one general Councill in 32 E. 3. d. 14. 5ly That after King Edward the 3d. his reigne there is not one president of any Archbishop Bishop Abbot Prior or religious persons summoned to any Parliament to my remembrance but only of those who held by Barony and were constantly summoned as Spiritual Peers to all our Parliaments And very few Presidents if any of a Knight Gentleman or other Layman whatsoever summoned by any general Writs to the Lords House to treat and consult together with them unlesse they were ancient Earles Lords or Barons of the Realm or newly created such by special Patents before their summons or by special clauses of creation in the Wriâ—s by which they were summoned as all the lists of summons in the Clause Rolls the precedent Table the Statutes of 5 R. 2. Stat. 2. c. 4. 31 H. 8. c 10. and Mr. Martyns Catalogue of them at the end of his History clearly manifest 6ly That in my best observation there is no president from 49 H. 3. till the last Parliament of King Charles nor in any age before where any of the ancient Nobility Peers Lords or Barons of the Realme at least any considerable number of them unlesse such who were actually outlawed or attainted of High Treason or absent in forreign parts or in actual service in the Wars or under age were omitted out of the Writs of summous or secluded from sitting in the Lords House in any Parliament by force or frand unless by Morâ—imer in the Parliament at Salisbury An. 2. E. 3. and in 21 R. 2. nor of others who were no real Lords Peers by Patent Tenure or other legal creation summoned to the Lords House out of England much lesse out of Scotland and Ireland to supplant them or supply their places under any name notion or pretext whatsoever Neither were they or any of them secluded disinherited of their seats Votes Peerage in Parliament without or before the least legal hearing trial impeachment or conviction whatsoever of any capital crime which might forâ—eit their Peerage against all the Great Charters Statutes Records Declarations Orders Ordinances Votes Protestations Oathts Covenants mentioned in my Plea for the Lords and House of Peers which ratifie and perpetuate this their Birthright to them and their Posterities and the very law of all Nations 6ly It is very observable that both Houses of Parliament in their Propositions sent to King Charles at their last Treaty with him in the Isle of Weight to prevent the creation and introduction of any New Lords into future Parliaments to the prejudice seclusion or overvoting of the Ancient Nobility or Commons house did amongst other things propound That BY ACT OF PARLIAMENT all LORDS and PEERS made by the King since Edward Lord Littleton deserted the Parliament and carried away the Great Seal the 21. of May 1642. should be unlorded unpeered set by and their Titles of Honour Patents revoked declared null and void to all intents and never hereafter put in use And that NO PEER WHICH SHOULD BE HEREAFTER MADE BY THE KING HIS HEIRES OR SUCCESSORS who have onely and solely a just legal power to create them and none else as they hereby declare SHALL SIT IN THE PARLIAMENT OF ENGLAND WITHOUT CONSENT OF BOTH HOUSES OF PARLIAMENT Which the King then fully and freely consented to without any limitation or exception whatsoever Since which Proposition of both Houses and concession by the King how any person or persons who assented to or approved thereof in any kind as reasonable or beneficial to the publick without any special Patent or creation from the King his heires or successors and without the consent of the House of Lords and ancient Peers of the Realme the only proper members of Iudges in it of the Commons House yea against both their consents and approbations can justly by any other authority Patent Writ or instrument whatsoever assume unto themselves the Titles of Lords or Barons of the Realme or of the Lords House it self to the disseasing disinheriting suppressing of the ancient undoubted Peers and House of Lords Or how any who have Voted down declared against and abolished the Lords and Lords House in sundry printed Papers as Uselesse Dangerous Inconvenient Oppressive to the People obstructive to the Proceedings in Parliament and the like and afterwards by several Votes and printed New Knacks took and subscribed themselves and prescribed to all others under severest penalties a publick Engagement To be â—rue and faithfull to the Commonwealth of England as it was then established as they thought by themselves though the event soon after proved the contrary Without a King or House of Lords can or dare become this very Selfsame Vselesse dangerous oppressive obstructive grievance c. themselves and against their own Votes Declarations Acts Subscriptions Engagements stile or assert themselves to be either real Lords or an House of Lords without the greatest Praevarication Contradiction to and Apostacy from their own former Principles or how they can ever probably expect that either the ancient Lords or Commons of England should submit unto them as such let their own judgments consciences and reasons resolve them The rather because divers of the Earles Nobles made by King Stephen were stiled yea deposed as meer Imaginary false Earles and Lords Quosdam Imaginarios et Pseudo-Comites and both their Titles and Crown lands given them by Stephen though King de facto resumed by King Henry the 2. right heir to the crown because Stephen was an Usurper Chartae Invasoris praejudicium legitimo Principi minime facere deberent as the Chronicle of Normandy the Book of the Abby of Waverly Mr. Selden out of them Gulielmus Neubrigensis and Chronicle of Bromton Col. 1046. inform us Whose President may justly deterre them from any unjust disseisin of the ancient Lords and setting themselves in their Places And thus much for my Observations on and from the Writs in this second Section SECTION 3. Of Writs of Summons to the Kings Counsil and other Ordinary Assistants to the Lords in Parliaments and Parliamentary Councils with annotations on them THe next Writs of Summons after those to the Spiritual and Temporal Lords entred in the antient Clause Rolls are those to the Kings Counsil different only in one or two Clauses from the former in which else they usually accorded These persons commonly summoned to Parliaments as the Kings Counsil by distinct writs from the Lords as ordinary Assistants both to the King and them in all causes controversies Questions of Moment were mostly the Kings Great Officers as well Clergymen as Secular persons who were no Lords nor Barons of the Realm as namely his Treasurer Chancellor of the Eschequer Judges of his Courts at Westminster Justices in Eyre Iustices assignes Barons of his Eschequer Clerks Secretaries of his Counsil and sometimes his Serjeants at Law with such other Officers and Persons whom our Kings thought meâ—â—o summon The
House of Lords who should have restrained reformed these their unparallelld extravagancies which I could prove by hundreds of sad Instances and have briefly hinted in my â—lea for the old Lords page 413. to 419. For which very reason they ought now to be restored being an excellent Bank and Screen between the Prince and People to assist each against any encroachments on the other and by just judgements to preserve that Law which ought to be the Rule between every one of the three and trusted with a Iudicatory power to this very end 3ly Some of those very Members of the late Commons House Army and Whitehall who would disseise them of their House Privileges Birthrights and antient Iurisdiction before they took upon them the Title of Lords or of the House of Lords as pretended Members of the Commons House a little before and since their votes against the old House of Lords as Committees of that House or Commissioners in their new â—rected High Courts of Iustice Members of the Counsil of State at White-Hall or Counsil of Army-Officers or Major Generals and Deputy Major Generals have acted a thousand times more exorbitantly arbitrarily tyrannically to the subversion of the Fundamental Laws Liberties properties Government Justice of the Nation oppressing improverishing vexing dishinheriting destroying enslaving of the Freemen of England than ever any old Lords or House of Lords or Kings of England in Parliament heretofore did in any age whatsoever Witness their usurpations of a more than absolute Parliamentarie power to themselves by their own Votes Orâ—ers Declarations alone to alter new model over and over the whole frame of our Parliaments Laws and publike Government their electing Knights Citizens Burgesses for what they stiled a Parliament without the least privity or election of the people their dissolving declaring the long Parliament to be dissolved against an expresse Act of Parliament their repealing many old Lawes Acts Oathes enacting new Lawes contrary to them creating New Treasons and misprision of Treasons yea imposing heavy excessive New Taxes Customes Excises of all sorts on the three Nations not only in their private Westminster conventions but by their Armie and Whitehall Ordinances amounting to a large Folio Volume without any Parliament or legall Act of Parliament ordering them to be levyed by fines forfeitures sales of the refusers reall and personal