Socii autem praedicti Cancellarii quos Rex associaver at illi in regimine regni accusâ—bant eum in multis dicentes quod ipse spretis illorum consiliis omnia negotia regni cum impetu voluntaria dispositione faciebat Archiepiscopus vero Rothomagensis Willielmus Marescallus Comes de Strogoil ostenderunt coram populo literas Domini Regis figillatas per quas Dominus Rex mandavit à Messana quod ipsi associarentur Cancellario in regimine regni ut et Cancellarius sine illorum consilâ—o aliorum assignatorum nihil de negoâ—io regis ac regni tractaret et ut praedictus Cancellarius si ipse quodâ—unque â—n detrimentum Regni vel sine consilâ—o praedictorum fecisset deponeretur et loco illius institueretur Rothomagensis Archiepiscopus Placuâ— ergo Johanni fratri Regis omnibus Episcopis et Comitibus et Baronibus Regni as Judges civibus Londoniarum which Matthew Paris and others mention not but only Hoveden and that as auditors spectators and approvers of their Sentence quod Cancellarius ille deponeretur et deposuerunt eum in loco illâ—us instituerunt Rothomagensem Archiepiscopum qui nihil operari voluit in regimine regni nisi per voluntatem â—t assensum Sociorum suorum assignatorum per Consilium Baronum Scaccarii Hugh de Nuvant Bishop of Coventry in his Epistle de Dejectione Eliensis Episcopi Regis Cancellarii writes of him that by reason of his intollerable Tyranny and Oppression Per totam insulam a Laicis publiâ—e proclamaâ—ur Pereat qui perdere cuncta festinat opprimatur ne omnes opprimat and then thus relates the manner and grounds of his deprivarion Mane ergo habito Concilio cum omnibus fere Magnatibus Regni praesente Domino Johanne fratre Regis Rothomagenâ—i Eboracensi Archiepiscopis Episcopis et prusentibus Dunelmensi Londinensi Wintonensi Bathoniensi Ronensi Noâ—wiceâ—si Lincoâ—niensi Herefordensi Menevensi Coventrensi factoque Consilio coram omni populo totius Civitâ—tis praesenâ—â—ustuâ—aâ—is Dâ—mini Regis apprebantibus Consilio universorum statuitur ne talis de caeâ—ero in Regno Anglâ—ae aâ—mineâ—ur per quâ—m Ecclesia Dei ad ignominiam populus ad inopram erat redactus ut enâ—m caetera omiâ—tam ipse et ganeones sui totum regnum exhauserant nec viro baliheus nec foeminae monile remansâ—t nec annulus nobili nec quodlibaet preciosum etiam alicui Judaeo The saurum quoque Regis exaninaverat prorsus ut in omnibus scriniis vel sacellis nihil praeter claves de toto illo biennio posset inveniri They likewise made him take a solemn Oath to deliver up all the Kings Castles to them and to give pledges to perform it and banished him the realm Deinde praedicti Justitiarii et omnes Episcopi et Comites Barones Angliae in communi scripto mandaverunt Regi qualiter Cancellarius suus regnum Angliae the sauros suos destruxerat ot qualiter ipse per Commune Concilium regni ejectus est To which Gulielmus Nubâ—igensis subjoyns Tyranno igitur qui regnum turbaverat propulsato EPISCOPI OPTIMATES cum JOHANNE Londoniis congregati de regni ordinatione tractare caeperunt Et primo quidem ab omnibus Regis Richardi propter Christum pereginantis fidelitate jurata regni administrationem Rothomagensi Archiepiscopo DECRETO COMMUNI tradiderunt amotisque Ministris tyrannicis provinciarum regimen melius ordinari voluerant Quibus actis Anglia in cunctis finibus suis pacem recepit decenri sub novis caepit recteribus moderamine gubernari malis plurimis quae sub tyranno pullulaverant atque viguerant pariter cum ipso eliminatis A happy Publike change and Parliamentary reformation worthy our imitation In the year of our Lord 1193. Earl John conspiring with the French King to deprive king Richard his brother of his Crown kingdom and Dominions seising many of his Castles beyond the Seas profering the Emperour great â—ums of money not to release him being then his prisoner and endeavouring to get possession of the Realm of England Anno 1194. Venit in Angliam Adam de Sincto Edmundo clericus et familiaris Comitis Johannis miâ—sus ab eo in Angliam cum literis ad castella sua munienda contra fratrem suum Who coming to the lodging of Hubert Archbishop of Canterbury and boasting much of the prosperity of his Lord and what Castles the French King had delivered to him as he sate at dinner to the great ofâ—ence of the Archbishop and others thereupon after dinner Adam returning to his lodging in London Major Londoniarum injecit manus in eum tenuit caeâ—it omnia brevia sua in quibus mandata Comitis Johannis continebantur tradidit ea Cantuariensi Archiepiscopo Qui in crastino convocatis coram eo Episcopis Comitibus et Baronibus Regni ostendit eâ—s â—eras Comiâ—is â—ohannis earum â—enorem statim per Commune Concilium Regni definitum est quod Comes Johannes diâ—eâ—â—retur de omnibus tenementis suis in Anglia ut Castella sua obsiderentur for this his Treason factum est ita Eodem die Hubertus Cantuariensis Archiepiscopus Hugo Lincolniensis Richardus Londoniensis Gilbertus Roffensis Godefridus Wintoniensis Wigorniensis Herefordensis Episcopi Henricus Exoniensis electus Abbates et Clerici multi Cantuariensis dioeceseos convenerunt in capella Monachorum infirmorum apud Westmonasterium et sententiam anathematis tulerunt iâ— Comitem Johannim et in omnes fautores ejus et consiliarios qui pacem et regnum Regis Angliae turbaverunt vel turbarent nisi relicta hostilitate ad satisfactionem venirent After which they appointed what persons should besiege and reduce Earl Johns Castles who vigorously executed their commands King Richard soon after being enlarged returning into England summoned a Great Parliamentary Council at Nottingham the proceedings whereof against Earl John and others are thus recorded by Roger de Hoveden Tricesima die mensis Martu â—eria quarta Richardus Rex Angliae celebravit primâ—m CONCILII SUI diem apud Nâ—tingham cui interfuerunt Alienor regina mater ejus et Hubertus Cantuariensis Archiepiscopus qui in dextris Regis sedebat in Concilio ilio et Gaufridus Eboracensis Archiepiscopus qui a sinistris ejus sedebat et Hugo Dunelmensis et Hugo Lincolniensis et Wâ—llielmus Eliensis regis Cancellarius et Willielmus Herefordensis Henrious Wigorniensis et Henricus Exoniensis et Johannes Candidae Casae Episcopi Et Comes David frater Regis Seotiae Hamelinus Comes de Warenna Ranulfus Comes Cestriae et Willielmus Comes de Ferreres Willielmus Comes de Salisberia Rogerus Bigot Eodem die Rex disseisivit Gyrardum de Canvilla de Castello Vicecomitatu Lincolniensi et Hugonem Bardulf de Vicecomitatu Eboracensis sciriae et de Castello Eboraci et de Scardeburâ— de
be both Judge and Party it behoveth of Right that the King should have COMPANIONS for to hear and determine IN PARLIAMENTS all Writs and Plaints of the Wrongs of the King of the Queen and of their Children and of those especially who otherwise could not have common right concerning their wrongs These Companions are now called Counts after the Latine word Comites For the good Estate of the Realm King Alfred assembled the COUNTS or Earls and ordained by a Perpetual Law that twice a year or oftner they should assemble at London in Parliament to consult of the Government of the people of God c. By which Estate or Parliament many Laws and Ordinances were made which be there recites Bracton l. 1. c. 8. l. 2. c. 16. l. 3. c. 9. in Henry the 3d. his reign and Fleta l. 2. c. 2. p. 66. write thus in Edw. the first his reign in the same words Habet enim Rex cuâ—iaÌ„ suam in concilio suo in Parliamentis suis PRAESENTIBUS Praelatis COMITIBUS BARONIBUS PROCERIBUS aliis viris peritis ubi terminatae sunt dubitationes judiciorum novis injuriis emersis nova constituuntur remedia And l. 17. c. 17. he writes thus Rex in populo regendo superiores habet Videlicet Legem per quam est Rex Curiam suam to wit of Parliament videlicet COMITES BARONES Comites enim à Comitia dicuntur qui cum viderint Regem sine froeno Froenum sibi apponere TENENTVR ne clament subditi Domine Jesu Christe in Chamo froeno maxillas eorum constringe Sir Tho. Smith in his Commonwealth of England l. 2. c. 1. John Vowel and Ralph Holinshed vol. 1. c. 6. p. 173. Mr. Cambden in his Britannia p. 177. John Minshaw in his Dictionary Cowel in his Interpreter Title Parliament Powel in his Attorneys Accademy and others unanimously conclude That the Parliament consisteth of the KING the LORDS SPiRITUAL and TEMPORAL and the Commons which STATES represent the body of all England which make but one Assembly or Court called the Parliament and is of all other the Highest and greatest Authority and hath the most high and absolute power of the Realm And that no Parliament is or can be holden without the King and Lords Mr. Crompton in his Jurisdiction of Courts affirms particularly of the High Court of Parliament f. 1. c. This Court is the highest Court of England in which the King himself sits in person and comes there at the beginning and end of the Parliament and at any other time when he pleaseth ordering the Parliament To this Court come all the Lords of Parliament as well Spiritual as temporal and are severally summoned by the Kings writ at a certain day and place assigned The Chancellor of England and other great Officers or Judges are there likewise present together with the Knights Citizens and Burgesses who all ought to be personally present or else to be amerced and otherwise punished if they come not being summoned unles good cause be shewed or in case they depart without the Houses or Kings special license after their appearance before the Sessions ended And he resolves That the King Lords and Commons doe all joyntly make up the Parliament and that no Law nor Act of Parliament can be made to bind the subject without all their concurrent assents Sir Edward Cook not only in his Epistle before his ninth Report and Institutes on Littleton p. 109 110. But likewise in his 4. Institutes published by Order of the Commons themselves this present Parliament c. 1. p. 1 2. c. writes thus of the high and Honourable Court of Parliament This Court consisteth OF THE KINGS MAJESTIE sitting there as in his royal politick capacity and of the three Estates of the Realm viz. Of the Lords Spiritual Archbishops and Bishops being in number 24. who sit there in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick capacity and every one of these when the Parliament is to be holden ought ex debito Justitiae to have a writ of summons The LORDS TEMPORAL Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by descent or creation And likewise EVERY ONE OF THESE being of full age OUGHT TO HAVE a writ of summons EX DEBITO JUSTITIAE The third Estate are the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs All which are respectively elected by the Shires or Counties Cities and Boroughs by force of the Kings writ ex debito Justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and are in number at this time 403. He adds And it is observed that when there is best appearance there is the best successe in Parliament At the Parliament holden in the 7. year of H. 5. holden before the Duke of Bedford Guardian of England of the Lords Spiritual and Temporal there appeared but 30. in all at which Parliament there was but one Act of Parliament passed and that of no great weight In An. 50 E. 3. all the Lords appeared in person and not one by Proxy at which Parliament as appeareth by the Parliament Roll so many excellent things were sped and done that it was called Bonum Parliamentum And the King and these three estates are the great Corporation or body of the kingdom and doe sit in two Houses and of this Court of Parliament the King is Caput Principium Finis The Parl. cannot begin but by the Royal presence of the King either in person or representation by a Gardian of England or Commissioners both of them appointed under the great Seal of England c. And 42 E. 3. Rot. Parl. num 7. It is declared by the Lords and Commons in full Parliament upon demand made of them on the behalf of the King That they could not assent to any thing in Parliament that tended to the disinherison of the King and his Crown whereunto they were sworn And p. 35. he hath this special observation That it is observed by antient Parliament men out of Records that Parliaments have not succeeded well in five cases First when the King hath been in difference with his Lords with his Commons Secondly When any of the great Lords were at variance between themselves Thirdly When there was no good correspondence between the Lords and Commons Fourthly When there was no unity between the Commons themselves in all which our present Parliament is now most unhappy and so like to miscarry and succeed very ill Fifthly When there was no preparation for the Parliament before it began every of which he manifests by particular instances From all these and sundry other Authorities it is most evident and transparent That both the King himself and Lords ought of
