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
regne du Roy Henry Sisme pâ—is le conquest primerement unâ— Commission du Roy fait desoutz son grande Seal directâ—z al Honorable puissent Prince Humphry Duc de Glocestre son-Uncle per la quell le Roy avâ—iâ— done poiar a mesme son Uncle a tenit le dit Parlement en le nom du Roy folonâ— laffect la contenuz de mesme la Commission en la preseucâ— de'l dit Duc seant en la Chambre de peinte deinz In Palayes de Westm. anxy de les Seignieurs espuelz temperelz les Chivalers des Countees des Citeins Burgeois del Roialme Deingleterre pur toute lay Comme de mesme la Rolalmâ— au dit Parlement tenuzilleoqes alors esteantz â—uit overtement le eâ—z dont le tenure-cy ensuyt Heâ—ritus Dei gratia Rex Angliae Franciae Dominus Hiberniae omnibus ad quos praesentes litetrae pervenerint salutem Sciatis quod cum de avisamento Concilii nostri pro quibusdam arduis urgentibus negociis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae contingentibus quoddam Parliamentum nostrum apud Westm. Die Lunae prox ante sestum Sti. Martini prox futur teneri ordinavimus Et quia vero propter certas causas ad Parliamentum Praedictum personaliter non poterimus interesse Nos de circumspectione industria carissimi Avuncuâ—i nostri Humfredi Ducâ—s Gloucestr plenam fiduciam reportantes eidem Avunculo nostro ad Parliamentum praedict nomine nostro iâ—choand in eo procedend ad facienda omnia singula quae pro Nobis per Nos pro bono regimiâ—e gubernatione Râ—gni nostripraedicti ac aliorum Uominiorum nostrorum eidens Regno nestro pertinentâ—um ibâ—dem suerint faciend Nec non ad Parliamentum illud â—â—â—iendum dissolvendum de assensu Concilii nostri plenam tenore praesentium committimus potestaâ—eâ—s Dante 's ultâ—râ—us de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Dusibus Comitibus Baronibus Militibus quam omnibus aliis quorum interest ad Parliamentum nostrum praedictâ— conventuris similiter tenore prâ—sentum in mundatis quod eideâ—â— Avâ—â—culo nostrâ— intendantâ—â—â— praemissiâ—â—â— forma supraâ— dictâ— In cujus rei testimonium has literas nostras fieri fecimus patentes T. mâ—ipsa apud Westm. 6 dis Novembris Anno Regni nostri primo The like Commission I finde made to the same Duke in the Parliamant Roll of 2. H. 6. n. 1. word for word except in those additional words and clauses in the Commission it self Nos de circumspectione fidelitate industria c. Eidem Avunculo nostro ad Parliamentum praedict nomine nostro inchoand negociaque praedicta exponend ac declarand ac exponi declarari faciend necnon in negociis illis Parliamento praedicto ac omnibus singulis in eo emergentibus procedeâ—d c. Neâ—non ad Parliamentum illud si necesse fuerit continuand prorogand ac ad idem Parliamentum finiend c. plenam committimus potestatem quam in eventu praedicto Parliamento nostro tempore aliquo forsan in persona nostra adessâ— contigerit revocare intendimus Dante 's c. Ut supra with the like in other Parliaments during this Kings Minority and in 33 H. 6. rot Parl. n. 30. It is observeable that none of these Custodes Regni or Protectors had any power given them to summon or hold Parliaments in their own Names or by their own inherent Authority as Protectors nor to create new Peers or Barons of the Realm by Writs or Patents for ought I finde the very words of their Patents and the Parliaments of 1. H. 4. rot Parl. n. 24 25 26 2 H. 6. rot Parl. n. 15 16. 6 H. 6 rot Parl. n. 22 23 24. a notable Record 8 H. 6. rot Parl. â— 13. 33 H. 6. rot Parl. n. 30. to 42. resolving the contrary By all these forecited Commissions Patents and the Patent to the Protectors themselves during the Kings Minoritie enrolled in the Parliament Roll of 1. H. 6. Num. 24 which I have elsewhere published it is most apparent That as the Scripture and New Testament it self in express terms resolve The King alone to be the Supream Magistrate So the Common and Statute Laws Lawyers Writs Records and Parliaments of England have alwaies hitherto resolved declared proclaimed as Bracton l. 1. c. 8. l. 3. c. 16. f. 134. l. 3. c. 3. 9. Fleta l. 1. c. 5. 17. The Parliament of Lincolne 29 E. 1. 16 R. 2. â— 5. 25. H. 8. c. 19 21. 22. 26 H. 8. c. 1. 27. H. 8. c. 15. 28 H. 8. c. 7 10. 31 H. 8. c. 10 15. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 35 H. 8. c. 1. 3 27 19 37 H. 8. c. 15. 1. E. 6. c. 2. 1. Eliz. 5. 1. 3. 4. 5 Eliz. c. 1. 8 Eliz. c. 1. 1 Iac. c. 1. 2. 3. Iac. c. 4. 7 Iac. c. 6. The Prologues of all ancient Parliaments and the very words of the Oathes of Supremacy and Allegiance prescribed to all Members of the Common House Judges Justices Officers Barristers Attornies Sheriffs Graduates Ministers and School-Masters by our Parliaments abundantly evidence The King of England alone not the Custos Regni Protector nor any other person whatsoever nor the Pope himself to be the onely Supream Governour Head Magistrate of the Realm of England and the Dominions thereunto annexed and that in and over all spiritual and ecclesiastical persons things causes as well as temporal without recognizing any other Soveraign Lord Governour Magistrate for ought I finde in History or Record 10. That the causes of summoning and proroging all Parliaments ought to be generally or particularly expressed in the Writs of Summons and Prorogation together with the precise daies whereon and places wherein they are to meet upon the Summons or Prorogation that so all may know â—ertainly at what time and place to meet That the daies