esâ—ates imprisonments soldiers quartering and the like Injoysing All Courts of Iustice Iudges Iustices Sheriffs Officers of this Commonwealth Counsellors Attornies and other Persons to conform themselves accordingly without any opposition or dispute whatsoever and committing their very Counsel to the Tower as Traytors or Grand Delinquents only for arguing their Cases upon an Habeas Corpus in Westminster Hall according to Law and their Duties Their taking away the lives liberties or estates freeholds of thousands without any legall Triall or Indictment of their Peers their banishing confining imprisoning close imprisoning hundreds yea thousands at a time upon meer fears and jealousies and binding them and all their servants in excessive bonds with sureties their disfranchising Maiors Bailiffs Aldermen others in corporations enforcing divers to release their legall actions Judgements Executions and committing them at their pleasures till they did it against the expresse tenour not only of the Grand Charter Petition of Right and other Acts but the very letter of the late Act For preventing of Inconveniences happening by the long intermission of Parliaments The Acts for the 3. first subsidies of Tonnage and Poundage The Act for regulating the Privy Counsell For declaring unlawfull and void the late proceedings touching Ship-mony and other Acts passed by some of their own Votes in the Parliament of 16. and 17. Caroli of which or the like exorbitances no ancient Peers or House of Lords were ever yet guilty And if some of those persons who would usurp or abridg the old Lords power have been so arbitrarie tyrannical in all kinds before they claimed the Title of Lords or House of Lords how exorbitant in all probability are they likely to grow in a short time having Command in the Armie and other Courts if they should be established in their new Lordly Power and the old House of Lords put by who should correct restrain these their unparalelld Excesses for the whole Nations ease and benefit 4. If these new Peers be in truth Law Herauldry no true or real Lords Barons Peers of the Realm by their Writs of Summons for the premised reasons but meerly imaginary Titular and false ones like those created by the usurper King Stephen then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them according to the tenour of the Writs of Summons nor establish any settlement that can be reputed legal or obligatory to Posteritie in a Parliamentary Way if the ancient reall Peers and legal House of Lords be set aside and disowned And therefore they must of necessity own close with them alone and remit them to their old hereditary right else they can never make nor expect any real lasting settlement of our distracted State and Government and all they vote will quickly prove abortive illegitimate as the late New-models Instruments and Advices have done 5ly The setting aside the ancient Lords and House of Peers and establishing their very Disseisors in their places as the only future Lords and House of Peers will both justifie all their recited Exorbitances Excesses Violences Tyrannical proceedings against the old Lords their Fellow Commons others transcending Straffords Caterburies and the worst old Counsel-Table Lords excesses by many degrees ratifie yea reward crown them with the highest publick Honour Trust Power they are capable of even in Parliaments themselves Which will not onlie probably excite encourage others in succeeding times to the like dangerous extravagancies excesses to the publick prejudice and desolation but animate them when setled in their new Lordly Authority to pursue their former practises and turn greater Tyrants Oppressors in all kinds then formerly they have been to the utter enslaving of our Nations and embroyling them in new Tumults Yea how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times is worthy sad and serious consideration For if the Commons House shall not onlie silently connive at but openly approve and assent to the dissolving suppressing of the old Lords and their House by pretext of former illegall unrighteous Votes meer nullities by all Lawes made by a Fragment of a dissolved House of Commons sitting under a force not having the least Jurisdiction or power of Judicature over them against all rules of Justice the very fundamental Lawes of the Land the undoubted Rights and Priviledges of Parliament Prescription time out of mind all old late Acts Records of Parl. their very Solemn League Covenant Protestation and hundreds of late Declarations and Remonstrances to the contrary They may justly
to the Archbishops of Canterbury York or any other Bishop in the Clause Rolls be they writs either of Summons to a Parliament Council or Convocation or of Adjournment or Prorogation are usually entred at large which I have abbreviated with an c. where the form and clauses are the same with those I transcribe at large And the writs which follow the first issued to the rest of the Bishops are but briefly entred for the most part with an Eodem modo mandatum est subscriptis or Consimiles Literae or Consimilia Brâ—via diriguntur subscriptis viz. c. unless it be where there are different Clauses in some of the writs varying from those to the first Bishops which Clauses recited at large I have here printed when they occurre in the Rolls 13. That the writs of Summons to Parliaments directed to the Archbishops and Bishops are of various forms differing very often one from the other not only in their recitals of the particular causes of summoning them but in sundry special and unusual clauses as I have touched in the recital of them and shall more largely insist on in my General Obsâ—rvations in the close of this Part of my Register That the writs of Summons to Councils and Convocations issued to the Archbishops and Bishops are usually different one from another not only in form and specialâ— Clauses but likewise from the writs of Summons to Parliaments unless where the word Concilium is used for a Parliament There being no Praemuniâ—ntes c. in any writs of Summons to Councils of State but only to Parliaments and that not alwayes but aâ— the Kings pleasure and no general Summons of all the Archbishops Bishops Abbots and Priors holding by Barony to all Councils of State but only of such and so many of them as the King and his Counsil thought meet when as they were usually all summoned to Parliaments 14. That the writs of Summons to Convocations of the Clergy were directed only to the two Archbishops or their Vicars Generals to summon all the Bishops Abbots Priors and Clergy of their respective Provinces to them not alwayes on a certain day or place as in writs for Parliaments and Great Councils but at such time or place as they deemed most convenient without any particular writs at all issued to any other Bishops Abbots Priors or Clergy men as in Summons to Parliaments and Great Councils where though they had all particular writs of Summons yet the King oft times issued special writs to the two Archbishops to summon all the Bishops Abbots Priors and Clergy within the several Diocesses of their Provinces to appear at the Parliaments Councils and Convocations to prevent all negligence defects or faylers in their Summonâ— and excuses for not appearing whereby the affairs of the King and kigdom might be prejudiced 15. That â—he number of Abbots and Priors summoned to our Parliaments was somtimes more somtimes less as I have briefly touched relating their number in the grosse for brevity sake where I find them particularly mentioned in the Rolls The names of those Abbots and Priorr who were ordinarily or extraordinarily summoned to Parliaments and Parliamentary Councils with the reasons of this incertainty in their numbers by subsequent exemptions because they held no Lands by Barony or Knights service from the King but only in Frankalmoigne or by act of special grace or through vacancy by death or otherwise those who please may read at large in Mr. Seldens Titles of Honor Book 2. ch 5. Sect. 22 23 25. p. 732. to 735. and more particularly in the ensuing Alphabetical Table of their names and Summons I shall here only present the Readers with 3. Kalendars of their names out of the Clause Rolls as I finde them there recorded The 1. List is that in the Clause Roll of 49 H. 3. m. 11 dorso in Cedula where the writ at large being directed to R. c. Episcopo Dunolm c. as it is here transcribed p. 5 6. immediately after the writ this Catalogue of the Bishops Abbots Priors and Deans names summoned to it follows in this form Eodem modo mandatum est Episcopo Karliol Abbati Sanctae Mariae Eborum Priori Dunolm Priori Sanctae Trinitatis Eborum Abbati de Seleby Abbati de Furness Abbati de Fontibus Abbati de Royvall Abbati de Melsa Archiepiscopo Eborum Priori de Parco Abbati de Rupâ— Abbati de Bella Lauda Priori de Bridlington Priori S. Oswaldi Abbati de Rufford Priori de Blida Priori de Thurgarton Priori Karliol Abbati de Wyteby Priori de Giseborne Decano Eborum Eodem modo mandatum est subscriptis Episcopo London Episcopo Wynton Episcopo Exon. Episcopo Wygorn Episcopo Lincoln Decano Exon. Decano de Well Episcopo Elien Episcopo Sarum Episcopo Coventr et Litchf Episcopo Cicâ—str Electâ— Bath et Wellen. Decano Sâ—rum Decano