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
for these two General Councils of the Church and Realm this year are not found extant on record The Patent Roll in the 5 of King Iohn makes mention of an Assise of Beer and Wine made per Commune Consilium Baronum nostrorum held the year before at Winchester Rex c. sciatis Nos Communi Consâ—lio Baronum nostrorum constituisse Quod albus panis factus in Civitate nostra Winton fit ponderis 3 c Sol. c. Et unusquisque Pistor sigillum suum pani suo apponat c. Et volumus et firmiter praecipimus quod haec constitutio firmiter teneatur Facta est autem haec constitutio ad Pascham proximam post obitum Alienorae Reginae matris nostrae anno regni nostri quinto Teste G. fil Petri Com. Essex apud Freitemnel 15 die Aprilis This Ordinance for the Assise of Bread with the Proclamation and proceedings thereupon is more at large recorded in Matthew Paris Hist. Angl. Anno 1262 Editione Tyguri 1589. p. 200. where you may peruse it at leasure In the 5th year of his reign as Met. Paris relates Rex Johannes in COMITES BARONES occasiones praetendens quod ipsuminter hostes reliquerant in partibus transmarinis unde Castella terras suas pro eorum defectu amiserat caepit ab eis septimam partem omnium mobilium suorum by grant as I conceive in a Parliamentary Council nec etiam ab hac rapina in Ecclesiis conuentualibns manus coercuit violentas Yet I find no Writ of Summons to this Council in the Rolls of this year In the 6 year of his reign An. 1204. In crastino circumcisionis venerunt ad Colloquium apud Oxoniam Rex MAGNATES Angliae ubi concessa sunt Regi auxilia militaria de quolibet scuto scilcet duae marcae dimidia Nec etiam Episcopi Abbates sive Ecclesiasticae personae sine promiss one recesserunt In the 8 year of his Regality as King Iohn celebrated the day of our Saviours Naâ—ivity at Oxford So it appears he likewise held a Parliamentary Council there which granted him an ayd toward the recovery of his lands in France and defence of the Realm of England by these two Records that year Claus. 8. Iohan. Regis dors 2. Rex Iustic auxilii assidendi Vic. Berks salutem Sciatis quod Abbas de Abbendon finivit nobiscum pro sexties cent mar pro habenda quietantia de dominicis feodis hominibus omnibus tenentibus suis in Balliva vestra de anxilio Nobis proviso PER CONCILIUM NOSTRUM OXON et ideo vobis mandamus quod ipse inde quietus sit Et si quid inde per Nos incâ—oatum suerit penitus relax Tu autem Vic. videas quod securus sis quod habeamus unam medietatem finis illius ad proximum clausum Pasche Et aliam mediâ—tatem ad ptoximum festum Sancti Iohannis Baptistae Alioquin capietur de firma tua Et Justitiariis mandatum est libere tenentibus suis in ballivia tua quod faciant ei praedictum auxilium Et si quid inde cepisti id ei sine dilatione reddi fac T. Pat. 8. Iohan. Rs. m. 1. Rex Archidiaconâ— Officiali toti Clero Archiepiscopatus Cantuar. Salutem Notum satis quod Archiepiscopi Episcopi Abbates Priores Magnates regni nostri auxilium Nobis fecerunt ad defensionem regni nostri recuperationem terrarum nostrarum Verum quia de vobis confidimns quod Nos â—onorem nostrum diligitis defensionem regni nostri recuperationem terrarum nostrarum affectatis vos rogamus attentius quatenus tale axilium Nobis exemplo accepto ex parte vestra faciatis ut inde vobis gratias dare debeamus Et quod alii Rectores Ecclesiarum intuitu vestri ad auxilium Nobis faciendum exempio vestro facilius inuitentur â—t quantitatâ—m auxilii quod nobis quilibet ipsorum sacâ—re voluer it quilibet vestrum seperatim faciat Ita quod per ipsos in octabis Sanctae circumcisionis inde possimus testificari Teste me ipso apud Ebor. 26. die Maii. This same year the Arch-bishops Bishops Abbots Archdeacons and Clergy of England by command from Pope Innocent without the Kings Writ or consent were called to and resolved to hold a Council at Saint Albans to pay Romescot in an unusual manner and many other unaccustomed exactions to the great prejudice of the Kingdom and oppression of the people whereupon the King upon the general complaint of the universality of the Earls Barons Knights and other Subjects against those exactions this Council issued forth this memorable Writ and Prohibirion in preservation of the rights of the Crown Kingdom People against this Papal usurpation and innovation Pat. 8. Iohan. Rs. m. 1. Rex Archiepiscopis Episcopis Abbatibus Archidiaconis omni clero apud Sanctum Albanum AD CONCILIVM convocato salutem Conquerente universitate Comitum Baronum Militum aliorum-fidelium nostrorum audivimus quod non solum in laiâ—orum grave praejudicium sed etiam in totius Regni nostri intolerabile dispendium super Romescotto praeter consuetudinem soluendo aliis pluribus inconsuetis exacâ—ionibus Autoritate summi Pontisicis CONCILIUM inire CONCILIUM celebrare decrevistis Nos vero licet ob honorem sidie nostrae debitum reverentiae quod sanctae Romanae Ecclesiae impendere tenemur voluntatem sancti Patris vestri Domini Papae Innocentiae obtemperare cupimus tamen omittere non possumus quin quaerelis fidelium subditorum nostrorum clamantium de jactura sua timentium prout necesse est sibi subveniamus â—mergentibâ—scausis quae indempnitati pacis unitati regni nostri obviare possunt quanta decet celeritate diligentia occurramus Vobis igitur praecise mandamus expresse prohibemus ne super praedictis vel aliquibus aliis CONCILIUM ALIQUOD anthoritate aliqua in fide qua nobis tenemini teneatis vel contra regni nostri consuetudinem aliquod novum statuatis et sicut Nos honorem nostrum communem regni tranquillitatem diligitis à celebratione hujusmodi CONCILII à praedictis taxationibus ad praesens supersedeatis quousque cum universitate nostra super hoc COLLOQUIUM habuerimus Scientes per certo quod expediet honori sanctae Romanae Ecclesiae domino Papae Nobis Vobis quod istud ad praesens negotium differatur donec generalem habuimus conferrentiam commodius honestius explicari Et quod vobis hoc mandamus pro honore commodo sacrosanctae Ecclesiae vestri regni nostri id fecimus Quia talia audivimus quod hoc ita fieri necessario expedit sicut vobis dicemus cum vobiscum locuti fuerimus Teste me ipso apud Ebor. 26. die Maii. Now because all Elections of Knights of Shiers are and ought to be made in the next County Court after the Writs for Elections come
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
nostrumque deliberatum consensum et consâ—â—iium hiis quae mediante Domino ibidem contigerit utiliter ordinari una cum aliis impendendi Ulteriusque faciendi in praemissis et eà concernentibus quod juris fueriâ— et rationis Promittentes Nos ratum firmum et gratum sub Ypotheca reâ—um quos et ligare posâ—umus habituri quicquid dicti PROCURATORES NOSTRI VEL EORUM ALTER in praemissiâ— et ea contingentibus duxerint vel duxerit faciend In cujus rei â—estimonium â—igillum nostrum commune praesentibus est appensum Dat. in Domo nostro Capitulari Bathon 26. That it appears by the Clauses and contents of sundry Praemised Writs as likewise by the Protestations of the Clergy and their Distinct Aydes and Subsidies from the Temporalty granted in Parliaments to our Kings by dâ—â—â—erent Acts of Parliamenâ— exâ—ant in our Printed Statute Books as well as Parliament and Statâ—te Rolls that the King and Temporal Lords and Commons in Parliament could not legally impose any Aydes Subsidies or Taxes whatsoever on the Archbishops Bishops Abbots Priors Deans Chapâ—ers Archdeacons and inferiour Clergy oâ— England without their own special Grants and Consents in their Coâ—vocations it being contrary to the Great Charters of Henry the 1. King John and Henry the 3. Chap. 1. yea to the Freedom Rights Liberties of the Church confirmed by them and to all other Acts confirming Magna Charta and to a particular Act Rot. Parl. anno 8 H. 4. â— 36. exempting them from making Contributions with the Laity Therefore they cannot do it now upon the self same grounds they having as full as large an interest in their Rights freedoms Libeâ—ties and those Grand Charâ—ers Statutes confirming them as any of the Laity have in theirs Yet when they obstinately refused to grant King Edward the first a necessary Ayde for the defence of the Realm in two successive Parliaments one after the other against their allegiance and duty only because Pope Boniface by his Constitution had prohibited under pain of excommunication Ne Talliae vel Exactiones à Clero per seculares Principes quocunque modo exigentur vel eis solvantur de rebus Ecclesiae the King thereupon did put them out of his protection to redeem which many of the Clergy by themselves and many of them by Mediators gave the King the fifth part of their goods notwithstanding the Popes Inhibition which is thus related by Matthew Westminster Anno 1296. p. 407 408. Die Sancti Hillarii celebravit Archiepiscopus Concilium suum cum Coepiscopis suis Suffraganeis Londini in Ecclesia Sancti Pauli Quibus tractantibus per dies octo super postulatione regia non invenerunt iter rectum nec modum exclusivae sententiae si aliqui vel quaeâ—ito colore vel aliquo titulo quippiam contulissent etiam si plurimi clerici aulici curialeâ—que accessiâ—â—ent qui postulatis consilium dederanâ— favorem Quae omnia Regi per Episcopos aliósve nuncios funt relata Qui statim mutatus in crudelem perversa regali aequalitate in tyrannidem licentiatis suis famulis obviantium cleâ—icorum religiosorumque virorum quasi modo hostili equitaturas â—ibi arripere meliores prohibitis insuper placitatoribuâ— in lege sua peritis coram Baronibus de Scaccario seu ante quemvis â—lium Justiciarium secularem pro personis Ecclesiasticis allegare Ecclesiasticos ministros censuit sua pace inâ—ignos Mandavit etiam singulis ordinatis sponte offerre sibi suorum proventuum quintam partem aâ—t invitè cedere omnibus bonis suis. Huic mandato primitus obtemperaverunt quidam â—onsorati in curia regali praelati in cura verò animarum Pilati manifesti ut inducerent pari modo animos caeterorum Quo facto seisita sunt protinus per manus Vicecomitum omnia bona clericorum mobilia immobilia super laicum feodum inventa aâ—quâ— fisco regio titulata cum superabundanti molestia suis ablatis libertatibus qâ—as praedecessores reges Christianitatis conservatores Ecclesiis contulerant authores bonorum Et quod nequius est ferendum appreciabantur ipsorum facultates emptoribus quantocius expoâ—endae nec securi audebant clerici equitare nisi in majori conventu propter militum in clâ—ricos violentiam à rege licentia data Sed omniâ— bona Archiepiscopi mobilia immobiâ—ia capta sunt in manu regis Ipse quidem sustinuit patientè◠Igâ—â—ur Clero siâ—ut supradictum est passo in corpore pasâ—us est Rex in animo Hinc dolor et metus omnium Praelatorum Hiâ—â—mque in perplexitate maxima constituti sunt ut si quicquam concederent sententiam excommunicationis incurrerent ipso facto et si non darent non effugerent immisericordes manus ipsorum praedonum His madefacti adversitatibus pro se ipsis anxii pro grege sibi commisso incoâ—solabiliter moestificati tanquam non habente alimoniam ingruente fame necessario seculum reperere quaesierunt protectionem regis facultatibus suis ratiociâ—io magno redemptis Yet notwithstanding all the Clergy procured special Absolutions from this Poâ—e from that Excommunication they conceived they had incurred by this their Ayd granted to the King against his Constitution though done only through force and such fear as might happen even to a constant man as I observe by certain Instruments of Absolution remembred by none of our Historians but registred in the Leiger Book of the Priory of Bath out of which I have transcribed them as not unworthy publike knowledge Venerabili in Christo Patri Dei gratia Archiepâ—sâ—opo Cantuar. vel ejus Vicario in Spiritualibus Frater Gentilis miseratione divinâ— Ecclesiae Sancti Martini in Montibus Presbyter Cardinalis salutem et synceram in Domino caritatem Ex parte Johâ—nnis de Godmer perpetui Vicarii Ecclesiae de Chedâ—ern Bathon Wellen. Diocaes Nobis oblata petâ—tio continebat Quod ipse olim per vim metum qui cadere posset in constantem invitus Ministris seâ— Collectoribuâ— illustris Regis Angliae contra novae Constitutionts tenorem Sanctissimi Patris Domini Bonefacii divina providentia Papae 〈◊〉 Tallias sive Collec tas per solvit per quod sententiam Excommunicationis incurrit in tales generaliter promulgataem et sic ligatius non tamen in contemptum Clavium in suis Ordinibus ministravit et alias se ingressit divinis Super quibus supplicari feâ—it humiliter siâ—i de absolutionis beneficio et dispensationis gratia per sedem Apostolicam salubriter provideri Nos igitur auctoritate Domini Papae cujus Penitentiariae curam gerimus circumspectioni vestrae committimus quatenus si ita est ipsum Vicarium à dictae excommunicationis Sententia â—uxtae formam Ecclesiae absolvatis Proviso attentè quod idem Vicarius super hoc mandatis Domini Papae et Romanae Ecclesiae semper parebit et faciet illam poenitentiam quam sibi duxerit injungendâ—m eoque ad tempus prout
