the proceed in parliament against absent the ancient law and custom of the  parliament be that when any man be to be charge in parliament with any crime  or offence or misdemeanour the king Writ be direct to the sheriff to summon  and enjoin the party to appear before the king in the next parliament for  example dominus king to put in hand Vic quoth assumpsit Himself quatuor de  discretioribus leg soldier Com Himself in not common with others mask to sew   to go to and Nicholaum de Segrave Self in present time to say before soldier  summon ex part domini king really ei to hang on quoth be in person lord king  in proximo parliament his at Westminster in primo arrival domini king ibidem  and to hear will Self domini king super haec who tunc ibidem to put forth  to stretch out vers the dawn and faciendum To take back beyond quoth senate  domini king to look at closely in to send forward et Vic modus to put in hand  quoth assumpsit Himself Thoma wale waltero son roberti de Daventry Roberto de  grey de Wollaston radulpho de Normavill quatuor soldier in  not common with others mask to sew accessit at stow and manor prediction  nicholai et in present time the same soldier summon prediction Nicholaum ei  really injunxi quoth be in person lord king in thither parliament nunc juxta  form course order pillage c Almaricus de saint Amando magister Johannes de  saint Amando William de monte to sharpen Richard Attehaw constabularius castle  Oxon ricus de hurl Thomas de Carleton chaplain johannes de Ros johannes de  Trenbrigg William Attewarde frater he Philippus de Wigenton attachiat to be  per Vic in castle Oxon per take or receive in advance domini king responsur  the same lord king in parliament his in tomorrow consecrated Mathaei Apostoli  year  royal power Himself xxxiii super a certain sin transgresionibus infra  scribe ind per manucaptionem sufficient adjornat in person Self lord king hic  and haec diem scilicet a die Paschae in xv die c or a writ may be direct to  the party himself when any complaint be make against he de in an unjust manner  trouble ut molestationibus to appear in his proper person before the king and  his Council etcetera as for example dominus king to put in hand breve suum  Roberto de burghersh in haec word Edward God agreeableness c selection et  faithful his Roberto de burghersh constabular castle Himself Dover et guard  his five a harbor health because selection we in Christ abbess de faversham  robertus de Gurne bailiff swine the same villae in person council our men  at  Eborum existent de to visit in an unjust manner trouble et molestationibus  the dawn per thou voluntar et absq cause rational in many different ways  to bring in grave complaint to lay to strive for instanter ut  eissuperhocfierifaceremusremedium fit near quoth dedimus the dawn diem  in person we et council our men  a die pasch in xv die c and complaint urge  preceding tunc ostendend et and faciend super hoc beyond et recipiend quoth  the whole of the laws to advise thou mandamus quoth in not common with others  mask your thirst in person we et council our men  and diem predict  a saying beforehand abbey et balivis n'est super to send forward answer  creation et receptur quoth senate our men  consideraveri in here part ab  in an unjust manner trouble molestationibus et severity that is not owed  a saying beforehand abbey et balivis n'est interim to bring in inside  desistend et to have there hoc breve testae I Self at Linliscu thirty die  January year  royal power our men  thirty army pron. interrog. short catalog  prediction robertus go for sale et breve mock to carry out and diem in  to the same place to stretch et prediction abbess go for sale et complaint  urge to carry out in in rotulo scribe et quas in senate hic querelando  to stretch out et to send with a commission fecit de who prima be haec c now  they which absent themselves shall be proceed withal vide Edward nu Adam bury  case part patent Richard nu rot par Richard nu Henry nu Henry foe sir John  Pilkingtons case and where by order of law a man can be attaint of high  treason unless the offence be in law high treason he ought not to be attaint  by general word of high treason by authority of parliament as sometime have be  use but the high treason ought to be special express see that the court of  parliament be the high and most honourable court of justice and ought as have  be say give example to inferior court there be a Act of parliament make in the  year of king Henry which have a fair flatter preamble pretend to avoid diverse  mischief which be to the high displeasure of almighty God the great let of the  commonlaw and the great let of the wealth of this land and the Purvien of that  Act tend in the execution contrary ex a diameter videlicet to the high  displeasure of almighty God the great let nay the utter subversion of the  commonlaw and the great let of the wealth of this land as hereafter shall  manifest appear which Act follow in these word the king our sovereign lord  call to his remembrance that many good statute and ordinance be make for the  punishment of riot unlawful assembly reteinders in give and receive of livery  sign and token unlawful extortion maintenance imbracery excessive take of wage  contrary to the statute of labourer and artificer the use of unlawful game  inordinate apparel and many other great enormity and offence