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
Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
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
praeter Regni consuetudinem ab Anselmo factiâ—atum indignè ferentes asserebant sese nunquam tam iniquo Papae decreto assensos vel assensuros et potius tam Anselmum regno exterminaturos et ab Ecclesia Romana penitus discesâ—uros quam hanc Papae sententiam A IURE REGIO REGNIQUE CONSUETUDINE PRORSUS ALIENAM ratam haberent After many publike meetings and debates between the King Prelates Nobles and Anselm about this business it was agreed that Anselm and William Werelast the Kings Ambassadour should goe to Rome to Pope Paschal the 2. and debate this business before him where the said William appearing and vehemently urging before the Pope in the Kings behalf Dedecus ei et videri et esse si Antecessorum suorum jura perderet quos ipse et animi magniâ—udine et opum affluentia longe praerivit c. Adding in the close Quod Dominus meus nec pro amissione Regni patietur sibi Ecclesiarum investituras auferri To which the insolent Pope presently replied with a stern countenance Nec ego pro capitis sui redemptione eum investituras permittam impune habere Whereupon they decreed the cause for Anselm against the King and in a Synod at Lateran ratified the former Decree of Pope Urban in the Council at Rome which this Pope by his consolatory Epistle to Anselm informed him of incouraging him openly and boldly to appear and speak in this cause for the Churches divine Liberty Anselm hereupon wrote thus to King Henry inviting him to return into England and to doe him that service as his predecessors had done to his Ancestors Ut autem sim vobiscum ita ut Antecessor meus erat cum patre vestro facere non possum quia NEC VOBIS HOMAGIVMFACERE nec accipientibus de manu vestra Investituras Ecclesiarum propter praedictam Papae Prohibitionem me audiente factam audeo communicare But though Ludovicus Crassus K. of France was so pusillanimous as by his Charter dated An. 1137. to exempt his Archbishops Bishops and Clergy from doing any Homage or Fealty to him for their temporalties before or after their Consecrations granting them Quod canonicam omnino gauderent libertatem ABSQVE HOMAGII IURAMENTI seu fidei primum datae obligatione Yet K. Hen. the first though he were contented at last to part with his investitures to Bishopricks and Abbies yet he would upon no terms exempt any Bishops or Abbots from the homage due unto him for their temporalties after their elections and before their Consecrations not from the Oath of Fealty they alwayes doing homage to him and his Successors at least wise before their consecrations though seldom after them and that in the self-same form as Laymen did without omitting this Clause I become your man as appears by Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Britton ch 66 of Homages and 17 E. 2. Of the manner of doing Homage and Fealty prescribing only one and the self-same form of homage as well to the Clergy as Laity as well as the same Oath of Fealty which they equally performed though Littleton and he alone makes a difference between their forms of Homage Hence in the Parliament at Salisbury Anno Dom. 1116. Comites Barones CUM CLERO TOTIUS REGNI in praesentia Regis Henrici 1. sibi et Willielmo filio suo HOMAGIUM FECERUNT FIDELITATEM IURAVERUNT as the Chronicle of Bromton and other of our Historians record I shall illustrate this discourse touching Homage and Fealty with these memorable clauses in the Charter of King Stephen touching the agreement made between him and Henry Duke of Normandy c. in a Parliamentary Assembly of the Bishops and others of the Realm at Wallingford Anno Gratiae 1153. wherein King Stephen declaring him the right hereditary heir to the Crown of England after his death and he reciprocally agreeing that Stephen should enjoy the Crown and Kingdom quietly without interruption by him during his life thereupon Dux propter hunc honorem et donationem et confirmationem sibâ— Ã me factam HOMAGIUM michi et Sacramento securitatem fecit scilicet quod fidelis michi erit et vitam et honorem meum pro suo posâ—e custodier per conventiones inter Nos praelocutas Ego etiam secuâ—itatem Sacramento Duci feci quod vitam et