is evident not only by the memorâ—ble prâ—sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot Parl. n. 19. 14 E. 4. rot Parâ— n. 25. in Controversies of this Nature there recorded but by these two presidents of laâ—er times remembred by Mr. Cambdeâ— In the Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware peâ—iâ—ioned the Queen to be restored to his anciâ—nt place and â—eat in Parliamenâ— whose case was this His father William by judgement of Parliâ—ment in the reign of Edward the 6. for endeavouring to poyson his Unkle the Lord de la Ware to gain his inheritance and honour was disabled to enjoy any inheritance or honour that might descend to him by his Unkles death Afterwards in Queen Maries reign he was condemned of High Treason and not long after intirely restored as if he had not been condemned Being disabled by his first Sentence to inherit his Unkles honor upon his death he was by Queen Elizabâ—ths special Favour and Letters Patents created Baron de la Ware de novo and sat only as a younger Baron then newly created during his life After his death his son petitioning to enjoy the place of his Ancestors in Parliament the Queen referred the business to the Lords in Parliament who finding the judgement against William his Father to be only personal and not to bind his children and that the judgement given against him under Queen Mary was no obstacle both because he could not lose that Dignity and Honor by it which then he had not his Unkle being then alive and because he was soon after intirely restored and for that the anâ—ient Dignity and Barony was not extinct by his new Creation but only suspended during his life being not vested in him at the time of his late Creation the Lords thereupon locum â—i avitum ADJUDICAVERUNT inter Barones Willoughbeium de Eresby Berkleium in quo ritè locatur In the same Parliament it was resolved by the Lords in the case of Thomas Howard Baron of Walden Knight of the Gâ—rter who being sick and unable to come to the House himself Baron Scroop as his Proxy was brought into the Lords House in his Parliamentary Robes between two Barons the chief King of Arms going before him where presenting his Patent and Creation when the Lord Keeper of the Great Seal had read it he was placed below all the rest of the Barons though he were the younger son of a Duke whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts and other Barons which the Lords then resolved to be intended out of Pâ—rliament but they ought to sit in the Parliament house only according to the time of their being created Barons as Mr. Cambden relates out of the Lords Iâ—urnal 36. That the Prelates Earls Barons and Great men of the Realm are the Proper Iudges of all Causes and Controversies there debaâ—ed between the King and his people and are all bound by Oath as well as the King to observe defend and maintain the rights of the Realm and Crown of England and that more especially by their Oath of Fealty and Homage whereby they were tied to the King and charged to appear when summoned in the writs of summons as you may read more at large before in Spelmans Glossarium Tit. Fidelitas Homagium ligeantia and in Mat. Paris who records Aâ— 1209. that K. Iohn caepit HOMAGIA de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac demâ—sit Et Wallenses quod anteactis temporibus fuâ—raâ— inauditum venientes ad Regem HOMAGIA fecerunt ibidem licet tam divitibus quam pauperibus esset oâ—erosum Then passing into Ireland with a great Army there came to Dublin to meet him plus quà m viginti Reguli illius regionis qui omnes timore maximo perterâ— iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT as the highest Obligation of their future Loyalty fidelity and subjection to him Upon which Account Homage is frequently stiled HOMAGIUM LIGEUM LIGEANTIA LIGANâ—IA by Bracton l. 2. c. 35. f. 79. Glanvil l. 7. c. 10. Guliclmus Neubrigensis Hist. l. 2. c. 37. Chron. Iohannis Bromton col 1005. Fleta l. 3. c. 16. Britton ch 68. De Homages Custumar Vetus Normanniae c. 43. Cooks 7 Rep. Calvins case f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices ch 35 36 37 38. Spelmans