Judg. 17.2 3 4. Exod. 22.1 to 16. Levit. 6.4 5. ch 24.17 to 22. ch 25.27 28. Judg. 11.12 13. 1 Sam. 12.3 4. 2 Sam. 9.7 ch 12.5 6. ch 19.9 to 43. 1 Sam. 7.13 14. 2 King 14.22 Ezra 1.7 8 9 10 11. ch 6.5 which warrant the judgement and restitution they then awarded together with this memorable Act of resumption of the Crown Lands Rents and Revenewes alienated and given away by King Stephen to many Lords and Soldiers to maintain his usurped Title to be just King Henry the 2d Anno 1155. Praecepit eacum omni integritate infra tempus certum a quibuscunque deteâ—toribus resignari in jus statumque pristinum revocari Quidam vero indies carâ—as quas a Rege Stephano vel extorserant vel obsequiis emerant quâ—bus tuti forent protulerunt pleading them in barre against the Kings resumption Quâ—bus fuit a Rege responsum and let those who have purchased or gotten any of the Crown Lands Rents Revenewes by gift or otherwise now remember it Quod carâ—ae Inbasoris praejudicium legitimo Principi minime facere deberent Primo ergo indignati deinde territi consternati aegre quidem sed integre Usurpata vel diu tanquam solido â—ure detenta omnia resignarunt their Charters being all adjudged voyd eisdemque instrumentis minime tuti esse potuerunt as Nubrigensis and Brompton inform us The great and long suit between William de Stutevill and William de Moubray which had continued many years in the Kings Courts concerning the Barony of Moubray was ended in a Parliamentary Council by a final award there made between them that William de Stutevil should release all his right and claim to the Barrony to William de Moubray hee giving him nine Knights fees and twelve pounds Annual Rent for this release cumque super hoc diu certatum esset tandem Anno 1200. the 2d of King Johns Reign concilio Regni et voluntate Regis pax finalis concordia facta est inter praedictos as Roger de Houeden relates who records the agreement at large King Henry the 3d. Anno 1236. in a Parliamentary Council held at York Consilio sultus Magnatum Regni ended the controversie between himself and Alexander King of Scots touching the Lands King John had granted him by his Charter in Northumberland ratified by the subscriptions and assents of his Nobles Earles and Barons Anno 1237. Rex scripsit omnibus Magnatibus suis to appear before him and the Popes Legat at York de arduis negociis regnum contingentibus tractaturis where the difference between King Henry the 3d. and the King of Scots summoned to be present at this Parliament touching his Lands in England were finally determined and a firme peace made between them the King of Scots being to receive three hundred pound lands a year in England sine castri constructione homagiumque Regi Angliae faceret faedus inter eos amicitiae sanciretur hoc se fideliter facturum Regi Angliae conservaturum juraret After this Anno 1244. King Henry summoning all the Bishops Abbots and lay Barons to present all their military Services to him marched with a great army to New-Castle against the Scots who had fortified two Castles harboured rebels against the King and made a peace with France against their former Covenant and League VVhere to avoid the effusion of Christian blood which will cry to God for vengeance congregata Vniversitate Angliae Nobilium apud memoratum castrum tractatum est diligenter super tam arduo negotio Concilio habito circa Assumptionem beatae Maria dligentissimâ— Wherein the NOBLES made an agreement between the Kings of England and Scotland Alexander King of Scots by his special Charter recorded in Matthew Paris promising and swearing for him and his Heirs to King Henry and his Heirs quod in perpetuum bonam fidem eis servabimus pariter amorem c. Most of the Prelates Earles and Barons of Scotland sealing the charter with their Seals and swearing to observe it inviolably as well as their King In the Parliaments of 18 20 21 31 33. Ed. 1. There were many Pleas and Actions for Lands Rents and civil things as well as criminal held before the King in Parliament and adjudged resolved in these Parliaments by assent of the King and advice of the Lords the Kings Judges and Council learned in the Laws there being a large Parchment Volume of them in the Tower of London where all may peruse them some of them being also entred on the dorse of the Clause Rolls of these years Pasche 21. E. 1. Banco Regis Northumberland Rot. 34. John le Machon a Merchant lent a great summe of mony to Alexander King of Scots who dying his Son and Successour refused upon petition to pay it Whereupon hee appealed to the King of England for right propter suum supremum Dominium Scotiae Thereupon the Sheriffs of Northumberland by the Kings command accompanied with four men of that County went into Scotland to the Scots King and there personally summoned him to appear in England before the King of England to answerr this Debt After which all parties making default at the day the Merchant was amerced The King of Scots afterward appeared before the King but at the first time refused to answer at last hee desired respite to bee given him that he might advise about it with his Council of Scotland promising to appear at the next Parliament and then to give his answer And in Placit coram Rege Trin. 21. E. 1. Scotia there is an Appeal to the King of England between subjects of Scotland in a civil cause tanquam superiori regni Scotiae Domino And Clauso 29. E. 1. dorso 10. there is a letter of all the Nobles in Parliament to the Pope de Jure Regis in regne Scotia forecited p. 127 128. and Claus 10. E. 3. dorso 9. The King of Scots is stiled Vassallus Domini Regis Anglia It appears by Claus 5. E. 2. M. 30. that in a Parliament held at Stanford 3. E. 2. a business touching Merchandize and a Robbery on the Sea was heard and decided before the King and Lords in Parliament between the Earle of Holland who sent over a Proctor about it and others Claus 8. E. 2. m. 15. The Petition of David Earle of Ascelos in Scotland by the Kings command was read in full Parliament before the Prelates Earles and Barones that hee might be restored to his inheritance in Scotland to which it was answered by all their Assents that his inheritance was forfeited by his Ancestors for offences by them committed c. but yet the King would give him some other Lands for it In Claus 12. E. 2. it appears that the Popes Legate came into the Parliament and petitioned the King and Lords for a Legacy given by the Bishop of Durham Patriark of Jerusalem lately dead for which the King by assent of the
vestrum consilium impâ—nsurus Scientes quod si per VESTRAM ABSENTIAM CONTIGERIT dicta negotia quid absit ulterius retardari dissimulare non poterimus quin AD VOS EXINDE SICUT CONVENIT GRAVITER CAPIAMUS Teste Rege apud Ebor. 11 Die Decembris Eodem modo mandatum est 17 aliis Episcopis 13 Abbatibus 40 Magnatibus aliis And in another writ of Summons the same year to the same Archbishop of Canterbury there is this Clause inserted against making any Proxie Scientes pro certò quod nisi evidens et manifesta necessitas id exposcat non intendimus Procuratores seu Excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum Which Clause amongst other reasons was then inserted because the Clergy in a Parliament held at Eltham some two years before refused to grant this King an aid for the defence of Ireland by reason of the Archbishops absence from it adjourning their answer to this aid till they all and the Archbâ—shop assâ—mbled together in a future Convocation to be summoned by the Kings writ as the Claus Rol. An. 4 E. 3. m. 3. dorso recordâ— Thus the Bishops and Clergy refused to grant an aid to King Henry the 3. Anno 1232. and likewise another aid to the Pope Anno 1244. because many of the Bishops and Abbots who were summoned to the Parl. then held were not present Adding Tangunt ista Archiepiscopos necnon universos Angliae Praelatos cum ergo Archiepiscopi Episcopi alii Ecclesiarum Praelati sint Absentes in eorum praejuditiis respondere nec possumus nec debemus Ouia â—id â—cere praesumeâ—emus in prejuditium omnium Absentium fieret Praelatorum All excellenâ— Presidents both for