusing
,
was
committed
to
the
Serjeant's
Ward
.
The
next
Day
he
was
brought
to
the
Bar
,
and
kneeling
,
confessed
he
had
unduly
behaved
himself
,
and
had
rashly
and
unadvisedly
uttered
those
Speeches
he
had
used
,
and
was
with
all
his
Heart
very
sorry
for
it
;
alledging
withal
,
he
had
never
been
of
the
House
till
that
Session
,
and
so
could
not
so
well
know
the
Orders
of
the
House
,
as
he
shou'd
do
,
and
that
he
would
not
henceforth
willingly
offend
the
House
,
nor
any
one
Man
in
it
,
and
so
humbly
prayed
their
good
Favour
toward
him
.
Whereupon
being
again
sequestred
out
of
the
House
,
after
some
Arguments
and
Debates
it
was
resolved
,
upon
this
Acknowledgement
of
his
Fault
,
and
his
humble
Submission
,
he
shou'd
be
received
into
this
House
again
,
as
a
Member
thereof
,
and
take
his
Place
,
as
before
,
so
that
he
would
still
afterward
behave
himself
in
good
sort
,
as
he
ought
to
do
;
and
thereupon
being
call'd
again
to
the
Bar
,
and
there
Kneeling
,
and
directly
reiterating
his
former
Confession
of
his
Fault
,
and
humble
Submission
,
with
promise
of
better
Demeanor
,
he
was
admitted
.
18
Febr.
1584.
Sir
Simon
d'Ewes
Jour
352.
Col.
2
27
Eliz.
Upon
a
Motion
by
Mr.
Diggs
,
That
the
same
Dr.
Parry
,
a
late
unworthy
Member
of
this
House
,
and
now
Prisoner
in
the
Tower
,
hath
since
his
Submission
and
Reconcilement
,
so
mis-behaved
himself
as
deserveeth
the
said
Imprisonment
:
Resolved
by
the
House
,
That
he
be
disabled
to
be
any
longer
a
Member
of
this
House
,
and
that
a
Warrant
be
directed
for
choosing
another
Burgess
in
his
stead
.
18
Jac.
1.
Sir
Giles
Mompesson
,
for
being
a
[
](A54632-e40270-b)*
*
Vid.
Post
Conysby's
Case
.
Monopolist
,
and
for
other
great
and
insufferable
Crimes
by
him
Committed
,
to
the
Abuse
of
his
Majesty
,
and
grievous
Oppression
of
the
Subjects
;
was
turn'd
out
of
the
House
,
committed
to
the
Tower
,
and
after
Impeached
before
the
Lords
,
who
gave
Judgment
upon
him
.
-
1.
Petyt's
Miscel.
Par.
91
,
92
To
be
degraded
of
the
Order
of
Knighthood
.
-
2.
To
stand
perpetually
in
the
degree
of
a
Person
Out-lawed
for
Misdemeanors
and
Trespasses
.
-
3.
His
Testimony
never
to
be
received
in
any
Court
,
nor
to
be
of
any
Inquisition
or
Jury
.
-
4.
To
be
excepted
out
of
all
General
Pardons
.
-
5.
That
he
should
be
Imprisoned
during
his
Life
.
-
6.
Not
to
approach
within
twelve
Miles
of
the
Courts
of
the
King
,
or
Prince
,
nor
at
the
King
's
High
Court
usually
held
at
Westminster
.
-
7.
That
the
King
should
have
the
profits
of
his
Land
for
Life
,
and
all
his
Goods
and
Chattels
.
-
8.
That
he
should
be
fined
at
10,000
l.
-
9.
He
was
also
disabled
to
hold
or
receive
any
Office
under
the
King
,
or
for
the
Common-wealth
.
-
10.
And
lastly
,
Ever
to
be
held
an
infamous
Person
.
19
Jac.
1.
Sir
John
Bennet
,
Id.
92.
for
receiving
Bribes
,
&c.
Ordered
by
the
Commons
House
to
be
safely
kept
by
the
Sheriffs
of
London
;
to
be
put
out
,
and
no
longer
continue
a
Member
of
the
House
;
and
a
Warrant
for
a
Writ
for
a
new
choice
.
In
the
same
Parliament
,
Id.
93.
Sir
Robert
Floyd
,
for
being
a
Projector
of
a
Patent
for
a
Monopoly
;
resolved
una
voce
,
That
he
was
a
Person
unworthy
to
continue
a
Member
of
this
House
,
and
adjudged
presently
to
be
put
out
.
3
Car.
1.
Id.
94
,
95.
Mr.
John
Barbour
,
Recorder
of
Wells
,
for
subscribing
a
Warrant
for
the
Quartering
of
Soldiers
;
suspended
the
House
,
and
sequestred
,
till
the
Pleasure
of
the
House
be
known
.
13
Febr.
1606.
Id.
77
,
78.79
.
Upon
a
Report
made
in
the
House
of
the
Remembrances
formerly
set
down
of
the
Particulars
of
a
Conserence
;
the
Speaker
offering
to
read
the
Paper
,
and
being
interrupted
by
some
Motions
,
and
Disputes
,
Whether
they
shou'd
be
read
one
by
one
,
and
so
debated
,
or
all
at
once
:
In
that
Difference
,
one
of
the
Knights
for
Bucking
hamshire
,
with
a
loud
Voice
(
not
standing
up
Bare-Headed
,
as
the
Order
is
)
pressed
to
have
them
Read
.
The
House
observing
his
earnestness
,
and
manner
of
Sitting
and
Calling
,
for
Order's
sake
,
urged
him
to
stand
up
,
and
speak
:
He
stood
up
,
and
pretending
to
offer
some
Reasons
,
fell
into
an
Invictive
against
the
Scots
,
much
distasting
the
House
;
yet
out
of
a
common
Care
to
expedite
the
weighty
Business
then
in
Hand
,
his
Speech
was
neglected
,
without
Tax
or
Censure
.
But
on
Monday
following
it
was
remembred
,
and
his
Words
of
Offence
recited
in
particular
:
The
Gentleman
being
absent
,
was
sent
for
by
the
Serjeant
.
The
Serjeant
having
brought
the
Offender
,
it
was
moved
he
might
be
heard
at
the
Bar
,
which
was
assented
to
,
and
after
he
had
spoken
,
he
was
commanded
to
retire
;
and
not
long
after
was
call'd
in
again
to
the
Bar
,
where
Kneeling
,
Mr.
Speaker
acquainted
him
,
Since
the
Offence
was
so
apparently
heinous
,
the
House
did
not
hold
it
fit
that
any
Particulars
shou'd
be
named
,
or
to
give
any
Reason
of
their
Judgment
;
but
the
Order
was
,
That
he
shou'd
be
carry'd
to
the
Prison
of
the
Tower
,
and
there
remain
,
during
the
Pleasure
of
the
House
;
and
that
he
shou'd
be
dimiss'd
from
his
Place
of
Knight
of
the
Shire
for
Bucks
,
and
a
new
Writ
to
issue
for
a
new
Choice
.
15
Febr.
18
Jac.
1.
Id.
79.
A
Bill
being
read
the
second
Time
,
for
the
better
Observation
of
the
Sabbath
,
one
of
the
Members
made
an
Invective
against
it
,
and
something
which
seem'd
to
reflect
on
a
Member
of
the
House
,
who
presented
it
,
as
favouring
a
Puritan
,
and
factious
Spirit
;
Exceptions
were
taken
at
the
Words
.
After
he
had
explained
himself
,
he
was
ordered
o
withdraw
out
of
the
House
;
and
Debate
being
had
,
he
was
call'd
to
the
Bar
,
and
upon
his
Knees
he
received
the
Judgment
of
the
House
pronounced
by
the
Speaker
,
That
he
should
be
discharged
from
the
Service
of
the
House
;
with
an
Intimation
that
his
Judgment
was
very
merciful
,
for
that
the
House
might
,
for
so
exorbitant
an
Offence
,
have
Imprison'd
,
and
further
punish'd
him
.
3
Apr.
1604.
Id.
80.
In
a
Debate
upon
a
Bill
,
a
Member
of
the
House
utter'd
some
Speeches
highly
distasting
the
House
;
but
no
Notice
was
taken
of
it
till
the
Bill
was
Committed
;
and
then
the
Words
being
repeated
,
he
was
call'd
to
the
Bar
,
where
he
made
his
Excuse
,
and
was
Pardon'd
.
26
Apr.
1641.
Ibid.
Great
Offence
was
taken
by
the
House
,
at
Words
spoken
by
Mr.
J.
H.
He
was
first
heard
to
explain
himself
,
and
then
commanded
to
withdraw
;
and
was
call'd
to
the
Bar
,
and
suspended
the
House
,
during
that
Session
of
Parliament
.
27
Maij
1641.
Ibid.
A
Paper
was
brought
in
,
containing
Words
spoken
by
Mr.
Taylor
a
Member
of
the
House
,
concerning
the
Passing
the
Bill
of
Attainder
of
the
Earl
of
Strafford
;
who
being
heard
to
explain
himself
,
and
then
commanded
to
withdraw
;
after
some
Debate
in
the
House
,
it
was
Resolved
,
That
he
should
be
expell'd
the
House
,
Anto
139.
be
made
uncapable
of
ever
being
a
Member
of
this
House
,
and
should
forthwith
be
committed
Prisoner
to
the
Tower
,
there
to
remain
,
during
the
Pleasure
of
the
House
,
and
to
make
an
acknowledgment
of
his
Offence
,
both
at
the
Bar
and
at
Windsor
publickly
.
And
he
was
call'd
to
the
Bar
,
and
there
Kneeling
,
Mr.
Speaker
pronounced
the
Sentence
accordingly
.
13
Maij
,
12
Jac.
1.
Id.
82.
Complaint
was
made
,
that
some
Indignities
were
offer'd
to
Sir
R.
Owen
,
when
he
was
in
the
Chair
at
the
Committee
(
about
the
Bill
for
the
due
Observation
of
the
Sabbath
Day
)
by
Sir
W.
H.
who
told
him
,
He
was
Partial
;
and
by
Sir
R.
K.
who
took
him
by
the
Hand
,
and
told
him
,
He
would
pull
him
out
of
the
Chair
,
that
he
should
put
no
more
Tricks
upon
the
House
.
Sir
W.
H.
being
present
,
made
an
Acknowledgment
of
his
Error
,
which
upon
the
Question
was
taken
for
a
good
Satisfaction
.
Sir
R.
K.
was
ordered
by
the
House
to
Acknowledge
his
Error
at
the
Bar.
19
Jac.
1.
Ibid.
Some
Speeches
passing
in
the
House
privately
between
two
Members
,
and
some
Offence
taken
,
which
seems
was
not
intended
to
be
given
;
one
of
them
in
going
down
the
Parliament-Stairs
,
struck
the
other
;
who
thereupon
catch'd
at
a
Sword
in
his
Mans
Hand
to
strike
with
it
.
Upon
Complaint
made
of
it
to
the
House
,
they
were
both
order'd
to
attend
the
House
;
being
come
,
he
who
gave
the
Blow
was
call'd
in
,
and
standing
(
not
at
the
Bar
,
but
)
by
the
Bar
,
was
Examin'd
by
Mr.
Speaker
,
confessed
the
giving
the
Blow
,
insisted
on
the
Provocation
,
and
withdrew
:
The
other
was
also
call'd
in
to
relate
the
Truth
.
After
he
had
made
the
Relation
,
and
was
likewise
withdrawn
,
and
Testimony
given
by
a
Member
of
the
House
,
who
heard
the
Words
;
the
House
proceeded
to
Sentence
against
Mr.
C.
who
struck
the
Blow
.
He
being
brought
to
the
Bar
,
there
on
his
Knees
he
received
Judgment
,
which
was
pronounced
by
the
Speaker
,
That
he
should
be
committed
to
the
Tower
,
during
the
Pleasure
of
the
House
.
1626.
Nalson's
Introduction
61.
2
Nalson
513
Mr.
Moor
sent
to
the
Tower
for
speaking
out
of
Season
.
Novemb.
1641.
Ordered
,
That
Mr.
Fitz-Williams
Conisby
,
shall
be
Expell'd
this
House
,
he
being
a
Monopolist
,
and
that
the
Speaker
issue
out
a
Warrant
to
the
Clerk
of
the
Crown
for
a
Writ
for
a
new
Election
for
a
Member
to
serve
for
the
County
of
Hertford
in
his
Place
.
Mr.
Hugh
Benson
,
Id.
596.
a
Member
of
the
House
,
having
granted
many
Protections
for
Money
,
taking
for
some
sixteen
,
seventeen
,
forty
shillings
,
and
twenty
for
ten
shillings
a
piece
.
Resolved
upon
the
Question
,
That
Mr.
Hugh
Benson
,
is
unworthy
and
unfit
to
be
a
Member
of
this
House
,
and
shall
sit
no
longer
as
a
Member
of
this
House
.
That
he
be
forthwith
sent
for
as
a
Delinquent
,
by
the
Serjeant
at
Arms
attending
on
this
House
.
Mr.
Jervase
Hollis
,
Id.
710.
Expell'd
the
House
for
a
Speech
(
made
with
great
strength
of
Reason
and
Courage
,
but
more
Heat
than
the
Times
would
bear
)
was
restored
to
his
Place
,
to
sit
as
a
Member
of
the
House
of
Commons
.
Sir
William
Widdrington
,
Id.
27●
.
and
Sir
Herbert
Price
,
sent
to
the
Tower
,
for
bringing
in
Candles
against
the
Desire
of
the
House
.
23
Eliz.
1580.
Sir
Simon
d'Ewes
Jour
.
309.
Col.
2.
Order'd
and
Resolved
by
the
House
,
That
every
Knight
for
the
Shire
that
hath
been
Absent
this
whole
Session
of
Parliament
,
without
Excuse
allow'd
by
this
House
,
shall
have
a
Fine
set
upon
him
to
her
Majesties
use
;
and
upon
every
Citizen
and
Burgess
for
the
like
,
ten
Pounds
.
1
Jac.
1.
1603.
Mr.
Lawrence
Hide
,
Petyt's
Miscel.
Parl:
147.
(
pretending
Business
of
his
Clients
,
&c.
)
made
known
to
the
House
,
That
he
would
goe
out
of
Town
,
and
so
took
his
Leave
in
open
Audience
,
without
the
Assent
or
Leave
of
the
House
,
which
was
Taxed
(
Censured
)
by
the
House
,
and
Mr.
Speaker
ordered
to
write
to
him
.
It
was
also
moved
and
Resolved
,
Ib.
149.
That
Mr.
Speaker
should
write
another
Letter
to
other
Lawyers
being
gone
down
in
the
same
Circuit
where
Mr.
Lawrence
Hide
was
,
advising
them
to
Return
and
attend
the
House
.
Hither
may
be
referred
,
The
Case
of
the
several
Lawyers
,
Members
of
the
House
,
March
173.4
.
&c.
Committed
by
the
House
,
for
appearing
as
Council
in
the
Case
of
Ashby
and
White
,
touching
the
Election
for
Aylesbury
in
the
County
of
Bucks.
12.
Mar.
1694.
Bolun's
Col.
of
Debates
,
&c.
p.
331.
and
See
there
p.
354.
Mr.
Hungerford
expell'd
for
a
like
Cause
.
Resolved
by
the
House
,
That
Sir
John
Trevor
,
Speaker
of
this
House
,
in
receiving
a
Gratuity
of
one
thousand
Guineas
from
the
City
of
London
,
after
passing
of
the
Orphans
Bill
,
is
guilty
of
a
High
Crime
and
Misdemeanor
.
And
a
few
Days
after
he
was
only
Expelled
the
House
;
too
mild
a
Punishment
for
so
flagrant
a
Crime
!
King
Edw.
3.
would
have
Hang'd
him
as
well
as
Judge
Thorp
:
But
Times
change
by
great
Examples
.
And
we
have
seen
greater
Crimes
since
Escape
scot
Free
.
CHAP.
IX
.
Concerning
Elections
of
Members
.
Vid.
of
this
Matter
,
Lit.
rep.
327.8.9.30
.
&c.
5
R.
2
St.
2.
c.
4.
ALL
Persons
and
Commonalties
who
shall
be
summon'd
to
the
Parliament
,
shall
come
,
as
hath
been
accustomed
of
old
Time
,
and
he
that
cometh
not
,
having
no
reasonable
Excuse
,
shall
be
amerced
,
and
otherwise
punish'd
.
The
King
sendeth
Writs
to
the
Sheriffs
of
every
Shire
,
Arc.
Parl.
4.
Vide
the
Form
of
the
Writ
.
Sir
Simon
d'Ewes
Jour.
37.
to
admonish
the
whole
Shire
to
choose
two
Knights
of
the
Parliament
,
in
the
Name
of
the
Shire
,
to
hear
,
and
reason
,
and
to
give
their
Advice
and
consult
in
the
Name
of
the
Shire
,
and
to
be
present
at
the
Day
.
At
every
County
,
Hakewel
47.
Vide
Crompton's
Juris.
3.
after
the
Delivery
of
the
Parliament
Writ
to
the
Sheriffs
,
Proclamation
shall
be
made
in
the
full
County
,
of
the
Day
and
Place
of
the
Parliament
;
and
that
all
Men
shall
attend
for
the
Election
of
the
Knights
for
the
same
County
for
that
Parliament
.
Where
the
Parliament
Writ
speaks
de
qualibet
Civitate
Comitatus
illius
,
Arc.
Parl.
22.
Vide
Cromp.
3.
this
is
intended
where
the
City
is
not
a
County
in
it self
.
If
it
be
,
the
Writ
shall
be
directed
to
them
,
&c.
as
it
is
to
Sheriffs
of
other
Countries
.
28
Eliz.
1586
,
Sir
Simon
d'Ewes
Jour.
396.397
.
resolved
,
That
the
House
of
Commons
are
the
only
competent
Judges
concerning
Elections
,
which
are
duly
made
,
and
which
not
.
18
Jac.
1
,
Petyt
's
Miscell
.
Parl.
111.
The
Mayor
of
Winchelsey
,
for
mis-behaving
himself
at
the
Election
of
Parliament
Men
for
that
Town
,
and
making
a
false
Return
,
ordered
to
be
committed
to
the
Serjeant
,
and
to
make
a
Submission
at
the
Bar
,
and
an
Acknowledgment
in
the
Town
,
before
the
new
Election
.
20
Jac.
1
,
Id
112.
The
Mayor
of
Arundel
,
for
mis-behaving
himself
in
the
Election
,
by
putting
the
Town
to
a
great
deal
of
Charges
,
not
giving
a
due
and
general
Warning
,
and
packing
a
Number
of
Electors
;
ordered
to
be
sent
for
,
and
adjudged
to
pay
the
Charge
to
be
set
down
by
three
of
the
Members
.
Likewise
to
every
City
and
Town
,
Arc.
Parl.
4.
Smith's
Common-wealth
,
76
which
of
antient
Time
hath
been
wont
to
find
Burgesses
of
the
Parliament
,
so
to
make
Election
of
their
Members
,
that
they
might
be
present
there
at
the
first
Day
of
the
Parliament
.
In
7
Hen.
4
,
4
Inst
10.
2
Inst.
169
it
is
enacted
,
That
Elections
shou'd
be
freely
and
indifferently
made
,
notwithstanding
any
Prayer
or
Commandment
to
the
contrary
,
sine
Praece
,
vel
Pretio
without
any
Prayer
or
Gift
,
and
sine
Praecepto
,
without
Command-the
King
by
Writ
,
or
otherwise
,
or
of
any
other
.
The
King
,
de
advisamento
Concilii
,
4
Inst.
4.
resolving
to
have
a
Parliament
,
doth
out
of
the
Court
of
Chancery
send
out
Writs
of
Summons
,
at
the
least
forty
Days
before
the
Parliament
begin
.
The
third
Estate
is
the
Commons
of
the
Realm
,
4
Inst.
1.
Crompton's
Juris.
2.
whereof
there
be
Knights
of
the
Shires
,
or
Counties
;
Citizens
of
Cities
,
and
Burgesses
of
Boroughs
.
All
which
are
respectively
elected
by
the
Shires
or
Counties
,
Cities
and
Boroughs
,
by
Force
of
the
King
's
Writ
,
ex
debito
Justitiae
,
and
none
of
them
ought
to
be
omitted
.
These
represent
all
the
Commons
of
the
whole
Realm
,
are
entrusted
for
them
,
Ibid.
and
are
in
Number
at
this
Time
,
now
558
,
viz.
513
for
England
,
and
45
for
Scotland
.
Whosoever
is
not
a
Lord
of
Parliament
,
Id.
2.
and
of
the
Lord's
House
,
is
of
the
House
of
Commons
,
either
in
Person
,
or
by
Representation
,
partly
coagmentative
,
and
partly
representative
.
Every
Member
of
the
House
being
a
Counsellor
for
the
Kingdom
,
Id.
3.
shou'd
have
three
Properties
;
First
,
to
be
without
Malice
or
Envy
.
Secondly
,
to
be
constant
and
inflexible
,
Thirdly
,
to
be
of
ripe
and
perfect
Memory
,
as
appeareth
in
Parliament
Roll
,
Rot.
Parl.
3
H.
6.
n.
3.
The
Knights
of
the
Shire
are
chosen
by
all
the
Gentlemen
and
Yeomen
(
i.
e.
Freeholders
)
of
the
Shire
,
Arc.
Parl.
5.
Smith's
Common-wealth
,
77.
present
at
the
Day
assign'd
for
the
Election
:
The
Voice
of
any
absent
is
to
be
counted
for
none
.
Concerning
the
Writs
for
summoning
the
Knights
and
Burgesses
;
and
the
Return
of
the
Sheriff
thereupon
Vide
Crompton's
Juris.
1.2
.
Every
Englishman
is
intended
to
be
there
present
,
Arc.
Parl.
3.
either
in
Person
,
or
by
Procuration
and
Attorney
;
and
the
Consent
of
the
Parliament
is
taken
to
be
every
Man's
Consent
.
These
meeting
at
one
Day
,
Id.
10.
Smith's
Common-wealth
,
77.
the
two
who
have
most
of
their
Voices
,
are
chosen
Knights
of
the
Shire
for
that
Parliament
.
Likewise
by
the
Plurality
of
the
Voices
of
the
Citizens
and
Burgesses
,
the
Citizens
and
Burgesses
are
elected
.
The
Election
ought
to
be
in
full
County
,
4
Inst.
48.
between
Eight
and
Nine
(
says
the
Statute
of
23
Hen.
6.
c.
15.
)
No
Election
can
be
made
of
any
Knight
of
the
Shire
,
but
between
Eight
and
Eleven
of
the
Clock
in
the
Forenoon
,
says
the
Lord
Coke
.
But
if
the
Election
be
begun
within
the
Time
,
and
cannot
be
determined
within
those
Hours
,
the
Election
may
be
made
after
.
Any
Election
or
Voices
given
,
Id.
49.
before
the
Precept
be
read
and
published
,
are
void
and
of
no
Force
;
for
the
same
Electors
,
after
the
Precept
read
and
published
,
may
make
a
new
Election
,
and
alter
their
Voices
,
Secundum
Legem
&
Consuetudinem
Parliamenti
.
For
the
Election
of
the
Knights
,
Id.
48.
if
the
Party
or
Freeholders
demand
the
Poll
,
the
Sheriff
cannot
deny
the
Scrutiny
,
for
he
cannot
discern
who
be
Freeholders
by
the
View
;
and
tho
the
Party
would
wave
the
Poll
,
yet
the
Sheriff
must
proceed
in
the
Scrutiny
.
The
Knights
shall
be
returned
into
Chancery
by
Indenture
seal'd
betwixt
the
Sheriff
and
the
Choosers
of
Knights
for
the
Parliament
.
St.
8
H.
6.
c.
7.
7
H.
4.
c.
1.
23
H.
6.
c.
15.
Vide
Crompton's
Juris.
3.
2
Nalson
870.
Jan.
1641
,
in
the
Case
of
Mr.
Downs
,
return'd
a
Burgess
for
Arundel
,
order'd
,
That
he
be
presently
sworn
and
admitted
as
a
Member
into
the
House
,
until
such
Time
as
the
Election
be
determin'd
.
A
Burgess
elected
for
two
several
Boroughs
,
Sir
Simon
d'Ewes
Jour
.
430
,
622.
&
passim
.
Petyt
's
Miscel
.
Parliament
.
112
,
113.
may
choose
for
which
he
will
serve
.
21
Jac.
1
,
Edward
Ingry
,
Under-Sheriff
of
Cambridgeshire
,
for
refusing
the
Poll
(
declaring
that
Sir
Thomas
Steward
promised
to
defend
him
against
Sir
John
Cutts
)
was
brought
to
the
Bar
,
and
kneeling
upon
his
Knees
,
adjudg'd
to
be
committed
to
the
Serjeant's
Custody
,
and
to
make
a
Submission
at
the
Bar
,
and
at
the
next
Quarter-Sessions
,
and
to
acknowledge
his
Faults
.
3
Car.
1
,
Id.
113.
to
120.
Thomson
,
Sheriff
of
York
,
for
his
hasty
and
precipitate
Judgment
of
an
Election
,
and
denying
the
Poll
,
being
requir'd
;
and
Alderman
Henlow
for
advising
and
abetting
the
same
;
adjudged
to
stand
committed
to
the
Serjeant
during
Pleasure
,
to
acknowledge
their
Offences
at
the
Bar
,
to
pay
all
due
Fees
,
to
defray
the
Charge
of
Witnesses
,
to
be
assessed
by
four
of
the
Committee
,
to
acknowledge
their
Faults
on
their
Knees
at
the
Bar
,
and
to
read
a
Submission
.
After
the
Precept
of
the
Sheriff
directed
to
the
City
or
Borough
for
making
an
Election
;
Id.
49.
there
ought
,
secundum
Legem
&
Consuetudinem
Parliamenti
,
to
be
given
a
convenient
Time
for
the
Day
of
Election
,
and
sufficient
Warning
given
to
the
Citizens
and
Burgesses
that
have
Voices
,
that
they
may
be
present
;
otherwise
the
Election
is
not
good
,
unless
such
as
have
Voices
do
take
Notice
of
themselves
,
and
be
present
at
the
Election
.
When
there
is
a
Corporation
made
by
Charter
;
Hobart
15.
Dungannon
's
Case
in
Ireland
.
and
by
the
same
an
Ordinance
,
that
the
Provost
and
Burgesses
only
shall
choose
,
&c.
the
Law
shall
vest
this
Priviledge
in
the
whole
Corporation
in
mandment
of
Point
of
Interest
,
tho
the
Execution
of
it
be
committed
to
some
Persons
,
Members
of
the
same
Corporation
.
The
King
cannot
grant
a
Charter
of
Exemption
to
any
Man
,
4
Inst.
49.
to
be
freed
from
Election
of
Knight
,
Citizen
,
or
Burgesses
of
Parliament
(
as
he
may
do
of
some
inferior
Office
or
Places
)
because
the
Election
of
them
ought
to
be
free
,
and
his
Attendance
is
for
the
Service
of
the
whole
Realm
,
and
for
the
Benefit
of
the
King
and
his
People
;
and
the
whole
Common-wealth
hath
an
Interest
therein
.
18
Eliz.
1575
,
resolved
,
Sir
Simon
d'Ewes
,
244.
Col.
2.
Vide
contra
Sir
Simon
d'Ewes
Jour.
281
,
282.
That
any
Person
being
a
Member
of
the
House
,
and
being
either
in
Service
of
Ambassage
,
or
else
in
Execution
,
or
visited
with
Sickness
,
shall
not
in
any
wise
be
amoved
from
their
Place
in
this
House
,
nor
any
other
to
be
,
during
such
Time
of
Service
,
Execution
,
or
Sickness
,
elected
.
Nota
Bene
,
By
the
Claim
of
Right
,
St.
1.
W.
&
M.
Ses.
2.
c.
2.
made
on
the
Abdication
of
King
James
the
2d
,
it
was
declared
,
That
all
Elections
of
Members
to
Parliament
,
ought
to
be
free
;
and
t
was
enacted
accordingly
.
See
the
Statute
,
and
also
the
following
Chapter
.
CHAP.
X.
Who
may
be
Electors
.
ELectors
are
to
attend
to
Elect
Knights
of
the
Shires
,
Knights
of
the
Shire
.
St.
7.
H.
4.
c.
15.
on
Proclamation
to
be
made
at
the
next
County
Court
,
after
the
Delivery
of
the
Writ
to
the
Sheriff
,
and
to
proceed
to
(
in
)
the
Election
freely
and
indifferently
,
notwithstanding
any
Command
to
the
contrary
.
Electors
of
such
Knights
,
Ibid.
&
St
8.
H
6
c.
7
after
the
Election
to
seal
an
Indenture
,
containing
the
manner
of
the
Persons
chosen
,
which
is
to
be
annexed
to
the
Writ
,
and
be
the
Sheriffs
Return
,
and
none
to
Elect
who
cannot
Expend
40
s.
by
the
Year
.
Electors
of
Knights
of
the
Shires
,
St.
1
H.
5.
c.
1.
8.
H.
6.
c.
7.
10.
H.
6.
c.
2.
to
be
only
of
such
Persons
as
are
resiant
and
dwelling
within
the
said
Shire
at
the
Date
of
the
Writ
.
No
Person
shall
be
an
Elector
of
the
Knights
for
the
Parliament
,
St.
8.
H.
6.
c.
7.
10.
H.
6.
c
1
,
33.
H.
8
c.
1.
in
Ireland
.
except
he
hath
Freehold
Lands
or
Tenements
within
the
same
County
,
to
the
value
of
Forty
Shillings
per
Annum
at
the
least
,
above
all
Charges
.
The
Sheriff
hath
Power
given
him
by
the
said
Statute
to
examine
upon
Oath
every
such
Chooser
,
how
much
he
may
expend
by
the
Year
,
Crompt
.
Jurisdict.
3.
if
he
doubt
the
value
of
it
.
Every
Freeholder
(
electing
such
Knights
)
to
be
Sworn
before
admitted
to
Poll
,
if
so
required
by
any
Candidate
,
St.
7.8
.
W.
3
c.
25.
St.
10.
A.
c.
23.
The
Free-holder's
Oath
.
See
the
Candidate's
Oath
.
c.
10
and
the
Oaths
of
Allegiance
and
Supremacy
,
&c.
post
.
and
this
Oath
altered
10
Annae
infra
or
other
Person
that
hath
Right
to
Elect.
Note
,
the
said
Oath
by
Sta.
10
Annae
is
thus
.
You
shall
Swear
that
you
are
a
Freeholder
within
the
County
of
—
and
have
Freehold
Lands
or
Hereditaments
,
lying
,
or
being
at
—
in
the
County
of
—
of
the
yearly
value
of
40
s.
above
all
Charges
,
payable
out
of
the
same
;
and
that
such
Freehold
Estate
hath
not
been
made
,
or
granted
to
you
fraudulently
,
on
purpose
to
qualifie
you
to
give
your
Vote
,
and
that
the
Place
of
your
Aboad
is
at
—
in
(
the
County
)
—
and
that
you
have
not
Polled
before
at
this
Election
.
—
So
help
you
God
.
Trustees
or
Mortgagees
,
St.
7.8
.
W.
3.
c.
25.
are
not
to
be
Electors
unless
in
Possession
,
or
Receive
the
Rents
of
the
Estate
;
but
the
Mortgagor
or
Person
to
whose
use
the
Trust
is
may
.
Conveyances
of
Houses
,
Lands
,
Ibid.
&c.
in
Parcels
to
several
Persons
,
in
order
to
multiply
Votes
to
be
Void
;
and
no
more
than
one
Vote
admitted
for
one
Tenement
,
nor
any
to
be
an
Elector
under
21
Years
.
That
Persons
refusing
the
Oaths
,
St.
7.8
.
W.
3.
c.
27.
that
or
being
Quakers
,
subscribing
the
Declaration
of
Fidelity
,
not
to
be
admitted
to
Vote
,
&c.
That
all
collusive
Estates
and
Conveyances
made
to
qualify
Electors
for
Knights
of
the
Shire
(
i.
e.
Subject
to
a
conditional
Determination
,
St.
10.
A.
c.
23.
or
Reconveyance
,
&c.
)
shall
be
taken
and
held
as
Free
and
Absolute
against
the
Grantor
;
and
all
Bonds
,
Convenants
,
&c.
for
Restoring
,
or
Reconveying
thereof
,
are
declared
Null
and
Void
;
and
the
Maker
,
Adviser
,
and
Voter
shall
each
(
every
)
of
them
forfeit
40
l.
with
full
Costs
to
any
that
will
Sue
in
any
Court
at
Westminster
,
and
no
Essoign
,
&c.
Also
none
to
Vote
for
such
Knights
in
right
of
any
Lands
not
assessed
to
the
publick
Taxes
,
Church
Rates
and
Parish
Duties
,
in
proportion
to
other
Lands
of
40
s.
per
Annum
in
the
same
Parish
;
and
for
which
he
shall
not
be
entitled
to
40
s.
Rent
before
the
Election
,
unless
it
come
to
him
by
Descent
.
And
Voting
otherwise
,
forfeits
40
l.
one
Moiety
to
the
Poor
where
the
Lands
lye
,
and
the
other
to
the
Prosecutor
.
And
note
,
This
Act
repeals
only
so
much
of
the
Statue
7
W.
3.
as
concerns
the
Oath
to
administred
to
Freeholders
,
and
therefore
this
Statute
further
Enacts
.
That
if
any
Quaker
(
during
the
continuance
of
an
Act
passed
7
W.
3.
That
the
Solemn
Affirmation
and
Declaration
of
the
People
called
Quakers
,
St
10.
A.
c.
23.
Quaker's
Affirmation
.
shall
be
accepted
instead
of
an
Oath
,
&c.
)
shall
on
such
Election
if
required
by
any
Candidate
,
Declare
the
Effect
of
the
said
Oath
on
his
solemn
Affirmation
as
directed
by
that
Act
,
the
Sheriff
,
&c.
is
required
to
accept
the
same
instead
of
the
said
Oath
.
But
if
such
Quaker
shall
be
after
Convicted
,
to
have
Wilfully
,
Falsly
,
If
false
,
guilty
of
Perjury
,
vid.
infra
.
and
Corruptly
,
Affirmed
or
Declared
;
he
is
to
incurr
the
same
Penalties
and
Forfeitures
,
as
Persons
Convicted
of
Wilful
and
corrupt
Perjury
.
Vide
infra
.
That
the
said
Act
10
Annae
,
St.
12.
A.
Sess.
1.
c.
Rents
Tythes
Incorporeal
Inheritances
.
Chambers
in
Inns
of
Court
or
Chancery
.
&c.
shall
not
Extend
to
Restrain
any
Person
from
Voting
,
in
Right
of
any
Rents
,
Tythes
,
or
other
incorporeal
Inheritances
,
or
any
Messuages
or
Lands
in
Extraparochial
Places
;
or
any
Chambers
in
the
Inns
of
Court
,
or
Inns
of
Chancery
;
or
to
any
Messuages
or
Seats
belonging
to
any
Offices
,
or
in
Right
of
any
other
Messuages
or
Lands
that
have
not
been
usually
Charged
and
Assessed
to
all
and
every
the
publick
Taxes
,
Church
Rates
and
Parish
Duties
.
Proviso
.
Provided
such
Messuages
or
Lands
have
been
usually
Charged
or
Assessed
,
to
some
one
or
more
of
the
said
publick
Taxes
,
or
Duties
,
in
such
Proportion
as
other
Messuages
or
Lands
of
40
s.
per
Annum
.
within
the
same
Parish
or
Township
,
are
usually
Charged
.
Note
,
St.
10.
A
:
c.
23.
The
Form
of
the
Freeholders
Oath
required
by
the
7
,
8
,
W.
3.
was
abolished
by
this
Statute
,
and
the
following
Form
Substituted
,
viz.
You
shall
Swear
(
or
being
a
Quaker
,
Freeholder's
Oath
you
shall
in
the
presence
of
Almighty
God
,
Declare
)
that
you
are
a
Freeholder
in
the
County
of
—
and
have
Freehold
Lands
,
or
Hereditaments
,
lying
,
or
being
at
—
in
the
County
of
—
of
the
yearly
value
of
40
s.
above
all
Charges
payable
out
of
the
same
.
And
that
such
Freehold
Estate
hath
not
been
made
,
or
granted
to
you
Fraudulently
,
on
purpose
to
qualifie
you
to
give
your
Vote
;
and
that
the
Place
of
your
Aboad
is
at
—
in
the
County
of
—
And
that
you
have
not
been
Polled
before
at
this
Election
.
The
Form
of
the
Oath
to
be
taken
by
Freeholders
,
&c.
(
on
an
Objection
made
)
by
Statute
12
Annae
,
viz.
I.
A.
B.
Doe
in
the
presence
of
God
Swear
,
Freeholder's
Oath
by
St.
12.
Ann.
(
or
if
a
Quaker
,
Declare
)
That
the
Lands
and
Estates
of
—
for
which
I
claim
to
give
my
Vote
in
this
Election
,
are
not
conveyed
to
me
in
Trust
,
or
for
the
behoof
of
any
Person
whatsoever
:
And
I
do
Swear
(
declare
)
before
God
,
that
neither
I
,
nor
any
Person
to
my
Knowledge
,
in
my
Name
,
or
by
my
allowance
,
hath
given
,
or
intends
to
give
any
Promise
,
Obligation
,
Bond
,
Back-Bond
,
or
other
Security
,
for
re-disposing
,
or
re-conveying
the
said
Lands
and
Estate
,
any
manner
of
way
whatsoever
;
and
this
is
the
Truth
as
I
shall
Answer
to
God
.
The
Freeholders
Oath
appointed
to
be
taken
,
By
St.
2.
Geo.
2.
c.
24.
Sect.
1.
by
Statute
2
Geo.
2.
if
Demanded
by
either
of
the
Candidates
,
or
any
two
of
the
Electors
.
I.
A.
B.
Doe
Swear
(
or
being
one
called
a
Quaker
)
doe
solemnly
affirm
,
That
I
have
not
received
,
or
had
by
my self
,
or
any
Person
whatsoever
in
Trust
for
me
,
or
for
my
Use
,
and
(
or
)
Benefit
,
directly
or
indirectly
,
any
Sum
or
Sums
of
Money
,
Office
,
Place
or
Imployment
,
Gift
or
Reward
,
or
any
Promise
,
or
Security
for
any
Money
,
Office
,
Imployment
,
or
Gift
,
in
order
to
give
my
Vote
at
the
Election
,
and
that
I
have
not
before
been
Polled
at
this
Election
.
But
note
,
Ibid.
Sect.
2.
This
Oath
seems
intended
for
other
Voters
,
besides
Freeholders
;
for
by
Sect.
2.
of
the
same
Stat.
'T
is
Ennacted
,
That
such
Votes
,
&c.
Ante.
p.
132.
Citizens
and
Burgesses
within
Cities
and
Burroughs
,
St.
23.
H.
6.
c.
15.
to
Elect
Citizens
and
Burgesses
of
the
same
;
and
the
Sheriff
is
to
direct
his
Precept
accordingly
.
That
the
Nomination
,
St.
2.
W.
M.
c.
7.
See
1
W.
M.
Sess.
2.
c.
2.
Supra
or
Recommendation
,
to
the
Electors
of
one
of
the
Barons
of
each
Cinque
Port
,
the
two
antient
Towns
,
and
their
Members
claimed
by
the
Lord
Warden
is
contrary
to
Law
,
and
Void
.
By
the
claim
of
Right
made
on
the
Abdication
of
King
James
the
II.
Claim
of
Right
.
All
Elections
of
Members
of
Parliament
ought
to
be
Free
,
and
it
was
Enacted
accordingly
.
See
the
Stat.
Et
vide
post
.
No
Collector
,
St.
5.
W.
M.
c.
20.
Officers
of
the
Excise
.
Supervisor
,
Gauger
,
or
other
Officer
,
or
Person
whatsoever
,
Concerned
or
Imployed
in
the
Charging
,
Collecting
,
Levying
or
Manageing
the
Duties
of
Excise
,
or
any
Branch
,
or
Part
thereof
,
shall
by
Word
,
Message
or
Writeing
,
or
in
any
other
manner
,
persuade
any
Elector
to
give
,
or
disuade
any
Elector
from
giving
his
Vote
,
for
the
Choice
of
any
Person
to
be
a
Knight
of
the
Shire
,
Citizen
,
Burgess
,
or
Baron
of
any
County
,
City
,
Burrough
or
Cinque-Port
;
and
every
Officer
,
or
other
Person
offending
herein
,
Penalty
.
to
forfeit
100
l.
one
Moiety
to
the
Informer
,
and
the
other
to
the
Poor
,
where
the
Offence
is
committed
;
to
be
recoverd
by
him
that
Sues
for
it
by
Action
,
of
Debt
,
Bill
,
Plaint
or
Information
,
in
any
Court
of
Record
at
Westminster
.
And
no
Essoign
,
Protection
,
Privilege
,
or
Wager
of
Law
,
or
more
than
one
Imparlance
;
Incapacity
.
and
the
Party
Convicted
to
be
for
ever
Incapacitated
to
bear
any
Office
,
or
Place
of
Trust
under
the
Crown
.
No
Commissioner
,
Collecter
,
Comptroller
,
St.
12.13
.
W.
3.
c.
10
Officers
of
the
Customs
.
Searcher
,
or
other
Officer
,
or
Person
concerned
,
or
imployed
in
Discharging
,
(
chargeing
)
Collecting
,
Levying
,
or
Managing
the
Customs
,
or
any
Branch
,
or
thereof
,
shall
by
Word
,
Message
,
or
Writing
,
&c
,
(
as
above
for
the
Excise
)
Officers
,
with
the
like
Penalty
,
Incapacity
,
&c.
In
many
Cases
Multitudes
are
bound
by
Acts
of
Parliament
,
4
Inst.
p.
5.
which
are
not
Parties
to
the
Elections
of
Knights
,
Citizens
,
and
Burgesses
;
as
all
they
that
have
no
Freehold
,
or
who
have
Freehold
in
ancient
Demesne
,
and
all
Women
having
Freeholds
,
or
no
Freehold
,
and
Men
within
the
Age
of
One
and
twenty
Years
,
&c.
Every
Inhabitant
choosing
or
electing
in
any
other
manner
(
than
is
prescribed
by
the
Statute
)
to
forfeit
an
hundred
Shillings
,
half
to
the
King
,
St.
33.
H.
8.
c.
1.
Ireland
.
and
half
to
him
that
will
Sue
for
it
.
If
any
Man
keeps
a
Houshold
in
one
County
,
Arc.
Parl.
25.
and
remains
in
Service
with
another
Family
in
another
County
,
yet
he
may
be
at
the
choosing
of
Knights
of
the
Shire
where
he
keeps
his
Family
;
Crempton's
Juris.
3.
b.
for
it
shall
be
said
in
Law
a
Dwelling
in
either
of
those
Counties
.
If
the
Mayor
and
Bailiffs
(
or
other
Officer
,
St.
23
H.
6.
c.
15.
Vid
Cromp.
Jur.
3.
b.
4.2
.
where
no
Mayor
is
)
shall
return
other
than
those
which
be
chosen
by
the
Citizens
and
Burgesses
of
the
Cities
or
Boroughs
where
such
Elections
be
,
shall
incur
and
forfeit
to
the
King
forty
Pounds
;
and
moreover
,
shall
forfeit
to
every
Person
hereafter
chosen
Citizen
or
Burgess
to
come
to
Parliament
,
and
not
by
the
same
Mayor
,
or
Bailiff
,
&c.
Return'd
;
or
to
any
other
Person
that
will
Sue
for
it
,
forty
Pounds
.
That
such
Votes
shall
be
deemed
legal
,
St
2.
G.
2.
c.
24.
ibid.
Sect.
2.
What
Votes
shall
be
deemed
legal
.
which
have
been
so
declared
by
the
last
Determination
in
the
House
of
Commons
;
which
last
Determination
concerning
any
County
,
Shire
,
City
,
Borough
,
Cinque-Port
,
or
Place
,
shall
be
sinal
to
all
Intents
and
Purposes
,
any
Usage
to
the
contrary
.
That
no
Person
convicted
of
wilful
and
corrupt
Perjury
,
Sect.
4.
Persons
convicted
of
perjury
never
capable
to
vote
.
or
Subornation
of
Perjury
,
shall
,
after
such
Conviction
,
be
capable
of
Voting
in
any
Election
of
any
Member
or
Members
to
serve
in
Parliament
.
That
if
any
Elector
shall
ask
,
receive
,
Sect.
4.
Persons
taking
Money
or
Reward
for
their
Vote
,
&c.
or
take
any
Money
,
or
other
Reward
,
by
way
of
Gift
,
Loan
,
or
other
Device
,
or
agree
or
contract
for
any
Money
,
Gift
,
Office
,
Imployment
,
or
other
Reward
whatsoever
,
to
give
his
Vote
;
or
to
refuse
or
forbear
to
give
his
Vote
;
or
if
any
Person
by
himself
,
or
any
imployed
by
him
,
shall
,
by
any
Gift
or
Reward
,
or
by
any
Promise
,
Agreement
,
or
Security
for
any
Gift
or
Reward
,
corrupt
or
procure
any
Person
to
give
his
Vote
,
or
to
forbear
to
give
his
Vote
,
in
any
such
Election
,
such
Person
shall
for
every
such
Offence
forfeit
the
Sum
of
five
hundred
Pounds
,
On
Conviction
Forfeits
500
l
with
full
Costs
of
Suit
;
and
every
such
Person
after
Judgment
obtained
against
him
in
any
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
or
summary
Action
,
or
Prosecution
,
or
being
any
otherwise
lawfully
Convicted
thereof
,
shall
for
ever
be
disabled
to
Vote
in
any
Election
to
Parliament
,
and
also
to
hold
,
exercise
,
And
disabled
to
Vote
,
or
to
enjoy
any
Office
or
Franchise
.
or
enjoy
any
Office
or
Franchise
,
to
which
he
and
they
then
shall
,
or
at
any
time
afterwards
may
be
intitled
,
as
a
Member
of
any
City
,
Borough
,
Town
Corporate
,
or
Cinque-Port
,
as
if
such
Person
was
naturally
Dead
.
And
that
if
any
Person
offending
against
this
Act
,
Sect.
5.
Offenders
in
12.
Months
after
the
Election
discovering
others
in
femnified
.
shall
within
twelve
Months
after
such
Election
,
discover
any
other
Person
offending
against
this
Act
,
so
that
such
Person
be
thereupon
Convicted
,
such
Person
so
discovering
,
and
not
having
been
before
that
time
Convicted
of
any
Offence
against
this
Act
,
shall
be
indemnified
,
and
discharged
from
all
Penalties
,
which
he
shall
then
have
incurred
by
any
Offence
against
this
Act.
Enacted
that
forty
five
shall
be
the
number
of
the
Representatives
of
Scotland
in
the
House
of
Commons
of
the
Parliament
of
Great
Britain
.
Stat.
5.
Annae
.
c.
8.
the
Union
Act.
Of
the
said
Forty-five
Representatives
of
Scotland
,
Members
for
Scotland
Thirty
shall
be
chosen
by
the
Shires
,
and
Fifteen
by
the
Royal
Burghs
(
as
follows
,
viz.
)
one
for
every
Shire
and
Stenartry
,
(
excepting
the
Shires
of
Bute
and
Caitness
,
which
shall
choose
one
by
turns
,
Bute
having
the
first
Election
;
the
Shires
of
Nairn
and
Cromarty
,
which
shall
also
choose
by
turns
,
Nairn
having
the
first
Election
;
and
in
like
mannet
the
Shires
of
Clackmannan
and
Kinross
shall
choose
by
turns
;
(
Clackmannan
having
the
first
Election
)
and
in
case
of
the
Death
or
legal
Incapacity
of
the
said
Members
from
the
said
respective
Shires
or
Steuartries
,
Scotland
.
the
Shire
or
Steuartry
who
elected
the
said
Member
,
shall
elect
another
Member
in
his
Place
.
And
that
the
said
Fifteen
Representatives
for
the
Royal
Burghs
shall
be
chosen
as
follows
,
viz.
That
the
Town
of
Edinburgh
shall
have
Right
to
elect
and
send
one
Member
,
and
that
each
of
the
other
Burghs
shall
elect
a
Commissioner
in
the
same
manner
as
usual
to
elect
Commissioners
and
Burghs
(
Edinburgh
excepted
)
being
divided
into
fourteen
Classes
or
Districts
,
shall
meet
at
such
time
and
Burghs
within
their
respective
Districts
,
as
her
Majesty
,
her
Heirs
or
Successors
shall
appoint
,
and
elect
one
for
each
District
,
(
viz.
)
the
Burgs
of
Kirkwall
,
Week
,
Dornock
,
Dingwall
and
Tain
,
one
:
The
Burghs
of
Fortrose
,
Inverness
,
Nairn
and
Forress
,
one
;
The
Burghs
of
Elgin
,
Cullen
,
Bamff
,
Inverary
,
and
Kintore
,
one
:
The
Burghs
of
Aberdeen
,
Inverbery
,
Montrose
,
Aberbrothock
,
and
Brochine
,
one
:
The
Burghs
of
Forfar
,
Perth
,
Dundee
,
Coupar
,
and
St.
Andrews
,
one
:
The
Burghs
of
Craill
,
Kilrenny
,
Anstruther
Easter
,
Anstruther
Wester
,
and
Pittenween
,
one
:
The
Burghs
of
Dysart
,
Kirkaldie
,
Kinghorn
,
and
Bruntsland
,
one
:
The
Burghs
of
Innerkethen
,
Scotland
.
Dunfermline
,
Queens-ferry
,
Culross
,
and
Sterling
,
one
:
The
Burghs
of
Glasgow
,
Renfrew
,
Ruglen
,
and
Dumbarton
,
one
:
The
Burghs
of
Haddington
,
Dunbar
,
North-Berwick
,
Lauder
and
Jedburgh
,
one
:
The
Burghs
of
Selkirk
,
Peebles
,
Linlithgow
,
and
Lanerk
,
one
:
The
Burghs
of
Dumfreis
,
Sanquhar
,
Anna
,
Lockmaben
,
and
Kirkeudbright
,
one
:
The
Burghs
of
Wigtown
,
New
Galloway
,
Stranraver
,
and
Whitehorn
,
one
:
The
Burghs
of
Air
,
Irvin
,
Rothesay
,
Cambletown
,
and
Inverary
,
one
.
And
where
the
Votes
of
the
Commissioners
for
the
said
Burghs
met
to
choose
Representatives
from
their
several
Districts
,
shall
be
equal
,
the
President
of
the
Meeting
shall
have
a
casting
or
decisive
Vote
,
and
that
by
and
according
to
his
Vote
as
a
Commissioner
from
the
Burgh
from
which
he
is
sent
;
the
Commissioner
from
the
eldest
Burgh
presiding
in
the
first
Meeting
,
and
the
Commissioners
from
the
other
Burghs
in
their
respective
Districts
,
presiding
afterwards
by
turns
in
the
order
as
the
said
Burghs
(
used
to
be
)
called
in
the
Rolls
of
the
Parliament
of
Scotland
;
and
that
in
case
any
of
the
said
fifteen
Commissioners
from
Burghs
shall
decease
,
or
become
legally
incapable
to
sit
in
the
House
of
Commons
,
then
the
Town
of
Edinburgh
,
Scotland
.
or
the
District
which
chose
the
said
Member
,
shall
elect
a
Member
in
his
or
their
Place
.
That
none
shall
be
capable
to
elect
(
a
Representative
for
any
Shire
or
Burgh
of
Scotland
)
unless
twenty
one
Years
of
Age
complete
,
and
Protestant
,
excluding
all
Papists
,
or
such
who
being
suspect
of
Popery
,
and
required
refuse
to
swear
and
subscribe
the
Formula
,
contained
in
the
third
Act
made
in
the
eight
and
ninth
Sessions
of
King
William's
Parliament
(
in
Scotland
)
nor
shall
be
capable
to
elect
(
a
Representative
to
)
a
Shire
or
Burgh
in
the
Parliament
of
Great
Britain
(
for
Scotland
)
except
such
as
(
were
at
the
time
of
passing
this
Act
)
capable
by
the
Laws
of
(
Scotland
)
to
elect
as
Commissioners
for
Shires
or
Burghs
to
the
Parliament
of
Scotland
.
Enacted
,
Stat.
6
A.
c.
6.
&c.
That
when
any
Parliament
shall
at
any
time
hereafter
be
summoned
or
called
,
(
on
Notice
to
be
forthwith
given
after
Receipt
of
the
Writs
by
the
Shertff
,
or
Stewart
,
of
the
time
of
Election
for
Knights
of
the
Shire
or
Commissioners
for
Scotland
)
at
such
time
of
Election
the
several
Freeholders
in
the
respective
Shires
,
and
Stewartries
shall
meet
and
convene
at
the
head
Burghs
of
their
several
Shires
and
Stewartries
,
and
proceed
to
the
Election
of
their
respective
Commissioners
or
Knights
for
the
Shire
or
Stewartry
;
Scotland
.
and
the
Clerks
of
the
said
Meetings
shall
respectively
return
the
Names
of
the
Persons
Elected
to
the
Sheriff
or
Stewart
of
the
Shire
or
Stewartry
(
on
a
Precept
in
like
manner
to
be
directed
by
the
Sheriffs
of
Edinburgh
,
to
the
Lord
Provost
of
that
City
)
and
on
Receipt
of
such
Precept
,
the
City
of
Edinbusgh
shall
elect
their
Member
,
and
their
common
Clerk
shall
certify
his
Name
to
the
Sheriff
of
Edinburgh
.
On
Precepts
in
like
manner
to
be
directed
by
the
Sheriffs
or
Stewarts
of
the
several
Shires
or
Stemartries
,
where
the
other
fourteen
Districts
of
Royal
Burghs
respectively
are
,
reciting
the
Contents
and
Date
of
the
Writ
,
and
commanding
them
to
elect
each
of
them
a
Commissioner
,
as
they
used
formerly
to
elect
Commissioners
to
meet
at
the
presiding
Borough
of
their
respective
District
,
(
naming
it
)
on
the
thirtieth
day
after
the
Teste
of
the
Writ
,
unless
Sunday
,
and
then
the
next
day
after
,
and
then
to
choose
their
Burgess
for
the
Parliament
.
The
common
Clerk
of
the
then
presiding
Borough
,
shall
immediately
after
the
Election
,
return
the
Name
of
the
Person
so
Elected
to
the
Sheriff
or
Stewart
of
the
Shire
,
Scotland
.
or
Stewartry
wherein
such
presiding
Borough
is
.
And
in
case
a
vacancy
shall
happen
in
time
of
Parliament
,
by
the
decease
or
legal
incapacity
of
any
Member
,
a
new
Member
shall
be
Elected
in
his
Room
conformable
to
the
method
herein
before
appointed
;
and
in
case
such
Vacancy
be
of
a
Representative
for
any
one
of
the
said
fourteen
Classes
,
or
Districts
for
Royal
Boroughs
,
that
Borough
,
which
presided
at
the
Election
of
the
deceased
or
disabled
Member
,
shall
be
the
presiding
Borough
at
such
Election
.
That
from
and
after
the
Determination
of
this
present
Parliament
,
2
St.
12.
Annae
.
no
Conveyance
or
Right
whatsover
,
whereupon
Infeoffment
is
not
taken
,
and
Seisin
registred
One
Year
before
the
Teste
of
the
Writs
for
calling
a
New
Parliament
,
shall
,
upon
Objection
made
in
that
Behalf
,
intitle
the
Person
or
Persons
,
so
Infeoft
,
to
Vote
at
that
Election
,
in
any
Shire
or
Stewartry
in
that
Part
of
Great
Britain
called
Scotland
;
and
in
case
any
Election
happen
during
the
Continuance
of
a
Parliament
,
no
Conveyance
or
Right
whatsoevel
,
whereupon
Infeoffment
is
not
taken
One
Year
before
the
Date
of
the
Warrant
for
making
out
a
new
Writ
for
such
Election
,
shall
,
upon
Objection
made
in
that
Behalf
,
Scotland
intitle
the
Person
or
Persons
so
Infeost
,
to
Vote
at
that
Election
;
and
that
it
shall
be
lawful
for
any
of
the
Electors
present
,
suspecting
any
Person
or
Persons
to
have
his
or
their
Estates
in
Trust
,
and
for
the
Behoof
of
another
,
to
require
the
Praeses
of
the
Meeting
to
tender
the
Oath
(
in
this
Act
contained
)
to
any
Elector
;
and
the
said
Praeses
is
hereby
impowered
and
required
to
administer
the
same
.
In
case
such
Elector
refuse
to
Swear
,
and
also
to
subscribe
the
said
Oath
,
such
Person
or
Persons
shall
not
be
capable
of
Voting
at
such
Election
.
Notwithstanding
such
Oath
taken
,
it
shall
be
lawful
to
make
such
other
Objections
as
are
allowed
by
the
Laws
of
Scotland
against
such
Electors
.
No
Infeoffment
taken
upon
any
redeemable
Right
(
except
proper
Wadsetts
,
Adjudications
,
or
Apprisings
allowed
by
the
Act
of
Parliament
relateing
to
Elections
in
One
thousand
six
hundred
eighty
one
)
shall
entitle
the
Persons
so
Infeoft
,
to
Vote
at
any
Election
in
any
Shire
or
Stewartry
:
And
no
Person
or
Persons
,
who
have
not
been
Enrolled
,
and
Voted
at
former
Elections
,
shall
upon
any
Pretence
whatsoever
be
Enrolled
or
admitted
to
Vote
at
any
Election
,
Scotland
.
except
he
or
they
first
produce
a
sufficient
Right
or
Title
to
qualifie
him
or
them
to
Vote
at
that
Election
,
to
the
satisfaction
of
the
Freeholders
formerly
Enrolled
,
or
the
Majority
of
them
present
;
and
the
returning
Officers
are
hereby
ordained
to
make
their
Returns
of
the
Persons
Elected
by
the
Majority
of
the
Freeholders
enrolled
,
and
those
admitted
by
them
,
reserving
always
the
Liberty
of
objecting
against
the
Persons
admitted
to
,
or
excluded
from
the
Roll
,
as
formerl
.
The
Right
of
Apparent
Heirs
in
Voting
at
Elections
by
Virtue
of
their
Predecessors
Infeoffments
,
and
of
Husbands
by
Virtue
of
their
Wives
Infeoffments
,
reserved
.
Any
Conveyance
or
Right
,
which
by
the
Laws
of
Scotland
is
sufficient
to
qualify
any
Person
to
Vote
in
the
Elections
of
Members
of
Parliament
for
Shires
or
Stewartries
,
and
whereupon
Infeoffment
is
taken
on
or
before
the
first
Day
of
June
,
in
the
Year
of
our
Lord
One
thousand
seven
hundred
and
thirteen
,
shall
intitle
the
Person
or
Persons
so
Infeoft
,
to
Vote
at
the
Elections
of
Members
to
serve
in
the
next
ensuing
Parliament
.
No
Husband
shall
Vote
at
any
ensuing
Election
by
Virtue
of
their
Wives
Infeoffments
,
Wales
.
who
are
not
Heiresses
,
or
have
not
Right
to
the
Property
of
the
Lands
,
on
account
whereof
such
Vote
shall
be
Claimed
.
Ordained
,
St.
23.
H.
6.
c.
15.
Vide
post
.
&c.
