THE privileges AND practise OF PARLIAMENTS IN ENGLAND. Collected out of the Common laws of this Land. seen and allowed by the Learned in the laws. COMMENDED To the High Court of Parliament now Assembled.  
Printed. 1640.   

The principal Contents of this ensuing Discourse.  

1. THe Originell of Parliaments.  
2. The Saxons denominations of Parliaments.  
3. The French and german denominations of the same.  
4. The great difference betwixt our Parliaments and the Court of Parliaments in France.  
5. The King may call a Parliament by his Deputies, or Lieutenants, though he himself be absent in transmarine parts.  
6. The King may call and hold a Parliament before his Coronation; as also in his minority or None-age.  
7. An usurper of the crown may call a Parliament.  
8. The penalty of the sheriff, for making false returns of Knights or Burgesses.  
9. The remedy of penalty for any Archbishop, Bishop, Duke, Marquis, earl or Baron, if summoned by Writ and not coming through sickness, &c.  
10. Knights and Burgesses of the Parliament m●… take the oaths of allegiance and supremacy,  
11. The clergy of the Convocation, though necessary to be Summoned, yet no part or member the Parliament.  
12. The particular privileges of the Parliament men of Vpper and Commons. House, after summo●… and Election.  
13. The fòrme of a true Protection.  
14. Concerning the due placing of the Lords in 〈◇〉 Vpper House.  
15. The sitting of the principal Officers of State i●… the Vpper House.  
16. Concerning voices of the Vpper and Commo●… House.  
17. The Bishops haue no voices in parliament.  
18. The King cannot change the laws without co●… sent of Parliament.  
19. The Iudges or Iustices, haue no voices but 〈◇〉 expound the Law.  
20. An Abstract of some Memorable things done by Parliaments in England.    

A discourse of the privilege and practise of the high Court of Parliament in England, collected out of the Common-Lawes of this Land.  
THe most Common and best means for the preservation and Conservation at well of private as public Tranquillitie and society used in all Ages, and by all Nations, is by way of lawful Assembly, and Consultation, which wee call Parliament, to look into the necessity of public Condition, and so to fore-see seasonable remedy.  
Where no counsel is, the people fall, But where many counsellors are, there is health, Prou. 11. and 14. Tully saith. Communis utilitatis de relictio contra naturant est. The Saxons called this Court Miclegemot, the great assembly, and Witenagemot, the assembly of wise men; The latin Authors of those times called it Commune Consilium, magnacuria generalis conventus, &c. But WILLIAM the conqueror as it seemeth changed the name of this Court, and first called it by the name of Parliament. But manifest it is, that the conqueror changed not the frame or jurisdiction of this Court in any point; yea, the very names which are attributed to this Court before the Conquest are continued after the Conquest to this day. And where some do suppose, That in the Parliament holden at Westminster in the 3. Ed. 1. called Westminster the first, the word Parliament first crept in where it is called the first general Parliament by the assent, of the Arch. bishops, Bishops, Abbots, earls, Barons, and all the commonalty of the Land summoned to the same; yet it is manifest that the name of Parliament was long before that time, and for proof thereof note: 21. Ed. 3. fol. 60. and in Sir Edwards Cokes Preface to his 9th. book, where it is fully proved; That the conqueror himself did hold this Parliament, and other his mediate Successors. Although in the books of Statutes mention is not made of any Statute before Magna Charta, in the 9th. year of Hen. 3.  
And this is not that Court, which in France beareth the name of Parliament, for they are but ordinary Courts of Justice; But this is that Court which both England and Scotland agreeth in naming it Parliament, which the French call, Assemble de estates, or less estates. And the germans, A Rikes Daggh, or diet.  
Of this Court it may be said, Si vetustatem spectes est antiquissima, si dignitat em est boneratissima, si jurisdictionem est copiosissima. And as Sir Edward cook observeth in his Preface to his 9. book. This great and honourable assembly hath a Three fold end; First, that the Subject might be kept from offending, that is, that offences might be prevented, both by good and provident laws and by due execution of them. Secondly, that men might live safely in quiet; And thirdly, that all men might receive Iustice by certain laws and holy Judgement. To the end that Iustice might be the better administered, That questions and defects in Law by this high Court of Parliament: be explained and brought to certainty and judgement.  
Our sovereign King Charles in his late Proclamation calls it, The Great counsel of us and Our kingdom.  
And for somuch as this great and principal Court is the Kings Court, and the Court of the kingdom, whereof the King is supreme head and governor. neither the Lords nor the Commons can summon it nor appoint any certain time or place for the Assembly of the Parliament; For that onely doth appertain to the King to do, See the Statute 21. Ric. 2. Ca. 12. And in the Kings name onely such summons must be made as an absolute Perogatiue incident to his crown and Dignity. Like as divers things do solely belong to the King, whereof the subject hath nothing to do: as foedere Percutere to make leagues, or bellum indicere, 9. Ed. 4. fol. 6. The King onely without the Subject, may make letters of Denisation, to whom and how many he will. And the King by his Proclamation; may make any coin lawful money of England: And many other things do appertain to the King as special flowers of his crown.  
And if the King happen to be in any foreign part, yet the Parliament holden in this realm in the Kings absence must be summoned in the Kings name under the Testo of the Kings Lieutenant, as by the Statute 8. Hen. 5. Ca. 1. may appear.  
Bracton saith, Parliaments have been holden by the Kings Lieutenant Procurator or Deputy, as in the 13. Ed. 2. the King constituted Adomarum de Valentia Comitem Pembrociae custodem, regni sui,& locumsuum tenendum quamdiu Rex in partibus transmarinis moram jecerit.  
And the Kings of this Land have constituted as their Lieutenants or Deputies to summon the Parliament 3 or 4 in a Commission as in the 24, of Hen. 8, at his being at calais a Parliament was holden by Commission as followeth:  
Henricus 8 Dei gratia Angliae, Franciae, Rex fidei defensor: Dominus Hiherniae Reverendissimo in Christo Patri Edwardo Archiepiscopo, Eborac. Predolicto& sideli suo Thome Audeley Militi, dvo custodi Magni Sigilli, ac Charissimo consanguieno suo Roberto Comiti Suffex salutem: Cum Presens Parliamenium nostrum apud Civitatem nostram London 3. die Novembris Anno regni nostri vicessimo primo in Choat,& usque Westm. Prarogat,& ibidem post diversas continuationes& Prorogationes idem Parliamentum nostrum apud Westminstr. 14, diem Novembris apud Westminstr, etiam Prorogat-fuerat. Ibidem tunc tenendum nos idcirco considerante absentiam nostram a regno nostro Angliae apud Calice existent iu causis vrgentissimis nos& rem Publicam regni nostri, concernent alijsque Considerationibus nos specialitur moventibus ac de fidelitate, integritate, industria,& circumspectione vestris Plemus confidentes, de aduisamento& assensu confilij nostri assignamus vos& duos vestrum Dantes vobis& duobus vestrum plenam Potestatem, facultatem,& authoritatem, hac instant die lune ad& in quartum diem Februar. Prox, futurum vsque Westm. Predictum Proragandum& continuandum ibidem tunc teneudum. Et idio vobis mandamus quod circa premissa diligenter intendatis, ac ea informa predict, effectualiter expleatis, Damus autem universis& singulis Archiepiscopus, Episcop, Abib. Prior-Duabus, Marchionib, Commitibus, Vicecommit. Baronibus, Militib, Ciuibus, Burgensib, ac omnibus, aliis quorum interest, aut intere potent in hac parte: in mandatis quod ipsi omnes, &c. Singula in premissis omnibus singulis faciendum& exequendum intendentes fuit consulentes& obedientes prout decet. In cunis rei Testimonium has litter as nostras fieri fecimus patents, Teste me ipso apud Westm. 4. Die Novembris, anno regni nostri vicesimo quarto,  

Penals.  
