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.

De Matrimonio inter Edwardum primogenitum Regis & filiam Caroli Comitis de Valois con∣trahendo.

AVdivimus & super eisdem deliberationem hujusmodi cum aliquibus de nostro Consilio & tra∣ctatum-Verum quia tam nobis quam illis visum est non esse expediens ne{que} decens quod contractus hujus∣modi abs{que} Praelatori & Magnatum Regni nostrim Consilio & assensu in Parliamento requirend. & fir∣maretur, & vestrae sinceritati duxi∣mus intimand. quod cito post festum Sancti Mich. prox. ventur. Parlia∣mentum nostrum proponimus con∣vocare & tunc de Commum Con∣silio super dicto negotio ordinare curabimus quod vobis placitum no∣bis{que} & Regno nostro utile fore videbimus & decorum dat. apud Thorp. juxta Ebor. 6. die Ju∣nii.

And King Edward further writes to Charles King of France and Navar about that Marriage. Set super eodem in prox. Parlia∣mento nostro quod statim post fe∣stum Sancti Mich. prox. futuri te∣nere proponimus deliberationem & tractatum pleniorem habere inten∣dimus & tunc inde taliter ordina∣re quod inde debebetis merito con∣tentari Dat, &c.

16. Anno 13. E. 3. licet nuper de Consilio & assensu Praelatorum & procerum & Communitatis Regni nostri nostrum assumentes passagium ultra mare, &c.

17. Anno 14 E. 3. It was pro∣posed to the Grauntz & autres des Communes in Parliament, to treat and ordain touching the War then with France, the keeping of the Peace of the Land, and the mar∣ches of Scotland, and of the Sea.

18. Anno 17 E. 3. It was pro∣pounded in plein Parlement that the War was attempted and be∣gun by the common consent des

Prelatz, Grantz & Communes, and that the King would not treat of Peace without their assent, and thereupon it was commanded to the Prelates and Grantz to assem∣ble themselves in the Chamber Blanch to treat, conclude and as∣sent amongst themselves, whether the King should send Ambassies to Rome, to shew and propose his Title to France before the Pope; and in the same manner it was charged the Knights of the Shire; and the Commons to assemble in the Chamber depeint, to treat, conclude and assent amongst them upon the same business, and to give their Answer, & lour assent en dit Parlement.

20. In the Parliament 18. E. 3. The King by his Chancellor pray∣ed and charged the Prelates, Earls, Barons and Commons, that they would consider touching the Articles of Truce between the King and France, and that they would mettre leid & le Conseil

give their Aid and Counsel for the Salvation of the Rights and Ho∣nour of the King, & de eux meismes, and of themselves.

21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament, That there was a Treaty of Peace between the King and the French, and good hope of a final Accord, but the King would not conclude sanz as∣sent des Grantz & ses Communs; Whereupon the Chamberlain re∣quired and demanded, on the be∣half of the King, whether they would assenter & accorder to the intended Peace.

To which the Commons d'unas∣sent & d'unaccord. Answered, that what Issue the King and Grantz should take in the said Treaty, should be agreeable to them: Upon which Answer the Cham∣berlain said to the Commons, Then you will assent to the Treaty of Peace perpetual, if it may be had; to which the Commons Answe∣red,

Entierment & unement. oil oil, yes, yes; And thereupon it was commanded, that Master Mi∣chel de Northburgh, Gardeyne of the Privy-Seal, and Sire John de Swinley Notair Papal, should make an Instrument publick thereof.

22. Anno 43 E. 3. The Chan∣cellor, in his Oration before the King, Lords and Commons, thus expresseth himself: Sires, the King in all his great business which concerned himself and his King∣dom, de tout temps, hath acted and done, by the counsel and ad∣vice of his Grandz and Commons of his Realm, which he hath found in all his Affairs, Bons & Loyalz, good and faithful, for which he thanketh them, de grant euer & volunte, and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France, per lavis & conseil de ses Grantz & Communes, by the ad∣vice and counsel of his great Men and Commons

23. 7 R. 2. The King called a Parliament, to consider of a Peace between him his Kingdom, Lands, Dominions, and Subjects, ex una parte, & magnificum principem Robert of Scotland, and his Lands, Dominions, and Subjects, of the other part; mediante consilio & assensu Praelatorum procerum mag∣natum & Communitatis Regni Angliae, by the counsel and assent of the Prelates, Peers, and great Men and Commons of the King∣dom of England.