the Lords and Commons in all succeeding ages not to vote or act any thing or grant any aids or Subsidies upon any occasion menace or intreaty whiles their Members who ought to be personally present are absent much more when forcibly secured or secluded by internal confederacy or external armed violence or the whole House of Peers sequestred or suppresâ—ed by factious seditious Levellers who now design their total and final extirpation out of their future New-modelled Parliaments Having thus impregnably evinced the Lords undoubted right to sit and vote in Parliament though they be not elective by the peoples voices as Knights and Burgesses are I shall next discover unto our illiterate Ignoramusses who oppose their right the justice good grounds and reasons of our Ancestors why they instituted the Lords to sit and vote in Parliament by right of their very Nobility and Peerage which will abundantly satisfie rational men and much confirm their right First the Nobles and Great Officers in all Kingdoms and in our Kingdom too in respect of their education birth experience imployments in military State-affairs have always been generally reputed the wisest most experienced Common wealths men best able to advise Counsel the King and kingdom in all matters of Government Peace or War as our Historians Antiquaries Polâ—tians Records acknowledge and attest whence they were antiently stiled Aeldermen Wisemen Magnates Optimates Sapientes Sapientissimi et Clarissimi viri Conspicui Clarique Viri Primates Nobiles c. in our Historians and Records our Parliaments in that respect being frequently stiled in antient times Concilium SAPIENTUM upon which Grounds our Kings Lords and Commons too when ever they recommended Councellors of State to the King in Parliament made choice of Lords and other Peers for for their Privy Councellors as most wise able discreet Therefore it was thought fit just and equal the King should ever summon them to the Parliament by his Writ without any election of the people for their own inherent wisdom excellency valour learning worth the Original cause of advancing enobling them at first as is expressed in their Patents and evident by these Scripture Texts Esth 1.13 14. Isay 19.11 12 13. Jer. 5.5 c. 10.7 c. 51.57 Dan. 2.48 c. 6.1 2 3. Gen. 41.39.40 Psal 105.21 22. compared together This ground of calling the Nobles to the Parliament is intimated in the very words of the summons Et ibidem VOBISCUM Colloquium habere tractare de arduis urgentibus Regni Ecclesiae Anglicanae negotiis VESTRUMQUE CONSILIUM IMPENSURI c. Et hoc nullatenus omittatis which clause recited in the Commons writs of election likewise implies them to be men of most wisdom and experience able to counsel and advise the King in all hit weighty arduous affairs both of the Kingdom and Church whence by Hereditary antient right they are THE KINGS GREAT COUNCEL and so acknowledged by the Commons themselves this last Parliament I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wisdom and specially desired their wholsom Counsel as persons of greater wisdom and experience than themselves but for brevity sake I shall cite only these ensuing Records In the Parliament of 21 Edw 3. rot Parl. n. 4 5. Wil. de Thorp in the presence of the King Prelates Earls Barons and Commons declared that the Parliament was called for two causes The first concerning the wars which the King had undertaken by the consent of the Lords and Commons against his Enemies of France The second how the Peace of England may be kept Whereupon the King would the Commons should consult together and that within four days they should give answer to the King and his Counsel what they think therein On the fourth day the Commons declare That they are not able to counsel any thing touching the point of War wherefore they desire in that behalf to be excused And that the King will thereof advise with his Nobles and Council and what shall be so amongst them determined they the Commons will thereto assent confirm and establish By which it is evident the Commons then reputed the Nobles more wise and able to advise the King in matters of war than themselves who confessed their inability therein and therefore submitted to assent to whatever the Nobles and Councel should therein advise Him 28 Edw. 3. n. 55 58. The Commons submit the whole businesse of the Treaty of peace with France to the order of the King and of his Nobles And 36 Edw. 3. n. 6. The LORDS only advise the king touching Truce or War with Scotland In the first Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redress of grievances and publike affairs to the King prayed that unto the Wednesday ensuing their Articles may be committed to the Bishops Barons other wise men there named by them to be amended which the king grauted whereas the Lords exhibited their Articles apart to the king and the Bishops their Articles apart in this Parliament and protested that they ought not to answer but in open Parliament by and with their
dissaisietur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlegetur aut exulet aut aliquo alio modo destituatur nec super eum ibimus nec eum in carcere mittemus nisi per legale judicium Parium suorum vel per legem terrae Nulli vendemus nulli negabimus aut differemus Rectum vel Justitiam The Barons having by their valour magnanimity industry procured these Great Charters of their liberties and of the Forest were as carefull vigilant to preserve them to punish the Violations of them and to get them reconfirmed repromulged when violated by our Kings which I shall manifest by some Records Histories not commonly known or taken notice of Rot. Pat. 17 Johannis pars 1. m. 19 21 22 23 24. Dorso and Chart. 17. Joh. Dors 27. There are sundry Patents Commissions Writs for sending the Great Charter and Charter of the Forest into every County for enquiring of all evil customs contrary to them that they might be abolished all violations of them that they might be redressed all by the Barons procurement and by agreement betwen the King and Barons whose names are there inserted Pat. 1 Hen. 3. m. 13. 15 The Great Charter by advice of the Earls and Great men is sent by King Henry the third into Ireland the exemplification whereof was sealed with the Poâ—es Legates Seal as well as the Kings and precepts are theâ—e sent to Sherifs to read it openly it being thus stiled in these Records Libertates Charta libertatum Regni nostri Angliae a patre nostro a nobis concessae so Claus 12 H. â—3 pars 1. m. 17. There is another precept for publishing and observing the Great Charter in Ireland Rot. Claus 2 H. 3. m. 6. 11. Dorso The Great Charter by special writs is commanded to be duly kept read and observed in most Counties and sent down into Yorkshire for that end by the Barons advice and procurement Pat. An. 3. H. 3. pars 2. m. 3. There is mention of Charta nostra de Libertatibus Forestae concessis probis nostris hominibus de Anglia By the Barons means and order for its observation Anno Dom. 1223. The 7th of Henry the 3 his reign This King in the Octaves of Epiphany apud Loudonias veniens cum Baronibus ad colloquium requisitus est ab Archiepiscopo Cantuariensi Magnatibus aliis ut libertares liberas consuetudines pro quibus guerra mota fuit contra patrem suum confirmaret Et sicut Archiepiscopus ostendit evidenter idem Rex diffugere non potuit quin hoc faceret cum in recessu Ludovici ab Anglia juraverat tota Nobilitas Angliae cum illo quod libertates praescriptas omnes observarent ab omnibus traderent observandas Quod audiens Gulielmus de Briwere qui unus erat ex Consiliariis Regis pro Rege respondens dixit Libertates quas petitis quia violenter extortae fuerunt non debent de jure observari Quod verbum Archiepiscopus moleste ferens increpavit eum dicens Gulielme si Regem in veritate deligeres pacem regni non impedires Videns autem Rex Archiepiscopum in ira commotum dixit Omnes libertates illas juravimus omnes astricti sumus ut quod juravimus observemus Et Rex protinus habito super hoc consilio misit literas suas ad singulos Vicecomites Regni ut per milites duodecim vel legales homines