and places of their meeting and prorogation were absolutely in the power of our Kings who varied them according to emergent occasions and the places of their necessary residence For instance When the wars or affairs of Scotland drew our Kings and Nobles towards the Northern parts they usually summoned or prorogued their Parliaments to York Karlisle Newcastle Stanford Lincolne Leycester Northampton Cambridge Stainford Conventry Nottingham When the wars and businesses of France called them towards the South they frequently summoned their Parliaments to Winton Salisbury Southampton Canterbury When the wars or negotiations of Wales or Ireland occasioned their removal towards them they convened their Parliaments at Gloucester Worcester Salop Hereford Bristol Oxford or Malborough But most usually they were summoned and prorogued to Westminster or London as the center and Metropolis of the Realm and the most indifferent and convenient place of meeting as
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
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
all other lawfull Members both of the Lords and Commons House ought to enjoy the self same Protection Priviledge Freedome immunity and no wayes to be interrupted molested disturbed by any other Officers Subjects Persons or Members whatsoever from freely repairing to residing in or returning from our Parliaments much lesse to be forcibly secluded out of them by armed guards new oaths or popular tumults Neither may can ought the House of Commons alone nor any prevailing party in it to exclude eject any duly elected returned Member once admitted without any Legall accusation tryal cause at all nor yet for betraying of his trust or misdemeaning himself as a Member after his election nor for any real offence as a Member without and against the Kings and Lords concurrent Judgments and assents in whom alone the power of Iudicature resides in such as well as in all other causes as I have elsewhere evidenced by unanswerable Presidents and the rules of right reason he being summoned only by the Kings Writ and authority impowred trusted by his electors only as their peculiar Trustee Atturney not his fellow Knights Citizens Burgesses to do and assent to such things as shall be ordained by the King Nobles and Common Counsell of the Realme touching the weighty publike affairs of the King and Kingdoms and obliged antiently by Manucaptors and since by their Indentures of retorn and our Laws not to depart from the Parliament without the Kings special license under pein of his indignation and other penalties Therefore no more to be suspended secluded ejected imprisoned by his fellow-Commoners without the Kings and Lords concurrent Judgements and Assents than one Judge or Justice on the Bench can unjustice unjudge uncommission another one Trustee Executor or Attorny discharge his fellow Trustees Executors Attornies of their trusts one Grand-Jury man thrust another out of the panell without the Judges consent or one Common Counsel man of a City or Livery man of a Company disfranchise and discommon another without the consent or judgement of the Mayor and Aldermen of the City or Master and Wardens of the Company whereof they are Members Whatever exorbitant irregular practices have of late times been usurped by or presidents made in the Commons House to the contrarie almost to the total if not final subversion of all future Parliaments and their privileges It being a Maxim in Law and Reason Par in parem nonhabet Imperium multo minus Superioritatem especially in the Kings own Parliament and Supreme Court of Justice wherein himself and his Nobles only sit as supreme Iudges not the Commons as a distinct Court and independent Judicature of themselves as some would fancy them in their Utopian brains and practises much less can they â—eâ—â—ude vote down any Members of the House of Peers or the whole antient House of Lords or dishinherit them of their Birthrights as some furious Bedlam Members of a dismembred dissolved House of Commons have most insolently and injuriously without hearing trial against their own Acts Declarations Protestations Vowes Covenants Commissions Trusts attempted to intrude themselves into their places and Tribunals and make themselves more than Lords and Caesars not only over their Fellow-Commoners but our Kings Peers Parliaments and Kingdomes which they have trampled under their Papall feet and metamorphosed at their pleasures into sundry mishapen mutable unsetled new models to our apparent approaching ruine if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations 20. That if the forcible seclusion or disturbance of any Lord or Member of the Lords House duly summoned who ought of right to sit vote in the Lords House be so great a breach of Priviledge Injury as I have evidenced then the forcible suppression seclusion of all the ancient Peers and House of Lords by any real or pretended Members of the late House of Commons contrary to the expresse Clauses Formes of all ancient Writs and the very writs in 16. Caroli without any legal jurisdiction hearing triall must needs be a greater breach of trust Priviledge Injustice in them fit to be redressed for the future peace Justice settlement of our distracted Nations and restoring our Parliaments to their pristine Splendour Honour ends uses for the redressing of all publick Grievances If any Republicans Army Officers New Grandees or others here object as some now do That