Lincoln In forma praedict a scribitur Abbatibus Prioribus subscriptis sub hac data Teste Rege apud Wodest XXIIII die Decembr Abbati Sancti Edmundi Abbati de Wautham Abbati de Sancto Albano Abbati de Glaston Abbati de Rading Abbati de Cirencestr Priori de Merton Abbati de Oseney Priori Sanctae Fresewid Oxon. Abbati de Missenden Abbati de Waverle Priori Elien Priori Norwicen Abbati Cestr. Abbati Salop. Abbati de Hulmo Abbati de Bardene Priori de Lenton Abbati de Bello Priori Ordinis de Sempliâ—gham Priori de Watton Electo de Evesham Abbati Westm. Priori Hospitalis Sancti Iohannis Ierusalem in Anglia Magistro Militis Templi in Anglia Abbati de Ramesey Abbati de Burgo Abbati de Thorn Abbati de Crouland Abbati Colecestr Priori de Dunstaple Abbati de Bello loco Abbati de Parco Lude Abbati de Stanlegh Abbati de Lilleshull Abbati de Buttlesden Priori de Betuveâ—r Priori de Lews Abbati de Clervaus Priori de Stodley Abbati S. Augustin Cantuar Abbati de Cercesey Priori Sanctae Trinitatis Cantuar. Abbati de Hida Winton Abbati de Middleton Abbati de Cerne Abbati de Abbotisbury Abbati de Tavistocks Priori de Huntingdon Abbati de Sulebey Abbati S. Augustini Bristol Abbati de Malmesbery Abbati de Milchene Abbati de Abingdon Abbati S. Petri Gloucestr Abbati de Persour Abbati de Winchecombe Priori de Coventr Abbati de O elveston Abbati de Teukesbury Priori de Swinesheued Priori de S. Neoto Abbati de Wardon Abbati Sancti Iacobi Northampt Abbati de Leicestr Abbati de Kirkested Priori de Eton. Priori de Cruceroys Abbati de Kirkestall Abbati de Tame Abbati de Bermundesy Priori de Barnewell Abbati de Meryvall Priori Sancti Swithin Winton Abbati de Lesenes Priori de Ledes Priori de Lauda Priori de Spalding Priori Sancti Barthol London Priori de Kenelworth Priori de Nuttell Abbati de Vâ—lle Dei. Abbati de Croxton Here you see 36 Priors inâ—ermixed promiscuously with 65 Abbots one of them only Abbot Elect but not installed the Bishops
nostrumque deliberatum consensum et consâ—â—iium hiis quae mediante Domino ibidem contigerit utiliter ordinari una cum aliis impendendi Ulteriusque faciendi in praemissis et eà concernentibus quod juris fueriâ— et rationis Promittentes Nos ratum firmum et gratum sub Ypotheca reâ—um quos et ligare posâ—umus habituri quicquid dicti PROCURATORES NOSTRI VEL EORUM ALTER in praemissiâ— et ea contingentibus duxerint vel duxerit faciend In cujus rei â—estimonium â—igillum nostrum commune praesentibus est appensum Dat. in Domo nostro Capitulari Bathon 26. That it appears by the Clauses and contents of sundry Praemised Writs as likewise by the Protestations of the Clergy and their Distinct Aydes and Subsidies from the Temporalty granted in Parliaments to our Kings by dâ—â—â—erent Acts of Parliamenâ— exâ—ant in our Printed Statute Books as well as Parliament and Statâ—te Rolls that the King and Temporal Lords and Commons in Parliament could not legally impose any Aydes Subsidies or Taxes whatsoever on the Archbishops Bishops Abbots Priors Deans Chapâ—ers Archdeacons and inferiour Clergy oâ— England without their own special Grants and Consents in their Coâ—vocations it being contrary to the Great Charters of Henry the 1. King John and Henry the 3. Chap. 1. yea to the Freedom Rights Liberties of the Church confirmed by them and to all other Acts confirming Magna Charta and to a particular Act Rot. Parl. anno 8 H. 4. â— 36. exempting them from making Contributions with the Laity Therefore they cannot do it now upon the self same grounds they having as full as large an interest in their Rights freedoms Libeâ—ties and those Grand Charâ—ers Statutes confirming them as any of the Laity have in theirs Yet when they obstinately refused to grant King Edward the first a necessary Ayde for the defence of the Realm in two successive Parliaments one after the other against their allegiance and duty only because Pope Boniface by his Constitution had prohibited under pain of excommunication Ne Talliae vel Exactiones à Clero per seculares Principes quocunque modo exigentur vel eis solvantur de rebus Ecclesiae the King thereupon did put them out of his protection to redeem which many of the Clergy by themselves and many of them by Mediators gave the King the fifth part of their goods notwithstanding the Popes Inhibition which is thus related by Matthew Westminster Anno 1296. p. 407 408. Die Sancti Hillarii celebravit Archiepiscopus Concilium suum cum Coepiscopis suis Suffraganeis Londini in Ecclesia Sancti Pauli Quibus tractantibus per dies octo super postulatione regia non invenerunt iter rectum nec modum exclusivae sententiae si aliqui vel quaeâ—ito colore vel aliquo titulo quippiam contulissent etiam si plurimi clerici aulici curialeâ—que accessiâ—â—ent qui postulatis consilium dederanâ— favorem Quae omnia Regi per Episcopos aliósve nuncios funt relata Qui statim mutatus in crudelem perversa regali aequalitate in tyrannidem licentiatis suis famulis obviantium cleâ—icorum religiosorumque virorum quasi modo hostili equitaturas â—ibi arripere meliores prohibitis insuper placitatoribuâ— in lege sua peritis coram Baronibus de Scaccario seu ante quemvis â—lium Justiciarium secularem pro personis Ecclesiasticis allegare Ecclesiasticos ministros censuit sua pace inâ—ignos Mandavit etiam singulis ordinatis sponte offerre sibi suorum proventuum quintam partem aâ—t invitè cedere omnibus bonis suis. Huic mandato primitus obtemperaverunt quidam â—onsorati in curia regali praelati in cura verò animarum Pilati manifesti ut inducerent pari modo animos caeterorum Quo facto seisita sunt protinus per manus Vicecomitum omnia bona clericorum mobilia immobilia super laicum feodum inventa aâ—quâ— fisco regio titulata cum superabundanti molestia suis ablatis libertatibus qâ—as praedecessores reges Christianitatis conservatores Ecclesiis contulerant authores bonorum Et quod nequius est ferendum appreciabantur ipsorum facultates emptoribus quantocius expoâ—endae nec securi audebant clerici equitare nisi in majori conventu propter militum in clâ—ricos violentiam à rege licentia data Sed omniâ— bona Archiepiscopi mobilia immobiâ—ia capta sunt in manu regis Ipse quidem sustinuit patientè◠Igâ—â—ur Clero siâ—ut supradictum est passo in corpore pasâ—us est Rex in animo Hinc dolor et metus omnium Praelatorum Hiâ—â—mque in perplexitate maxima constituti sunt ut si quicquam concederent sententiam excommunicationis incurrerent ipso facto et si non darent non effugerent immisericordes manus ipsorum praedonum His madefacti adversitatibus pro se ipsis anxii pro grege sibi commisso incoâ—solabiliter moestificati tanquam non habente alimoniam ingruente fame necessario seculum reperere quaesierunt protectionem regis facultatibus suis ratiociâ—io magno redemptis Yet notwithstanding all the Clergy procured special Absolutions from this Poâ—e from that Excommunication they conceived they had incurred by this their Ayd granted to the King against his Constitution though done only through force and such fear as might happen even to a constant man as I observe by certain Instruments of Absolution remembred by none of our Historians but registred in the Leiger Book of the Priory of Bath out of which I have transcribed them as not unworthy publike knowledge Venerabili in Christo Patri Dei gratia Archiepâ—sâ—opo Cantuar. vel ejus Vicario in Spiritualibus Frater Gentilis miseratione divinâ— Ecclesiae Sancti Martini in Montibus Presbyter Cardinalis salutem et synceram in Domino caritatem Ex parte Johâ—nnis de Godmer perpetui Vicarii Ecclesiae de Chedâ—ern Bathon Wellen. Diocaes Nobis oblata petâ—tio continebat Quod ipse olim per vim metum qui cadere posset in constantem invitus Ministris seâ— Collectoribuâ— illustris Regis Angliae contra novae Constitutionts tenorem Sanctissimi Patris Domini Bonefacii divina providentia Papae 〈◊〉 Tallias sive Collec tas per solvit per quod sententiam Excommunicationis incurrit in tales generaliter promulgataem et sic ligatius non tamen in contemptum Clavium in suis Ordinibus ministravit et alias se ingressit divinis Super quibus supplicari feâ—it humiliter siâ—i de absolutionis beneficio et dispensationis gratia per sedem Apostolicam salubriter provideri Nos igitur auctoritate Domini Papae cujus Penitentiariae curam gerimus circumspectioni vestrae committimus quatenus si ita est ipsum Vicarium à dictae excommunicationis Sententia â—uxtae formam Ecclesiae absolvatis Proviso attentè quod idem Vicarius super hoc mandatis Domini Papae et Romanae Ecclesiae semper parebit et faciet illam poenitentiam quam sibi duxerit injungendâ—m eoque ad tempus prout