uniuscujuscunque Comitatus per sacramentum facerent inquiri quae fuerunt libertates in Anglia tempore Regis Henrici avi sui facta inquisitione Londonias mitterent ad Regem in quindecim diebus post Pascham These Writs and Letters of the King are recorded in the Tower Rot. Claus 7. Hen. 3. part 2. m. 20. dorso Commanding the liberties found and retorned to be proclaimed and observed But it seems by Dors 14. there was a countermand neither to proclaim nor observe them Whereupon the King soon after sending the Archbishop with three other Bishops into France to King Lewis to render Normandy with other lands unto King Henry according to his Oath made to him in his recess from England with the consent of all the Barons King Lewis thereunto replied that King Henry had first broken his Oath to him in this particular amongst others De Libertatibus autem regni Angliae de quibus guerra mota fuerat quae in recessu suo concessae erant AB OMNIBUS JURATAE ita actum est quod non solum illae leges pessimae ad statum pristinum sunt reductae fed illis nequiores per totam Angliam sunt generaliter constitutae nec etiam Ecclesiae sanctae Libertates quas in Coronatione sua inviolabiliter se juravit conservaturum conservat Unde qui prius pactum violavit primus injuriosus existit non ego Quod audiens Archiepiscopus Episcopi qui cum eo erant cum aliud responsum habere nequiverant confusi ad propria sunt reversi Regi Angliae quae audierant referentes In the 8 year of King Henry rhe 3. the King by reason of the insurrection of the Earl of Chester and others and the French Kings taking of Rochel from him Convenerunt ad Colloquium apud Northamptonam Rex cum Archiepiscopis Episcopis Comitibus Baronibus aliis multis de regni negotiis tractaturi c. Wherein Regi pro maximis laboribus suis expensis tam à Praelatis quam a Laicis concessum est Carucagium per totam Angliam de qualiter caruca duo solidi argenti Whereupon the King by the Barons and Nobles consent and advice as appears by Rot. Pat. 8. H. 3. pars 3. Dors 14 15. Sent Writs to sundry Sherifs and to the Bishop of Durham and his Chancellor to proclaim and observe the Great Charter of Liberties and the Charter of the Forest In the 9 year of King Henry the 3. the King holding a Parliamentary Council at Westminster demanded advice and also a fiftenth part of all the moveables of the Clergy and Laity through England for the recovery of the antient dignity rights and possessions of the Crown then lost and seised on by the French King Whereupon Archiepiscopus Concio tota Episcoporum Comitum Baronum Abbatum Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratanter acquiscerent si illis diu petitas libertates concedere voluisset Annuit itaque Rex cupiditate ductus quod petebant Magnates Cartisque protinus conscriptis Regis sigillo munitis ad singulos Angliae Comitatus Cartae singulae dirigâ—ntur ad Provincias illas quae in Forestis sunt constitutae duae cartae sunt directae una scilicet de libertatibus communibus alter de libertatibus Forestae c. Et sic soluto Concilio delatae sunt cartae singulae ad singulos Comitatus ubi ex
et armis communiti ut si Rex circumventus per levitatem recalcitraret ad praemissa complenda cogeretur Ibi igitur post multas multorum deceptationes se subjecit Rex quorundam provisioni de gravioribus viris jurans se eorum provisionis adquiescere Quod et factum est et in scripta redactum et appensa sunt tam Legati quam aliorum Magnatum Sigilla omnibus in communi manifestanda So in the Parliament held by King Henry Anno 1242 and 1248. The Archbishops Bishops Priors Earls Barons and Gentlemen assembled to it in like manner boldly and joyntly reprehended the King for favouring Aliens wasting his money upon them following their advice and oppressing neglecting impoverishing exhausting his Natural Subjects as you may read at large in Mat. Paris p. 560 561 562 719. overlarge to transcribe The same year the king rashly commanded that Wil. de Ros who deserted him in his wars in France out of meer want of monies offering to pawn his lands to the King if he would supply his necessities which he refused to doe de terris fuis licet sine judicio parium suorum disseiseretur Quod videbatur cunctis INJUSTUM ET TYRANNUM Whereupon he was sharply reprehended by his Brother Earl Richard who with other Nobles left him in discontent upon this occasion and returned into England King Henry the 3. Anno 1244. the 28 year of his reign summoned a Parliament of the Nobles at London thus recorded by Matthew Paris Convenerunt Regia submonitione convocati Londinum MAGNATES TOTIUS REGNI Archiepiscopi Episcopi Abbates Priores Comites Barones in quo Concilio petiit Rex ore proprio in praesentia Magnatum in refectorio Westmonasteriensi auxilium sibi fieri pecuniare sub silentio praeteriens propositum suum de Rege Scotiae potentur impugnando In propatulo tamen manifestans quod anno transacto transfretaverat in Gasconiam de consilio eorum ut dicebat ubi tenebatur aeris alieni non modica quantitate nec potuit nisi efficacissimè sibi ab illis generaliter subveniretur liberari Cui fuit responsum quod super hoc tractarent Recedentesque Magnates de refectorio â—onvenerunt Archiepiscopi Episcopi Abbate Priores seorsum per se super hoc diligenter tractaturi Tandem requisiti fuerunt ex parte eorum Comites Barones si velient suis consiliis unanimiter consentire in responsione provisione super his facienda Qui responderunt quod sine communi universitate nihil facerent Tunc de communi assensu electi fuerunt ex parte Cleri electus Cantuariensis Wintoniensis Lincolniensis Wigorniensis Episcopi ex parte Laicorum Richardus Comes frater Domini Regis Comes Bigod Comes Legriae Simon de Monteforâ—i Comes Mareschallus W. ex partibus Baronum Richardus de Muntsichet Johannes de Bailliol de sancto Edmundo et de Ramesia Abbates ut quod isti duodecim providerent in commune recitaretur nec aliqua forma Domino Regi ostendaretur auctoritate duodecim nisi omnium communis assensus interveneret Et quia Charta libertatum quas Dominus Rex olim concesserat pro cujus conservatione Archiepiscopus Cantuariensis Edmundus juraverat fide jusserat certissime pro Rege promiserat nondum extitit observata auxilia quae toties concessa fuerunt Domino Regi ad nullum profectum Regis vel regni devenerant Et per defectum Cancellarii Brevia contra justitiam pluries fuerunt concessa petitum fuit secundum quod eligerent Justiciarius Cancellarius fierent per quod statum Regni solidaretur ut solebat Et ne per compulsionem Concilii aliquod novum statuere videretur noluit Rex petitioni Magnatum consentire sed promisit se â—mendaturum quae ex eorum parte audierat unde datus fuit terminus eis usque in tres septimanas Purificationis beatae Virginis ut ibidem iterum tunc eonvenireot Quod si mera voluntate Rex interim tales Consiliarios eligeret taliter jura regni tractaret quod Magnates contenti essent ad terminum illum super auxilio faciendo responsuri providerent ita tamen quod si aliqua pecunia eidem concederetur per dictos duodecim expenderetur ad commodum Regni Et cum per plures dies protraheret eos Dominus Rex volens eos quasi tedio affectos flectere ad consensum ut sine termini prorogatione ad auxilium contribuendum consentirent multipliciter convenit eos nec circumvenit quia Magnates hoc prudenter perpendentes IMMOBILITER IN PROPOSITO PERSTITERUNT Tunc Dominus Rex demum sperans salâ—m Clerum ad desiderium suum inclinare convocatis Praelatis porrexit illis Papales apices in publico recorded at large by Matthew Paris commanding and perswading the Prelates Abbots and Clergy to supply the Kings necessities and grant him an aid with particular Letters to all the Prelates from the Pope to the like effect The Prelates notwithstanding all the Kings private sollicitations and policies refused to return any answer to the Popes Letters till the time of the Lords reassembling or to do any thing but by Common Counsel and consent of the whole Parliament from which they would not be divided as you may there read at large The Nobles and Great men meeting again at the time prefixed agree on these ensuing Provisoes after long debate