ad ipsum Regem confirmationem omnium istorum sub sigillo suo tanquam ab eo qui 〈…〉 â—tus erat cedendum malitiae temporis censuit obtinuerunt Pro eonfirmatione et harum rerum omnium dedit populus Anglicanus Regi denarium nonum bonorum suorum Clerus vero Cantuariensis Decimum et Clerus Eboracensis Quintum qui propiordamno fuit So Walsingham truly relates the History of this transaction These Statutes thus obtained by the Earls and Barons from the King are printed in our Statutes at large with the excommunication of the Prelates then denounced against the infringers of them in Rastals Abridgement of Statutes Sir Edward Cooks 2 Institut p. 527. to 537. being thus intituled Confirmationes Chartarum de Libertatibus Angliae et Forestae et Statutum de Tallagio non concedondo made both in the 25 year of Edward 1. not in the 34 as our Statute books and Sir Edward Cook misdate the latter of rhem The differences between the King these Earls and Nobles touching these liberties with his confirmation of them and the aid granted him for the same are likewise recorded in the Patent Roll of 25 Ed. 2. par 2. m. 6 7 9. And Claus 25 E. 1. m. 2.5.14.18.76 dors there are sundry Writs and Proclamations sent to all the Sherifs for the keeping of Magna Charta in all its articies and to the Bishops to excommunicate the Infringers of them agreeing with Walsinghams relation Anno 1299. the 26 of King Edward the first the king holding a Parliament at York the foresaid Earls because the Confirmation of the Charters forementioned was made in a forein land requested that for their greater security they might be again confirmed by the King in England which the Bishop of Durham and three Earls engaged he should doe upon his return out of Scotland with victory Whereupon this King the next year being the 27 of his reign holding a Parâ—iament at London Ubi rogatus a Comitibus saepe dictis ut Chartarum confirmationem renovaret secundum quod in Scotia promiserat post aliquas dilationes instantiae eorum acquievit hac additione Salvo jure Coronae nostrae infine adjecta Quam cum audissent Comites cum displicentia ad propria recesserunt sed revocatis ipsis ad quindenam Paschae ad votum eorum absolute omnia sunt Concessa And thereupon the Statutes intituled Articuli super Chartas 28 E. 1. in our printed Statutes and Cooks 2 Institutes whereas it should rather be 27. were then made and published by these Earls and Nobles procurement and Writs sent to all the Sherifs De quibusdam Articulis in MAGNA CHARTA contentis Chartae de Foresta Henrici Patris nostrae observandis Rot. Claus 27. E. 1 m. 17. And Pat. 28 E. 1. m. 14. Commissions are sent into all Counties de Artic. in mag Chart. content Stat. Regis apud Winton edita observandis and that whosoever did not observe every Article should be punished per imprisonamentum redemptionem vel amerciamentum secundum quod transgressio exigeret there being no certain way of punishment before ordained And Claus 28 E. m. 7 8. There are Writs sent to every Sherif to read proclaim magna Charta in his County 4 times every year to proclaim Articulos super Chartas à Rege populo concessos But the Execution of the Articles of the Forest being deferred notwithstanding these Proclamations thereupon King Edward held a Parliament at Stanford the 29 year of his reign ad quod convenerunt Comites et Barones cum eqnis et armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum Rex autem eorum instamiam importunitatem attendens eorum voluntati in omnibus condescendit To omit all other Presidens these forecited abundantly evidence the gallantry stoutness heroical courage care vigilancy of the Lords in all our Parliamentary Councils to maintain and defend the fundamental Liberties Properties Great Charters of the Realm and to perpetuate them to posterity without the least violation to vindicate re-establish them when infringed and to withstand oppose all unjust aids taxes subsidies when either demanded levied exacted by our Kings though in cases of pretented or real necessity to supply their wants maintain their wars and protect the Realm from forein enemies I shall only produce three of four Historical Presidents more demonstrating what great Curbs Remoraes Obstacles some particular potent Noblemen of great estates alliance publike spirits have been to the exorbitant arbitrary wills power proceedings of our Kings who most endeavoured openly to subvert or cunningly to undermine our publike Laws and Liberties Mat. Paris speaking of the death of Geoffry Fitz-Peeter one of the greatest Peers of that age writes thus of him This year Anno 1218. Geoffry Fitz-Peeter Chief Justice of all England a man of great power and authority TO THE GREATEST DETRIMENT OF THE KINGDOM ended his dayes the 2. day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA for he was the most firm pillar of the Kingdom as being a Nobleman expert in the Laws furnished with treasures rents and all sort of goods and confederated to all the great men of England by blood or friendship whence the King without love did fear him above all men for he governed the reigns of the Kingdom Whereupon after his death England was become like a ship in a storm without an helm The beginning of which tempest was the death of Hubert Archbishop of Canterbury a magnificent and faithfull man neither could England breath again after the death of these two When K. John heard of Fitz-Peeters death turning to those who sate about him He said By Gods feet now am I first King and Lord of England He had therefore from thenceforth more free power to break his Oaths and Covenants which he had made with the said Geoffry for the peoples Liberty and Kingdoms peace Such Pillars and Staies are great and stout Peers to a Kingdom and Curbs to tyrannical Kings which caused Vortigern the British Kingâ— who usurped the Crown with the treacherous murder of his Soveraign Nobiles deprimere et moribus et sanguine ignobiles extollere quod maximè regiae honestati contrarium est to secure his throne thereby against their predominant power as other Usurpers and Tyrants since have done Therfore of meer Right they ought to have a place and voice in Parliaments for the very Kingdoms safety and welfare without the peoples election William Duke of Normandy having slain the Usurper King Harold with many thousands of Englishmen in the field routed his whole Army and caused the City of London and most parts of England to subject themselves unto him as their Soveraign out of base fear thereupon Stigand Archbishop of Canterbury and Eglesine Abbot of St. Augustine chief Peers of the Realm and Lords and Governors of Kent to preserve themselves their Country Laws and
banish Peter Gâ—verston which he refusing to doe they pursued him with their arms cut off his head slighted the Popes Letters and Nuncios regulated his Extortions and enforced the King to confirm the Ordinances they made for the redress of all grievances both in Church and State with the Great Charter Laws and Liberties of the Church and people in whose defence and quarrel this Earl afterwards lost his life To these I could annex many other such like Letters resolutions oppositions of our Earls Lords Barons in Parliament against the Popes Usurpations Encroachments upon the Crowns Royalties of our Kings and Liberties Laws Customs of our Kingdom as 21 E. 3. rot Parl. n. 63.40 E. 3. rot Parl. n. 8. Cooks 4 Institutes p. 13 14.50 E. 3. rot Parl. n. 85. to 108. 27 E. 3. c. 1. 38 E. 3. c. 4. 16 R. 2. c. 5. wherein every one of the Lords temporal in Parliament answered and averred by himself severally and joyntly with the rest That neither King John nor any other could put himself or his Realm or people into subjection or Tribute unto the Pope without their common assents That the submission he made to the Pope was without their assents and against his Oath at his Coronation That if the Pope by process or otherwise would attempt to enforce the King or his Subjects to render him the Services and annual Tribute for England and Ireland granted him by King John they would resist and oppose him with all their power And moreover That they will stand with the Kings Crown and Royalty in all cases of the Popes usurpations clearly in derogation of the Kings Crown in all other cases which shall be attempted against the said Crown and Royalty in all points with all their power whose Gallantry loyalty stoutness have been the chief means under God to enfranchise our Kings kingdoms Church from the manifold Antichristian Tyrannies Usurpations Oppressions Taxes Vassallages Slavery of domineering Popes in all ages as the premises with other instances sufficiently evidence And upon this ground it was by reason of the Popes incessant Usurpations in former times upon the Royalties Rights Liberties both of the Crown Realm and Church of England that the Nobles in our Parliaments were in the very Writs of Summons ever called thereunto to consult and treat with the King Prelats Lords and Great men of the Realm of certain weighty and arduous affairs concerning the State and Defence of the Realm ET ECCLESIAE ANGLICANAE and the Church of England the Defence of the Church as well as Realm against the Popes incroachments being one chief business of our Lords and Greatmen in our Parliaments which now it seems is no part of our New-modelled Parliaments as some stile them there beieg neither DEI GRATIA nor Statum defensionem ECCLESIAE ANGLICANAE to be found in any of their New Writs that I have seen which had been an impious insufferable omission in all former ages This Clause engaging our Peers so stoutly to resist the Pope as the premises demonstrate which good service of theirs hoth in common Justice reason equity merited a Place and Vote for them and their Posterities in all our English Parliaments without any popular election Before I proceed to the next reason of our Lords sitting in Parliament I shall earnestly importune yea adjure all the antient Earls Barons Nobles and Great men of our Realm with all who have lately been or pretend to be any Knights Citizens Burgesses of real or pretended Parliaments our late and present swaying Grandees and all Lawyers Gentlemen Freemen of our English Nation seriously to review and cordially to ponder all the forecited memorable presidents of their Noble Gallant publike spirited Ancestors here recited and bundled up together for their information reformation and undelayed imitation in this and the precedent reason both in procuring regaining reestablishing the Great Charters of our fundamental Liberties Rights Properties Freedom with solemn New publications Excommunications Execrations Oaths Confederacies Penalties Laws Edicts for their own and their Posterities benefit In denying opposing resisting all unreasonable or illegal Aids Subsidies Tenths demanded intreated of or exacted from them by our Kings upon real or pretended Necessities Wants Wars or defence by Sea and Land their bold frequent unanimous magnanimous reprehensions of our Kings and their evil Counsellors to their faces for their Exorbitances Misgovernment Exactions Oppressions Violations of their Great Charter Laws Liberties Privileges Oaths Promises and unnecessary Warrs or Expences without their publike Counsel or advice in their resolute inflexible unanimous resolutions oppositions both in and out of Parliaments against all illegal Papal Encroachments Usurpations Exactions on the Rights Privileges of the Crown Kingdom Church Parliament Clergy People upon every fresh occasion and in their vigilant indefatigable zeal earnest care diligence with the hazard of their Limbs Lives Liberties Estates and effusion of their bloud for the publike Liberty Freedom Ease weal good Government of the Nation according to those wholsom Charters Laws and Ordinances which they procured for that end with much industry strife and opposition in many successive Parliaments And then let them all with confusion of face consternation of spirit and grief of heart seriously consider how stupendiously monstrously and incredibly they have all for near ten years last past most desperately apostatized degenerated both from the Heroick Noble Gallant Memorable Presidents Practices Courage Zeal of these their Renowned Ancestors in every of these particulars and from their own Praiseworthy Actions Remonstrances Councils Parliamentary and Military proceedings of like Nature under our two last Kings out of unworthy un-English unchristian Cowardize Fear Self-love Sluggishness Sottishness Supineness after all their late solemn publike Protestations Remonstrances Declarations Vows Oaths Leagues Covenants near ten years bloudy intestine Wars the overprodigal expence of many Millions of Treasure and whole Oceans of precious Christian Protestant English bloud for the real or at least pretended Defence alone and maintaining secuting those antient undoubted Fundamental Great Charters Laws Liberties Properties Privileges and Rights of Parliament exempting us from all future arbitrary tyrannical illegal Exactions Taxes Excises Imposts Imprisonments restraints exiles and executions which they have now all most ignobly submitted to without the least manly publike or private Opposition contradiction or care activity to break off those iron yoaks of bondage and intollerable perpetual burdens which some Impudent Intruders and new Aegyptian Tax-masters have most illegally imposed on them as if they were all resolved to renounce all their former Great Charters Laws Liberties Privileges and Rights of English Nobles Parliamentmen Freemen and to becom the basest bondslaves under heaven So that if these our Nobles Ancestors should now rise from the dead they might justly stand amazed at this their ignoble slavish cowardize and universal degeneracy yea disclaim them as spurious and none of their heroick English progeny and they all may justly demand this Question from themselves
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