which be commit  and do daily contrary to the good statute for many and diverse behooveful  consideration several make and ordain to the displeasure of almighty God and  the great let of the commonlaw and wealth of this land notwithstanding that  general by the justice of the peace in every shire within this realm in the  open session be give in charge to inquire of many offence commit contrary to  diverse of the say statute and diverse inquest thereupon there strait swear  and charge before the say justice to inquire of the premise and therein to  present the troth which any let to be find by imbracery maintenance corruption  and favour by occasion whereof the say statute be not nor can be put in due  execution for reformation whereof for so much that before this time the say  offence extortion contempt and other the premise may not nor as yet may be  convenient punish by the due order of the law except it be first find and  present by the verdict of twelve man there to due swear which for the cause  afore rehearse will not find nor yet present the truth wherefore be it by the  advice and assent of the lord spiritual and temporal and the Commons in this  present parliament assemble and by authority of the same enact ordain and  establish that fromhenceforth as well the justice of assize in the open  session to be hold afore they as the justice of peace in every county of the  say realm upon information for the king before they to be make have full power  and authority by their discretion to hear and determine all offence and  contempt commit and do by any person or person against the from ordinance and  effect of any statute make and not repeal and that the say justice upon the  say information have full power and authority to award and make like process  against the say offender and every of they as they shall or may make against  such person or person as be present and indict before they of trespass do  contrary to the king peace and the say offender or offender due to punish  accord to the purport from and effect of the say statute also be it enact by  the say authority that the person which shall give the say information for the  king shall by the discretion of the say justice content and pay to the say  person or person against who the say information shall be so give his  reasonable cost and damage in that behalf sustain if that it be try or find  against he that so give or make any such information provide always that any  such information extend not to treason murder or felony nor to any other  offence wherefore any person shall lose life or member nor to lose by nor upon  the same information any land tenement good or chattel to the party make the  same information provide also that the say information shall not extend to any  person dwell in any other shire then there as the say information shall be  give or make save to every person and person city and town all their liberty  and franchise to they and every of they of right belong and appertain by  pretext of this law Empson and Dudley do commit upon the subject unsufferable  pressure and oppression and therefore this statute be just soon after the  decease of Henry the seven repeal at the next parliament after his decease by  the statute of Henry can a good caveat to parliament to leave all cause to be  measure by the golden and straight metwand of the law and not to the incertain  and crooked cord of discretion it be not almost credible to foresee when any  maxim or fundamental law of this relam be alter as elsewhere have be observe  what dangerous inconvenience do follow the danger ensue by alteration of any  of the maxim of the law which most express appear by this mostunjust and  strange Act of Henry for hereby not only Empson and Dudley themselves but such  justice of peace corrupt man as they cause to be authorize commit most  grievous and heavy oppression and exaction grind of the face of the poor  subject by penal law be they never so obsolete or unfit for the time by  information only without any presentment or trial by jury be the ancient  birthright of the subject but to hear and determine the same by their  discrtion inflict such penalty as the statute not repeal impose these and  other like oppessions and exaction by or by the mean of Empson and Dudley and  their instrument bring infinite treasure to the king coffer whereof the king  himself in the end with great grief and compunction repent as in another place  we have observe this statute of Henry we have recite and show the just  inconvenience thereof to the end that the like shall never hereafter be  attempt in any court of parliament and that other may avoid the fearful end of  those two time servers Empson and Dudley who the dawn vestigia to set foot  the dawn exitus to bristle up see the statute of Edward can the statute of  livery a information c by the discretion of the judge to stand as a original c  this Act be deserve repeal vide Richard cap punishment by discrtion c vide  Henry can see the commission of sewer discretion ought to be thus describe  separation be to separate per law quid sit justice and this description be  prove by the commonlaw of the land for when a jury do doubt of the law and  desire to do that which be just they find the special matter and the entry be  et super all means c to strive for separation justice and sometime  advisamentum