A Catalogue of the AUTHORS and BOOKS made use of in the following Collection.  

LIttleton.  
Plowden.  
Dyer.  
Stamford.  
Fitz-Herbert.  
Bracton.  
Fortescue.  
Brook.  
Liber Assis.  
Book of Entries.  
The Year-Books.  
Coke.  
Lambert.  
Yeluerton.  
Thorpe.  
Montague.  
Wray, L. Ch. J.  
Hollinshed.  
Sir Tho. Smith.    

Arcana Parliamentaria: OR PRECEDENTS CONCERNING Elections, Proceed, Privileges, and Punishments in PARLIAMENT. Faithfully collected out of the Common and Statute-Law of this Realm. With particular Quotations of the Authors in each Case. By R.C. of the Middle Temple, Esq To which is added, The Authority, Form, and Manner of Holding Parliaments. By the Learned Sir Tho. Smith, Doctor of Laws.  
London, Printed for M. Gillyflower, at the Spread Eagle and Crown in Westminster-Hall. 1685.   

The Authority, Form, and Manner of holding Parliaments.  
THE most high and absolute Power of the Realm of England 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 Commonwealth; the Bishops for the Clergy, be present to advertise, consult, and show what is good and necessary for the Commonwealth, and to consult together; and upon mature deliberation, every Bill or Law being thrice read and disputed upon in either House, the other two Parts, first each apart, and after the Prince himself, in presence of both the Parties, doth consent unto and alloweth. That is the Princes and whole Realms Deed; whereupon justly no man can complain, but must accommodate himself to find it good, and obey it.  
That which is done by this Consent is called firm, stable and sanctum, and is taken for Law. The Parliament abrogateth old Laws, maketh new, giveth order for things past, and for things hereafter to be followed, changeth Right and Possessions of private men, legitimateth Bastards, establisheth Forms of Religion, altereth Weights and Measures, defineth of doubtful Rights, whereof is no Law already made, do appoint Subsidies, Talies', Taxes, and Impositions, giveth most free Pardons and Absolutions, restoreth in Blood and Name: as the highest Court, condemneth or absolveth them whom the Prince will put to Trial: And to be short, 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 Attorney, of what Pre-eminence, State, Dignity, or Quality soever he be, from the Prince, (be it King or Queen) to the lowest Person of England. And the Consent of the Parliament is taken to be every man's Consent.  
The Judges in Parliament are, the the King or Queen's Majesty, the Lords Temporal and Spiritual, the Commons, represented by the Knights and Burgesses of every Shire and Burrough 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.  
The Officers in Parliament are the Speakers, two Clerks, the one for the Higher House, the other for the Lower, and Committees.  
The Speaker is he that doth commend and prefer the Bills exhibited into the Parliament, and is the Mouth of the Parliament. He is commonly appointed by the King or Queen, though accepted by the Assent of the House.  
The Clerks are the Keepers of the Parliament-Rolls and Records, and of the Statutes made, and have the custody of the private Statutes not printed.  
The Committees are such as either the Lords in the higher House, or Burgesses 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 Form of holding the Parliament.  
THE Prince sendeth forth his Writs to every Duke, Marquess, Baron, and every other Lord Temporal or Spiritual, who hath Voice in the Parliament, to be at his great Counsel of Parliament such a day; (the space from the date of the Writ is commonly at the least forty days.) He sendeth also Writs to the Sheriffs of every Shire, 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 Consent in the name of the Shire; and to be present at that day: likewise to every City and Town, which of ancient time hath been wont to find Burgesses of the Parliament, so to make Election, that they might be present there at the first day of the Parliament. The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire, present at the day assigned for the Election.: the voice of any absent can be counted for none. Yeomen I call here (as before) that may dispend at the least forty shillings of yearly Rent of free Land of his own.  

The Writ of Parliament for the Lords.  
JAcobus Secundus, etc. Charissimo consanguineo suo Edwardo Comit' Oxon' salutem. Quia de advisamento & assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos, statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernent' quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium decimonono die— prox' futur' tener' ordinavimus, & ibid' vobiscum ac cum Prelat', Magnatibus & Proceribus dict' Regni nostri colloquium habere & tractare, vobis sub fide & ligeanciis quibus nobis tenemini firmiter injungend' mandamus, quod considerat' dictorum negotiorum arduitate & periculis imminentibus, cessante excusatione quacunque dict' die & loco personaliter intersitis nobiscum ac cum Prelatis, magnatibus & Proceribus praedictis, super dictis negotiis tractatur' vestrumque consilium impensur' & hoo sicut nos & honorem nostrum ac salvationem & defensionem Regni & Ecclesiae praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis. Teste meipso apud Westm' decimo die— anno Regni nostri—   

The Writ of Parliament for the Knights.  
REx Vic' N. etc. salut. quia de advisamento & assensu Consilii nostri pro quibusdam arduis & urgentibus negotiis, nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae, concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' duodecimo die— prox' futur' teneri ordinavimus, & ibid' cum Prelatis Magnatibus & Proceribus dicti Regni nostri colloquium habere & tract: Tibi praecipimus firmiter injungentes quod facta proclamac' in prox' comitat' tuo post receptionem hujus brevis nostri tenend' die & loco praedict' duos milit' gladiis cinct' magis idoneos & discretos comit' praedicti, & de qualib' civitate com' illius duos cives, & de quolibet Burgo duos Burgenses de discretior ' & magis sufficientibus libere & indifferenter per illos qui proclam' hujusmodi interfuer' juxta formam Statutorum inde edit' & provis' eligi, & nomina eorundum milit', civium & Burgensium, sic electorum in quibusdam indentur' inter te & illos qui hujusmodi election' interfuerit, inde conficiend' sive hujusmodi electi praesentes fuerint vel absentes, inseri: eosque ad dict' diem & locum venire fac'. Ita quod iidem Milites plenam & sufficientem potestatem pro se & communitate comit' praedicti ac dict' Cives & Burgenses pro se et communitat' Civitatum et Burgorum praedictorum divisim ab ipsis habeant, ad faciendum et consentiendum his quae tunc ibid' de communi consilio dicti Reg' nostri (favente Deo) contigerint ordinari super negotiis ante dictis: Ita quod pro defectu potestatis hujusmodi, seu propter improvidam electionem milit' Civium aut Burgensium praedictorum, dicta negotia infecta non remaneant quovis modo. Nolumus autem quod tu nec aliquis alius vic' dicti Reg' nostri aliqualiter sit electus. Et electionem illam in pleno comitatu factam, distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerint, nobis in Cancellar nostram ad dict' diem & locum certifices indilate, remittens nobis alteram partem: indenturarum praedictarum praesentibus consut' una cum hoc breve. Teste meipso apud Westmonasterium decimo octavo die— Anno Regni nostri—   

The Return of the Sheriff upon this Writ.  
VIrtute istius brevis eligi feci duos milit' gladiis cinctos magis idoneos & discretos de comitat' meo, viz. W. F. & V. S. qui plenam & sufficientem potestatem pro se & communitate comitat' predicti habeant, ad saciendum & consentiendum iis quae ad diem & locum infra contentos de communi consilio regni Angliae ordinari contigerint: & praedicti W. F. & V. S. manucapti sunt per I. P. V. B. I. D. & R. N. ad essendum ad Parliamentum domini Regis apud Westmonast. ad diem infra contentum ad faciendum quod hoc breve in se exigit & requirit. Li. Int. 595.  
Feci etiam praeceptum virtute hujus brevis I. B. & A. S. Ballivis libertatis villae de G. in comitat' meo, quod de eodem Burgo eligi facerent duos Burgenses de discretioribus & magis sufficient' quod sint ad Parliamentum dicti domini Regis ad diem & locum infra cont', ad faciendum & consentiendum ut praedictum est, qui quidem Ballivi sic mihi respondent, qd' eligi fecerunt de praedicto Burgo de G. duos Burg. discretos & magis sufficient', ad essend' ad Parliamentum praedictum: viz. R. P. & G. I. ad faciendum & consentiendum ut supradictum est. Virtute etiam istius brevis ad proximum Comitat' meum post receptionem ejusdem, tentum apud V. tali die & anno in pleno comitatu illo proclamari feci omnia in isto brevi contenta, secundum formam & effectum hujus brevis, prout hoc breve in se exigit & requirit.  
Residuum vero executionis istius brevis patet in quibusdam Indent' huic brevi consut. Li. Intr ' 595.   

The Indenture between the Sheriff and Burgesses.  
HAEC Indentura facta tali die & anno inter G. A. armig' vic' comitatus N. ex una parte, & I. B. & I. D. etc. ex altera parte, testatur, quod secundum formam brevis huic Indent' consut', fact', proclam' in pleno comitatu meo tento apud G. tali die & a▪ praedicti I. B. I. D. & alii qui Procl' predict' in pleno comitat' predict' interfuerunt, secundum formam statutorum in brevi predicto specificatorum & secundum exigen' brevis illius eligerunt W. F. & V. S. milites, Gladiis cinctos pro comitatu predicto, ad essendum ad parliamentum in eodem brevi specific' qui plenam & sufficientem potestatem pro se & communitate comitatus predicti habeant, ad faciendum & consentiendum prout breve illud in se exigit & requirit. In cujus rei testimonium parts predict' his indenturis sigilla sua alternatim apposuer'. Datum tali die & an. Plo. 120.  
G. A. armig. vic'   
These meeting at one day, the two who have the most of their voices, be chosen Knights of the Shire for that Parliament: likewise by the plurality of the Voices of the Citizens and Burgesses, be the Burgesses elected. The first day of the Parliament, the Prince and all the Lords in their Robes of Parliament do meet in the higher House, where, after Prayers made, they that be present are written, and they that be absent, upon sickness, or some other reasonable cause (which the Prince will allow) do constitute under their hand and Seal, some one of those who be present, as their Proxy or Attorney, to give Voice for them, so that by presence, or Attorney, and Proxy they be all there, all the Princes and Barons, and all Arch-Bishops and Bishops, and (when Abbots were) so many Abbots as had Voice in Parliament. The place, where the assembly is, is richly tapessed and hanged, a Princely and Royal Throne, as appertaineth to a King, set in the midst of the higher place thereof. Next under the Prince sitteth the Chancellor, who is the Voice and Orator of the Prince. On the one side of that House or Chamber, sitteth the Archbishops and Bishops, each in his rank, on the other side the Dukes and Barons.  
In the midst thereof, upon Woolsacks, sitteth the Judges of the Realm, the Master of the Rolls, and the Secretaries of Estate; But these that sit on the Woolsacks have no Voice in the House, but only sit there to answer their knowledge in the Law, when they be asked, if any doubt arise among the Lords. The Secretaries do answer of such Letters or things passed in Council, whereof they have the custody or knowledge; and this is called the Upper House, whose Consent and Dissent is given by each man severally, and by himself; first, for himself, and then severally, for so many as he hath Letters and Proxies, when it cometh to the question, saying only, Content, or not content, without farther reasoning or replying. In the mean time, the Knights of the Shires, and Burgesses of Parliament (for so they are called that have Voice in Parliament, and are chosen (as I have said before) to the number of about five hundred and ten) are called by such as it pleaseth the Prince to appoint, into another great House or Chamber, by name, to which they answer; and declaring for what Town or Shire they answer: then they are willed to choose an able and discreet man, to be as it were the Mouth of them all, and to speak for, and in the name of them, and to present him so chosen by them to the Prince: which done, they coming all with him to a Bar, which is at the nether end of the upper House, there he first praiseth the Prince, then maketh his excuse of Inability, and prayeth the Prince that he would command the Commons to choose another. The Chancellor, in the Prince's name, doth so much declare him able, as he did declare himself unable, and thanketh the Commons for choosing so Wise, Discreet, and Eloquent a man, and willeth them to go and consult of Laws for the Commonwealth. Then the Speaker maketh certain Requests to the Prince in the Commons Name, First, that his Majesty would be content that they may use and enjoy all their Liberties and Privileges that the Commons House was wont to enjoy.  
Secondly, That they may frankly and freely say their minds, in disputing of such Matters as may come in question, and that without offence to His Majesty.  
Thirdly, If any should chance, of that Lower House, to offend, or not to do or say as should become him, or if any should offend any of them, being called to that his Highness' Court, that they themselves might (according to the ancient custom) have the punishment of them.  
Fourthly, That if there come any doubt, whereupon they shall desire to have the Advice of, or Conference with his Majesty, or with any of the Lords, they might do it; All which he promiseth in the Commons names, that they▪ shall not abuse, but have such regard as most faithful, true, and loving Subjects ought to have to their Prince.  
The Chancellor answereth in the Prince's name, as appertaineth. And this is all that is done for one day, and sometime for two. Besides the Chancellor, there is one in the upper House, who is called Clerk of the Parliament, who readeth the Bills. For all that cometh in consultation either in the upper House or in the nether House, is put in writing first in Paper, which being once read, he that will, riseth up and speaketh for it or against it: and so one after another, so long as they shall think good. That done, they go to another, and so another Bill. After it hath been once or twice read, and doth appear that it is somewhat liked as reasonable, with such amendment in Words, and peradventure some Sentences, as by disputation seemeth to be amended: in the upper House the Chancellor asketh, if they will have it▪ ingross'd, that is to say, put into Parchment: which done, and read the third time, and that eftsoons; if any be disposed to object or dispute again among them, the Chancellor asketh, if they will go to the question? and if they agree to go to the question, than he saith, Here is such a Law or Act concerning such a matter, which hath been thrice read here in this House, are ye content that it be enacted or no? If the Not-contents be most, than the Bill is dashed, that is to say, the Law is annihilated, and goeth no farther. If the Contents be the most, than the Clerk writeth underneath; Soit baile aux commons.  