kingdom being ad omne scelus paratus Anno Dom. 1102. There was a GENERAL Council held in the Church of St. Peters in Westminster on the Westside of London Communi assensu Episcoporum et Abbatum et Principum totius regni huic conventui affuerunt Anselmo Archiepiscopo petente a Rege PRIMATES REGNI quatenus quicquid ejusdem Concilii auctoritate dâ—cerneretur VTRIUSQUE ORDINIS concordi cura sollicitudine tatum servaretur sic enim necesse erat Iâ— this Council the Sin of Symony was first of all condemned by the authority of the holy Fathers and Wido Abbot of Pescore Wimundus of Tavestock and Baldwin of Ramsy Godric of Burgh Haymo of Cernel Egelric of Midleton being therein convicted of Simony were removed and deposed for it by this Council and Richard Abbot of Ely Robert of St Edmonds and the Abbot of Miscelen deposed for other particular crimes and offenceâ— Aâ—oâ— which the King being much incensed against Anselm and other Bishops for refusing to consecrate those Bishops whom the King invested with a staff and ring the King and Anselm having a hot contest about it at Canterbury Ne ipse perdendo suorum jura Anâ—ecessorum ipsis vilior esset Anselm requested the King â— deferr â—he business till Easter ut audâ—to Episcoporum Regniâ—ue Primatum Concilio qui modo non assunt respondeâ—m hiâ— which the â—ing consenting to at Easter communis Concilit vocem unam accepit that he should goe to Rome to the Pope to procure a repeal of the Canon made against investiâ—ures and that as the Kings Embassador Regis preces Regnique negotia Apostolicis auribus expositurus Anselm undertaking the journey to Rome like an Arch-Traytor so incensed the Pope against investitures and the King That William Warenast the kings Embassador telling him Hâ— knâ—w the King would rather lose his Crown than this Privilege of Investitures The Pope thereto replyed Yea let him lose his head also if he will whilst I live he shall never appoint any Bishop in his Realm but I will resist hâ—m what I may The King hereupon by the advise of his Nobles prohibited Anselm to return into England and seised all his Temporalties and â—oods moveable and unmoveable into his hands keeping him in exile for 9 years space after which he was conditionally restored at the mediation of the Kings Sister Adela Anno 1106. Robert Duke of Normandy was first adjudged to a shamefull cruel death and after that to have his eyes pulled out and he kept perpetual Prisoner and Earl Morton with others adjudged to perpetual prison BY THE PEERS for taking up arms against King Henry the 1. King Stephen having against his own the Bishops and Nobles Oaths to King Henry and Maude usurped the Crown Anno 1199. There were divers rumours spread abroad that Robert Earl of Normandy and Mawde would invade England and that Roger Bishop of Salisbury and Alexander his Nephew Bishop of Lincoln who were very powerfull wealthy and had built fortified and furnished divers strong and stately Castles would upon the Empress landing surrender them to her and revolt from Stephen to her party Paternorum scilicet beneficiorum memoria inducti being both advanced and inriched by her father Whereupon the Nobles oft times wished Stephen to compell them speedily to resign their Castles to him least he repented too late for not doing it when they were in the Enemies power Thereupon the King on the 8 of July apud Oxenford FACTO CONVENTU MAGNATUM summoned both these Bishops to this Parliamentary Assembly to which Bishop Roger was very unwilling to come having a great reluctancy in his mind against it whereupon he excused his coming by reason of his age and infirmity but that would not be admitted come he must and did When these Bishops came to Oxford there fell out a sudden quarrel between the servants of the Bishops and the servants of Alan Earl of Britain as they sate together at the Table the Bishops men quarrelling with the Earls and falling first a fighting with one another with their fists and at last with their swords a sore fray was made divers being wounded on either side and one slain the Earls servants being put to slight by the Bishops The K. taking this occasion Conveniri jussit Episcopis ut Curiae suae satisfacerent de hoc quod homines eorum pacem ipsius exturbassent Modus fatisfactionis foret ut claves castellorum suorum quasi fidei vadis traderent The Bishops said they were ready to give the King satisfaction but delaying the surrendring of their Castles he commanded them to be more strictly watched lest they should depart and the king carrying the Bishop of Salisbury with him besieged his Castles till they were surrendred to him by composition This act of the king was variously interpreted and very iâ—l resented by all the Bishops who thereupon revolted from him first in their affections and then by their actions to Mande when she arived and elected declared her right heir to the Crown Henry Bishop of Winchester the Popes Legat though King Stephens own Brother publikely to the Kings face as well as privately affirmed Si Episâ—opi tramitem Justitiae in aliquo transgrederentur non esse Regis sed Canonum judicium sine publico et Ecclesiastico Concilio illos nulla possessione privare debuisse Regem id non ex rectitudinis zelo sed commodi sui compendio fecisse qui Castella non Ecclesiis ex quarum sumptibus et in quarum terris constructa erat reddiderâ—t sed Laicis eisdemque parum religiosis contradiderit c. Quapropter vigorem Canonum experiendum ratus CONCILIIO quod quarto Calend Septembris celebraturus erat Wintoniae fratrem Stephanum incunctanter adesse praecepit Dicto die omnes fere Episcopi Angliae cum Theobaldo ARCHIEPISCOPO Cantuariensis venerunt Wintoniam In which Councâ—l the Bp. of Winchester first reading his Legats Commission in England granted him by the Pope and then relating the great indignity done by King Stephen to those Bishops by imprisoning their persons and seising their Castles against the Canons demanded the Archbishops and Bishops advice what to do therein concluding Se ad executionem Concilii nec pro Regis amicitia qui sibi frater erat nec pro damno possessionum nec etiam pro capitis periculo defuturum Rex causae suae non diffâ—sus Comites in Concilium misit quaerens cur vocatus esset Responsum est à Legato in compendio Non debere illum qui se Christi fidei subjectum meminisset indignari si à ministris Christi ad satisfactioneÌ„ vocatus esset tanti reatus conscius quantum nostra secula nunquam vidissent c. Consulte vero in praesentiarum Rex faceret si rationem facti sui redderet vel Canonicum judicium subiret Ex debito etiam oportere ut Ecclesiae faveret cujus sinu exceptus non manu militum in regnum promotus fuisset
trenches and those within prepared to defend their walls and Bulwarks Then the Archbishop and all the Bishops with burning Papers smote Falcatius himself and all within the Castle with the sword of Excommunication The King commanded all warlike engines to be brought and gave many assaults to the Castle to win it by force since they refused to render it many were slain and wounded on both sides At last after many weeks siege the Kings soldiers entring the Castle by force those within it being unable to hold out any longer rendred themselves to the Kings mercy who putting them in close custody and chains commanded 24 of the Knights and Souldiers who stouted it most against him even when the siege was ended QVI OMNES SVSPENDIO ADJUDICATI SVNT to be hanged that day Matthew Westminster writes there were near one hundred of them hanged up Henry Braibroc being then restored to the King safe and sound rendred him many thanks In the mean time the King sent an armed Troop to seek out and apprehend Falcatius and bring him prisoner to him who having notice thereof fled into Wales for shelter The K. thereupon swore that if he took the Castle by force he would hang up all who were within it And withall seised upon all Falcatius his Manors Lands Corn goods and chattels throughout England as confiscated At last Falcatius hearing that the Castle was taken and his Brother and souldiers hanged came to the King to Bedford under the conâ—uct of Alexander Bishop of Coventry and there casting himself at the Kings feet humbly implored his mercy in respect of the many great and costly services he had done in his father and himself in time of warr Tum Rex per Consilium of his Nobles and Barons tradidit illum Casteliis Terris et rebus omnibus spoliatum sub custodia Euâ—châ— Londoni 〈◊〉 Eâ—iscopi donec quid de illo ageret esset sententialiter deâ—nitum Et sic quasi in momento idim Falcatius de duissimo pauperimus effectus multis et maxime nocentibus poterit fieri in exemplum Regi autem pro maximis laboribus et expensis in the siege of this Castle tam à Clericis quam à â—nicis concessum est per totam Angliam Carucagium de qualibet caruca duo solidi argenti MAGNATIBUS item concessit Rex scutagium scilicet de scuto quolibet duas marcas sterlingorum et sic omnes ad propria recesserunt Castellum quoque illud fecit Rex complanari et redigi in acervos A most memorable example of regal and Parliamentary Justice upon insolent contemners of Law Justice and Justices the whole Parliament turning Souldiers and continuing together at the Siege of this Castle above two Months space till they had taken the Castle and Malefactors by force and done execution on both And an eminent president of the Ks. Lords Jurisdiction in causes both of Commoners and Souldiers as well as Peers and Nobles Henry de Bathonia a learned Knight most skilfull in the Laws of the Realm one of the Kings Justices and special Counsellors in the year 1251 the 35 of Henry the 3. was most grievously defamed and accused of bribery and corruption in the Office of his Justiceship wherein he feared not treacherously to empty other mens purses to fill his own growing thereby in a short time extraordinary rich in Rents Monies Gold and Silver being instigated thereunto by his wife whereby adeo turpibus per fas et nefas emolumentis inhiabat ut in una sola itinaratione Justiciaria dicebatur plusquam ducentas libratas terrae sibi appropriare Whereupon appellatus est de infidelitate et proditione by Philip de Arci Knight coram Rege et Curia Regis And attached for to answer it John Mansell the Kings Chief Justice profered to bayl him and to be his Manucaptor ut staret Justitiae but he could not be heard the King being so incensed that he answered he would take no Clergy-man for his bayl in such a case reputing it to be HIGH TREASON at last by the Bishop of Londons others mediation intercession he was bayled by 24 Knights and delivered to their custody pro ipso Hen. responsionem justificationem rite et judicialiter statuto termino facturum After which by gifts and large promises he earnestly sollicited his friends to intercede for him with the King â—nd procure his pardon or else if they could not effect it to stand constantly for him in the day of peril armis si necesse sicut et equis communiti which they by unanimous consent promised to doe The King being privily informed thereof majori iracundia accensus omnia munera et verba reconciliationis praecise refutabat jurans quod per medium judicii districti necessario fuerat transiturus Upon this he by intreaties and gifts procured Earl Richard to mediate to the King for him adjungens sub tremendi judicii attestatione quod si Dominus Rex mortem suam imo etiam exhaeredationem procuraret totum regnum in ipsum Regem insurgeret tota perturbaretur quod si fieret cum sub sint aliae causae maxime alienigenarum injustae dominationes Anglorum oppressiones non sedaretur schisma ventilatum The Earl hereupon most effectually interceded for him and the peace of the Realm but could not mitigate the Kings wrath and indignation In March there was a great Parliament held at London where Henry was appointed to appear and answer who came thither guarded with a great multitude of Souldiers of his Wives and his own kinred and friends Whereupon the King being highly incensed he was on every side grievously assaulted and accused by his adversaries and by the King more heavily than the rest imponens eidem inter caetera quod totum regnum perturbavit et Barnagium universum contra ipsum Regem exasperavit unde seditio generalis imminebat Fecit igitur acclamari voce praeconia Londini et in curia ut si quis aliquid habere actionis vel querelae adversus Henricam de Bathonia veniret ad curiam ante Regis praesentiam ubi plene exaudiretur Insurrexerunt igitur multi queruli contra eum ita quod unus etiam sociorum suorum scilicet Justitiarius palam protestaretur quod unum facinerosum convictum incarceratum abirâ— permisit impunitum sine judicio opimis respectus muneribus quod factum est in Regis praejudicium Justitiariorum comitum suorum periculum et discrimen Rex igitur magis inde provocatus ascendit superius exclamavitque dicens Si quis Henricum de Bathonia acciderit quietus sit a morte ejus quietum eum protestor sic propere recessit Rex Et fuerunt ibi multi qui in ipsum Henricum hostiliter irruissent nisi Domini Johannis Mansel prudentia eorum impetum temperans refranasset Dixit enim Domini mei et amici non est necesse quod in iuâ—a praprepere dicitur prosequamur Poenitebit forte
dominum nostrum jam elapso irae tempore haec innotuisse Praeterea si aliquid â—iolentiae ipsi Henrico intuleritis ecce Episcopus Londinonsis qui spiritualem et alii amici ejus militares qui vindictam exercebunt materialem et sic in magna parte cessavit Extunc igitur procurante efficaciter Comite Richardo et Episcopâ— memorato mitius actum est cum eo Dictum enim est domino Regi secretius quod mirum est quod aliquis ei curat servire cum eis post ministerium etiam mortem nititur inferre Promissa igitur quadam pecuniae summa a mortis discrimine recessit liberatus After which he paying to the King 2000 marks for a fine and being reconciled to the King ad Curiam est reversus immemor laqueorum quos evaserat Here we have 1. A corrupt Judge accused of bribery by others and by the King of rebellion and sedition and that before the Lords in Parliament 2ly A Proclamation for all that were grieved to complain against him 3ly A rash unjust sentence given against him by the King himself for any man that would to kill him with impunity 4ly the Lords opposition and contradiction of this sentence and its execution as unjust and dangerous 5ly A remission of his sentence by the Lords mediation and a fine imposed and paid to the King for his offences In the 49 year of King Henry the 3. at the Parliament held at Winchester divers Commoners as well as Lords were attainted and condemned of High Treason for levying war against the King their persons imprisoned their lands and goods confiscated and the liberties of the City of London forfeited by judgement of the Lords Anno â—290 King Edward the 1. held a Parliament at London at which time Rex auditis multorum queremoniâ—â— fere Justiciarios omnes de falsitate deprehensos a suo Officio deposuit puniens eos juxta demerita grâ—vi mâ—a by the advice of his Lords in Parliament It appears by the Clause Roll of 5 E. 2. m. 22. dorso and Rot. Finium 5 E. 2. m. 11. in Schedula that in a Parliament held at Stamford 3 E. 2. the Commons of England exhibited sundry Articles of complaint to the King Amongst others that they were not used as they ought to be by THE GREAT CHARTER in taking Prises and Purveyances without mony c. That the King by his Ministers took ijs of every Tun of wine and ijs a cloth from Merchants aliens and 3 d. pur aver de poys to the damage of his people and hinderance of trade which new Impositions being against Law the King promised to redress for the future and to content himself with the Prises and Customs antiently due They likewise complained of the abuses oppressions and extravagances of Purveyors Constables of