Archbishoprick of York wherewith I shall close up this Section and my Observations on it Claus. 9 E. 2. m. 17. Rex venerabilâ— in Christo Patri W. eadem gratia Archiepiscopo Cantuar. c. salutem Pro firmo credimus et tenemus quod ad ea quae regni nostri salva ionem et â—opulâ— Nobis commissi tranquillitatem et quietem respiâ—iunt cum Dei adjutorio feliciter promovenda mauus velitis extendere liberalitâ—r adjuvantes Quidam itaque Praelati et alii de Clero Provinciae vestre convocaâ—i quos ad interessendum Parliamento nostro apud Lincoln fâ—â—imus summoneri ibidem ex parte nostra super Subsidio nobis pro guerra nostra Scotiae faâ—â—â—nda requisiti ad urgentem necessitatem in hac parte inevitabile periculum quod tam Ecclesiae Anglicanae quam Nobis et toti poputo nostro ex Scotorum inimicorum et rebellium nostrorum qui pluries Râ—gnum nostrum hostiliter sunt ingressi depraedationes inoâ—ndia homicidia at alla dampna quamplunima intulâ—runt perpetrando obstinat a malitia potâ—rit imminere nisi â—orum nequitiae citius et potenâ—â—cus cum Dei adjutorio resistatur suae considerationis intuitum dirigentes ad Subsidium Nobis ex causa praedictâ—s faciendum quatenus voâ—is absentibus cui subsuâ— â—t in quorundam aliorum tam Praelatorum quam Religiosorum et caeterorum de Clero dictae Provinciae absentia potuerunt unanimiter consenserunt Ita tamen quod tam ipsi quam alii de Clero vestrae Provinciae qui in dicto Parliamento praâ—entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo Subsidio Nobis ut praemittitur faciendo in loco debito convocentur Vestram igâ—â—ur Paternitatem reverendam de qua fiduciam gerimus plâ—niâ—rem requirimus et rogamus quatinus omnes Pralatos tam Religiosos quam alios caterosque de Clero Provinciae vestrae supradictae quod sint coram Vobis apud Londâ—n die Mâ—rcurii prox post Quindenam Pasch. prox futur ad ultimum ad tractand in vestra praesentia et una vobiscum consentiend super Subsidio memorato convocari faciatis 〈…〉 Subsidio nomine nostro audiendam it nobis post moduÌ„ reportandam Teste Rege apud Lincoln 17 die Febr. Eodem modo mandatum est Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante mutatis competenter mutandis excepto quod Clerum Eborae Provinciae venir◠〈◊〉 〈◊〉 ipso apud Eborum à diâ— Paschae in unâ—m mensem c. Teste ut supra What ever else concerns the Prelates Abbots Priors Convocation and Clâ—ry is reserved for its proper placâ— in subsequent Sections SECTION II. Of the several writs of Summons to Parliaments and Great Councils directed to the Temporal Lords as The King of Castel the Prince of Wales Dukes Marquesses Earls Viscounts Lords Barons and other Great men of the Lords House whereof there are several forms and varieties with Observations on them SOme pretended Antiquaries not well versed in our Records in their late printed Discourses of The Antiquity of the Parliaments of England p. 22. 24. 88. 89. meeting with a Transcript of ancient writs issued to Earls Barons and Great men holding lands of the King by Knight service to repair to him at a certain time and place cum equis et armis for his defence against Enemies or Rebels in times of warrs insurrection or danger have injudiciously conceived these writs to be Writs of Summons to Parliaments or confounded them promiscuously with them affirming That they find these writs recorded AMONG THE PARLIAMENT ROLLS of 14. or 15. E. 3. and therefore thought good to remember them When as there are â—o such writs extant in any Parliament Rolls in the Tower nor any Writs of Summons to Parliaments or Great Councils entred in our Parliament Rolls as they ignorantly publish but only in the Dorse of the Clause Rolls quite different and distinct from the Rolls of our Parliaments as the meanest Novice in Records can ascertain them Upon the like mistake some have conceited these ensuing writs of Claus. 45 47 H. 3. to be writs of Summons to Parliaments and Great Councils when as the writs themselves declare the contrary that they were only Summons to assist the King against Enemies and Rebells with horses and arms and all their power not to counsel advise or grant any aydes of money to him in Parliament Rex Willielmo de Bello Campo de Aumel salutem Mandamus Vobis in fide et homagio quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis ad Nos sitis London in craftino Apostolorum Simonis et Iudae absque dilatione ulteriori CUM EQUIS ET ARMIS ET CUM POSSE VESTRO tam de servitio vestro Nobis dâ—bito quam de subventione amicorum vestrorum pro quibusdam urgentibus â—â—egotiis personam nostram specialiter et Statum Coronae nostrae tangentibus Et hoc sicut de vestra fidâ—litate et dilectione confidentiam gerimus specialeâ—â—ullatenus omittatis Quia SUBVENTIONEM quâ—m Nobis et Coronae nostrae praeter servicium Nobis debitum ad praesens feceritis in consequentiam trahi nolumus nec vobis per hoc ullo tempore derogari Taliter vos habeatis in hac parte quod dicto die absque defalta ad Nos sitis ita quod vobis exinde in perpetuo teneamus ad grates Teste Rege apud Turrim London 18 die Octobris Eodem modo mandatum est Phil Basset and 107. Barons and great men holding by knights service there registred by name After which this writ ensues in the same Dorse Rex Abbati de Burgo Sancti Petri salutem Mandamus vobis in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis mittaris Nobis Servitium vestrum quod Nobis debetis ita quod sitis ad Nos in crastino Sancti Martini absque defalto pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus Et hoc sub debito fidelitatis qua Nobis â—enemini nullatenus omittatis Teste ut supra Eodem modo mandatum est to 36 Abbots more whose names are there listed in the Roll Then follows this entry Isti subscripti vocati sunt ad crastinum Apostolorum Simonis Iudae CUM EQUIS ET ARMIS Thomas de Chauro with 16. more there named after him Mandatnm est Vicecomiti Essex quod summoneri faciat omnes illos de Honoribus de Redleg et Castro Baynard et de Hundredo de Rochford quod veniant ad Regem ad â—undem diem cum servicio suo Regi debito The like writs issued to divers others in this and other Membranaâ—s of this Roll of 45 H. 3. to ayde the King against the Barons then in rebellion against him and reduce them to their obedience as is evident by this writ
fide 〈◊〉 quibus Nobis tâ—nâ—mini only which is oft times inserted into the writs to the Temporal Lords and others of the Laity not peculiar only to the Clergy as in homagio ligâ—antia are to the Temporâ—lly The reason whereof I conceive to be groâ—nded on that of Littleton in his Chapter of Homage Sect. 86. If an Abbot or Prior or other man of Religion which extends to all Archbishops Bishops Deâ—n Parsons Prebends and other Ecclesiastical bodies Politick shall do homage to his Lord he shall not say IEO DEVEIGNE VOSTR HOME whence Homage hath its name and derivation as all Temporal Lords and Laymen ought to doe when they do their homage to the King or other Lords because he hath professed himself PUR ESTRE TANT SOLEMENT LE HOME DE DEâ—U But he shall 〈◊〉 say I do Homage unto you and to you I shall be true and faithfull and faith to you bear for the Tenements which I hold of you In which respect Glanvil lib. 9. c. 1 2. Bractonâ— 78. F. Britton cap. 68. 〈◊〉 3â— cap. 16. resolve Sâ—â—endum â—st quod 〈◊〉 liber 〈◊〉 â—asculus quam famina Clericus et Laicus major minor dum tamen electi in Episcopos POST CONSEâ—R ATIONEM HOMAGIUM NON FACIUNT quicquid â—ecerunt anie sed TANTUM FIDELITATEM Conventus aâ—tâ—m HOMAGIUM nec faciet de Iure sicuâ— NEâ— ABBAS NEC PRIOR â—o quod tenent nomine alieno scilicet nomine Ecclesiarum as Sir Ed. Cook likewise observes in his 1. Institutes f. 65. b. So that they doing no homage properly so stiled to the King after their consecrations nor using the words I become your man if we credit Lâ—ttleton in making their homage as the Temporal Lords do Therupon I conjecture the writs of Summons command the Temporal Lords and Laity to appear c. in fide â—t homagio et in â—ide et ligeantia quibus Nobis tenemini but the Prelates Spiritual Lords and other Clergy only in fide et dilectione they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Temporaâ—ties they held of him â—â—xcept only those that hold in Frankalmâ—igne as 29 E. 3. f. 38. a. Littleton Sect. 91 92 93. Sir Edw. Cook in hiâ— 1. Instiâ—utes on these Sections and other Law-books resolve For this I shall produce one memorable Record aâ—â—uring us that all the Archbishops Bishops Abboâ—s Priors and Clergy both in England and Ireland did and of right ought to swear fealty to the King as well as the Temporal Lords and Commons and prescribing Commissioners in Ireland to receive it from them Venerabiii in Christo Patri eâ—dem gratia Midden Episcopo et dilectis et fidelibus suis Mauricio filio Mauricii Justiciario suo Hiberniae et Mgistro Iohanni de Sâ—mford Escheatori suo Hiberniae salutem Cum defuncto jam celebris memoriae Domino Henrico Rege patre nostro cujus animae propicietur Alâ—issimus ad Nos regni Angliae gubernaculum et â—errae Hiberniae Dominium pertineant ob quod PRAELATI Comites et Proceres et Communitas Regni nostri Nobis tanquam Domino suo ligio et Regi FIDELITATIS JURAMENTUM et omnia alia quae Nobis ratione Coronae et Dignitatis Regiae ab ipsis fieri et praestari Nobis in absentia nostra poterun plenariè et sine omissione aliqua prompto et libenti animo PRAESTITERINT AC ARCHIEPISCOPI EPISCOPI ABBATES PRIORES Comites Barones Miâ—ites liberè tenentes ac tota Communitas terrae nostrae HIBERNIAE NOBIS tanquam REGI ET DOMINO SUO â—IGIO CONSIMILE SACRAMENTUM FIDELITATIS PRAESTARE TENEANTUR Dedimus â—obis potestatem recipiendi nomine nostro FIDELITATEM IPSORUM Iâ—a tamen quod si vos omnâ—s interesse ne quiveritis tunc duo velâ—â—us vestrum qui prae ensâ—u rit nihilominus plenaâ—iâ—m hab at potestatem recipiendi nomine nostro FIDELITATEM IPSORUM in forma praedicta Et id o vobi mandamus quod FIDELITATEM PRAEDICTAM nomine nostro recipiatis prout melius videbiâ—is expedire In cujus c. 〈…〉 Westm. 7 die Sept. Aâ—n 1 Eâ— 1. Hence I finde this IURAMENTVM EPISCOPORVM in Tâ—ttles Magna Charta printed London 1556. f. 164. b. being nothiâ—g else but the form of the Oâ—th of Fealty which the Bishops took to our Kings before they received their Temporalties out of their hands being the same in substance which the King of Sâ—ots anâ— his Temporaâ— Lords and English Barons and Laymen usually made to King Edward the 1. and his Successors conâ—inued 〈◊〉 these later times Ieo serra soâ—all et loyall et â—oy et loâ—altie porâ—â—ray AV ROY A SES Hâ—IRES ROYS DE ANGLITERRE de vie et de membres et de terrene honour contre toutâ— gentz qui pâ—yent vivre et mounir Et loyaâ—ment monstray et loyalment ferray les services qui appendent a la temporaltie de Levesque de M. la quelle â—eo claimor de tenir de vousâ— et laâ—quelle voâ—us me rendes Si moy ayde Dieu et ses Saints This Oath of Feâ—lty as Sir Edward Cook and others affirm was first invented and generally prescribed to all persons above 12 years of age by our famous British King Arthur who by vertue thereof ex pulit SARACENOS et Inimices â—egno But this certainly is a meer fable and gross mistake which I admire Mr. Lambard and Sir Edward Cook observed not for the Saxacens never invaded England in any age neither were they expelled the Realm by King Arthur but the Saxons who had then and formerly possessed themselves of a great part of Britain were vanquished and expelled by him in the years of grace 518 520 522 as Matt. Westminster Geoffry Manmouth Tho. Walsingham and other of our Historians relate yet not by vertue of this Oath which no Historian mentionâ— but of his arms and 〈◊〉 this Oath as I concâ—ive being rath â—râ—invented by our Saxon Kings than Kiâ—g Arthur and first prescribed by this Law of King Edmund son of Adelstan made at Culinton by advice of his Bishops and wise men about the year 944. Lex 1. Ut omnes jurent in nomine Domini c. FIDELII ATEM Edmundo Reg. SICVT HOMO DEBET ESSE FIDELIS DOMINO SUO sine omni controversia et seditione in manifesto et occulto c. Et quod ANTEQVAM IURAMENTUM HOC DABITUR ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo This Oath thus instituted was backed by the Laws of Edw. the Confessor of Will the Conq. Lex 78 79. published by Mr. Selden in whose reign all Bishops before their Consecrations did Homage to the K. as well as Fealty for their Temporalties Which though Archbishop Anselm opposed yet at last it was agreed between King Henry the first and him by assent of the Bâ—shops Abbots Lords and Great men in a Parliamentary
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