it will be both perillous and inconvenient to the Subjects the House of Commons and its Members to restore the ancient Lords and House of Peers to their pristine Rights Priviledges Jurisdiction Judicature over them in that latitude I have asserted evidenced it by Histories and Records in my Plea for them without prescribing some new just bounds and regulations unto them by the Commons House I answer 1. That the Lords being the only original ancient Members of our Great Councils Parliaments many hundreds of years before any Knights Citizens Burgesses or House of Commons were called admitted to them by the King and House of Lords and receiving no power Judicature or Jurisdiction at all from the Commons but what they have of right enjoyed exercised in all precedent ages without the least complaint opposition or contradiction of the Commons in any former Parliaments before 17. Caroli The Commons have no more authority right reason â—urisdiction to limit or restrain this their ancient right Judicature Priviledge much lesse to abrogate then the Grand or Petty Jury have to limit regulate the Judges or Justices Commissions Authority on the Bench or the Tenants the Jurisdiction of their Lords Courts or every Committee of the Commons House the Excesses of the House it self or the Unparliamentary Iuncto which voted them down and engaged against them without the least colour of Jurisdiction Law reason hearing impeachment triall had to usurp such a transcendent power over them not to be paralelld in any age nor now approved by assenting to it 2ly That the old Lords and House of Peers in no cases ever exercised such an exorbitant arbitrary tyrannicall Jurisdiction Illegall power in all kinds as the Commons House and every of their Committees and Sub-Committees of Examinations Sequestrations Compositions Sale of Delinquents estates Crown Lands Obstructions Appeales Scandalous Ministers and High Courts of Iustice have done without the least Report to the House it self of their proceedings both over the King and his Posteritie the Peers of the Realme their fellow Members secluded secured imprisoned close imprisoned ejected exiled by them without any cause or hearing at all and their fellow Commoners of all sorts deprived of their Inheritances Estates Offices Liberties Callings Lives and the benefit of the Lawes themselves for not taking their new Oathes and Engagements contrary to Law and their former legall Oathes Leagues and Solemn Covenant and Protestation wâ—â—hout a legal Indictment or trial by a Jurie of their equalls or witnesses viva voce upon Oath since their slighting suppressing of the old
Hillarii in quo clero persistente in denegatione subsidii Rex ipsum a sua protectione exclusit Pro qua tamen redimendo multi per se multi vero per mediatores regi bonorum suorum dederunt postea quintam partem Rex Archiepiscopum rigidiorem comperiens terras ejus omnes seisivit de bonis ejusdem debita in Rotulis Scaccarii inventa praecepit cum celeritate levari Nam idem Archiepiscopus de consensu Cleri procuraverat a Papa inhibitionem ne quis Clericorum â—egem respiceret be bonis Ecclesiae De Parliamento tenendo De Parliamento tenendo De Parliamento tenendo De Parliamento tenendo * Claus. 2â— E. 1 〈◊〉 dorso De veniendo ad Parliamentum â— Regni De Parliamento tenendo De Iteratione Parliamenti e Claus. An. 1 E. 2. m. 19. dorso De veniendo ad ParliamentuÌ„ Regis Summoniâ—io Parliamenti Summonitâ—â— Parliamenâ—iâ— De veniendo ad tractandum cum Rege Summonitio Parliamenti De summonitione Parliamenti De. summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti Summonitio Parliamenti De tractaâ—u cum Magnat apud Winton habend Summonitio Parliamenti Pro Rege de tractatu habendo Summonitio Parliamenti Summonitio Parliamenti * See my Plea for the Lords p. 278 279 280. Cooks 4 Institut p. 14. Summonitio Consilii Summonitio Consilii De Tractatu 〈◊〉 habendo Summonitio Parliamenti De Tractatu apud Oseney habendo De Tractatu apud Nottingham habendo Summonitio Parliamenti See the cause of this writ and Parliament in my Plea for the Lords p. 277. 278 c. Nota. Summonitio Parliamentâ— Nota. De summonitione colloquii tractatus haband Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti De venicndo ad Consilium apud Staunâ— De veniendo ad Consilium De Consilio summonito Summonitio Parliamenti Nota. De Consilio summonitio Summonitio Parliamenti Summonitio Parliamenti De Parliamento sumâ—â—onito * See the Stâ—tute of 14 E. 3 Stat. 1. Prol. Stat. 2â— c. 1. Staâ— 4. Cooks 1 Inst. f. 7. b. De Parliamento summonito De Parliamento summontio De Consilio Summonito De Consilio summonito De veniendo ad Consilium Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti De veniendo ad Consilium Summonitio Parliamenti Nota. Summonitio Parliamenti Summonitio Parliamenti Summonitio Paâ—liamenti Summonitio Parliamenti Notâ— De summonitione Consilii Claus. 26 E. â— m. 14. dorso Summonitio Consilii Summonitio Pâ—rliamenti Summonitio Parliamenti Nota. De Clero convoâ—ando Summonitio Parliamenti Claus. 