And a King in possession of his kingdom during his reign may before his Coronation summon his Parliament as taking one example in a case so clear for all: King Hen, 6, was not crwoned until the 8 year of his reign, and yet in his 1, 2, 3, 4, 5, and 6, year of his reign divers Parliaments were holden,( as also our gracious sovereign King Charlescalled called a Parliament Anno, 1. before his Coronation). And summoned by him Hen. 6, as in the Statutes may appear: For it is clearly resolved by all the Iudges of England, that presently by discent he is absolutely and compleately King without any essential ceremony or act to bee done ex post facto, and that Coronation is but a royal ornament or outward solemnization of the discent, And the King is as absolute and complete a King both for matter of Iudicatorie as Graunrs, &c. both before his Coronation as he was after.  
Also the King being within age, may as well summon his Parliament as if he were at full age, as by the example was seen in the said Hen. 6. and Ed. 6. and observe the case of the duchy of Lancaster in Plowdens Commentaries, 221. 6. Where it is agreed, that the person of the King is not enfeebled by his nonage, for his person doth always remain of full age, as well to make gifts and grants as in administration of Iustice.  
And the diversity of Sex maketh no difference a●… by the Statute made in the first year of queen Mary holden by Prorogation Cap. 1. is declared.  
Also a King being in possession of his kingdom whether by rightful Title or by wrong as an usurper. He is a person able Ipso facto to summon a Parliament, as by the example holden by Hen. 6. before and after the redemption of his crown being removed there from by Ed. 4. wherein the said Edward was in his Remitter as is to be seen in Baggots assis●…, in the 9. year of Ed. 4. fol. 1. 6. & sequentium whereby it is said, that Hen: 6. was King in possession. And it was necessary that the realm haue a King under whom the laws may be holden and maintained. And therefore though he was but usurpation, yet every act Judicially done by him, which doth concern his Jurisdiction royal shall be good, and bind the rightful King his regress, and divers other Examples there are hereof. See 1 Hen. 7. fol. 3.  
In ancient times after the King had summoned his Parliament to be holden at a certain day and place, Innumerable multitudes of people did make there access thereunto, pretonding that privilege of right to belong to them, and not onely to the Lords spiritual and temporal but also to the Commonalty being Freeholders: But King Hen. 3. having had experience of the mischiefs and inconveniences by occasion of such popular confusion, did take order and restrained that over great access. So that none might come to his Parliament but those who were specially summoned, which his son Edw. 1. did carefully keep and observe, according to that ancient saying, Ad Consilium ne accesseris antequam voceris. And so ever since this special manner of summons of Parliament now used hath been put in practise. The usual form of summons for the Parliament for the commonalty, is not special, but a general Writ is directed to the sheriff of every County or Shire in England and Wales, in this form.  
Rex 'vice. N. Salutem quia de advisamento& assensum Consilij nostri quibusdam arduis& vrgentibus negatijs nos Statum& defensionem Regni nostri Angliae,& Eccles. Anglicanè concernent quandam Parliamentum nostrum apud Civitatem nostram Westm. 17. die Martij Prox. futurum teneri ordinavimus& ibidem 〈◇〉 Prelatibus magnatibus& proceribus dicti Regni nostri colloquium Habere,& tractare, Tibi precipim●… ●… rmiter iniungentet quod facta Proclamacionè in Prox. come. tuo post receptionem hujus brevis nostri tenendum dio& loco Predicto, duos Milites, gladijs tinctis magis idonios& discretos eum predict. &c. Et Electionem illam in pleno come. tuo factum dissinctè& apart, sub Si●… gillo tuo& sigillis eorum qui Electioni illi inter fuerunt nobis in Cancellariam nostram ad dictum diem& locum certifices indilate, Teste meipso, &c. vide Statut. 23. H. 6. Ca. 15.  
And concerning those of Wales to be summoned the Parliament, red the Statute thereof 27, Hen, Hen, 〈◇〉 cap. 26, entitled, an act for laws and Iustice to be ministered in Wales, in like form as it is in this Rea●… And also that other Statute made 35, Hen. 8, cap. 11 entitled an Act for the due payment of Fees and wage of Knights and Burgesses of the Parliament, in wage And thereof see in Plowdens Comitaries 120, Sir Richard Bulkleyes Case and in Dyer 13.  
And concerning those of the County Palatine 〈◇〉 Chester, and of the City of Chester in this behalf, so the Statute made 34, Hen. 8. cap. 13.  
In Anno 1, of queen Mary a great doubt 〈◇〉 moved amongst the Iustices and Serjeants, If th●… queens writ of summons of the Parliament in which the style or Title of Supremum Caput Ecclesiae Anglicanae were omitted, were good and sufficient or utterly void, &c. Because the said style is united an●… annexed by the Statute made the 26, and 35, Hen. 8 to the imperial crown of the realm, but the greater opinion was, such summons is good enough, so they said that Supremum Caput is not parcel of the queens name, but an addition, and the words in the Statute are onely in the assirmatiue and not negatively; That the style shall be of necessity so written of the queen. And this doubt was by queen Elizabeth again moved in the first Parliament and was advised and resolved by great advice and deliberation ( vt supra) see the Statute 1, and 2 of Phil. and Ma. cap. 8, And in Master Foxes Acts and Monuments so: The argument of John Hales to the contrary, cujuscunque potessima Pars est Principium, which Rule is expressed in Sir Edward Cokes 10. part 49. 1. but ibidem fol. 161. a the ancient rule is cited, qui libet potest renunciare luris Prose interductä,  
At every County after the delivery of the Parliament writ to the Sheriffes, Proclamation shall be made in the full County of the day and place of the Parliament, And that all men shall attain for election of the Knights for the same County for the Parliament, The which Knights must be resident within the same County, whereof they are to be chosen the day of the writ of summons of the Parliament, whereof every one ought to have 40, S. of Free-hold within the said County beyond all charges. And such who haue the greatest number of the said Electors, shalbe returned Knights for the same County, see 7. Hen. 4, cap. 12, 1, Hen. 6, cap. 1, 8, Hen. 6, cap. 13, and 10, Hen. 6, cap. 7.  
The sheriff may examine every one of the said Electors vpon the said Evangelists how much he may dispend by year if he doubt of the value thereof, 8. Hen. 6, cap. 15.  
The said Election shall be made in the full County between the houres of 8, and 9, before noon; 23, Hen, 6, cap. 15.  
The said Knights shall bee returned into the Chancory by Indenture sealed between the sheriff and the said Electors, 8, H. 6, Cap. 7, 7. H. 4, cap. 1, 23, H. 6. cap. 6. vt patet per breue supra.  
Every sheriff who doth not make a true return of such election of Knights to come to the Parliament recording to the Statute in that behalf made, that is to say, The Statute 8, H. 6, cap. 7, shall forfeit 100l to the King, and 100l to the Knight so chosen, who shall Commence his action within 3. moneths after the Parliament commenced. And if he so do not and prosecute his suite in effect and without fraud: Any other man who will may haue the said suite, for the said 100. as the Knight had, and costs of fuit also shall be awarded to the said Knight or other who will su●… his behalf, 23. Hen. 6. Ca. 15.  
No sheriff shall be chosen for a Knight of the Parliament nor for a burgess, see the book of Entries 411. And at a Parliament holden 38. Hen. 8. It was admitted and accepted that if a burgess of the Parliament bee made Mayor of a town, or haue judicial Jurisdiction, or another is sick, That these are causes sufficient to those others. And so was done by the Kings Writ out of the Chancery, comprehending this matter which was in Commune ●… mo Parlia menti, 7. and 38. Hen. 8.  
In every writ of Parliament directed to the She riff, this clause shall be insorted: Electionem tuam in pleno come. tuo factum distinct& apart sub Sigillo tuo& Sigillis coram qui electioni illi inter fuerunt nos in Cancellariam nostram ad diem& locum in breue Content certifices indilato: Hen. 4. Cap. 15.  