which they tendred to the King for his assent denying to grant him any aid of mony unless he consented to them De libertatibus alia vice emptis concessis per chartam Domini Regis confirmatis quod de caetero observentur Ad cujus rei majorem securitatem fiat nova charta quae super haec specialem faciet mentionem Et ab omnibus Praelatis solenniter excommunicentur qui scienter prudenter libertates a Domino Rege concessas vel impugnare vel impedire quo minus observentur praesumpserint reformetur status eorum qui post ultimam concessionem in libertatibus suis laesionem incurrerunt Et quia propter virtutem sacramenti praestiti nec non propter timorem sententiae latae a sancto viro Edmundo quod ea vice promissum fuerat hactenus non exstitit observatum ne hujusmodi periculum de caetero eveniat sic fiant novissima pejora prioribus de communi assensu quatuor eligantur Potentes et Nobiles de Discretioribus totius regni qui sint de Concilio Domini Regis et jurati quod negotia Domini Regis et Regni fidelitur tractabunt et sine acceptione personarum omnibus Justitiam exhibebunt Hi sequentur Dominum Regem si non omnes semper duo eorum ad minus praesentes sint ut audiant querimonias singulorum ut patientibus injuriam celeriter possint subvenire Per visum testimonium eorum tractetur Thesaurus Domini Regis pecunia ab Universis specialiter concessa
proximam post Ascentionem multiplicabantur contra Regem variae diatim querimoniae eo quod promissa sua non observabat contemnens claves Ecclesiae ET CHARTAE SUAE MAGNAE TOTIES REDEMPTAE TENOREM Fratres quoque suos uterinos intollerabiliter contra jus regni et legem ut naturales terrae erexit nec sinebat aliquod brâ—ve exire de Cancellaria contra eos c. REDARGUâ—US EST INSUPER REX quod omnes alienos promovet et locupletat et suos in subversionem totius Regni despicet et depraedatur Et ipse tam egenus est cum alii abundent quod thesauri expers jura Regni nequit revocare imo nec Wallensium quae sunt hominum quisquiliae injurias propulsare et ut brevibus concludatur Excessus Regis tractatus exigit speciales Rex autem ad se reversus cum veritatem redargutionis intellexisset licet sero humiliavit se asserens iniquo consilio saepius suisse fascinatum promisitque sub magni juramenti obtestatione super altare et feretrum S. Edwardi quod pristinos errores planè et plenè corrigens suis naturalibus benigne obsecundaret Sed crebras transgressiones praecedentes se penitus incredibilem reddiderunt quia nesciebant adhuc Magnates quomodo suum Prothea tenere voluissent quia arduum erat negoâ—ium et difficile dilatum est Parliamentum usque ad festum Sancti Barnabae apud Oxoniam diligenter celebrandum Interim Optimates Angliae utpote Gloverniae Legrecestriae et Herefordiae comites Comes Marescallus et alii praeclari viri sibi praecaventes providentes confaederati sunt quia pedicas et laqueos alienorum vehementer formidabant et Regis retiacula suspecta nimis habuerant veniebant cum equitibus et armatis et comitatu copioso communitâ— Parlamento autem Oxoniae incipiente solidabatur Magnatum et consilium immutabile exigendo constantissime UT DOMINUS REX CHARTAM LIBERTATUM ANGLIAE quam Johannis Râ—x pater suus Anglis confecit confectam concessit quamque idem Johannes renere juravit FIRMITER TENE AT ET CONSERVET quamque idem Rex Henricus multoties concesserat et tenere juraverat ejusque infractores ab omnibus Angliae Episcopis in praesentia sua et totius Baronagii horribiliter â—ecit excommunicare ipse unus fuerat excommunicantium Exigebant insuper sibi fieri Justiciarium qui justitiam faceret injuriam patientibus aequanimiter divitibus et pauperibus Quaedam etiam alia Regnum contingentia petebant ad communem Regis regni utilitatem pacem simul honestatem Quorum consiliis et provisionibus necessariiâ— Dominum Regem frequenter et constantissime consulendo rogitabant obtemperare jurantes fide mediante et mutuo dextras exhibentes quod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita et morte sua et suorum Quod Rex recognoscens graviter juravit consiliis eorum obsecundare et Edwardus filius ejus eodem est juramento astrictus After which they expelled and chased away all the Aliens about the King Et ita terminatur Parliamentum apud Oxoniam fine terminato et certo non opposito Hereupon there issued out sundry Writs and Commissions for reformation of abuses and punishing offences against the Great Charter recorded in Rot. Claus 42 H. 3. m. 1. 3.6 and that PER CONSILIVM MAGNATUM as those Records attest Rot. Pat. An. 43 H. 3. m. 10. n. 41. n. 15. there is a large Letters Patents of the King recorded in French declaring the good Government that should be for the future the due observation of Magna Charta the Kings faithful promise inviolably to keep the same according to his Oath and promises and that every man injured might freely sue and complain against or arrest the King or any other And Rot. Pat. An. 44 H. 3 m. 4. Schedula m. 5.9 There are Writs and Letters of the King to the Sherifs of every County to the same or like effect All by the advice or procurement of the Nobles Anno 1263. the 47. of King Henryes reign the King and Nobles to procure peace and reconciliation between them submitted themselves to the arbitrement of Lewes King of France touching the Provisions made at Oxford about which they had great contests and differences who solemnly pronounced Sentence for the King against the Barons of England Statuâ—is Oxoniae Provisionibus Ordinationibus et obligationibus penitus annullatis Hoc excepto quod Antiquae Chartae Regis Iohannis Angliae universitati concessae per illam Sententiam in nullo intendebat penitus derogare Quae quidem exceptio Comitem Leicestriae et caeteris qui habeant sensus exercitatos compulit in proposito tenere firmiter Statuta Oxoniae quae fundata fuerant super illam Chartam Where upon they taking up arms wasting and pillaging the Kings Manors Lands and adherents the King in the 48. year of his reign mediantibus viris honoratis paci Baronum acquievit ad tempus ut Provisiones Oxoniae inviolabiliter observarentur which Provisions the King confirmed by his Patents recorded at large in the Tower Rot. Pat. An. 47 H. 3 pars 1. m. 7. n. 25. and pars 2. nu 2. Rot. Pat. 48 H. 3. pars 2. m. 3. Rot. Pat. 46 H. 3. m. 18. Pat. 49 H. 3. m. 10.15 18. Claus 49 H. 3. m. 4.5 Claus 50 H. 3. m. 1. dorso There are several Patents Commissions Proclamations procured by the Lords from the King for the reading proclaming and inviolable keeping of the Great Charter and Franchises of the Realm and reformation of Grievances contrary thereunto overtedious to transcribe and the Agreements between rhe King and Barons touching the same King Edward the 1. in the 25. year of his reign by his own regal Authority without grant in Parliament raised the Custom of Woolls to 40 s. upon every sack which he levied whereas before they payed onely half a mark a sack And likewise summoned some Nobles and all those who held of him by Knights service with all others who had lands to the value of 20 l. or upwards a year to be ready with rheir horses and arms at London on the feast of S Peters ad Vincula to pass over with him into Flanders to serve there in the Wars at the Kings wages Hereupon the Earles Marshal and of Hereford with other Nobles refused to goe inâ—o Flanders and drew up this Notable Petition or rather Remonstrance to the King against this unjust Imposition forein service and other Grievances against the Great Charter and their Liberties which they sent to Winchelsey by Messengers ex parte Comitum sui regni as Walsingham relates Haec sunt nocumenta quae Archiepiscopi Episcopi Abbates et Priores Comites et Barones et tota terrae Communitas monstrant Domino nostro Regi et humiliter rogant eum ut ad honorem suum