Glossarium Homagium Ligeantia because iâ— most strictly unites and binds the King and his Subjects together hunc ad protectionâ—m justum Regimen illos ad reverentiam tributa et dâ—bitam Subjectionem â—t obedâ—â—ntiam as they resolve whereupon the Lords are enjoyned in their writs of summons personâ—lly to appear in Parliaments and Great Councils in fide homagio QUIBUS NOBIS TENEMINI as I formerly observed 37. That the nâ—mbers of Earls Barons Temporal Lords and Great men summoâ—ed to our Parliaments and Great Councils andentred after the Eodem modo and Consimiles literae in the Rolls and Liâ—ts of Summons are oft times very various and different there being many more of them summoned to some Parliaments and Great Councilâ— than to others as you may easily discern by comparing their Numbers which I have here presented you with in the grosse after every writ the Prince of Wales himself the Duke of Lancaster and other Dukes and Earls as well as inferior Lords Barons and Great men being left out of some Lists of Summons one two or three Parliaments and Great Councils together or more and then inserted again into others the true reasons whereof I apprehend to be these ensuing 1. Their absence in forein parts or elsâ—where in the warrs or â—pon other special services of the King in which cases no wrâ—ts of Summons issued to them and if their names were entred in the Lists of the summons they were usually cancelled or rased out of them witness the forecited entrys in the Lists oâ— Claus. 11 E. 3. pars 2. dors 11. And Claus. 12 E. 3. pars 3. dors 32. 2ly Their abode beyond the Seas upon their own particular occasions Both which causes frequently happened during the wars with France Scotland and Ireland and whiles our Kings and Nobles had any Lands and Possessions in France Aquitain Normandy Anjow Picardy and other parts beyond the Seas Many of the Earls Lords Barons Great men and our Kings themselves being oft times by reason of Warrs Treaties Embassies and defence of their Inheritances absent in forein parts when Parliaments were summoned and held in England by the Custos Regni or Commissioners at which times I generally finde there were fewer Earls Barons and Noblemen summoned to our Parliaments and Great Councils than in times of Peace or when our Kings were personally present in
please to iâ—flict upon them for what was past yet thiâ— is stiled a dealing mercifully with them After which Oath aâ—d absolution An. 1300 when as the Temporal Lords and Commons granted the King the 15. part of their goods for the Confirmation of the Great Charâ—er and their Liberties Robertus Archiepiscopus Cantuar. pro Clero nihil voluit concedere neque de temporalitate annexa Ecclasiae sine licentiasummi Pontificis special yet the Pope the next year usurped and received from him them the Tenth of all their Ecclesiastical goods for 3. years against their wills and the Kings too Such vassals then were the English Clergy to the Popes as of late years they have been in another kind to all arbitrary Commiâ—tees New Tax-masters and Governors who not only tax them at their pleasures without their consents but eject suspend silence theÌ„ froÌ„ preaching administring the Sacraments or instructing children as Schoolmasters in Publike or Private without any legal cause tryal or proceedings against all the Great Charters and Sâ—atutes for maintenance of their Liberties and Freeholds in their Benefices they being meer tenants at will both of their Ministry and Livings the only means to make them time-servers Men-pleasers Corâ—upters of the Gospel and Daubers with untempered morter instead of sincere Ministers of the Gospel and real Servants of Iesus Christ Therefore fit to be timely redressed for the future as this Papal Constituâ—ion was timely opposed by King Edward the first as is evident by Pat. 25 E. 1. pars 1. m. 9. 11. pars 2. m. 5. 6 Claus. 