The sheriff after the receipt of the writ of Election, &c. shall deliver without fraud a sufficient precept under his seal to every Mayor, and bailiff or bailiffs where no Mayor is, of City and burrow within his County, reciting in his precept the writ of Parliament, commanding them by the said precept; If it be a City to those Citizens for the same City by Citizens, And if it be a burrow then Burgesses, by Burgesses of the same to come to the Parliament, And that the said Maior, or bailiff, or bailiffs, where no Mayor is, shall return lawfully the said precept to the sheriff: and those who made the Elections, and of the names of the said Citizens& Burgesses by them so chosen; 23. Hen. 6. Cap. 15.  
The sheriff shall make a good return of his writ, and of every return of the Mayor and bailiff or bailiffs, or bailiffs where no Maior is to him made. And if the sheriff do contrary to this Statude made for the election of Knights, Citizens, and Burgesses to come to the Parliament, he shall incur the pain of 100. pounds to the King, and shall bee imprisoned for one whole year, without bail or maine-price. And the Knight for the County returned contrary to the said Ordinances, shall loose their wages by the Statute, 8. Hen. 6. Cap. 7. And the sheriff shall loose 100. pounds to every Knight, Citizen, and burgess, chosen in his County to come to the Parliament; And not duly returned, or to any other who will sue in his default by action of Debt, with costs expended in that case: In which suite, the Defendant shall not wage Law, nor be essoined, Anno 23. Hen. 6. Cap. 15.  
If the Mayor, and bailiff, or bailiffs, or bailiffs where no Mayor is, do return others, then those who be chosen by the Citizens and Burgesses of the Cities and Borough,, where such Election shall bee made, he shall forfeit to the King 40. pounds, and so much to the Citizen or burgess chosen to come to the Parliament and not duly returned by the Mayor or bailiff; or bailiffs where no Mayor is, or to any other person who in default of such Citizen or burgess so chosen, will sue for it by action of debt with costs expended. And they shall haue a writ of debt for the said 40. pounds, in which the defendant shall not wage his Law nor shall be essoined, 23. Hen. 6. Cap. 15.  
Every Knight, Citizen, or burgess, chosen and not returned, shall Commence his action within 3. Moneths next after the commencing of the said Parliament. In which he must proceed effectually without fraud, And if he so do not, any other who will sue for it, shall haue the said Action for the said Forfeiture, and costs in the same expended: in which the Defendant shall not wage Law, nor shal be essoined; Anno 23. Hen. 6, cap. 15,  
If any Knight, Citizen, or burgess, that shall be returned by the sheriff to come to the Parliament, be after such return put out, and another put in his place, he that is in his place so put out, if he take vpon him to be a Knight, Citizen, or burgess, shall forseite to the King 100. pounds, and so much to the Knight, Citizen, or burgess, returned by the sheriff: and so afterwards put out, and the same Knight, Citizen, or burgess, so put out, shall haue an Action of debt against him so put in his place, his Executors and Administrators, and shall commence his action within 3. Moneths after the beginning of the Parliament: and if he sue not as before, any other who will shall haue the said svit; in which the Defendant shall not wage his law, nor shall bee essoined; so that such Knights of the Parliament chosen, be a Knight, or such Esquire or Gentleman of the same County, who may be a Knight, and none to be such a Knight, who stands in the Degree of a Yeoman; Anno 23. Hen. 6. Cap. 15.  
All persons and Commonalties who shall bee summoned to the Parliament, shall come as it hath been accustomend of the Ancient time: And he that cometh not having no reasonable excuse shall bee amerced, and otherwise punished as of ancient time hath been used, 5. R. 2. Statut. 2. Cap. 4.  
If any Archbishop, Bishop, Duke, Marquis, earl or Baron, be summoned by the Kings writ to come to the Parliament, and through sickness or any other infirmity he cannot make his appearance at the said Parliament, he must procure from the King his Warrant of absence, as in like case was granted to the Abbot of Eusnam in the 23 year of Hen, 8. in form following.  
H. 8. By the King.  
Trusty and well-beloved. Wee greet you well, and albeit you have monition among other Prelates of our Realm to bee present at our high Court of Parliament to bee holden: yet nevertheless wee of our especial grace considering your debility and age, bee content and by these presents Licence you to be absent from our said Parliament during the continuance, prorogation, or adiournment of the same: The said Monition, or any other writ directed to you, or Commandement given by us to you notwithstanding under our seal, signed at our Mannor of Greenwich, The 6. of january in the 23. of our reign.  
To our trusty and well-beloved in God, the Abbot of our Monastery of Eusham.  
And it appeareth to be true which Fortescue saith in his 18. Cap. Fol. 40. That Acts of Parliament and Statutes in England, are not made onely by the Princes pleasure, but also by the consent of the whole realm: So that of necessity they must procure the weal of the whole realm, and in no wise tend to their hindrance. And it cannot bee otherwise thought but that they are replenished with much wit and wisdom, seeing they are not ordained by the advice of one man onely, or of a 100. wise Councellors, but of more then 300. chosen men, which agreeth with the ancient number of ancient Senators of Rome.  
No Baron, Knight, Citizen or burgess, who shalbe chosen to come to the Parliament, shall not depart until that Parliament be ended or prorogued if he haue not licence of the Speaker, and of the Commons assembled in that Parliament, which licence shalbe entred in the book of the clerk of the parliament appointed for the Commons House, vpon pain of losing their wages, whereof all Counties and Burroughs shall be discharged, 6. Hen. 8. cap. 16.  
Concerning the due leauying of Knights Fees and wages for attendance at the Parliament, see the Statute made 23, Hen. 6. Cap. 11.  
Knights and Burgesses for the Parliament must take the Oath of Allegiance, and so shall Citizens and Barons for the five ports, for the parliament before they do enter into the parliament house Anno 5, Eliz. Cap. 1. and they must also take the Oath of Supermacie, made 7, jacobi cap. 6. Which two oaths shall be taken before the Lord Steward for the time being, or his Deputy or Deputies.  
Memorandum in the Statute made, Anno 25, Hen. 8, Cap. 19. entitled an Act concerning the submission of the clergy of the Kings majesty, is contained, that the Convocation is and always hath been and ought to be assembled by the Kings writ, The form whereof is thus set down by Doctor cowel in his Interpreter Verbo Proclam. First, the King directeth his writ to the Archbishop of each province, for the summoning of all Bishops, deans, Archdeacons, Cathedrall and Collegiate Churches, and generally all the clergy of his province: after their best discretions and judgements, assigning to them the time and place in the said writ, Then the Archbishops proceed in their accustomend course one example may show both. The Archbishop of Canterbury vpon his writ of summon received, directeth his letters to the Bishop of London as his dean provincial. First citing him peremptorily, And then willing him to Scite in like manner all the Bishops, deans, Arch-Deacons, Cathedrall and Collegiate Churches, and generally all the clergy of his Province, to the place and against the day prefixed in the writ, but directeth withall: That one Proctor sent for every Cathedrall or Collegiate Church, and two for the body of the inferior clergy of each Dyocesse may suilice, and by virtue of these Letters, Authentically sealed. The said Bishop of London sendeth the like Letter; severally to the Bishops of every diocese of the Province, citing them in like manner, and commandeth them not onely to appear, but also to admonish the said deans and Archdeacons, personally to appear, and the Cathedrall and Collegiate Churches, also of the common clergy of the Dyocesse, to sand their Proctors at the day appointed in the Writ: And also will them to certify the Archbishop, the names of all and every one so summoned by them, in a schedule annexed to their Letters Certificatorie. The Bishops proceed accordingly, and the Cathedrall and Collegiate Churches: as also the clergy make choice of their Proctors, which done and certified to the Bishop, he returneth all answerable to his charge, ( Cave lector) for the clergy of the Convocation house, are no part or member of the Parliament: as you may see resolved by the Lord Richard Lord Windsor, and others; in the beginning of the sixth Examination of Master Philpot, in the beginning of the reign of queen Mary: in Master Foxes book of Martyrs, Fol. 1639. contrary to the opinion of Doctor cowel, ubi supra. nevertheless it is enacted by the Statute 8. Hen. 6. Cap. 1. That all the clergy called to the Convocation House by the Kings writ, and their servants and familiars shall haue and fully use every such liberty and defence, in coming, abiding, and going, as the Great men and commonalty of the Land( to bee called to the Parliament of the King) shall haue.  
