noster terreri seu dicta negotia nostra retardari valeant quovis modo Teste Rege apud Eborum 5 die Marcii Eodem modo mandatum est singulis Vic. per Angliam From which Writ I shall observe 1. That the Writs of Summons to Parliaments may be altered and enlarged with necessary Prologues and clauses according to the times and emergent occasions by the King and his Counsel without consent or Act of Parliament 2ly That the absence of some Prelates Lords and Great men from the Parliament is a just cause to adjourn or dissolve it 3ly That no weighty affairs ought to be concluded but in a full Parliament when all the Lords and Members are present and not in an empty House when any considerable number of Lords and other Members are absent or secluded 4ly That no Lords nor other persons whatsoever though summoned as Members ought to come to Parliaments with a tumultuous multitude of people followers and armed men it being inconsistent with the freedom and privileges of Parliaments a grand disturbance to their proceedings touching the weighty affairs of the King and Kingdom therein propounded and a great terror and oppression to the people in those places where the Parliaments are held Much less then ought Petitioners or those who are no Members to draw up whole Troops Regiments of armed Souldiers to terrifie force seclude secure dissolve the very Lords Members Houses and Parliaments themselves 5ly That the King and his Counsil alone may by publick Writs and Proclamations lawfully prohibit the resort of any persons of what condition soever to Parliaments with any tumultuous multitude or armed men under the pain of forseiting all they have and that by the antient Common-law of England as well as by the Statute of 7 E. 1. Rastal Armer 1. it being a chief branch of the Kings antient royal Prerogative and Office as the Act declares 6ly That they may insert this Prohibition and Proclamation into the very Writs of Summons themselves when there is just occasion as there was never so much cause as now to do it after so many unparallel'd eumults and violences offered to Members and raised against Parliaments themselves by tumultuous wultitudes of rude people and whole Troops Regiments Armies of Sword-men raised for their defence to the total if not final subversion of the antient Rights Liberties and constitution of our English Parliaments In the Parliaments of 5 E. 2. some Noblemen and Earls by reason of dissentions between them and other fears and jealousies intended to resort to those Parliaments with a great number of armed men of their friends and retainers which the King being informed of thereupon issued these memorable writs unto them expressing the manifold mischiefs and inconveniences thence ensuing and prohibiting them to come to these Parliaments with any arms horses of warr or multitudes of people or to disturb the peace affright the people of the Realm or hinder the publike affairs of Parliament in any kinde under pain of forfeiting all their lands tenements and whatever else they might forfeit to him worthy the consideration and imitation of present and future ages upon the like occasions Clause 5 E. 2. dors 31. Rex dilecto et fideli sno Nicho de Segrave falutem Datum est nobis intelligi quod vos occasione quarundam dissensionum inter vos et dilectum fidelem nostrum Willielmum Mareschal nuper subortarum ad arma vos paratis amicos confederatos vesttos se parare similiter procuratis quodque ad Parliamentum nostrum quod apud London die Dominica proxima post festum Sti. Laurentii proximo futur fecimus summoneri accedere intenditis cum multitudine armatorum unde in immensum non immerito commovemur Et quia accessus bujusmodi si fieret in nostri contemptum et expeditionis negotiorum nostrorum impedimentum ac terrorem populi regni nostri et lesionem pacis nostrae cederet manifestè Uobis mandamus in fide et bomagio quibus Nobis tenemini sub forisfactura terrarum ac tenementorum ac omnium aliorum quae Nobis forisfacere poteritis districtè inhibentes ne ad dictum Parliamentum cum armis seu alio modo quam tempore clarae memoriae Domini E. quondam Regis Angl. patris nostri consuevit accedere aut aliqua alia per quae expeditio negotiorum nostrorum in dicto Parliamento retardari aut pax nostra turbari seu populus dicti regni nostri quovis modo terreri valeat facere praesumatis Consimilia mandata et Inhibitionem fecimus praefato Willielmo super negotio antedicto Teste Rege apud Berwic super Twed. 20 die Julii Eodem modo mandatum est praefato Willielmo de Mareschal T. ut supra Cl. 5 E. 2. dors 22. Rex dilecto et fideli suo Gilberto de Clare Comiti Glouc. Hereford salutem Intelleximus quod