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
d. 1. and all other summons else and not one Baron or Lord Armiger but he alone though unknighted Armiger being a petty inferior Title not suitable to his Lordship or Pâ—erage 26. That the Prince of Wales Dukes Earls and Marquesses are regularly stiled by their Christian names and Titles or Places of their Dignities and very rarely yet now and then by their Sirnames but the â—emporal Lords and Barons till the end of King Rich. the 2. his reign in the writs of summons directed to them are for the most part stiled by their Christian names and Surnames or by their Baronies supplying Surnamesâ— and sometimes both by their Surnames and Baronies That the Tiâ—le DOMINUS was not usually given to any of them except two before the reign of King Henry the 6. The first in my observation to whom this â—itle was given in any writ of summons was Iohn de Moubray who in Claus. 16 E. 3. par 2. d. 13. and so in other succeeding writs though not in all is stiled Iohn de Moubray DOMINUS Insulae de Axholm none else having this Title till afâ—er the reign of Rich. the 2. The next so stiled is in Claus. 11 H. 4. d. 32. where a writ issued Iohanni Talbot DOMINO de Furâ—vall which though omitted in some summons after is again used in the summons to him Cl. 4 H. 5. d. 16. and Cl. 8H 5. d. 2. Afteâ— which I finde none so stiled till Cl. 23 H. 6. d. 21. where Robert Hungerford Chivaler is stiled DOMINUS de Mollins as he is in Cl. 25 H. 6. d. 24. which gives the title of DOMINUS de Poynings to Hâ—nry Peircy In Cl. 27 H. 6. d. 24. this title DOMINUS is given to Hungerford Percy and 4 more in Cl. 28 H. 6. d. 26. it is added to 8. In Cl. 29 H. 6. d. 41. to 16. after which it grew more common to them and most others who were summoned as the ensuing Table will more particularly inform you But though the temporal Lords in the writs of summons issued to them were seldom stiled Lords or Barons before 23 H. 6. yet it is observable that when any of them are particularly mentioned in the Parliament Rolls Acts of Parliament Commissions or Patents they are usually stiled BARONS or LORDS as in the Proâ—â—gue of Magna Charta 9 H. 3. c. 2. 14. 37. Charta de Foresta c. 11. 20 H. 3. c. 9. 51 H. 3. 1. 10. Dictum de Kenelworth 51 H. 3. 3 E. 1. the Prologue and c. 23. 13 E. 1. c. 42. 18 E. 1. The Statute of Quo Warrauto 25 E. 1. c. 6. 34 E. 1. c. 5. The Prologues to the Sâ—atutes of E. 3. 14 E. 3. c. 5. and the Commission therupon Paâ— 18 E. 3. p. 2. m. 39. 36 E. 3. c. 6. 20 R. 2. c. 3. and other Acts. How fearfull Christians were to give this Tâ—tle of DOMINUS to the Greatest Emperors and how unwilling Augustus and the greatest Christian Emperors were to receive or make use of iâ— unless with the diminution of DOMNUS and DOMPNUS not Dominus you may read in Sir Henry Spelmans Glossary p. 225 226. it being a Title peculiar to God and Christ DEI NO MEN as Terâ—ulliâ—â—â—â—liles â—liles it whereas now it is usurped by and given to every upstart of the most ignoble extraction to bring Nobility it self and the House of Lords into contempt 27. That it is the inseparable incommunicable Prerogative and Supream Royal Jurisdiction of the Kings of England underivable to and inusurpable by any other person or persons by their special Patents Writs of Creation Charters and Solemn Invchiâ—ures to make and create Princes of Wales Dukes Earls Marquesses Vicounts Lords Barons and Peeres of the Râ—alm and to give them and their posterities a place seat voyce in the Parliament and Great Councils of England the Supreamest Judicature and highest Court of all others wherein they sit as Iudges and all others Iudges in the Courts of Westminster sit only as their Assistants not as Associates or their fellow Iudges This is evident not only by all writs of summons issued to the Lords but likewise by the express Resolution of all the Nobles and Parliaments of 50 E. 3. rot Parl. n. 41. 