And because mention is here made of the privileges appertaining to those of the Parliament house; take here a word or two thereof. The Words of the Statute made the 11. Hen. 6. cap. 11. are as followeth: The King willing to provide for ease and tranquillity of those that come to his Parliament: Hath ordained and established, That if any assault or affray be made vpon any Lord spiritual or temporal, Knight of the Shire, Citizen or burgess, coming to the Parliament, or the council of our sovereign Lord the King. That then Proclamation shall be made, in the most open place of the City or town where the affray was so made, by 3. several dayes, That the party that made such affray and assault, yield himself before the King and his Bench, within a quarter of a year after the proclamation so made, if it be in the time of the term, or otherwise in the next day in the time of the term following the said quarter. And if he so do not, that he bee attained of the deed, and pay to the party grieved his double damages, to bee taxed at the discretion of the Iustices of the same Bench for the time being, or by inquest if it be needful: and make Fine and ransom at the Kings will, and if he come and be found guilty by inquest, examination or otherwise of such affray or assault, then he shall pay unto the party grieved thereby, his double damages found by the Inquest, or to be taxed by the discretion of the Justices, and make Fine and ransom at the will and pleasure of our sovereign Lord the King.  
Every Knight, Citizen, burgess, Baron of the Five Ports or others, called to the Parliament of the King; Shall have privilege of the Parliament during the Sessions of Parliament, so that he that doth arrest any of them during that time, shall bee imprisoned in the Tower by the Nether House, of which he is and shall be put to his fine and the Keeper also, if he will not deliver him when the sergeant at arms doth come for him by the commandement of the house whereof he is: See Dyer, 60.  
The servants attending vpon their Masters during Parliament who are necessary, and also such Officers as bee attending vpon the Parliament, as the sergeant at arms, the Porter of the door, clerk and such like, and in the same manner of their chattels and goods necessary, so that they shall not bee arrested nor taken by any Officer, if it be not in case of felony or Treason, in the same manner, as the Iudges and Ministers of other Courts shall have for their servants, goods and chattels necessary, see Cromptons Courts, fol. 11. a.  
But the Parliament doth not give privilege Tempore vacationis said Scedente curia. See Brooks Title privilege, 56. It appeareth that in the Parliament 31. Hen. 6, in the vacation, the Parliament being continued by prorogation, Thomas Thorpe the Speaker was condemned in a Thousand marks, damages by an Action of trespass brought against him by the Duke of york, and was committed to prison in Execution for the same, and after when the Parliament was re-assembled the Commons made suite to the King and Lords to haue Thorpe their Speaker, delivered for the good exploit of the Parliament: whereupon the Dukes council declared the whole cause at large, whereupon the Lords demanded the opinion of the Iudges, whether in that case, Thorpe ought to bee delivered out of prison by privilege of Parliament; The Judges made this answer, that they ought not to determine the privilege of that high Court of Parliament: But for Declarations of proceedings in Law, Courts in case where writs of Supersedias for the privilege of the Parliament to be brought unto them, they answer; That if any person that is a member of the Parliament be arrested in such case as it be not for Treason or felony, or for surety of the Peace, or for condemnation had before the Parliament. It is used that such persons be released and may make Attorney, so as they may haue their freedom and liberty freely to attend that Parliament: Hereupon it was concluded, That Thorpe should still remain in prison according to the Law. Notwithstacding, the privilege of Parliament, and that he was the Speaker, which resolution was declered to the Commons by Walter moil one of the Kings Serjeants ●… t Law, and then the Commons were commanded in the Kings name by the Bishop of lincoln, in the Absence of the Arch-Bishop of Canterbury then Chancellor, to choose another Speaker.  
It hath been much doubted whether one taken in Execution during the Parliament, may b set at liberty by writ of Parliament, as is to be serne in the first of Eliz. 4. Fol. 8. a, Dyer, 6●…. But at this day the Law is explained in that case by the Statute made, 1. lacob Cap. 19 entitled 〈◇〉 a●… t for new execution to be si●…ed against any who shall here after be delivered out of prison by privilege of Parliament. And for discharge of them out of whose custody such prisoners shall be delivered.  
The form of a Protection to be made by any person of either House of Parliament, unto such of their Servants as may stand in danger of Arresting in time of Parliament.  
Whereas by the ancient privileges laws and customs of this realm heretofore used and approved. The Lords spiritual and temporal, the Knights, Citizens and Burgesses of the Parliament, have always had their servants and followers privileged and free 〈◇〉 any molestation, trouble, arrest or imprisonment, for some certain dayes, both before the beginning and after the 〈◇〉 of the same. And where is at this time a 〈◇〉 is summoned where myself being a Baron and peer of the realm( or Knight, or burgess) 〈◇〉 to make my appearance, I understand not, 〈◇〉 that you or some of you have now in your 〈◇〉 〈◇〉 〈◇〉, Writ or 〈◇〉, to modest, ar●…, 〈◇〉 〈◇〉. B. my 〈◇〉 〈◇〉 in ordinary, whose attendance I haue special cause to use and employ in matters which do much concern and import my estate, and other occasions to be followed and solicited by him during this Sessions of Parliament. These are therefore to Charge and Command you, and every one of you, both to withdraw the same process, Writ or Warrant, if any such bee; As also, if thereby you or any of you, haue molested, arrested, or imprisoned him the said J. B. within the compass of the foresaid dayes of privilege; That the●… vpon sight hereof, you presently set him at liberty, as you or any of you will answer the contrary. Given under my hand and Scale the 16. day of Februa, ry, 1627.  
To all Maiors, Sheriffes, bailiffs, Sergeants, Knights, Marshals-men, and all other his Majesties Officers.  
R. S. The form of a Letter directed to the sheriff of I. for discharge of a Seruant that is Arrested vpon Execution, and during the time of the Parliament notwithstanding his Protection.  
Mr. sheriff, whereas I was to be attended to the Parliament, I wanted one of my household servants, a Gentleman of mine, called B. to whom I had given a privilege for this Session of Parliament, to prevent any arrest or imprisonment for his debts, to the end he might wait on me and prosecute my business with more diligence and less danger of Interruption in that kind. But I now understand he is in the Custody of the sheriff of Middlesex, within the dayes limited vpon an Execution of 1000. pounds, And that he doth detain him and will take no notice of my privilege under my hand and Scale, although it hath been shewed him: I haue chosen rather to writ to you then to take the Ancient privileges and liberties of the uppermost House of Parliament, and the honour of a peer of this kingdom into your friendly consideration, then that I would be often siue to any of your subordinate Officers, in sending for them and the plaintiff by a sergeant at arms, or to convent them before the Lords for their contempt. And Mr. sheriff, I am further given to understand, that the Deputy is brother to the under. sheriff, and that he did execute the Office the last year, which is a plain defrauding of the Law, not being three yeares betwixt them, being well known that his brother doth not intermeddle in the Office at all, nor taketh any notice at all what warrants are made forth in his name, or of what writs are brought to his hands, for his deputy doth take the whole benefit of the place into his own hands. And by this means the under sheriff being in Glocestershire, he hath a colour as his Deputy not to take notice of our privileges being directed to the sheriff; herewith I thought good to acquaint you, expecting your answer and the release of my Seruant, otherwise, I purpose not to loose the privilege of a peer of the realm. whilst it concerns our honour. And is no indemnity to the plaintiff, whose Iudgement and Execution is in as much force and strength, by a late Statute to take hold of B. afterwards us it was before.  
Concerning the vpper house of Parliament: first it is observed, that thither cometh all Lords of the Parliament as well spiritual as temporal, and they are summoned by the Kings writ also, but Separatim, and not by a general writ to the sheriff of the County, as the Commons are summoned who are of the lower house of the Parliament, the form of which writ is as followeth.  