honorem ei pro posse meo custodiam et sicut fiâ—ium haeredem meum in omnibus in quibus potero eum manuâ—enebo et custodiam contra omnes quos poâ—ero Willielms autem filius meus HOMAGIUM et securitatem Duci fecit c. Comites Barones Ducis qui homines mei nunquam fuerunt pro honore quem Domino suo fâ—ci Homagium et Sacramentum michi fecerunt salvis conventionibus inter me et Ducem factis Coeteri vero qui ante Homagium michi fecerant fideliâ—atem michi fecerunt sicut Domino Et si Dux à praemissis receâ—erit omnino a servicio ipsius cessarent quousque errara corrigeret c. Comites etiam et Barones mei LIGIUM HOMAGIUM DUCI FECERUNT salva mea fidelitate quamdiu vixero et regnum tenuero Simili lege quod si â—go à praedictis recederem omnino à servicio meo cestarent quousque errata corrigerem Cives etiam Civiâ—atum et homines Castrorum quae in Dominio meo habeo ex praecepto meo homagium et securitatem Duci fecerunt salva fidelitate mea quamdiu vixero et regnum tenuero Archiepiscopi Episcopi atque Abbates de regno Angliae ex praecepto meo FIDELITATEM SACRAMENTO DUCI FECERUNT Illi quoque qui in regno Angliae Episcopi deinceps fiâ—nt vel Abbates IDEM FACIENT In the Recognition of the antient Customs of the Realm of England used in the reign of King Henry the 1. and his Ancestors quae observari debebant in regno ab omnibus teneri drawen up and agreed upon Febr. 8. Anno Dom. 1164. in the famous Parliamentary Council of Clarindon in the presence of the King and of all the Archbishops Bishops Abbots Priors Earls Barons and Great men of the Realm who all juraverunt firmiter in verbo veritatis promiserunt viva voce tenendas et observandas Domino Regi et HAEREDIBUS SVIS bona fide et absque malo ingenio in perpetuum I finde these Articles pertinent to my purpose Archiepiscopi Episcopi et universae personae regni qui de Rege tenent in capite habeant possessiones suas de Rege sicut Baroniam et inde respondeant Justiciariis et Ministris Regiis et fequentur et faciant OMNES CONSUETUDINES REGIAS et sicut caeteri Barones debent interesse judiciis Curiae regis cum Baronibus quousque pervenitur ad diminutionem membrorum vel ad mortem Cum vacaverit Archieplscopatus Episcopatus vel Abbatia vel Prioratus in dominio Regiâ— esse debet in manu ipsius
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
et inde percipiet omnes reditus et exitus sicut Dominicos reditus suos Et cum ventum fuerit ad consulendum Ecclesiam debet Dominus Rex mandare poâ—iores personas Ecclesiae et in Capella ipsius Regis debet fieri electio assensu ipsius Regis et Concilio personarum regni quas ad haec faciendum advocaverit et IBIDEM FACIET ELECTUS HOMAGIVM FIDELITATEM REGI SICVT LIGIO DO MINO SVO de vita sua et de membris et de honore terreno salvo ordine suo priusquam consecretur Indeed Angelus de Clavasio in his Summa Angelica Tit. Homagium and other Canonists hold it to be Symonie and unlawfull prore ' spirituali puia Beneficio Ecclesiastico HOMAGIUM EXIGERE But our Lawes resolve it an antient Legal duty and Service Of which see more in Spelmanni Glossarium Tit. Fidelitas Homagium in William Somners Glossarium Tit. Homagium and in Bracton Britton and Fleta 4. That this clause in the writs to the Temporal Lords in fide homagio implies they were all or most Barons by tenure And whereas Sir Ed. Cook and Sir Henry Spelman assert That of antient time the temporal Lords were commanded by the Kings writ thus to appear In fide et homagio quibus Nobis tenemini and in the reign of Edward 3. in fide et ligeantia and sometimes in fide et homagio but at this day constantly in fide et ligeantia because at this day there are no feudal Baronies in respect whereof Homage is to be done which in 21 E. 3. was the true cause of this alteration If this observation of theirs That in fide et homagio feodales propriè respiciat Barones denoting only such Barons who were Barons by tenure or Barony for which they did their Homage and swore Fealty and Allegiance to the King then this is a most convincing argument that all the Lords and Barons summoned before 11 E. 3. were Barons only by tenure not by writ alone because they were all regularly summoned to appear in fide et homagio not in fide et ligeantia 2ly It is a clear mistake that this alteration of homagio into ligeantia was made in 21 E 3. for it was not till 25 E. 3. pars 1. dors 5. in fide et homagio being used both in the writs of 21 22 23 24 E. 3. 