ad praesens Parliamentum nostrum apud Westm. continuatum estis cum equis et armis more non debito venientes unde admiramur non immerito et turbamur praesertim cum per hujusmodi accessum vestrum ibidem expeditio negotiorum Nos et statum regni nostri tangentium in dicto Parliamento nostro tractandorum impediri et populus partirum illarum ac alibl in regno nostro terreri posset non modicum et pax nostra turbari Vobis igitur mandamus in fide et homagio quibus Nobis tenemini firmiter injungedtes quod ad dictum Parliamentum nostrum ad tractandum Nobiscum et cum Praelatis ac Magnatibus de regno nostro super dictis negotiis veniatis prout tempore clarae memoriae Domini E. quondam Regis Angl. patris nostri fieri consuevit equis pro armis vobiscum ibidem nullatenus adducentes nec aliquid aliud attemptantes per quod pax nostra turbari aut populus noster terreri valeat quovis modo T. apud Westm. 28 die Novemb Per ipsum Regem Eodem modo mandatum subscriptis viz. Thomae Comiti Lancastr Humfr. de Bohun Comiti Heref. Essex Adamaro de Ualenc Com Pembroke Guidoni de Bello-Campo Com Warr. Edmundo Com. Arundell It seems notwithstanding those Writs there were some forces raised by these Earls and Nobles principally against Peter Gaveston which produced these ill effects 1. It terrified most of the Knights Citizens and Burgesses and caused them to depart home and desert the Parliament so as the King was enforced to issue out new Writs to resummon them and to command the Sheriff to elect others in their places in case they would not or could not come as is evident by the Writs in dorse 26 of Cl. 5. E. 2. forecited p. 73. 2ly It frighted away most of the Kings Justices and Counsil from the Parliament so that he was constrained to resummon and command them not to depart from the Parliament during its continuance without his special license as appears by this ensuing memorable Writ Cl. 5 E. 2.
nisi ab inceptis celerius desisterit omnes qui versus quempiam ante relaxationem interdicti hostiliter arma gesserunt praeter ipsum solum anathematis vinculo innodaret Sicque ab inceptis Regem revocans Archiepiscopus non prius abe recessit donec Diem conipetentem ad Curiam Regis veniendi et ibidem Iuri parendi Baronibus impetrasset The 8. of September following the Archbishop Bishops Abbots Priors and Barons of the Realm assembling together at Pauls the Archbishop calling some of the Barons to him apart from the rest secretly acquainted them with the Kings forecited Oath taken at his absolution and produced before them the Charter of Liberties granted by King Henry the first by which they might if they would reduce their long lost Liberties to their pristine estate At which the Barons greatly rejoycing juraverunt omnes in praesentia Archiepiscopi quod viso tempore congruo pro hiis libertatibus si necesse fuerit decertabunt usque ad mortem Archiepiscopus autem promisit eis fidelissimum auxilium suum pro posse suo Et sic confoederatione facta inter eos Colloquium solutum est The King hereupon as I conjecture issued out the precedent writ the 3. of November following whereon it bears date to all the Sheriffs of England consisting of 3. distinct parts sutable to that time and occasion The first is to new summon Omnes Milites all who held of him by Knight-service with those Souldiers not knights or knights of Shires in their respective Bailiwicks they had formerly summoned by some such writ as this to repair to Oxford to come to the Kings person ad Nos without naming any certain place 15 daies after All Souls day cum armis with their arms the usual form and clause in precedent and subsequent writs of Summons of an Army and forces to aid the King not to a Parliament or Great Council of State and that to defend and assist him against the precedent confederacy of the Archbishop Bishops Abbots Priors and Barons then newly entred into at London against whom he had raised a great Army by like Writs but a few Monethâ—… before to reduce these Rebels to obedience which Armie the Archbishop caused him to dissolve as Matthew Paris relates The 2. Clause is Corpora vero Baronum singulariter sine armis to summon and bring to the King the Bodies of the Barons in their respective Counties apart one from another without arms as in the said writ not two or more of them together with their arms and armed attendants to prevent all dangers tumults insurrections and intended rebellions if they should come armed to his Court being now thus summoned to appear before him not to treat and advise with him and the rest of the Prelates Earls and Nobles of any urgent affairs concerning the King or Realm of which there is no mention at