Castles and Escheators and abuses of Protections and Pardons granted by the King to Murderers and other Malefactors to their incouragement whereto redress was promised In their 6. Article they complained That the Knights Citizens and Burgesses of Parliament came up with divers Petitions for matters not remediable at the Common Law and could not finde to whom to deliver them Whereunto was answered The King willed that in his Parliaments for time to come certain persons should be appointed to receive Petitions and that they should be delivered TO HIS COUNCIL as was used in the time of his Father and examined and answered by him with their advice Whence we find in all our Parliament Rolls ever since in the beginning of every Parliament certain persons nominated by the King and Lords being Members or Assistants of the Lords house to receive the several Petitions of England Ireland Scotland Gascoigne Iersey Gernsey Alderney and other Isles and other persons of the LORDS House appointed to trie examin and answer them in the Kings name and behalf as he by their advice shall think meet and sundry Petitions of Grievances of all kinds presented to them and answered accordingly by the King and Lords in every Parliament as well by the whole house of Commons as by particular Counties Cities Corporations and private Persons a most clear Evidence that the King and Lords are the sole Judges of all criminal and civil causes and Grievances of the Commons in Parliament since they thus constantly petition them for redress and that the Commoners are only Petitioners not Judges as the Parliament roll of 1 H. 4. n. 79. resolves in direct terms Claus 8 E. 2. m. 7. dors The Chaplains of the House of Converts exhibited a Petition in Parliament against Adam de Osgodby the Keeper thereof for putting them out of their lodgings and placing his Clerks therein they being founded by King H. 3. to pray and sing Masses for his and his ancestors Souls and not to lodge the Clerks of the Chancery Upon consideration of the Petition by the Lords and Councel in Parliament it was referred to the Chancellor to examin and determine tanquam principali Custodi omnium Hospitalium et Domorum de eleemosyna Domini Regis fundatorum ut ipfe inde faceret quod de jure esset faciendum He sends a Commission to the House to inquire the truth of the complaint and finds the Complaint unjust and that the Keeper of the House was falsly charged and that especially by William de Okelines being one of the Chaplins Whereupon consideratum est per Cancellarium quod Willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro falsâ— querela sua castigandus juxta discretionem dicti custodis Pasch 8 E. 2. Norfolk The Archdeacon of Norfolk was accused for citing the Countess of Warren being the Kings Neece and divorced from her husband to the damage of the King 2000 l. and it was adjudged by the Lords in Parliament against the Archdeacon quod nec citatio nec summonitio fieri debet versus eot qui sunt de sanguine Regis quia illis Major reverentia debita est and therefore he was fined About the year 1316. when the Northumberland Soldiers like some in this age raised against the Scots de tyronâ—bus facti sunt Tyranni de defensoribus destructores de propugnatoribus proditores c. one John Tanner said openly that he was heir of England Therefore at Northampton before the King and Lords he was proved false and hanged and drawn See more of him in Fabians Chronicle part 7. Anno 1314. p. 169. who relates that he reported he was son to King Edward the 1. but was stoln out of his cradle by a false nurse and Edward who was anothers son laid in the cradle for him and that he had a Fiend in form of a Câ—t whom he served 3. years which assured him he should be King of England In the Parliament of 18. E. 1. the Prior of Trinity in London and Bago de Clare were attached brought into the Parliament there
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
special Clause inserted into the Writs of Summons Nolumus autem quod tu seu aliquis alius Vicecomes regni nostri aut Apprentius aut aliquis alius homo ad Legem aliqualiter sit electus as appears by the Exem â—caâ—ron thereof in the Claus Roll of 5 H. 4. pars 2. m. 4 dorso in the Tower which I have viewed with mine own eyes by sundry transcripts thereof in Manuscripts and by this testimony of Thomas Walsingham who lived in writ the History of that time Direxit ergo Rex Brevia Vicecomit bus ne quosquam pro Comitatibus eligerent quovismodo milites qui in jure Regni vel docti fuissent vel Apprenticii sed tales omnino miâ—teren ur ad hoc nâ—gotium quoâ— constat ignorare cujusque juris methodum factumque est ita Whence he stiles it in his Margin PARLIAMENTUM INDOCTORUM No Lawyer being elected by reason of this Clause grounded on the forecited Ordinance Sir Edward Cook who is not only full of mistakes and mis-recitals of Records but most confident in them citing this passage of Walsingham thus bodly contradicts him But the Historian is deceived for there is no such Clause in these Writs but it was wrought by the Kings Letters by pretext of an Ordinance in the Lords House in 46 E. 3. when as the Writ it self in the Clause Roll concurring which Walsingham ascertains me that Sir Edward himself was deceived not the Historian by whom or upon what mis-information I know not And that he was so in truth we have his own expresse confession and testimony against himself within few leaves after At the Parliament holden at Coventry Anno 6 H. 4. the Parliament was summoned BY WRIT and by coâ—ler of the said Ordinance of Parliament in the Lords House in 46 E. 3. it was forbidden that no Lawyer should be chosen Knight Citizen or Burgess by reason whereof this Parliament was fruitless and never a good Law made thereat and therefore called Indoctum Parliamentum or Lack-latin Parliament And seeing these Writs were against Law ergo this Clause against Lawyers elections was in the Writs themselves Lawyers ever since for the great and good service of the Commonwealth have been eligible And then contradicting himself again in the very next lines he addes And albeit the prohibiting clause had been inserted in the Writ implying it was not yet bâ—iâ—g against Law Lawyers were of right eligible and might have been elected Knights Citizens or Burgesses in that Parliament of 6 H. 4. His reason is because Lawyers being eligible of Common right cannot be disabled by the said Ordinance of Parliament in the Lords House being no Act though Acts and Ordinances of Parl. are both the same in substance vigor as I have elsewhere proved at large against his New false Doctrine to the contrary Wherefore this Ordinance is still obligatory to practising Lawyers whiles they practise as well as to Sherifs whiles they are Sherifs unlesse they give over their practice sitting the Parl. to attend the service of the House which their practice makes them to neglect Clause 8 E. 2. m. 31. The chief Justice and other Officers of Ireland and R. de Burgo Earl of Vlton are sent for by Writ to come to the Parliament of England ad tractanduâ— cum Praelatis et Proceribus de regno nostro praedicto Claus 50 E. 3. part â— m. 23. Pro Hibernis de Hibernia venientibus ad Parliamentum Angilae there is a Writ directed to the Justices and Chancellor of Ireland Quod de Communitate Comitatuum Burgorum terrae praedictae faciatis habere per Breve de magno sigillo nostro hominibus ejusdem terrae nostrae praedictae regnum nostrum Angliae penes Concilium nostrum pro Communitate Comitatuum Burgorum ultimo venientibus videlicet euilibet eorum de Communitate Comitatus pro quo electus fuiâ— sive Civitatis sive Burgi rationabiles expensas suas c. Teste 25 Julii The Parliament ended the 10th of July By which Writ it is apparent That not only the great Officers and some Nobles but likewise knights and Burgesses were sometimes summoned and chosen in Ireland to come to this Parliament of England and had Writs for wages allowed them These varieties of the Kings writs for electing Knights and Burgesses summoning sometimes 4. sometimes 2. sometimes but one Knight out of a County most times 2 Citizens and Burgesses sometimes but one limiting the qualifications of their persons and summoning not only Great Officers and Peers but likewise Knights Citizens and Burgesses out of Ireland and particular persons by name amongst the Commons as in 32 Ed. 3. part 2. m. 32. dorso together with his making of new Burroughs by his Patents and authorizing them to send Burgesses to Parliam when they never sent any before there being now three times as many Burgesses of Parliament as there were in the reigns of King Edward the 1 2 and 3. as appears by the Writs in the Dorse of the Clause Rolls for their expences and wages are clear proofs and evidences that the King and his Council in the Lords House are the sole Judges of the elections of the Knights Citizens Burgesses of the Commons House and that they themselves have no power at all to seclude or eject any persons duly elected and sent thither by the Kings Writs though more or less than usual or from new erected Burroughs And if any City or Burrough which sends Members to the Commons House by the kings Charter or usage forfeit their Charters and Privileges for which the king seiseth them into his hands as in 49 H. 3. he seised Londons and others Liberties and Cambridges since he may deny to send them Writs to elect Citizens or Burgesses till their Franchises be restored and their Charters renewed and deny to grant them this liberty of Election any more if he please proceeding from his meer grace and grant to them at first and so to be restored out of Grace not Justice when forfeited by their default The Statute of 5 R. 2. Parl. 2. c. 4. The King willeth and commandeth it is assented to by the Prelates Lords and Commons That all persons which shall from henceforth receive the Summons of Parliament be he Archbishop Bishop Abbot Peer Duke Earl Baron Baronet knight of the Shire Citizen of the City Burgess of the Burgh or other singular person or Commonalty and come not at the said Summons except he may reasonably and honestly excuse himself to our Soveraign Lord the King he shall be amerced and otherwise punished as of old times hath been used to be done within this Realm Here the Excuse is to be made by the Knights Citizens Burgesses and Commons as well as Lords Spiritual and Temporal to THE KING not Commons House and if they cannot excuse themselves unto him then they are to be amerced as of old time have been used And that was never by the Commons House but
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
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
kingdom by his unnatural Son Absolon who made himself King de facto who was yet a traytor with all his Adherents and came to a tragical end 2. Sam. c. 15. to c. 20. by the case of Adonijah the Vsurper and his Adherents slain and degraded as Traytors and of the Usurper Athaliah who had near 7. years possession of the Throne and slew all the bloud royal but Ioash yet was shee dispossessed slain as a murderer traytor usurper and Ioash the right heir set upon the Throne and crowned King by Jehoiada the high Priest the Captains and Rulers of the host and Officers people of the Land who all rejoyced and the City was quiet after that they had slain Athaliah with the sword 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongst the Jews So it was the antient Law of England under the antient Britons as is evident by the case of the Usurper Vortigern who afâ—er his Usurpation of the Crown by the murther of two rightfull Kings Constantine and Constance and near 20 years possession by usurpation the Britons calling in and crowning Aurelius Ambrosius the right heir for their lawfull King he was prosecuted by him as a Traytor both to his Father and Brother whom he caused to be murdered to gain the Crown besieged assaulied and burnt to death in the Castle of Genorium in Wales with all his adherents that were in it This Law continued not onely under our Saxon Kings but English too as is evident by the case of Qu. Maud reputed a lawfull Queen notwithstanding the usurpation Coronation and actual possession of King Stephen in her absence all whose grants of the Crown lands were resumed by her Son King Henry the 2. and King Stephens Charters and Grants of them resolved null and void against King Henry because made by a Usurper and Invader of the Crown King John in the year 1216. was renounced by most of his Nobles Barons people who elected crowned and swore allegeance to Lewes as their King and dispossessed King John of all or most of the Realm who thereupon at his death cum summa mentis amaritudine maledicens non valedicens omnibus Baronibus suis pauper omni thesauro destitutus nec etiam tantillum terrae in pace â—inens ut vere JOHANNIS EXTORRIS diceretur ex hac vita miserrime transmigravit Henricum primogenitum suum REGNI CONSTITUENS HAEREDEM Yet no sooner was he dead though Lewes was K. de facto and that by the Barons own election who called him in and crowned him but Gualo the Popes Legat and many of the Nobles and People asâ—embling at Glocester there crowned Henry his Son for their true and lawfull King at Glocester cogente necessitate quoniam Westmonasterium ubi locus est ex consuetudine regiae consecrationis deputatus tunc ab inimicis suis suit obsessum After his Coronation he received the homages and fealties of all the Bishops Earls Barons and others present at his Coronation Sicque Nobiles Universi Castellani eo multo fidelius quam regi Johanni adhaeserunt quia propria patris iniquitas UT CUNCTIS VIDEBATUR filio non debuit imputari After which most of the Nobles and English deserting Lewes submitted themselves to Henry as their lawfull Soveraign routed the French forces besieged Lewes in London forced him to swear that he would depart the Realm and never to return more into it during his life and presently restore all the Lands and Castles he had taken in England by warr and resign them to King Henry Which he accordingly performed Most of the Barons who adhered to Lewes and submitted themselves to King Henry were by agreement restored to all their rights inheritances