separation justice in to send forward c that be they desire that  the judge will discern by law what be just and give judgement accord act  against the power of the parliament subsequent bind not a article of the  statute make in Richard cap be that no person shall attempt to revoke any  ordinance then make be repeal for that such restraint be against the  jurisdiction and power of the parliament the liberty of the subject and  unreasonable and likewise the last will and testament of king Richard the  second under the great seal privy seal and privy signet whereby the devise  certain money treasure c to his successor upon condition to observe all the  act and order at the parliament hold in year  of his reign be hold unjust and  unlawful for that it restrain the sovereign liberty of the king his successor  sundry lord of parliament but no bishop or six of they and certain knight of  shire of the Commons or three of they be authorize by authority of parliament  to examine answer and plain determine all the petition exhibit in that  parliament and the matter contain in the same by their good advice and  discretion c the high power of a parliament to be commit to a few be hold to  be against the dignity of a parliament and that no such Commission ought to be  grant a Act in Richard can that no man against who any judgement or forfeiture  be give shall sue for pardon or grace c be hold to be unreasonable without  example and against the law and custom of parliament and therefore that branch  by authority of parliament be adnichaled and make void act of parliament ought  to be plain and clear and not cunning and dark pen special in criminal cause  also I find that in time pass the house of parliament have not be clear deal  withal but by cunning artifice of word utter deceive and that in case of great  moment even in case of high treason as take one example for a warning in like  case hereafter king Henry the eight after the clergy of England have in their  convocation acknowledge he supreme head of the church of England think it no  difficult matter to have the same corroborate and confirm by authority of  parliament but withal secret and earnest desire that the impugners and denier  thereof though it be but by word may incur the offence of high treason and  find the one that be the acknowledgement of his supremacy likely to have good  passage and have little hope upon that which he find to effect the other  concern high treason seek to have it pass in some other Act by word close  couch though the former Act of supremacy have be the proper place and  therefore in the Act of recognition of his supremacy it be enact that he shall  have annex and unite to the crown of this realm the Title and style thereof  and afterward towards the end of the parliament a bill be prefer whereby many  offence be high treason and thereby it be enact that if any person or person  by a word or write practice or attempt any bodily harm to the king the b queen  or their heir apparent or to c deprive they or any of they of their dignity d  title or name of their royal estate or that the king shall be a e heretic  schismatic tyrant infidel or usurper of the crown c that every such person so  offend shall be adjudge traitor c so as now by this latter Act he that by word  or write attempt to deprive the king of the title of his royal estate be a  traitor but the former Act have annex to the crown the title of the style of  supremacy and therefore he that shall by word of write attempt to deprive the  king thereof shall be a traitor and f upon this law of Henry can for deny of  the king supremacy diverse suffer death as incase of high treason whereas all  law especial penal and principal those that be penal in the high degree g  ought to be so plain and perspicuous pen what quality law ought to have as  every member of both house may understand the same and accord to his knowledge  and conscience give his voice h Erit autem law to honor justice that may exist  secundum nature secundum conseutudinem native land temporique agreed relative  useful palpable likewise ne to some degree per darkness incautious cap tione  contruda nullo private citizen suitably say pro common a citizen usefulness  senator therefore in self constitution this to look at closely are because  come law custom to be non to be book arbitration to fine de Self say  it is necessary to fine secundum Self which be excellent rule for all  parliament to follow but the statute of Elizabeth can have concern the  supremacy deal plain and perspicuous as by the same appear and albeit it  appear by these example and many other that may be bring what transcendent  power and authority this court of parliament have yet though diverse  parliament have attempt to bar restrain suspend qualify or make void  subsequent parliament yet can they never effect it for the latter parliament  have ever power to abrogate suspend qualify explain or make void the former in  the whole or in any part thereof notwithstanding any word of restraint  subsequent parliament can be restrain by the former prohibition or penalty in  the former for it be a maxim in the law of the parliament quoth law m  earlier times opposite direction abrogate act of parliament enrol in other  court for the better observation of any Act of parliament enact for the  commonwealth or of a petition of right or judgement in