That
every
Sheriff
,
after
the
Delivery
of
any
Writ
(
of
Election
)
to
him
made
,
shall
make
and
deliver
without
Fraud
a
sufficient
Precept
under
his
Seal
to
every
Mayor
and
Bailiff
,
&c.
of
the
Cities
and
Boroughs
within
his
County
,
commanding
them
by
his
Precept
,
if
it
be
a
City
,
to
choose
by
Citizens
of
the
same
City
,
Citizens
;
and
in
the
same
manner
and
form
if
it
be
a
Borough
,
(
to
choose
a
Burgess
)
by
the
Burgesses
of
the
same
,
to
come
to
the
Parliament
.
Enacted
,
St.
23
H.
8.
c.
26.
Wales
.
&c.
That
the
Dominion
of
Wales
shall
be
,
stand
,
and
continue
for
ever
from
henceforth
Incorporated
,
United
,
and
Annexed
to
and
with
the
Realm
of
England
;
and
that
all
and
singular
Person
and
Persons
,
born
and
to
be
born
,
in
the
said
Principality
,
Country
,
or
Dominion
of
Wales
,
shall
have
,
enjoy
and
inherit
all
and
singular
Freedoms
,
Liberties
,
Rights
,
Privileges
,
and
Laws
,
within
this
Realm
,
and
other
the
King's
Dominions
,
as
other
the
King's
Subjects
naturally
Born
within
the
same
)
have
,
enjoy
,
and
inherit
.
For
all
Parliaments
to
be
holden
and
kept
for
this
Realm
,
Wales
.
two
Knights
to
be
elected
to
the
same
Parliament
for
the
Shire
of
Monmouth
,
in
the
like
Manner
,
Form
,
and
Order
,
as
Knights
and
Burgesses
be
elected
and
chosen
in
all
other
Shires
.
And
that
one
Knight
shall
be
Elect-for
every
of
the
Shires
of
Brecknock
,
Radnor
,
Montgomery
and
Denbigh
,
and
for
every
other
Shire
within
Wales
,
and
for
every
Borough
being
a
Shire-Town
within
Wales
(
except
the
Shire
Town
of
the
County
of
Merioneth
)
one
Burgess
,
and
the
Election
to
be
in
like
Manner
,
as
Knights
and
Burgesses
of
the
Parliament
be
Elected
in
other
Shires
.
That
the
Burgesses
of
all
and
every
Cities
,
Boroughs
,
St.
35.
H.
8
c.
11.
and
Towns
(
in
the
twelve
Shires
within
Wales
and
County
of
Monmouth
,
not
finding
Burgesses
for
the
Parliament
themselves
,
and
contributary
to
Wages
of
Burgesses
of
such
Shire-Towns
)
shall
be
lawfully
admonished
by
Proclamation
,
or
otherwise
,
by
the
Mayors
,
Bailiffs
,
and
other
Head
Officers
of
the
said
Towns
,
or
by
one
of
them
,
to
come
and
give
their
Elections
for
the
Electing
of
the
said
Burgesses
,
at
such
Time
and
Place
,
Lawful
and
Reasonable
,
as
shall
be
assigned
for
the
same
intent
by
the
said
Mayors
,
Chester
.
Bailiffs
,
and
other
Head
Officers
of
the
said
Shire-Towns
,
or
by
one
of
them
,
in
which
Elections
the
Burgesses
shall
have
the
like
Voice
and
Authority
to
elect
the
Burgesses
of
every
the
said
Shire-Towns
,
in
such
Manner
,
as
the
Burgesses
of
the
said
Shire-Towns
have
and
use
.
That
the
County
Palatine
of
Chester
shall
have
two
Knights
for
the
said
County
Palatine
;
St.
34
&
35
H.
8.
c.
13.
Chester
.
and
likewise
two
Citizens
to
be
Burgesses
for
the
City
of
Chester
;
the
same
Election
to
be
made
under
like
Manner
and
Form
,
to
all
Intents
,
Constructions
,
and
Purposes
,
as
is
used
within
the
County
Palatine
of
Lancaster
;
or
any
other
County
or
City
within
this
Realm
.
That
the
County
Palatine
of
Durham
may
have
two
Knights
for
the
same
County
,
St.
25.
c.
2.
c.
9.
Durham
and
the
City
of
Durham
two
Citizens
to
be
Burgesses
for
the
same
City
,
for
ever
hereafter
to
serve
in
Parliament
;
the
same
Election
from
time
to
time
to
be
made
in
Manner
following
,
viz.
The
Elections
of
the
Knights
to
serve
for
the
said
County
Palatine
,
to
be
made
by
the
greater
Number
of
the
Freeholders
of
the
said
County
Palatine
that
shall
be
present
at
such
Elections
,
as
is
used
in
other
Counties
,
and
that
the
Election
of
the
said
Burgesses
from
Time
to
Time
,
Vid.
Post
190.191
,
shall
be
made
by
the
Major
part
of
the
Mayor
,
Aldermen
and
Freemen
of
the
City
,
which
shall
be
present
at
such
Election
.
See
also
the
Stat.
34
35
H.
8.
c.
24.
Cambridge
.
concerning
the
Payment
of
the
Wages
of
the
Knights
of
the
Shire
for
Cambridge
.
The
Form
of
the
Abjuration
,
as
altered
by
Stat.
4
Ann.
c.
8.
and
as
the
same
is
now
to
be
taken
.
I
A.
B.
do
truly
and
sincerely
acknowledge
,
profess
,
testify
,
and
declare
in
my
Conscience
,
before
God
and
the
World
,
That
our
Sovereign
Lord
King
George
the
Second
,
is
lawful
and
rightful
King
of
this
Realm
,
and
all
other
His
Majesty's
Dominions
and
Countries
thereunto
belonging
.
And
I
do
solemnly
and
sincerely
declare
,
That
I
do
believe
in
my
Conscience
,
that
the
Person
pretended
to
be
Prince
of
Wales
,
during
the
Life
of
the
late
King
James
,
and
since
his
Decease
,
pretending
to
be
,
and
taking
upon
himself
the
Stile
and
Title
of
King
of
England
,
by
the
Name
of
James
the
Third
,
or
of
Scotland
,
by
the
Name
of
James
the
Eighth
,
or
the
Stile
and
Title
of
King
of
Great
Britain
,
hath
not
any
Right
or
Title
whatsoever
to
the
Crown
of
this
Realm
,
or
any
other
the
Dominions
thereto
belonging
:
And
I
do
renounce
,
refuse
,
and
abjure
any
Allegiance
or
Obedience
to
him
.
And
I
do
swear
,
That
I
will
bear
Faith
and
true
Allegiance
to
His
Majesty
King
George
the
Second
,
and
Him
will
desend
to
the
utmost
of
my
Power
,
against
all
Traiterous
Conspiracies
and
Attempts
whatsoever
,
which
shall
be
made
against
his
Person
,
Crown
or
Dignity
.
And
I
will
do
my
utmost
Endeavour
to
disclose
and
make
known
to
His
Majesty
and
his
Successors
,
all
Treasons
and
Traiterous
Conspiracies
,
which
I
shall
know
to
be
against
Him
,
or
any
of
Them
.
And
I
do
faithfully
Promise
,
to
the
utmost
of
my
Power
,
to
support
,
maintain
and
defend
the
Succession
of
the
Crown
,
against
him
the
said
James
,
and
all
other
Persons
whatsoever
:
As
the
same
Succession
,
by
an
Act
,
entitled
,
An
Act
for
the
further
Limitation
of
the
Crown
,
and
better
Securing
the
Rights
and
Liberties
of
the
Subject
,
is
,
and
stands
limited
to
the
Princess
Sophia
,
Electress
and
Dutchess
Dowager
of
Hanover
,
and
the
Heirs
of
Her
Body
,
being
Protestants
.
And
all
these
Things
I
do
plainly
and
sincerely
acknowledge
and
swear
,
according
to
these
express
Words
by
me
spoken
;
and
according
to
the
plain
and
common
Sense
and
Understanding
of
the
same
Words
,
without
any
Equivocation
,
mental
Evasion
or
secret
Reservation
whatsoever
.
And
I
do
make
this
Recognition
,
Acknowledgement
,
Abjuration
,
Renunciation
and
Promise
,
heartily
,
willingly
and
truly
,
and
upon
the
true
Faith
of
a
Christian
.
So
Help
me
God
.
CHAP.
XI
.
Who
may
be
Elected
to
Parliament
.
BY
Stat.
5.
4
Inst.
48.
Sir
Simon
d'Ewes
Jour
.
39
,
40.
Eliz.
c.
1.
no
Knight
,
Citizen
,
or
Burgess
can
sit
in
Parliament
,
before
he
hath
taken
the
Oath
of
Allegiance
and
Supremacy
;
but
Note
,
other
Oaths
are
now
appointed
:
Vide
ante
.
Because
the
Words
of
the
Writ
for
Election
of
Knights
,
4
Inst.
10.
&c.
were
duos
Milites
gladiis
cinctos
,
&c.
it
required
an
Act
of
Parliament
,
that
notable
Esquires
might
be
eligible
.
Therefore
the
Statute
says
,
St.
23.
H.
6.
c.
15.
the
Knights
of
the
Shires
for
the
Parliament
must
be
notable
Knights
,
or
such
Esquires
,
or
Gentlemen
,
born
of
the
same
County
,
as
be
able
to
be
Knights
.
Any
Man
may
be
chosen
Knight
,
St.
18.
Ed.
4.
c.
2.
in
Ireland
.
Citizen
,
or
Burgess
,
tho'
he
be
not
dwelling
within
the
same
.
Every
Knight
,
Citizen
,
and
Burgess
shall
be
resiant
and
dwelling
within
the
Counties
,
Cities
,
and
Towns
.
Every
Knight
,
Citizen
,
or
Burgess
taking
it
upon
him
,
and
not
chosen
(
in
the
manner
prescribed
by
the
Act
of
Parliament
)
to
forfeit
an
hundred
Pounds
.
St.
33
H.
8.
c.
1.
in
Ireland
.
Si
home
n'esteaut
Inhabitant
,
Meor
so
.
551.
n.
741
ne
free
de
un
Borough
,
il
poit
Eslier
,
s'il
voit
server
a
lour
Election
,
ou
nemy
,
pur
le
Borough
.
If
a
Man
be
not
an
Inhabitant
,
nor
free
of
a
Borough
,
he
may
choose
if
he
will
serve
at
their
Election
,
or
not
,
for
the
Borough
.
By
the
Statute
none
ought
to
be
chosen
a
Burgess
of
a
Town
,
Rush
.
Col.
Vol.
1.689
.
in
which
he
doth
not
inhabit
;
but
the
usage
of
Parliament
is
contrary
.
But
if
Information
be
brought
upon
the
said
Statute
against
such
a
Burgess
,
I
think
that
the
Statute
is
a
good
Warrant
for
us
to
give
Judgment
against
him
,
by
Whitlock
.
The
King
cannot
grant
a
Charter
of
Exemption
to
any
Man
to
be
freed
from
Election
of
Knight
,
Citizen
,
4
Inst.
49.
or
Burgess
of
the
Parliament
.
A
Person
Outlawed
in
a
Personal
Cause
may
be
a
Burgess
.
Towns
.
Col.
63.64
.
Vide
John
Smiths
Ca.
Si
Simon
d'Ewes
Jour
.
48.
Col.
2.480
.
Col.
1
Vide
Sir
Simon
d'Ewes
Jour
.
481.
Col.
2.
&
482.
Col.
1.
See
Bohun's
Collection
,
p.
278.
279.
If
exception
be
taken
to
such
an
Election
,
and
an
Outlawry
alledged
to
disinable
him
,
the
Stat.
23
Hen.
6.
c.
15.
will
disinable
most
of
this
House
,
for
they
ought
to
be
Burgesses
resident
.
Tho'
the
Common
Law
doth
disinable
the
Party
,
yet
the
Priviledge
of
the
House
being
urged
,
that
prevaileth
over
the
Law
.
A
Man
Attainted
,
Ibid.
Outlawed
,
or
Excommunicated
,
or
not
lawfully
elected
,
if
he
be
returned
,
out
of
all
doubt
is
a
lawful
Burgess
.
A
Knight
Banneret
,
4
Inst.
46.
being
no
Lord
of
Parliament
,
is
eligible
to
be
Knight
,
Citizen
,
or
Burgess
of
the
House
of
Commons
,
being
under
the
Degree
of
a
Baron
,
which
is
the
lowest
Degree
of
the
Lord's
House
.
An
Earl's
Son
may
be
a
Member
of
the
House
of
Commons
.
Sir
Simon
d'Ewes
Jour.
244.
Col.
2.
4
Inst.
47.
One
under
the
Age
of
one
and
twenty
years
is
not
eligible
.
Neither
can
any
Lord
of
Parliament
sit
there
till
he
be
full
one
and
twenty
Years
.
An
Alien
cannot
be
elected
of
the
Parliament
,
Ibid.
because
he
is
not
the
King's
Liege
Subject
;
and
so
it
is
,
albeit
he
be
made
Denizon
by
Letters
Patents
,
&c.
But
if
an
Alien
be
naturaliz'd
by
Parliament
,
then
he
is
eligible
to
this
,
or
any
other
Place
of
Judicature
.
No
Alien
denizated
ought
to
sit
here
,
Petyt
's
Miscell
.
Parl.
175.
Ibid.
per
Sir
Edward
Coke
.
Note
also
the
St.
4
An.
c.
8.
for
settling
the
Succession
,
&c.
excludes
Aliens
.
Resolved
upon
the
Question
,
that
the
Election
of
Mr.
Walter
Steward
,
being
no
natural
born
Subject
,
4
Inst.
47.
is
void
,
and
a
Warrant
to
go
for
a
new
Writ
.
None
of
the
Judges
of
the
King's
Bench
,
or
Common
Pleas
,
or
Barons
of
the
Exchequer
,
that
have
Judicial
Places
,
can
be
chosen
Knight
,
Citizen
,
or
Burgess
of
Parliament
,
as
it
is
now
holden
,
because
they
are
Assistants
in
the
Lord's
House
.
Yet
read
Parl.
Roll.
31
H.
6.
But
any
that
have
Judician
Places
in
other
Courts
Ecclesiastical
or
Civil
,
Ibid.
being
no
Lords
of
Parliament
,
are
eligible
.
None
of
the
Clergy
,
tho'
he
be
of
the
lowest
Order
,
is
eligible
to
be
Knight
,
Moor
so
.
783.
n.
1083.
4
Inst.
47.
Citizen
,
or
Burgess
of
Parliament
,
because
they
are
of
another
Body
,
viz.
of
the
Convocation
.
The
Clergy
of
the
Convocation-House
are
no
Part
or
Member
of
the
Parliament
.
Hakewel
59.
Vide
Fox's
Book
of
Martyrs
f.
1639.
4
Inst.
48.
A
Man
Attainted
of
Treason
or
Felony
,
&c.
is
not
eligible
.
For
he
ought
to
be
magis
idoneus
,
discretus
,
&
sufficiens
.
Mayors
and
Bailiffs
of
Towns
Corporate
are
eligible
.
4
Inst
48.
Vide
contra
Brook
Abridg.
tit
.
Parl.
7.
At
a
Parliament
holden
38.
H.
8.
it
was
admitted
and
accepted
,
that
if
a
Burgess
of
Parliament
be
made
a
Mayor
of
a
Town
,
or
have
Judicial
Jurisdiction
,
Crompt
.
16.
or
is
Sick
,
&c.
that
these
are
Causes
sufficient
to
choose
others
.
Any
of
the
Profession
of
the
Common
Law
,
and
which
is
in
Practice
of
the
same
,
4
Inst.
48.
is
eligible
.
By
special
Order
of
the
House
of
Commons
,
Ibid.
the
Attorney
General
is
not
eligible
to
be
a
Member
of
the
House
of
Commons
.
Vide
infra
.
At
the
Parliament
began
in
October
28.
Mor.
rep.
551.
Sir
Simon
d'Ewes
Jour
.
441
,
442.
Moor
551.
Eliz.
and
continued
'till
the
29th
.
Tho.
Egerton
,
Solicitor
General
,
was
by
Writ
commanded
to
attend
in
Parliament
upon
the
Lords
in
the
upper
House
,
and
after
he
had
attended
there
three
Days
,
he
was
chosen
a
Burgess
for
Reading
in
Com.
Berks
and
upon
the
Return
of
him
,
the
Commons
went
to
the
House
of
Lords
,
and
demanded
that
he
might
be
dismissed
from
further
attendance
there
,
and
come
into
their
House
.
But
upon
Consultation
and
Defence
made
by
himself
,
the
Lords
retain'd
him
,
and
the
main
Reason
was
,
because
they
were
first
posessed
of
him
.
And
in
5.
Mor.
ut
Sup.
Simon
d'Ewes
Jour
.
121
,
Col.
1
,
2.
Eliz.
Ouslow
being
a
Member
of
the
lower
House
,
upon
a
Prorogation
of
Parliament
,
was
made
Solicitor
General
,
and
when
the
Parliament
met
again
,
he
was
commanded
by
Writ
,
to
attend
the
Lords
House
,
tho'
chosen
Speaker
of
the
House
of
Commons
,
but
the
Commons
demanded
him
,
and
it
was
granted
,
because
he
was
a
Member
of
the
lower
House
first
;
so
that
this
was
the
difference
between
his
,
Journ.
Dom.
Co.
21.
Jac.
1.10
.
Martij
.
Vid.
Petyts
Miscell
.
Parl.
174.
and
the
case
above
.
Sir
Dudley
Diggs
said
,
that
in
that
Parliament
,
when
Bacon
Attorney
was
in
Question
,
whither
he
ought
to
sit
in
the
House
of
Commons
or
no
,
t
was
over-ruled
he
ought
not
;
but
yet
in
favour
of
him
he
was
suffered
to
sit
there
,
and
an
Express
order
was
made
that
never
any
other
Attorney
after
should
.
So
careful
were
our
Ancestors
not
to
admit
any
to
be
a
Representative
of
the
People
who
was
a
Dependant
on
,
or
could
be
influenc'd
by
the
Court
,
&c.
18
Eliz.
1585.
Concluded
by
the
House
,
Sir
Simon
d'Ewes
,
Jour
.
249.
Col.
1.
that
Mr.
Serjeant
Jeffreys
,
being
one
of
the
Knights
returned
for
Sussex
,
may
have
Voice
or
give
his
Attendance
in
this
House
,
as
a
Member
of
the
same
,
notwithstanding
his
Attendance
in
the
Upper
House
,
as
one
of
the
Queen's
Serjeants
,
for
his
Counsel
there
,
where
he
hath
no
Voice
indeed
,
nor
is
any
Member
of
the
same
.
23
Eliz.
1580.
Popham
Solicitor
General
,
Id.
281.
Col.
1.
upon
demand
made
by
the
House
,
was
restored
to
them
by
the
Lords
,
beause
he
was
a
Member
of
the
House
of
Commons
,
and
they
possessed
of
him
before
he
was
Solicitor
,
or
had
any
Place
of
Attendance
in
the
Upper
House
.
No
Sheriff
shall
be
chosen
for
a
Knight
of
Parliament
,
nor
for
a
Burgess
;
why
?
Book
of
Entr.
41.1
.
Crompton's
Jur.
3.
4
Inst.
48.
because
nominated
by
the
Crown
.
1.
Car.
1.
The
Sheriff
of
the
County
of
Buckingham
was
chosen
Knight
for
the
County
of
Norfolk
,
and
return'd
into
the
Chancery
;
and
had
the
Priviledge
of
Parliament
allow'd
to
him
,
by
the
Judgment
of
the
whole
House
of
Commons
.
Vide
de
hoc
Pro
&
Con
,
Sir
Simon
d'Ewes
Journal
38
,
436
,
624
,
625.
1
Jac.
1.
Scobel
96.
Sess.
2.
Sir
John
Peyton
,
Kt.
returned
the
last
Session
,
and
since
chosen
Sheriff
;
Resolv'd
upon
the
Question
,
that
he
shall
attend
his
Service
here
.
The
Personal
Residence
and
Attendance
of
Sheriffs
is
required
within
their
Bailywicks
,
Rush
Coll.
vol
1.684
,
685.
during
the
time
of
their
Sheriffwick
.
Mr.
Walter
Long
,
being
Sheriff
of
Wilts
,
was
after
chosen
Citizen
for
Bath
;
and
for
that
Offence
was
committed
,
and
fined
(
viz.
because
he
sate
and
served
in
Parliament
.
)
Sir
Andrew
Noel
,
Touns
.
Col.
185.
Vid.
de
hoc
.
Sir
Simon
d'Ewes
Jour
.
38.
Col.
1
,
2.
&
624.
Col.
2.
Kt.
Sheriff
of
Rutland
,
returned
himself
Knight
,
and
adjudged
a
void
Return
,
and
a
Warrant
ordered
for
a
new
Election
.
For
(
said
Serjeant
Harris
)
we
know
,
in
Law
,
that
a
Man
cannot
make
an
Indenture
to
himself
;
no
more
can
he
here
,
between
himself
and
the
County
;
for
there
are
required
two
Persons
.
Yet
Sir
Edward
Hobby
said
,
That
the
House
might
well
receive
him
,
and
vouched
a
Precedent
,
when
the
Bailiffs
of
Southwark
returned
themselves
Burgesses
,
and
were
received
.
See
also
Bohun's
Collection
,
81.143.153.188.243.253.254
.
The
Fee
for
the
Knight
of
any
County
is
,
four
Shillings
per
Diem
,
England
.
and
every
Citizen
or
Burgess
is
to
have
two
Shillings
per
Diem
.
4
Inst.
46.
Where
one
Person
is
chosen
and
returned
to
serve
in
several
Places
,
Scobel
18.
Vide
Sir
S.
d'Ewe's
Jour
.
passim
.
it
is
in
his
Election
to
make
his
Choice
in
the
House
in
his
own
Person
,
for
what
Place
he
will
serve
,
and
wave
the
other
Election
,
so
as
a
Writ
may
issue
for
a
new
Election
,
that
the
Number
may
be
full
.
No
Tallage
or
Aid
shall
be
taken
or
levied
by
Us
,
or
our
Heirs
,
St.
So.
E.
I.
c.
1.
Of
the
Elected
vide
ante
.
14.21
.
in
our
Realm
without
the
Goodwill
and
Assent
of
Archbishops
,
Bishops
,
Earls
,
Barons
,
Knights
,
Burgesses
,
and
other
Freemen
of
the
Land
.
The
King
wills
and
commands
,
Stat.
5.
R.
2.
c.
4.
Persons
and
Commonalty
summoned
to
attend
,
&c.
as
of
old
.
and
it
is
assented
in
Parliament
by
the
Prelates
,
Lords
and
Commons
,
That
all
Persons
and
Commonalties
,
which
shall
have
the
Summons
of
Parliament
,
shall
come
to
the
Parliaments
in
the
Manner
as
they
are
bound
to
do
,
and
have
been
accustomed
within
the
Realm
of
England
,
of
old
Times
.
And
if
any
Person
of
the
same
Realm
,
Knights
,
Citizens
,
and
Burgesses
absenting
to
be
amerced
and
punish'd
as
in
Old
Times
.
which
shall
have
the
said
Summons
(
be
Knight
of
the
Shire
,
Citizen
of
City
,
Burgess
of
Borough
,
or
other
Person
,
Commonalty
)
do
absent
himself
,
and
come
not
at
the
said
Summons
(
except
he
may
reasonably
,
England
.
and
honestly
excuse
him
to
our
Lord
the
King
)
he
shall
be
amerced
,
and
otherwise
punished
as
in
old
Times
hath
been
used
,
&c.
That
Knights
of
Shires
,
which
shall
be
chosen
in
every
Shire
,
St.
1.
H.
5.
c.
1.
Knights
of
Shires
to
be
elected
of
such
only
who
reside
within
the
Countries
at
the
Dat.
of
the
Writ
.
be
not
chosen
,
unless
they
be
resident
within
the
same
Shire
,
the
Day
of
the
Date
of
the
Writ
of
Summons
.
And
that
the
Citizens
and
Burgesses
of
the
Cities
and
Boroughs
be
chosen
Men
,
Citizens
and
Burgesses
to
reside
in
,
and
be
free
of
the
Cities
and
Boroughs
.
Citizens
and
Burgesses
,
resient
,
dwelling
,
and
free
in
the
same
Cities
and
Boroughs
,
and
no
other
in
any
wise
.
That
such
as
have
the
greatest
Number
of
them
that
may
expend
40
s.
by
the
Year
,
Knights
of
Shires
shall
be
such
as
have
the
majority
of
those
that
can
expend
40
sa
Year
,
or
more
,
and
be
resident
.
and
above
,
shall
be
returned
(
Knight
of
the
Shire
)
&c.
and
that
they
which
shall
be
chosen
shall
be
dwelling
,
and
resient
within
the
same
Counties
.
Ordained
,
St.
23.
H.
6.
c.
15.
Citizens
and
Burgesses
only
to
be
elected
by
Citizens
and
Burgesses
,
and
the
Sheriff
to
direct
his
Precept
accordingly
.
&c.
That
every
Sheriff
after
the
Delivery
of
any
Writ
(
of
Election
)
to
him
,
shall
make
and
deliver
without
Fraud
,
a
sufficient
Precept
under
his
Seal
to
every
Mayor
and
Bailiff
,
or
to
Bailiffs
or
Bailiff
where
no
Mayor
is
,
England
.
of
the
Cities
and
Boroughs
within
his
County
,
reciting
the
said
Writ
,
commanding
them
by
his
Precept
,
if
it
be
a
City
,
to
choose
,
&c.
Citizens
;
and
in
the
same
Manner
if
it
be
a
Borough
,
to
choose
Burgesses
.
And
every
Sheriff
at
every
Time
that
he
doth
contrary
to
this
,
Knights
,
Citizens
,
or
Burgesses
elected
,
&
not
duly
return'd
(
the
Sheriff
acting
contrary
to
have
Action
of
Debt
against
him
,
his
Executors
,
or
Administrators
,
for
100
l.
with
Costs
,
wherein
no
Wager
of
Law
,
&c.
or
any
other
Statute
for
the
Election
of
Knights
,
Citizens
and
Burgesses
,
before
made
,
shall
forfeit
and
pay
to
every
Person
chosen
Knight
,
Citizen
or
Burgess
in
his
County
,
and
not
duly
returned
,
100
l.
whereof
every
Knight
,
Citizen
or
Burgess
so
griev'd
,
severally
shall
have
his
Action
of
Debt
against
the
said
Sheriff
,
or
his
Executors
or
Administrators
,
to
demand
and
have
the
said
100
l.
with
his
Costs
spent
.
And
that
the
Defendant
shall
not
wage
his
Law
,
or
have
any
Essoign
.
And
if
any
Mayor
and
Bailiffs
,
The
like
Action
given
against
Mayor
or
Bailiffs
,
their
Executors
or
Administrators
for
40
l.
Debt
and
Costs
,
for
returning
others
than
such
as
are
chosen
Citizens
and
Burgesses
by
Citizens
and
Burgesses
.
And
no
Wager
of
Law
,
&c.
Such
Knt.
Citizen
,
and
Burgess
to
commence
the
Action
within
3
Months
after
the
Commencement
of
such
Parliament
,
and
proceed
without
Fraud
or
Bailiffs
or
Bailiff
,
where
no
Mayor
is
,
shall
return
others
than
those
which
be
chosen
,
&c.
he
shall
forfeit
and
pay
to
every
Person
hereafter
chosen
Citizen
or
Burgess
,
and
not
returned
,
40
l.
whereof
every
of
the
Citizens
and
Burgesses
so
grieved
,
severally
shall
have
his
Action
of
Debt
,
against
every
of
the
said
Mayor
and
Bailiffs
(
or
Bailiffs
or
Bailiff
where
no
Mayor
is
)
or
against
their
Executors
,
England
.
Administrators
,
to
demand
and
have
of
every
of
them
,
40
l.
with
his
Costs
in
this
Case
expended
.
And
that
in
such
Action
of
Debt
,
no
Defendant
shall
wage
his
Law
,
nor
have
any
Essoign
.
Provided
that
every
Knight
,
Citizen
and
Burgess
in
due
Form
chosen
,
and
not
returned
as
asoresaid
,
shall
begin
his
said
Action
within
three
Months
after
the
Parliament
commenced
,
and
to
proceed
in
the
same
Suit
effectually
,
without
Fraud
.
And
if
any
Knight
,
If
any
Knt.
Citizen
,
or
Burgess
return'd
,
be
put
out
,
&c.
100
l.
forfeited
to
the
King
by
any
Person
put
in
his
place
,
and
serving
as
such
And
a
like
Action
against
him
,
&c.
for
100
l.
Debt
and
Costs
to
the
partygrieved
,
to
be
commenced
within
3
Mo.
after
the
Commencement
of
Parliam
.
No
Wagers
of
Law
,
&c.
And
like
Process
as
in
Trespass
at
common
Law
.
Citizen
or
Burgess
hereafter
returned
by
the
Sheriff
,
in
Manner
asoresaid
,
after
such
Return
be
by
any
Person
put
out
,
and
another
put
in
his
Place
,
that
such
Person
so
put
in
the
Place
of
him
which
is
out
,
if
he
take
upon
him
to
be
Knight
,
Citizen
or
Burgess
at
any
Parliament
,
shall
forfeit
to
the
King
100
l.
and
100
l.
to
the
Knight
,
Citizen
or
Burgess
so
returned
by
the
Sheriff
,
and
after
put
out
.
And
that
the
Knight
,
Citizen
or
Burgess
so
put
out
,
shall
have
an
Action
of
Debt
of
the
same
100
l.
against
such
Person
put
in
his
Place
,
his
Executors
or
Administrators
,
England
.
provided
he
begin
his
Suit
within
three
Months
after
the
Parliament
commenced
,
&c.
And
that
no
Defendant
in
such
Action
shall
wage
his
Law
,
nor
be
essoigned
.
And
that
such
Process
shall
be
in
the
Actions
aforesaid
,
as
in
a
Writ
of
Trespass
against
the
Peace
,
at
Common
Law
.
That
the
Knights
of
the
Shires
for
the
Parliament
,
shall
be
notable
Knights
of
the
same
Counties
,
Knts.
of
the
Shires
be
Knts.
of
the
Counties
they
shall
be
elected
for
,
or
Esquires
,
or
Gentlemen
able
to
be
Knts.
and
not
Yeomen
,
&c.
for
the
which
they
shall
be
chosen
,
or
otherwise
such
notable
Esquires
or
Gentlemen
born
of
the
same
Counties
as
shall
be
able
to
be
Knights
.
And
no
Man
to
be
such
Knight
,
which
standeth
in
the
Degree
of
a
Yeoman
,
or
under
.
That
no
Knights
(
of
Shires
)
Citizens
,
St.
6
H.
8
c.
16.
Knts.
Citizens
,
&c.
not
to
depart
or
be
absent
from
Parliament
,
without
leave
of
the
House
to
be
entred
in
the
Journal
.
Burgesses
and
Barons
(
of
Cinque-Ports
)
nor
any
of
them
that
be
elected
to
Parliament
,
do
depart
from
the
said
Parliament
,
nor
absent
himself
from
the
same
,
till
the
said
Parliament
be
fully
finished
,
ended
,
or
prorogued
,
except
he
or
they
so
departing
have
Licence
of
the
Speaker
and
Commons
in
the
said
Parliament
assembled
,
England
.
and
the
same
Licence
entred
of
Record
in
the
Book
of
the
Clerk
of
the
Parliament
,
appointed
for
the
Commons
House
,
&c.
That
the
two
Knights
to
be
elected
to
Parliament
for
the
Shire
of
Monmouth
(
heretofore
Part
of
Wales
)
and
the
one
Burgess
for
the
Borough
of
Monmouth
,
St.
27
H.
8.
c.
26.
The
two
Knts.
and
one
Burgess
for
the
Borough
and
County
of
Monmorth
to
have
like
Privilege
,
&c.
as
other
Knights
and
Burgesses
.
shall
have
like
Dignity
,
Pre-eminence
and
Privilege
,
as
other
Knights
and
Burgesses
of
Parliament
.
And
that
the
Knight
which
shall
be
elected
for
the
Shires
of
Brecknock
,
And
Knt.
for
each
County
,
and
Burgess
for
each
Shire-Town
in
Wales
,
to
have
like
Privileges
&c.
Radnor
,
Montgomery
and
Denbigh
,
and
for
every
other
Shire
within
the
Country
or
Dominion
of
Wales
,
and
for
every
other
Borough
being
a
Shire-Town
within
the
same
,
shall
have
like
Dignity
,
Pre-eminence
and
Privilege
,
as
other
Knights
of
Parliament
.
That
the
two
Knights
to
be
elected
for
the
County
Palatine
of
Chester
,
The
two
Knts.
for
the
County
,
and
two
Burgesses
for
the
City
of
Chester
,
to
have
like
Privileges
,
&c.
and
two
Citizens
as
Burgesses
for
the
City
of
Chester
,
shall
be
Knights
and
Burgesses
of
the
Court
of
Parliament
,
and
have
like
Voice
and
Authority
,
to
Intents
and
Purposes
,
as
any
other
the
Knights
and
Burgesses
of
the
said
Court
have
,
use
,
and
enjoy
,
&c.
Vide
ante
176.
That
the
two
Knights
to
be
elected
for
the
County
,
England
.
and
the
two
Citizens
as
Burgesses
for
the
City
of
Durham
(
the
Election
of
Knights
of
the
Shire
to
be
by
a
Majority
of
Freeholders
;
Stat.
25
C.
ch.
29.
ante
.
The
two
Knights
to
be
elected
for
the
County
and
two
Burgesses
for
the
City
of
Durham
,
by
a
Majority
of
Freeholders
,
and
a
like
Majority
of
Mayor
,
Aldermen
and
Freemen
present
,
to
have
like
Privileges
&c.
and
the
Burgesses
by
a
Majority
of
the
Mayor
,
Aldermen
,
and
Freemen
present
at
such
Election
)
shall
be
Knights
and
Burgesses
of
the
High
Court
of
Parliament
,
to
all
Intents
and
Purposes
,
and
have
and
use
the
like
Voice
,
Authority
and
Places
therein
,
to
all
Intents
and
Purposes
,
as
any
other
the
Knights
and
Burgesses
of
the
said
Court
,
and
shall
,
have
,
use
and
enjoy
all
such
and
the
like
Liberties
,
Advantages
,
Dignities
and
Privileges
concerning
the
said
Court
,
to
all
Intents
,
Constructions
and
Purposes
as
any
other
the
Knights
and
Burgesses
of
the
said
High
Court
have
,
had
,
used
,
&c.
Vide
ante
176.
That
every
Person
which
hereafter
shall
be
elected
a
Knight
,
Stat.
5.
Eliz.
c.
1.
Knights
,
Citizens
,
&c.
before
their
sitting
in
Parliament
,
to
take
the
Oath
of
Supremacy
before
the
Lord
Steward
,
or
his
Deputies
,
and
for
the
contrary
to
lose
their
Memberships
,
and
incur
such
Penalties
as
if
they
had
sat
without
Election
,
Return
,
&c.
Citizen
or
Burgess
,
or
Baron
for
any
of
the
Five
Ports
,
for
any
Parliament
or
Parliaments
hereafter
to
be
holden
,
shall
before
he
enter
the
Parliament
House
,
or
have
any
Voice
there
,
openly
receive
and
pronounce
the
Oath
(
[
](A54632-e50040-b)*
*
The
Oath
of
Supremacy
mentioned
in
this
Act
,
is
abrogated
by
the
Stat.
1
W.
&
M.
ch.
1.
and
a
new
one
appointed
,
which
see
,
ante
p.
177.
expressed
in
the
Stat.
1
Eliz.
ch.
1.
England
.
commonly
called
the
Oath
of
Supremacy
)
before
the
Lord
Steward
(
of
the
Queen's
Houshold
)
or
his
Deputy
or
Deputies
for
that
Time
to
be
appointed
,
and
that
he
which
shall
enter
into
the
Parliament
House
without
taking
the
said
Oath
,
shall
be
deemed
no
Knight
,
Citizen
,
Burgess
nor
Baron
for
that
Parliament
,
nor
shall
have
any
Voice
,
but
shall
be
to
all
Intents
,
Constructions
and
Purposes
,
as
if
he
had
never
been
returned
nor
elected
Knight
,
Citizen
,
Burgess
or
Baron
for
that
Parliament
,
and
shall
suffer
such
Pains
and
Penalties
,
as
if
he
had
presumed
to
sit
in
the
same
without
Election
,
Return
or
Authority
.
That
all
and
every
the
Knights
,
Citizens
,
Stat.
7.
Jac
1.
c.
6.
Knights
,
Citizens
,
&c.
at
any
Parliament
,
or
Sessions
,
to
take
the
Oath
of
Allegiance
before
the
Lord
Steward
,
&c.
ere
they
be
permitted
to
sit
.
Burgesses
and
Barons
of
the
Five
Ports
of
the
Commons
House
of
Parliament
,
at
any
Parliament
or
Session
of
Parliament
,
before
he
or
they
shall
be
permitted
to
enter
into
the
said
House
(
shall
make
,
take
and
receive
the
Oath
of
Obedience
mentioned
in
the
Statute
of
3
Jac.
1.
ch.
4.
commonly
called
the
Oath
of
Allegiance
[
](A54632-e50210-b)*
*
The
Oath
of
Allegiance
mentioned
in
this
Act
,
is
abrogated
by
the
Stat.
of
1
W.
&
M.
c.
1.
as
aforesaid
.
post
.
198.
)
before
the
Lord
Steward
(
of
the
King's
Houshold
)
his
Deputy
or
Deputies
.
That
none
which
shall
be
a
Member
of
the
House
of
Commons
,
England
.
shall
vote
in
the
said
House
,
St.
30
C.
2.
c.
1.
Members
of
the
House
of
Commons
shall
not
vote
or
sit
there
during
any
Debate
after
their
Speaker
chosen
,
until
they
have
taken
the
Oaths
of
Allegiance
and
Supremacy
,
and
subscribed
the
Test
,
between
Hours
of
9
and
4
,
in
a
full
House
.
or
sit
there
during
any
Debate
in
the
said
House
,
after
their
Speaker
is
chosen
,
until
such
Member
shall
first
take
the
several
[
](A54632-e50340-b)†
†
These
Oaths
are
abrogated
by
Stat.
1
W.
&
M.
c.
1.
Oaths
of
Allegiance
and
Supremacy
,
and
make
,
subscribe
,
and
audibly
repeat
the
Declaration
(
in
this
Act
contained
,
commonly
called
the
Test
)
which
said
Oaths
and
Declaration
shall
be
in
this
and
every
succeeding
Parliament
solemnly
and
publickly
made
and
subscribed
betwixt
the
Hours
of
Nine
in
the
Morning
and
Four
in
the
Afternoon
,
by
every
such
Member
at
the
Table
,
in
the
Middle
of
the
said
House
,
and
whilst
a
full
House
of
House
is
there
duly
sitting
,
with
their
Speaker
in
his
Chair
,
and
that
the
same
be
done
in
the
House
,
in
such-like
Order
or
Method
as
the
House
is
called
over
by
.
If
any
Member
of
the
House
of
Commons
shall
presume
to
do
any
thing
contrary
to
this
Act
,
Members
acting
contrary
,
shall
be
adjudged
Popish
Recusants
convict
,
and
suffer
as
such
,
and
be
disabled
to
hold
any
Office
or
Place
of
Profit
or
Trust
in
England
or
is
Dominions
,
to
sit
or
vote
in
Parlia
-
,
ment
,
bring
any
Action
or
Information
at
Law
,
or
Suit
in
Equity
,
be
Guardian
of
any
Child
,
Executor
or
Administrator
of
any
Person
,
or
capable
of
any
Legacy
or
Deed
of
G●●
,
and
forfeit
500
l
for
every
Offence
to
any
that
will
sue
by
Action
of
Debt
,
&c.
where
no
Essoign
,
&c.
every
Member
so
offending
shall
from
thenceforth
be
deemed
and
adjudged
a
Popish
Recusant
Convict
,
to
all
Intents
and
Purposes
,
and
shall
forfeit
and
suffer
as
a
Popish
Recusant
Convict
,
and
shall
be
disabled
to
hold
or
execute
any
Office
or
Place
of
Profit
or
Trust
,
England
.
Civil
or
Military
,
in
any
of
His
Majesty's
Realms
of
England
or
Ireland
,
Dominion
of
Wales
,
or
Town
of
Berwick
upon
Tweed
,
or
in
any
of
His
Majesty's
Realms
,
Islands
,
or
Foreign
Plantations
to
the
said
Realms
belonging
,
and
shall
be
disabled
to
sit
or
vote
in
Parliament
,
or
to
sue
or
use
any
Action
,
Bill
,
Plaint
,
or
Information
in
course
of
Law
,
or
to
prosecute
any
Suit
in
any
Court
of
Equity
,
or
to
be
Guardian
of
any
Child
,
or
Executor
or
Administrator
of
any
Person
,
or
capable
of
any
Legacy
or
Deed
of
Gift
,
and
shall
forfeit
for
every
wilful
Offence
against
this
Act
the
Sum
of
500
l.
to
be
recovered
or
received
by
him
or
them
that
will
sue
for
the
same
,
and
to
be
prosecuted
by
any
Action
of
Debt
,
Suit
,
Bill
,
Plaint
,
or
Information
in
any
of
His
Majesty's
Courts
at
Westminster
,
where
no
Essoign
,
Protection
,
or
Wager
of
Law
shall
lie
.
It
shall
be
lawful
to
and
for
the
House
of
Commons
,
as
often
as
they
shall
see
Occasion
,
Members
obliged
to
take
the
said
Oaths
and
subscribe
the
Test
in
the
House
as
often
as
the
House
shall
think
fit
,
and
Members
acting
contrary
,
and
presuming
to
sit
,
incapacitated
during
that
Parliament
.
to
order
or
cause
all
or
any
of
the
Members
of
Parliament
openly
in
their
House
to
take
the
said
Oaths
,
England
.
and
to
make
and
subscribe
the
said
Declaration
,
at
such
Times
,
and
in
such
Manner
,
as
they
shall
appoint
.
And
if
any
Member
of
the
House
of
Commons
shall
,
contrary
to
such
Order
made
by
their
House
,
wilfully
presume
to
sit
therein
,
without
taking
the
said
Oaths
,
and
making
and
subscribing
the
said
Declaration
,
every
such
Member
so
presuming
to
sit
,
shall
be
adjudged
,
and
is
declared
to
be
uncapable
and
disabled
in
Law
,
to
all
Intents
and
Purposes
,
to
sit
in
the
said
House
,
or
give
any
Voice
therein
during
that
Parliament
.
And
in
Case
any
Member
of
the
House
,
Such
Members
Election
declared
void
,
and
the
Speaker
by
Order
of
the
House
to
issue
his
Warrant
for
a
new
Election
.
shall
by
virtue
of
this
Act
be
disabled
to
sit
or
vote
in
the
House
,
then
,
without
any
further
Conviction
,
or
other
Proceedings
against
such
Member
,
the
Place
for
which
he
was
elected
,
is
hereby
declared
void
,
and
a
new
Writ
shall
issue
out
of
Chancery
,
by
Warrant
from
the
Speaker
,
and
by
Order
of
the
said
House
,
for
the
Election
of
a
new
Member
,
in
the
Place
of
such
Member
so
disabled
,
to
all
Intents
and
Purposes
,
as
if
such
Member
or
Members
were
naturally
dead
,
&c.
During
the
taking
the
Oaths
and
subscribing
the
Test
,
all
other
Proceedings
in
Parliament
to
cease
,
and
the
Oath
,
Declaration
and
Subscription
,
with
a
Schedule
of
the
Names
of
the
Persons
taking
and
subscribing
them
,
England
.
to
be
entred
and
filed
in
Parchment
Rolls
provided
by
the
Clerk
of
the
House
,
and
each
Member
to
pay
only
12
d.
for
every
such
Entry
.
That
the
said
Act
30
Car.
2.
Stat.
1
W.
&
M.
c.
1.
Members
of
the
House
of
Commons
qualified
to
sit
and
vote
by
taking
the
Oaths
of
Allegiance
and
Supremacy
appionted
by
this
Act
(
instead
of
the
old
ones
,
now
repealed
)
and
by
subscribing
the
Test
according
to
the
Limitations
,
&c.
of
the
preceding
Statute
30
Car.
2
and
all
other
Acts
of
Parliament
,
as
to
so
much
of
the
said
Act
or
Acts
only
as
concerns
the
taking
the
Oaths
of
Supremacy
and
Allegiance
,
or
either
of
them
in
the
said
Acts
respectively
mentioned
)
by
any
Member
or
Members
of
the
House
,
with
relation
to
their
sitting
and
voting
in
Parliament
,
are
hereby
repealed
to
all
Intents
and
Purposes
,
any
Thing
in
the
said
recited
Act
or
Acts
to
the
contrary
.
And
In
all
future
Parliaments
the
Oaths
(
in
this
Act
mentioned
)
and
the
Declaration
in
the
Act
30
Car.
2.
mentioned
,
shall
be
taken
,
made
,
subscribed
and
repeated
by
every
Member
of
the
House
,
within
the
Time
,
and
in
the
same
Manner
and
Form
,
and
under
the
Penalties
and
Disabilities
as
the
said
Oaths
of
Allegiance
and
Supremacy
,
and
the
said
Declaration
by
the
said
Act
of
Car.
2.
are
limited
,
ordained
and
appointed
(
and
not
at
any
other
Time
,
England
.
or
in
any
other
Manner
)
to
enable
them
to
sit
and
vote
in
Parliament
,
any
Thing
in
the
said
Act
or
Acts
to
the
contrary
.
That
Elections
of
Members
of
Parliament
ought
to
be
Free
.
Stat.
1
W.
&
M.
c.
2.
The
claim
of
Right
.
That
the
Freedom
of
Speech
and
Debates
on
Proceedings
in
Parliament
ought
not
to
be
impeached
or
questioned
in
any
Court
or
Place
out
of
Parliament
.
Enacted
accordingly
.
That
no
Member
of
the
House
of
Commons
shall
at
any
Time
be
concerned
directly
or
indirectly
,
Sta.
5
&
6
W.
&
M.
ch.
7.
Members
of
the
House
of
Commons
to
be
no
ways
concerned
in
Duties
or
Aids
to
be
granted
by
Parliament
,
except
Commissioners
of
the
Treasury
,
Customs
,
Excise
,
and
Land
Tax
.
or
any
other
in
Trust
for
him
,
in
the
farming
,
collecting
or
managing
any
of
the
Duties
,
or
other
Aids
that
hereafter
shall
be
granted
by
Act
of
Parliament
(
except
the
Commissioners
of
the
Treasury
,
and
the
Officers
,
and
Commissioners
for
managing
the
Customs
and
Excise
,
not
exceeding
the
present
Number
in
each
Office
,
and
Commissioners
of
the
Land
Tax
.
(
Quere
the
Novelty
of
this
Exception
.
)
That
any
Member
or
Members
of
the
House
of
Commons
,
Stat.
5
&
6
W.
and
M.
c.
20.
Members
of
the
House
of
Commons
may
be
Members
of
the
Bank
.
may
be
a
Member
or
Members
of
the
Corporation
(
of
the
Governor
and
Company
of
the
Bank
of
England
.
England
.
)
That
o
Collector
,
Supervisor
,
Gauger
or
other
Officer
,
or
Person
whatsoever
concerned
or
imployed
in
the
charging
,
levying
or
managing
the
Duties
of
Excise
,
or
any
Branch
or
Part
thereof
,
shall
by
Word
,
Officers
of
the
Excise
not
to
intermedle
,
&c.
Message
or
Writing
,
or
in
any
other
Manner
endeavour
to
persuade
any
Elector
to
give
,
or
dissuade
any
Elector
from
giving
his
Vote
for
the
Choice
of
any
Person
to
be
a
Knight
of
the
Shire
,
Citizen
,
Burgess
or
Baron
of
any
County
,
City
,
Borough
or
Cinque-Port
,
and
every
Officer
,
or
other
Person
offending
therein
,
shall
forfeit
the
Sum
of
100
l.
one
Moiety
thereof
to
the
Informer
,
the
other
Moiety
to
the
Poor
of
the
Parish
where
such
Offence
shall
be
committed
,
to
be
recovered
by
any
Person
that
shall
sue
for
the
same
,
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
of
their
Majesties
Courts
of
Record
at
Westminster
,
in
which
no
Essoign
,
Protection
,
Privilege
,
or
more
than
one
Imparlance
shall
be
allowed
,
and
every
Person
convict
on
Suit
of
the
said
Offence
,
shall
be
for
ever
incapacitated
to
bear
any
Office
,
or
Place
of
Trust
under
the
Crown
.
That
no
Persons
hereafter
to
be
elected
to
serve
in
Parliament
for
any
County
,
City
,
Town
,
England
.
Borough
,
St.
7.
W.
3.
c.
4.
No
Persons
to
be
elected
after
the
Teste
of
the
Writ
shall
by
themselves
,
or
any
other
at
their
charge
,
before
the
Election
,
give
,
promise
,
or
oblige
themselves
to
give
any
thing
to
any
Person
,
having
a
Vote
in
particular
or
to
any
County
or
Place
in
general
in
order
to
be
elected
.
Port
or
Place
within
the
Kingdom
of
England
,
Dominion
of
Wales
,
or
Town
of
Berwick
upon
Tweed
,
after
the
Teste
of
the
Writ
of
Summons
,
or
after
the
Teste
,
or
issuing
out
,
or
ordering
of
the
Writ
or
Writs
of
Election
upon
the
calling
,
or
summoning
of
any
Parliament
,
or
after
any
such
Place
becomes
vacant
,
shall
,
or
do
hereafter
by
himself
,
or
themselves
,
or
by
any
other
Ways
or
Means
on
his
or
their
Behalf
,
or
at
his
or
their
Charge
,
before
his
or
their
Election
in
England
,
Wales
or
Berwick
,
directly
or
indirectly
,
give
,
present
or
allow
to
any
Person
,
having
Voice
or
Vote
in
such
Election
,
any
Money
,
Meat
,
Drink
,
Entertainment
or
Provision
,
or
make
any
Present
,
Gift
,
Reward
or
Entertainment
,
or
shall
make
any
Promise
,
Agreement
,
Obligation
or
Engagement
to
give
or
allow
any
Money
,
Meat
,
Drink
,
Provision
,
Present
,
Reward
or
Entertainment
,
to
or
for
any
such
Person
in
Particular
,
or
to
any
such
County
,
City
,
Town
,
Borough
,
Port
or
Place
in
general
,
or
to
or
for
the
Use
,
Advantage
,
Benefit
,
Imployment
,
Profit
or
Preferment
of
any
such
Person
or
Place
,
in
Order
to
be
elected
,
England
.
or
for
being
elected
to
serve
in
Parliament
,
for
such
County
,
City
,
Town
,
Borough
,
Port
or
Place
.
And
that
every
Person
so
giving
,
presenting
or
allowing
,
Such
Persons
so
giving
,
promising
,
&c.
disabled
to
serve
,
as
never
elected
or
returned
.
making
,
promising
or
engaging
,
doing
,
acting
or
proceeding
,
shall
be
,
and
are
hereby
disabled
and
incapacitated
upon
such
Election
to
serve
in
Parliament
for
such
County
,
City
,
Town
,
Borough
,
Port
or
Place
,
and
shall
be
deemed
and
taken
no
Member
in
Parliament
,
and
shall
not
act
,
sit
or
have
any
Vote
or
Place
in
Parliament
,
but
shall
be
,
and
are
to
all
Intents
,
Constructions
and
Purposes
,
as
if
they
had
been
never
returned
or
elected
,
&c.
That
all
false
Returns
willfully
made
of
any
Knight
of
the
Shire
,
Stat.
7
and
S.
W.
3.
c.
7.
&
continued
by
St.
12.
&
13.
W.
3.
c.
5.
False
Returns
of
Knights
,
Citizens
,
&c.
illegal
and
prohibited
.
Citizen
,
Burgess
,
Baron
of
the
Cinque-Ports
,
or
other
Member
to
serve
in
Parliament
are
against
Law
,
and
are
hereby
prohibited
.
The
Party
grieved
(
by
any
false
return
,
An
Action
given
to
any
duly
elected
against
the
Officer
and
Procurer
of
a
false
Return
,
or
Return
contrary
to
the
last
determination
of
the
Kight
of
Election
in
any
Court
at
Westminster
,
with
double
Damages
,
and
full
Costs
.
and
contrary
to
the
last
Determination
of
the
Right
of
Election
of
the
House
of
Commons
,
which
is
also
adjudg'd
a
false
Return
)
(
to
wit
)
every
Person
that
shall
be
duly
Elected
to
Parliament
for
any
County
,
City
,
Borough
,
Cinque-Port
,
or
Place
,
England
.
by
such
false
Return
,
may
Sue
the
Officers
and
Persons
making
or
procuring
the
same
,
and
every
or
any
of
them
,
at
his
Election
,
in
any
of
his
Majesty's
Courts
of
Record
at
Westminster
,
and
shall
recover
double
the
Damages
he
shall
sustain
by
reason
thereof
,
together
with
his
full
Costs
of
Suit
.
And
if
any
Officer
shall
willfully
,
Like
Action
given
the
elected
against
Officer
,
&c.
falsly
,
&c.
making
double
Returns
,
and
the
Prosecuters
of
such
Returns
.
Contracts
Bonds
,
&c.
given
to
procure
the
Return
of
any
Members
adjudged
void
,
and
such
(
Members
)
as
make
or
give
them
to
procure
any
false
or
double
Return
,
forfeit
300
l.
One
third
to
the
King
,
another
to
the
Poor
of
the
County
,
City
,
&c.
and
a
third
to
the
Informer
,
with
his
Costs
,
to
be
recovered
by
Action
of
Debt
,
&c.
wherein
no
Essoign
&c.
and
but
one
Imparlance
.
falsly
,
and
maliciously
Return
more
Persons
than
are
required
to
be
chosen
by
the
Writ
or
Precept
on
which
any
Choice
is
made
,
the
like
Remedy
against
him
or
them
,
and
the
Party
or
Parties
that
willingly
procure
the
same
,
or
any
of
them
,
by
the
Party
grieved
at
his
Election
.
All
Contracts
,
Promises
,
Bonds
,
and
Securities
whatsoever
hereafter
made
or
given
to
procure
any
Return
of
any
Member
to
Parliament
,
or
any
thing
relating
thereunto
,
shall
be
adjudged
void
;
and
whoever
makes
or
gives
such
Contract
,
Security
,
Promise
,
or
Bond
,
or
any
Gift
or
Reward
to
procure
such
false
or
double
Return
,
shall
forseit
the
Sum
of
300
l.
one
third
part
to
his
Majesty
,
another
third
part
to
the
Poor
of
the
County
,
City
,
Borough
or
Place
concerned
,
England
.
and
one
third
part
to
the
Informer
,
with
his
Costs
,
to
be
recovered
in
any
Court
of
Record
at
Westminster
,
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
wherein
no
Essoign
,
Protection
,
or
Wager
of
Law
shall
be
allowed
,
nor
more
than
one
Imparlance
.
The
Clerk
of
the
Crown
to
keep
a
Book
of
Entry
of
every
single
and
double
Return
,
Clerk
of
the
Crown
to
keep
Books
of
Entry
of
Returns
,
&c.
and
of
every
Alteration
and
Amendment
in
every
such
Return
,
whereto
all
Persons
are
to
have
access
,
and
take
Copies
of
so
much
as
desir'd
at
a
reasonable
Fee
—
The
Parties
prosecuting
such
Suit
(
Candidates
)
may
give
such
Book
,
or
a
true
Copy
thereof
in
Evidence
,
and
have
like
Advantage
as
by
producing
the
Record
itself
:
And
if
the
Clerk
of
the
Crown
makes
not
such
Entry
within
six
Days
after
any
Return
,
or
alters
any
Return
without
Order
of
the
House
of
Commons
,
or
gives
a
Certificate
of
any
Person
not
returned
,
or
wilfully
neglects
or
omits
his
Duty
herein
,
he
shall
forfeit
500
l.
for
each
Offence
to
the
parth
grieved
(
Candidate
)
to
be
recovered
as
aforesaid
,
and
lose
his
Office
,
and
be
for
ever
incapable
of
holding
it
.
Every
Information
or
Action
upon
this
Statute
,
England
.
shall
be
brought
within
two
Years
after
the
cause
of
Action
shall
arise
,
Informations
or
Actions
on
this
Statute
to
be
brought
within
2
Years
.
and
not
after
.
That
upon
every
Election
to
be
made
of
any
Knight
or
Knights
of
the
Shire
(
in
case
a
Poll
shall
be
requir'd
)
the
Sheriff
or
his
Under-Sheriff
shall
appoint
for
each
Candidate
such
one
Person
as
shall
be
nominated
to
him
by
each
Candidate
,
Candidates
for
Knights
of
the
Shire
may
nominate
Persons
to
be
Inspectors
of
the
Poll
,
and
may
require
each
Freeholder
to
be
sworn
before
admitted
to
Poll.
to
be
Inspectors
of
every
Clerk
who
shall
be
appointed
for
taking
the
Poll
;
and
every
Freeholder
,
before
he
is
admitted
to
Poll
at
the
same
Election
,
shall
,
if
required
by
the
Candidates
or
any
of
them
,
first
take
the
Oath
(
in
this
Act
contained
)
Vide
ante
.
And
if
any
Person
do
unlawfully
and
corruptly
procure
or
suborn
any
Freeholder
or
Person
to
take
the
said
Oath
in
order
to
be
Polled
,
Any
Person
procuring
a
Freeholder
or
other
to
take
the
Oath
for
the
Poll
,
whereby
he
commits
Perjury
,
and
convicted
of
such
Subornation
,
for
every
Offence
(
forfeits
40
l.
and
be
incapacitated
as
a
Witness
till
such
Judgment
reversed
;
and
for
want
of
40
l.
imprisoned
half
a
Year
and
stand
in
the
Pillory
an
Hour
,
per
Stat.
5
Eliz.
ch.
9.
whereby
he
shall
commit
wilful
and
corrupt
Perjury
,
and
shall
be
thereof
convicted
,
he
for
every
such
Offence
shall
incur
the
like
Pains
and
Penalties
as
are
in
and
by
one
Act
made
in
the
5th
Elizabeth
,
&c.
enacted
against
all
such
who
shall
,
&c.
Suboru
or
Procure
any
Person
to
commit
any
unlawful
and
corrupt
Perjury
contrary
to
the
said
Act.
England
.
The
said
Sheriff
,
Without
the
Candidates
consent
,
the
County
Court
not
to
be
adjourned
from
the
place
of
Election
,
nor
the
Poll
discontinued
.
or
in
his
Absence
his
Under-Sheriff
,
or
such
as
he
shall
depute
,
shall
not
adjourn
the
County-Court
from
the
Place
of
Election
to
any
other
Town
or
Place
within
the
same
County
without
consent
of
the
Candidates
,
but
shall
duly
and
orderly
proceed
to
take
the
Poll
from
Day
to
Day
,
and
Time
to
Time
,
without
any
further
or
other
Adjournment
,
without
the
Consent
of
the
Candidates
for
such
Adjournment
.
Every
Sheriff
,
Any
Person
may
demand
a
Copy
of
any
Poll
,
which
the
Sheriffs
,
Mayors
,
&c.
are
required
to
deliver
,
paying
reasonably
for
writing
it
.
