the Clause Rolls now and then without any to the Temporal Lords or Barons registred together with them So there are some writs of Summons to and prorogations of Parliaments issâ—ed to Temporal Lords in some Rolls without any to Archbishops Bishops Abbots Priors or Ecclesiastical Lords entred with them though no doubt they had the like writs of Summons and Prorogations although not registred as the bodies of the writs do manifest 21. That the writs issued to the Archbishops Bishops Abbots Priors and Clergy run usually in this form Vobis mandamus quod in fide et dilectione quibus nobis tenemini c. not in fide et homagio But the writs to the Earls Barons and Temporal Lords though they sometimes retain the self same words in fide et diloctione yet for the most part they run thus quod in fide homagio or ligeantia quibus nobis tâ—nâ—mini c. or in homagio â—idâ— et dilectione or in homagâ—o et ligeâ—ntia homagio or ligeantia being put in the place of dilectionâ— or added to fide et dilectione quibus nobis tenemini 22. That the writs to the Archbishops Bishops Abbots and Priors for the most part observe this stile Vobiscum ac cum caeteris Praelatis Magnatibus et Proceribus c. in all clauses of the writ The writs to the Earls Temporal Lords Vobiscum ac cum Praelatis et caeteris Magnatibus et Proceribus or caeteris Magnatibus or Proceribus only caeâ—eris being evâ—r placed before Praelatis in the writs to the Bishops Abbots but after Praelatis and before Magnatibus or Procâ—ribus in all writs to the Temâ—oral Lords because of different Orders the Prelates noâ— being Magnates or Procâ—râ—s by birth or in their own right but only the Temporal Lords and they being not Praelati or Ecclâ—sâ—astical Peers by order or function but only the Bishops Abbots Priors and other Ecclesiastical Barons 23. That the number of Archbishops Bishops Abbots Priors and Ecclesiastical persons summoned by writs to our Parliaments was for the most part equall to and many times farr exceeding the number of the Temporal Lords Barons as you may easily discern by computing and comparing their numbers in this with those of the Temporal Lord in the ensuing Section In the Parliamvnt of 49 H. 3. the number of the Prelates Abbots and Spiritual persons summoned by writ was 120. the number of Temporal Lords but 23. Anno 23 E. 1. d. 9. the number of the Spiritual Lords summoned was 77 of the Temporal Lords but 63. And dors 3 4. the Spiritual Lords summoned to another Parliament that year amounts to 90. the Temporal Lords only to 50. In 24 E. 1. d. 7. the Spiritual Lords summoned were in all 91. the Temporal but 43. yet in other Parliaments the Temporal Lords exceeded the Spiritual as in 27 E. 1. d. 18. the Spiritual Lords were 58. the Temporal 90. but in the next Parliament 28 E. 1. m. 3. the Spiritual Lords summoned were 102. the Temporal only 89. Their differences in number in other Parliaments I shall for brevity sake omit only in most summons under King H. 4 5 6. during these Kings absence and wars in France when most of the Earls and Temporal Lords were in actual service in the wars the Spiritual Lords were neer double to the Temporal 24. That the first writ wherein I finde any mention of and provision for the Defence of the Church of England is in 6 E. 2. here p. 20. the next is in 11 E. 3. p. 39 40. 12 E. 3. p. 42. 14 E. 3. p. 46. After which in the writs of 18 E. 3. p. 50. 31 E 3. p. 60 61 62. 46 E. 3. p. 67. 49 E. 3. p. 69. 