of writ of error in parliament the house of lord be a distinct court for many  purpose if a judgement be give in the king bench either upon a writ of error  or otherwise the party grieve may upon a petition of right make to the king in  English or in French which be not ex debt is owed the whole of the laws but  for decency for that the former judgement be give in person king and his  answer thereunto fiat Justitia have a writ of error direct to the chief  justice of the king bench for remove of the record in  feel or perceive beforehand parliament and thereupon the roll it self and a  transcript in parchment be to be bring by the chief justice of the king bench  into the lord house in parliament and after the transcript be examine by the  court with the record the chief justice carry back the record it self into the  king bench and then the plaintiff be to assign the error and thereupon to have  a to know fac against the adverse party returnable either in that parliament  or the next and the proceed thereupon shall be super course record non super  record all this and many more excellent matter of learning be contain in the  record follow whereof a light touch be hereafter give the record at large be  too long here to be rehearse and the proceed upon the writ of error be only  before the lord in the Upper house secundum law experience parliament  to express grief Guilielmus de Valencia contra concilium king I justice  in person king pro unequal judgment tangen allocationem Dionisiae son  Guilielmi de monte Caniso ut haered say dominus king raft to have the dawn  factum judgment  To give back be contra guilielmum de Valencia if a nobleman  have be erroneous attaint of treason c he may have have his writ of error in  parliament notwithstanding the statute of Henry can for that must be intend of  lawful record of attainder but if the attainder be establish by authority of  parliament then he must exhibit his petition in parliament to be restore of  grace but now by the statute of Elizabeth can it be obtain that no record of  attainder of high treason that then be for the which the party attaint have be  execute for the same treason shall be reverse for error but this extend only  to attainder of high treason and not to any attainder of high treason after  that Act nor to any high treason before for the which the party be not execute  the house of the lord be a distinct court for many purpose the prior and  covent of Montague by their petition declare that Richard Seimour have obtain  a erroneous judgement against the say prior in the king bench upon a judgement  give in the common place upon a fine for the manor of Titenhull in the county  of Somerset c and the principal error be for deny of aid of the king where it  be grantable and that hang a writ of right the say Richard sue a to know fac  and commandment be give to the chancellor of England that he shall make a writ  of possession and seison to be have and other process upon that judgement to  be make in this record you shall observe excellent plead error in parliament  upon a judgement in a appeal of death upon a acquittal of the defendant and  inquiry of the abettor c and that we may observe it once for all when one sue  in parliament to reverse a judgement in the king bench he show in his bill  which he exhibit to the parliament some error or error whereupon he pray a  to know facias the bishop of Norwich show that a erroneous judgement be give  against he in the common place for the archdeaconry of Norwich belong to his  presentation and pray that those error may be hear and redress there whereunto  answer be make that error by the law in the common place be to be correct in  the king bench and of the king bench in the parliament and not otherwise  Richard nu Richard nu a writ of error in parliament between William mountacute  earl of Sarum and Roger of Mortimer earl of march of a judgement in the king  bench a the dean and chapter of Lichfield recover in the common place against  the prior of Newport pannel the prior by writ of error reverse the judgement  in the king bench the dean and chapter by writ of error in parliament reverse  the judgement in the king bench and affirm the judgement in the common place  and a commandment give to the chancellor that the judgement in the common  place be execute by process by he to be make b John Sheppy complain of a  judgement in the king bench in a writ of error c error in parliament between  William mountacute earl of Salisbury and Roger de Mortimer earl of march for  the castle town and honour of Denbeigh c upon a judgement give in the king  bench and have a to know fac returnable the next parliament d William steward  alias Cheddre complain that where he by that name be present and induct to the  parsonage of Wotton under egg in the county of Glouc and thereof continue the  possession by the space of four year until the king by true suggestion present  sir John Dawtry in the parsonage of Underhegge in that county where there be  no such parsonage calied Underhegge as the say William plead in a quare hinder  bring by the king in the king bench upon which writ the king recover by the  default the parsonage of Underhegge and not under egg whereby upon a writ send  to the bishop of Worcester the say William be put from his parsonage of under  egg for which mistake and error the judgement for the say John in full  parliament be reverse and a writ award to the say bishop for the restitution  of the say William the record and judgement give in the king bench for the  king