And so when they see time, they send such Bills as they have approved, by two or three of those which do sit on the Woolsacks to the Commons: who, ask Licence, and coming into the House, with due reverence saith to the Speaker: Master Speaker, my Lords of the upper House have passed among them, and think good, that there should be enacted by Parliament such an Act, and such an Act, and so readeth the Titles of that Act or Acts. They pray you to consider of them, and show them your advice; which done, they go their way. They being gone, and the door again shut, the Speaker rehearseth to the House what they said. And if they be not busy disputing at that time another Bill, he asketh them straightway if they will have that Bill, or (if there be more) one of them.  
In like manner in the lower House, the Speaker, sitting in a Seat, or Chair for that purpose, somewhat higher, that he may see and be seen of them all, hath before him, in a lower Seat, his Clerk▪ who readeth such Bills as be first propounded in the lower House, or be sent down from the Lords. For in that point each House hath equal Authority, to propound what they think meet, either for the abrogating of some Law made before, or for making of a new. All Bills be thrice in three divers days read and disputed upon, before they come to the question. In the disputing is a marvellous good order used in the lower House. He that standeth up bareheaded, is to be understood, that he will speak to the Bill. If more stand up, who that is first judged to arise, is first heard; though the one do praise the Law, the other dissuade it, yet there is no passionate reasonings. For every man speaketh as to the Speaker, not as one to another, for that is against the Order of the House. It is also taken against the Order, to name him whom ye do confute, but by circumlocution, as he that speaketh with the Bill, or he that spoke against the Bill, and gave this and this reason. And so with perpetual Oration, not with entrenching discourse, he goeth through till he have made an end. He that once hath spoken in a Bill, though he be confuted strait, that day may not reply, no, though he would change his Opinion. So that to one Bill in one day, one may not in that House speak twice, or else one or two with cross disputation would spend all the time. The next day he may, but then also but once.  
No reviling or nipping words must be used. 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 to the House, and they have sent them to the Tower. So that in such a multitude, and in such diversity of Minds and Opinions, there is the greatest Modesty and Temperance of Speech that can be used. Nevertheless, with very mild and gentle Terms, they make their reasons as violent, and as vehement the one against the other as they may ordinarily, except it be for urgent causes, and hasting of time. At the afternoon they keep no Parliament. The Speaker hath no voice in the House, no● they will not suffer him to speak in any Bill to move or dissuade it. But when any Bill is read, the Speakers Office is, a● briefly and as plainly as he may, to declare the Effect thereof to the House. I● the Commons do assent to such Bills as be sent to them first agreed upon from the Lords, thus subscribed, Les Communs ont assentus, so if the Lords do agree to such Bills as be first agreed upon by the Commons, they send them down to the Speaker thus subscribed, Les Seigneurs ont assentus, If they cannot agree, the two Houses (for every Bill from whencesoever it doth come, is thrice read in each of the Houses) if it be understood that there is any sticking, sometimes the Lords to the Commons, sometimes the Commons to the Lords, do require that certain of each house may meet together, and so each part to be informed of others meaning, and this is always granted. After which meeting, for the most part, not always, either part agrees to others Bills.  
In the upper House they give their assent and descent, each man severally, and by himself, first, for himself, and then for so many as he hath Proxy. When the Chancellor hath demanded of them, whether they will go to the question, after the Bill hath been thrice read, they saying only, Content or not content, without further reasoning or replying: and as the greater number doth agree, so it is agreed on, or dashed.  
In the lower House, none of them that is elected, either Knight or Burgess, can give his Voice to another, nor his consent or descent by Proxy. The major part of them that be present only maketh the consent or descent. After the Bill hath been twice read, and then engrossed, and estsoons read and disputed on enough as is thought, the Speaker asketh, if they will go to the question? and if they agree, he holdeth the Bill up in his hand and saith: As many as will have this Bill go forward, which is concerning such a matter, say yea. Then they which allow the Bill, cry Yea, and as many as will not, say No; as the cry of the yea or no is bigger, so the Bill is allowed or dashed. If it be a doubt which cry is bigger, they divide the House, the Speaker saying, as many as do allow the Bill go down with the Bill, and as many as do not, sit still. So they divide themselves, and being so divided they are numbered who made the major part, and so the Bill doth pass. It chanceth sometime that some part of the Bill is allowed, some other part hath much controversy and doubt made of it: and it is thought if it were amended it would go forward. Then they choose certain Committees of them who have spoken for the Bill and against it, to amend it, and bring it again so amended, as they amongst them shall think meet: and this is before it is engrossed, yea, and sometime after. But the agreement of these Committees is no prejudice to the House. For at the last question they will either accept it or dash it, as it shall seem good, notwithstanding that whatsoever the Committees have done.  
Thus no Bill is an Act of Parliament, Ordinance, or Edict of Law, until both the Houses severally have agreed unto it after the order aforesaid; no nor then neither. But the last day of that Parliament or Session, the Prince cometh in Person in his Parliament Robes, and sitteth in his state: all the upper House sitteth about the Prince in their states and order, in their Robes. The Speaker, with all the Common House, cometh to the Bar, and there, after thanksgiving first in the Lords Name by the Chancellor, etc. and in the Commons Name by the Speaker to the Prince, for that he hath so great care of the good Government of his People, and for calling them together to advise of such things as should be for the Reformation. Establishing, and Ornament of the Commonwealth: the Chancellor, in the Prince's Name, giveth thanks to the Lords and Commons for their pains and travels taken, which, he saith, the Prince will remember and recompense when time and occasion shall serve, and that he for his part is ready to declare his Pleasure concerning their Proceed, whereby the same may have perfect Life and Accomplishment by his Princely Authority, and so have the whole Consent of the Realm. Than one reads the Titles of every Act which hath passed at that Session, but only in this fashion: An Act concerning such a thing, etc. It is marked there what the Prince doth allow, and to such he saith, Le Roy, or la Royne le veult. And those be taken now as perfect Laws and Ordinances of the Realm of England, and none other, and, as soon as may be, put in print, except it be some private Case, or Law, made for the benefit or prejudice of some private man, which the Romans were wont to call Privilegía. These be only exemplified under the Seal of the Parliament, and for the most part not printed. To those which the Prince liketh not, he answereth, Le Roy, or la rain sadvisera, and those be accounted utterly dashed, and of none effect.  
This is the order and form of the highest and most authentical Court of England, by virtue whereof all those things be established whereof I spoke before, and no other means accounted available to make any new forfeiture of Life, Member, or Lands of any English man, where there was no Law ordained for it before.  
Note, Where the Parliament Writ speaks de qualibet Civitaté Comitatus illius, this is intended, where the City is not a County in itself, etc. For if it be a County of itself, as London, Norwich, and such like, than the Writ shall be directed to them, etc. As it is to Sheriffs of other Counties.  
At the next County meeting to be holden after the delivery of the Parliament Writ to the Sheriff, Proclamation shall be made in the full County, of the day, and place of the Parliament, and every one shall attend for the Election of the Knights for the same County for the Parliament, which Knights ought to be resident within the same County where they are chosen; the day of the date of the Writ of Summons to the Parliament. And they shall be chosen by People dwelling and resident within the same County, whereof every one of them shall have Land, or Tenement, to the value of forty Shillings, above all charges, within the same County; And such as have the greatest number of Voices of such Choosers, shall be returned by the Sheriffs, Knights for the same County. 7 H. 4. c. 15. 1 H. c. 1. 8 H. 6. c. 7. 10 H. 6. c. 2.  
The Sheriff may examine every Chooser upon the Evangelists, how much he may expend by the year, if he be in doubt of the value, 8 H. 6 c. 7.  
The said Election shall be made in full County, between the Hour of 8, and the Hour of 9 in the Forenoon. 13 H. 6. c. 15.  
The Knights shall be returned into Chancery, by Indenture sealed betwixt the Sheriff and the Choosers of Knights for the Parliament. 8 H 6. c. 7. 7 H. 4. c. 1. ● 23 H. 6. c. 15. As it appears by the Writ abovesaid.  
Every Sheriff that makes not a good, and true Return of such Election of Knights to come to Parliament, according to the Statutes of H. 5. and H. 6. shall forfeit 100 l. to the King, and 100 l. to the Knight so chosen, that shall commence his Action within three Months after the Parliament begun, and proceed in the same Suit effectually without Fraud. And if he so do not, another that will sue shall have the said Action, for the said 100 l. with costs, as the Knight should have had, 23 H. 6. c. 15. A Sheriff shall not be chosen for Knight, nor Burgess of Parliament, L. Int. 411. as appears also by the Writ itself directed to the Sheriff.  
In every Writ of Parliament directed to the Sheriff, this Clause must be put in. Electionem tuam in pleno comitatu tuo factam distincte et aperte sub sigillo tuo et sigil' eorum qui electioni illi interfuerunt nobis in Cancellariam nostram ad diem et locum in breve content' certifices indilate, 7 H. 4. c. 15.  
The Election must be by the greater number of Freeholders'; And, in an Action of Debt for him that is chosen Knight of the County, and not returned, it sufficeth to declare, that he was chosen by the major part of the Freeholders', etc. Ploughed. Com. 118. Dyer 113.  
Note, If a man keeps a Household in one County, and remains in service with another Family in another County, yet he may be at choosing of Knights of the Shire, where he keeps a Family; for he shall be said in Law to be resident in either of the said Counties: as in Debt, he may be impleaded where he keeps his household, ut supra, and be resident in the other County by reason of the Arrest. Vide 19 H. 6. fol. 1.  
And the Statute of 10 H. 6. c. 2. is, that Knights of the Shire shall be chosen by Freeholders' that are resident within the same County.  
The Sheriff, after the receipt of the Writ, etc. as aforesaid, shall deliver without fraud a sufficient Precept under his Seal to every Mayor, and Bailiff (either Bailiffs, or Bailiff, where there is no Mayor of the Cities and Burroughs within his County) reciting in it the Precept of the Parliament Writ; commanding them by the said Precept, if it be a City, to choose Citizens for the same City by Citizens, etc. If it be a Borough, than Burgesses by Burgesses thereof, to come to the Parliament; and that the Mayor, and Bailiffs (or Bailiffs or Bailiff, where there is no Mayor) shall duly return the said Precept to the Sheriff, by Indenture betwixt the Sheriff and those of the Election; and the names of the Citizens, and Burgesses by them so chosen. 23 H. 6. c. 15.  
The Sheriff shall make a good return of such Writ, and of every return by the Mayors, and Bailiffs (or Bailiffs or Bailiff, where there is no Mayor) to him made. And if the Sheriff does contrary to this Statue, or any other Statute for choosing of Knights, Citizens, and Burgesses to come to Parliament, he shall incur the Penalty of 100 l. to the King and shall be imprisoned for one year without Bail or Mainprize; and the Knights for the County, returned contrary to the said Ordinances, shall lose their Wages, by 8 H. 6. c. 7. and the Sheriff shall forfeit 100 l. to every Knight, Citizen, or Burgess in his County, chosen to come to Parliament, not duly returned; or to any other, that in their default will sue for it by action of Debt, with costs expended in it, in which the Defendant shall not wage his Law, nor have any Esloin. 23 H. 6. c. 15.  
If the Mayor, and Bailiffs, or Bailiffs or Bailiff, 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 pound, and moreover, shall forfeit to every Person hereafter chosen, Citizen, or Burgess, to come to Parliament, and not by the same Mayor, and Bailiffs, or Bailiffs or Bailiff, where no Mayor is, returned; or to any other Person, which in default of such Citizen or Burgess so chosen will sue for it, shall have his Action of Debt for forty pound, with his Costs in this case expended; in which the Defendant shall not wage his Law, nor have any Essoin. Ibid.  
Every Knight, Citizen, and Burgess, chosen and not returned, shall bring his Action of Debt within three Months after the same Parliament commenced, to proceed in the same Suit effectually without Fraud; And if he so do not, another that will sue shall have the same Action for the said Forfeitures, and Costs in such case expended, wherein the Defendant shall not wage his Law, nor be essoined: Ibid.  
If any Knight, Citizen, or Burgess, that shall be returned by the Sheriff to come to Parliament, after such return, be put out by any Person, and another put in the Place of him which is out, if he take upon him to be Knight, Citizen, or Burgess, shall forfeit to the King an hundred pound, and so much to the Knight, Citizen or Burgess, so returned by the Sheriff; and after, as aforesaid, put out. And that Knight, Citizen, or Burgess, which is so put out, shall have an Action of Debt against him so put in his place, his Executors, or Administrators; provided always that he shall begin his Suit within three Months after the Parliament commenced. And if he do not, than he that will sue, shall have an action of Debt of the same one hundred pound against him which is put in the place of him that is so put out, after such return, etc. And that no Defendant in such Action shall wage his Law, nor be essoined; so that the Knights of the Shire for the Parliament hereafter to be chosen, shall be Knights, or otherwise such eminent Esquires, or Gentlemen 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, and under, 23 H. 6. c. 15.  