oppugned complained or voted against in any antient Parliaments to my knowledge which being our Kings Parliaments yea the Grand Councils both of the King and kingdom as the writs of Summons and all Prologues and Acts of Parliament stile them they might thereupon lawfully summon to them what persons they deemed most fit and able to advise assist them and to promote dispatch their publike affairs for their own and the kingdomes benefit safety defence and common welfare though no actual Peers Lords or Barons of the Realm by Patent or Tenure as will more fully appear by the two next Sections 7. This Table doth undeniably convince the forecited Memorandum p. 34. entred in Cl. 6 E. 3. m. 36. Istis Abbatibus et Prioribus subscriptis non solebat scribi in aliis Parliamentis viz. Abbati de Teukesbury with 26 Abbots and Priors there named to be full of gross mistakes For I find the Abbot of St. Augustines Bristol summoned no less than 5. times before and 11. times after 6 E. 3. and the Abbot of Bardenay no less than 33. times sommoned before and 80. times after it being one of the Abbots constantly summoned till the 23 E. 4. and dissolution of Monasteries the Abbot of Barlinges 25. times before it the Abbot de Bello 30. times before and 70. after it being one of the 25 Abbots constantly summoned as a Baron the Abbot of Burton upon Trent 12 times the Prior of Bridlington 8. times the Prior of Chester 4. times the Abbot de Fontibus 26. the Abbot of Furneyes 23. times the Abbot of Gerveux Gervall or Iorvall 13. times the Prior of Gisâ—urn thrice the Abbot of Hayles 21 times the Abbot of Lâ—â—â—â—nes twice the Abbot of St. Ositha 12. timeâ— the Abbot of Perâ—hore 11. times the Abbot of Ryevall 14. times the Master and Prior of the Order of Sempingham 29. times the Abbot of Stratford 12. times all of them before 6 E. 3. the Abbot of Tavistock thrice before and twice after iâ— the Abbot of Thamâ— once the Abbot of Teukesbury 5. times and the Abbot of Wardon 4. times before it Only to the Abbots of Boghland Langedon and Wâ—alley therein mentioned I finde no writs of Summons in any Rolls unless Boghland be meant of Bocland as I conceive it is who was twice summoned and Langedon for Lavedon who was 5. times and Whalley for Wave ley who was 9. times summoned by writ before this Memorandum entred by some ignorant Clerk who had not well examined the former Clause rolâ—s and lists of Summons 8. That the Bishops Abbots and Priors summoned constantly and of right to our Parliaments and Great Councils by writ were thus summoned to them not as they were Bishops Abbots or Priors but in respect of their Baronies which they held of by from and under our Kings as is evident by the Recognition made in the Great Parliamentary Council at Clarindon Ann. 1164. by Petrus Blesensis his Treatise De Institutione Episcopâ— dedicated to King Henry the 2d by the Judgement given against Thomas Becket Archbishop of Canterbury in a Council at Northamâ—ton Anno 1165. 11 H. 2. recorded by William Fitz-Stephens by the Great Charter of King Iohn Anno 1215. 15 Iohanis by that of Matthew Paris Anno 1231. Septimo Calendas Februarii convenerunt ad Colloquium apud Westmonasterium Rex cum Praelatis et aliis Magnatibus ubi exegit idem Rex Scutagium de quolibet Scuto tres marcas ab omnibus qui Baronâ—as tenebant tam Laicis quam Praelatis â—ui Richardus Canâ—uariensis Archiepiâ—copus et quidam Episcopi cum eo audâ—cter resistentes dixerunt Quod non tenentur viri Ecclesiastici judicio subjici Laicorum cum absque 〈◊〉 concessum â—uit Scutagium in finibus â—ransmâ—â—inis Tandem â—etâ— post mustas inde disceptationes negotium quanâ—â—m ad Praelatos reclamantes pertinebat usque 15. dies post Pascha dilationem acâ—â—pit And by this notible passage of the Continuer of Matthew Paris Anno 1267. 51 H. 3. Rex citati fâ—cit Comites et Barones Archiepiscopos Episcopos et Abbates omnesque communiter militare servitium sibi debenter ut apud Sanctum Edmundum equis et aâ—mis sufficienter instructi convenirent ad impeâ—endum â—os qui contra pacem Regiam occupaverunt Insâ—lâ—m Eljensem c. Abadunaâ—is qui ad Parliamentum citati suerant praeter rebelles primo principaliter Rex et Legarus subscriptos Articulos exigebant Ut omnes Praelati rectores Ecclesiarum decimas sibi concederent de tribus annis sequentibus de anno prâ—ximo praeâ—eâ—ito quantum dabunt Baronibus ad custodiendum mare contra alienigenaâ— Responsio Ad hoc responderunt quod bellum inceptum fuerat per iniquam cupiditatem durat in praesens necessarium esset hujusmodi petitiones pessimas praeterire de pace regni tractare et Parliamentum suum ad utilitatem Ecclesiae et regni convertere non ad denatiorum extorsionem praecipue quum terra in tantum destructa sit per bellum quod nunquam vel saltem sero poterit respirate Secunduâ— Item petitum est ut Ecclesiae taxarentur per manus Laicorum justa et alta taxatione ad valorem omnium bonorum spectantium ad easdem Responsio Ad hoc respondebatur quod non est ratio sed omnino contra justiciam ut Laici de decimis colligendis se intromittant nec in hoc unquam consentirent communiter sed tantum ut taxaâ—io antiqua staret Tertius Item ut Episcopi Abbates c. decimam suam darent DE BARONIIS SUIS plenarie et de Laico feudo recta alta taxatione Responsio Ad hoc respondebatur quod depraedationibus sunt depauperati et sequuti sunt Regem in expeditione tanta pecuniarum effusione quod omnino pauperes sunt effecti eâ— etiam â—errae eorum incultae â—acâ—bant propter bellum Quartus Item petirum est ut Clerus communiter daret domino Regi ad relevandum staâ—um suum triginta millia marcarum propter ante dictas decimas quas quidem Legat us vendicabat ad opus Romanae curiae propter debita Siciliae Apuliae et Calabriae contracta in nomine domini Edmundi filii Regis modo praesentis Responsio Ad hoc respondebatur quod â—ihil darent quia omnes hujusmodi taxationes extorsiones per Regem factae prius nunquam in Regis utilitatem vel regni sunt conversae Quiutus Item petitum est ut omnes Clerici TENENTES BARONIAS vel Laicum feudum personaliter armati procederent contra regios adversarios vel tantum servirium in expeditione Regis invenirent quantum pertineret ad tantam terram vel tenementum Responsio Ad hoc respondebatur quod non debent pugnare cum gladio materiali sed spitiâ—uali scilicet cum lachrymis orationibus humilibus devotis Et quod propter beneficia sua
Kings Counsil summoned to Parliaments and Great Councils by the precedent writs were sometimes very many in number somtimes very few and alwaies more or less at the Kings meer pleasure In the first writ and list of summons extant they were no less than 40 in some others above 30 in most under 20 usually in later times but 10 11 12 13 or 14 sometimes but 4 5 6 or 7 once or twice but one Sometimes most of them were Deans Archdeacons and other Clerks or Clergymen who had alwaies the Title MAGISTRO praefixed to their names both in the writs and lists of their names other times the major number were Justices Laymen and but two or three Clerks In later times the Clergymen were wholly omitted or very rarely inserted and that when they were Treasurers or Temporal Officers to the King An unanswerable apparent Argument and demonstraon that they were no essential Members of our Parliaments or Great Councills since the King might thus summon more or fewer of them or which of them he thought fittest and omit all or any or as many of them as he would at his pleasure out of the summons 4ly That in all lists of Summons of this kinde the Kings Chief Justices and other Justices of his Courts at Westm and Chief Baron were constantly summoned in more or less numbers and the Kings Serjeants very frequently yea the writs of Summons entred in the Rolls were for the most part issued to the Kings Chief Justice because there was most use of the Justices and learned Lawyers advice and counsel in Parliaments in all matters of Law there debated inâ—writs of Error there pending in the penning of New and altering explaining or repealing of former Statutes in Pleas of the Crown and other cases criminal or civil heard and determined in Parliaments than there was of inferiour Clergymen of the Counsil the Archbishops Bishops Abbots Priors and Spiritual Lords there present as Members being sufficiently able to advise the King and Temporal Lords in all Ecclesiastical matters there debated or treated of especially when assisted with the Clerks of the Convocation usually summoned without any Clergymen of the Kings Counsil 5ly That by the King and his Counsil Vs and Our Counsil Vs and the rest of our Counsil aliis ac caeteris de Consilio nostro in the precedent and other writs in the Clause Rols the Rolls of Parliament the afetrcited Statutes and other Acts of Parliament the Kings Justices and others summoned to Parliaments and Great Councils as his Counsil not as Spiritual or Temporal Lords are properly meant and intended not the Lords of the Kings Privy or continual Council nor yet the Lords in Parliament or Parliament it self the Parliament in the writs of Summons to the Bishops in the Clause of Praemunientes Decanum Capitulum Archidiaconos totumque Clerum vestrae Dioc c. and in the writs to the Sheriffs Wardens of the Cinqueports being usually stiled Commune Consilium Regni nostri as the Clause Ad consentiendum hiis quae tunc ihidem de Communi Consilio regni nostri contigerit ordinari inserted into the last part of these Writs informes us And so is it stiled in the writ prescribed by the Statute De non ponendis in Assisâ—s Anno 21 E. 1. in other Writs grounded upon Acts of Parliament in the Register of Writs and Natura Brevium Or the Kings Common or General Council as in the Stat of Vouchers 18 E. 1. in the Statutes of Wast de Defensione Iuris An 20 E 1. and other printed Acts and long before this in Pat. 1 Joh Râ— m. 3 n. 3. Pat. 1 H 3. m. 3. Pat. 3 H 3. ps 2. m. 6. and sundry other writs and Patents in his reign 6ly That although Sir Edward Cooke and others make this the