against Edmond Basset for certain land c be for diverse error reverse in  parliament and restitution of the premise with the mean profit restore to the  say Edmond in error in parliament between Roger Deyncourt and Ralph de  Adderlye for a judgement give in the king bench for the manor of Anslye in Com  Warr sir William gascoigne chief justice deliver a copy of the record and  process word for word under his hand c to the clerk of the parliament c in  error in parliament between Richard Quatermayns and William Hore c upon a  erroneous judgement give in the king bench in a action of trespass and the  plaintiff enter his attorney of record to proceed therein John Beauchamp lord  Abergavenny complain in parliament upon a erroneous judgement give upon a  verdict in the king bench in a to know fac upon a recognizance in the chancery  for keep the peace in the Recordwhereof be excellent point of learning as well  touch the recognizance as the process and issue error in parliament pasch  Henry upon a judgement give in a assize in the king bench to go into super  margin rot to cause to go in parliament per Johan fortescue boundary Paschae  year  Henry and to omit many other to descend to some of latter time Richard  Whalley recover in assize by verdict against diverse tenant who bring a writ  of error in the king bench where the judgement in the assize be affirm the  tenant complain in parliament for error in the king bench error in parliament  upon complaint of sir Christopher Heydon knight of a judgement in a writ of  error in the king bench between the say sir Christopher plaintiff and Roger  Godsalve and other defendant upon a judge mean give for the say Roger c  against the say sir Christopher in a assize before justice of assize wherein  the judgement in the assize be affirm in the king bench whereof the complaint  be make say non to be stronger a Peer of the realm be indict of treason or  felony or misprision of treason in case of treason c the lord spiritual make  their proctor the peer be judge of treason c during the parliament c may be  arraign thereof in parliament a lord steward be appoint and then the lord  spiritual shall make a procurator for they and the lord as peer of the realm  during the parliament be judge whether the offence be treason c that be  suppose to be commit by any Peer of the realm and not the justice as it appear  in the earl of Northumberland case rot parliament Henry nu see in the  parliament hold Richard sub distinction pl coronae in a roll annex c before  the steward of England and other lord temporal Richard earl of Arundels case  rot parliament Henry nu Thomas earl of debon be arraign of high treason before  Burgundy duke of Buck steward of England here vice and be acquit by his peer  Edward fo.6.b Stanf pl Coron b of judicature now order do require to treat of  other matter of judicature in the lord house and of matter of judicature in  the house of Commons and it be to be know that the lord in their house have  power of judicature and the Commons in their house have power of judicature  and both house together have power of judicature but the handle hereof accord  to the worth and weight of the matter will require a whole treatise of it self  and to say the truth it be best understand by read the judgement and record of  parliament at large and the journal of the house of the lord and the book of  the clerk of the house of Commons which be a record as it be affirm by Act of  parliament in year  Henry can see rot Claus I Richard m a tresage Council Le  roy less signior Commons c rot parliament Henry nu it be no Act of parliament  but a ordinance and therefore bind not in succession rot par Henry nu error  assign that the lord give judgement without petition or assent of the Commons  rot par Henry nu many other in the reign of king Henry king Edward and of  latter time see diverse notable judgement at the prosecution of the Commons by  the lord at the parliament hold and James king against sir Giles Mompesson sir  John Michael viscount S Albone lord chancellor of England the earl of m lord  treasurer of England whereby the due proceed of judicature in such case do  appear Thomas long give the mayor of Westbury four pound to be elect burgess  who thereupon be elect this matter be examine and adjudge in the house of  Commons secundum law experience parliament and the mayor fine and imprison and  long remove for this corrupt deal be to poison the very fountain it self  Arthur hall a member of the house of Commons for publish and discover the  conference of the house and write a book to the dishonour of the house be upon  due examination secundum law experience parliament adjudge by the house of  Commons to be commit to the tower for six month fine at five hundred mark and  expel the house Muncton stroke William Johnson a burgess of b return into the  chancery of record for which upon due examination in the house of Commons it  be resolve that secundum law experience parliament every man must take notice  of all the member of the house return of record at his peril but otherwise it  be of the servant of any of the member of the house for there he that strike c  must have notice and the house adjudge Muncton to the tower c if any lord of  parliament spiritual or temporal have commit any oppression bribery extortion  or the like of the house of Commons be the general inquisitor of the realm  come out of all the part thereof may examine the same and if they find by the  vote of the house the charge to be true then they transmit the same to the  lord