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
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
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
The FIRST PART of a Brief Register Kalendar and Survey of the several Kinds Forms of all Parliamentary VVrits COMPRISING In 3. Sections all Writs Forms of Summons to Great Councils Parliaments Convocations in the Tower from the 5th of King Iohn 1203 till 23 Edw. 4. 1483 to all sorts of Spiritual and Temporal Lords Great-men Members of and the Kings Counsil Assistants to THE HOUSE OF LORDS With other Rare Writs and 4. Exact Alphabetical Chronological Tables 1. Of all Abbols Priors Masters of Orders Clergy-men except Bishops 2. Of all Dukes Earls Forreign Kings Marquesses Princes of Wales 3 Of all Lay Barons Lords Vicounts Great men 4. Of all the Kings Counsil Justices Clerks or other Officers with the several numbers of each of them and of Bishops summoned to every Council Parliament and the Years Rolls Dorses in every Kings reign wherein their names are recorded Illustrated with choice usefull Annotations Observations concerning these Writs differences alterations entries in the Clause Rolls the Stiles Titles Additions of Patriarcha Cardinalis Electus Confirmatus Magister c. given in them to Spiritual of Baro Miles Dominus c. to Temporal Lords with their Baronies Fealty Homage Oaths right of Session Iudicature The Clergies forms of Procurations Exemption from Taxes by the Laity Our Kings Prerogative to call prorogue dissolve Parliaments hold them by a Custos Regni or Commissioners by Patents here cited to create Peers Barons by Patent special not general Writs here registred to summon extraordinary Members Assistants Their propriety in Parliaments dissolved by their deaths The Power of their Counsil in and out of them The Constitution Jurisdiction Proceedings Privileges Ends Duties of English Parliaments Lords Commons Their inconsistence with armed guards seclusion of Members by force oathes menaces and with Scotish or Irish Intruders Their late differences from Councils Parliamentum when first used in Writs Acts Histories c. With other particulars Publishing more Rarities rectifying more Errors in vulgar Writers touching our Parliaments than any former Treatises of this Subject By WILLIAM PRYNNE Esq a Bencher of Lincolnes Inne Mercurius Trismegistus In unaquaque arte tanta ducimur caecitatis caligine ut maxima part eorum quae scimus sit minima pars eorum quae ignoramus LONDON Printed for the Author and sold by Edward Thomas in Little Britain and Henry Brome in Ivy Lane 1659. To the Ingenuous Readers especicially those of the Long Robe and more Noble or Generous English Extraction THere are 5. grand Defects of very publike concernment highly tending if not to the dishonor yet certainly to the great disservice prejudice of our Kingdom Parliaments great Officers of State Nobility Gentry Nation and more especially of the Professors and Profession of the municipall Laws which I have for many years last past not only much admired at and exceedingly deplored but also used my best endeavors to get supplied so farr as there was â—ny probability to effect it The 1. is the irreparable losse of all the Parliament â—olls during the Reigns of our antientâ—â—t Kings from William the 1. till 5 E. 2. â— the first Roll of that kind now extant and of many other of those Rolls since during the Reigns of Edw. 2. and 3. with the not publishing in Print those Parliamentary Rolls and Records yet extant by publike Order for the benefit of Posterity to prevent their suppression destruction Embezelling by fire warr casualties tâ—e negligence or present malice of some Iesuitical Furies or illitâ—rate Animals instigated thereunto by Hugh Peters his misintituled Pamphlet Good work for a good Magistrate printed 1651. p. 96. Where after his proposal of a short new Modell for the Law he subjoyns This being done Iâ— IS VERY ADVISABLE TO BURN ALL THE OLD RECORDS YEA EVEN THOSE IN THE TOWER THE MONVMENTS OF TYRANNY Which desperate bedlam advise of his I have elsewhere at large refuted as most pernicious to the publike and to all Corporations and Landed men The 2. is the great want of an Exact Collection out of the Clause Parliament and Statu'e Rolls of all Statutes Ordinances and Acts of Parliament made before the use of Printing them immediately after the Parliaments conclusion or during their Sessions came in fashion all our Statutes at large and the Abridgments of them even Ferdinando Pultons of Lincolns Inne Esq. the best most refined having sundry Spurious Impostures