parliament or the like  and to encourage the judge that the same may be due execute the same may be  enrol in the court of justice in this manner the tenor of the record must be  remove into the chancery by writ of certiorari and deliver into the king bench  by the hand of the chancellor or lord keeper and send by mittimus to the court  of common plead and by like mittimus into the exchequer and the king by his  writ may command any court to observe and firm to keep such a Act of  parliament as it appear by these two precedent ex Rotulo Claus year  Edward m  Dors king Thesaurar baron n'est de Scaccar salute because to will quoth  magnacarta domini Henry quondam king England father our men  de freedom  England how to make firm now too innovavim in omnibus one point of time n'est  really inviolable to watch thou mandamus quoth papyrus  prediction in omnibus  one n'est point of time quantum in thou be in person thou in speech Scaccario  to watch to make really tender  t r at Dunfres die of the eighth month king  justice n'est de banc health come in alleviation trouble who a people  royal power our men  occasion guerrar as far as this to bear ac in correction  status the same poplar tree nec non ut ex hoc see to hold forth and our men   serviciapromptiorem we in ritual our men  willingly subsidium to make in  going to be a certain full of joints the same poplar tree much  at the first nod lord to be able de agreeableness our men  not general to lead  concedend thou mandamus quoth speech full of joints quos thou mittimus seal  our men  to seal in person thou in banc prediction quantum in thou be juxta  vim form execution the same to watch to make really tender  t r at Dunfres die  of the eighth month every member of the parliament ought to come every lord  spiritual and temporal and every knight citizen and burgess shall upon summons  come to the parliament except he can reasonable and honest excuse himself or  else he shall be amerce c that be respective a lord by the lord and one of the  Commons by the Commons by the statute of Henry can no knight citizen or  burgess of the house of Commons shall depart from the parliament without  licence of the speaker and Commons the same to be enter of record in the book  of the clerk of the parliament upon pain to lose their wage if a lord depart  from parliament without licence it be a offence do out of the parliament and  be finable by the lord and so it be of a member of the house of Commons he may  be fine by the house of Commons vide Ph mar in person king rot diverse  information by the attorney general for depart without licence ut above the  punishment of sheriff for their negligence in return of writ or for leave out  of their retorns any city or borough which ought to send citizen and burgess  advice concern new and plausible project and offer in parliament when any  plausible project be make in parliament to draw the lord and Commons to assent  to any Act especial in matter of weight and importance if both house do give  upon the matter project and promise their consent it shall be most necessary  they be trust for the commonwealth to have the matter project and promise  which move the house to consent to be establish in the same act lest the  benefit of the Act be take and the matter project and promise never perform  and so the house of parliament perform not the trust repose in they as it fall  out take one example for many in the reign of Henry on the king behalf the  member of both house be inform in parliament that no king or kingdom be safe  but where the king have three ability first to live of his own and able to  defend his kingdom upon any sudden invasion or insurrection to aid his  confederate otherwise they will never assist he to reward his well deserve  servant now the project be that if the parliament will give unto he all the  abbey priory Friories nunnery and other monastery that for ever in time then  to come he will take order that the same shall not be convert to private use  but first that his exchequer for the purpose aforesaid shall be enrich second  the kingdom strengthen by a continual maintenance of thousand well train  soldier with skilful captain and commander three for the benefit and case of  the subject who never afterward as be project in any time to come shall be  charge with subsidy fifteen loan or other common aid fourthly lest the honour  of the realm shall receive any diminution of honour by the dissolution of the  say monastery there be lord of parliament of the abbot and prior that hold of  the king per baron whereof more in the next lease that the king will create a  number of noble which we omit the say monastery be give to the king by  authority of diverse act of parliament but no provision be therein make for  the say project or any part thereof only and faciend poplar tree these  possession be give to the king his heir and successor to do and use therewith  his and their own will to the pleasure of almighty God and the honour and  profit of the realm now observe the catastrophe in the same parliament of  Henry when the great and opulent priory of saint John of Jerusalem be give to  the king he demand and have a subsidy both of the clergy and laity and the  like he have in h and in h he have another subsidy and since the dissolution  of the say monastery he exact diverse loan and against law receive the same