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
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
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
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by
as I have formerly mentioned in the Epistle to my Plea for the Lords my Preface to an Exact Abridgement of the Records in the Tower and in a printed Title three year since by which I endeavoured to promote it which would supply all the three precedent Defects The 4. is the great lack of diligent faithfull Collections and Publications of all the choicest Records Proclamations Writs Letters Charters Patents Commissions c. in the Tower or elsewhere which concern the Liberties and Properties of the Subject The just antient Duties Customs Revenues Jurisdictions of the Kings and Crown of England in times of Warre and peace the Coin Merchandize Manufactures Trade Government Navy Forts Militia of England and Ireland and the Negotiations Leagues Treaties with forein States or at leastwise the want of an Exact Table Repertory to them whereby they might be readily found out and made uâ—e of upon all emergent occasions The 5. is a Compleat Register or Kalendar of all Parliamentary Writs extant in our Records which those who have formerly written Discourses touching our English Parliaments were either totally ignorant of or not well acquainted with or else took no care or pains at all to communicate to others though the very foundations of all our Parliaments and their proceedings The omission or ignorance whereof hath made most of their Treatises of this subject very imperfect unsatisfactory and full of gross misprisions which pass for current Truths It seemed very strange and monstrous to me that none of our Kings Parliaments Great Officers of State Nobles but especially none of our reverend Iudges learned Lawyeâ—s nor any of the Mâ—sters of the Rolls to whose beneficial Office care diligence it most propeâ—ly appertained in so large a tract of time since Printing first grew common have not hitherto put to their own helping hands nor incouraged others by Honorary Salaries to supply these deplâ—rable prejudicial Defects especially the 3. first which so much concern the publike Government Justice Honor welfare Laws Interest of the whole English Nation when as forein Kings Parliaments Statesmen Lawyers Advocates especially in France Spain Germany Denmark have been very diligent and laborious in later ages in searching out transcribing publishing to posterity all the Antiquities Records Councils Parliaments Laws Edicts Ordinances Histories Transactions of thâ—ir Predecessors and encouraged their learnedest Scholars by great Offices Honors Salaries and bountiful rewards to collections and publications of this Nature to their eternal honor VVhereupon I endeavoured the last long Parliament by an Epistle to the Lords to excite them to contribute their best assistance towards the speedy Publication of all our Parliamentary Rolls and Records profering my best endeavors to promote it but I neither then nor since received the least incouragement from them or others towards this beneficial publike undertaking from which soon after I was both discouraged and disabled by near 3. years close Imprisonment in 3. remote Castles under armed strictest guards by Mr. Iohn Bradshaws and his Whitehall Associates warrant without any accusation hearing or particular cause either then or since expressed of purpose to debarr me from publishing any thing of this Nature or against their New Tyrannical usurpations transcending all in former ages After my enlargement from these 3. years expensive as well as tedious restraints superadded to my former Imprisonments and Losses under the Prelates and Army-Officers I endeavored to revive this Heroick work and to encourage all publike-Spirited Noblemen Gentlemen Lawyers to promote it both by the publication of many unknown rare Records in the second Part of my Demurrer to the Iews long discontinued Remitter into England and Discoveries therein of the Vsefulness and excellency of our Records in general and of those relating to our Parliaments Laws Liberties Properties in particular Since which by a printed Paper I proposed a way how in what manner and by what time this usefull Design might probably be effected with no loss at all but certain gain to those who should contribute only 10 〈◊〉 a piece towards it for a year or two at most and should then certainly receive their principal again together with Books in the interval amounting to treble the interest which though some of my friends to whom I communicated these papers highly approved of seeming forwards to contribute towards it yet I found such a general lukewarâ—nness or rather absolute coldness in others really to advance it as caused me totally to desist from any further prosecution thereof Whereupon to supply those defects in some degree as much as in me lay I did with no little pains and cost upon my own private account alone without the least assistance contribution from any others collect compile print and publish to the world in the 3. First Parts of my Seasonable Historical Vindication and Chronological Collection of the good old Fundamental Liberties Rights Franchises Laws 〈◊〉 all English Freemen an Exquisite Epitome of all the Parliamentary Councils Synods and State-assemblies held within our Realms upon several Occasions extant in our Historians from the Britons first arival therein till the Coronation of King William the first Anno 1066. conteining the space of 2390. years Which though very usefull seasonable profitable containing sundry rarities in them were looked upon by most men with contempt like old Almanacks Clothes or Fashions quite out of dâ—te whence most of them lye moulding in Warehouses for want of sale After which in pursute of these beginnings I freely contributed my labors to the publishing of Aâ—â—xact Abridgment of the Parliâ—ment Rolls and Records in the Tower of London from King Edward the 2. till 1 R. 3. rectifying sundry mistakes supplying divers defects therein adorning it with a necessary Preface usefull Tables and Marginal Notes without which it had been in a manner altogether useless Since which I much enlarged and reprinted â—pon my own Account alone for want of assistance by others my Plea for the Lords and House of Peers Wherein I have communicated to the world out of Records and Histories more Presidents knowledge touching the Judicature Jurisdiction and Proceedings of our Great Councils and Parliaments in former ages and more fully vindicated the just antient Privilege and Hereditary right of the Lords and Barons of this Realm to sit vote judge in all our English Parliaments than any others have done in former ages without the least incouragement ayde or retribution from any of their Lordships notwithstanding my manifold sufferings by from and under some of them and their ancesters heretofore both in person and estate without the smallest voted recompence These last publications together with my Soveraign Power of Parliaments and Kingdoms my Historical Collection of the Great Councils and Parliaments of England and new published Argument of the Case of the Lord Magwire having in some measure though not so fully as I desire supplied the 4. first premised Deâ—ects I have endeavored by this presentâ— Brief Registâ—◠〈◊〉 and Survey of the sâ—veral 〈…〉 the
only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
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
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
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
England most of the Earls and Temporal Lords attending on them in person in their wâ—rrs and voyages into forein parts as on Ed. 3 H. 4 5 6. 3ly The Civil wars hapning now and then between the King Lords and Barons upon which occasion some of the Temporal Lords whiles in open hostility and rebellion against the King were now and then as I conjecture left out of the Lists of Summons because they could not be conveniently summoned or would not appear upon any summons if sent them 4ly The attainders or Outlawries of some Earls Lords and Barons of High Treason for their wars Insurrections Rebellions or other Treasons against the King which disabled themselves and their Posterities to be summoned to Parliaments till pardoned or restored by the King to theiâ— honours bloud Lordships Baronies and Lâ—nds 5ly The Alieâ—ation of some Baronies by teâ—ure by sales gifts marriages escheats or otherwise from one person name family to another whereby the former Barons only by Tenure were no more summoned after such Alienations but the new Tenants who purchased or possessed them 6ly The deceases of some Earls Lords and Barons without heirs males of their Bodies or the Infancy or nonage of their heirs males at the time of their deathâ— who usually had no writs of summons till their full age though the Prince of Wales and Kings own sons were sometimes summoned to Parliaments during their Minority as will appear by comparing the dates of their wriâ—s with the time of their births mentioned in our Historians but few Nobles else were summoned during their Minority for ought appears Minors being unfiâ— to be Senators Counseâ—lors Judges in the Supremest Council Judicaâ—ure of the Realm as I have elsewhere proved 7ly Our Kings Liberty and Prerogative who though obliged by the anâ—ient Laws and customs of the Realm the Conâ—â—iâ—utions of Clarindon the Great Charter of King Iohn Ad habendum COMMUNE CONSILIUM REGNI aâ— Auxiliis assidendis et de Scutagiis assidendis 〈◊〉 faciemus Archiepiscopos Episcopos Abbates COMITES MAIORES BARONES REGNI SINGILLATIM PER LITER AS NOSTRAS c. ex debito Iustitiae as Sir Edward Cook informs us to summon EVERY ONE OF THE TEMPORAL LORDS BY DESCENT OR CREATION being of full age by writs to our Parliaments when held yet they have likewise a Freedom and Prerogative to create New Earls Lords Barons by special Writs or Patents or to Summon what particular Gentlemen and others of Parts and Abilities they please to their Parliaments and Great Councils to counsel and advise them as the exigency of their affairs shall require and they and their Counsel shall think necessary pro hac vice tantum or so oft as they deem necessary without creating them Earls Lords or Barons for life or inheritance by their general writs of Summons as I have elswhere evidenced 38. That the Eodem modâ— mandatum est c. And Consimiles literae diriguntur subscriptis in the Clause Rolls are for the most part general without defining the Degrees and Qualities of the persons underwritten except Dukes and Earls specified by their Titles but few else besides them And sometimes special As Eodem modo mandatum est Comitibus et Baronibus subscriptis Consimile mandatum habent singuli Comites BARONES MILITES subscripti Consimiles Literae diriguntur Comiâ—â—bus BARONIBUS MILITIBUS SUBSRIPTIS So as it is a difficult matter certainly to define by the large list of names which of them were real Lords and Barons of Parliament and which not except those only who were usually summoned and listed in the Rolls amongst the Lords and Barons and their posterity after them or such who are expresly stiled either Barons or Lords in the writs or lists of names of which I shall give you one instance In the summons of Claus. 5 E. 2. m. 25. dorso in the Eodâ—â— modo mandatum est Comitibus et Baronibus subscriptis there is this List of names with a particular distinction made of their Degrees in the Margin declaring all in that Catalogue to be Earls and Barons and in no Roll else upon my best observation Guidoni de Bello Campo Comiti Warr. Adamaro de Valenâ— Comiti Pembr Hâ—mfrido de Bohun Comiti Heref. Essex Iohanni de Warenna Comiti surr Edmundo Comiti Arundel Roberto de Veer Comiti Oxon. Hugoni de Veer Hugoni le Dispenser Iohanni de Hastings Ioh. de Gifford de Brimesfeld Willo Martyn Iohanni de Ferrar. Willo de Mareschall Roberto de Clifford Iohanni de Somery Roberto Fil. Paganâ— Iohanni Botetourte Roberto fil Walteri Pagano Tybetot Bartho de Badlesâ—ere Iohanni de Segrave Pho. de Kyâ—e Edmundo Deincourt Iohanni de Grey Rico. de Grey Iohanni la Ware Willo de Echingham Thomae de Furnivall Iohanni de Clavering Peero Corbet Rado Basset de Draiton Iohanni Dengaine Engayne Fulconi Lestrange Willo le Latymer Fulconi fil Warrini Roberto de Ufford Iohanni de Bello Campo de Somerset Hugoni de Courtenay Rado de Gorges Henr. de Lancastr Mauricio de Berkele Thomae Bardolfe Roberto de Monte altâ— Iohanni de Mohâ—â— An exact Alphabetical and Chronological Table of all Dukes Earls Marquesses Princes of Wales and forein Kings summoned to the Great Councils and Parliaments of England from 49 H. 3. to 23 E. 4. with the numbers of the Parliaments years and dorses of the clause Rolls of each King when there were two or more Parliaments in one year to which they were summoned or resummoned by Writs of Prorogation p. in the parentheâ—is signifying the part d. the dorse and the next figures the membranaes of the dorse or dorses wherein they are recorded The other dorses you may find in the forecited Writs A ALbemariae Thomas Duke of Albemarl or Aumarle Uncle to K. R. d 2. summoned to Parl. 9 R. 2. Edward Duke thereof 21 23 R. 2. 1 H. 4. Thomas Duke of Clarence Earl of Albemarle so stiled in his summons 1 2 3 4 H. 5. Aâ—â—gos Angos Danegoâ— or Anguish Gilbert de Vmfravil Earl thereof summoned to Parl. An. 25 d. 25. 27 d. 16 18. 28 d. 3. 17. 30 d. 9. 12. 33 â—4 â—5 Ed. 1. 1 d. 11. 19. Ed. 2. Robert de 〈◊〉 Earl thereof summoned 2 3. 12 d. 11. 29. 1â— 14 d. 5. 2. 15 16 17 18. d. 5. 21 23. 34 â— 2. Gilbâ—â—t de Umfrâ—vil 6 d. 4 9 19. 36. 7 8 9. d 8. 28. 10 d. 1 5. 12 13 d. 1. 28. 14 d. 23 33. 15. 16 d. 13 39 17 18 20 21 22 d. â— 7. 〈◊〉 23 24 25 26 27 28 29 d. 7 8. â—1 d. 2. 21. 32 33 34 d. 4. 35. 36 37 38 39 42 43 44 46 47 49 d. 4 6. 50 E. 3. 1 d. 37. 2 d. 13 29. 3 d. 13 29. 3. d. 32 R. 2. All these 3 Umfravils though the Title of their Earldom was Scotish were all originally English Barons of Prodhow Kime in Lancashire