〈◇〉, &c. Charissimo consanguineo suo comiti 〈◇〉 〈◇〉 de aduisamento& assensu confilij nostri, Pr●… 〈◇〉 〈◇〉& vrgentibus negotijs nos Stat,& 〈◇〉 〈◇〉 Regni nostri& Eccles. Anglicanis con●… 〈◇〉 quandam Parliamenium nostrum apud Civitate nostrum West●… 1●…. dic Mar●…, Prox. futur, 〈◇〉 〈◇〉 〈◇〉,& ibidem vobisc●… ac cum Prelatibus 〈◇〉 ●…& proctrivus dicti Regni nostri Col●… habere& tra●… are; vobis sub side& legeancij quibus nobis ●… num ●… iter injug●… nius Mandamus quad considerationem ●… rum negotiorum arduate& pericults in mentibus 〈◇〉 executione quicunque dic●… die& 〈◇〉 personaliter intersitis nobiseum, ac cum Prolatibus magnatibus& pre●… bus supradictis negoti●… 〈◇〉 vestrumque consilium impensur. Et hoc sicut nos& ●… norem nostram,& rempublicam,& saluati enum,& defensionem Regni& Ecclesiae, predict expedetionemque negotiorum dictorum diligitis nulla te●… 〈◇〉. Teste me ipsu apud Westm. 18. die january Anno Regni nostri, &c.  
At the first day appointed by the King for the Parlia ment usually the King in person doth ride thither as it were to open the door of their Authority, attended by all the Lords spiritual and temporal in their Parliament robes. But if the King be let per E 〈◇〉 or by other Causes, his Majesty may command the adjornment of the Parliament to be held at some other day at his pleasure, as was done at the first day of the Parliament holden the first year of the late queen Eliz. as appeareth in Dyer, Fol. 20. 3. a. When Parliament was prorogued by writ Patent, under their entire great seal and 〈◇〉 with the hand of the Queens: by which book the printed book of the Statutes may be corrected.  
And the King may under his great seal assign 2. or 3. of the Lords of the Parliament to supply his place in Parliament, if he be sick, or will not come for any other cause, vt sactum fuit, Anno 31. Eliz, At which time the Archbishop of Canterbury, The Lord Treasurer of England, and the earl of Derby, were Commissioners, under the great Scale appointed and assigned to represent her Majesties person in Parliament,  
And they do sit ono space lower from the Cloath of Estate in the Parliament House, See Cromptons courts. Fol. 12. a.  
By the Statute made Anno 23. Hen. 8. Cap. 21. It is thus defaced, the Assent of the King by his Letters Patents under the great seal of England, and signed with his hand and notefied in his absence to the Lords of the Parliament, and Commons assembled in the higher House, is and ever was of as good force and strength as if the person of the King had been there present; and had assented openly and publicly to the same. And such royal assent as is aforesaid shall be taken, for good and effectual to every intent without any ambiguity of custom or usage to the contrary notwithstanding.  
In this Court is attending, The Lord Chancellor of England, or the Lord Keeper of the great seal, or some other ●… ge man as the King shall choose. By whom the King doth show his mind to the Lords. And he doth put them in remembrance of those things whic are to be treated there before the Lords, who if he bee no Baron, or peer of the realm, sitteth near the King behind the cloath of Estate, And is as the Speaker of the vpper house of Parliament.  
In the 31' year of Hen. 8. Cap. 10. entitled an Act concerning placing of the Lords in the Parliament Chamber, and other assemblies and conferences of counsel. It is enacted as followeth. For as much as in all great Counsels and Congregations of men having sundry degrees in the Common wealth, it is very requisite and convenient, that an order be had and taken for the placing and setting of such persons as are bound to resort to the same; To the intent that they knowing their places, may use the same without displeasure or let of the Couneell: Wherefore the Kings most royal Majesty, although it appertaineth to his prerogative royal to give such honor, places and reputation to his Councellors and other his subjects as shall seem best to his most excellent Majesty, He is nevertheless pleased and ●… ented for an order to be had and taken in this his most high Court of Parliament, That it shall be enacted by authority of the same, in manner and form as hereafter followeth.  
First, it is enacted by authority aforesaid, that no person or persons of what estate, degree or condition soever he or they be of( except onely the Kings Children) shall at any time hereafter attempt or presume to sit, and haue place at any side of the Cloath of State, in the Parliament Chamber, neither of th'one hand of the Kings Highnesse, nor on the other: whether the Kings majesty be there personaelly present, or absent, And for as much as the Kings majesty is justly and lawful supreme head in Earth, of the Church of England, under God. And for the exercise of the said most royal Dignity and Office, hath made Thomas Lord cronwell, and Lord privy seal, his Vicegerent, for good and due ministration of Iustice to be had and used in all Causes and Cases touching the ecclesiastical jurisdiction, and for the godly reformation and redress of all Errors, Heresies, and abuses in the same Church. It is therefore enacted by authority aforesaid, That the said Lord cronwell, having the said Office of Vicegerent, and all other persons who shall hereafter haue the said Office of the grant of the Kings Highnesse, his heires and Successors, shall sit and be placed as well in this present Parliament, as in all Parliaments what soever hereafter to be holden, on the right side of the Parliament Chamber; and on the same form that the Archbishop of Canterbury sitteth vpon; and above the said Archbishop and his Successors, and shall haue place in every Parliament to assent or dissent, as other the Lords of the Parliament.  
And it is enacted, that next to the said Vicegerent shall sit the Archbishops of Canterbury and york, and then next him on the same form and side the Bishop of London, and next to him on the same form and side the Bishop of Duresme, and next to him, on the same form and side, the Bishop of Winchester: and then all the other Bishops of both Provinces of Canterbury and york shall sit and be placed on the same side after their ancienties, as it hath been accustomend.  
And for as much as such persons as now haue, or hereafter shall happen to haue other great Offices of the realm, That is to say, The Office of the Lord chancellor, Lord Treasurer, Lord President of the Kings council, The Lord privy seal, The Great chamberlain of England, The Marshall of England. The Lord admiral, The Grand Master or Lord Steward of the Kings most honourable household; The Kings chamberlain, and the Kings Secretary, haue not beretofore been appointed and ordered for the placing and sitting in the Kings most high Court of Parliament, by reason of their Offices, It is therefore now ordered, and enacted by authority aforesaid, That the said Lord chancellor, Lord Treasurer, the President of the Kings council, and the Lord privy seal, being of the degrees of Barons, or above, shall sit and be placed as well in this present Parliament, as in all other Parliaments hereafter to be holden in the left hand of the Parliament Chamber, on the higher part of the form on the same side, above all Dukes( except onely such as shall be the Kings son, the Kings Brother, the Kings uncle, the Kings Nephew, or the Kings Brother or Sisters sons.  
And it is also ordained, and enacted by authority aforesaid, That the great chamberlain, the Constable, the Marshall, the Lord admiral, the Grand Master or Lord Steward, and the Kings chamberlain shall sit and be picked after the Lord privy seal, in manner and form following, That is to say; every of them shall sit and be placed above all other personages being of the same estate or degree, that they shall happen to be of; That is to say, the Great chamberlain first, the Constable second, the Marshall third: the Lord admiral fourth: the Grand Master or Lord Steward sift, and the Kings chamberlain the sixth.  
And it is also enacted by authority aforesaid, That the Kings chief Secretary, being of the degree of a Baron of the Parliament, shall sit and be placed above and before all other Barons, not having any of the Offices afore remembered, and if he be a Bishop, That then he shall sit and be placed above all other Bishops, not having any of the Offices above remembered.  
And it is also ordained and enacted by authority aforesaid, That all Dukes not before mentioned, Marquisses, earls, Viscounts, and Barons, not having any of the Offices aforesaid, shall sit and be placed after their ancientic, as it hath been accustomend.  
And it is further enacted, that if any person or persons which at any time hereafter shall happen to haue any of the Offices aforesaid, of Lord chancellor, Lord Treasurer, Lord President of the Kings counsel, Lord privy seal, or chief Secretary, shall be under the degree of a Baron of the Parliament; By reason whereof they haue no interest to give any assent or dissent in the said house: That then in every such Case, such of them as shall happen to be under the said degree of ae Baron, shall sit and be placed at the uppermost part of the sacks, in the midst of the Parliament Chamber, either there to sit vpon one form, or vpon the uppermost sack: The one of them above the other in order as 〈◇〉 above rehearsed.  