chief or sole distinguishing Claâ—se or proprium quarto modo between the writs of Summons to the Lords and Members of the Lords House and Assistants that the one are always summoned quod in propria persona intersitis Nobiscum ac cum dictis or caeteris Praelatis Magnatibus et Proceribus dicti regni nostri super dictis negotiis tractaturi vestrumque consilium impensuri The others only summoned quod personaliter intersitis Nobiscnm et cum caeteris de Consilio nostro super dictis negotiis tractaturi vestrumque consilium impensuri Yet this is not a general truth For 1. in sundry forecited writs to the Kings Counsil Justices and Assistants this clause Et cum caeteris de Consilio nostro c. is totally omitted though it be in most of them and intersitis Nobiscum only or intersitis Nobiscum et cum dictis Praelatis Magnatibus et Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri without any cum caeteris de Consilio nostro inserted in lieu thereof yet with this distinction not formerly observed by any to my knowledge that in the writs to the Spiritual and Temporal Lords the words alwayes run thus in the first Clause of the writs Vobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus dicti Regni nostri to a Spiritual Lord and Vobiscum cum Praelatis ac CAETERIS Magnatibus et Proceribus c to a Temporal Lord and thus in the mandatory part dictis die et lâ—co personaliter intersitis Nobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus if to a Prelate and if to a Temporal Lord Nobiscum ac cum Praelatis et CAETERIS Magnatibus et Proceribus Praedictis super dictis negotiis tractaturi c. the word Caeteris is alwaies omitted in the writs to the Justices and other Assistants of the Counsil in both these clauses because they are no Spiritual nor Temporal Lords of Parliament nor summoned as such and cum Praelatis Magnatibus Proceribus without caeteris being only used in their writs both where cum caeteris de Consilio nostro is inserted into their writs after the word Proceribus or elsewhere and where it is totally omitted So that the omission of the word caeteris in this place and manner in all writs to the Justices and other Assistants and the inserting it as aforesaid into the writs of the Spiritual and Temporal Lords is the principal distinguishing word that puts a difference between them not this Clause alone Nobiscum cum aliis de Consilio nostro twice inserted into the writs of Prorogation and Resummons both to the Temporal and Spiritual Lords as well as to the Justices and Assistants Claus 33 E. 1. d. 9 10. which I shall recite at large in its due Section 7ly That in the writs of Summons to the Kings Counsil they are never licensed to appear by Proxies or Attorneys as the Spiritual and Temporal Lords sometimes are but in proper person alone 8ly That such of them who were Deans Archdeacons or Clergymen have alwaies the Title MAGITRO prefixed to their names both in
moved the King to shew mercy to them were put to several fines The 2. is in the Placita coâ—amâ—ipso Rege Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. the Archbishop of Yorkes case Johannes Archiepiscopus Eborum attachiâ—tus fuit ad respondendum Damino Regi de plaâ—iâ—o quare cum placita de Imprisonamento et aliis Transgressionibus in regno Regiâ— contra pacem Regis factis ad Regem coronam et dignitatem suam specialiter pertineant Idem Archiepiscopus per Johannem Priorem de Bolton in Cravene Commissarium suum in venerabilem Patrem Antonium Episcopum Dunolm dum nuper in partibus Borialibns in obsequio Regis juxta laâ—us suum per praeceptum ipsius Regis sub protectione extitit pro eo quod Ballivi esusdem Episcopi Willielmum de Wrleton 〈◊〉 Johannem Roman apud Dâ—nolm inventos ceporunt et imprisonaverâ—nt Excommunicationis sententiâ—m in Regis contemptum et Coronae dignitatis suae laesionem contra reverentiam Regis in hac parte debitam in dispectum ipsius Regis viginti Mille librarum fecit fulminari et illam Excommunicationem demandari Propter quod idem Rex taâ—um contemptum tantum irreverenti 〈◊〉 sibi illatamâ—ransire impunitam sustinere non valens maxime cum tam ipse Rex quam praellictus Episcopus quanium in ipso suit praefato Willielmo Johanni de imprisonamento praedicto celeris justitiae complementum juxta regni consueâ—udinem semper fuerunt parati exhibere c. After the Archbishops Plea thereto and a long debate of the business in Parliament Videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Iusticiariis similiter toti Consilio ipsius Domini Regis quod praedictus Archiepiscopus quantum in ipso fuit nitebaâ—ur occupare usurpare super Coronam Regiam et Dignitatem in casuâ—isto deliberationes imprisonatorum contra legem et consuetudinem regni et Contra â—â—dem in qua idem Archiepiscopus Domino Regiet Coronae suae astringitur ad exhaeredationem Doâ—â—ni Regis et haeredum suorum manifestam Propter quod per Comites Barones et Iusticiarios et dinnes alios de Constlio ipsius Domini Regis concordatum est quod praedictus Archiepiscopus committatur prisonae pro offensa transgressione praedictis Et super hoc ante Iudicium pronunnciatum licet unanimiter de consilio praedictorum Magnatum et aliorum concordatum fuisset tenendum in hoc casu et similiter in casibus consimilibus imperpetuum praedictus Archiepiscopus Maguates et alios de Consilio ipstus Domini Regis rogavit quod pro eo Dominum Regem requirerent ut Ante Pronuntiationem Judicit ipsum ad gratiam suam admitteret Et Dominus Rex ad instantiam eorundem Magnatum de gratia sua speciali hoc idem ipso Archiepiscopo concessit Et idem Archiepiscopus humiliter supplicavit quod possit de omnibus praemissis alto basso Voluntati Domini Regis se submittere Which the King assenting to at the Lords request Dictum est eidem Archiepiscopo sub gravi forisfactura quod non recedat à Parliamento isto â—onec super praemissis Domini Regis audivit voluntatem Postea venit praedictus Archiepiscopus et fecit finem Domino Regi pro Transgressione praedicta pro quatuor millibus marcarum per scriptum suum obligatorium 5 others being bound with him for due payment thereof to the King It is observable that in all these Pleas Proceedings Judgments there is no mention at all of the Knights Citizens Burgesses or Commons in Parliament no sharâ—rs in them but only of the King Archbishops Bishops Earles Barons Justices and Kings Counsell 4ly The power of the Kings Counsell and Judges in Parliament is evident by sundry Prefaces to and passages in our printed Acts of Parliament as namely by the preface of the printed Statute of Bigamie 4. Octoâ— An. 4. Ed. 1. In the presence of certain Reverend Fathers Bishops of England and OTHERS OF THE KINGS COVNSELL the Constitutions underwritten were recited after heard and published before the King and HIS COVNSELL forasmuch as ALL THE KINGS COVNSELL AS WELL IVSTICES AS OTHERS DID AGREE that they should be put in writing for a perpetual memory and that they should be stedfastly observed c. By the exposition of the Statute of Gloucester An. 6. E. 1. made by the King and HIS IVSTICES By the Statute of Morâ—main An. 7. E. 1. which recites Wee by the advice of our Prelates Lords Barons and other our Subjects BEING OF OVR COVNSELL have provided made and ordained c. By the Statute of Acton Bnrnell 13. E. 2. Forasmuch as Merchants c. The King for himself and BY HIS COVNSELL hath ordained and established c. The Prologue to the Statute of Wesâ—m 2. An. 13. E 1. Whereas of late our Lord the King the 6. year of his reigne calling together the Earles Prelates Barons and HIS COVNCELL at Glocester c. so as there were writs of summons then issued to them all though not entred in the Clause Rolls of 6. Ed. 1. nor any other now extant By the Statute of Merchants An. 13. E. 1. The King and HIS COVNSELL at his Parliament holden at Acton Burnell the 11. year of his reigne â—ath Ordained establishments thereupon for the remedy of such Merchants which Ordinances and establishments the King commandeth that they shall be firmly kept throughout the Realme By the Statute of Wast Anno 20. E. 1. Other Instices with the more part OF THE KINGS COVNSELL were of the contrary opinion c. Wherefore our Lord the King in his full Parliament in the 20th year of his reigne by A GENERALL COVNSELL hath ordained c. Articuli super Chartas An. 28. E. 1. c. 2. Neverthelesse the King and HIS COVNSELL do not intend by reason of this estatute to diminish the Kings Right for the ancient Prises due and accustomed And ch 20. Notwithstanding all these things c. both the King and HIS COUNSELL and all they that were present at the making of this Ordinance will and intend that the right and prerogative of his Crown shall be saved to him in all things The Statute for Escheators Anno 29. E. 1. At the Parliament of our sovereign Lord the King By his Counsell it was agreed and also commanded by the King himself c. according to advice of c. Treasurer to the King Chancellor and other of the Counsell there present before the King c. By the New Statute of Quo Warranto 30 E. 1. Cum nuper in Parliamento nostro aâ—uâ— Westm. per Nos et Consilium nostrum provisum sic et Proclamatum quod Praelati Comites Barones alii c. By the Ordinance for Inquests 33. E. 1. It is agreed and ordained by the King aud all his Counsell c. By Ordinatio pro statu Hyberniae An.