31 E. 3. dors 21. De Convocatione Cleri Summonitio Parliamenti De Consilio summonito De summonitione Consilâ—i in absentia Regis De summonitione Parliamenti Summonitio Parliamenti De summonitione Parliamenti Summonitiâ— Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti Summonitio Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De Clero convocando De veniendo ad Parliamentum Regis De Clero convocando De summonitione Parliamenti De summonitione Parliamenti Summonitio Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De Clero convocando De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitioni Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamentum De summonitione Parliamenti De summoninitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamen â— De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitioni Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De summonitione Parliamenti De veniendo ad Parliamentum De veniendo ad Parliamentum De veniendo ad Parliamentum De summonitione Parliamenti Pro Parliamento De Convocatione See My Antiquity triumphing over Novelty p. 25. * Cathedrali De summonitione Parliamenti De summonitione Parliamenti Nota. De summonitione Parliamenti a See Spelmannâ— Concilia Ingulphi Historia The Prologues to the printed Statutes of H. 3. Ed. 1 2 3 4. R. 2. H. 4. 5 6 7 8. b Here p. 28 29 36. c Here p. 55. d Here p. 3. e Here p. 5 6. f See Godwins Catalogue of Bishops p. 520 521. Seldens Titles of Honor p. 720. g Here p. 11 19 20 21 22 27 28 37 40 41 42 43. 46 51 64 65. c. 95 96 97. h Here p. 9. 16. 42 46 50 55 59 71. 96 97. Exempti Premonstracen Cisterc. Glauca in 24. E. 1. m. 7. De non venlendo ad Parliamentum * See p. 7 8. 51 52. * Here p. 20 27 29 33 35 36 41 55 56 62 64 65 71 72 c. * Here p. 7 8. Tiâ—les of Honor p. 731 73â— a Here p. 3 4 78. 34 35. 40. 54 62 70 72 73. b See an Exact Abridgment p. 18. 189. c Rastalls Abridgment Taxes and Tenths d Walsiâ—gham Hist. Angl. p. 34 35 36. See before p. 8. See my Plea for the Lords p. 262 263. * Mar. Westm. Anno 1300. 1301. p. 416 r Gal. 1. 10. 1 Theâ— 2. 4. 2 Cor. 2. 27. Ezech. 13. 10 11 12. a Titles of Honor. p. 731. to 735. b Pat. 26 E. 3. pars 1. m 〈◊〉 Seldensâ— Titles of Honor p. 734. 735. c Par. 5 H. 8. pars 2. m. 22. Seldens Titles of Honor p. 750 751 d 4 Instir. p. 1. e In my Plea for the Lords Epist. to the Reader p. 147. to 161. * Modus
grateful acceptance of these First-fruits with all convenient speed communicate to the World in A Second Part. After which I shall in two or more distinct Volumes present unto publick view several other kinds of Writs relating to the Parliaments Great Councils Convocations and Clergy of England to all sorts of proceedings in them Criminal or Civil the assessing levying of the expences of Knights Citizens and Burgesses of Parliament of Dismes Quidismes Aids Subsidies Customs Imposts granted by them with the disposing releasing of them the defence of the Realm by Land or Sea in times of danger the proclaming observing of the Great Charters Laws and Liberties of England and of Acts and Ordinances of Parliament newly enacted with sundry other Rarities which all former Writers of our English Parliaments have either totally omitted or but briefly touched and that very slightly though of excellent use and most necessary to be insisted on for the information of their Readers and benefit of Posterity Not to detain you with any longer Preface I shall now leave you to the perusal of this First Part distinct from those Parts I intend shall follow it if embraced with that respect affection and desire as it may justly expect and hope for from the Nobility Gentry Lawyers Antiquaries and Heralds of the English nation But if slighted vilified neglected like old Almanacks or fashions grown quite out of use and request though meer Novelties in their discovery communication to the world hitherto unacquainted with them I shall then resolve to cast no more such precious ancient Pearls and Rarities beâ—ore swine who wil neglect trample them under their feet but reserve them for my own private Cabinet use ornament benefit delight and such learned Friends to whom I shal hereafter bequeath them who will estimate them according to their true intrinsecal worth and prefer them before the most orient Pearls and Diamonds which are only for shew when as these are of greatest publick use and will be so esteemed in future generations how much soever slighted by the Athenians of this age who like the old ones Acts 17. 20 21. spend their tiâ—e in nothing else but to tell or hear some new thing preferring new Gloworms Ignes fatui and Prodigious Comets shining onely in the night before the Sun Moon and fixed Planets which ten thousand times outshine transcend them both in splendor magnitude use excellency and publick benefit It is Cicero his observation of old Solis exortus cursus occasus nemo admiratur propterea quod quotidie â—iunt at â—cclypses solis mirantur quia raro accidunt Nulla nisi rara aut admirabili re commovetur animus Which Seneca thus seconds Ita coÌ„positi sumus ut nos quotidiana etiam si admiratione digna sunt transeant contra minimarum quoque rerum si insolitae prodierunt spectaculum dulce fiat Hic quoque caetus astrorum quibus immensi corporis pulchritudo distringuitur populum non convocat sed cum aliquid ex more mutatum est omnium vultus in coelo est Nemo observat lunam nisi laborantem Tunc urbes clamant tunc pro se superstitione vana trepidant Quanta illa majora sunt quod Sol totidem gradus quotidie habet annum suo circuitu claudit quod à solstitio diem inclinat noctibus spacium dat quod sydera abscondit quod terras cum tanto major sit illis non urit sed calorem suum intentionibus remissionibus temperando fovet quod lunam nunquam implet nisi adversam sibi nec obscurat haec tamen non annotamus quamdiu ordo servatur Si quid turbatum est aut praeter consuetudinem emicuit spectamus