and Liberties But some Bishops Abbots Priors Secular Canons and many Clergy-men qui Ludovico Baronibus consilium praestuerant et favorem and continued obstinare were excepted out of the composition between King Henry and Lewes and thereupon deprived of their livings goods and forced to make fines and compositions for adhering to the Usurper Lewes though King de facto for a season Therefore a King de facto gets neither a legal freehold against the King de Jure or his heirs nor can he indemnify his adherents against his Justice who are still Traytors by adhering to him though crowned and the King de jure may punish them as such 5ly Since the Statute of 25 E. 3. which altered not the Law in this point before it in the Parliaments of 1 E. 4. roâ— Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34 35 36. King Henry the 6. himself though king de facto for 39. years and that by Act of Parliament and a double descent from Henry the 4th and 5th Usurpers and Intruders together with his Queen and sundry Dukes Earls Barons Nobles Knights Gentlemen who adhered to him in his wars against Richard Duke of Yorke and Edward the 4th King de jure were all attainted of high Treason all their lands goods chattels forfeited some of them executed as Traytors for adhering to Henry the 6. and assisting him in his wars against Edward the 4th king only de jure it being adjudged High Treason within the Statute of 25 E. 3. against Sir Edward Cooks fond opinion to the contrary As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when restored to the Crown may punish Treason against the king de facto who usurped on him either by levying warr against him or compassing his death it was so farr from being reputed Law in any age being without and against all Presidents or in King Edward the fourths reign that those who levied war against Henry the 6. were advanced rewarded as loyal Subjects not punished as Traytors for it by King Edward the 4th when actually King It being not only a disparagement contradiction to the Justice Wisdom Title Policy and dangerous to the person safety of any King de jure to punish any of his Lieges Subjects for attempting the destroying deposing of an Vsuper of his Crown and Archtraytor to his person but an owning of that Usurper as a lawfull King against whom high Treason might be legally committed and a great discouragement to all loyal Subjects for the future to aid him against any Intruders that should attempt or invade his Throne for fear of being punished as Traytors for this their very loyalty and zeal unto his safety Moreover all the gifts grants made by Henry the 4 5 6. themselves or in and by any pretenced Parliaments under them were nulled declared void and resumed they being but meer Usurpers and kings de facto not de jure 6ly It is the judgement resolution of learned Polititians Historians Civilians Canonists Divines as well Protestants as Papists Jesuites and of some Levellers in this age that it is no Offence Murther Treason at all by the Laws of God
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
of England without any election by or Commission from the people with the true grounds thereof 2ly That the judicial power Judicature and Jugdements in Parliament belong wholly and soly to the King and House of Lords not to the Commons House and that in all criminal civil or ecclesiastical causes whatsoever proper for Parliaments to decide both in the Cases of Commoners and Clergy men as well as Peers who are onely triable both in and out of Parliaments by their Peers here plentifully evinced In debating these two points I have briefly proved the Antiquity of our Lords and Nobles sitting â—oting in all Parliamentary Great Councils both under our British Saxon Danish Norman and English Kings before any Knights Citizens or Burgesses were admitted into our Councils or Parliaments which having more particularly demonstrated by undeniable presidents in my Historical Collection of all the antient Great Councils and Parliaments of England in my Antiquity triumphing over Novelty p. 9 10.55 to 85. and in my 1 2 3. parts of an Historical Seasonable Vindication and Collection of the fundamental Rights Privileges Laws c. of all English Freemen printed 1655. 1656. 1657. wherein all the Great Councils and Parliamentary assemblies from Brute to William the Conquerer are Chronologically collected and epitomized I shall referr the Reader thereunto for full satisfaction of the Antiquity of our Parliamentary Councils and the Lords constant sitting voting judging in them 2ly Because many of our late Historians Antiquaries Lawyers and others derive our Parliament as now constituted and the calling of Knights Citizens and Burgesses to them from the Parliamentary Council held at Salisbury in the 16. year of King Henry the 1. or at least from King Henry the 2. his reign which the forged Imposture stiled Modus tenendi Parliamentum and Sir Edward Cook seduced by it would advance as high as Edward the Confessor as if there had been Knights Citizens and Burgesses usually summoned to all Parliaments in his reign and ever since I have herein given you an account out of our antientest and best Historians of all the Parliaments and Proceedings in them both under King Henry the 1. 2. and most others under their immediate Successors infallibly proving there were no Knights Citizens and Burgesses in the Parliaments held under either of them and that their first summons to Parliaments for ought appears was but in 49 H. 3. not before since which they have been usually summoned but yet in a various manner 3ly I have evidenced by many memorable Histories Presidents Records in all ages the most whereof were never mentioned by any who have formerly written of Parliaments that the Judicature in our Parliaments resides solely in the King and House Lords not only in all Criminal cases of Lords Peers Commons and in all Civil and ecclesiastical businesses Appeals and Writs of Error there descided but likewise in all cases of Elections breach or allowance of privilege of Parliament and misdemeanours relating to the House of Commons themselves their Speakers Members and menial Servants To which I shall only add That the late King in his printed Answer to the 19. Propositions of both Houses June 1642. thus declares That the LORDS being trusted with a Iudicatory power are an excellent Screen and Bank between the Prince and People to assist each against any incroachments of the other and by just judgements to preserve that Law which ought to be the Rule betwéen every one of the thrée 4ly I have herein for the benefit of all Students Professors of the Law and others who take all Sir Edward Cooks Opinions Records for undoubted Oracles without examination and swallow down all his mistakes discovered many of his gross Errors oversights misrecitals and pervertings of Records in matters relating to our Parliaments evidenced his much magnified Modus tenendi Parliamentum to be a meer late Imposture full of mistakes concerning the Antiquity and Judicature of the Commons House and refuted Sir Edward Cooks mistaken Law as in other points so in this That the Kings general writ of summons to any Knight or Esquire to the House of Lords by the name of Knight or Esquire without any special clause of creating him a Baron or Lord in the Writ doth neither ennoble himself nor his heirs nor make them Lords and Barons though they sit in the Lords House as he asserts it doth unless they held by Barony of the King before and were Barons by their Tenure the general writs of summons stiling them only Knights and Esquires as before not Lords or Barons and having no clause in them that will amount to the creation of a Lord much less of a Baron which Title or word Baron is not mentioned in the Writ nor doth it affix their Lordship or Barony to any particular place as all Writs and Patents that create men Lords or Barons use to do For the further clearing of this point you may observe that the writs of summons in the Clause Rolls do sometimes stile the persons summoned Barons thus all or most of the writs of summons from 25. E. 3. to 1 E. 4. are directed Willielmo Baroni de Graystocke Chivaler Radulpho Johanni Radulpho Baroni de Graystocke Sometimes the writs stile them Lords as Johanni Talbot Domino de Furnival in 4 H. 5 c. In Ann 25 27 28 29 31 33 38 H. 6. and 2 E. 4. the writs are Henrico Peircy DOMINO de Poymiger DOMINO de Poynings DOMINO de FERRARIIS de Groby Thomae DOMINO de Roos Richardo Woodvil Militi DOMINO de Rivers Roberto Hungerford Mil DOMINO de Mollings Willielmo Beuchamp DOMINO de Sto Amando Jacobo de Fynes DOMINO de Say et Seal Edwardo Gray Mil. DOMINO de Groby H. DOMINO de Poynings Johanni Sturton Mil. DOMINO de Sturton Johanni DOMINO de Clinton Edoardo Nevil DOMINO de Burgaveny Willielmo Bourchier Mil. DOMINO de Fitzwarren Henrico Bromflet DOMINO de VESSEY Thomae Grey DOMINO de Richmond Tho. Percie Mil. DOMINO de Egremont Ricardo Wells DOMINO de Willoughby Mil Richardo Fynes DOMINO de Dacre Though in most antient and later writs the word Dominus is omitted and the name of the Barony only used Somtimes there is a special clause of Creation in the writ it self as in Clause 27 H. 6. m. 26. dorso Henrico Bromfleet Mil creaâ—ing him the heirs males of his body lawfully begotten Barons of Vessey These writs which thus stile thâ— Barons Lords create them such by special clauses as patents doe will make those Knights and Esquires Lords or Barons who were none before but a General writ which terms them only Knights or Esquires and gives them neither the Title of Lords or Barons nor creates them such cannot make themselves or their posterity Lords or Barons unless they held by Barony and then they are Barons only by Tenure not Writ This is clear as I conceive by the
if that of Ingulphus with other our Historians and some Lawyers be true which Sir Edward Cook and Mr. Selden deny that King Alfred first divided the Realm into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwaies yet are and ought to be elected there could be no Knights of Shires at least if any Citizens or Burgesses to serve in Parliament before this division though there were Earls Dukes Barons before his reign who were present by the Kings summons not peoples elections at our Great Councils or Parliaments as Mr. Selden and Sir Henry Spelman undeniably manifest and I have elsewhere proved at large Their sitting voting judging therefore in Great Councils Parliaments being so antient clear and unquestionable ever since their first beginning til now and the sitting of Knights Citizens Burgesses by the peoples election in our antientest Great Councils Parliaments not so clearly evident by History or Records as theirs we must needs acknowledge subscribe to this their Right and Title or else deny the Knights Citizens Burgesses rights to sit vote in our Great Councils Parliaments rather than theirs who have not so antient nor clear a Title or right as they by many hundreds of years Fourthly This Right and Privilege of theirs is vested legally in them by the very Common Law and Custom of the Realm which binds all men By the unanimous consent of all our Ancestors and all the Commons of England from age to age assembled in Parliament since they sat in any Parliaments who alwaies consented to desired and never opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it self signed and ratified by King John wherein it is expresly granted Ad habendum COMMUNE CONCILIVM REGNI de auxiliis assidendis de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites MAJORES BARONES REGNI singulatim per Literas nostras c. And in the Great Charter of King Henry the 3. they are first mentioned and provided for Hereupon King Henry the third not long after Magna Charta was granted and at the same time it was proclamed confirmed with a most solemn Excommunication in the presence of all the Lords and Commons by all the Bishops of England against the infringers thereof summoning a Parliament at London in the year 1255. to aid him in his warrs in Apulia the Earls and Barons absolutely refused to give him any assistance or answer at all for this reason Quod omnes Barones tunc temporis non fuerunt juxta tenorem Magnae Chartae suae vocati ideo sine Paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel Auxilium concedere vel praestare That ALL THE BARONS were not summoned by him to this Parliament as they ought to be according to the tenor of Magna Charta whereupon they departing in discontent and refusing to sit longer the Parliament was first adjourned and at last dissolved And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceeding therein were totally repealed and nulled by the Parliament of 1 H. 4. because the Lords who adhered to the King were summoned by him to the Parliament and some of the opposite party imprisoned impeached unsummoned and many of the Knights of the shire were elected only by the Kings nomination and Letters to the Sherifs And the Parliament it self kept by force viris armatis et sagittariis immensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which Grafton and other Historians write thus That they fell into so great pride of the Kings favour that they accounted the King to be as their fellow and they set the Lords at nought yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rustical people had a while courted they entred into so great a boldness that they would not let neither within nor without the Court to beat and slay the Kings good Subjects to take from them their victuals and pay for them little or nothing at their pleasure as our free-quarâ—erers do now falling at last to ravish mens wives and daughters And if any man fortuned to complain of them to the King he was soon rid out of the way no man knew how or or by whom so as they did what they listed the King not caring to doe justice upon them but favouring them in their mis-doings confiding in them and their guards against any others of the kingdom which gave the Lieges of his kingdom great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his designs is one principle Article exhibited against him by the Parliament of 1 H. 4. wherein he was forced to resign his Crown and then deposed I pray God our new armed Guard and Courtiers at Whitehall and the Muse of as mean condition as those fall not by degrees to the self-same exorbitances contempt of the King Lords Parliament and oppression of the people to their general mutining and discontent In the Parliaments of 6 E. 3. N. 1. Parl. 2 N. 5.6 8 9 8 E. 3. N. 5. 15 E. 3. N. 4. 17 E. 3. N. 2. 20 E. 3. N. 5. 21 E. 3. N. 4. 22 E. 3. N. 1. 25 E. 3. N. 1. 29 E. 3. N. 4. 30 E. 3. N. 1. 37 E. 3. N. 1. 42 E. 3. N. 1. 50 E. 3. N. 1. 51 E. 3. N. 3. 1 R. 2. N. 1. 2 R. 2. N. 1. 3 R. 2. N. 1. 4 R. 2. N. 1. 5 R. 2. N. 65. 6 R. 2. N. 6. 7 R. 2. N. 1. 9 R. 2. N. 1. 8 H. 4. N. 54. We find in these Parliament Rolls that these Parliaments have been usualy prorogued adjourned from the days they were summoned to meet and have not saie nor acted at all because sundry of the Lords some Commons were not come but absent by reason of foul weather shortness of warning or other publique imployments all their personal presence in Parliament being reputed necessary and expedient And 20 R. 2. N. 8. The Commons themselves in Parliament required the King to send for such Bishops and Lords who were absent to come to tho Parliament before they would consult upon what the Chancellor propounded to them in the Kings name and behalf to consider of To recite no more antient presidents In the Parliament of 2 Caroll the Earl of Arundel not sitting in the Parliament being after his summons committed by the King to the Tower of London about his Sons mariage May 25. 1626. without the Lords privity and consent whereby their privileges were infringed and the House deprived of one of their Members presence thereupon the House of
