The Statutes of the Realm/Volume 1/Introduction/Appendix/E/1
I.
Instances illustrative of the Nature of the Parliament Rolls; and of the Method of Certifying Statutes into Chancery, in England and Ireland.
1. The Six Volumes printed by an Order of the House of Lords of Great Britain, 9 March 1767, and intituled, Rotuli Parliamentorum ut et Petitiones et Placita in Parliamento, contain various Parliamentary Matters from 6 Edw. I. to 19 Hen. VII. Original Petitions in Parliament from the Time of Edw. I, Entries of Record of Rolls and Proceedings in Parliament in the Time of Edw. I. and II, and Rolls of Parliament from 4 & 5 Edw. II, to the End of the Reign of Edward IV, are still preserved in the Tower of London, among which are many Matters not noticed in those printed Volumes. Previous to Edward III. the Contents of the Rolls are miscellaneous and irregular. From 13 Edw. III. to the End of the Reign of Edw. IV. the Contents of them are generally, but not universally, uniform, and may be thus described. They begin by stating the Time of the Opening of each Session, the declaring the Causes for which the Parliament was summoned, and the Appointment of Receivers and Triers of Petitions.—The Grants of Aids and Subsidies to the King, and the other Proceedings in the several Matters before Parliament, are entered as they took place. All the Petitions of the Commons, relating to Public Matters, and sometimes those of the Clergy separately, with the Answers thereto, are entered at large, as also all the Petitions or Bills presented by private Persons, and the Answers thereto: Many of these Petitions or Bills in the Time of Hen. VI. and Edward IV. are drawn up in the complete Form of Acts.—The Rolls conclude with the Account of the Petitions, or Bills and Answers being read at the Close of the Session, and of the Leave given to the Great Men and Commons to depart.
On the Roll of 35 Edw. I. of which the Entry is preserved in the Vetus Codex in the Tower of London, the earliest existing Record occurs of a Commission granted by the King, for beginning the Business of Parliament in his Absence. It is in the following Form:
“EDWARD par la grace de Dieu Roi Denglet͛re, Seignr Dirlaunde & Ducs Daquitaine a touz noz foialx & loialx Prelatz, Contes, Barons, Procurours, & autres q̃ sont venuz a Cardoill ꝑ nr̃e somonse pr estre illueq̃s a nr̃e Parlement a ces Oytaves de la Seynt Hilleyre, Saluz. Nous feisoms assav͛ a voꝰ toutz q̃ noꝰ enveoms a Cardoill noz foialx & loialx Waut͛ ꝑ meisme la grace Evesqꝫ de Cestre nr̃e Tresorier, & Henri de Lacy Conte de Nicole nr̃e chier cousyn, pr monstrer a voꝰ aucunes bosoignes touchantz noꝰ & nr̃e Roialme, qant a la jornee de y cestz Vendredi Samedi & Dimegne; & por treiter ovesqꝫ voꝰ & voꝰ dire nr̃e volunte sur meismes les busoignes, sicōme noꝰ lour avons enchargez; & voꝰ mandoms qe as ditz Evesqꝫ & Conte de ce qil voꝰ endirront de ꝑ noꝰ creez fiablement, & si avant cōme voꝰ ferriez a noꝰ meismes si noꝰ y feussiens en ꝓpre ꝑsone. Don̄ souz nr̃e pive Seal a Lanrecost le xix jour de Janeuoir Lan de nr̃e regne xxxv.”
The next known existing Record of a similar Commission is found on the Parliament Roll in the Tower, 13 Edw. III. Part II. The following is a Copy of the Commencement of that Roll, and of the Royal Commission entered thereon, for the beginning and continuing of Parliament.
“Les Remembrances du ꝑlement somons a Westmonstier as oyetaves de la Seint Hillarie lan du regne nr̃e Seignur le Roi Edward la tierce ap͛s le conquest treszisme.