interrogamus ostendimus Idem in comae is fit c. Adeo naturale est nova magis quaÌ„ magna mirari w ch is in truth both the sin folly of our present fantastick childish age affecting studying delighting admiring nothing but Novelties as well in Theology all kinds of Arts Sciences publick Government and Parliaments themselves as â—â—ell as Fashions or Apparel though never so prodigious Heterodox ridiculous or destructive But however vertiginous Scepticks and fantastick Gallants having more hair than brains are wholly enamored infatuated with New-Nothings yet all judicious Christians Lawyers Statesmen with holy and prudent King David a man after Gods own heart will consider the dayes of old the years of ancient times And according to Gods own precept stand in the wayes and see and ask for the old paths where is the good way and walk therein that they may find ease for their souls Concluding with holy Iob with the ancient is wisdom and understanding And with our Saviours own resolution wherwith I shall close up this Epistle No man having drunk old wine straitway desireth new for he saith THE OLD IS BETTER Which is the experimental resolution of Your unfeined Friend and Servant as well in relation to private as publick good WILL. PRYNNE From my Study in Lincolns Inne Ian. 26. 1658 1659. A Brief Register Kalendar and Survey of the severall kinds of all Parliamentary Writs with usefull Observations on them THat all Great Councils of State Parliaments Synods Convocations held in England under the British Saxon Danish Norman English Kings successively reigning therein were summoned by their Royal Writs precepts and held by their Authority alone is a Truth irrefragable which I have elswhere abundantly evidenced by Histories and Records though all the Writs whereby they were summoned till the reign of King Iohn be no where extant being consumed by the all-devouring jawes of time The Writs of Summons to Parliaments and Great Councils of State being the Corner-stones whereon they are founded and best discovering the causes ends for which they were summoned instead of that Folio Register of them at large which I once intended to have published I shall present you only with a Brief Register and Kalendar of some of the antientest and rarest of them full of excellent variety and delight and such Observations on and from them as may best instruct the Readers rectify the mistakes of some pretended Antiquartes who have written of our English Parliaments writs of summons to them and supply their defects especially concerning the several forms and various kinds of Parliamentary writs which they have rather touched than handled being all very maimed and incompleat in this particular To avoid Confusion I shall Marshall these Writs into several Squadrons according to the quality of the persons to whom they were directed and that in a Chronological Series digesting them into distinct Sections beginning with those issued out to our Archbishops Bishops Abbots Priors and Spiritual Lords or Barons of the Realm SECTION I. Concerning Writs of Summons to Parliaments Great Councils Convocations issued out to Archbishops Bishops Abbots Priors and other Ecclestastical Barons of the Realm who were Peers and Members of our Parliaments THe first writ of Summons to
praeter Regni consuetudinem ab Anselmo factiâ—atum indignè ferentes asserebant sese nunquam tam iniquo Papae decreto assensos vel assensuros et potius tam Anselmum regno exterminaturos et ab Ecclesia Romana penitus discesâ—uros quam hanc Papae sententiam A IURE REGIO REGNIQUE CONSUETUDINE PRORSUS ALIENAM ratam haberent After many publike meetings and debates between the King Prelates Nobles and Anselm about this business it was agreed that Anselm and William Werelast the Kings Ambassadour should goe to Rome to Pope Paschal the 2. and debate this business before him where the said William appearing and vehemently urging before the Pope in the Kings behalf Dedecus ei et videri et esse si Antecessorum suorum jura perderet quos ipse et animi magniâ—udine et opum affluentia longe praerivit c. Adding in the close Quod Dominus meus nec pro amissione Regni patietur sibi Ecclesiarum investituras auferri To which the insolent Pope presently replied with a stern countenance Nec ego pro capitis sui redemptione eum investituras permittam impune habere Whereupon they decreed the cause for Anselm against the King and in a Synod at Lateran ratified the former Decree of Pope Urban in the Council at Rome which this Pope by his consolatory Epistle to Anselm informed him of incouraging him openly and boldly to appear and speak in this cause for the Churches divine Liberty Anselm hereupon wrote thus to King Henry inviting him to return into England and to doe him that service as his predecessors had done to his Ancestors Ut autem sim vobiscum ita ut Antecessor meus erat cum patre vestro facere non possum quia NEC VOBIS HOMAGIVMFACERE nec accipientibus de manu vestra Investituras Ecclesiarum propter praedictam Papae Prohibitionem me audiente factam audeo communicare But though Ludovicus Crassus K. of France was so pusillanimous as by his Charter dated An. 1137. to exempt his Archbishops Bishops and Clergy from doing any Homage or Fealty to him for their temporalties before or after their Consecrations granting them Quod canonicam omnino gauderent libertatem ABSQVE HOMAGII IURAMENTI seu fidei primum datae obligatione Yet K. Hen. the first though he were contented at