1 R. 2. p. 69 70 72. and in most succeding them Defensionem Ecclesiae Anglicanae Salvationem et defensionem Ecclesiae Sanctae Et â—oc sicut salvationem et defensionem Ecclesiae Sanctae diligitis were usually inserted into the writs of Summons as well to Parliaments as Convocations and in writs to the Temporal Lords and Sherifs as they were in writs to the Clergy it being one principal end of summoning Parliaments and Convocations 25. That sometimes the Archbishops Bishops Abbots Priors were authorized by the writs themselves to make Proctors or Proxies to supply their places other times prohibited to make any Proctors or Proxies at all but peremptorily injoyned to appear in person without any excuse or Proctor to supply their absence But the Deans Chapters Archdeacons Priors and Clergy of every Diocess by a special clause of Praemunientes c. in the writs to the Archbishops and Bishops and by second writs to the Archbishops were summoned the Deans Priâ—rs and Archdeacons by themselves their Chapters by one and the Clergy of each Diocess Quod per duos Procuratores idonâ—os pâ—enam et sufficienteÌ„ potestateÌ„ ab ipsis Capitulis et Clero habentes dictis die et loco intersint ad facâ—end consentiend hiis quae tunâ— ibidem de Com Consilio regni nostri divina faventâ— clementia coâ—tigâ—rit ordinari Amongst others the Bishop of Bath and Wells was particularly injoyned Praemunientes Priorem et Capitulum Bathon et Decanum et Capitulum Wellen Ecclesiarum suarum c. quod idem Prior et Dâ—canus in propriis personis suis dicta Capitula per unum Procuratorem idoneum c. una nobiscum inter sint ad c. Hereupon the Prior of Bath when sick appeared not in person but by a Proctor and the Chapter of Bath by one or more Prâ—ctors specially chosen and authorized by their Letters of Procuration under their Seals Which Letters of Procuration I find entred in the antient Parchment Leiger Book of the Priory of Bath in sundry forms in the reign of King Edward the 1. which I shall here insert for their rarity and because they will inform us what â—ull and sufficient power other Priors Deanes Chapters and the Clergy of each Diocess as also the Spiriâ—â—al Lords when absent and authorized to make Proxies gave to their Procurators and in what forms other Letters of Procuration were made in former times of which I find only one printed in Mr. Selden The first of these Procurations runs in this manner being directed to the King himself Serenissimo Domino suo Domino Edwardo Dei gratia illustri Regi Angliae Domino Hiberniae et Duci Aquitanâ—ae sui devoti Thomas Prior et Capiâ— Bathoniensis Ecclesiae salutem et debitam cum orationibus assiduis reverentiam et fidelitatem Ad tractandum ordinandum et faciendum una Vobiscum et caererâ—s Praelatis et Proceribus et aliis Regni incolis in praesenti Convocatione Generali apâ—d Westm. die Dominica proxima post festum S. Martini pro diversis Regni negotiis convenientibus dilectum in Christo Conâ—ratrem et Conprofessum nostrum Fraâ—rem W. de Hamptâ—n â—ostrum facimus ordinamus et constituimuâ— PROCURATOREM per praesentes
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
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
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
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 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 of the Earls and Temporal Lords attending
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
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
Norwich Waltero de Thorp Gilberto de Middleton T. ut supra to come to the King apud Dover another day 33 It is most apparent by these respective Clauses twice recited in all antient and modern writs of summons to the Spiritual Temporal Lords 4 or 5 times in the writs of Prorogation Resummons to them hereafter cited Section 7. Vobiscum cum caeteris Praelatis or cum Praelatis et caeteris Magnatibus et Proceribus dicti regni habere volumus or proponimus Colloquium Tractatum Vobis mandamus c. quod personaliter ad dictos diem locum intersitis Nobiscum et cum caeteris Praelatis Magnatibus et Proceribus dicti regni super dictis negotiis tractaturi vestrumque Consilium impensuri which make not the least mention of their sitting treating or consulting with the Knights Citizens Burgesses or Commons of the Realm or of theirs with the Lords And by the like Clauses in the writs of Summons to the Kings Counsil and in the writs issued to Sheriffs for electing Knights Citizens and Burgesses The first part whereof recites Quia nos de avisamento