I will pass over the rest of the several Authorities in this King's Reign, and so of H. 4. except this one.

24. In the Parliament 9. H. 4. in that great Record called In∣dompnitié des Seigneurs & Com∣mune••, the King, by the advice and assent of the Lords, willed, granted and declared that in that and all future Parliaments, it should be lawful for the Lords to debate and commune amongst themselves,

de Lestate du Roiaume & la re∣medie a ce busoignable of the state of the Kingdom, and the ne∣cessary Remedies; and it should be lawful likewise for the Com∣mons on their part to commune in the same manner.

25. Anno 3 H. 5. The Chan∣cellor at the Re-assembly of the Parliament, declares, (the King being present) the causes of their calling; which was, that Peace had been offered him by his adver∣sary of France; the which, with∣out the assent and good Counsel of the Estates of his Realm, he would not conclude; And that the King of the Romans desiring Peace and Vnity in the Church Vniversal, and also between the Christian Realms, was come o∣ver hither with Propositions, which he had not yet declared to the King, but in a short time would shew them. Upon the which, the King would take the Advice, de son tressage Conseil, of his most wise Counsel.

26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed, upon due and solemn Treaty thereof, by the common consent and assent of all the Archbishops, Bishops, Dukes, Earls, Barons, & toute autres Estates Espiritualz & Temporalz, and other Estates Spiritual and Temporal, and also of the Com∣mons of this Realm, in the said Parliament assembled.

27. Anno 9. H. 5. A Peace be∣ing concluded between Henry King of England, and Charles the French King, it was mutually a∣greed, that the Articles thereof be ratified and confirmed per tres Status, of both Kingdoms; which being approved, concluded accepted and allowed of, by the three E∣states in France, videlicet, Praela∣tor. & cleri necnon Procerum & Nobilium, ac etiam civium Bur∣gensium civitatuum villarum &

Communitatum dicti Regni. The Ar∣ticles was after mature deliberation confirmed per tres Status Regni, Angliae vid per Praelatos & clerum nobiles & magnates necnon Com∣munitates Regni ad Parliamentum apud West. qui quantum ad eos & singulos eum pertinet obsequituros & impleturos promiserunt.

28. Anno 9 H. 6. It was or∣dained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal, and others of the Kings Bloud and of his Counsel, may treat of Peace with the Dauphin of France, notwith∣standing the Act formerly made to the contrary; which was, That the King of England H. 5. or the French King should not enter or make any Treaty of Peace, or of Accord with Charles the Dau∣phin, without the assent of the three Estates of both Realms.

29 Anno 23. H. 6. Whereas by the Articles of Peace made be∣tween

H. 5. and Charles the 6th of France, it was agreed there should be no Treaty or Accord made with the Dauphin of France, without the assent of the three Estates of both Realms, which Articles were afterwards Enacted and Authori∣zed here by Parliament; It was Enacted by the assent of the Lords and Commons, that that Article should be void, eryt, cassed adnul∣led and of none Force, and none to be impeacht for advising and acting in the said Peace.

30. The Archbishop of Canterbury, Chancellor of England, declared the causes of the Summons of the Parliament (the King present) and amongst others, that between the Ambassadors of King H. and the French King; There was an appointment de personali conventi∣one of a personal meeting between the two Kings in partibus trans∣marinis, which if it should hap∣pen ut speratur to provide not on∣ly for the safe and secure preser∣vation

of the person of the King, as well in his Conduct, ad dict as partes transmarinas, as in his be∣ing there, but also for the safe and sure conservation of the Peace within the Kingdom, and other his Dominions (during his absence) out of the Realm, and for ordaining a provision there∣of.