To
each
Party
grieved
,
Mayors
,
Sheriffs
,
&c.
for
every
wilful
offence
forfeit
500
l.
to
be
recover'd
by
such
Party
,
his
Executors
,
or
Administrators
,
with
full
Costs
,
by
Action
of
Debt
,
&c.
wherein
no
Essoign
,
&c.
Under-Sheriff
,
Mayor
,
Bailiff
,
and
other
Officer
,
to
whom
the
Execution
of
any
Writ
or
Precept
shall
belong
for
the
electing
Members
to
Parliament
,
shall
forthwith
deliver
to
such
Person
or
Persons
as
shall
desire
the
same
,
a
Copy
of
the
Poll
taken
at
such
Election
,
paying
only
a
reasonable
Charge
for
writing
:
And
every
Sheriff
,
Under-Sheriff
,
Mayor
,
Bailiff
,
and
other
Officer
,
to
whom
the
Execution
of
any
Writ
or
Precept
for
electing
Members
to
Parliament
doth
belong
,
for
every
wilful
Offence
contrary
to
this
Act
shall
forfeit
to
every
Party
so
aggrieved
the
Sum
of
500
l.
to
be
recovered
by
him
or
them
,
England
.
his
or
their
Executors
or
Administrators
,
together
with
full
Costs
of
Suit
,
and
for
which
he
or
they
may
Sue
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
in
any
Court
at
Westminster
,
wherein
no
Essoign
,
Protection
,
Wager
of
Law
,
Privilege
,
or
Imparlance
,
shall
be
allowed
.
No
Person
shall
be
capable
of
being
elected
a
Member
to
Parliament
,
who
is
not
of
the
Age
of
21
Years
,
None
shall
be
elected
under
the
age
of
21
Years
.
The
choice
of
any
elected
under
that
Age
declared
void
;
and
such
Minor
sitting
&c.
in
Parliament
shall
incur
like
Penalties
as
if
sitting
,
&c.
unchosen
or
returned
.
and
every
Election
or
Return
of
any
Person
under
that
Age
is
declared
Null
and
Void
.
And
if
any
such
Minor
chosen
shall
presume
to
sit
or
vote
in
Parliament
,
he
shall
incur
such
Penalties
and
Forfeitures
as
if
he
had
presumed
to
Sit
and
Vote
in
Parliament
without
being
chosen
or
returned
.
The
Sheriff
of
the
County
of
Southampton
,
Candidates
for
the
County
of
Southampton
,
may
demand
of
the
Sheriff
,
after
the
end
of
the
Poll
at
Winchester
,
an
Adjournmens
to
Newport
in
the
Isle
of
W●ight
.
or
his
Deputy
,
at
the
request
of
one
or
more
of
the
Candidates
for
Election
of
a
Knight
or
Knights
for
that
County
,
shall
adjourn
the
Poll
from
Winchester
,
after
every
Freeholder
then
and
there
present
is
Polled
,
England
.
to
Newport
in
the
Isle
of
Wight
,
for
the
Ease
of
the
Inhabitants
of
the
said
Island
,
any
thing
in
this
Act
contained
to
the
contrary
.
No
Person
which
shall
refuse
to
take
the
Oaths
(
of
Allegiance
and
Supremacy
,
St.
7
&
8
W.
3.
c.
27.
Candidates
may
require
the
Sheriff
or
Chief
Officer
on
the
Poll
,
at
any
Election
,
to
administer
the
Oaths
of
Allegiance
and
Supremacy
to
Electors
,
(
and
if
Quakers
,
the
Declaration
of
Fidelity
)
and
on
refusal
,
not
to
admit
them
to
Vote
.
)
directed
by
an
Act
made
in
the
First
Year
of
His
present
Majesty
,
and
the
late
Queen
Mary
,
or
being
Quakers
,
shall
refuse
to
subscribe
the
Declaration
of
Fidelity
directed
by
one
other
Act
made
in
the
said
First
Year
of
His
present
Majesty
and
the
late
Queen
(
to
be
administred
on
the
Poll
by
the
Sheriff
or
Chief
Officer
at
any
Election
)
at
the
Request
of
any
one
of
the
Candidates
,
shall
be
admitted
to
give
any
Vote
for
the
Election
of
any
Knight
of
the
Shire
,
Citizen
,
Burgess
,
or
Baron
of
the
Cinque-Ports
,
to
serve
in
Parliament
.
Enacted
,
St.
11.
&
12.
W.
3.
c.
2.
Members
of
the
House
of
Commons
while
such
by
themselves
,
Deputies
,
or
Trustees
,
taking
or
executing
any
Office
in
the
Excise
,
or
Appeals
thereof
,
declared
incapable
of
sitting
,
&c
&c.
That
if
any
Member
of
the
House
of
Commons
,
during
the
time
of
his
being
a
Member
of
Parliament
,
by
his
Deputy
,
or
any
other
in
trust
for
him
or
his
benefit
,
take
,
enjoy
,
or
execute
any
Office
,
Place
,
or
Imployment
touching
or
concerning
the
farming
,
managing
,
or
collecting
the
Duty
of
Excise
,
or
determing
Appeals
concerning
the
said
Duty
,
or
comptrolling
or
Auditing
the
Accompts
of
the
same
,
such
Person
is
hereby
declared
and
enacted
to
be
absolutely
uncapable
of
siting
,
voting
,
or
acting
as
a
Member
of
the
House
of
Commons
in
such
Parliament
.
That
after
the
Limitation
of
the
Crown
to
the
Princess
Sophia
of
Hanover
,
St.
12
and
13
W.
3.
c.
2.
For
the
Limitation
of
the
Crown
to
the
House
of
Hanover
(
by
this
Act
)
shall
take
effect
no
Person
born
out
of
the
Kingdoms
of
England
,
Scotland
,
or
Ireland
,
or
the
Dominions
thereunto
belonging
,
(
although
he
be
naturaliz'd
or
made
a
Denizen
;
except
such
as
are
born
of
English
Parents
)
shall
be
capable
to
be
a
Member
of
the
House
of
Commons
.
Enacted
,
Members
of
the
House
of
Commons
incapacitated
from
being
Commissioners
or
Farmers
of
the
Customs
,
or
to
hold
in
their
own
or
others
Names
,
or
by
others
in
trust
,
or
execute
by
Deputies
any
Office
in
the
Customs
.
&c.
That
no
Member
of
the
House
of
Commons
shall
be
capable
of
being
a
Commissioner
or
Farmer
of
the
Customs
,
or
of
holding
or
enjoying
in
his
own
Name
,
or
in
the
Name
of
any
other
Person
in
Trust
for
him
,
or
for
his
Use
or
Benefit
,
or
of
Executing
,
.
by
himself
or
his
Deputy
,
any
Office
,
Place
or
Employment
touching
or
concerning
the
Farming
,
Collecting
,
or
Managing
the
Customs
.
Vide
ante
of
Officers
of
the
Excise
.
If
any
Member
of
the
House
of
Commons
shall
,
Members
while
such
,
so
taking
or
executing
any
such
Office
,
declared
incapable
of
sitting
,
&c.
during
the
time
of
his
being
a
Member
of
Parliament
,
by
himself
,
or
his
Deputy
,
or
any
other
in
Trust
for
him
,
or
for
his
Benefit
,
take
,
enjoy
,
or
execute
any
Office
,
Place
or
Employment
,
touching
or
concerning
the
Farming
,
Managing
,
or
collecting
the
Customs
,
such
Person
is
hereby
declared
and
enacted
to
be
absolutely
incapable
of
Sitting
,
Voting
,
or
Acting
as
a
Member
in
such
Parliament
.
Enacted
,
St.
1●
&
14
W.
3.
c.
6.
Members
of
the
House
of
Commons
not
to
vote
or
sit
there
during
any
Debate
,
after
their
Speaker
chosen
,
until
they
have
taken
and
subscribed
the
Abjuration
between
9
and
4
,
in
a
full
House
.
&c.
That
none
which
shall
be
a
Member
of
the
House
of
Commons
,
shall
Vote
in
the
House
of
Commons
,
or
Sit
there
during
any
Debate
in
the
said
House
of
Commons
,
after
their
Speaker
is
chosen
,
until
such
Member
shall
,
from
time
to
time
take
the
Oath
(
mentioned
in
this
Act
,
commonly
called
the
Abjuration
,
and
altered
by
Statute
1
Annae
ch.
22.
again
by
Stat.
4
&
5
Annae
ch.
8.
again
by
Stat.
6
Annae
ch.
7.
)
And
subscribe
the
same
in
manner
following
;
(
that
is
to
say
)
the
said
Oath
shall
be
in
this
and
every
other
succeeding
Parliament
,
solemnly
and
publickly
made
and
subscribed
between
the
Hours
of
Nine
in
the
Morning
,
and
Four
in
the
Afternoon
,
by
every
such
Member
of
the
House
of
Commons
,
at
the
Table
,
in
the
middle
of
the
said
House
,
and
whilst
a
full
House
is
there
duly
Sitting
with
their
Speaker
in
his
Chair
.
And
If
any
Member
shall
presume
to
Vote
,
Members
voting
,
not
having
so
taken
,
&c.
the
said
Oath
,
adjudged
Popish
Recusants
convict
,
and
forfeit
as
such
,
and
disabled
to
hold
any
Office
or
Place
of
Profit
or
Trust
in
England
or
its
Dominions
,
to
sit
or
vote
in
Parliam
.
bring
any
Action
or
Information
at
Law
;
or
Suit
in
Equity
,
be
Guardian
of
any
Child
,
Executor
or
Administrator
of
any
Person
,
or
capable
of
any
Legacy
or
Deed
of
Gift
,
and
to
forfeit
500
l.
to
any
that
will
sue
by
Action
of
Debt
,
&c.
where
no
Essoign
,
&c.
shall
lie
.
not
having
taken
the
said
Oath
,
and
subscribed
the
same
as
aforesaid
,
he
shall
from
thence
be
deemed
and
adjudged
a
Popish
Recusant
convict
to
all
Intents
and
Purposes
,
and
shall
forfeit
and
suffer
as
a
Popish
Recusant
convict
,
and
shall
be
disabled
to
hold
or
execute
any
Office
or
Place
of
Profit
or
Trust
,
Civil
or
Military
,
in
England
,
Ireland
,
Wales
,
or
in
any
of
the
Islands
,
or
Plantations
belonging
,
and
shall
be
disabled
from
thenceforth
to
sit
or
Vote
in
Parliament
,
or
to
use
any
Action
,
Bill
,
Plaint
,
or
Information
in
course
of
Law
,
or
to
prosecute
any
Suit
in
Equity
,
or
to
be
Guardian
of
any
Child
,
or
Executor
,
or
Administrator
of
any
Person
,
or
capable
of
any
Legacy
or
Deed
of
Gift
,
and
shall
forfeit
for
every
wilful
Offence
against
this
Act
500
l.
to
be
recovered
and
received
by
him
or
them
that
shall
Sue
by
any
Action
of
Debt
,
Suit
,
Bill
,
Plaint
or
Information
,
in
any
Court
at
Westminster
,
wherein
no
Essoign
,
Protection
,
or
Wager
of
Law
shall
lie
.
That
no
Register
(
for
the
Registering
Memorials
of
Deeds
,
Stat.
2.
&
3
Annae
,
c.
4.
The
Register
for
the
West-Riding
of
York
,
or
his
Deputy
,
incapacitated
.
Vide
post
.
p.
218.
Conveyances
and
Wills
)
within
the
West-Riding
in
the
County
of
York
,
or
his
Deputy
for
the
Time
being
,
be
capable
of
being
chosen
a
Member
to
Parliament
.
That
no
Person
,
St.
4
&
5
Annae
,
c.
8
No
Candidate
who
shall
have
in
his
own
Name
or
in
trust
for
him
or
his
Benefit
,
any
new
Officers
or
Place
of
Profit
hereafter
to
be
created
,
or
be
a
Commissioner
or
Sub-Commissioner
,
Secretary
or
Receiver
of
Prizes
,
Commissioner
of
the
Armies
Accounts
,
Commissioner
of
the
Sick
and
wounded
,
Agent
for
any
Regiment
,
Commissioner
for
Wine
Licences
,
Governor
or
Deputy-Governor
of
any
of
the
Plantations
,
Commissioner
in
any
out-Port
,
or
have
a
Pension
from
the
Crown
during
Pleasure
,
shall
be
capable
of
being
elected
or
sitting
,
&c.
as
a
Member
.
who
shall
have
in
his
own
Name
,
or
in
the
Name
of
any
Person
or
Persons
in
Trust
for
him
or
for
his
Benefit
,
any
new
Office
,
or
Place
of
Profit
whatsoever
,
under
the
Crown
,
which
at
any
time
hereafter
shall
be
created
or
erected
,
nor
any
Person
who
shall
be
a
Commissioner
or
Sub-Commissioner
of
the
Prizes
,
Secretary
or
Receiver
of
the
Prizes
,
nor
any
Comptroller
of
the
Accompts
of
the
Army
,
nor
any
Commissioner
of
Transports
,
nor
any
Commissioner
of
the
Sick
and
Wounded
,
nor
any
Agent
to
any
Regiment
,
nor
any
Commissioner
for
Wine
Licences
,
nor
any
Governor
nor
Deputy-Governor
of
any
of
the
Plantations
,
nor
any
Commissioner
of
the
Navy
employed
in
any
of
the
Out-Ports
,
nor
any
Person
having
any
Pension
from
the
Crown
during
Pleasure
,
shall
be
capeable
of
being
Elected
,
or
of
sitting
or
voting
as
a
Member
of
the
House
of
Commons
.
If
any
Person
being
chosen
a
Member
of
the
House
of
Commons
shall
accept
of
any
Office
of
Profit
from
the
Crown
during
such
time
as
he
shall
continue
a
Member
,
his
Election
shall
be
,
Members
chosen
accepting
any
Office
of
Profit
from
the
Crown
,
while
they
continue
Members
,
their
Election
void
,
and
a
new
Writ
to
issue
,
but
capable
of
being
again
Elected
.
and
is
hereby
declared
to
be
Void
,
and
a
new
Writ
shall
issue
for
a
new
Election
,
as
if
such
Person
so
accepting
was
naturally
Dead
.
Nevertheless
such
Person
shall
be
capable
of
being
again
Elected
,
as
if
his
Place
had
not
become
Void
as
aforesaid
.
No
greater
Number
of
Commissioners
shall
be
made
for
the
Execution
of
any
Office
than
have
been
employed
in
the
Execution
of
any
such
Office
from
the
first
Day
of
the
Session
.
Nothing
herein
contained
shall
extend
to
any
Member
of
the
House
of
Commons
being
an
Officer
in
Her
Majesty's
Navy
or
Army
,
Members
being
Officers
in
the
Navy
or
Army
,
receiving
any
New
Commission
in
either
,
not
incapacitated
.
who
shall
receive
any
new
or
other
Commission
in
the
Navy
or
Army
respectively
.
If
any
Person
hereby
disabled
or
declared
to
be
incapable
to
Sit
or
Vote
in
Parliament
,
Members
hereby
incapacitated
,
if
returned
,
their
Election
void
,
and
presuming
to
sit
and
vote
forfeit
500
l.
to
any
that
will
sue
by
Action
of
Debt
,
&c.
wherin
no
Essoin
,
&c
and
but
one
Imparlance
.
shall
nevertheless
be
returned
as
a
Member
to
serve
for
any
County
,
City
,
Town
,
or
Cinque-Port
in
any
such
Parliament
,
such
Election
and
Return
are
declared
to
be
Void
to
all
Intents
and
Purposes
,
and
if
any
Person
disabled
or
declared
incapable
by
this
Act
to
be
Elected
,
shall
presume
to
sit
or
vote
as
a
Member
of
the
House
of
Commons
in
any
Parliament
,
such
Person
so
sitting
or
voting
shall
forfeit
500
l.
to
be
recovered
by
such
Person
as
shall
Sue
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
,
wherein
no
Essoign
,
Protection
,
or
Wager
of
Law
,
shall
be
allowed
,
and
only
one
Imparlance
.
Forty
five
shall
be
the
Number
of
the
Representatives
of
Scotland
in
the
House
of
Commons
of
the
Parliament
of
Great-Britain
.
G.
Britain
.
Stat.
5
Annae
,
c.
8.
Every
Member
of
the
House
of
Commons
of
the
Parliament
of
Great-Britain
(
until
the
Parliament
of
Great-Britain
shall
otherwise
direct
)
shall
take
the
respective
Oaths
appointed
to
be
taken
instead
of
the
Oaths
of
Allegiance
and
Supremacy
,
The
Union
Act.
by
an
Act
of
Parliament
made
in
England
in
the
First
Year
of
the
Reign
of
the
late
King
William
and
Queen
Mary
(
The
new
Oaths
of
Allegiance
and
Supremacy
)
And
make
,
subscribe
,
and
audibly
repeat
the
Declaration
mentioned
in
an
Act
of
Parliament
made
in
England
in
the
Thirtieth
Year
of
the
Reign
of
King
Charles
the
Second
(
The
Test
)
and
shall
take
and
subscribe
the
Oath
mentioned
in
an
Act
of
Parliament
made
in
England
in
the
First
Year
of
Her
Majesty's
Reign
.
(
The
Abjuration
)
At
such
time
and
in
such
manner
,
as
the
Members
of
both
Houses
of
Parliament
of
England
are
by
the
said
respective
Acts
directed
to
take
,
make
,
and
subscribe
the
same
,
upon
the
Penalties
and
Disabilities
in
the
said
respective
Acts
contained
:
And
it
is
declared
and
agreed
,
that
these
Words
(
This
Realm
,
The
Crown
of
this
Realm
,
and
the
Queen
of
this
Realm
)
mentioned
in
the
Oaths
and
Declaration
contained
in
the
aforesaid
Acts
,
which
were
intended
to
signify
the
Crown
and
Realm
of
England
,
shall
be
understood
of
the
Crown
and
Realm
of
Great-Britain
,
and
that
in
that
Sense
the
said
Oaths
and
Declaration
be
taken
and
subscribed
by
the
Members
of
the
Parliament
of
Great
Britain
.
None
shall
be
capable
to
be
elected
(
a
Representative
for
any
Shire
or
Borough
of
Scotland
)
but
such
as
are
twenty
one
Years
of
Age
complete
,
None
capable
to
be
elected
for
any
Shire
or
Borough
of
Scotland
under
21
Years
,
nor
unless
a
Protestant
Papists
and
such
as
refuse
the
Formula
excluded
.
Like
Incapacity
on
Candidates
,
not
at
this
Time
capable
by
the
Laws
of
Scotland
Stat.
6.
An.
c.
7.
and
Protestant
,
excluding
all
Papists
,
or
such
who
being
suspect
of
Popery
,
refuse
to
swear
and
subscribe
the
Formula
contained
in
the
third
Act
made
in
the
8th
and
9th
Sessions
of
King
William's
Parliament
(
in
Scotland
)
nor
shall
be
capable
to
be
elected
to
represent
a
Shire
or
Burgh
in
the
Parliament
of
Great
Britain
(
for
Scotland
)
except
such
as
(
were
at
the
Time
of
passing
this
Act
)
capable
by
the
Laws
of
(
Scotland
)
to
be
elected
as
Commissioners
for
Shires
or
Boroughs
to
the
Parliament
of
Scotland
.
A
like
Clause
for
incapacitating
Persons
to
be
elected
,
&c.
Members
of
Parliament
,
and
likewise
for
incapacitating
Members
of
Parliament
,
with
like
Restrictions
,
Exceptions
and
Penalties
(
throughout
the
united
Kingdom
)
as
are
contained
in
the
Statute
4
&
5
Annae
,
c.
8.
relating
to
Candidates
and
Members
for
the
Parliament
of
England
.
And
further
,
Candidates
disabled
to
be
elected
or
Members
to
sit
,
&c.
in
the
Parliament
of
England
,
under
like
Disabilities
,
as
to
any
Parliament
of
Great
Britain
.
That
every
Person
disabled
to
be
elected
,
or
to
sit
or
vote
in
the
House
of
Commons
of
any
Parliament
of
England
,
shall
be
disabled
to
be
elected
,
or
to
sit
,
or
vote
in
the
House
of
Commons
of
any
Parliament
of
Great
Britain
.
Except
the
present
Commissioners
for
disposing
the
Equivalent
by
the
present
or
any
other
Commission
.
That
every
Person
who
shall
refuse
to
take
the
Oath
of
Abjuration
,
St.
6
Ann.
c.
23.
Candidates
or
others
may
require
the
Sheriff
,
President
of
the
Meeting
,
&c.
on
the
Poll
at
any
Election
of
Members
in
Great
Britain
,
or
of
Commissioners
for
choosing
Burgesses
in
Scotland
to
administer
the
Abjuration
upon
Oath
(
or
Affirmation
to
Quakers
)
and
Electors
refusing
it
,
incapable
to
vote
.
or
being
a
Quaker
,
shall
refuse
to
declare
the
Effect
thereof
upon
his
solemn
Affirmation
,
as
directed
by
an
Act
of
Parliament
made
7
W.
3.
to
be
administred
by
the
Sheriff
,
President
of
the
Meeting
,
or
chief
Officer
taking
the
Poll
at
any
Election
of
Members
to
serve
in
the
House
of
Commons
for
any
Place
in
Creat
Britain
,
or
Commissioners
for
choosing
Burgesses
for
any
Place
in
Scotland
,
at
the
Request
of
any
Candidate
or
other
Person
present
,
shall
not
be
capable
of
giving
any
Vote
for
any
Election
of
any
such
Member
to
serve
in
the
House
of
Commons
for
any
Place
in
Great
Britain
,
or
Commissioner
to
choose
a
Burgess
for
any
Place
in
Scotland
.
That
no
Register
for
the
Registring
Memorials
of
Deeds
,
St.
6
Ann.
c.
35.
The
Register
for
the
East-Riding
of
Tor●shire
,
&c.
or
his
Deputy
,
incapacitated
.
Conveyances
,
Wills
,
&c.
within
the
East-Riding
of
the
County
of
York
,
or
the
Town
and
County
of
Kingston
upon
Hull
,
or
his
Deputy
for
the
Time
being
,
be
capable
of
being
chosen
a
Member
to
serve
in
Parliament
.
Vide
ante
212.
That
no
Person
shall
be
capable
to
sit
or
vote
as
a
Member
of
the
House
of
Commons
,
St.
9
Ann.
Persons
incapacitated
to
sit
or
vote
in
the
House
of
Commons
who
have
not
an
Estate
,
Freehold
or
Copyhold
for
Life
,
or
greater
,
in
England
of
600
l.
for
a
Knight
of
the
Shire
,
manfully
;
and
300
l.
for
a
Citizen
,
Burgess
,
&c.
and
if
any
such
elected
,
&c.
the
Election
,
&c.
void
.
for
any
County
,
City
,
&c.
within
that
Part
of
Great
Britain
called
England
,
&c.
who
shall
not
have
an
Estate
Freehold
or
Copyhold
for
his
own
Life
,
or
for
some
greater
Estate
,
either
in
Law
or
Equity
to
his
own
Use
,
in
Lands
,
Tenements
or
Hereditaments
,
above
what
will
satisfy
and
clear
all
Incumbrances
within
that
Part
of
Great
Britain
called
England
,
&c.
of
the
annual
Value
of
six
hundred
Pounds
above
Reprizes
,
for
every
Knight
of
a
Shire
;
and
of
three
hundred
Pounds
above
Reprizes
for
every
Citizen
,
Burgess
,
&c.
And
if
any
Persons
elected
or
returned
to
serve
in
any
Parliament
,
as
a
Knight
of
a
Shire
,
or
as
a
Citizen
,
Burgess
,
&c.
shall
not
,
at
the
Time
of
such
Election
and
Return
,
be
seized
of
,
or
intituled
to
such
an
Estate
before
required
,
such
Election
and
Return
shall
be
void
.
Nothing
in
this
Act
contained
shall
extend
to
make
the
eldest
Son
or
Heir
Apparent
of
any
Peer
or
Lord
of
Parliament
,
Eldest
Son
or
Heir
Apparent
of
a
Peer
or
Person
qualified
to
serve
as
a
Knight
of
a
Shire
excepted
.
Universities
in
England
also
excepted
.
or
of
any
Person
qualified
by
this
Act
to
serve
as
Knight
of
a
Shire
,
uncapable
of
being
elected
and
returned
,
and
sitting
and
voting
as
a
Member
of
the
House
of
Commons
.
Nor
extend
to
either
of
the
Universities
in
that
Part
of
Great
Britain
called
England
,
but
that
they
may
elect
and
return
Members
to
represent
them
in
Parliament
,
as
heretofore
they
have
done
.
No
Person
shall
be
qualified
to
sit
in
the
House
of
Commons
,
No
Person
qualified
by
Virtue
of
a
Mortgage
,
unless
in
Possession
of
the
mortgaged
Premisses
for
seven
Years
before
his
Election
.
by
virtue
of
any
Mortgage
,
whereof
the
Equity
of
Redemption
is
in
any
other
Person
,
unless
the
Mortgagee
shall
have
been
in
Possession
of
the
mortgaged
Premisses
for
seven
Years
before
the
Time
of
his
Election
.
Every
Person
(
except
as
aforesaid
)
who
shall
appear
as
a
Candidate
,
Candidates
to
be
sworn
to
their
Estates
,
if
required
by
any
other
Candidate
or
two
Electors
.
or
shall
by
himself
,
or
any
others
,
be
proposed
to
be
elected
,
shall
,
upon
Request
(
at
the
Time
of
such
Election
,
or
before
the
Day
to
be
prefixed
in
the
Writ
of
Summons
for
the
Meeting
of
the
Parliament
)
by
any
other
Person
who
shall
stand
Candidate
at
such
Election
,
or
by
any
two
or
more
Persons
having
Right
to
vote
at
such
Election
,
take
a
Corporal
Oath
in
the
Form
(
in
this
Act
contained
,
which
see
ante
.
The
respective
Oaths
aforesaid
shall
be
administred
by
the
Sheriff
or
Under-Sheriff
,
Before
the
Sheriff
or
other
Officer
by
whom
the
Poll
is
to
be
taken
or
Return
made
,
or
2
or
more
Justices
of
the
Peace
.
The
Election
and
Return
of
Candidates
refusing
to
take
the
Oath
,
void
.
for
any
County
,
or
by
the
Mayor
,
Bailiff
or
other
Officer
or
Officers
for
any
City
,
Burrough
,
&c.
to
whom
it
shall
appertain
to
take
the
Poll
,
or
make
the
Return
at
such
Election
,
or
by
any
two
or
more
Justices
of
the
Peace
within
England
,
&c.
And
if
any
of
the
said
Candidates
,
&c.
shall
wilfully
refuse
to
take
the
Oath
,
the
Election
and
Return
of
such
Candidate
or
Person
shall
be
void
.
That
from
and
after
the
Determination
of
this
present
Parliament
,
2
St.
12
Ann.
No
Conveyance
or
Right
whereon
Infeoffment
is
not
taken
,
and
Seisin
registred
a
Year
before
the
Teste
of
the
Writs
,
shall
intitle
the
Person
to
be
elected
in
any
Shire
or
Stewartry
in
Scotland
.
The
like
as
to
Inoffments
not
taken
a
Year
before
the
Date
of
the
Warrant
for
a
new
Writ
during
〈◊〉
Continuance
of
a
Parliament
.
Any
Elector
present
,
su●pecting
Persons
to
have
Estates
in
Trust
,
may
require
the
Praeses
of
the
Meeting
to
swear
such
to
their
Estates
.
no
Conveyance
or
Right
whereupon
Infeoffment
is
not
taken
,
and
Seisin
registrated
one
Year
before
the
Teste
of
the
Writs
for
calling
a
new
Parliament
,
shall
,
upon
Objection
made
in
this
Behalf
,
intitle
the
Person
so
infeost
,
to
be
elected
at
that
Election
in
any
Shire
or
or
Stewartry
in
Scotland
;
and
in
case
any
Election
happen
during
the
Continuance
of
a
Parliament
,
no
Conveyance
or
Right
whatsoever
,
whereupon
Infeoffment
is
not
taken
One
Year
before
the
Date
of
the
Warrant
for
making
out
a
new
Writ
for
such
Election
,
shall
,
upon
Objection
made
in
that
Behalf
,
intitle
the
Person
so
Infeoft
,
to
be
elected
at
that
Election
;
and
that
it
shall
be
lawful
for
any
of
the
Electors
present
,
suspecting
any
Person
or
Persons
to
have
his
or
their
Estates
in
Trust
,
and
for
Behoof
of
another
,
to
require
the
Praeses
of
the
Meeting
to
tender
the
Oath
(
in
this
Act
contained
,
intituled
,
The
Form
of
the
Freeholders
,
&c.
Oath
to
be
taken
(
upon
Objection
made
)
by
Stat.
12.
Annae
,
and
is
the
same
mutatis
mutandis
)
to
any
Elector
,
and
the
said
Praeses
is
required
to
administer
the
same
.
In
case
such
Elector
(
Electee
Q.
)
refuse
to
Swear
,
On
Refusal
to
swear
and
subscribe
the
Oath
incapable
to
be
elected
.
Stat.
1
G.
1.
c.
13.
and
also
to
subscribe
the
said
Oath
,
such
Person
or
Persons
shall
not
be
capable
of
being
Elected
at
such
Election
.
That
after
the
29th
of
September
,
1715
,
no
Person
that
now
is
,
or
hereafter
shall
be
a
Member
of
the
House
of
Commons
,
shall
Vote
in
the
House
of
Commons
,
or
sit
there
,
during
any
Debate
in
the
said
House
of
Commons
,
After
29
Sept.
1715
No
Member
to
vote
before
taking
the
Oaths
.
after
the
Speaker
is
chosen
,
until
such
Peer
or
Member
shall
,
from
Time
to
Time
respectively
,
take
the
Abjuration
Oath
(
which
Oath
see
)
instead
of
the
Oath
of
Abjuration
which
before
by
Law
ought
to
have
been
taken
,
in
such
Manner
,
and
together
with
such
other
Oaths
,
and
Declaration
against
Transubstantiation
,
as
the
said
former
Oath
of
Abjuration
ought
to
have
been
taken
.
And
further
,
That
if
any
Person
that
now
is
,
or
hereafter
shall
be
a
Member
of
the
House
of
Commons
,
Penalty
in
this
or
any
succeeding
Parliament
,
Vid.
ante
.
and
after
the
said
29th
of
September
,
presume
to
vote
,
not
having
taken
the
said
Oath
,
and
subscribed
the
same
as
aforesaid
,
every
such
Member
so
offending
shall
be
disabled
to
sue
or
use
any
Action
,
Bill
,
Plaint
or
Information
in
any
Court
of
Law
,
or
to
prosecute
any
Suit
in
any
Court
of
Equity
,
or
to
be
Guardian
of
any
Child
,
or
Executor
or
Administrator
of
any
Person
,
or
be
capable
of
any
Legacy
or
Deed
of
Gift
,
or
to
be
in
any
Office
within
this
Realm
of
Great
Britain
,
or
to
vote
at
any
Election
for
Members
to
serve
in
Parliament
,
and
shall
forfeit
the
Sum
of
five
hundred
Pounds
,
to
be
recovered
by
him
or
them
that
shall
sue
for
the
same
,
to
be
prosecuted
by
Action
of
Debt
,
Suit
,
Bill
,
Plaint
or
Information
,
in
any
of
His
Majesty's
Courts
at
Westminster
,
wherein
no
Essoign
,
Protection
or
Wager
of
Law
shall
lie
,
or
any
more
than
one
Imparlance
,
Note
.
and
by
Way
of
summar
Complaint
before
the
Court
of
Justiciary
in
Scotland
.
Enacted
,
St.
1
G.
1.
c.
56.
Persons
having
Pensions
from
the
Crown
incapacitated
.
That
no
Person
having
any
Pension
from
the
Crown
for
any
Term
or
Number
of
Years
,
either
in
his
own
Name
,
or
in
the
Name
or
Names
of
any
other
Person
or
Persons
in
Trust
for
him
,
or
for
his
Benefit
,
shall
be
capable
of
being
elected
,
or
chosen
a
Member
of
,
or
for
sitting
or
voting
as
a
Member
of
this
present
or
any
future
House
of
Commons
which
shall
be
hereafter
summoned
.
Enacted
,
Penalty
20
l.
per
Day
.
That
if
any
Person
who
shall
have
such
Pension
as
aforesaid
,
at
the
Time
of
his
being
so
elected
,
or
at
any
Time
after
,
during
such
Time
as
he
shall
continue
or
be
a
Member
of
the
House
of
Commons
,
shall
presume
to
sit
or
vote
in
that
House
,
then
and
in
such
Case
,
he
shall
forfeit
twenty
Pounds
for
every
Day
in
which
he
shall
sit
or
vote
in
the
said
House
,
to
such
as
shall
Sue
for
the
same
in
any
Court
in
Westminster-Hall
;
with
full
Costs
,
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
in
which
no
Essoign
,
Privilege
,
Protection
,
or
Wager
of
Law
,
shall
be
allowed
,
and
only
one
Imparlance
.
Enacted
,
Stat.
3
G.
1.
c.
18.
No
Member
of
the
Bank
disabled
.
St.
3
G.
1.
c.
9.
Nor
of
the
South-Sea
Company
.
That
no
Member
of
the
Bank
of
England
shall
be
disabled
from
being
a
Member
of
Parliament
.
See
Stat.
5.6
.
W.
M.
c.
20.
ad
idem
.
Enacted
,
That
no
Member
of
the
South-Sea
Company
shall
be
disabled
from
being
a
Member
of
Parliament
.
Enacted
,
That
no
Governor
,
Director
,
or
other
Officer
of
the
Corporations
for
Assurance
of
Ships
,
St.
6
G.
1.
c.
18.
Nor
Governor
.
&c.
of
Corporations
for
Assurance
of
Ships
.
shall
be
disabled
from
being
a
Member
of
Parliament
.
Enacted
,
That
the
late
Governor
,
St.
7
G.
1.
c.
28.
The
late
Governor
and
Director
of
the
South-Sea
Company
disabled
.
Deputy-Governor
,
Directors
,
Cashire
,
and
Accomptant
of
the
South-Sea
Company
,
and
John
Aislaibe
,
Esq
be
disabled
for
ever
to
sit
or
vote
in
either
House
of
Parliament
.
I.
A.
B.
do
swear
,
That
I
truly
,
and
bona
fide
,
The
form
of
the
Candidate's
Oath
to
be
taken
(
if
required
)
by
Stat.
9.
Annae
.
have
such
an
Estate
in
Law
or
Equity
,
to
and
for
my
own
Use
and
Benefit
,
of
or
in
Lands
,
Tenements
,
or
Hereditaments
(
over
and
above
what
will
satisfy
and
clear
all
Incumbrances
that
may
affect
the
same
)
of
the
annual
Value
of
Six
hundred
Pounds
,
above
Reprizes
,
as
doth
qualify
me
to
be
elected
and
returned
to
serve
as
a
Member
for
the
County
of
_____
according
to
the
Tenor
and
true
Meaning
of
the
Act
of
Parliament
in
that
Behalf
;
and
that
my
said
Lands
,
Tenements
,
or
Hereditaments
,
are
lying
or
being
within
the
Parish
,
Township
,
or
Precinct
of
_____
Or
,
in
the
several
Parishes
,
Townships
,
or
Precincts
of
_____
in
the
County
of
_____
Or
,
in
the
several
Counties
of
_____
(
as
the
Case
may
be
)
The
like
Oath
(
Mutatis
Mutandis
)
as
to
the
Value
of
300
l.
per
Annum
to
be
taken
by
Candidates
for
a
City
,
Borough
,
&c.
CHAP.
XII
.
Of
Returns
of
Sheriffs
,
&c.
And
Amendments
of
Returns
.
COncerning
the
Punishment
of
Sheriffs
for
their
Negligence
in
returning
of
Writs
,
5
R.
2.
St.
2.
c.
4.
or
for
leaving
out
of
their
Returns
any
City
or
Borough
,
which
ought
to
send
Citizens
and
Burgesses
.
See
the
Stat.
hereafter
.
p.
229.
Every
Sheriff
,
who
doth
not
make
true
Return
of
Elections
of
Knights
,
St
8
H.
6.
c.
7.
23
H.
6
c.
15.
Vide
Crom●ton's
Juris
.
3.
Hakewel
48.
Citizens
and
Burgesses
,
to
come
to
Parliament
,
shall
forfeit
an
hundred
Pounds
to
the
King
,
and
an
hundred
Pounds
to
the
Party
injured
,
and
be
imprison'd
for
a
Year
without
Bail
or
Mainprize
.
And
every
Mayor
or
Magistrate
of
a
Town
so
offending
,
shall
pay
forty
Pounds
to
the
King
,
and
forty
Pounds
to
the
Party
.
See
the
Stat.
hereafter
p.
236.
Note
,
This
Action
to
be
(
by
the
Party
)
within
three
Months
after
the
Parliament
commenced
,
or
(
after
)
by
any
other
Man
who
will
.
If
the
Party
do
not
,
Hakewel
49.
Vide
Crompton's
Juris.
3.
and
prosecute
his
Suit
with
Effect
and
without
Fraud
;
any
other
Man
who
will
,
may
have
the
said
Suit
for
the
said
hundred
Pounds
,
as
the
Knight
had
,
and
Costs
of
Suit
also
shall
be
awarded
to
the
said
Knight
,
or
any
other
who
will
Sue
in
his
behalf
.
The
Sheriff
shall
make
a
good
Return
of
his
Writ
,
Hakewel
51.
and
of
every
Return
of
the
Mayor
and
Bailiff
,
or
Bailiffs
,
where
no
Mayor
is
,
to
him
made
.
The
Burgesses
of
Leskard
in
Cornwal
being
Elected
,
Towns
.
Col.
63.
the
Town
refused
to
deliver
up
their
Indenture
to
the
Sheriff
;
but
the
Party
Elected
made
his
Indenture
,
and
deliver'd
it
to
the
Clerk
of
the
Crown
,
who
filed
it
with
the
rest
of
the
Indentures
returned
by
the
Sheriff
having
endorsed
it
upon
his
Writ
;
but
this
Indenture
was
never
executed
by
the
Sheriff
,
nor
returned
;
and
yet
this
Return
was
held
by
the
Committees
to
be
good
.
Jan.
1641.
Ordered
,
Nalson
870.
That
the
High-Sheriff
of
the
County
of
Sussex
,
who
has
return'd
two
Indentures
for
the
Town
of
Arundel
,
shall
be
summon'd
to
appear
here
at
the
Bar
,
to
amend
his
Return
.
Sir
Simon
d'Ewes
,
Jour
.
490.
Col.
2.
35
Eliz.
1592.
It
was
said
by
the
Speaker
,
No
Return
can
be
amended
in
this
House
:
For
the
Writ
and
the
Return
are
in
Chancery
,
and
must
be
amended
there
.
Sed
aliter
nunc
.
Every
Sheriff
,
or
other
Officer
,
St.
33
H.
8.
c.
1.
in
Ireland
.
returning
any
Knight
,
Citizen
,
or
Burgess
chosen
in
any
other
Manner
(
than
is
prescribed
in
the
Statute
)
to
forfeit
a
100
l.
Vide
Post
.
If
one
be
duly
Elected
Knight
,
4
Inst.
49.
It
cites
in
the
Margin
Rot.
Parl.
5
H.
4.
n.
38.
Citizen
,
or
Burgess
,
and
the
Sheriff
Return
another
;
the
Return
must
be
reformed
and
amended
by
the
Sheriff
,
and
he
that
is
duly
Elected
,
must
be
Inserted
;
for
the
Election
in
these
Cases
is
the
Foundation
,
and
not
the
Return
.
18
Jac.
1.
Scobel
115.
The
Sheriff
of
Leicestershire
having
Returned
Sir
Thomas
Beaumont
;
upon
Report
from
the
Committee
for
Elections
that
Sir
George
Hastings
was
duly
chosen
;
the
Sheriff
was
ordered
to
Return
Sir
George
Hastings
to
the
Clerk
of
the
Crown
,
and
he
to
accept
it
,
and
file
it
.
21
Jac.
1.
Ibid.
Upon
Report
from
the
Committee
of
Privileges
,
That
in
the
Election
of
Mr.
John
Maynard
for
Chippingham
,
John
Maynard
was
Chosen
,
but
by
a
Mistake
Charles
was
afterward
written
in
stead
of
John
:
It
was
Resolved
,
The
Return
shou'd
be
amended
,
without
a
new
Writ
,
and
that
the
Bailiff
shou'd
do
it
,
and
not
the
Clerk
of
the
Crown
,
and
that
it
shou'd
be
sent
down
to
the
Bailiff
in
the
Country
,
and
he
to
Return
John
Maynard
,
Esq
the
first
Burgess
.
1.
Febr.
1640.
Ibid.
It
being
Resolved
,
That
the
Election
of
Mr.
Erle
for
one
of
the
Burgesses
of
Wareham
,
is
a
good
Election
:
Ordered
,
That
the
Officer
when
the
Return
was
made
,
or
his
Deputy
,
or
the
Electors
,
shou'd
amend
the
Return
.
But
the
next
Day
it
was
Ordered
,
That
Edward
Harbin
,
the
late
Mayor
of
Wareham
's
Deputy
,
shou'd
come
to
the
Bar
of
the
House
,
and
amend
the
Return
.
20
Febr.
1640.
Ibid.
116.
The
Bailiff
of
Midhurst
in
Sussex
came
to
the
Bar
(
being
sent
for
by
Order
of
the
House
)
and
amended
one
of
the
Indentures
of
Return
of
Burgesses
for
that
Town
,
and
the
other
was
taken
off
the
File
.
If
a
Sheriff
shall
Return
One
for
Knt.
of
the
Shire
,
who
was
unduly
,
Simon
d'Ewes
Jour
.
283.
Col.
2.
or
not
at
all
Elected
;
yet
he
that
is
so
Return'd
,
remains
a
Member
of
the
House
till
his
Election
be
declared
Void
.
Of
double
Returns
,
England
.
and
new
Writs
Ex
Memorials
of
Parliament
.
That
if
any
Sheriff
be
henceforth
negligent
in
making
his
Returns
of
Writs
of
Parliament
,
St.
5
R.
2.
c.
4.
Sheriffs
neglecting
to
make
Returns
,
or
leaving
out
the
Returns
of
Cities
or
Borought
,
shall
be
amerced
,
or
otherwise
punished
,
as
in
old
Times
.
or
that
he
leave
out
of
the
said
Returns
any
Cities
or
Boroughs
which
be
bound
,
and
of
old
Time
were
wont
to
come
to
the
Parliament
,
he
shall
be
amerced
,
or
otherwise
punished
in
manner
as
was
accustomed
in
the
said
Case
in
times
past
.
That
from
henceforth
(
in
order
to
(
the
Elections
of
Counties
)
at
the
next
County
after
the
Delivery
of
the
Writ
,
England
.
Proclamation
shall
be
made
in
full
County
of
the
Day
and
Place
of
the
Parliament
,
St.
7.
H.
4.
c.
15.
Proclamation
to
be
made
at
the
next
County-Court
after
the
Delivery
of
the
Writ
to
the
Sheriff
for
the
Election
of
knights
of
the
Shires
.
and
that
all
they
that
be
there
present
,
as
well
Suitors
duly
summoned
for
the
same
Cause
,
as
other
shall
attend
to
the
Election
of
the
Knights
for
the
Parliament
;
and
then
in
the
full
County
they
shall
proceed
to
the
Election
freely
and
indifferently
,
notwithstanding
any
Request
or
Commandment
to
the
contrary
.
And
after
they
be
chosen
,
Sheriff's
Return
after
the
Election
shall
be
by
Indenture
(
containing
the
Persons
chosen
)
sealed
by
the
Electors
,
and
annexed
to
the
Writ
.
the
Names
of
the
Persons
so
chosen
(
be
they
present
or
absent
)
shall
be
written
in
an
Indenture
under
the
Seals
of
all
them
that
did
choose
them
,
and
tacked
to
the
same
Writ
,
which
Indenture
so
sealed
and
tacked
,
shall
be
holden
for
the
Sheriff's
Return
of
the
said
Writ
touching
Knights
of
the
Shires
.
In
Writs
of
Parliament
hereafter
to
be
made
,
this
Clause
shall
be
put
;
Et
Electionem
tuam
in
pleno
Comitatu
factam
sub
sigillo
tuo
,
&
sigillis
eorum
qui
electioni
illi
interfuerant
,
nobis
in
Cancellaria
nra
'
ad
diem
&
locum
in
brevi
contentu'
certifices
indilate
.
England
.
Forasmuch
as
in
the
Statute
(
7
H.
4.
ch.
15.
)
no
Penalty
was
ordained
or
limited
in
special
upon
the
Sheriffs
of
the
County
,
if
they
make
any
Returns
contrary
of
the
same
Statute
,
St.
11.
H.
4.
c.
1.
Of
Returns
made
by
Sheriffs
,
contrary
to
the
Statute
7
H.
4.
c.
15.
Justices
of
Assize
impower'd
to
inquire
,
and
on
Inquest
and
Proof
made
thereof
,
such
Sheriffs
to
pay
100
l.
to
the
King
.
It
is
ordained
that
the
Justices
assigned
to
take
Assizes
,
shall
have
Power
to
inquire
at
their
Assizes
of
such
Returns
made
;
and
if
it
be
found
by
Inquest
and
due
Examination
before
the
same
Justices
that
any
such
Sheriff
hath
made
,
any
Return
contrary
to
the
Tenor
of
the
said
Statute
,
the
same
Sheriff
shall
incur
the
Penalty
of
100
l.
to
be
paid
to
our
Lord
the
King
.
That
all
Sheriffs
shall
have
their
Answer
and
Traverse
to
Inquests
and
Offices
,
St.
6
H.
6.
c.
4.
Sheriffs
shall
have
their
Traverses
to
Inquests
,
&c.
upon
the
St
7.4
.
c.
15.
&
11
H.
4.
c.
1.
before
any
Justices
,
of
Assizes
hereafter
to
be
taken
,
(
upon
the
Stat.
7
Hen.
IV.
chapter
15.
and
11
Hen.
IV.
ch.
1.
)
and
the
said
Sheriffs
shall
not
be
endamaged
unto
our
Lord
the
King
,
or
his
Successors
,
for
any
such
Inquest
taken
,
until
they
be
duly
convict
according
to
the
Form
of
Law
.
That
such
are
to
be
chosen
Knights
of
the
Shire
as
have
the
greatest
Number
of
them
that
may
expend
40
s.
by
Year
and
above
,
England
.
and
shall
be
returned
by
the
Sheriffs
of
every
County
,
St.
8
H.
6.
c.
7.
See
Cromp.
Juris
.
3.
Hakewell
48.
Knights
for
Parliament
,
by
Indentures
sealed
betwixt
the
said
Sheriffs
and
the
said
Choosers
.
And
every
Sheriff
of
the
Realm
of
England
shall
have
Power
to
examine
upon
the
Evangelists
every
such
Chooser
,
how
much
he
may
expend
by
the
Year
.
And
if
any
Sheriff
return
Knights
to
Parliament
contrary
to
the
said
Ordinance
,
the
Justices
of
Assizes
,
in
their
Sessions
shall
have
Power
thereof
to
inquire
.
And
if
by
Inquest
the
same
be
found
before
the
Justices
,
and
the
Sheriff
thereof
be
duly
attainted
,
he
shall
incur
the
Penalty
of
100
l.
to
be
paid
to
our
Lord
the
King
,
and
also
that
he
have
Imprisonment
by
a
Year
,
without
Mainprize
or
Bail
.
And
that
in
every
Writ
hereafter
to
go
forth
,
Quere
mention
shall
be
made
of
this
Ordinance
.
That
every
Sheriff
,
St.
23
H.
6.
c.
15.
Sheriff
,
after
the
Receipt
of
the
Writ
,
to
deliver
a
Precept
under
his
Seal
to
every
Mayor
,
Bailiff
,
&c.
of
the
Cities
and
Boroughs
within
his
County
,
reciting
his
Writ
,
and
commanding
them
to
choose
,
&c.
after
the
Delivery
of
any
Writ
(
of
Election
)
shall
make
and
deliver
without
Fraud
,
England
.
a
Precept
under
his
Seal
to
every
Mayor
and
Bailiff
(
or
to
Bailiffs
or
Bailiff
where
no
Mayor
is
)
of
the
Cities
and
Boroughs
within
his
County
,
reciting
the
said
Writ
,
and
commanding
them
if
it
be
by
a
City
,
to
choose
by
Citizens
of
the
same
City
,
Citizens
,
and
if
it
be
a
Borough
,
a
Burgess
,
by
the
Burgesses
of
the
same
,
to
come
to
the
Parliament
.
And
that
the
same
Mayor
and
Bailiffs
,
Mayors
,
Bailiffs
,
&c.
to
return
the
Precept
to
the
Sheriff
,
by
Indentures
of
the
Election
,
and
the
names
of
the
elected
.
Sheriffs
to
return
the
Writ
,
and
every
Return
made
by
such
Mayors
,
Bailiffs
,
&c.
(
or
Bailiffs
or
Bailiff
,
where
no
Mayor
is
)
shall
return
the
Precept
to
the
same
Sheriff
and
them
,
to
be
made
of
the
said
Elections
,
and
of
the
Names
of
the
said
Citizens
and
Burgesses
by
them
so
chosen
;
and
thereupon
every
Sheriff
shall
make
a
rightful
Return
of
every
such
Writ
,
and
of
every
Return
by
the
Mayors
and
Bailiffs
,
(
or
Bailiffs
or
Bailiff
,
where
no
Mayor
is
)
to
him
made
.
And
that
every
Sheriff
,
Sheriffs
acting
contrary
to
this
Statute
,
or
any
other
Statute
for
Elections
,
to
pay
100
l.
to
the
King
,
(
and
suffer
a
Year's
Imprisonment
,
with
out
Bail
,
)
(
per
Stat.
8
Hen.
6
ch.
7.
)
and
forfeit
to
every
Person
chosen
a
Knight
,
Citizen
,
or
Burgess
,
and
not
duly
returned
,
or
to
any
otherwhich
in
their
Default
,
will
sue
,
100
l
to
be
recovered
by
Action
of
Debt
against
the
Sheriff
,
his
Executors
or
Administrators
,
with
Costs
wherein
no
Wager
of
Law
,
&c.
at
every
time
that
he
doth
contrary
to
this
Statute
,
or
any
other
Statutes
for
the
Election
Knights
,
Citizens
and
Burgesses
,
before
this
Time
made
,
shall
incur
the
Pain
contained
in
the
Statute
,
England
.
made
the
8th
Year
(
of
the
then
King's
Reign
)
and
moreover
shall
forfeit
and
pay
to
every
Person
hereafter
chosen
Knight
,
Citizen
or
Burgess
in
his
County
,
and
not
duly
returned
,
or
to
any
other
Person
which
in
Default
of
such
Knight
,
Citizen
or
Burgess
will
sue
,
an
hundred
Pound
,
whereof
every
Knight
,
Citizen
and
Burgess
so
grieved
,
severally
,
or
any
other
Person
which
in
Desault
will
sue
,
shall
have
his
Action
of
Debt
against
the
said
Sheriff
or
his
Executors
or
Administrators
,
to
demand
and
have
the
said
100
l.
with
his
Costs
spent
,
and
that
in
such
Action
the
Desendant
shall
not
wage
his
Law
or
have
any
Essoign
.
And
if
any
Mayor
and
Bailiffs
(
or
Bailiffs
or
Bailiff
,
Mayors
,
Bailiffs
&c
returning
other
than
those
chosen
by
Citizens
and
Burgesses
,
shall
forfeit
40
l.
to
the
King
,
and
to
every
Person
chosen
a
Citizen
or
Burgess
,
and
not
by
them
returned
,
or
to
any
other
that
in
Default
of
such
Citizen
or
Burgess
will
sue
40
l.
(
more
)
to
be
recovered
by
like
Action
of
Debt
,
with
Costs
.
where
no
Mayor
is
)
shall
return
other
than
those
which
be
chosen
by
the
Citizens
and
Burgesses
of
the
said
Cities
or
Boroughs
,
he
shall
incur
and
forfeit
to
the
King
40
l.
and
moreover
shall
forfeit
and
pay
to
every
Person
so
chosen
Citizen
or
Burgess
,
and
not
by
the
same
Mayor
and
Bailiffs
,
or
Bailiff
(
or
Bailiffs
where
no
Mayor
is
)
returned
,
England
.
or
to
any
other
Person
,
which
in
Desault
of
such
Citizen
or
Burgess
so
chosen
will
sue
40
l.
whereof
every
of
the
Citizens
and
Burgesses
so
grieved
severally
,
or
any
other
Person
which
in
their
Default
will
sue
,
shall
have
his
Action
of
Debt
against
every
of
the
said
Mayor
and
Bailiffs
(
or
Bailiffs
or
Bailiff
where
no
Mayor
is
)
against
their
Executors
or
Administrators
,
to
demand
and
have
of
every
of
them
40
l.
with
his
Costs
expended
.
And
that
in
such
Action
of
Debt
,
no
Defendant
shall
wage
his
Law
nor
have
any
Essoign
.
And
every
Sheriff
that
maketh
no
due
Election
of
such
Knights
in
convenient
Time
(
that
is
to
say
)
every
Sheriff
in
his
full
County
,
betwixt
the
Hour
of
Eight
,
and
the
Hour
of
Eleven
before
Noon
,
without
Collusion
;
and
that
maketh
not
good
and
true
Return
of
such
Elections
of
Knights
in
Manner
aforesaid
,
Sheriff
not
making
Election
of
Knights
of
the
Shire
in
a
full
County
Court
between
8
and
11
in
the
Morning
,
and
a
good
Return
accordingly
,
to
forfeit
100
l.
to
the
King
,
and
100
l.
more
to
him
that
will
sue
,
to
be
recovered
by
like
Action
of
Debt
with
Costs
.
shall
forfeit
to
the
King
an
hundred
Pound
,
and
also
incur
the
Pain
of
100
l.
to
be
paid
to
him
that
will
sue
him
,
his
Executors
or
Administrators
,
by
Way
of
Action
of
Debt
,
with
his
Costs
expended
,
without
waging
of
Law
or
having
Essoign
as
aforesaid
.
England
.
Provided
always
,
Such
Actions
to
be
brought
by
such
Knight
,
Citizen
,
and
Burgess
within
3
Months
after
the
Commencement
of
suce
Parliament
,
and
to
be
proceeded
in
without
Frand
.
And
after
that
time
by
any
other
.
See
Cromp.
Juris
.
3.
Hakewel
43.
That
every
Knight
,
Citizen
and
Burgess
chosen
,
and
not
returned
as
aforesaid
,
shall
begin
his
said
Action
within
three
Months
after
the
same
Parliament
commenced
,
to
proceed
in
the
same
Suit
effectually
without
Fraud
.
And
if
he
doth
not
so
,
another
that
will
sue
shall
have
the
said
Action
of
Debt
(
as
is
before
said
)
and
shall
recover
the
same
with
his
Costs
,
and
that
no
Defendant
in
such
Action
shall
wage
his
Law
nor
be
essoign'd
.
And
that
such
Process
shall
be
in
the
Actions
aforesaid
,
as
in
a
Writ
of
Trespass
done
against
the
Peace
at
the
Common
Law
.
That
the
Knights
of
the
Shires
shall
be
notable
Knights
of
the
same
Counties
for
which
they
shall
be
chosen
,
Like
Process
to
be
in
such
Actions
as
in
Trespass
at
Common
Law
.
Provided
,
That
Knights
of
the
Shires
be
Knights
of
the
Counties
they
shall
be
elected
for
,
or
Esquires
or
Gentlemen
,
able
to
be
Knights
,
and
not
Yeomen
or
under
.
or
otherwise
such
notable
Esquires
or
Gentlemen
(
born
)
of
the
same
Counties
,
as
shall
be
able
to
be
Knight
;
and
no
Man
to
be
such
Knight
which
standeth
in
the
Degree
of
a
Yeoman
and
under
.
That
Elections
shall
be
made
for
the
Sheriffs
and
Boroughs
in
Monmouthshire
(
heretofore
Part
of
Wales
)
and
in
Wales
,
England
.
in
like
Manner
,
St.
27
H.
8.
c.
26.
Duties
of
Sheriffs
and
other
returning
Officers
in
Wales
,
like
the
same
in
England
.
Form
and
Order
as
Knights
and
Burgesses
be
elected
in
other
Shires
of
this
Realm
.
That
the
County
Palatine
of
Chester
shall
have
two
Knights
for
the
said
County
,
St.
34
and
35
H.
8.
c.
13.
Writ
of
Election
under
the
Great
Seal
for
Elections
in
Chester
,
to
be
directed
to
the
,
Chamberlain
,
&c.
of
Chester
,
and
his
Precept
thereon
to
the
Sheriff
of
the
County
.
and
two
Citizens
to
be
Burgesses
for
the
City
of
Chester
,
to
be
elected
and
chosen
by
Process
to
be
awarded
by
the
Chancellor
of
England
unto
the
Chamberlain
of
Chester
,
his
Lieutenant
or
Deputy
for
the
Time
being
,
and
so
like
Process
to
be
made
by
the
Chamberlain
,
his
Lieutenant
or
Deputy
,
to
the
Sheriff
of
the
said
County
of
Chester
,
and
the
same
Election
to
be
made
in
like
Manner
and
Form
to
all
Intents
,
Constructions
and
Purposes
,
as
is
used
within
the
County
Palatine
of
Lancaster
or
any
other
County
and
City
within
England
,
which
said
Knights
and
Burgesses
and
every
of
them
shall
be
returned
by
the
said
Sheriff
into
the
Chancery
of
England
in
due
Form
,
and
upon
like
Pains
as
is
ordained
that
the
Sheriff
or
Sheriffs
of
any
other
County
should
make
their
Return
.
England
.
Sheriff
of
Chester
to
make
like
Returns
,
and
on
like
Pains
as
other
Sheriffs
.
That
the
Burgesses
of
all
Cities
,
Stat.
35
H.
8.
c.
11.
Mayors
,
Bailiffs
,
&c.
of
the
twelve
Shire-Towns
in
Wales
and
of
Monmouth-Shire
,
shall
summon
the
Burgesses
as
well
of
all
other
Cities
,
Boroughs
,
and
Towns
in
those
Counties
as
of
Burgesses
of
those
Towns
themselves
,
to
come
to
Elections
.
Boroughs
,
and
Towns
(
in
the
twelve
Shires
within
Wales
and
County
of
Monmouth
not
finding
Burgesses
for
the
Parliament
themselves
and
contributary
to
Wages
of
Burgesses
of
such
Shire
Towns
)
shall
be
lawfully
admonished
by
Proclamation
or
otherwise
by
the
Mayors
,
Bailiffs
,
and
other
Head
Officers
of
the
said
Towns
,
or
by
one
of
them
,
to
come
and
give
their
Elections
for
the
Electing
the
said
Burgesses
at
such
Time
and
Place
lawful
and
reasonable
,
as
shall
be
assigned
for
the
same
by
the
said
Mayors
,
Bailiffs
,
and
other
Head
Officers
of
the
said
Shire
Towns
,
or
by
one
of
them
.
That
the
County
Palatine
of
Durham
may
have
two
Knights
for
the
same
County
,
St.
25
C.
2.
c.
9.