Be it also enacted by authority aforesaid, that in all trials of Treason by peers of this realm: If any of the peers that shall be called hereafter to be triers of such Tredson, shall heppen to have any of the Offices afore said, That then they having such Offices, shall fit and be placed according to their Offices, above all th'other peers that shall be called to such trials, in manner and form as is above mentioned and rehearsed.  
And it is also enacted by authority afore said; That as well in all Parliaments, as in the star-chamber, and in al other Assemblies, and Conferences of Councoll: The Lord chancellor, the Lord Treasurer, the Lord President; the Lord privy seal, the Great chamberlain, the Constable, the Marshall, the Lord admiral, the Grand Master or Lord Steward, the Kings chamberlain, and the Kings chief Secretary, shall sit and be placed in such order and form as is above reharsed, and not in any other place, by authority of this present Act.  
And in Sir Edward Cokes 11. part, fol. 1. The cause concerning priority of place in the vpper house of Parliament was as followeth, at the Parliament held the 39. Eliz. The case was thus:  
Thomas Lawarre Knight, Lord Lawarre, son and heir of William, son and heir of George, broth and heir of Thomas, son and keire of Thomas Lord Lawarre, exhibited his petition to the queen to this effoct, That whereas Thomas the Great-grand-father was called to Parliament by Writ of Summons, 3. H. 8. and afterwards this Thomas the Great-grand-father dieth; After whose death, Thomas his son, was called to divers Parliaments by Writ of Summons. And afterwards by act of Parliament 3. E. 6. for divers causes in the said act mentioned, it was enacted. That the said William during his life, should be disabled to claim or enjoy any dignity or superiority, in any right, estate, &c. by discent, remainder, or otherwise. And afterwards the said Thomas the sonné of Thomas dieth; after whose death the said William being disabled, was not called to any Parliament, by writ of Summons, ●… ill queen Elizabeth called him to Parliament by writ of Summons, and sitteth as youngest Lord of the Parliament: And afterwards lye death, and now the said Thomas his son being called to Parliament by writ of Summons, ●… th to the queen that he may haue place in Parliament, of his Great-grand-father( that is to say) between the Lord Berkley and the Lord Willoughby of Eresby: And the said petition was indorced in these words; Her Majesty hath commanded me to signific to your good Lordships, that vpon the humble suite of the Lord Lawarre, show is pleased that the matter shall be considored and determined in the House.   

Robert cecil.  
Which petition being red in the vpper house of Parliament: The consideration of this was referred and committed to the Lord Burley, Lord Treasurer of England, and divers other Committees, who at his Chamber at Whitehall heard the learned council on both sides, in the presence of the two chief Justices, and divers other Iustices: And two objections were made against the Lord Lawarre: first, insomuch that his Father was disabled by act of Parliament to claim the dignity: The petitioner may not convey by him who was disabled, as heir to his Great-grand-father, and by consequence he may not have the place of his Great-grand-father.  
But it was resolved by all the Iudges, That there was a difference between a personal and a Temporary disability, and absolute and perpetual disability: As whereas one is attainted of Treason or felony; this is absolute and perpetual disability by corruption of blood, for any of his posterity to claim any hereditament in Fee simplo, either as heir to him, or any other: But disability by Parliament without any Attainder, to claim the dignity for his life; That is personal disability for his life onely, and his heires after his death may claim as heir to him, or any other Ancestor above him: The second objection is, that the said William hath accepted new Creation of the queen; which dignity newly gained, descendeth to the petitioner which may not wave: and for that the Petitioner may not have other place then his Father had.  
To this it was answered and resolved, that th'acceptance of a new Creation by the said William, may not hurt the Petitioner, because the said William was at that time disabled, and in truth he was no Baron, but onely an Esquire; so that when th'old and new dignity descended together, th'old shall be preferred: which resolution was well approved by all the Lords Committees, which was accordingly reported to all the Lords of the Parliament, and allowed by them all: whereupon it was ordered by the Lords, that the Queen should be acquainted with this by the Lord Keeper, which was done accordingly.  
Whereupon at the said Parliament, the Lord Lawarre in his Parliament Robes, was by the Lord Zouch supplying the place of the Lord Willoughby, within age at that time; And the Lord Berkley also in his Robes, brought into the house, and placed in his said place( that is to say) next after the Lord Berkley, Garter King at arms attending vpon him, and doing his Office.  
In the vpper house of Parliament doth sit the Justices vpon sacks of wool, in medir Camere; who are called thither by the Kings Writ, quod personaliter inter sitis nobiscum ac cum ceteris de consilio nostre predict is negotiis, tractat vestrumque consilium impensurum: And this negotia be Ardua& vrgentia negotia Regni, &c. And their oath amongst other things is, that they shall counsel the King truly in his business, but they haue no voice among the Lords.  
If the Reader be desirous to see particular cases happening in Parliament, wherein the opinion of the Iudges there had been recreated: And how their opinions delivered in Parliament ought to be regarded, he may read at large in Egertons post●… nati. fol. 16. & sequentum.  
If a Writ of Error be brought in Parliament vpon a Iudgement given in Kings Bench; The Lords of the Higher house onely, without the Commons are to examine the Errors, and that is by th'advice and counsel of the Iudges, who are to inform them what the Law is, and so to direct them in their Iudgement, and if the Iudgement be reversed, then commandement is to be given to the Lord chancellor to do execution accordingly. And so was done in the 7. of R. 2, in a Writ brought in Parliament by the dean and Chapter of Litchfeild, against the Prior and Covent of Newport panel, as appeareth by the Record. And if the Iudgement be affirmed, then the Court of Kings Bench are to proceed to execution of the Iudgement, as appeareth in Howerdewes case, 1. H. 7. fo. 19.  
But it is to be noted, that in all such Writs of Errors, the Lords are to proceed according to the Law, and for their judgement therein, they are informed and guided by the Iudges, and do not follow their own opinions, or discretions. See Egertons post●… nati fol. 23.  
There doth also sit the Secretaries of estate, who are to answer such Letters or things passed in the council whereof they have the keeping; And with them the Master of the rolls; But they have no voice in Parliament, if they be not of the degree of a Baron.  
Note by Kirby, clerk of the rolls of the Pariliament: It is thus in the books of the Law, the 33. H. 6. cap. 17. If a Bill come first to the Commons, and they do pass it; then the use is to endorse it in this form, Soyt bail a seigneures: And then if the Lords nor King do not alter the Bill, then it shall be inroled by the clerk of the Parliament: and if the Bill pass, then it shall be Inroled, but if it be a particular Bill, then it shall be filled vpon filaces, and that shall suffice, unless the party whom it particularly concerns will sue to haue it Inroled, that it may be Inroled to be sure.  
If the Lords will alter a Bill, sent to them from the Commons house, in a thing that may stand with the Bill, they may do so without remanding to the Commons. And if the Commons do grant damage for four yeares, and the Lords will grant it but for two yeares, this Bill shall not be delivered again to the Commons: But if the Commons do grant but onely, for two yeares, and the Lords do grant it for four yeares, then the Bill must be remanded up to the Commons, and in that case the Lords must make a schedule of their intent, or else endorsed in this form, less seigneures se assent pure durar pure quater anne: And when the Commons have the Bill again, if they do not assent to it, then it is no Act or Statute; and if the Commons do consent, then they do endorse their answer vpon the margin within the Bill in a certain form.  
And then it shall be delivered unto the clerk of the Parliament, vt supra.  
If the Bill be first delivered to the Lords, and the Bill doth pass them, they use not to make any endorsement, but to sand the Bill to the Commons, and if it ●… sse them also, it is used to be thus endorsed, less Com●… ones fout assentant, &c. And therefore if John at style lye attainted of trespass by Parliament, if he do not come in by such a day, he shall forfeit such a sum. And the Lords do give a longer day, if it do not come to the Commons again, it is no Act or Statute, because it was not remanded again to the Commons after the enlargement of the day given by the Lords.  
