178. The Oath of a Justice of the Peace

YE

(1581. Prothero, 149, 150.)

VE shall swear that, as justice of the peace in the county of Kent, in all articles in the Queen's Commission to you directed, ye shall do equal right to the poor and to the rich after your cunning, wit and power, and after the laws and customs of the realm and statutes thereof made; and ye shall not be of counsel with any quarrel hanging before you; and that ye hold your sessions after the form of statutes thereof made and the issues, fines and amercements that shall happen to be made and all forfeitures which shall fall before you ye shall cause to be entered without any concealment or embezzling and truly send them to the Queen's exchequer. Ye shall not let for gift or other cause, but well and truly ye shall do your office of justice of the peace in that behalf, and that you take nothing for your office of justice of the peace to be done, but of the Queen, and fees accustomed and costs limited by the statute; and ye shall not direct nor cause to be directed any warrant (by you to be made) to the parties, but ye shall direct them to the bailiffs of the said county or other the Queen's officers or ministers, or other indifferent persons to do execution thereof. So help you God and by the contents of this book.

179.

FI

Resolutions on the Norfolk Election Case

(1586. Resolutions of the House of Commons. Prothero, 130.)

IRST, That the first writ was duly executed and the election good, and the second election absolutely void.

Secondly, That it was a most perilous precedent that, after two knights of a county were duly elected, any new writ should issue out for a second election without order of the House of Commons itself.

Thirdly, That the discussing and adjudging of this and such like differences only belonged to the said House.

Fourthly, That though the Lord Chancellor and Judges were competent judges in their proper courts, yet they were not in parliament.

Fifthly, That it should be entered in the very journal-book of the House that the said first election was approved to be good, and the said knights then chosen had been received and allowed as members of the House, not out of any respect the said House had or gave to the resolution of the Lord Chancellor and Judges therein passed, but merely by reason of the resolution of the House itself, by which the said election had been approved.

Sixthly and lastly, That there should no message be sent to the Lord Chancellor, not so much as to know what he had done therein, because it was conceived to be a matter derogatory to the power and privilege of the said House.

180. The Queen's Message with Regard to Monopolies

(1601. November 25. Message brought to the House of Commons by the Speaker. Prothero, 116, 117.)

IT.

T pleased her Majesty to command me to attend upon her yesterday in the afternoon, from whom I am to deliver unto you all her Majesty's most gracious message, sent by my unworthy self. *** It pleased her Majesty to say unto me, That if she had an hundred tongues she could not express our hearty good-wills. And further she said, That as she had ever held our good most dear, so the last day of our or her life should witness it; and that if the least of her subjects were grieved, and herself not touched, she appealed to the throne of Almighty God, how careful she hath been, and will be, to defend her people from all oppressions. She said, That partly by intimation of her council, and partly by divers petitions that have been delivered unto her both going to chapel and also walking abroad, she understood that divers patents, that she had granted, were grievous to her subjects; and that the substitutes of the patentees had used great oppression. But, she said, she never assented to grant anything which was malum in se. And if in the abuse of

her grant there be anything evil, which she took knowledge there was, she herself would take present order of reformation thereof. I cannot express unto you the apparent indignation of her Majesty towards these abuses. She said her kingly prerogative was tender; and therefore desireth us not to speak or doubt of her careful reformation; for, she said, her commandment given

a little before the late troubles (meaning the Earl of Essex's matters) by the unfortunate event of them was not so hindered, but that since that time, even in the midst of her most great and weighty occasions, she thought upon them. And that this should not suffice, but that further order should be taken presently, and not in futuro (for that also was another word which I take it her Majesty used), and that some should be presently repealed, some suspended, and none put in execution but such as should first have a trial according to the law for the good of the people. Against the abuses her wrath was so incensed, that she said, that she neither could nor would suffer such to escape with impunity. So to my unspeakable comfort she hath made me the messenger of this her gracious thankfulness and care.

181. Act of Recognition of the King's Title

GRE

son

(1604. I James I, c. I. Prothero, 250, 251.)