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
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
them at any one Session or Parliament and the attendance will prove so tedious to all or most that it will become a greater grievance to them than any they complain of and if they gain any relief it will be in effect a Remedy as bad or worse as the diseasâ— it cures Yea an express violation of Magna Charta ch 29. Nulli negabimus nulli differemus justitiam aut rectum Finally This patching of New Scotish and Irish Members into our old English Parliament will be so farre from uniting and contenting the three Nations and Parliaments in one that it will discontent and disunite them more than before and make the rent the greater upon every occasion as Christ himself resolves with whose words I shall close up this observation No man seweth or putteth a peece of new Cloth upon an old Garment else the new peece that filleth it up taketh away from the old and agreeth not with the old and the rent is made worse 5. That as the Writs of the Common Law are the foundations whereon the whole Law and subsequent proceedings do depend as Glanvil Bracton Britton Fleta heretofore Fitzherbert Thelwell Sir Edward Cook and others of later times resolve upon which account if the Writs be vicious erronious invalid illegal or null in Law they abate vitiate and annihilate the whole Process Declarations and Struotures grounded on them as all our Law-Books assert So the Writs of Summons to Parliaments and Great Councils are the very foundations and corner-stones whereon our Parliaments Great Councils and all their Votes Judgements Proceedings Acts Ordinances do depend Therefore if they be defective erronious invalid illegal insufficient or null in themselves the Parliaments and Great Councils convened by founded on them with all their Iudgements Proceedings Acts Ordinances must of necessity be so likewise as the Statutes of 1. Hen. 4. c. 3. 21. R. 2. c. 1. 39. 8. H. 6. c. 1. H. 8. c. 1. 17. E. 4. 5. 7. 1. H. 4. rot Parl. n. 1. 66. 1. E. 4. rot Parl. n. 8 to 17. 1. H. 7. c. 9. 27. H. 8. c. 24. in England largely evidence and the Statute of 10. H. 7. c. 27. in Ireland determines repealing a Parliament holden at Drogheda before Sir Robert Preston decreed and deemed void to all Intents by the Kings Council in Ireland 1. Because the Duke of Bedford Lieutenant of Ireland by whose Deputy it was summoned and held surrendred his Patent of Lieutenancy before the said Parliament summoned 2. Because there was no general summons of the said Parliament to all the Shires but onely to four Shires 3. Because the said Deputy had no mâ—nner of Power by his Commission to summon or kéep a Parliament For the which causes it was ordained and enacted that the Parliament to holden be deemed void and of none effect by the whole Parliament of Ireland Anno 10. H. 7. And the Parliament of 18. E. 4. ch 2. in Ireland touching the Election of Knights and Bâ—rgesses further manifests it 6. That the summoning as likewise proâ—â—guing adjourning dissolving of all Parliaments and Great Councils in England and Ireland is a peculiar inseparable royal Prerogative belonging onely to the Kings of England and incommunicable to any other person or persons yea to Parliaments themselves which cannot appoint a succeeding Parliament to be called but by the Kings consent and that though appointed to be held at a prefixed day and place to be summoned only by the Kings Writ That all Writs of Summons and Prorogation alwaies issued and of right ought to be issâ—ed onely in the Kings name stile authority whether absent out of or present within the Realm whether within age or of ripe years and that by his special Commands alone or his and his Councils joynt precept as the stile name contents of all precedent and subsequent Writs the subscriptions under them Per ipsum Regem per ipsum Regem Consilium per ipsum Regem Custodem Consilium in the Kings absence per breve de privato sigiâ—â—o c. the stile tenor of all Writs De expensis Militum Burgen sium the Statutes of 5. R. 2. Parl. 2. c. 4. 7. H. 4. c. 14. 6. H. 6. c. 4. 23. H. 6. c. 11. 27. H. 8. c. 24. 31. H 8. c. 10. most Acts of late times for the subsidies of the Clergy and Temporalty Tonage Foundage the Prologues to our ancient and modern printed Statutes the Kings Chancellors and others speeches upon the convention of most Parliaments in Parliament Rolls together with the Act of 16. Caroli for preventing of inconveniences happening by the long intermission of Parliaments Cooks 4. Institutes ch 1. and all who have written of our English Parliaments abundantly evidence and resolve beyond contradiction Hence our late King Charles in his Declaration of the causes of assembling and dissâ—lving the two last Parliaments Iune 13. 2. Caroli affirms That the calling adjourning proroguing and dissolving of Parliaments do peculiarly belong unto himself by an undoubted Prerogative inseparably uniied to his impertal Crown and the Statute of 16. Caroli c. 1. made by the unanimous consent of both Houses declares That by the Laws and Statutes of this Realm the appointment of the time and place for the holding of Parliaments and the summoning of them by Writ in the Kings Name hath alwaies belonged as it ought to his Majesty and his royal Progenitors and none else 7. That the Kings of England have as true full real and legal an haereditary right Title Interest Propriety in and to the Parliament as they have in and to the Kingdome and Crown of England as these Clauses in all their Writs of Summons Prorogations of Parliaments issued to the spiritual and temporal Lords Kings Counsil Sheriffs and Warden of the Cinque-ports resolve Ordinavimus quoddam Parliamentum nostrum c. tenere In ultimo Parliamento nostro post ultimum Parliamentum nostrum sitis ad nos ad Parliamentum nostrum and the like compared with Statum Regni nostri Angliae Et cum Praelatis Proceribus Regni nostris sicut commodum Regni nostri Diligitis Iura Coronae nostrae c. in the same Writs The Writs de expensi Militum Burgensium The Titles and Prologues of most printed Acts of Parliament The Statutes of 8. H. 6. c. 7. 23. H. 6. c. 11. 23. H. 8. c. â—3 27. H. 8. c. 24. 31. H. 8. c. 10. 1. Iac. c. 1. and sundry Writs in the Register stiling the Parliament the Kings Parliament his Parliament our Parliament in relation to the King and his Patents for creating Dukes Marquesses Earls Peers and Barons of the Realm granting them and their Heirs males Sedem locum in Parliamentis nostris Haeredum successorum nostrorum inâ—ra Regnum nostrum Angliae Therefore the Parliaments of England can no more exist or subsist without the King than the Kingdome or Crown of England the
regne du Roy Henry Sisme pâ—is le conquest primerement unâ— Commission du Roy fait desoutz son grande Seal directâ—z al Honorable puissent Prince Humphry Duc de Glocestre son-Uncle per la quell le Roy avâ—iâ— done poiar a mesme son Uncle a tenit le dit Parlement en le nom du Roy folonâ— laffect la contenuz de mesme la Commission en la preseucâ— de'l dit Duc seant en la Chambre de peinte deinz In Palayes de Westm. anxy de les Seignieurs espuelz temperelz les Chivalers des Countees des Citeins Burgeois del Roialme Deingleterre pur toute lay Comme de mesme la Rolalmâ— au dit Parlement tenuzilleoqes alors esteantz â—uit overtement le eâ—z dont le tenure-cy ensuyt Heâ—ritus Dei gratia Rex Angliae Franciae Dominus Hiberniae omnibus ad quos praesentes litetrae pervenerint salutem Sciatis quod cum de avisamento Concilii nostri pro quibusdam arduis urgentibus negociis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae contingentibus quoddam Parliamentum nostrum apud Westm. Die Lunae prox ante sestum Sti. Martini prox futur teneri ordinavimus Et quia vero propter certas causas ad Parliamentum Praedictum personaliter non poterimus interesse Nos de circumspectione industria carissimi Avuncuâ—i nostri Humfredi Ducâ—s Gloucestr plenam fiduciam reportantes eidem Avunculo nostro ad Parliamentum praedict nomine nostro iâ—choand in eo procedend ad facienda omnia singula quae pro Nobis per Nos pro bono regimiâ—e gubernatione Râ—gni nostripraedicti ac aliorum Uominiorum nostrorum eidens Regno nestro pertinentâ—um ibâ—dem suerint faciend Nec non ad Parliamentum illud â—â—â—iendum dissolvendum de assensu Concilii nostri plenam tenore praesentium committimus potestaâ—eâ—s Dante 's ultâ—râ—us de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Dusibus Comitibus Baronibus Militibus quam omnibus aliis quorum interest ad Parliamentum nostrum praedictâ— conventuris similiter tenore prâ—sentum in mundatis quod eideâ—â— Avâ—â—culo nostrâ— intendantâ—â—â— praemissiâ—â—â— forma supraâ— dictâ— In cujus rei testimonium has literas nostras fieri fecimus patentes T. mâ—ipsa apud Westm. 6 dis Novembris Anno Regni nostri primo The like Commission I finde made to the same Duke in the Parliamant Roll of 2. H. 6. n. 1. word for word except in those additional words and clauses in the Commission it self Nos de circumspectione fidelitate industria c. Eidem Avunculo nostro ad Parliamentum praedict nomine nostro inchoand negociaque praedicta exponend ac declarand ac exponi declarari faciend necnon in negociis illis Parliamento praedicto ac omnibus singulis in eo emergentibus procedeâ—d c. Neâ—non ad Parliamentum illud si necesse fuerit continuand prorogand ac ad idem Parliamentum finiend c. plenam committimus potestatem quam in eventu praedicto Parliamento nostro tempore aliquo forsan in persona nostra adessâ— contigerit revocare intendimus Dante 's c. Ut supra with the like in other Parliaments during this Kings Minority and in 33 H. 6. rot Parl. n. 30. It is observeable that none of these Custodes Regni or Protectors had any power given them to summon or hold Parliaments in their own Names or by their own inherent Authority as Protectors nor to create new Peers or Barons of the Realm by Writs or Patents for ought I finde the very words of their Patents and the Parliaments of 1. H. 4. rot Parl. n. 24 25 26 2 H. 6. rot Parl. n. 15 16. 6 H. 6 rot Parl. n. 22 23 24. a notable Record 8 H. 6. rot Parl. â— 13. 33 H. 6. rot Parl. n. 30. to 42. resolving the contrary By all these forecited Commissions Patents and the Patent to the Protectors themselves during the Kings Minoritie enrolled in the Parliament Roll of 1. H. 6. Num. 24 which I have elsewhere published it is most apparent That as the Scripture and New Testament it self in express terms resolve The King alone to be the Supream Magistrate So the Common and Statute Laws Lawyers Writs Records and Parliaments of England have alwaies hitherto resolved declared proclaimed as Bracton l. 1. c. 8. l. 3. c. 16. f. 134. l. 3. c. 3. 9. Fleta l. 1. c. 5. 17. The Parliament of Lincolne 29 E. 1. 16 R. 2. â— 5. 25. H. 8. c. 19 21. 22. 26 H. 8. c. 1. 27. H. 8. c. 15. 28 H. 8. c. 7 10. 31 H. 8. c. 10 15. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 35 H. 8. c. 1. 3 27 19 37 H. 8. c. 15. 1. E. 6. c. 2. 1. Eliz. 5. 1. 3. 4. 5 Eliz. c. 1. 8 Eliz. c. 1. 1 Iac. c. 1. 2. 3. Iac. c. 4. 7 Iac. c. 6. The Prologues of all ancient Parliaments and the very words of the Oathes of Supremacy and Allegiance prescribed to all Members of the Common House Judges Justices Officers Barristers Attornies Sheriffs Graduates Ministers and School-Masters by our Parliaments abundantly evidence The King of England alone not the Custos Regni Protector nor any other person whatsoever nor the Pope himself to be the onely Supream Governour Head Magistrate of the Realm of England and the Dominions thereunto annexed and that in and over all spiritual and ecclesiastical persons things causes as well as temporal without recognizing any other Soveraign Lord Governour Magistrate for ought I finde in History or Record 10. That the causes of summoning and proroging all Parliaments ought to be generally or particularly expressed in the Writs of Summons and Prorogation together with the precise daies whereon and places wherein they are to meet upon the Summons or Prorogation that so all may know â—ertainly at what time and place to meet That the daies and places of their meeting and prorogation were absolutely in the power of our Kings who varied them according to emergent occasions and the places of their necessary residence For instance When the wars or affairs of Scotland drew our Kings and Nobles towards the Northern parts they usually summoned or prorogued their Parliaments to York Karlisle Newcastle Stanford Lincolne Leycester Northampton Cambridge Stainford Conventry Nottingham When the wars and businesses of France called them towards the South they frequently summoned their Parliaments to Winton Salisbury Southampton Canterbury When the wars or negotiations of Wales or Ireland occasioned their removal towards them they convened their Parliaments at Gloucester Worcester Salop Hereford Bristol Oxford or Malborough But most usually they were summoned and prorogued to Westminster or London as the center and Metropolis of the Realm and the most indifferent and convenient place of meeting as