all in this writ in relation to the Barons as there is in all Writs of Summons to Parliaments or Great Councils issued to them extant in our Records But rather according to the Archbishops engagement to the King at Nottingham a little before this writ to submit themselves to the Iustice of his Court and a legal trial concerning the crimes he should there object against them upon their appearance on the day prefixed in the writ the same I conceive the King and Archbishop had formerly agreed upon at Notingham And that this was the reason why they were to appear without armour is evident by the like Summons hertofore to Earl Godwin and his Sons to appear in the Kings Court to answer the Kings charge against them attended only with 〈◊〉 men without any force or arms by the subsequent Statutes of 7 E. 1. Rastal Armour 1 2 E. 3. c 3. expresly resolving that in all Assemblies which should be made within the Realm of England for ever every man should come without all force and armour well and peaceably And that no man Great or Small of whatsoever condition he be except the Kings Servants in his presence and his Ministers and their Assistants in executing his precepts or their Office or upon a cry made for arms to keep the peace in such places where such acts happen should be so hardy to come before the King or his Iustices or other his Ministers doing their office with force and arms nor bring no force in â—…ffray of Peace Which was but the antient Common and Statute Law of England The 3. Clause of the Writ which only hath some resemblance of a writ of Summons is to summon not two but quatuor Discretos Milites de Comitatu tuo being more than we read summoned in succeeding Rolls out of every County as Knights of Shires to our Parliament and those not to come to any Parliament or Great Council at any certain place of which there is no mention at all in this Writ but ad Nos to the King himself at the time there specified and that only Ad loquendum Nobiscum de negotiis regni nostri not ad tractandum Nobiscum et cum Praelatis Proceribus or Magnatibus or aliis or caeteris fidelibus regni nostri de arduis et urgentissimis negotiis Nos et statum Regni nostri contingentibus or ad faciendum et consentiendum hiis quae tunc ibidem de Communi Consilio regni nostri Deo propitio contigerit ordinari the usual Clauses in all Writs of Summons of Barons or Knights of Counties to Parliaments and Great Parliamentary Councils Therefore certainly this Writ was no Summons of Knights of Shires to a Parliament or Great Council the rather because there is no clause in it for electing these 4. knights nor yet of any Citizens or Burgesses as is usual in the Writs for electing Knights of Counties and because no Writs of Summons ever prescribed the Summons of Barous and Knights together like this Upon all which considerations I conceive this ad loquendum Nobiscum de negotiis regni nostri for which these 4. Knights were summoned was the very same or the like business for which Matthew Paris relates the King some few Moneths before sent Letters to the Sherifs of every County throughout England to cause Quatuor legales homines the same with those this Writ stiles Quatuor Discretos Milites out of every of their Counties to come to St. Albanes the 8. of August following to inquire of and inform the King what dammages and losses any of the Bishops had sustained by the King and his Officers during the Interdict and their banishments and what was due to every one of them that so he might satisfie them according to his premised Oath as Chart. 16 Iohann Regis m. 9. n. 67. the next year after this compared with Pat. 15 Iohan. Regis nu 3. De Interdicto relaxando c. clearly intimate if not resolve This I am fully perswaded was the true scope nature and intention of this Writ which hath
praedictorum Militum Civium Burgensium hoc breve Teste ut supra Eodem modo praeceptum est singulis Vic. per Angliam The like in all respects except in the recitals being alwayes the same with those to the Spiritual and Temporal Lords relating in special or general the causes of summoning each Parliament and in the times and places of the Parliament and dates of the Writs issued to the Sheriffs and are entred in the same order as those preceding in Cl. 5 E. 3. d. 25. Claus. 6 E. 3. d. 9. 19. 36. Claus. 7 E. 3. part 1. d. 3. Claus. 8 E. 3. dors 18. Claus. 9 E. 3. d. 2. 18. Claus. 10 E. 3. d. 1. 5. Cl. 11 E. 3. pars 2. d. 11. 