with the witness and proof privilege of parliament and now after  judicature let we speak somewhat of privilege of parliament experience have  make the privilege of parliament well know to parliament man yet will we speak  somewhat thereof magister military spirit temple petit quad to draw asunder  catalla One de council tempore parliament pro  To give back One house in  London king to answer non to see honesty quoth that de council his distringa  tempore parliament say elsewhere tempore c whereby it appear that a member of  the parliament that have privilege of parliament not only for his servant as  be aforesaid but for his horse c or other good distreinable complaint comrade  cornubiae versus Bogonem de Clare earlier times saint the number three London  quad Self tempore parliament Self comrade in medio canopy Westminster and  management Self Bogonis to put in quick motion quad to be evident in person  archbishop Cantuar c ipse prior go for sale Bogo similiter to put down see in  agreeableness pity will king de alto basso ob quoth to put in hand tower  London postea go for sale speech Bogo that which divides fecit lord king pro  prediction transgression per two mille Marcus  c quoad predict comrade  to answer comit livre pro transgression Himself fact c prediction prior  to cause to go ibidem and faciend second quoth treasure chamber ei to dedicate  ex part day king and yet the serve of the say citation do not arrest or  restrain his body and the same privilege hold in case of sub penalty or other  process out of any court of equity king to put in hand justice n'est and  Assisas Jurat c capiend assignat quad to sit upon deception the same where  comites baron some  summon and parliament king are part Interrog. dictum  parliament to make hard de non procedendo and capiend Assisas versus that who  and parliament king at Eborum to come king omnibus balivis trusty n'est and  quos c health to know quad come curiae our men  in who to carry on business  royal power our men  dedeca ubiq to such a degree Proserpine to be removal a  tempore quo non extat memory Proserpine removal to be quoth nec largely forum  Church rites  concernentia in the same senate our men  fieri seu  funeral procession  nec in some way the same senate our men  and largely forum  Church rites  to touch faciendum well to follow to the grave advance  to withhold well to become used some time drive back ac magister Henry de  Harewedon clergyman Edmundus de Lukenore Johannes de Wedlingburgh de eastern  quad Self recently in cancellar our men  in present time worthy of respect  Patris I cantuariensis archbishop porter our men  a certain calling sive  admonition selection clergyman our men  John de Thoresby nec non challenge  appeal  tool public officer super calling seu admonition prediction in  our men  contempt  coronae our men  ac a royal palace rank our men  precedent  contra freedom removal predict to make per search in how see ind in senate  our men  in person selection porter our men  other de council our men   to put down intimacy to be she occasion prison our men  mancipat in  by the same route and will our men  to delay our de agreeableness our men   not general and requisitionem Philippae queen England sharer our men   charissimae perdonavimus the same Henry Edmundo John imprisonamentum  prediction amentum prediction ita yet quoth nobissatisfaciant de redemption  to sew occasion praemissor quoth super calling admonition challenge bus  appeal  seu tool prediction in dictam cancellar our men  such factis process   once non to make nec any quoth in our men  well law coronae our men   precedent to go from to be able attempte well attempts to draw to make de  the other to any place whatever modus in pron. interrog. c testae king at  a tower London die April ex primitive de year  e rot not privilege of  parliament in information for the king general the privilege of parliament do  hold unless it be in three case videlicet treason felony and the the peace of  statute or act of parliament there be no Act of parliament but must have the  consent of the lord the Commons and the royal assent of the king and as it  appear by a record and our b book whatsoever pass in parliament by this  threefold consent have the force of a Act of parliament the difference between  and Act of parliament and a ordinance in parliament be for that the c  ordinance want the threefhold consent and be ordain by one or two of they d I  have read of a restitution in blood and of land of one William de Lasenby by  the king by the assent of the lord spiritual and Commons omit the lord  temporal this we hold be a ordinance and no Act of parliament and when the  clergy be omit and the Act make by the king the lord temporal and Commons see  the roll of parliament and authority follow videlicet rot parliament pasch e e  the case of the Spencer Richard cap in print our sovereign lord by the common  consent of all the lord temporal and at the petition of the Commons c Richard  cap accord Richard nu see Henry c f Richard nu Henry nu Henry kelw the opinion  of the justice agreeable with the say act of parliament and note the  mutability in this particular case of the Spencer of this high court of  parliament the judgement by parliament in Edward against the Spencer be in the  same year by Act of parliament repeal that repeal be repeal by authority of  parliament in Edward that repeal of Edward be repeal by Act of parliament in  Richard and that of Richard be repeal by authority of parliament in Henry and  so the judgement against the Spencer