last to part with his investitures to Bishopricks and Abbies yet he would upon no terms exempt any Bishops or Abbots from the homage due unto him for their temporalties after their elections and before their Consecrations not from the Oath of Fealty they alwayes doing homage to him and his Successors at least wise before their consecrations though seldom after them and that in the self-same form as Laymen did without omitting this Clause I become your man as appears by Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Britton ch 66 of Homages and 17 E. 2. Of the manner of doing Homage and Fealty prescribing only one and the self-same form of homage as well to the Clergy as Laity as well as the same Oath of Fealty which they equally performed though Littleton and he alone makes a difference between their forms of Homage Hence in the Parliament at Salisbury Anno Dom. 1116. Comites Barones CUM CLERO TOTIUS REGNI in praesentia Regis Henrici 1. sibi et Willielmo filio suo HOMAGIUM FECERUNT FIDELITATEM IURAVERUNT as the Chronicle of Bromton and other of our Historians record I shall illustrate this discourse touching Homage and Fealty with these memorable clauses in the Charter of King Stephen touching the agreement made between him and Henry Duke of Normandy c. in a Parliamentary Assembly of the Bishops and others of the Realm at Wallingford Anno Gratiae 1153. wherein King Stephen declaring him the right hereditary heir to the Crown of England after his death and he reciprocally agreeing that Stephen should enjoy the Crown and Kingdom quietly without interruption by him during his life thereupon Dux propter hunc honorem et donationem et confirmationem sibâ— Ã me factam HOMAGIUM michi et Sacramento securitatem fecit scilicet quod fidelis michi erit et vitam et honorem meum pro suo posâ—e custodier per conventiones inter Nos praelocutas Ego etiam secuâ—itatem Sacramento Duci feci quod vitam et honorem ei pro posse meo custodiam et sicut fiâ—ium haeredem meum in omnibus in quibus potero eum manuâ—enebo et custodiam contra omnes quos poâ—ero Willielms autem filius meus HOMAGIUM et securitatem Duci fecit c. Comites Barones Ducis qui homines mei nunquam fuerunt pro honore quem Domino suo fâ—ci Homagium et Sacramentum michi fecerunt salvis conventionibus inter me et Ducem factis Coeteri vero qui ante Homagium michi fecerant fideliâ—atem michi fecerunt sicut Domino Et si Dux à praemissis receâ—erit omnino a servicio ipsius cessarent quousque errara corrigeret c. Comites etiam et Barones mei LIGIUM HOMAGIUM DUCI FECERUNT salva mea fidelitate quamdiu vixero et regnum tenuero Simili lege quod si â—go à praedictis recederem omnino à servicio meo cestarent quousque errata corrigerem Cives etiam Civiâ—atum et homines Castrorum quae in Dominio meo habeo ex praecepto meo homagium et securitatem Duci fecerunt salva fidelitate mea quamdiu vixero et regnum tenuero Archiepiscopi Episcopi atque Abbates de regno Angliae ex praecepto meo FIDELITATEM SACRAMENTO DUCI FECERUNT Illi quoque qui in regno Angliae Episcopi deinceps fiâ—nt vel Abbates IDEM FACIENT In the Recognition of the antient Customs of the Realm of England used in the reign of King Henry the 1. and his Ancestors quae observari debebant in regno ab omnibus teneri drawen up and agreed upon Febr. 8. Anno Dom. 1164. in the famous Parliamentary Council of Clarindon in the presence of the King and of all the Archbishops Bishops Abbots Priors Earls Barons and Great men of the Realm who all juraverunt firmiter in verbo veritatis promiserunt viva voce tenendas et observandas Domino Regi et HAEREDIBUS SVIS bona fide et absque malo ingenio in perpetuum I finde these Articles pertinent to my purpose Archiepiscopi Episcopi et universae personae regni qui de Rege tenent in capite habeant possessiones suas de Rege sicut Baroniam et inde respondeant Justiciariis et Ministris Regiis et fequentur et faciant OMNES CONSUETUDINES REGIAS et sicut caeteri Barones debent interesse judiciis Curiae regis cum Baronibus quousque pervenitur ad diminutionem membrorum vel ad mortem Cum vacaverit Archieplscopatus Episcopatus vel Abbatia vel Prioratus in dominio Regiâ— esse debet in manu ipsius
vocatis coram domino Rege et ejus Consilio Decano de Wellen c. Placita coram ipso Domino Rege et ejus Consilia apud Cantuar. c. Anno 21 E. 1. The Judgements and Orders upon such Petitions and complaints were somtimes given by the Counsil alone As in the case of Theobaldus de Verdun coram ipso Rege et ejus Consilio apud Bergaveny de diversis Transgressionibus et inobedientiis factis Domino Regi arenatus and found guilty of them by Inquisition returned and read Câ—ram ipso Domino Rege et ejus Consilio in the Parliament of 20 E. 1. praedictus Theobaldus de Verdun per considerationem et Iudicium totius Consilii committebatur Goalae et exhaeredatus fuit de tota libertate sua Regali quam habuit in terris suis de Ewyas Lacy pro so et hoeredibus suis imperpetuum But mostly by the King Counsil Witness these Clauses in Plac. Parl. Anno 18 E. 1. Loquela inter Johannem de Sancto Johanne Willielmum de Valentia ponitur in respectum usque in Octabis Sancti Johannis Baptistae eo quod per Consilium Domini Regis et Iusticiarios suos judicium certum in loquela illa nondum est provisum c. Postea ad diem illum Dominus Rex et ejus Consilium in praesentia praedictâ—rum partium habito consilio de procedendo ad judicium c. The Summons to Theobald de Verdun ad faciendum et recipiendum quâ—d Dominus