40. Cl. 12 E. 3. pars 2. d. 32. Cl. 13 E. 3. pars 2. d. 28. where you may peruse them But in Cl. 10 E. 3. dors 1. there is this Writ of Prorogation and Resummons entred Rex Vic. Ebor. salutem Cum nuper Parliamentum nostrum quod apud Ebor. in diem lunae in festo sancti Hillarii prox futur tenere ordinavimus usque ad Octabas Purificationis beatae Mariae Virginis prox futur prorogavimus apud eundem locum tunc tenend Et tibi preceperimus quod de Com tuo Milites duos c. venire faceres ad faciend et consentiend biis quae tunc de communi Consilio ordinari contigerit super quibusdam Negotiis Nos et Statum Regni nostri tangentibus Ac propter diversa nova Nobis et dicto regno nostro permolesta quae in partibus transmarinis jam noviter emerserunt c. as in the Writ to the Archbishop idem Parliamentum usque diem Lunae prox post festum Sancti Matthaei Apostoli prox futur apud Westm. tunc tenend duximus prorogand Tibi praecipimus quod praemuniâ—…i fac Milites Cives Burgenses praedictos quod ad Octabas praedictas ad dictum locum Ebor. ex causa Parliamenti non veniant ista vice Praecipimus insuper tibi firmiter injungentes quod eosdem Milites Gives et Burgenses sic electos vel alios eligend si electi non fucrunt in forma praedicta eligi et eos ad dictum locum Westm. ad praedictum diem Lunae venire facias Ita quod Milites plenam et sufficientem potestatem pro se Communitate Com. praedicti habeant c. ut supra usque hoc breve Teste ut supra Eodem modo mandatum est singulis Vic. per Angl. In Claus. 13 E. 3. pars 2. dors 1. the form of the Writ for elections to the Sheriffs is thus notably varied Rex Vic. Eborum salutem Cum quaedam ardua urgentia negotia Nos et honorem nostrum Statumque Regni nostri contingentia in Parliamento nostro apud Westm in Quindena sancti Michaelis prox praeterito summonito Praelatis Proceribus ct Communitati dicti regni ibidem existentibus exposita extitissent super quibus eadem Communitas tempus ad deliberand petiit supplicans quoddam aliud Parliamentum statim infra breve ut tunc deliberatione hujusmodi valeret expofitis maturius responderi per quod de avisamento Praelatorum et Procerum praedictorum necnon ad dictae Communitatis hujusmodi supplicationem ordinavimus quod super hiis et aliis urgentissimis negotiis tam Nos et expeditionem guerrae nostrae ac jura nostra et Coronae nostrae in partibus transmarinis quam defensionem dicti regni ceterarumque terrarum nostrarum contingentibus Parliamentum nostrum apud Westm. in Octabis Sancti Hillarii prox futur teneatur Nos advertentes quod negotia nostra in Parliamento nostro hactenus agitata saepius impedita fuerunt et etiam retardata Ita quod electiones de Militibus Civibus et Burgensibus pro Communiâ—…tibus Com Civitatum et Burgorum ad Parliamenta illa venientibus minus factae provide exiterunt Tibi praecipimus districtius injungentes quod de dicto Comitatu tuo duos Milites gladiis cinctos et de qualibet Civitate Com. illius Duos Cives et de quolibet Burgo Duos Burgenses de discrâ—…tioribus et probioribus Militibus Cidibus et Burgensibus Com. Civitatum et Burgorum et eosdâ—…m ad laborand potentioribus eligi et eos ad dictos diem et locum venire facias Ita quod iidem Milites plenam et sufficientem potestatem pro se et Communitate Com. praedicti dicti Cives ac Burgenses pro se et Communitatibus Civitatum et Burgorum divisim ab ipsis habeant ad faciend et consentiend hiis quae tunc de Communi Consilio nostro favente Domino ordinari contigerit super negotiis antedictis Ita quod pro defectu potestatis hujusmodi seu Propter improvidam electionem Militum Civium aut Burgensium praedictorum quam tibi si aliter quam praedictum est facta fuerit imputabimus dicta negotia infecta non remaneant quovis modo habeas ibi nomina praedictorum Militum Civium et Burgensium et hoc breve Teste ut supra Per ipsum Regem et dictum Custodem Consilium Eodem modo mandatum est singulis Vicecomitibus per Angliam From wheuce it is observable 1. That the Commons in Parliament ought not rashly to determine or give answer to any business of great moment propounded to them without due time and consideration and that they may justly desire convenient time to deliberate upon it till another Parliament shall be summoned for that purpose as they did here which the King upon their Petition and the advice of the Prelates and Great men assented to by his Cussos Regni 2. That the indiscreet and Improvident Elections of unfitting undiscreet dishonest insufficient Knights Citizens and Burgesses is a frequent occasion of hindering and retarding the great and weighty affairâ—… of the King and kingdom in Parliament and cause of their miscarriage without good effect 3. That the blame of such improvident elections is much to be imputed to the Sheriffs as well as Electors 4. That the Clause of gladiis cinctos was first added to duos Milites by this writ not being in any former writs that so none but actual Knights by Order as well as tenure might be elected and returned 5. That the word Probioribus is superadded to Discretioribus et ad laborandum Potentiaribus Militibus Civibus et Burgensibus c. extant in none of the precedent Writs since 49 H. 3. and Legalioribus omitted 6. That there was no Alteration at all now made in the Writs to the Warden of the Cinque-ports continuing as before but only in those to Sheriffs for electing Knights Citizens and Burgesses The next succeeding writ in Claus. 