is evident not only by the memorâ—ble prâ—sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot Parl. n. 19. 14 E. 4. rot Parâ— n. 25. in Controversies of this Nature there recorded but by these two presidents of laâ—er times remembred by Mr. Cambdeâ— In the Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware peâ—iâ—ioned the Queen to be restored to his anciâ—nt place and â—eat in Parliamenâ— whose case was this His father William by judgement of Parliâ—ment in the reign of Edward the 6. for endeavouring to poyson his Unkle the Lord de la Ware to gain his inheritance and honour was disabled to enjoy any inheritance or honour that might descend to him by his Unkles death Afterwards in Queen Maries reign he was condemned of High Treason and not long after intirely restored as if he had not been condemned Being disabled by his first Sentence to inherit his Unkles honor upon his death he was by Queen Elizabâ—ths special Favour and Letters Patents created Baron de la Ware de novo and sat only as a younger Baron then newly created during his life After his death his son petitioning to enjoy the place of his Ancestors in Parliament the Queen referred the business to the Lords in Parliament who finding the judgement against William his Father to be only personal and not to bind his children and that the judgement given against him under Queen Mary was no obstacle both because he could not lose that Dignity and Honor by it which then he had not his Unkle being then alive and because he was soon after intirely restored and for that the anâ—ient Dignity and Barony was not extinct by his new Creation but only suspended during his life being not vested in him at the time of his late Creation the Lords thereupon locum â—i avitum ADJUDICAVERUNT inter Barones Willoughbeium de Eresby Berkleium in quo ritè locatur In the same Parliament it was resolved by the Lords in the case of Thomas Howard Baron of Walden Knight of the Gâ—rter who being sick and unable to come to the House himself Baron Scroop as his Proxy was brought into the Lords House in his Parliamentary Robes between two Barons the chief King of Arms going before him where presenting his Patent and Creation when the Lord Keeper of the Great Seal had read it he was placed below all the rest of the Barons though he were the younger son of a Duke whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts and other Barons which the Lords then resolved to be intended out of Pâ—rliament but they ought to sit in the Parliament house only according to the time of their being created Barons as Mr. Cambden relates out of the Lords Iâ—urnal 36. That the Prelates Earls Barons and Great men of the Realm are the Proper Iudges of all Causes and Controversies there debaâ—ed between the King and his people and are all bound by Oath as well as the King to observe defend and maintain the rights of the Realm and Crown of England and that more especially by their Oath of Fealty and Homage whereby they were tied to the King and charged to appear when summoned in the writs of summons as you may read more at large before in Spelmans Glossarium Tit. Fidelitas Homagium ligeantia and in Mat. Paris who records Aâ— 1209. that K. Iohn caepit HOMAGIA de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac demâ—sit Et Wallenses quod anteactis temporibus fuâ—raâ— inauditum venientes ad Regem HOMAGIA fecerunt ibidem licet tam divitibus quam pauperibus esset oâ—erosum Then passing into Ireland with a great Army there came to Dublin to meet him plus quà m viginti Reguli illius regionis qui omnes timore maximo perterâ— iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT as the highest Obligation of their future Loyalty fidelity and subjection to him Upon which Account Homage is frequently stiled HOMAGIUM LIGEUM LIGEANTIA LIGANâ—IA by Bracton l. 2. c. 35. f. 79. Glanvil l. 7. c. 10. Guliclmus Neubrigensis Hist. l. 2. c. 37. Chron. Iohannis Bromton col 1005. Fleta l. 3. c. 16. Britton ch 68. De Homages Custumar Vetus Normanniae c. 43. Cooks 7 Rep. Calvins case f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices ch 35 36 37 38. Spelmans Glossarium Homagium Ligeantia because iâ— most strictly unites and binds the King and his Subjects together hunc ad protectionâ—m justum Regimen illos ad reverentiam tributa et dâ—bitam Subjectionem â—t obedâ—â—ntiam as they resolve whereupon the Lords are enjoyned in their writs of summons personâ—lly to appear in Parliaments and Great Councils in fide homagio QUIBUS NOBIS TENEMINI as I formerly observed 37. That the nâ—mbers of Earls Barons Temporal Lords and Great men summoâ—ed to our Parliaments and Great Councils andentred after the Eodem modo and Consimiles literae in the Rolls and Liâ—ts of Summons are oft times very various and different there being many more of them summoned to some Parliaments and Great Councilâ— than to others as you may easily discern by comparing their Numbers which I have here presented you with in the grosse after every writ the Prince of Wales himself the Duke of Lancaster and other Dukes and Earls as well as inferior Lords Barons and Great men being left out of some Lists of Summons one two or three Parliaments and Great Councils together or more and then inserted again into others the true reasons whereof I apprehend to be these ensuing 1. Their absence in forein parts or elsâ—where in the warrs or â—pon other special services of the King in which cases no wrâ—ts of Summons issued to them and if their names were entred in the Lists of the summons they were usually cancelled or rased out of them witness the forecited entrys in the Lists oâ— Claus. 11 E. 3. pars 2. dors 11. And Claus. 12 E. 3. pars 3. dors 32. 2ly Their abode beyond the Seas upon their own particular occasions Both which causes frequently happened during the wars with France Scotland and Ireland and whiles our Kings and Nobles had any Lands and Possessions in France Aquitain Normandy Anjow Picardy and other parts beyond the Seas Many of the Earls Lords Barons Great men and our Kings themselves being oft times by reason of Warrs Treaties Embassies and defence of their Inheritances absent in forein parts when Parliaments were summoned and held in England by the Custos Regni or Commissioners at which times I generally finde there were fewer Earls Barons and Noblemen summoned to our Parliaments and Great Councils than in times of Peace or when our Kings were personally present in
the truth alone I have upon all just occasions both detected and corrected his formerly undiscerned Errors and this here insisted on I hope without just offence to any of his surviving Friends or Progeny if they consider the duty and protestation of every ingenuous Christian and Chronographer thus briefly expressed by St. Paul 2 Cor. 13. 8. We can do nothing against the truth but for the truth Secondly It is observable that the word Parliamentum is but once used or mentioned in any Writ of Sommons Act Statute Charter Patent or other Record that I have yet seen either before or during the Reigns of King Iohn or Henry the 3d. but only the word Concilium Commune Concilium Colloquium Tractatum placitum magnum c. which frequently occur and are alwayes used in them to expresse that Assembly of the States by which in after times and now is usually called Parliamentum The very first mention and use of this word in any Writ or Record I have perused is in the Writ of Sommons to the Cinqueports Cl. 49. H. 3. d. 11. soÌ„moning theÌ„ ad instans Parliamentum nostrum The next is in the Writ of Prorogation of the Parliament Cl. 3. E. 1. 20. in dor where it is twice thus meÌ„tioned in the Writ Generale Parliamentum nostrum eodem Parliamento and once in the Margin Do veniendo ad Parliamentum And this Writ assures us that it was used in the Original Writs of Sommons to this Parliament though not extant compared with the printed Prologue to the Acts therin established The Writs of Sommons from 3. to 23. E. 1. being not extant in the Rolls the next use of this word I find is in the Writâ— of Sommons Prorogation in Clauâ— 23. E. 1. dorse 9. Cl. 28. E. 1. d. 3. 17. Cl. 30. E. 1d 7. 9. Cl. 32. E. 1. d. 1. Cl. 33. E. 1. d. 9. 10. 21. Claus. 34. E. 1. d. 2. and Claus. 35. E. 1. d. 13. In all which Writs under King Edward the first not onely Colloquium Tractatum but also the word Parliamentum is mentioned and also thus expressed in the Margin of the Rolls De Parliamento tenendo Deveniendo ad Parliamentum De Parliamento Prorogando And so is it likewise in the Writs de expensis Militum qui venerunt ad Parliamentum Regis clau 28. E. 1. dors 12. cl 29. E. 1. d. 17. cl 33. E. 1. d. 15. cl 34. E. E. 1. d. 11. and cl 35. E. 1. d. 14. In the Writs and Rolls of Sommons and De expensis Militum Burgensium under Edward the 2d it is commonly used and mentioned as the premises evidence Yet I find Parliamentum totally omitted again in sundry other Writs of Sommons and Prorogations and the words Colloquium Tractatum Commune Consilium only made use of in them as in cl 23. E. 1. d. 2. 4. cl 24. E. 1. d. 7. cl 25. E. 1. d. 25. cl 27. E. 1. d. 9. 16. 28. cl 28. E. 1. d. 3. cl 1. E. 2. d. 11. 19. cl 2. E. 2. d. 11. 13. 14. 20. cl 9. E. 2. d. 17. and in some other succeeding Rolls yet in the Margin over against these Writs I find in divers of these Rolls De Parliamento tenendo De veniendo ad Parliamentum Summonitio Prorogatio Parliamenti written though the words Parliamentum be not extant in the Writs themselves The first use of the word Parliamentum in any Act or Statute in my Observation is in the Prologuâ— to the Statutes of Westminster 1. An. 3. E. 1. which it stiles Son Primer Parliament general apres Son coronement The next usage of it is in 7. E. 1. Rastal Armour 1. Wherein it is twice mentioned After which I find it used in the Prologue of Westminster 2. 13. E. 1. and c. 24. In the Statute of Merchants 13. E. 1. The Statutes De Quo warranto De terris vendendis emendis 18. E. 1. The Statute of Waste for Heirs end of Defending Rights 20. E. 1. The Statutes De non ponendis in Assisis and De Malefactoribus iâ— parcis 21. E. 1. The Statute of Persons appealed 28. E. 1. And the Prologue to Articuli super cartas the same year The Statutes De Escheatoribus 29. E. 1. The New Statutes of Quo warranto 30. E. 1. Ordinatio Forestae 33. E. 1. De asportatis Religiosorum c. 1. In most succeeding Prologues to all Statutes and divers Acts ever since King Edward the 1. it is commonly and frequently used as also in our Historians in that age In the Prologue to Articuli Cleri An. 9. E. 2. there is this observable Recital Sciatis quod cum Dubum temporibus Progenitorum nostrorum Regum Angliae in diver sis Parliamentis suis similiter postquam Regni gubernacula suscipimus In Parliamentis nostris c. Ac nuper in Parliamento nostro apud Lincoln c. Attributing this title of Parliamentum not only to the Parliamentâ— held under Edward the 2d and first but to General Councils of State and Conferences held by our Kings Lords great Men in the Reigns of their Progenitors who were totally unacquainted with this Word and never used it for ought I can yet discover It is agreed by all who have written of the Antiquity or use of our English Parliaments that the word Parliamentum is no proper Latin word for that we call a Parliament but Colloquium Tractatus commune Concilium Regni nostri still reteined in the Writs of Sommonâ— as well since the use of the word Parliamentum grew common as before in was inserted into such Writs That it is originally a meer French Word first introduced amongst us by the Norman Monkes or being taken from the French who stiled the publick conventions of their Kings and Princes a Parliament in their own Language and coyned this new Latin word Parliamentâ—m out of it But when and by whom it was first introduced and used in England is a great dispute amongst truly judicious Antiquaries Many there are who conceive it to be used in the Sâ—xons time and long before the reign of King Henry the 3d because many Latin and English Historians and Chronologers who have written since the Reign of King Henry the 3d. do sometimes give the title of Parliamentum Parliament to our great Councils and Assemblies of the King and of the spiritual and temporal Lords in those ancient times in their relations of them But this questionless is a gross mistake since not one of all their great Councils in any of their Titles Prologues Laws Cannons Edicts Acts recorded by Brompton Lambard Sir Henry Spelman Wheâ—lock Fox and others nor any of our Historians living and writing in those times before the later end of King Henry the 3d. as Gildas Beda Aâ—helwerdus Asser Menevensis Ingulphus Willielmus Malmes buriensis Eadmerus Florentius Wigorniensis Simeon Dunâ—lmensis Aelredus Abbas Henry de Huntindon Sylvester Gyraldhes Gulielmus
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
Anno Gratiae â—172 King Henry the 2d Venit OXENFORD IN GENERALI CONCILIO ibidem celebrato CONSTITUIT Iohannem filium suum REGEM IN HYBERNIA concessione confirmatione Alexandri summi pontificis Et in eodem Concilio venerunt ad Regem Resus filius Griphini regulus de Suâ—hwales David filâ—s Oâ—ain regulus de Northwales qui sororem ejusdem regis Angliae in uxorem duxerat Cadwelanus regulus de Delnain Owanus de Keuillian Gâ—iffinus de Brunfeld Madacusâ—ilius â—ilius Gervetrog alii multi de nobilioribus Gualliae et omnes devenerunt homines regis Angliae patris fidelitatem ei contra omnes homines pacem sibi regno suo servandam juraverunt In eodem autem Concilio dedit dominuâ— Rex Angliae praedicto Reso filio Grifsini terram de Meronith David filio Owain terram de Ellesmare Deditque dominus â—ex Hugoni de Lasci ut supradictum est in Hybernia totam Midam cum pertinentiis suis pro servitio 100. militum tenendam de ipso et Iohanne filio suo chartam suam ei inde fecit Deditque ibidem Roberto filio Stephani Miloni de Cogham regnum de Coâ—ch pro servitio 60. militum tenendum de ipso et Iohanne filio suo excepta civitate de Corch cum uno cantredo quae dominus rex sibi et haeredibus suis retinuit Deditque ibidem Hereberto filio Hereberti et Willielmo fratri Comitis Reginaldi Iollano de la Primerai nepoti eorum regnum de Limeric pro servitio 60. militum tenendum de ipso et Iohanne filio suo excepta civitate de Limeric cum uno cantredo quae dominus sibi et haeredibus suis retinuit Tradâ—dit autem dominus rex Willielmo filio Aldelini dapifero suo civitatem Wesesordiae in custodia cum omnâ—bus pertinentiis suis statuit haec subscripta in posterum pertinenda ad servicium Wesefordiae Harkelou cum pertinentiis suis Glascarric cum pertinentiis suis terram Gilberti de Boisrohard Ferneg Winal cum pertinentiis suis Fernes cum pertinentiis suis totam terram de Hervei inter Weseforde aquam de Waterâ—orde Servitium Raimundi de Druna Servitium de Frodrevelan Servitium Vimoâ—thi de Leighlerin Tenementum etiam Machtaloe cum pertinentiis suis. Et Leis terram Gaufridi de Costentin cum pertinentiis suis totam terram Orueldi Tradidit etiam ibidem dominus rex Roberto le Poer marescallo suo in custodia civitatem Waterâ—ordiae cum omnibus pertinentiis suis et statuit haec subscripta in posterum pertinenda ad servitium Waterfordiae totam terram quae est inter Waterforde aquam quae est ultra Lismors totam terram de Oiseric cum pertinentiis suis. Tradidit etiam ibidem dominus rex Hugoni de Laci civitatem Diveliniae cum omnibus pertinentiis