Page:The Statutes of the Realm Vol 1 (1101-1377).pdf/68

 lxviii “The Roll of the Eighth of Henry. is thus indorsed on the last Skin but one—‘Memo q Die Octob anno r. r. Henrici. nono, Jacobus Coly deliberavit hunc Rotulum Th Botiller Cico Roto Can.’

“The only Roll of King James. 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, An 11°, and continued by several Prorogations to 24th October, 13°, dated 25th August, 15° Jac. . And at the Foot of the Roll is this Certificate, ‘Ego Th Chetham A Cleri Parliamento hujus Regni Hiberniæ, virtute Brevis supradic Di Regis mihi direc et huic Rotulo anne, certifico quod in hoc Rotulo continetur ve teno omnium & singulorum Actuum Parliamen & Statu in Parliamento supradicto fac stabili & inactita, in Brevi prædic specifica. In cujus rei testimo Sigillum Nomenque meum apposui atque subscripsi. Da ult Die Septemb Anno Regni supradic Di Regis Angliæ, Franciæ, & Hiberniæ decimo quinto, & Scotiæ quinquagesimo. Tho. Chetham.’

“The Roll of the Tenth of Charles. is thus certified,—‘I John Percevall, one of the Executors of Sir Philip Percevall Kn, 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. John Percevall.’

“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. . which Writ is thus indorsed:—‘Executio istius Brevis patet in Schedula eidem anne. Phi Percevall.’—And at the Bottom is this Certificate, ‘Ego Philippus Percevall Mi Cicus Parlia, virtute Brevis supradic Di Regis mihi direc & hiis anne, certifico superius hoc scriptum verum esse tenorem actus Parliamenti supradic in eo Brevi expres. In cujus rei testimo Sigillum Nomen meum apposui atque subscripsi. Da vicesimo Die Februarii, Anno Regni supradic Di Regis Angliæ, Scotiæ, Francie, & Hibernie, Phi Percevall.’’

“The Acts of King Charles. 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. . indorsed—‘Executio hujus Brevis patet in quibusdam Schedulis huic Brevi annexa. Jo Keating De Cle Par.’

“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 annexa. ‘Sic rec. John Smith, Cle Parliamen.’

“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 Ga Mag Brita, Fran & Hi Regi Fidei Defen, &c. Dilec & Fide no Joha Smith Ao Cleri Parliamen no Satm. Volentes certis de Causis Certiora de & su🇵🇪 tenore om & singu Actu Parliamen & Statu in Parliamen no apu Do citer voca Chichester House in Co Civi Dubli, vicesimo primo Die Septembris, Anno ri ni secundo inchoa & im te, ac deinde diver Prorogatio hucus te & continua, fac stabili et inactita, tibi mandamus quod tenorem om et singulo Ac et Statu predic, cum omnibus ea tangentibus, nobis in Ca Hi distincte & aperte sine dione mit una cum hoc Be. Tes dilec et 🇵🇪m fide Consilia n Constan Phipps Mi, Can no Ri ni predic, & Ricardo Ingoldsby Ao Justi & Gena Gunato no dic ri ni Hi, apud Dubli vicesimo quarto Die Janua Anno ri ni decimo. Berkeley Mo Rotulo.”

On the 23d of February 1758, the House of Lords came to the following, among other, Resolutions:

“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.

“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.

“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; and that from henceforth a Writ of Certiorari should be regularly issued for the like Purpose at the Close of every Session.”