51 E. 3. rot Parl. n. 9. 36 E. 3. rot Parl. n. 94. 40 E. 3. rot Parl. n. 13. 9 R. 2. rot Parl. n. 14 15 16 17. 11 R. 2. rot Parl. n. 44. 13 R. 2. rot Parl. n. 21 22 23 20 R. 2. rot Par. n. 30 31 32. 21 R. 2. rot Parl. n. 33. 1 H. 4. rot Parl. n. 76 78 82. 9 H. 4. rot Parl. n. 25. 4 H. 5. rot Parl. n. 13. 3 H. 6. the case of Iohn Earl Marshal rot Parl. n. 11 12 13. 11 H. 6. rot Parl. n. 31. to 36. 33 H. 6. rot Parl. n. 42 43 50. 1 2 E. 4. rot Parl. n. 12 13 14. 14 E. 4. rot Parl. n. 24 25. 17 E. 4. rot Parl. n. 16. by all Patents presidents of creating any Princes Dukes Earls Marquesses Vicounts Lords Peers and Barons of Parliament collected by Mr. Iohn Selden in his Titles of Honor Book 2. Chap. 5 6 7. Mr. William Martyn Camâ—den Mills his Catalogue of Honor Bâ—ook his Catalogue of Nobility Augustine Vincent his Discovery of Errours therein Iames York his Union of Honour with others who have written of our English Peers Nobility and Sir Henry Spâ—lmas his Glossary Title Baro p. 81 82 83. Comes p. 177 178. Hence is it that King Henry the 1. King Iohn Henry the 3. and Edw. 1. in their Great Charters and other wriâ—ing usually stile them â—OMITES BARONES NOSTRI MEI Si quis BARONUM MEORUM vâ—l COMITVM or DE BARONIBUS MEIS or NOSTRIS and Glanvil l. 8. c. 11. l. 9. c. 1. Huntindon Historiarum l. 5. The Leiger Book of Ramsay sect 171. Pope Nâ—cholas in his Epistle to King Ed. the Confessor with our Lawbooks Historians usually stile them BARONES REGIS REGII BARONES VESTRI BARONES SVI speaking of the King Rex de IURE BARONIBUS SUIS And hence we read Ann. 3. H. 3. Fitzh Prescription 50. this Custem pleaded in Barr of a Nuper obiit Quod si aliquis BARO DOMINI REGIS tenens de Rege obâ—isset et non haberet haeredem nisi filias et primogenita filiae maritatae sunt in vitaâ— patris Dominus Reâ— daret postnatam filiam quae remaneret in haeredâ—tate Paâ—ris alicui Militum suorum cum tota haereditatâ— Patris sui de qua obiisset seseitus iâ— a quod aliae filiae nihil recâ—pâ—rent versus postnatam filiam in vâ—ta sua et omnes Reges habuerunt hanc dignitatem à Conquestu Yea this is such an incommunicable Prerogâ—â—ve incident to our Kings alone that neither the Emperour himself nor Pope could ever create an English Earl Baron or Lord of Parliament nor give him any precedency before other Lords in England of
Archbishoprick of York wherewith I shall close up this Section and my Observations on it Claus. 9 E. 2. m. 17. Rex venerabilâ— in Christo Patri W. eadem gratia Archiepiscopo Cantuar. c. salutem Pro firmo credimus et tenemus quod ad ea quae regni nostri salva ionem et â—opulâ— Nobis commissi tranquillitatem et quietem respiâ—iunt cum Dei adjutorio feliciter promovenda mauus velitis extendere liberalitâ—r adjuvantes Quidam itaque Praelati et alii de Clero Provinciae vestre convocaâ—i quos ad interessendum Parliamento nostro apud Lincoln fâ—â—imus summoneri ibidem ex parte nostra super Subsidio nobis pro guerra nostra Scotiae faâ—â—â—nda requisiti ad urgentem necessitatem in hac parte inevitabile periculum quod tam Ecclesiae Anglicanae quam Nobis et toti poputo nostro ex Scotorum inimicorum et rebellium nostrorum qui pluries Râ—gnum nostrum hostiliter sunt ingressi depraedationes inoâ—ndia homicidia at alla dampna quamplunima intulâ—runt perpetrando obstinat a malitia potâ—rit imminere nisi â—orum nequitiae citius et potenâ—â—cus cum Dei adjutorio resistatur suae considerationis intuitum dirigentes ad Subsidium Nobis ex causa praedictâ—s faciendum quatenus voâ—is absentibus cui subsuâ— â—t in quorundam aliorum tam Praelatorum quam Religiosorum et caeterorum de Clero dictae Provinciae absentia potuerunt unanimiter consenserunt Ita tamen quod tam ipsi quam alii de Clero vestrae Provinciae qui in dicto Parliamento praâ—entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo Subsidio Nobis ut praemittitur faciendo in loco debito convocentur Vestram igâ—â—ur Paternitatem reverendam de qua fiduciam gerimus plâ—niâ—rem requirimus et rogamus quatinus omnes Pralatos tam Religiosos quam alios caterosque de Clero Provinciae vestrae supradictae quod sint coram Vobis apud Londâ—n die Mâ—rcurii prox post Quindenam Pasch. prox futur ad ultimum ad tractand in vestra praesentia et una vobiscum consentiend super Subsidio memorato convocari faciatis 〈…〉 Subsidio nomine nostro audiendam it nobis post moduÌ„ reportandam Teste Rege apud Lincoln 17 die Febr. Eodem modo mandatum est Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante mutatis competenter mutandis excepto quod Clerum Eborae Provinciae venir◠〈◊〉 〈◊〉 ipso apud Eborum à diâ— Paschae in unâ—m mensem c. Teste ut supra What ever else concerns the Prelates Abbots Priors Convocation and Clâ—ry is reserved for its proper placâ— in subsequent Sections SECTION II. Of the several writs of Summons to Parliaments and Great Councils directed to the Temporal Lords as The King of Castel the Prince of Wales Dukes Marquesses Earls Viscounts Lords Barons and other Great men of the Lords House whereof there are several forms and varieties with Observations on them SOme pretended Antiquaries not well versed in our Records in their late printed Discourses of The Antiquity of the Parliaments of England p. 22. 24. 88. 89. meeting with a Transcript of ancient writs issued to Earls Barons and Great men holding lands of the King by Knight service to repair to him at a certain time and place cum equis et armis for his defence against Enemies or Rebels in times of warrs insurrection or danger have injudiciously conceived these writs to be Writs of Summons to Parliaments or confounded them promiscuously with them affirming That they find these writs recorded AMONG THE PARLIAMENT ROLLS of 14. or 15. E. 3. and therefore thought good to remember them When as there are â—o such writs extant in any Parliament Rolls in the Tower nor any Writs of Summons to Parliaments or Great Councils entred in our Parliament Rolls as they ignorantly publish but only in the Dorse of the Clause Rolls quite different and distinct from the Rolls of our Parliaments as the meanest Novice in Records can ascertain them Upon the like mistake some have conceited these ensuing writs of Claus. 45 47 H. 3. to be writs of Summons to Parliaments and Great Councils when as the writs themselves declare the contrary that they were only Summons to assist the King against Enemies and Rebells with horses and arms and all their power not to counsel advise or grant any aydes of money to him in Parliament Rex Willielmo de Bello Campo de Aumel salutem Mandamus Vobis in fide et homagio quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis ad Nos sitis London in craftino Apostolorum Simonis et Iudae absque dilatione ulteriori CUM EQUIS ET ARMIS ET CUM POSSE VESTRO tam de servitio vestro Nobis dâ—bito quam de subventione amicorum vestrorum pro quibusdam urgentibus â—â—egotiis personam nostram specialiter et Statum Coronae nostrae tangentibus Et hoc sicut de vestra fidâ—litate et dilectione confidentiam gerimus specialeâ—â—ullatenus omittatis Quia SUBVENTIONEM quâ—m Nobis et Coronae nostrae praeter servicium Nobis debitum ad praesens feceritis in consequentiam trahi nolumus nec vobis per hoc ullo tempore derogari Taliter vos habeatis in hac parte quod dicto die absque defalta ad Nos sitis ita quod vobis exinde in perpetuo teneamus ad grates Teste Rege apud Turrim London 18 die Octobris Eodem modo mandatum est Phil Basset and 107. Barons and great men holding by knights service there registred by name After which this writ ensues in the same Dorse Rex Abbati de Burgo Sancti Petri salutem Mandamus vobis in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis mittaris Nobis Servitium vestrum quod Nobis debetis