All Persons, and Commonalties, which shall have the Summons of the Parliament, shall come to the Parliament in the manner as they are bounden to do, and have been accustomed of ancient times. And he that does not come (except he may reasonably, and honestly excuse himself) shall be amerced or otherwise punished, according as of old times hath been used. 5 R. 2. St●●● 2. c. 4.  
No Baron, Knight, Citizen or Burgess, which shall be elected to co●e to Parliament, shall departed from it till the Parliament be fully ended, or prorogued, except he has Licence of the Speaker, and Commons in such Parliament assembled: which Licence shall be entered in the Book of the Clerk of the Parliament; appointed for the Commons House, upon pain to lose their Wages, and all Counties, Cities, and Boroughs shall be discharged of the said Wages. 6 H. 8. c. 16. Vide Stamford, 153. The Bishop of Winchester was arrested in the King's Bench for that he coming to Parliament, departed without Licence. Coron. F. 161. 3 Ed. 2.  
The Lands, which were wont to be contributory to the Expenses of Knights of Parliament, shall be liable to those charges, notwithstanding the purchase of them by any Lord, or any other Person whatsoever. 12 R. 2. c. 12.  
The Sheriff, after the Receipt of the Writ for levying the Wages of the Knights of the Parliament, at the next County Court, shall make Proclamation that the Coroners, and every chief Constable of the same County, and the Bailiffs of every Hundred or Wapentake of the same County, and every other, which will be at the assessing of the Wages of the Knights of the Shires, shall be at the next County to assess the said Wages; and that the Sheriff, under Sheriff, Coroner, or Bailiff, for the time being, be there in their proper Person, upon pain of forfeiture to the King forty Shillings, of every of them that maketh default. 23 H. 6. c. 11.  
At which time the Sheriff, or under-Sheriff, in the presence of them that shall come to the same, and of the Suitors of the same County, then being there in full County, well and duly shall assess every Hundred to that assessable, by itself, to pay a certain Sum for the Wages of the Knights of the Shire; so that the whole Sum of all the Hundreds do not exceed the Sum which shall be due to the said Knights. And after that, in the same County, they shall assess well and lawfully every Village within the same Hundreds, which should be there assessable to a certain Sum for the payment of the said Wages; so that the whole Sum of all the Towns within any of the said Hundreds, do not exceed the Sum assessed upon the Hundred of which they be. Ibidem.  
And that the said Sheriff, under-Sheriff, Bailiffs, nor any other Officer, for the Cause aforesaid, shall levy more Money of any Village than that whereunto they were assessed. And if any do assess any Hundred, or Village, otherwise than is aforesaid, he shall forfeit for every default to the King, twenty pound, and to any man which will sue in this case, ten pound. Ibidem.  
And that the Sheriff well and duly shall levy the Money so assessed upon the aforesaid Villages, as speedily as they well may after the said assessing; and the same shall deliver to the said Knights, according to the Writs thereof, to be made upon the said Penalties. Ibidem.  
And he that will sue in this Case, shall be thereunto admitted, and shall have a Scire Facias against him that offendeth contrary to this Ordinance, and shall recover ten pounds to their own use, over the said twenty pound, with their triple Damages for the Costs of their Suits. Ibidem.  
And that the Justices of the King's Bench, and of the Common Place, Justices of Assizes, and Gaol delivery, and Justices of the Peace, shall have Power to inquire, hear, and determine, of all the said Defaults, as well by Inquiry at the King's Suit, as by Action at the Suit of the Parties. 23 H. 6. c. 11.  
And that all such Expenses of Knights shall not be levied of any other Villages, Signories, or Places, but of such whereof it hath been before this Time. And that in every such Writ to be made to levy the Wages of the Knights, This Act shall be comprehended in the same. 23 H. 6. c. 11. Vide Register 261. That Villains shall not be contributory to the Wages of Knights of the Shire for the Parliament, Br. 96. And Freeholders' and Tenant's at Will in ancient Demesn, and the Lords shall also be acquitted of such Expenses for Knights of the Parliament. Ancient Demesn. Br. 431. F. Natura brevium, 14.  
That to every Parliament two Knights shall be chosen for the County of Monmouth, and one Burgess for the Borough of Monmouth, in like manner, form, and order, as Knights, and Burgesses of the Parliament be elected in every County of England; and that the same Knights and Burgesses shall have like Dignity, Pre-eminence, and Privilege, and shall be allowed such Fees, as other Knights and Burgesses of Parliament have been allowed; And such Fees to be levied, received, and paid in such manner, form, and order, as such Fees be gathered, received, and paid in other Shires of the Realm of England. 27 H. 8. c. 26.  
And the Burgesses Fees to be levied as well within the Borough of Monmouth, as within all other ancient Boroughs within the said Shire of Monmouth: And that a Knight shall be chosen to the same Parliament for every of the Shires of Brecnock, Radnor, Montgomery, and Denbigh, and for every other Shire within the Dominion of Wales; and for every Borough being a Shire Town, within the Country and Dominion of Wales (except the Shire-Town of the County of Mereoneth) one Burgess; And the Election to be in manner, form, and order, as Knights, and Burgesses of the Parliament be elected in other Shires of this Realm. Ibid.  
And that the Knight, and Burgess, and every of them, shall have like Dignity, Pre-eminence, and Privilege, and shall be allowed such Fees as other Knights of the Parliament are allowed; And the Knight's Fees to be levied and gathered of the Commons of the Shire that they be elected in; and the Fees of Burgesses to be levied, and gathered as well of the Boroughs, and Shire-Towns, as they be Burgesses of, as of all other ancient Boroughs within the same Shires. 27 H. 8. c. 26.  
The Sheriffs of every of the 12 Shires in Wales, and in the County of Monmouth, shall have power to levy, gather, or to be levied and gathered the said Knights Fees and Wages of the Inhabitants of the 12 Shires, and of the said County of Monmouth, which ought to pay the same; and the same so gathered, shall pay to the Knights within two Months after the delivery of the Kings Writ for payment of the said Wages or Fees; otherwise the Sheriff shall lose, and forfeit twenty pounds: one Moiety to the King, and the other Moiety to him that will sue for the same, in any Court of Record, by Information, Bill, or Plaint, or otherwise, before any of the King's Officers, wherein no Essoign, Protection, or Wager of Law shall be admitted. 35 H. 8. c. 11.  
And if it shall happen any Sheriff in any of the twelve Shires, and County of Monmouth, to make default of payment of the said Wages, or Fees, by a longer term than two Months; then every such Sheriff shall forfeit for every Month that he shall make default twenty pounds, to be forfeited and levied in manner and form as is aforesaid. Ibidem.  
And that every Mayor, and Bailiff, and other chief Officers of Cities, Boroughs, and Towns in every of the said twelve Shires, and in the County of Monmouth, within like term and space of two Months after the receipt of the King's Writ De solutione faedi. burgent. Parliament. as is before mentioned, for gathering of the Knight's Fees, shall levy, gather, and pay the Wages and Fees to their Burgesses, in like manner and form as is aforesaid, and in, and under like pain and forfeitures, as before mentioned, to be levied of the Goods and Chattels of every such Mayor, Bailiff, or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees, making default of paument of the said Fees, and Wages to the Burgesses, in manner and form as is aforesaid; And the Burgesses of Cities, Boroughs, and Towns, within the twelve Shires of Wales, and the County of Monmouth, which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns, shall be lawfully admonished, by Proclamation, or otherwise, by the Mayors, Bailiffs, or 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, which shall for that intent be assigned; in which Elections the Burgesses shall have like Voice and Authority, to elect, and name the Burgesses of every the said Shire-Towns, as the Burgesses of the said Shire-Towns have or use. Ibidem.  
Two Justices of Peace in every of the said Shires in Wales, and in the said County of Monmouth, have Power and Authority, indifferently, to lot, and tax every City, Borough, and Town, within the Shires in Wales, wherein they do inhabit; and in the said County of Monmouth, for the Portions and Rates that every the said Cities, and Boroughs shall bear and pay towards the said Burgesses, within the said Shire-Towns of every of the said Shires in Wales, and the County of Monmouth, which Rates so rated, and taxed in gross by the said two Justices of Peace, as is aforesaid, shall be again rated, and taxed on the Inhabitants of every the said Cities and Boroughs, by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales, thereunto named and assigned by the Mayor, Bailiffs, or other Head Officers of them for the time being; and thereupon the Mayors, Bailiffs, and other Head Officers of every such City, Borough, or Town, to collect the same, and thereof to make payment in manner and form as aforesaid, to the Burgesses of the Parliament, within like time, and upon the like pains and forfeitures, as is above mentioned. 35 H. 8 c. 11.  
The King's Assent, by his Letters Patents under the great Seal of England, and signed with his Hand, and notified in his absence to the Lords of Parliament, and Commons assembled together in the higher House, is, and ever was of as good strength and force, as if the King's Person had been there personally present, and had assented openly and publicly to the same; and such Royal Assent, notified as aforesaid, shall be taken good, and so effectual to all Intents, without ambiguity or doubt, any Custom or Usage to the contrary notwithstanding, 33 H. 8. cap. 21.  
Every Knight chosen for the Parliament, and Sheriff that makes Election for them, shall have their Traverse to such Inquests and Offices, before any Justices of Assize hereafter to be taken, and they shall not be endamaged unto the King for any such Inquest taken, until they be duly convicted according to the form of the Law. 6 H. 6. cap. 4.  
All the Clergy hereafter to be called to the Convocation by the King's Writ, and their Servants and Familiars, shall for ever hereafter fully use, and enjoy such Liberty, or Defence in coming, tarrying, and returning, as the great Men, and Commonalty of the Realm of England, called, or to be called to the King's Parliament, do, or were wont to enjoy. 8 H. 6. cap.  
No Appeal shall be pursued in Parliament. 1 H. 4. c. 14.  
The Burgesses of Parliament shall not be Collectors of a Fifteen, except they can dispend in the County, out of the City or Borough of which they are Burgesses, in Lands or Tenements, to the value of an hundred Shillings by the Year, over the Charges and Reprises. 18 H. 6. cap. 5.  
Knights, Citizens, Burgesses and Barons of Parliament, must take the Oath of Supremacy, before they enter into the Parliament House; but Lords of Parliament shall not be compelled to take the said Oath. 5 Eliz. c. 1.  
Vide, How Lords of Parliament shall be placed in the Parliament, and other Assemblies and Conferences of Council. 31 H. 8. cap. 10.  
Lords of Parliament, for matters of Religion, shall be tried by their Peers. 1 Eliz. c. 2.  
Persons attainted by Parliament, and after become Lunatic, shall be executed notwithstanding, 33 H. 8. c. 20. Quere, if this be not repealed by 1 & 2 Ph. & Mary, c. 10. Staunford, 153.  
Women that have Jointures assigned after marriage, may wave them, and take their Dowry at Common Law, if the Jointure be not assigned by Parliament, 27 H. 8. c. 10.  
The County Palatine of Chester shall have two Knights for the County Palatine, and likewise two Citizens to be Burgesses for the City of Chester, to be chosen by Process, to be awarded by the Chancellor of England, unto the Chamberlain of Chester, or his Lieutenant for the time being. And so like process to be made by the Chamberlain, or his Lieutenant, or Deputy, to the Sheriff of the said County of Chester: And 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 and City within England; which Knights and Burgesses, and every of them so elected, shall be returned by the said Sheriff into the Chancery of England, upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like. Which said Knights and Burgesses, and every of them, so chosen, and returned, shall be Knights and Burgesses of the Court of Parliament, and have like Voice and Authority to all intents and purposes, as any other the Knights and Burgesses of the said Court of Parliament have, use, and enjoy: And also may have, and take all and every such Liberties, Advantages, Dignities, Privileges, Wages, and Commodities, concerning the said Court of Parliament, to all Intents, Constructions, and Purposes, as any other the Knights and Burgesses of the said Court, may or aught to take and enjoy, 34 H. 8. c. 13.  
If any Assault or Affray be made to any Lord Spiritual or Temporal, Knight of the Shire, Citizen or Burgess, coming to the Parliament, or to other Council of the King, by his Commandment, and there being and attending at the Parliament or Council, that then Proclamation shall be made, in the most open Places in the Town, by three several days, where the Assault or Affray shall be made, that the Party that made such Affray or Assault, yield himself before the King in his Bench, within a quarter of a year after the Proclamation made, if it be in the time of the Term, or otherwise at the next day in the time of the Term following the said quarter, and if he do not, that he be attainted of the same deed, and pay to the Party grieved his double damages, to be taxed by the discretion of the Justices of the same Bench, or by Inquest, if it be needful, and make Fine and Ransom at the King's will; and if he come, and be found Guilty by Inquest, by examination or otherwise, of such Affray or Assault, than he shall pay to the Party so grieved his double damages, found by the Inquest, or to be taxed by the discretion of the said Justices, and make fine and ransom at the King's will, as above is said, 11 H. 6. c. 11.  
Vide, the Act made for the assurance of Lands to John Hind, Sergeant at Law, and his Heirs, paying annually ten pounds towards the maintenance and wages of Knights of Parliament, for the County of Cambridge for ever, 34 & 35 H. 8. c. 24.  
Note, by Kirby, Clerk of the Rolls of Parliament, that the custom or usage of Parliament is, that if a Bill come first to the Commons, and they pass it, than the Use is to endorse it in such manner, Soit baile a Seigniores, and upon that, if neither the Lords, nor the King do alter it, than it shall be delivered to the Clerk of the Parliament to be enroled, without endorsing it, and if it be a general Bill, it shall be enrolled, but not if it be a private Bill, but it shall be put on the File, and that is sufficient; but if the party will sue to have it enrolled, than it may be enrolled for sureties sake, 33 H. 6. 17.  