suis in custodia staâ—it haec subscripta in posterum pertinenda ad Servitium Diveliniae totam terram de Offelana cum pertinentiis suis Kildaran cum pertinentiis suis totam terram de Offalaia cum pertinentiis suis Wikechelon cum pertinentiis suis servitium de Mida servitium quatuor militum quod Robeâ—tus Poer debet de castello suo de Dunaver Postquam autem dominus rex apud Oxeneford in praedicto modo terras Hyberniae et earum servitia divisisset secit omnes quibus earunâ—emcustodias commisâ—rat homines suos Iohannis silii sui devenire et jurare eâ—s ligantias et fidelitates de terris Hyberniae Et ieâ—de m Concilio dedit dominus rex Richardo Priori de Kiteby abbatiam de Witebi Et Benedicto Priori Ecclesiae sanctae Trinitatis Cantuariae abbatiam de Burgo Richardus Cantuariensis Archiepiscopus benedixit cum in abbatem Eodem anno praedictus Vivianus Presbyter Cardinalis Apostolicae sedis legatus peracta legatione sua in Hybâ—rnia rediit in Angliam per conductum domini râ—gis rediit in Scotiam celebrato Concilio apuâ— castellum puellarum susspendit a pontificali officio Christianum Episcopum Candidae casae quia ad Concilium suum venire noluit sed Episc. suspensionem illam non tenuit septus munimine Rogeri Eboracensis Archiepise cujus suffraganeus ipse erat Deinde venit dominus Rex usque Merleberge ubi Rex dedit Philippo de Brensa totum regnum de Limeric pro servitio sexaginta miliâ—um tenendum de ipso de Iohanne filio suo Nam Herebertus Willielmus fratres Reginaldi Comiâ—is Cornubiae Ioslanus de la Pumerai nepos eorum regnum illud habere noluerunt eo quod nondum perquisitum erat nam occiso a regalibus rege Monodero qui Rex erat de Limeric homo regis Angliae inde suerat quidam de progenie illius vir potens et fortis regnum de Limeric invasit cepit et potenter rexit nullam subjectionem faciens Regi Angliae nec suis obedire voluit propter infidelitatem eorum mala quae faciebant populo Hyberniae sine merito Rex vero Corcensis alii multi divites Hyberniae insurrexerunt in Regem Angliae suos erant novissima eorum pejora prioribus se mutuo interfecerunt By which president it is evident that King Henry by the advice of his Great Council of Prelates and Nobles of in England disposed both of the Kingdoms Crowns and Lands in Ireland to his Son and other subjects of England The same King Henry the 2. Anno Dom. 1182. aetatis annum inchoans quadragesimum nonum dum mentis et corporis incolumitate vigeret dum regnum suum undique tranquillae pacis commoditatibus frueretur apud Waltham Episcopi Winton REGNI CONVOCAVIT MAJORES Itaque prâ—â—sentibus illis et approbantibus quandam pecuniae partem in causas pias procurans Quaâ—raginta siquidem duo miliâ—a marcorum argenti quingentas marcas auri distribuit c. After this Pope Lucius An. 1185. sending a Letter to King Henry the 2d to take the Cross upon him and succour the holy Land by the Pâ—triarch and Master of the Hospital of Hierusalem who presented it to him together with the toy al banner and Keyes of the Lords Scpulcher and of the Tower of David and City of Ierusalem on the behalf of the King and Princes of the Land importuning his answer to their requests Domiâ—us Rex statuit eis terminum suae responsionis primam Dominicam Quadragesimae apud Londonias Ad quam Dominicam Dominus Rex Patriarcha et Episcopi et Abbates et COMITES et BARONES ANGLIAE but no Knights Citizens or Burgesses thereof Willielm REX SCOTIAE David frater ejus CUM COMITIBUS ET BARONIBUS TERRAE SUAE 〈◊〉 Londoniis et habito inde cum deliberatione consslio PLACUIT VNIVERSIS quod Dominus Rex consuleret inde Dominum suum Philippum Regem Franciae
to the Sheriffs hands I shall adde this memorable exposition of the Statute of Magna Charta c. 35. made by the King and greater part of the Bishops Earls and Barons of the Realm without the Commons touching the holding of Hundred Courts Wapentakes Court Leets omitted by Sir Edward Cook in his Commentary thereon which it better explains than his Annotations upon it Claus. 18. H. 3. m. 10. Rex Vic. Linc. salutem Quia audivimus quod tu Ballivi tui Ballivi aliorum qui Hundredum habent in Comitatu tuo non intelligitis qualiter Hundreda Wapentake teneri debeant in Com. tuo postquam concessimus omnibus de Regno nostro Libertates in cartis nostris quas indo fecimus dum fâ—imus infra aetatem Nos eandem Caâ—â—am nuper legi fecimus in praesentia Dom. CANIUAR ARCHIEP MAJORIS SANIORIS PARTIS OMNIUM EPISCOPORUM COMITUM ET BARONUM TO TIUS REGNI NOSTRI UT CORAM EIS ET PER EOS EXPONERETUR haec clausula contenta in Carta nostra de Libertatibus viz. Quod nullus Vicecomes vel Ballivus faciat Turnum suum per Hundredum nisi â—is in anno non nisi loco debito consueto viz. semel post Pascham iterum post festum sancti Michaelis Ita scilicet quod qui libet habeat â—ibertates suas quas habuit habere consuevit tempore H. Regis avi nostri vel quas postea perquisivit Unde à multis ibi dictum suit quod tâ—â—pore H. Regis avi nostri tam Hundreda et Wapentac quam curiâ—â— Magnatum Angliae solebant teneri de Quindena in Quindenam Et licet multum placeret communi utilitati totius regni indempnitati pauperum providere quia tamen illi duo Turnii plene non sufficient ad pacem regni nostri conservandam ad excessus tam divitibus quam pauperibus illatis corrigendos quae ad Hundredum pertinent De COMMVNI CONSILIO praedict Dom. CANTUAR OMNIUM praedict EPISCOPORUM COMITUM ET BARONUM ET ALIORUM ITA PROVISUM EST. Quod inter praedictos duos Turnos teneantur Hundredum Wapentakia etiam curiae Magnatum de Tribus septimanis in Tres septimanas ubi prius teneri solent de Quindena in Quindenam Ita tamen quod ad illa Hundred a VVapentakia Curias non fiat generalis summonitio siâ—ut ad Turnos praedictos set ad hujusmodi illa VVapentakia Curias convenient conquerentes adversarii sui illi qui sectas debent per quos teneantur placita fiant judicia nisi ita sit quod ad Hundreda illa VVapentakia fieri debeat Inquisitio de placitis Coronae sicut de morte hominis Thesauro invento hujusmodi ad quae inquirenda conveniant cum praedictis sectariis quatuor villatae proximae scilicet omnes de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda VVapentakia Curias tam Nostras quam aliorum teneri facias de cetero secundum quod praedictum eâ—t de tribus sepeimanis in tres septimanas exceptis praedictis duobus Turnit qui de caetero teneantur secundum quod prius teneri solebant T. R. apud VVestm 11. Octobris I shall only adde this one Record more proving that matters concerning Truces were resolved by King H. 3. the Spiritual and Temporal Lords in Parliamentary Councils without any Knights Citizens or Burgesses Claus. 19. H. 3. m. 20. Rex Roberto de Langeton Archidiacono Cant. Abbati de sancta Radegunda saluteâ— Super sollicitudine diligentia laudabili simul laboribus sumptuosis quas circa negotium nostrum expediendum quod vobis injunximus apposuistis urrique vestrum copiosas referrimus gratiarum actiones vobis quidem magister S. praecipuas speciales utpote ei cujus fidelitatem prudentiam plurimum commendamus Sciatis autem quod CONGREGATIS apud VVestmon in octabis sancti Hillarii vener patribus G. Cantuar Archiepiscopo EPISCOPIS COMITIBUS ET ALIIS FIDELIBUS NOSTRIS to wit the Barons and Great men not Commons as the subsequent clause attests Post diligentem tractatum habitum CUM IPSIS DE NEGOTIO TREVGARVM inter Nos Regem Franciae aliis agendis nostris visum fuit iisdem fidelibus nostris quod nullo modo sine verecundia opprobrio nostris Insulam de Olerone 〈◊〉 potuimus Comiti Marchiae pro coÌ„sensu suo adhibendo ad treugas inter nos ineundas nec in co consilium Nobis praestare vel consentire voluerint Sic enim praeter verecundiam quam inde consequeremus ab omnibus quibus factum nostrum innotesceret teneremur et pro remissis et minus valentibus haberemur et etiam pessimum perniciosum exemplum aliis qui in casu consimili ad similia petenda per hoc moverentur Vnde si per dâ—centas libras annuas Treugis durantibus ad consensum Treugarum possitâ—idem Comes induci pro Insula praedicta sicut alias locutum suit bene placeret tam Nobis quam praedictis MAGNATIBVS NOSTRIS et ad hoc laborare velitis quia priori conditioni consentire non esset honestum vel expediens c. T. Rege apud Westm. 27. Januarii I shall trouble you with no more Presidents or Records of this nature by way of Preface to this first part of my Register Kalender and Survey of Parliamentary Writs In which I have presented you onely with the several Writs of Summons directed to the Spiritual and Temporal Lords and Kings Counsil their ordinary Assistants intermixed with some other Writs and several forms of Procurations in my Observations on them which relate wholly or principally to the House of Lords Convocations and Clergy amounting to a just vendible Volume The several forms varieties of Writs issued to Sheriffs of Counties Wardens or Officers of the Cinque-Ports Dukes of Lancaster their Lieutenants or Chancellors and Sheriffs of particular Boroughsâ—made â—made Counties within â—emselves for electing Knights Citizens Burgesses and Barons of the Ports peculiar to the House of Commons with all sorts of Writs for proroguing continuing adjourning Parliaments or superseding them after summons to them upon extraordinary occasions relating equally to both Houses of Parliament and their Members together with some special Writs of Summons to the Kings Prelates Nobles Barons Great Officers and others of the Realms Lands of Scotland and Ireland to appear in at or before the Parliaments Great Councils Kings or Privy Counsil in England concerning the affairs or defence of Scotland and Ireland onely as likewise to particular Merchants Masters of Ships Forresters Lawyers learned men of both Universities and other Persons upon special occasions to attend the Parliament King Counsil with my particular Observations on them which I at first intended to have published in this Piece I shall if God send health life oportunity and incouragement by a
of Summons to the Temporal Lords reserving my General Annotations and Observations concerning Parliamentary writs for the Close of the first Part of this Brief Register Kalendar and Survey when they have taken a full view of all the several kindes and varieties of Parliamentary writs of Summons whereon they must be grounded 1. That as the Spiritual Lords and Barons are mentioned in all Great Councils Parliaments Prologues and Acts of Parliament before the Temporal Lords and Barons So generally for the most part the writs of Summons directed to them are first entred recorded in the Dorse of the Clause Rolls before the writs to the Temporal Lords though now and then the writs to the Prince of Wales and some other Temporal Peers are first enrolled but yet very rarely 2. That when there was an Archbishop of Canterbury in being the first writ of Summons to or Prorogation of Parliaments entred in the Rolls is generally that which issued unto him as Primate of all England if within the Realm or to his 〈…〉 absence out of it But when there was no Archbishop of Canterbury living the first writ 〈…〉 in the Roâ—â—s issued to the Archbishop of 〈◊〉 as Primate of England yet now and then the first writ of Summons entred is directed to the Archbishop of York when both are living and the writ to the Gardian of the Spiritualties of Canterbury 〈…〉 of that See is someâ—imes first entred before the writ to the Archbishop of York Yea if the Archbishop of York was a Cardinal and Canterbury none ye 〈…〉 of Summons as appears by Clâ—â—s 25 H. 6. m. 16. 24 dorso and 29 H. 6. m. 〈…〉 â—orso and other Rolls 3. That when both Sees of Canterbury and York were void the first writ entred was directed to the Bishop of London as in 22 E. 3. where the Archbishop of Canterbury was elected and confirmed but not installed and York quite void and sometimes to some other Bishop without any certain method therein observed 4. That in Claus. 6 Iohannis the first writ of Summons extant there is only one single writ of Summons without the Bishops name to whom it was issued and in Claus. 26 H. 3. only one single writ of Summons to the Archbishop of York without mention of any writs to other Bishops which yet no doubt had writs of Summons as well as he though not entred as some clauses in the bodies of both these writs do intimate 5. That in the Summons of 49 H. 3. the first and only writ registred is directed to the Bishop of Durham and 18 Abbots and Priors are listed in the Eodem modo mandatum est before the Archbishop of York and other Bishops 6. That the writs directed to the Archbishops of Canterbury always stiled them Venerabili in Christo Patri eadem gratia Cantuariae Archiepiscopo totius Angliae Primati That the writs issued to the Archbishops of York ever use this stile Venerabili in Christo Patri eadem gratia Eborum Archiepiscopo Angliae Primati leaving out totius And the writs sent to all other Bishops run thus Venerabili in Christo Patri eadem gratia Episcopo c. But iâ— any Archbishop or Bishop were made a Cardinal then the stile was Cardinali et Archiepiscopo Eborum et Cardinali et Episcopo Wynton as in Claus. 