Peers made this memorable Petition and Remonstrance of their Privileges to the King The humble Remonstrance and Petition of the Peers MAy it please your Majestie we the Peers of this Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a message was delivered us from your Majestie by the Lord Keeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament This Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our right and privileges of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case we find iâ— to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting in Parliament or within the usual time of Privilege of Parliament is to be imprisoned or restrained without sentence or order of the House unlesse it be â—or Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be aleged by your Majesties learned Counsel at Law that might any way infringe or weaken this claim of the Peers and to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the question made of this Privilege have una voce consented that this is the undoubted right of the Peers and hath been inviolably enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole body of the Peers in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted by your gracious favour to come sit and serve your Majesty and the Commonwealth in the great affairs of this Parliament And we shall pray c. Upon which Remonstrance and Petition the King refusing to inlarge him thereupon the Lords to maintain their Privilege adjourned themselves on the 25 and 26 of May without doing any thing and upon the Kings refusal to release him they adjourned from May 26 till June 2. refusing to sit and so the Parliament dissolved in discontent his imprisonment in this case being a breach of privilege contrary to Magna Charta In this very Parliament the Lord Digby Earl of Bristol being omitted out of the summons of Parliament upon complaint to the Lords House was by order admitted to set therein as his Birthright from which he might not be debarred for want of Summons which ought to have been sent unto him ex debito Iustitiae as Sir Edward Cook in his 4 Institutes p. 1. The Act for ttriennial Parliaments and King John great Charter resolve And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Privileges contrary to the Great Charter If then the Kings bare not summoning of some Pears to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peer unjustly to disable them to sit personally in Parl. be a breach of Privilege of the fundamental Laws of the Realm and Magna Charta it self confirmed in above 40 successive Parliaments then the Lords right to sit vote and judge in Parliament is as firm and indisputable as Magna Charta can make it and consented to confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligible every Parliament by the Freeholders people as Knights and Burgesses ought to be and to deny this birthright and privilege of theits is to deny Magna Charta it self and this present Parliaments Declarations proceedings in the case of the Lord Kimbolton a Member of the House of Peers Fifthly The Treatise intituled The manner of holding Parliaments in England in Edward the Confessors time befose the Conquest rehearsed afterwards before William the Conquerour by the discreet men of the Kingdom and by himself approved and used in his time and in the times of his successors Kings of England if the Title be true and the Treatise so antient as Sir Edward Cook others now take it to be When as its mention of the Bishop of Carlisles usual place in Parliaments which Bishoprick was not founded till the year of our Lord 1132. or 1134. as Matthew Paris Matthew Westminster Roger Hoveden Godwin and others attest in the later end of Henry the first his reign Its menâ—ion of the Mayors of London other Cities and writs usually directed to them to elect two Citizens to serve in Parliament whereas London it self had no Mayor before the year 1208. being the 9. year of King John nor other Cities Mayors til divers years after nor can any Writs for electing Knights of Shires Citizens or Burgesses to serve in Parliament which it oft times writes of be produced before 49 H. 3. nor any Writs to levy their expences or wages for their Service in Parliaments which it recites be produced before the reign of King Edward the 1. Nor was the name of Parliament which it mentions and writes of so much as used by any Author before the later end of King Henry the 3. his reign after whose reign this Modus was certainly compiled towards the end of K. Richard the 2. or after as other passages in it evidence beyond all contradiction This magnified Treatise be it genuine or spurious determines thus of the Kings and Lords rights to be personally present in all Parliaments The King is bound by all means possible to be present at the Parliament unless he be detained or let there from by bodily sickness and then he may keep his Chamber yet so that he lye not without the Manour or Town where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLS two BARONS two Knights of the Shire two Burgesses and two Citizens to look upon his person to testifie and witness his estate and in their presence he ought to make a Commission and give Authority to the Archbishop of the Place the Steward of England and Chief Justice that they joyntly and severally should begin the Parliament and continue the same in his name express mention being made in that Commission of the cause of his absence thence which ought to suffice and admonish the OTHER NOBLES
this King who as some erroniously assert first summoned Knights Citizens and Burgesses to our Parliaments In the Parliamentary Councel at Clarindon under King H. the 2. An. 1164. Jo. de Oxonia by the Kings command there present sate President Presentibus etiam Archiepâ—scopis Episcopis Abbatibus Prioribus Comitibus Baronibus et Proceribus regni wherein they made a Recognition of the customs and liberties of his Grandfather King Henry the 1. and other his Ancestors which ought to be observed by all persons within the Realm by reason of the discords often happening between the Clergy and temporal Justices and great men of the Realm These they reduced to 16 Articles very much ecclipsing the Popes and Bishops ecclesiastical Jurisdiction This Recognition the Archbishops Bâ—shops Abbots Priors Clergy cum Comitibus Proceribus et Baronibus cunctis una voce firmly promised in the word of truth bona fide to observe and keep to the King and his heirs for ever without male engin The 11 of these Articles runs thus Archiepiscopi et Episcopi sicut caeteri Barones debent interesse Iudiciis Curiae to wit of Parliament cum Baronibus quousque perveniatur in judicio ad dâ—minutioneÌ„ membrorum vel ad mortem Which proves the judicial power of Parliaments to be then only in the Lords and Barons In the year 1170. the 16 of Henry â— on the Feast of St. Bernard Rex magnum celebravit Concilium Londoniis cum Principibus et Magnatibus curiae suae de coronatione Henrici filii sui So Hoveden Anno 1172. Rex Angliae Henricus convocatis regui Primoribus apud Northamptoniam renoveâ—unt Assisâ—m Clarindoniae eamque praecepit observari In the year 1175. King Henry the second and his son held a great Council at York where the agreement between him and the King of Scots there present with most of his Bishops Abbots and Nobles was read and confirmed before the King and his Son the Arehbishop of York the Bishop of Durham Comitibus Baronibus Angliae The sâ—me year Rex magnum congregavit coneslium â—pud Windeshores in octavis Sancti Michaelis praesentibus Rege filio Richardo Cant. Archiepiscopo Episcopis Angliae Laurentâ—o Dubliâ—ensi Archiepiscopo Praesentibus eâ—iâ—m Comitibus et Baronibus Angliae In which some controversies in Ireland were ceâ—cided In the year 1176. King Henry coming to Noâ—ingham on the feast of Sr. Pauls conversion ibi celebravit Magnum Concilium de statute regni sui et coram rege filio suâ— Archiepiscopis Episcopis Comitibus et Baronibus Regnâ— sui Communi omnium Concilio divisit regnum suum in sex partes per quarum singuâ—aâ— tres Justiciarios itinerantes constituit whose names Commissions and Articles are there at large recorded And the same year this King held another Great Council at London in which the King Consilio universorum Episcoporum Comitum et Baronum Regni concessit Regi Siciliae filiam suam In the year 1177. King Henry the 2. summoned a Great Councâ—l to determin the great Controversy between Sanctius King of Navarr and Alphonsus King of Castile whose Advocates propounding and debating their cases in the presence of the King and of his Bishops Earls and Barons the King habito cum Episcopis Comitibus et Baronibus nostris cum deiiberatione consilio drew up by their advice an award between them under his great Seal recorded at large in Hoveden who writes Comites et Barones Regalis Curiae Angliae adjudicaverunt plenariam utrique parti supradictae quae in jure petita fuerâ—nt fieri restitutionem The like they did in the Council of Northampton in other cases held the same year Anno 1188. King Henry the 2. on the 3d of February held a Parliamentary Council at Gaintington about 8 or 10. miles from Northampton where convenerunt unà cum Rege PRAESULES ET PRINCIPES REGNI de defensione sacrosanctae terrae Jerosolymae tractaturi where after long debate they made 8. Statutes concerning that voyage The very same year the Kings of England and France on the 10. of February came to a conference about their Voyage to Jerusalem cum Archiepiscopis Comitibus et Baronibus Regnorum suorum as they had formerly done in the same manner and place An. 1173. and as they did afterwards An. 1189. Cum Archiepiscopis Episcopis et Baronibus suis So as during King Henry the seconds whole reign we read of no Knights Citizens and Burgesses electcted by the people present in our Parliamentary Councils but only the King Prelates Earls Barons and Nobles alwaies mentioned by name and Judges in them Only I find this one expression in Hoveden An. 1188. Rex statim apud Gaintington congregavit Magnum Concilium Episcoporum Abbatum Comitum et Baronum et aliorum multorum tam Clericorum quam Laicorum but that these were Knights Citizens and Burgesses elected by the people and not persons particularly summoned and nominated by the King himself to be Assessors Collectors of the Tenths there to receive their instructions for it which is most probable cannot be thence inferred ubi in publica audientia recitari fecit omnia supradicta capitula quae constituerat de Cruce capienda et tunc Dominus Rex misit servientes suos Clericos Laicos per singulos Comitatus Angliae ad Decim as colligendas most likely the aliorum muliorum tam Clericorum quam Laicorum present at this great Council secundum praedictam Ordinationem in terris suis transmarinis constitutam to wit at Cenomanum ubi consilio suorum to wit of the Archbishops Bishops Earls and Barons there with him ordinavit quod unusquisque decimam redditorum et mobilium suorum in eleemo sinam dabit ad subventionem terrae Jerosolymitanae hoc anno exceptis armis equis vestibus militum c. Sed de singulis urbibus totius Angliae fecit elegi omnes ditiores videlicet de Londonio 200 de Eboraco 100 de aliis Urbibus secundum quantitatem numerum eorum fecit omnes sibi praesentari diebus locis statutis de quibus caepit Decimam mobilium suorum secundum aestimationem virorum fidelium qui noverant redditus et mobilia eorum Si quos autem invenisset rebelles statim fecit eos in carcerari et in vinculis teneri donec ultimum quadrantem persolverent similiter fecit de Judaeis terrae suae unde inaestimabilem sibi acquisivit pecuniam Andrew Horn in his Mirrour of Justices in the reign of King Edward the first writes That our Saxon Kings divided the Realm of England after it was turned into an heritage into 38 Counties over which they set so many Counts or Earls and although the King ought to have no Peers in his land yet for that if the King should do wrong to or offend any of his people neither he nor any of his Commissaries ought to
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