ita quod sitis ad Nos in crastino Sancti Martini absque defalto pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus Et hoc sub debito fidelitatis qua Nobis â—enemini nullatenus omittatis Teste ut supra Eodem modo mandatum est to 36 Abbots more whose names are there listed in the Roll Then follows this entry Isti subscripti vocati sunt ad crastinum Apostolorum Simonis Iudae CUM EQUIS ET ARMIS Thomas de Chauro with 16. more there named after him Mandatnm est Vicecomiti Essex quod summoneri faciat omnes illos de Honoribus de Redleg et Castro Baynard et de Hundredo de Rochford quod veniant ad Regem ad â—undem diem cum servicio suo Regi debito The like writs issued to divers others in this and other Membranaâ—s of this Roll of 45 H. 3. to ayde the King against the Barons then in rebellion against him and reduce them to their obedience as is evident by this writ
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
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
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 England most
17. E. 1. made and agreed on at Nottingham By the assent of our Counsell there being By the Preface to Articuli Cleri 9. E. 2. In our Parliament holden at Lincolnâ— the 9th of our reigne We caused the Articles underwritten with certain Answers made to some of them to be rehearsed before Our Counsell and made certain Answers to be corrected and to the residue of the Articles underwritten answers were made By us and our Counsell of which Articles and Answers the tenours here ensue By the Statute of Gavelet An. 10. E. 2. It is provided by our Lord the King and His Iustices c. By the Statute De Terris Templariorum 17. E. 2. It was moved in Parliament in the presence of the Prelates Barons Nobles and Great men of the Realm and others there present Whether the Order of the Templers being dissolved the King and other Lords of the fees might retain them by the Law of the Realme and with safe conscience Whereupon the Greater part of the Kings Counsell as well the Iustices as other Lay-Persons being assembled together the said Iustices affirmed precisely That our Lord the King and other Lords of the fees aforesaid might well and lawfully by the lawes of the Realme retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But upon other grounds of Conscience they setled them on the Hospitall of S. Iohns of Ierusalem by this Statute 1. E. 3. c. 3. But it is not the mind of the King nor of His COUNSELL that they who have sold ther Lands c. should have any benefit of this Statute The Prologue of the printed Statute of 1. E. 3. Parl 2. At the request of the Commonally by their Petition made before the King and HIS CONSELL in Parliament by assent of the Prelates Earles and Barons c. 9. E. 3. c. 1. Our Sovereign Lord the King desiring the profit of his people by the assent of his Prelates Earles Barons and other Nobles of his Realm summoned at his present Parliament and By the aâ—vice of his Counsell being there c. hath ordained and established the Statâ—â—te of Money 9. E. 3. c. 7. When and where it shall please us and OVR COVNSELL to make Exchanges 11. E. 3. c. 1. Till by the King and his COVNSELL iâ— he otherwise provided 14. E. 3. c. 5. The Chancellor Treasurer the Justices of the one Bench and of the other and other OF THE KINGS COUNSELL 14. E 3. Stat. 3. Of the Clergy Prologue Wherefore Wee their petition seen and regarded and there upon deliberation with the Peers of the Realme and other of OVR COVNSELL and of the Realm c. have granted c. And ch 5. Our Chancellour and Treasurer taking to them other of our Counsell c. 20. E. 3. Prologue By the assent of the Great men and other wise men of Our Counsell We have ordained these things following And c. 5. We have ordained to come before us at a certain day or before them whom we shall depute of Our Counsell 23. E. 3. c. 8. should be converted