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
the truth alone I have upon all just occasions both detected and corrected his formerly undiscerned Errors and this here insisted on I hope without just offence to any of his surviving Friends or Progeny if they consider the duty and protestation of every ingenuous Christian and Chronographer thus briefly expressed by St. Paul 2 Cor. 13. 8. We can do nothing against the truth but for the truth Secondly It is observable that the word Parliamentum is but once used or mentioned in any Writ of Sommons Act Statute Charter Patent or other Record that I have yet seen either before or during the Reigns of King Iohn or Henry the 3d. but only the word Concilium Commune Concilium Colloquium Tractatum placitum magnum c. which frequently occur and are alwayes used in them to expresse that Assembly of the States by which in after times and now is usually called Parliamentum The very first mention and use of this word in any Writ or Record I have perused is in the Writ of Sommons to the Cinqueports Cl. 49. H. 3. d. 11. soÌ„moning theÌ„ ad instans Parliamentum nostrum The next is in the Writ of Prorogation of the Parliament Cl. 3. E. 1. 20. in dor where it is twice thus meÌ„tioned in the Writ Generale Parliamentum nostrum eodem Parliamento and once in the Margin Do veniendo ad Parliamentum And this Writ assures us that it was used in the Original Writs of Sommons to this Parliament though not extant compared with the printed Prologue to the Acts therin established The Writs of Sommons from 3. to 23. E. 1. being not extant in the Rolls the next use of this word I find is in the Writâ— of Sommons Prorogation in Clauâ— 23. E. 1. dorse 9. Cl. 28. E. 1. d. 3. 17. Cl. 30. E. 1d 7. 9. Cl. 32. E. 1. d. 1. Cl. 33. E. 1. d. 9. 10. 21. Claus. 34. E. 1. d. 2. and Claus. 35. E. 1. d. 13. In all which Writs under King Edward the first not onely Colloquium Tractatum but also the word Parliamentum is mentioned and also thus expressed in the Margin of the Rolls De Parliamento tenendo Deveniendo ad Parliamentum De Parliamento Prorogando And so is it likewise in the Writs de expensis Militum qui venerunt ad Parliamentum Regis clau 28. E. 1. dors 12. cl 29. E. 1. d. 17. cl 33. E. 1. d. 15. cl 34. E. E. 1. d. 11. and cl 35. E. 1. d. 14. In the Writs and Rolls of Sommons and De expensis Militum Burgensium under Edward the 2d it is commonly used and mentioned as the premises evidence Yet I find Parliamentum totally omitted again in sundry other Writs of Sommons and Prorogations and the words Colloquium Tractatum Commune Consilium only made use of in them as in cl 23. E. 1. d. 2. 4. cl 24. E. 1. d. 7. cl 25. E. 1. d. 25. cl 27. E. 1. d. 9. 16. 28. cl 28. E. 1. d. 3. cl 1. E. 2. d. 11. 19. cl 2. E. 2. d. 11. 13. 14. 20. cl 9. E. 2. d. 17. and in some other succeeding Rolls yet in the Margin over against these Writs I find in divers of these Rolls De Parliamento tenendo De veniendo ad Parliamentum Summonitio Prorogatio Parliamenti written though the words Parliamentum be not extant in the Writs themselves The first use of the word Parliamentum in any Act or Statute in my Observation is in the Prologuâ— to the Statutes of Westminster 1. An. 3. E. 1. which it stiles Son Primer Parliament general apres Son coronement The next usage of it is in 7. E. 1. Rastal Armour 1. Wherein it is twice mentioned After which I find it used in the Prologue of Westminster 2. 13. E. 1. and c. 24. In the Statute of Merchants 13. E. 1. The Statutes De Quo warranto De terris vendendis emendis 18. E. 1. The Statute of Waste for Heirs end of Defending Rights 20. E. 1. The Statutes De non ponendis in Assisis and De Malefactoribus iâ— parcis 21. E. 1. The Statute of Persons appealed 28. E. 1. And the Prologue to Articuli super cartas the same year The Statutes De Escheatoribus 29. E. 1. The New Statutes of Quo warranto 30. E. 1. Ordinatio Forestae 33. E. 1. De asportatis Religiosorum c. 1. In most succeeding Prologues to all Statutes and divers Acts ever since King Edward the 1. it is commonly and frequently used as also in our Historians in that age In the Prologue to Articuli Cleri An. 9. E. 2. there is this observable Recital Sciatis quod cum Dubum temporibus Progenitorum nostrorum Regum Angliae in diver sis Parliamentis suis similiter postquam Regni gubernacula suscipimus In Parliamentis nostris c. Ac nuper in Parliamento nostro apud Lincoln c. Attributing this title of Parliamentum not only to the Parliamentâ— held under Edward the 2d and first but to General Councils of State and Conferences held by our Kings Lords great Men in the Reigns of their Progenitors who were totally unacquainted with this Word and never used it for ought I can yet discover It is agreed by all who have written of the Antiquity or use of our English Parliaments that the word Parliamentum is no proper Latin word for that we call a Parliament but Colloquium Tractatus commune Concilium Regni nostri still reteined in the Writs of Sommonâ— as well since the use of the word Parliamentum grew common as before in was inserted into such Writs That it is originally a meer French Word first introduced amongst us by the Norman Monkes or being taken from the French who stiled the publick conventions of their Kings and Princes a Parliament in their own Language and coyned this new Latin word Parliamentâ—m out of it But when and by whom it was first introduced and used in England is a great dispute amongst truly judicious Antiquaries Many there are who conceive it to be used in the Sâ—xons time and long before the reign of King Henry the 3d because many Latin and English Historians and Chronologers who have written since the Reign of King Henry the 3d. do sometimes give the title of Parliamentum Parliament to our great Councils and Assemblies of the King and of the spiritual and temporal Lords in those ancient times in their relations of them But this questionless is a gross mistake since not one of all their great Councils in any of their Titles Prologues Laws Cannons Edicts Acts recorded by Brompton Lambard Sir Henry Spelman Wheâ—lock Fox and others nor any of our Historians living and writing in those times before the later end of King Henry the 3d. as Gildas Beda Aâ—helwerdus Asser Menevensis Ingulphus Willielmus Malmes buriensis Eadmerus Florentius Wigorniensis Simeon Dunâ—lmensis Aelredus Abbas Henry de Huntindon Sylvester Gyraldhes Gulielmus
That this Oath was made by unanimous consent of the Queen Lords and Commons in Parliament 2. That it was five years a probationer and approved ratified by two successive Parliaments before it was imposed upon any Members and not actually administred to any till the Parliament of 8. Elizabeth 3. That it was imposed onely upon the Members of the Commons House not upon any temporal Lords or Barons of the Realm 4. That the principal end of prescribing it was to abolish the Popes usurped supremacy and prevent his and his instruments Traiterous attempts against the Queens person Crown Kingdome discover persons popishly affected and seclude them from sitting or voting in the Commons House if elected returned unless they should first take this Oath Not to debar or exclude any real Protestants when duly elected from entring into the Parliament house to discharge their trusts and duties 5. That it appoints no Officers or armed Guards forcibly to seclude any Knight Citizen Burgess or Baron of the Ports till hee hath openly taken and pronounced this Oath but onely layes 2 particular inhibition upon every such Member himself not to enter the House without taking it under the disabilities and penalties therein mentioned leaving every Member a liberty to seclude himself in case hee were unsatisfied or could not in conscience or prudence take this Oath but authorizing none else to keep him perforce out of the House if hee had a mind to rush into it without taking it After this the Parâ—iament of 3. Iacobi c. 4. upon the detection and prevention of the inâ—ernal Gunpowder Treason of the Pope Iesuites and Papists to blow up the King Queen Prince Lords Commons and Parliament when all assembled together in the Lords House November 5 Anno 1605. by unanimous consent of the three Estates made and prescribed a New Oath of Allegianoe to all persons except Péers of the Realm who actually were or should be suspected to be Papists for their better discovery and conviction without imposing it upon any Members of either House Which Oath many Papists oppugning with false and unsound Arguments though tending onely to the declaration of such duty as every true well-affected subject not onely by his bond of Allegiance but also by the commandement of Almighty God ought to bear to the Kings Majesty his Heirs and Successors Thereupon the Lords and Commons in the Parliament of 7. Iacobs when this Oath had been approved four years space not onely enacted ch 2. that every person who should henceforth be naturalized or restored in blood should first take this oath but to shew their great approbation thereof humbly prostrating themselves at his Majesties feet did earnestly beseech him that the same Oath might be administred to all his Subjects what soever And thereupon it was enacted ch 6. That all and every Knights Citizens Burgeâ—â—es and Barons of the Five-Ports of the Commons House of Parliament â—before hee or they shall be permitted to eâ—ter the said House shall make take and renew the said corporal Oath upon the Evangelists before the Lord Steward for the time being or his Deputy or Deputies without imposing any disability or penalty or appointing any Officers forcibly to seclude those from entring who refused it Since these recited Acts all Members of the Commons House have constantly taken these two Oaths voluntarily without coercion or forcible seclusion before they entred or sate as Members in the House The last Parliament of 16. Caroli in their first Act for preventing the inconveniences happening by the long intermission of Parliaments enacted That all and every the Members that shall be elected to serve in any Parliament hereafter to be assembled by virtue of this Act shall assemble and enter into the Commons House of Parliament and shall enter into the same and shall have voices in Parliament before and without the taking of the several Oaths of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding Provided alwaies that if the Kings Majesty his Heirs or Successors shall at any time during any Parliament hereafter to be assembled by vertue of this Act award or direct any Commission to any person or persons whatsoever to take or receive the said Oaths of all or any Members of the Commons House of Parliament and any Members of the House being duly required thereunto shall refuse or neglect to take and pronounce the same that from thenceforth such person so refusing or neglecting shall bee deemed no Member of that House nor shall have any voice therein and shall suffer such pains and penalties as if hee had presumed to sit in the same House without Election return or authority These Statutes being all in their full force never legally repealed authorizing no Officers nor Souldiers whatsoever