exterminium et omnes Magni qui Stephano juramentum fecerunt MISERVM SORTITI SUNT FINEM In the 16. and 17. years of K. John An. Dom. 1214 1215. The Prelats Earls Nobles and Barons being assembled together in a great Parliamentary Council held at Pauls after at St. Edmunds there was produced and read before them a Charter of King Henry the 1. which the Barons received from Stephen Archbishop of Canterbury which Charter conteined certain Laws and Liberties of King Edward granted to the holy Church and the great men of the Realm with some other Liberties which the said King had added thereunto of his own grant Which being read thereupon the BARONS ALL swore in the Archbishops presenc that if need were they would spend their blood in its defence And afterwards at St. Edmonds Bury the BARONS swore upon the High Altar That if King John refused to confirm and restore to them those Liberties and Rights of the kingdom they would make War upon Him and withdraw themselves from his allegiance till he had ratified them all by his Charter under his Great Seal Which they accordingly performed The King promising to confirm their Liberties and the Charter of King Henry the 1. which the Barons publikely read in 3. of their Great Parliamentary Councils and yet deâ—aying the same thereupon all the Nobles and Barons assembled together at Stamford with their horses friends and followers amounting to many thousands resolving to force the King to grant and ratify the same Whereupon the King sent the Archbishop of Canterbury William Marshal Earl of Pembroke and other prudent men to the Earls and Barons to demand of them Quae essent Leges Libertates quas quaerâ—bant Who thereupon produced a schedule of them to the Messengers quae ex parte maxima Leges antiquas regni consuetudines continebat Capitula earum partim in Charta Regis Henrici 1. superius scripta sunt partimque ex Legibus Regis Edwardi antiquis excerptâ— The Barons affirming quod nisi Rex illas in continenti concederet et Sigilli munimine confirmaret ipsi per captionem Castrorum suorum terrarum possessionum IPSUM REGEM COMPELLERENT donec super praemissis satisfaceret competenter The Archbishop returning to the King and repeating the Articles and Liberties they demanded to him by heart when he understood their contents with great indignation and scorn answered Et quare cum istis iniquis exactionibus BARONES non postulant regnum Vana sunt iniquit et superstitiosa quae petunt nec aliquo rationis titulo fulciuntur Affirmavit tandem cum iuramento fuâ—ibundus quod nunquam tales illis concederet Libertates unde ipse efficeretur servus When the Archbishop and William Marshal the Earl could by no means induce the King to consent thereto they returned by his command to the Barons relating all that the King had said to them in order Whereupon tota Angliae Nobilitas in unum collecta all the Nobles of England collected together into one body constituted Robert Fitzwalter General of their Militia calling him MARESCALLV MEXERCITVS DEI ET ECCLESIAE SANCTAE and flying to their arms besieged several of the Kings Castles Who thereupon seeing himself generally deserted almost by all men and fearing the Barons would take his Castles without any resistance though he bare an inexorable hatred against the Barons in his heart yet thinking to be revenged of them singly afterwards when he could not do any thing against them all being united he sent Messengers to assure them quod pro bono pacis ad exaltationem Regni sui et honorâ—m Gratanter concederet Leges et Libertates quas petebant desiring them to appoint a fitting time and place for them to meet and conferr together and perform what they desired Whereupon the King all the Nobles and Barons meeting together at a Conference in Running Mead he after many debates granted them the Laws and Liberties they desired confirming them by his Charters under his Great Seal the Tenor whereof is at large recorded in Matthew Paris and in the Red Book of the Exchequer being almost the same in Terms with Magna Charta and Charta Forestae afterwards granted confirmed in 9 H. 3. printed in all our Statute Books and so needless to transcribe These Charters being sealed and confirmed by the King he at the Barons request sent Letters Patents through all the coasts of England firmly commanding all the Sheriffs of the whole Realm that they should cause all men of what condition soever within their Bayliwicks to swear that they would observe the foresaid Laws and Liberties and that to the best of their power they would constrain the King himself by the seising of his Castles to perform all the things aforesaid as they were conteined in his Charter In mean time the King sent Letters to Pope Innocent to vouchsafe to confirm the Liberties and Charters he had granted with his Bull. After which for their more inviolable observation it was concluded and enacted That there should be 25 BARONS chosen by the LORDS not Commons who should to their utmost power cause the Great Charter confirmed by K. John to be duly observed That if either the King or His Justicier should transgress the same or offend in any one Article 4 of the said Barons should immediately repair to Him and require redress of the same without delay which if not done within forty days after that then the said 4 BARONS and the rest should distrain and seize upon the Kings Castles Lands and Goods till amends was made according to their arbitration Rot. Patent Anno 17. Johannis Regis in the Tower m. 21 22. n. 23. Dorso Writs were sent to all the Sherifs Counties of England to swear all the people to those 25 Barons to aid and assist them in the premises under pain of seizing their lands into the Kings hands and confiscation of all their goods to him if they refused to take the Oath within 15 dayes And the City and Tower of London were put into the Barons hands till the King had performed his agreement with them Such confidence and power was then reposed in the BARONS alone In the Patent Roll of 16 Johannis Regis pars 1. dors 3· I find this memorable Grant to the Barons well explaining the Statute of Magna Charta c. 29 Sciatis quod concessimus BARONIBUS qui contra nos sunt quod eos nec homines suos capiemus nec dissaiseamus nec super eos per vim vel per arma ibimus nisi per legem Regni nostri vel judicio Parium suorum in curia nostra A very excellent Privilege Law Liberty purchased by the Barons industry inserted into K. Johns Great Charter soon after published ratifying it in these terms Comites Barones non amercientur nisi per Pares suos non nisi secundum modum delicti Nullus liber homo capiatur vel imprisonetur vel
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
they their Ancestors purchased at so dear a rate and a means to dis-ingage them for ever siding hereafter with and setting them against the Commons and Republike for such an high dishonour and affront as this will prove 3ly Our Lords and Nobles have been the stoutest Champions to defend the Rights Privileges Liberties of the Crown Realm and Church of England the Great Charters Liberties Laws Franchises Properties of the Clergy people therein against the Popes and Prelates Antichristian invasions and enchroachments on them for proof whereof I shall present you with these few pertinent presidents instead of many others recorded in our Annals Pope Paschal the 2. and his Confederate Anselm Archbishop of Canterbury endeavouring by a Papal Decree to deprive the King of the investiture of Bishopricks by a Ring and Staff which his Ancestors enjoyed The King thereupon writ and sent him a Letter by two of his Bishops Anno Dom. 1103. wherein he concludes thus Beneficium quod ab Antecessoribus meis beatus Petrus habuit vobis mitto eosque honores eam obedientiam quam tempore Patris mei antecessores vestri in Regno Angliae habuerunt tempore meo ut habeatis volo eo videlicet tenore ut dignitates usus et consuetudines quas Pater meus tempore antecessorum vestrorum in regno Angliae habuit Ego tempore vestro in eodem regno meo integre obtineam Notumque habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates et usus Regni Angliae non minuentur Et si ego quod absit in tanta me dejectione ponerem OPTIMATES MEI imo TOTIUS ANGLIAE POPULUS ID NULLO MODO PATERETUR Habita igitur karissime Pater utiliore deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia To pretermit the Statutes of Clarindon Anno 1164. made and sworn to be observed by the Prelates Abbots Earls Barons and Nobles very derogatory to the Popes and Prelates usurpations in maintenance of the Kings Prerogative and peoples liberties recorded in Mat. Paris p. 96 97. Chronica Gervasii col 1386. In the year 1185. Heraclius Patriarch of Jerusalem comming into England with the Keys of the Tower of David and of Christs Sepulcher and the Banner of the holy Cross presented them to King Henry at Reading whom they had elected King thereof with an earnest Letter from Pope Lucius to accept thereof that so he in his absence might the more securely invade the rights of his Crown and Kingdom Hereupon the King Convocatis apud Londoniam totius Angliae Primatibus as Gervasius Dorobernensis or Convocato Câ—ero Regni ac populo to wit rhe Prelates and Nobles not ordinary Clergy and Commons usually expressed by this phrase as Mat. Paris relates it Convenerunt Londoniis apud Fontem Clericorum decima Kalendas Aprilis Rex cum universa Nobilitate Regni which expounds Clerus Regni et Populus Whence Radulphus de Diceto thus relates it Ad vocationem Regis Cantuariensis electus et Cantuariensis Ecclesiae Suffraganei Dunelmensis Episc Abbat Conventualium locorum Praelati Comites et Barones convenerunt apud fontem Clericorum 15 Kal. Apritis Rex itaque Patriarcha Magistro sanctae domus hospitalis Jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus multis obstrinxit quatenus proponerent in medio quod super his saluti animae suae viderint expedire Ad hoc enim cor suum inclinatum dicebat ut quod acciperet ex eorum consilio modis omnibus observaret Tunc Concilio universo super praemissis colloquenti datum est igitur sub deliberatione quod esset consultius vel quod Rex in propria sua persona Jerosolomitanis succurreret vel Anglorum regno cujus gubernationem in facie Matris Ecclesiae dudum susciperat adhuc praeesse nulla ratione desisteret Ad illa siquidem tria quae Rex quilibet consecrandus promitiit aliqui revocabant Promittit namque se praecepturum opem pro viribus impensurum ut Ecclesia Dei populusque Christianus veram pacem in omni tempore servet Promittit etiam quod rapacitates et omnes iniquitates omnibus gradibus interdicet Promittit adhuc quod in omnibus judiciis aequitatem misericordiam praecipiet Satius ergo visum est VNIVERSIS animae Regis multò salubrius quod regnum suum debita cum moderatione gubernet et a barbarorum irruptionibus a gentibus externis tuâ—atur quam saluti Orientalium in propria sua persona De filiis Regis quidem quorum petiis aliquem Patriarcha si Rex tamen recusaret quicquid statuere cum essent absentes incongruum videbatur Whereupon Heraclius returned the Pope and he by this advice of the Nobles being both deprived of their hopes Rex inito consilio responderat quod oblatum sibi Regnum Hierosolomitanum accipere et adire et Regnum Anglorum deserere hostibus vicinis exponere non fuit ut credidit Deo acceptum cum sit Deo tam gratum tam devotum hoc ut illud King Iohn in the 17 year of his reign having confirmed the Great Charter of the liberties of England and of the Forest by his Seal Oath and the Popes own Bull after his surrender of his Crown and kingdom ro the Pope regranted to him under an annual tribute Pope Innocent by his Bull in a General Council held at Rome repealed these Charters of the King as compelled to grant them by force and fear against his will commanding the King under pain of a curse and excommunication not to observe the Barons not to exact or demand the said Charters or any obligations or cautions whatsoever for or concerning them which he utterly cancelled and made void ut nullo unquam tempore aliquam habeant firmitatem Writing also exhortatory minatory Letters to the Barons not to claim the said Charters or Liberties obtained by force and fear and therefore not only vile and dishonest but unlawfull and unjust under pain of his displeasure and Sentence But what was the issue Matthew Paris thus records Cumque tandem Rege Anglorum procurante Magnates Angliae has Literas tam commoniâ—oriaâ— quam comminatorias accepissent Noluerunt desistere ab inceptis ed adhuc insurgentes Regem acriter infeâ—tabant dicendo de Papa illud propheticum Vae qui justificatis impium c. The Pope being informed that the Barons persisted in the prosecution of their Liberties and Wars against the King excommunicated them al their adherents in general for contemning and disrespecting his said Papal Decree Letters authority and suspended the Archbishop of Canterbury for siding with them But they contemning this his Sentence and persevering in their designs and wars he thereupon excommunicated all the Barons by name and likewise interdicted them and their adherents which being published in most places in the Country and thereby