3ly The reason of this alteration could not be this they rendâ—r because all or most of the Lords and Barons then summoned did not hold of the King by Barony but were Barons only by writ not tenure First because all the writs to the Prince of Wales â—and Earls then summoned who held of the King by Homage and Barony issued in this form in fide et ligeantia to them as well as to the inferiour Lords and Barons 2ly Because the self-same Prince Earls Lords summoned in this form in 25 E. 3. in the very next years of 26 E. 3. d. 14. and 27 E. 3. d. 12. were twice summoned again iâ— fide homagio et ligeantia quibus Nobis tenemini and 28 E. 3. d. 26. in fide et homagio after in 29 E. 3. d. 8. 7. 31 E. 3. d. 21. 1. they are summoned in fide et ligeantia but yet in 32 E. 3. d. 14. 36 E. 3. d. 16. 37 E. 3. d. 22. 38 E. 3. d. 3. 39 E. 3. d. 2. 42 E. 3. d. 22. 43 E. 3. d. 24. 46 E. 3. d. 9. all the writs to the Prince Earls Lords and Barons run again in fide et homagio only and some between and after them in fide et ligeantia only though issued to the self-same persons or their heirs Therefore ligeantia in these and subsequent writs is put only as a Synonima signifying only Homagium as the coupling them together in two writs in fide homagio et ligeantia and the placing of Homagio thus interchangeably for ligeantia and ligeancia for homagio evidence beyond contradiction The rather because there is the highest promise and bond of Allegiance expressed in the very words and form of homage done to the King as the words I become your man from this day forwards of life and member and of earthly worship and unto you shall be true and faithfull and bear you faith and this clause saving the faith that I owe unto our Soveraign Lord the King when done to a common person import and Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Sir Edward Cook in his 1 Institutes on Littletons Chapter of Homage Sir Hen. Spelman and Somner in their Glossaries Tit. Homagium Fidelitas at large demonstrate Therefore homage may be properly stiled ligeantia and be put in lien of homagio as doubtless it is in all those writs that use it 3ly I find sundry Homages for Dutchies Earldoms and Baronies done to our Kings by the Duke of Aquitain the Dâ—ke of Hereford Henry Percy the Duke of Norfolk and other Peers who were then and afterwards summoned in fide et ligeantia not homagio and I doubt Sir Edward Cooke and those of his opinion can hardly name any Dukes Earls Vicounts Lords or Barons summoned to Parliament under Henry the 3. R. 2. H. 4 5 9. or E. 4. who was not a Lord by Tenure or Barony as well as by Patent or a special writ of creation the very names of their Baronies as Sir Edward Cooke and Mr. Selden inform us being usually expressed in all later writs of Summonâ— Therefore this their conjecture of altering the writs from homagio to ligeantia because they held not by homage must needs be erronious and groundless in my judgemenâ— and the assertions of such who hold that the Kings bare general writs of summons issued to those who held not by Barony did create them and their issues Barons if they sate in Parliament without any special creation by some Clauses in the writs or by Paâ—ent grounded on this mistake must vanish into smoke else that Clause of creation in the writ to Sir Henry Bromfleet Cl. 27 H. 6. d. 24. would have been both superfluous and ridiculous 5ly That this clause in fide et homagio or in fide ligeantia quibus Nobis tenemini is sometimes omitted out of the writs of Summons to the Prince of Wales and other times inserted into them 6ly That the Prince of Wales in the writs of Summons and adjournment is sometimes stiled Princeps Walliae only sometimes Princeps Aquitaniae et Walliae other times Princeps Walliae Dux Cornubiae et Comes Câ—striae when all these titles were conferred on him by the King 7ly That in the writs issued to Dukes Earls and Temporal Lords of the Kings Progeny royal bloud and alliance they are usually stiled Carissimo filio nostro Fratri Regis Fratri nostro Avunculo Regis Avunculo nostro Nepoti nostro Consanguineo nostro c. and the other Earls and Temporal Lords