Writ
of
Election
under
the
Great
Seal
for
Elections
in
Durham
,
to
be
directed
to
the
Bishop
of
Durham
,
&c.
and
his
Precept
thereon
to
the
Sheriff
of
that
County
.
and
the
City
of
Durham
two
Citizens
to
be
Burgesses
for
the
same
City
,
to
be
elected
by
Writ
to
be
awarded
by
the
Lord
Chancellor
or
Lord
Keeper
to
the
Lord
Bishop
of
Durham
,
or
his
Temporal
Chancellor
of
the
said
County
,
England
.
and
a
Precept
to
be
thereupon
grounded
and
made
by
the
said
Lord
Bishop
,
or
his
Temporal
Chancellor
to
the
Sheriff
of
the
said
County
;
and
the
same
Election
to
be
made
in
Manner
following
,
viz.
the
Elections
of
the
Knights
to
be
made
by
the
greater
Number
of
the
Freeholders
of
the
said
County
Palatine
which
shall
be
present
at
such
Elections
,
as
is
used
in
other
Counties
of
this
Kingdom
,
and
that
the
Election
of
the
said
Burgesses
for
the
City
of
Durham
,
to
be
made
by
the
major
part
of
the
Mayor
,
Aldermen
,
and
Freemen
of
the
said
City
,
which
shall
be
present
at
such
Elections
,
which
said
Knights
and
Burgesses
,
Sherish
of
Durham
to
make
like
Returns
,
and
under
like
Pains
,
as
other
Sheriffs
.
St.
7
and
8
W.
3.
c.
7.
continued
by
St.
12
and
13
W.
3.
c.
5.
False
Returns
illegal
and
prohibited
and
all
made
contrary
to
the
last
Determination
of
the
Right
of
Election
in
the
House
of
Commons
adjudged
a
false
Return
.
so
elected
,
shall
be
returned
by
the
said
Sheriff
into
the
Chancery
in
due
Form
,
and
upon
the
like
Pains
as
be
ordained
for
the
Sheriff
or
Sheriffs
of
any
other
County
in
like
Cases
.
That
all
false
Returns
wilfully
made
of
any
Knight
of
the
Shire
,
Citizen
,
Burgess
,
Baron
of
the
Cinque-Ports
,
or
other
Members
are
against
Law
,
and
are
hereby
prohibited
,
and
in
case
that
any
Person
or
Persons
shall
return
any
Member
for
any
County
,
City
,
Borough
,
Cinque-Port
,
or
Place
,
contrary
to
the
last
Determination
in
the
House
of
Commons
of
the
Right
of
Election
in
such
County
,
England
.
City
,
Borough
,
Cinque-Port
,
or
Place
,
such
Return
is
hereby
adjudged
a
false
Return
.
The
Party
so
grieved
(
to
wit
)
He
that
shall
be
duly
elected
for
any
County
,
Officers
,
&c.
making
such
false
Return
,
liable
to
an
Action
at
the
Suit
of
any
duly
elected
in
any
of
the
Courts
at
Westminster
with
double
Damages
and
full
Costs
.
City
,
Borough
,
Cinque-Port
,
or
Place
,
by
such
false
Return
may
sue
the
Officers
and
Persons
making
or
procuring
the
same
,
and
every
or
any
of
them
at
his
Election
,
in
any
Court
of
Record
at
Westminster
,
and
shall
recover
double
Damages
with
his
full
Costs
.
Any
Officer
that
shall
wilfully
,
Officers
,
&c.
falsly
,
&c.
making
double
Returns
liable
to
the
like
Action
.
falsly
,
and
maliciously
return
more
Persons
than
are
required
to
be
chosen
by
the
Writ
or
Precept
on
which
any
Choice
is
made
,
the
like
Remedy
may
be
had
against
him
or
them
,
and
the
Party
or
Parties
that
willingly
procure
the
same
,
by
the
Party
grieved
.
All
Contracts
,
Contracts
,
Bonds
,
&c.
given
to
procure
the
Return
of
any
Member
adjudged
void
,
and
such
as
make
or
give
them
to
procure
any
false
or
double
Return
,
forfeit
300
l.
one
third
to
the
King
,
another
to
the
Poor
of
the
County
,
City
,
&c.
and
a
third
to
the
Informer
,
with
his
Costs
,
to
be
recovered
by
Action
of
Debt
,
&c.
wherein
no
Essoign
,
&c.
Promises
,
Bonds
,
and
Securities
whatsoever
hereafter
made
or
given
,
to
procure
any
Return
of
any
Member
,
or
any
thing
relating
thereto
,
be
adjudged
void
,
and
that
whoever
makes
or
gives
such
Contract
,
Security
,
Promise
,
or
Bond
,
or
any
Gift
or
Reward
to
procure
such
false
or
double
Return
,
England
.
shall
forfeit
300
l.
one
third
Part
to
his
Majesty
,
another
third
Part
to
the
Poor
of
the
County
,
City
,
Borough
,
or
Place
concern'd
,
and
one
third
Part
to
the
Informer
,
with
his
Costs
to
be
recovered
in
any
Court
of
Record
at
Westminster
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
wherein
no
Essoign
,
Protection
,
or
Wager
of
Law
allowed
,
nor
more
than
one
Imparlance
.
The
Clerk
of
the
Crown
to
keep
a
Book
of
Entry
of
every
single
and
double
Return
,
and
of
every
Alteration
and
Amendment
in
every
such
Return
,
whereto
all
Persons
to
have
Access
,
and
take
Copies
of
so
much
as
desired
at
a
reasonable
Fee
.
And
if
the
Clerk
of
the
Crown
makes
not
such
Entry
in
Six
Days
after
any
Return
,
or
alters
any
Return
without
Order
of
the
House
of
Commons
,
or
gives
a
Certificate
of
any
Person
not
returned
,
or
wilfully
neglects
or
omits
his
Duty
herein
,
to
forfeit
500
l.
for
each
Offence
to
the
Party
grieved
,
to
be
recovered
as
aforesaid
,
and
lose
his
Office
,
England
.
and
be
for
ever
incapable
of
holding
it
.
Every
Information
or
Action
brought
upon
this
Statute
,
Informations
or
Actions
on
this
Statute
to
be
brought
within
two
Years
after
the
Cause
.
shall
be
brought
within
the
Space
of
two
Years
after
the
Cause
of
Action
shall
arise
.
That
when
any
New
Parliament
shall
at
any
Time
hereafter
be
Summoned
or
called
,
Staf.
-
&
8
W.
3.
c.
25.
Writs
of
Summons
to
Parliament
to
have
forty
Days
between
the
Teste
and
Returns
,
and
be
issued
with
all
Expedition
,
and
delivered
to
the
proper
Officer
to
whom
its
Execution
belongs
,
who
shall
indorse
thereon
the
Day
he
received
it
,
and
within
three
Days
issue
out
his
Precept
to
the
like
proper
Officer
of
each
Borough
,
&c.
who
shall
also
indorse
the
Day
of
his
Receipt
of
the
Precept
in
the
former's
Presence
,
and
proceed
to
Election
in
eight
Days
and
give
four
Days
Notice
of
the
Day
appointed
.
there
shall
be
forty
Days
between
Teste
and
Returns
of
the
Writs
of
Summons
,
and
that
the
Lord
Chancellor
,
Lord
Keeper
,
or
Lords
Commissioners
of
the
Great
Seal
for
the
Time
being
,
shall
issue
out
Writs
for
Election
of
Members
to
serve
in
the
same
Parliament
with
as
much
Expedition
as
the
same
may
be
done
.
And
that
as
well
upon
the
calling
or
summoning
any
New
Parliament
,
as
also
in
case
of
any
Vacancy
in
Parliament
,
the
several
Writs
shall
be
deliver'd
to
the
proper
Officer
to
whom
the
Execution
thereof
doth
belong
or
appertain
,
and
to
no
other
Person
whatsoever
.
And
that
every
such
Officer
,
upon
the
Receipt
of
the
same
Writ
,
shall
upon
the
back
thereof
indorse
the
Day
he
receiv'd
the
same
,
and
shall
forthwith
,
send
his
Precept
or
Precepts
to
each
Borough
,
Town
Corporate
,
[
](A54632-e58290-b)*
*
Proper
Officer
of
the
Cinque-Ports
allowed
six
Days
from
the
Receipt
of
the
Writ
for
the
Delivery
by
a
sulsequent
Statute
,
10
&
11
W.
3.
c.
7.
Port
,
England
.
or
Place
within
his
Jurisdiction
,
where
any
Member
or
Members
are
to
be
elected
to
serve
in
such
New
Parliament
,
or
to
supply
any
Vacancy
in
Parliament
,
and
within
three
Days
after
the
Receipt
of
the
said
Writ
,
shall
by
himself
or
proper
Agent
deliver
or
cause
to
be
delivered
such
Precept
or
Precepts
to
the
proper
Officer
of
every
such
Borough
,
Town
Corporate
,
*
Port
,
or
Place
within
his
Jurisdiction
,
to
whom
the
Execution
of
such
Precept
doth
belong
or
appertain
,
and
to
no
other
Person
.
And
every
such
Officer
,
upon
the
back
of
the
same
Precept
,
shall
indorse
the
Day
of
his
Receipt
thereof
in
the
Presence
of
the
Party
from
whom
he
received
such
Precept
,
and
shall
forthwith
cause
Notice
to
be
given
of
the
Time
and
Place
of
Election
,
and
shall
proceed
to
Election
thereupon
within
the
Space
of
eight
Days
next
after
his
Receipt
of
the
same
Precept
,
and
give
four
Days
Notice
at
least
of
the
Day
appointed
for
the
Election
.
Neither
the
Sheriff
nor
his
under
Sheriff
in
any
County
or
City
,
No
Sheriff
&c.
in
any
County
or
City
,
nor
Mayor
,
&c.
of
any
Borough
Town
,
Port
or
Place
to
whom
the
Execution
of
any
Writ
or
Precept
belongs
,
to
pay
or
receive
any
Fee
,
&c.
for
making
out
,
Receipt
,
Delivery
,
Return
,
or
Execution
of
the
same
.
nor
the
Mayor
,
Bailiff
,
Constable
,
Portreeve
,
or
other
Officer
or
Officers
of
any
Borough
,
England
.
Town
Corporate
,
Port
or
Place
,
to
whom
the
Execution
of
any
Writ
or
Precept
for
electing
Members
,
doth
belong
or
appertain
,
shall
give
,
pay
,
receive
or
take
any
Fee
,
Reward
,
or
Gratuity
for
making
out
,
Receipt
,
Delivery
,
Return
,
or
Execution
of
any
such
Writ
or
Precept
.
Upon
every
Election
to
be
made
of
any
Knight
or
Knights
of
the
Shire
to
serve
in
Parliament
,
Sheriff
,
for
Election
of
Knights
of
the
Shire
,
to
hold
his
County
Court
where
the
same
has
been
most
usually
kept
for
forty
Years
last
,
and
proceed
to
the
Election
the
next
Court
unless
it
happen
within
six
Days
after
the
Receipt
of
the
Writ
,
or
the
same
Day
,
and
then
to
adjourn
giving
ten
Days
notice
of
the
Time
and
Place
.
If
a
Poll
required
,
the
Sheriff
,
&c.
forthwith
to
proceed
thereon
publickly
and
appoint
Clerks
to
take
the
Poll
in
his
&c.
Presence
,
who
shall
be
sworn
to
take
it
indifferently
,
and
set
down
each
Free-holder's
Name
,
the
Place
of
his
Freehold
,
and
for
whom
he
polls
,
and
to
poll
no
Freeholder
not
sworn
,
if
requir'd
by
any
Candidate
.
the
Sheriff
of
the
County
where
such
Election
shall
be
made
,
shall
hold
his
County
Court
for
the
same
Election
at
the
most
publick
and
usual
Place
of
Election
within
the
said
County
,
and
where
the
same
has
most
usually
been
for
40
Years
last
past
,
and
shall
there
proceed
to
Election
at
the
next
County
Court
,
unless
the
same
fall
out
to
be
held
within
six
Days
after
the
Receipt
of
the
Writ
,
or
upon
the
same
Day
,
and
then
shall
adjourn
the
same
Court
to
some
convenient
Day
,
given
ten
Days
Notice
of
the
Time
and
Place
of
Election
;
and
in
case
the
said
Election
be
not
determined
upon
the
View
with
the
Consent
of
the
Freeholders
there
present
,
but
that
a
Poll
shall
be
required
;
the
said
Sheriff
,
or
in
his
Absence
,
the
Under-Sheriff
,
England
.
with
such
others
as
shall
be
deputed
by
him
,
shall
forthwith
there
proceed
to
take
the
said
Poll
in
some
open
or
publick
place
or
places
,
by
the
same
Sheriff
or
his
Under-Sheriff
in
his
Absence
,
or
others
appointed
for
the
taking
thereof
as
aforesaid
:
And
for
the
more
due
and
orderly
proceeding
in
the
said
Poll
,
the
said
Sheriff
,
or
in
his
Absence
his
Under-Sheriff
,
or
such
as
he
shall
depute
,
shall
appoint
such
Number
of
Clerks
as
to
him
shall
seem
convenient
,
for
the
taking
thereof
,
which
Clerks
shall
all
take
the
said
Poll
in
the
presence
of
the
said
Sheriff
,
or
his
Under-Sheriff
,
or
such
as
he
shall
depute
;
and
before
they
begin
to
take
the
said
Poll
,
every
Clerk
so
appointed
shall
by
the
said
Sheriff
,
or
his
Under-Sheriff
aforesaid
,
be
Sworn
truly
and
indifferently
to
take
the
same
Poll
,
and
to
set
down
the
Names
of
each
Free-holder
,
and
the
Place
of
his
Free-hold
,
and
for
whom
he
shall
Poll
,
and
to
Poll
no
Free-holder
who
is
not
Sworn
,
if
so
required
by
the
Candidates
,
or
any
of
them
(
which
Oath
of
the
said
Clerks
,
the
said
Sheriff
or
his
Under-Sheriff
,
or
such
as
he
shall
depute
,
are
hereby
impowered
to
administer
)
and
the
Sheriff
or
his
Under
Sheriff
shall
appoint
for
each
Candidate
,
such
one
Person
as
shall
be
nominated
to
him
by
each
Candidate
to
be
Inspectors
of
every
Clerk
,
England
.
who
shall
be
appointed
for
taking
the
Poll
,
Sheriffs
,
&c.
to
appoint
for
each
Candidate
one
Person
nominated
by
such
Candidate
to
be
Inspectors
of
every
Clerk
of
the
Poll.
And
to
sweareach
Free-holder
before
his
Poll
to
be
taken
,
if
by
any
Candidate
required
,
to
his
Freehold
.
and
every
Free-holder
before
he
is
admitted
to
Poll
at
the
same
Election
,
shall
,
if
required
by
the
Candidates
,
or
any
of
them
,
first
take
the
Oath
(
in
this
Act
contained
)
Which
Oath
the
Sheriff
by
himself
,
or
his
Under-Sheriff
,
or
such
sworn
Clerks
by
him
appointed
for
takeing
the
said
Poll
as
aforesaid
,
are
hereby
authorized
to
administer
.
The
said
Sheriff
,
Sheriff
,
&c.
at
the
Place
of
Election
to
proceed
to
the
Poll
,
and
not
adjourn
the
County
Court
to
any
other
Place
,
without
the
Candidates
Consent
,
nor
without
such
Consent
delay
or
discontinue
the
Poll.
or
in
his
Absence
his
Under-Sheriff
,
or
such
as
he
shall
depute
,
shall
at
the
Place
of
Election
proceed
to
the
Polling
all
the
Free-holders
then
and
there
present
,
and
shall
not
adjourn
the
County
Court
then
and
there
held
to
any
other
Town
and
Place
within
the
same
County
,
without
the
Consent
of
the
Candidates
,
nor
shall
by
any
unnecessary
Adjournment
in
the
same
Place
of
Election
,
protract
or
delay
the
Election
;
but
shall
duly
and
orderly
proceed
to
take
the
said
Poll
from
Day
to
Day
,
and
Time
to
Time
,
without
any
further
or
other
Adjournment
,
without
the
Consent
of
the
Candidates
,
until
all
the
Free-holders
then
and
there
present
shall
be
polled
.
England
.
Every
Sheriff
,
Under-Sheriff
,
Mayor
,
Sheriffs
,
Mayors
,
&c.
to
deliver
to
any
Person
desiring
it
,
a
Copy
of
the
Poll
,
paying
reasonably
for
writing
it
.
Sheriffs
,
Mayors
,
&c.
for
every
wilful
Offence
contrary
to
this
Act
,
forfeits
to
each
Party
grieved
500
l.
to
be
recovered
by
him
,
his
Executors
,
&c.
with
full
Costs
,
by
Action
of
Debt
&c
wherein
Essoign
,
&c.
to
be
allowed
.
Bailiff
,
and
other
Officer
to
whom
the
Execution
of
any
Writ
or
Precept
shall
belong
,
for
the
electing
Members
to
serve
in
Parliament
,
shall
forthwith
deliver
to
such
Person
or
Persons
as
shall
desire
the
same
,
a
Copy
of
the
Poll
taken
at
such
Election
,
paying
only
a
reasonable
Charge
for
writing
the
same
;
and
every
Sheriff
,
Under-Sheriff
,
Mayor
,
Bailiff
,
and
other
Officer
to
whom
the
Execution
of
any
Writ
or
Precept
for
electing
of
Members
doth
belong
,
for
every
wilful
Offence
contrary
to
this
Act
,
shall
forseit
to
every
Party
so
aggrieved
the
Sum
of
five
hundred
Pounds
,
to
be
recovered
by
him
or
them
,
his
or
their
Executors
or
Administrators
,
together
with
full
Costs
,
for
which
he
or
they
may
sue
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
in
any
Court
at
Westminster
,
wherein
no
Essoign
,
Protection
,
Wager
of
Law
,
Privilege
,
or
Imparlance
shall
be
allowed
.
Every
Return
of
any
Person
under
the
Age
of
twenty
one
Years
,
The
Return
of
any
Person
chosen
under
21
Years
,
void
.
is
hereby
declared
to
be
null
and
void
.
All
County
Courts
for
the
County
of
York
or
any
other
County
Courts
,
England
.
which
heretosore
used
to
be
held
on
a
Monday
,
County
Courts
for
Yorkshire
and
others
used
to
be
held
on
a
Menday
,
to
be
called
and
held
on
a
Wednesday
.
shall
be
called
and
begun
upon
a
Wednesday
,
and
not
otherwise
,
any
Custom
or
Usage
to
the
contrary
.
The
Sheriff
of
the
County
of
Southampton
,
Sheriff
,
&c.
of
Hampshire
,
at
the
Request
of
any
Candidate
,
to
adjourn
after
the
End
of
the
Poll
at
Winchester
to
Newgate
in
the
Isle
of
Wight
.
or
his
Deputy
,
at
the
Request
of
one
or
more
of
the
Candidates
for
Election
of
a
Knight
or
Knights
of
that
County
,
shall
adjourn
the
Poll
from
Winchester
,
after
every
Frecholder
then
and
there
present
is
polled
,
to
Newport
in
the
Isle
of
Wight
,
for
the
Ease
of
the
Inhabitants
of
the
said
Island
,
any
thing
in
this
Act
to
the
contrary
.
That
no
Person
which
shall
refuse
to
take
the
Oaths
(
of
Allegiance
and
Supremacy
)
directed
by
an
Act
made
in
the
first
Year
of
His
present
Majesty
and
the
late
Queen
Mary
,
St.
7
&
8.
W.
3.
c.
27.
Sheriffs
,
&c.
on
the
Poll
at
any
Election
to
administer
the
Oaths
of
Allegiance
and
Supremacy
to
Electors
(
and
if
Quakers
the
Declaration
of
Fidelity
)
at
the
Request
of
any
Candidate
,
and
on
Refusal
not
to
admit
them
to
vote
.
or
being
Quakers
,
shall
refuse
to
subscribe
the
Declaration
of
Fidelity
directed
by
one
other
Act
of
Parliament
made
in
the
said
first
Year
of
the
Reign
of
His
present
Majesty
and
the
late
Queen
(
which
Oaths
and
Subscription
respectively
the
Sheriff
or
chief
Officer
taking
the
Poll
,
England
.
at
the
Request
of
any
one
of
the
Candidates
are
required
to
administer
)
shall
not
be
admitted
to
give
any
Vote
for
the
Election
of
any
Knight
of
the
Shire
,
Citizen
,
Burgess
or
Baron
of
the
Cinque-Ports
to
serve
in
Parliament
.
That
the
Sheriff
or
other
Officer
having
the
Execution
and
Return
of
any
Writ
to
Parliament
,
St.
10
&
11
W.
3.
c.
7.
Sheriffs
,
&c.
by
themselves
or
Deputies
,
on
or
before
the
Day
any
Parliament
shall
called
to
meet
,
and
not
exceeding
fourteen
Days
after
any
Election
made
,
to
make
his
Return
to
the
Clerk
of
the
Crown
,
&c.
shall
on
or
before
the
Day
that
any
suture
Parliament
shall
be
called
to
meet
,
and
with
all
convenient
Expedition
,
not
exceeding
fourteen
Days
after
any
Election
made
by
virtue
of
any
new
Writ
,
either
in
Person
,
or
by
his
Deputy
,
make
Returns
of
the
same
to
the
Clerk
of
the
Crown
in
Chancery
,
to
be
by
him
filed
,
&c.
and
pay
to
the
Clerk
of
the
Crown
4
s.
for
every
Knight
of
the
Shire
,
and
2
s.
for
every
Citizen
,
Burgess
,
&c.
which
the
Sheriff
,
&c.
shall
charge
to
the
King
,
and
have
allowed
upon
his
Account
.
(
See
the
Stat.
&c.
7
&
8.
W.
c.
25.
p.
107.
)
The
proper
Officer
of
the
Cinque-Ports
shall
be
allowed
six
Days
from
the
Receipt
of
such
Writ
for
the
Delivery
very
of
the
Precept
according
to
the
Purport
of
the
Act
(
7
and
8
W.
III.
G.
Britain
.
c.
25.
)
any
thing
in
the
said
Act
,
or
any
other
Law
,
Statute
or
Usage
to
the
contrary
.
Every
Sheriff
or
other
Officer
aforesaid
who
shall
not
make
the
Returns
according
to
the
true
Intent
and
Meaning
of
this
Act
,
Sheriffs
,
&c.
not
making
Returns
accordingly
,
to
forfeit
for
each
Offence
500
l.
one
Moiety
to
the
King
,
the
other
to
him
that
will
sue
by
Action
of
Debt
,
&c.
wherein
no
Essoign
,
&c.
to
be
allowed
,
and
but
one
Imparlance
.
shall
forfeit
for
every
such
Offence
the
Sum
of
500
l.
one
Moiety
to
His
Majesty
,
and
the
other
Moiety
to
him
or
them
that
will
sue
for
the
same
,
to
be
recovered
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
in
any
Court
at
Westminster
,
wherein
no
Essoign
,
Protection
,
or
Wager
of
Law
allowed
,
nor
more
than
one
Imparlance
.
That
when
any
Parliament
shall
hereafter
be
summoned
or
called
,
St.
6.
Annae
c.
6.
Writs
to
issue
to
the
respective
Sheriffs
or
Stewarts
,
for
choosing
the
45
Representatives
of
Scotland
to
Parliament
Sheriffs
,
&c.
thereon
,
forthwith
to
give
Notice
of
the
Time
of
Election
for
the
Shires
.
Clerks
of
the
Meetings
forthwith
to
return
the
Names
of
the
elected
to
the
Sheriff
,
who
is
to
annex
and
return
it
with
his
Writ
.
the
Forty
five
Representatives
of
Scotland
in
the
House
of
Commons
in
the
Parliament
of
Great
Britain
,
shall
be
elected
and
chosen
by
Authority
of
the
Queen's
Writs
,
under
the
great
Seal
of
Great
Britain
,
directed
to
the
several
Sheriffs
and
Stewarts
of
the
respective
Shires
and
Stewartries
,
and
the
said
several
Sheriffs
and
Stewarts
shall
,
on
Receipt
of
such
Writs
,
forthwith
give
notice
of
the
Time
of
Election
for
the
Knights
or
Commissioners
for
their
respective
Shires
or
Stewartries
:
G.
Britain
.
And
the
Clerks
of
the
said
Meetings
,
immediately
after
the
said
Elections
are
over
,
shall
respectively
return
the
Names
of
the
Persons
elected
to
the
Sheriff
or
Stewart
of
the
Shire
or
Stewartry
,
who
shall
annex
it
to
his
Writ
,
and
return
it
with
the
same
into
the
Court
out
of
which
the
Writ
is
issued
.
And
as
to
the
Manner
of
Election
of
the
fifteen
Representatives
of
the
Royal
Boroughs
,
Sheriff
of
Edinburgh
,
on
Receipt
of
his
Writ
,
forthwith
to
direct
his
Precept
to
the
Lord
Provost
,
for
electing
the
Burgess
for
that
City
Common
Clerk
of
Edinburgh
to
certify
the
Name
of
the
elected
to
the
Sheriff
,
who
is
to
annex
and
return
it
with
the
Writ
.
the
Sheriff
of
the
Shire
of
Edinburgh
shall
,
on
Receipt
of
the
Writ
directed
to
him
,
forthwith
direct
his
Precept
to
the
Lord
Provost
of
Edinburgh
,
to
cause
a
Burgess
to
be
elected
for
that
City
,
and
their
Common
Clerk
shall
certify
the
Name
of
the
Member
elected
to
the
Sheriff
of
Edinburgh
,
who
shall
annex
it
to
his
Writ
,
and
return
it
with
the
same
into
the
Court
,
from
which
the
Writ
issued
.
And
as
to
the
other
Royal
Burghs
divided
into
fourteen
Classes
or
Districts
,
Sheriffs
,
&c.
in
like
Manner
to
direct
their
Precepts
to
the
Royal
Burghs
,
for
the
electing
a
Commissioner
for
each
,
and
the
Commissioners
of
each
District
to
meet
at
the
presiding
Borough
(
by
name
)
for
each
District
on
the
thirtieth
Day
after
the
Teste
of
the
Writ
,
unless
Sunday
,
and
then
Menday
,
to
their
Burgess
.
Common
Clerk
of
such
presiding
Borough
forthwith
to
return
the
Name
of
the
elected
to
the
Sheriff
,
&c.
in
whose
Shire
such
Borough
is
,
who
is
to
annex
and
return
it
with
his
Writ
.
Like
Method
to
be
taken
by
Sheriffs
,
&c.
in
Case
of
Vacancy
in
Parliament
Time
,
by
Decease
or
Incapacity
of
a
Member
;
and
if
for
a
Burgh
the
presiding
Burgh
at
the
first
to
preside
at
the
new
Election
.
the
Sheriffs
or
Stewarts
of
the
several
Shires
and
Stewarties
shall
,
G.
Britain
.
on
the
Receipt
of
their
several
Writs
,
forthwith
direct
their
several
Precepts
to
every
Royal
Burgh
within
their
respective
Shires
or
Stewartries
,
reciting
therein
the
Contents
of
the
Writ
and
the
Date
thereof
,
and
commanding
them
forthwith
to
elect
each
of
them
a
Commissioner
as
they
used
formerly
to
elect
Commissioners
to
the
Parliament
of
Scotland
,
and
to
order
the
said
respective
Commissioners
to
meet
at
the
presiding
Borough
of
their
respective
District
(
naming
the
said
presiding
Borough
)
upon
the
thirtieth
Day
after
the
Day
of
the
Teste
of
the
Writ
,
unless
it
be
upon
the
Lord's
Day
,
and
then
the
next
Day
after
,
and
then
to
choose
their
Burgess
for
the
Parliament
:
And
the
Common-Clerk
of
the
then
presiding
Borough
shall
immediately
after
the
Election
return
the
Name
of
the
Person
so
elected
to
the
Sheriff
or
Stewart
of
the
Shire
or
Stewartry
wherein
such
presiding
Borough
is
,
who
shall
annex
it
to
his
Writ
,
and
return
it
with
the
same
into
the
Court
from
whence
the
Writ
issued
.
And
in
case
a
Vacancy
shall
happen
in
Time
of
Parliament
,
by
the
Decease
or
legal
Incapacity
of
any
Member
,
a
new
Member
shall
be
elected
in
his
Room
,
G.
Britain
.
conformable
to
the
Method
herein
before
appointed
;
and
in
Case
such
a
Vacancy
be
of
a
Representative
for
any
one
of
the
said
fourteen
Classes
or
Districts
of
the
said
Royal
Boroughs
,
that
Borough
which
presided
at
the
Election
of
the
deceased
or
disabled
Member
,
shall
be
the
presiding
Borough
at
such
new
Election
.
Provided
always
that
upon
the
issuing
of
the
Writs
of
Summons
for
the
electing
of
a
Parliament
,
if
any
Shire
or
Stewartry
where
a
Royal
Borough
is
,
In
Writs
to
Sheriffs
the
Election
of
a
Knight
to
be
omitted
,
if
the
Shires
(
where
a
Royal
Burgh
is
)
have
not
then
a
Turn
to
elect
.
hath
not
then
a
Turn
or
Right
to
elect
a
Commissioner
or
Knight
of
the
Shire
or
Stewartry
for
that
Parliament
,
that
then
it
shall
be
omitted
out
of
the
Writ
,
&c.
That
every
Person
who
shall
refuse
to
take
the
Oath
(
of
Abjuration
)
or
being
a
Quaker
,
St.
6
An.
ch.
23.
Sheriffs
,
Presidents
of
Meetings
,
&c.
on
the
Poll
at
any
Election
of
Members
of
Parliament
for
Great
Britain
,
or
of
Commissioners
for
choosing
Burgesses
for
Scotland
,
at
the
Request
of
any
Candidate
or
others
to
administer
the
Abjuration
Oath
(
or
Affirmation
to
Quakers
)
and
Electors
refusing
it
disabled
to
vote
.
shall
refuse
to
declare
the
Effect
thereof
upon
his
solemn
Affirmation
,
as
directed
by
an
Act
made
7.
W.
3.
which
Oath
or
Declaration
the
Sheriff
,
President
of
the
Meeting
,
or
chief
Officer
taking
the
Poll
at
any
Election
of
Members
for
any
Place
in
Great
Britain
,
G.
Britain
.
or
Commissioners
for
choosing
Burgesses
for
any
Place
in
Scotland
,
at
the
Request
of
any
Candidate
or
other
Person
present
at
such
Election
,
(
which
they
are
to
administer
)
shall
not
be
capable
of
giving
any
Vote
for
the
Election
of
any
such
Member
,
for
any
Place
in
Great
Britain
,
or
Commissioner
to
choose
a
Burgess
for
any
Place
in
Scotland
.
Enacted
,
St.
9
An.
ch.
5.
Candidate
to
be
sworn
to
his
Estate
,
if
required
by
any
other
Candidate
,
or
two
Electors
.
That
every
Person
(
except
the
eldest
Son
or
Heir
Apparent
of
a
Peer
,
or
of
a
Person
qualified
by
this
Act
to
serve
as
Knight
of
a
Shire
,
or
such
as
shall
be
elected
for
each
of
the
Universities
of
England
)
shall
upon
Request
,
at
the
time
of
the
Election
,
or
before
the
Day
to
be
prefixed
in
the
Writ
of
Summons
for
the
Meeting
of
(
any
Subsequent
)
Parliament
,
by
any
other
Person
who
shall
stand
Candidate
at
such
Election
,
or
by
any
two
or
more
Persons
having
a
Right
to
Vote
at
such
Election
,
take
a
Corporal
Oath
in
the
Form
,
(
in
this
Act
contained
,
)
Vide
aute
.
The
respective
Oaths
aforesaid
shall
be
administred
by
the
Sheriff
or
Under-Sheriff
for
any
County
,
G.
Britain
.
or
by
the
Mayor
,
Bailiff
,
The
Oaths
to
be
administred
by
the
Sheriff
or
other
Officer
by
whom
the
Poll
is
to
be
taken
,
and
Return
made
or
two
or
more
Justices
of
the
Peace
.
Who
are
to
certify
the
same
into
the
Chancery
or
Queen's
Bench
within
3
Months
,
under
100
l.
Forfeiture
,
to
be
recovered
by
Action
of
Debt
,
&c.
half
to
the
Queen
,
and
half
to
him
that
sues
,
with
full
Costs
.
or
other
Officer
or
Officers
for
any
City
,
Borough
,
&c.
to
whom
it
shall
appertain
to
take
the
Poll
,
or
make
the
Return
at
such
Election
,
or
by
any
two
or
more
Justices
of
the
Peace
within
England
,
&c.
and
the
said
Sheriff
,
Mayor
,
Bailiff
,
or
other
Officers
;
and
the
said
Justices
of
the
Peace
respectively
are
hereby
required
to
certify
the
taking
thereof
into
Chancery
,
or
the
Queen's
Bench
,
within
three
Months
after
the
taking
the
same
,
under
the
Penalty
of
forfeiting
one
hundred
Pounds
,
one
Moiety
to
the
Queen
,
and
the
other
to
such
Person
or
Persons
as
will
sue
for
the
same
,
to
be
recovered
with
full
Costs
,
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
in
any
Court
of
Record
at
Westminster
.
No
Fee
or
Reward
shall
be
taken
for
administring
any
Oath
,
or
making
,
1
s.
only
to
be
paid
for
the
Oath
,
2
s.
for
making
,
and
2
s.
for
filing
the
Certificate
,
under
20
l.
Forfeiture
,
to
be
recovered
and
divided
as
above
.
receiving
,
or
filing
the
Certificate
thereof
,
except
one
Shilling
for
administring
the
Oath
,
and
two
Shillings
for
making
the
Certificate
,
and
two
Shillings
for
receiving
and
filing
the
same
,
under
the
Penalty
of
twenty
Pounds
to
be
forfeited
by
the
Offender
,
G.
Britain
.
and
to
be
recovered
and
divided
as
aforesaid
.
That
upon
every
Election
to
be
made
of
a
Knight
of
a
Shire
within
England
,
St.
10.
An.
ch.
23.
Sheriff
,
&c.
to
swear
each
Freeholder
,
if
by
any
Candidate
or
Voter
required
.
Sheriff
,
&c.
shall
enter
the
Place
of
the
Elector's
Freehold
,
of
his
Abode
,
and
Jurat
'
against
the
Name
of
every
Voter
sworn
,
and
with
in
twenty
Days
after
the
Elections
deliver
the
Poll-Books
upon
Oath
to
he
Clerk
of
the
Peace
&c.
every
Free-holder
before
he
is
admitted
to
Poll
,
shall
,
if
required
by
the
Candidates
,
or
any
of
them
,
or
any
other
Person
having
a
Right
to
Vote
,
first
take
the
Oath
(
in
this
Act
contained
)
which
Oath
the
Sheriff
,
&c.
is
to
administer
:
And
in
taking
the
Poll
,
the
Sheriff
,
&c.
shall
enter
not
only
the
Place
of
the
Elector's
Freehold
,
but
also
the
Place
of
his
Abode
,
and
Jurat
'
against
the
Name
of
every
Voter
,
who
shall
be
tender'd
and
take
the
Oaths
hereby
required
;
and
the
Sheriff
,
or
returning
Officer
,
shall
within
twenty
Days
after
such
Election
,
deliver
over
upon
Oath
(
to
be
administred
by
the
two
next
Justices
of
the
Peace
,
one
of
the
Quorum
)
unto
the
Clerk
of
the
Peace
of
the
same
County
,
all
the
Poll-Books
of
such
Elections
,
and
in
Counties
where
there
are
more
than
one
Clerk
of
the
Peace
,
the
Original
to
one
,
and
attested
Copies
to
the
rest
,
to
be
kept
among
the
Records
of
the
Sessions
of
the
Peace
for
the
County
:
And
of
an
Act
,
(
7
Guil.
III.
)
Intituled
,
G.
Britain
.
An
if
any
Quaker
,
Sheriff
,
&c.
to
admit
any
Quaker
to
vote
during
the
Act
7
W.
3.
and
accept
his
Affirmation
to
the
Effect
of
the
Oath
,
according
to
the
said
Act
,
instead
thereof
;
and
enter
Affirmat
'
against
the
Name
of
such
Quaker
.
during
the
Continuance
of
an
Act
,
(
7
Guil.
III.
)
Intituled
,
An
Act
that
the
solemn
Affirmation
and
Declaration
of
the
People
called
Quakers
,
shall
be
accepted
instead
of
an
Oath
in
the
usual
Form
)
shall
upon
such
Election
,
if
required
by
the
Candidates
or
any
of
them
,
declare
the
Effect
of
the
said
Oath
upon
his
solemn
Affirmation
in
such
Manner
and
Form
as
is
directed
by
the
said
Act
,
every
such
Quaker
shall
be
capable
and
admitted
to
give
his
Vote
for
the
Election
of
any
such
Member
within
England
;
and
every
Sheriff
,
&c.
is
hereby
authorized
and
required
to
accept
such
Affirmation
instead
of
the
said
Oath
,
and
shall
enter
Affirmat
'
against
the
Name
of
every
such
Quaker
.
That
any
of
the
Electors
present
,
2
St.
12
Annae
Praeses
of
the
Meeting
upon
Request
of
any
Elector
of
a
Shire
or
Stewartry
in
Scotland
to
swear
either
Elector
or
Candidate
to
their
Estates
.
suspecting
any
Person
or
Persons
(
either
Electors
or
Candidates
for
Shires
or
Stewartries
in
Scotland
)
to
have
his
or
their
Estates
in
Trust
,
and
for
the
Behoof
of
another
,
may
require
the
Praeses
to
the
Meeting
,
to
tender
the
Oath
(
in
this
Act
contained
)
and
the
said
Praeses
is
required
to
administer
the
same
.
Returning
Officers
are
ordained
to
make
their
Returns
of
the
Persons
elected
by
the
Majority
of
the
Freeholders
inrolled
,
G.
Britain
.
and
those
admitted
by
them
,
Returning
Officers
to
return
Persons
elected
by
a
Majority
of
Freeholders
in
rolled
,
and
those
admitted
by
them
,
with
Liberty
of
objecting
,
&c.
reserving
always
the
Liberty
of
objecting
against
the
Persons
admitted
to
,
or
excluded
from
the
Poll
,
as
formerly
.
All
Sheriffs
of
Shires
and
Stewarts
of
Stewartries
shall
,
Sheriffs
and
Stewarts
under
50
l.
Penalty
,
half
to
the
Queen
,
half
to
him
that
sues
before
the
Court
of
Session
,
&c.
to
make
publick
Intimation
at
the
Parish
Churches
within
their
Jurisdictions
three
Days
before
the
Diet
of
Elections
.
under
the
Pain
of
50
l.
Sterling
,
one
Moiety
whereof
shall
be
to
the
Queen
,
Her
Heirs
and
Successors
,
and
the
other
to
the
Person
or
Persons
who
shall
sue
for
the
same
,
to
be
recovered
before
the
Court
of
Session
,
by
any
Action
summarily
,
without
abiding
the
Course
of
the
Roll
,
make
the
publick
Intimations
required
by
the
Laws
of
Scotland
,
at
the
several
Parish
Churches
within
their
respective
Jurisdictions
,
at
least
three
Days
before
the
Diet
of
Elections
.
That
the
Oath
or
Affirmation
(
which
see
ib.
)
the
Officer
or
Officers
presiding
,
St.
2
G.
2.
ch.
4.
Presiding
Officer
to
administer
the
Oath
or
Affirmation
,
on
Forfeiture
of
50
l.
or
taking
the
Poll
at
such
Election
,
is
and
are
hereby
impowered
and
required
to
administer
gratis
,
if
demanded
,
upon
Pain
to
forfeit
the
Sum
of
Fifty
Pounds
of
lawful
Money
of
Great
Britain
,
G.
Britain
.
to
any
Person
that
shall
sue
for
the
same
,
to
be
recovered
,
with
full
Costs
,
by
Action
of
Debt
,
Bill
,
Plaint
or
Information
in
any
Court
of
Record
at
Westminster
,
wherein
no
Essoign
,
Protection
,
Wager
of
Law
,
or
more
than
one
Imparlance
;
and
if
the
said
Offence
shall
be
committed
in
that
Part
of
Great
Britain
called
Scotland
,
then
to
be
recovered
,
together
with
full
Costs
,
by
summary
Action
,
or
Complaint
before
the
Court
of
Session
,
or
by
Prosecution
before
the
Court
of
Justiciary
there
,
for
every
Neglect
or
Refusal
so
to
do
;
and
no
Person
shall
be
admitted
to
poll
,
till
he
has
taken
and
repeated
the
said
Oath
in
a
publick
Manner
,
in
Case
the
same
shall
be
demanded
as
aforesaid
,
before
the
returning
Officer
or
such
others
as
shall
be
legally
deputed
by
him
.
If
any
Sheriff
,
Mayor
,
Sheriff
or
other
returning
Officer
admitting
any
to
be
polled
,
before
sworn
to
forfeit
100
l.
Bailiff
or
other
returning
Officer
shall
admit
any
Person
to
be
polled
,
without
taking
such
Oath
or
Affirmation
,
if
demanded
,
as
aforesaid
,
such
returning
Officer
shall
forfeit
One
hundred
Pounds
,
to
be
recovered
as
aforesaid
,
together
with
full
Costs
;
and
if
any
Person
shall
vote
or
poll
at
such
Election
,
without
having
first
taken
the
Oath
,
or
,
if
a
Quaker
,
having
made
his
Affirmation
as
aforesaid
,
G.
Britain
.
if
demanded
,
such
Person
shall
incur
the
same
Penalty
,
Voters
to
incur
the
like
Penalty
.
Returning
Officer
,
after
reading
the
Writ
,
to
take
the
following
Oath
.
which
the
Officer
is
subject
to
for
the
Offence
above
mentioned
.
That
every
Sheriff
,
Mayor
,
Bailiff
,
Headborough
or
other
Person
,
being
the
returning
Officer
of
any
Member
to
serve
in
Parliament
,
shall
,
immediately
after
the
Reading
the
Writ
or
Precept
for
the
Election
of
such
Member
,
take
and
subscribe
the
following
Oath
(
which
see
ante
.
)
Which
Oath
any
Justice
or
Justices
of
the
Peace
of
the
said
County
,
City
,
Corporation
or
Borough
,
where
such
Election
shall
be
made
,
or
,
in
his
or
their
Absence
,
any
Three
of
the
Electors
,
are
hereby
required
to
administer
;
and
such
Oath
so
taken
,
shall
be
entred
among
the
Records
of
the
Sessions
of
such
County
,
City
,
Corporation
and
Borough
as
aforesaid
.
If
any
returning
Officer
,
Penalty
of
wilful
Perjury
.
Elector
or
Person
taking
the
Oath
or
Affirmation
herein
before
mentioned
,
shall
be
guilty
of
wilful
corrupt
Perjury
,
or
of
false
affirming
,
and
be
thereof
convicted
by
due
Course
of
Law
,
he
shall
incur
and
suffer
the
Pains
and
Penalties
,
which
by
Law
are
enacted
or
inflicted
in
Cases
of
wilful
and
corrupt
Perjury
.
That
all
and
every
the
Sheriffs
,
Mayors
,
G.
Britain
.
Bailiffs
and
other
Officers
,
The
Act
to
be
read
by
the
Sheriff
,
&c.
after
reading
the
Writ
,
to
whom
the
Execution
of
any
Writ
or
Precept
for
electing
any
Members
belongs
,
shall
,
at
the
Time
of
such
Election
,
immediately
after
the
Reading
of
such
Writ
or
Precept
,
read
,
or
cause
to
be
read
,
openly
before
the
Electors
there
assembled
,
this
present
Act
,
and
every
Clause
therein
contained
;
and
the
same
shall
also
openly
be
Read
once
in
every
Year
at
the
General
Quarter
Sessions
of
the
Peace
after
Easter
,
and
at
the
Quarter
Sessions
after
Easter
,
and
on
electing
Magistrates
,
&c.
for
any
County
or
City
,
and
at
every
Election
of
the
chief
Magistrate
in
any
Borough
,
Town
Corporate
,
or
Cinque-Port
,
and
at
the
annual
Election
of
Magistrates
,
and
Town
Counsellors
for
every
Borough
in
Scotland
.
That
every
Sheriff
,
Under-Sheriff
,
Wilful
Offence
forfeits
50
l.
Mayor
,
Bailiff
and
other
Officer
,
to
whom
the
Execution
of
any
Writ
or
Precept
for
the
electing
of
Members
doth
belong
,
for
every
wilful
Offence
,
contrary
to
this
Act
,
shall
forseit
50
l.
to
be
recovered
with
full
Costs
as
before
directed
.
Provided
,
Prosecution
to
commence
within
two
Years
.
That
no
Person
shall
be
made
liable
to
any
Incapacity
,
Disability
,
Forfeiture
or
Penalty
,
by
this
Act
,
unless
Prosecution
be
commenced
within
two
Years
after
such
Incapacity
,
&c.
incurred
,
or
in
Case
of
a
Prosecution
the
same
be
carried
on
without
wilful
Delay
;
any
Thing
herein
to
the
contrary
.
After
a
Recital
of
the
St.
7.8
.
St.
6.
G.
11.
c.
23.
W.
3.
and
the
Inconveniencies
of
County
Courts
being
adjourned
to
Mondays
,
Fridays
or
Saturdays
,
it
enacts
,
That
no
County
Court
in
England
,
shall
be
adjourn'd
to
a
Monday
,
Friday
or
Saturday
,
and
all
Adjournments
and
Acts
done
at
such
Courts
so
adjourn'd
,
to
be
null
and
void
,
any
Law
,
Custom
or
Usage
,
to
the
contrary
.
Provided
,
That
any
County
Court
begun
,
holden
on
,
or
adjourned
to
any
Day
(
not
prohibited
by
this
or
the
said
former
Act
)
for
electing
any
Knight
of
the
Shire
for
any
County
,
or
for
hearing
and
determining
Causes
,
or
for
such
other
Matters
and
Business
as
are
usually
transacted
at
County
Courts
,
may
be
adjourned
over
from
Day
to
Day
,
tho'
the
same
may
happen
to
be
on
a
Monday
,
Friday
or
Saturday
,
until
such
Election
or
other
Matters
be
fully
finished
,
any
thing
therein
to
the
contrary
,
&c.
CHAP.
XIII
.
Election
of
the
Speaker
.
THE
Speaker
is
he
that
doth
prefer
and
commend
the
Bills
exhibited
to
the
Parliament
,
Arc.
Parl.
3.
Smyth's
Common-wealth
75.
and
is
the
Mouth
of
the
Parliament
.
It
is
true
,
4
Inst.
8.
Smyth's
Common-wealth
75.
See
Bohun's
Coll.
352.
contra
.
the
Commons
are
to
choose
their
Speaker
;
but
seeing
that
after
their
Choice
the
King
may
refuse
him
;
for
avoiding
of
expence
of
Time
and
Contestation
,
the
Use
is
(
as
in
the
Conge
d'Eslier
of
a
Bishop
)
that
the
King
doth
name
a
discret
and
learned
Man
,
whom
the
Commons
elect
.
But
without
their
Election
no
Speaker
can
be
appointed
for
them
,
4
Inst.
8.
because
he
is
their
Mouth
,
and
trusted
by
them
,
and
so
necessary
,
as
the
House
of
Commons
cannot
sit
without
him
.
And
therefore
a
grievous
Sickness
is
a
good
Cause
to
remove
the
Speaker
,
Id.
8.
and
choose
another
.
So
in
1
Hen.
4.
Sir
John
Cheyny
discharged
;
and
so
William
Sturton
.
So
in
15
Hen.
6.
Sir
John
Tyrrel
removed
.
So
March
14.
1694.
Sir
John
Trevor
.
The
first
Day
each
Member
is
called
by
his
Name
,
Modus
tenend.
Pal.
35.
every
one
answering
for
what
Place
be
serveth
:
That
done
,
they
are
willed
to
choose
their
Speaker
,
who
(
tho'
nominated
by
the
King's
Majesty
)
is
to
be
a
Member
of
that
House
.
Their
Election
being
made
,
he
is
presented
by
them
to
the
King
sitting
in
Parliament
.
35.
So
Sir
Thomas
Gargrave
1
Eliz.
So
Christopher
Wray
13
Eliz.
So
Robert
Bell
14
Eliz.
See
Bohun's
Coll.
352
,
353.
So
John
Puckering
27
Eliz.
So
George
Snagg
31
Eliz.
So
Edward
Coke
35
Eliz.
So
Yelverton
39
Eliz.
So
John
Crook
43
Eliz.
So
Sir
Thomas
Crew
19
Jac.
1.
So
Sir
Heneague
Finch
1
Car.
1.
cum
multis
aliis
.
The
Speaker
ought
to
be
religious
,
Towns
.
Coll.
1.4
.
honest
,
grave
,
wise
,
faithful
,
and
Secret
.
These
Virtues
must
concur
in
one
Person
able
to
supply
that
Place
.
The
long
Use
hath
made
it
so
material
,
Elsyng
.
154
that
without
the
King's
Commandment
or
Leave
,
they
cannot
choose
their
Speaker
.
(
Sed
aliter
ab
Antiquo
.
)
Surely
the
Election
of
the
Speaker
was
antiently
free
to
the
Commons
,
Id.
155.
to
choose
whom
they
would
of
their
own
House
;
which
appears
in
this
,
that
the
King
never
rejected
any
whom
they
made
Choice
of
.
Vide
contra
Sir
Simon
d'Ewes
Journ
.
42.
Col.
1.
where
he
saith
,
That
28
Hen.
6.
Sir
John
Popham
was
discharg'd
by
the
King
(
i.
e.
on
his
excuse
)
;
and
thereupon
the
Commons
chose
and
presented
William
Tresham
Esq
who
made
no
Excuse
.
See
the
like
of
Paul
Foley
,
in
Bohun's
Collection
,
353.
The
Cause
of
Summons
being
declared
by
the
King
or
Chancellor
;
Elsing
.
151
Cook
12
,
115.
Smyth's
Common-wealth
79.
the
Lord
Chancellor
confers
first
with
his
Majesty
,
and
then
in
his
Name
,
commands
the
Commons
to
assemble
in
their
House
,
and
to
choose
one
of
their
Members
to
be
their
Speaker
,
and
to
present
him
to
his
Majesty
on
a
Day
certain
.
Upon
which
the
Commons
shall
presently
assemble
themselves
in
the
Lower
House
,
Co.
12.115
.
and
he
is
to
be
a
Member
of
their
Parliament
.
The
Commons
being
thereupon
assembled
in
their
House
;
Elsyng
.
152
Vid.
Town
.
Coll.
174.
See
Bohun
ut
Supra
.
one
of
the
Commons
puts
the
rest
in
mind
of
their
Charge
given
in
the
Upper
House
,
touching
the
choosing
of
a
Speaker
;
and
then
doth
of
himself
commend
one
unto
them
,
and
desires
their
Opinions
to
be
signified
by
their
Affirmative
,
or
Negative
Voices
;
and
if
any
Man
stand
up
,
and
speak
against
him
so
named
,
alledging
some
Reason
,
he
ought
to
name
another
.
Some
Person
(
when
the
generality
of
Members
are
come
,
Scobel
3.
Vid.
Town
.
174.
Vide
Sir
S.
d'Ewe's
Jour
.
passim
.
and
sit
)
doth
put
the
House
in
mind
,
that
for
their
better
proceeding
in
the
weighty
Affairs
they
are
come
about
,
their
first
Work
is
to
appoint
a
Speaker
;
and
re-commends
to
the
House
some
Person
of
Fitness
and
Ability
for
the
Service
and
Dignity
,
which
usually
hath
been
one
of
the
long
Robe
.
If
more
than
one
Person
be
named
for
Speaker
,
Scobel
3.
and
it
be
doubtful
,
who
is
more
generally
chosen
;
sometime
one
of
the
Members
standing
in
his
Place
,
doth
by
Direction
or
Leave
of
the
House
,
put
a
Question
for
determining
the
same
,
or
the
Clerk
at
the
Board
.
So
it
was
in
the
first
Session
1
Jac.
1.
Scobel
4.
when
Sir
Edward
Philips
the
King's
Serjeant
at
Law
was
first
named
by
Mr.
Secretary
Herbert
as
fit
for
that
Place
;
and
the
Names
of
others
were
mention'd
,
but
the
more
general
Voice
run
upon
Sir
Edward
Philips
;
and
a
Question
being
put
,
he
was
by
general
Acclamation
chosen
Speaker
.
When
the
Speaker
is
chosen
,
Co.
12.115
.
Vid.
Towns
.
175
Vid.
Sir
S.
d'Ewe's
Jour
.
passim
.
Elsyng
.
153
Vid.
Town
.
175.
Vide
Sir
S.
d'Ewe's
Jeur.
passim
.
he
in
his
Place
,
where
he
first
shall
sit
down
,
shall
disable
himself
,
and
shall
pray
,
That
they
would
proceed
to
a
new
Election
.
When
it
appeareth
who
is
chosen
,
after
a
good
Pawse
he
standeth
up
,
and
sheweth
what
Abilities
are
required
in
a
Speaker
;
and
that
there
are
divers
among
them
well
furnish'd
with
such
Qualities
,
&c.
disableth
himself
,
and
prayeth
a
new
Choice
to
be
made
;
which
is
commonly
answered
with
a
full
Consent
of
Voices
upon
his
Name
.
If
the
House
generally
give
a
Testimony
of
their
Approbation
,
Elsyng
.
153
4
Inst.
8.
Vid.
Town
.
175.
Vide
Sir
Simon
d'Ewe's
Jour
.
passim
.
two
of
the
Members
(
which
for
the
most
Part
ware
of
the
Council
,
or
chief
Officers
of
the
Court
)
going
to
the
Gentleman
named
,
and
agreed
to
be
Speaker
,
take
him
from
his
Place
,
and
lead
him
unto
the
Chair
(
Elsying
says
,
take
him
by
the
Arms
,
and
lead
him
to
the
Chair
)
where
being
set
,
they
return
to
their
Places
.
After
a
while
he
riseth
,
and
uncover'd
,
Elsyng
.
153
with
humble
Thanks
for
their
good
Opinion
of
him
,
promiseth
his
willing
Endeavours
to
do
them
Service
.
After
he
is
put
into
the
Chair
,
Co
12.115.4
.
Inst
8.
then
he
shall
pray
them
,
that
with
their
Favors
,
he
may
disable
himself
to
the
King
,
that
so
their
Expectations
may
not
be
deceived
.
See
Bohun
ut
Supra
.
Then
some
(
and
commonly
he
that
first
spake
)
puts
them
in
mind
of
the
Day
to
present
him
,
&c.
Elsyng.
153.
Vid.
Town
.
175.
Sir
Simon
,
d'Ewes
Jour
.
passim
.
So
it
was
done
by
Sir
William
Knowls
the
Controller
in
the
43
Eliz.
And
the
next
Day
,
Co.
12.115
.
Rush
.
Coll.
480.
Smyth's
Common-wealth
80.
or
2
or
3
Days
after
the
Commons
shall
present
the
Speaker
in
the
Upper
House
to
the
King
,
where
he
shall
disable
himself
again
to
the
King
,
and
in
most
humble
manner
shall
intreat
the
King
to
command
them
to
choose
a
more
sufficient
Man
.
Vide
ante
265.
aliter
.
At
the
Day
appointed
,
Elsyng
.
156
Vid.
Towns
.
175.
his
Majesty
sitting
on
his
Royal
Throne
,
and
the
Lords
all
in
their
Robes
,
the
Commons
are
called
in
,
who
being
come
,
the
Speaker
is
brought
between
two
of
them
,
with
low
Obeysance
to
the
Bar
,
and
so
presented
at
the
Bar
to
his
Majesty
.
The
Speaker
having
made
his
Excuse
,
the
Lord
Chancellor
confers
with
the
King
,
and
then
telleth
him
,
That
his
Majesty
doth
approve
the
Commons
Choice
,
and
will
not
allow
of
his
Excuse
.
Then
the
Speaker
proceeds
to
his
Speech
.
But
anciently
he
made
first
a
Protestation
;
as
you
may
read
in
Elsyng
.
159
,
160.
After
he
is
allowed
by
the
King
,
Co.
12.115
.
Vide
Rush
.
Coll.
117.
Vi.
Smyths
Common-wealth
80.
Elsyng
.
164
then
he
shall
make
an
Oration
,
and
in
the
Conclusion
,
shall
pray
the
four
usual
Petitions
.
The
Speaker's
Speech
is
what
it
pleaseth
himself
(
having
no
Direction
at
all
from
the
Commons
touching
the
same
)
making
Petition
to
the
King
on
behalf
of
the
Commons
,
some
in
general
Words
for
all
their
ancient
Priviledges
,
and
some
in
particular
.
The
Protestation
of
the
Speaker
consists
of
three
Parts
.
4
Inst.
8.
Vi.
Towns
.
Coll.
4.
&
54
Rush
.
Coll.
424.
First
,
That
the
Commons
in
this
Parliament
may
have
free
Speech
,
Vide
Elsyng
.
164.
as
by
Right
and
of
Custom
they
have
used
,
and
all
their
ancient
and
just
Priviledges
and
Liberties
allow'd
to
them
.
Secondly
,
That
in
any
Thing
he
shall
deliver
in
the
Name
of
the
Commons
(
if
he
shall
commit
any
Error
)
no
Fault
may
be
arrected
to
the
Commons
,
and
that
he
may
resort
again
to
the
Commons
for
declaration
of
their
true
Intent
,
and
that
his
Error
may
be
pardoned
.
Thirdly
,
That
as
often
as
necessity
for
his
Majesties
Service
,
and
the
Good
of
the
Commonwealth
shall
require
,
he
may
by
Direction
of
the
House
of
Commons
,
have
Access
to
his
Royal
Person
.
Some
add
a
Fourth
,
Modus
tenend
Parl.
35.
That
they
may
have
Power
to
Correct
any
of
their
own
Members
that
are
Offenders
.
And
some
make
a
Fifth
,
Id
62.
That
the
Members
,
their
Servants
,
Chattels
,
and
Goods
necessary
,
may
be
free
from
all
Arrests
.
Tho'
the
Speaker
does
(
upon
his
being
approv'd
of
by
the
King
)
make
it
his
humble
Petition
to
have
Liberty
of
Speech
allow'd
the
Commons
;
Sir
R.
Atkin's
Argument
,
&c.
33.
from
whence
Dr.
Heylin
and
Sir
Robert
Filmer
,
and
others
infer
,
That
the
Commons
injoy
that
Liberty
by
the
King's
Grace
and
Favour
:
yet
they
are
clearly
answered
by
the
words
that
accompany
that
humble
Petition
,
he
prays
,
That
they
may
be
allowed
that
Freedom
,
as
of
Right
and
Custom
they
have
used
,
and
all
their
ancient
,
and
just
Priviledges
,
and
Liberties
.
So
that
this
from
the
Speaker
is
a
Petition
of
Right
.
The
Speaker
having
ended
his
Oration
,
Eisyng
.
165
the
Lord
Chancellor
confers
again
with
the
King
,
and
makes
Answer
thereunto
in
his
Majesties
Name
,
granting
his
Requests
,
&c.
That
humble
and
modest
way
of
the
Peoples
addressing
to
their
Sovereign
,
Sir
R.
Atkin's
Argument
33.
either
for
the
making
Laws
,
which
has
been
very
ancient
,
or
for
granting
Priviledges
(
by
the
Speaker
of
the
Commons
)
shews
great
Reverence
,
and
becomes
the
Majesty
of
the
Prince
so
to
be
addressed
to
:
but
let
it
not
be
made
an
Argument
,
that
either
the
Laws
thereupon
made
,
or
the
Priviledges
so
allow'd
,
are
precarious
,
and
merely
of
Favour
,
or
may
be
refused
them
(
of
Right
.