et assensu Consilii nostrâ— c. quoddam Parliamentum nostrum apud W. c. tâ—neri ordinavimus et ibidem cum Praelatis Magnatibus Proceribus dicti regni nostri ColloquiuÌ„â—abere et Tractatuâ— without mentioning any Conference or Treaty at all of the Commons jointly with the Prelats Lords Great men in the Parliament who by the writ are to be elected reâ—urned summoned impowred only Ad faciendum et consentiendum hiis quae tunc ibidem de Communi Consilio regni nostri or Praelatorum Magnatum Procerum dicti regni nostri divina favente Clementia contigerit ordinari That the Lords and Commons nevâ—r sate and consulted together as one intire House in the Parliaments of England since their first Summons to our Parliaments but that theâ— alwaies sate and consulted asunder one from the other Therfore Sir Edw. Cook his over-confident Assertion without any real ground of Authority or reason in his 4. Institutes p. 4. Certain it is that at the first both Houses â—ate together as it appeareth by Modus tenendi Parliamentum which directly avers the contrary Sect. 15 16 17 27. and by 5 E. 3. n. 3. other places of the same Roll and in 6 E. 3. in divers places it appeareth that the Lords and Commons sate together when as both those Parliament Rolls and others unâ—er Ed. 3. expresly evidence the contrary as I have elsewhere fully evidenced must be exploded as Apochryphal and enumerated amongst his other mistakes 34 That the Temporal Lords could not impose any Tax Aid or Subsidy upon the Archbishops Bishops Abbots Priors and Spiritual Lords or Clergy without or against their particular grants or assents in Convocation no more than the Spiritual Lords and Clergy could impose any Aids or Taxes upon the Temporal Lords and Commons as I have formerly evidenced p. 113. to 120. 148 149 153 154 155. For further evidence whereof I shall hereunto subjoyn this ensuing memorable writ casuallâ— omitted out of the first Section pag. 31. where it should have been placed Clauâ— 4 â—d 3. m. 3. dorso Rex venerabili in Christo Paâ—ri S. eadem gratia Archiepiscopo Cantuar. totius Angliae Primati salutem A vestra memoria non excidit ut speramus qualiter nuper apud Elâ—ham in praesentia vestra et aliorum Praelatorum et Procerum de regno nostro quos tunc ibidem pro magnis et arduis nego â—iis nostris fecimus congregari exposita â—uerunt inter alia negotia contingentia Nos et Regem Franciae et post diligentem tractatum inde habitum tam vobis quam ipsis videbatur quod pro pace habenda cum ipso Rege esset omnibus modis et viis quibus poâ—sumus exhaeredâ—tionis periculo obviare insistend Et si forâ—an ideÌ„ Rex vias Pacis rationabiles recusarâ—t et ad exhaeredationem nostram quoad Ducatum praedictum et alias terras quas habemus subDominio suo niâ—eretur quod ad defensionem nostram contra ipsuÌ„ cuÌ„ Dei adjutorio vires nostras opponere deberemuâ— Eâ— ad hoc tam vos quam câ—â—â—eri Praelaâ—i 〈◊〉 Magnates tunc ibidem existen praebuistis consilium â—et promisistis opem et auxilium opponere oportunium Et suâ—er hoc concordatum existiâ— quod Parâ—iamentum nostrum apud Wynton ad diem Dominicam prox ante festum Sancti Gregorâ—i Papae prox prae eriâ—um summoneri fâ—cerimus Verum quia in eodem Pâ—rliamento expositis negotiis supradictis habitaque deliberaâ—ione super modo et forma defensionis contra potentiam ipsius Regis si forsan dictas terras nostras invadere voluerit apponendo petitoque sigillatim a qâ—â—liber Praelâ—to et Magnate CUIVSMODI SUBSIDIUM NOBIS IN EODEM EVENâ—U FACERE VOLEBAT ac Comitibus et BARONIBUS voluntatem in ea parte Nobis benevole exponenâ—ibus dicti Praelati responderuâ—â— quod propâ—er absentiam vestram eorum responsum tunc facere nequiverunt sed IN CONVOCATIONE ea de causa facienda taliter facere volebant quod inde contentari deberemus Nos igitur ad pericula et dampna quae non solum nobis sed etiam vobis et toto regno nostro evenire poterunt si praefatus Rex Nobis guerram movere voluerit ut est dictum nisi de bona et forti resistenâ—ia providaâ—uâ— â—â—bitae