“Edwardus Dei gr̃a Rex Angl̵, Dn̄s Hib̴n, & Dux Aquit̃, Archiep̃is Ep̃is Abbatibꝫ Prioribꝫ Comitibꝫ Baronibꝫ Militibꝫ & om̄ibꝫ aliis ad instans Ꝑliamentū nr̃m apud Westm̄ sūmonitū conventur̃, salt̃m: Cum dilc̃us & fidelis nr̃ Edwardus Dux Cornub̴ & Comes Cestr̃, fil̵ nr̃ carissimus, custos regni nr̃i, ꝑpt͛ quedam negocia sibi incumbencia sit ad p͛sens p͛peditus, quominus isto die Jovis in Octab̴ sc̃i Hilarii apud locū p͛dc̃m valeat ꝑsonalit͛ int͛esse, de circumspecc͠ois & industrie magnitudine ven͛abilis p̃ris Joh̴is Archiep̃i Cantuar̃ tocius Angl̵ primatis, & discretoꝝ viroꝝ mag̃ri Wil̴l̴i de la Zousche, Decani eccl̵ie b̴i Petri Eboꝝ Thes̃ nr̃i, Ric̃i de Wylughby, Joh̴is de Stonore, & Joh̴is de Sc̃o Paulo, plenam fiduciam reportantes, ip̃os quatuor t͛res & duos eoꝝ ad inchoand̵ & continuand̵ ꝑliamentū p͛dc̃m, nr̃o & dc̃i filii nr̃i nōīe, & ad faciend̵ ea que ꝓ nobis ꝑ p͛dc̃m fil̵ nr̃m faciend̵ fu͛īt, usqꝫ adventū ejusdem fil̵ nr̃i ibidem, deputamus & assignamꝰ. Et ideo vob̴ mandamus qd̵ eisdem Archiep̃o, Thes̃, Ric͠o, Joh̴i & Joh̴i, quatuor tribꝫ & duobꝫ eoꝝ, intendentes sitis in p͛missis in forma p͛dc̃a. In cujus rei testimonium has lr̃as nr̃as fieri fecimus patentes. T. Edwardo Duce Cornub̴ & Comite Cestr̃ fil̵ nr̃o carissimo, Custode Angl̵, apud Langele xix. die Januar̃ anno r̃. ñ. t͛ciodecimo.
ꝑ ip̃m Custodem & Cons̃.”
2. The Acts of Parliament inrolled, or, as they have been usually termed, Rolls of Parliament, which are preserved in the Chapel of the Rolls, London, commence with Richard III. and are continued to the present Time. The General Contemporary Title or Indorsement of each Roll is “Rotulus Parliamenti” &c. specifying the Year of the King’s Reign. But some of these Rolls are otherwise indorsed; E. g. “Acts of Parliament inrolled.” “Irrotulamentum Parliamenti.” “Acta Parliamenti.”
From 1 Ric. III. to the End of Henry VII, these Rolls are very similar in their Contents to those of preceding Reigns, in the Tower, as before described. The Rolls from 1 Henry VIII. to 25 Hen. VIII. contain a more abridged Account of the Proceedings in Parliament, but appear to include all the Acts passed in every Session, with an introductory and concluding Form to each Act, of its being exhibited and assented to. After 21 Hen. VIII. the Introductory Forms of opening the Parliament, appointing Triers of Petitions, &c. are omitted. After 25 Henry VIII. some of the Acts are omitted, being generally such as are classed in the Printed Editions as Private Acts. In 31 Hen. VIII. the Introduction at the Head of the Roll for the first Time defines the Contents as Statutes made in a Parliament, the Time and Place of which is specified, and makes a precise Distinction between Public and Private Acts, as follows, viz. “In Parliamento inchoato, &c. [the Date] communi omnium Dominorum tam Spiritualium quam Temporalium ac Communitatis Consensu, ac Regie Majestatis assensu, inactitata et stabilita fuerunt hec sequentia Statuta, viz. Actes Publicke:” Then follows a List of the Titles; after that “Actes Private,” with a List of the Titles: Then follow the several Acts Public and Private, in a regular Series, with this Introductory Form to each; “Exhibita est regie Majestati, in Parliamento predicto, Billa quedam, formam Actus in se continens,” and at the End of each; “Cui quidem Bille perlecte et ad plenum intellecte per dictum dominum Regem ex authoritate Parliamenti predicti sic responsum est.” [Le Roy le veult; or otherwise as the Nature of the Act requires.] No other Proceedings of Parliament are entered on the Roll. Private Acts as well as Public continued to be inrolled till 25 Eliz., but not all which were passed; some Private Acts were also inrolled in An. 35 Eliz, but not afterwards. At the End of the Roll is generally subscribed the Name of the Clerk of the Parliament: and sometimes Words are added in the Nature of a Certificate of their Correctness, “Examinat̃ ꝑ me.” “Examinat̃ & concordat cum originali.” “Examinat̃ & certificat̃, &c.” These are the Form and Contents of the Rolls to 1 Car. I.