House of Lords who should have restrained reformed these their unparallelld extravagancies which I could prove by hundreds of sad Instances and have briefly hinted in my â—lea for the old Lords page 413. to 419. For which very reason they ought now to be restored being an excellent Bank and Screen between the Prince and People to assist each against any encroachments on the other and by just judgements to preserve that Law which ought to be the Rule between every one of the three and trusted with a Iudicatory power to this very end 3ly Some of those very Members of the late Commons House Army and Whitehall who would disseise them of their House Privileges Birthrights and antient Iurisdiction before they took upon them the Title of Lords or of the House of Lords as pretended Members of the Commons House a little before and since their votes against the old House of Lords as Committees of that House or Commissioners in their new â—rected High Courts of Iustice Members of the Counsil of State at White-Hall or Counsil of Army-Officers or Major Generals and Deputy Major Generals have acted a thousand times more exorbitantly arbitrarily tyrannically to the subversion of the Fundamental Laws Liberties properties Government Justice of the Nation oppressing improverishing vexing dishinheriting destroying enslaving of the Freemen of England than ever any old Lords or House of Lords or Kings of England in Parliament heretofore did in any age whatsoever Witness their usurpations of a more than absolute Parliamentarie power to themselves by their own Votes Orâ—ers Declarations alone to alter new model over and over the whole frame of our Parliaments Laws and publike Government their electing Knights Citizens Burgesses for what they stiled a Parliament without the least privity or election of the people their dissolving declaring the long Parliament to be dissolved against an expresse Act of Parliament their repealing many old Lawes Acts Oathes enacting new Lawes contrary to them creating New Treasons and misprision of Treasons yea imposing heavy excessive New Taxes Customes Excises of all sorts on the three Nations not only in their private Westminster conventions but by their Armie and Whitehall Ordinances amounting to a large Folio Volume without any Parliament or legall Act of Parliament ordering them to be levyed by fines forfeitures sales of the refusers reall and personal esâ—ates imprisonments soldiers quartering and the like Injoysing All Courts of Iustice Iudges Iustices Sheriffs Officers of this Commonwealth Counsellors Attornies and other Persons to conform themselves accordingly without any opposition or dispute whatsoever and committing their very Counsel to the Tower as Traytors or Grand Delinquents only for arguing their Cases upon an Habeas Corpus in Westminster Hall according to Law and their Duties Their taking away the lives liberties or estates freeholds of thousands without any legall Triall or Indictment of their Peers their banishing confining imprisoning close imprisoning hundreds yea thousands at a time upon meer fears and jealousies and binding them and all their servants in excessive bonds with sureties their disfranchising Maiors Bailiffs Aldermen others in corporations enforcing divers to release their legall actions Judgements Executions and committing them at their pleasures till they did it against the expresse tenour not only of the Grand Charter Petition of Right and other Acts but the very letter of the late Act For preventing of Inconveniences happening by the long intermission of Parliaments The Acts for the 3. first subsidies of Tonnage and Poundage The Act for regulating the Privy Counsell For declaring unlawfull and void the late proceedings touching Ship-mony and other Acts passed by some of their own Votes in the Parliament of 16. and 17. Caroli of which or the like exorbitances no ancient Peers or House of Lords were ever yet guilty And if some of those persons who would usurp or abridg the old Lords power have been so arbitrarie tyrannical in all kinds before they claimed the Title of Lords or House of Lords how exorbitant in all probability are they likely to grow in a short time having Command in the Armie and other Courts if they should be established in their new Lordly Power and the old House of Lords put by who should correct restrain these their unparalelld Excesses for the whole Nations ease and benefit 4. If these new Peers be in truth Law Herauldry no true or real Lords Barons Peers of the Realm by their Writs of Summons for the premised reasons but meerly imaginary Titular and false ones like those created by the usurper King Stephen then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them according to the tenour of the Writs of Summons nor establish any settlement that can be reputed legal or obligatory to Posteritie in a Parliamentary Way if the ancient reall Peers and legal House of Lords be set aside and disowned And therefore they must of necessity own close with them alone and remit them to their old hereditary right else they can never make nor expect any real lasting settlement of our distracted State and Government and all they vote will quickly prove abortive illegitimate as the late New-models Instruments and Advices have done 5ly The setting aside the ancient Lords and House of Peers and establishing their very Disseisors in their places as the only future Lords and House of Peers will both justifie all their recited Exorbitances Excesses Violences Tyrannical proceedings against the old Lords their Fellow Commons others transcending Straffords Caterburies and the worst old Counsel-Table Lords excesses by many degrees ratifie yea reward crown them with the highest publick Honour Trust Power they are capable of even in Parliaments themselves Which will not onlie probably excite encourage others in succeeding times to the like dangerous extravagancies excesses to the publick prejudice and desolation but animate them when setled in their new Lordly Authority to pursue their former practises and turn greater Tyrants Oppressors in all kinds then formerly they have been to the utter enslaving of our Nations and embroyling them in new Tumults Yea how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times is worthy sad and serious consideration For if the Commons House shall not onlie silently connive at but openly approve and assent to the dissolving suppressing of the old Lords and their House by pretext of former illegall unrighteous Votes meer nullities by all Lawes made by a Fragment of a dissolved House of Commons sitting under a force not having the least Jurisdiction or power of Judicature over them against all rules of Justice the very fundamental Lawes of the Land the undoubted Rights and Priviledges of Parliament Prescription time out of mind all old late Acts Records of Parl. their very Solemn League Covenant Protestation and hundreds of late Declarations and Remonstrances to the contrary They may justly
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
of many Physicians and spent all that she had upon them even all her living and yet was nothing better but rather worse and could not be heated by any of them This woman is a true Embleâ— of England lyâ—â—g for so many years or more siâ—k of a bloudy issue under the hands of several Physicians under the Name and Disguise of Parliaments of several Forms and Modells who with their armed supporters have put her to infinite expences sufferings and exhausted all she hath and yet they have neither healed nor amended her in any kinde but left her in a â—arr worse condition then they found her for want of healing skil or medicins applying nothing but new corrosives causticks of steel instead of astringents and incarâ—natives to her bleeding wounds yea those very Physicians are now so full of manâ—fold infirmities distempers if not gross corruptions that we may surely say unto them this Proverb PHYSICIAN HEAL THY SELF before we can possibly expect any publike healing from them either in Church or State If these few leaves through Gods blessing on them shall become like to the leaves of the tree of life for the healing of these Physicians our Nations one prime end of their publication I shall bless God for it and deem my cost and labour well bestowed however this shall be my comfort In magnis et voluisse sat est Etiam non assecutis voluisse abunde pulchrum atque magnisicum est in such a case as this One chief means to make our future Parliaments beneficial medicinal and restorative to our Nation is to restore them to their antient freedom and secure them and their Members from all future force and violence which may be easily effected 1. By removing all armed Forces and Souldiers a good distance from the places where they shall be kept and prohibiting them under severest penalties not to approach near unto them during their Sessions 2ly By defending the wearing of any offensive arms or weapons in or near the Cities where the Parliaments convene 3ly By inhibiting all tumultuous popular addresses to them under colour of Petitions or otherwise and ordering that no Petitions or Addresses shal be tendred unto them from any County City Corporation or Fraternity upon any occasion by above 12. grave selected persons at most under pain of being questioned and proceeded against as tumultuous 4ly By declaring and enacting all Persons whatsoever to be actual Traytors and Enemies to the Nation as they are by Law and to be effectually proceeded against as such who shall offer any force violence assault to the Parliament or any Member or Members thereof during their attending therein or in going to or returning from the same or violently interrupt their proceedingâ— And that all who shall hereafter be peccant in this kind their heirs males shall be for ever hereafter disabled to sit in Parliament or bear any Office whatsoever Civil or military or to purchase or re-ceive any Lands Chattels Gift Legacy or bequest whatsoever or to enjoy the privileges of an English Freeman My chief design in this other late publications hath been to inform the English Nation of the true Original constitution uses ends Rights Privileges Judicarure and Proceedings of the Great Councils and Parliaments held within our Island from its original plantation by the Britons till the Normans ruling in it which I have already published in a Brief Chrâ—nological manner and from thence to the end of King Edward the 4th his reign which I have likewiâ—e in a good measure accomplished in my late inlarged Plea for the Lords and House of Peers wherein I have given the Readers a large account of most of the Great Councils held under King Henry the 1. and 2. proving there were no Knights Citizens or Burgesses summoned to them in their reigns as they have been of later times which may be further evidenced by these Historical Passages and Great Councils which I there omitted In the year of Christ 1109. in a Great Council of the Archbishops Bishops Abbots ET PRINCIPVM totius Regni there was this Canon made amongst others Vt nullus Archidiaconus Presbyter Diaconus Canonicus uxorem ducat vel ductam retineat c. Vt Presbyter quamdiu illicitam conversationem mulieris habuerit non sit legalis nec missam celebret nec si celebraverit ejus miss a audiatur After Anselms banishment very many Priests reteining or resuming their wives contrary to these Decrees King Henry the 1. thereupon caused his Ministers to indict and prosecute many Priests for this contempt only to extort monies from them but their fines not amounting to so great a summ as the King expected there was a general Sentence given against all the Priests as well innocent as nocent and a fine set upon every Parish Church which the Priest thereof was to redeem which some Priests having no money and others refusing to pay because it was an unjust innovation they were thereupon contumeliously seised upon by force imprisoned and tortured and when neer 200 of them in their Surplisses and Priests habits came all together to the Kings place in London barefoot imploring him with one voice to take pity on them Ille ad preces â—orum nulla miseratione permotus est vel saltem quavis eos sicut hominâ—s omnis religionis expertes responsi honestate dignatus suis obtutibus festine abegi praecepit whereupon they repaired to the Queen who only wept in pity towards them but could not relieve them Anselm upon the other Bishops Letter to him writ an Epistle to the King touching this proceeding of his as an innovation Quod hactenus inauditum et inusitatum est in Ecclesia Dei de ullo Rege et de aliquo Principe Noâ— enim pertinet secundum legem Dei hujusmodi culpam vindicare â—isi ad singulos Episcopos per suas parochias â—ut si ipsi Episcopi in hoc negligentes fuerint ad Archiepiscopum Primatem c. Adding Dico enim vobis quod valde timere debetis quod pecunia taliter accepta ut taceam quantum noceat animae non tamen cum expendetur adjuvabit terrena negotiâ— quantum postea perturbabit To which the King returned this answer Henricus Dei gratia Rex Anglorum Anselmo Archiepiscopo Cantuariae salutem In die Sancti Gregorii apud Tunebrigge mihi fuerunt delatae literae repostae sub tuo sigillo Et per â—a mihi mandasti talia unde multum miror quia quod feci credo me per te fecisse Et in die Ascensionis Domini HABEBO OMNES BARONES MEOS without Knights Citizens or Burgesses MECUM CONGREGATOS PER CONSILIUM EORUM ita convenienter tibi respondebo quod cum tecum loquar non credo te me inde blasphematurum Et quicquid fiat alias scito quod tui quicquid ipsi fecerint per omnes terras tuas in pace permanserint