considerationis inâ—uitum diâ—igentes attendenâ—es quoque quod ad hoc non solum ex Ligeantiae debiâ—o sed etiam pro tantis et tam ineâ—â—imabi ibus evitandis periculis Vos et caeteri Praelati â—atuâ—qâ—e Clerus regni nostri manus apponere tenemini adjuâ—rices Vobis mandamus rogantes quaâ—inus ad diem Lunae prox post sestum Sanctorum Tiburtâ—â— Valeriani prox futur convenire fac omnes Praelatos tam Religiosos quam alios totumquâ— Câ—erum vestrum Cantuar. Provinciae coram Vobis eisque dicta negotia et peâ—icula imminentia seriosius exponere studeatis Inducentes eos modis et viis quibus expedire videâ—iâ—is quod tantae necessitatis articulo TALE NOBIS SUBSIDIVM FACIANT pro tantis periculis evitandis quod per vestrum et ipsorum subventionem jura et honorem nostri et totius regni nostri conservare ipsosque et totum populum nostrum ab hostium incâ—rsibus â—ueri et protegere valeamus domino nobis assistente Mittemus autem ad vos ad â—iem et locum praedictos quosdam de fidelibus nostris ad praemi sa prosequenda â—ieri curanda prout eis tunc ex parte nostra injungetur Teste Rege apud Winton 18 die Marcii Anno Regni nostri quarto 35. That the Lords in Pâ—rliament were the usual Iudges not only in all Crâ—minal and Civil Causes and writs of Error but likewise in all cases of Precedency and Controversies concâ—rning Peers and Peerage as
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.
fatetur et cognoscaâ— Et idem Archiepiscopus in fide c. fatetur et dicit quod in veniendo de Curia Romana apud Paris bene audivit intellexit per praedictum Iudeum quod praedicta pecunia ei debebatur et quod idem Iudeus eum rogavit ut ei pro Deo esset in auxilium ad praedictam pecuniam suam â—ecuperandam Et postea ut praedictum est in visitatione sua ad domum praedictam hoc idem invenit per confessionem praedictorum Prioris et Conventus et eis dixit quod â—ic facerent quod animas suas salvarent Et quia idem Archiepiscopus bene cognoscit quod POST EXILIUM DICTI JUDAEâ— ALIORUM JUDAEORUM DE REGNO ISTO à praedicto Iudeo intellexit quod pecunia praedicta â—ibi in regno isto debebatur et POST EORUM EXILIUM omnia quae sua fuerunt et in regno isto remanserunt tam debita quam alia bona quaecunque ipsi Domino Regi remanserunt et Catalla sua fuerunt et super hoc incontinenti POST EORUM EXILIUM solempnis Proclamatio siebat per totum regnum et quod omnes qui debita aliqua alicui Iudeo debebant aut de eorum debiâ—is t is bonis catallis aliquid sciebant Domino Regi aut alicui de Consilio suo scire facerent de qua quidem Proclamatione nullus dedicere potest quin scivit aâ—â— scivisse debuit Et idem Archiepiscopus de debito praedicto scivit prout fatetur tam per Iudeum quam per Priorem Conventum nec de hoc Domino Regi aut alieui de suìs constare fecit Immo debitum illud concelando et à Domino Rege alienando contra fidem qua Regi teneâ—ur injunxit praefato Priori et Conventui quod animas suus-salvarent quod tantum valuit quantum si dixisset quod Iudeo satisfacerent concordatum est quod praedictus Archiepiscopus remaneat in misericordia Domini Regis pro concelamento transgressione praedicto c. et idem Dominus Rex sibi ipsi reservat Tax ationem illius misericordiae From these 2. Records I shall observe That the General Banishment of the Iewes out of England and the escheat and forfeiture of their Lands Goods and Debts to the King by this their generall exile is no lesse then 10. severall times precisely mentioned in these 2 Records and the very groundwork of them besides some hundreds of other Records and Authors cited by me in the 1. and 2. Part of my Demurrer to the Iewes long discontinued Remitter into England And therefore I must admire Sir Edward Cooks peremptory denyal of it in print in his Commentary on the Statute de Iudaismo in the very date whereof he is mistaken as well as in most of his Comments thereupon as I have largely proved in my Demurrer 2. That it is a breach of the Oath of Fealty and Allegiance in any Subject and an offence for which he is