14 E. 3. pars 1. dors 33. runs in the usual form yet with duos Milites gladiis cinctos c. de discretioribus et probioribus Militibus Civibus et Burgensibus Com. Civitatum et Burgorum eorundem
praedicti I. B. I. D. alii qui procl praedictae in pleno comitat praedict interfuerunt secundum formam statutorum in brevi praedicto specificatorum secundum exigen brovis illius eligerunt W. F. V. S. milites gladiis cinctos pro comitatu praedicto ad essendum ad Parliamentum in eodem brevi specific qui plenam sufficientem potestatem pro se et communitate comitatus praedicti habeant ad faciendum consentiendum prout breve illud in se exigit requirit In cujus rei testimonium partes praedictae his Indenturis sigilla sua alternatim apposuerunt Datum tali die annâ—… Plo. 120. G. A. armig vic Autiel Indenture serra fait inter vicount et Burgesses de D. sur election de lour Burgesses c Mutatis mutandis I have here given you the exactest fullest clearest Account of all the several forms and varieties of writs for electing Knights of Counties Citizens and Burgesses for our Parliaments and Great Councils and of their retorns extant in our Records ever yet presented to the World hitherto unacquainted with most of them of which our greatest Antiquaries have been in some measure ignorant I shall now close up this Section with 2. mâ—…morable rare Records in the Parliaments of 18 38 H. 6. touching the elections of Knights not impertinent to my purpose and worthy publication The first of them I find thus recorded Rot. Parl. An. 18 H. 6. m. 13. n. 18. Memorandum quod pro eo quod 16 die Novembris anno praesenti lecto coram Rege Dominis spiritualibus Temporalibus in Parliamento praedicto tunc existentibus per illos plenius intellecto retorno ejusdem Brevis ipsius Domini Regis Gilberto Hore nuper Vic. Cantebr pro electione duorum Militum inter alia qui ad Parliamentum praedictum pro Com. praedicto venire debuissent juxta formam in eodem Breve specificatam faciend directi satis evidenter constabat tunc ibidem quibusdam certis de causis in eodem returno specificatis nullos Milites ad veniend ad Parliamentum praedictum pro eodem Comitatu pretextu brevis praedicti â—…ctos aliqualiter extitisse Per ipsum Dominum Regem De avisamento et assensu eorundem Dominorum spiritualium et temporalium consideratum â—…t ordinatum fuit tunc ibidem quod per quoddam aliud breve ipsius domini Regis de data dicti prioris Brevis Vic. Com. praedicti detur specialiter in mandatis Quod ipse facta Proclamatione in prox Comitatu suo infra dictum Com. Cantebr post receptionem brevis illius tenend de die loco tentionis Parliamenti praedicti electionem duorum Militum gladiis cinctorum ac omnia alia in eodem continenda juxta formam ejusdem Brevis faciat exequatur Et quod idem Vicecomes antequam ad hujusmodi electionem procedat publicè in eodem Com. proclamari inhiberi faciat ne aliqua persona tunc ibidene armata seu modo guerrino arraiata ad electionem illam accedat nec quicquam quod in perturbatienem pacis ipsius Domini Regis seu electionis illius cedere valeaâ—… ibidem vel alibi faciat vel attemptet nec quod aliqua persona se de electione illa intromittat nec vocem suam in electione illa tantummodo excepta persona quae vocem in hujusmodi electione infra Com. praedictum facienda juxta formam statuti in eoslem brevi specificati habere debeat dare praesumat quovis modo sub periculo incumbenti ac sub paena imprisonamenti corporis sui ad voluntatem ipsius Domini Regis Et idem Vicec personas quae praemissa seu aliquod praemissorum in aliquo contemnere praesumpserint prisonae ipsius Domini Regis mancipet committat in eadem salvo secure custodiend quosque idem Dominus Rexpro earum deliberatione aliter duxerit demandand From which memorable writ I shall observe 1. That the Sheriff of a County after his Writ for electing Knights of the Shire received and proclaimed may justly refuse to proceed to thâ—… election in case any Souldiers or others armed with weapons and arrayed in warlike manner resort unto it to interrupt or disturb the Election And that this being retorned is a good excuse for the Sheriffs not electing the Knights 