to the Sheriffs hands I shall adde this memorable exposition of the Statute of Magna Charta c. 35. made by the King and greater part of the Bishops Earls and Barons of the Realm without the Commons touching the holding of Hundred Courts Wapentakes Court Leets omitted by Sir Edward Cook in his Commentary thereon which it better explains than his Annotations upon it Claus. 18. H. 3. m. 10. Rex Vic. Linc. salutem Quia audivimus quod tu Ballivi tui Ballivi aliorum qui Hundredum habent in Comitatu tuo non intelligitis qualiter Hundreda Wapentake teneri debeant in Com. tuo postquam concessimus omnibus de Regno nostro Libertates in cartis nostris quas indo fecimus dum fâ—imus infra aetatem Nos eandem Caâ—â—am nuper legi fecimus in praesentia Dom. CANIUAR ARCHIEP MAJORIS SANIORIS PARTIS OMNIUM EPISCOPORUM COMITUM ET BARONUM TO TIUS REGNI NOSTRI UT CORAM EIS ET PER EOS EXPONERETUR haec clausula contenta in Carta nostra de Libertatibus viz. Quod nullus Vicecomes vel Ballivus faciat Turnum suum per Hundredum nisi â—is in anno non nisi loco debito consueto viz. semel post Pascham iterum post festum sancti Michaelis Ita scilicet quod qui libet habeat â—ibertates suas quas habuit habere consuevit tempore H. Regis avi nostri vel quas postea perquisivit Unde à multis ibi dictum suit quod tâ—â—pore H. Regis avi nostri tam Hundreda et Wapentac quam curiâ—â— Magnatum Angliae solebant teneri de Quindena in Quindenam Et licet multum placeret communi utilitati totius regni indempnitati pauperum providere quia tamen illi duo Turnii plene non sufficient ad pacem regni nostri conservandam ad excessus tam divitibus quam pauperibus illatis corrigendos quae ad Hundredum pertinent De COMMVNI CONSILIO praedict Dom. CANTUAR OMNIUM praedict EPISCOPORUM COMITUM ET BARONUM ET ALIORUM ITA PROVISUM EST. Quod inter praedictos duos Turnos teneantur Hundredum Wapentakia etiam curiae Magnatum de Tribus septimanis in Tres septimanas ubi prius teneri solent de Quindena in Quindenam Ita tamen quod ad illa Hundred a VVapentakia Curias non fiat generalis summonitio siâ—ut ad Turnos praedictos set ad hujusmodi illa VVapentakia Curias convenient conquerentes adversarii sui illi qui sectas debent per quos teneantur placita fiant judicia nisi ita sit quod ad Hundreda illa VVapentakia fieri debeat Inquisitio de placitis Coronae sicut de morte hominis Thesauro invento hujusmodi ad quae inquirenda conveniant cum praedictis sectariis quatuor villatae proximae scilicet omnes de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda VVapentakia Curias tam Nostras quam aliorum teneri facias de cetero secundum quod praedictum eâ—t de tribus sepeimanis in tres septimanas exceptis praedictis duobus Turnit qui de caetero teneantur secundum quod prius teneri solebant T. R. apud VVestm 11. Octobris I shall only adde this one Record more proving that matters concerning Truces were resolved by King H. 3. the Spiritual and Temporal Lords in Parliamentary Councils without any Knights Citizens or Burgesses Claus. 19. H. 3. m. 20. Rex Roberto de Langeton Archidiacono Cant. Abbati de sancta Radegunda saluteâ— Super sollicitudine diligentia laudabili simul laboribus sumptuosis quas circa negotium nostrum expediendum quod vobis injunximus apposuistis urrique vestrum copiosas referrimus gratiarum actiones vobis quidem magister S. praecipuas speciales utpote ei cujus fidelitatem prudentiam plurimum commendamus Sciatis autem quod CONGREGATIS apud VVestmon in octabis sancti Hillarii vener patribus G. Cantuar Archiepiscopo EPISCOPIS COMITIBUS ET ALIIS FIDELIBUS NOSTRIS to wit the Barons and Great men not Commons as the subsequent clause attests Post diligentem tractatum habitum CUM IPSIS DE NEGOTIO TREVGARVM inter Nos Regem Franciae aliis agendis nostris visum fuit iisdem fidelibus nostris quod nullo modo sine verecundia opprobrio nostris Insulam de Olerone 〈◊〉 potuimus Comiti Marchiae pro coÌ„sensu suo adhibendo ad treugas inter nos ineundas nec in co consilium Nobis praestare vel consentire voluerint Sic enim praeter verecundiam quam inde consequeremus ab omnibus quibus factum nostrum innotesceret teneremur et pro remissis et minus valentibus haberemur et etiam pessimum perniciosum exemplum aliis qui in casu consimili ad similia petenda per hoc moverentur Vnde si per dâ—centas libras annuas Treugis durantibus ad consensum Treugarum possitâ—idem Comes induci pro Insula praedicta sicut alias locutum suit bene placeret tam Nobis quam praedictis MAGNATIBVS NOSTRIS et ad hoc laborare velitis quia priori conditioni consentire non esset honestum vel expediens c. T. Rege apud Westm. 27. Januarii I shall trouble you with no more Presidents or Records of this nature by way of Preface to this first part of my Register Kalender and Survey of Parliamentary Writs In which I have presented you onely with the several Writs of Summons directed to the Spiritual and Temporal Lords and Kings Counsil their ordinary Assistants intermixed with some other Writs and several forms of Procurations in my Observations on them which relate wholly or principally to the House of Lords Convocations and Clergy amounting to a just vendible Volume The several forms varieties of Writs issued to Sheriffs of Counties Wardens or Officers of the Cinque-Ports Dukes of Lancaster their Lieutenants or Chancellors and Sheriffs of particular Boroughsâ—made â—made Counties within â—emselves for electing Knights Citizens Burgesses and Barons of the Ports peculiar to the House of Commons with all sorts of Writs for proroguing continuing adjourning Parliaments or superseding them after summons to them upon extraordinary occasions relating equally to both Houses of Parliament and their Members together with some special Writs of Summons to the Kings Prelates Nobles Barons Great Officers and others of the Realms Lands of Scotland and Ireland to appear in at or before the Parliaments Great Councils Kings or Privy Counsil in England concerning the affairs or defence of Scotland and Ireland onely as likewise to particular Merchants Masters of Ships Forresters Lawyers learned men of both Universities and other Persons upon special occasions to attend the Parliament King Counsil with my particular Observations on them which I at first intended to have published in this Piece I shall if God send health life oportunity and incouragement by a
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
Consilium impensuri Et hoc sicut nos honorem norum vestrum Neonon et Commuâ—em Regni nostri tranquillitatem diligitis nullatenus omittatis Teste Rege apud Wigorn. 14. die Novembris The like writs as appears by the Roll were directed to the Archbishop of York and 11 more Bishops to 101 Abbots and Priors to the Master of the Knights of the Temple in England and to the Deans of York Exon Wells Sarum and Lincoln The 4. writ is that of 23 E. 1. m. 9. Dorso Edwardus c. Venerabili in Christo Patri R. eadem gratia Cantâ—ar Archiepiscopo totius Angliae Primati salutem Quia super quibusdam ar duis negoâ—ils Nos regnum nostrum ac vos caeterosque Praelatos de eodem Regno tangentibus quae sine vestra et eorum praesentia nolumus expediri PARLIAMENTUM nostrum tenere et vobiscum super hiis colloquium habere volumus et tractatum Vobis mandamus quod in fide et dilectione quibus Nobis tenemini fiâ—miter injungentes quâ—â—enus sitis ad Nos apud Westm. primo die mensis Augusti prox futur vel saltem infra tertium diem subsequentem ad ultimum Nobiscum super dictis negotiis tractaturi vestrumque consilium impensuri Et hoc nullo modo omittatis Teste meipso apud Album Monasterium XXIIII die Julii Per Breve de Privato Sigillo The like writs then issued to the Archbishop of York and 18. other Bishops to the Master of the Order of Semplingham the Master of the Knights of the Temple the Prior of the Hospital of St. Iohns Ierusalem in England and to 53. Abbots and Priors whose names are recorded in the Rolls over tedious to transcribe at large The same year 23. E. 1. there was another Parliament summoned by this memorable writ the 5. I find upon Record Rex venerabili in Christo Patri R. eadem gratia Cantuar. Archiepiscopo totius Angliae Primati salutem Sicut lex justissima provida circumspectione sacrorum principum stabilita horratur Ut quod omnes tangit ab omnibus approbetur sic 〈◊〉 eviâ—enter ut communibus periculis per remedia provisa communiter obvietur Sane satis nostis et â—am est ut credimus per universa mundi climâ—ta divulgatum qualiter Rex Franciae de terra nostra â—asconiae Nos fraudulenter cautelose decepit eam Nobis nequiter deâ—inendo Nunc vero praedictis fraude et nequitia non contentus ad expugnationem regni nostrâ— classe maxima et bellatorum copiosa multitudiâ—e congregatis cum quibus regnum nostrum regni ejusdem incolas hostiliter jam invasiâ— linguam Anglicam si concepâ—ae iniquitatis proposito detest abili potest as correspondeat quod Deus aveâ—â—at omnino de terra delere proponit Quia igitur Provisa jacula minus laedunt res vestra sicut caeterorum ejusdem regni communiter agitur in hâ—c parte Vobis mandamus in fide et dilectione quibus nobis â—enemini firmiter injungentes quod die Dominica prox post festum sancti Martini in hieme prox futura apud Westm. PERSONALITER INTERSITIS Praemunientes Priorem Capitulum Ecclesiae vestrae Archidiaconos totumque Clerum vestri Diocaesis facientes quod iidem Prior Archidiac IN PROPRIIS PERSONIS SUIS dictum Capitulum per unum idemque Clerus per duos Procuratores idoneos plenam et sufficientem potestatem ab ipsis Capitulo et Clero habentes una vobiscum intersint modis omnibus tunc ibidem ad tract and ordinand faciend nobiscum et cum caeteris Praelatis Proceribus aliis incolis regni nostri qualiter sit hujusmodi periculis et excogitatis malitiâ—s obviandum Teste Rege apud Wengeham 30 die Septembris The like Writs were then issued to the Arch Bishop of York and 13 other Bishops there named only with this diversity Praemunientes Decanos et Capitula Ecclesiarum Archidiaconos totumque Clerum suorum Dioc. facientesque quod iidem Decani Archidiaconi in propriis personis suis dict a Caepitula per unum idemque Clâ—rus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capituâ—is Clero habentes c. as before And with this peculiar different claâ—se in the writ directed W. Bathon Wellen. Episcopo Praemunientes Priorem Bathon Capitulum 〈◊〉 Decanum Capitulum Wellen. Ecclesiarum suarum necnon Archidiaconos Clerum c. And in the writ issued Coventr Lichf Episcopo Praemunientes Priorem Capit. Coventr Decanum Capitulum Lichf necnon c. ut supra Teste ut supra The like Writs were then sent to 66 Abbots and Priors there named â—omitting the whole clause of Praemunientes c. and to the Masters of the Knights of the Temple and of the order of Semplingham and to the Prior of the Hospital of St. Iohn Ierusalem in England The 6 writ is that of Claus. 24. E. 1. m. 7. Dorso Rex c. R. c. Cant. Arch. c. Vestra paternitas plane novit qualiter vos alii Praelati Clerus regni nostri apud Westm. ultimo congregati in concessione pecuniae reddituum benesiciorum vestrorum ecclesiasticorum pro defensione regni ejusdem usque ad festum sancti Michaelis prox futur nobis facta sub spe ubâ—rioris subsidii in futuro a vobis aliis praestandi admissa bonum et sufficiens nobis pro futuro tempore subsidium ob candem causam nisi interim inter Regem Franciae nos Pacem reformari vel Treugas iniri contingeret dare promisistis unanimiter liberaliter libenter cui quidem reformationi pacis vel initioni Treugarum dictus Rex Franciae hactenus non consensit Quocirca vobis mandamus in fide et dilectione quibus nobis te nemini firmiter injungentes quod in crastino animarum prox futur apud sanctum Edmundum personaliter intersitis Praemnnientes c. as before tunc ibidem ad ordinandum de quantitate modo subsidi memorati Teste Rege apud Berewic super Twede 26 die Augusti The like writs issued Custodi Archiepiscopatus Eborum sede vacante Electo Menevensi vel ejus vices gerenti ipso agente in partibus transmarinis et Electo Landavensi and to 17. Bishops more It being usual then and in succeeding times to issue out writs to Bishops elect and so to Abbots and Priors elect before their consecrations or installments and to Bishops Vicars or Vicegerents in case of their absence in forein parts The like writs were then directed to 68 Abbots but not to one Prior except of the Hospital of Ierusalem and to the Masters of the Knights of the Temple and Order of Semplingham differing only in the Praemunientes c. and this close of the writs Ad tractand ordinand faciend Nobiscum cum caeteris Prelatis et Proceâ—ibus et
