Page:Precedents of Proceedings in the House of Commons (4th ed, 1818, vol I).djvu/37

1.] therefore of this act, as it is in the Statute Book, "The Penalty of making an Assault upon any Servant of any Knight in Parliament," is by no means just; as the statute is only in the nature of a proclamation to compel the offender to appear, and declares what shall be the penalty in case of non-appearance. This construction of the statute is confirmed not only by the opinion of Elsynge, p. 191, who says, "this law was made to provide for him that could not be apprehended after the fact done," but also by its being found necessary, within a very few years after, to make another Act of Parliament "for the punishment of those that make assault upon any that come to the Parliament," 11th Henry VI. ch. 11; an Act, which comprehends both these points; and which after reciting, word for word, the penalties inflicted by the statute of 5th Henry IV. ch. 6, upon such offenders as should not appear, goes on and declares, "That if he do come and be found guilty by Inquest, by Examination, or otherwise, of such Affray or Assault, then he shall pay to the party so grieved his double damages found by the Inquest, or to be taxed by the discretion of the said Justices, and make fine and ransom at the King's will." Elsynge says, "Constat, that the said John Sallage did yield himself according to the proclamation;" but I don't find that it is any where recorded what punishment he underwent; and indeed by the act of 11th Henry VI. following so soon after, it looks very much as if, at this period, no particular penalties were ascertained by the law for this and similar offences.

8. The next Case in point of time is that of Larke, in the eighth year of Henry VI. which is thus entered on the Roll: . I.