punishable to conceal from or defraud the King of any of his just debts and rights especially when engaged by Proclamation to discover them 3ly That the King and his Counsell gave judgment in these causes and that in the later of them the King reserves the taxing of the Amerciament of the Archbishop for an offence against him wholly to himself The 3. case is that of Iohn Saâ—veyn his wife and her sister in the Placita coram ipso Domino Rege apud Westmonasterium in Parliamento suo in Octabis Nativitatis beatae Mariae Anno regni Regis Edwardi filii Regis Henrici 33. which is very memorable and thus recorded Iohannes Salveyn Margareta uxor ejus Isabello soroâ— ejusdem Margaretae filiae haeredes Roberti de Ros de Werk per Petitionem suam in forma sequenti ostendunt Domino Regi et petunt quod cum Dominus Rex de gratia sua speciali concessit et ordinavit Quod omnes gentes de regno Seotiae cujuscunque fuerint et quae ad pacem suam venerint exceptis aliquibus personis in eadem Ordinatione nominatis admittantur secundum conditiones subsequentes videlicet quod salva sit eis vita et membra et quod quieti sint de imprisonamento et quod non exhaeredantur Ita quod de eorum exemptione et emendis de Transgressionibus qnas ipsi Domino Regi solummodo fecerint et de estabilamento terrae Scotiae staret ordinationi suae sicut plenius continetur in Ordinatione supradicta Et inâ— super Dominus Rex concessit omnibus qui secuti fuerint seisinam de terris quas ipsi et eorum Antecessores tenuerunt in principio Guerrae In quorum manus terrâ—â— illae devenissent quod ipsi Iohannes Margareta Isabella uti possent et gaudere concessione et Ordinatione praedictis quoad terras quae dictus Robertus tenuit in Anglia Scotia in principio guerrae Ita quod non sinâ— exhaeredati Et Willielmus de Ros de Hamlake qui tenet praedictum Manerium de Werk ex dono et concessione Domini Regis per praemunitionem sibi factam venitâ— et tam pro seipso tanquam tenenti dictum Manerium quaÌ„ pro Domino Rege quo ad alias terras et tenementa quae fuerunt dicti Roberti tam in regno Angliae quam in terra Scoâ—iae dicit Quod praedicti petentes nichil in eisdem per medium praedicti Roberti clamare possunt ut ipsius haeredes nec ad illa petenda seu aliquam partem earundem audiri debent prout petunt Dicit enim quod ipsi petunt tenementa praedicta ut haeredes praedicti Roberti et virtute câ—jusd â—m Ordinationâ—s quam Domâ—nus Rex nuper fecitet concessit illis hominibus de terra Scotiae qui in ultima guerra in eadem terra ad pacem suam venerunt et admissi suerunt et per illa verâ—a videlizet quod non â—xâ—aeredentur Et etiam petunt quod ipsi uti possunt et gaudere concessione et Ordinatione praedictis quo ad terras quas dictus Robertus tenuit in Anglia in Scotia in principio guerrae Ita quod non sint exhaeredati prout in sua petitione continetur quod nullo modo admitti debent Quia dicit quod praedictus Robertus diù ante principium istius gueriae ad quod tempus Ordinationi praedicta reddito terrarum et concessio se extendunt Inimicus Domini Regis devenit maniâ—estus parti Scotorum Contra Homagium et Filelitatem suam felonice et traditiose adhâ—rendo et sic omnes terras et tenementa sua ubicunque infra Dominium et potestatem Domini Regis existentia simul cum aliis bonis suis quibuscunque totaliter forisfecit nec unquam postea in vita sua ad pacem Domini Regis rediit set in inimicitia sua ut Felo et Traditor obiit Occasione cujus Inimicitiae sic commissae Dominus Rex
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
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