REAT and manifold were the benefits, most dread and most gracious Sovereign, wherewith Almighty God blessed this kingdom and nation by the happy union and conjunction of the two noble houses of York and Lancaster, thereby preserving this noble realm, formerly torn and almost wasted with long and miserable dissension and bloody civil war; but more inestimable and unspeakable blessings are thereby poured upon us, because there is derived and grown from and out of that union of those two princely families, a more famous and greater union, or rather a reuniting, of two mighty, famous and ancient kingdoms (yet anciently but one) of England and Scotland, under one imperial crown, in your most royal perWe therefore, your most humble and loyal subjects, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, do from the bottom of our hearts yield to the Divine Majesty all humble thanks and praises, not only for the said unspeakable and inestimable benefits and blessings above mentioned, but also that he hath further enriched your Highness with a most royal progeny, of most rare and excellent gifts and forwardness, and in his goodness is likely to increase the happy number of them and in most humble and lowly manner do beseech your most excellent Majesty, that (as a memorial to all posterities, amongst the records of your High Court of Parliament for ever to endure, of our loyalty, obedience and hearty and humble

affection), it may be published and declared in this High Court of Parliament, and enacted by authority of the same, That we (being bounden thereunto both by the laws of God and man) do recognize and acknowledge (and thereby express our unspeakable joys) that immediately upon the dissolution and decease of Elizabeth, late Queen of England, the imperial crown of the realm of England, and of all the kingdoms, dominions and rights belonging to the same, did, by inherent birthright and lawful and undoubted succession, descend and come to your most excellent Majesty, as being lineally, justly and lawfully next and sole heir of the blood royal of this realm as is aforesaid; and that by the goodness of God Almighty and lawful right of descent, under one imperial crown, your Majesty is of the realms and kingdoms of England, Scotland, France and Ireland, the most potent and mighty King

182. Commission for Negotiating a Union with Scotland

WH

(1604. I James I. c. 2. Prothero, 251, 252.)

HEREAS his most excellent Majesty hath been pleased, out of his great wisdom and judgment, not only to represent unto us by his own prudent and princely speech on the first day of this Parliament, how much he desired, in regard of his inward and gracious affection to both the famous and ancient realms of England and Scotland, now united in allegiance and loyal subjection in his royal person to his Majesty and his posterities for ever, that by a speedy, mature and sound deliberation such a further union might follow, as should make perfect that mutual love and uniformity of manners and customs which Almighty God in his providence for the strength and safety of both realms hath already so far begun in apparent sight of all the world, but also hath vouchsafed to express many ways how far it is and ever shall be from his royal and sincere care and affection to the subjects of England to alter and innovate the fundamental and ancient laws, privileges and good customs of this kingdom, whereby not only his regal authority but the people's security are preserved : forasmuch as his Majesty's humble, faithful and loving subjects have not only conceived the weight of his Majesty's reasons, but apprehend to their unspeakable joy and comfort his plain intention to seek no other changes, but of such particular, temporary or indifferent man

ner of statutes and customs as may both prevent and extinguish all future questions or unhappy accidents, by which the *** friendship and quietness between the subjects of both the realms aforesaid may be completed and confirmed, and also accomplish that real and effectual union already inherent in his Majesty's royal blood and person be it therefore enacted by the King's most excellent Majesty, by and with the assent and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, That Thomas, Lord Ellesmere, Lord Chancellor of England [and 43 others named], commissioners selected and nominated by authority of this present Parliament, or any eight or more of the said lords of the said higher house and any twenty or more of the said knights, citizens and burgesses of the said house of the commons, shall have full power

to

before the next session of this Parliament, treat and consult with certain selected commissioners to be nominated and authorized by authority of Parliament of the realm of Scotland *** concerning such an union of the said realms of England and Scotland * * * ; which commissioners of both the said realms shall * reduce their doings and proceedings therein into writings or instruments, that thereupon such further proceedings may be had as by both the said parliaments shall be thought fit and necessary for the weal and common good of both the said realms.

183. Act in Shirley's Case

(1604. 1 James I. Private Acts c. 9. Prothero, 324, 325.)

HUMBLY pray the Commons of this present parliament that, whereas Thomas Shirley, knight, which came by your Highness' commandment to this your present parliament, being elected and returned a burgess for the borough of Steyning in your Highness' county of Sussex, was upon the 15th day of March last past arrested by the sheriff of London at the suit of one Giles Simpson first upon an action of debt, and afterwards the same day laid and detained in execution upon a recognizance, of the nature of the statute staple, of £3000, in the prison commonly called the Compter in the Poultry in London, at the suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesty's prison of the Fleet, *** contrary to the liberties, privilege and