25 H. 6. m. 16 24 dorso 29 H. 6. m. 21. dorso and other Clause Rolls of Hen. 6. when York and Winchester were both Cardinals and Winchester is still placed whiles a Cardinal next after York The writs to Abbots Priors Gardians of Spiritualties of Bishops and other Ecclesiastical persons usually run in this form Dilecto sibi in Christo Abbati Sancti Augustini c or Priori de Lewes c. which I have here omitted in their writs for the most part with an c. to avoid frequent Repetitions and pâ—olixity 7. That in the Eodem modo and Kalendar of the Bishops names to whom writs were directed the Archbishop of York is for the most part first named yet somtimes he and his Suffragans are listed after all the Bishops of the Province of Canterbury sometimes before them sometimes intermixed with them In the entring of the Bishops names there is no certain order or method observed for sometimes the Bishop of Durham is first named other times the Bishop of London elewhere the Bishop of Winchester sometimes the Bishop of Rochester otherwhiles Chichester Now and then all the Welsh Bishops are named together after all the rest of the Province of Canterbury yet in some Rolls they are named promiscuously intermixed with the English Prelates as the writs came first to the Registers hands and not according to the Antiquity of their Sees or consecrations for ought I can discern by comparing their entries Only it is observable that Anthony Beak Bishop of Durham a very wealthy Prelat procuring himself to be made Patriarch of Ierusalem by the Pope was summoned by the Title of A. Patriarch Ierusalem et Episc. Dunolm in the Summons of 1 2 13 of Edward 2. Here p. 15 16. and entred next after the Archbishop of York in the Rolls 8. That the Bishops for the most part are named in the Rolls and entred by themselves before the Abbots and Priors yet now and then but very rarely they are intermixed with the Abbots and Priors as in 49 H. 3. dors 11. 9. That all the Archbishops and Bishops were usually summoned to all our Parliaments but not to Councils of State and that in person if in England or alive But when any Archbishop or Bishop was absent in forein parts the King usually sent writs of Summons to their Vicars Generals and when their Bishopricks were void by their deaths or translations to another Bishoprick to the Guardians of their Spiritualties to supply their places 10. That when any Archbishop Bishop or Abbot was elected only before his confirmation or installment the writ of Summons issued to him by the name of I. Electo Cantuanae electo Hereford c. If elected and confirmed but not installed then Electo Cantuariae or Hereford confirmato By which it is evident that Archbishops Bishops and Abbots only elected or elected or confirmed might be and were usually summoned to 〈…〉 likewise in their absence beyond the Seas Yea in 2 E. 2. dors 14. There is a writ issued R. Electo Dublin Episcopo in the Eodem modo registred amongst the Bishops of England next after the Patriarch of Ierusalem and Bishop of Durham 12. That the chief reason why sometimes there are more Bishops summoned to one Parliament than another is only the vacation of their Sees by their deaths or translations what the number of them was summoned to each Parliament I have mentioned in the grosse where I find them entred in the Rolle at large to avoid the repetition of their names which those who please may peruse in the rolls themselves 1â— That the first writs
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
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
of which we have a late memorable president in m Thomas Arundel of Wardour who being created by the Charter of the Emperour Rodolph the 2. COMES SACRI IMPERII una cum universa prole atque posteritate legitima mascula et faeminea in infinitum both for his eminent service in the wars against the Turks and the Nobleness of his Family yet it was with this special saving in his Paten Serenissimae tamen Principis et Dominae Elizabethae Reginae Angliae c. IURIBUS AC SVPERIORIT ATIBUS SEMPER ILLAESIS ET SALVIS yet the Queen with the English Barons would not acknowledg him for an Earl nor Baron in England upon any terms the Queen resolving That she would by no means permit any of her sheep or subjects to wear the badge or follow the whistle of any forein Shepherd or Prince but only her own In the dâ—bate of which case it was alleged by the English Peers Soâ—ius Principis esse NON ALTEâ—RIUS CUIUSCUNQUE suis Subditis dignitates destribuere juxta illud Valeriani Imperatoris Ea sit tantum dignitas quae nobis jubentibus sustinetur Ejusmodi titulos honorarios nec à Subditis accipiendos nec à Principe admittendos Principis enim Majestati et Subditorum obsequio multum detrahi si honores ab exteris accipere permittantur tacitum enim sidei pactum inter honorantem et honoratum intercedere videri Hujusmodi titulos illecebras esse occultas ad animos subditorum à suis principibus abstrahendos c. That Reginald Mohun created Earl of Somerset by the Pope in the reign of Henry the 3. was never acknowledged to be an Earl by the King and Lords nor Robert Curson created a Baron of the sacred Empire by Maximilian the Emperor acknowledged to be a Baron in England by King Henry the 8. or his Nobles till he created him a Baron himself by his Charter without giving him a voice in Parliament as King Iames created this Thomas Arundel such a Baron by Patent ut unbratâ—lem Baronis et Comitis Sacri Imperii titulum maturè obrueret Some say the Queen committed Arundel for receiving this dignity from the Emperor but William Marâ—yn assures us that Sir Nicholas Clifford and Sir Anth Shirley whom the French King for their Service in the wars received into the Order of S. Michael were laid in prison at their coming home charged to resign their robes and see that their names were blotted out of the French Commentaries It is the general received opinion of all Lawyers Civil Canon Commonâ— Heraulds and others who have written of Nobility that none but Emperors or Kings can create Dukes Earls Marquesses Lords Barons and Peers and that only within their own Dominions A Rege enimemanâ—â— it origo Dâ—gâ—itaâ—um Temporalium A Rege et Principe prostâ—uâ—t â—t derivantur tanquam a fonte omâ— es Magistratus et Dignitates qâ—ia in eo sunt omnes dignitatum thesauri recondâ—i Ad Regem solum spect at creare Comites Barones Princeps solus magnas Dignitates confer at Non dicâ—ur vera Nobilitas vel Baro ex infâ—udationâ— nisi â— Principe as they all unanimously resolve Hence Baldus and Alciat define a Baron to be one who hath merum justumquâ— imperium in aliquo Castro Oppidione CONCESSIONE PRINCIPIS In Bâ—hâ—mia Moravia â—ilesia Lusatia and other Provinces iâ—corporated to it Summam pâ—testâ—em obtinet Rex et non solum NOBILES 〈…〉 ET BARONES CREAT quemadmodum in Silesia ad quatuor primarios BARONATUS nâ—mo admittitur nisi vel ab IMPERATORE VEL REGE BOHEMIAE BARO CREATUS â—VERIT writes Nolden and Dubravius informs as that one Honora primum inter BARONES autoritate Caesaris Henâ—ici H. the 1. adâ—um PROCERUM gradum proveb batur quae nunc BARONES a quercu in Bohemia appellantur Franciscus Capiblancus resolves BARONUM nomine Comites aliâ—sque Titularios compraehendi nos dicimus Nam istud verbum BARO est scala et caput DIGNITAIV MREGALIUM And thence he inferrs Dignitas BARONALIS cum sit Dignitas et caput dignitatum sp cificè est tribuenda A PRINCIPE cujus est eas confâ—â—re cum ab eo fluant et refluant In France such Feiffs as are at the Kings pleasure and by his license erected into Baronies are the only Territories that give the Title of a BARON and the Lord thereof is stiled A BARON per le Conge du Prince as Mr. Selden proves out of Simon Marion Pâ—oydey 9â— who addes That when A BARONY came to the King of France by escheat or otherwise the Kings giâ—t of the BARONY by Charter made the Patentee A BARON without other Rules of Creation After which he proves by the Code of King Henry the 4. that the Titles and Honours of a Duke Marquess Earls and BARONY and their prerogatâ—ve A SOLO REGE TRIâ—â—I POSSVNT And in Spain all their great Dignitie and Titles of Nobility are not only originally derived from the King but most of them upon every death are received again FROM THE KING though not by any Charter of new Creation yet by the Kings acknowledgement of them by adding the titular Name to the heir who by his own name only without the addition of his Title signifies to the King the death of his Ancestor Therefore doubtless none but our Kings and Queens alone can create Earls Lords or Baronâ— of Parliament in England there being no one presidâ—nt in Anâ—iquity nor in any Emâ—ire or Kingdom in the world that I remember to the contrary and this I conceive to be most clearly resolved in and by the Statuâ—es â—f 27 H. c. 24 31 H. 8. c. 10. 28. That one of the first Bâ—rons created by Patent whose Patent is yet exâ—ant waâ— Iâ—hn de Beauchamp Stewâ—rd of the Houshold to King Râ—chard the 2. whose Patent runs in this form Richardus c. Sciatis quod pro bonis et gratuitis servitiis quae dilectus et fidelis Mâ—les noster Iohannes de Beauchamp de HOLT Senescallus hospitii nostri nobis impendit ac loco per ipsum tempore Coronationis nostrae hucusque impensis et quem pro Nobis tenere poterit in fururum IN NOSTRIS CONSILIIS PARLIAMENTIS necnon pro Nobili et fideli genere unde dâ—scendiâ— et pro suis magnisicis sensu et circumspectione ipsum Iohannem INUNUM PARIUM Aâ— BARONVM REGNI NOSTRI ANGLIAE PRAEFECIMUS Volentes quod IDEM IOHANNES HAEREDES MASCULI DE CORPORE SUO EXEUNTES STATVM BARONIS SVSTINEANT DOMINI DE BEAUCHAMP BARONES DE KIDERMINSTER NUNCUPENTUR In cujus c. datum 10 Octobris I finde this Iohn Beauchamp only once mentioned in the List of Summons in Claus. 11 R. 2. dors 24. dated 27 die Decembris within 3. moneths of his creation where he is stiled only Iohanni Beauchamp de Kiderminster but neither Dominus de Beauchamp nor
England most of the Earls and Temporal Lords attending on them in person in their wâ—rrs and voyages into forein parts as on Ed. 3 H. 4 5 6. 3ly The Civil wars hapning now and then between the King Lords and Barons upon which occasion some of the Temporal Lords whiles in open hostility and rebellion against the King were now and then as I conjecture left out of the Lists of Summons because they could not be conveniently summoned or would not appear upon any summons if sent them 4ly The attainders or Outlawries of some Earls Lords and Barons of High Treason for their wars Insurrections Rebellions or other Treasons against the King which disabled themselves and their Posterities to be summoned to Parliaments till pardoned or restored by the King to theiâ— honours bloud Lordships Baronies and Lâ—nds 5ly The Alieâ—ation of some Baronies by teâ—ure by sales gifts marriages escheats or otherwise from one person name family to another whereby the former Barons only by Tenure were no more summoned after such Alienations but the new Tenants who purchased or possessed them 6ly The deceases of some Earls Lords and Barons without heirs males of their Bodies or the Infancy or nonage of their heirs males at the time of their deathâ— who usually had no writs of summons till their full age though the Prince of Wales and Kings own sons were sometimes summoned to Parliaments during their Minority as will appear by comparing the dates of their wriâ—s with the time of their births mentioned in our Historians but few Nobles else were summoned during their Minority for ought appears Minors being unfiâ— to be Senators Counseâ—lors Judges in the Supremest Council Judicaâ—ure of the Realm as I have elsewhere proved 7ly Our Kings Liberty and Prerogative who though obliged by the anâ—ient Laws and customs of the Realm the Conâ—â—iâ—utions of Clarindon the Great Charter of King Iohn Ad habendum COMMUNE CONSILIUM REGNI aâ— Auxiliis assidendis et de Scutagiis assidendis 〈◊〉 faciemus Archiepiscopos Episcopos Abbates COMITES MAIORES BARONES REGNI SINGILLATIM PER LITER AS NOSTRAS c. ex debito Iustitiae as Sir Edward Cook informs us to summon EVERY ONE OF THE TEMPORAL LORDS BY DESCENT OR CREATION being of full age by writs to our Parliaments when held yet they have likewise a Freedom and Prerogative to create New Earls Lords Barons by special Writs or Patents or to Summon what particular Gentlemen and others of Parts and Abilities they please to their Parliaments and Great Councils to counsel and advise them as the exigency of their affairs shall require and they and their Counsel shall think necessary pro hac vice tantum or so oft as they deem necessary without creating them Earls Lords or Barons for life or inheritance by their general writs of Summons as I have elswhere evidenced 38. That the Eodem modâ— mandatum est c. And Consimiles literae diriguntur subscriptis in the Clause Rolls are for the most part general without defining the Degrees and Qualities of the persons underwritten except Dukes and Earls specified by their Titles but few else besides them And sometimes special As Eodem modo mandatum est Comitibus et Baronibus subscriptis Consimile mandatum habent singuli Comites BARONES MILITES subscripti Consimiles Literae diriguntur Comiâ—â—bus BARONIBUS MILITIBUS SUBSRIPTIS So as it is a difficult matter certainly to define by the large list of names which of them were real Lords and Barons of Parliament and which not except those only who were usually summoned and listed in the Rolls amongst the Lords and Barons and their posterity after them or such who are expresly stiled either Barons or Lords in the writs or lists of names of which I shall give you one instance In the summons of Claus. 