in barr of the Writs of Summons directed to them because those writs themselves did ennoble and make them their posterity successors Peers of Parliament though they held no Lands by Barony 8ly it is undeniable by sundry presidents that the Kings general writs of Summons create none Lords or Peers of Parliament for life or Inheritance if they hold not by Barony which I shall evidence by these presidents in point To the Parliament of 49 H. 3. there were no less than 64 Abbots 36 Priors the Master of the Temple and 5. Deans of Cathedral Churches namely of York Exeter Salisbury Lincoln Bath and Wells summoned by general writs as the Bishops Earls Barons and other Nobles were yet this did not make themselves nor their Successors Barons or Peers of Parliament for neither of these Deans nor their successors were ever afterwards summoned to Parliament as they would and must have been had this writ made them or their successors Barons and Lords nor any of the Abbots or Priors but such only who held by Barony who were constantly summoned but those who then held not by Barony or Militare servitium if casually summoned to one Parliament were yet upon their complaints thereof omitted and discharged in the next as the Writs of Summons themselves attest and Mr. Selden manifests out of them Therefore the Writs did neither create them Barons for life much less their successors after them for then they should still have of right been summoned to succeeding Parliaments and ought not to have been discharged In the 18 of Ed. 2. A Writ of Summons was sent by the King Magistro Gilberto de Middleton Archidiacono Northampton Officiali Curiae Cantuariensis Magistro Roberto de Sancto Albano Decano de Arcubus London But no writ was ever directed to them afterwards but in this one Parliament only therefore it made them not Lords and Barons for life inheritance or succession The like is evident by the forecited presidents of the Abbots of St. James Leicester and other Priors So the Gardians of the Spiritualties of Bishops during the vacancy and their Vicars Generals during their absence beyond the Seas have been frequently summoned to Parliaments by writs But being summoned only as substitutes or in the right of the Bishops or Bishopricks it made them no Barons or Peers neither were they ever esteemed such heretofore or at this day as Mr. Selden informs us And as it was thus amongst Abbots Priors Deans and other Clergy-men that these writs made them not Barons for life nor yet in succession so by the selfsame Law and Reason they made no Laicks who held not by Barony such for life or inheritance Whence we find many such in the summons to Parliament of King Henry 3. Ed. 1 2 3. R. 2. H. 4 5 6. who were summoned once twice or thrice but never afterwards nor any of their name or posterity of which no other solid reason can be given but that these general writs of summons made them neither Barons for life nor inheritance no more than they did Abbots Priors or Clergymen For example I find Edmond Barstaff Robert de Crendon H. Huse Ader de Estlye Serton de Hansladorn and sundry others summoned by Writ to Parliament in 33 E. 1. Peter Corbet Andrew de Hamloe Henry Tregor Maurice de Buen Roger Banuent and some others in 13 E. 2. Simon Ward Henry Dandle William Blunt in 4 E. 3. Roger de Claudes Ralph de Bevil William de Kineston in 14 E. 3. Ralph Bulmer Thomas Bugworth in 22 E. 3. William de Ridehal in 27 E. 3. Robert de Colvil John de Kirton John de Wodhurst John Northwood John de Strivelin in the Parliament summons of 37. and one of them again of 38 E. 3. Henry Quarts in 6 H. 4. Henry Cuart in 7 H. 4. William Cheyney Chief Justice in 4. 6 H. 6. But neither of their persons nor any of their posterity were ever after summoned that I find to any other Parliaments as no doubt they would have been had those their writs of summons made them Lords and Barons In the Clause Roll of 5 E. 3. m. 12. dorso the King sent writs into Ireland to William de Burgh Earl of Ulster James de Botâ—ler Earl of Ormond William de Bremigham Knight and Walter de Burgh strictly enjoyning them with all speed to come over into England Nobiscum tractaturi vestrumque Consilium impensuri concerning his intended Voyage in person into Ireland and setting the peace and affairs therof and I read in the reign of King Henry 3. Edward the 1. 3. and other of our Kings that the King of Scots and his Nobles were oft summoned by Writs to our English Parliaments concerning the affairs of Scotland yet these writs made none of them Peers and Barons of our English Parliaments From all which I may safely conclude Sir Edward Cooks and others Opinions to be no Law but a clear mistake that a general writ of Summons doth or can create any who hold not by Barony Peers or Barons for life much less in fee or fee-tayl Therefore such may be afterwards elected Knights or Burgesses of Parliament and be Members of the Commons house and refuse to sit or serve in the Lords house upon summons without contempt or fine but no Baron or Peer of the Realm may be thus chosen or neglect his service in the Lords house Finally Mr. Cambden in his Britannia p. 120 122. Apologia p 11. and Mr. J. Selden in his Titles of Honour part 2. chap. 5. Sect. 31. p. 708. to 718. assert That as some Spiritual Barons who were conceived to be Barons by writ as well as by tenure though sometimes summoned to Parliament by writ were wholly omitted at length as not having of right Voice and Place with the rest because they held not by Barony So sundry of the Lesser Barons and Tenants in Capite holding only of the King as Vavasors by Knights service and not by an intire Barony were likewise excluded the Parliament and not summoned thereunto by King John Henry the 3. Edw. the 1. being not great and honourary Barons nor having estates sufficient to support that dignity and that as Mr. Selden conceites by some Law made not long before the Great Charter of King Iohn procured by MAJORES BARONES who foreseeing that their power and dignity might suffer much diminution if the new tenants in chief or Patentees of Escheated Baronies and the rest that were decayed should have equality with them and be indifferently Barons of the Kingdom every way as they were procured a Law in some of the Parliaments that preceded the Great Charter of King John by which themselves only should hereafter be properly stiled summoned as BARONS and the rest only Tenants in chief or Knights which Titles shold be given them as distinct names from Barons which could not but much lesen the dignity and honor of the rest
and authentique custom when there was no reason or necessity to do it they were compelled to desist from their enterprise which they laboured with much endeavour to accomplish whereupon by Gods disposing providence they suddenly gave their sentence for Ralph Bishop of Rochester to be Archbishop requiring the Kings assent thereunto who altering his mind concerning promoting the Abbot willingly gave his assent to Ralph to whom all the Monks Elders and People of Canterbury gave their ready assents Whereupon two Messengers were sent to Rome to Pope Paschal for his Pall with Letters from the King and Bishops of England and Covent of Canterbury wherein they recite his Election to this See adding Huic electioni affuerant Episcopi Abbates et Principes Regni magna populi multitudo to wit of Canterbury not elected Knights Citizens or Burgesses consentiente Domino nostro Rege et eandem electionem laudante suaque auctoritate corroborante The Pope hereupon with much difficulty at the earnest intreaty of one Anselm Nephew to the deceased Anselm sent a Pall to Ralph by him together with an angry harsh Letter to the King and Bishops the same year Whereupon Eodem anno Henricus Rex jussiâ— omnes Episcopos et Principes totius regni ad Curiam suam sub uno venire Unde rumor per totam terram dispersus est Pontificem Cantuariorum Generale Concilium praesâ—nte Legato Domini Papae celebraturum nova quaedam tantoque Conventui digna pro correctione Christianae Religionis in omni ordine promulgaturum Itaque ut Rex jusserat 16 Kal. Octobris Conveutus omnium apud Westmonasterium in palatio Regis factus est quod de Concilii celebratione et Christianitatis emendatione rumor disperserat nihil fuisse quae confluxerat multitudo tandem advertit Only the Popes Letter to the King and Bishops recorded in Eadmerus was there read Wherein Pope Paschal setting forth his pretended universal Authority over all