In the Two Sessions 1 and 3 Car. I. the Rolls were made up nearly in the ancient Form.[1] In 16 Car. I, the next ensuing Session, the Roll begins “In Parliamento inchoato, &c. [as in 31 Hen. VIII.] sancita, inactitata, ordinata, et stabilita fuerunt sequentia Statuta ut sequuntur, viz. Publique Acts.” Then follow the Title and Body of an Act, without any introductory Form, and at the End “Cui quidem Bille in se formam Actus continenti perlecte et ad plenum intellecte per dictum Dñum Regem ex authoritate Parliamenti sic Responsum est: R°—Le Roy le veult.” Or if a Subsidy Act “Le Roi remerciant ses bons Subjets, accepte leur benevolence & ainsi le veut.” Then follow the Title and Body of another Act, and at the End the like Form of signifying the Royal Assent, and so until all the Public Acts are entered. After which follows an Introduction “Item quedam Petitiones privatas personas concernentes in se formam Actus continentes exhibite fuerunt p͛dc̃o Dño Regi in Parliam̃ p͛d̵, quaꝝ Tituli subscribuntur, viz. Private Acts.” Then follows a List of the Titles, and at the End of the List, “Quibus perlectis & ad plenum intellectis, ꝑ Dñum Regem de Avisamento et assensu Dñoꝝ Spiritualiū et Temporaliū ac Communitatis in dc̃o Parliam̃ existeñ, ac authoritate ejusdem, taliter ut sequitur eisdem singulatim est responsum, viz. Soit fait come il est desire͏́.” No other Proceedings of Parliament are entered on the Roll: At the End is written, “Concordt cum Original̵ Jo. Browne Cleric. Parliamentoꝝ.” This Form continues to 31 George II. inclusive. After which the List of the Private Acts, and its introductory and concluding Forms, are wholly omitted.
At the present Day, on Account of the increased Length and Number of the Public Acts passed in Parliament, they cannot all be conveniently entered on one Roll. At the Head therefore of a Roll, which is indorsed, “Prima Pars Rotulorum Parliamentorum de Anno Regni Regis Georgii Tertii,” [specifying the Year of the King’s Reign, &c.] is written the following Introduction.
“In Parliamento inchoato et tento, apud [Place and Date] communi omnium Dominorum tam Spiritualium quam Temporalium et Communitatis consensu, ac Regiæ Majestatis assensu, sancita inactitata ordinata et stabilita fuerunt sequentia hæc Statuta: Videlicet.
Publick Acts. | ||
| 1. | An Act | [Title and Date of passing.] |
| Then follows the Act at length, and at the End the Words only of the Royal Assent. | ||
| Le Roy le veut. [or otherwise as the Nature of the Act requires. | ||
| 2. | An Act | [&c. in the same Form exactly.] |
On this Roll, and on subsequent Rolls of the same Parliament, indorsed “Secunda Pars” “Tertia Pars” &c. “Rotulorum Parliamentorum de Anno” &c. as on the First Roll, all the Public Acts of the Session are in like Manner entered: And at the Bottom of the last Roll, or Part, in the Hand-writing of the Clerk of the Parliaments is the following Certificate. “Concordat cum Originali. George Rose Cler̃ Parliamentor̃.”
This Certificate refers to the Original Bills which, having received the Royal Assent in Parliament, became Acts, and are preserved in the Parliament Office at Westminster.
The Acts of the Parliament 49 Geo. III. occupy Fifty-five Rolls.
3. With respect to the certifying into Chancery of Statutes and Private Acts.—Private Acts of which Evidence has been required, have been from Time to Time specially certified into Chancery by the Clerk of the Parliaments, in Answer to a Writ issued for that Purpose; in which Cases the Writ, with the Return thereto by the Clerk of the Parliaments, containing the Tenor of the Act, has always been exemplified under the Great Seal. There appears only one Instance of any Act so certified before 25 Hen. VIII. viz. one of 6 Hen. VIII. and the Act thus certified is contained in the general Inrollment of its proper Year, as are also several of the Acts certified on subsequent Occasions, as late as 35 Eliz. The Acts thus certified are kept in the Certiorari Bundles, separate from the regular Inrollments of the respective Years.