5 E. 2. m. 25. dorso in the Eodâ—â— modo mandatum est Comitibus et Baronibus subscriptis there is this List of names with a particular distinction made of their Degrees in the Margin declaring all in that Catalogue to be Earls and Barons and in no Roll else upon my best observation Guidoni de Bello Campo Comiti Warr. Adamaro de Valenâ— Comiti Pembr Hâ—mfrido de Bohun Comiti Heref. Essex Iohanni de Warenna Comiti surr Edmundo Comiti Arundel Roberto de Veer Comiti Oxon. Hugoni de Veer Hugoni le Dispenser Iohanni de Hastings Ioh. de Gifford de Brimesfeld Willo Martyn Iohanni de Ferrar. Willo de Mareschall Roberto de Clifford Iohanni de Somery Roberto Fil. Paganâ— Iohanni Botetourte Roberto fil Walteri Pagano Tybetot Bartho de Badlesâ—ere Iohanni de Segrave Pho. de Kyâ—e Edmundo Deincourt Iohanni de Grey Rico. de Grey Iohanni la Ware Willo de Echingham Thomae de Furnivall Iohanni de Clavering Peero Corbet Rado Basset de Draiton Iohanni Dengaine Engayne Fulconi Lestrange Willo le Latymer Fulconi fil Warrini Roberto de Ufford Iohanni de Bello Campo de Somerset Hugoni de Courtenay Rado de Gorges Henr. de Lancastr Mauricio de Berkele Thomae Bardolfe Roberto de Monte altâ— Iohanni de Mohâ—â— An exact Alphabetical and Chronological Table of all Dukes Earls Marquesses Princes of Wales and forein Kings summoned to the Great Councils and Parliaments of England from 49 H. 3. to 23 E. 4. with the numbers of the Parliaments years and dorses of the clause Rolls of each King when there were two or more Parliaments in one year to which they were summoned or resummoned by Writs of Prorogation p. in the parentheâ—is signifying the part d. the dorse and the next figures the membranaes of the dorse or dorses wherein they are recorded The other dorses you may find in the forecited Writs A ALbemariae Thomas Duke of Albemarl or Aumarle Uncle to K. R. d 2. summoned to Parl. 9 R. 2. Edward Duke thereof 21 23 R. 2. 1 H. 4. Thomas Duke of Clarence Earl of Albemarle so stiled in his summons 1 2 3 4 H. 5. Aâ—â—gos Angos Danegoâ— or Anguish Gilbert de Vmfravil Earl thereof summoned to Parl. An. 25 d. 25. 27 d. 16 18. 28 d. 3. 17. 30 d. 9. 12. 33 â—4 â—5 Ed. 1. 1 d. 11. 19. Ed. 2. Robert de 〈◊〉 Earl thereof summoned 2 3. 12 d. 11. 29. 1â— 14 d. 5. 2. 15 16 17 18. d. 5. 21 23. 34 â— 2. Gilbâ—â—t de Umfrâ—vil 6 d. 4 9 19. 36. 7 8 9. d 8. 28. 10 d. 1 5. 12 13 d. 1. 28. 14 d. 23 33. 15. 16 d. 13 39 17 18 20 21 22 d. â— 7. 〈◊〉 23 24 25 26 27 28 29 d. 7 8. â—1 d. 2. 21. 32 33 34 d. 4. 35. 36 37 38 39 42 43 44 46 47 49 d. 4 6. 50 E. 3. 1 d. 37. 2 d. 13 29. 3 d. 13 29. 3. d. 32 R. 2. All these 3 Umfravils though the Title of their Earldom was Scotish were all originally English Barons of Prodhow Kime in Lancashire
11 d. 32. 12 d 2. H. 4. 1 d 9. 37. 2 d 16. H. 5. William de la Pool Earl thereof summoned 9 d 18 10 d 10. 11 d 16. 13 d 2. 20 d 27. Made and summoned as Marquess of Suffolk 23 d. 21. 25 d. 24. summoned as Duke of Suffolk 27 d 24. 28 d. 26. H. 6. Iohn Duke thereof summoned 49 d 6. H. 6. 6 d 1. 9 d 3. 12 d 41. 22 23 d 10. E. 4. Surrey Iohn de Warrenna Earl thereof summoned 23 d 9. 27 d 9. 16. 18. 28 d 3. 17 30 d 8. 13. 34 d 2. E. 1. 1 d 8. 11. 19. 2 d 11. 14. 20. 3 d 16. 17. 5 d 11. 17. 25. 6 d 3. 31. 7 d 16 27. 8 d 29. 35. 9 d 22. 11 d 8. 12. 14. 12 d. 11. 29. 13 d 13. 14 d 5. 29. 15 d 16. 17 d 27. 18 d 15. 21. 34. 20 d 4. E. 2. 1 p. 2. d 11. 16. 2 d 11. 15. 23. 31. 4 d 13. 32. 42. 5 d 7. 25. 6 d 4. 9. 19. 36. 7 p 2. d 3. 8 d 18. 9 d 8. 28. 10 d 1. 5. 11 p 1. d 8. 15. p 2. d 11. 40. 13 p 2. d 1. 28. 14 p. 1. d. 23. 33. 15 p. 1. d. 37. 16 p. 1. d. 39. p. 2. d. 13. 22. 17 p. 1. d. 25. 18 p. 1 d. 14. 20 p. 1. d. 22. 21 p. 1. d. 28. E. 3. Thomas Holland Duke of Surry summoned 21 p. 1. d. 27. 23. d. 3. R. 2. 1 d. 37. H. 4. V ULâ—on Liâ—â—â—l the Kings Son Earl thereof summoned 34 d. 4. E. 3. sent into Ireland with an Army 35 E. 3. d. 33. 36. E. 3. d. 42. W WAles Edward eldest Son of Ed. 2. Prince of Wales c. summoned 30 d 8. 13. 32 d. 2. 33 d. 10. 31. 34 d. 2. E. 1. Edward eldest Son of Ed. 3. Prince of Wales c. summoned 24 p. 2. d. 3. 25 p. 1. d. 5. 26 d. 14. 27 d. 12. 28 d. 26. 31 d. 2. 34 d. 4. 42 d. 22. 44. d. 1. 46 d. 9. 10. 47 d. 13. E. 3. Richard ` Prince of Wales stiled the Kings Son though his Grandchild onely summoned 50 p. 2. d. 6. E. 3. Henry Prince of Wales c. summoned 1 2 p. 1. d. 3. 3. d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 9 11 d. 32. 12 d. 2. 14 d. 22. H. 4. Edward eldest Son of E. 4. Prince of Wales summoned 22 23. d. 10. E. 4. Warenne Iohn Earl thereof summoned 23 d. 3. 24 d. 7. E. 1. Warwick William de Bello-campo Beauchamp Earl thereof summoned 23 d. 3. 9. 24 d. 7. 25 d. 25. E. 1. Guido de Bello Campo Earl thereof summoned 27 d. 16. 18. 28 d. 3. 17. 30 d. 8. 13. 32 d. 2 33 d. 21. 35 d. 13. E. 1. 1 d. 11. 19 2 d. 11. 14. 20 3 d. 16. 17. 4 d. 1 5 d. 11. 17. 25. 6 d. 3. 31. 7 d. 16. 17. 8 d. 35. E. 2. Thomas de Bello-campo Earl thereof summoned 4 d. 13. 32. 41. 5 p. 1. d. 7. 25. p. 2. d. 7. 6 d. 9. 19. 24 36. 7 p. 2. d. 32. 1â— p. 2. d. 1. 28. 14 p. 1. d. 33. 16 p. 1. d. 39. 17 p. 1. d. 14. 21 p. 1. d. 32. p. 2. d. 3. 7. 23 p. 1. d. 23. 24 p. 2. d. 3. 25 p. 1. d. 5. 26 p. 1. d. 14. 27 d. 12. 28 d. 26. 31 d. 21. 32 d. 14. 34 d. 4. 36 d. 16. 42 d. 22. 34 d. 24. 44 d. 1. 46 d. 4. 49 d. 4. 6. 50 p. 2. d. 6. E. 3. 1. d. 37. 2 d. 13. 29. 3 d. 32. 4 d. 32. 5 d. 40. 6 d. 37. 7 d. 10. 37. 8 d. 35. 9 d. 46. 10. d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d 30. 18 d. 23. 20 p. 1 d. 15. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. H. 4. Richard Earl thereof summoned 5 p. 1. d. 28. p 2. d. 4. 6 7 d. 30. 9 d. â— 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 9 37 2 d. 16. 4 d 16. 8 d. 2. H. 5. 1 d. 22. 2 d. 18 3 d. 3. 6 d. 4. 7 d. 2. 10 d. 10. 11 d. 10. 13 d. 2. 15 d. 18. 29 d. 41. 31 d. 36. 33 d. 36. 49 d. 6. H. 6. 1 d. 31. 2 d. 3. 6 d. 1. 9 d. 3. E. 4. Westmerland Ralf de Nevil Earl thereof summoned 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1 28. p. 2. d. 4. 6 7 d. 30. 8 d. 2. 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 5. 37. 2 d. 16. 3â— d. 15. 4 d. 16. 5 d. 11. 7 d. 9. 8 d. 2. 9 d. 13. H. 5. 1. d. 22 2 d. 26. 3 d. 9 7 d. 2. 9 d. 18 10 10. 11 d. 10. 12 d. 1. 13 d. 2. 15 d. 18 18 d. 33. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 28 d 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. 49 d. 6. H. 6. 1 d. 35. 2 d. 3. 6 d. 1. 9 d. 3. 12 d. 41. 22 23 d. 16. E. 4. Wigorne Worcester Thomas de Percy Earl thereof summoned 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. Richard Earl thereof summoned 8 d. 2. H. 5. Iohn Earl thereof summoned 28 d. 26. 29. d. 41. 31 d. 36. 33 d. 36. H. 6. 2 d. 3. E. 4. Edward Tibetot Earl thereof summoned 6 d. 4. E. 4. Wilts Wiltshire Wiltes Iames Earl thereof summoned 28. d. 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. H. 6. Iohn Earl thereof summoned 12 d. 41. E. 4. Winton Winchester Hugh le Dispencer Earl thereof summoned 16 d. 26. 17 d. 27. 18 d. 5. 15. 21. 34. 19 d. 27. E. 2. Y YOrk Edmond Duke thereof summoned 9 d. 45. 10 d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d. 3. 30. 20 p. 1. d. 15. 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 8 d. 2. H. 4. Edward Duke thereof summoned 9 d. â— 11 d. 26. 12 d. 3. H. 4. 1 d. 9. 37. 2 d. 16. H. 5. Richard Duke thereof summoned 11 d. 10 13 d. 2. 18 d. 3. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 29 d. 41. 31 d. 36. 33 d. 36 H. 6. An Exact Alphabetical and Chronological Table of all the Temporal Lords Baâ—ons Viscounts and Great Men summoned to Parliaments and Great Councils in England from 49. H. 3. till 23. E. 4. with the years dorses of the Clause Rolls in each Kings Reign and Numbers of the Parliaments to which they were summoned p. in the Parenthesis signifying the part of the Clause Roll of the year
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
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
moved the King to shew mercy to them were put to several fines The 2. is in the Placita coâ—amâ—ipso Rege Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. the Archbishop of Yorkes case Johannes Archiepiscopus Eborum attachiâ—tus fuit ad respondendum Damino Regi de plaâ—iâ—o quare cum placita de Imprisonamento et aliis Transgressionibus in regno Regiâ— contra pacem Regis factis ad Regem coronam et dignitatem suam specialiter pertineant Idem Archiepiscopus per Johannem Priorem de Bolton in Cravene Commissarium suum in venerabilem Patrem Antonium Episcopum Dunolm dum nuper in partibus Borialibns in obsequio Regis juxta laâ—us suum per praeceptum ipsius Regis sub protectione extitit pro eo quod Ballivi esusdem Episcopi Willielmum de Wrleton 〈◊〉 Johannem Roman apud Dâ—nolm inventos ceporunt et imprisonaverâ—nt Excommunicationis sententiâ—m in Regis contemptum et Coronae dignitatis suae laesionem contra reverentiam Regis in hac parte debitam in dispectum ipsius Regis viginti Mille librarum fecit fulminari et illam Excommunicationem demandari Propter quod idem Rex taâ—um contemptum tantum irreverenti 〈◊〉 sibi illatamâ—ransire impunitam sustinere non valens maxime cum tam ipse Rex quam praellictus Episcopus quanium in ipso suit praefato Willielmo Johanni de imprisonamento praedicto celeris justitiae complementum juxta regni consueâ—udinem semper fuerunt parati exhibere c. After the Archbishops Plea thereto and a long debate of the business in Parliament Videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Iusticiariis similiter toti Consilio ipsius Domini Regis quod praedictus Archiepiscopus quantum in ipso fuit nitebaâ—ur occupare usurpare super Coronam Regiam et Dignitatem in casuâ—isto deliberationes imprisonatorum contra legem et consuetudinem regni et Contra â—â—dem in qua idem Archiepiscopus Domino Regiet Coronae suae astringitur ad exhaeredationem Doâ—â—ni Regis et haeredum suorum manifestam Propter quod per Comites Barones et Iusticiarios et dinnes alios de Constlio ipsius Domini Regis concordatum est quod praedictus Archiepiscopus committatur prisonae pro offensa transgressione praedictis Et super hoc ante Iudicium pronunnciatum licet unanimiter de consilio praedictorum Magnatum et aliorum concordatum fuisset tenendum in hoc casu et similiter in casibus consimilibus imperpetuum praedictus Archiepiscopus Maguates et alios de Consilio ipstus Domini Regis rogavit quod pro eo Dominum Regem requirerent ut Ante Pronuntiationem Judicit ipsum ad gratiam suam admitteret Et Dominus Rex ad instantiam eorundem Magnatum de gratia sua speciali hoc idem ipso Archiepiscopo concessit Et idem Archiepiscopus humiliter supplicavit quod possit de omnibus praemissis alto basso Voluntati Domini Regis se submittere Which the King assenting to at the Lords request Dictum est eidem Archiepiscopo sub gravi forisfactura quod non recedat à Parliamento isto â—onec super praemissis Domini Regis audivit voluntatem Postea venit praedictus Archiepiscopus et fecit finem Domino Regi pro Transgressione praedicta pro quatuor millibus marcarum per scriptum suum obligatorium 5 others being bound with him for due payment thereof to the King It is observable that in all these Pleas Proceedings Judgments there is no mention at all of the Knights Citizens Burgesses or Commons in Parliament no sharâ—rs in them but only of the King Archbishops Bishops Earles Barons Justices and Kings Counsell 4ly The power of the Kings Counsell and Judges in Parliament is evident by sundry Prefaces to and passages in our printed Acts of Parliament as namely by the preface of the printed Statute of Bigamie 4. Octoâ— An. 4. Ed. 1. In the presence of certain Reverend Fathers Bishops of England and OTHERS OF THE KINGS COVNSELL the Constitutions underwritten were recited after heard and published before the King and HIS COVNSELL forasmuch as ALL THE KINGS COVNSELL AS WELL IVSTICES AS OTHERS DID AGREE that they should be put in writing for a perpetual memory and that they should be stedfastly observed c. By the exposition of the Statute of Gloucester An. 6. E. 1. made by the King and HIS IVSTICES By the Statute of Morâ—main An. 7. E. 1. which recites Wee by the advice of our Prelates Lords Barons and other our Subjects BEING OF OVR COVNSELL have provided made and ordained c. By the Statute of Acton Bnrnell 13. E. 2. Forasmuch as Merchants c. The King for himself and BY HIS COVNSELL hath ordained and established c. The Prologue to the Statute of Wesâ—m 2. An. 13. E 1. Whereas of late our Lord the King the 6. year of his reigne calling together the Earles Prelates Barons and HIS COVNCELL at Glocester c. so as there were writs of summons then issued to them all though not entred in the Clause Rolls of 6. Ed. 1. nor any other now extant By the Statute of Merchants An. 13. E. 1. The King and HIS COVNSELL at his Parliament holden at Acton Burnell the 11. year of his reigne â—ath Ordained establishments thereupon for the remedy of such Merchants which Ordinances and establishments the King commandeth that they shall be firmly kept throughout the Realme By the Statute of Wast Anno 20. E. 1. Other Instices with the more part OF THE KINGS COVNSELL were of the contrary opinion c. Wherefore our Lord the King in his full Parliament in the 20th year of his reigne by A GENERALL COVNSELL hath ordained c. Articuli super Chartas An. 28. E. 1. c. 2. Neverthelesse the King and HIS COVNSELL do not intend by reason of this estatute to diminish the Kings Right for the ancient Prises due and accustomed And ch 20. Notwithstanding all these things c. both the King and HIS COUNSELL and all they that were present at the making of this Ordinance will and intend that the right and prerogative of his Crown shall be saved to him in all things The Statute for Escheators Anno 29. E. 1. At the Parliament of our sovereign Lord the King By his Counsell it was agreed and also commanded by the King himself c. according to advice of c. Treasurer to the King Chancellor and other of the Counsell there present before the King c. By the New Statute of Quo Warranto 30 E. 1. Cum nuper in Parliamento nostro aâ—uâ— Westm. per Nos et Consilium nostrum provisum sic et Proclamatum quod Praelati Comites Barones alii c. By the Ordinance for Inquests 33. E. 1. It is agreed and ordained by the King aud all his Counsell c. By Ordinatio pro statu Hyberniae An.