Kingdoms and Churches derived from St. Peter that no great businesses should be done concerning the Church without him or his Legates privitie and advice taxeth the King and English Bishops for electing and translating Bishops holding Synods Councils and medling with the affairs of Bishops without his privity for not permitting any Legats freely to pass into or return from England without the Kings special license for hindring Appeals to Rome and not duly collecting and paying his Peterpence admonishing them to reform all these their Exorbitances and concluding with this menace Si verò adhuc in vestra decernitis obstinatia permanere nos Evangelicum dictum et Apostolicum exemplum pedum in vos pulverem excutiemus tanquam ab Ecclesia Catholica resilientes divino judicio trademus The King hereupon advising with his Bishops and Nobles what answer he should return to the Pope concerning those things and certain others which did very much offend his mind Cono his Legat having suspended and Excommunicated the Bishops of Normandy eo quod Conciliis generalibus tertio vocati interesse noluerunt Placuit in Communi ut Rex suos Nuncios mitteret per quos quae vellet securius Papa mandaret and withall sent that resolute Letter by them to the Pope here cited p. 108 109. An. 1116. When the forecited Parliamentary Council at Salisbury was held Anselm returning from Rome came to the King into Normandy with Letters from the Pope appointing him his Legate and Vice-pope in England Quod regno Angliae brevi innotuit Admirati ergo Episcopi Abbates et Nobiles quique Londoniae aduniti sunt super his quibusaam aliis praesente Regina communi Consilio tractatur Quid multa PLACUIT OMNIBUS Archiepiscopum Cantuar. quem maxime res haec respiciebat Regem adire exposita ei antiqua regni consuetudine SIMUL AC LIBERTATE si consuleret Romam ire ET HAEC NOVA ANNIHILARI amplectitur ille consilium repairs thereupon to the King informing him of this their resolution with whom he found Anselm waiting for a passage into England to exercise his Legatine authority Sed Rex antiquis Angliae consuetudinibus praejudicium inferri non sustinens illum ab ingressu Angliae detinebat Itaque omnis de hujusce potestatis Legati exors effectus a Normanda est in suos regressus In the year 1121. K. Henry the 1. Consilio Radulphi Cant. Pontificis et Principum Regni quos omnes in Epiphania Domini sub uno Londoniae congregavit decrevit sibi in uxorem Atheleiden filiam Godfredi Ducis Lotharingiae After which she arriving in England Conventu Episcoporum Principum et Procerum Regni qui pro occursu Reginae factus fuerat the difference between Archbishop Ralph and Thurstan about his subjection to him was moved Pope Calixâ—us who ordained him commanding the King and Archbishop to permit him to enjoy his Bishoprick aut Rex anathemate Radulphus suspensione Pontificalis Officii plecteretur Hereupon the privileges of the Church of Canterbury recorded in Eadmerus were recited quam dignè Deo haec Apostolica disponerentur intellectum est ab omnibus Tamen ne praemissae intentio poenae Regem vel Pontificem aliquatenus conturbaret EX COMMUNI CONCILIO permissus est idem Thurstinus Angliam redire Eboracum Regia via veniâ—e Quod factum est ea dispositione ut nullatenus extra parochiam Eboracensem divinum officium celebraret donec Ecclesiae Cantuariensi de injuria quam ei intulerat abjurata cordis sui obstinatione satisfaceret About the year 1122. Pope Calixtus having by force deprived Pope Gregory sent one Peter to be Legate over all Britain Ireland and the Orcades as well as France who sent some Abbots and others before him to give notice of his coming the whole land being astonished at the expectation of his coming the King sent the Bishop of St. Davies and another Clerk to him into France where he stayed to signifie his pleasure and command that they should bring him into England to him The King by prudent counsel enjoyned them That after his entrance into England they should so order his journey that he should not enter into any Church or Monastery for hospitality or lodging and that no necessaries should be administred to him from others but only at his own expence Being brought to the King and worthily received he related the cause of his coming The King pretending an expedition against the Welsh answered Se tanto negotio operam tunc quidem dare non posse cum Legationis illius stabilem auctoritatem non nisi per conniventiam Episcoporum Abbatum et Procerum et totius regni conventum roborari posse constaret â—uper haec â—ibi patrias consuetudines ab Apostolica sede concessas nequaquam se aequanimiter amissurum fore testabatur in quibus haec de maximis una erat quae Regnum Angliae liberum ab omni Legati ditione constituerat donec ipse vitae
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to loâ—e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consulâ—issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into
Dantzick or Hamborough in France Spain Denmark or Germany within the Ward of Cheape London a suggestion never made before his time in or by any Law-Book or Record only to rob the Admiralty of its antient unquestionable right and Jurisdiction 3ly That the words of the Statute of 13 R. 2. c. 5. whereon Sir Edward Cook and other Judges ground their Prohibitions to the Admiralty That the Admirals and their deputies shall not meddle from henceforth with any thing done within the Realm of England but only of things done upon the Sea c. are clearly strained and construed by them directly against the words meaning and intent of the Law-makers and Commons Petition whereon it was made For the later clause but ONLY of things done upon the Sea is put in opposition and contradistinction to the precedent words with any thing done within the Realm of England or within the bodies of the Counties as well by land as by water as the Stat. of 15 R. 2. c. 3. 5 Eâ—l c. 5.27 Eliz. c. 11.25 E. 3. c. 2. directly interpret and explain the sense thereof And they strain and apply them to contracts made by Merchants and Mariners not within the Realm of England or bodies of the Counties thereof by land or water but beyond the seas and quite out of the Realm being no part of the Realm or within the body of any County of England or Kings Dominions Than which a greater Solecism and contradiction cannot be imagined against the scope and letter of these Statutes For by this construction they may likewise strain the very Oath of Supremacy That no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction power c. Ecclesiastical or Spiritual WITHIN THIS REALM With the Statute of 13 Eliz. ch 2. for the abolishing of the usurped Iurisdiction of the Bishop and See of Rome WITHIN THIS REALM and against raising sâ—dition bringing in Bulls Agnus Dei Crosses Pictures c. WITHIN THIS REALM and other the Dominions thereof to the punishment of all such as shall avetr that any forein Prince Person Prelate State Potentate or the Pope have or ought to have any Jurisdiction power or Authority OUT OF THIS REALM or the Dominions thereof or shall raise any sedition or vent Popes Bulls c. in any forein Kingdom or Country as France Spain Italy Poland Germany out of the Realm as if they had done it within this Realm of England 4ly That by the opinion resolution agreement of the Judges of the Kings Bench 1575. and of all the Judges of England whereof Hutton and Crook were 2. 