If the Lords will alter a Bill, in that which may stand with the Bill, they may so do, without remanding to the Commons; as if the Commons grant Poundage for four years, and the Lords will grant it but for two years, this Bill shall not be carried back again to the Commons. But if the Commons grant it but for two years, and the Lords will grant for four years, there the Bill shall be delivered to the Commons; and in this case the Lords ought to make a Schedule of their Intention, or endorse the Bill in this manner; The Lords have assented for the term of four years. And when the Commons have the Bill again, and they will not assent to it, this can be no Act. But if the Commons will assent, than they endorse their Answer upon the Margin of the Bill beneath in such form; The Commons have assented to the Schedule of the Lords annexed to the same Bill, and then it is delivered to the Clerk of Parliament, ut supra. 33 H. 6. 17.  
If a Bill be first delivered to the Lords, and they pass it, they use not to make any Endorsement, but send the Bill to the Commons, and if it pass them, the use is to endorse it thus, Les Commons sont Assentants, and this proves that it passed the Lords before: And therefore if J. S. be attainted of Trespass by Parliament, and the Commons assent, that if he does not come in by such a day, he shall forfeit such a Sum, and the Lords give him a longer day, and the Bill is not sent back to the Commons again, this is no Act, for that the Bill was not delivered back to the Commons after the enlargement of the day given by the Lords. 33 H. 6.17.  
Every Bill that passes the Parliament, shall have relation to the first day of Parliament, although it come in at the end of the Parliament, and it is not the custom to make any mention what day the Bill was delivered in to the Parliament; per Faukes Clerk of the Parliament. 33 H. 6. 17. unless a time be specially appointed by the Statute when it shall Commence. Com. 79.  
If the Parliament begin before Pentecost, and continue after Pentecost, and the Commons agree to a Bill after Pentecost, and give a day at Pentecost next, and the Lords do so too; Now for that, a Bill shall have relation to the first day of Parliament, if it be not ordered otherwise; it shall be taken for this Pentecost, which is passed at this Sessions, whereas the intent of the Lords and Commons, was, that it should be Pentecost after this Petition named in the Bill. Parliament B. 4.  
Although the Lords and Commons agree to a Bill, yet it is no Act, till the King has given his Royal Assent to it in proper Person, or under his great Seal, and if the King Assent, then is written upon the Bill, Le Roy veult; And if the King will not Assent, than it is endorsed, Le Roy advisera. 33 H. 6. 17. 33 H. 8. c. 21.  
Every Knight, Burgess, Baron of the Cinque Ports, or other called to Parliament, shall have privilege of Parliament during the Parliament, or Session of Parliament, so that he that arrests any of them during that time, shall be imprisoned in the Tower by the Lower House, of which he is, and shall be put to a Fine, and the Keeper also, if he will not deliver him so arrested, when the Sergeant at Arms comes for him, by the command of the House of which he is. Dier, 60.  
Note, in the Lower House, when a Bill is read, the Speaker does open the parts of the Bill, so that each Member of the House may understand the intention of each part of the Bill; and the like is done by the Lord Chancellor in the Upper House; then when it is read the second time, sometimes it is engrossed without any Commitment, but then the Speaker makes question of it, in this manner: The question is, Whether this Bill shall be engrossed or not? As many as would have the Bill engrossed, shall say, Yea, and as many as would not, say, No.  
But in the Upper House of Parliament, when such question is made about Engrossing, if there be no Contradiction, the Lords do not deliver their Assent in saying, Content, or their Dissent in saying, Not Content, for husbanding the time: But if there be any Contradiction, it is tried Seriatim, by Content or Not Content; but neither in the Upper or Lower House, the Lord Chancellor or Speaker, shall not repeat a Bill or an Amendment but once. Ibidem.  
When a Bill is committed to the second reading, then if the Committees amend it in any point, than they shall write down their amendment in a Paper, and shall direct to a Line, and between what words the Amendment shall be put in, or what words shall be interlined, and then all shall be engrossed in a Bill. Ibid.  
And if a Bill pass in the Commons House, and the Lords amend the Bill when it is sent to the Upper House, they do as before show the Line, and between what words, and after the Amendments are engrossed, with particular References, and the Bill with the Amendments, are sent again to the House of Commons, where they affirm them: The amendments are read three times, and then they insert them in the body of the Bill, and so ê Converso of a Bill which passeth first in the Upper House. But Note, that in one of these Cases, the entire Bill shall not be read again in the House, wherein they first pass, but the amendments only, for no Bill shall be read above three times. Ibidem.  
No Lord ought to speak to the Bill twice in one day: Also no Knight, Citizen or Burgess, aught to speak above once to one Bill in one day, unless sometimes by way of Explication.  
No private Bill ought to be read before the public Bills, unless the one House or the other do require it. Coke lib. 13.  
Note, in the House of Commons, those that are for the new Bill, (if there be a question of Voices) shall go out of the House, and those who are against the Bill, and for the Common Law, or any former Law, shall sit still in the House; for they are in possession of the old Law, the other of the other, to number the Voices. Coke, lib. 13.  
In both Houses, he which first stands up to speak, he shall first speak without any difference of Persons. Ibid.  
When a Bill is engrossed, at the third reading it may be amended in the same House in any matter of Substance à fortiori; the Error of the Clerk in the Engrossing may be amended.  
Note; The Privilege, Order, or Custom of Parliament, either of the Upper House, or of the House of Commons, belongs to the Determination or Decision only of the Court of Parliament; And this appeareth by two notable Precedents.  
The one, at a Parliament holden the twenty seventh Year of King Henry the 6 th'. There was a Controversy moved in the Upper House, between the Earls of Arundel and of Devon-shire, for their Seats, Places, and Preeminencies of the same, to be had in the King's Presence, as well in the High Court of Parliament, as in his Counsels, and elsewhere: The King, by the advice of the Lords Spiritual and Temporal, committed the same to certain Lords of Parliament, who, for that they had not leisure to examine the same, it pleased the King, by the advice of the Lords at this Parliament, in Anno 27 th'. of his Reign, that the Judges of the Land should hear, see, and examine the Title, etc. and to report what they conceive herein: The Judges made Report as followeth; That this matter (viz. of Honour and Precedency, between the two Earls, Lords of Parliament) was a matter of Parliament, and belonged to the King's Highness, and the Lords Spiritual and Temporal in Parliament, by them to be decided and determined; yet being there so commanded, they shown what they found upon Examination, and their Opinions thereupon.  
Another Parliament in 31 H. 6. which Parliament begun the sixth of March, and after it had continued some time, it was prorogued until the fourteenth of February; and afterwards in Michaelmas Term, Anno 31 H. 6. Thomas Thorpe, the Speaker of the Commons House, at the Suit of the Duke of Buckingham, was condemned in the Exchequer in 1000 l. damages for a Trespass done to him: The fourteenth of February, the Commons moved in the Upper House, That their Speaker might be set at liberty to exercise his Place: The Lords referred this Case to the Judges; and Fortescue and Prisot, the two Chief Justices, in the name of all the Judges, after sad Consideration, and mature Deliberation had amongst them, answered, and said, that they ought not to answer to this Question, for it hath not been used aforetime, That the Justices should in any wise determine the Privilege of this High Court of Parliament, for it is so High and Mighty in its nature, that it may make Laws, and that that is Law, it may make no Law: And the determination and knowledge of that Privilege, belongeth to the Lords of the Parliament, and not to the Justices: But as for the proceed in the Lower Courts in such Cases, they delivered their Opinions. And in 12 E. 4. 2. in Sir John Paston's Case, it is holden, that every Court shall determine and decide the Privileges and Customs of the same Court, etc.  
See Dier, Fol. 275. One was in Execution, that was a Burgess of Parliament, and was let at large by a Privilege Writ of Parliament: P. 34 & 35 H. 8. Rot. 23. And Debt brought against the Jailor for an escape, but he says not what happened thereon.  
See Hollinsked, in his Chronicle, Fol. 1584. The Case of one Ferrer, set at liberty, that was a Burgess of Parliament, and arrested, and put in Execution in London, sitting the Parliament; and this was Anno 34 H. 8. and was the Case of Ferrer, as I believe, of which Dier, Fol. 275 speaks.  
In the Lent Season, whilst the Parliament yet continued, one George Ferrer, Gentleman, Servant to the King, being elect a Burgess for the Town of Plymouth in the County of Devon, in going to the Parliament-House was arrested in London, by a Process out of the King's Bench, at the Suit of one White, for the Sum of two hundred Marks, or thereabouts, wherein he was late afore condemned, as a Surety for the Debt of one Welden of Salisbury; which Arrest being signified to Sir Thomas Moil, Knight, than Speaker of the Parliament, and to the Knights and Burgesses there, Order was taken, that the Sergeant of the Parliament, called S. I. should forthwith repair to the Counter in Breadstreet, whither the said Ferrer was carried, and there to demand delivery of the Prisoner. The Sergeant, as he had in charge, went to the Counter, and declared to the Clerks there what he had in commandment, but they, and other Officers of the City, were so far from obeying the said Commandment, as, after many stout words, they forcibly resisted the said Sergeant, whereof ensued a Fray within the Counter-gates, between the said Ferrer and the said Officers, not without hurt of either part, so that the said Sergeant was driven to defend himself with his Mace of Arms, and had the Crown thereof broken by bearing off a stroke, and his man strucken down. During this Brawl, the Sheriffs of London, called Rowland Hill, and H. Suckley, came thither, to whom the Sergeant complained of this Injury, and required of them the delivery of the said Burgess, as afore; but they bearing with their Officers, made little account either of his Complaint or his Message, rejecting the same contemptuously, with much proud Language, so as the Sergeant was forced to return without the Prisoner; and finding the Speaker, and all the Knights and Burgesses set in their places, declared unto them the whole cause as it fell out, who took the same in so ill part, that they all together (of whom there were not a few, as well of the King's Privy Council, as also of his Privy Chamber) would sit no longer without their Burgess, but risen up wholly and repaired to the Upper House, where the whole Case was declared by the mouth of the Speaker before Sir T. Audley, Knight, than Lord Chancellor of England, and all the Lords and Judges there assembled, who judging the Contempt to be very great, referred the punishment thereof to the order of the Common House. They returning to their places again, upon new debate of the Case, took order that their Sergeant should speedily repair to the Sheriffs of London, and require delivery of the said Burgess, without any Writ or Warrant had for the same, but only as afore. Albeit the Lord Chancellor offered there to grant a Writ, which they of the Common House refused, being in a clear Opinion, that all Commandments, and other Acts proceeding from the nether House, were to be done and executed by their Sergeant without Writ, only by showing of his Mace, which was his Warrant. But before the Serjeant's return into London, the Sheriffs having intelligence how heinously the matter was taken, became somewhat more mild, so as upon the said second demand, they delivered the Prisoner up without any denial. But the Sergeant having then further in commandment from those of the nether House, charged the said Sheriffs to appear personally on the morrow by eight of the clock before the Speaker in the nether House, and to bring thither the Clerks of the Counter, and such other of their Officers as were Parties to the said Affray, and in like manner to take into his custody the said White, which wittingly procured the said Arrest, in Contempt of the privilege of the Parliament, which Commandment being done by the said Sergeant accordingly on the morrow, the two Sheriffs, with one of the Clerks of the Counter (which was the chief occasion of the said Affray) together with the said White appeared in the Common House, where the Speaker charging them with their Contempt and Misdemeanour aforesaid, they were compelled to make immediate Answer, without being admitted to any Counsel. Albeit Sir Ro. Cholmley then Recorder of London, and other the Counsel of the City there present, offered to speak in the cause, which were all put to silence, and none suffered to speak, but the parties themselves, whereupon in conclusion, the said Sheriffs and the same White were committed to the Tower● of London, and the said Clerk (which was the occasion of the Fray) to a place there called Little-ease, and the Officer of London which did the Arrest, called Tailor, with four Officers, to Newgate, where they remained from the 28 th' until the 30 th' of March, and then they were delivered, not without humble suit made by the Mayor of London, and other their Friends. And forasmuch as the said Ferrer being in Execution upon a Condemnation of Debt, and set at large by privilege of Parliament, was not by Law to be brought again into Execution, and foe the party without remedy for his Debt, as well against him as his principal Debtor; after long debate of the same, by the space of nine or ten days together, at last they resolved upon an Act of Parliament to be made, and to revive the Execution of the said Debt against the said Welden, which was Principal Debtor, and to discharge the said Ferrer. But before this came to pass, the Common House was divided upon the Question: but in conclusion, the Act passed for the said Ferrer, who won by fourteen Voices. The King being then advertised of all this proceeding, called immediately before him the Lord Chancellor of England and his Judges, with the Speaker of the Parliament, and other of the gravest Persons of the nether House, to whom he declared his Opinion to this effect. First, commending their wisdom in maintaining the Privileges of their House (which he would not have to be infringed in any point) alleged, that-he being Head of the Parliament, and attending in his own Person upon the business thereof, aught in reason to have Privilege for him and all his Servants attending there upon him. So that if the said Ferrer had been no Burgess, but only his Servant, that in respect thereof, he was to have the privilege as well as any other. For I understand (quoth he) that you not only for your own Persons, but also for your necessary Servants, even to your Cooks and Horse-keepers, enjoy the said Privilege, insomuch as my Lord Chancellor here present, hath informed Us, that he being Speaker of the Parliament, the Cook of the Temple was arrested in London, and in Execution upon a statute of the Staple: And forasmuch as the said Cook, during the Parliament served the Speaker in that Office, he was taken out of Execution by the privilege of the Parliament: and farther, We be informed by our Judges, that We at no time stand so highly in our Estate Royal as in the time of Parliament, wherein We as Head, and you as Members, are conjoined and knit together into one Body Politic, so as whatsoever Offence or Injury (during that time is offered) to the meanest Member of the House, is to be judged, as done against our Person, and the whole Court of Parliament, which Prerogative of the Court is so great (as our learned Counsel informeth us) as all Acts and Processes coming out of any other inferior Courts, must for the time cease and give place to the highest. And touching the Party, it was a great Presumption in him, knowing our Servant to be one of this House, and being warned thereof before, would nevertheless prosecute this matter out of time, and therefore was well worthy to have lost his Debt, which I would not wish, and therefore do commend your Equity, that having lost the same by Law, have restored him to the same against him who was his Debtor, and this may be a good Example to others, not to attempt any thing against the Privilege of this Court, but to take the time better; whereupon Sir Edward Montague, then Lord Chief Justice, very gravely declared his Opinion, confirming by divers reasons all that the King had said, which was assented unto by all the Residue, none speaking to the contrary, the Act indeed passed not the higher House, for the Lords had not time to consider of it, by reason of the dissolution of the Parliament. Because this Case hath been diversely reported, as is commonly alleged as a Precedent for the privilege of the Parliament, I have endeavoured myself to learn the Truth thereof, and to set it forth with the whole Circumstances at large, according to their Instructions who ought best both to know and remember it.  