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
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
one body contrary to their very fundamental Laws Constitutions Rights Priviledges to their grand prejudice and dishonour Therefore there is no reason for either of them to submit and conform thereto The rather because this Instrument was never ratified by any but opposed by every publick Convention since its publication yea totally set aside if ever valid by the last of them in and by this clause of their humble Petition and Advice Artic. 3 4. That the number of persons to be elected and chosen to sit and serve in Parliament for England Scotland and Ireland and distribution of the persons so chosen within the Counties Cities and Burroughs of them respectively may be according to such proportions as shall be agreed in this present Parliament which agreed nothing concerning the same And both the Instrument and Advice being now set aside by those in present power by issuing Writs for electing Knights Citizens and Burgesses throughout England according to the ancient Laws Usage Custome and not according to the Instrument or Advice by which the English and Commons House are now remitted to their old Parliamentary Rights Priviledges They are obliged upon all these Reasons Authorities and Considerations henceforth to seclude all Scotish and Irish Knights Citizens Burgesses or Peers from sitting or voting amongst them as Members and ought to treat with them onely as Delegates or Commissioners sent from both Nations touching such affairs as particularly relate to Scotland and Ireland according to ancient and late Presidents but not to permit them any place or vote at all in the Commons or Lords House as joynt-Members Legislators with the English in the Parliaments of England 7. Because the thrity persons to be chosen for Scotland and the other thirty for Ireland and the several Counties Cities and Borroughs within the same to represent and oblige both these Kingdomes and Nations as their Representativees and Attornies are not to be elected by the generality of both Kingdomes as in justice reason equity they ought to be but by such as the Major part of the Council at Whitehall shall prescribe as the 9th Article in the Instrument declares some whole Counties and eminent Cities in both Kingdomes having no voices at all in the Elections of these Members and therefore not to be obliged by them as 44. E. 3. f. 19. 11. H. 7. 14. 21. H. 7. 40. 23 H. 8. Br. Lert 27. 7. H. 6. 35. 6. Dyer 373. b. resolve This being a general Rule in Law Justice Reason inserted into the very Writs of Summons to Parliament Claus. 24. E. 1. m. 7. dorso here p. 6. Ut quod omnes tangit ab omnibus approbâ—tur And the sole reason why Acts of Parliament oblige all those who send Knights and Burgesses to them and not tenants in Ancient Demesn is onely this because they assent unto them in and by their representatives as the Statute of 1 Iac. c. 1. 4. H. 7. 10. Brooke Parliament 25. 27. 41. Ash Parliament 10. and Proclamation 39. and the Law-books Authorities there collected to this purpose determine 8. In the Parliament of a Caroli the Lords Spiritual and Temporal then in Parliament assembled exhibited this Petition to the King That whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of these Kingdomes resident here with their families and having their estates among us do by reason of some late created dignities in those Kingdomes of Scotland and Ireland claim precedency of the Peers of this Realm which tends both to the disservice of your Majesty aâ—d to the diâ—paragement of the English Noâ—ility as by these Reasons may appear 1. It is a nobelty without President that men should inherit honours where they possess nothing else 2. It is injurious to those Countries from whence their Titles are derived that they should have a voâ—e in Parliament where they have not a foot of Land c. Upon the consideration of which inconveniencies they humbly beseeched his Majesty that an order might be timely setled therein to prevent the inconvenience to his Majesty and redress the prejudice and disparagement to the Peers and Nobility of this Kingdome occasioned thereby which the King promised to do And is it not a far greater inconvenience prejudice and disparagement to the Nobility Gentry and Parliaments of England yea a greater Novelty and Injury than this they then petitioned against not only for the Nobility but for the very Knights Citizens Burgesses of Scotland and Ireland to sit with and take place of the ancient Peers Knights Citizens and Burgesses of England according to their several Titles and to enjoy an equal vote judicature priviledge with them in every particular in the very Parliaments of England which they never formerly did though they have not one foot of Land in England nor the English any vote of place in their Parliaments No doubt it is Therefore as fit to be timely redressed as that grievance upon the self-same grounds being more universal prejudicial and dishonourable to the whole English Peerage Parliament and Nation than this which concerned the English Peers alone and that onely out of Parliament 9. This number of Members sent from Scotland and Ireland to the Parliaments of England holds no just not equal proportion or distribution with the numbers of Members which they formerly elected and sent to their own respective Parliaments in Scotland and Ireland as is evident by the Irish Statutes of 18 E. 4. c. 2. 10. H. 7. c. 16 38. H. 8. c. 12. 33. H. 8. c. 1. Cookes 4. Iustit c. 75 76. and Regiam Majestatem nor yet in reference to the number of the Members and Parliament-men in England being near ten to one to the Members of both these Nations conjoyned which inequality upon all occasions may prove very prejudicial to them both 10. It will be an extraordinary grievance oppression expence vexation mischief delay and obstruction of Justice to all the Inhabitants of Scotland and Ireland not onely to bear the Expences of all the Members they send to the Parliaments of England but to be enforced to resort unto them in person together with their Witnesses Evidences and Council for all grievances oppressions injuries errors complains and misdemeans in Officers or Courts of Justice formerly redressed and remediable onely in their own proper Parliaments much nearer home and now only to be heard examined redressed determined in the Parliaments of England as the Claus. Roll. of 39. E. 3. M. 12. De erroribus corrigendis in Parliament is tenend is in Hibernia printed in my Epistle to my Argument of the case of the Lord Magâ—â—re most fully and excellently resolves And the multitudes of complaints out of all three Kingdomes will prove so great in every Parliament that it will be impossible to hear and determine the moity 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
House of Lords who should have restrained reformed these their unparallelld extravagancies which I could prove by hundreds of sad Instances and have briefly hinted in my â—lea for the old Lords page 413. to 419. For which very reason they ought now to be restored being an excellent Bank and Screen between the Prince and People to assist each against any encroachments on the other and by just judgements to preserve that Law which ought to be the Rule between every one of the three and trusted with a Iudicatory power to this very end 3ly Some of those very Members of the late Commons House Army and Whitehall who would disseise them of their House Privileges Birthrights and antient Iurisdiction before they took upon them the Title of Lords or of the House of Lords as pretended Members of the Commons House a little before and since their votes against the old House of Lords as Committees of that House or Commissioners in their new â—rected High Courts of Iustice Members of the Counsil of State at White-Hall or Counsil of Army-Officers or Major Generals and Deputy Major Generals have acted a thousand times more exorbitantly arbitrarily tyrannically to the subversion of the Fundamental Laws Liberties properties Government Justice of the Nation oppressing improverishing vexing dishinheriting destroying enslaving of the Freemen of England than ever any old Lords or House of Lords or Kings of England in Parliament heretofore did in any age whatsoever Witness their usurpations of a more than absolute Parliamentarie power to themselves by their own Votes Orâ—ers Declarations alone to alter new model over and over the whole frame of our Parliaments Laws and publike Government their electing Knights Citizens Burgesses for what they stiled a Parliament without the least privity or election of the people their dissolving declaring the long Parliament to be dissolved against an expresse Act of Parliament their repealing many old Lawes Acts Oathes enacting new Lawes contrary to them creating New Treasons and misprision of Treasons yea imposing heavy excessive New Taxes Customes Excises of all sorts on the three Nations not only in their private Westminster conventions but by their Armie and Whitehall Ordinances amounting to a large Folio Volume without any Parliament or legall Act of Parliament ordering them to be levyed by fines forfeitures sales of the refusers reall and personal esâ—ates imprisonments soldiers quartering and the like Injoysing All Courts of Iustice Iudges Iustices Sheriffs Officers of this Commonwealth Counsellors Attornies and other Persons to conform themselves accordingly without any opposition or dispute whatsoever and committing their very Counsel to the Tower as Traytors or Grand Delinquents only for arguing their Cases upon an Habeas Corpus in Westminster Hall according to Law and their Duties Their taking away the lives liberties or estates freeholds of thousands without any legall Triall or Indictment of their Peers their banishing confining imprisoning close imprisoning hundreds yea thousands at a time upon meer fears and jealousies and binding them and all their servants in excessive bonds with sureties their disfranchising Maiors Bailiffs Aldermen others in corporations enforcing divers to release their legall actions Judgements Executions and committing them at their pleasures till they did it against the expresse tenour not only of the Grand Charter Petition of Right and other Acts but the very letter of the late Act For preventing of Inconveniences happening by the long intermission of Parliaments The Acts for the 3. first subsidies of Tonnage and Poundage The Act for regulating the Privy Counsell For declaring unlawfull and void the late proceedings touching Ship-mony and other Acts passed by some of their own Votes in the Parliament of 16. and 17. Caroli of which or the like exorbitances no ancient Peers or House of Lords were ever yet guilty And if some of those persons who would usurp or abridg the old Lords power have been so arbitrarie tyrannical in all kinds before they claimed the Title of Lords or House of Lords how exorbitant in all probability are they likely to grow in a short time having Command in the Armie and other Courts if they should be established in their new Lordly Power and the old House of Lords put by who should correct restrain these their unparalelld Excesses for the whole Nations ease and benefit 4. If these new Peers be in truth Law Herauldry no true or real Lords Barons Peers of the Realm by their Writs of Summons for the premised reasons but meerly imaginary Titular and false ones like those created by the usurper King Stephen then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them according to the tenour of the Writs of Summons nor establish any settlement that can be reputed legal or obligatory to Posteritie in a Parliamentary Way if the ancient reall Peers and legal House of Lords be set aside and disowned And therefore they must of necessity own close with them alone and remit them to their old hereditary right else they can never make nor expect any real lasting settlement of our distracted State and Government and all they vote will quickly prove abortive illegitimate as the late New-models Instruments and Advices have done 5ly The setting aside the ancient Lords and House of Peers and establishing their very Disseisors in their places as the only future Lords and House of Peers will both justifie all their recited Exorbitances Excesses Violences Tyrannical proceedings against the old Lords their Fellow Commons others transcending Straffords Caterburies and the worst old Counsel-Table Lords excesses by many degrees ratifie yea reward crown them with the highest publick Honour Trust Power they are capable of even in Parliaments themselves Which will not onlie probably excite encourage others in succeeding times to the like dangerous extravagancies excesses to the publick prejudice and desolation but animate them when setled in their new Lordly Authority to pursue their former practises and turn greater Tyrants Oppressors in all kinds then formerly they have been to the utter enslaving of our Nations and embroyling them in new Tumults Yea how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times is worthy sad and serious consideration For if the Commons House shall not onlie silently connive at but openly approve and assent to the dissolving suppressing of the old Lords and their House by pretext of former illegall unrighteous Votes meer nullities by all Lawes made by a Fragment of a dissolved House of Commons sitting under a force not having the least Jurisdiction or power of Judicature over them against all rules of Justice the very fundamental Lawes of the Land the undoubted Rights and Priviledges of Parliament Prescription time out of mind all old late Acts Records of Parl. their very Solemn League Covenant Protestation and hundreds of late Declarations and Remonstrances to the contrary They may justly