Rex de Consilio ordinaret And the acquittal of the Servants of Theâ—bald de Lacy upon the returns of the Inquisitions against them lecta et audita coram dom Rege et ejus Consilio In the Plea between the King and the Bishop of Winchest de Custod Hospitii S. Juliani Southampton upon full hearing and examining of the cause Uidetur Domino Kegi et ejus Consilio quod Iusticiarii secundum quod in recordo suo praedicto continetur debito modo secunduin consuetudinem Regni ad captionem praedictae Inquisitionis processerunt c. In the case of the Earl of Ewe in Normandy petitioning for the restitution of the Castles of Hastings and Tikehall belonging to his Granmother Alicia whose heir he was and by her delivered into the Custody and protection of King Henry the III. Et quia Domino Regi et ejus Consilio manifestè constat quod praedicto Comiâ—i alias responsum fuit ad consimilem Petitionem c. Nec videtur Domino Regi aut ejus Consilio quod ratione aliquarum literarum praedictarum praedicto Comiti aliud responsum dare debeat c. In the Parliament of â—0 E. 1. The case of the Prior of Gisburn Coram Rege et ejus Consilio apud Norham Anno 19 E. 1. where per ipsum Regem CONSILIVM suum ordinatum et concordatum est that a Recognisance of 600 marks acknowledged in Chancery by the Prior should be cancelled In the case of the differences between the Citizens of London and Merchants of Gascoigne both cited Coram ipso Domino Rege CONSILIO SVO Anno 20 E. 1. Vt auditis coram ipso Domino Rege et CONSILIO SUO allegationibus et disputationibus rationibusque quibuscunque per praedictas partes porrectis fieret in hac parte quod Dominus Rex de Consilio decreverit c. et contentio praedicta finem debitum per ipsum Dominum Regem et CONSILIUM SUUM sortietur who then made an Order and peace between them and likewise in the Parl. of 21 E. 1. In the case between Iohn Gifford and Robert Tybetot touching the Commot of Hysk ynny the King at Berwick Anno 21 E. 1. Cartam praedictam coram se CONSILIO suo legi fecit et ad ambiguitatem quorundam verborum in praedicta Garta contentorum de caetero auferendam eadem verba declaravit in hunâ— modum c. An. 21 E. 1. The Bishop of Durham having his liberties unjustly seised by the award of the Justices in Eyr Supplicavit ipsi Domino Regi et CONSILIO SUO instanter quod praedicta processus et Recordum coram eis recitarentur et examinarentur et errores in eisdem contenti pro se Ecclesia sua Dunolm prout justum fuerit secundum legem et consuetudinem Regni emendarentur Which being accordingly done and the cause fully heard and debated before them consideratum est per ipsum Regem Consilium quod judicium praedictum revocetur adnulletur et quod omnes libertates praedicti Episcopi Ecclestae suae hominum suorum quae per considerationem Justiciariorum â—tinerantium in manum Domini Regis captae fuerunt eidem Episcopo Ecclesâ—ae hominibus suis plenarie integre restituentur I shall instance only in three more memorable cases at large The 1. is in the Placita coram ipso Rege Consilio suo ad Parliamentum suum post Pascha apud London in Manerio Archiepiscopi Eborum Anno regni Regis Edwardi 1. 21. De Petentibus arreragiis de tempore Iudaeâ—rum Quia plures Capitales Domini de quibus Iudaei ante Exilium suum de Regno isto tenementa sua tenuerunt diversa arreragia petunt de servitiis â—orundem tenementorum â—ibi detentis tempore quo tenementa illa in manu Domini Regis ut Eschaeta sua per Exilium eorundem Iudeorum devenerunt similiter à tempore postquam tenementa illa per concessionem donationem suam in manus nunc tenentium devenerunt quod per eosdem tenentes aut eorum haeredes aut assignatos plenarie satisfiat capitalibus Dominis de quibus tenementa illa tenentur de omnibus serviciis consuetudinibus eisdem Dominis capitalibus feodi debitis consuetis quae servicia Iudaei ante Exilium suum dum tamen sibi facere consueverunt debuerunt secundum quod iidem Domini capitales legitime verificare poterunt servicia illa consuetudines sibi deberi quod Iudaei dum tenementa illa tenuerunt pro tenementis illis sibi â—acere consueverunt cum singulis Cartis Domini Regis de talibus tenementis cuicunque concessis semper contineatur quod servicia debita consueta inde faciant capitalibus Dominis feodi illius Et de toto illo tempore quo tenementa illa in seâ—ina Domini Regis remanserunt postquam per Exilium â—orundem Iudeorum â—eisita fuerint usque diem quo eadem tenementa per concessionem ipsius Domini Regis in seisinam aliorum devenerunt respondâ—atur satisfiat Capitalibus Dominis ac Scaccarium per ipsum Dominum Regem singulis pro sua portione et secundum quod verificare poterunt prout superius dicitur cum quilibet de suo tempore tantummodo teneatur respondere et de isto tempore quo Rex tenebitur respondere satisfaciant ipsi modo tenentes Capitalibus Dominus et ipsis allocetur in pacatione