30 E. 1. m. 13. which I shall hereafter reciâ—e at large in their due place And this Passage of Mat. Westm An. 1297. p. 408. Anno Gratiae 1297. congregatis Archipraesule Cantuar quibusdam aliis coepiscopis suffraganeis suis apud sâ—nctum Paulum Londint 26 die Martii iterum proâ—statâ— ecclesiae consulturis insurgentes protiniss duo causidici duo de ordine Praedicatorum fratres regalem temporalem favorem aucupantes conati sunt argumentis probare clerum ipsi regi in tempore belli non obstante prohibitione apostolica de suis facultatibus posse licitâ— subvenire Insuper prohibitio sub poena incarâ—erationis ne quis contra ipsum regem et eos qui jam pridem suam protectionem quaesierant excommunicationis sententiam promulgarâ—t provocatione facta pro se ad Romanam curiam pro ipsis Recesserunt igitur omnes oneratis suis conscientiis per Archiâ—piscopum sic dicentem salvet suam animam unusquisque A most rare usefull Alphabetical Table of all the Abbots Maâ—ters and Priors of Religious Orders to whom any particular Writs of Summons to our Parliaments or Great Councils issued from Anno 49 H. 3. to 23 E. 4. extant in the Clause Rolls and Lists of Summons in the Tower of London with the several years of each Kings reign wherein they were summoned If they or others were twice or oftner summoned in any year before R. 2. then the several dorses of the Clause Rolls that year are expressed after the year d. for dorse and the number of it next ensuing it in a parenthesis if but once the figure for that year is only mentioned the dorse of the Clause Roll for that year you may readily find in the writs thereof mentioned in the precedent Section and where were 2. Writs of Summons in one year under R. 2. H. 4 5 6. there the Abbots and Priors were all twicâ— summoned in the Rolls and dorses mentioned in the Writs of Summons here cited A ABbotesbury 49 H. 3. Abingdon 49 H. 3. 23 25 27 28 30. d. 9. 12. E. 1. 5 6 7. d. 15. 27. 8 9 11. d. 8. 14. 12. d. 11. 29. 13 14 d. 5. 23. 16 17 18 19 20 E. 2. 1. d. 3. 16. 2 d. 15. 31. 4 d. 19. 41. 5. d. 7. 25. 6. d. 4. 9. 19. 36. 7 8 9. d. 2. 28. 10. d. 1. 5. 11. d. 8. 11. 40. 12. 13. d. 1. 28. 14. d. 23. 33. 15 16 17 18 20 21. d. 9 28. 22. d. 7. 32. 24 25 27 28 29. d. 7 8. 31. d. 2. 21. 34 d. 4. 35. 36 37 38 39 42 43 44 46 d. 9. 11. 47 50 E. 3. 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 21 23 R. 2. 1 2 3 5 7 8 11 12 14 H 4. 1 2 3 4 5 7 8 9 H. 5. 1 2 3 4 5 7 9 10 11 13 15 18 20 23 25 27 28 29 31 33 38 49 H. 6. 1 2 6 12. 22 â—3 E. 4. Agatha 23 24 28 d. 3. 17. 32 E. 1. Albans 49 H. 3. 23 d. 4. 9. 24 25 27 28 d. 3. 17. 32 34 E. 1. 1 d. 8. 11. 19. 5 6 7 d. 15 27. 8 9 11 d. 8. 14. 12 d. 11. 29. 13 14 d. 5. 23. 16 17 18 19 20 E. 2. 1 d. 3. 16. 2 d. 15. 31. 4 d. 19. 41. 5 d. 7. 25. 6 d. 4. 9. 19. 36. 7 8 9 d. 2. 28. 13 d. 1. 28. 14 d. 23. 33. 15 16 17 18 20 21 d. 9. 28. 22 d. 7. 32. 23 24 25 28 29 d. 7. 8. 31 d. 2. 21. 32 33 34 d. 4. 35. 38 39 42 43. 44 46 d. 11. 47 49 d. 4. 6. 50 E. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 23 R. 2. 1 2 5 7 8 11 12 14 H. 4. 1 2. 3 4 5 7 8 9 H. 5. 1 2 3 4 5 7 9 10 11 13 15 18. 20 23 25 27 28 29 31 33 38 49 H. 6. 1 2 6 12. 22 23 E. 4 Alnewickâ— 23 24 28 d. 3. 17. 32 34 E. 1. 1 d. 19. E. 2. Augustines Bristoll 49 H. 3. 28 d. 3. 17. 30 d. 9. 12. E. 1. 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 15 17 E. 3. Augustines Canterbury 49 H. 3. 23 d. 4. 9. 25 27 d. 17 18. 28 d. 3. 17. 30 d. 9. 32 34 E. 1. 1 d. 8. 11. 19. 2 4 5 6 7 d. 15. 27. 9 11 d. 8. 14. 12 d 11. 29. 13 14 d. 23. 33. 16 17 18 19 20 E. 2. 1 d. 3. 16. 2 d. 15. 31. 4 d. 19. 41. 5 d. 7. 25. 6 d. 4 9 19. 36. 7 8 9 d. 2. 18. 10 d. 1. 5. 11 d. 8. 11. 40. 12 13 d. 1. 28 14 d. 23. 33. 15 17 18 20 21 27 28 29 d. 7 8. 31 d. 2. 21. 32 33 34. d. 4. 35. 36 37 38 39 42 43 44. 46. d. 9. 11. 47 49 d. 4. 6. 50 E. 3. 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 20 21 23 R. 2. 12 14 H. 4. 1 2 3 4 5 7 8 9 H. 5. 1 2 3 4 5 7 9 10 11 13 15 18. 20 23 25 27 28 29 31 33 38 49 H. 6. 1 6 12 22 23 E. 4. B BArdâ—nâ—y or Bardnay 49 H. 3. 23. d. 9. 25 27 d. 17 18 30
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