of Summons to the Temporal Lords reserving my General Annotations and Observations concerning Parliamentary writs for the Close of the first Part of this Brief Register Kalendar and Survey when they have taken a full view of all the several kindes and varieties of Parliamentary writs of Summons whereon they must be grounded 1. That as the Spiritual Lords and Barons are mentioned in all Great Councils Parliaments Prologues and Acts of Parliament before the Temporal Lords and Barons So generally for the most part the writs of Summons directed to them are first entred recorded in the Dorse of the Clause Rolls before the writs to the Temporal Lords though now and then the writs to the Prince of Wales and some other Temporal Peers are first enrolled but yet very rarely 2. That when there was an Archbishop of Canterbury in being the first writ of Summons to or Prorogation of Parliaments entred in the Rolls is generally that which issued unto him as Primate of all England if within the Realm or to his 〈…〉 absence out of it But when there was no Archbishop of Canterbury living the first writ 〈…〉 in the Roâ—â—s issued to the Archbishop of 〈◊〉 as Primate of England yet now and then the first writ of Summons entred is directed to the Archbishop of York when both are living and the writ to the Gardian of the Spiritualties of Canterbury 〈…〉 of that See is someâ—imes first entred before the writ to the Archbishop of York Yea if the Archbishop of York was a Cardinal and Canterbury none ye 〈…〉 of Summons as appears by Clâ—â—s 25 H. 6. m. 16. 24 dorso and 29 H. 6. m. 〈…〉 â—orso and other Rolls 3. That when both Sees of Canterbury and York were void the first writ entred was directed to the Bishop of London as in 22 E. 3. where the Archbishop of Canterbury was elected and confirmed but not installed and York quite void and sometimes to some other Bishop without any certain method therein observed 4. That in Claus. 6 Iohannis the first writ of Summons extant there is only one single writ of Summons without the Bishops name to whom it was issued and in Claus. 26 H. 3. only one single writ of Summons to the Archbishop of York without mention of any writs to other Bishops which yet no doubt had writs of Summons as well as he though not entred as some clauses in the bodies of both these writs do intimate 5. That in the Summons of 49 H. 3. the first and only writ registred is directed to the Bishop of Durham and 18 Abbots and Priors are listed in the Eodem modo mandatum est before the Archbishop of York and other Bishops 6. That the writs directed to the Archbishops of Canterbury always stiled them Venerabili in Christo Patri eadem gratia Cantuariae Archiepiscopo totius Angliae Primati That the writs issued to the Archbishops of York ever use this stile Venerabili in Christo Patri eadem gratia Eborum Archiepiscopo Angliae Primati leaving out totius And the writs sent to all other Bishops run thus Venerabili in Christo Patri eadem gratia Episcopo c. But iâ— any Archbishop or Bishop were made a Cardinal then the stile was Cardinali et Archiepiscopo Eborum et Cardinali et Episcopo Wynton as in Claus. 25 H. 6. m. 16 24 dorso 29 H. 6. m. 21. dorso and other Clause Rolls of Hen. 6. when York and Winchester were both Cardinals and Winchester is still placed whiles a Cardinal next after York The writs to Abbots Priors Gardians of Spiritualties of Bishops and other Ecclesiastical persons usually run in this form Dilecto sibi in Christo Abbati Sancti Augustini c or Priori de Lewes c. which I have here omitted in their writs for the most part with an c. to avoid frequent Repetitions and pâ—olixity 7. That in the Eodem modo and Kalendar of the Bishops names to whom writs were directed the Archbishop of York is for the most part first named yet somtimes he and his Suffragans are listed after all the Bishops of the Province of Canterbury sometimes before them sometimes intermixed with them In the entring of the Bishops names there is no certain order or method observed for sometimes the Bishop of Durham is first named other times the Bishop of London elewhere the Bishop of Winchester sometimes the Bishop of Rochester otherwhiles Chichester Now and then all the Welsh Bishops are named together after all the rest of the Province of Canterbury yet in some Rolls they are named promiscuously intermixed with the English Prelates as the writs came first to the Registers hands and not according to the Antiquity of their Sees or consecrations for ought I can discern by comparing their entries Only it is observable that Anthony Beak Bishop of Durham a very wealthy Prelat procuring himself to be made Patriarch of Ierusalem by the Pope was summoned by the Title of A. Patriarch Ierusalem et Episc. Dunolm in the Summons of 1 2 13 of Edward 2. Here p. 15 16. and entred next after the Archbishop of York in the Rolls 8. That the Bishops for the most part are named in the Rolls and entred by themselves before the Abbots and Priors yet now and then but very rarely they are intermixed with the Abbots and Priors as in 49 H. 3. dors 11. 9. That all the Archbishops and Bishops were usually summoned to all our Parliaments but not to Councils of State and that in person if in England or alive But when any Archbishop or Bishop was absent in forein parts the King usually sent writs of Summons to their Vicars Generals and when their Bishopricks were void by their deaths or translations to another Bishoprick to the Guardians of their Spiritualties to supply their places 10. That when any Archbishop Bishop or Abbot was elected only before his confirmation or installment the writ of Summons issued to him by the name of I. Electo Cantuanae electo Hereford c. If elected and confirmed but not installed then Electo Cantuariae or Hereford confirmato By which it is evident that Archbishops Bishops and Abbots only elected or elected or confirmed might be and were usually summoned to 〈…〉 likewise in their absence beyond the Seas Yea in 2 E. 2. dors 14. There is a writ issued R. Electo Dublin Episcopo in the Eodem modo registred amongst the Bishops of England next after the Patriarch of Ierusalem and Bishop of Durham 12. That the chief reason why sometimes there are more Bishops summoned to one Parliament than another is only the vacation of their Sees by their deaths or translations what the number of them was summoned to each Parliament I have mentioned in the grosse where I find them entred in the Rolle at large to avoid the repetition of their names which those who please may peruse in the rolls themselves 1â— That the first writs
of which we have a late memorable president in m Thomas Arundel of Wardour who being created by the Charter of the Emperour Rodolph the 2. COMES SACRI IMPERII una cum universa prole atque posteritate legitima mascula et faeminea in infinitum both for his eminent service in the wars against the Turks and the Nobleness of his Family yet it was with this special saving in his Paten Serenissimae tamen Principis et Dominae Elizabethae Reginae Angliae c. IURIBUS AC SVPERIORIT ATIBUS SEMPER ILLAESIS ET SALVIS yet the Queen with the English Barons would not acknowledg him for an Earl nor Baron in England upon any terms the Queen resolving That she would by no means permit any of her sheep or subjects to wear the badge or follow the whistle of any forein Shepherd or Prince but only her own In the dâ—bate of which case it was alleged by the English Peers Soâ—ius Principis esse NON ALTEâ—RIUS CUIUSCUNQUE suis Subditis dignitates destribuere juxta illud Valeriani Imperatoris Ea sit tantum dignitas quae nobis jubentibus sustinetur Ejusmodi titulos honorarios nec à Subditis accipiendos nec à Principe admittendos Principis enim Majestati et Subditorum obsequio multum detrahi si honores ab exteris accipere permittantur tacitum enim sidei pactum inter honorantem et honoratum intercedere videri Hujusmodi titulos illecebras esse occultas ad animos subditorum à suis principibus abstrahendos c. That Reginald Mohun created Earl of Somerset by the Pope in the reign of Henry the 3. was never acknowledged to be an Earl by the King and Lords nor Robert Curson created a Baron of the sacred Empire by Maximilian the Emperor acknowledged to be a Baron in England by King Henry the 8. or his Nobles till he created him a Baron himself by his Charter without giving him a voice in Parliament as King Iames created this Thomas Arundel such a Baron by Patent ut unbratâ—lem Baronis et Comitis Sacri Imperii titulum maturè obrueret Some say the Queen committed Arundel for receiving this dignity from the Emperor but William Marâ—yn assures us that Sir Nicholas Clifford and Sir Anth Shirley whom the French King for their Service in the wars received into the Order of S. Michael were laid in prison at their coming home charged to resign their robes and see that their names were blotted out of the French Commentaries It is the general received opinion of all Lawyers Civil Canon Commonâ— Heraulds and others who have written of Nobility that none but Emperors or Kings can create Dukes Earls Marquesses Lords Barons and Peers and that only within their own Dominions A Rege enimemanâ—â— it origo Dâ—gâ—itaâ—um Temporalium A Rege et Principe prostâ—uâ—t â—t derivantur tanquam a fonte omâ— es Magistratus et Dignitates qâ—ia in eo sunt omnes dignitatum thesauri recondâ—i Ad Regem solum spect at creare Comites Barones Princeps solus magnas Dignitates confer at Non dicâ—ur vera Nobilitas vel Baro ex infâ—udationâ— nisi â— Principe as they all unanimously resolve Hence Baldus and Alciat define a Baron to be one who hath merum justumquâ— imperium in aliquo Castro Oppidione CONCESSIONE PRINCIPIS In Bâ—hâ—mia Moravia â—ilesia Lusatia and other Provinces iâ—corporated to it Summam pâ—testâ—em obtinet Rex et non solum NOBILES 〈…〉 ET BARONES CREAT quemadmodum in Silesia ad quatuor primarios BARONATUS nâ—mo admittitur nisi vel ab IMPERATORE VEL REGE BOHEMIAE BARO CREATUS â—VERIT writes Nolden and Dubravius informs as that one Honora primum inter BARONES autoritate Caesaris Henâ—ici H. the 1. adâ—um PROCERUM gradum proveb batur quae nunc BARONES a quercu in Bohemia appellantur Franciscus Capiblancus resolves BARONUM nomine Comites aliâ—sque Titularios compraehendi nos dicimus Nam istud verbum BARO est scala et caput DIGNITAIV MREGALIUM And thence he inferrs Dignitas BARONALIS cum sit Dignitas et caput dignitatum sp cificè est tribuenda A PRINCIPE cujus est eas confâ—â—re cum ab eo fluant et refluant In France such Feiffs as are at the Kings pleasure and by his license erected into Baronies are the only Territories that give the Title of a BARON and the Lord thereof is stiled A BARON per le Conge du Prince as Mr. Selden proves out of Simon Marion Pâ—oydey 9â— who addes That when A BARONY came to the King of France by escheat or otherwise the Kings giâ—t of the BARONY by Charter made the Patentee A BARON without other Rules of Creation After which he proves by the Code of King Henry the 4. that the Titles and Honours of a Duke Marquess Earls and BARONY and their prerogatâ—ve A SOLO REGE TRIâ—â—I POSSVNT And in Spain all their great Dignitie and Titles of Nobility are not only originally derived from the King but most of them upon every death are received again FROM THE KING though not by any Charter of new Creation yet by the Kings acknowledgement of them by adding the titular Name to the heir who by his own name only without the addition of his Title signifies to the King the death of his Ancestor Therefore doubtless none but our Kings and Queens alone can create Earls Lords or Baronâ— of Parliament in England there being no one presidâ—nt in Anâ—iquity nor in any Emâ—ire or Kingdom in the world that I remember to the contrary and this I conceive to be most clearly resolved in and by the Statuâ—es â—f 27 H. c. 24 31 H. 8. c. 10. 28. That one of the first Bâ—rons created by Patent whose Patent is yet exâ—ant waâ— Iâ—hn de Beauchamp Stewâ—rd of the Houshold to King Râ—chard the 2. whose Patent runs in this form Richardus c. Sciatis quod pro bonis et gratuitis servitiis quae dilectus et fidelis Mâ—les noster Iohannes de Beauchamp de HOLT Senescallus hospitii nostri nobis impendit ac loco per ipsum tempore Coronationis nostrae hucusque impensis et quem pro Nobis tenere poterit in fururum IN NOSTRIS CONSILIIS PARLIAMENTIS necnon pro Nobili et fideli genere unde dâ—scendiâ— et pro suis magnisicis sensu et circumspectione ipsum Iohannem INUNUM PARIUM Aâ— BARONVM REGNI NOSTRI ANGLIAE PRAEFECIMUS Volentes quod IDEM IOHANNES HAEREDES MASCULI DE CORPORE SUO EXEUNTES STATVM BARONIS SVSTINEANT DOMINI DE BEAUCHAMP BARONES DE KIDERMINSTER NUNCUPENTUR In cujus c. datum 10 Octobris I finde this Iohn Beauchamp only once mentioned in the List of Summons in Claus. 11 R. 2. dors 24. dated 27 die Decembris within 3. moneths of his creation where he is stiled only Iohanni Beauchamp de Kiderminster but neither Dominus de Beauchamp nor