4 Febr. 1632. Hiâ— 8. Caroli the original whereof I produced subscribed with all their hands If sute he commenced in the Court of Admiralty upon Contracts made and other things personal done beyond the Seas or upon the Sea no Prohibition is to be awarded contrary to Sir Edward Cooks opinion This being the Iudgment of all our Judges in former ages wherein no record or president could be produced of any such Prohibition from Richard the 1. till the later end of Queen Elizabeths or King James his reign The Lords upon my Argument were so fully satisfied in this point of Law that they all unanimously and immediately adjudged and ordered notwithstanding Iustice Bacons and Reeves opinions upon the late presidents to the contrary that the Rule for the Prohibition in the Kings Bench should be vacated and that the Delegates should proceed to Sentence in the cause which they did And so my Client got both Judgement and Execution soon after against these Sureties I might here very fitly inform our Levellers and their Confederates That the Lords in Parliament as they did antiently so since the Commons admission unto this Great Council have made not only some Acts for the Government of London without the Commons as in 17 R. 2. n. 25 26 27. Granted Ayds for themselves to the King and likewise for the Merchants by the Merchants consents confirmed Charters Patents in Parliament reversed attainders restored persons attainted and their heirs to Lands and bloud elected the Kings Great Officers Privy Counsellers and prescribed them Laws Rules Orders appointed a Protector during the Kings Minority limited his power and discharged him from his place without the Commons confirmed an imposition upon Cloth by the King against the Commons petition to take it off Ordered a Subsidy to be paid absolutely which the Commons granted but conditionally called receivers of Subsidies and Monies to account without the Commons and opposed the Commons encroachments upon their privileges as you may see in the Parliament Rolls of 13 E. 3. n. 5 6. Parl. 1. Parl. 2. n. 8.15 E. 3. n. 41.21 E. 3. n. 16. Par. 2 R. 2. n. 22. to 27.57 5 R. 2. n. 16. 5 H. 4. n. 51. to 58. 4 H. 6. n. 22. 6 H. 6. n. 22 23. 8 H. 6. n. 13.27 28.14 H. 6. n. 10. 31 H. 6. n. 34. In Claus 50 E. 3. m. 3. 4. De essendo in Parliamento there are writs directed to particular persons in this form Sis coram Nobis et cateris Proceribus et Magnatibus regni nostri Angliae in praesenti Parliamento without mentioning the Commons apud Westm convocato hac instante diâ— Sabbatâ— proxime post futur ad informandum Nosipsos Proceres et Magnates not the Commons super quibusdam de quibus per te volumus informari c. 4. Junii Per Concilium in Parliamento And for the Nobles of Ireland I find this Record Claus 2 E. 3. m. 17. Rex dilecto et fideli suo Johanni Darcy de Nevien Justiciario suo Hyberniae salutem Ex parte quorundam hominum de Hybernia Nobis exstitit supplicatum uâ— per statutum inde faciendum concedere volumus Quod omnes Hybernici qui voluerint legibus utantur Anglicanis ita quod necesse non habeant super hoc Cartas aliquas a Nobis imperrare Nos igitur certiorari volentes si sine aliquo praejudicio praemissis annuere valeamus vobis mandamus quod voluntatem Magnatum terrae illius not of the Commons in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia praesentari facias de eo quod inde inveneritis una cum vestro consilio advisamento Nos distincte aperte cum celeritate qua potestis certificetis hoc Breve nostruÌ„ Nobis remittentes c. upon which Petition the use of the English Laws was afterwards granted as appears by Clause 5 E. 3. part 1. m. 25. But I shall close up this Plea and Supplement with a few Presidents more pertinent to demonstrate the Lords undoubted Right of Judicature Council and Advice in publike affairs both in and out of Parliament In the Parliaments of 5 E. 2. n. 31.4 E. 3. c. 14.36 E. 3. c. 10.50 E. 3. n. 181.1 R. 2. n. 35.2 R. 2. n. 5. It was enacted that a Parliament
it was shewed to the said John Lord of Gomynes by the said Steward how the said LORDS had assembled and considered of his answer and THAT IT SEEMED TO THE LORDS sitting in full Parliament that without duresse or default of victuals or other necessaries for the defence of the Town Castle of Arde and without the Kings Command he had evilly delivered and surrendred them to the Kings Enemies by his own default against all appearance of right or reason contrary to his undertaking safely to keep the same Wherefore THE LORDS aforesaid here in full Parlia-ADJUDGE YOU TO DEATH And because you are a Gentleman and a Baronet and have served the Kings Grandfather in his wars and are no Liege man of our Lord the King you shall be beheaded without having OTHER JUDGEMENT And because that our Lord the King is not yet informed of the manner of this Judgement the execution thereof shall be put in respite until our Lord the King be informed thereof Loe here two express Judgements given in Parliament by the LORDS alone without King or Commons in case of Treason even against Commoners themselves And an express acknowledgement by the Commons of the Lords right to award Iudgement in these cases without the King or them than which a fuller and clearer proof cannot be desired In the Parliament of 2 R. 2. n. 34 35. Sir Robert Howard knight was committed prisoner to the Tower upon the complaint of the Lady Nevil by the Lords in Parliament for a forcible imprisonment of her daughter to which he was accessory that she might not prosecute a divorce in Court Christian In the 50 year of King Edward the 3. in the Parliament called the good Parliament Sir John Anneslee Knight accused Thomas Katrington Esquire of Treason for selling the Castle of St. Saviour in the Isle of Constantine to the French for an inestimable sum of money cum nec defensio sibi nec victualia defuissent whereupon he was taken and imprisoned but in King Edwards sickness enlarged by the Lord Latymers means as was reported In the Parliament held at London Anno 1380. the 3. of R n. 2. he was again accused by Sir John Anneslee and there resolved that being a Treason done beyond Sea not in England it ought to be tried by duel before the Constable or Marshal of the Realm Whereupon a day of battel was appointed in the Court at Westminster the 7. of June and lists set up On which day in the morning they fought the battel in the presence of the KING Nobles and Commons of the Realm which Walsingham at large describes till both of them were tyred and lay tumbling on the ground where the Esquire got upon the Knight as if he had conquered him Others said the Knight would rise again and vanquish the Esquire Interea Rex pacem clamari prâ—cepit et militem erigâ— The Knight refused to be lifted up as the Esquire was desiring he might be laid upon him again for he was well and would gain the victory if he were laid upon him again When he could not obtain his request being lifted up he went chearfully to the King without help when as the Esquire could neither stand nor go but as two held him up and thereupon was set in a chair to rest himself The Knight when he came before the King rogavis Eum et Proceres ut sibi illam concederunt gratiam ut itâ—rum in loco quo prius posset reponi et armiger super eum Rex vero et Proceres cum vidissent miliâ—em tam animose â—am vivide bellum repetere et insuper magnam summam auri offerre publice ut id posset effici decreverunt eum iterum reponendum armigerum super eum modo universaliter servato quo â—acuerant ante prostrati But the Esquire in the mean time in a swoun fell out of the chair as dead between the hands of those who stood by him Whereupon many running to him chafed him with wine and water but could not recover him till they pulled off his arms Quod factum et Militem victorem probavit Arm gerum esse victum After some space the Esquire reviving opened his eyes and began to lift up his head and to look terribly on every one that stood round about him which the knight being informed of went presently to him in his arms which he never put off and speaking to him et Proditorem et falsum appellans quaerit si iterum audeat Duellum repetere Ille verò nec sensum nec spiritum habente respondendi â—lamatum est pugnam finitam et ut quisque ad propria remearet The Squire was carried to his bed senceless and died the next morning Here we have a Duel ordered by Parliament and the King and Lords Iudges in it not the Commons for a Treason done beyond the Seas not triable here by Law In the Parliament of 4 R. 2. n. 17. to 26. Sir Ralph Ferrers being arested for suspition of Treason on the borders of Scotland was brought into the Parliament before the Lords to answer the same where divers Letters under his hand and Seal as was pretended were produced and read against him sent to the Lord Admiral of France and other French