)
The
Oration
being
answered
by
the
Lord
Chancellor
,
Co.
12
115.
4
Inst.
10.
and
his
Petitions
allow'd
,
the
Speaker
and
the
Commons
shall
depart
to
the
House
of
Commons
,
where
the
Speaker
in
the
Chair
shall
request
the
Commons
,
That
inasmuch
as
they
have
chosen
him
for
their
Mouth
,
they
would
assist
him
,
and
favourably
accept
his
Proceedings
,
which
do
proceed
out
of
unfeign'd
and
sincere
Heart
to
do
them
service
.
The
first
Business
in
the
House
is
ordinarily
to
read
a
Bill
that
was
not
pass'd
in
the
last
Parliament
preceeding
,
or
some
new
Bill
,
as
in
that
of
10
Jac.
1.
Scobel
5.
Vide
Sir
Sir
Simon
d'Ewes
Jour
.
43
,
44.
But
on
that
Day
,
before
that
was
done
,
there
was
a
Motion
made
for
Priviledge
of
Sir
Thomas
Shirley
,
who
was
chosen
a
Member
to
serve
in
that
Parliament
,
but
detained
by
an
Arrest
.
Upon
which
a
Habeas
Corpus
was
awarded
;
and
the
Serjeant
that
Arrested
him
,
and
his
Yeoman
sent
for
,
and
a
Committee
for
Elections
and
Priviledges
chosen
.
See
the
Form
and
Manner
of
Electing
Paul
Foley
,
Esq
to
be
Speaker
,
Bohun's
Collection
of
Debates
p.
350
to
354
after
the
Censure
of
Sir
John
Trevor
,
for
a
High
Crime
and
Misdemeanor
,
in
receiving
a
Gratuity
(
or
Bribe
)
of
1000
Guineas
of
the
City
of
London
,
on
passing
the
Orphans
Bill
.
CHAP.
XIV
.
Business
of
the
Speaker
.
THE
Mace
is
not
carried
before
the
Speaker
,
Eisyng
.
153
until
his
Return
,
being
presented
to
the
King
,
and
allow'd
of
.
The
speaker
sits
in
a
Chair
placed
somewhat
high
,
Modus
tenend.
Parl.
36.
Smith's
Common-wealth
,
84.
to
be
seen
and
heard
the
better
of
all
;
the
Clerks
of
the
House
sit
before
him
in
a
lower
Seat
,
who
read
Bills
,
Petitions
,
&c.
The
Speaker's
Office
is
,
when
a
Bill
is
read
,
Modus
tenend.
Parl.
37.
Smith's
Common-wealth
,
86.
Hakewel
138
,
139.
Sir
Simon
d'Ewes
Jour
.
43.44
.
as
briefly
as
he
may
,
to
declare
the
Effects
thereof
to
the
House
.
That
Day
that
the
Speaker
,
being
approved
by
the
King
,
cometh
down
into
the
Commons
House
to
take
his
Place
,
the
Custom
is
,
to
read
for
that
time
only
one
Bill
lest
unpast
the
last
Sessions
,
and
no
more
;
This
is
done
,
to
give
him
Seisin
,
were
,
as
it
of
his
Place
.
1
Jac.
1.
Scobel
19.
Sir
Edward
Philips
was
chosen
Speaker
,
and
the
same
Day
(
before
he
was
presented
to
the
King
)
he
signed
a
Warrant
as
Speaker
,
Note
.
by
Command
of
the
House
,
for
Election
of
another
Person
in
the
Place
of
Sir
Francis
Bacon
,
being
chosen
in
two
Places
.
A
general
Order
hath
usually
been
made
in
the
Beginning
of
the
Session
,
Id.
20.
to
authorize
the
Speaker
to
give
Warrants
for
new
Writs
in
Case
of
Death
of
any
Member
,
or
of
double
Returns
,
where
the
Party
makes
his
Choice
openly
in
the
House
during
that
Session
.
Where
such
general
Order
is
not
made
,
Ibid.
Writs
have
issued
by
Warrant
of
the
Speaker
,
by
Vertue
of
special
Order
,
upon
Motion
in
the
House
.
Oftentimes
on
the
first
Day
of
the
Meeting
of
the
House
,
Scobel
18.
as
soon
as
the
Meeting
of
the
House
,
as
soon
as
the
Speaker
hath
been
approv'd
,
and
sometime
before
,
such
Persons
as
have
been
doubly
return'd
,
have
made
their
Choice
.
43
Eliz.
Mr.
Johnson
said
,
Towns
.
191.192
.
The
Speaker
may
,
ex
Officio
,
send
a
Warrant
to
the
Clerk
of
the
Crown
,
who
is
to
certifie
the
Lord
Keeper
,
and
so
make
a
new
Warrant
.
The
Speaker
said
,
Ibid.
Sir
Simon
d'Ewes
Jour.
627.
Col.
2.
That
I
may
inform
you
of
the
Order
of
the
House
,
the
Warrant
must
go
from
the
Speaker
to
the
Clerk
of
the
Crown
,
who
is
to
inform
the
Lord
Keeper
,
and
then
to
make
a
new
Writ
.
This
Proposition
I
hold
,
Ibid.
Vide
Sir
S.
d'Ewes
Jour.
627.
Col.
2.
That
our
Speaker
is
to
be
commanded
by
none
,
neither
to
attend
any
,
but
the
Queen
,
per
Sir
Edward
Hobby
.
The
Warrant
is
to
be
directed
to
the
Clerk
of
the
Crown
in
Chancery
,
Scobel
20.
Vid.
Tow.
Col.
216.217
.
Vide
Sir
S.
d'Ewes
Jour
.
passim
.
Scobel
65.
Petyr
's
Mis●ell
.
Parl.
140.
by
Order
of
Parliament
13
Novemb.
1601.
May
1604.
Resolved
,
That
no
Speaker
from
henceforth
shall
deliver
a
Bill
,
of
which
the
House
is
possessed
,
to
any
whosoever
,
without
Leave
and
Allowance
of
the
House
,
but
a
Copy
only
.
It
is
no
Possession
of
a
Bill
,
except
the
same
be
delivered
to
the
Clerk
to
be
read
,
or
that
the
Speaker
read
the
Title
of
it
in
the
Chair
.
5
Car.
11.
1628.
R●b
.
Col.
66●
.
The
Speaker
being
moved
to
put
the
Question
then
proposed
by
the
House
,
he
refused
to
do
it
,
and
said
,
That
he
was
otherwise
commanded
from
the
King
.
2
Martij
,
The
Speaker
was
urged
to
put
the
Question
;
who
said
,
See
S●●dens
Lise
.
I
have
a
Command
from
the
King
to
adjourn
till
the
Tenth
of
March
,
and
to
put
no
Question
;
and
endeavouring
to
go
out
of
the
Chair
,
was
notwithstanding
held
by
some
Members
(
the
House
foreseeing
a
Dissolution
)
till
a
Protestation
was
publish'd
.
When
the
Queen
made
an
Answer
to
the
Speaker's
Speech
,
Towns
.
Col.
263.
Vide
Sir
S.
d'Ewes
Jour
.
6●●
.
Col.
1.2
.
Towns
.
Col.
61.
he
,
with
the
whole
House
,
sell
upon
their
Knees
,
and
so
continued
,
till
she
bid
them
stand
up
.
35
Eliz.
Mr.
Speaker
was
sent
for
to
the
Court
,
where
the
Queens
Majesty
her self
gave
him
Commandment
what
to
deliver
to
the
House
.
The
Speaker
was
commanded
upon
his
Allegiance
not
to
read
any
Bills
touching
Matters
of
State
or
Reformation
in
Causes
Ecclesiastical
.
Id.
63.
16
Car.
1.
1640.
Apr.
16.
Rush
.
Col.
1127.
The
Speaker
received
Command
from
the
King
,
That
His
Majesties
Speech
shou'd
be
entred
in
the
Journal
of
the
Commons
House
of
Parliament
:
Whereupon
the
House
passed
a
declarative
Vote
,
That
they
did
not
expect
that
this
shou'd
be
performed
by
other
Speakers
,
but
upon
the
like
special
Command
,
or
by
the
Order
of
the
House
.
Eodem
Die
,
Resolved
,
Id.
1137.
That
it
was
a
Breach
of
Priviledge
of
the
House
,
for
the
Speaker
not
to
obey
the
Commands
of
the
House
;
and
that
it
appeared
the
Speaker
did
adjourn
the
House
by
the
Command
of
the
King
,
without
the
Consent
of
the
House
,
which
is
also
a
Breach
of
the
Priviledge
;
it
was
therefore
ordered
,
that
this
should
be
presented
to
His
Majesty
.
1
Jac.
1.
1603.
Ordered
,
Scobel
65.
Petyt
's
Miscol
.
Parl.
140.
That
it
shou'd
be
precisely
registred
as
the
Judgment
of
the
House
,
that
no
Speaker
from
henceforth
shou'd
deliver
a
Bill
,
whereof
the
House
stands
possessed
,
to
any
whomsoever
,
without
Allowance
and
Leave
:
But
that
he
had
Power
,
and
might
either
shew
it
,
or
deliver
a
Copy
(
if
it
seems
meet
to
him
.
)
But
yet
it
was
admitted
,
Id.
142.
that
a
Copy
may
be
delivered
,
or
it
may
be
shewed
to
His
Majesty
.
If
upon
Division
of
the
House
,
Hakewel
145.
it
appear
that
the
Members
are
equal
;
the
Speaker
hath
always
the
casting
Voice
upon
all
Questions
.
44
Eliz.
upon
the
Question
,
Towns
.
321.322
.
Vide
Sir
S.
d'Ewes
Jour.
683.
Col.
2.
Whether
Mr.
Speaker
had
a
Voice
.
It
was
said
by
Sir
Walter
Raleigh
(
and
confirmed
by
the
Speaker
himself
)
That
the
Speaker
is
foreclosed
of
his
Voice
,
by
taking
of
that
Place
,
which
it
had
pleased
them
to
impose
upon
him
,
and
that
he
was
to
be
indifferent
to
both
Parties
.
He
was
seconded
by
Mr.
Secretary
Cecil
.
The
Speaker
hath
no
Voice
in
the
House
,
Arc.
Parl.
18.
Smyth's
Common-wealth
86.
Rush
.
Col.
3.
p.
v.
1.
p.
35.
nor
will
they
suffer
him
to
speak
in
any
Bill
,
to
move
,
or
disswade
it
.
It
was
resolved
by
Vote
in
the
last
Parliament
(
says
Mr.
Harbottle
Grimston
,
in
his
Speech
Nov.
9.
1640.
)
That
the
Speaker
refusing
to
put
the
Question
,
being
thereunto
requir'd
by
the
House
;
or
to
adjourn
the
House
upon
any
Command
whatsoever
,
without
the
Consent
and
Approbation
of
the
House
it self
;
were
Breaches
and
Violations
that
highly
impeached
our
Priviledges
.
Ordered
,
Id.
p.
42.
That
Mr.
Speaker
be
intreated
to
be
here
this
Afternoon
(
viz.
10
Nov.
1640.
to
sit
by
,
at
the
great
Committee
of
Irish
Affairs
;
and
if
there
be
Cause
,
to
resume
the
Chair
.
Nov.
20.
1640.
Id.
p.
53.
This
Day
the
House
ordered
the
Speaker
should
sit
in
the
Afternoon
.
Note
,
The
Speaker
is
said
to
be
not
only
the
Mouth
,
but
the
Eyes
and
Ears
of
the
House
.
And
hence
it
was
,
That
when
King
Charles
I.
commanded
the
Speaker
on
his
allegiance
to
discover
certain
Transactions
,
&c.
in
the
House
;
he
justly
reply'd
.
That
he
had
neither
Eyes
to
See
,
Ears
to
Hear
,
nor
Mouth
to
Speak
,
but
as
the
House
shall
direct
him
.
See
also
several
Letters
,
Messages
,
&c.
of
that
Prince
to
and
by
the
Speaker
to
the
House
in
Rapin's
History
,
Vol.
II
,
Numb.
57
,
&c.
CHAP.
XV.
Order
to
be
observed
in
the
House
.
THE
Litany
is
read
the
first
Thing
,
Towns
.
54.
after
the
Speaker
is
set
in
the
Chair
.
So
agreed
upon
the
Motion
of
Mr.
Speaker
13
Eliz.
1571.
When
the
Speaker
is
set
in
his
Chair
,
Scobel
.
6.
every
Member
is
to
sit
in
his
Place
,
with
his
Head
covered
.
No
Member
in
coming
into
the
House
,
Ibid.
or
in
removing
from
his
Place
,
is
to
pass
between
the
Speaker
,
and
the
Member
then
speaking
;
nor
may
cross
,
or
go
overthwart
the
House
,
or
pass
from
one
Side
to
the
other
while
the
House
is
sitting
.
23
Eliz.
1580.
Sir
Suron
a
〈◊〉
,
Jour
.
282.
Col.
2.
Upon
a
Motion
made
by
Sir
John
Croft
,
Comptroller
of
her
Majesty's
Houshold
,
and
allowed
of
by
the
whole
House
,
That
Mr.
Speaker
and
the
Residue
of
the
House
of
the
better
sort
of
Calling
,
do
alway
at
the
rising
of
the
Trouse
depart
,
and
come
forth
in
comely
and
civil
sort
,
for
the
Reverence
of
the
House
,
in
turning
about
with
a
low
Courtesie
,
as
they
make
at
their
coming
into
the
House
,
and
not
unseemly
to
thrust
,
and
throng
out
.
No
Member
is
to
come
into
the
House
with
his
Head
covered
,
Scobel
.
6.
nor
to
remove
from
one
Place
to
another
with
his
Hat
on
,
nor
is
to
put
on
his
Hat
in
coming
in
,
or
removing
,
until
he
be
set
down
in
his
Place
.
39
Eliz.
None
to
enter
the
House
with
his
Spurs
on
;
Town
.
101
,
181.
Vide
Sir
S.
d'Ewes
Jour.
550.
Col.
1.623
.
Col.
1.
Scobel
.
6.
Vide
Sir
S.
d'Ewes
Jour.
487.
Col.
1.
nor
until
he
pay
the
Serjeant's
Fees
.
While
the
House
is
sitting
,
no
Man
ought
to
speak
or
whisper
to
another
,
to
the
End
the
House
may
not
be
interrupted
,
when
any
are
speaking
;
but
every
one
is
to
attend
unto
what
is
spoken
;
in
which
Case
Penalties
have
been
imposed
.
When
any
Member
intends
to
speak
,
Ibid.
he
is
to
stand
up
in
his
Place
uncover'd
,
address
himself
to
the
Speaker
;
who
usually
calls
such
Person
by
his
Name
,
that
the
House
may
take
Notice
who
it
is
that
speaks
.
Mr.
Downold
going
about
to
speak
about
a
Bill
,
Town
.
Coll.
224.
the
Speaker
interrupted
him
,
and
arose
,
without
further
hearing
him
,
which
he
took
in
great
Disgrace
,
and
told
him
,
He
would
complain
of
him
the
next
Sitting
.
If
any
Man
in
this
House
speak
wisely
,
Town
,
Coll
252.
we
do
him
great
wrong
to
interrupt
him
:
if
foolishly
,
let
us
hear
him
out
,
we
shall
have
the
more
Cause
to
tax
him
,
per
Sccretary
Cecil
.
If
more
than
one
stand
up
at
once
,
Scobel
.
-
.
Vide
Sir
S.
d'Ewes
Jour.
434.
Col.
1
,
2.
the
Speaker
is
to
determine
who
was
first
up
;
and
he
is
to
speak
,
and
the
other
sit
down
,
unless
he
,
who
was
first
up
,
sit
down
again
,
and
give
way
to
the
other
;
or
that
some
other
Member
stand
up
,
and
acquaint
the
House
,
that
another
up
before
him
,
whom
the
Speaker
calls
,
and
the
House
adjudge
it
so
.
While
one
is
speaking
,
Ibid.
Vid.
Town
.
Coll.
205.
none
else
is
to
stand
up
,
or
interrupt
him
,
until
he
have
done
speaking
,
and
be
set
down
,
and
then
the
other
may
rise
up
and
speak
,
observing
the
Rules
.
21
Junij
1604.
Ibid.
It
was
agreed
for
an
Order
,
That
when
Mr.
Speaker
desires
to
speak
,
he
ought
to
be
heard
without
interruption
,
if
the
House
be
silent
,
and
not
in
Dispute
.
When
the
Speaker
stands
up
,
Ibid.
the
Member
standing
up
,
ought
to
sit
down
.
27
April
1604.
Scobel
.
8.
Agreed
for
a
Rule
,
That
if
any
Question
be
upon
a
Bill
,
the
Speaker
is
to
explain
;
but
not
to
sway
the
House
with
Arguments
or
Dispute
.
4
Junij
1604.
Scobel
.
8.
Vide
Sir
S.
d'Ewes
Jour.
335.
Col.
1.640
.
Col
2.
Agreed
for
an
Order
,
That
whosoever
hisseth
,
or
disturbeth
any
Man
in
his
Speech
,
by
coughing
,
spitting
,
&c.
shall
answer
it
at
the
Bar.
7
Maij
1607.
Ordered
upon
the
Question
,
Ibid.
That
in
going
forth
,
no
Man
shall
stir
,
until
Mr.
Speaker
do
arise
and
go
before
,
and
then
all
the
rest
to
follow
after
him
.
He
,
who
first
stands
up
to
speak
,
Co.
12.116
.
Smith's
Common-wealth
84.
he
shall
shall
first
speak
,
without
any
Difference
of
Persons
.
If
in
Debate
Words
be
let
fall
,
that
give
Offence
,
Exceptions
should
be
taken
the
same
Day
,
and
before
such
Member
go
out
of
the
House
:
or
he
,
who
is
offended
,
may
move
,
that
such
Person
may
not
go
out
of
the
House
'till
he
hath
given
Satisfaction
in
what
was
by
him
spoken
.
And
in
such
Case
,
Scobel
.
81.
after
the
present
Debate
is
over
,
the
Words
must
be
repeated
by
the
Person
excepting
:
and
in
case
he
desire
,
or
the
House
command
him
,
he
is
to
explain
himself
,
standing
in
his
Place
;
which
if
he
resuse
to
do
,
or
the
House
be
not
satisfy'd
with
such
Explanation
,
then
he
is
to
withdraw
.
43
Eliz.
1601.
Towns
.
Coll
199.
Vide
Sir
S.
d'Ewes
Jour.
630.
Col.
2.
It
was
said
by
Secretary
Cecil
,
If
any
that
sit
next
the
Door
,
be
desirous
to
sit
next
the
Chair
,
to
give
his
Opinion
;
I
will
not
only
give
him
my
Place
,
but
thank
him
to
take
my
Charge
:
We
that
sit
here
,
take
your
Favours
out
of
Courtesie
,
not
out
of
Duty
.
Tho'
Freedom
of
Speech
and
Debates
be
an
undoubted
Priviledge
of
the
House
,
Scobel
.
72.
yet
whatsoever
is
spoken
in
the
House
,
is
subject
to
the
Censure
of
the
House
.
Febr.
19.
1592.
Towns
.
Coll.
Ibid.
35
Eliz.
After
the
Names
of
the
Knights
,
Citizens
and
Burgesses
were
read
and
declared
to
the
Clerk
of
the
Crown
,
and
entered
in
his
Book
,
they
entered
into
the
House
.
The
House
being
set
,
Vide
Sir
S.
d'Ewes
Jour
.
pas
.
the
Earl
of
Derby
,
High-Steward
for
this
Parliament
,
came
into
the
House
to
take
their
Oaths
.
All
being
removed
into
the
Court
of
Requests
,
the
Lord
High-Steward
sitting
at
the
Door
,
called
the
Knights
and
Burgesses
of
every
County
,
according
to
the
Letters
of
their
Names
in
the
Alphabet
.
Alphabetically
every
one
answered
,
as
he
was
call'd
,
and
having
answer'd
,
departed
thence
to
the
Parliament
House
Door
,
and
there
took
the
Oath
of
Supremacy
,
given
him
by
one
of
the
Queen's
Privy-Counsellors
.
The
Fee
for
entering
his
Name
into
the
Serjeant's
Book
is
Two
shillings
,
Town
.
Coll.
51.
the
Rewards
to
the
Door-Keepers
,
Three
shillings
and
Eight-pence
,
the
Fee
for
returning
the
Indenture
,
Two
shillings
.
Febr.
7.
1588.
Id.
15.
31
Eliz.
This
Day
the
House
was
call'd
over
,
and
all
those
that
did
then
sit
in
the
House
,
and
were
present
at
the
calling
of
the
same
,
did
thereupon
severally
answer
to
their
Names
,
and
departed
out
of
the
House
,
as
they
were
called
.
31
Eliz.
1588.
Sir
Simon
d'Ewes
Jour.
432.
Col.
2.
By
Consent
of
the
House
(
upon
the
Motion
of
Sir
Edward
Hobby
)
Admonition
was
given
given
by
Mr.
Speaker
,
That
Speeches
used
in
this
House
by
the
Members
of
the
same
,
be
not
any
of
them
made
or
used
as
Table
Talk
,
or
in
any
wise
delivered
in
Notes
of
writing
to
any
Person
or
Persons
whatsoever
,
not
being
Members
of
this
House
,
for
that
they
are
the
Common-Council
of
this
Realm
.
It
was
declared
in
the
House
in
10
Nov.
1640.
16
Car.
1.
Rush
.
Coll.
p.
3.
v.
1.
fol.
41.
that
at
the
naming
a
Committee
,
if
any
Man
rise
to
speak
about
the
same
,
the
Clerk
ought
not
to
write
down
any
more
Names
,
whilst
the
Member
standing
up
,
is
speaking
.
It
was
the
same
Day
declared
in
the
House
,
Id.
42.
that
when
a
Business
was
begun
and
in
debate
,
if
any
Man
rise
to
speak
to
a
new
Business
,
any
Member
may
,
but
Mr.
Speaker
ought
to
interrupt
him
.
Whosoever
shall
go
forth
of
the
House
in
consused
Manner
,
before
Mr.
Speaker
,
Id.
44.
shall
forfeit
10
s.
and
that
the
Reporters
ought
to
go
first
,
to
take
their
Places
at
Conferences
.
11
Nov.
1640.
Ordered
,
Id.
60.
that
when
any
Message
is
to
go
up
to
the
Lords
,
none
shall
go
out
of
the
House
before
the
Messenger
.
25
Nov.
1640.
Nov.
26.
Id.
61
That
neither
Book
nor
Glove
may
give
any
Man
Title
or
Interest
to
any
Place
,
if
they
themselves
be
not
here
at
Prayers
.
Ordered
,
Id.
83.
Dec.
4.
1640.
that
whosoever
does
not
take
his
Place
when
he
comes
into
the
House
,
or
removes
out
of
his
Place
to
the
Disturbance
of
the
House
,
shall
pay
12
d.
to
be
divided
between
the
Serjeant
and
the
Poor
:
and
whosoever
speaks
so
loud
in
the
House
,
when
any
Bill
or
other
Matter
is
reading
,
as
to
disturb
the
House
,
shall
pay
the
like
Forsciture
.
Dec.
4.
Id.
84.
1684.
Ordered
,
that
no
Bills
have
their
second
reading
,
but
between
nine
and
twelve
.
Dec.
10.
Id.
92.
Declared
for
a
constant
Rule
,
that
those
who
give
their
Votes
for
the
Preservation
of
the
Orders
of
the
House
,
should
stay
in
;
and
those
who
give
their
Votes
otherwise
,
to
the
introducing
of
any
new
Matter
,
or
any
Alteration
,
should
go
out
.
'T
is
a
Rule
of
Order
,
Id.
283.
that
there
ought
to
be
no
Heats
nor
Distempers
within
the
House
.
CHAP.
XVI
.
Other
Orders
of
the
House
.
2
Maij.
A
Member
speaking
,
Scobel
.
32.
and
his
1610.
Speech
,
seeming
impertinent
,
and
there
being
much
hissing
and
spitting
,
it
was
conceived
for
a
Rule
,
That
Mr.
Speaker
may
stay
impertinent
Speeches
.
18
Maij
1604.
It
was
Resolved
,
Ibid.
That
eight
ingrossed
Bills
should
be
read
the
next
Day
,
half
an
Hour
after
Eight
.
The
next
Day
about
that
Time
,
a
Member
entering
into
a
long
Discourse
,
De
mera
Fide
,
&
sola
Fide
,
&c.
was
interrupted
;
and
the
Question
offered
,
Whether
he
shou'd
go
on
,
in
respect
of
the
Order
.
But
it
was
agreed
for
a
Rule
,
That
if
any
Man
speak
not
to
the
Matter
in
Question
,
the
Speaker
is
to
moderate
.
April
1604.
Idem
31.
Vid.
Town-Coll
.
276.
He
that
digresseth
from
the
Matter
,
to
fall
upon
the
Person
,
ought
to
be
suppressed
by
the
Speaker
.
17
April
1604.
Ibid.
If
any
superfluous
Motion
or
tedious
Speech
be
offer'd
in
the
House
,
the
Party
is
to
be
directed
,
and
order'd
by
the
Speaker
.
No
reviling
or
nipping
Words
must
be
used
,
Smith's
Common-wealth
,
85
,
86.
for
then
all
the
House
will
cry
,
It
is
against
the
Order
.
And
if
any
speak
unreverently
or
seditiously
against
the
Prince
,
or
the
Privy-Council
,
I
have
seen
them
not
only
interrupted
,
but
it
hath
been
moved
after
in
the
House
,
and
they
have
sent
them
to
the
Tower
.
If
any
Man
speak
impertinently
,
Scobel
.
33.
or
beside
the
Question
in
Hand
,
it
stands
with
the
Orders
of
the
House
,
for
Mr.
Speaker
to
interrupt
him
,
and
to
know
the
Pleasure
of
the
House
,
Whether
they
will
further
hear
him
.
24
Jan.
23
Eliz.
Mr.
Carleton
endeavouring
to
speak
contrary
to
the
Sense
of
the
House
,
Id.
31.
Vide
Sir
S.
d'Ewes
Jour.
283.
was
interrupted
:
and
offering
to
speak
again
,
urging
it
was
for
the
Liberty
of
the
House
;
the
Speaker
and
the
House
did
stay
him
.
When
a
Motion
has
been
made
,
Id.
21.
the
same
may
not
be
put
to
the
Question
,
until
it
be
debated
,
or
at
least
seconded
by
one
or
more
Persons
standing
up
in
their
Places
:
and
then
the
same
may
be
put
to
the
Question
,
if
the
Question
be
call'd
for
by
the
House
,
or
their
general
Sense
be
known
;
which
the
Speaker
is
to
demand
,
unless
any
Member
stand
up
to
speak
.
Ibid.
When
a
Motion
has
been
made
(
and
seconded
)
that
Matter
must
receive
a
Determination
by
the
Question
,
or
be
laid
aside
by
the
general
Sense
of
the
House
,
before
another
be
entertain'd
.
28
June
1604.
A
Motion
being
made
,
Ibid.
another
interposed
a
Speech
tending
to
another
Business
:
but
it
was
answer'd
,
That
there
was
no
Precedent
for
that
Speech
to
be
used
,
before
the
other
Motion
,
which
was
made
before
,
had
received
an
Answer
,
and
an
End
.
And
the
House
accordingly
determine
the
first
Motion
in
the
first
Place
.
4
Dec.
1640.
Ordered
,
Scobel
.
22
That
till
the
Business
in
Agitation
be
ended
,
no
new
Motion
of
any
new
Matter
shall
be
made
without
leave
of
the
House
.
If
the
Matter
moved
do
receive
a
Debate
pro
&
contra
,
Ibid.
in
that
Debate
none
may
speak
more
than
once
to
the
Matter
:
and
after
some
Time
spent
in
that
Debate
,
the
Speaker
collecting
the
Sense
of
the
House
upon
the
Debate
,
is
to
reduce
the
same
into
a
Question
,
which
he
is
to
propound
,
to
the
End
the
House
in
their
Debate
afterward
may
be
kept
to
the
Matter
of
the
Question
,
if
the
same
be
approved
by
the
House
to
contain
the
Substance
of
the
former
Debate
.
After
such
Question
is
proprounded
,
Ibid.
any
Member
may
offer
his
Reasons
against
that
Question
in
whole
,
or
in
part
;
which
may
be
be
laid
aside
by
a
general
Consent
of
the
House
,
without
a
Question
put
.
But
without
such
general
Consent
,
Scobel
.
23
no
part
of
the
Question
propounded
may
be
laid
aside
,
or
omitted
:
and
tho'
the
general
Debates
run
against
it
,
yet
if
any
Member
before
the
Question
put
(
without
that
part
)
stand
up
,
and
desire
that
such
Words
or
Clause
may
stand
in
the
Question
,
before
the
main
Question
is
put
:
a
Question
is
to
be
put
,
Whether
those
Words
,
or
that
Clause
shall
stand
in
the
Question
.
The
like
Method
is
observed
when
any
other
Alteration
is
debated
upon
,
Ibid.
to
be
made
in
a
Question
propounded
:
but
upon
putting
a
Question
for
such
Addition
,
Alteration
,
or
Omission
,
any
Person
,
who
hath
formerly
spoken
to
the
Matter
of
the
Question
,
may
speak
again
,
to
shew
his
Reasons
for
,
or
against
such
Alteration
,
Addition
,
or
Omission
,
before
such
Question
be
put
.
When
the
Speaker
(
the
House
calling
for
a
Question
)
is
putting
the
same
,
Ibid.
any
Member
that
hath
not
spoken
before
to
the
Matter
,
may
stand
up
before
the
Negative
be
put
.
13
Junij
1604.
Ibid.
A
Bill
touching
a
Subsidie
of
Tunnage
and
Poundage
having
been
formerly
upon
a
third
Reading
recommitted
,
was
return'd
:
and
a
Proviso
being
tendered
for
Chester
,
which
was
twice
read
,
the
Question
was
put
for
Commitment
,
in
the
Affirmative
,
after
which
,
the
Negative
was
put
,
which
was
admitted
to
be
so
orderly
,
because
it
is
no
sull
Question
without
the
Negative
part
be
put
,
as
well
as
the
Affirmative
.
Every
Question
is
to
be
put
first
in
the
Affirmative
,
and
then
the
Negative
:
Id.
24.
to
which
Question
every
Member
ought
to
give
his
Vote
one
way
or
other
:
and
the
Speaker
is
to
declare
his
Opinion
,
whether
the
Yea's
or
the
No's
have
it
;
which
is
to
stand
as
the
Judgment
of
the
House
.
But
if
any
Member
,
before
any
new
Motion
made
,
shall
stand
up
and
declare
,
that
he
doth
believe
that
the
Yea's
,
or
the
No's
(
as
the
Case
shall
be
)
have
it
,
contrary
to
the
Speaker's
Opinion
,
then
the
Speaker
is
to
give
Direction
for
the
House
to
divide
,
declaring
whether
the
Yea's
or
the
No's
are
to
go
forth
.
Upon
the
dividing
of
the
House
,
Id.
25.
those
are
to
go
forth
,
who
are
for
varying
from
,
or
against
the
constant
Orders
of
the
House
(
as
,
that
a
Question
shall
not
be
put
,
or
not
be
now
put
;
it
being
the
Course
of
the
House
,
that
after
a
Debate
the
same
shou'd
be
determin'd
by
a
Question
,
or
the
like
)
or
against
any
positive
Order
made
by
the
House
;
or
for
the
passing
any
new
Thing
,
and
for
reading
a
Petition
,
or
Bill
,
and
committing
,
ingrossing
,
or
passing
such
Bills
,
or
the
like
.
Those
that
are
for
the
new
Bill
(
if
there
be
a
Question
of
Voices
)
shall
go
out
of
the
House
;
Id.
52.
and
those
who
are
against
the
Bill
,
Co.
12.116
.
Sir
Simon
d'Ewes
Jour
.
505.
Col.
1.
Vid.
contra
Scobel
.
43.
and
for
the
common
Law
,
or
any
former
Law
,
shall
sit
still
in
the
House
,
for
they
are
in
Possession
of
the
old
Law
.
Yet
in
1604.
those
for
the
Bill
sate
,
and
those
against
it
went
out
.
So
7
Aug.
1641.
10
Dec.
1640.
Memorials
in
Hakewel
,
25.
Vide
Sir
S.
d'Ewes
Jour.
505.
It
was
declared
for
a
constant
Rule
,
That
those
that
give
their
Votes
for
Preservation
of
the
Orders
of
the
House
shall
stay
in
;
and
those
who
give
their
Votes
otherwise
,
to
the
introducing
any
new
Matter
,
or
for
any
Alteration
,
shall
go
forth
.
24
Mart.
Memorials
ut
supra
.
21
Jac.
25.
The
House
being
divided
upon
a
Question
about
Election
of
Members
;
it
was
over-ruled
by
the
House
,
that
the
No's
should
go
forth
.
This
is
also
the
Course
upon
any
Question
to
agree
with
a
Report
in
Favour
of
the
Opinion
of
a
Committee
.
Ibid.
Upon
dividing
the
House
,
Id.
26.
the
Speaker
is
to
nominate
two
of
those
that
are
in
the
Affirmative
,
and
two
of
the
Negatives
,
to
count
the
House
;
which
four
(
each
of
them
having
a
Staff
in
his
Hand
)
are
to
count
the
number
of
the
Persons
who
remain
sitting
in
the
House
:
and
then
to
stand
within
the
Door
,
two
on
the
one
Side
,
and
two
on
the
other
,
and
to
count
the
Number
of
them
who
went
forth
,
as
they
come
in
.
While
the
House
is
thus
divided
,
Ibid.
or
dividing
,
no
Member
may
speak
,
nor
(
unless
it
be
to
go
forth
upon
the
Division
)
remove
out
of
his
Place
.
When
the
House
is
thus
told
,
Id
27.
those
two
of
the
Tellers
,
who
are
of
the
Number
of
those
who
have
the
major
Votes
,
standing
on
the
right
Hand
,
and
the
two
other
on
the
left
Hand
at
the
Bar
(
the
rest
being
all
set
in
their
Places
)
are
to
come
from
thence
up
to
the
Table
together
(
making
the
usual
Obeysance
to
the
House
three
Times
;
once
at
the
Bar
,
again
in
the
middle
of
the
House
,
and
again
when
they
are
come
to
the
Table
)
and
that
Person
who
stands
on
the
right
Hand
,
is
to
declare
to
the
Speaker
the
Number
of
the
Yea's
(
who
sat
,
or
went
out
,
as
the
Case
is
)
and
of
the
No's
:
and
then
with
like
Reverence
to
depart
into
their
Places
;
after
which
,
Mr.
Speaker
is
to
report
the
same
to
the
House
.
If
the
Affirmative
have
the
major
Votes
by
the
Judgment
of
the
Speaker
,
Ibid.
or
(
in
case
of
Division
)
upon
the
Division
;
the
Clerk
is
to
enter
the
Vote
,
Resolved
.
If
the
Negatives
,
then
he
is
to
enter
it
thus
—
The
Question
being
put
(
setting
down
the
Words
of
the
Question
)
it
pass'd
in
the
Negative
.
Upon
the
Division
,
Ibid.
if
the
Members
appear
to
be
equal
,
then
the
Speaker
is
to
declare
his
Vote
,
whether
he
be
a
Yea
,
or
a
No
,
which
in
this
Case
is
the
casting
Voice
:
but
in
other
Cases
the
Speaker
gives
no
Vote
.
1
Maij
1606.
Ibid.
Upon
a
Question
,
whether
a
Man
saying
Yea
,
may
afterward
sit
and
change
his
Opinion
,
a
Precedent
was
remembered
by
the
Speaker
,
of
Mr.
Morris
,
Attorncy
of
the
Wards
,
in
39
Eliz.
that
in
like
case
changed
his
Opinion
.
If
upon
a
Debate
it
be
much
controverted
,
Id.
28.
and
much
be
said
against
the
Question
;
any
Member
may
move
,
that
the
Question
may
be
first
made
,
whether
that
Question
shall
be
put
,
or
whether
it
shall
be
now
put
;
which
usually
is
admitted
at
the
Instance
of
any
Member
,
especially
if
it
be
seconded
,
and
insisted
on
:
and
if
that
Question
being
put
,
it
pass
in
the
Affirmative
;
then
the
main
Question
is
to
be
put
immediately
,
and
no
Man
may
speak
any
thing
further
to
it
,
either
to
add
,
or
alter
.
But
before
the
Question
(
whether
the
Question
shall
be
put
)
any
Person
,
who
hath
not
formerly
spoken
to
the
main
Question
,
hath
liberty
to
speak
for
it
,
or
against
it
;
because
else
he
shall
be
precluded
from
speaking
at
all
to
it
.
If
in
a
Debate
there
arise
more
Questions
than
one
,
and
it
be
controverted
,
Ibid.
which
Question
should
be
first
put
;
the
Question
first
moved
and
seconded
is
regularly
to
be
first
put
,
unless
it
be
laid
aside
by
general
Consent
.
If
the
first
Question
be
insisted
on
to
be
put
,
and
the
major
Part
seem
to
be
against
it
,
the
Question
is
to
be
,
whether
that
Question
shall
be
now
put
:
if
that
pass
in
the
Negative
,
then
the
other
Question
may
be
put
,
if
desired
:
nevertheless
any
Person
may
speak
to
it
again
,
before
it
be
put
.
If
in
the
Affirmative
,
then
it
is
to
be
put
without
any
Addition
or
Alteration
,
as
before
:
and
after
the
Question
is
put
,
if
any
Member
move
to
have
the
other
Question
put
,
every
one
hath
leave
to
speak
to
it
again
,
as
if
it
were
a
new
Question
.
If
a
Matter
be
received
into
Debate
,
Id.
29
and
a
Question
grow
,
whether
the
House
shall
proceed
in
that
Debate
at
this
time
,
and
it
fall
out
,
that
the
House
be
divided
;
in
such
Case
the
No's
are
to
go
forth
(
it
being
contrary
to
the
Course
of
the
House
,
that
any
Business
shou'd
be
laid
aside
'till
it
be
determined
by
a
Question
)
if
the
Question
be
for
an
Adjournment
of
a
Debate
the
Yea's
are
to
go
forth
upon
the
same
Reason
.
After
a
Question
is
propounded
,
Ibid.
no
Man
may
speak
more
than
once
to
the
Matter
;
but
having
spoken
to
the
Matter
,
when
the
Question
comes
to
be
put
,
he
may
speak
to
the
Manner
or
Words
of
the
Question
,
keeping
himself
to
that
only
,
and
not
ravelling
into
the
Merits
of
it
.
If
a
Question
upon
a
Debate
contain
more
Parts
than
one
,
Ibid
and
the
Members
seem
to
be
for
one
Part
,
and
not
for
the
other
;
it
may
be
moved
,
that
the
same
may
be
divided
into
two
,
or
more
Questions
:
as
Dec.
2.
1640
,
the
Debate
about
the
Election
of
two
Knights
was
divided
into
two
Questions
.
No
Member
in
his
Discourse
in
the
House
may
mention
the
Name
of
any
other
Member
then
present
,
Id.
30.
Vide
Smyth's
Common-wealth
85.
but
to
describe
him
by
his
Title
or
Addition
(
as
that
Noble
Lord
,
that
worthy
Knight
;
or
by
his
Office
,
as
Judge
,
Serjeant
,
Gentleman
of
the
long
or
short
Robe
;
or
by
his
Place
,
as
the
Gentleman
near
the
Chair
,
near
the
Bar
,
or
on
the
other
side
;
or
that
Gentleman
that
spake
last
,
or
last
save
one
,
or
the
like
.
)
During
any
Debate
any
Member
,
Memorials
ut
supr.
30.
tho'
he
have
spoken
to
the
Matter
,
may
rise
up
,
and
speak
to
the
Orders
of
the
House
,
if
they
be
transgressed
,
in
Case
the
Speaker
do
not
:
but
if
the
Speaker
stand
up
,
he
is
first
to
be
heard
,
and
when
he
stands
up
,
the
other
must
sit
down
,
'till
the
Speaker
sit
down
.
But
if
any
Person
rise
up
to
speak
to
the
Orders
of
the
House
in
the
midst
of
a
Debate
,
Ibid.
&
31.
he
must
keep
within
that
Line
,
and
not
fall
into
the
Matter
itself
:
if
he
do
,
he
may
be
taken
down
by
the
Speaker
,
or
any
other
Member
,
calling
to
the
Orders
of
the
House
.
While
a
Member
is
speaking
to
a
Debate
or
Question
,
he
is
to
be
heard
out
,
Id.
31.
Vid.
Town
.
Coll.
205.
and
not
taken
down
,
unless
by
Mr.
Speaker
(
as
in
some
Cases
he
may
)
or
that
he
speak
of
such
Matter
as
the
House
doth
not
think
fit
to
admit
.
A
Matter
upon
Debate
having
been
once
finally
determined
by
a
Question
,
Memorials
in
Hakeavel
,
33.
ought
not
to
be
again
brought
into
Dispute
.
27
Martij
1604.
Ibid.
Sir
Edward
Coke
Attorney-General
,
and
Dr.
Hone
bring
a
Message
from
the
Lords
,
desiring
a
Conference
about
the
Case
of
Sir
Francis
Godwyn
.
Vide
this
Argument
at
large
in
the
Appendix
.
Upon
this
Message
it
was
argued
,
That
now
the
Judgment
having
pass'd
the
House
,
it
could
not
,
nor
ought
to
be
reversed
by
them
:
and
upon
the
Question
it
was
resolv'd
,
There
shou'd
be
no
Conference
.
2
Apr.
1604.
Ibid
A
Vote
having
passed
some
Days
past
,
That
no
Conference
shou'd
be
admitted
with
the
Lords
,
the
same
Question
was
again
moved
,
but
was
carried
in
the
Negative
.
And
it
was
then
urged
for
a
Rule
,
That
a
Question
having
been
once
made
,
and
carried
in
the
Affirmative
,
or
Negative
,
cannot
be
questioned
again
,
but
must
stand
as
the
Judgment
of
the
House
.
4
Junij
1604.
Id.
45
Agreed
for
a
Rule
,
If
two
stand
up
to
speak
to
a
Bill
,
He
who
first
stood
up
(
if
it
be
known
by
Demand
or
otherwise
)
is
to
be
first
heard
.
11
Nov.
1640.
Id.
69.
It
is
declared
,
as
a
constant
Order
of
the
House
,
That
if
a
Witness
be
brought
to
the
House
,
the
House
sitting
,
the
Bar
is
to
be
down
;
otherwise
,
if
the
House
be
in
a
Committee
.
In
a
Debate
about
an
Election
,
Id.
70.
it
was
Resolved
,
That
the
Party
concern'd
shall
be
heard
to
inform
the
House
,
and
then
he
is
to
go
forth
.
When
any
Complaint
is
made
against
a
Member
,
Id.
71.
or
Exceptions
taken
to
any
Thing
spoken
by
him
(
after
he
hath
been
heard
to
explain
himself
,
if
he
desire
,
or
the
House
command
it
,
which
is
usually
done
by
him
standing
in
his
Place
)
if
the
House
be
not
satisfied
,
but
sall
into
Debate
thereof
,
such
Member
is
to
withdraw
.
The
Members
of
the
lower
House
came
to
the
Lords
,
upon
a
Conference
,
Town
.
Coll.
311.
as
they
were
sitting
at
the
Table
,
and
going
to
the
upper
End
thereof
,
spake
.
When
any
Bills
or
Messages
are
brought
from
the
lower
House
to
be
presented
to
the
upper
House
,
the
Lord
Keeper
,
Towns
.
95.
Vide
Sir
S.
d'Ewes
Jour.
585.
and
the
rest
of
the
Lords
are
to
rise
from
their
Places
,
and
to
go
down
to
the
Bar
,
and
there
meet
such
as
come
from
the
lower
House
,
and
from
them
to
receive
in
that
Place
their
Messages
or
Bills
.
But
when
any
answer
is
to
be
deliver'd
by
the
Lord
Keeper
in
the
Name
and
behalf
of
the
upper
House
,
Ibid.
to
such
Knights
and
Burgesses
as
come
from
the
lower
House
,
the
said
Knights
and
Burgesses
are
to
receive
the
same
,
standing
toward
the
lower
End
of
the
House
;
and
the
Lord
Keeper
is
to
deliver
the
same
with
his
Head
covered
,
and
all
the
Lords
are
to
keep
their
Places
.
In
the
Answer
of
the
Commons
House
of
Parliament
to
King
James
his
Objection
in
Sir
Francis
Goodwyn's
Case
(
3
Apr.
1604.
)
Memorials
ut
supra
.
33
,
34.
the
Objection
being
,
That
they
refuse
Conference
with
the
Lords
.
The
Answer
is
in
these
Words
,
Concerning
our
refusing
Conference
with
the
Lords
;
there
was
none
desired
,
'till
after
our
Sentence
passed
:
and
then
we
thought
,
that
in
a
Matter
private
to
our
own
House
(
which
by
Rules
of
Order
might
be
by
us
revoked
)
we
might
without
any
Imputation
refuse
to
confer
.
Orders
and
Resolves
of
the
House
,
taken
out
of
the
third
Volume
of
Mr.
Rush
worth's
Collections
.
Part
1.
2
Apr.
1604.
Id.
71.
A
Rule
,
that
a
Question
being
once
made
,
and
carried
in
the
Affirmative
or
Negative
,
cannot
be
questioned
again
,
but
must
stand
as
a
Judgment
of
the
House
;
the
Case
of
Sir
Francis
Goodwyn
,
and
Sir
John
Fortescue
;
See
at
the
End
of
the
House
of
Commons
Proceedings
about
the
Aylesbur-men
.
9
Nov.
1640.
Id.
38.
Ordered
,
that
the
general
Order
for
those
that
are
double
returned
,
shall
not
bind
Mr.
—
now
extra
Regnum
.
10
Nov.
1640.
Id.
41.
Declared
in
the
House
,
that
at
the
naming
a
Committee
,
if
any
Man
rise
to
speak
about
the
same
,
the
Clerk
ought
not
to
write
down
any
more
Names
,
whilst
the
Member
standing
up
,
is
speaking
.
Ibid.
Id.
42.
Declared
,
that
when
a
Business
was
begun
and
in
Debate
,
if
any
Man
rise
to
speak
to
a
new
Business
,
any
Member
may
,
but
Mr.
Speaker
ought
to
interrupt
him
.
11
Nov.
1640.
Id.
44.
That
whosoever
shall
go
forth
of
the
House
to
a
Conference
in
a
confused
manner
,
before
Mr.
Speaker
,
shall
forfeit
10
s.
and
that
the
Reporters
ought
to
go
first
,
to
take
their
Places
at
Conferences
.
25
Nov.
1640.
Id.
60.
Ordered
,
that
when
any
Message
is
to
go
up
to
the
Lords
,
none
shall
go
out
of
the
House
before
the
Messenger
.
26
Nov.
1640.
Id.
61.
That
neither
Book
nor
Glove
may
give
any
Man
Title
or
Interest
to
any
Place
,
if
they
themselves
be
not
here
at
Prayers
.
28
Nov.
1640.
Id.
66.
Ordered
,
that
if
any
one
be
chosen
a
Member
of
this
House
,
and
his
Writ
not
yet
returned
,
he
may
notwithstanding
be
admitted
to
the
Sacrament
to
Morrow
,
delivering
a
Ticket
of
his
Name
,
and
the
place
for
which
he
serves
.
4
Dec.
1640.
Id.
83.
Ordered
,
that
whosoever
does
not
take
his
Place
when
he
comes
into
the
House
,
or
removes
out
of
his
Place
to
the
Disturbance
of
the
House
,
shall
pay
12
d.
to
be
divided
between
the
Serjeant
and
the
Poor
;
and
whosoever
speaks
so
loud
in
the
House
when
any
Bill
or
other
Matter
is
reading
,
as
to
disturb
the
House
,
shall
pay
the
like
Forfeiture
.
And
it
is
further
ordered
,
that
the
Business
then
in
Agitation
being
ended
,
no
new
Motion
of
any
new
Matters
shall
be
made
,
without
leave
of
the
House
.
5
Dec.
1640.
Id.
84.
Ordered
,
that
no
Bills
have
their
second
Reading
,
but
between
Nine
and
Twelve
.
10
Dec.
1640.
Id.
92.
Declared
for
a
constant
Rule
,
that
those
that
give
their
Votes
for
the
Preservation
of
the
Orders
of
the
House
,
shou'd
stay
in
;
and
those
that
give
their
Votes
otherwise
,
to
the
introducing
of
any
new
Matter
,
or
any
Alteration
,
should
go
out
.
8
Sept.
1641.
Id.
392.
See
how
far
an
Order
of
this
House
is
binding
.
In
March
1627.
Rush
.
Coll.
vol.
1.513
.
Resolved
,
that
is
the
ancient
and
undubitable
Right
of
every
Freeman
,
that
he
hath
a
full
and
absolute
Property
in
his
Goods
and
Estate
;
that
no
Tax
,
Tallage
,
Loan
,
Benevolences
,
or
other
like
Charge
ought
to
be
commanded
,
or
levied
by
the
King
,
or
any
of
his
Ministers
,
without
common
Consent
by
Act
of
Parliament
.
March
1627.
Id.
513.
Resolved
,
that
no
Freeman
ought
to
be
detained
,
or
kept
in
Prison
,
or
otherwise
restrained
by
the
Command
of
the
King
or
Privy-Council
,
or
any
other
,
unless
some
Cause
of
the
Commitment
,
Detainer
or
Restraint
be
expressed
,
for
which
by
Law
he
ought
to
be
committed
,
detained
,
or
restrained
.
Resolv'd
,
Id.
513.
that
the
Writ
of
HabeasCorpus
may
not
be
Detain'd
,
Deny'd
,
but
ought
to
be
granted
to
every
Man
that
is
committed
,
or
detained
in
Prison
,
or
otherwise
restrained
,
tho'
it
be
by
the
Command
of
the
King
,
the
Privy-Council
,
or
any
other
,
he
praying
the
same
.
Resolved
,
that
if
a
Freeman
be
committed
,
or
detained
in
Prison
,
or
otherwise
restrained
by
Command
of
the
King
,
the
Privy-Council
,
or
any
other
,
no
Cause
of
such
Commitment
,
Detainer
,
or
Restraint
being
expressed
,
for
which
by
Law
he
ought
to
be
committed
,
detained
,
or
restrained
,
and
the
same
be
returned
upon
a
Habeas
Corpus
,
granted
for
the
said
Party
,
then
he
ought
to
be
delivered
or
bailed
.
2
April
1628.
Resolved
,
Id.
523.
that
no
Freeman
ought
to
be
confined
by
any
Command
from
the
King
,
or
Privy-Council
,
or
any
other
,
unless
it
be
by
Act
of
Parliament
,
or
by
other
due
Course
,
or
Warrant
of
Law
.
King
James
I.
having
in
1621.
Rapin
Vol.
2.
No.
54.
p.
208.209
.
for
some
Words
spoken
by
him
in
the
House
,
it
occasioned
a
Remonstrance
of
the
Commons
to
the
King
,
(
therein
)
complaining
of
Breach
of
Privilege
,
and
asserting
their
Liberty
of
Speech
and
Debate
,
to
be
their
antient
and
undoubted
Right
and
Inheritance
,
receiv'd
from
their
Ancestors
,
&c.
This
they
sent
to
the
King
,
by
twelve
Members
,
at
the
Head
of
whom
,
they
(
affectedly
)
set
Sir
R.
Weston
,
a
Privy-Counsellor
,
one
whom
they
conceiv'd
had
incens'd
the
K.
against
them
,
who
were
receiv'd
very
roughly
,
and
their
Remonstrance
rejected
.
But
some
Days
after
,
the
K.
sends
'em
a
long
Answer
in
Writing
,
wherein
,
towards
the
Conclusion
,
he
objects
against
the
stiling
their
Privileges
,
Id.
p.
211.
their
antient
and
undoubted
Right
and
Inheritance
,
and
wishes
they
had
said
(
i.
e.
commands
'em
to
acknowledge
)
that
their
Privileges
were
derived
from
the
Grace
and
Permission
of
him
and
his
Ancestors
.
The
House
,
on
reading
this
Answer
,
plainly
perceiv'd
the
King's
Aims
,
The
Commons
Protestation
in
Vindication
of
their
Privileges
.
Ibid.
p.
211.
212.
&c.
and
knowing
the
Parl.
was
going
to
be
prorogued
or
dissolv'd
,
drew
up
a
Protestation
,
in
Order
to
vindicate
their
Privileges
,
viz.
The
Commons
now
assembled
in
Parl.
being
justly
occasion'd
thereunto
,
concerning
sundry
Liberties
,
Franchises
and
Privileges
of
Parliament
,
amongst
others
here
mentioned
,
do
make
this
Protestation
following
;
That
the
Liberties
,
Franchises
,
Privileges
and
Jurisdiction
of
Parliament
,
are
the
antient
and
undoubted
Birth-right
and
Inheritance
of
the
Subjects
of
England
;
and
that
the
arduous
and
urgent
Affairs
concerning
the
King
,
the
State
,
and
the
Defence
of
the
Realm
,
and
of
the
Church
of
England
,
and
the
Maintenance
and
making
of
Laws
,
and
Redress
of
Mischiefs
and
Grievances
which
happen
daily
within
this
Realm
,
are
proper
Subjects
and
Matter
of
Counsel
and
Debate
in
Parliament
:
And
that
in
the
handling
(
debating
)
and
proceeding
in
those
Businesses
,
every
Member
of
the
House
of
Parliament
hath
,
and
of
Right
ought
to
have
Freedom
of
Speech
to
propound
,
treat
,
reason
and
bring
to
Conclusion
the
same
;
and
that
the
Commons
in
Parliament
have
like
Liberty
and
Freedom
to
treat
of
these
Matters
in
such
Order
,
as
in
their
Judgment
shall
seem
fittest
;
See
of
the
Terms
Parliament
and
Prerogative
.
Id.
p.
213.
and
that
every
Member
of
the
said
House
hath
like
Freedom
from
all
Impeachment
,
Imprisonment
and
Molestation
(
other
than
by
Censure
of
the
House
it self
)
for
or
concerning
any
speaking
,
reasoning
or
declaring
of
any
Matter
or
Matters
touching
the
Parliament
or
Parliament-Business
;
and
that
if
any
of
the
Members
be
complained
of
and
questioned
for
any
Thing
said
or
done
in
Parliament
,
the
same
is
to
be
shewed
to
the
King
,
by
the
Advice
and
Assent
of
the
Commons
assembled
in
Parliament
,
before
the
King
give
Credence
to
any
private
Information
.
But
the
K.
being
inform'd
of
this
Protestation
,
call'd
a
Council
,
and
sending
for
the
Commons
Journal
,
(
in
Presence
of
the
Judges
,
&c.
)
with
his
own
Hands
tore
it
out
of
the
Journal
,
and
in
a
few
Days
after
dissolved
the
Parliament
;
but
this
did
not
deter
the
Commons
from
insisting
on
their
Claim
:
And
in
his
Son's
Reign
it
was
asserted
with
a
Witness
,
and
is
now
confirm'd
by
the
Claim
of
Right
,
and
other
Statutes
.
Mar.
12.
1700.
the
House
,
Journal
Dom.
Com.
on
a
Report
of
that
Part
of
the
K's
Speech
which
related
to
the
Hanover
Succession
,
agreed
with
the
Committee
in
these
Resolves
,
viz.
1.
That
all
Things
relating
to
the
well
governing
of
this
Kingdom
,
which
are
properly
cognizable
in
the
P.
Council
,
shall
be
transacted
there
;
and
all
Resolutions
taken
thereupon
,
shall
be
sign'd
by
the
P.
C.
2.
That
no
Person
whatsoever
that
is
not
a
Native
of
England
,
Scotland
or
Ireland
,
or
of
the
Dominions
thereunto
belonging
,
or
who
is
not
born
of
English
Parents
beyond
the
Seas
(
altho
such
Person
be
naturaliz'd
or
made
a
Denizen
)
shall
be
capable
to
be
of
the
P.
C.
or
a
Member
of
either
H.
of
P.
or
to
enjoy
any
Office
of
Place
or
Trust
either
Civil
or
Military
.
P.
Council
.
3.
That
no
such
Person
,
&c.
shall
be
capable
of
any
Grant
of
Lands
,
Tenements
or
Hereditaments
from
the
Crown
to
himself
or
any
other
in
Trust
for
him
.
4.
That
upon
the
further
Limitation
of
the
Crown
,
in
Case
the
same
shall
come
to
any
Person
not
being
a
Native
of
this
Kingdom
of
England
,
this
Nation
be
not
oblig'd
to
engage
in
any
War
for
the
Defence
of
any
Dominions
or
Territories
not
belonging
to
the
Crown
of
England
,
without
the
Consent
of
Parliament
.
5.
That
whoever
shall
hereafter
come
to
the
Possession
of
this
Crown
,
shall
join
in
Communion
with
the
Church
by
Law
establish'd
.
6.
That
no
Pardon
shall
be
pleaded
to
any
Impeachment
in
Parliament
.
7.
That
no
Person
who
shall
hereafter
come
to
the
Possession
of
this
Crown
,
shall
go
out
of
the
Dominions
of
England
,
Scotland
or
Ireland
,
without
Consent
of
Parl.
8.
That
no
Person
who
has
any
Office
under
the
King
,
Note
.
or
receives
a
Pension
from
the
Crown
,
shall
be
capable
of
serving
as
a
Member
of
the
House
of
Commons
.
With
divers
other
Resolves
,
for
better
securing
the
Rights
and
Liberties
of
the
People
,
on
which
the
Stat.
12.
and
13.
W.
3.
c.
2.
was
made
.
CHAP.
XVII
.
Passing
of
Bills
.
See
for
this
a
MS.
Discourse
penes
W.
Bohun
.
Journal
Dom.
Com.
ON
the
27th
of
July
1660
,
it
was
represented
to
King
Charles
the
Second
,
That
by
the
constant
Course
of
Parliament
,
they
have
used
to
receive
Acts
of
Grace
,
and
such
Bills
as
concern
the
Redress
of
Grievances
,
and
Confirmation
of
the
Subjects
Liberties
,
before
they
present
Bills
of
Aid
or
Supply
;
but
now
in
Confidence
of
His
Majesty
,
&c
,
they
tender
a
Money-Bill
,
&c.
i.
e.
before
a
Redress
of
Grievances
.
All
Bills
take
effect
and
work
from
the
Beginning
of
the
Parliament
or
Session
,
Hob.
111.33
.
H.
6.18
.
Bro.
tit
.
Parl.
86.
tit
.
Relation
.
35.
Plow
.
79.
Town
.
Col.
209.
except
it
be
otherwise
ordained
by
the
Act
itself
.
43
Eliz.
1601.
while
there
were
divers
Disputes
about
a
Bill
,
Mr.
Fleming
the
Queen's
Solicitor
,
took
the
Bill
to
look
a
Word
in
it
;
after
he
had
done
,
and
laid
it
on
the
Board
,
one
stood
up
and
said
,
Mr.
Speaker
,
after
a
Bill
is
ingrossed
,
you
ought
to
hold
it
in
your
Hand
,
and
let
no
Man
look
into
it
;
which
was
confessed
by
all
.
And
so
the
Speaker
took
it
.