2ly That the King and Lords in that Age were sole Iudges of the Retorns of Sheriffs upon Writs for Elections of the legality of them and the elections made upon them as I have elsewhere largely evidenced by records not the Commons House 3ly That they alone not the Commons gave order for new writs for electing Knights and Burgesses when or where there was cause and directions how to make them as in this case and others 4ly That the Sheriff was here specially directed to make publick Proclam before the writ for election of knights for the shire was read to prohibit any person whatsoever to resort to the Election armed or arrayed in warlike manner or to do any thing in disturbance of the Kings peace or of the election and that no person should interpose meddle with or give his voyce in the election in any kind but such who had a lawfull right to do it according to the form of the Statute 5ly That if any person resorted to it armed or did any thing that might either disturb the Kings peace or election or intermeddle therein or gave his voyce who had no voyce by Law that the Sheriff should forthwith imprison him for his offence in the Kings prison till the King himself give order for his release Which I conceive all Sheriffs may still do in like Cases by vertue of the Statute of 3 Edw. 1. c. 5. concerning the freedoms of elections which enacts and commands upon great forfeiture that no great man nor other by force of arms or menacing shall disturb any to make free election And if none may disturb the freedom of Elections by armed force much less may they interrupt the Members from sitting in the House or disturb them in the freedom of their debates when elected assembled in Parliament under greater penalties and forfeitures The second is thus enrolled Rot. Parl. An 38 H. 6. n. 11. To the King our Soveraign Lord Meekly beseeching your true Liegemen Sheriffs of the Shires of this your noble Realm that were of the years past passed Where it pleased your Highness to command divers of your said Beseechers by your honourable Letters of privy Seal to proceed to election of their several shires of Knights of shires for this your present Parliament for the good hasty speed thereof Please it your noble Grace to ordain and to grant by assent of your Lords Spiritual and Temporal and by the Commons assembled in this present Parliament by authority of the same That all elections of Knights of your seid Shires in such wise chosen and by your said Beseechers retorned be as good and effectual as
Burgensium levandis sued to them or the Sheriffs aâ—…ter most Parliaments ended by many Burgesses of Boroughs as well as by Knights of Shires and Citizens of Cities as I shall if God say Amen demonstrate at large in its due place and shall hereno further insist upon 4ly That of late times some of these antient long-discontinued Boroughs have been revived and new Writs or Warrants for electing Burgesses sent unto them sometimes upon their own Petitions now and then upon some Courtiers Petition to the King in hopes by Letters from the Court and Feasting or Bribing the Burgesses to be elected and retorned Burgesses for the revived Boroughs sometimes by motion or order of some Members of the Commons House who had a design to bring in some Burgesses and made sure of the Burgesses Voyces before hand the Burgesses being now very willing to have their Boroughs revived because many times instead of giving wages to their Burgesses for their service in Parliament as of old they receive not only thanks Feasts but Rewards and Boons if not underhand Bribes for their Voyces from their elected Burgesses who assure them before their choyce they will neither expect nor exact any expences from them which many of them scarce deserve since they do neither them nor their Country any service at all in Parl. promoting only their own private interests or ends or their friends Finally though I shall readily subscribe to Mr. Littletons opinions Section 194. That the antient Towns called Boroughs be the most antient Towns that be within England For the Towns that now be Cities or Counties in old time were Boroughs and called Boroughs for of such old Towns called Boroughs come the Burgesses of the Parliament to the Parliament when the King hath summoned his Parliament which I shall further clear in the next Sections yet I can by no means assent to Mr. William Lambard of Lincolns Inne his Judgement though a learned Antiquary or some others inferences thence who thus argues Now as those written Authorities do undoubtedly confirm Our assertion of this manner of Parliament so is there also an unwritten Law or Prescription that