Burgensium levandis mentioned in the Modus tenendi Parlamentum though in no Records before Claus. 28. E. 1. it indeniably appears that this absurd ridiculous Modus so much magnified followed relied upon by Sir Edward Cook in sundry of his Books as a most ancient authentick Record both known and used in Edward the Confessors time For Certain rehearsed before William the Conqueror by the discreet men of the Realm and by him approved and used who kept a Parliament according to its Prescription which the Book of 21. E. 3. f. 60. hee cites to prove it directly contradicts After which King H. the 2. fitted and transcribed this Modus into Ireland in a Parchment Roll for the holding of Parliaments there Which no doubt hee did by the advice of his Iudges c. That this Modus was seen by the makers of Magna Charta Anno 9. H. 3. c. 2. concerning the reducing of ancient Reliefs of intire Earldemos Baronies Knights fees according to such proportions as is contained in the Modus which they could not have done so punctually if they had not seen the same all which hee asserts with so much confidence as if hee had been an eye-witness thereof himself though most gross untruths is in verity a late spurious Imposture written long after the Reign of King Henry the 3. and Edward the 1. himself confessing that some part thereof is cited in he should have said taken out of the Parliament Roll of Anno 11. R. 2. and other Records of Parliament and not compiled before the latter end of King R. the 2. The word Parliamentum being not onely used many hundred times almost in every line throughout this Modus and not the words Concilium or Collequium but likewise intituling and denominating the very Treatise it self which grew not into such Vulgar use till after the Reign of King Henry the 3. under King Edward the 3. and succeeding Kings as appears by Thomas Walsingham Hist Angliae p. 5 8 12 13 17 25 28 32 34 35 36 37 38 40 41 42 44 45 46 70 71 76 77 78 81 82 83 88 96 105 110. Ypodigma Neustriae p. 68 69 71 72 73 82 83 87 88 98. Henry de Knyghton and was totally unknown to and not used by any Lawyers States-men Clerks Writers of our English Annals before the Reign of King Henry the 3. Which I much wonder Sir Edward Cook who writes that after diligent search hee could finde nothing against this Modus and demands Quis vituperaâ—it and some others of ou Antiquaries observed not being so palpable an Imposture as Mr. Selden Archbishop usher and others have discovered it to be Indeed I found one Roll in the Tower Anno 9. E. 2. stiled Modus Parliamenti which upon its first view I conceited might have some affinity with or at least give some colour to this forged Modus but upon perusal it proved onely a Roll of the Proceedings in the Parliament of 9. E. 2. farre different from this Modus and having no affinity with it yet peradventure the Author of this Imposture borrowed his Title from it Besides the late introduction of the word Parliamentum into England doth likewise discover Sir Edward Cooks other pretended ancient Manuscript of the Monastery of St. Edmonds which hee much cried up yet never would send judicious Sr. Henry Spelman to peruse perchance lest hee should detect its Novelty and Imposture to be of no such Antiquity as hee conceited it to be written in King Cnutes Reign or not long after it but after Henry the 3. his Reign since the words Parliamentum in suo publicâ— Parliamento tunc in eodem Parliamento personaliter existentibus were not grown in use till Edward the 1 2 3. and the whole clause hee prints out of it in his Preface to his 9. Reports prove it to be written under one of these three Kings Reigns if not after them as the Modus was By both which you may easily discern how little insight this great Lawyer had in Histories Antiquities or Records as to be cheated besotted with such Impostures and bottom his Discourses of our Parliaments upon such spurious rotten Foundations as these 3. That no Oath nor Engagement whatsoever was antiently imposed on the Members of the Lords or Commons House to debar or seclude any of them from sitting or voting much less were any of them suspended or forcibly kept out of either House till they had taken any new-invented Oath prescribed them onely by a prevailing party without a Legal Act of Parliament ratified both by the Kings Lords and Commons in an orderly manner such inforced seclusive Oaths being inconsistent both with the