Note, Danby says— That one coming to Westminster (for that he was a Parliament-Man) and was arrested, and lay in Execution upon a Condemnation long time before the Parliament, and would have been discharged of the Execution, and the matter was notified to the King's Council, and to the Justices of the Bench, that he could not be discharged, and Coke said, that it was true. 2 E. 4. fol. 8. vide Dyer, 162. A man in Execution for Debt, although he was necessary for War, which is for the public good, cannot be taken out of Execution. per omnes Justic.  
The Parliament shall not give Privilege, in time of Vacation, but sitting the Court, Privilege. Br. 56.  
Necessary Servants attending upon their Masters, during the Parliament, shall have privilege of Parliament; so that they shall not be arrested for Debt, or such like; And so shall have privilege of Parliament the necessary Officers that attend on the Parliament, as the Sergeant at Arms, Porter of the House, Clerks, and such like, and in the same manner for their necessary goods, so that they shall not be arrested nor taken by any other Officer (unless it be in case of Treason or Felony) in the same manner as Judges, or Ministers of other Courts shall have for their Servants, Goods, and Chattels necessary; Privilege, Br. 6. 29. 24.  
If they cannot agree in Parliament upon a Bill, the Trial shall be by the greater number of Polls.  
He that comes to Parliament, aught to be a lawful Person, not Outlawed, nor in Execution, nor attainted of Treason or Felony, neither shall he be a Villain. Vide Process Fitzh. 20 8. 34 E. 1. A Witness that was named in a Deed among others, was Outlawed, no Process shall be awarded against him by the Statute, for that he was Outlawed; If one of the Indictors be Outlawed, the Indictment is not good, because he is not Legalis & probus Homo. 11 H. 4. 11.  
Divers of Parliament were attainted of Treason by the Parliament in the time of R. 3. with H. 7. and it was agreed by the Justices, that until the Act of Attainder was repealed, such Burgessesses or Knights shall not be received into the House to sit there, but assoon as the Act was reversed and annulled, they should come into their places, and then may proceed upon any thing there moved lawfully, as lawful Persons; But as to the King himself, it was agreed, that the King was a Person able, and discharged of any former Attainder ipso facto, that he took upon him to Reign, and to be King, for there is no Superior to discharge him. 1 H. 7.4.  
If there be divers Sessions of Parliament, and there Acts passed at every Session, every Act shall have relation to the first day of every Session. Comment. 78.  
The Errors committed in Chancery, in things appertaining to the Common Law, shall be reversed in the King's Bench. Dyer 315, & Error Fitzh. 71.18 E. 3. by which it seems that the King's Bench is a Higher Court than the Court of Chancery as to that; Tamen quaere, vide 37. H. 6.15, where it is said, that it shall be reversed in Parliament, by Choke, Danby, and Ashton, vide Com. 393, & Breve Fitzh. 651. Vide 42 Lib Ass. 22. where Error was committed in Chancery upon Petition made there, and a Scire facias issued in the same Court against the Party to the Petition of the Terretenant, to reverse this Erroneous Judgement thereof. If the King be deceived in making his Charter, it shall by Scire facias be annulled in Chancery, out of which it issued, and not in Parliament, Brief Fitzh. 651.16 E. 3. But note there, that both are the King's Courts, and the King may sue in which of his Courts he pleases, in his own Case. But Thorpe said there, that in the Case between G. and G. the Suit was in Parliament, to reverse a grant and Charter of the King, which Parner granted, for that it was between party, and party; and as to the last matter, vide 21 E. 3.46, accorded.  
If there be a Statute that was never put in ure, yet it may be put in ure at this time, 11 H. 4.7. yet see the Statute of Butler made 20 E. 1. is not put in ure, which gives waste to the Heir done in the time of his Ancestor, for the Register gives not a Writ of waste done in the time of the Ancestor, etc.  
A Parliament may err, as appears Parliament. Br. 16. which reversed the Estate of J. S. in certain Land, and the Charter thereof to him made, without calling the Patentee to it by process before the Repeal; 21 E. 3.4. Ploughed. Com. 400. in the case of the Earl of Leicester, and Heyden. And Error in Parliament ought to be reversed by Parliament. Error Br. 65.  
The Queen may under the great Seal assign two or three Lords of Parliament to supply her place in Parliament, if she be sick, or if she will not come for any other cause to Parliament, as it was done Anno 31 Eliz. the Queen that now is; at which time the Archbishop of Canterbury, the Lord Treasurer of England, and the Earl of Derby, under the great Seal, were appointed Commanders by our Sovereign Lady the Queen to represent her Person in the Parliament, and they sat one space lower from the Cloth of Estate in the Parliament House.  
A Statute in the negative restraineth the Common Law, so that after such Statute a Man may not use the Common Law, as the Statute of Marlbr. c. 3. Non ideo puniatur dominus per Redemsione, and Magn. Chart. c. 34. nullus appelletur ad sectam elienius feminoe nisi de morte virt sui. Otherwise, it is where a Statute is made in the Affirmative, because that does not alter the Common Law. Parliament. Br. 72.108.  
Note, by Englefield Justice, in the case of Button and Savage, that where a man had an elder Title to Land by one Entail, and after the same Land is given to him by Parliament, his Heir shall not be remitted, for by the Act all other Titles are extinct, for that the Act is the Common Judgement, and an Estoppel to every one that is privy to the Act. Parliament. Brook 73.29 H. 8.21 Ed. 4.57.  
If the King has an ancient Title to Land tailed, and the same Land is given to him by Parliament, the Entail is gone, so that his Heir shall not avoid Leases made by his Father, nor Charges and the like. Parl. Br. 73.29 H. 8.  
It was held, that these words, to wit, the King with the Assent of his Lords and Commonalty Grants, or Establishes, etc. This is as well as if it had been, That it was enacted at the Request of the Lords and Commons, etc. and that the King had assented; but the more usual words are, That it be enacted by the King, by the assent of the Lords and Commons, etc. But the shorter, and sufficienter Words are, that it be enacted by the Authority of Parliament. Parliament. Brook 76.7 H. 7.14.  
The ancient Statutes, as Magna Charta, and other Statutes are, Quod Rex Statuit, and good, for it is implied, that the Lords and Commons assented, Parliament. Br. 76. and the Statute de Finibus, 27 E. 1. is, Statuimus & ordinavimus.  
No Lord shall be tried by Peers, but Lords of Parliament, which are Temporal Lords, and not Spiritual Lords; for a Bishop, that is a Lord of Parliament, shall be tried as other common Persons are, as by Knights, Esquires, and Gentlemen; for that a Bishop is not a Lord but by reason of his Bishopric, and so was Cranmer, Archbishop of Canterbury, 1 Mar. Reg. Stanford, 153.  
A Peer of the Realm shall be tried in an Appeal by Knights, etc. and no● by his Peers, because it is at the suit o● the Party. Trial. Br. 142. Coron. Br. 153.10 E. 4.6. Stam. 152. Otherwise it is in an Indictment of Treason or Felony, for that it is at the suit of the King, 10 E▪ 4.6.  
The Duke of Somerset in the time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment, for it is the Suit of the King. Coron. Br. 153.10 Ed. 4.6. accords. And there it is said by Littleton, that the Lord Grace of Codnor, in an Appeal, was tried, as a Common Person is, and not by his Peers, although he was a Lord of Parliament. Treason, Br. 2.  
A man may be attainted by Parliament of Treason as well as by the Common Law, by Verdict, Outlawry, or Confession; because the Parliament is the highest Court of Record in England, and shall not be restored in his Blood without Parliament, but the King may give to him that is attainted his Life by his Charter of Pardon, and that by apt Words. Stanford 53.  
The King cannot alter the Common Law, nor a general custom of the Country, as the descent of Land in Gavil-kind, Borough-English, and such like, withoutParliament. Prerogative, Brook 15. 11 H. 4. 74. and see the Statute of 33 H. 8. c. 3. of the alteration of descents of Gavil-kind, and that the descent shall be as to Heirs at Common Law.  
When a Lord of Parliament is tried by his Peers, they shall not be sworn to say their Verdict, but they shall give their Verdict upon their Honour, and are not otherwise charged but upon their Honours. 1 H. 4. 1. and Stamford 152. From this, note what account the Law makes of a Peers Word, when he speaks upon his Honour, and this in case of a man's Life. A multo fortiori they ought to observe in lesser Cases when they speak, and make promise upon their Honour upon good Considerations.  
When a Statute may be taken to a double intent, the better shall be taken for the King, as the Statute of 14 E. 3. c. ultimo, in Stat. 1. it is ordained, that for every Sack of Wool carried out of the Realm, the Merchant shall find Surety to bring into England Plate of Silver of two Marks, and to take two marks of Coin again for Bullion; and after were two Statutes, one made 36 E. 3. c. 11. whereby it is ordained, for that the Commons have granted to the King of every Sack of Wool for three years one grand Subsidy, he grants by the same Statute, that after the three years, nothing shall be taken or demanded of the Commons but the ancient Custom of one Mark of every Sack of Wool; and the other Statute made 45 E. 3. c. 4. which ordains, that no Imposition, or Charge shall be put upon Wools, etc. other than the Custom and Subsidy granted to the King, in no sort, without the assent of the Parliament, and upon an Information in the Exchequer against one that had carried Wools, and had not found Surety according to the said Statute of 14 E. 3. which two Statutes aforesaid were pleaded, and adjudged, that the finding of Surety for bringing in the two Marks of Bullion is not taken way, for every Statute shall be taken most beneficial for the King, where it may be taken to a double intent, and it shall be taken, that it was the intent of the Makers of those said Statutes, to discharge the Commons of the grand Charges upon Wools after the three years, 4 E. 3. fol. 3. & fol. 12. Bar. Fitzh. 309. Vide Com. 10. 11.  
The Duke of Buckingham brought an Action, de Scandalis Magnatum, against one Lucas; for that he had said, the Duke had no more Conscience than a Dog, and so that he may have Goods, he cared not how he came by them, and recovered forty pound, as appears, Mich. 4 H. 8. Rot. 659. And the Duke may have a Suit in the Star-Chamber for such words; and I have viewed a Copy of the Record.  
The Lord Abergaveny, brought an Action upon the said Statute against Cartwright, for that the Defendant had told, and counterfeited false news of the Plaintiff; to which the Defendant said, that the Plaintiff will wind the Guts of the Defendant about his Neck; the Defendant pleaded not Guilty, and in Evidence the Plaintiff shown a Letter written to one B. wherein the Defendant said, that he understands by Report, that the Lord had said, ut supra, and held good Evidence, and it was found for the Plaintiff, and had Judgement accordingly; And so see, that to write and to say, are all one, for it is public. Vide Book of Entries 13. that fixing a slanderous Bill in an open and and public Place bears an Action, etc.  
In an Error in Parliament, the Record remains with the Justices, and they are to show it to the Parliament, and it shall not be removed to Parliament. 8 H. 5. Error Fitzh. 88 Dyer. 375. In such Case the Roll was carried by Wray Chief Justice into Parliament, for the Error was assigned in the King's Bench, but after that the Court of Parliament had examined it, he takes the Record with him, and leaves a Transcript in the Court of Parliament.  
A Petition in Parliament exhibited by A. T. for a Title he made to Land, that the King enjoyed, which was received, and sent into Chancery to be tried, Ass. Fitzh. 287. Lib. Ass. and he surmised, that there was a delay in the Trial of his Right.  