stand in force the division of act of  parliament of act of parliament some be introductory of a new law and some be  declaratory of the ancient law and some be of both kind by addition of great  penalty or the like again of act of parliament some be general and some be  private and particular all act of parliament relate to the first day of  parliament if it be not otherwise provide by the Act the several from of act  of parliament in ancient time all act of parliament be in from of petition and  for the several from of act of parliament see the prince case in the book of  report now for the read commit amend engross vote and pass of bill in either  house and touch conference with the lord and for the privilege of any member  of either house and of their servant more then have be say they be so ordinary  and well know and in such continual practice as it be but expense of time to  treat any more of they and for that many time the roll of the parliament have  not be true ingross at the request of the Commons certain of they be to be  appoint who shall be at the engross of the roll of parliament in former time  act of parliament be proclaim by the sheriff when I read the case of  praemunire in Edward upon the statute of Edward at provisor against the bishop  of Chichester and observe that sergeant Cavendish of council with the bishop  object two thing first that the Act whereupon the Writ be ground be no statute  second that if it be a statute it be never publish in the county who sir  Robert Thorpe chief justice answer although proclamation be not make in the  county every one be bind to take notice of that which be do in parliament for  as soon as the parliament have conclude any thing the law intend that every  person have notice thereof for the parliament represent the body of the whole  realm and therefore it be not requisite that any proclamation be make see the  statute take effect before this give I to understand that albeit it be not  require by law that statute shall be publish in the county yet see in those  day and long after the use of print come not into this realm the use be as it  appear by Cavendishes speech that they shall be publish in the county to the  end that the subject may have express notice thereof and not to be overtake by  a intendment in law which give I occasion to search and inquire how this usage  be and how long it continue and in the end I find that at every parliament the  act that pass be transcribe into parchment and by the king Writ direct of the  sheriff of every county of England and commandment give to he that all the say  statute in all place through his whole bailiwick as well within franchise as  without where he shall find most fit that he not only shall proclaim they but  to see that they shall be firm observe and keep and the usage be to proclaim  they at his county court c and there to keep the transcript of the act that  who so will may read or take copy thereof and this Writ be sometime in Latin  and sometime in French as in those day the statute be enact in Latin or in  French but a example of the one and of the other will more illustrate this  matter Edward God grat king England France dominus Scotland Vic Norff Salut  quaedam to cause to stand p our to bear before comites baron elsewhere magnate  and parliament nostrum to stretch at Eborum in cro a rising ultim past   ordinavim stabilivim prout sequitur and recite the several statute verbatim  and then the Writ conclude et therefore flute to take beforehand quoth  to cause to stand that all full of joints in the same he who disregards in one  region in bailiff tua tam infra freedom how extra where to extricate to see  publice proclamar really tender  to watch facias testae c notam that the  sheriff that have custodiam comitatus shall see the statute within his county  to be keep at the parliament a I Richard Richard p la grace de dieu roy  Dengliterre de France signior d'Ireland a our viscount de Norff Salut saches  and all honeur de dieu reverence de saint church pur nurrer peace unity  concord in tout part deins our realm Le quel nolus desirons mult entirement  deal assent of prelate duke count baron de mesme our realm all instance  special request of Commons de our realm assemble a our parliament as far as a  Westminster a la quinzim de S Michael a de our reign premier avons fait  ordeiner stablier certain statute en amendment relievement de mesme our realm  en la from and sensuist Primerment be assentus establie and saint church eit  enjoy see tout less droitures c rehearse all the statute that pass at that  parliament and the Writ conclude thus et pur Ceo vous mandons and tout less  statute face crier publier firmament tener p my vostre Baillie solonq la from  tenor de icel Ceo ne lesses en ascun manner Donc p testmoignants de our grand  seal all Westminster Le premier jour de severe lan de our reign primer and the  like writ continue until the beginning of the reign of Henry long time after  print within the reign of Henry as have be say come unto we prorogation  adjournment continuance and what make a session of parliament the pass of any  bill or bill by give the royal assent thereunto or the give and judgement in  parliament do not make a session but the session do continue until that  session be prorogue or dissolve and this be evident by many precedent in  parliament ancient and late the parliament of Edward begin at Westminster the  Wednesday after Mid lend the first Monday of the parliament the nine part of  their grain wool and lamb c be grant to the