The Practice of certifying Private Acts into Chancery has not of late Years been uniformly observed, Copies being obtained from the Original Act in the Parliament Office: The Inconvenience attending this Irregularity has been partly remedied by the Introduction of a Clause at the end of some of the Local and Personal Acts, that the Act shall be printed by the King’s Printer, and that a Copy thereof so printed shall be Evidence; but many Local and Personal Acts are passed without this Clause.
The Mode of transmitting and certifying Statutes into Chancery, in Ireland, will appear clearly from the following Particulars, abridged from the Journals of the House of Lords in that Kingdom, in the Year 1758, vol. iv. pa. 109, 113 & 117.
On the 3d of February 1758, It was “Ordered, That a Committee be appointed to inspect into the State of the Parliament Office, and inquire in what Manner the Rolls of Parliament are now kept, and how disposed of.” On the 20th of the same Month, the Lords Committees made a Report accordingly: In this Report they stated, that previous to the Year 1715 the Original Acts, and the Transcripts of them from Parliament into Chancery, were lodged at the Rolls Office; and that subsequent to that Period the Acts and Transcripts were lodged in the Parliament Office: and they expressed their Opinion, that all Original Acts ought to be kept in the Parliament Office; and that Transcripts, duly certified by the Clerk of the Parliament, and returned on Writs of Certiorari, ought to be lodged in the Rolls Office; by which means, in case of Accident, the Loss of the Records of one Office might be supplied by those in the other.
Annexed to this Report of the Lords was an Appendix, containing a Report of Mr. Lodge, Deputy Clerk and Keeper of the Rolls in Ireland, on the Contents of those Rolls. In this Report the following Particulars are stated:
“The Parliament Rolls remaining of Record in the Rolls Office of His Majesty’s High Court of Chancery in Ireland, begin with the Fifth Year of King Henry VI. which Roll hath this Title: ‘Act̃ in Parliamento Dñi Regis ten̄ apud Dublin̄ coram Jacobo le Botiller Comit̃ de Ormond̵ Justic̃ ipsius Dñi Regis Terræ suæ Hiberniæ, Die Veneris prox̃ post festum Sti Cuthberti Ep̃i et Confessoris anno Regni Regis Henrici sexti quinto.’ And is thus indorsed upon the last Skin: ‘Mem̃ qd xviij. Die Septembr̃ Anno r̃. r̃. Henrici Sexti sexto, Venerabilis in Xto Pater Ric̃us Archiep̃us Dublin̄, Cancellar̃ ipsius Dñi Regis Hib̴e, recepit apud Trym istum tenorem Actus Parl̵ti unde in isto tenore sp̃ialr fit mentio, ex deliberatione Thom̄ Bron̄ Cler̃ dicti Parl̵ti, decreto consideratione et auctoritate ejusdem Parl̵ti, sec̃dum formam decreti considerationis & auctoritatis supradictoꝝ.’
“The Roll of the Eighteenth Henry VI. is subscribed ‘Thom̄ Bron̄ Cl̵icus Parliament̃.’
“The Roll of the Twenty-ninth of Henry VI. is thus indorsed—‘Memor̃d̵ quod Hugo Wogan Cl̵icus Parliamenti Dñi Regis Hibernie deliberavit Rotulum quorundam Ordinationum Statutoꝝ et Actuum Magni Concilii infra specificat̃ contin̄, xxi° Die Martii anno regni Regis Hen̄ Sexti vicesimo nono, Johanni Chevir̃ Clerico ac Custodi Rotuloꝝ Cancellar̃ Dñi Regis Hiberniæ.’
“The Roll of the Thirty-third of Henry VI. is indorsed—‘Memorand̵ qd̵ vicesimo die Junii anno regni Regis Henrici Sexti tricesimo tertio, Hugo Wogan Clericus Parliament̃ deliberavit hunc Rotulum Joh̴i Chevir̃ Cl̵ico ac Custodi Rotulorum Cancellar̃ dicti Dñi Regis Terræ suæ Hiberniæ.’