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by
death but with all speed and cate to restore every Member bone joynt to its proper place posture office and preserve them from subsequent dislocations and fractures So it hath been and will be with this body Politick It will never be reduced to its pristine health soundness vigor use ends or become medicinal to settle or advance the publike weal of the Nation till all its dislocated broken Members be restored to their due places and power in it without which it will soon come to utter desolation as 1. Cor. 12. 12 to 31. Gal. 5. 15. Mat. 12. 25. Isa 19. 2. 14 15. Prov. 30. 21. 22 will assure all carnal Politicians who think the contrarie 22. That as it was the prudence policie justice of our Parliaments Nobles Great men in former ages not to vote conclude or enact any thing in Parliament when any of their chief Members were absent or not summoned or restrained from them and to determine all Great Affairs in FULL PARLIAMENT So it was also their special care to preserve the Jurisdiction of the Kings Courts of Common Law as a chief right and flower of the Crown and the antient Lawes and Customs of the Realm against all incroachments upon them by Popes Bishops or anie others as is evident by sundry instances elsewhere cited and by this memorable Writ of Prohibition isiued in King H. 3 his name on the behalf of the Nobles of England to the Bishop of Durbam Proving the interpretation of the Laws and Customs of the Realm in anie doubtfull cases of publike concernment to belong only to the King and his Nobles assisted with the Iudges and Counsil not to the Clergy Commons or anie other person or persons Râ—x Waltero Episcopo Dunolm salutem Cum secundum Leges et Consuetudines regni nostri quaeâ—tio de Jure Patronatus Ecclesiarum Regni ejusdem adjus dignitatem Coronae nostrae pertineat et de soro nostro vel eorum qui Regalia jura de nostravel Praedecessorum nostrorum largitione susceperunt de plano existunt Ac de COMMUNI CONSILIO PROCERUM NOSTRORUM DUXIMUS PROVIDENDUM ET FIRMITER STATUENDUM ut leges â—t consuetudines Regni nostri super hiis et aliis ab omnibus observentur qui concessis fibi regalibus et aliis Libertatibus gaudent vel de unitate ac pace nostra et regni nostri censeri voluerint Cumque interpraetationes Legum et Consuetudinum praedictarum AD NOS ET PROCERES NOSTROS PERTINEANT NEC AD ALIVM VEL ALIOS ipsas leges vel consuetudines declarare vel interpretari possit aut debeat pertinere Vobis DE CONSILIO PROCERVM NOSTRORVM PROHIBEMVS ne â—icut usum Regalium libertatum quas vos habere praetenditis gaudere volueritis alicui interpraetationi per quemcunque alium factae vel faciendae innitamini vel aliquid per eam fieri procuretis vel fieri pronunciatis contra leges et consuetudines in regno nostro usitatas et hactenus observatas Maxime cum secundum leges et consuâ—tudines supradictas judicari debeat ad quos vel quem et per cujusmodi assignationes seu concessiones debeat jus Patronatus cum Maneriis vel Feodalibus in Regno nostro ad alios transire Quod si super re praedicta aliter fieri seu judicari contigerit ipsas libertates regales praenotatas ad Nos per vestrum abusum censemus devolvendas Teste Rege apud Westin 11. die Septembris Per Comitem Gloucestriae Hug. le Bigod Justic. Angliae EX PARTE MAGNATUM What else is worthie Observation from or concerning these or other Parliamentarie Writs I shall adjourn to the succeeding Parts of this Register Kalendar and Survey till whose publications Dimidium facti qui benè caepit habet FINIS a The 2. pâ—rt of a short Deâ—urrer to the lews long discontinued Remitter into England p. 136 c. b See the Exact Abridgment of the Records in the Tower and my Table there to Title Statutes c See the fiâ—st part of my short Demurrer to the Iews long discontinued Remitter into England p. 36 37 49. 53 54 c. d See Pultons Statutes at large Lond. 1618. p. 115. Rastals kalendar of Statutes in the end of his Abridgment and Tottles Magna Charâ—ta out of which they transcribed them a 〈…〉 b 〈…〉 c â—er 30. 13. d Lu. 4. 23. e Rev. 22. 2. f Propertius p. 134. g Pliny Praefatio in com 1. Nat. Hist. * 7 E. 1. Rastal Armor 1. * Cook 4. Instit p. 14. * 4 E. 3. rot Parl. n. 1. 21R 2. c. 12. 31H 6. c. 1. 3 â—ac c. 1 2. Exact Collection p. 200. c. A Collection P. 201 202. * 21 R. 2. c. â— * In my Summary Collections c. and Breviate h Eadmerus Hist. Novor l. 3. p. 67 68. i Eadmerus l. 4. p. 83 84 85. k Eadmeruâ—â— 4. p. 86. l Hoveden Annal. pars pâ—sterior p. 56â— 567. m Râ—dâ—lph de Diceto Ymagines Histor. col 613. n Hovâ— Anna. 〈◊〉 P 6â—8 629. a Flores Hâ—st paâ—s 2. Anno 1199. p. b Annalium pars posterior Ann. 119. p. 793. c Hâ—st Aâ—g p. 1â—9 1â—0 e Annal. pars postâ—rior P. 806. to 810. g Pag. â—803 g Ibid. p. 795 796. h Pat. 5. Johan Regis m. 1. n. 3. Seldens Title of Honor p. 707. x â—ist Ang. p. 204. y Mat. Paris p. 201. Maâ— Westm. p. 83. z Mat. Paris p. 204. Mâ—t. Westm. p. 83. * 7. H. 4. c. 15. 8. H. 4. Rot. Paâ—l 83. 139. * Mag Carta c. 35. * Mat. 7. 6. a Ad herenicum p. 21. b Natural quaest l. 7. p. 933. c Psal. 77. 5. d Jer. 6. 16. e Job 12. 12. f Luk. 5. 39. a Antiquity triumphing over Novelty p. 8. to 109. The 2 3. Part of a Seasonable Historical Legal Vindication c. my Plea for the Lords and House of Peers A Breviate of the antient Great Councils and Parliaments of England b Claus. An. 6. Johann Rs. m. 3â— dorso Mr. Seldens Titles of Honor Book 2. ch 5. §. 20. p. 708. c Claus. An. 26 H. 3. m. 13. dorso Seldens titles of Honor p. 717. d Claus. 49 H. 3. dors 11. in Scedula Selden Tiâ— of Honor p. 717. My plea for the Lords p. 259. De Parliamento tenendo d Claus. 24 E. 1. m. 7. dors DeParliamento tenendo Pravisa See Walsingham Hist. Angl. An. 1297 1298 p. 34 35 36. Clerus ob constitutionem Bonifacii hoc anno ediâ—am quae prohibet sub poena ex communicationis ne talliae vel exactiones a Clero per seculares Principes quocunque modo exigantur vel eis solvantur de rebus Ecclesiae Rege pro werra sua petenti subsidium denegavit Rex autem ut de meliori responso deliberarent negotium in aliud Parliamentum â—enendum Londoâ—iis in crastino sancti Hillarii distuliâ— Parliamentum coactum est Londoniis post â—estum sancti
King being both Caput Principium finis Parliamenti as Modus tenendi Parliamentum Sir Edward Cooke and others resolve our Parliaments living and dying with our Kings and determining when summoned and sitting by the Kings decease since they can neither treat nor confer with him of any businesses concerning him or his Kingdome nor be his Parliament after his death as the Parliaments of 1. H. 4. rot Parl. n. 1. 2. 3. 1. H. 5. rot Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge the Parliament of 23. R. 2. dissolving by this resignation of the Crown and the Parliaments of 14 H. 4. and 24. Iacobi being dissolved by their respective deaths as their Judges and Parliaments resolved and the Parliament of 18. Caroli by the self same reason as I have elsewhere evidenced seeing hee could neither vobiscum cum caeteris Magnatibus Proceribius Regni nostri colloqaium habere Tractatum super diversis arduis negocâ—is Nos Regnum nostrum coâ—tingentibus nor the Commons do and assent hiis quae tunc ibidem per Nâ—s c. ordinari contigerit super negotiis antedictis as the Writs of Summons and Prorogation prescribe 8. That when ever there was a Custos Regni during the Kings absence in forraign parts or a Protector during his Minority the Writs of Summons and Prorogation issued alwaies in the Kings stile name and by his authority and direction and the Teste onely in the Custos or Protectors name with a per ipsum Regens per ipsum Regem Consilium or per ipsum Regem Custodem consilium subjoyned 9. That when our Kings could not be personally present at any Parliament by reason of their wars sickness extraordinary occasions absence in forraign Parts or minority they held them by a Custos Regni or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal to hold these Parliaments in his Name and Stead which were publickly read at the beginning of the Parliament and entred in the Parliaments Rolls for which I shall present you with these presidents onely omitting all others of this kind agreeing with them or varying little from them in form or substance The first is this Anno 13. E. 3. Rot. Parl. n. 4. Edwardâ—s Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus omnibus aliis ad instans Parliamentum nostrum apud Westm. summonitum conventuris salutâ—m Cum dilectus fidelis noster Edwardus Dux Cornubiae Comes Cestr. filius noster carissimus Custos Regni nostri propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse de circumspectionis industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis discretorum virorum Magistri Willielâ—i de le Zouche Decani Ecclesiae beati Petri Ebor Thesaurarii nostri Ricardi de Willoughby Iohannis de Stonore Iohannis Decani Sti. Pauli plenam fiduciam reportantes ipsos quatuor tres aut duos eorum ad inchoand continuandâ—m Parliamentum praedictum nostri dicti filii nostri nomine ad faciend ea quae Pro Nobis per praedictum filium nostrum facienda fuerint usque adventum filii nostri ibidem Deputamus Assignamus Et ideo vobis mandamus quod iisdem Archiepiscopo The saurario Rico. Iohi. Iohi. quatuor tribus duobus eorum intendentes sit is in praemissis in forma praedicta Teste Edwardo Ducâ— Cornub. Comite Cestr. filio nostro carissimo Custode Angliae apud Langle XIX die Ianuarii Anno Regni nostri tertio decimo The second is thus registred Annâ— 25. E. 3. Rot. Parl. n. 1. 2. Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris salutem Cum Nos ex certis caâ—sis sumus ad partes transmariâ—as profectâ—ri per quod ad primum diem dicti Parliâ—menti forte non poterimus interesse Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand Nomine nostro Parliamentum praedictam ad faciend ea quae pro Nobis per Nos faciâ—ndâ— fuerint usque adventum nostrum ibidem plenam tenore praesentiuâ—â— committimus potestatem Et ideo Vobis mandamus quod eidem filio nostro intendentes sitis in praemissis in forma praedicta In cujus rei testimonium has literas nostras fieri â—ecimus patentes Teste mâ—ipso apud Turrim London 20. die Januarii Anno Regni nostri Angliâ—â— 24. Regni vero nostri Franciae undecimo Per ipsum Regem The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue Enle 15a sâ—int Hilar c. que fuist le primer jour de ce present Parlement trâ—z nobles pâ—issent Sir Richard Prince de Gales Duc de Cornwelle Couâ—te de Cestr. auxint les Prelets Seigneurs Justices Comenes auters que fuerent venuz per Sommons de ce present Parlement sesemblerent en le palayes de Westm. en le Chambre de peinte illoeques en lour presence le dit Prince alos seent in my lieu de uly Cestassavâ—ir en la place du Roy mesâ—es nostre le dit Seigâ—ieur le Roy esteant meismes benemont venier en sa proper persone envoy ast en dit Parlement returnes ses Literes patents â—oâ—z son grant Seale enseales en la form que ensuant Edwardus Dei gratia c. Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus militibus omnibus aliis in instanti Parliamento conventuris salutem Cum ex certis cansu sumâ—s ad prâ—â—sâ—ns praepâ—diti ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterimâ—s interesse de circumspectionis industriae magnitudine carissimi filii nostri Ricardi Principis Wallia Duciâ— Cornubiae Comitis Cestr plenam fiduâ—iam reportantes eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand ad faciend 〈◊〉 quae pro Nobis per â—os ibidem faciend fuâ—runt plenâ—â—m tenorsâ— praesentium committimus poâ—estatâ—m Et ideo vobis mandamus quod eidem Principi intendentes fitis in praemissis in forma praedicta In cujus Rei c. Teste meipso apud Havering 26. die Jan. Anno Regni nostri Aâ—gliae 51. Franciae 38. The fourth is thus entred Rot. Parl. An. 1. H. 6. n. 1. Fait assavoir 〈◊〉 commâ—ncâ—ment del Parlement tenuz le Lundy prochein de â—aâ—t le feste de Seint Martyn I'aâ— del