printed in them under the Titles of Acts Statutes and Ordinances of Parliament which in verâ—ty are neither of them but only particular Writs or Instuctions of the King to the Iustices and other Officers by advise of his Counâ—l out of Parliament Such are the Stâ—tutes De circumspecte agatis said to be made in 13. E. 1. resolved to be no Statute but made by the Prelates alone M. 19. E. 3. Fitz. Jur. 28. The Statutes of Protections Champerty and Conspirators in 33 E. 1. De conjunctim feoffatis in 34 E. 1. Ne rector prosternat arbores in caemiterio in 35 E. 1. The Statute for Knights 1 E. 2. of Gavelet 10 E. 2. with sundry others as the very form words penning of them demonstrate being transcribed only out of the Clause or Patents not Parliament or Statute Rolls Besides these there are some forged Acts and Statutes printed in these Statute Books not extant in the Statute Rolls that remain intire yea there are sundry misprisions in printed Statutes varying both in form substance from the Statute Rolls wherein they are recorded omitting some material words and clauses adding and altering others most of the publishers of our Statutes taking them upon meer trust as they found them transcribed by others but never examining them by the Statute Rolls Original Records as is most apparent by their mistakes of the very times and dates of some Statutes by their printing others of them without any date as made during the reign of King H. 3. Ed. the 1. or 2. BUTUNCERTAIN WHEN ORIN WHICH OF THEIR TIMES by the manifold variances between their Printed Books and the Statute Rolls of which I have given you a particular account in my Table to the Eâ—act Abridgement of the Records in the Tower the Compiler whereof was mistaken in this That the Statute of 2 R. 2. c. 5. touching tellers of News or Lyes of Noblemen or Counsellors is not in the Record nor any mention thereof it being recorded at large in French in the Statute Roll of the first Parliament that year wherein it is printed though not in the second as I can attest upon my own view of the Statute Roll it self Besides these Impostures and Variances there are many useful Acts in the Parliament and Clause Rolls totally omitted out of all our Printed Statute-Books some whereof I have heretofore published in my Irenarches Redivivus The 3. is the Grand deplorable Deficiency of such an Exact Chronological History of all the Great Councils Synods Parliaments of England with their several Canons Acts Ordinances Proceedings
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
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
35 Lordâ— and Great men Cl. 38 H. 6. d. 30. Henrico Duci Exoniae 2 other Dukes 9 Earls 2 Vicounts 35 Lords and Great men Cl. 49 H. 6. d. 6. Carissimo consanguineo suo Georgio Duci Clarenâ—iae 3 Dukes more 7 Earls 1 Marquess 23 Lords and Great men The writs of Summons to Parliament issued by King Edward the 4th to the Temporal Lords agree in Prologues forms and dates except in the Praemunientes c. â— with those to the Archbishops and Spiriâ—ual Lords in the 1. Section and are thus directed Cl. 1 E. 4. d. 35. Johanni Duci Norfolciae 4 Earl 1 Vicount 31 Lords and Great men Cl. 2 E. 4. d. 3. Dilâ—cto fideli suo Ricardo Comiâ—i Wâ—rwici 4 Earâ— 37 Lords and Great men C. 6. E. 4. d. 1. Carâ—ssimo Fratri suo Geoâ—gio Duci Clarenâ—iae 2 Dukes more 10 Earls 1 Marquess 36 Lords and Great men Cl. 9 E. 4. d. 3. Carissimo fratri suo Georgio Duci Clarentiae 9 other Dukes 8 Earls 23 Lords and Great men Cl. 11 E. 4. d. 41 Carâ—ssimo fratri suo Georgio Duci Clarentiae 3 Dukes more 8 Earls 25 Lords and Great men Cl. 22 23 E. 4. d. 10. Primogenitoâ—dwardo â—dwardo Principi Walliae 4 Dâ—kes more 1 Marqueâ—e 7 Earls 32 Lords Having presented you with this Breviate of all the generall writs of Summons to Parliaments and Great Councils issued to the Temporal Lords from 49 H. 3. to 23 E. 4. I shall now give you a view of some extraordinary special writs to some Temporal Lords and others reducible to and proper for this Section I shall begin within this Memorable writ to Roger de Mortymer Claus 9 E 2 m. 20 dorso Rex dilecto et fideli suo Rogero de Mortuo-Mare de Wygmore salutem Cum vos tempore quo Parliamentum nostrum usque Lincoln in Quindâ—na Sancti Hillarie proxâ— futur summoneri fecimus in partibus Hiberniae fuissetis per quod Nos vobis non 〈◊〉 simus ad interessendum dicto Parliamento ac vos a dictis parâ—ibus Hiberniae usque regnum nostrum jam ut accepimus accessistis ideo vobis mandamus in fide et homagio quibus nobis tenemini firmiter injungentes quod si