Those of London may bargain and sell their Land there, as they might before the Statute of Inrolments, and so it may be done in other Boroughs and Cities; and it was the Opinion of the Justices of both Benches, that the Lands in Cities, etc. are, where the Common Law is exempted from the Act, and so, that Lands devisable before, 32 H. 8. c. 1. are devisable at this day, notwithstanding the Act aforesaid. Dyer 155. And so a Statute in the Affirmative shall not change the Common Law, nor common Custom of a Town, as to Inheritances.  
A Lord of Parliament shall have Knights upon his Trial in every Action, 27 H. 8 fol. 27. Challenge. Fitzh. 115. 13 E. 3. in a Quare Impedit against a Bishop it has been so adjudged. Com. 117. Dyer 208. according.  
A Lord of Parliament may be Outlawed for Murder, 27 H. 8. Fol. 17. and it was the Case of the Bishop of Winchester, Ibidem. Vide Proc' F. 224.  
If a Lord of Parliament makes a Rescous, a Capias shall be taken out against him, if the Sheriff return the Rescous; otherwise it is in Case of Debt. 27 H. 8.27.  
An Exigent shall issue forth against a Lord of Parliament, if it be not certified that he is a Lord of Parliament, 27 H. 8.27. 35 H. 6. A Lord of Parliament shall not be Sworn on an Inquest, 27 H. 8.27.  
Day of Grace shall not be given against a Lord of Parliament. 27 H. 8.27. 27 E. 3.  
A Capias ad Satisfaciendum, does not lie against a Lord of Parliament. 27 H. 8.27. for the Law presumes that he has Assets, &c. 11 H. 4.15.  
A Man shall not be remitted that takes an Estate by Parliament. 34. H. 8. Remitter Br. 49. If the King gives Land to me, that is mine already, by Patent in Fee, I shall not be remitted. 21 E. 4.57. But if the King recites my former Right, and gives it me, I shall be remitted. Ibidem. Lib. Ass. 28.  
Note; That the King cannot alter the Law, by his Proclamation, but he can make Proclamation, that if any one does contrary to the Contents of the Proclamation, that he shall incur the Indignity of his Majesty; But upon pain of forfeiture of his Land or Life, without Parliament he cannot. Vide 31 H. 8. c. 8. That it was ordained by Parliament, that Proclamations made by the King, by advice of certain of his Council named in the same Act, aught to be obeyed, as though they were made by Act of Parliament. And after, 34. H. 8. c. 23. another Statute was made, concerning Offenders of the former Statute; But by the 1 H. 6. c. 12. both the Statutes are repealed; by which Statutes it appeareth, that Proclamations shall not bind, as Acts of Parliament do, unless it be so ordained by Parliament; for if so, the said Statutes of H. 8. were made in vain.  
A Statute recites, that such are attainted of Treason before such Commissioners, and this Attainder is confirmed; if there were no such Attainder in deed, the Act does not attaint them at all. Com. 400. A notable Case between Robert Earl of Leicester and Sir Christopher Heydon, and the recital that they were attainted, shall not conclude the Party so supposed to be attainted, but that by an Averrment he may avoid it; see the Book.  
By the 27 H. 8 th'. it was ordained, that it should be Felony in a Servant to embezil the Goods of his Master, and after by 1 E. 6. c. 12. all Felonies, made in the time of H. 8 th'. are annulled, but the Felony of Embezilling, etc. And by the said Statute of 1 E. 6. it is shown, that the said Statute of 27 H. 8 th'. was held at Westminster, upon divers Prorogations, the 4 th'. of February in Anno. 27 H. 8. and there continued, and kept until the 24 th'. day of April next following; and for that the said Branch▪ misrecites the Act of 27 H. 8. aforesaid, (for that Session begun the fourth day of February 27 H. 8. and continued until 24 th'. day of April than next following, and then ended, and not continued until 24 th'. day of April, as the Branch makes mention) by which it is Evident, that the Branch of the Act that refers to a Statute made in one Parliament, that begun such a day and continued till such a day, (whereas the Parliament did not continue) this must be void in point of time: and so the Parliament may mistake a thing, and by reason of this Misprision, it will not Arraign a Man that shall embezil his Master's Goods, after the said Act of 27 H. 8. Com. 400.  
If a Statute make an Act Felony, and does not mention Accessories, yet there shall be Accessories in the Case of the Statute: and this Master Dallison, Justice of the King's Bench, said, that it was so held by the King's Bench Court, 3 & 4 Ph. et Mar. as Lambert Reports in his Book of the Justices of Peace. Fol. 289. Vide Stamford, 44. and 19 H. 6.47. according. In the Case of counterfeiting the Seal, or Money, where the consenter or aider to it, etc. And yet the Statute speaks, If a Man counterfeit, etc. which thing another did not: so of Rape, where one commits the Act, and the other aids. 11 H. 4.12. Coron. Fitzh. 228. Vide Parliament. Br. 46.  
If an Act make a new Law in the Affirmative, which was not at Common Law, this Law implies a Negative; as a Man seized in right of his Wife, infeoffs a Stranger to the use of himself and his Wife, she is not remitted because she is a Purchaser of the Use, and she shall have the Land, as to the Use, wherein so much is implied, as if the Statute had said, Et non aliter, seu alio modo. Com. 113. As the Statute of Westm. 2 c. 4. grants, that in a Quod. ei Deforciat, if the Tenant recover, and maintain the Title of that which the Demandants call Ad Warrantum ac si essent, Tenants in Priori brevi, there, if the former Action had been such, in which he could not Vouch, as a Scire Facias, the Demandant shall not Vouch because it is not a new Ordinance of a thing that was at Common Law, which implies a Negative; As if it had been said, Et nullo alio modo. Ibidem. 113.  
When a Statute is made to Redress Covin, or an Inconvenience which was at Common Law, although it be penal, yet other Cases in the same mischief shall be taken by Equity of the Statute, as the Statute of the 16 R. 2. c. 5. of Praemunire enacts, that if a man Sue for any thing in the Court of Rome, or elsewhere, for which he may have remedy in the Court of the King, he shall lose his Land, etc. In this Case, if a man Sue at the Court of Rome for that, for which he may have remedy in the Bishop's Court in England, he shall be within the said Statute, and yet the said Statute speaketh of the Court of Rome, as appears, Praemunire Br. 9.9 E. 4.3. per Yeluerton, who said, that in the King's Bench it has often been the Opinion, that if a Clerk sue another in the Court of Rome for a thing Spiritual, where he may have remedy in this Realm, in the Court of the Ordinary, that he is in the Case of the Statute. The Statute de Religiosis, is that a recovery by the Defendant shall be Mortmain, and the Recovery by Reddition, Confession, or Action tried, is taken by Equity, by Genney, which is not decided, and so of Rent or Common, which is neither Land nor Tenement, by Lacon, which is not denied, 3 E. 4.14. Vide Montague in the Case of Wimbish. Com. 59 That the Statute which comes to redress Covin and Fraud, shall be taken by Equity, although it be not within the words of the Statute, and a Statute that is for the Redressing a general Mischief may be taken by Equity. by Horton. Parl. Br. 13.19.  
The Justices ought to take notice of a general Pardon given by Parliament, and allow it to the Party upon his Arraignment, although the Party do not plead it, unless there be an Exception in the Pardon so given, for in such Case he ought to show, that he is not one of them that is excepted, 27 H. 8.7. for the former and the latter, 8 E. 4.7. Charter of Pardon, Br 46.  
The King shall not be bound by a Statute, unless he be expressly named in it, by Prisot, and Ashton, as in a Quare Impedit. Although the six Months are elapsed, the King shall not be bound, but shall have a Quare Impedit; so if the King usurp on an Infant, this shall put him out of Possession, notwithstanding the Statute of Westm. 2 c. 5. which aids an Infant against a common Person. 35 H. 6.62, 63.  
A Man is attainted of Treason, and after the King gives his Lands to a stranger, and then he commits a Trepass on the Land, and after this he is restored by Parliament, and the Attainder is annulled, as if there had been no such Attainder, he shall not be punished for that Trespass. Vide Trespass Br. 425.10 H. 7. adjudged; Vide 4 H. 7.10. But if a Daughter, or other collateral Heir enter, and take the Profits, and after the next Heir is born, as a Son; he shall not have remedy for the outing of the Incumbent, nor shall have an account for the mean Profits. 9 H. 6.23.  
Note, if a man is attainted of Treason by Act of Parliament, all his Lands, Goods and Chattels are forfeited to the Crown, although it be not so said in the Act itself: by Townsend Justice:  
By the Common Law, if a man be attainted by Parliament of Treason or Felony, yet the Land is not in the Crown, before it be so found by Office, if it had not been so ordered by the Statute, 33 H. 8. c. 20, which gives possession in such case to the King without any Office; yet where a Tenant of the King dies without Heir, there the freehold shall be in the King without Office, for that the freehold cannot be in suspense. 9 H. 7.2 Dyer 486. Com. 486, 229.  
An Act of Parliament in the Affirmative shall not alter the Common Law, as a man recovering Debt or Damages, does not sue Execution within the year he was put at the Common Law to his new. Original, for he should not have had a Scire Facias before the Statute of Westm. 2. c. 45. the his quae recordata sunt, which gives a Scire Facias in such case, yet the party that recovers, may have a Writ of Debt after this Recovery, for that the said Statute is the affirmative, 39 H. 6.3.  
The Statute of 42 E. 3: c. 11. ordaineth, that four days before the Assizes, the Panel of the Assize shall be arrayed, yet two days before the Assize it is sufficient to array the Panel in Assizes, for that the Statute is in the affirmative, 43 Lib. Ass. 22.  
It is enacted by Parliament, that A.B. shall be restored, and that he may enter, yet he shall not enter upon the King, if it be not so enacted by Statute, that he may enter as well upon the King, as upon a Common Person. 4. E. 4.22, 23.  
At a Parliament holden by Adjournment, 38 H. 8. it was admitted, that if a Burgess of Parliament was made Mayor of a Town that had Judicial Jurisdiction, and the other is sick, that those are sufficient Reasons to choose others; and so they did by Writ of the King out of Chancery, that contained this matter, that it was admitted in the Commons House of Parliament. Par. Br. 7. 38 H. 8.  
Note, A Statute or Act of Parliament shall not be proclaimed, for the Parliament represents the Body of the whole Realm, for there are Knights, and Burgesses of every County and Town, 39 E. 3.7. But otherwise where it is ordained by the Act, that it shall be proclaimed, as the Statute of Labourers, 23 H. 6. c. 13. And the Statutes of Maintenance, Champerty, Imbracery, and Retainers, 32 H. 8. c. 9 are ordained to be proclaimed.  
A private Act of Parliament shall not conclude men, as a general Act shall; neither are strangers to it bond to take any notice, as Privies are, by 37 H. 6.15. 13 E. 4.8. Office de Court, Br. 27.  
Where the matter is against Reason, and the Party has no Remedy by the Common Law, he may sue for Remedy in Parliament, 37 Lib. Ass. 7.  
A man was restored by Parliament to Land that was forfeited, and had a Writ directed to the Escheator to put him into Possession, and he returns, that he was disturbed in making Execution, by A. B. who came, and said, that he had not notice of the Restitution, and by the Justices he is excused till he had notice, and the Reason, as it seems is, for that it is a particular Act, 43 Lib. Ass. 29.  
The Crown of England, and the Pre-eminence thereof, by Parliament, with all Prerogatives belonging to it, was given to H. 7. in Tail, this extends not to Liberties and Franchises of others. 1 H. 7.13.  
The King and the Lords assent, that H. B. shall be attainted, and lose his Land, and because it did not appear by the Act, that the Commons assented, therefore adjudged by all the Justices, that it was no Act of Parliament: whereupon the party was restored, 4 H. 7.10.  
Note. By the same Reason, that the Queen by her absolute Authority may commit a man to Prison, and to tarry there during Pleasure, as appears, Stamford, 72. so also by her Proclamation she may ordain, that if any one do act against the Content of that Proclamation, that he shall be imprisoned, and yet see 42 Lib. Ass. 5. where a Commission issuing out of Chancery to seize the Goods of A. and his Body without other process, the Suit was awarded void.  
Note, The Queen may by Proclamation inhibit, that her Subject shall not go out of the Realm, upon pain to make Fine for the Contempt if he go, etc. Fitzh. Nat. Br. 85.  
T. infeoffs W. and A. his Wife in Tail, and after it was enacted by Parliament, that all Estates made by T. to W. shall be void; yet by Fineax and Brian Chief Justice, this is void, as well to the Wife as to the Husband, for they are but one Person in Law, and the Wife cannot take but by the Husband; But if an Estate had been made to J. and to another Man, and all Estates made to J. are enacted by Parliament to be void; there the Estate is good for a Moiety to the other man, and with this agreed Vavisor, yet others are of a contrary Opinion 5 H. 7.34. Dyer 331, 332.  
Note, that it was agreed by the Justices, that the Statute of Additions, made in Anno 1 H. 5. c. 5. shall bind the King as to Indictments and such like, as well as common Persons. 5 E. 4.32. Com. 236. But see there, that an Indictment is specially mentioned, which is at the King's Suit, and so is as a Name in the Statute.  
See in the Book of Bracton, about a Parliament holden by a Lieutenant, or by a Protector, or by a Deputy, and the like; See 8 H. 5. c. 1. whereby it is enacted, that Parliament Writs being awarded in the name of the King's Lieutenant, shall not be stayed upon the King's Return into England, neither shall the Parliament be dissolved.  