When
a
Bill
is
read
,
Cook
22.115
.
the
Speaker
doth
open
the
Parts
of
the
Bill
;
so
that
each
Member
of
the
House
may
understand
the
Intention
of
each
Part
of
the
Bill
.
Such
Bills
,
Hakewel
134.
as
being
first
passed
in
one
House
,
are
sent
unto
the
other
,
are
always
sent
in
Parchment
fairly
ingrossed
.
Publick
Bills
are
in
due
Course
to
be
preferred
in
Reading
and
Passing
before
Private
:
And
of
Publick
,
Ibid.
Col.
12.116
.
such
as
concern
the
Service
of
God
,
and
Good
of
the
Church
.
Secondly
,
such
as
concern
the
Commonwealth
,
in
which
are
included
such
as
touch
the
Person
,
Revenue
or
Houshold
of
the
King
,
Queen
,
&c.
and
they
ought
especially
to
be
preferred
in
Passing
.
Lastly
,
Private
Bills
are
to
be
offer'd
to
be
read
,
and
passed
in
such
Order
as
they
were
preferred
.
Town
.
Col.
270.
And
they
that
carry
them
,
to
give
some
brief
Commendation
of
them
.
Any
Member
of
the
House
may
offer
a
Bill
for
Publick
Good
,
Scobel
40.
except
it
be
for
imposing
a
Tax
;
which
is
not
to
be
done
,
but
by
Order
of
the
House
first
had
.
If
any
Member
desire
,
Ibid.
that
an
Act
made
,
and
in
Force
,
may
be
repealed
or
altered
,
he
is
first
to
move
the
House
in
it
,
and
have
their
Resolution
,
before
any
Bill
to
that
Purpose
may
be
offer'd
;
and
if
upon
the
Reasons
shew'd
,
for
repealing
or
altering
such
Law
,
the
House
shall
think
it
fit
,
they
do
usually
appoint
one
or
more
of
the
Members
to
bring
in
a
Bill
for
that
Purpose
.
But
the
Speaker
is
not
precisely
bound
to
any
of
these
Rules
,
Hakewel
136.
for
the
preferring
of
Bills
to
be
read
or
passed
;
but
is
left
to
his
own
good
Discretion
(
except
he
be
specially
directed
by
the
House
to
the
contrary
)
and
tho
he
be
earnestly
pressed
by
the
House
for
the
reading
of
some
one
Bill
;
yet
if
he
have
not
had
convenient
Time
to
read
the
same
over
,
and
to
make
a
Breviat
thereof
for
his
own
Memory
;
the
Speaker
doth
claim
a
Priviledge
to
defer
the
Reading
thereof
to
some
other
Time
.
The
Clerk
being
usually
directed
by
the
Speaker
(
but
sometime
by
the
House
)
what
Bill
to
read
,
Hakewel
137.
with
a
loud
and
distinct
Voice
first
reads
the
Title
of
the
Bill
,
and
then
,
after
a
little
Pause
,
the
Bill
it self
;
which
done
,
kissing
his
Hand
,
he
delivereth
the
same
to
the
Speaker
;
who
standeth
up
uncover'd
(
whereas
otherwise
he
sitteth
with
his
Hat
on
)
and
holding
the
Bill
in
his
Hand
,
saith
,
The
Bill
is
thus
intituled
,
and
then
readeth
the
Title
;
which
done
,
he
openeth
to
the
House
the
Substance
of
the
Bill
,
which
he
doth
,
either
trusting
to
his
Memory
,
or
using
the
Help
,
or
altogether
the
Reading
of
his
Breviat
,
which
is
filed
to
the
Bill
.
Sometimes
reading
the
Bill
it self
,
Hakewel
137.
Vido
Scobel
42.
especially
upon
the
Passage
of
a
Bill
,
when
it
hath
been
much
alter'd
by
the
Commitees
,
so
that
thereby
it
differeth
very
much
from
the
Breviat
.
When
he
hath
open'd
the
Effect
of
the
Bill
,
he
declareth
to
the
House
,
Id.
138.
That
it
is
the
first
Reading
of
the
Bill
,
and
delivereth
the
same
again
to
the
Clerk
.
The
Bill
containing
the
King's
General
Pardon
hath
but
one
Reading
in
the
Lords
House
,
and
one
below
:
Id.
138.
Vid.
To●
.
Col.
29
,
44
,
126.
Vide
Sir
Simon
d'Ewes
Jour
.
91.
Col.
2.
The
Reason
is
,
because
the
Subject
must
take
it
as
the
King
will
give
it
,
without
any
Alteration
;
and
yet
many
times
Exceptions
are
taken
at
the
Reading
thereof
,
for
that
it
is
not
so
favourable
as
in
former
Times
.
The
like
of
a
Bill
of
Subsidies
granted
by
the
Clergy
.
Hakewel
Ibid.
The
usual
Course
is
to
spend
the
Morning
,
before
the
House
grow
full
,
Id.
139.
in
the
first
Readings
,
and
to
defer
the
second
or
third
Reading
till
the
House
grow
full
.
All
Men
of
Law
know
,
that
a
Bill
,
Town
.
Cal.
238.
which
is
only
expository
,
to
expound
the
Common
Law
,
doth
enact
nothing
,
neither
is
any
Proviso
good
therein
.
No
Knight
,
Col.
12.116
.
Citizen
or
Burgess
,
ought
to
speak
above
once
to
one
Bill
in
one
Day
,
unless
sometime
by
Way
of
Explication
.
At
the
first
Reading
of
the
Bill
,
Hakewel
139.
it
is
not
the
Course
for
any
Man
to
speak
to
it
,
but
rather
to
consider
of
it
,
and
to
take
Time
till
the
second
Reading
;
unless
it
carry
Matter
of
apparent
Hurt
to
the
Commonwealth
,
and
so
to
be
rejected
.
Nor
for
any
Addition
,
Ibid.
for
thereby
it
is
imply'd
,
That
the
Body
of
the
Bill
is
good
,
which
till
the
second
Reading
,
doth
not
regularly
come
to
the
Trial.
If
any
Bill
originally
begun
in
the
Commons
House
,
Id.
140.
Scobel
42.
upon
the
first
Reading
happen
to
be
debated
too
and
fro
,
and
that
upon
the
Debate
,
the
House
do
call
for
the
Question
;
it
ought
to
be
,
not
Whether
the
Bill
shall
be
read
the
second
Time
(
for
so
it
ought
to
be
in
ordinary
Course
)
but
whether
it
shall
be
rejected
.
If
a
Bill
coming
from
the
Lords
be
spoken
against
,
Hak.
Ibid.
and
pressed
to
be
put
to
the
Question
,
upon
the
first
Reading
;
the
Speaker
,
in
Favour
and
Respect
thereto
,
shou'd
not
make
the
Question
for
Rejection
(
as
in
the
former
Case
)
but
shou'd
first
make
the
Question
for
the
second
Reading
;
and
if
that
be
deny'd
,
then
for
Rejection
.
But
usually
when
any
such
Debate
is
,
the
Speaker
doth
forbear
to
make
any
Question
at
all
thereupon
,
except
he
be
much
pressed
thereto
,
it
being
better
to
consider
of
it
before
it
be
put
to
such
a
Hazard
.
If
the
Question
for
Rejection
be
made
,
Id.
141.
Scobel
42.
and
the
greater
Voice
be
to
have
it
rejected
,
the
Clerk
ought
to
note
it
rejected
in
his
Journal
,
and
so
to
indorse
it
on
the
Back
of
the
Bill
;
and
it
shall
be
no
more
read
:
If
the
Voice
be
to
have
the
Bill
retained
,
it
shall
have
his
second
Reading
in
Course
.
It
is
against
the
ordinary
Course
that
the
same
Bill
shou'd
be
read
more
than
once
in
one
Day
,
Ibid.
but
for
special
Reasons
it
hath
been
suffer'd
,
that
private
Bills
have
been
in
one
Day
read
twice
.
It
is
likewise
done
sometimes
,
Hakewell
142
when
the
House
lacketh
other
Businesses
wherein
to
employ
themselves
,
especially
if
the
Bill
be
of
no
great
Importance
,
howsoever
it
is
never
but
upon
Motion
and
special
Order
.
When
special
Committees
appointed
for
the
drawing
of
some
one
special
Bill
,
Ibid.
present
the
same
ready
drawn
to
the
House
,
it
hath
been
often
seen
,
that
the
same
Bill
hath
not
only
been
twice
read
,
but
order'd
also
to
be
engrossed
the
same
Day
.
It
is
not
without
Precedent
that
a
Bill
hath
been
thrice
Read
,
Ibid.
and
passed
in
the
same
Day
.
But
this
is
a
President
that
standeth
alone
.
Q.
the
D.
of
Monmouth's
Attainder
.
A
Bill
was
read
the
fourth
Time
,
Sir
Simon
d'Ewes
Jour
.
90.
Co.
1.
before
it
pass'd
the
House
,
and
tho
there
want
not
other
Presidents
,
yet
it
is
rare
and
worth
the
Observation
.
A
Bill
was
put
to
the
Question
,
Id.
335.
Col.
1.
upon
the
first
Reading
,
and
rejected
;
but
it
is
not
usual
for
a
Bill
to
be
put
to
the
Question
upon
the
first
Reading
.
27
Eliz.
1584.
Id.
337.
Col.
2.415
.
Col.
2.
A
Bill
was
committed
upon
the
third
Reading
,
having
been
formerly
committed
upon
the
second
;
which
is
not
usual
.
A
Bill
may
be
preferr'd
to
be
secondly
read
the
next
Day
after
the
first
Reading
;
Hakewel
143.
but
the
usual
Course
is
to
forbear
for
two
or
three
Days
,
that
Men
may
have
more
Time
to
consider
upon
it
,
except
the
Nature
of
the
Business
be
such
,
that
it
requireth
haste
.
After
the
Bill
is
secondly
read
,
Ibid.
the
Clerk
,
as
before
,
in
humble
Manner
delivereth
the
same
to
the
Speaker
;
who
again
readeth
the
Title
and
his
Breviat
,
as
he
did
upon
the
first
Reading
;
which
done
,
he
declareth
,
That
it
was
a
second
Reading
of
the
Bill
.
And
then
he
ought
to
pause
a
while
,
expecting
whether
any
of
the
House
will
speak
to
it
;
for
before
the
Speaker
hath
so
declared
the
State
of
the
Bill
,
no
Man
shou'd
offer
to
speak
to
it
;
and
then
,
and
not
before
,
is
the
Time
when
to
speak
.
If
after
a
pretty
distance
of
Time
,
Ibid.
no
Man
speak
against
the
Bill
for
matter
or
Form
,
he
may
make
the
Question
for
ingrossing
thereof
,
if
it
be
a
Bill
originally
exhibited
into
the
Commons
House
.
So
likewise
if
divers
speak
for
the
Bill
,
Id.
144.
without
taking
Exception
to
the
(
Matter
or
)
Form
thereof
,
he
may
make
the
same
Question
for
the
ingrossing
.
The
like
Question
for
the
ingrossing
ought
to
be
made
,
Ibid.
if
the
greater
Voice
be
,
That
the
Bill
should
not
be
committed
:
for
it
were
to
End
further
delay
in
the
proceeding
of
the
Bill
,
if
there
be
no
Exception
taken
to
the
matter
or
Form
thereof
:
but
upon
the
second
Reading
,
and
after
the
Speaker
hath
deliver'd
the
State
thereof
,
the
House
doth
usually
call
for
committing
of
the
Bill
;
and
then
if
any
Man
will
speak
against
it
,
either
for
Matter
or
Form
,
he
ought
to
be
heard
.
After
the
first
Man
hath
spoken
,
Id.
144.
the
Speaker
ought
to
rest
a
while
,
expecting
whether
any
other
Man
will
speak
thereto
:
so
ought
he
likewise
to
do
after
every
Speech
ended
:
when
he
perceiveth
that
the
Debate
is
at
an
End
,
he
ought
then
to
make
the
Question
for
the
committing
thereof
,
in
this
sort
:
As
many
as
are
of
Opinion
that
this
Bill
shall
be
committed
,
Id.
145.
say
Yea.
And
after
the
Affirmative
Voice
given
,
As
many
as
are
of
the
contrary
Opinion
,
say
No.
And
he
ought
by
his
Ear
to
judge
which
of
the
Voices
is
the
greatest
:
if
that
be
doubtful
,
the
House
ought
to
be
divided
.
If
upon
Division
of
the
House
it
appear
that
the
Numbers
are
equal
,
Ibid
the
Speaker
hath
the
casting
Voice
upon
all
Questions
.
If
it
appear
that
the
Affirmative
Voice
be
the
greater
,
Ibid.
then
ought
he
to
put
the
House
in
Mind
touching
the
naming
of
Committees
,
which
is
done
thus
.
Every
one
of
the
House
that
list
may
call
upon
the
Name
of
any
one
of
the
House
to
be
a
Committee
,
and
the
Clerk
ought
in
his
Journal
to
write
under
the
Title
of
the
Bill
the
Name
of
every
one
so
called
on
,
at
least
of
such
whose
Names
(
in
that
Confusion
)
he
can
distinctly
hear
;
and
this
he
ought
to
do
without
Partiality
,
either
to
those
that
name
,
or
to
the
Party
named
.
He
that
speaketh
directly
against
the
Body
of
the
Bill
,
Id
146.
Town
.
Coll.
208.
may
not
be
named
a
Committee
:
for
he
that
would
totally
destroy
,
will
not
amend
it
.
When
a
convenient
Number
of
Committees
are
named
,
Hak.
Ibid.
then
ought
the
Speaker
to
put
the
House
in
Mind
to
name
Time
and
Place
,
when
and
where
the
Committees
may
meet
;
which
the
Clerk
ought
likewise
to
enter
into
his
Journal-Book
:
and
when
the
House
is
in
silence
,
he
ought
with
a
loud
Voice
to
read
(
out
of
his
Book
)
the
Committees
Names
,
and
the
Time
and
Place
of
the
Commitment
,
that
the
Committees
may
take
Notice
thereof
.
After
a
Bill
,
Ibid.
which
is
sent
from
the
Lords
,
is
twice
read
,
the
Question
ought
to
be
for
the
Commitment
:
if
it
be
deny'd
to
be
committed
,
it
ought
to
be
read
the
third
time
,
and
the
next
Question
ought
to
be
for
the
Passage
,
and
not
for
the
Ingrossing
(
as
it
is
where
the
Bill
originally
begins
in
the
lower
House
)
for
Bills
,
which
come
from
the
Lords
come
always
engrossed
.
The
Question
for
the
Passage
shou'd
in
ordinary
Course
be
then
made
,
Hakewel
147.
when
the
Bill
is
deny'd
to
be
committed
;
but
not
till
the
Bill
be
read
the
third
Time
.
In
the
debating
of
Bills
in
the
House
,
Co.
12.116
no
Man
may
speak
twice
in
one
Day
(
unless
sometime
by
way
of
Explication
)
except
the
Bill
be
oftner
read
than
once
;
and
then
a
Man
may
speak
as
often
as
the
Bill
is
read
.
Hak.
148.
Otherwise
it
is
at
Committees
,
or
when
in
the
House
the
Debate
ariseth
upon
some
Motion
concerning
the
Order
of
the
House
.
After
the
Debate
is
ended
,
Id.
250.
the
Speaker
ought
to
put
the
Question
for
Ingrossing
.
If
the
greater
Number
of
Voices
be
,
Ibid.
that
the
Bill
ought
not
to
be
ingrossed
,
the
Clerk
ought
to
make
an
Entry
in
his
Journal
,
that
the
same
was
dash'd
:
and
so
he
ought
likewise
to
note
upon
the
back
of
the
Bill
,
and
the
Day
when
,
If
the
Voice
be
to
have
it
ingrossed
,
it
is
the
Office
of
the
Clerk
to
do
it
.
It
is
always
to
be
observed
,
Ibid.
that
when
the
Bill
is
engrossed
,
the
Clerk
ought
to
endorse
the
Title
thereof
upon
the
back
of
the
Bill
,
and
not
within
the
Bill
in
any
Case
.
Ibid.
So
ought
likewise
such
Bills
as
come
from
the
Lords
to
have
Titles
endorsed
upon
the
back
of
the
Bill
,
and
not
within
.
After
a
Bill
hath
been
committed
,
Id.
151.
and
is
reported
,
it
ought
not
in
an
ordinary
Course
to
be
committed
,
but
either
to
be
dash'd
or
ingrossed
:
and
yet
when
the
Matter
is
of
Importance
,
it
is
sometimes
for
special
Reasons
suffer'd
;
but
then
usually
the
Re-commitment
is
to
the
same
Committee
.
About
two
or
three
Days
after
the
Bill
is
thus
order'd
to
be
engrossed
,
Id.
152.
and
is
accordingly
engrossed
,
it
is
offer'd
by
the
Speaker
to
be
read
a
third
Time
,
for
the
Passage
thereof
.
For
the
most
part
the
Speaker
putteth
not
any
one
Bill
to
the
Passage
by
itself
alone
,
Id.
153.
but
stayeth
till
there
be
divers
Bills
ready
engross'd
for
the
third
Reading
;
and
when
he
hath
a
convenient
Number
(
which
may
be
five
,
or
six
,
rather
less
than
more
)
then
he
giveth
Notice
to
the
House
,
That
he
purposeth
next
Day
to
offer
up
some
Bills
for
the
Passage
,
and
desireth
the
House
to
give
special
Attendance
for
that
purpose
;
and
then
the
Day
following
he
doth
accordingly
put
them
to
the
third
Reading
.
First
private
Bills
,
until
the
House
be
grown
to
some
fulness
;
and
then
he
offereth
to
be
read
the
publick
Bills
,
which
are
engrossed
.
It
hath
at
some
times
been
order'd
,
Ibid.
That
for
the
preventing
of
carrying
of
Bills
with
a
few
Voices
,
that
no
Bills
shou'd
be
put
to
the
Passage
until
Nine
of
the
Clock
,
at
which
time
the
House
is
commonly
full
,
or
shortly
after
.
When
the
Bill
is
read
the
third
Time
,
Id.
153
the
Clerk
delivereth
it
to
the
Speaker
,
who
reads
the
Title
thereof
,
and
openeth
the
Effect
of
the
Bill
,
and
telleth
them
,
That
the
Bill
hath
now
been
thrice
read
,
and
that
with
their
Favours
he
will
put
it
to
the
Question
for
the
passing
;
but
pawseth
a
while
,
that
Men
may
have
Liberty
to
speak
thereto
;
for
upon
the
third
Reading
the
Matter
is
debated
afresh
,
and
for
the
most
part
it
is
more
spoken
unto
this
Time
,
than
upon
any
of
the
former
Readings
.
When
the
Argument
is
ended
,
Id.
154.
the
Speaker
(
still
holding
the
Bill
in
his
Hand
)
maketh
a
Question
for
the
Passage
,
in
this
sort
:
As
many
as
are
of
Opinion
that
this
Bill
shou'd
pass
,
say
Yea
,
&c.
If
the
Voice
be
for
the
Passage
of
the
Bill
,
Ibid.
the
Clerk
ought
to
make
a
Remembrance
thereof
in
his
Journal
;
if
otherwise
,
then
his
Remembrance
must
be
accordingly
made
.
Breck
Abr.
f.
Edit.
119
n.
4.
Upon
the
Bill
thus
passed
(
if
it
be
originally
exhibited
in
the
House
of
Commons
)
the
Clerk
ought
to
write
within
the
Bill
on
the
top
toward
the
right
Hand
,
(
Soit
baille
aux
Seigneurs
.
)
Let
it
be
deliver'd
to
the
Lords
.
If
the
Bill
passed
be
originally
begun
in
the
Lords
House
,
Brook
119.4
.
then
ought
the
Clerk
to
write
underneath
the
Subscription
of
the
Lords
(
which
always
is
at
the
foot
of
the
Bill
)
A
cest
Bill
les
Commons
sont
assentus
.
i.
e.
To
this
Bill
the
Commons
have
assented
.
19
Dec.
1584.
Sir
Simon
d'Ewes
Jour.
344.
Col.
2.
27
Eliz.
The
House
of
Commons
taking
Exceptions
about
endorsing
of
Bills
in
the
upper
part
of
them
,
whereas
it
ought
to
be
done
at
the
neither
and
lower
part
;
the
Lords
did
very
respectfully
take
away
their
said
Grievance
,
by
the
alteration
of
the
Indorsinents
aforesaid
,
according
to
the
usual
and
ancient
Form
.
No
Bill
upon
the
third
Reading
,
Hak.
156.
for
the
Matter
or
Body
thereof
,
may
be
recommitted
:
but
for
some
particular
Clause
or
Proviso
,
it
hath
been
sometimes
suffered
;
but
it
is
to
be
observ'd
as
a
Thing
unusual
after
the
third
Reading
.
It
hath
been
much
doubted
,
Hakewel
157.
whether
when
a
Bill
is
in
Debate
for
the
Passage
,
it
ought
not
to
receive
the
Resolution
of
the
House
the
same
Day
wherein
it
is
first
offer'd
to
the
Passage
;
but
Precedents
are
,
where
the
Case
being
of
some
Importance
,
and
the
Debate
growing
long
,
the
Argument
hath
been
put
over
to
the
next
Day
:
In
which
Case
he
that
hath
already
spoken
to
the
Bill
the
first
Day
,
may
not
again
speak
the
Second
,
no
more
than
he
may
speak
twice
in
one
Day
,
where
the
Argument
is
not
deferred
to
another
Day
.
If
a
Bill
be
rejected
,
Id.
158.
the
same
Bill
may
not
be
offer'd
to
the
House
again
the
same
Session
;
but
if
it
be
alter'd
in
any
Point
material
,
both
in
the
Body
,
and
in
the
Title
,
it
may
be
receiv'd
the
second
Time
.
In
the
Time
of
the
Reading
of
a
Bill
,
Ibid.
the
House
should
not
be
interrupted
with
any
other
Business
;
and
yet
in
1.
Eliz.
the
House
adjourn'd
itself
till
the
next
Day
after
the
Bill
for
Sealing
Clothes
was
half
read
,
only
to
be
present
at
the
Conference
about
Religion
in
Westminster-Abby
.
Sometimes
the
House
conceiving
much
Offence
against
some
Bills
,
Ibid.
doth
not
only
order
them
to
be
rejected
,
but
to
be
torn
,
&c.
in
the
House
.
When
a
Bill
is
thrice
read
,
Id.
159.
and
pass'd
in
the
House
,
there
ought
to
be
no
further
Alteration
thereof
in
any
Point
.
When
the
Speaker
hath
in
his
Hands
a
convenient
Number
of
Bills
ready
passed
,
Id.
175.
as
five
or
six
,
or
therabouts
,
he
then
putteth
the
House
in
Mind
of
sending
them
up
to
the
Lords
,
and
desireth
the
House
to
appoint
Messengers
;
who
accordingly
do
appoint
some
one
principal
Member
of
the
House
for
that
Purpose
;
to
whom
the
Bills
are
delivered
in
such
Order
,
as
he
ought
to
present
them
to
the
Lords
;
which
is
done
by
Direction
of
the
Speaker
,
except
the
House
be
pleased
to
give
special
Direction
therein
.
The
Order
which
hath
usually
been
observed
in
ranking
them
,
is
,
First
,
Id.
176.
To
place
those
that
came
originally
from
the
Lords
.
Secondly
,
Those
that
being
sent
up
to
the
Lords
from
the
Commons
House
,
were
sent
back
to
be
amended
.
Thirdly
,
Publick
Bills
originally
coming
from
the
Commons
House
,
and
these
to
be
marshalled
according
to
their
Degrees
in
Consequence
.
Lastly
,
Are
to
be
placed
private
Bills
,
in
such
Order
as
the
Speaker
pleaseth
.
Many
Times
the
House
(
with
a
Purpose
especially
to
grace
some
one
Bill
)
sendeth
it
alone
,
Ibid.
with
a
special
Recommendation
thereof
:
The
Messenger
for
this
Purpose
is
usually
attended
by
thirty
or
forty
of
the
House
,
as
they
please
,
and
are
affected
to
the
Business
.
The
principal
Messenger
,
Id.
177.
who
delivers
the
Bills
to
the
Lords
,
coming
in
the
first
Rank
of
his
Company
to
the
Bar
of
the
Lords
House
with
three
Congies
,
telleth
the
Lords
,
That
the
Knights
,
Citizens
,
and
Burgesses
of
the
Commons
House
,
have
sent
unto
their
Lordships
certain
Bills
;
and
then
reading
the
Title
of
every
Bill
,
as
it
lieth
in
Order
,
he
so
delivereth
the
same
in
an
humble
Manner
to
the
Lord
Chancellor
;
who
of
Purpose
cometh
to
receive
them
.
Bills
sent
from
the
Lords
to
the
Commons
House
,
Ibid.
if
they
be
ordinary
Bills
,
are
sent
down
by
Serjants
at
Law
,
or
by
two
Doctors
of
the
Civil
Law
,
being
Masters
of
the
Chancery
,
and
Attendants
in
the
Vpper
House
,
accompanied
sometimes
with
the
Clerk
of
the
Crown
,
an
Attendant
there
.
Bills
of
greater
Moment
are
usually
sent
down
by
some
of
the
Judges
Assistants
there
,
Id.
178.
accompanied
with
some
of
the
Masters
of
the
Chancery
;
who
being
admitted
Entrance
,
do
come
up
close
to
the
Table
where
the
Clerk
sits
,
making
three
Congies
,
and
there
acquainting
the
Speaker
,
That
the
Lords
have
sent
unto
the
House
certain
Bills
,
doth
read
the
Titles
,
and
deliver
the
Bills
to
the
Speaker
;
and
so
departeth
,
with
three
Congies
.
When
they
are
out
of
the
House
,
the
Speaker
holds
the
Bills
in
his
Hands
,
and
acquaints
the
House
,
That
the
Lords
by
their
Messengers
have
sent
to
the
House
certain
Bills
;
and
then
reading
the
Title
of
every
Bill
,
delivereth
them
to
the
Clerk
to
be
safely
kept
,
and
to
be
read
,
when
they
shall
be
called
for
.
When
Bills
are
thus
passed
by
both
Houses
,
Id.
179.
upon
three
several
Readings
in
either
House
,
they
ought
,
for
their
last
Approbation
,
to
have
the
Royal
Assent
;
which
is
usually
deferred
till
the
last
Day
of
the
Session
.
The
Royal
Assent
is
given
in
this
sort
:
Id.
181.
Vid.
Towns
.
Coll.
12
,
49.
Vide
Sir
S.
d'Ewe's
Jour
.
467.
After
some
Solemnities
ended
,
the
Clerk
of
the
Crown
readeth
the
Title
of
the
Bills
in
such
Order
as
they
are
in
Consequence
:
After
the
Title
of
every
Bill
is
read
,
the
Clerk
of
the
Parliament
pronounceth
the
Royal
Assent
,
according
to
certain
Instructions
given
him
from
his
Majesty
in
that
Behalf
.
To
the
Subsidy
Bill
,
Towns
.
Coll.
49.
because
it
is
the
meer
Gift
of
the
Subject
,
the
Queen's
Consent
is
not
required
for
the
passing
of
it
,
but
as
it
is
implied
in
her
thankful
Acceptance
:
Nor
to
the
Bill
of
Pardon
;
because
it
is
originally
her
free
Gift
,
no
other
Circumstance
is
required
than
that
the
thankful
Acceptance
thereof
by
the
Lords
and
Commons
be
likewise
expressed
;
it
being
but
once
read
in
either
House
,
before
it
comes
at
last
to
be
thus
expedited
.
To
all
other
Bills
either
Private
or
Publick
,
the
Queen
's
express
Consent
,
though
in
different
Words
,
is
always
requisite
.
February
9.
Id.
127.
1597.
39.
Eliz.
Her
Majesty
gave
her
Royal
Assent
to
twenty
four
publick
Acts
,
and
nineteen
private
;
and
refused
forty
eight
,
which
had
passed
both
Houses
.
If
it
be
a
publick
Bill
,
Towns
.
13.
to
which
the
King
assenteth
,
the
Answer
is
,
Le
Roy
le
veult
;
in
English
,
The
King
wills
it
.
If
a
private
Bill
,
allowed
by
the
King
,
the
Answer
is
,
Soit
fait
come
il
est
desire
;
i.
e.
Be
it
done
as
is
desired
.
If
a
publick
Bill
,
which
the
King
forbears
to
allow
,
Le
Roy
se
avisera
;
i.
e.
The
King
will
consider
.
To
the
Subsidy
Bill
,
Id.
12.
Le
Roy
remercie
ses
loyaux
Subjets
,
accept
lour
Benevolence
,
&
ainsi
le
veult
;
i.
e.
The
King
thanks
his
loyal
Subjects
,
accepts
their
Benevolence
,
and
so
wills
it
.
To
the
General
Pardon
;
Towns
.
Col.
13.49
.
Sir
Simon
d'Ewe's
Jour
.
467.
Gol.
2.
The
Assent
is
thus
,
Les
Prelates
,
Seigneurs
,
&
Commons
encest
Parliament
assembles
an
nom
de
toutes
vous
autres
Subjets
remercient
tres
humblement
vostre
Majestie
,
&
prient
à
Dieu
que
il
vous
donne
en
sante
,
bon
vie
,
&
longue
;
The
Prelates
,
Lords
,
and
Commons
,
in
this
Parliament
assembled
,
in
the
Name
of
all
other
your
Subjects
,
do
most
humbly
thank
your
Majesty
,
and
do
pray
God
to
give
you
Health
,
and
a
good
and
long
Life
.
A
private
or
particular
Act
is
always
field
,
Sir
R.
Atkin's
Argument
,
57.
Arc.
Parl.
45.
but
never
enrolled
Every
Bill
that
passeth
the
Parliament
,
shall
have
Relation
to
the
first
Day
of
the
Parliament
,
though
it
come
in
at
the
End
of
the
Parliament
,
unless
a
Time
be
specially
appointed
by
the
Statute
when
it
shall
commence
.
If
a
Bill
be
admitted
to
be
read
,
Scobel
,
41.
it
is
to
be
presented
fairly
written
,
without
any
Razure
or
Interlineation
,
together
with
a
Breviat
of
the
Heads
of
the
Bill
;
and
unless
it
be
so
tendered
,
the
Speaker
may
refuse
it
.
Until
the
Bill
be
open'd
,
Id.
42.
no
Man
may
speak
to
it
.
An
Act
was
read
,
Towns
.
c.
187.
to
which
no
Man
offered
to
speak
.
Whereupon
Mr.
Speaker
stood
up
,
and
said
,
That
if
no
Man
speak
,
it
must
be
ingrossed
,
i.
e.
Silence
gives
Consent
.
It
is
the
usual
Rule
of
the
Law
,
Towns
.
Col.
134.
That
where
the
Numbers
of
the
Affirmative
and
Negative
are
equal
,
Semper
presumetur
pro
negante
,
The
Negatives
by
Custom
are
to
carry
it
;
i.
e.
That
the
former
Law
is
not
to
be
changed
.
When
Votes
are
digested
into
a
Bill
,
Scobel
,
45.
and
that
comes
to
be
read
,
or
passed
,
it
is
lawful
to
debate
or
argue
against
all
,
or
any
Part
thereof
,
to
alter
or
reject
it
:
Because
Votes
in
order
to
a
Bill
are
no
further
binding
,
but
that
the
Bill
is
to
be
presented
containing
those
Votes
;
and
because
the
Bill
gives
Occasion
of
a
more
large
Debate
,
before
it
can
pass
into
a
Law
,
every
Member
hath
Liberty
to
offer
his
Reasons
against
it
,
as
well
as
give
his
,
Vote
,
as
often
as
it
comes
to
a
Question
.
Ibid.
When
a
Bill
has
been
read
the
second
Time
,
and
opened
,
any
Member
may
move
to
have
it
amended
,
but
must
speak
but
once
to
it
;
and
therefore
must
take
all
his
Exceptions
to
it
,
and
every
Part
of
it
,
at
one
Time
;
for
in
the
Debate
of
a
Bill
no
Man
may
speak
but
once
the
same
Day
,
except
the
Bill
be
read
any
more
than
once
that
Day
,
and
then
he
may
speak
as
often
as
it
is
read
.
Id.
58.
23
Junii
,
1604.
It
was
agreed
for
a
Rule
,
If
a
Bill
be
continue
in
Speech
from
Day
to
Day
,
one
may
not
speak
twice
to
the
Matter
of
the
same
Bill
.
Note
.
His.
Refor
Vol.
I.
p.
144.
A
Bill
was
read
in
the
House
of
Lords
four
Times
.
Quere
,
if
in
one
Day
?
CHAP.
XVIII
.
Concerning
Committees
.
A
Committee
of
either
House
ought
not
by
Law
to
publish
their
own
Refults
,
Rush
.
Part.
3.
Vol.
2.
p.
74.
neither
are
their
Conclusions
of
any
Force
without
the
Confirmation
of
the
House
,
which
hath
the
same
Power
of
controuling
them
,
as
if
the
Matter
had
never
been
debated
.
Committees
are
such
as
either
the
Lords
in
the
Higher
House
,
Sir
Tho.
Smyth
's
Common-Wealth
,
75.
or
Commons
in
the
Lower
House
,
do
choose
to
frame
the
Laws
upon
such
Bills
as
are
agreed
upon
,
and
afterward
to
be
ratified
by
the
same
Houses
.
The
Proceeding
in
a
Committee
is
more
honourable
and
advantageous
to
the
King
and
the
House
;
Rush
.
Col.
557.
for
that
Way
leads
most
to
the
Truth
.
And
it
is
a
more
free
and
open
Way
;
where
every
Man
may
add
his
Reason
,
and
make
Answer
upon
the
hearing
of
other
Mens
Reasons
and
Arguments
.
For
Referring
a
Bill
to
Committees
,
Sir
Simon
d'Ewe
's
Jour
.
186.
it
is
chiefly
for
Amendment
or
Alteration
thereof
,
after
it
hath
been
penned
,
and
put
into
the
House
by
some
one
or
more
private
Men.
June
1641.
2
Nalson
319.
In
the
Afternoon
,
it
being
a
considerabe
Time
before
there
were
forty
Members
to
make
a
House
;
Ordered
,
That
so
soon
as
the
House
sits
,
and
that
the
Serjeant
comes
to
any
Committee
then
sitting
,
to
signify
to
them
that
the
House
is
sitting
,
that
the
Chair-Man
shall
immediately
come
away
to
attend
the
Service
of
the
House
.
35
Eliz.
1592.
Towns
.
Col.
61.
Sir
Simon
d'Ewe's
Jour
.
476.
Col.
1.
Id.
189.
It
was
held
to
be
against
the
Order
of
the
House
,
That
a
Bill
should
be
committed
before
it
was
read
.
43
Eliz.
1601.
By
Order
of
the
House
agreed
,
When
a
Bill
is
return'd
from
Commitment
,
the
Words
must
be
twice
read
,
which
are
amended
,
before
the
ingrossing
thereof
.
Eodem
tempore
.
Id.
190.
By
Order
of
the
House
it
was
agreed
upon
,
That
a
Committee
once
made
,
and
agreed
upon
,
there
shall
not
hereafter
be
more
Committees
joined
unto
them
for
the
same
Bill
;
but
for
any
other
there
may
.
Eodem
.
Id.
198.
Vid.
Sir
S.
d'Ewe's
Jour
.
630.
Col.
1.
Sir
Walter
Raleigh
speaking
at
a
Committee
,
Sir
Edward
Hobby
told
him
,
He
should
speak
standing
,
that
the
House
might
hear
him
.
To
which
Sir
Walter
Rawleigh
replyed
,
That
bing
a
Committee
,
he
might
speak
sitting
or
standing
.
Eodem
.
It
is
a
Rule
in
the
House
,
Id.
208.
Vid.
Sir
.
S.
d'Ewe's
Jour
.
634.
Col.
2.
That
they
,
who
have
given
their
Voice
against
the
Body
of
the
Bill
,
cannot
be
Committees
.
And
it
was
said
by
Mr.
Wiseman
,
That
by
committing
of
a
Bill
,
the
House
allowed
of
the
Body
thereof
,
though
they
disallow
of
some
Imperfections
in
the
same
;
and
therefore
committed
it
to
some
chosen
Men
in
Trust
,
to
reform
and
amend
any
Thing
therein
which
they
found
imperfect
.
And
it
is
presumed
,
that
he
who
will
give
his
No
to
the
committing
of
a
Bill
at
the
Commitment
,
will
be
wholly
against
the
Bill
;
and
therefore
the
House
allowing
of
this
Bill
to
be
committed
,
are
,
in
my
Opinion
,
to
disallow
any
that
will
be
against
the
Body
of
the
Bill
,
for
being
Committees
.
And
so
Resolved
upon
the
Question
.
Eodem
.
Resolved
upon
the
Question
,
Towns
.
208.
Sir
Simon
d'Ewe's
Jour
.
135.
Col.
1.
If
any
Committee
speak
against
a
Bill
at
the
Commitment
,
he
may
speak
again
at
the
Ingrosing
thereof
in
the
House
,
and
have
his
free
Voice
.
11
Nov.
1601.
Ordered
,
Memorials
,
60
,
61.
Vid.
Towns
.
Col.
That
any
Member
of
this
House
that
hath
been
,
or
shall
be
a
Committee
in
any
Bill
,
may
afterwards
speak
or
argue
negatively
to
any
such
Bill
,
without
Impeachment
or
Imputation
of
Breach
of
former
Order
.
Sometimes
the
House
upon
Debate
doth
pass
some
Votes
to
be
the
Heads
of
a
Bill
,
Scobel
,
44.
or
refer
it
to
a
Committee
of
the
whole
House
to
prepare
such
Heads
.
If
the
Exceptions
to
a
Bill
be
such
,
Id.
46.
that
it
may
not
be
amended
at
the
Table
,
then
the
Question
is
for
committing
the
Bill
:
But
no
Bill
is
to
be
committed
without
some
Exceptions
taken
to
it
.
In
the
House
of
Commons
,
Towns
.
Col.
138.
as
well
as
in
the
Vpper
House
,
after
any
Bill
is
committed
upon
the
second
Reading
,
it
may
be
delivered
indifferently
to
any
of
the
said
Committees
.
No
Proviso
or
Clauses
are
to
be
tendered
to
a
Bill
upon
the
second
Reading
;
Scobel
,
46.
because
if
it
be
committed
,
it
is
proper
to
offer
them
to
the
Committee
,
without
troubling
the
House
;
as
16
Jun.
1604.
it
was
moved
,
That
sundry
Proviso's
,
then
tendered
,
be
offered
to
the
Committee
.
If
the
Question
for
Commitment
pass
in
the
Negative
,
Ibid.
then
the
Question
is
to
be
put
for
the
Ingrossing
the
Bill
.
But
if
the
Question
for
Ingrossing
the
Bill
pass
in
the
Negative
,
then
the
Question
is
to
be
put
for
rejecting
the
Bill
.
If
the
Question
for
committing
the
Bill
pass
in
the
Affirmative
,
Id.
47.
then
a
Committee
is
to
be
named
:
Of
which
all
those
that
took
Exceptions
at
any
Particulars
in
the
Bill
(
but
not
those
who
spoke
against
the
whole
Bill
)
are
to
be
;
and
any
Member
that
pleases
,
may
name
one
apiece
,
but
not
more
,
to
be
of
that
Committee
.
10
Nov.
1604.
Declared
for
Rule
,
Ibid.
That
at
the
naming
of
a
Committee
,
if
any
Man
rise
to
speak
,
the
Clerk
ought
not
to
write
.
11
Nov.
1601.
Resolved
,
Ibid.
and
Ordered
upon
the
Question
,
That
such
Member
as
declares
himself
against
the
Body
or
Substance
of
any
Bill
,
upon
any
the
Readings
thereof
,
shall
not
hereafter
be
admitted
to
be
of
a
Committee
in
any
such
Bill
,
according
to
former
Order
used
in
Parliament
.
Committees
upon
Bills
have
not
usually
been
less
then
eight
,
Ibid.
sometimes
twenty
,
seldom
more
in
former
Times
,
which
engaged
them
to
attend
it
,
and
speed
it
.
12
April
,
1604.
Id.
48.
Upon
a
Motion
made
touching
the
slow
Proceedings
and
Dispatch
of
such
Bills
and
Businesses
as
were
depending
in
the
House
,
which
grew
,
as
was
said
,
by
the
Non-attendance
of
the
Committees
,
Ordered
,
That
if
eight
of
any
Committee
do
assemble
,
they
might
proceed
to
a
Resolution
in
any
Business
of
the
House
.
When
a
competent
Number
are
named
,
Ibid.
the
Speaker
useth
to
put
the
House
in
Mind
of
appointing
the
Time
and
Place
of
their
Meeting
;
at
which
Time
the
Committee
are
to
meet
,
especially
those
who
did
make
any
Exceptions
to
the
Bill
:
Eight
of
the
Persons
named
must
be
present
to
make
a
Committee
,
(
unless
ordered
otherwise
in
some
Cases
,
)
but
five
may
adjourn
.
In
some
Cases
the
House
hath
ordered
a
Committee
to
withdraw
into
the
Committee-Chamber
presently
,
Ibid.
and
to
prepare
and
bring
it
back
,
sitting
the
House
.
Any
Member
of
the
House
may
be
present
at
any
select
Committee
;
Id.
49.
but
is
not
to
give
his
Vote
unless
he
be
named
to
be
of
the
Committee
.
35
Eliz.
1592.
Two
or
three
stood
up
to
speak
,
Sir
Simon
d'Ewe's
Jour
.
493.
Col.
2.
striving
who
might
speak
first
.
It
was
made
a
Rule
,
That
the
Chair-Man
shall
ask
the
Parties
that
would
speak
,
on
which
Side
they
would
speak
,
whether
with
him
that
spake
next
before
,
or
against
him
;
and
the
Party
that
speaketh
against
the
last
Speaker
,
is
to
be
heard
first
.
The
Committee
are
first
to
read
the
Bill
,
Scobel
,
49.
and
then
to
consider
the
same
by
Parts
.
The
Preamble
,
Id.
50.
if
any
be
,
is
usually
considered
after
the
other
Parts
of
the
Bill
;
because
upon
Consideration
of
the
Body
of
the
Bill
,
such
Alterations
may
therein
be
made
,
as
may
also
occasion
the
Alteration
of
the
Preamble
;
which
will
be
best
done
last
.
The
Committee
may
not
raze
,
interline
,
Ibid.
or
blot
the
Bill
itself
;
but
must
in
a
Paper
by
itself
set
down
the
Amendments
in
this
Manner
,
(
in
such
a
Folio
,
and
such
a
Line
,
between
such
a
Word
and
such
a
Word
,
or
after
such
a
Word
,
insert
these
Words
,
or
omit
these
Words
.
)
When
the
Amendments
are
all
perfected
,
Ibid.
every
one
being
voted
singly
,
all
of
them
are
to
be
read
at
the
Committee
,
and
put
to
the
Question
,
Whether
the
same
shall
be
reported
to
the
House
.
When
the
Vote
is
to
be
put
,
any
Member
of
the
Committee
may
move
to
add
to
those
Amendments
,
or
to
amend
any
other
Part
of
the
Bill
.
4
Junii
,
1607.
Id.
52.
The
Bill
touching
the
Union
between
England
and
Scotland
having
been
committed
,
when
the
Amendments
were
reported
,
the
whole
Bill
was
by
Order
of
the
House
first
read
,
and
then
Amendments
by
themselves
.
Which
is
a
single
Precedent
used
only
in
a
Case
of
great
Weight
.
In
the
Journal
,
4
Junii
,
1607.
Ibid.
the
Entry
is
,
When
a
Vote
is
once
passed
at
a
Committee
,
the
same
may
not
be
altered
,
but
by
the
House
.
Every
Question
upon
the
Voices
of
the
Committee
bindeth
,
and
cannot
be
altered
by
themselves
.
And
thus
every
Thing
agreed
to
be
reported
ought
to
be
reported
.
If
the
Vote
of
the
Committee
pass
for
reporting
the
Amendments
to
the
House
,
Id.
51.
then
he
of
the
Members
of
the
Committee
(
which
is
commonly
the
Chair-Man
)
who
is
best
accquainted
with
the
Bill
,
is
to
be
appointed
to
make
the
Report
;
which
being
done
,
that
Committee
is
dissolved
,
and
can
act
no
more
without
a
new
Power
.
3
Martii
,
Ibid.
1606.
It
was
ordered
,
That
every
Committee
,
when
they
proceed
to
the
Amendment
of
any
Billcommitted
to
them
,
shall
also
amend
the
Breviat
annexed
,
and
make
it
agree
with
the
Bill
.
Reports
are
usually
to
be
received
daily
in
the
first
Place
,
Ibid.
after
the
House
is
full
;
except
there
be
Bills
ingrossed
,
which
are
to
take
Place
,
and
publick
Bills
before
private
.
The
Reporter
must
first
acquaint
the
House
,
Id.
52.
Hakewell
,
148.
That
he
is
to
make
a
Report
from
such
a
Committee
,
to
whom
such
a
Bill
was
committed
;
and
standing
in
his
Place
,
must
read
each
of
the
Amendments
,
with
the
Coherence
in
the
Bill
;
and
opening
the
Alterations
,
and
the
Reasons
of
the
Committee
for
such
Amendments
,
until
he
hath
gone
through
all
;
and
then
must
(
if
he
sit
not
in
the
Seat
next
the
Floor
)
come
from
his
Place
to
the
Bar
,
and
so
come
up
to
the
Table
,
and
deliver
both
the
Bill
and
Amendments
to
the
Clerk
;
by
whom
he
is
to
stand
,
while
they
are
twice
read
;
which
is
to
be
done
by
him
(
without
reading
any
Words
that
are
to
be
omitted
,
but
only
such
as
are
to
be
inserted
)
before
any
Man
speak
to
any
of
them
;
and
then
the
Bill
,
with
the
Amendments
,
is
to
be
deliver'd
to
the
Speaker
.
After
reading
of
the
Amendments
,
Scobel
,
52.
any
Member
may
speak
against
all
,
or
any
of
the
Amendments
,
and
desire
the
Coherence
to
be
read
.
But
he
is
to
make
all
his
Objections
at
once
to
all
the
Amendments
,
without
speaking
again
.
Exceptions
may
be
taken
,
Id.
53.
as
well
to
what
is
omitted
out
of
the
Bill
by
the
Committee
,
as
to
what
is
amended
.
Amendments
in
Bills
ought
to
be
writ
in
Paper
,
not
in
Parchment
,
Sir
Simon
d'Ewe
's
,
Jour
.
573
,
574.
Scobel
,
53.
and
without
any
Indorsement
.
Upon
any
Report
from
a
Committee
,
the
first
Question
ought
to
be
for
agreeing
with
the
Report
,
unless
the
House
generally
dislike
it
.
Junii
1607.
Agreed
for
a
Rule
,
Id.
39.
That
every
Thing
directed
,
and
agreed
to
be
reported
,
ought
accordingly
to
be
reported
:
But
not
every
Thing
spoken
or
debated
at
the
Committee
.
28
Julii
,
Id.
1641.
Declared
by
the
House
,
That
no
Committee
ought
by
Votes
to
determine
the
Right
or
Property
of
the
Subject
,
without
first
acquainting
the
House
therewith
.
6
Aug.
1641.
Ibid.
Resolved
,
That
no
Vote
pass'd
at
a
Committee
,
and
not
reported
,
nor
confirmed
by
the
House
,
shall
be
any
Rule
or
Direction
for
any
Court
of
Justice
to
ground
any
Proceedings
thereon
.
CHAP.
XIX
.
The
Order
and
Power
of
Grand
Committees
.
A
Grand
Committee
consists
of
as
many
Members
(
at
least
)
as
constitute
the
House
;
Scobel
,
35.
less
may
not
sit
,
nor
act
as
a
Committee
;
who
have
general
Power
to
consider
of
any
Matter
touching
the
Subject-matter
referred
,
and
to
present
their
Opinions
therein
to
the
House
,
the
better
to
prepare
Matters
of
that
Nature
,
or
Bills
thereon
,
for
the
House
;
which
may
better
be
prepared
by
the
Liberty
that
every
Member
hath
in
a
Grand
Committee
,
as
well
as
in
other
Committees
,
to
speak
more
than
once
to
the
same
Business
,
(
if
there
be
Cause
,
)
which
is
not
permitted
in
the
House
.
Bills
of
great
Concernment
,
Id.
49.
and
chiefly
Bills
to
impose
a
Tax
,
or
raise
Money
from
the
People
,
are
committed
to
a
Committee
of
the
whole
House
;
to
the
End
there
may
be
Opportunity
for
fuller
Debate
:
For
that
at
a
Committee
the
Members
have
Liberty
to
speak
,
as
often
as
they
shall
see
Cause
,
to
one
Question
:
And
that
such
Bills
being
of
general
Concernment
,
should
be
most
solemnly
proceeded
in
,
and
well
weighed
.
Grand
Committees
have
their
Powers
and
Rules
in
other
Circumstances
given
them
in
express
Words
by
the
House
:
Id.
35.
As
to
send
for
Witnesses
,
to
hear
Counsel
,
or
assign
them
on
either
Part
,
to
send
for
(
Persons
,
Paper
,
and
)
Records
.
When
any
great
Business
is
in
Agitation
that
requires
much
Debate
,
Id.
36.
or
a
Bill
for
a
publick
Tax
is
to
be
committed
,
the
House
doth
use
to
resolve
into
a
Grand
Committee
of
the
whole
House
;
which
is
done
by
a
Question
;
and
then
the
Speaker
leaves
the
Chair
;
and
thereupon
the
Committee
makes
choice
of
a
Chair-Man
.
If
more
than
one
be
generally
call'd
to
the
Chair
,
Scobel
,
36.
any
Member
may
stand
up
,
and
by
Consent
of
the
Committee
put
a
Question
for
one
of
those
named
to
be
the
Chair-Man
.
19
Jac.
1.
Ibid.
A
Dispute
being
in
the
Committee
,
which
of
two
Members
named
shou'd
go
to
the
Chair
,
the
Speaker
was
call'd
to
his
Chair
,
and
put
the
Question
,
That
Sir
Edward
Coke
(
one
of
the
Persons
named
)
should
take
the
Chair
;
and
then
the
Speaker
left
his
Chair
.
The
Chair-Man
of
the
Grand
Committee
is
to
sit
in
the
Clerk's
Place
at
the
Table
,
Ibid.
and
to
write
the
Votes
of
the
Committee
.
If
upon
putting
a
Question
,
Id.
38.
the
Chair-Man
(
who
is
to
judge
the
Voices
)
have
deliver'd
his
Opinion
,
That
the
Yea's
have
it
,
and
any
Member
stand
up
,
and
say
,
He
believes
the
No's
have
it
,
(
or
contrariwise
,
)
the
Committee
is
to
divide
within
the
House
,
the
Chair-Man
directing
the
Yea's
to
one
Side
of
the
House
,
and
the
No's
to
the
other
;
and
then
he
is
to
appoint
one
of
each
to
count
the
Numbers
,
and
report
them
:
Which
is
to
be
done
in
the
same
Order
as
in
the
House
,
saving
that
the
Obeisance
is
only
twice
in
the
Committee
,
thrice
in
the
House
.
If
the
Number
be
equal
,
the
Chair-Man
hath
the
casting
Voice
;
otherwise
he
hath
none
in
the
Committee
.
When
the
Committee
hath
gone
through
the
Matter
referred
to
them
,
Ibid.
the
Chair-Man
,
having
read
all
the
Votes
,
is
to
put
the
Question
,
That
the
same
be
reported
to
the
House
.
If
that
be
resolved
,
he
is
to
leave
the
Chair
,
and
the
Speaker
being
again
called
to
the
Chair
,
(
or
at
the
next
Sitting
of
the
House
,
if
be
then
adjourned
,
)
the
Chair-Man
is
to
report
what
hath
been
resolved
at
the
Committee
,
standing
in
his
usual
Place
;
from
whence
(
if
it
be
not
in
the
Seat
next
the
Floor
)
he
is
to
go
down
to
the
Bar
,
and
so
to
bring
up
his
Report
to
the
Table
.
If
the
Committee
cannot
perfect
the
Business
at
that
Sitting
,
Ibid.
they
may
not
adjourn
,
as
other
Committees
;
but
a
Question
is
to
be
made
for
reporting
to
the
House
,
and
that
Leave
be
asked
,
That
the
Committee
may
sit
at
another
Time
on
that
Business
.
But
if
,
as
it
sometimes
falls
out
,
Ibid.
the
Matter
hath
received
a
full
Debate
in
the
Committee
,
and
it
is
judged
fit
to
be
resolved
in
the
House
,
the
Speaker
is
again
called
to
the
Chair
for
that
Purpose
.
In
other
Things
the
Rules
of
Proceedings
are
to
be
the
same
as
are
in
the
House
.
Id.
39.
4
Junii
,
Ibid.
1607.
Agreed
for
a
Rule
,
That
every
Question
upon
the
Voices
of
a
Committee
bindeth
,
and
cannot
be
altered
by
themselves
.
Every
Thing
directed
,
Ibid.
and
agreed
to
be
reported
,
ought
to
be
accordingly
reported
;
but
not
every
Thing
spoken
or
debated
at
a
Committee
.
15
Maii
,
Id.
36.
22
Jac.
1.
Upon
Complaint
from
the
Grand
Committee
for
Grievances
,
That
they
had
sent
several
Warrants
for
divers
Persons
to
bring
in
their
Patents
,
which
they
had
not
done
,
the
House
ordered
the
Serjant
at
Arms
to
send
for
them
.
The
Committee
for
Trade
is
sometimes
made
of
a
Grand
Committee
of
the
whole
House
,
Id.
9.
as
in
21
Jac.
1.
andnow
usually
so
.
The
Committees
for
Religion
,
Ibid.
Grievances
,
and
Courts
of
Justice
,
are
always
Grand
Committees
of
the
House
,
which
are
to
sit
in
the
Afternoon
upon
such
Days
as
the
House
doth
appoint
to
them
respectively
.
8
&
13
Martii
,
Id.
36.
21
Jac.
1.
Upon
Report
from
the
Committee
for
Trade
,
(
which
then
was
a
Grand
Committee
,
)
the
House
was
moved
for
their
Order
to
the
Merchants
Adventurers
to
bring
in
their
Patents
,
and
that
the
Inventor
of
the
pretermitted
Customs
should
attend
the
Committee
.
The
Commons
,
Rush
.
Col.
225.
upon
Debate
of
what
fell
from
his
Majesty
and
the
Lord
Keeper
,
turned
the
House
into
a
Grand
Committee
,
order'd
the
Doors
to
be
locked
,
and
no
Members
to
go
forth
;
and
that
all
Proceedings
in
all
other
Committees
shall
cease
till
the
House
come
to
a
Resolution
in
this
Business
.
CHAP.
XX.
Of
Standing
Committees
.
THE
Commons
being
the
General
Inquisitors
of
the
Realm
,
4
Inst.
11.
have
principal
Care
,
in
the
Beginning
of
the
Parliament
,
to
appoint
Days
of
Committees
,
viz.
of
Grievances
,
(
both
in
the
Church
and
Commonwealth
,
)
of
Courts
of
Justice
,
of
Privileges
and
Advancement
of
Trade
.
In
Parliament
there
have
usually
been
five
Standing
Committees
appointed
in
the
Beginning
of
the
Parliament
,
Scobel
,
9.
and
remaining
during
all
the
Session
;
other
Committees
are
made
occasionally
,
and
dissolved
after
the
Business
committed
to
them
is
reported
.
Standing
Committees
are
for
-
-
Privileges
and
Elections
.
Ibid.
-
Religion
.
-
Grievances
.
-
Courts
of
Justice
.
-
Trade
.
These
Committees
when
they
meet
,
4.
Inst.
12.
they
elect
one
of
them
to
sit
in
their
Chair
,
in
Likeness
of
the
Speaker
.
The
Committee
may
examine
,
and
vote
the
Questions
handled
by
them
;
and
by
one
,
whom
they
appoint
,
report
their
Resolutions
to
the
House
;
and
the
House
sitting
,
the
Speaker
to
determine
the
same
by
Question
.
The
Committees
for
Religion
,
Scobel
,
9.
Grievances
,
and
Courts
of
Justice
,
are
always
Grand
Committees
of
the
House
,
which
are
to
sit
in
the
Afternoon
,
upon
such
Days
as
the
House
doth
appoint
to
them
respectively
.
The
Committee
for
Trade
hath
sometimes
been
a
select
Committee
,
Ibid.
particularly
named
;
and
all
such
Members
as
should
come
to
it
,
to
have
Voices
,
as
in
Nov.
1640.
Sometimes
a
Grand
Committee
of
the
whole
House
,
as
21
Jac.
1.
The
Committee
for
Privileges
and
Elections
hath
always
had
the
Precedence
of
all
other
Committees
;
Id.
10.
being
commonly
the
first
Committee
appointed
,
and
ordinarily
the
first
Day
after
,
or
the
same
Day
the
Speaker
doth
take
his
Place
.
This
Committee
is
constituted
of
particular
Numbers
named
by
the
House
.
Ibid.
21
Jac.
1.
Ibid.
Upon
naming
a
Committee
for
Privileges
and
Elections
,
a
Motion
was
made
,
That
all
that
come
should
have
Voices
;
but
insisted
on
to
be
contrary
to
all
former
Precedents
.
A
Question
was
put
,
Whether
all
that
come
should
have
Voices
at
the
Committee
,
and
passed
in
the
Negative
:
Another
being
put
,
Whether
the
Persons
nominated
only
should
be
of
the
Committee
,
it
was
resolved
in
the
Affirmative
.
In
the
Journal
,
26
February
,
Id.
11.
1600.
42
Eliz.
the
Power
anciently
given
to
this
Committee
,
is
to
examine
and
make
Report
of
all
Cases
touching
Elections
and
Returns
,
and
all
Cases
for
Privileges
as
may
fall
out
,
during
the
Parliament
.
But
in
other
Parliaments
,
both
before
and
since
,
that
Power
doth
not
appear
to
have
been
given
them
so
absolutely
;
but
Matters
of
Privilege
were
,
upon
Information
to
the
House
,
there
heard
,
and
not
in
a
Committee
,
unless
in
some
special
Cases
,
wherein
there
was
Cause
of
Examination
,
or
some
Preparation
of
a
Charge
.
Council
may
be
admitted
at
that
Committee
.
Id.
11.
The
Power
of
this
Committee
usually
was
(
as
it
is
enter'd
in
Nov.
1640.
Id.
12.
)
to
examine
and
consider
all
Questions
which
shall
grow
and
arise
in
that
Parliament
about
Elections
,
Returns
,
and
other
Privileges
.
Or
(
as
in
1
Jac.
1.
)
this
Committee
are
to
examine
all
Matters
questionable
touching
Privileges
and
Returns
;
and
to
acquaint
the
House
with
their
Proceedings
from
Time
to
Time
,
so
as
Order
may
be
taken
according
to
the
Occasion
,
and
agreeable
with
ancient
Customs
and
Precedents
And
to
the
End
these
Questions
may
be
speedily
determined
,
Ibid.
and
the
House
may
know
their
Members
,
Days
are
usually
assign'd
;
beyond
which
there
shall
be
no
questioning
a
former
Election
.
So
in
the
Parliament
21
Jac.
1.
Ibid.
it
was
ordered
,
That
all
Petitions
about
Elections
and
Returns
should
be
preferred
to
the
Committee
of
Privileges
within
a
Fortnight
,
from
that
Day
,
or
else
to
be
silenced
for
that
Session
.