doth no less infallibly uphold the same For it is well known that ln everie quarter of the Realmâ—… a great many of Boroughs do send their Burgesses to the Parliament which are neverthelesse so antient and so long since decayed and gone to nought that it cannot be shewed that they have been of any reputation at any time since the Conquest and much lesse that they haue obtained the Privileges by the Grant of any King succeeding the same so that the interest which they have in Parliament groweth by an antient usage before the Conquest whereof they cannot shew any begining Which thing is also confirmed by contrarie usage in the self same thing For it is likewise known that they of antient Demesn do prescribe in not sending to the Parliament For which reason also they are neither Contributors to the Wages of Knights there neither are they bound to sundry Acts of Parliament though the same be generally penned and do make no exception of them But there is no antient Demesn saving that only which is described in the Book of Domesday under the Title of Terra Regis which of necessity must be such as either was in the hands of the Conqueror himself who made the Book or of Edw. the Confessor that was before him And so again if they of Antient Demesne have ever since the Conquest prescribed not to send Burgesses to Parliament then no doubt there was a Parliament before the Conquest to the vhich they of other places did send their Burgesses To which I answer that this Argument is fallacious and no waies conclusive For 1. these antient decayod Burroughs that now in many places send Burgesses to the Parliament were in no such great reputation at all at or before the Conquest as is insâ—…uated for ought appears by the Book of Dooms-day or any other Record or Historie but as mean and inconsiderable as now they are 2ly There is no Historie or Record that any of these Boroughs whether decayed or not decayed yea though much enlarged enrichd since the Conquest did ever send Burgesses to any one Parliament either before or after the Conquest till 49 H. 3. And I challenge all the Antiquaries in England to demonstrate the contrarie by History or Records 3ly It is irrefragable by the forementioned returns of Sheriffs that all or most of those poor or decayed Boroughs in Cornwall Devonshire Wiltshire Southampton Sussex and some other Counties did in 26 E. 1. and some years after send no Burgesses at all to our Parliament as Camelford Foway Grantpount St. Germins St. Ives St. Maries or Maws St. Michael Portlow Saltash Trebonny Tregony in Cornwall Bearalston in Devon Christchurch Newport Newtown Stockbridge Whitechurch Yermouth in the Countie of Southampton Midhurst and Horsham in Sussex Crickland Henden Old Sarum Heytesbury Westbury Wotton Basset in Wiltshire with others in other Counties as the precedent Table clearly demonstrates all or most of them being enabled to send Burgesses to Parliament since the reign of Edw. the 1. and not before much less by prescription before the Conquest as M. Lambard and others conceit and that percliance not by any special Charters of our Kings creating them Boroughs or Corporations but by private directions of the King and Counsil to the Sheriffs of Counties wherein they were to issue out Precepts to them to elect and retorn Burgesses when they saw any just cause not by antient usage or prescription before the Conquest which none of these Boroughs ever yet pretended or insisted on for ought I can find upon my best inquiry after their Original 3ly The antientest writs for Knights wages extant are those of 28 E. 1. Rot. Claus. dors 3 12 cl 29 E. 1. dors 17. 32 E. 1. dors 3. and no Records Histories or Law-books I have seen derive their original higher than the Reign of King Edward the first The first Statute concerning them is that of 12 R. 2. c. 12. on which the writ in the Register is grounded which enacts only That the levying of the expences of Knights shall be as hath been used before this time the next Statute of 11 H. 4. c. 1. enacts That Knights of Shires unduly retorned shall lose their wages of the Parliament of old time accustomed not at or before the Conquest accustomed The first printed case concerning them in our Lawbooks is but in M. 12 H. 4. f. 3. a. Fitzh Avowry 52. Br. 42. and the first Petitions in Parliament concerning them are those of 28 51 E. 3. Yea no man can prove there were any Knights for Counties elected and sent to Parliaments by the Kings Writs before 49 H. 3. Therefore the prescription to be discharged from contributing to their wages cannot be extended higher than 49 H. 3. not to the Reign of the Conqueror or before the Conquest