forcibly to seclude or punish any Member of the Commons House for not taking both or either of these two Legal Oaths of Supremacy and Allegiance ratified by so many indubitable Parliaments one after another and backed by the solemn League Covenant and Protestation it is neither in the power of the King himself or his Counsil nor of the House of Lords or any other persons whatsoever much less of the Commons House alone or any prevailing party in it who never in any age had the least Legal right or authority to administer an Oath in any case to any witness or person whatsoever much less to impose any New Oaths upon their fellow-Members sitting with them or secluded by them and on all succeeding Members of that House in future Parliaments to enforce any New Oath or Engagement whatsoever inconsistent with or repugnant to these two Legal Parliamentary Oaths or to suspend exclude or eject any Knight Citizen Burgess or Baron of the Ports duly elected and returned from sitting or voting with them in the Commons House for refusing such new Ingagement or Oath it being directly contrary not only to the Freedome Priviledge of our English Parliaments Laws Liberties but to the very letter of the Petition of Right ratified by K. Charles himself which complained of and provides against the administring of any Oath not warranted by the Laws and Statutes of this Realm and enacts That no Man hereafter shall be called to take such Oath as being repugnant to their Rights Liberties the Laws and Statutes of the Land much less then no Members of Parliament enforced by their fellow-Members to take such an Oath or else be suspended secluded the House of Commons that former proceedings of this kind in the case of Loanes wherein such an oath was prescribed exacted should not be drawn hereafter into consequence or example Yea contrary to the House of Commons Remonstrants of the State of the Kingdome 15. Decemb. 1641. who therein charge the Kings evil Counsellors That New Oaths have been enforced upon the Subjects against Law and new Iudicatures erected without Law which some who thus remonstrated have
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
them at any one Session or Parliament and the attendance will prove so tedious to all or most that it will become a greater grievance to them than any they complain of and if they gain any relief it will be in effect a Remedy as bad or worse as the diseasâ— it cures Yea an express violation of Magna Charta ch 29. Nulli negabimus nulli differemus justitiam aut rectum Finally This patching of New Scotish and Irish Members into our old English Parliament will be so farre from uniting and contenting the three Nations and Parliaments in one that it will discontent and disunite them more than before and make the rent the greater upon every occasion as Christ himself resolves with whose words I shall close up this observation No man seweth or putteth a peece of new Cloth upon an old Garment else the new peece that filleth it up taketh away from the old and agreeth not with the old and the rent is made worse 5. That as the Writs of the Common Law are the foundations whereon the whole Law and subsequent proceedings do depend as Glanvil Bracton Britton Fleta heretofore Fitzherbert Thelwell Sir Edward Cook and others of later times resolve upon which account if the Writs be vicious erronious invalid illegal or null in Law they abate vitiate and annihilate the whole Process Declarations and Struotures grounded on them as all our Law-Books assert So the Writs of Summons to Parliaments and Great Councils are the very foundations and corner-stones whereon our Parliaments Great Councils and all their Votes Judgements Proceedings Acts Ordinances do depend Therefore if they be defective erronious invalid illegal insufficient or null in themselves the Parliaments and Great Councils convened by founded on them with all their Iudgements Proceedings Acts Ordinances must of necessity be so likewise as the Statutes of 1. Hen. 4. c. 3. 21. R. 2. c. 1. 39. 8. H. 6. c. 1. H. 8. c. 1. 17. E. 4. 5. 7. 1. H. 4. rot Parl. n. 1. 66. 1. E. 4. rot Parl. n. 8 to 17. 1. H. 7. c. 9. 27. H. 8. c. 24. in England largely evidence and the Statute of 10. H. 7. c. 27. in Ireland determines repealing a Parliament holden at Drogheda before Sir Robert Preston decreed and deemed void to all Intents by the Kings Council in Ireland 1. Because the Duke of Bedford Lieutenant of Ireland by whose Deputy it was summoned and held surrendred his Patent of Lieutenancy before the said Parliament summoned 2. Because there was no general summons of the said Parliament to all the Shires but onely to four Shires 3. Because the said Deputy had no mâ—nner of Power by his Commission to summon or kéep a Parliament For the which causes it was ordained and enacted that the Parliament to holden be deemed void and of none effect by the whole Parliament of Ireland Anno 10. H. 7. And the Parliament of 18. E. 4. ch 2. in Ireland touching the Election of Knights and Bâ—rgesses further manifests it 6. That the summoning as likewise proâ—â—guing adjourning dissolving of all Parliaments and Great Councils in England and Ireland is a peculiar inseparable royal Prerogative belonging onely to the Kings of England and incommunicable to any other person or persons yea to Parliaments themselves which cannot appoint a succeeding Parliament to be called but by the Kings consent and that though appointed to be held at a prefixed day and place to be summoned only by the Kings Writ That all Writs of Summons and Prorogation alwaies issued and of right ought to be issâ—ed onely in the Kings name stile authority whether absent out of or present within the Realm whether within age or of ripe years and that by his special Commands alone or his and his Councils joynt precept as the stile name contents of all precedent and subsequent Writs the subscriptions under them Per ipsum Regem per ipsum Regem Consilium per ipsum Regem Custodem Consilium in the Kings absence per breve de privato sigiâ—â—o c. the stile tenor of all Writs De expensis Militum Burgen sium the Statutes of 5. R. 2. Parl. 2. c. 4. 7. H. 4. c. 14. 6. H. 6. c. 4. 23. H. 6. c. 11. 27. H. 8. c. 24. 31. H 8. c. 10. most Acts of late times for the subsidies of the Clergy and Temporalty Tonage Foundage the Prologues to our ancient and modern printed Statutes the Kings Chancellors and others speeches upon the convention of most Parliaments in Parliament Rolls together with the Act of 16. Caroli for preventing of inconveniences happening by the long intermission of Parliaments Cooks 4. Institutes ch 1. and all who have written of our English Parliaments abundantly evidence and resolve beyond contradiction Hence our late King Charles in his Declaration of the causes of assembling and dissâ—lving the two last Parliaments Iune 13. 2. Caroli affirms That the calling adjourning proroguing and dissolving of Parliaments do peculiarly belong unto himself by an undoubted Prerogative inseparably uniied to his impertal Crown and the Statute of 16. Caroli c. 1. made by the unanimous consent of both Houses declares That by the Laws and Statutes of this Realm the appointment of the time and place for the holding of Parliaments and the summoning of them by Writ in the Kings Name hath alwaies belonged as it ought to his Majesty and his royal Progenitors and none else 7. That the Kings of England have as true full real and legal an haereditary right Title Interest Propriety in and to the Parliament as they have in and to the Kingdome and Crown of England as these Clauses in all their Writs of Summons Prorogations of Parliaments issued to the spiritual and temporal Lords Kings Counsil Sheriffs and Warden of the Cinque-ports resolve Ordinavimus quoddam Parliamentum nostrum c. tenere In ultimo Parliamento nostro post ultimum Parliamentum nostrum sitis ad nos ad Parliamentum nostrum and the like compared with Statum Regni nostri Angliae Et cum Praelatis Proceribus Regni nostris sicut commodum Regni nostri Diligitis Iura Coronae nostrae c. in the same Writs The Writs de expensi Militum Burgensium The Titles and Prologues of most printed Acts of Parliament The Statutes of 8. H. 6. c. 7. 23. H. 6. c. 11. 23. H. 8. c. â—3 27. H. 8. c. 24. 31. H. 8. c. 10. 1. Iac. c. 1. and sundry Writs in the Register stiling the Parliament the Kings Parliament his Parliament our Parliament in relation to the King and his Patents for creating Dukes Marquesses Earls Peers and Barons of the Realm granting them and their Heirs males Sedem locum in Parliamentis nostris Haeredum successorum nostrorum inâ—ra Regnum nostrum Angliae Therefore the Parliaments of England can no more exist or subsist without the King than the Kingdome or Crown of England the
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by
The FIRST PART of a Brief Register Kalendar and Survey of the several Kinds Forms of all Parliamentary VVrits COMPRISING In 3. Sections all Writs Forms of Summons to Great Councils Parliaments Convocations in the Tower from the 5th of King Iohn 1203 till 23 Edw. 4. 1483 to all sorts of Spiritual and Temporal Lords Great-men Members of and the Kings Counsil Assistants to THE HOUSE OF LORDS With other Rare Writs and 4. Exact Alphabetical Chronological Tables 1. Of all Abbols Priors Masters of Orders Clergy-men except Bishops 2. Of all Dukes Earls Forreign Kings Marquesses Princes of Wales 3 Of all Lay Barons Lords Vicounts Great men 4. Of all the Kings Counsil Justices Clerks or other Officers with the several numbers of each of them and of Bishops summoned to every Council Parliament and the Years Rolls Dorses in every Kings reign wherein their names are recorded Illustrated with choice usefull Annotations Observations concerning these Writs differences alterations entries in the Clause Rolls the Stiles Titles Additions of Patriarcha Cardinalis Electus Confirmatus Magister c. given in them to Spiritual of Baro Miles Dominus c. to Temporal Lords with their Baronies Fealty Homage Oaths right of Session Iudicature The Clergies forms of Procurations Exemption from Taxes by the Laity Our Kings Prerogative to call prorogue dissolve Parliaments hold them by a Custos Regni or Commissioners by Patents here cited to create Peers Barons by Patent special not general Writs here registred to summon extraordinary Members Assistants Their propriety in Parliaments dissolved by their deaths The Power of their Counsil in and out of them The Constitution Jurisdiction Proceedings Privileges Ends Duties of English Parliaments Lords Commons Their inconsistence with armed guards seclusion of Members by force oathes menaces and with Scotish or Irish Intruders Their late differences from Councils Parliamentum when first used in Writs Acts Histories c. With other particulars Publishing more Rarities rectifying more Errors in vulgar Writers touching our Parliaments than any former Treatises of this Subject By WILLIAM PRYNNE Esq a Bencher of Lincolnes Inne Mercurius Trismegistus In unaquaque arte tanta ducimur caecitatis caligine ut maxima part eorum quae scimus sit minima pars eorum quae ignoramus LONDON Printed for the Author and sold by