LETTERS FROM BIRCH. 423 



they are of no force. For thus it stands: The lower house 

 exhibited the declarations in paper ; and the lords, receiving 

 them, proceeded to judgment verbally; and the notes of 

 their judgments are taken by the clerk, in the journal only; 

 which, as I think, is no record of itself; neither was it ever 

 used as one. Now the record, that in former times was of 

 the judgments and proceedings there, was in this form. 

 The accusation was exhibited in parchment ; and being so 

 received, and indorsed, was the first record ; and that re 

 mained filed among the bills of parliament, it being of itself 

 as the bills in the King s Bench. Then out of this there 

 was a formal judgment, with the accusation entered into 

 that roll, or second record, which the clerk transcribes by 

 ancient use, and sends into the Chancery. 



But in this case there are none of these : neither doth 

 any thing seem to help to make a record of it, than only 

 this, that the clerk may enter it, now after the parliament ; 

 which, I doubt, he cannot. Because, although in other 

 courts the clerks enter all, and make their records after 

 the term, yet in this parliamentary proceeding it falls out, 

 that the court being dissolved, the clerk cannot be said to 

 have such a relation to the parliament, which is not then 

 at all in being, as the prothonotaries of the courts in West 

 minster have to their courts, which stand only adjourned. 

 Besides, there cannot be an example found, by which it 

 may appear, that ever any record of the first kind (where 

 the transcript is into the Chancery) was made in parliament; 

 but only sitting the house, and in their view. But this I 

 offer to your lordship s farther consideration, desiring your 

 favourable censure of my fancy herein ; which, with what 

 soever ability I may pretend to, shall ever be desirous to 

 serve you, to whom I shall perpetually own myself 

 Your Lordship s most humble Servant, 



From the Temple, February 14, 1621. J- &ELDEN. 



My Lord, 



If your lordship have done with that Mascardus de In- 

 terpretatione Statutorum* I shall be glad that you would 

 give order that I might use it. And for that of 12 Hen. VII. 

 touching the grand council, in the manuscript, I have since 

 seen a privy seal of Henry VII. (without a year) directed 

 to borrow for the king ; and in it there is a recital of a grand 

 council, which thought that such a sum was fit to be levied; 



* Alderani Mascardi communes concliuitmes titriusque juris ad generate tta- 

 tutorum interpretationem nccownwdatce : printed at Ferrara, in 1608. 