to a publick and common profit by advise of His Counsell And alwayes it is the intent of the King and of His Counsell that according to the first Ordinance it should be lawfull and shall be lawfull for every man c. 25. E. 3. of Labourers Prologue It was ordained by our Sovereign Lord the King and by assent of the Prelates Earles Barons and other of His Counsell 25 E. 2. Stat. 2. Of those born beyond the Seas Our Sovereign Lord the King willing that all doubts and ambiguities should be put away and the Law in this case declared and put in a certainty hath charged the said Prelates Earles Barons and other wise men of his Counsell assembled in this Parliament to deliberate upon this point which of one assent have said That the Law of the Crown of England is and alwayes hath been such c. 25. E. 3. Parl. 5. c 2. of Treasons And if percase any men of this Realme endeavour covertly or secretly against any other to slea him or to rob him or take him or retein till he hath made fine or ransome or to have his deliverance it is not the mind of the King Nor His Counsell that in such cases it shall be judged Treason but shall be judged Felony or Trespasse according to the Laws of the Land of old time used and according as the case requireth And chap. 4. It is accorded assented and stablished that from henceforth none shall be taken by petition or suggestion made to our Sovereign Lord the King or to his Counsell unlesse it be by Inditement or presentment of his good and lawfull neighbours 25. E. 3. Parl. 6. Statute of Provisors Whereas in the Parliament of Edward King of England Grandfather of the King that now is the 25. of his reigne holden at Carlile the Petition heard put before the said Grandfather and HIS COUNSELL by the Commonalty of his Realm c. 27. E. 3. c. 1. Provisors shall have day containing the space of two moneths by warning to be made to them c. to be before the King and HIS COUNSELL or in his Chancery or before the Kings Justices in his places of the one Bench or the other or before other the Kings Justices which shall be deputed to the same to answer in their proper persons to the King of the contempt done in this behalf ch 2. It is assented by the King and all his Counsell 27. E. 3. of the Staple ch 21. That the same Mayor and Constables do not ordain any thing contrary to these Ordinances nor make interpretation nor exceptions to them otherwise then the words purport but if there be any thing that is doubtfull it shall be shewed unto Our Counsell and there declared by good advise ch 23. And in case that debates arise betwixt them upon the discussing of any plea or quarrell the tâ—nour of the said Plea or quarrell shall be sent before the Chancellor and other of Our Counsell to be by them determined without delay ch 25. And now late it is done Us and our Counsell to understand by the complaint of the said Merchants ch 28. And in case any thing be to be amended added changed or withdrawn of any of the said points in time to come by a true cause we will that the same be done by deliberation and advice of the Great men and Other of our Counsell in Parliament 31. E. 3. Stat. 2. c. 3. It is accorded by our Sovereign Lord the King the Great men and all the Commons in this present Parliament that the Chancellor and Treasurer taking unto them the JUSTICES and OTHER THE KINGS COUNSEL such as to them shall seem meet shall have power to ordain remedy of the buying and selling of Stockfish of St. Botulfs and Salmon of Barwick and of Wines and Fish of Bristow and elsewhere and that the Ordinances by
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
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
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
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
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
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