Tractatum & maturam delibe∣rationem cum sano & salubri Con∣silio trium Statuum dicti Regni ne∣cessario exigit & requirit; and after concludes his Speech: Qualiter prae∣fatus Rex ad tractandum & consu∣lendum cum praefatis proceribus & magnatibus supradictis & Com∣munibus Regni sui hujusmodi pro∣visione saciend. & habend. Parlia∣mentum suum predictum fecerat convocari: Therefore the King had called his Parliament, to treat, consult and advise with the Peers, and great Men and Commons of the Kingdom, how such provisi∣on may be done and had.

31. Anno 11. H. 7. The Arti∣cles of Truce and Peace between Charles the French King, and King Henry, was agreed to be ra∣tified, accepted, approv'd and con∣firmed, per tres Status utriusque Regnorum videlicet per Praelatos, & Clerum nobiles & Communi∣tatem eorumdem Regnorum autho∣ritate Parliamentorum; Which was after done.

32. Anno 3 H. 8. Dominus Cancellarius ex mandato Regis ostendebat Dominis hic praesenti∣bus causas Secretiores hujus Parlia∣menti summonitionis primam con∣cernentem Regem Scotiae & multi∣modas injurias subditis Regni An∣gliae illatas. Secundam, Et bellum inter Regem Castelli & Ducem Gildriae ejus affinitatem & terram concernentem Dominum summum Pontificem, Tertiam, Et dissensio∣nem inter ipsum & Ludovicum Francorum Regem lectumque fuit per Magistrum Rotulorum breve Apostolicum in vulgari translati∣one

one continens contumelias dampna & injurias Sanctae sedi Apostolicae & Romano Pontifici per Ludo∣vicum Gallorum Regem illatas.

Item dictus Dominus Cancella∣rius, cum Domino Thesaurario, & aliis Dominis in Domum Com∣munem descendebat cum premissis ostensur. &c.

33. Anno 21. H. 8. The Lords and Commons sent a Letter to the Pope, touching the dilatory Pro∣ceedings, in the Divorce between the King and Queen Katherine before him; in which Letter they declare, Causa Regiae Majestatis nostra cujusque propria est, a Capi∣te in Membra derivata, dolor ad omnes, atque injuria ex aequo per∣tinet, omnes in ejus Majestate compatimur, in relation to the Safety and Succession of the Crown; and that if his Holiness would not determine the cause, or defer it any longer, they plainly tell him that,

Notes

• Rot. Claus. 16. E. 2. m. 7. dor.
• Rot. Claus. 16. E. 2. m. 7. cor.
• Rot. Par. 13. E. 3. pars. 1. m. 11.
• Rot. Parl. 14. E. 3. pars 1. n. 2.
• Rot. Parl. 17. E. 3. n. 8,
• Nota.
• Rot. Parl. 18. E 3. n. 5. vide Rast. Stat. fo. 86.
• Rot. Parl. 28. E. 3. n. 58.
• Rot. Parl. 43. E. 3. n. 1.
• Rot. Claus. R. 2. n. 37. 7.
• Ex Rot Parl. tenti apud Glouc. 20 die Octobris Anno Regni Regis H. 4. Post Conque∣stum 9. m. 8. n. 21. Indempni∣tie des Seig∣neurs & Com∣munes.
• Rot. Parl. 3. H. 5. pars 2.
• Rot. Parl. 4 H. 5. n. 14.
• La confirmati∣on des Alliances perentre le Roy & le Roy des Romains prisez & accordez
• Rot. Parl. 9. H. 5. pars 1. n. 14.
• Approbatio pa∣cis inter Regem Angliae & Franciae nuper conclusae.
• Rot. Parl. 9. H. 5. n. 18. De potestate tractand de pace cum Dol∣phino, &c.
• Rot. Parl. 23. H. 6. n. 24.
• Rot. Parl. 25 H. 6. n. 1.
• Rot. Parl. 11. H. 7. n40. An Act concer∣ning the Peace between the King of Eng∣land and the King of France
• Jur. Dom. Proc Anno 3. H. 8. 15 die Parlia∣menti.
• Lord Herbert's Hist. of H. 8. to. 303.