An Act of Parliament in the time of H. 6. was made, whereby all Corporations and Licenses granted by that King were made void: It was held, that this Act must be pleaded Certain, and the Court is not bound to take Connisance of them no more than of a particular Act for a particular Person, for this Act is not general, but particular in a generality, That all Corporations, etc. or that all Lords, or all Bishops shall have such a Thing, etc. But where an Act is general, and extends to every Man, this aught to be pleaded. 13 Eliz. 4.8.  
A particular Act was made, that the Chancellor calling to him a Justice, may award a Subpaena against A. and B. and make Fine of the matter; there all the Justices besides Littleton, would not award a Subpaena General, but a Special one, making mention of the Act, for a particular Act shall be taken strictly, and a general Act for the Public Good shall be construed largely. 14 Eliz. c. 41.  
Every one shall be bound by an Act of Parliament, if his Right be not saved, for every one is privy to an Act of Parliament. 21 H. 7.4. by Vavisor.  
The Statute gives a Writ of Praemunire, etc. Yet one may have a Bill in the King's Bench, in Custodia Mareschalli, 2 R. 3.17. and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jailor, and yet the Party may have a Bill upon the Escape against him: Com. 35.  
If the King be entitled to the Land of J. S. by forfeiture for Treason, or Felony, by Act of Parliament, or Office, by this all Tenors are determined, as well of the King as of all others, and there, if this Land be afterward given to another, by another Act of Parliament (saving to others all Rights, Interests, Titles, Rents, Service, and the like, as if no such Act had been made) there the Signories and the like, are revived, for no Seignory was in esse at the time of the second Act made, and so there are no Words of giving, nor of reviving, but Words of saving, which serve not but to save that which is in esse at the time of saving, etc. But such Proviso in the first Act may serve, for it comes with the Act, that entitles the King, and if the King is entitled to Land by Office, by Escheat, and after it is enacted by Parliament, that the King shall enjoy it, saving to all others their Signories and Hundreds, there such saving will not serve, for the Reason aforesaid, for all was extinct before by Office, and nothing was in esse at the time of the saving, etc. 27 H. 8. Parliament. Br. 77.  
Note, If an Act be general, viz. Where it speaks as well within Franchise, as without, this shall bind a County Palatine. 19 H. 6.12. by Hoddy.  
Note, Those Words that destroy Life and Member in Statutes, are intended of Felony, as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused, or Damsel, that assented not before or after, he shall have Judgement of Life and Member; which Words have always been taken to be Felony, without the word Felony mentioned in a Statute; and so the Statute de frangentibus Prisonam. 1 E. 2. Coron. Br. 204. 9 E. 4.20.  
If a Felon be pardoned by Parliament, and pleads not Guilty, he shall not have a Writ of Conspiracy, for the Felony was gone before by the Pardon. Fitzh. Nat. Br. in the Writ of Conspiracy there.  
In a Replevin, the Defendant justifies, as under Sheriff of London, by a Fieri facias, to levy the Expenses of the Knights of Parliament, amounting to, etc. And every Hundred was put in certain, and W. one of the Towns of such an Hundred, was rated 10 l. and he, as under Sheriff, took the cattle in the Town, in such a Place, and the same Beasts he sold, and paid the Knights, and so avows, etc. And there by the Court, he may take the Arms of a Man for the Duty of the whole Town; and that those Boroughs which send Burgesses of Parliament, shall not pay to the Expenses of the Knights of the County, unless there be a Prescription, That the Tenants of the Ancient Possessions of Lords of Parliament, have paid towards the expenses of Knights of Counties; But if the Lords purchase Lands de novo, (that are liable to those Expenses) there the Tenants must pay. 11 H. 4. Fol. 2.  
The Villains of Lords of Parliament, that come to Parliament, shall not be contributory to the Wages of Knights of the County, that come to Parliament, but the Lords shall have Letters in their own names, directed to the Sheriff, commanding him, not to distrain their Villains, etc. F. N. B. fol. 229.  
If there be divers Sessions in one Parliament, 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, 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; but every Session, wherein the King signs Bills, is a day by itself, and one Parliament by itself, and shall have no other Relation, but to the same Session. 33 H. 8. Parliament. Br. 86.  
Note, If a Man in pleading allege a Statute, and misrecites it in the Matter, or in the Year, Day, or Place, the other Party may demur generally, because there is no such Law; for every one that alleges a Statute, aught to recite the Law truly, but in the King's case it may be amended, and this in another Term, otherwise in the case of a common Person. 33 H. 8 Parliament. Br. 87.  
A Man cannot prescribe against a Statute, as in Trespass, the Defendant prescribed to distrain for Tenure upon the Land holden, and to carry the distress to D. in another County, whereupon he was condemned, for the Statute is, that a man shall not take a distress in one County, and carry it into another. Marlebr. 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet, if a man hold Land in one County, of a Manor that is in another County, he may distrain for Rent, or Services of the same Land, and carry the distress where the Manor is, and impound it there. 1 H. 6.4. Vide Prescription. Fitz. 58. 8 H. 3. etc. 6 H. 8. Rot. 351.  
Ass. was awarded of Damages for the Plaintiff upon Certificate of the Bishop, that the Tenant was a Bastard, and the Parliament wrote to the Justices of Assize to cease, and yet they proceeded; whereupon the Chancellor reversed this Judgement before the Council, and adjudged it in the same manner as it was upon the Certificate, etc. And then remitted it to the Justices of Assize, that had proceeded, and given Judgement for the Plaintiff, for that the Bishop had certified the Tenant to be a Bastard; and they took no notice of the Reversal before the Council, for that is not a place where a Judgement ought to be reversed. 39 E. 3. 14.  
Note, After Judgements given in the Court of the King, the Parties and their Heirs shall continue in possession till the Judgement be avoided by Attaint, or by Error, as it hath been used by the Laws in the time of the King's Progenitors. 4 H. 4. c. 23.  
The Parliament may take Recognizances, whilst it is sitting, viz. the Upper House, 1 H. 7.20. and so it seems may the Lower House, Recogn. Br. 8. Parl. Br. 92.  
Note, That it hath been often sound, that Wales, and the Counties Palatines that did not come to Parliament, should not be bound by the Parliament of England, for Ancient Demesn is a good Plea in an Action of Waste, given by the Statute, and yet Ancient Demesn is not excepted; and it is enacted, 2 E. 6. c. 28. that Fines with Proclamations shall be in Chester, for the former Statutes do not extend to it, and it is enacted, that Fines with Proclamation shall be likewise in Lancaster, 37 H. 8. c. 19 and Proclamation upon an Exigent is given by Statute, in Chester, and in Wales, 1 E. 6. c. 10. and such another Act of Lancaster, 5 & 6 E. 6. c. 26. And the Statute of Justices of Peace shall not extend to Wales, nor to a County Palatine, and therefore an Act is made for Chester and Wales, 27 H. 8. c. 5. But see Tit. County Palatine, 17. & 20. that any Act shall extend to a County Palatine, 8 H. 6. c. 34. See above, the Act for Knights and Burgesses of the said County Palatine to come to Parliament, etc. 34 H. 8. c. 13.  
The Wife of a Duke, Earl, Baron, and such as being married, or Widows, in Case of Felony and Treason, shall be tried by their Peers, as her Husband shall be tried. per 20 H. 6. c. 11. Stamf. 153. But if her Husband cannot have such Trial, the Wife shall not; and if after the death of the Husband, she marries an Esquire or Knight, she loses her Dignity in Law. Dyer 79.  
An Attachment is not grantable by the Common Law, Statute Law, Custom, or Precedent, against a Lord of Parliament, and the Lord Cromwell by order in the Parliament Chamber was discharged of such Process. Dyer, 316.  
See Debt, for 100 l. brought by R. Buckley, Knight, against Richard Thomas of Lanuaire, upon the Statute of 23 H. 6. for that he was chosen Knight for the County of Anglesey in Wales, which said R. T. being Sheriff of that County, did not return him accordingly, where it was argued, that the Statute did not extend to Wales, as to give the forfeiture aforesaid to the Knight chosen, and not returned; And yet it was adjudged, that the Plaintiff should recover, because the Statute 27 H. 6. enacts, that the Country, and Dominion of Wales shall be, stand, and continue for ever incorporated, united, and annexed to and with the Realm of England, and that every Person born, or after to be born in the said Country or Dominion of Wales, shall have, enjoy, and inherit all and every Liberties, Franchises, Rights, Privileges, and Laws, within this Realm, and other Dominions of the King, as other King's Subjects naturally born within the same, have had and have enjoyed. Com. 120.  
If a man speaks slanderous words of the Queen, and is not punished within the time given by the Statute of 23 Eliz. c. 2. he shall be punished by the Statute of Westm. 1. viz. shall be imprisoned until he find the Person that spoke, etc. according to the Statute, W. 1. cap. 33. and not according to the advice of the Council, for that is when the slander touches the Nobles and great Officers, expressed in the Statutes made 2 R. 2. c. 5. & 12. R. 2. c. 11. and not the King, for he is a Person exempted, and not employed in those words of great Men and Nobles. Dyer, 155.  
In a Praemunire against a Lord of Parliament, he ought to appear in his proper Person, and not by Attorney, unless he has a special Writ of Chancery. 14 H. 4.14. 9 E. 4.2.  
Note, that in January, 38 H. 8. Henry Howard, Earl of Surrey, Son and Heir Apparent of Thomas Duke of Norfolk, was attainted of high Treason for joining the Arms of England, before the Conquest, and other Arms after, to his own Arms, and other pretences against the Prince, and he was tried by Knights and Gentlemen, and not by Lords, nor by Peers of the Kingdom, for that he was not an Earl by Creation but by Birth, as Heir Apparent of a Duke, who was invested with the dignity in Law, for if it had been a Dignity by Creation, and a Lord of Parliament, he should have been tried by his Peers. 38 H. 8. Treason, Br. 2.  
A Statute in the Affirmative doth not alter the Common Law. Dier. 50.  
Every Session is as a Parliament. Dyer, Fol. 203.  
Note, An attaint by Parliament, shall have Relation to the first day of Parliament, as to the forfeiture of the Lands of the Offender, unless it be specified in the Act, that the forfeiture shall relate to the day when the Treason was committed. Relation, 43.35. H. 8.  
Note, That in every Case of Treason or Felony newly made by Statute, the Lords of Parliament shall have their Trial by their Peers, notwithstanding that the Statute does not provide for it by express Words; so that the Proviso inserted for their Trials in such Cases in the Statute is an abundance. per Stamford, 153. And Trial per pares is given by Magna Charta, cap. 9 Stamford, 152.  
Note, That in Cases of misprision of Treason, or Felony, Lords of Parliament shall be tried by their Peers.  
Note, That a Statute was made Anno Domini 1296. by the King and his Barons, Clero excluso; and this was at a Parliament holden at St. Edmundsbury, in the Reign of Ed. 1. as Jewel Bishop of Sarum, against Harding, fol. 620, reporteth; And in a Province at Merton, in the time of H. 3. 1273, where the matter was moved touching Basterdy, for the Legitimation of those that were born before Marriage, and it is said, that the Statute passed entirely with the Lords Temporal without the Clergy; but it seems that it is no Statute, but an affirmance of the Common Law, which the Lords said, that they would not alter. see 11 R. 2. cap. 9  
A man attainted of Felony or Treason, shall not be restored in Blood without Parliament. Restitution. Br. p. 37. 3 E. 6.  
In a Homine Replegiando the Sheriff returns, that the Defendant had eloigned the Body, so that he could not make deliverance, etc. then the Plaintiff shall have a Capias in Withernam, to take the Body of the Defendant, and detain him, etc. until, etc. be he either a Peer of the Realm, or other Common Person, and if the Sheriff return, Non est inventus, upon this Capias in Withernam, of the Body, than the Plaintiff shall have a Withernam of the Goods of the Defendant. F. Nat. Brevium 68 11 H. 4.15.  
R. E. brought a Writ of Chancery, and of the Privy-Seal, to be discharged of serving in Juries and Assizes, for that he was a Baron, and therefore ought not to be sworn in Ass. against his own Will, and it was questioned whether he held by Barony, to come to Parliament as a Baron, and he said, that he held by one part of a Barony, and that he and his Ancestors have used to hold so time out of mind; and after upon good Advise he was altogether discharged. Exemption. Br. 3. 46 E. 3.30.  
When an Error is sued in Parliament, committed in the King's Bench, a Scire facias shall issue forth to the Party to answer at the next Parliament; and by Hankford, in Error sued there, it is said, that the Record must remain with the Justices, and they send a transcript of it thither, etc. Error. Fitz. 18. 8 H. 5. and Dier 375, the Record itself, and a Transcript of it, was brought into Parliament to be examined, and the Transcript was left there.  
Bagot was made a Denizen by H. 6. and after, by a Parliament in the time of Ed. 4. All Acts done by H. 6. are repealed and annulled, yet B. continues a Denizen, for that he was made once a Denizen, and there must be a special Act to annul that Denizenship. Denizen. Fitzh. 1.9 E. 4.  
Note, If a Peer of the Realm, or Lord of Parliament, be Demandant, for Plaintiff, Tenant or Defendant, there must two Knights be returned of his Jury, or else the Array may be quashed; as appears in an Assize betwixt the Earl of D. and Newdigate. Com. 117. Challenge, Fitzh. 115. 13 E. 3. and Dier, 107. Vide Dyer. 318. where the Defendant was proclaimed Earl of Kent, by Descent, pending the Writ, and after the Earl challenged the Array, for that he was an Earl, and no Knight returned in the Panel, and it was not allowed, for the admittance of both Parties is to the contrary, and no default in the Sheriff, for he had no notice of such estate of either Parties; and note, Dier 246. If there are divers Defendants, whereof one is a Lord of Parliament, and the Array is challenged for the Cause before, this shall serve to quash all the Array against the other Defendants also, for that it is entire.  