Every Bill that doth pass the Parliament in both Houses, shall have relation to the first day of the Parliament: And the use is, not to make mention what day the Bill was delivered into the Parliament: If no day be specially appointed by the Statute, when it shall Commence: As if one Parliament be holden by divers prorogations, Plowdens Commentaries fol. 79. a. 6.  
If a Parliament do Commence before pentecost, and hath continuance after pentecost, and the Commons do agree to a Bill after pentecost, and in the same do give day till pentecost next coming; and the Lords do so also, because the Bill shall have no relation the first day of the Parliament. Therefore if it be not prevented, it shall be taken for that pentecost that is past at that Sessions, whereas th●… intent of the Lords and Commons was, that it should be a future pentecost after that pentecost mentioned in the Bill. See brooks Prerogatives and Parliaments. 4.  
The Barons in the vpper house of Parliament may 〈◇〉 some cases give their voices by procuracie, not so 〈◇〉 the Commons house, and those proctors must be Barons, and of the Higher house of Parliament. But in the Commons house of Parliament it is otherwise, for the clerk of the Parliament take the notice of the most ●… ands or voices sounding at once. And therefore if 〈◇〉 their assent be issuable, the clergy may say Per majorem-numerum generalis. So in case of Election of Crowner or a Knight of the parliament. See Plowdens Commentaries. 126, a.  
All the privileges which do belong to those of the Commons house of parliament: a fortiori do appertait to all the Lords of the vpper house; for their, persons are not onely free from arrests during the Parliament, but during their lives, nevertheless th'originall cause is by reason they haue place and voice in Parliament: And this is manifest by express authorities grounded vpon excellent reasons in the books of Law.  
And if a Baron, Viscount, earl, marquis or Duke, of England bring any action real or personal, and the defendant pleadeth in abatement of the Writ, That h●… is no Baron, Viscount, earl, &c. And thereupon the demandant or plaintiff pleadeth in abatement of the Writ, and taketh issue; This Issue shall not be tried by a Jury, but by the Records of the Parliaments wh●… ther he or his ancestors, whose heir he is, were called to serve there as a peer, or one of the Nobility of the realm, See sir Edw. Cokes 6 part. 53.& part. fol. 17. a.  
In the ancient Britanes and Saxons Kings dayes, the Archbisheps and Bishops were called to their Parliaments, or other assemblies of State; which was do●… not so much in respect of their tenors, for in those dayes all their tenors were Francki Almonage, but especially because the laws and councils of Men were then most currant and commendable, and had a morblessed issue and success, when they were ground vpon the fear of God, the root and beginning of wise doom. And therefore our wise and religious Ancestor called thither those chief and principal persons 〈◇〉 the clergy, who by their place and possession, by the●… gravities, learning and wisdom might best advice them, what was the law of God, his acceptable will and pleasure: That they might from their human laws answerable, or at the least not contrary or repugnant thereunto. nevertheless shortly after the Norman Conquest, the conqueror altered the tenor of the bishoprics, not without some complaint and grief of the clergy, as it is mentioned in matthew Paris, Anno 1070.  
And in the Constitutions of Clarendon, in the time of H. 2. Anno 1164. It is expressed in the eleventh Article.  
Thereby we see the presence of the Bishops in Parliament, in respect of their Baronies, quousque Perueniatur addimiaicionem, &c. for so even unto our times, when question is had of the Attainder of any peer, or other in Parliament; the Archbishops and Bishops depart the higher house, and do make their Proctors; for by the decrees of the Church, they may not be Judges of life and death. Ever since the Conquest the Archbishops and Bishops haue no title to have place and voice in Parliament, but onely in respect of their temporal Baronies.  
And it is to be observed, that although of latter times the use and manner of pening of Satutes, is that it is enacted by the Lords spiritual and temporal, and the Commons in the same assembled: yet the ancient form was not so, which you may see exemplified in Sir Edward Cokes 8. part. fo. 19.  
And good Acts of Parliaments may be made, though the Archbishops and Bishops would not consent thereunto: for a Statute was made Anno 1196. by the King, the Barons, and the Commons ( Clero excluso:) And this was at a Parliament holden at Saint Edmundsbury, in the reign of E. 1. as it is reported by jewel Bishop of Salisbury against Harding. fo. 620. And in the province of Mirton, in the time of H. 8. 1272, a matter was moved of Bastardy, touching the legitimation of Bastards, born before Marriage; where it is said, That the Statute did pass entirely with the Lords temporal, against the wils of the Lords spiritual: which Statute is in the books in the 20 year of H. 8. 3. c. 9.  
And in the 11. year of R. 2. cap. 3. It is enacted, that the appeals, Pursuits, Accusements, Processes, judgements, and Executions, made and given in this present Parliament, be approved, affirmed and established; as a thing duly made for the weal and profit of the King our sovereign Lord, and of all the realm, notwithstanding that the Lords spiritual and their procurators did absent themselves out of the Parliament, the time of the said Judgement given, for the honesty and salvation of their estates, as it is contained in a protestation made by the Lords spiritual; and their procurators delivered in this present Parliament.  
See Kelbaucyes book, fo. 184. in the 7. H. 8. The Iustices did say, that our sovereign Lord the King may well hold his Parliament by him and his temporal Lords, and by the Commons also, without the spiritual Lords, for the spiritual Lords have not any place in the Parliament Chamber, by reason of their spiritualties, but onely by reason of their temporal possessions.  
The sovereign power of this high Court of Parliament is this; That albeit the Kings majesty hath many great privileges and prerogatives, yet many things there are, not effectual in Law, to pass under the great seal by the Kings Charter without Parliament: as vpon this point it was resolved by all the Judges in the Princes case, That the dukedom of cornwall, &c. did not, nor could pass from E. 3. by his Charter made in Parliament; That his son and heir apparent, and to his heires inform, as it was intended and made in Anno 11. of his reign. But of necessity it was, and so was done by authority of Parliament: which Case is notable and worth the reading. See Sir Edw. Cokes 8. part. fo. and his 7, part. fo. 7. a. The King by his Letters Patents may make a division but cannot naturalise him to all purposes, as an Act of Parliament may do; for the Kings Charter cannot make any hereditable, in this case, that by the common laws cannot inherit. And herewith agreeth the 36. of H. 8. denizen brook.  
Bracton in the beginning of his second book, saith; Nihil aliud potest Rex in terris cum sit dei minister& vicarius quam quod de jure potest: and a little after, Itaque Potestas sua est juris non injuria& sicut sit author juris non debet ind Injuriam nasci occasio vnde jura nascuntur.  
And it appeareth in Fitzharberts natura Breuium 222 in the Writ ad quam damnum, that every grant of the King or gift, hath his condition expressed or employed, as by the Law annexed to it; Itaque quod per adonationem illam patria magis solito non overetur sui grauetur.  
And therefore it was resolved by all the Iudges 4. jacobi, that they who dig for saltpeter, may not dig within the Mansion house of any Subject, without his assent, for the manifest inconveniences that thereby may grow to the owner of the house. See Sir Edward cook 11. part. 82.  
Also the Commission to be made, the purveyors for Timber, for the Kings. use; yet they cannot by that authority make Timber Trees growing vpon any mans Freehold: for that is prohibited by Magna Carta ca. 21. nos necballi●… i nostrinec alij capemus boscum alienum ad castra vel ad alia agenda nostra nisi per voluntatem cuius boscus ille fuerit.  
A Commission was awarded to take singing Boyes in Cathedrall Churches, or in other places where such are instructed for the furnishing of the Kings Chap. pell; these general words by construction shall haue a reasonable understanding: That is to say, such children who be taught to sing, thereby to acquire or get their livings, such may be taken for the Kings service; But the son of a Gentleman, or any other, who is taught to sing for his recreation, ornament, or delight, may not be taken against his will, or against the will of his parents, or friends, and so it was resolved by all the Iudges, and whole Court of star Chamber 43. Eliz.  