Norwich Waltero de Thorp Gilberto de Middleton T. ut supra to come to the King apud Dover another day 33 It is most apparent by these respective Clauses twice recited in all antient and modern writs of summons to the Spiritual Temporal Lords 4 or 5 times in the writs of Prorogation Resummons to them hereafter cited Section 7. Vobiscum cum caeteris Praelatis or cum Praelatis et caeteris Magnatibus et Proceribus dicti regni habere volumus or proponimus Colloquium Tractatum Vobis mandamus c. quod personaliter ad dictos diem locum intersitis Nobiscum et cum caeteris Praelatis Magnatibus et Proceribus dicti regni super dictis negotiis tractaturi vestrumque Consilium impensuri which make not the least mention of their sitting treating or consulting with the Knights Citizens Burgesses or Commons of the Realm or of theirs with the Lords And by the like Clauses in the writs of Summons to the Kings Counsil and in the writs issued to Sheriffs for electing Knights Citizens and Burgesses The first part whereof recites Quia nos de avisamento et assensu Consilii nostrâ— c. quoddam Parliamentum nostrum apud W. c. tâ—neri ordinavimus et ibidem cum Praelatis Magnatibus Proceribus dicti regni nostri ColloquiuÌ„â—abere et Tractatuâ— without mentioning any Conference or Treaty at all of the Commons jointly with the Prelats Lords Great men in the Parliament who by the writ are to be elected reâ—urned summoned impowred only Ad faciendum et consentiendum hiis quae tunc ibidem de Communi Consilio regni nostri or Praelatorum Magnatum Procerum dicti regni nostri divina favente Clementia contigerit ordinari That the Lords and Commons nevâ—r sate and consulted together as one intire House in the Parliaments of England since their first Summons to our Parliaments but that theâ— alwaies sate and consulted asunder one from the other Therfore Sir Edw. Cook his over-confident Assertion without any real ground of Authority or reason in his 4. Institutes p. 4. Certain it is that at the first both Houses â—ate together as it appeareth by Modus tenendi Parliamentum which directly avers the contrary Sect. 15 16 17 27. and by 5 E. 3. n. 3. other places of the same Roll and in 6 E. 3. in divers places it appeareth that the Lords and Commons sate together when as both those Parliament Rolls and others unâ—er Ed. 3. expresly evidence the contrary as I have elsewhere fully evidenced must be exploded as Apochryphal and enumerated amongst his other mistakes 34 That the Temporal Lords could not impose any Tax Aid or Subsidy upon the Archbishops Bishops Abbots Priors and Spiritual Lords or Clergy without or against their particular grants or assents in Convocation no more than the Spiritual Lords and Clergy could impose any Aids or Taxes upon the Temporal Lords and Commons as I have formerly evidenced p. 113. to 120. 148 149 153 154 155. For further evidence whereof I shall hereunto subjoyn this ensuing memorable writ casuallâ— omitted out of the first Section pag. 31. where it should have been placed Clauâ— 4 â—d 3. m. 3. dorso Rex venerabili in Christo Paâ—ri S. eadem gratia Archiepiscopo Cantuar. totius Angliae Primati salutem A vestra memoria non excidit ut speramus qualiter nuper apud Elâ—ham in praesentia vestra et aliorum Praelatorum et Procerum de regno nostro quos tunc ibidem pro magnis et arduis nego â—iis nostris fecimus congregari exposita â—uerunt inter alia negotia contingentia Nos et Regem Franciae et post diligentem tractatum inde habitum tam vobis quam ipsis videbatur quod pro pace habenda cum ipso Rege esset omnibus modis et viis quibus poâ—sumus exhaeredâ—tionis periculo obviare insistend Et si forâ—an ideÌ„ Rex vias Pacis rationabiles recusarâ—t et ad exhaeredationem nostram quoad Ducatum praedictum et alias terras quas habemus subDominio suo niâ—eretur quod ad defensionem nostram contra ipsuÌ„ cuÌ„ Dei adjutorio vires nostras opponere deberemuâ— Eâ— ad hoc tam vos quam câ—â—â—eri Praelaâ—i 〈◊〉 Magnates tunc ibidem existen praebuistis consilium â—et promisistis opem et auxilium opponere oportunium Et suâ—er hoc concordatum existiâ— quod Parâ—iamentum nostrum apud Wynton ad diem Dominicam prox ante festum Sancti Gregorâ—i Papae prox prae eriâ—um summoneri fâ—cerimus Verum quia in eodem Pâ—rliamento expositis negotiis supradictis habitaque deliberaâ—ione super modo et forma defensionis contra potentiam ipsius Regis si forsan dictas terras nostras invadere voluerit apponendo petitoque sigillatim a qâ—â—liber Praelâ—to et Magnate CUIVSMODI SUBSIDIUM NOBIS IN EODEM EVENâ—U FACERE VOLEBAT ac Comitibus et BARONIBUS voluntatem in ea parte Nobis benevole exponenâ—ibus dicti Praelati responderuâ—â— quod propâ—er absentiam vestram eorum responsum tunc facere nequiverunt sed IN CONVOCATIONE ea de causa facienda taliter facere volebant quod inde contentari deberemus Nos igitur ad pericula et dampna quae non solum nobis sed etiam vobis et toto regno nostro evenire poterunt si praefatus Rex Nobis guerram movere voluerit ut est dictum nisi de bona et forti resistenâ—ia providaâ—uâ— â—â—bitae considerationis inâ—uitum diâ—igentes attendenâ—es quoque quod ad hoc non solum ex Ligeantiae debiâ—o sed etiam pro tantis et tam ineâ—â—imabi ibus evitandis periculis Vos et caeteri Praelati â—atuâ—qâ—e Clerus regni nostri manus apponere tenemini adjuâ—rices Vobis mandamus rogantes quaâ—inus ad diem Lunae prox post sestum Sanctorum Tiburtâ—â— Valeriani prox futur convenire fac omnes Praelatos tam Religiosos quam alios totumquâ— Câ—erum vestrum Cantuar. Provinciae coram Vobis eisque dicta negotia et peâ—icula imminentia seriosius exponere studeatis Inducentes eos modis et viis quibus expedire videâ—iâ—is quod tantae necessitatis articulo TALE NOBIS SUBSIDIVM FACIANT pro tantis periculis evitandis quod per vestrum et ipsorum subventionem jura et honorem nostri et totius regni nostri conservare ipsosque et totum populum nostrum ab hostium incâ—rsibus â—ueri et protegere valeamus domino nobis assistente Mittemus autem ad vos ad â—iem et locum praedictos quosdam de fidelibus nostris ad praemi sa prosequenda â—ieri curanda prout eis tunc ex parte nostra injungetur Teste Rege apud Winton 18 die Marcii Anno Regni nostri quarto 35. That the Lords in Pâ—rliament were the usual Iudges not only in all Crâ—minal and Civil Causes and writs of Error but likewise in all cases of Precedency and Controversies concâ—rning Peers and Peerage as
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
and summoned to Parliament as Barons though listed amongst the Earls by reason of their Scotish Dignity as you may read at large in Augustin Vincâ—nâ—s Discovery of Errors in Mr. Brook his Catalogue of Nobâ—lity p. 10 11 12. Mr. Cambden Scotland p. 45. and here p. 21 2. which will rectifie the mistake in Brooks Abridgement Title Parliament 84. The last of them dying without Heirs males in 4 R. 2. they ceased to be summoned Aquitain Iohâ— Duke thereâ—f and of Lancaster sumâ—moned by that Title Cl. 15 16 17 20 21 R. 2. See Lancaster Arundel Rich. Fitz Alan Earle thereof summoned 23 d. 9. 25 d. 25. 27 d. 16 18 28 d. 3 17. E. 1. Edmund Earl of Arundel summoned 34 E. 1. 1 d. 8 9 11 19. 2 d. 11 14 20 3 d. 16 17. 4 5 d. 11 17 25. 6 d 3â— 7 d. 16 27. 8 d. 19. 35. 9 d. 22. 11 d. 8 14. 12 d. 11 29. 13 d. 13. 14 d. 5 29. 15 d. 16. 16 d. 20. 17 d. 27. 18 d. 5 15 21 34 19 d. 27. E. 2. Richard 5 E 3. d. 7 25. pars 2. d. 7. 6 d. 4 9 19 36. 7 d. 3. 8 d. 18. 9 d. 8. 28. 10 d. 1 5. 11 p. 1. d. 8. 15. p. 2. d. 40. 12 d. 32. 13 d. 3. 28. 14 d. 33. 16 p. 1. d. 39. p. 2. d. 13. 18 d. 14. 21 p. 1. d. 28. p. 2. d. 9. 22. p. 1. d. 32. p. 2. d. 3 7. 23 d. 23. 24 d. 3. 25 d. 5. 26 d. 14. 27 d. 12. 28. d. 26. 29 d. 7 8. 31 d. 2. 21. 33 d. 10. 34 d. d. 4. 35 36 d. 16. 37 d. 22. 38 d. d. 3. 39 d. 2. 42 d. 22. 43 d. 24. 44 d. 1. 46 d. 9 10 11. 47 d. 15. 50 d. 6. Ed. 3. 1 d. 37. 2 d. 13 29. 3 d. 32. 4 d. 12. 5 d. 40. 6 d. 37. 7 d. 10 37. 8 9 10 11 d. 13 24. 12 13 14 15 16 17 19 20 R. 2. â—homas 1 2 3 5 p. 1. d. 28. p. 2. d. 4. â— 6 7 9 11 12 14 H. 4. 1 2 3 H. 5. Iohn 4 H. 5. Richard 1 2. 3 H. 6. William summoned 20 23 25 27 28 29 31 33 38 49 H. 6. 7 9 12 22 23 E. 4. Athol A. Writ Iohanni Comiti Athol Custodiâ—terrae Regis Scotiae ultra mare to summon others in Scotland 33 d. â—0 E 1. David de Strabolgi Earl of Athol summoned to Parliaments 15 d. 16. 16 d. 26. 17 d. 27. 18 d. 15 21 34. 20 d. 2. E. 2. 4 d. 13 38 41. 5 p. 1. d. 7. 25. p. 2. d. 7. 6 d. 4. 9 19. 36. 7 p. 2. d. 3. 8 d. 14. E. 3. David 35 d. 36 39 d. 2. 42 d. 22. 43 d. 24. Ed. 3. These Davids de Strabolâ—â— were Barons of Mitford in England though the Title of their Earldom was Scotish and summoned thus to Parliaments in respect of this English Barony though listed amongst the Earls as you may read in Mr. Brook his Catalogue of Nobility and Augustin Vincent his Discovery of the Errors therein p. 36 37 38. to whom I refer you both for their pedigre and death without heirs males B BEdford Ingeram de Couâ—y Earl thereof summoned to Parl. 43 E. 3. d 24. Iohn Duke of Bedford summoned 2 3 4 5 H. 5. 4 11 13 H. 6. Boughan in Scotland Henry de Bellomonâ—e Beaumont Earl thereof summoned 7 p. 2. d. 3. 8 d. 8. 18. 10 d. 1. 5. 11 p. 1. d. 8 15. p. 2. d. 11. 40. 12 p. 2. d. 32. 13 p. 2. d. 1. 28. 14 p. 1. d. 23. E. 3. See Vincent p. 5. Buckingham Thomas de Wodestoke Earl thereof and Constable of England summoned 1 d. 37. 2 d. 13 29. 3 d. 32. 4 d. 12. 5 d. 40. 6 d. 37. 7 d. 10. 37. 8 d. 35 R. 2. Humfrey Duke thereof summoned 23 25 27 28 29. 31 33 38 H. 6. Henry Duke thereof summoned 22 23 d. 10. E. 4. C CAmbridge Cantabrigiae Edmund Son to King Edward 3. Earl thereof summoned 37 d. 22. 38 d. 3. 39 d. 2. 42 d. 22. 46 d. 9. 47 d. 13. 49 d. 4 6. 50 p. 2. d. 6 E. 3. 1 d. 37. 2 d. 13 29. 3 d. 32. 7 d. 10 37. 8 d. 35. R. 2. Richard Earl thereof summoned 2 d. 16 H. 5. Cantiae See Kent Cestriae Chester Edward Pâ—ince of Wales eldest Son of K. â— 1. Earl of Chester and so stiled in the Writs of Summons 30 d. 8. 13. E. 1. Edward eldest Son of K. E. 2. Prince of Wâ—les Earl thereof summoned 14 d. 23. 15 d. 16. 16 d. 26. 17 d. 27. 18 d. 5 15 21 24. E. 2. Edward Son of Edward 3. Prince of Wales 25 p. 1. d. 5. 26 d. 14. 27 d. 12. 28 d. 6. E. 3. Richard Prince of Wales 50 p. 2. d. 6. E. 3. See Prince of Wales Clarence Thomas Duke thereof summoned 1. d. 9. 37. 2 d. 16. 3 d. 15. 4 d. 26. H. 5. George Duke thereof summouned 49 H. 6. d. 6. 7 d. 1. 9 d. 3. 12 d. 41. E. 4. Edmunâ—â—arl â—arl thereof summoned 23 d. 3 9. 24 d. 7. 25 d. 25. 17 d. 9. 16 18. 28 d. 17. â— 1. Pâ—ter de Gaveston Earl thereof summoned 1 d. 8. 11. 3 d. 16 17. E. 2. Iohn de Eltham â— the Kings Brother Earl thereof summoned 4 d. 1â— 32 41. 5 p. 1. d. 7. 25. p. 2. d. 7. 6 d. 4 9 19 36. 7 p. 2. d. 3. 8 d. 18. 9 d. 8 18. E. 3. Edward Prince of Wales Duke of Coâ—nwall summoned 24 p. 2. d. 33. 25 p. 1. d. 5. 26 d. 14. 27 d. 12. 28 d. 16. E. 3. Richard Prince of Wales and Duke of Cornwall summoned 50 p. 2. d. 6. 〈…〉 See Prince of Wales D DErby the Earl thereof summoned 49 d. 11. d. 3. Henry de Lancaster Earl thereof summoned 11 p. 1. d. 8. 15 p. 2. d. 11 40. 14 p. 2. d. 33. 16 p. 1. d. 30. 17 p. 1. d. 25. 18 p. 1. d. 14. E. 3. Henry de Lancaster Earl thereof summoned 9 d. 45 10 d. 42. 11. d. 13 24. 12 d. 42. 13 d. 5. 14 d. 42. 15. d. 37. 16 d. 23. 17 d. â—0 18 d. 23. 20 p. 1. d. 15. â—1 p. 1. d. 27. R. 2. Devon Hugh de Countenay Earl thereof summoned 9 d. 8 28. 10 d. 1 5. 11 p. 1. d. 8. 15. p. 2. d. 11 40 12 p. 2. d. 1. 28. 14 p. 1. d. 23 33. 15 p. 1. d 37. 17 p. 1. d. 25. 18 p. 1. d. 14. 20 p. 2 d. 22. 21 p. 1. d. 28. p. 2. d. 9. 22 p. 1. d. 32. p. 2. d. 3 7. 23 p. 1. d. 23. 24 p. 1. d. 3. 25 p. 1. d. 5. 26 d. 14. 27 d 12. 28 d. 26. 29 d. 7 8. 31 d. 2. 21. 32 d. 14. 33 d. 10. 34 d. 4 35. 36 d. 16 38 d. 3. 39 d. 2. 4â— d. 23. 43 d. 24. 44 d. 1. 46 d. 9 10 11. 47 d. 13. 49 d. 4.