“The Roll of the Eighth of Henry VII. is thus indorsed on the last Skin but one—‘Memor̃d̵ qd̵ Die Octobr̃ anno r. r. Henrici VII. nono, Jacobus Colyn̄ deliberavit hunc Rotulum Thõ Botiller Cl̵ico Rotl̵oꝝ Canc̃.’
“The only Roll of King James I. in the Eleventh Year of his Reign hath a Writ of Certiorari annexed, directed to Thomas Chetham Esquire, Clerk of the Parliaments, to return into Chancery the Tenor of all the Acts and Statutes enacted in the Parliament held at the Castle of Dublin 18th May, Ano 11°, and continued by several Prorogations to 24th October, 13°, dated 25th August, 15° Jac. I. And at the Foot of the Roll is this Certificate, ‘Ego Thõ Chetham Ar̃ Cleric̃ Parliamentor̃ hujus Regni Hiberniæ, virtute Brevis supradict̃ Dñi Regis mihi direct̃ et huic Rotulo annex̃, certifico quod in hoc Rotulo continetur ver̃ tenor̃ omnium & singulorum Actuum Parliament̃ & Statut̃ in Parliamento supradicto fact̃ stabilit̃ & inactitat̃, in Brevi prædict̃ specificat̃. In cujus rei testimoñ Sigillum Nomenque meum apposui atque subscripsi. Dat̃ ulto Die Septembr̃ Anno Regni supradict̃ Dñi Regis Angliæ, Franciæ, & Hiberniæ decimo quinto, & Scotiæ quinquagesimo.
“The Roll of the Tenth of Charles I. is thus certified,—‘I John Percevall, one of the Executors of Sir Philip Percevall Knt̃, late Clerk of the Parliaments, do hereby certify, by virtue of the above Writ out of His Highness’ Court of Chancery to me directed, and hereunto annexed, that this Roll is the true Contents of the above Acts of Parliament in that Writ mentioned. In Witness whereof I have hereunto put my Hand and Seal. Dated this 15th Day of December in the Year of our Lord God One thousand six hundred and fifty-six.
“Returns of the like Tenor are made by the said Sir John Percevall to the Rolls of the Fourteenth and Fifteenth Years of the said King; but the Writs of Certiorari referred to are not annexed to the Rolls.
“In the Sixteenth Year is a Private Act concerning Richard Earl of Cork and John Bishop of Waterford, intitled, ‘Quoddam Actum Parliamenti editum,’ &c. to which is annexed a Writ of Certiorari, directed to Sir Philip Percevall Knight, Clerk of the Parliaments, to return the Tenor of the said Act into Chancery, dated 11th December 16° Car. I. which Writ is thus indorsed:—‘Executio istius Brevis patet in Schedula eidem annex̃. Phil̵ Percevall.’—And at the Bottom is this Certificate, ‘Ego Philippus Percevall Mil̵ Cl̵icus Parliam̃, virtute Brevis supradict̃ Dñi Regis mihi direct̃ & hiis annex̃, certifico superius hoc scriptum verum esse tenorem actus Parliamenti supradict̃ in eo Brevi express̃. In cujus rei testimon̄ Sigillum Nomenqꝫ meum apposui atque subscripsi. Dat̃ vicesimo Die Februarii, Anno Regni supradict̃ Dñi Regis Angliæ, Scotiæ, Francie, & Hibernie,
“The Acts of King Charles II. in the Parliament held from 8th May 13°, to 8th August 18°, are contained in Seven Rolls, with a Writ of Certiorari annexed to the First Roll, directed to Sir George Lane Knight, Clerk of the Parliaments, to return into Chancery the Tenor of the Acts enacted during the said Parliament, dated 21st February, 19° Car. II. indorsed—‘Executio hujus Brevis patet in quibusdam Schedulis huic Brevi annexat̃.
“To the Roll of the Fourth of Will. and Mary is annexed a Writ of Certiorari, directed to John Smith Esq. Clerk of the Parliaments, to return into Chancery the Tenor of all the Acts enacted in the Parliament held 5th October 4° Gul. and Mar. and continued by several Prorogations to 26th June 5° Gul. and Mar. dated 15th January 6° Queen Anne, indorsed—‘Executio hujus Brevis patet in quadam Schedula huic Brevi annexat̃.