fatetur et cognoscaâ— Et idem Archiepiscopus in fide c. fatetur et dicit quod in veniendo de Curia Romana apud Paris bene audivit intellexit per praedictum Iudeum quod praedicta pecunia ei debebatur et quod idem Iudeus eum rogavit ut ei pro Deo esset in auxilium ad praedictam pecuniam suam â—ecuperandam Et postea ut praedictum est in visitatione sua ad domum praedictam hoc idem invenit per confessionem praedictorum Prioris et Conventus et eis dixit quod â—ic facerent quod animas suas salvarent Et quia idem Archiepiscopus bene cognoscit quod POST EXILIUM DICTI JUDAEâ— ALIORUM JUDAEORUM DE REGNO ISTO à praedicto Iudeo intellexit quod pecunia praedicta â—ibi in regno isto debebatur et POST EORUM EXILIUM omnia quae sua fuerunt et in regno isto remanserunt tam debita quam alia bona quaecunque ipsi Domino Regi remanserunt et Catalla sua fuerunt et super hoc incontinenti POST EORUM EXILIUM solempnis Proclamatio siebat per totum regnum et quod omnes qui debita aliqua alicui Iudeo debebant aut de eorum debiâ—is t is bonis catallis aliquid sciebant Domino Regi aut alicui de Consilio suo scire facerent de qua quidem Proclamatione nullus dedicere potest quin scivit aâ—â— scivisse debuit Et idem Archiepiscopus de debito praedicto scivit prout fatetur tam per Iudeum quam per Priorem Conventum nec de hoc Domino Regi aut alieui de suìs constare fecit Immo debitum illud concelando et à Domino Rege alienando contra fidem qua Regi teneâ—ur injunxit praefato Priori et Conventui quod animas suus-salvarent quod tantum valuit quantum si dixisset quod Iudeo satisfacerent concordatum est quod praedictus Archiepiscopus remaneat in misericordia Domini Regis pro concelamento transgressione praedicto c. et idem Dominus Rex sibi ipsi reservat Tax ationem illius misericordiae From these 2. Records I shall observe That the General Banishment of the Iewes out of England and the escheat and forfeiture of their Lands Goods and Debts to the King by this their generall exile is no lesse then 10. severall times precisely mentioned in these 2 Records and the very groundwork of them besides some hundreds of other Records and Authors cited by me in the 1. and 2. Part of my Demurrer to the Iewes long discontinued Remitter into England And therefore I must admire Sir Edward Cooks peremptory denyal of it in print in his Commentary on the Statute de Iudaismo in the very date whereof he is mistaken as well as in most of his Comments thereupon as I have largely proved in my Demurrer 2. That it is a breach of the Oath of Fealty and Allegiance in any Subject and an offence for which he is punishable to conceal from or defraud the King of any of his just debts and rights especially when engaged by Proclamation to discover them 3ly That the King and his Counsell gave judgment in these causes and that in the later of them the King reserves the taxing of the Amerciament of the Archbishop for an offence against him wholly to himself The 3. case is that of Iohn Saâ—veyn his wife and her sister in the Placita coram ipso Domino Rege apud Westmonasterium in Parliamento suo in Octabis Nativitatis beatae Mariae Anno regni Regis Edwardi filii Regis Henrici 33. which is very memorable and thus recorded Iohannes Salveyn Margareta uxor ejus Isabello soroâ— ejusdem Margaretae filiae haeredes Roberti de Ros de Werk per Petitionem suam in forma sequenti ostendunt Domino Regi et petunt quod cum Dominus Rex de gratia sua speciali concessit et ordinavit Quod omnes gentes de regno Seotiae cujuscunque fuerint et quae ad pacem suam venerint exceptis aliquibus personis in eadem Ordinatione nominatis admittantur secundum conditiones subsequentes videlicet quod salva sit eis vita et membra et quod quieti sint de imprisonamento et quod non exhaeredantur Ita quod de eorum exemptione et emendis de Transgressionibus qnas ipsi Domino Regi solummodo fecerint et de estabilamento terrae Scotiae staret ordinationi suae sicut plenius continetur in Ordinatione supradicta Et inâ— super Dominus Rex concessit omnibus qui secuti fuerint seisinam de terris quas ipsi et eorum Antecessores tenuerunt in principio Guerrae In quorum manus terrâ—â— illae devenissent quod ipsi Iohannes Margareta Isabella uti possent et gaudere concessione et Ordinatione praedictis quoad terras quae dictus Robertus tenuit in Anglia Scotia in principio guerrae Ita quod non sinâ— exhaeredati Et Willielmus de Ros de Hamlake qui tenet praedictum Manerium de Werk ex dono et concessione Domini Regis per praemunitionem sibi factam venitâ— et tam pro seipso tanquam tenenti dictum Manerium quaÌ„ pro Domino Rege quo ad alias terras et tenementa quae fuerunt dicti Roberti tam in regno Angliae quam in terra Scoâ—iae dicit Quod praedicti petentes nichil in eisdem per medium praedicti Roberti clamare possunt ut ipsius haeredes nec ad illa petenda seu aliquam partem earundem audiri debent prout petunt Dicit enim quod ipsi petunt tenementa praedicta ut haeredes praedicti Roberti et virtute câ—jusd â—m Ordinationâ—s quam Domâ—nus Rex nuper fecitet concessit illis hominibus de terra Scotiae qui in ultima guerra in eadem terra ad pacem suam venerunt et admissi suerunt et per illa verâ—a videlizet quod non â—xâ—aeredentur Et etiam petunt quod ipsi uti possunt et gaudere concessione et Ordinatione praedictis quo ad terras quas dictus Robertus tenuit in Anglia in Scotia in principio guerrae Ita quod non sint exhaeredati prout in sua petitione continetur quod nullo modo admitti debent Quia dicit quod praedictus Robertus diù ante principium istius gueriae ad quod tempus Ordinationi praedicta reddito terrarum et concessio se extendunt Inimicus Domini Regis devenit maniâ—estus parti Scotorum Contra Homagium et Filelitatem suam felonice et traditiose adhâ—rendo et sic omnes terras et tenementa sua ubicunque infra Dominium et potestatem Domini Regis existentia simul cum aliis bonis suis quibuscunque totaliter forisfecit nec unquam postea in vita sua ad pacem Domini Regis rediit set in inimicitia sua ut Felo et Traditor obiit Occasione cujus Inimicitiae sic commissae Dominus Rex
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