11 d. 32. 12 d 2. H. 4. 1 d 9. 37. 2 d 16. H. 5. William de la Pool Earl thereof summoned 9 d 18 10 d 10. 11 d 16. 13 d 2. 20 d 27. Made and summoned as Marquess of Suffolk 23 d. 21. 25 d. 24. summoned as Duke of Suffolk 27 d 24. 28 d. 26. H. 6. Iohn Duke thereof summoned 49 d 6. H. 6. 6 d 1. 9 d 3. 12 d 41. 22 23 d 10. E. 4. Surrey Iohn de Warrenna Earl thereof summoned 23 d 9. 27 d 9. 16. 18. 28 d 3. 17 30 d 8. 13. 34 d 2. E. 1. 1 d 8. 11. 19. 2 d 11. 14. 20. 3 d 16. 17. 5 d 11. 17. 25. 6 d 3. 31. 7 d 16 27. 8 d 29. 35. 9 d 22. 11 d 8. 12. 14. 12 d. 11. 29. 13 d 13. 14 d 5. 29. 15 d 16. 17 d 27. 18 d 15. 21. 34. 20 d 4. E. 2. 1 p. 2. d 11. 16. 2 d 11. 15. 23. 31. 4 d 13. 32. 42. 5 d 7. 25. 6 d 4. 9. 19. 36. 7 p 2. d 3. 8 d 18. 9 d 8. 28. 10 d 1. 5. 11 p 1. d 8. 15. p 2. d 11. 40. 13 p 2. d 1. 28. 14 p. 1. d. 23. 33. 15 p. 1. d. 37. 16 p. 1. d. 39. p. 2. d. 13. 22. 17 p. 1. d. 25. 18 p. 1 d. 14. 20 p. 1. d. 22. 21 p. 1. d. 28. E. 3. Thomas Holland Duke of Surry summoned 21 p. 1. d. 27. 23. d. 3. R. 2. 1 d. 37. H. 4. V ULâ—on Liâ—â—â—l the Kings Son Earl thereof summoned 34 d. 4. E. 3. sent into Ireland with an Army 35 E. 3. d. 33. 36. E. 3. d. 42. W WAles Edward eldest Son of Ed. 2. Prince of Wales c. summoned 30 d 8. 13. 32 d. 2. 33 d. 10. 31. 34 d. 2. E. 1. Edward eldest Son of Ed. 3. Prince of Wales c. summoned 24 p. 2. d. 3. 25 p. 1. d. 5. 26 d. 14. 27 d. 12. 28 d. 26. 31 d. 2. 34 d. 4. 42 d. 22. 44. d. 1. 46 d. 9. 10. 47 d. 13. E. 3. Richard ` Prince of Wales stiled the Kings Son though his Grandchild onely summoned 50 p. 2. d. 6. E. 3. Henry Prince of Wales c. summoned 1 2 p. 1. d. 3. 3. d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 9 11 d. 32. 12 d. 2. 14 d. 22. H. 4. Edward eldest Son of E. 4. Prince of Wales summoned 22 23. d. 10. E. 4. Warenne Iohn Earl thereof summoned 23 d. 3. 24 d. 7. E. 1. Warwick William de Bello-campo Beauchamp Earl thereof summoned 23 d. 3. 9. 24 d. 7. 25 d. 25. E. 1. Guido de Bello Campo Earl thereof summoned 27 d. 16. 18. 28 d. 3. 17. 30 d. 8. 13. 32 d. 2 33 d. 21. 35 d. 13. E. 1. 1 d. 11. 19 2 d. 11. 14. 20 3 d. 16. 17. 4 d. 1 5 d. 11. 17. 25. 6 d. 3. 31. 7 d. 16. 17. 8 d. 35. E. 2. Thomas de Bello-campo Earl thereof summoned 4 d. 13. 32. 41. 5 p. 1. d. 7. 25. p. 2. d. 7. 6 d. 9. 19. 24 36. 7 p. 2. d. 32. 1â— p. 2. d. 1. 28. 14 p. 1. d. 33. 16 p. 1. d. 39. 17 p. 1. d. 14. 21 p. 1. d. 32. p. 2. d. 3. 7. 23 p. 1. d. 23. 24 p. 2. d. 3. 25 p. 1. d. 5. 26 p. 1. d. 14. 27 d. 12. 28 d. 26. 31 d. 21. 32 d. 14. 34 d. 4. 36 d. 16. 42 d. 22. 34 d. 24. 44 d. 1. 46 d. 4. 49 d. 4. 6. 50 p. 2. d. 6. E. 3. 1. d. 37. 2 d. 13. 29. 3 d. 32. 4 d. 32. 5 d. 40. 6 d. 37. 7 d. 10. 37. 8 d. 35. 9 d. 46. 10. d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d 30. 18 d. 23. 20 p. 1 d. 15. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. H. 4. Richard Earl thereof summoned 5 p. 1. d. 28. p 2. d. 4. 6 7 d. 30. 9 d. â— 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 9 37 2 d. 16. 4 d 16. 8 d. 2. H. 5. 1 d. 22. 2 d. 18 3 d. 3. 6 d. 4. 7 d. 2. 10 d. 10. 11 d. 10. 13 d. 2. 15 d. 18. 29 d. 41. 31 d. 36. 33 d. 36. 49 d. 6. H. 6. 1 d. 31. 2 d. 3. 6 d. 1. 9 d. 3. E. 4. Westmerland Ralf de Nevil Earl thereof summoned 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1 28. p. 2. d. 4. 6 7 d. 30. 8 d. 2. 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 5. 37. 2 d. 16. 3â— d. 15. 4 d. 16. 5 d. 11. 7 d. 9. 8 d. 2. 9 d. 13. H. 5. 1. d. 22 2 d. 26. 3 d. 9 7 d. 2. 9 d. 18 10 10. 11 d. 10. 12 d. 1. 13 d. 2. 15 d. 18 18 d. 33. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 28 d 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. 49 d. 6. H. 6. 1 d. 35. 2 d. 3. 6 d. 1. 9 d. 3. 12 d. 41. 22 23 d. 16. E. 4. Wigorne Worcester Thomas de Percy Earl thereof summoned 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. Richard Earl thereof summoned 8 d. 2. H. 5. Iohn Earl thereof summoned 28 d. 26. 29. d. 41. 31 d. 36. 33 d. 36. H. 6. 2 d. 3. E. 4. Edward Tibetot Earl thereof summoned 6 d. 4. E. 4. Wilts Wiltshire Wiltes Iames Earl thereof summoned 28. d. 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. H. 6. Iohn Earl thereof summoned 12 d. 41. E. 4. Winton Winchester Hugh le Dispencer Earl thereof summoned 16 d. 26. 17 d. 27. 18 d. 5. 15. 21. 34. 19 d. 27. E. 2. Y YOrk Edmond Duke thereof summoned 9 d. 45. 10 d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d. 3. 30. 20 p. 1. d. 15. 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 8 d. 2. H. 4. Edward Duke thereof summoned 9 d. â— 11 d. 26. 12 d. 3. H. 4. 1 d. 9. 37. 2 d. 16. H. 5. Richard Duke thereof summoned 11 d. 10 13 d. 2. 18 d. 3. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 29 d. 41. 31 d. 36. 33 d. 36 H. 6. An Exact Alphabetical and Chronological Table of all the Temporal Lords Baâ—ons Viscounts and Great Men summoned to Parliaments and Great Councils in England from 49. H. 3. till 23. E. 4. with the years dorses of the Clause Rolls in each Kings Reign and Numbers of the Parliaments to which they were summoned p. in the Parenthesis signifying the part of the Clause Roll of the year
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.
* See here p 12. â— See my plea for the Lords * P. 194 to 208. * P. 218 219 220. * See Hoveden p. 533 534 540 541 545 546. Here p. 204 * Here p. 217 218. * Here p. 185 186. * Cook 4. Instir p. 1. * See My Minors no Senators * In my plea for the Lords * See my Plea for the Lordâ— p. 21 22 35. 〈…〉 p. 217. * 4 lustâ—â— p. 1. * See my Plea for the Lords Epistle to the Reader and p. 147. to 161 * Here p. 163 164 171 c. Comitibus â—aronibus Boronibuâ— * Seldens Titles of Honor. pars 2. ch 4. sect 3. 4. 5. 6. to 20. * See Claus. 32 E 3. doâ—â— 14. a 4 E 4 f 4 â— Bâ—ook Officer 25. 34 II. 8. c. 24. b 4. Institutes p. 44. 45. c Mr. Seldens Titles of Honor. p. 370 to 376. Spelmanni Glostarium p. 3. 4. d My Plea for the Lords p. 151. to 160. e Instit. p. 1. f Mat. Paris p 884 See my Plea for the Lords p. 21. 22. 23. 24. 25. c. g See Mr. Iohn Rushworth his Historicall Collections p. 240. 241. c. * Mr. Rushworths Historical Collections p. 361. to 375. * Glossarium p 80. * Seldens Titles of Honor. p. 663. 665. 747. 748 751. 757. 763. a See here p. 160. 161. b See here p. 217. 218. 219. c See here p. 221. 222. My Plea for the Lords p. 278. 279. 282. d See Mr. Râ—shworâ—hs Hâ—storical Collections p â— 40 â—41 242. 243. â—44 â—67 to 376. d See the Proposiriâ—ns my Speech in Parliament p. 43. 44. * As King Iames acknowledged See Mr. Râ—shworths Historical Collections p. 25. to 34. e Febr. 6. March 17. 19 An. 1648. f Ianuary 2 An. 1649. a Titles of Honor. p. 650. b Hist. l. 2. c. 2. Militâ—s De veniendo ad Parliamenâ—um De mittendis Jurisperitis ad Parliamentum * Without cum caeteris de Consilio nostro * With cum caeteris de Consilio nostro twice reciâ—ed in 2. of them and buâ—once in the oâ—ther Clericis Consilii â—usticâ—ar De veniendâ— ad Regem De interessendo Parliamento * See Cookes 4 Instit. p. 24. * Cookes 4 Insâ—it p. 4. * Sec â— 341 342. * See my Table to An Exact Abridgement Title Councils and Counsellors a 4 Instit. p. 4. * See p 357 a See my Table to the Exact Abridgement of the Records of the Tower Title Counâ—ell * 21 E. 1. roâ— 4. 22 E. 1. rot 5. Cooks 2 Instit p. 508. The 2d Part of my Demurrer p. 123. * 2. Institutes p. 106. 707. 568. a See this Ordinance inrolled at large Claus. Ann. 33 E. 1. m. 13. dorso in Cedula and remembred by Mat. Westm. pars 2. p. 451 452. * Then in being but since not extant b Placita in Parl. Anno 33 E. 1. roâ— 17. 2â— * See Poultons Statutes at large p. 39 43 44. * See Claus. 38 11. 3. dors 13. De Magnatibus Vocatis ad Consilium Claus. 38 H. 3. dors 13. Claus. 3â— H. 3. dors 13. a 4. Institutes p. 10. b Bractan l. 5. f. 413. Britton 122. 227. Fleta l. 2. c. 12 West 2. c. 23. 1. part of the â—nstiâ— Sect. 101 f. 73. b. c Lib. 5. f. 413. d Instis. f. â—3 b. e See the 2. and 3. part of my Historical Collection and Vindication My Abridgement of the ancient Councils and Parliaments of Eng. f Matth. Westminster 2. p. 363 264 387 321 405 411 415 438 439 463 464 col 1965 1977. f Cookes 1. Instit. p. 109 110 4. Instit c. 1. Cromtons Jurisdiction of Courts Ch. 1. The Antiquity of the Parliaments of England by Justice Dodridge and others p. 43. 65 66. * The Antiquity of the Parliament of England p. 78 79. writes that this word was first brought into this Realm by the French Monkes and first used by the Statists in the time of H. 1. that Abbot Ingulphus first used it who dyed in the year 1109. h See Balaeus Script Brit. cens 4. c. 26. p 315 316. i Edit Tigrui 1589. p. 674. 677. 686. 687. k Ibidem p. 702. 707. l Scriptorum Brit. Cen. 4. c. 94. a See the Praeface to Mat Paris and Mat Westm 〈◊〉 Script Brit. Cent. 6. c. 31. b Mr. Seldens Praeface Historiae Anglicanae Scriptoreâ— X. Londini 1652. c Chron. Johannis Brompton Col. 866. l. 50. 908. l. 36 937. l. 28. 1005. l. 65. 1066. l. 62. 1058. l. 66. 1282. l. 66. d Polychron l. 7. c. 38. e Ypodigma Neustriae Londini 1574. p. 61 62. f 4 Inst. p. 12. 341. 1. Instit. f. 10. 2. Instit. p. 7 8. g See Spelmaâ—ni Concilia p. 534. h De Eventibus Angliae Col. 2463 2491 2528 2549. i Gul. Lambardi Archivon The Antiquity of the Parliaments of England p. 28 29. k Titles of Honour p. 613. 738 to 745. l In his Letter Mr. William Hackwel m Preface to the 9. Reproof n Spelmanni Concil p. 534. o See my seasonable Legal Historical Vindication part 3. p. 231 232 233. â— 11. p. 40. * 7. Jac. c. 6. p A Collection of Ordinanceâ— p. 420. K. 430. q 3 Caroli r Mr. Rushworths Historical Collections p. 423. s Exact Colection p. 8. a 37. H. 8. c. 26. 