If a man be attainted of Felony or Treason, by Verdict, Outlary, 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 the King may give to any attainted person his life, by this Charter of Parliament. See Stamfords pleas 195. For the King cannot alter the CommonLaw, or the general customs of the realm, such as the discent of Gauill kind, Borough, English, or such like, without Parliament. See Brooks prerogative 15.& 11. H. 4. c. 73.  
And it is set down for a rule; That if a King haue a kingdom by discent there, seeing by the Law of that kingdom he doth inherit that kingdom, he cannot change those laws of himself, without consent of Parliament.  
Fortesough also saith in his 9, c. fo. 25. 6. If the power of the King over his Subjects were royal onely, and not politic, then he might change the laws of the realm, and charge his Subjects with Tallages and other Burdens, without their consent. And such is the dominion of the Civil Law purports, when they say, quod priueipi placuit legis hahet vigorem. But by the laws of this kingdom, the King cannot by his Proclamation alter the Law; But the King may make proclamation that he shall incur the indignation of his majesty, that withstanding it. And by his absolute authority, the King may commit ony one to prison during his pleasure, see Stamford 72. But the penalty of not obtaining his proclamation, may not be vpon pain of forfeiture of his goods, his Lands, or his life without Parliament. see Cromptons Courts 14. a.& 16. 6. said omnes non capit hoe verbum: for they of another profession in Law say, that of these two, one must needs be true, that either the King is above the Parliament, that is the positive law of the kingdom; or else, that he is an absolute King, arrest. leb. Plict. c. 16. And therefore though it be a merciful policy, and also a politic mercy; not alterable without great peril, and to make laws by the consent of the whole realm, because no one party shall have cause to complain of a partiality, yet simply to bind the King to or by those laws, were repugnant to the nature and constitution of an absolute Monarchy.  
In some special cases there sometimes may be liking of Subjects without land of possession, as in the government which Moses had over the children of Israel; in the wilderness, and in the case which Sir John Popham, the late Lord chief Iustice, did put in the Parliament, If a King and his Subjects be driven out of his kingdom by his Enemies, yet notwithstanding he continueth still King over his subjects, and they still are bound to him by their bonds of allegiance, wheresoever they be: But he cannot be a King without Subjects, for that were Imperium inbellans& Rex& Subditae sunt relatiua,  
I believe Salomon that saith, per me reges regnant& Principes insta dicerunt, and I make no doubt, but as God ordained Kings, and hath given laws to Kings themselves, so he hath authorised and given power to Kings to give laws to their Subjects, and so Kings did first make laws, and then ruled by their laws, and altered and changed their laws from time to time as they saw occasion, for the good of themselves and of their Subjects.  
By the premises it appeareth, that Acts of Parliament and Statutes are made in this high Court of Parliament by the King, with the consent of the Commons, or by the greater part of them, for so saith Littleton in the 15. E. 4. fo. 2. a.  
In the Parliament, if the greater part of the Knights of the shire do assent to the making of an Act of Parliament, and the lesser part will not agree to it, yet this is a good Act or Statute, to last in perpetum: and that the law of Maior pars is so in all Counsels, Elections, &c. both by the rules of the Common law and the Civill, and Common Law also.  
In this Court of Parliament, they do make new positive laws or Statutes, and sometimes they enlarge some of them, as unto them seemeth good: and it is good counsel, that in making of laws, quod eius fieri p●… ssit, quam plurima legibus difinientur quam pacissima vera ludicis arbitrio relinquantur, Yet for so much as every considerable circumstance cannot be foreseen at the time of the making of the law, for, rerum progressus ostendunt multa quo in mitio Preeaueri seu proderi not possunt. Therefore by the very intent of the makers of the Statute, they do many times leave to be supposed by the discretion of th'executioner of the Law, that thing which was not conveniently comprehended before hand, by the wisdom of the Authors of the famed: for the expounding of the laws doth ordinarily belong to the reverend Judges, and in case of greatest difficulty of importance, to the high Court of Parliament. See Plowdens Commentaries, sol. 363. a. 364,& 365.  
And the Judges do say, that they may not make any interpretation against the express words of the Statute, where th●… intent of the makers of the Law do appear to the 〈◇〉, and where no inconvenience by the Statute shall ensue: for in such cases A verbis legum non est 〈◇〉.  
But to exemplify all the several kinds and forms of penning them, and the words of them taken and construed, sometimes by execution, sometimes by restriction, sometimes by implication, sometimes by disiunction, sometimes a disjunctive for a copulative, sometimes a copulative for a disjunctive, the present tense for the future, the future for the present, sometimes by equity out of the reach of the words, sometimes taken in a contrary sense, sometimes singularly, as Continens pro content, and such like, will ask a volume by itself, and in my opinion is not incident to this discourse of the jurisdiction of high Court of Parliament.    

Hereunto is annexed A brief Abstract of the worthiness of, and some memorable matters done by parliament in this kingdom of ENGLAND.  
By Parliaments all the wholesome fundament●… laws of this Land were and are established an●… confirmed.  
By Act of Parliament the Popes Power and 〈◇〉 pre●… acie, and all superstition and Idolatry are 〈◇〉 gated, abolished and banished out of this Land.  
By Act of Parliament Gods true Religion, wor●… and service are maintained and established.  
By Act of Parliament the two famous vniver●… ties of Cambridge and Oxford haue many wh●… some and helpful Immunities.  
By Parliament one P●… erce Gaveston, a great ●… vorite and notable misleader of K. Edw. 2. was 〈◇〉 moved, banished, and afterwards by the Lords e●… ecuted.  
By Parliament Empson and Dadley, two n●… rious Polers of the Common wealth, by exacting ●… all laws on the Subiects, were discovered, and afterwards executed.  
By Parliament the damnable Gunpowder-Treason( hatched in Hell) is recorded to be had in eternal infamy.  
By Parliament one Sir Giles Mompesson, a modern caterpillar and poler of the Common Wealth, by exacting vpon Inholders, &c. was discovered, degraded from Knighthood, and banished by Proclamation.  
By Parliament Sir Francis Bacon, made by King james Baron, Vera●… m and Viscount St. Alb●… nes, and Lord chancellor of England, very grievous to the Common wealth, by bribery, was discovered and displaced.  
By Parliament Sir John Bennit judge of the Prev●… gatiue Court pernicious to the Common-wealth in his place, was discovered and displaced.  
By Parliament Lyonell Cra field( sometimes 〈◇〉 Merchant of London) made by K. james earl of Middlesex, and Lord Treasurer of England, hurtful in his place to the Common wealth, was discovered and displaced.  
By Parliament one Sir Francis mitchel, a jolly Iustice of Peace for Middlesex in the suburbs of London, another notable cankerworm of the Common-wealth, by corruption in exacting the penal laws vpon poor Alehouse-keepers and Victuallers, &c. was discovered degraded from Knighthood, and utterly disabled for being Iustice of Peace.  
By Parliament Spaines late fraud was discovered, and by Act the two Treaties, with that persidious Nation, for the match of the Prince, our now gracious King; and restitution of the Palatinato were dissolved and amnihilated: both which had co●… the King and his Subjects much money, and much blood. We may remember that that sage counsellor of State Sir William cecil Lord Burleigh and Lord Treasurer of England, was oft times heard to say, He know not what an Act of Parliament might not do: which sage saying was approved by King james, and by his majesty alleged 〈◇〉 oneof his published speeches.  
Which being so, now the face of christendom being at this present so torn and ●… ably ●… serated, and the Christian World stra●… the gospel in places, almost persecuted, both Ch●… h and Common-wealth where the gospel is 〈◇〉 〈◇〉 places beyond the Seas, lying a ble●… ding( as wee may say) and we ourselves at home not without fear and danger. To conclude, what good may we not hope and pray for, by this present and other ensuing Parliaments: the onely means to rectify and remedy matters in Church and Common-wealth much a ●… ass. Amen.  
Vivat Rex  
Flore●… t Reg●… m  
Benevaleat Parlamentum,  
FINIS.