16
April
.
Id.
13.
1640.
Ordered
,
That
those
who
would
question
Elections
,
should
do
it
within
ten
Days
by
Petition
.
6
Nov.
1640.
Ordered
,
Ibid.
That
all
such
as
will
question
Elections
now
returned
,
shall
do
it
in
fourteen
Days
,
and
so
within
fourteen
Days
after
any
new
Return
.
Some
Questions
have
been
(
where
there
have
been
double
Indentures
returned
for
several
Persons
for
the
same
Place
)
whether
all
,
or
any
,
or
which
shall
sit
.
Id.
13.
The
general
Rule
and
Practice
hath
been
in
such
Case
,
That
neither
one
nor
other
shall
sit
in
the
House
,
till
it
were
either
decided
or
ordered
by
the
House
.
17
April
,
19
Jac.
1.
Ordered
,
Id.
16.
That
no
Petition
shall
be
received
by
a
Committee
,
but
openly
at
a
Committee
;
and
read
at
the
Committee
,
before
the
Party
go
that
perferred
it
;
and
the
Party's
Name
that
preferred
it
be
subscribed
.
In
the
Parliament
21
Jac.
1.
Resolved
,
Id
17.
That
all
Assidavits
to
be
taken
in
any
Court
,
concerning
Elections
,
Returns
,
or
any
Thing
depending
thereupon
,
should
be
rejected
,
and
not
hereafter
to
be
used
.
Though
the
Committee
examine
not
upon
Oath
,
Ibid.
yet
they
may
punish
any
that
shall
testify
untruly
;
of
which
there
was
an
Instance
in
the
Case
of
one
Damport
.
Sir
Francis
Popham
being
returned
a
Burgess
for
Chippenham
by
one
Indenture
,
Id.
14.
and
another
Person
returned
for
the
same
Place
by
another
Indenture
,
it
was
moved
he
might
be
admitted
into
the
House
,
till
the
Matter
were
determined
.
But
he
was
not
so
admitted
;
and
it
was
referred
to
the
Committee
for
Privileges
.
21
Jac.
1.
Id.
15.
Two
Indentures
were
return'd
for
Southwark
;
the
one
returned
Yarrow
and
Mingy
,
the
other
Yarrow
and
Bromfeild
.
Upon
a
Report
from
the
Committee
of
Elections
it
was
resolved
,
That
the
Election
and
Return
for
Yarrow
should
stand
good
,
and
that
he
should
sit
in
the
House
.
22
Martii
,
Ibid.
21
Jac.
1.
Sir
John
Jackson
and
Sir
Thomas
Beaumont
,
were
both
returned
for
one
Burgess's
Place
for
Pontefract
.
Ordered
,
That
the
Committee
take
the
Election
into
Consideration
to
Morrow
,
and
that
in
the
mean
Time
the
Parties
forbear
to
come
into
the
House
.
CHAP.
XXI
.
A
Session
of
Parliament
;
and
of
Prorogations
and
Adjournments
.
WHAT
shall
make
a
Session
of
Parliament
.
See
1
Rol.
R.
29.
Hutton
61.
4
Inst.
27.
1
Siderf.
457.
1
Mod.
Rep.
151
,
155.
If
several
Bills
are
passed
at
one
and
the
same
Parliament
,
none
of
them
shall
have
Priority
of
the
other
;
for
they
are
made
all
in
one
Day
and
Instant
,
and
each
of
them
have
relation
to
the
first
Day
of
the
Parliament
,
though
in
several
Chapters
;
and
shall
so
be
construed
,
as
if
they
had
been
all
comprehended
in
one
and
the
same
Act
of
Parliament
.
Sir
W.
Jones
Rep.
22.
Hob.
111.
Bro.
tit
.
Parl.
86.
and
Relat.
35.
Plowd.
79.6
.
Levintz
.
9.
Crooke
says
,
That
though
in
Fiction
of
Law
a
Statute
shall
have
relation
to
the
first
Day
of
the
Parlaiment
,
yet
revera
nothing
is
settled
;
nor
is
it
a
perfect
Statute
till
the
Parliament
is
ended
.
Jones
ut
sup.
370.
Vide
cont
.
ibid.
371.
Hales
(
Justice
)
said
,
That
if
the
Parliament
has
several
Prorogations
,
and
in
the
second
or
third
Session
an
Act
is
made
,
this
shall
not
have
relation
to
the
Day
of
the
Beginning
of
the
Parliament
,
that
is
to
say
,
to
to
the
first
Day
of
the
first
Session
,
but
only
to
the
first
Day
of
the
same
Session
in
which
it
is
made
.
Plowd.
79.6
.
In
a
Session
of
Parliament
,
though
it
continue
never
so
many
Weeks
,
yet
there
is
nothing
prius
aut
posterius
,
but
all
Things
are
held
and
taken
as
done
at
one
and
the
same
Time
.
Rush
.
Vol.
I.
Page
581.
Jones
in
the
Case
of
Sir
John
Elliot
,
Ibid.
p.
687.
says
,
We
are
Judges
what
shall
be
said
a
Session
of
Parliament
.
Sed
Quere
de
hoc
.
The
Passing
of
any
Bill
or
Bills
,
4
Inst.
27.
by
giving
the
Royal
Assent
thereto
,
or
the
giving
any
Judgment
in
Parliament
,
doth
not
make
a
Session
;
but
the
Session
doth
continue
till
that
Session
be
prorogued
or
dissolved
:
And
this
is
evident
by
many
Presidents
in
Parliament
ancient
and
modern
.
14
Ed.
3.
Ibid.
On
the
first
Monday
a
Grant
of
,
&c.
being
given
to
the
King
,
was
made
a
Statute
,
and
pass'd
both
Houses
,
and
had
the
Royal
Assent
thereunto
;
yet
after
this
the
Parliament
continued
,
and
divers
Acts
made
,
and
Petitions
granted
.
3
Rich.
2
Declared
by
Act
of
Parliament
,
Ibid.
That
the
killing
of
John
Imperial
,
Ambassador
of
Genoa
was
High
Treason
;
yet
the
Parliament
continued
long
after
,
and
divers
Acts
made
,
&c.
7
Hen.
4.
Ibid.
An
Act
made
for
certain
Strangers
departing
the
Realm
,
&c.
yet
the
Parliament
continued
till
Dec.
8.
Hen.
4.
1
Hen.
7.
Ibid.
The
Attainders
of
such
as
were
returned
Knights
,
Citizens
,
and
Burgesses
,
were
revers'd
by
Act
Parliament
,
before
they
could
sit
in
the
House
of
Commons
,
and
the
Parliament
continued
,
and
divers
Acts
made
.
33
Hen.
8.
Ibid.
At
the
Beginning
of
the
Parliament
,
the
Bill
of
Attainder
against
Queen
Catherine
Howard
passed
both
Houses
;
yet
the
Parliament
continued
,
and
divers
Acts
passed
.
Though
Bills
passed
both
Houses
,
Ibid.
and
the
Royal
Assent
be
given
thereto
,
there
is
no
Session
until
a
Prorogation
,
or
a
Dissolution
.
The
Diversity
between
a
Prorogation
and
an
Adjournment
,
Ibid.
or
Continuance
of
the
Parliament
,
is
,
That
by
the
Prorogation
in
open
Court
,
there
is
a
Session
;
and
then
such
Bills
as
passed
either
,
or
both
Houses
,
and
had
no
Royal
Assent
to
to
them
,
must
at
the
next
Assembly
begin
again
.
Every
several
Session
of
Parliament
is
in
Law
a
several
Parliament
:
Ibid.
Hutton
,
61.
Brook
,
tit
.
Parl.
86.
But
if
it
be
but
adjourned
or
continued
,
then
there
is
no
Session
;
and
consequently
all
Things
continue
in
the
same
State
they
were
in
before
the
Adjournment
or
Continuance
.
The
Titles
of
divers
Acts
of
Parliament
be
,
4
Inst.
27.
At
the
Session
holden
by
Prorogation
,
or
by
Adjournment
and
Prorogation
;
but
never
by
Continuance
or
Adjournment
tantùm
.
And
the
usual
Form
of
Pleading
is
,
ad
Sessionem
tentam
,
&c.
per
Prorogationem
.
The
Adjournment
or
Continuance
is
much
more
beneficial
for
the
Common-wealth
,
4
Inst.
28.
for
expediting
of
Causes
,
than
a
Prorogation
.
The
King
desired
the
House
of
Commons
not
to
make
a
Recess
in
the
Easter
Holidays
.
Rush
Col.
537
This
Message
for
Non-recess
was
not
well
pleasing
to
the
House
.
Sir
Robert
Philips
first
resented
it
,
and
took
Notice
,
That
in
12
&
18
Jac.
1.
upon
the
like
Intimation
,
the
House
resolved
,
It
was
in
their
Power
to
adjourn
or
sit
.
Hereafter
,
said
he
,
this
may
be
put
upon
us
by
Princes
of
less
Piety
.
Let
a
Committee
consider
hereof
,
and
of
our
Right
herein
,
and
to
make
a
Declaration
.
Sir
Edward
Coke
said
,
The
King
makes
a
Prorogation
;
but
this
House
Adjourns
itself
.
The
Commission
of
Adjournment
we
never
read
,
but
say
,
This
House
adjourns
it self
.
If
the
King
writes
to
an
Abbot
for
a
Corody
,
for
a
Vallet
,
if
it
be
ex
rogatu
,
though
the
Abbot
yeilds
to
it
,
it
binds
not
.
Therefore
I
desire
that
it
be
entered
,
That
this
be
done
ex
Rogatu
Regis
.
And
this
Matter
touching
his
Majesty's
Pleasure
about
the
Recess
,
Rush
.
Col.
537.
was
referred
to
a
Committee
,
and
to
consider
the
Power
of
the
House
to
adjourn
itself
.
The
Sovereign
may
adjourn
the
Parliament
,
Sir
Simon
d'Ewe's
Jour
.
318.
Col.
2.
as
well
as
the
Parliament
adjourns
itself
.
When
a
Parliament
is
called
,
4
Inst.
28.
Hutton
.
61.
Vid.
Sir
Simon
d'Ewe's
Jour
.
407.
Col.
1.
and
doth
sit
,
and
is
dissolved
,
without
any
Act
of
Parliament
passed
,
or
Judgment
given
,
it
is
no
Session
of
Parliament
,
but
a
Convention
.
18
Rich.
2.
The
Petitions
of
the
Commons
were
answered
,
4
Inst.
28.
and
a
Judgment
given
in
the
King's
Bench
reversed
;
but
no
Act
passed
:
Yet
without
Question
it
was
a
Session
;
else
the
Judgment
should
not
be
of
Force
.
Many
Times
Judgments
given
in
Parliament
have
been
executed
,
Ibid.
the
Parliament
continuing
,
before
any
Bill
passed
.
If
divers
Statutes
be
continued
till
the
next
Parliament
,
Hutton
61.
or
next
Session
,
and
there
is
a
Parliament
or
Session
,
and
nothing
done
therein
as
to
Continuance
,
all
the
said
Statutes
are
discontinued
,
and
gone
.
8
April
,
Hakewel
180.
1604.
In
the
last
Session
of
the
first
Parliment
of
K.
James
the
First
,
the
House
being
desirous
to
have
a
Bill
forth
with
passed
,
declared
,
That
the
Royal
Assent
to
one
Bill
,
or
more
,
did
not
dissolve
the
Session
,
without
some
special
Declaration
of
his
Majesty's
Pleasure
to
that
Purpose
.
1
&
2
Phil.
&
Mar.
The
King
and
Queen
came
of
Purpose
into
the
Parliament
House
,
Ibid.
to
give
their
Assent
to
Cardinal
Pool's
Bill
,
and
resolved
upon
the
Question
by
the
whole
House
,
That
the
Session
was
not
thereby
concluded
,
but
they
might
proceed
in
their
Business
,
notwithstanding
the
Royal
Assent
given
.
But
for
more
Security
,
it
is
usual
to
insert
a
Proviso
to
that
Purpose
.
If
there
be
divers
Sessions
in
one
Parliament
,
Arc.
Parl.
93.
〈◊〉
Jour
7.12
.
●b
.
and
the
King
signs
not
a
Bill
till
the
last
,
there
all
is
but
one
and
the
same
Day
;
and
all
shall
have
relation
to
the
first
Day
of
the
first
Session
;
Post
.
336.
and
the
first
Day
and
the
last
are
but
one
Parliament
,
and
one
and
the
same
Day
,
unless
special
Mention
be
made
in
the
Act
when
it
shall
take
its
Force
.
See
Touching
the
Commencement
,
Prorogation
,
and
Dissolution
of
several
Parliaments
,
from
the
Beginning
of
Edward
III.
to
the
End
of
Richard
III.
in
Cotton's
Records
,
per
Totum
;
and
from
the
Beginning
of
Edward
VI.
in
Hale's
Parliaments
,
pag.
107
,
to
110.
and
pag.
142
,
143
,
&c.
Upon
a
Prorogation
of
the
Parliament
,
On
a
Prorogation
,
Bills
to
continue
in
Statu
quo
:
Burnet
's
Reformation
.
Vol.
I.
pag.
276.
Journal
Dom.
Com.
15
May
,
1540.
(
32
Hen.
8.
)
to
the
25th
,
a
Vote
passed
,
That
their
Bills
should
remain
in
the
State
they
were
in
;
and
upon
their
next
Meeting
they
went
on
accordingly
.
On
the
18th
of
February
,
1666
,
the
Parliament
was
prorogued
till
the
10th
of
October
,
1667.
(
the
King
present
.
)
Memorandum
,
That
his
Majesty
,
by
Proclamation
,
1
Siderf.
338.
dated
26
June
,
1667.
Ann.
19.
of
his
Reign
,
summon'd
his
Parliament
to
meet
on
the
25th
of
July
following
,
(
by
Reason
of
the
War
against
the
Dutch
then
in
Being
.
)
On
which
Day
they
met
,
and
adjourned
at
his
Majesty's
Appointment
to
the
29th
of
the
same
Month
;
on
which
Day
(
a
Peace
being
then
concluded
,
)
the
Parliament
was
by
his
Majesty's
Appointment
prorogued
to
the
10th
of
October
,
as
aforesaid
.
A
Parliament
may
be
summon'd
(
by
Proclamation
)
to
meet
before
the
Day
to
which
they
are
prorogued
.
Anno
Dom.
1628.
Rush
.
Vol.
I.
pag
537.
4
Car.
10
April
.
Mr.
Secretary
Cook
delivered
this
Message
from
the
King
,
That
his
Majesty
desired
this
House
not
to
make
any
Recess
these
Easter-Holidays
,
that
the
World
may
take
Notice
,
how
earnest
his
Majesty
and
we
are
for
the
publick
Affairs
of
Christendom
;
the
which
,
by
such
a
Recess
,
would
receive
Interruption
.
But
,
This
Message
for
Non-recess
was
not
well
pleasing
to
the
House
.
Sir
Robert
Phillips
first
resented
it
;
Post
.
366.
and
too
Notice
,
that
in
12
&
18
Jac.
upon
the
like
Intimation
,
the
House
resolved
it
was
in
their
Power
to
adjourn
itself
,
or
sit
.
Hereafter
,
said
he
,
this
may
be
put
upon
us
by
Princes
of
less
Piety
.
Let
a
Committee
consider
hereof
,
and
of
our
Right
herein
,
and
make
a
Declaration
.
And
accordingly
,
this
Matter
,
touching
his
Majesty's
Pleasure
about
the
Recess
,
was
referred
to
a
Committee
,
and
to
consider
the
Power
of
the
House
to
adjourn
itself
,
to
the
End
that
it
being
now
yeilded
unto
,
in
Obedience
to
his
Majesty
,
it
might
not
turn
to
Prejudice
in
Time
to
come
.
Sir
Edward
Coke
spoke
to
the
same
Purpose
,
and
said
,
I
am
as
tender
of
the
Privileges
of
this
House
,
as
of
my
Life
;
They
are
the
Heart-Strings
of
the
Commonwealth
.
The
King
makes
a
Prorogation
;
but
this
House
adjourns
itself
.
The
Commission
of
Adjournment
we
never
read
,
but
say
,
this
House
adjourns
itself
.
If
the
King
write
to
an
Abbot
for
a
Corody
for
a
Valet
,
if
it
be
ex
rogatu
,
though
the
Abbot
yeilds
to
it
,
it
binds
not
.
Therefore
I
desire
that
it
be
entered
,
that
this
is
done
ex
rogatu
Regis
.
Hereupon
a
Message
was
sent
to
the
King
,
That
the
House
would
give
all
Expedition
to
his
Majesty's
Service
,
notwithstanding
their
Purpose
of
Recess
.
To
which
Message
his
Majesty
returned
this
Answer
,
That
the
Motion
proceeded
from
himself
,
in
regard
of
his
Engagement
in
the
Affairs
of
Christendom
,
wished
them
all
Alacrity
in
their
Proceedings
,
and
that
there
be
no
Recess
at
all
.
A
Message
from
the
King
by
the
Speaker
,
Ibid.
pag.
608.
same
Year
.
That
his
Majesty
commands
for
the
present
they
adjourn
the
House
till
To-morrow
Morning
;
and
that
all
Committees
cease
in
the
mean
Time
.
And
the
House
was
accordingly
adjourned
.
On
Wednesday
,
February
25.
the
same
Year
,
both
Houses
,
by
his
Majesty's
Command
,
adjourned
themselves
until
Monday
Morning
the
2d
of
March.
Monday
,
Ibid.
pag.
660.
and
Appendix
,
pag.
9.
2d
of
March
,
the
Commons
meet
,
and
urged
the
Speaker
to
put
the
Question
;
who
said
,
I
have
a
Command
from
the
King
to
adjourn
till
the
10th
of
March
,
and
put
no
Question
;
endeavouring
to
go
out
of
the
Chair
,
was
notwithstanding
held
by
some
Members
(
the
House
foreseeing
a
Dissolution
)
till
a
Protestation
was
published
in
the
House
.
Hereupon
the
King
sent
for
the
Serjeant
of
the
House
;
but
he
was
detained
,
the
Door
being
locked
:
Then
he
sent
the
Gentleman-Usher
of
the
Lords
House
,
with
a
Message
;
and
he
was
refused
Admittance
,
till
the
said
Votes
were
read
.
And
then
in
much
Confusion
the
House
was
adjourned
till
the
10th
of
March
,
according
as
it
was
intimated
from
his
Majesty
.
In
Mr.
Mason
(
of
Lincoln's
Inn
)
his
Argument
for
Sir
John
Elliot
,
he
said
,
the
second
Charge
in
the
Information
against
him
,
was
the
Contempt
to
the
Command
of
the
King's
Adjournment
,
Jac.
18.
It
was
questioned
in
Parliament
,
whether
the
King
can
adjourn
the
Parliament
(
although
it
be
without
doubt
that
the
King
can
prorogue
it
.
)
And
the
Judges
resolved
,
That
the
King
may
adjourn
the
House
by
Commission
;
and
27
Eliz.
it
was
resolved
accordingly
.
But
it
is
to
be
observed
and
wondered
,
Rush
.
Vol.
I.
in
Appendix
.
pag.
48.
that
none
was
then
impeached
for
moving
that
Question
.
And
it
is
to
be
noted
,
that
they
resolved
that
the
Adjournment
may
be
by
Commission
;
but
did
not
resolve
,
that
it
may
be
by
a
verbal
Command
,
signified
by
another
;
and
it
derogates
not
from
the
King's
Prerogative
,
that
he
cannot
so
do
,
no
more
than
in
the
Case
of
26
H.
8.
c.
8.
that
he
cannot
grant
one
Acre
of
Land
by
Parol
.
The
King
himself
may
adjourn
the
House
in
Person
,
or
under
the
Great
Seal
,
but
not
by
verbal
Message
,
for
none
is
bound
to
give
Credit
to
such
Message
;
but
when
it
is
under
the
Great
Seal
,
it
is
Teste
meipso
.
And
if
there
was
no
legal
Command
,
then
there
can
be
no
Contempt
in
the
Disobedience
of
that
Command
.
In
this
Case
no
Contempt
appears
by
the
Information
;
for
the
Information
is
,
that
the
King
had
Power
to
adjourn
Parliaments
.
Then
put
the
Case
the
Command
be
that
they
should
adjourn
themselves
;
this
is
no
Pursuance
of
the
Power
which
he
is
supposed
to
have
.
The
House
may
be
adjourned
two
Ways
,
to
wit
,
by
the
King
,
i.
e.
by
Writ
,
or
by
the
House
itself
;
the
last
is
their
own
voluntary
Act
,
which
the
King
cannot
compel
;
for
Voluntas
non
cogitur
.
Note
,
Rush
.
3
Part
,
Vol.
I.
pag.
385.
Vnder
the
Number
of
forty
Members
the
House
of
Commons
is
not
reputed
a
House
,
so
as
to
make
an
Adjournment
.
CHAP.
XXII
.
The
proper
Laws
and
Customs
of
Parliament
.
THE
Laws
,
4
Inst.
50.
Customs
,
Liberties
,
and
Privileges
of
Parliament
,
are
better
to
be
learned
out
of
the
Rolls
of
Parliament
,
and
other
Records
,
and
by
Precedents
,
and
continual
Experience
,
then
can
be
expressed
by
any
one
Man's
Pen.
If
an
Ordinance
only
be
entered
in
the
Parliament
Roll
,
Sir
William
Jones
pag.
104.
and
it
hath
the
Reputation
and
Use
of
an
Act
of
Parliament
,
that
makes
it
an
Act
of
Parliament
.
If
any
doubt
be
conceived
upon
the
Words
or
Meaning
of
an
Act
of
Parliament
,
Rush
.
Vol.
3.
pag.
77
,
78.
it
is
good
to
construe
it
according
to
the
Reason
of
the
Common
Law
.
When
Laws
shall
be
altered
by
any
other
Authority
,
Ibid.
pag.
653.
than
that
by
which
they
were
made
,
(
says
King
Charles
the
First
,
in
his
Speech
at
Newark
to
the
Inhabitants
of
Nottingham
,
1642.
)
your
Foundations
are
destroyed
.
As
every
Court
of
Justice
hath
Laws
and
Customs
for
its
Directions
,
4
Inst.
15.
some
by
the
Common
Law
,
some
by
the
Civil
and
Canon
Law
,
some
by
peculiar
Laws
and
Customs
,
&c.
so
the
High
Court
of
Parliament
suis
propriis
Legibus
,
&
Consuetudinibus
subsistit
.
It
is
Lex
&
Consuetudo
Parliamenti
,
Ibid.
that
all
weighty
Matters
in
any
Parliament
moved
,
concerning
the
Peers
of
the
Realm
,
or
Commons
in
Parliament
assembled
,
ought
to
be
determined
,
adjudged
,
and
discussed
by
the
Course
of
Parliament
,
and
not
by
the
Civil
Law
,
nor
yet
by
the
Commons
Laws
of
this
Realm
used
in
more
inferior
Courts
;
which
was
so
declared
to
be
secundùm
Legem
,
&
C●nsuetudinem
Parliamenti
,
concerning
Peers
of
the
Realm
,
by
the
King
,
and
all
the
Lords
Spiritual
and
Temporal
;
and
the
like
pari
Ratione
is
for
the
Commons
,
for
any
Thing
moved
or
done
in
the
House
of
Commons
;
and
the
rather
,
for
that
by
another
Law
and
Customof
Parliament
,
the
King
cannot
take
Notice
of
any
Thing
said
or
done
in
the
House
of
Commons
,
but
by
the
Report
of
the
House
of
Commons
;
and
every
Member
of
Parliament
hath
a
judicial
Place
,
and
can
be
no
Witness
.
And
this
is
the
Reason
that
Judges
ought
not
to
give
any
Opinion
of
a
Matter
of
Parliament
,
because
it
is
not
to
be
decided
by
the
Common
Laws
,
but
secundùm
Legem
&
Consuetudinem
Parliamenti
;
and
so
the
Judges
in
divers
Parliaments
have
confessed
.
And
some
hold
,
That
every
Offence
committed
in
any
Court
,
punishable
by
that
Court
,
must
be
punished
(
proceeding
criminally
)
in
the
same
Court
,
or
in
some
higher
,
and
not
in
any
inferior
Court
;
and
the
Court
of
Parliament
hath
no
higher
.
By
the
ancient
Law
and
Custom
of
Parliament
,
Id.
14.
a
Proclamation
ought
to
be
made
against
being
armed
,
against
Games
,
Plays
,
and
strange
Shews
,
&c.
during
the
Parliament
,
that
the
Parliament
may
not
be
disturbed
,
or
the
Members
thereof
(
who
are
to
attend
arduous
and
urgent
Business
)
be
not
withdrawn
.
Dec.
15.
1597.
Resolved
,
Towns
.
Col.
116.
Vide.
Sir
Simon
d'Ewe's
Jour
.
505.
Col.
1.
according
to
the
ancient
Custom
of
the
House
,
That
all
the
Members
of
the
same
,
which
did
speak
against
passing
of
the
Bill
,
should
go
forth
of
the
House
,
to
bring
the
Bill
into
the
House
again
,
together
with
the
Residue
of
the
Members
which
went
out
before
with
the
passing
of
the
said
Bill
.
All
the
Members
of
the
House
being
gone
forth
,
except
Mr.
Speaker
and
the
Clerk
,
Mr.
Controller
brought
in
the
Bill
in
his
Hand
,
accomanied
with
all
the
Members
of
the
House
,
and
delivered
the
said
Bill
to
Mr.
Speaker
.
17
Dec.
1597.
The
same
Ceremony
on
the
like
Occasion
omitted
,
Id.
117.
Sir
Simon
d'Ewe's
Jour
.
574.
Col.
2.
upon
a
Motion
of
the
Speaker
;
and
ordered
accordingly
upon
the
Question
.
18
Dec.
1601.
Towns
.
332.
As
the
Speaker
was
coming
to
the
House
in
the
Morning
,
the
Pardon
was
delivered
unto
him
,
which
he
took
,
and
deliver'd
it
to
the
House
;
which
they
sent
baek
again
,
because
it
was
not
brought
according
to
Course
.
The
Subsidy
of
the
Clergy
was
sent
in
a
Roll
,
according
to
the
usual
Acts
:
Id.
333.
To
which
Sir
Edward
Hobby
took
Exceptions
,
because
it
was
not
sent
in
a
long
Skin
of
Parchment
under
the
Queen's
Hand
and
Seal
;
so
it
was
sent
back
,
and
then
the
other
was
sent
.
Si
les
Commons
grant
Poundage
pur
quatre
Ans
,
Brook
119.4
.
Crompt
.
8.
&
les
Seigneurs
grant
nisi
pur
deux
Ans
;
le
Bill
ne
serra
re-bayl
al
Commons
,
mes
si
les
Commons
grant
nisi
pur
deux
Ans
,
&
les
Seigneurs
pur
4
Ans
,
la
ceo
serra
redeliver
al
Commons
.
Et
in
cest
case
les
Seigneurs
doient
fair
un
Scedule
de
lour
Entent
,
ou
d'endorcer
le
Bill
en
cest
Form
,
Les
Seigneurs
ceo
assentont
,
pur
durer
pur
quatuor
Ans:
Et
quant
les
Commons
ount
le
Bill
arere
,
&
ne
volent
assenter
a
ceo
,
ceo
ne
poet
estre
un
Act
;
mes
si
les
Commons
volent
assenter
,
donques
ils
endorce
lour
Respons
sur
le
Margent
de
bass
deins
le
Bill
en
tiel
Form
;
les
Commons
sont
assentuz
al
Scedule
les
Seigneurs
,
a
mesme
cestuy
Bill
annex
;
&
donques
serra
bayl
al
Clerk
del
Parliament
.
If
the
Commons
grant
Poundage
for
four
Years
,
and
the
Lords
grant
it
but
for
two
Years
,
the
Bill
shall
not
be
sent
back
to
the
Commons
;
but
if
the
Commons
grant
but
for
two
Years
,
and
the
Lords
for
four
Years
,
there
it
shall
be
redelivered
to
the
Commons
.
And
in
that
Case
the
Lords
may
make
a
Schedule
of
their
Intent
,
or
Endorse
the
Bill
in
this
Form
;
The
Lords
do
assent
to
the
continuing
for
four
Years
.
And
when
the
Commons
have
the
Bill
again
,
and
will
not
assent
to
it
,
that
cannot
be
an
Act
:
But
if
the
Commons
will
assent
,
then
they
endorse
their
Answer
on
the
Margin
below
within
the
Bill
in
this
Form
,
The
Commons
do
assent
to
the
Schedule
of
the
Lords
annexed
to
this
Bill
;
and
then
it
shall
be
sent
to
the
Clerk
of
the
Parliament
.
The
Custom
and
Privilege
of
this
House
hath
always
been
,
first
,
Vide
Sir
Simon
d'Ewe's
Jour
.
483.
Col.
2.
to
make
Offer
of
the
Subsidies
from
hence
;
then
to
the
Upper
House
,
except
it
were
that
they
present
a
Bill
unto
this
House
,
with
Desire
of
their
Assent
thereto
,
and
then
to
send
it
up
again
.
And
Reason
it
is
,
that
we
should
stand
upon
our
Privilege
,
seeing
the
Burden
resteth
upon
us
as
the
greatest
Number
;
per
Francis
Bacon
,
35
Eliz.
1592.
The
Lord
Chancellor
in
Parliament
offered
the
Commons
a
Writ
to
deliver
their
Burgess
;
but
they
refused
it
,
Petyt
's
Miscel
.
Parl.
4.
in
Margin
.
as
being
clear
of
Opinion
,
That
all
their
Commandments
and
Acts
were
to
be
done
and
executed
by
their
Serjeant
,
without
Writ
.
It
is
the
Law
and
Custom
of
Parliament
,
4
Inst.
14
,
34.
Rot.
Parl.
●3
E.
3.
n.
Cot.
Records
f.
17.
n.
6
,
9.
That
when
any
new
Device
is
moved
on
the
King's
behalf
in
Parliament
,
for
his
Aid
,
or
the
like
,
the
Commons
may
answer
,
That
they
tender
the
King's
Estate
,
and
are
ready
to
aid
the
same
,
only
in
this
Device
they
dare
not
agree
,
without
Conference
with
their
Countries
:
Whereby
it
appeareth
,
That
such
Conference
is
warrantable
by
the
Law
and
Custom
of
Parliament
.
Mar.
19.
Journal
,
Dom.
Com.
1677.
It
was
conceived
by
the
Commons
,
that
according
to
the
antient
Course
and
Method
of
Transactions
between
the
two
Houses
,
when
a
Bill
with
Amendments
is
sent
from
either
House
to
the
other
by
Messengers
of
their
own
,
the
House
that
sends
them
gives
no
Reasons
of
their
Amendments
;
but
the
House
to
whom
it
is
sent
,
if
they
find
Cause
to
disagree
,
do
use
to
give
Reasons
for
their
Dissent
to
every
particular
Amendment
;
every
one
of
them
is
supposed
to
carry
the
Weight
of
its
own
Reason
with
it
,
until
it
be
objected
against
.
May
28.
Ibid.
1678.
A
Paper
of
Reasons
against
a
Bill
(
viz.
for
wearing
Woollen
)
being
printed
,
and
delivered
at
the
Door
,
was
committed
,
it
being
irregular
for
Reasons
to
be
printed
and
published
against
a
publick
Bill
,
before
a
Petition
be
exhibited
to
the
House
against
the
Bill
.
It
is
to
be
observed
,
4
Inst.
14.
though
one
be
chosen
for
one
particular
County
,
or
Borough
,
yet
when
he
is
return'd
,
and
sits
in
Parliamment
,
he
serveth
for
the
whole
Realm
;
for
the
End
of
his
coming
thither
(
as
in
the
Writ
of
his
Election
appeareth
)
is
general
,
ad
faciendum
,
&
consentiendum
,
&c.
If
Offences
done
in
Parliament
might
have
been
punished
elsewhere
,
4
Inst.
17.
it
shall
be
intended
,
that
at
some
Time
it
would
have
been
put
in
Ure
.
As
Usage
is
a
good
Interpreter
of
Laws
,
Coke
Lit.
81.
b.
so
Non-usage
,
where
there
is
no
Example
,
is
a
great
Intendment
that
the
Law
will
not
bear
it
,
Not
that
an
Act
of
Parliament
by
Non-user
can
be
antiquated
or
lose
his
Force
,
Coke
.
Lit.
81.
b.
but
that
it
may
be
expounded
or
declared
how
the
Act
is
to
be
understood
.
There
is
no
Act
of
Parliament
but
must
have
the
Consent
of
the
Lords
,
4
Inst.
25.
the
Commons
,
and
the
Royal
Assent
of
the
King
;
and
whatsoever
passeth
in
Parliament
by
this
threefold
Consent
,
hath
the
Force
of
of
an
Act
of
Parliament
.
The
Difference
between
an
Act
of
Parliament
,
Ibid.
and
an
Ordinance
in
Parliament
,
is
,
for
that
the
Ordinance
wanteth
the
threefold
Consent
,
and
is
ordained
by
one
or
two
of
them
.
Some
Acts
of
Parliament
are
introductory
of
a
new
Law
;
Ibid.
and
some
be
declaratory
of
the
ancient
Law
;
and
some
be
of
both
kinds
,
by
addition
of
greater
Penalties
,
or
the
like
.
Ibid.
Some
Acts
are
general
,
and
some
private
,
or
particular
.
All
Acts
of
Parliament
relate
to
the
first
Day
of
Parliament
,
33
H.
6.
f.
18.
a.
33
H.
8.
Brook
Parl
86
&
Relation
35.
4.
Inst.
28.
Vide
Sir
Simon
d'Ewe
's
Jour
550.
Col.
1
,
2.
if
it
be
not
otherwise
provided
by
the
Act.
The
House
of
Commons
is
to
many
Purposes
a
distinct
Court
;
and
therefore
is
not
prorogued
or
adjourned
by
the
Prorogation
or
Adjournment
of
the
Lords
House
;
but
the
Speaker
,
upon
the
Signification
of
the
King's
Pleasure
,
by
the
Assent
of
the
House
of
Commons
,
doth
say
,
This
Court
doth
Prorogue
or
Adjourn
itself
.
And
then
it
is
prorogued
or
adjourn
,
and
not
before
.
39
Eliz.
1597.
Towns
.
Col.
101.102
.
Vide
Sir
Simon
d'Ewe
's
Jour
.
550.
Col.
1
,
2.
Nov.
5.
Through
a
meer
Mistake
and
Error
of
the
Speaker
and
themselves
,
the
House
conceived
themselves
to
have
been
Adjourned
by
the
Lord
Keeper
,
the
first
Day
of
this
Parliament
,
to
this
present
Day
.
When
it
is
dissolved
,
Ibid.
the
House
of
Commons
are
sent
for
up
to
the
Higher
House
,
and
there
the
Lord
Keeper
,
by
the
King's
Commandment
,
dissolveth
the
Parliament
,
and
not
before
.
A
Parliament
cannot
be
discontinued
or
dissolved
but
by
Matter
of
Record
;
Hutton
,
62.
and
that
by
the
King
alone
.
The
King
at
the
Time
of
the
Dissolution
ought
to
be
there
in
Person
,
4
Inst.
28.
or
by
Representation
;
for
as
it
cannot
begin
without
the
Presence
of
the
King
,
either
in
Person
,
or
by
Representation
,
so
it
cannot
end
or
be
dissolved
without
his
Presence
either
in
Person
,
or
by
Representation
.
Nihil
enim
tam
Conveniens
est
naturali
aequitati
,
Bracton
.
unumquodque
dissolvi
eo
ligamine
quo
ligatum
est
.
By
the
Statute
of
33
H.
8.
c.
21.
Ibid.
it
is
declared
by
Act
of
Parliament
,
That
the
King's
Letters
Patents
under
his
Great
Seal
,
and
signed
with
his
Hand
,
and
declared
and
notified
in
his
Absence
to
the
Lords
Spiritual
and
Temporal
,
and
Commons
assembled
in
the
House
of
Parliament
,
is
,
and
ever
was
,
as
good
Strength
and
Force
,
as
if
the
King's
Person
had
been
there
personally
present
,
and
had
assented
openly
and
publickly
to
the
same
.
In
the
Lords
House
,
the
Lords
give
their
Voices
from
the
puisne
Lord
seriatim
,
4
Inst.
34.35
.
by
the
Word
of
[
Content
]
or
[
Not
Content
.
]
The
Commons
give
their
Voices
upon
the
Question
,
by
Yea
,
or
No.
Every
Lord
Spiritual
and
Temporal
,
4
Inst.
43.
Crompton
4.
b.
and
every
Knight
,
Citizen
,
and
Burgess
,
shall
upon
Summons
come
to
the
Parliament
,
except
he
can
reasonably
and
honestly
excuse
himself
,
or
else
he
shall
be
amerced
,
&c.
that
is
,
respectively
,
a
Lord
by
the
Lords
,
and
one
of
the
Commons
by
the
Commons
.
By
the
Statute
of
6
Hen.
8.
c.
16.
no
Knight
,
Ibid.
Crompton
,
4.
b.
Citizen
,
or
Burgess
of
the
House
of
Commons
shall
depart
from
the
Parliament
without
Licence
of
the
Speaker
and
Commons
;
the
same
to
be
entered
of
Record
in
the
Book
of
the
Parliament
,
upon
Pain
to
lose
their
Wages
.
Sickness
is
no
Cause
to
remove
any
Knight
,
4
Inst.
8.
Citizen
,
or
Burgess
of
the
House
of
Commons
.
18
Eliz.
1575.
Sir
Simon
d'Ewe
's
Jour
244.
Col.
2.
Resolved
by
the
House
,
That
any
Person
being
a
Member
of
the
same
,
and
being
either
in
Service
of
Ambassage
,
or
else
in
Execution
,
or
visited
with
Sickness
,
shall
not
in
any
Ways
be
amoved
from
their
Place
in
this
House
,
nor
any
other
to
be
during
such
Time
of
Service
,
Execution
,
or
Sickness
,
elected
.
31
Eliz.
1588.
Id.
439.
It
was
assented
to
by
the
whole
House
,
That
none
after
the
House
is
set
,
do
depart
before
the
rising
of
the
same
House
,
unless
he
do
first
ask
Leave
of
Mr.
Speaker
,
on
pain
of
paying
Six
Pence
to
the
Vse
of
the
Poor
.
If
a
Lord
depart
from
Parliament
without
Licence
,
4
Inst.
44.
it
is
an
Offence
done
out
of
the
Parliament
,
and
is
finable
by
the
Lords
.
And
so
it
is
of
a
Member
of
the
House
of
Commons
;
he
may
be
fined
by
the
House
of
Commons
.
It
doth
not
belong
to
the
Judges
to
judge
of
any
Law
,
Custom
,
4
Inst.
50.
Rot.
Parl.
31
H.
6.
n.
27.
or
Priviledge
of
Parliament
.
Cardinal
Wolsey
coming
to
the
Lower
House
of
Parliament
,
told
them
,
Hebert's
Hen.
8.136
.
That
he
desired
to
reason
with
them
who
opposed
his
Demands
.
But
being
answered
,
That
it
was
the
Order
of
that
House
to
hear
,
and
not
to
reason
but
among
themselves
,
the
Cardinal
departed
.
If
any
sit
in
the
House
,
Scobel
,
84.
who
are
not
returned
by
the
Clerk
of
the
Crown
in
Chancery
,
it
is
accounted
a
great
Crime
;
and
severely
punished
.
5
Mar.
1557.
4
&
5
Ph.
&
Mar.
For
that
Christopher
Pern
affirmed
,
Ibid.
That
he
is
returned
a
Burgess
for
Plimpton
in
Devon
,
and
hath
brought
no
Warrant
thereof
to
the
House
,
nor
is
returned
hither
by
the
Clerk
of
the
Crown
,
by
Book
,
or
Warrant
,
he
is
awarded
to
be
in
the
Custody
of
the
Serjeant
,
till
the
House
have
further
considered
.
13
Eliz.
1571.
The
House
was
called
;
Sir
Simon
d'Ewe
's
Jour
.
156.
Col.
1
,
2.
and
thereupon
Edward
Lewknor
,
John
Bullock
,
Nicholas
Plumtree
,
Edward
Goodwyn
,
and
John
Garnons
,
were
commanded
to
attend
the
Order
of
this
House
To-morrow
;
for
that
the
House
being
this
Day
called
,
they
had
entered
into
the
House
,
and
had
not
as
then
been
returned
by
the
Clerk
of
the
Crown
;
except
Garnons
,
whose
Case
is
,
for
that
he
is
said
to
be
excommunicated
.
9
Jan.
1562.
Scobel
,
85.
For
that
it
seemed
to
the
House
,
being
very
full
,
that
there
were
a
greater
Number
than
was
returned
,
therefore
the
Names
were
immediately
called
over
,
and
as
they
were
called
,
departed
out
of
the
House
.
7
Feb.
1588.
Ibid.
The
House
was
called
,
and
every
one
answered
to
his
Name
,
and
departed
out
of
the
House
as
they
were
called
.
Chiefly
the
Calling
of
the
House
is
,
Ibid.
to
discover
what
Members
are
absent
without
Leave
of
the
House
,
or
just
Cause
;
in
which
Case
Fines
have
been
imposed
.
If
the
House
be
called
,
Ibid.
the
Manner
has
been
to
call
over
the
Names
,
and
each
Member
to
stand
up
at
the
Mention
of
his
Name
,
uncovering
his
Head
.
Such
as
are
present
are
marked
,
and
the
Defaulters
called
over
again
the
same
Day
,
sometimes
the
Day
after
,
sometimes
summon'd
,
sometimes
sent
for
by
the
Serjeant
.
Upon
calling
the
House
,
Ibid.
if
the
Person
be
present
,
he
riseth
up
bare-headed
,
and
answereth
;
if
absent
,
he
is
either
excused
(
and
so
entered
,
Licentiatur
per
speciale
Servitium
,
excusatur
ex
gratiâ
,
or
aegrotat
,
)
or
if
none
excuse
him
,
he
is
entered
Deficit
.
That
no
Man
may
sit
in
the
House
,
Id.
86.
Vide
Sir
Simon
d'Ewe's
Jeur.
passim
till
he
be
legally
returned
,
appears
by
several
Instances
of
Persons
who
were
not
Members
;
and
for
coming
into
the
House
,
were
brought
to
the
Bar
,
and
some
committed
,
and
some
sworn
,
before
they
departed
,
to
keep
secret
what
they
had
heard
there
.
5
April
,
1571.
Sir
Simon
d'Ewe
's
Jour
.
156.
Col.
1.
13
Eliz.
Thomas
Clerk
and
Anthony
Bull
,
of
the
Inner
Temple
,
London
,
Gent.
were
by
this
House
committed
to
the
Serjeant's
Ward
,
until
further
Order
should
be
taken
with
them
,
for
that
they
presumed
to
enter
into
this
House
,
and
were
no
Members
of
the
same
,
as
themselves
at
the
Bar
confessed
.
18
Eliz.
1575.
Charles
Johuson
,
Id.
248.
Col.
1.
of
the
Inner
Temple
,
Gent.
committed
to
the
Serjeant's
Ward
,
till
surther
Order
be
taken
by
this
House
,
for
coming
into
this
House
this
present
Day
,
the
House
sitting
,
confessing
himself
to
be
no
Member
of
this
House
.
27
Eliz.
1584.
Charles
Morgan
Gent.
Id.
334.
Col.
1.
Servant
to
Sir
George
Cary
,
Knight
of
a
Shire
,
being
himself
no
Member
of
this
House
,
was
found
to
be
standing
within
the
House
next
to
the
Door
;
and
as
it
was
thought
of
meer
Ignorance
and
Simplicity
,
without
any
evil
Purpose
or
Meaning
,
and
yet
was
committed
by
Order
of
the
House
to
the
Serjeant's
Ward
.
30
Nov.
Eodem
An.
Richard
Robinson
being
found
to
be
sitting
in
the
House
by
the
space
of
two
Hours
,
Ibid.
Col.
1.
(
while
several
Speeches
were
made
)
was
stripp'd
to
his
Shirt
,
and
his
Pockets
searched
;
and
being
brought
to
the
Bar
,
was
censured
by
the
House
,
(
after
taking
the
Oaths
,
)
to
suffer
Imprisonment
in
the
Serjeant's
Ward
till
Saturday
next
;
and
then
(
having
sworn
to
keep
secret
what
he
had
heard
)
to
be
released
.
28
Eliz.
1586.
Id.
394.
Col.
2.
Edmund
Moor
and
John
Turner
presumed
to
come
into
the
House
,
being
no
Members
;
and
upon
their
Submission
discharged
,
because
it
was
done
of
Simplicity
and
meer
Ignorance
.
Id.
394.
Col.
2.
So
John
Legg
,
Vide
Id.
486.
Col.
2.
So
Matthew
Jones
,
Id.
511.
Col.
1.
So
William
Hanner
,
Id.
288.
Col.
2
Petitions
are
usually
presented
by
Members
of
the
same
County
.
Scobel
,
87.
If
they
be
concerning
private
Persons
,
they
are
to
be
subscribed
;
and
the
Persons
presenting
them
called
in
to
the
Bar
,
to
avow
the
Substance
of
the
Petition
,
especially
if
it
be
a
Complaint
against
any
.
18
Nov.
1640.
Ibid.
One
Vivers
presenting
a
Petition
in
the
Name
of
the
Mayor
,
Aldermen
,
Burgesses
,
and
other
Inhabitants
of
Banbury
,
was
called
in
,
and
did
acknowledge
the
Hand
to
the
Petition
to
be
his
,
and
that
he
did
deliver
it
by
Order
,
and
on
Behalf
of
the
Town
of
Banbury
;
and
thereupon
it
was
committed
.
The
like
in
the
same
Parliament
,
Ibid.
upon
reading
the
Petition
of
one
Ward
of
Salop
;
and
likewise
on
reading
the
Petition
of
Henry
Hogan
.
Though
Freedom
of
Speech
and
Debates
,
Scobel
,
72.
be
an
undoubted
Privilege
of
the
House
,
yet
whatsoever
is
spoken
in
the
House
is
subject
to
the
Censure
of
the
House
.
Though
the
Committee
examine
not
upon
Oath
,
Id.
17.
yet
they
may
punish
any
that
shall
testify
untruly
.
In
the
Parliament
,
Hakewel
93.
if
the
greatest
Part
of
the
Knights
of
the
Shire
do
assent
to
the
making
of
an
Act
of
Praliament
,
and
the
lesser
Part
will
not
agree
to
it
,
yet
this
is
a
good
Act
or
Statute
to
last
in
perpetuum
,
and
that
the
Law
of
Majoris
partis
is
so
in
all
Councils
,
Elections
,
&c.
both
by
the
Rules
of
the
Common
Law
,
and
the
Civil
.
Tenants
d'ancient
Baronies
sont
discharge
de
Contribution
al
Gages
de
Chivaliers
del
Parliament
;
Moor
,
fol.
768.
quia
lour
Seigneurs
servent
pur
eux
in
Parliament
.
[
](A54632-e84750-b)*
*
i.
e.
Tenants
in
antient
Demeasn
.
Tenants
of
ancient
Baronies
are
discharged
from
Contribution
to
the
Wages
of
Knights
of
Parliament
,
because
their
Lords
serve
for
them
in
Parliament
.
April
,
Scobel
,
14.
1640.
It
was
ordered
by
the
Commons
,
That
if
any
sit
in
that
House
,
that
are
returned
by
more
Indentures
then
usual
,
they
should
withdraw
till
the
Committee
for
Privileges
had
sarther
ordered
.
In
the
Beginning
of
every
Parliament
,
Id.
40.
some
Persons
have
been
appointed
to
consider
of
such
Laws
as
had
Continuance
to
the
present
Session
,
whether
they
were
fit
to
be
coutinued
,
or
determined
,
as
also
of
former
Statutes
repealed
or
discontinued
,
whether
fit
to
be
revived
,
and
what
are
fit
to
be
repealed
.
Any
Member
of
the
House
may
offer
a
Bill
for
publick
good
,
Ibid.
except
it
be
for
imposing
a
Tax
;
which
is
not
to
be
done
,
but
by
Order
of
the
House
first
had
.
A
private
Bill
that
concerns
a
particular
Person
,
Id.
41.
is
not
to
be
offered
to
the
House
till
the
Leave
of
the
House
be
desired
,
and
the
Substance
of
such
Bill
made
known
,
either
by
Motion
or
Petition
.
It
hath
at
some
Times
been
ordered
,
Hakewel
,
135.
That
every
one
that
preferreth
a
private
Bill
should
pay
five
Pounds
to
the
Poor
,
as
in
43
Eliz.
towards
the
End
of
the
Parliament
,
when
they
were
troubled
with
much
Business
;
but
it
holdeth
not
in
other
Parliaments
.
Scobel
.
41.
Nevertheless
the
Speaker
had
Liberty
to
call
for
a
private
Bill
to
be
read
every
Morning
;
and
usually
the
Morning
is
spent
in
the
first
Reading
of
Bills
untill
the
House
grow
full
.
If
any
publick
Bill
be
tendered
,
Ibid.
the
Person
who
tenders
the
Bill
must
first
open
the
Matter
of
the
Bill
to
the
House
,
and
offer
the
Reasons
for
admitting
thereof
;
and
thereupon
the
House
will
either
admit
,
or
deny
it
.
7
Martii
,
1606.
Mr.
Id.
46.
Hadley
being
assigned
of
a
Committee
to
confer
with
the
Lords
,
desired
to
be
spared
,
he
being
in
Opinion
against
the
Matter
itself
.
And
it
was
conceived
for
a
Rule
,
That
no
Man
was
to
be
imployed
in
any
Matter
that
had
declared
himself
against
it
;
and
the
Question
being
put
,
it
was
resolved
Mr.
Hadley
was
not
to
be
employed
.
Presidents
reported
by
Mr.
Pryn
,
28
Jan.
1666.
about
the
Method
of
Proceeding
upon
the
Impeachment
of
the
Lord
Mordant
.
28
May
,
1624.
In
the
Lords
Journal
,
Council
to
be
allowed
Impeachment
.
which
is
entered
in
haec
verba
,
and
allows
Council
in
all
Cases
.
1
&
2
Car.
1.
A
great
Dispute
,
if
the
Earl
of
Bristol
,
impeached
for
High
Treason
,
should
be
allowed
Council
.
The
Lords
then
stood
on
the
Order
above
recited
:
The
King
objected
to
that
Order
,
that
the
Judges
and
his
Council
had
not
assented
thereto
;
yet
the
King
consented
(
to
avoid
being
thought
rigorous
,
)
that
the
Earl
of
Bristol
should
be
allowed
Council
,
so
it
were
not
drawn
into
Precedent
.
Council
was
allowed
to
Sir
George
Bynion
.
Council
allowed
to
Garney
,
Lord
Mayor
of
London
,
impeached
for
High
Crimes
and
Misdemeanors
,
5
&
11
July
1642.
and
1
&
2
August
.
Sept.
30.
1645.
An
Impeachment
of
of
the
Earl
of
Strafford
.
H.
Poulton
,
&c.
for
striking
Sir
Arthur
Haselrig
.
Upon
all
which
the
House
did
acquiesce
in
the
Lord
Mordant's
having
Council
.
As
to
his
sitting
within
the
Bar
:
The
Lords
insisted
on
it
,
on
the
Precedents
of
18
Jac.
the
Bishop
of
Landass
,
and
1645.
the
Lord
Stamford
.
Seignor
Coke
,
Litt.
Rep.
330.
Elect.
1
Car.
1.
Viscount
de
Bucks
,
&
Chivaler
de
Norsolk
,
Comment
que
ill
abstein
de
la
maison
,
uncore
il
avoit
privilege
versus
la
Dame
Cleer
.
The
Privileges
of
Parliament
consist
in
Three
Things
:
May
's
Hist.
Parl.
l.
3.
p.
27
,
Sir
Robert
Atkin's
Power
of
Parliaments
,
36.
Rush
.
Col.
Vol.
1.663
.
First
,
as
they
are
a
Council
to
advise
;
Secondly
,
a
Court
to
judge
;
Thirdly
,
a
Representative
Body
of
the
Realm
,
to
make
,
repeal
,
or
alter
Laws
.
Upon
some
Questions
propounded
to
the
Judges
,
Anno
1629.
5
Car.
1.
all
the
Judges
agreed
,
That
regularly
a
Parliament-Man
cannot
be
compelled
,
out
of
Parliament
,
to
answer
Things
done
in
Parliament
in
a
parliamentary
Course
.
Their
Rights
and
Privileges
are
the
Birth-right
and
Inheritance
,
not
only
of
themselves
,
Rush
.
Col.
Vol.
3.
p.
1.
458.
but
of
the
whole
Kingdom
,
wherein
every
Subject
is
interested
.
The
Violating
of
the
Privileges
of
Parliament
,
Rush
.
Col.
Vol.
3.
p.
1.
475.
Rush
.
Col.
Vol.
1.
p.
537.
is
the
Overthrow
of
Parliament
.
The
Privileges
of
the
House
,
says
Sir
Edward
Cook
,
are
the
Heart-Strings
of
the
Commonwealth
;
and
therefore
if
the
King
desires
a
Nonrecess
,
I
desire
that
this
may
be
enter'd
,
That
it
is
done
ex
rogatu
Regis
.
The
King
(
viz.
Charles
II.
Journ.
of
House
of
Commons
.
)
in
his
Letter
to
the
King
of
Spain
,
declares
,
That
the
Murder
of
his
Father
was
not
the
Act
of
the
Parliament
or
Kingdom
of
England
,
but
of
a
little
Company
in
the
Kingdom
,
23
Aug.
1660.
Expulsion
from
the
House
for
Words
.
Thursday
,
in
the
Morning
,
27
May
,
Diurnal
Occurrences
of
Parliament
,
from
Nov.
3.
1640.
to
Nov.
3.
1641.
p.
11●
1641.
Mr.
Tayler
,
a
Barrister
,
and
Burgess
for
Old
Windsor
,
was
brought
upon
his
Knees
in
the
House
of
Commons
,
for
speaking
some
Words
in
Disparagement
of
the
whole
House
,
about
the
Earl
of
Strafford's
Death
,
saying
,
They
had
committed
Murder
with
the
Sword
of
Justice
;
and
that
he
would
not
for
a
World
have
so
much
Blood
lie
on
his
Couscience
,
as
did
on
theirs
,
for
that
Sentence
.
Which
Words
being
proved
against
him
by
the
Mayor
of
Windsor
,
(
to
whom
he
spoke
them
,
)
and
some
others
,
he
was
thereupon
expelled
the
House
,
and
voted
uncapable
of
ever
being
a
Parliament
Man
,
committed
to
the
Tower
during
Pleasure
;
to
be
carried
down
to
Windsor
,
there
to
make
Recantation
for
those
Words
;
and
to
return
back
to
the
House
of
Commons
,
to
receive
further
Sentence
:
And
it
was
ordered
,
That
a
Writ
should
presently
issue
out
for
a
new
Election
is
his
room
.
The
2d
of
June
he
petitioned
to
be
restored
upon
his
Submission
:
Id.
p.
116.
Id.
the
where
.
Rush
.
Col.
part
3.
vol.
1.
fo.
278
,
&
280.
But
his
Petition
would
not
be
hearkened
unto
.
A
Member
sent
to
the
Tower
,
for
discovering
what
was
said
in
the
House
in
a
former
Parliament
.
Mr.
Francis
Nevill
,
Rush
.
Col.
part
3.
vol.
1.
fo.
169.
of
Yorkshire
,
a
Member
of
the
House
,
was
,
February
4.
1640.
16
Car.
1.
questioned
for
Breach
of
Privileges
in
the
precedent
Parliament
,
which
met
13
Apr.
1640.
by
discovering
to
the
King
and
Council
what
Words
some
Members
did
let
fall
in
their
Debate
in
that
House
.
Whereupon
Mr.
Bellasis
,
Knight
for
Yorkshire
,
and
Sir
John
Hotham
,
were
committed
by
the
Council-Board
.
And
Mr.
Nevill
being
brought
to
the
Bar
,
was
by
the
House
committed
to
the
Tower
of
London
;
and
Sir
William
Savill
,
touching
the
same
Matter
,
was
ordered
to
be
sent
for
in
Custody
.
CHAP.
XXIII
.
Privilege
of
Parliament
.
THE
Privilege
of
Tenants
in
Ancient
Demense
,
Sir
R.
Atkin's
Argument
18.
Vide
Coke
9
Rep.
in
Pref.
must
be
as
ancient
as
their
Tenure
and
Service
;
for
their
Privilege
comes
by
Reason
of
their
Service
,
and
their
Service
is
known
by
all
,
to
be
before
the
Conquest
,
in
the
Time
of
Edward
the
Confessor
,
and
in
the
Time
of
the
Conqueror
.
Every
Man
must
take
Notice
of
all
the
Members
of
the
House
returned
of
Record
,
4
Inst.
23.24
.
at
his
Peril
.
Otherwise
it
is
of
the
Servant
of
any
of
the
Members
of
the
House
.
Id.
24.
A
Member
of
Parliament
shall
have
Privilege
of
Parliament
,
Id.
42.
Hakewel
62.
not
only
for
his
Servants
,
but
for
his
Horses
,
&c.
or
other
Goods
distrainable
.
The
Privilege
is
due
eundo
,
Scobel
,
88.
morando
,
redeundo
,
for
the
Persons
of
Members
,
and
their
necessary
Servants
;
and
in
some
Cases
,
for
their
Goods
and
Estates
also
during
the
Time
.
For
their
own
Persons
they
have
been
privileged
from
Suits
,
Ibid.
Arrests
,
Imprisonments
,
Attendance
on
Trials
,
Serving
on
Juries
,
and
the
like
,
yea
,
from
being
summoned
or
called
to
attend
upon
any
Suit
in
other
Courts
,
by
Subpoena
served
on
them
.
He
that
doth
arrest
any
Member
of
either
House
during
the
Session
of
Parliament
,
Hakew.
62.
Vide
Dyer
.
60.
shall
be
imprisoned
in
the
Tower
,
by
the
nether
House
of
which
he
is
,
and
shall
be
put
to
his
Fine
;
and
the
Keeper
also
,
if
he
will
not
deliver
him
when
the
Serjeant
at
Arms
doth
come
for
him
by
Command
of
the
House
.
The
Servants
tending
upon
their
Masters
during
Parliament
,
Ibid.
Crompton
's
Juris.
11.
who
are
necessary
,
and
also
of
such
Officers
as
attend
the
Parliament
,
as
the
Serjeant
at
Arms
,
the
Porter
of
the
Door
,
Clerks
,
and
such
like
,
and
also
their
Chattels
and
Goods
necessary
,
are
privileged
;
so
that
they
shall
not
be
taken
,
or
arrested
by
any
Officer
,
if
it
be
not
in
Case
of
Treason
or
Felony
.
Generally
the
Privileges
of
Parliament
do
hold
,
unless
it
be
in
three
Cases
,
4
Inst.
25.
viz.
Treason
,
Felony
,
and
the
Peace
.
No
Privilege
is
allowable
in
Case
of
the
Peace
,
nor
in
Case
of
Conviction
,
2
Nalson
.
450.
or
disarming
of
Recusants
.
No
Minister
of
the
Parliament
,
during
forty
Days
before
,
St.
3
Ed.