17. E. 1. made and agreed on at Nottingham By the assent of our Counsell there being By the Preface to Articuli Cleri 9. E. 2. In our Parliament holden at Lincolnâ— the 9th of our reigne We caused the Articles underwritten with certain Answers made to some of them to be rehearsed before Our Counsell and made certain Answers to be corrected and to the residue of the Articles underwritten answers were made By us and our Counsell of which Articles and Answers the tenours here ensue By the Statute of Gavelet An. 10. E. 2. It is provided by our Lord the King and His Iustices c. By the Statute De Terris Templariorum 17. E. 2. It was moved in Parliament in the presence of the Prelates Barons Nobles and Great men of the Realm and others there present Whether the Order of the Templers being dissolved the King and other Lords of the fees might retain them by the Law of the Realme and with safe conscience Whereupon the Greater part of the Kings Counsell as well the Iustices as other Lay-Persons being assembled together the said Iustices affirmed precisely That our Lord the King and other Lords of the fees aforesaid might well and lawfully by the lawes of the Realme retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But upon other grounds of Conscience they setled them on the Hospitall of S. Iohns of Ierusalem by this Statute 1. E. 3. c. 3. But it is not the mind of the King nor of His COUNSELL that they who have sold ther Lands c. should have any benefit of this Statute The Prologue of the printed Statute of 1. E. 3. Parl 2. At the request of the Commonally by their Petition made before the King and HIS CONSELL in Parliament by assent of the Prelates Earles and Barons c. 9. E. 3. c. 1. Our Sovereign Lord the King desiring the profit of his people by the assent of his Prelates Earles Barons and other Nobles of his Realm summoned at his present Parliament and By the aâ—vice of his Counsell being there c. hath ordained and established the Statâ—â—te of Money 9. E. 3. c. 7. When and where it shall please us and OVR COVNSELL to make Exchanges 11. E. 3. c. 1. Till by the King and his COVNSELL iâ— he otherwise provided 14. E. 3. c. 5. The Chancellor Treasurer the Justices of the one Bench and of the other and other OF THE KINGS COUNSELL 14. E 3. Stat. 3. Of the Clergy Prologue Wherefore Wee their petition seen and regarded and there upon deliberation with the Peers of the Realme and other of OVR COVNSELL and of the Realm c. have granted c. And ch 5. Our Chancellour and Treasurer taking to them other of our Counsell c. 20. E. 3. Prologue By the assent of the Great men and other wise men of Our Counsell We have ordained these things following And c. 5. We have ordained to come before us at a certain day or before them whom we shall depute of Our Counsell 23. E. 3. c. 8. should be converted to a publick and common profit by advise of His Counsell And alwayes it is the intent of the King and of His Counsell that according to the first Ordinance it should be lawfull and shall be lawfull for every man c. 25. E. 3. of Labourers Prologue It was ordained by our Sovereign Lord the King and by assent of the Prelates Earles Barons and other of His Counsell 25 E. 2. Stat. 2. Of those born beyond the Seas Our Sovereign Lord the King willing that all doubts and ambiguities should be put away and the Law in this case declared and put in a certainty hath charged the said Prelates Earles Barons and other wise men of his Counsell assembled in this Parliament to deliberate upon this point which of one assent have said That the Law of the Crown of England is and alwayes hath been such c. 25. E. 3. Parl. 5. c 2. of Treasons And if percase any men of this Realme endeavour covertly or secretly against any other to slea him or to rob him or take him or retein till he hath made fine or ransome or to have his deliverance it is not the mind of the King Nor His Counsell that in such cases it shall be judged Treason but shall be judged Felony or Trespasse according to the Laws of the Land of old time used and according as the case requireth And chap. 4. It is accorded assented and stablished that from henceforth none shall be taken by petition or suggestion made to our Sovereign Lord the King or to his Counsell unlesse it be by Inditement or presentment of his good and lawfull neighbours 25. E. 3. Parl. 6. Statute of Provisors Whereas in the Parliament of Edward King of England Grandfather