Officers informing them that he in the behalf of the French had made a League and alliance with the Scots and desiring them to make payment of the monies promised him and of his own fee and inviting the French to invade England c. with discoveries of the Kings designs against the French and answers to them Sir Ralph desired Counsel in this case which was denied him These Letters were found by a beggar besides London divers of his familiars were called into the Parliament house before the Lords and likewise the beggar and the whole matter strictly examined The Letters sent by Sir Ralph to the parties beyond Seas and certain Letters sent by them in answer to his were all sealed together and all of one hand and the Seal larger than the Seal of the said Sir Ralph whereupon they seemed to be forged by some of his Enemies for his overthrow himself being once or twice urged to answer Whether the Letters were his or no answered that he did not remember they were his own Letters and that he was ready to approve as the Lords should think fit having formerly offered combate with any that would justifie it from which he was put In conclusion the Lords thought him to be innocent whereupon he was delivered to 4. Earls and 2. Lords who became pledges body for body to answer when he should be called between that and the next Parliament and so he was inlarged The Letters and his Seal were delivered to Sir John Cavendish Chief Justice of England and the beggar being thought privy to this falshood was committed to prison by THE LORDS In the Parliament of 5 R. 2. n. 44 45. Richard Clindow Esquire exhibited a Bill to
Lords gave him remedy by a Writ out of the Chancery Claus 14. E. 2. m. 12. in the Schedula there is a Judgement in Parliament by King Lords and Council touching the Abby of Abingdon and a composition formerly made between the Abbot Prior and monks thereof reversed nulled because inconvenient Claus 14. E. 2. m. 17. dorso there is a case concerning a reprisal brought by appeal out of the Chancery into the Parliament before the King Lords and Council and there heard and decided And Claus 15. E. 2. there are many cases and Writs touching Reprises In the Parliament of 1. E. 3. there were many Judgements given in sundry civil cases upon petitions To the King and his Council by the King Lords and Council extant in the bundle of Petitions and Claus Rolls of that year and those things that were proper for the Courts of Law and Chancery were referred to them to be there ended Claus 1. E. 3. m. 1. Upon the petition of Alice Gill and Robert Carder to the King Council and Parliament that they buying Corne in Abevil in France to transport to London it was arrested by the Baily of St. Valeric to the value of one hundred pounds at the suit of Will de Countepy of Crotye in Picardy and delivered to him against their wills because the Ship of the said Will was taken upon the Sea by the men of Bayon which ship the petitioners finding in the port of London had arrested by writ out of the Chancery directed to the Sheriffes of London until the said hundred pounds was paid them by the Merchant the King and Council ordered upon their petition that the ship might not be discharged till the 100 l. was satisfied that a Writ should be directed out of the Chancery to the Sheriffes of London to do Justice upon the contents in the Petition according to the Law of Merchants The like case of Reprise upon the Petition of Hugh Samson is in 1. E. 3. rot 5. In Claus 1. E. 3. part 1. m. 10. There is a Judgement given by the Lords and Council for the Bishop of Durham touching the Liberties and Royalties of his Bishoprick against the Kings revocation where in sundry Petitions and answers in former Parliament under King Edward the 2d are rehearsed wherein hee could have no right Mem. 12. there is a Judgement given by the Lords and Council in Parliament for the Bishop of York his prisage and preemption of wines next after the King in the Port of Hull and in Claus 1. E. 3. Pâ— 2. m. 11. Claus 4. E. 3. m. 9. remembred in the year Book of 6. E. 3. f. 50. So Claus 2. E. 3. m. 20. in Schedula there is Placitum in Parliamento before the King and his Council of the Dean and Chapter of Litchfield touching their Title to Camock Claus 14. E. 3. part 1. m. 41. Upon the Petition of the Bishop of Carlisle it was resolved by the Lords and Council in that and sundry other Parliaments in the Reign of this King and his Father non esse â—uri consonum that Churches and other things spiritual annexed to Archbishopricks and Bishopricks should belong to the King and Gardians of the temporalties but to the Gardians of the spiritualties and so ordered accordingly yea so was it resolved upon the Petition of the Bishop of Winchester to the King and his Council in the Parliament of Claus 1. E. 3. rot 9. dorso Where coram Rege et Magno Concilio concessum est et concordatum quod custodâ—s temporalium Episcopatus non se intromittant amplius temporibus vacationum hujusmodi fructibus Ecclesiarum de Estanmer Hamoldan annexed to the Bishoprick of Winchester In the Parliament of 14. E. 3. Sir Geoffry Stantens case upon his Petition to the King and Lords in Parliament the Justices of the Common Pleas came with the record of his case which had long depended before them in the Court of Common Pleas which being read and debated in the presence of all the LORDS Justices and others of the Kings Council their assistants in this case of Law they resolved that the Sonne being a stranger might aver that his Father who levyed the fine had nothing in the Lands and that the Wife in this case could not vouch her Husband And thereupon a Writ under the great Seal was sent to the Judges by the Lords order to give judgement accordingly Claus 35. E. 3. m. 40. A villain commits fellony and is attainted after that the Lord had seised his goods whereupon his goods were prized and seised on for the King notwithstanding the Lords seisure upon a Petition in Parliament It was resolved by the Lords and Council that it was just the goods should be restored to the Lord if they were not seised fraudulently to prevent the Kings seisure of them And a Writ of Restitution was thereupon awarded per ipsum Regem et per Petitionem in Parliamento In the 6. year of King Richard the 2d it was agreed between the Duke of Lancaster and the Scots in the Marches that for the benefit of both parties ut â—de caterâ— ipsi nee Anglici vexarenâ—ur per tot labores expensas sed singulis annis certi utriusque gentis destinarentur ad Parliamentum Regni utriusque qui et injurias acceptas proferrent in medium emendas acciparent secundum quantitatem damuâ—rum per Judicium Dominorum here the Lords both in the Parliament of England and Scotland are made sole Judges of injuries and dammages done by Scots or English upon one another in the Marches Quia vero Scoti ad Parliamentum Londoniis Anno 1383. supersederunt venire juxta conductum insuper damna interim plura Borealibus praesumpserunt inferre c. decretum est per Parliamentum ut frangenti fidem fides frangatur eidem Et concessae sunt Borealibus commissiones congregandi virtutem exercitus Scotis resistendi damna pro damnis inferendi quoties contingeret Scotos irrumpere vel hostili mâ—re partes illas intrare In the Parliament of 4. H. 4. n. 9. Upon the complaint of Sir Thomas Pomeroy and his Lady against Sir Philip Courtney and others forcible entry into several Lands and Mannors in the Country of Devon The King and Lords adjudged that the said Sir Thomas should enter into the said Mannors and Lands if his entry were lawful or bring his Assize without all delayes at his election In the Parliament of 5. H. 4. n. 41 42 43 44. in a case concerning Mannors and certain Lands in the County of Cornwal between the Prince and John Cornwal and the Countesse of Huntington his wife the King and Lords gave Iudgement that the Prince should â—e restored to the said Mannors and Lands being parcels of the Dutchey of Cornwal and that the Prince after seisin had should regrant them unto them which was done accordingly in Parliament In 6 H. 4 n. 28. Upon the Petition of