ad dictas partes Hibeâ—niae citra dictum Parliamentum non essetis regressuri tunc eidem Parliamento nostro dictis die et loco modis omnibus personaliter intersitiâ— super negotiis Nos et statum Regni nostri rangâ—ntibus pro quibus Parliamentum nostrum mandavimus convoâ—ari Nobiscum et cum Magnatibus et Proceribus regni nostri tractaturi vestrumque consilium impensuri Et hoc nullo modo omittatis T. Rege apud Clipston 17 die Januarii This Roger de Mortymer a Baron of this Realm as is evident by former Summons to him being absent in Ireland when the writs of Summons to this Parliament first issued was thereupon left out of the original writs and Lists of Summons but the King being informed that he was returned into England thereupon sent this special writ of Summons to him bearing date the 17 of Ianuary full 3. moneths after the first writs of Summons dated the 16 of October before entred in another dorse apart from the other writs His absence in Ireland yea and return thither about the publike affairs after this writ issued before this Parliament sat in the Kings and his Counsils opinions being a sufficient ground to excuse his absence from Parliament and to send no writ of Summons to him into Ireland And if English Peers absence or residence in Ireland be a just legal ground to exempt them from summons to a Parliament held in England much more then must Irish Peers and Lords who are no Lords or Barons at all in England be totally exempted from all writs of Summons to the Parliaments of England both in respect of their remoteness from England of the great charge and danger in crossing the Seas to repair to them and because they are obliged neither by their tenures nor Patents to resort to any English Parliaments but only to the Parliaments held in Ireland where only they are Peers and Lords of Parliament and because they cannot attend in two places at once if a Parliament should be summoned in England and Ireland on or near the self-same time Of which more hereafter in its proper place The next writ of this kinde I shall communicate to you is this I meet with Claus. Ann. 35 E. 3. m. 36. dorso Rex dilecto et fideli suo Humfrido dâ— Bohun Comiti Northampton salutem Qâ—ia terra nostra Hiberniae per molestationes a diu Hibernicorum inimicorum nostrorum et incursus propter impotentiam fideliuÌ„ nostroruÌ„ habitantium in eodem regno et pro eo quod Magnates et alii de regno nostro Angliae terras in ea habentes commodum dictarum terrarum suarum ab eadem terra capiunt et defensionem aliquam non faciunt jam tantae vasticatis et destructionis miseriae subjicicur quod nisi Deus avertaâ— et celerius succurratur eidem ad totalem perditionem in prox deducetur per quod pro salvatione ejusdem ordinavimus quod Leonellus Comes Vlton filius noster carissimus cum ingenti exercitu ad terram praedictam cum omni festinatione transmittaâ—ur et quod omnes Magnates et alii de dicto regno nostro terras in dicta terra Hiborniae habentes quâ—nto potentius poterunt in Comitiva dicti filii nostri proficiscentur vel si debiles in corpore existant 〈◊〉 alios sufficientes ibidem mittant pro repulsion â—â—â—â—â—orum inimicorum et salvatione et defensione terrarum suarum et succursu terrae supradictae Et pro dicto negotio accelerando volumus vobiscum et cum aliis de eodem regno terras in dicta terra habentibus Colloquium habere et tractatum Vobis in fide et ligeantia quibus Nobis renemini firmiter injungentes mandamus quod omnibus aliis intermissis sitis personaliter apud Westâ— in Quindena Pasch. prox futur adloquendum Nobiscum et Consilio nostro super dictis Negotiis eâ— illud concernentibus et ad faciend et consentiend super hoc quod ibidem contigerit ordinari Et interim vos et homines vestros quanto potencius et decentius poteritis ad arma paretis Ita quod in vestri defectum progressus dicti filii nostri et exercitus sui non retardetur nec dicta terra amissionis periculo non subjaceat 〈◊〉 causa Et hoc sicut Nos et honorem nostrum ac salvationem et desensionem terrae praedictae diligitis nuâ—â—aâ—enus omitâ—atis Et habeaâ— is ibi hoc breve Teste Rege apâ—d Wesâ—m 15 die Martii Per ipsum Râ—gem et Coâ—siliâ—m Consimilia Brevia dirigâ—â—â—â— subscriptis de effeâ—do coram Rege et Consilio suo ad dies subscriptos viz Rado Com. Staff Thomae Com. Oxen. David de Strabolgi
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
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.
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
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
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