Freedome Priviledges Rights of old English Parliaments The Parliament of 1. Eliz. c. 1. upon the abolishing of Popery and restitution of the Protestant Religion having by unanimous consent of the three States made and prescribed an Oath of supremacy for the preservation of the ancient Rights and Royalties of the Crown of England and of the persons of the Queen her heirs and successors against the usurpations claimes practices of the Bishop of Rome and his confederates on all Arch-Bishops Bishops Arch-Deacons Clergy-men and temporal officers By reason of the manifold Plots and Treasons of the Pope and Papists against the Queens person Crown and Realm the Parliament of 5. Eliz. c. 1. thought fit to prescribe this Oath for the better detection of persons popishly affected not onely to all Readers Barresters Graduates in the Universities Schoolmasters Sheriffs and other inferiour Officers but likewise to all future Knights Citizens and Burgesses of Parliament enacting That every person who shall bee hereafter elected or appointed a Knight Citizen Burgess or Baron of the five Ports for any Parliament or Parliaments hereafter to be holden shall from henceforth before hee shall enter into the Parliament House or have any voice there openly receive and pronounce the said Oath before the Lord Steward for the time being or his Deputy or Deputies for that time to be appointed And that hee which shall enter into the Parliament House without taking the said Oath shall be deemed no Knight Citizen Burgess nor Baron for that Parliament nor shall have any voice but shall be to all intents constructions and purposes as if hee had never been returned or elected Knight Citizen Burgess or Baron for the Parliament and shall suffer such pains and penalties as if hee had presumed to sit in the same without Election return or authority Provided that this Act nor any thing therein shall not extend to compel any temporal person of or above the degree of A Baron of the Realm to take or pronounce the Oath abovesaid nor to incur any penalty limited by this Act for not taking or refusing the same This is the first Act ever imposing an Oath upon any Members before their sitting and voting in the Parliament House wherein five things are observable 1.
King being both Caput Principium finis Parliamenti as Modus tenendi Parliamentum Sir Edward Cooke and others resolve our Parliaments living and dying with our Kings and determining when summoned and sitting by the Kings decease since they can neither treat nor confer with him of any businesses concerning him or his Kingdome nor be his Parliament after his death as the Parliaments of 1. H. 4. rot Parl. n. 1. 2. 3. 1. H. 5. rot Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge the Parliament of 23. R. 2. dissolving by this resignation of the Crown and the Parliaments of 14 H. 4. and 24. Iacobi being dissolved by their respective deaths as their Judges and Parliaments resolved and the Parliament of 18. Caroli by the self same reason as I have elsewhere evidenced seeing hee could neither vobiscum cum caeteris Magnatibus Proceribius Regni nostri colloqaium habere Tractatum super diversis arduis negocâ—is Nos Regnum nostrum coâ—tingentibus nor the Commons do and assent hiis quae tunc ibidem per Nâ—s c. ordinari contigerit super negotiis antedictis as the Writs of Summons and Prorogation prescribe 8. That when ever there was a Custos Regni during the Kings absence in forraign parts or a Protector during his Minority the Writs of Summons and Prorogation issued alwaies in the Kings stile name and by his authority and direction and the Teste onely in the Custos or Protectors name with a per ipsum Regens per ipsum Regem Consilium or per ipsum Regem Custodem consilium subjoyned 9. That when our Kings could not be personally present at any Parliament by reason of their wars sickness extraordinary occasions absence in forraign Parts or minority they held them by a Custos Regni or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal to hold these Parliaments in his Name and Stead which were publickly read at the beginning of the Parliament and entred in the Parliaments Rolls for which I shall present you with these presidents onely omitting all others of this kind agreeing with them or varying little from them in form or substance The first is this Anno 13. E. 3. Rot. Parl. n. 4. Edwardâ—s Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus omnibus aliis ad instans Parliamentum nostrum apud Westm. summonitum conventuris salutâ—m Cum dilectus fidelis noster Edwardus Dux Cornubiae Comes Cestr. filius noster carissimus Custos Regni nostri propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse de circumspectionis industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis discretorum virorum Magistri Willielâ—i de le Zouche Decani Ecclesiae beati Petri Ebor Thesaurarii nostri Ricardi de Willoughby Iohannis de Stonore Iohannis Decani Sti. Pauli plenam fiduciam reportantes ipsos quatuor tres aut duos eorum ad inchoand continuandâ—m Parliamentum praedictum nostri dicti filii nostri nomine ad faciend ea quae Pro Nobis per praedictum filium nostrum facienda fuerint usque adventum filii nostri ibidem Deputamus Assignamus Et ideo vobis mandamus quod iisdem Archiepiscopo The saurario Rico. Iohi. Iohi. quatuor tribus duobus eorum intendentes sit is in praemissis in forma praedicta Teste Edwardo Ducâ— Cornub. Comite Cestr. filio nostro carissimo Custode Angliae apud Langle XIX die Ianuarii Anno Regni nostri tertio decimo The second is thus registred Annâ— 25. E. 3. Rot. Parl. n. 1. 2. Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris salutem Cum Nos ex certis caâ—sis sumus ad partes transmariâ—as profectâ—ri per quod ad primum diem dicti Parliâ—menti forte non poterimus interesse Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand Nomine nostro Parliamentum praedictam ad faciend ea quae pro Nobis per Nos faciâ—ndâ— fuerint usque adventum nostrum ibidem plenam tenore praesentiuâ—â— committimus potestatem Et ideo Vobis mandamus quod eidem filio nostro intendentes sitis in praemissis in forma praedicta In cujus rei testimonium has literas nostras fieri â—ecimus patentes Teste mâ—ipso apud Turrim London 20. die Januarii Anno Regni nostri Angliâ—â— 24. Regni vero nostri Franciae undecimo Per ipsum Regem The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue Enle 15a sâ—int Hilar c. que fuist le primer jour de ce present Parlement trâ—z nobles pâ—issent Sir Richard Prince de Gales Duc de Cornwelle Couâ—te de Cestr. auxint les Prelets Seigneurs Justices Comenes auters que fuerent venuz per Sommons de ce present Parlement sesemblerent en le palayes de Westm. en le Chambre de peinte illoeques en lour presence le dit Prince alos seent in my lieu de uly Cestassavâ—ir en la place du Roy mesâ—es nostre le dit Seigâ—ieur le Roy esteant meismes benemont venier en sa proper persone envoy ast en dit Parlement returnes ses Literes patents â—oâ—z son grant Seale enseales en la form que ensuant Edwardus Dei gratia c. Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus militibus omnibus aliis in instanti Parliamento conventuris salutem Cum ex certis cansu sumâ—s ad prâ—â—sâ—ns praepâ—diti ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterimâ—s interesse de circumspectionis industriae magnitudine carissimi filii nostri Ricardi Principis Wallia Duciâ— Cornubiae Comitis Cestr plenam fiduâ—iam reportantes eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand ad faciend 〈◊〉 quae pro Nobis per â—os ibidem faciend fuâ—runt plenâ—â—m tenorsâ— praesentium committimus poâ—estatâ—m Et ideo vobis mandamus quod eidem Principi intendentes fitis in praemissis in forma praedicta In cujus Rei c. Teste meipso apud Havering 26. die Jan. Anno Regni nostri Aâ—gliae 51. Franciae 38. The fourth is thus entred Rot. Parl. An. 1. H. 6. n. 1. Fait assavoir 〈◊〉 commâ—ncâ—ment del Parlement tenuz le Lundy prochein de â—aâ—t le feste de Seint Martyn I'aâ— del