The Statute of 4 H. 7. of Fines is penal, because the Right shall be bound, if he comes not in within five years after the Title accrued, and for that the Statute is very beneficial for the repose and quiet of Land in Possession of the Subject, it shall be largely expounded, and therefore, if the time Commence in the Father, which is a stranger to the Fine, to make claim within the five years, and after he dies, within the five years, his Issue, that is within Age, shall be bound to pursue the rest of the five years commenced in the Life of his Father; as it is adjudged in the Case of Zouch and Stowell. Com. Fol. 375. And a Corporation, as Mayor and Communality, that have an absolute Estate, shall be bound, if they do not make claim within five years after the Title accrued; and yet the Statute of 4 H. 7. of Fines, makes no mention of Corporations, or Bodies politic, but yet are Parties within the intent of the Statute. Com. 538. Otherwise it is of a Person of the Church, and a Bishop, because they have not an absolute Estate. Ibidem.  
Chaplains, that are Masters of Chancery, and are attendant on the Parliament, shall not be Contributory (by reason of their Benefices) to the expenses of Proctors made by the Clergy, that come to Parliament, and if they be, they shall have a Writ to the archdeacon and his Officers, for the discharging them, and upon that there shall be an Alias, and Pluries, and Attachment against them: which Writ appears in Fitzh. Nat: Brevium, 229. and by the Writ it appears there, that this is given by the Statute of Westminster. Privilege. Br. 56.  
Lord and Tenant, and the Tenant is attainted of Treason by Parliament, and it is ordained by it, that he shall forfeit all his Lands, and after is pardoned and restored by another Parliament, Habendum sibi, & Haeredibus suis, as if there were no such Attainder, now he shall hold of the common Person as before, and yet once the Tenure was extinct by the forfeiture of the Land to the King. 21 H. 8. Tenors. Br. 70. Vide, Parliament Br. 77. What words in an Act will revive Signories, which were before extinguished, and that it is no good Case; And see Stamford. 197. That if the King infeoff an estranger of them, it ought to revive the mesn Seignory, which was before the Attainder, Tenendum of the mesn Lord, as it was before the Attainder. Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case, Vide Dyer 313. where the saving of a Seignory in a Statute is not good.  
When a Statute gives a forfeiture to the King, and to the Party grieved, as where a man is prejudiced by Perjury, or by a fraudulent conveyance of Land or Goods, to defraud the Action or Suit of Creditors, and such like, there none shall have the Suit upon the Statute but the King, or the Party that has received Loss thereby.  
Otherwise it is, if the Statute says, that the King shall have a Moiety, and he that shall inform shall have the other Moiety (without mentioning the Party grieved.) And if the King commenceth the Suit before an Information of the Party, in this Case the King shall have all the Forfeiture, and he may, before the Suit of the Informer, release to the Party offending, and by it every other Person is excluded. 1 H. 7.19.  
The Statute of 21 H. 8. c. 13. is, If a Parson take another Benefice beyond the yearly value of 8 l. without a Qualification, the first Benefice is void; This value shall not be taken as the Parsonage is valued in the Book of first-Fruits, but as it is valued in deed. Dyer, 237.  
The Statute 21 H. 8. c. 13. says, that no Parson of a Church, or such Spiritual Man, shall take a Lease for years, for Life, or at Will, etc. upon pain of forfeiture for every Month that he shall occupy it, 10 l. to the King and Informer; But note, that the Lease is not made void by the said Statute, as it has been ruled. Dyer, 358.  
Note, no man can make Proclamation but by Authority of the King, as Mayors, and such like, as have privileges in Cities and Boroughs so to do, or have it by Custom; And therefore where an Executor made Proclamations in certain Market Towns, that the Creditors should come by a certain day, and claim, and prove their Debts due by the Testator, and because he did this without Authority, he was committed to the Fleet, and fined. 22 H. Br. 8. 10.  
Note, a Man shall not be made a Bastard after the death of his Father and Mother, because the marriage is determined, and if a Commissary after their death find such Case of Divorce, and after such Diource being made, after the death of one of the Parties, this shall never Bastardise the Issue; and so it was taken in Parliament. 24 H. 8. Bastard. Br. 23.39. c. 3.32.  
Note, If a man gives Lands to one, and his Heirs Males, in this Case his Heirs Females shall also inherit; and this was also adjudged in Parliament, as Thorpe said, 18 La. p. 5.  
Note, It was written Tybinry-broke, in a Writ of Cozenage, and in the Habere facias Visum, the Writ was Tybinry without Broke, and it was demanded of the King's Council, by S. H. Green and Thorpe, Justices, whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts, that the Justices may amend a Syllable or Letter, which is found too little or too much; and one of the Council answered, that it was a needless Question of them, whether it may be amended, for he said, that it may be well amended, be it a Syllable or a Letter, without which the Word cannot subsist, and no difference. 40 E. 3.34. And so see the Justices demanded the intent of the makers of the Statute, of those that were of the King's Council.  
Note, A Fifteenth is granted by Parliament, and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted. Br. 9 34 H. 8. And if the Tenants pay for their Goods, the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy. 7 H. 4.33. 11 H. 4.46.  
A Town is charged upon a fifteen granted, at the sum of 4 l. and one of the Town by the King's Charter is discharged of the fifteen in the same Town, so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest. Per Curiam, 19 H. 6.63.  
Note, A Bishop has a Manor within which are Tenements by the Verge, by Copy of Court Roll; which Copy-holds, time out of Mind, have been taxed within the same manner to the Wages of the Knights of Parliament, and a good Prescription, although the Lord come to Parliament, and is charged for his Spiritual Possessions for the Dimes or Tenths among the Clergy. Vide Avow. Fitzh. 260. 8 R. 2. according.  
One is taxed for the Fifteenth in his Land, and when he perceived that the Collector was coming to distrain for the 15th; that is to say, for his part that he was to pay towards the 15th, he drove his cattle out of the same Land, before the Collector could take them: he cannot pursue: by Brian. So for damage pheasant, 19 E. 4.10. otherwise it is for Rent-service. 44 E. 3.20.  
At the time of a 15th granted to the King, A. who lives in W. has Corn growing in C. and before the Assessment, he reaps and carries it to W. it shall be liable for the goods in W. and not in C. and in a Replevin the Issue shall be, If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42.  
Note, The Fifteenth at this day is levied by Rods of Land most commonly, and in some places upon their Goods. Quinz. Br. 9 34 H. 8.  
Note, That where the Abbey of Saint Edmundsbury was founded by the King's Progenitors, and exempted from all Episcopal Jurisdiction, so that no Ordinary could Visit there, contrary to the Foundation, and Ordinance aforesaid; upon a difference that was between A. Bishop of Norwich, and B. Abbot of Bury, concerning that Exemption; It was Ordained at a Parliament of William the Conqueror, held such a Year (by the Archbishop of Canterbury, and all other Bishops of the Realm, and by the Earls and Barons) that for the time to come, neither the Bishop of Norwich, nor any of his Successors, should act contrary to the Points of the Exemption and Foundation abovesaid; and that he that shall be Bishop, shall pay to the King or his Heirs thirty Talents of Gold; and for that the Bishop of Norwich that now is, has gone contrary to this Ordinance of the King, a Contempt was issued against him, and the Bishop pleaded Not Guilty, and was found Guilty; whereupon it was awarded, That the Bishop's Temporalities shall be seized into the King's Hands, and that the King shall recover the said Sum of Money. 21 E. 3.60.  
Note, Those of Ireland are bound by the Statute of England for their Goods, if the Statute gives forfeiture of Goods, for doing a thing contrary to the Statute, but not for Land, or any thing touching Land there. 2 R. 3. fol. 12. And yet those of Ireland, do not send any Lord, Knight, or Burgess to the Parliament of England, for they have a Parliament of their own when the King pleaseth. Vide Action upon the Statute, Fitzh. 1. and 11 H. 6. where Hussey Chief Justice said, that the Statutes of England bind those of Ireland, which was not much denied by the other Justices at that time, although the Term before some were of a contrary Opinion. Vide 20 H. 6.9. That those of Ireland are not bound by the Statutes of England, as if Tenths be granted by the Parliament of England, those of Ireland are not bound, because they are not summoned to the Parliament of England.  
Vide, Fitzh. Nat. Brevium 22. Error in the Kings-Bench of Ireland, reversed in the Kings-Bench of England. Assis. Fitzh. 328.  
Vide Dier, 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland, nor by his Peers, not by Jury, because he is a Subject of Ireland; And England and Ireland have several Seals; whereby it appeareth, that the Laws of England shall not bind those of Ireland for their Land. Dier, 303. A man has Goods in England, and other Goods in Ireland, and dies intestate in England; and the Intestate has an Obligation of a Merchant that dwells in Ireland, which Obligation was in England, when he died, and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there, and the Wife of the Intestate of the Goods in England, of the Archbishop of Canterbury within his Province, the Son releaseth to the Obligor in Ireland, and in Debt by the Wife of the Intestate, who has the Obligation in her Hand. This Release was pleaded, and the issue taken was, whether the Obligation was in England or in Ireland, when the Obligee died. Out of which it may be collected, that the Archbishop of Canterbury had to do with it, and not the Bishop of Dublin. Dier 305.  
Vide p. 16. El. Ro. 436. Lanc. A Writ of Account was brought by Steven Pined, by his Guardian assigned by the Court, after that he was of the Age of fourteen years, and before twenty one years, for the profits of Land in Gavelkind, received by Giles Frankling Defendant, Guardian of the said Pined Plaintiff, before fourteen years, and yet the Statute is, Cum ad aetatem, etc. and this is intended one and twenty years. Vide 29 E. 3.3. Account for Land in Gavelkind after that the Heir came to fifteen years.  
A man has Restitution by Act of Parliament, and a Writ of Ouster le main issued forth to the Escheator, and the Tenant that had the Land, upon a Traverse by him tendered, made Rescous: If he had not notice of this Restitution, he shall not be punished by Fine for that Rescous, and the reason may be, for that it is a special Act. 43. Lib. Ass. 28.  
Henric', etc. Vic. Derby salutem; Praecipimus tibi quod statim post receptionem praesentium in singulis locis infra Ballivas tuas, tam infra Libertates, quam extra, ubi magis expedire videris ex parte nostra solempniter, & publice Proclamation' fact' quaedam Statuta, & Ordinationes per nos de Communi assensu Praelatorum, Magnatum, & Communit. Regni nostri in presenti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri praedicti, editi, & Provisi, quae in quibusdam schedulis huic brevi nostro annex' per Latorem praesentium tibi mittimus, mandantes praeterea quod immediate post Proclamationem sicut permit. per te factas omnes & singul'. hujusmodi schaedulas in separat' distinct', et public' locis, ut subditis et Ligeis nostris plenius apparere poterit, in Tabulis affigi, et poni similiter fac', et hoc sub periculo incumbente non omitti; Teste, etc.  
Note; That a special Bill against J. P. was put into Parliament, 33 H. 6. for Ravishing of a Woman, whereby it was ordained, that he come before the Lords within a certain day after the Proclamation made by the Sheriff of the County of E. after Pentecost next, and if he appeared not, than he should be attainted, and pay a certain Sum to the Woman, and this Bill was exhibited to the Commons after Pentecost, which was within the time of Parliament, that begun 15 P. before; Anno Predict '. And the Lords gave day to J. P. to appear after Pentecost, Anno 1457, which was 34 H. 6. within a day certain after the Proclamation, and this Bill was not sent to the Commons, as it ought to have been, for that the Lords gave a longer time than the Commons gave, and after J. P. did not appear according to the Proclamation, whereupon he was taken, and sent into the King's-Bench, and there pleaded by his Counsel, that the Act was not an Act, for that the Lords had given a longer day, ut supra, and the Bill was transcribed upon a Certiorari in Chancery, and by Mittimus of Chancery under the Seal there, was sent to the Justices, and the Writ was, Rex Justitiariis suis, etc. Transcriptum cujusdam billae coram nobis in Cancellariam nostram in filacio, etc. exhibit', & authoritate ultimi Parliamenti nostri, etc. Confirm. versus J. P. Vobis mittimus, by which, etc. And although it is not an Act of Parliament in Law, for that the Lords gave a longer time, ut supra, yet the Clerk of Chancery made the Writ, which was confirmed by Parliament, and it was not so in Truth; And Fortescue, in the Exchequer Chamber, seems, that it cannot be intended but that the Act is good, for that the King by his Writ certified the Justices, that the Bill was confirmed by Parliament; But Illingworth, Chief Baron, said, that it shall not be taken for an Act of Parliament; for the writing of a Clerk of Chancery cannot make an Act of Parliament good, if it be vicious or void in itself; and after, Fortescue said, that this is an Act of Parliament, and he would be advised before he would make void an Act of Parliament; and so see, if a Certificate under the Seal of the Chancery of a Record there, shall be contradicted. Vide Com. 232. and 21 E. 3.40. that a Man shall not have an Averrment against a Certificate under the great Seal.  
FINIS.