recipitation and mistake, than from any serious design of invading the
privileges of parliament.[v]

* D'Ewes, p. 397.

** 39 H. 6.

*** Journ. Feb. 8th, 1580.

**** In a subsequent parliament, that of the thirty-fifth of
the queen, the commons, after a great debate, expressly
voted, that a person outlawed might be elected. D'Ewes, p.
518. But as the matter had been much contested, the king
might think the vote of the house no law, and might esteem
his own decision of more weight than theirs. We may also
suppose that he was not acquainted with this vote. Queen
Elizabeth, in her speech to her last parliament, complained
of their admitting outlaws, and represents that conduct of
the house as a great abuse.

v Jan. 11th, 1604. Rymer, tom. xvi. p. 561.

Sir Francis Goodwin was chosen member for the county of Bucks; and his
return, as usual, was made into chancery. The chancellor, pronouncing
him an outlaw, vacated his seat and issued writs for a new election.[*]
Sir John Fortescue was chosen in his place by the county: but the first
act of the house was to reverse the chancellor's sentence, and restore
Sir Francis to his seat. At the king's suggestion, the lords desired a
conference on the subject; but were absolutely refused by the commons,
as the question entirely regarded their own privileges.[**] The commons,
however, agreed to make a remonstrance to the king by the mouth of their
speaker; in which they maintained that, though the returns were by
form made into chancery, yet the sole right of judging with regard to
elections belonged to the house itself, not to the chancellor.[***]
James was not satisfied, and ordered a conference between the house
and the judges, whose opinion in this case was opposite to that of
the commons. This conference, he said, he commanded as an "absolute"
king;[****] an epithet, we are apt to imagine, not very grateful to
English ears, but one to which they had already been somewhat accustomed
from the mouth of Elizabeth.[v] [44] He added, "That all their
privileges were derived from his grant, and hoped they would not turn
them against him;"[v*] a sentiment which, from her conduct, it is
certain that princess had also entertained, and which was the reigning
principle of her courtiers and ministers, and the spring of all her
administration.

* The duke of Sully tells us, that it was a maxim of James,
th