king on condition that the king  will grant their petition in a schedule beginning these be the petition which  by the Commons and lord be draw into a from of a statute and pass both house  and the royal assent thereunto andthe same exemplify under the great seal  after this the parliament continue and diverse act make and petition grant and  in the end that parliament be dissolve in the parliament hold year  Richard it  be declare by Act of parliament that the kill of John imperial ambassador of  Jenoa be high treason sin to hurt grandeur and yet the parliament continue  long after and diverse Act of parliament afterward make and petition grant and  in the end the parliament dissolve in the parliament begin the first day of  march year  Henry on Saturday the day of may it be enact by the king the lord  spiritual and temporal and the Commons that certain stranger by name who seem  to be officer to the queen shall by a day depart the realm and proclamation  thereof in kind make by Writ by authority of parliament which parliament  continue and diverse other act of parliament make andpetitions answer and on  the day of December Henry dissolve the parliament begin November and on the  first day of the parliament it be resolve by all the judge that those that be  attaint of treason and return knight citizen or burgess of parliament that the  attainder here to be reverse by authority of parliament before they can sit in  the house of Commons and that after the attainder reverse both the lord and  those of the house of Commons may take their place for such as be attaint can  not be lawful judge so long as their attainder stand in force and thereupon  the attainder be reverse by Act of parliament and then they take their place  in parliament and the parliament continue and diverse act make the bill of  queen Katherine Howards attainder pass both house about the beginning of the  parliament whereunto the king sit the parliament by his letter patent give his  royal assent and yet the parliament continue until the first day of April and  diverse act of parliament pass after the say royal assent give diverse more  may be produce but these shall suffice so as albeit bill pass both house and  the royal assent give thereunto there be no session until a prorogation or a  dissolution the diversity between a prorogation and a adjournment or  continuance of the parliament be that by the prorogation in open court there  be a session and then such bill as pass in either house or by both house and  have no royal assent to they must at the next assembly begin again c for every  several session of parliament be in law a several parliament but if it be but  adjourn or continue then be there no session and consequent all thing continue  still in the same state they be in before the adjournment or continuance and  the title of diverse act of parliament be at the session hold by prorogation  or by adjournment and prorogation but never by continuance or adjournment  so much and the usual from of plead be and a sitting handle c per  a prolongation we have be the long and more curious for the clear of this  point for two reason for that the adjournment or continuance as before it  appear be much more beneficial for the common wealth for expedit of cause then  a prorogation in respect of a clause in the Act of subsidy in the parliament  hold in year  James king which be but declaratory of the former law as by that  which have be say appear when a parliament be call and both sit and be  dissolve without any Act of parliament pass or judgement give it be no session  of parliament but a convention in the year of Richard at a parliament hold  before the duke of York the king be in his passage to Ireland the petition of  the Commons be answer and a judgement give in the king bench for the prior of  Newport panel against the dean and chapter of Lichfield be reverse but no Act  of parliament pass and therefore this parliament be omit in the print but it  be no question but it be a session of parliament for otherwise the judgement  shall not be of force and many time judgement give in parliament have be  execute the parliament continue before any bill pass the house of Commons be a  distinct court notam the house of Commons be to many purpose a distinct court  and therefore be not prorogue or adjourn by the prorogation or adjournment of  the lord house but the speaker upon signification of the king pleasure by the  assent of the house of Commons both say this court do prorogue or adjourn it  self and then it be prorogue or adjourn and not before but when it be dissolve  the house of Commons be send for up to the high house and there the lord  keeper by the king commandment dissolve the parliament and then it be dissolve  and not before and the king at the time of the dissolution ought to be there  in person or by representation for as it can begin without the presence of the  king either in person or by representation as before it have be say so it can  end or be dissolve without his presence either in person or by representation  nothing for tam agreed be physical scientist justice unumquodq to take apart  eastern bandage quo to tie be it be declare by Act of parliament that the king  letter patent under his great seal and sign with his hand and declare and  notify in his absence to the lord Spritiuall and temporal and Commons assemble  in the high house of parliament be and ever be of as good strength and force  as if the king person have be there personal present and have assent open and  public to the same