of the King that now is the 25. of his reigne holden at Carlile the Petition heard put before the said Grandfather and HIS COUNSELL by the Commonalty of his Realm c. 27. E. 3. c. 1. Provisors shall have day containing the space of two moneths by warning to be made to them c. to be before the King and HIS COUNSELL or in his Chancery or before the Kings Justices in his places of the one Bench or the other or before other the Kings Justices which shall be deputed to the same to answer in their proper persons to the King of the contempt done in this behalf ch 2. It is assented by the King and all his Counsell 27. E. 3. of the Staple ch 21. That the same Mayor and Constables do not ordain any thing contrary to these Ordinances nor make interpretation nor exceptions to them otherwise then the words purport but if there be any thing that is doubtfull it shall be shewed unto Our Counsell and there declared by good advise ch 23. And in case that debates arise betwixt them upon the discussing of any plea or quarrell the tâ—nour of the said Plea or quarrell shall be sent before the Chancellor and other of Our Counsell to be by them determined without delay ch 25. And now late it is done Us and our Counsell to understand by the complaint of the said Merchants ch 28. And in case any thing be to be amended added changed or withdrawn of any of the said points in time to come by a true cause we will that the same be done by deliberation and advice of the Great men and Other of our Counsell in Parliament 31. E. 3. Stat. 2. c. 3. It is accorded by our Sovereign Lord the King the Great men and all the Commons in this present Parliament that the Chancellor and Treasurer taking unto them the JUSTICES and OTHER THE KINGS COUNSEL such as to them shall seem meet shall have power to ordain remedy of the buying and selling of Stockfish of St. Botulfs and Salmon of Barwick and of Wines and Fish of Bristow and elsewhere and that the Ordinances by
them made in this party be firmly holden The offenders against the Ordinance of Fish made in 31. E. 3. c. 2. are to be attached and detained in Prison as Rebels and Transgressors till the King and HIS COUNSEL have ordained of them that right requireth after the quality of their Trespasse 34. E. 3. c. 21. By assent of the King and of HIS COUNSEL passage was granted of Wools and other Merchandises of the Staple to Denizens contrary to the Ordinance of the Staple that only Merchants Aliens and no Merchants Denizens should transport them which passage was confirmed by Parliament and this Act. 35 E. 3. Upon doing us and OUR COUNSELL TO UNDERSTAND c. It was adjudged by US AND OUR COUNSEL that the Fishers of herrings at Great Yermouth should be free to sell their herrings to all people that will come to the faire of Yermouth without disturbance of their host or any other and accordingly enacted by this Parliament The printed Pardon granted by the King in Parliament An. 36. E. 3. was prayed by the Commons to be shewed to the Kiâ—g and to HIS COVNSELL and to the other Lords ere passed according to the tenour of the Commons Petition 37 E. 3. c. 15. Clotâ— makers and Drapers shall be constrained by any manner way that best shall seem to the King and his Counsel that the Ordinance of new Apparell be in no point broken 37 E. 3. c. 18. enacts That those who make false suggestions to the King be sent with the said suggestions before the Chancellor Treasurer and His Counsil and that they there finde surety to pursue their suggestions and incurr the same pein that the other should have had if he were attainted in case that his suggestion be found evil 38 E. 3. c. 11. enacts That all Merchants Denizens may pass into Gascoigne and bring in Wines from thence without any disturbance or impeachment Alwayes provided to the King that it may be lawful to him whensoever it is advised to him or to His Counsil to ordain of this article in the manner as best shall seem to him for the profit of him and his Commons 38 E. 3. c 3. Provisors and Offendors against this Act who do not present themselves before the King or His Counsil within two moneths after that they are thereunto