Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq.

§ 2. Some Presidents wherein the House of Commons have for mis∣demeanors turned out and dis∣charged their Members.

I. ANno 27 Eliz,* 1.1 Dr. Parry for several misdemeanors and

crimes, was disabled to be any lon∣ger a Member in the House.

II. An. 18 Jac.* 1.2 Sir Giles Mom∣pesson for being a Monopolist, and for other great and insufferable crimes by him committed, to the abuse of his Majesty, and grievous oppression of the Subjects, was

1. Turned out of the House.

2. Committed to the Tower.

And after Impeached before the Lords, who gave Judgment upon him:

1.* 1.3 To be degraded of the Order of Knighthood.

2. To stand perpetually in the degree of a person Outlawed for Misdemeanors and Trespasses.

3. His Testimony never to be received in any Court, nor to be of any Inquisition or Jury.

4. To be excepted out of all ge∣neral pardons.

5. That he should be imprisoned during his life.

6. Not to approach within 12.

miles of the Courts of the King or Prince, nor at the Kings high Court usually held at West∣minster.

7. That the King should have the profits of his Land for life, and all his Goods and Chattels, and should be Fined at 10000 l.

8. He was also disabled to hold or receive any Office under the King, or for the Commonwealth.

9. And lastly, ever to be held an Infamous person.

III. And in the Parliament 19 Jacobi, Sir John Bennet Knight,* 1.4 one of the Members of the House, having been accused for Corrupti∣on, in receiving divers Bribes in

the execution of his judicial place of Judge of the Prerogative Court of Canterbury: All which was proved to the full satisfaction of the House.

Ordered by the Commons House of Parliament,

1. That a Warrant should issue under Mr. Speakers hand, directed to the Sheriffs of London and Middlesex, for the safe keeping of the said Sir John Bennet, until they shall receive other directions from the Lords; to whom the Com∣mons had resolved to prefer an Impeachment against him.

2. That he be put out, and no longer to continue a Member thereof.

3. That a Warrant be made for a Writ for a new choice for the Vniversity of Oxford.

IV. In the same Parliament,* 1.5 the Commons House of Parliament for that Sir Robert Floyd had been a projector of a Patent for a Mo∣nopoly,

being a general grievance both in the original creation, and in the execution:

Resolved una voce,* 1.6 That the said Sir Robert Floyd was a person unworthy to continue a Member of this House, and adjudged him pre∣sently to be put out.

V.* 1.7 Anno 3 Car. 1. Mr. John Barbour a Lawyer, and Recorder of the City of Wells, for subscri∣bing a Warrant for the quartering of Souldiers; though he pleaded fear; yet because he would rather not lose his Place than do Justice, he was thought unfit to make Laws, that violates the Laws, his fault being aggravated by his pro∣fession; he had done well to have remembred 11 R. 2. when Belk∣nap amongst other Judges gave his Opinion for fear, unwilling to lose his Cushion; when he came home he could not sleep, but said, I deserve three H. H. H. a Hurdle, a Halter, and a Hang∣man.

1 H. 4. a Law was made, that fear, much less Ambition or Avarice, should be no good Plea, there being no hope of a Coward. This may serve as an Almanack for the Meridian of England. This Example will prove more and try more than 20 points of Doctrine; it will strike fear, circumspecta agatis:

Mr.Barbour was called in to answer for himself, and after withdrew, and Ordered,

1. That Mr. Barbour* 1.8 be sus∣pended the House, and sequestred, till the pleasure of the House be known.

2. That a Committee examine the Cause, and that no motion be made till that be done.

3. And the Order was signified to Mr. Barbour by the Serjeant.

Notes

• * 1.1

  Jour. Dom. Com. Anno. 27 Eliz. Dr. Parry's Case.
• * 1.2

  Journ. Dom. Com. 18 Jac. Sir Giles Mom∣pesson's Case.
• * 1.3

  Journ. Dom. Proc. 18 Jac. The Lords Judgment againw him.
• * 1.4

  Journ. Dom. Com. 19 Jac. Sir John Ben∣net's Case. Illos extollimus, qui fraudibus ac dolis divites facti sunt, eos patres legum, Justitiae fontes, sapi∣entiae{que} thesauros appellantes, O inconcussa Dei justitia, quamdiu haec pateris? ab horum igitur scholis, in quibus non sat scio an de veritatis inventione, an potius de lucri spe major sit disceptatio, prodeunt Judices, Praesides, at{que} Ministri, manibus tenacibus, oculis impudicis, effrenata libidine, lapideis cordibus, ficta gravitate, lin∣gua melliflua, sed dentibus virulentis, & breviter auri insatiabili fame. Cardan, libro de utilitate ex adversis capienda. Cap. de Temporum & Magistratuum pravitate, p. 649.
• * 1.5

  Journ. Dom. Com. 19 Jac. Sir Robert Floid's Case.
• * 1.6

  Turned out for being a Mono∣polist.
• * 1.7

  Journ. Dom. Com. 3 Car. 1. Mr. John Bar∣bour's Case.
• * 1.8

  The Order of the Commons against Bar∣bour.