Edward Thomas in Little Britain and Henry Brome in Ivy Lane 1659. To the Ingenuous Readers especicially those of the Long Robe and more Noble or Generous English Extraction THere are 5. grand Defects of very publike concernment highly tending if not to the dishonor yet certainly to the great disservice prejudice of our Kingdom Parliaments great Officers of State Nobility Gentry Nation and more especially of the Professors and Profession of the municipall Laws which I have for many years last past not only much admired at and exceedingly deplored but also used my best endeavors to get supplied so farr as there was â—ny probability to effect it The 1. is the irreparable losse of all the Parliament â—olls during the Reigns of our antientâ—â—t Kings from William the 1. till 5 E. 2. â— the first Roll of that kind now extant and of many other of those Rolls since during the Reigns of Edw. 2. and 3. with the not publishing in Print those Parliamentary Rolls and Records yet extant by publike Order for the benefit of Posterity to prevent their suppression destruction Embezelling by fire warr casualties tâ—e negligence or present malice of some Iesuitical Furies or illitâ—rate Animals instigated thereunto by Hugh Peters his misintituled Pamphlet Good work for a good Magistrate printed 1651. p. 96. Where after his proposal of a short new Modell for the Law he subjoyns This being done Iâ— IS VERY ADVISABLE TO BURN ALL THE OLD RECORDS YEA EVEN THOSE IN THE TOWER THE MONVMENTS OF TYRANNY Which desperate bedlam advise of his I have elsewhere at large refuted as most pernicious to the publike and to all Corporations and Landed men The 2. is the great want of an Exact Collection out of the Clause Parliament and Statu'e Rolls of all Statutes Ordinances and Acts of Parliament made before the use of Printing them immediately after the Parliaments conclusion or during their Sessions came in fashion all our Statutes at large and the Abridgments of them even Ferdinando Pultons of Lincolns Inne Esq. the best most refined having sundry Spurious Impostures printed in them under the Titles of Acts Statutes and Ordinances of Parliament which in verâ—ty are neither of them but only particular Writs or Instuctions of the King to the Iustices and other Officers by advise of his Counâ—l out of Parliament Such are the Stâ—tutes De circumspecte agatis said to be made in 13. E. 1. resolved to be no Statute but made by the Prelates alone M. 19. E. 3. Fitz. Jur. 28. The Statutes of Protections Champerty and Conspirators in 33 E. 1. De conjunctim feoffatis in 34 E. 1. Ne rector prosternat arbores in caemiterio in 35 E. 1. The Statute for Knights 1 E. 2. of Gavelet 10 E. 2. with sundry others as the very form words penning of them demonstrate being transcribed only out of the Clause or Patents not Parliament or Statute Rolls Besides these there are some forged Acts and Statutes printed in these Statute Books not extant in the Statute Rolls that remain intire yea there are sundry misprisions in printed Statutes varying both in form substance from the Statute Rolls wherein they are recorded omitting some material words and clauses adding and altering others most of the publishers of our Statutes taking them upon meer trust as they found them transcribed by others but never examining them by the Statute Rolls Original Records as is most apparent by their mistakes of the very times and dates of some Statutes by their printing others of them without any date as made during the reign of King H. 3. Ed. the 1. or 2. BUTUNCERTAIN WHEN ORIN WHICH OF THEIR TIMES by the manifold variances between their Printed Books and the Statute Rolls of which I have given you a particular account in my Table to the eâ—Eâ—act Abridgement of the Records in the Tower the Compiler whereof was mistaken in this That the Statute of 2 R. 2. c. 5. touching tellers of News or Lyes of Noblemen or Counsellors is not in the Record nor any mention thereof it being recorded at large in French in the Statute Roll of the first Parliament that year wherein it is printed though not in the second as I can attest upon my own view of the Statute Roll it self Besides these Impostures and Variances there are many useful Acts in the Parliament and Clause Rolls totally omitted out of all our Printed Statute-Books some whereof I have heretofore published in my Irenarches Redivivus The 3. is the Grand deplorable Deficiency of such an Exact Chronological History of all the Great Councils Synods Parliaments of England with their several Canons Acts Ordinances Proceedings
Nolentes ipsum Abbatem indebirè sic vexari concessimus pro nobis et haeredibus nostris quod idem Abbas et successores sui de veniendo ad Parliamenta et Consilia nostra vel haeredum nostrorum de caetero quieti sint exonerati imperpetuum Ita semper quod dictus Abbas succeâ—â—ores sui in Procuratores ad hujusmodi Parliamenta Consilia per Clerum mittendos consentiant ut moris est expensis contribuant eorundem In cujus c. Teste Rege apud West monasterium XV. die Februar Per petitionem de Parliamento After which Patent and entry this Abbot being summoned again in the lists of 27. 29 E. 3. upon complaint thereof there was this Memorandum made in the Clause Roll of 29 E. 3. Cancellaâ—ur Abbas Leycestriae quia habâ—â— Cartam Regis quod Non Compellatur vâ—nirâ— ad Parliamâ—ntum The Abbot of Tavistock was summoned to 5 Parliaments and Parliamentary Councils under H. 3. Ed. 1. and Ed. 3. the last whereof was in 23 E. 3. but never after yet King Henry the 8. in the 5. year of his reign created Richard Banham Abbot of Tavistocke and his successors to be one of the Spiritual and Religious Lords of the Parliament of himself his heirs and successors yet withall pardoned their absence at any time from Parliament by reason of their great distance from it paying only the fine of 5. marks for every time they should be personally absent into the Kings Exchequer as this Patent manifests Henricus c. Sciatis quod certis considerationibuâ— nos specialitè◠moventibus oâ— specialem devotionem quam ad Beatam Virginem Mariam matrem Christi sanctumque Rumonum in quorum Honore Abbatia de Tavistocke quae de fundatione nobilium progenitorum nostroum quondam Regum Angliae nostro patronatu dedicata existir gerimus et habemus hinc est quod de gratia nostra speciali ac ex certa scientia mero motu nostris volumus candem Abbatiam sive Monasterium nostrum gaudere honore priuilegio ac liberratibus spiritualium Dominorum Parliamenti nostri Haeredum successorum nostrorum Ideo concessimus per praesentes concedimus pro nobis haeredibus successoribus nostris quantum in nobis est dilecto nobis in Christo Richardo Banhaâ— Abbati de Tavistocke praedicto successoribus suis ut eorum quilibet qui pro tempore ibidem fuerit Abbas sit et erit unus de spiritualibus Religiosis Dominis Parliamenti nostri Haeredum successorum nostrorum gaudendo honore privilegio ac libertatibus ejusdem Et insuper de uberiori gratia nostra aâ—â—â—ctando utilitatem dicti nostri Monasterii considerando ejus distantiam Ita quod si contingat aliquem Abbatem qui pro tempore fuerit fore vel esse absentem propter praedicti Monasterii utilitatem in non veniendo ad Parliamentum praedictum Haeredum vel successorum nostrum quam quidem absentiam eidem Abbati perdonamus per praesentes Ita tamen quod tune solveâ— pro hujusmodi abâ—entia cujuslibet Parliamenti integri in nostro Scaccario suum per Attornatum quinque Marcas nobis haeredibus sive succeâ—â—oribus nostris totiens quotiens hoâ— infuturum contigerit In cujus c. Teste c. Vicesimo terâ—io die Ianuarii c. Sir Edward Cooke in his 4. Institutes p. 45. affirms this Patent to be void in Law but upon such a poor reason as will made all Temporal Lords Barons Earles and Dukes Patents likewise void if they hold not by Barony and I conceive it to be good in Law upon consideration of the premises that our Kings did at their pleasure without any special Patents of Creation summon what Abbots and Priors they thought meet to their Parliaments and omitted discharged them at their pleasures as the premises plentifully manifest beyond contradiction 5. It is most demonstratively and experimentally evident by this Table That the Kings bare writs of summons of Abbots Priors Masters of Religious Orders Deans and other Clergymen not holding by Barony and their sitting in Parliaments and Great Councils and debating consulting advising with the King and the rest of the Abbots Priors Bishops Earls Lords and Barons of the Realm in Parliament according to the tenor of the writs of Summons issued to them all in the self-same form did neither really or actually ennoble either them nor their successors for then by Sir Edward Cooks own doctrine they ought ex debito justitiae to have been summoned constantly during life and their Successors after them when they had been called by writ actually sate in one two much more if in three or four Parliaments when most of them who were summoned sate only in 1 2 3 4 5 6 7 or 8. Parliaments and no more and neither they nor their Successors were ever after summoned yea some of â—hem after above 20 30 40 50 and 60. summons to and Sessions in Parliaments under several Kings have been afterwards discharged or left out of the writs of Summons as no Barons nor Peers of the Realm because they held not by Barony of the King Therefore their writs of Summons and Session did only make them but momentany and quasi temporary Peers or Spiritual Lords pro hac vice only when and whiles they were summoned to and sate in any particular Parliament or great Coâ—ncil amongst the rest of the Prelates and Lords not after they were dissolved when both their temporaâ—ie Peâ—â—â—ge and Lordships if their writâ— and Sessionâ— made them Lords or Peerâ— pro tempore expired with the Parliaments And by the self-same ground reason the Kings summons of any Knights Esquires or other Laymen to Parliament by a general wriâ—â— who held not by Barony without any special Clause creating them Barons by writs or Parents and their actual sitting in Parliament can neither ennoble themselves nor make them Lords Barons or Peers of the Realm for life much lesse their heirs males in fee or for perpetâ—ity after their deceases but onely make them quasi Peers or Great men or rather Assistants to and joynt Coâ—nsellors with the Lords in Parliament pro tempore so long as the Parliaments to which they are summoned and in which they sit continue but no longer as I have elsewherâ— proved and shall further demonstratively evidence in the next Section against Sir Edward Cookes and others mistakes therein 8. That our Kings by their Prerogative and royall Authority alone did upon all extraordinary occasions summon what Abbots Priors Religious and Ecclesiastical persons they thought meet in the self same manner and by the self same forms of writs as they summoned the Bishops Abbots Peers and other Lords who were actual Peers and Barons of the Realm in greater or smaller numbers as they and their Council thought meeâ—est who sate consulted advised in Parliament together with the King and the rest of the Lords which royal Prerogative and Jurisdiction was never questioned