warned c. shall be punished according to the Statute of 27 E. 3 and otherwise as to the King and His Counsil shall best seem to be done without any grace pardon or remission And Cap. 5. if any person maliciously or falsly make any pursute against any person as a Provisour and be thereof duly attainted he shall be duly punished at the Ordinance of the King and His Counsil and nevertheless he shall make gree and amends to the party grieved The Statute of 42 Edward 3. c. 3. made upon a Petition of the Commons in Parliament beginning thus Plese a nostre Seigneur le Roy son BON COVNSEL pur droyt governement de son peuple Ordeigner Which complains that diverse upon false and malicious suggestions have been taken and caused to come before the Kings Counsil by writ and other command of the King upon grievous pein against the Law To these I might superadd the Statutes of 1 R. 2. c. 4. 3 R. 2. c 3. 5 R. 2. c. 2. Stat 2. 6 R. 2. Stat. 2. c. 1. 8 R. 2. c. 4 10 R. 2. c. 11. 11 R. 2. c. 2 6 7 12. 12 R. 2. c. 1 2 10. 13 R. 2. c. 2. 18. Parl. 2. c. 3. 16 R. 2. c. 5 17 R. 2. c. 5 6 7. 1 H. 4. c. 6 7 9 13. 4 H. 4. c. 4 23 30. 1 H. 5. c. 6. 2 H. 5. c. 8. Parl. 2. c. 2. 9 H. 5. c. 3 5. 1 H. 6. c. 1 5. 2 H. 6. c. 6. 4 H. 6. c. 5. 8 H. 6. c. 13 27. 10 H. 6. c. 3 4. 14 H. 6. c. 2. 27 H. 6. c. 11. 31 H. 6. c. 1. â—3 H. 6. c 3. 14 E. 4. c. 1 2. 17 E. 4. c. 1. 3 H. 7. c. 1. 4. 4 H. 7. c. 4. 11 H. 7. c. 7. 25. 19 H. 7. c. 1. 13 18. By all which and other Acts as likewise by Mr. William Lambards Archaion p. 118. to 216. compared with Cooks 4 Institutes c. 5. and the records in My Plea for the Lords p. 273 330 331 385 390 398 399 418 419 420 505 507. the Authority Power Jurisdiction use proceedings of the Kings Counsil and Justices both in and out of Parliaments is fully explained declared to which I shall subjoyn two memorable records for a Conclusion hereof Claus 37 H. 3. dors 7. Rex Ricardo Comiti Cornubiae salutem Alias allocuti sumus Episcopum Sarum quod intenderet Consilio nostro praebuit se difficilem propter quod ad praesens nolumus habere alios Consiâ—â—arios quà m ordinavimus sicut scitis sed cum aliqua difficultas emerserit super Iudicium reddendum vel aliis communibus negotiis taâ—â— gentibus legem terrae bene placet Nobis quod ad hoc intendat cum à Vobis interpellatus ad ipsum vocandum cum hujusmodi necessitas evenerit plenam Vobis concedimus potestatem Teste Rege apud Portsmouth 7 die Augusti By this record it is evident That the Kings Counsil in those dayes usually gave judgement in cases of difficulty and other common cases concerning the Law of the realm calling those who were learned in the Laws for Assistants therein Of which amongst many others we have a memorable president in the Pleas of Mich. 53 54 H. 3. rot 37. in the case of Assise of Mortdauncester brought by Alexander King of Scots against Iohn de Burgo for the Mannor of Westlye with its appurtenances before G. de Preston and other Justices in Eyre who determining nothing therein thereupon King Hen writ to the Justices to proceed to a speedy determination or else to adjourn it coram Nobis et Consilio nostro in Quindena Michaelis which they did When the King of Scots appearing by his Attorney and Iohn de Burgo in person before S. de Litlebyr Sociis suis Iusticiariis de Banco Rich de Middleton then the Kings Chancellor Thomas Basset Robert Augulon and Mr. Richard Staneâ— they resolved that the writ of Mortdancester would not lie in that case claiming both as heirs to one Ancestor but because the King of Scots title to it was as heir to Margaret wife of Hubert de Burgo they said to Iohn de Burgo that he should shew cause Quare praedictus Rex Scotiae praedictuÌ„ Manerium habere non debeat And so much touching the Counsils power and jurisdiction in former times Whose excessive power in later ages incroaching upon the Ordinary Courts of Justice Freeholds Liberties Properties of the Subjects to their great oppression and vexation thereupon in the late Parliament of 16 Caroli Cap. 10. there was an excellent Act made For Regulating the Privy Counsill and for taking
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