4.
in
Ireland
.
and
forty
Days
after
the
Parliament
finished
,
shall
be
impleaded
,
vexed
,
or
troubled
,
by
no
Means
.
That
every
Minister
,
as
well
Lords
Proctors
,
as
Commons
,
Ibid.
be
discharged
and
quitted
of
all
Manner
of
Actions
had
or
moved
against
them
,
or
any
of
them
,
during
the
Time
aforesaid
;
and
this
to
endure
for
Ever
.
Apres
que
Members
sont
returns
,
lour
personal
Attendance
est
cy
necessary
al
Parliament
,
Dyer
,
60.
pl.
19.
que
ils
ne
doient
pur
ascun
Business
estre
absents
,
&
nul
un
Person
poit
estre
bien
mis
,
eo
que
il
est
un
necessary
Member
;
&
pur
ceo
,
si
ascun
morust
devant
le
Parliament
,
un
novel
serra
eslie
en
son
lieu
,
issint
que
l'entire
Number
ne
doit
failer
;
&
donque
il
ensue
,
que
le
Person
de
chescun
tiel
Member
doit
estre
Privilege
d'arrest
al
Suit
d'aseun
privat
Person
,
durant
cel
temps
que
il
est
embusyd
entour
les
Affairs
del
Roy
,
&
son
Realm
;
&
tiel
privilege
ad
estre
touts
foits
grant
per
le
R●ya
les
Commoners
al
Request
del
Prolocutor
del
Parliament
le
primer
Jour
,
&c.
After
that
the
Members
are
returned
,
their
Attendance
is
so
necessary
to
the
Parliament
,
that
they
ought
not
for
any
Business
to
be
absent
,
and
no
one
Person
can
well
be
mist
,
for
that
he
is
a
necessary
Member
;
and
therefore
if
any
die
before
the
Parliament
,
a
new
one
shall
be
chosen
in
his
Place
,
so
that
the
entire
Number
may
not
fail
;
and
then
it
follows
,
that
the
Person
of
every
such
Member
ought
to
be
privileged
from
Arrest
at
the
Suit
of
any
private
Person
,
during
the
Time
that
he
is
busied
in
the
Affairs
of
the
King
and
the
Realm
;
and
such
Privilege
has
used
to
be
granted
at
all
Times
by
the
King
to
the
Commons
,
at
the
Request
of
the
Speaker
of
the
Parliament
the
first
Day
,
&c.
Common
Reson
voit
,
que
intant
que
le
Roy
,
Ibid.
&
tout
son
Realm
ad
un
Intrest
en
le
Corps
de
chescun
de
dits
Members
;
il
semble
que
le
privat
Commodity
d'ascun
particular
home
ne
doit
estre
regard
.
Common
Reason
will
have
it
,
that
forasmuch
as
the
King
and
his
whole
Realm
have
an
Interest
in
the
Body
of
every
one
of
its
Members
,
it
seems
that
the
private
Commodity
of
any
particular
Man
ought
not
to
be
regarded
.
Cest
Court
de
Parliament
est
pluis
haut
Court
,
&
ad
plusors
Privileges
que
ascun
auter
Court
del
Realm
;
Ibid.
Crompt
.
7.
b.
pur
que
semble
que
en
chescun
Case
sans
ascun
Exception
,
chescun
Burgess
est
privilege
,
quant
l'
Arrest
n'est
forsque
al
Suit
d'un
Subject
.
The
Court
of
Parliament
is
the
highest
Court
,
and
has
more
Privileges
than
any
Court
of
the
Realm
;
for
which
it
seems
that
in
every
Case
,
without
any
Exception
,
every
Burgess
is
privileged
when
Arrest
is
only
at
the
Suit
of
the
Subject
.
Coment
que
le
Parliament
erra
in
le
grant
del
Brief
de
Privilege
,
Id.
61.
uncore
ceo
n'est
reversible
en
auter
Court
.
Though
the
Parliament
do
err
in
the
Grant
of
a
Writ
of
Privilege
,
yet
it
is
not
reversible
in
another
Court
.
Fuit
dit
per
Dyer
,
que
si
home
soit
condemne
en
Debt
on
Trespass
,
Moor.
s
.
57
,
n.
163.
&
est
esl
en
un
des
Burgesses
ou
Chivalers
del
Parliament
,
&
puis
soit
prise
en
Execution
,
il
ne
poet
aver
le
Privilege
del
Parliament
;
&
issint
fuit
tenus
per
les
Sages
del
Ley
en
le
Case
d'un
Ferrers
en
temps
le
Roy
H.
8.
Crompton's
Jur.
p.
7.
8
,
9
,
10
,
11.
34
11.
8.
&
coment
que
le
privilege
à
ceo
temps
suit
à
luy
allowe
,
ceo
fuit
miuns
juste
.
Sed
vide
Boliun's
Collection
and
post
contra
.
It
was
said
by
Dyer
,
That
if
a
Man
be
condemned
in
Debt
or
Trespass
,
and
is
chosen
one
of
the
Burgesses
or
Knights
of
Parliament
,
and
afterwads
is
taken
in
Execution
,
he
cannot
have
the
Privilege
of
Parliament
;
and
so
it
was
held
by
the
Sages
of
the
Law
,
in
the
Case
of
one
Ferrers
,
Petyt
's
Mi'cel
.
Farl
.
p.
1.
&c.
in
the
Time
of
King
Henry
the
Eighth
;
and
though
the
Privilege
at
that
Time
was
allowed
him
,
yet
it
was
unjust
.
Hill
&
Stukely
les
Viscounts
de
Londres
fueront
commit
al
Tower
pour
lour
Coutems
;
Dyer
61.
pl.
28.
pur
ceo
que
ils
ne
voil
lesser
George
Ferrers
,
que
fuit
arrest
sur
un
Execution
,
d'aler
alarge
,
quant
les
Serjeants
del
Arms
vient
pur
luy
,
sans
ascun
Brief
.
Hill
and
Stukely
,
the
Sheriffs
of
London
,
were
committed
to
the
Tower
for
their
Contempts
,
for
that
they
would
not
suffer
George
Ferrers
,
who
was
arrested
upon
an
Execution
,
to
go
at
large
,
when
the
Serjeant
at
Arms
came
for
him
,
without
any
Writ
.
Le
lower
Meson
del
Parliament
agree
,
Eitzlerberts
Case
.
Moor
,
fol.
340.
n
461.
que
entant
que
un
fuit
arrest
,
devant
que
il
fuit
eslie
Burgess
,
que
il
ne
doit
aver
le
privilege
del
Meson
.
The
Lower
House
of
Parliament
agreed
,
That
in
regard
one
was
arrested
,
before
he
was
chosen
Burgess
,
that
he
ought
not
to
have
the
Privilege
of
the
House
.
Vide
Fitz-Gerald's
,
Case
,
Anno
1640.
Post
393.
in
Ireland
.
Vide
39
Hen.
6.
Walter
Clerk's
Case
,
5
Hen.
4.
Richard
Chidder
,
38
Hen.
8.
Tyneman's
Case
,
43
Eliz.
Belgrave's
Case
,
39
Hen.
6.
Ferrer's
Case
,
in
Holinshead
,
f.
1584.
Debt
upon
an
Obligation
,
Brownl
91.
Jackson
versus
Kirton
.
whereof
the
Condition
was
,
That
if
A
would
render
himself
to
an
Arrest
in
such
a
Place
,
&c.
A
pleads
Privilege
of
Parliament
;
and
that
being
Servant
to
such
a
Member
,
he
could
not
render
himself
to
be
arrested
.
Upon
Demurrer
,
the
Opinion
of
the
Court
was
for
the
Plantiff
:
For
A
might
render
himself
;
and
let
it
be
at
their
Peril
,
if
they
will
arrest
him
.
Magister
Militiae
Templi
petat
,
4
Inst.
24.
quòd
distringat
Catalla
unius
de
Concilio
,
tempore
Parliamenti
,
pro
Reditu
unius
Domus
in
London
,
Rex
respondet
,
non
videtur
honestum
,
quòd
illi
de
Concilio
suo
di
stringantur
Tempore
Parliamenti
;
sed
alio
Tempore
,
&c.
Bogo
de
Clare
,
and
the
Prior
of
Trinity
,
Ibid.
Townso
.
Col.
255.
Sir
Simon
d'Ewe's
Jour
.
655.
Col.
1
flys
he
was
fined
20000
Marks
4
iust
.
24.
for
serving
a
Citation
on
the
Earl
of
Cornwall
in
the
Time
of
the
Parliament
,
committed
to
the
Tower
;
and
Bogo
,
at
whose
Procurement
it
was
done
,
fined
in
two
thousand
Marks
to
the
King
,
and
a
thousand
Pounds
to
be
paid
to
the
Earl
.
And
yet
the
serving
of
the
said
Citation
did
not
arrest
or
restrain
his
Body
;
and
the
same
Privilege
holdeth
in
Case
of
Subpoena
,
or
other
Process
,
out
of
any
Court
of
Equity
.
Rex
mandavit
Justiciariis
suis
ad
Assisas
,
Ibid.
&c.
quod
super
sedeant
captioni
corundem
,
ubi
Comites
,
Barones
,
&
alii
Summoniti
ad
Parliamentum
Regis
sunt
Partes
,
quamdiù
dictum
Parliamentum
duraverit
.
A
Citation
shall
not
be
served
on
any
Member
,
Ibid.
Vid.
Sir
Sir
Simon
d'Ewe's
Jour
.
435.
Col.
1.
Ibid.
Scobol
.
110.
Vid.
Sir
Simon
d'Ewe's
Jour
.
249.
Col.
2.
nor
Subpoena
.
Divers
Persons
committed
to
Prison
for
serving
a
Citation
on
John
de
Thorsby
,
Clerk
of
the
Parliament
.
22
Febr.
6
Ed.
6.
Ordered
,
If
any
Member
require
Privilege
for
himself
or
his
Servant
,
upon
Declaration
thereof
to
the
Speaker
,
he
shall
have
a
Warrant
sigu'd
by
the
Speaker
to
obtain
the
Writ
.
22
Martii
,
Scobel
,
110.
18
Jac.
1.
It
was
resolved
,
That
no
Protection
under
any
Man's
Hand
of
this
House
,
is
good
.
29
Jan.
1557.
Id.
89.
4
&
5
Ph.
&
Mar.
Thomas
Ennys
Burgess
for
the
Borough
of
Thrusk
,
complained
that
a
Subpoena
was
delivered
him
to
appear
in
Chancery
,
and
required
the
Privilege
of
the
House
;
whereupon
Sir
Clement
Higham
and
Mr.
Recorder
of
London
,
were
sent
to
the
Lord
Chancellor
,
to
revoke
the
Process
.
27
Eliz.
One
Kyrl
having
caused
a
Subpoena
out
of
the
Star-Chamber
to
be
served
on
a
Member
of
the
House
of
Commons
,
and
for
want
of
Appearance
,
Id.
90.
Vid.
Towns
.
Col.
213.
Sir
Simon
d'Ewe's
Jour
.
438.
Col.
1
,
2.
taken
out
an
Attachment
,
and
inforced
the
Payment
of
Money
to
discharge
the
same
;
the
said
Kyrl
was
committed
,
till
he
had
paid
Costs
to
the
Party
served
,
and
made
a
Submission
to
the
House
on
his
Knees
at
the
Bar.
15
Maii
,
1604.
Scobel
,
90
The
Serjant
was
sent
to
attach
the
Body
of
one
who
served
a
Subpoena
on
the
Person
of
Sir
Robert
Needham
,
a
Member
.
7
May
,
1607.
Ibid.
The
Serjeant
was
sent
for
Edward
Throgmorton
,
for
serving
a
Subpoena
on
Sir
Oliver
Cromwel
.
14
Maii
,
19
Jac.
1.
Id.
91.
1.
Upon
Complaint
of
the
Service
of
a
Subpoena
on
a
Member
of
this
House
,
Sir
Edward
Coke
vouched
a
Precedent
,
10
Ed.
3.
That
a
Subpoena
being
served
on
the
Clerk
of
this
House
,
the
Party
was
committed
for
breaking
the
Privilege
of
this
House
.
4
Maii
,
1607.
Ibid.
A
Subpoena
out
of
the
Exchequer
being
served
on
Sir
R.
Pawlet
,
a
Member
,
the
House
granted
Privilege
,
and
ordered
the
Serjeant
by
his
Mace
,
to
attach
the
Parties
delinquent
,
and
to
bring
them
to
the
Bar
,
to
receive
the
Judgment
of
the
House
.
And
the
next
Day
Mr.
Speaker
writ
a
Letter
to
the
Lord
Chief
Baron
,
That
no
further
Process
do
issue
against
the
said
Sir
R.
Pawlet
.
3
Dec.
19.
Ibid.
Jac.
1
Upon
occasion
of
a
Subpoena
served
on
Mr.
Brereton
,
it
was
agreed
by
the
whole
House
,
That
the
serving
of
a
Subpoena
upon
a
Member
of
this
House
,
knowing
him
to
be
a
Parliament-Man
,
is
a
Breach
of
Privilege
;
and
Napper
,
who
served
the
Subpoena
,
was
committed
.
39
Eliz.
Mr.
Combs
and
Mr.
Henry
Powle
,
Towns
.
Col.
109.
Vid.
Sir
Simon
d'Ewe's
546.
Col.
2.
Members
of
this
House
,
being
served
with
a
Subpoena
ad
testificandum
,
by
Mrs.
Ann
Wye
,
the
Serjeant
of
the
House
was
ordered
to
bring
in
the
said
Ann
to
appear
in
this
House
,
to
answer
the
Contempt
.
43
Eliz.
1601.
Id.
212
,
213
,
214.
A
Subpoena
ad
testificandum
served
on
Mr.
Johnson
,
and
other
Members
,
Agreed
,
That
the
Serjeant
be
sent
to
arrest
all
those
to
appear
that
had
procured
the
Subpoena
,
to
answer
their
Contempt
with
all
Speed
.
44
Eliz.
1601.
Id.
246.
Sir
Simon
d'Ewe's
Jour
.
651.
Col.
1.
Id.
257.
Sir
Edmond
Morgan
,
a
Member
of
this
House
,
was
served
with
a
Subpoena
at
the
Suit
of
one
Lemney
;
who
was
sent
for
by
the
Serjeant
.
And
because
Christopher
Kennel
,
who
served
it
,
professed
Ignorance
,
he
was
only
adjuged
to
three
Days
Imprisonment
in
the
Custody
of
the
Serjeant
,
and
to
pay
his
Fees
.
The
same
Order
with
William
Mackerless
,
Ibid.
Vid.
Sir
Simon
d'Ewe's
Jour
.
656.
who
served
a
Subpoena
on
Mr.
Pemberton
,
a
Member
,
at
the
Suit
of
one
Mackerness
.
44
Eliz.
1601.
Mr.
Philips
,
Col.
1
,
2.
Sir
Simon
d'Ewe's
Jour
.
655.
Col.
1
,
2.
a
Member
of
the
House
,
was
served
with
a
Privy
Seal
out
of
the
Court
of
Wards
,
by
one
Thomas
Dean
,
Servant
to
Mrs.
Chamberlain
a
Widow
.
The
House
ordered
that
she
and
her
Servant
should
be
sent
for
by
the
Serjeant
.
Vide
plus
de
hi
Sir
Simon
d'Ewe's
Journal
637.
&
alibi
passim
.
33
Eliz.
The
Sheriffs
of
London
were
fined
by
the
Commons
,
Scobel
,
92.
and
sent
to
the
Tower
,
for
not
delivering
a
Burgess
arrested
for
Debt
,
sitting
the
Parliament
.
6
April
,
1593.
The
Serjeant
at
Mace
,
Id.
921
Vide
Sir
Simon
d'Ewe's
Jour
.
519.
who
arrested
Mr.
Neal
,
a
Member
,
upon
on
Execution
,
and
Weblyn
,
at
whose
Suit
he
was
arrested
,
were
brought
to
the
Bar
,
and
both
committed
Prisoners
to
the
Tower
;
and
the
Serjeant
at
Arms
attending
this
House
was
ordered
to
deliver
them
over
to
the
Lieutenant
of
the
Tower
.
13
Maii
,
1607.
Ibid.
Nicholas
Allen
an
Attorney
,
and
Palmer
,
at
whose
Suit
Mr.
Martin
,
a
Member
,
was
Out-law'd
;
ordered
to
be
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
to
answer
their
Contempt
.
An
Attachment
for
Contempt
being
taken
out
of
Chancery
against
Mr.
Belingham
,
Ibid.
a
Member
,
the
House
ordered
to
have
Privilege
,
and
a
Letter
to
be
sent
to
Mr.
Evelyn
,
one
of
the
six
Clerks
,
to
stay
the
Suit
.
Upon
a
Writ
directed
to
the
Sheriff
to
levy
twenty
Pounds
Issues
upon
Sir
Robert
Oxenbridge
,
Id.
93.
for
Non-Appearance
,
it
was
ordered
,
That
if
the
Issues
were
not
discharged
before
that
Night
,
the
Parties
deliquent
to
be
brought
next
Day
to
the
Bar
by
the
Serjeant
.
14
Maii
,
Ibid.
1576.
Sir
Edward
Montague
a
Member
of
the
House
,
was
warned
to
attend
a
Trial
in
London
,
which
was
to
be
had
against
him
,
and
was
by
Order
of
the
House
privileged
;
and
the
Party
that
gave
the
Warning
,
was
summoned
to
appear
at
the
Bar
next
Morning
.
21
Febr.
1588.
Id.
94.
Vide
Sir
Simon
d'Ewe's
Jour
.
436.
Col.
1
,
2.
Ordered
,
That
those
Members
of
the
House
who
have
Occasion
of
Privilege
(
Writs
of
Nisi
priùs
being
brought
against
them
)
do
declare
their
Case
to
the
Speaker
,
who
thereupon
shall
direct
the
Warrant
of
this
House
to
the
Lord
Chancellor
,
for
awarding
Writs
of
Supersedeas
.
3
Martii
,
Ibid.
18
Jac.
1.
Upon
a
Report
from
the
Committee
(
appointed
to
consider
of
a
Way
of
staying
Trials
against
Members
of
the
House
)
that
by
several
Precedents
the
Custom
appeared
to
be
in
such
Cases
,
That
on
Motions
and
Orders
in
the
House
,
Letters
were
written
to
the
Justices
of
Assize
for
stay
of
Trials
against
Members
of
the
House
;
which
Letters
were
entred
in
the
Journal-Book
;
and
that
it
belongeth
to
the
Clerk
to
write
the
the
same
:
It
was
thereupon
Resolved
,
That
the
former
Course
of
writing
Letters
to
Justices
of
Assize
should
be
held
according
to
former
Precedents
.
10
Junii
,
1607.
Sir
Robert
Johnson
,
Id.
95.
a
Member
of
this
House
,
moved
for
a
Letter
to
stay
a
Trial
against
him
in
the
Exchequer
.
Which
was
granted
(
as
appeareth
by
the
Entry
on
the
13th
Day
,
when
a
Petition
of
Sir
Robert
Brett
was
read
against
that
Privilege
.
)
The
Privilege
formerly
granted
was
affirmed
upon
this
Reason
,
That
no
Man
should
have
any
Thing
to
withdraw
him
from
his
Service
in
the
House
.
The
like
14
Feb.
18
Jac.
1.
The
Privilege
of
the
House
is
so
much
insisted
on
,
that
it
hath
been
a
Question
,
Ibid.
Whether
any
Member
of
the
House
could
consent
,
that
himself
might
be
sued
,
during
the
Session
;
because
the
Privilege
is
not
so
much
the
Person
's
,
as
the
House's
:
And
therefore
when
any
Person
hath
been
brought
to
the
Bar
for
any
Offence
of
this
Nature
,
the
Speaker
hath
usually
charged
the
Person
in
the
Name
of
the
whole
House
,
as
a
Breach
of
the
Privilege
of
the
House
.
3
Junii
,
Ibid.
1607.
Sir
Thomas
Holcroft
a
Member
of
the
House
,
had
occasion
to
sue
at
Law
;
and
was
sued
;
with
which
he
was
content
,
and
desired
the
Leave
of
the
House
.
There
was
a
Question
,
Whether
the
House
should
give
Leave
for
a
Breach
of
Privilege
;
and
it
was
resolved
,
The
House
might
give
Leave
.
7
Maii
,
Id.
96.
1607.
Sir
Thomas
Bigg
and
Sir
Thomas
Love
being
returned
upon
an
Attaint
in
the
King's
Bench
,
it
being
moved
,
That
in
this
Case
they
ought
to
have
Privilege
,
it
was
so
ordered
;
and
the
Serjeant
sent
with
his
Mace
to
deliver
the
Pleasure
of
the
House
to
the
Secondary
,
the
Court
sitting
.
22
Nov.
1597.
Ibid.
Vide
Sir
Simon
d'Ewe's
Jour
.
560.
Col.
2.
Sir
John
Tracey
,
a
Member
of
this
House
,
being
at
the
Common
Pleas
Bar
,
to
be
put
upon
a
Jury
,
the
Serjeant
at
Arms
was
presently
sent
with
his
Mace
to
fetch
him
thence
,
to
attend
his
Service
in
the
House
.
April
,
Scobel
,
96.
12
Jac.
1.
Sir
William
Bamp-field
was
committed
by
the
Lord
Chancellor
for
a
Contempt
after
the
Writ
of
Summons
,
but
before
the
Election
.
Ordered
,
upon
the
Question
,
That
he
shall
have
his
Privilege
by
Writ
of
Habeas
Corpus
.
1
Jac.
1
Sess.
2.
Ibid.
Sir
John
Peyton
returned
Knight
for
Cambridge
the
last
Session
,
and
since
chosen
Sheriff
,
Resolved
,
That
he
shall
attend
his
Service
here
.
28
Martii
,
1542.
Herbert's
Hen.
8.
539.
During
this
Session
of
Parliament
,
some
Wrong
was
offered
to
their
ancient
Privileges
,
a
Burgess
of
theirs
being
arrested
.
Whereof
the
King
understanding
,
not
only
gave
Way
to
their
releasing
him
,
but
Punishment
of
the
Offenders
:
Insomuch
that
the
Sheriffs
of
London
were
committed
to
the
Tower
,
and
one
Delinquent
to
a
Place
called
Little
Ease
,
and
others
to
Newgate
.
2
Martii
,
1592.
Scobel
,
112
,
113.
Vide
Moor.
fo.
340.
n.
461.
Fitzherbert's
Case
.
Vide
Sir
Simon
d'Ewe's
Jour
.
479
,
480
,
490
,
Col.
2.
Upon
a
Report
from
the
Committee
of
Privileges
,
That
one
Mr.
Fitzherbet
was
returned
a
Burgess
,
and
excepted
against
,
because
he
was
alledged
to
be
Outlaw'd
,
and
detained
upon
such
Outlawry
;
the
House
ordered
,
That
Mr.
Speaker
should
move
the
Lord
Keeper
for
an
Habeas
Corpus
cùm
Causà
to
bring
up
the
Body
and
the
Cause
of
Mr.
Fitzherbert
.
But
the
Lord
Keeper
returned
,
That
in
regard
of
the
ancient
Liberties
and
Privileges
of
this
House
,
the
Serjeant
at
Arms
be
sent
by
Order
of
this
House
for
Mr.
Fitzherbert
at
his
own
Charge
;
by
Reason
whereof
he
may
be
brought
,
without
Peril
of
being
further
arrested
by
the
Way
;
which
was
approved
of
.
1
Jac.
1.
Scobel
,
104
,
105
,
106
,
107.
Vid.
Petyt's
Miscel
Parl.
222
,
123
,
124
,
125
,
The
first
Day
of
sitting
Complaint
was
made
,
That
Sir
Thomas
Shirley
,
chosen
a
Member
of
the
House
,
was
arrested
four
Days
before
the
Sitting
of
this
Parliament
,
a
Warrant
issued
to
the
Clerk
of
the
Crown
for
a
Habeas
Corpus
to
bring
him
to
the
House
,
being
then
a
Prisoner
in
the
Fleet
;
and
the
Serjeant
and
his
Yeoman
were
sent
for
in
Custody
;
who
being
brought
to
the
Bar
,
and
confessing
their
Fault
,
were
remitted
for
that
Time
.
17
April
,
Upon
hearing
Council
in
the
House
at
the
Bar
for
Sir
Thomas
Shirley
,
and
the
Warden
of
the
Fleet
,
it
was
ordered
,
That
Simson
,
at
whose
Suit
,
and
the
Serjeant
by
whom
the
Arrest
was
made
,
should
be
committed
to
the
Tower
.
4
Maii
,
A
Habeas
Corpus
was
awarded
to
the
Warden
of
the
Fleet
to
bring
Sir
Thomas
Shirley
to
the
House
.
The
Warden
deny'd
to
execute
it
.
For
which
,
the
7th
of
May
following
,
he
was
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
;
who
denying
to
bring
his
Prisoner
,
a
new
Writ
of
Habeas
Corpus
was
awarded
,
and
the
Warden
was
committed
to
the
Serjeant
,
with
this
Order
,
That
if
that
Writ
were
not
executed
,
that
then
he
should
be
delivered
over
to
the
Lieutenant
of
the
Tower
as
the
House's
Prisoner
.
8
Maii
,
The
Serjeant
was
sent
with
his
Mace
to
the
Fleet
,
the
House
sitting
,
to
require
the
Body
of
Sir
Thomas
Shirley
.
But
the
Serjeant
being
deny'd
,
a
Warrant
was
made
to
the
Serjeant
to
deliver
the
Warden
of
the
Fleet
to
the
Lieutenant
of
the
Tower
,
to
be
kept
close
Prisoner
.
11
Maii
,
The
Warden
was
again
sent
for
,
and
brought
to
the
Bar
;
and
refusing
to
deliver
up
his
Prisoner
,
he
was
committed
to
the
Place
called
the
Dungeon
,
or
Little
Ease
in
the
Tower
.
14
Maii
,
A
new
Warrant
was
ordered
for
a
new
Writ
of
Habeas
Corpus
;
and
that
the
Serjeant
should
go
with
the
Writ
;
that
the
Warrant
should
be
brought
to
the
Door
of
the
Fleet
by
the
Lieutenant
himself
,
and
there
the
Writ
to
be
delivered
to
him
,
and
the
Commandment
of
the
House
to
be
made
known
to
him
by
the
Serjeant
,
for
the
executing
of
it
;
that
in
the
mean
Time
the
Warden
to
be
presently
committed
to
the
Dungeon
,
and
after
to
be
returned
thither
again
.
18
Maii
,
The
Warden
did
deliver
Sir
Thomas
Shirley
;
and
so
was
not
put
into
the
Dungeon
.
19
Maii
,
He
attending
at
the
Door
,
was
brought
into
the
Bar
;
where
,
upon
his
Knees
,
confessing
his
Error
and
Presumption
,
and
professing
he
was
unfeignedly
sorry
he
had
so
offended
this
Honourable
House
.
Upon
that
Submission
,
by
Direction
of
the
House
,
the
Speaker
pronounced
his
Pardon
and
Discharge
,
paying
ordinary
Fees
to
the
Clerk
,
and
to
the
Serjeant
.
Mr.
Belgrave
,
Sir
Simon
d'Ewe's
Jour
.
688.
Col.
1.
being
a
Member
of
the
House
of
Commons
had
an
Information
exhibited
against
him
in
the
Star-Chamber
by
the
Earl
of
Huntington
.
And
Order
was
entered
,
as
the
Act
of
that
House
.
43
Eliz.
601.
That
he
ought
not
to
be
molested
in
that
Manner
.
10
Feb.
4
Car.
1.
Rush
.
Col.
653.
Vid.
Petyt
's
Miscel
.
Parl.
p.
107.
Whilst
the
House
was
in
Debate
,
the
Warehouse
of
Mr.
Rolls
(
Merchant
and
Member
of
the
House
then
sitting
in
Parliament
)
was
locked
up
by
a
Pursuivant
,
and
himself
called
from
the
Committee
,
and
served
with
a
Subpoena
.
This
gave
Occasion
of
smart
Debates
in
the
House
.
Id.
654.
After
which
the
Attorney
General
writ
a
Letter
,
That
the
serving
a
Subpoena
was
a
Mistake
,
and
prayed
a
favourable
Interpretation
.
Resolved
,
That
Mr.
Rolls
,
Rosh
.
Col.
659.
a
Member
of
the
House
,
ought
to
have
Privilege
of
Person
and
Goods
.
16
Feb.
5.
Memorials
of
the
Method
of
Proceedings
in
Parliament
97.
Vid.
Sir
Simon
d'Ewe's
Jour
.
85.
Col.
1.
Eliz.
Robert
Parker
,
Servant
to
Sir
William
Woodhouse
,
Knight
for
Norfolk
,
being
attached
in
London
,
at
the
Suit
of
one
Baker
,
in
Trespass
,
had
a
Warrant
of
Privilege
,
notwithstanding
Judgment
given
against
him
for
four
hundred
Marks
.
20
Febr.
18
Eliz.
1575.
Ibid.
Vide
Sir
Simon
d'Ewe's
Jour
.
251.
Col.
1.
Upon
the
Question
,
and
also
upon
Division
of
the
House
,
Edward
Smaley
,
Servant
to
Arthur
Hall
Esq
one
of
the
Burgesses
for
Grantham
,
being
arrested
upon
an
Execution
,
had
Privilege
.
16
Dec.
44
Eliz.
Anthony
Curwen
,
Ibid.
Vid.
Sir
Simon
d'Ewe's
Jour
.
680.
Col.
1.
Servant
to
William
Huddleston
Esq
one
of
the
Knights
of
Cumberland
,
being
arrested
upon
a
Capias
ad
Satisfaciendum
,
out
of
the
Common
Pleas
,
for
six
Pounds
Debt
,
and
forty
Shillings
Damages
,
and
detained
in
Execution
,
a
Supersedeas
was
awarded
,
and
he
was
delivered
.
And
the
House
awarded
the
Officer
that
arrested
him
should
be
discharged
,
Towns
.
Col.
326.
Vid.
Sir
Simon
d'Ewe's
Jour
.
680.
Col.
1
686.
Col.
1.
paying
his
Fees
;
and
that
Matthews
should
pay
them
,
and
also
his
own
Fees
,
and
remain
three
Days
in
the
Serjeant's
Custody
,
for
procuring
the
Arrest
.
11
Maii
,
19
Jac.
1.
Memorials
,
&c.
p.
98.
The
Under-Sheriff
of
Middlesex
was
called
to
the
Bar
,
for
causing
Alexander
Melling
,
Servant
to
the
Chancellor
of
the
Dutchy
,
to
be
arrested
.
He
denied
he
knew
him
to
be
his
Servant
.
Mr.
Speaker
let
him
know
the
House
had
ordered
him
to
have
Privilege
;
and
therefore
ordereth
the
Under-Sheriff
to
discharge
him
.
1
Jac.
1.
Sess.
2.
Ibid.
Sir
Edward
Sandys
moveth
a
Breach
of
Privilege
by
Sir
Robert
Leigh
,
a
Justice
of
the
Peace
,
for
committing
his
Coach-Man
to
Newgate
.
Sir
Robert
Leigh
was
sent
for
by
the
Serjeant
,
and
an
Habeas
Corpus
for
the
Prisoner
.
Sir
Robert
Leigh
being
brought
to
the
Bar
,
acknowledged
his
Fault
,
and
was
discharged
;
and
so
was
the
Prisoner
.
3
Martii
,
Ibid.
1606.
Valentine
Syre
,
Servant
and
Bag-Bearer
to
the
Clerk
of
the
Commons
House
,
being
arrested
upon
an
Execution
,
was
by
Order
and
Judgment
of
the
House
enlarged
.
7
Sept.
1601.
Id.
99.
Vid.
Towns
.
Col.
196
,
206
,
210
,
Vide
Sir
Simon
d'Ewe's
Jour
.
629.
Col.
1.
Woodal
,
Servant
of
William
Cook
Esq
a
Member
of
the
House
,
being
arrested
,
and
in
Prison
in
Newgate
,
the
Serjeant
at
Arms
was
presently
sent
to
Newgate
,
to
bring
him
to
the
House
sedente
Curiâ
.
And
being
brought
to
the
Bar
with
his
Keeper
,
was
discharged
from
his
said
Keeper
,
and
from
his
Imprisonment
.
1
Julii
,
Memorials
,
99.
1607.
John
Pasmore
,
the
Marshal's
Man
,
being
sent
for
,
and
brought
to
the
Bar
,
for
arresting
John
Jessop
Waterman
,
Servant
to
Sir
Henry
Nevil
,
a
Member
of
the
House
.
He
denied
that
he
knew
he
was
Sir
Henry's
Servant
,
until
afterward
;
notwithstanding
he
took
an
Assumpsit
from
him
,
to
answer
the
Action
.
The
House
thought
fit
to
commit
him
to
the
Serjeant
till
the
House's
Pleasure
were
further
known
,
and
till
he
had
discharged
the
Assumpsit
,
and
paid
the
Fees
.
17
Junii
,
1609.
Ibid.
Upon
a
Report
from
the
Committee
for
Privileges
,
That
a
menial
Servant
of
Sir
Robert
Wroth
was
arrested
eight
Days
before
this
Session
;
the
Serjeant
was
sent
for
the
Prisoner
,
and
the
Serjeant
that
made
the
Arrest
,
one
King
,
who
followed
it
,
and
Fisher
,
at
whose
Suit
he
was
arrested
.
4
Junii
,
19
Jac.
1.
Johnson
,
Id.
100.
a
Servant
to
Sir
James
Whitlock
,
a
Member
of
the
Commons
House
,
was
arrested
upon
an
Execution
by
Moor
and
Lock
;
who
being
told
,
That
Sir
James
Whitlock
was
a
Parliament
Man
;
Fulk
,
one
of
the
Prosecutors
,
said
,
He
had
known
greater
Men's
Men
than
Sir
James
Whitlock
's
taken
from
their
Masters
Heels
in
Parliament
Time
.
This
appearing
,
Lock
and
Moor
were
called
in
to
the
Bar
;
and
by
the
Judgment
of
the
House
were
sentenced
,
First
,
That
at
the
Bar
they
should
ask
Forgiveness
the
of
House
,
and
of
Sir
James
Whitlock
,
on
their
Knees
.
Petyt
's
Miscel
.
Parl.
118.
Secondly
,
That
they
should
both
ride
upon
one
Horse
bare-back'd
,
Back
to
Back
,
from
Westminster
to
the
Exchange
,
with
Papers
on
their
Breasts
,
and
this
Inscription
,
For
arresting
a
Servant
of
a
Member
of
the
Commons
House
of
Parliament
.
And
this
to
be
presently
done
sedente
Curiâ
.
Which
Judgment
was
pronounced
by
Mr.
Speaker
against
them
at
the
Bar
upon
their
Knees
.
28
Apr.
22
Jac.
1.
Memorials
,
100.
A
Warrant
was
ordered
to
be
issued
by
the
Speaker
for
a
Writ
of
Privilege
,
to
bring
up
Andrew
Bates
,
Servant
to
Mr.
Richard
Godfrey
,
of
the
House
,
in
Execution
with
the
Sheriff
of
Kent
,
at
the
Suit
of
one
Hunt
.
This
Privilege
doth
take
Place
by
Force
of
the
Election
,
and
that
before
the
Return
be
made
,
as
appears
in
the
Case
following
.
19
Nov.
1601.
Id.
107
,
108.
Vide
Sir
Simon
d'Ewe's
Jour
.
642.
Col.
2.
643.
Col.
1.
Vid.
Petyt
.
Miscel.
Parl.
119.
Upon
Information
to
the
House
,
that
one
Roger
Boston
Servant
to
—
Lanckton
,
Baron
of
Walton
,
who
(
upon
credible
Report
of
divers
Members
of
the
House
,
was
affirm'd
to
be
chosen
a
Burgess
for
the
Borrough
of
Newton
in
Lancashire
,
but
not
yet
return'd
by
the
Clerk
of
the
Crown
,
)
had
been
,
during
that
Session
of
Parliament
,
arrested
in
London
at
the
Suit
of
one
Muscle
;
the
said
Muscle
together
with
the
Officer
that
made
the
Arrest
,
were
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
and
there
charged
by
Mr.
Speaker
,
in
the
Name
of
the
whole
House
,
with
their
Offence
herein
.
And
having
been
heard
,
Boston
was
ordered
to
have
Privilege
,
and
to
be
discharged
of
his
Arrest
and
Imprisonment
;
and
the
Offenders
for
three
Days
committed
to
the
Serjeant
,
and
ordered
to
pay
such
Charges
to
Boston
as
the
Speaker
shall
set
down
,
and
their
Fees
.
6
Martii
,
1586.
Memorials
,
p.
108
,
109.
Sir
Simon
d'Ewe's
Jour
.
410.
Col.
1.414
.
Col.
2.
This
Day
William
White
,
brought
to
the
Bar
for
arresting
Mr.
Martin
,
a
Member
of
the
House
,
made
Answer
,
That
the
Arrest
was
made
above
fourteen
Days
before
the
Beginning
of
the
Parliament
.
The
House
thereupon
appointed
a
Committee
to
search
the
Precedents
.
And
,
March
11.
the
Committee
made
their
Report
of
Mr
Martin
,
a
Member
of
this
House
,
arrested
upon
mean
Process
by
White
,
above
twenty
Days
before
the
Beginning
of
this
Parliament
,
holden
by
Prorogation
,
(
mistaken
for
Adjournment
;
)
and
in
respect
that
the
House
was
divided
about
it
in
Opinion
,
Mr.
Speaker
,
with
the
Consent
of
the
House
,
the
sooner
to
grow
to
some
Certainty
of
the
Judgment
of
the
House
in
this
Cause
,
moved
these
Question
to
the
House
,
viz.
First
,
Whether
they
would
limit
a
Time
certain
,
or
a
reasonable
Time
,
to
any
Member
of
the
House
for
his
Privilege
.
The
House
answered
,
a
Convenient
Time
.
Secondly
,
Whether
Mr.
Martin
was
arrested
within
this
reasonable
Time
.
The
House
answered
,
Yea.
Thirdly
,
If
White
should
be
punished
for
arresting
Martin
.
The
House
answered
,
No.
Because
the
Arrest
was
twenty
Days
before
the
Beginning
of
the
Parliament
,
and
unknown
to
him
,
what
would
be
taken
for
reasonable
Time
.
But
the
principal
Cause
why
Mr
Martin
had
his
Privilege
,
was
,
for
that
White
the
last
Session
(
mistaken
for
Meeting
)
of
Parliament
,
arrested
Mr.
Martin
;
and
then
knowing
him
to
be
returned
a
Burgess
for
this
Honse
,
discharged
his
Arrest
.
And
then
afterwards
Mr.
Martin
again
returning
out
of
his
Country
to
London
to
serve
in
this
House
,
Mr.
White
did
again
arrest
him
;
and
therefore
this
House
took
in
evil
Part
against
him
his
second
Arrest
;
and
thereupon
judged
that
Martin
should
be
discharged
of
his
second
Arrest
out
of
the
Fleet
by
the
said
Mr.
White
.
12
Martii
,
Id.
102.
1606.
Complaint
was
made
by
Mr.
James
,
a
Burgess
of
Parliament
,
That
his
Horse
standing
at
his
Inn
,
was
taken
by
the
Post-Master's
Servant
.
Both
the
Post-Master
and
his
Servant
were
sent
for
,
and
brought
to
the
Bar.
Moreton
,
the
Post-Master
,
appearing
to
be
ignorant
of
what
his
Servant
had
done
,
and
disavowing
it
,
was
by
Order
of
the
House
discharged
.
But
upon
the
Testimony
of
a
Witness
at
the
Bar
,
that
he
told
the
Servant
,
when
he
took
the
Horse
,
that
a
Member
of
Parliament
was
Owner
of
it
,
the
Servant
was
committed
.
In
Dec.
1606.
Thomas
Finch
,
Memorials
,
p.
101
,
102.
a
Servant
to
Sir
Nicholas
Sandys
,
one
of
the
Burgesses
for
Quinborough
,
was
arrested
during
the
Adjournment
;
which
being
conceived
to
be
a
great
Contempt
to
the
Privilege
of
the
House
,
an
Habeas
Corpus
was
awarded
to
bring
him
to
the
House
;
and
he
was
accordingly
brought
;
and
also
one
Knight
,
who
procured
the
Arrest
,
and
Harrison
the
Yeoman
.
The
Excuse
was
,
That
Finch
was
an
Attorney
at
Law
;
but
it
being
avowed
by
Sir
Nicholas
Sandys
,
That
Finch
lay
in
his
House
,
solicited
his
Causes
,
and
received
Wages
from
him
;
and
it
being
insisted
on
,
That
all
menial
and
necessary
Servants
are
to
be
privileged
;
and
Instance
given
of
a
Precedent
of
the
Baron
of
Walton's
Solicitor
,
and
Huddleston's
Solicitor
in
the
Time
of
Queen
Elizabeth
.
Upon
the
Question
,
Finch
was
privileged
,
and
delivered
according
to
former
Precedents
.
During
the
Adjournment
,
Ibid.
102.
a
Suit
was
prosecuted
in
the
Court
of
Wards
against
Nicholas
Pots
Esq
and
Francis
Wethered
Gent.
Committees
of
a
Ward
which
concerning
Mr.
Nicholas
Davys
,
Servant
to
the
then
Speaker
,
as
Assignee
of
the
Ward
.
The
Speaker
writ
a
Letter
to
the
Court
,
to
make
known
,
That
he
was
one
of
his
Clerks
,
and
nearest
Servants
;
and
that
the
Privilege
was
now
as
warrantable
as
in
the
Time
of
sitting
,
and
prayed
the
Court
to
take
Notice
of
it
.
During
another
Adjournment
in
March
following
,
Id.
103.
the
Speaker
(
warranted
by
the
general
Order
)
at
the
Desire
of
Sir
Edmund
Ludlow
,
who
was
summoned
to
attend
the
Execution
of
a
Commission
out
of
the
Chancery
,
writ
a
Letter
to
the
Commissioners
to
excuse
his
Attendance
,
and
that
he
should
not
be
prejudiced
by
his
Absence
.
In
May
1607.
Ibid.
during
an
Adjournment
,
the
Speaker
directed
a
Letter
to
the
Lord
President
and
Council
at
York
,
to
stay
Proceedings
in
a
Suit
there
against
Talbot
Bowes
,
a
Member
of
the
House
.
29
Feb.
1575.
Id.
113.
One
Williams
,
for
assaulting
a
Burgess
of
this
House
,
was
upon
Complaint
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
and
committed
to
the
Serjeant's
Ward
.
23
April
,
Ibid.
1
Mar.
One
Monington
,
for
striking
William
Johnson
a
Burgess
,
was
sent
for
,
and
confessing
it
,
was
committed
to
the
Tower
.
28
Nov.
1601.
Ibid.
Towns
.
Col.
259.
Vide
Sir
Simon
d'Ewe
's
Jour
658.
Col.
1.
Complaint
being
made
by
Mr.
Fleetwood
,
a
Member
of
the
House
,
That
one
Holland
a
Scrivener
,
and
one
Brook
his
Servant
,
had
evil
intreated
and
beaten
the
Servant
of
the
said
Mr.
Fleetwood
in
his
Presence
,
they
were
both
sent
for
by
the
Serjeant
,
and
brought
to
the
Bar
,
and
for
the
said
Offence
committed
for
five
Days
to
the
Serjeant
.
And
that
they
should
pay
double
Fees
.
12
Feb.
18
Jac.
1.
Mr.
Lovel
,
Memorials
,
114
,
a
Member
of
the
House
,
informed
,
That
one
Darryel
threatened
his
Person
,
that
for
a
Speech
spoken
by
him
in
the
House
,
he
should
be
sent
to
the
Tower
during
the
Parliament
,
or
presently
after
.
Darryel
was
sent
for
by
the
Serjeant
,
to
answer
it
to
the
House
;
and
upon
Testimony
of
it
,
he
was
committed
to
the
Serjeant
till
Thursday
following
,
and
then
to
acknowledge
his
Fault
,
or
be
committed
to
the
Tower
.
16
Jun.
1604.
Complaint
being
made
of
one
Thomas
Rogers
a
Currier
,
dwelling
in
Coleman-Street
,
for
abusing
Sir
John
Savill
in
slanderous
and
unseemly
Terms
,
upon
his
Proceedings
at
a
Committee
in
the
Bill
touching
Tanners
,
&c.
he
was
sent
for
by
the
Serjeant
at
Arms
to
the
Bar
,
to
answer
his
Offence
.
1
Car.
1.
4
Inst.
48.
The
Sheriff
for
the
County
of
Buckingham
was
chosen
Knight
for
the
County
of
Norfolk
,
and
returned
into
the
Chancery
;
and
having
a
Subpoena
served
upon
him
at
the
Suit
of
the
Lady
C.
pendente
Parliamento
,
upon
Motion
,
he
had
the
Privilege
of
Parliament
allowed
to
him
by
the
Judgment
of
the
whole
House
of
Commons
.
43
Eliz.
1601.
Towns
.
Co.
195.
Vide
Sir
Simon
d'Ewe
's
Jour
.
629.
Col.
1.
This
Day
a
Page
was
brought
to
the
Bar
,
whom
Sir
Francis
Hastings
had
caused
to
be
committed
;
for
that
as
he
went
down
the
Stairs
,
the
Page
offer'd
to
throng
him
.
But
upon
〈…〉
is
Hastings
his
Intreaty
,
speaking
very
earnestly
for
him
,
and
upon
the
Page's
Submission
upon
his
Knees
at
the
Bar
,
he
was
discharged
.
44
Eliz.
1601.
Towns
.
Col.
229.
Vid.
Sir
Simon
d'Ewe
's
Jour
.
643
Col.
2.
Mr.
William
Morris
,
Burgess
for
Beaumaris
,
coming
on
his
Way
to
London
,
his
Man
was
arrested
at
Shewsbury
.
Ordered
,
That
the
Bailiff
,
and
he
that
procured
the
Arrest
,
and
the
Serjeant
,
be
sent
for
.
44
Eliz.
1601.
Towns
.
Col.
225
,
226.
The
Solicitor
of
one
Langton
,
a
Burgess
for
Newton
in
Lancashire
,
was
arrested
at
the
Suit
of
one
Musket
a
Taylor
,
and
committed
to
the
Compter
.
Agreed
by
the
House
,
That
both
Musket
and
the
Serjeant
should
pay
the
Solicitor's
Costs
and
Damages
,
and
be
imprisoned
three
Days
in
the
Serjeant's
Custody
,
and
to
pay
the
Serjeant
attending
this
House
his
Fees
.
The
Parliament
shall
not
give
Privilege
to
any
Member
contra
morem
Parliamentarium
,
Rush
.
Col.
663.
to
exceed
the
Bounds
and
Limits
of
his
Place
and
Duty
.
And
all
agreed
,
That
regularly
he
cannot
be
compelled
out
of
Parliament
to
answer
Things
done
in
Parliament
in
a
Parliamentary
Course
,
but
it
is
otherwise
where
Things
are
done
exorbitantly
,
for
those
are
not
the
Acts
of
the
Court.
No
Privilege
is
allowable
in
Case
of
the
Peace
betwixt
private
Men
,
2
Nalson
,
450.
much
more
in
Case
of
the
Peace
of
the
Kingdom
.
Privilege
cannot
be
pleaded
against
an
Indictment
for
any
Thing
done
out
of
Parliament
,
Ibid.
because
all
Indictments
are
contra
Pacem
Domini
Regis
.
Privilege
of
Parliament
is
granted
in
regard
of
the
Service
of
the
Commonwealth
,
Ibid.
and
is
not
to
be
used
to
the
Danger
of
the
Commonwealth
.
All
Privilege
of
Parliament
is
in
the
Power
of
Parliament
,
Ibid.
and
is
a
Restraint
to
the
Proceedings
of
other
inferior
Courts
;
but
is
no
Restraint
to
the
Proceedings
of
Parliament
.
16
Car.
1
Resolved
,
Rush
.
2
vol.
2d
Part.
1147.
That
the
Lords
voting
the
propounding
and
declaring
Matter
of
Supply
,
before
it
was
moved
in
the
House
of
Commons
,
was
a
Breach
of
Privilege
of
the
House
.
Dec.
1641.
Resolved
,
2
Nalson
,
729.
That
the
setting
of
any
Guards
about
this
House
,
without
the
Consent
of
the
House
,
is
a
Breach
of
the
Privilege
of
this
House
;
and
that
therefore
such
Guards
ought
to
be
dismissed
.
Resolved
upon
the
Question
,
Id.
743.
Nemine
Contradicente
,
That
the
Privileges
of
Parliament
were
broken
by
his
Majesty's
taking
Notice
of
the
Bill
for
suppressing
of
Soldiers
being
in
agitation
in
both
Houses
,
and
not
agreed
on
.
Resolved
upon
the
Question
,
Ibid.
Nemine
Contradicente
,
That
his
Majesty
,
in
propounding
a
Limitation
and
provisional
Clause
to
be
added
to
the
Bill
,
before
it
was
presented
to
him
by
the
Consent
of
both
Houses
,
was
a
Breach
of
the
Privilege
of
Parliament
.
Resolved
upon
the
Question
,
Ibid.
Nem.
Con.
That
his
Majesty
expressing
his
Displeasure
against
some
Persons
,
for
Matters
moved
in
the
Parliament
,
during
the
Debate
,
and
Preparation
of
that
Bill
,
was
a
Breach
of
the
Privilege
of
Parliament
.
Whereas
his
Majesty
,
2
Nalson
,
823.
in
his
Royal
Person
,
the
4th
of
Jan.
1641.
did
come
to
the
House
of
Commons
,
with
a
great
Multitude
of
Men
,
armed
in
a
warlike
Manner
,
with
Halberts
,
Swords
,
and
Pistols
,
who
came
up
to
the
very
Door
of
the
House
,
and
placed
themselves
there
,
and
in
other
Places
and
Passages
near
to
the
House
,
to
the
great
Terror
and
Disturbance
of
the
Members
then
there
sitting
,
and
according
to
their
Duty
,
in
a
peaceable
and
orderly
Manner
,
treating
of
the
great
Affairs
of
both
Kingdoms
of
England
and
Ireland
;
and
his
Majesty
having
placed
himself
in
the
Speaker's
Chair
,
did
demand
the
Persons
of
divers
Members
of
the
House
to
be
delivered
unto
him
.
It
was
thereupon
declared
by
the
House
of
Commons
,
Ibid.
That
the
same
is
a
high
Breach
of
the
Rights
and
Privileges
of
Parliament
,
and
inconsistent
with
the
Liberty
and
Freedom
thereof
;
and
therefore
the
House
doth
conceive
,
they
could
not
with
Safety
of
their
own
Presons
,
or
the
Indemnities
of
the
Rights
and
Privileges
of
Parliament
,
sit
there
any
longer
,
without
a
full
Vindication
of
so
high
a
Breach
of
Privilege
,
and
a
sufficient
Guard
wherein
they
might
confide
.
The
Lords
cannot
proceed
against
a
Commoner
,
Sleden's
Jud.
p.
84.
but
upon
a
Complaint
of
the
Commons
.
But
Note
(
as
to
Freedom
from
Suits
and
Arrests
,
)
Stat.
12
,
&
13.
Wil.
111.
that
in
the
Parliament
of
12
&
13
William
the
Third
,
an
Act
passed
,
entitled
,
An
Act
for
preventing
any
Inconveniencies
that
may
happen
by
Privilege
of
Parliament
,
Which
enacts
,
Sect.
I.
That
any
Person
may
prosecute
any
Peer
of
this
Realm
,
or
Lord
of
Parliament
,
or
any
of
the
Knights
,
Citizens
,
and
Burgess
,
of
the
House
of
Commons
for
the
Time
being
,
or
their
or
any
of
their
menial
or
other
Servants
,
or
any
other
Person
entitled
to
the
Privilege
of
Parliament
in
any
of
the
Courts
of
Record
at
Westminster
,
or
high
Court
of
Chancery
,
or
Court
of
Exchequer
,
or
the
Dutchy
Court
of
Lancaster
,
and
in
the
Court
of
Admiralty
;
and
in
all
Causes
Matrimonal
and
Testamentary
in
the
Court
of
Arches
,
the
Prerogative
Courts
of
Canterbury
and
York
,
and
the
Delegates
,
and
in
all
Courts
of
Appeal
,
from
and
after
the
Dissolution
or
Prorogation
of
any
Parliament
,
until
a
new
Parliament
shall
meet
,
or
the
same
be
reassembled
.
And
from
and
after
any
Adjournment
of
both
Houses
for
above
fourteen
Days
,
until
both
Houses
shall
meet
or
reassemble
.
And
that
the
said
Courts
respectively
,
shall
and
may
after
such
Dissolution
,
Prorogation
,
or
Adjournment
,
proceed
to
give
Judgment
,
and
make
final
Orders
,
Decrees
,
and
Sentences
,
and
award
Execution
thereon
,
any
Privilege
of
Parliament
to
the
contrary
notwithstanding
.
Sect.
II.
Provides
against
subjecting
the
Person
of
any
Knight
,
Citizen
,
or
Burgess
,
or
any
other
intitled
to
the
Privilege
of
Parliament
,
to
be
arrested
during
the
Time
of
Privilege
.
Nevertheless
allowing
the
Liberty
,
that
any
Person
,
having
Cause
Action
or
Complaint
against
any
Peer
of
the
Realm
,
or
Lord
of
Parliament
,
so
that
after
any
Dissolution
,
Prorogation
,
or
Adjournment
,
as
aforesaid
,
or
(
and
)
before
any
Session
of
Parliament
,
or
Meeting
of
both
Houses
,
as
aforesaid
,
shall
and
may
have
such
Process
out
of
the
Courts
of
King's
Bench
,
Common
Pleas
,
and
Exchequer
,
against
such
Peer
or
Lord
of
Parliament
,
as
he
might
have
had
against
him
out
of
the
Time
of
Privilege
.
And
if
any
Person
having
Cause
of
Action
against
any
of
the
said
Knights
,
Citizens
,
or
Burgesses
,
or
any
other
intitled
to
Privilege
,
after
any
such
Dissolution
,
Prorogation
,
or
Adjournment
,
or
before
any
such
Sessions
or
Meeting
of
both
Houses
ut
supra
;
he
shall
and
may
prosecute
such
Knight
,
Citizen
,
or
Burgess
,
or
other
such
privileged
Person
,
in
the
said
Courts
of
King's
Bench
,
Common
Pleas
,
or
Exchequer
,
by
original
Bill
and
Summons
,
Attachment
and
Distress
infinite
,
out
of
the
same
Courts
,
who
are
respectively
impower'd
to
issue
the
same
against
him
or
them
,
until
the
Defendant
shall
enter
a
Common
Appearance
,
or
file
Common
Bail
to
the
Action
,
according
to
the
Course
of
each
Court.
And
that
any
Person
having
Cause
of
Suit
or
Complaint
,
may
in
the
Time
aforesaid
exhibit
any
Bill
of
Complaint
against
any
Peer
of
the
Realm
,
or
Lord
of
Parliament
,
or
against
any
Knight
,
Citizen
,
or
Burgess
,
or
other
Person
so
intitled
to
Privilege
,
in
the
Chancery
,
Exchequer
,
or
Dutchy
Court
;
and
proceed
thereon
by
Letter
or
Subpoena
,
as
usual
.
And
upon
leaving
a
Copy
of
the
Bill
with
the
Defendant
,
or
at
his
House
or
Lodging
,
or
last
Place
of
Abode
,
may
proceed
thereon
;
and
for
Want
of
an
Appearance
or
Answer
,
or
for
Non-Performance
of
any
Order
or
Decree
,
or
for
Breach
thereof
,
may
sequester
the
real
or
personal
Estate
of
the
Party
,
as
is
used
and
practised
where
the
Defendant
is
a
Peer
of
the
Realm
;
but
shall
not
arrest
or
imprison
the
Body
of
any
of
the
said
Knights
,
Citizens
,
or
Burgesses
,
or
other
privileged
Person
,
during
the
Continuance
of
Privilege
of
Parliament
.
Sect.
III.
That
where
any
Person
,
by
reason
of
Privilege
of
Parliament
,
is
stayed
or
prevented
from
prosecuting
any
Suit
by
him
commenced
,
he
shall
not
be
barred
by
any
Statute
of
Limitation
,
nor
non-suited
,
dismist
,
or
his
Suit
discontinued
,
for
want
of
Prosecution
,
but
shall
from
Time
to
Time
,
on
the
rising
of
the
Parliament
,
be
at
Liberty
to
proceed
to
Judgment
and
Execution
.
Sect.
IV.
That
no
Action
,
Suit
,
Process
,
Order
,
Judgment
,
Decree
,
or
Proceedings
in
Law
or
Equity
,
against
the
King's
original
and
immediate
Debtor
,
for
Recovery
,
or
obtaining
of
any
Debt
or
Duty
,
originally
and
immediately
due
or
payable
to
his
Majesty
,
his
Heirs
,
or
Successors
,
or
against
any
Accomptant
,
or
Person
answerable
or
liable
to
render
an
Account
to
his
Majesty
,
his
Heirs
,
or
Successors
,
for
any
Part
or
Branch
of
their
Revenues
,
or
other
original
and
immediate
Debt
or
Duty
;
or
the
Execution
of
any
such
Process
,
Order
,
Judgment
,
Decree
,
or
Proceedings
,
shall
be
impeached
,
stayed
,
or
delayed
,
by
or
under
the
Colour
or
Pretence
of
Parliament
.
Yet
so
that
that
the
Person
of
any
such
Debtor
or
Accomptant
,
or
Person
answerable
or
liable
to
account
,
being
a
Peer
of
this
Realm
,
or
Lord
of
Parliament
,
shall
not
be
liable
to
be
arrested
or
imprisoned
,
by
or
upon
any
such
Suit
,
Process
,
Order
,
Judgment
,
&c.
or
being
a
Member
of
the
House
of
Parliament
,
shall
not
,
during
the
Continuance
of
the
Privilege
of
Parliament
,
be
arrested
or
imprisoned
by
or
upon
any
such
Order
,
Judgment
,
Decree
,
Process
,
or
Proceedings
.
Sect.
V.
Provided
,
That
this
Act
,
or
any
Thing
therein
,
shall
not
extend
to
give
any
Jurisdiction
,
Power
,
or
Authority
,
to
any
Court
to
hold
Plea
in
any
real
or
mixed
Action
,
in
any
other
Manner
than
it
might
have
been
done
before
the
making
of
this
Act.
Jovis
,
Bohun's
Collection
,
pag.
27.
13
Feb.
1700.
Resolved
,
That
no
Member
have
any
Privilege
in
any
Case
,
where
he
is
only
a
Trustee
.
Resolved
,
Nem.
Cont.
That
no
Peer
of
the
Realm
hath
any
Right
to
vote
in
the
Election
of
any
Member
to
serve
in
Parliament
.
And
,
Declared
by
the
House
as
a
standing
Order
,
Ibid.
That
no
Member
have
any
Privilege
,
except
for
his
Person
only
,
against
any
Commoner
,
in
any
Suit
or
Proceeding
at
Law
or
Equity
,
for
any
longer
Time
than
the
House
shall
be
actually
sitting
for
the
Dispatch
of
Business
in
Parliament
.
Martii
,
Ibid.
pag.
230.
28
Nov.
1699.
Resolved
,
That
no
Member
of
this
House
,
acting
as
a
Publick
Officer
,
hath
any
Privilege
of
Parliament
,
touching
any
Matter
done
in
Execution
of
his
Office
.