34 H. 8. c. 26. * See my Argument of the case of the Lord Maguire * A Collection of Ordinances p. 877 878. * See the Independency of England by Henry Martin 1628. * Ordinatio pro stabilitate terrae Scotiae cl 33. E. 1. dorse 13. Cedula Rustal Partition 2. 1. Jac. c. 2. 16. Caroli here p. 414 415 416. * See Mr. Rushworths Historical Collections p. 237. * Mark 2. 21. * Luk. 5. 36. a De Legibus consuetudini Regni Angliae b Lib. 5. c Cap. 48. d Lib 2. c. 12. e Praeâ—ace to Naâ— Brevium f Dâ—gest of Writs g 1. Instit. f. 73. b. h Britton c. 48. Statham Fitzherbert Brock Thelwel Ash Title Brief Abatement de Brief Errour i Here p. â—3 k See Mr. Rushworth his Historical Collections p. 4 10 c. l Seldens Titles of Honour p 663 665 747 748 751 757 764 c. m 4 Inst p. 3. n King Chaâ—les his Declaration 13. June 2. Car. Mr. Rushworths Historical Colâ—ectiods p. 411. o My Legal Vindication against illegal Taxes p Here p. 43 44 46 50 51 52 67 68 80 84 85 86 87 c An exact Abridgement of the Records in the Tower p. 542 543 552 561 597. q Here p. 9. 41 42 44 46 48 49 50 93 64. r Exact Abridgement of the Records in the Tower p. 564 568 869 592 658. * In the second part of my soveraign power of Parliaments Kingdomes p 67 68. b 1 Pet 2. 13 14. 1 Tim. 2. 2. Prov. 8. 2. 4 Dan 2. 37 38. * Walsingham Hist Angl. p. 55 56 Mat. Westm. p. 435 536. Henry de Knyghton de eventibus Angl. l. 3. c. 13. Col. 3529. s Hen. p. 31. i See p 7 10 11 15 16 17 18 19 21 24 27 30 63 64 162 164 168 169 171. 343 348 c. u Beda Eccles Hist. l. 4. c 5. Spelmanni Concil p. 153. x Horneâ— Myrrour p. 1. Cooks 1. Instit f. 110. â— y See p. 13 14 19 21 27 28 44 177. z See p. 27 28 29 32 41 43 177. a See p. 19 20 â—4 30 38 39 40 4â— 48 52 57 62 63 174 187 to 192. b See p. 11 12 13 29 45 48 49 53 54 56 59 63 64 67 74 88 93. Hoâ—ns Myrrour ch 5. sect 11. p. 282. c See p. 6 7 8 12. 17 45 46 6â— 68 70. 71 72 73 74 76 77 131 to â—24 232 233 234. * 23 H. 6. c. 12. 6. H. 8. c. 16. Registerâ— 192 Cooks 4. Instit p. 46. 1 H. 5. Rot. Parl. n. 26. a Mat. Farker Antiq. Eccles. Brit. tan p. 113. 114. 124. 125â—â— 198. 333. Godwins Catalogue of Bishops in Canterbury and York b Claus. 6. E. 3. m. 13. dorso c Autiquitates Eccles. Brit. p. 1â—8 333. d Patent An. 6. E. 3. part 2. m. 15. e My Plea for the Lords p. 371. to 419. * See Cooks 4. Instit. p. 15. to 21. 5 R. 2. Sâ—at 2. c. 4. My Plea for the Lords p. 29. 9. H. 8. c. 16. f James Baggs case Cooks 11 Reports f. 93. tâ— 100. g Bracton l. 5. c. 5. f 412. See my Ardua Regni h See my Plea for the Lords Objection Answer * Exact Collection p. 321. * Exact Collection p. 321. * See their Whitehall Ordinance of 24. Decemb. 17. March 1653. and May 4. Iune 8. 1654. The first part of my Seasonable Legall Historicall Vindication London 1655 p 67. to 100. The Instructions to the Major Generalls My Summary Collection of the Fundamental Rights Liberties Properties of all English Freemen p. 53. to 64. * See p. 240. a Ea quae contra leges siunt non solum inutilia sed etiam pro infectis habenda sunt Justin. Cod. l. 1. Tit. 22. Gratian Caus. 25. qu. 2. b Mr. John Rushworths Historical Collections p. 43 44 47 50 51 53 57 140 151 195 360 362 365 410 to 417 643 631 672 c. Appendix p. 1 2 c. c The Declaration of the General Officers of the Army 22 August 1653 p. 4 5 6. A true State of the Common-wealth of England p. 2. to 14. d Gratian Causa 25. qu. 2. f. 493. See Littleon sect 178. Cooks 1 Instit f. 23. 11 Report f. 98. 9 H 6. 55. Brook Officer 44 48 51. Here p 450. * See Retorna Brevium Cromptons Jurisdict of Courts f. 2. Daltons Office of Sheriffs the Returns Indentures in the Tower Rolls * See their Declaration Votes of Jan. 2. Feb. 6. March 17. 19. 1648. The 2. Part of the History of Independency * See A true State of the Common-wealth of England p. 8. to 16. * Dyer f. 60. a. Cooks 4 Instit p. 1. 3. * See Here p. 28 29 31 41 43 177. My Plea for the Lords p. 23. to 30. 49 to 55. m 2â— H. 3. c. 9. An Exact Abridgment of the Records in the Tower 1. Table Law Old and Common Law n See Here p. 366. to 394. * Claus. 43 H. 3. 4. dorso * Horatius â— p. 200.
King being both Caput Principium finis Parliamenti as Modus tenendi Parliamentum Sir Edward Cooke and others resolve our Parliaments living and dying with our Kings and determining when summoned and sitting by the Kings decease since they can neither treat nor confer with him of any businesses concerning him or his Kingdome nor be his Parliament after his death as the Parliaments of 1. H. 4. rot Parl. n. 1. 2. 3. 1. H. 5. rot Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge the Parliament of 23. R. 2. dissolving by this resignation of the Crown and the Parliaments of 14 H. 4. and 24. Iacobi being dissolved by their respective deaths as their Judges and Parliaments resolved and the Parliament of 18. Caroli by the self same reason as I have elsewhere evidenced seeing hee could neither vobiscum cum caeteris Magnatibus Proceribius Regni nostri colloqaium habere Tractatum super diversis arduis negocâ—is Nos Regnum nostrum coâ—tingentibus nor the Commons do and assent hiis quae tunc ibidem per Nâ—s c. ordinari contigerit super negotiis antedictis as the Writs of Summons and Prorogation prescribe 8. That when ever there was a Custos Regni during the Kings absence in forraign parts or a Protector during his Minority the Writs of Summons and Prorogation issued alwaies in the Kings stile name and by his authority and direction and the Teste onely in the Custos or Protectors name with a per ipsum Regens per ipsum Regem Consilium or per ipsum Regem Custodem consilium subjoyned 9. That when our Kings could not be personally present at any Parliament by reason of their wars sickness extraordinary occasions absence in forraign Parts or minority they held them by a Custos Regni or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal to hold these Parliaments in his Name and Stead which were publickly read at the beginning of the Parliament and entred in the Parliaments Rolls for which I shall present you with these presidents onely omitting all others of this kind agreeing with them or varying little from them in form or substance The first is this Anno 13. E. 3. Rot. Parl. n. 4. Edwardâ—s Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus omnibus aliis ad instans Parliamentum nostrum apud Westm. summonitum conventuris salutâ—m Cum dilectus fidelis noster Edwardus Dux Cornubiae Comes Cestr. filius noster carissimus Custos Regni nostri propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse de circumspectionis industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis discretorum virorum Magistri Willielâ—i de le Zouche Decani Ecclesiae beati Petri Ebor Thesaurarii nostri Ricardi de Willoughby Iohannis de Stonore Iohannis Decani Sti. Pauli plenam fiduciam reportantes ipsos quatuor tres aut duos eorum ad inchoand continuandâ—m Parliamentum praedictum nostri dicti filii nostri nomine ad faciend ea quae Pro Nobis per praedictum filium nostrum facienda fuerint usque adventum filii nostri ibidem Deputamus Assignamus Et ideo vobis mandamus quod iisdem Archiepiscopo The saurario Rico. Iohi. Iohi. quatuor tribus duobus eorum intendentes sit is in praemissis in forma praedicta Teste Edwardo Ducâ— Cornub. Comite Cestr. filio nostro carissimo Custode Angliae apud Langle XIX die Ianuarii Anno Regni nostri tertio decimo The second is thus registred Annâ— 25. E. 3. Rot. Parl. n. 1. 2. Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris salutem Cum Nos ex certis caâ—sis sumus ad partes transmariâ—as profectâ—ri per quod ad primum diem dicti Parliâ—menti forte non poterimus interesse Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand Nomine nostro Parliamentum praedictam ad faciend ea quae pro Nobis per Nos faciâ—ndâ— fuerint usque adventum nostrum ibidem plenam tenore praesentiuâ—â— committimus potestatem Et ideo Vobis mandamus quod eidem filio nostro intendentes sitis in praemissis in forma praedicta In cujus rei testimonium has literas nostras fieri â—ecimus patentes Teste mâ—ipso apud Turrim London 20. die Januarii Anno Regni nostri Angliâ—â— 24. Regni vero nostri Franciae undecimo Per ipsum Regem The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue Enle 15a sâ—int Hilar c. que fuist le primer jour de ce present Parlement trâ—z nobles pâ—issent Sir Richard Prince de Gales Duc de Cornwelle Couâ—te de Cestr. auxint les Prelets Seigneurs Justices Comenes auters que fuerent venuz per Sommons de ce present Parlement sesemblerent en le palayes de Westm. en le Chambre de peinte illoeques en lour presence le dit Prince alos seent in my lieu de uly Cestassavâ—ir en la place du Roy mesâ—es nostre le dit Seigâ—ieur le Roy esteant meismes benemont venier en sa proper persone envoy ast en dit Parlement returnes ses Literes patents â—oâ—z son grant Seale enseales en la form que ensuant Edwardus Dei gratia c. Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus militibus omnibus aliis in instanti Parliamento conventuris salutem Cum ex certis cansu sumâ—s ad prâ—â—sâ—ns praepâ—diti ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterimâ—s interesse de circumspectionis industriae magnitudine carissimi filii nostri Ricardi Principis Wallia Duciâ— Cornubiae Comitis Cestr plenam fiduâ—iam reportantes eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand ad faciend 〈◊〉 quae pro Nobis per â—os ibidem faciend fuâ—runt plenâ—â—m tenorsâ— praesentium committimus poâ—estatâ—m Et ideo vobis mandamus quod eidem Principi intendentes fitis in praemissis in forma praedicta In cujus Rei c. Teste meipso apud Havering 26. die Jan. Anno Regni nostri Aâ—gliae 51. Franciae 38. The fourth is thus entred Rot. Parl. An. 1. H. 6. n. 1. Fait assavoir 〈◊〉 commâ—ncâ—ment del Parlement tenuz le Lundy prochein de â—aâ—t le feste de Seint Martyn I'aâ— del