“To the Roll of the Seventh of King William is annexed a Writ of Certiorari, of the same Date with the foregoing, to return into Chancery the Tenor of all the Acts enacted in the Parliament begun 27th August 7° Gul. and continued to 14th June, 11°; indorsed as the aforesaid Writ.
“To the Roll of the Second and subsequent Years to the 10th of Queen Anne is annexed a Writ of Certiorari, of which the following is a Copy; and which is similar in its Tenor to the other more antient Writs of Certiorari before mentioned.
“Anna Dei Gr̃a Magn̄ Britan̄, Franc̃ & Hib̴n̄ Regin̄ Fidei Defens̃, &c. Dilect̃ & Fidel̵ nr̃o Johan̄ Smith Ar̃o Cleric̃ Parliament̃ nr̃or̃ Sal̵tm. Volentes certis de Causis Certiorar̃ de & suꝑ tenore omn̄ & singul̵ Actuū Parliament̃ & Statut̃ in Parliament̃ nr̃o apud̵ Dom̄ cõiter vocat̃ Chichester House in Com̄ Civit̃ Dublin̄, vicesimo primo Die Septembris, Anno rñi nr̃i secundo inchoat̃ & ib̴m ten̄, ac deinde ꝓ divers̃ Prorogatioñ hucusqꝫ ten̄ & continuat̃, fact̃ stabilit̃ et inactitat̃, tibi mandamus quod tenorem omn̄ et singuloꝝ Act̃ et Statut̃ predict̃, cum omnibus ea tangentibus, nobis in Can̄ Hib̴n̄ distincte & aperte sine dil̵one mitt̃ una cum hoc Br̃e. Test̃ p͛dilect̃ et ꝑp̃m fidel̵ Consiliar̃ nr̃ Constant̃ Phipps Mil̵, Canc̃ nr̃o Rñi nr̃i predict̃, & Ricardo Ingoldsby Ar̃o Justic̃ & Genal̵ Gub̴nator̃ nr̃o dict̃ rñi nr̃i Hib̴, apud Dublin̄ vicesimo quarto Die Januar̃ Anno rñi nr̃i decimo.
On the 23d of February 1758, the House of Lords came to the following, among other, Resolutions:
Original Acts at Parliament Office;—Transcripts at Rolls.
“That the Parliament Office is the proper Repository for the Original Acts passed in this Realm; and that Transcripts of the said Acts, certified in due Form, ought to be in the Rolls Office, there to remain of Record.
Writs of Certiorari.
“That the antient Usage has been to issue Writs of Certiorari from Time to Time out of the Court of Chancery, requiring the Clerk of the Parliaments to return the Tenor of all Acts: But it does not appear to this House that any such Writ has been issued for this Purpose since the Year 1711.
Duplicates.
“That it is highly expedient that all Original Acts, of which Transcripts have been duly certified into the Court of Chancery, should be lodged with the Clerk of the Parliaments: That a Writ of Certiorari should be immediately issued requiring the said Clerk to return the Tenor of all Acts, passed in this Kingdom since the Year 1711, into His Majesty’s Court of Chancery; Certiorari, at the End of each Session.and that from henceforth a Writ of Certiorari should be regularly issued for the like Purpose at the Close of every Session.”
Notwithstanding the foregoing Proceedings, it does not appear that the Measures suggested were carried into Effect. On an Examination made, by two Sub-Commissioners on the Records, in the Year 1806, at the Rolls Office in Dublin, some Rolls of the Acts between 1711 and 1758 were found, but not signed or certified by the Clerk of the Parliament; and it is observable that the Heads or Introductions of those Rolls are cut off. From 1758 to the Time of the Union between Great Britain and Ireland, instead of the whole Body of Acts being certified authentically into Chancery at the End of each Session, as required by the last of the foregoing Resolutions, Copies of each separate Act, uncertified, were delivered into the Rolls Office, and put by without Regularity or Method, and without any Calendar or Index to them being made.—See Report of Searches, by order of the Commissioners on Public Records, 1806: Ordered, by the House of Lords, to be printed 30 June 1807.
- ↑ See more fully, Appendix F. post pages lxxvii, lxxviii.