admittere dominus Eboracensis licet contra personam praesentatam nihil inveniret quod obsisteret sed solam inhibitionem vestram praetenderet Verum cum in incendio vicinae domus nostrarum immineat periculum vobis tanquam patri supplicamus quatenus tam praedictum Robertum quam nos omnes singulos praedicta libertate praesentandi Clericos nostros ad ecclesias nostras vacantes libere uti permittatis injungentes praedicto Archiepiscopo quod I. Clericum ad praedictam ecclesiam ab eodem praesentatum pro quo etiam preces effundimus devotas praesertim cum sit negotiis Regis regno nostro necessarius nisi aliquod canonicum obstiterit non obstante priori mandato vestro admittat Ut ex hoc nos ad propensiorem famulatum ecclesiae provocetis Ne cum sit jus advocationis praedictorum feudorum pro quibus Domino nostro militamus cogamur illius invocare subsidium qui jura libertates laicorum protegere â—enetur confovere Valete Anno 1140. In octavis vero Epiphaniae congregati sunt Londini Archiepiscopi et Episcopi cum multis aliis Magnatibus praesente etiam Legato reponentes querimoniam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis ecclesiae per iniquum Regis consilium contra suas chartas juramenta temere veniendo nec patitur suis pastoribus viduatas ecclesias respirare sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat annis plurimis eas in manu sua detinet nec patitur electiones canonicas celebrari Super quibus injuriis illatis diatim multiplicatis omnes se asserunt vehemâ—ntâ—r admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii candelam extinxit inclinandâ— Et erant contra Regem in querimonium Episcoporum capitula circiter 30. Et eotenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliaâ—ios qui ejus animum ad praedicta enormia conabantur inclinare In the Parliamentary Council held at Merton An. 1229. Anno 20 H. 3. cap. 9. All the Bishops to set up the Popes and their own Canons above the Common Law of England earnestly intreated the Lords that they would consent that those who were born before matrimony might be legitimare as well as those born after mariage as to hereditary succession because the Church held such for legitimate et omnes Comites et Barones una voce responderunt nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae Upon which Sir Edw Cook observes That the Nobility of England have ever had the Laws sf England in great estimation and reverence as their best birthright Anno 1244. the 28 of Henry the third Pope Innocent sent one Martin his Legate into England with letters demanding a large contribution from the Prelates Abbats and Clergy to be speedily collected as he should direct which coming to the knowledge of all the Lords and Great men omnes ad Praelatos accesserunt ut uno per omnia consilio uterentur quia hoc negotium generalem statum Regni contingebat Whereupon all the Prelates by the Lords advice and encouragement denied to grant the Pope any aid at all sic soluto Concilio recesserunt Moreover this same year Romana Ecclesia rubore deposito tempore novi Papae Innocentii 4. non cessabat provisiones cotidianas redditus impudenter extorquere a via antecessorum suorum non exorbitando imo manum super omnes aggravando Exiit igitur murmur licet sero in cordibus Anglorum diu conceptum et retentum in manifestam querimoniam et quasi parturientes loqui non poterant amplius se continere Patientia enim eorum desidiosa erat humilitas infructuosa est imo potius damnosa et ipsa abutebatur Romana protervitas insatiabilis Et in unum convenientes totius Regni Nobiles Regem efficacissime super hoc conâ—enâ—rum asserentes se malle mori quam amplius tales enormitates tollerare Non enim eorum neque antecessorum suorum intentio fuit quando contulerint bona viris religiosis et aliis locis pia consideratione constructis ut ipsa ad aâ—bitrium Papae viris Italicis ignotis et eis quos noverant Simoniis usuris pollutos viciis multimodis quibus non est cura praedicatio vel hospitalitas Christi fidelibus impendenda contribuerent Rex igitur non mediocriter ad iram provocatus sciens ac sentiens talibus queremoniis inesâ—e veritatem scripsit Domino Papae verbis humilibus efficacissimis ut talia studeret paterna solicitudine corrigere The next year Anno 1245. This Martin violently seising on the lands and profits of divers Churches and religious persons prorerva injuriosa authoritate wherein the King protected him against all men whereby the condition of the Realm became most miserable thereupon urgente igitur necessitate totius Regni Angliae maxime praeceptum est ab ipso tempore EX PARTE ALIQUORUM MAGNATUM pro multiformi et incessabile oppressionne et depraedatione Regni dolentium et miserantium diligenter die nocte custoditis omnibus partibus Angliae PAPALES LITERAE quae quotidie ad emungendam pecuniam portabantur caperentur Wherupon the Governour of Dover took one of the Popes Posts laden with such Bulls and Letters to exact monies by divers means as he arrived at Dover and took away all his Bulls and Letters as he was commanded by the Lords imprisoning the Post in Dover Castle whom the King upon Martins complaint released causing the Letters and Bulls to be restored to him in perniciem Regni et Honoris sui Hereupon the Barons and Lords assembled at Laiton and Dunstable at Torneyes and from thence sent one Fulco to Martin residing in the New Temple at London commanding him presently to depart the Realm or else he and all his should be hewn in pieces within 3 days who thereupon repairing to the King for protection and demanding whether this were done by his direction The King answered no Sed BARONES MEI vix se continent quin consurgant in me eo quod tuas in Regno meo eorundem quae â—us modum excedunt depredationes injurias hactenus tolleravi Quorum etiam furorem vix compescui quin et in te iâ—ruentes te membratim non dilacerarent Upon which Martin demanding that the Marshal might convoy him safe to the Seaside â—â—ed with great hast and fear out of England After which the king coming to himself and discerning his Error by the advice of all the Nobility of the Realm there was an elegant Epistle written wherein the
over-execrable exactions of the Pope and the manifold exactions of his Legates and of certain men exercising an unheard of power were contained wherwith 6 Noble and discreet men elected by the Parliament and universality were sent to the Council of Lyons gravem super his SUPER EXACTIONE TRIBUTI IN QUOD NUNQUAM CONSENSIT REGNI UNIVERSITAS coram Concilio querimoniam reposituri et talium releuamen onerum importabilium Regno Angliae miserecorditer impendi rogaturi The Proxiâ—s of the Parliament and universality of England arriving at the Council of Lyons by William de Poweric their Proctor propounded their grievances complaining That in time of War a Tribute was injuriously extorted by the Court of Rome Quod nunquam Patres Nobilium Regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unae sibi petunt exhiberi justit am cum remedio Ad quod Papa there present nec oculos elevans nec vocem verbum non respondit Thomas of Walsingham adds That the Messengers sent to the Council by the king de Consilio Praelatorum Comitum Baronum were purposely sent ut concessioni Regis Johannis de censu annuo pro Anglia Hibernia contradicerent eo quod de Regni assensu non processerat Sed et per Archiepiscopum Câ—ntuariensem fuerat reclamatum vice totius Regni Sed Papa hoc indigere morosa deliberatione respondens negotium posuit in suspenso This detestable Charter of King John being burnt amongst his writings in this Council as was reported in the Popes own Chamber there casually set on fire After w ch Poweric delivered to the Council the foresaid to the Pope concerning the manifold extortions innovations oppressions of the Church of Rome exercised in England there recorded at large and worthy perusal The close of which Epistle of all the Barons is this That although the King being a Catholike Prince c. would continue in the obedience of the See and Church of Rome and seek the increase of her honour and profit jure tamen Regio dignitateque Regia plenius conservatis Nos tamen qui in negotiis suis porâ—amus pondus dierum et aestum et quibus una cum ipso Domino Rege intendere conservationi Regni diligenter incumbi dictas oppressiones Deo et hominibus detestabiles gravamina nobis in oleribiliâ— non possumus aequanimiter tolerare nec per Dei gratiam amplius tolerabimus Placeat igitur Paternitati vestrae hanc â—upoâ—icationem nostram taliter exaudire quod a Magnatibus et universitate Regni Angliae tanquam a filiis in Christo chatissimis speciaâ—es gratias debeatis merito reportare The Pope refusing to give any answer or redress thereunto at last through their importunity be granted divers privileges to the Churches Prelates and Nation of England tenâ—ing towards a reformation of their grievances but yet contrary thereunto increased their grievances instead of redressing them whereupon Anno Dom. 1246. the 30 of Henry the 3. by the Nobles sollicitation Medio quadragessimae edicto Regio convocato convenit ad Parliamentum generalissimum totius Regni Anglicani totalis Nobilitas Londini videlicet Praelatorum tam Abbatuum et Priorum quam Episcoporum Comitum quoque Baronum without any Knights Citizens or Burgesses chosen by the people to represent them in it ut de statu Regni jam vaci lantis efficaciter prout exigit urgens necessitas contractarent Angebat enim eos gravamen intollerale a Curla Romana incessanter illatum quod non poterant sine Nota desidiae et imminenâ—e ruina tolerare quod Papa promissionis suae transgressor gravius quam ante eorum querimoniam manum diatim exasperans aggravabat et hoc quasi per contemptum c. These Grievances they drew up into 7. Articles which were read in and approved by the Parliament this being the tenor of them Gravatur regnum Angliae ex eo quod Dominus Papa non est contentus subsidio illo quod vocatur Denarius beati Petri sed à toto Clero Angliae gravem extorquet contributionem adhuc multa graviora nititur extorquere hoc facit sine domini Regis assensu vel consensu contra antiquas Consuetudines Libertates et regni jura et contra appellationem et contradictionem Procuratorum Regis Regni in generali Concilio factam Item gravatur Ecclesia et Regnum eo quod Patroni eccleâ—iarum ad eas cum vacaverint clericos idoneos praesentare non â—ossunt prout Dominus Papa eis per literas suas concessit sed â—onferuntur Ecclesiae Romanis qui penitus idioma regni ignorant in periculum animarum et extra Regnum pecuniam asportant illud ultra modum depauperando Item gravatur in Provisionibus à Domino Papa factis in pensionibus exigendis contra literarum suarum tenorem in quibus continetur quod ex omnibus retentionibus factis in Anglia non intendebat conferre nisi 12 beneficia post praedictarum literarum confectionem sed credimus multa plura Beneficia ab eodem postea esse collata et provisiones factas Item gravatur quod Italicus Italico succedit et quod Anglici extra Regnum in causis auctoritate Apostolica trahuntur contra Regni consuetudines contra jura scripta eo quod inter inimicos convenire non debent contra Indulgentias à praedecessoribus domini Papae Regi regno Angliae concessas Item gravatur ex multiplici adventu illius infamis nuncii NON OBSTANTE per quem Juramenti religio consuetudines antiquae Scripturarum vigor concessionum auctoritas statuta jura et privilegia debilitantur et evanescuut quod infiniti de regno Angliae oppressi sunt graviter afflicti nec se Dominus Papa versus Regnum Angliae in plenitudine suae potestatis revocanda curialiter ita vel moderate gerit prout Procuratoribus Regni ore tenus dederat in promissis Item gravatur in tallagiis generalibus collectis et assisis sine Regis assensu et voluntate factis contra appellationem et contradictionem Procuratorum Regis Universitatis Angliae Item gravatur eo quod in beneficiis Italicorum nec jura nec pauperum sustentatio nec hospitalitas nec divini verbi praedicatio nec ecclesiarum utilis ornatus nec animarum cura nec in ecclesiis divina sunt obsequia prout decet et moris est patriae sed in aedificiis suis parietes cum tectis corruunt et penitus lacerantur Upon the reading of these Articles all and every one agreed to send both solemn Letters and Messengers to the Pope and humbly to intreat him to remove these intollerable Grievances and yoaks of bondage all the Abbots and Priors by themselves the Bishops by themselves the King by himself and all the Earls and Barons by themselves in their own names and of the whole Clergy and people of England writing several Letters to the Pope for
est satisfactum The Pope hereupon taking more boldness than before to trample the English Prelates Clergy under his feet fleece them imperiose solito imperiofius Praelatis Angliae demandavit ut in Anglia omnes beneficiati in suis beneficiis residentiam facientes tertiam partem bonorum suorum Domino Papae conferrent non facientes residentiam dimidiam multis adjectis durissimis conditionibus praedictum mandatum restringentibus per illum verbum et adjectionem detestabilem NON OBSTANTE quae omnem extinguit justitiam praehabitam The Bishops assembling in convocation to exact it the King thereupon by his Nobles advice and instigation sent Sir John de Lexeton a Knight and Lawrence St. Marin his Clark to them strictly commanding them in the kings behalf not to consent by any means to this contribution demanded by the Pope to the desolation of the English kingdom The next year 1247. Vrgente Papali mandato redivivo de importabili contributione Papali praetacta ad quam Episcopi in generali Concilio Clerum infeliciter obligarent fecit Dominus Rex MAGNATES SUOS nec non et Angliae Archidiaconos per scripta sua Regia Londini convocari Quo cum pervenissent die ptaefixo Episcopi omnes sese gratis absentarunt ne viderentur propriis factis eminus adversari Sciebant enim corda omnium usque ad animae amaritudinem sauciri Convenerunt tunc ibidem Archidiaconi Angliae nec non et totius regni Cleri pars non minima CUM IPSIS MAGNATIBUS conquerentes communiter super intolerabilibus frequentibus exactionibus Domini Papae pro quibus Dominus Rex non mediocriter compatiendo tristabatur Res enim publica periclatabatur et commune negotium regni totius agebatur imminebat tam populi quam cleri inanis desolatio et cunctis temporibus inaudita After long consultation the King and Nobles by common advise resolved to send a remonstrance of all their grievances together with Letters in the name of the whole Parliament and kingdom to the Pope and his Cardinals speedily to redress them which Letters they sealed with the Common Seal of the City of London thereby obtained some shew of redress of their grievances which the Nobles further prosecuted and complained of in another Parliament the selfsame year Dominus Rex comperiens regnum suum enormiter undique periclitari by the Popes exactions taxes oppositions jussit OMNEM TOTIUS REGNI NOBILITATEM CONVOCARI ut de statu ipsius tam manifeste periclitantis Oxoniae contrectarent Praelatos autem ad hoc Parliamentum vocavit anxius quia videbat eos tam frequenter per Papulâ—s extortiones depauperari quod frequentia consuetudinem regni ruinam manifeste minabatur Sperabatur igitur communiter aliquod salubre Ecclesiae et universitati ibi statuendum quod tamen omnes fefellit through the Prelates and Clergies cowardise and the kings overmuch compliance with the Pope the Nobles only continuing constant in their oppositions against these papal exactions and enormities being more zealous for the Churches Clergies Prelates liberties against the Popes intolerable exactions oppressions incroachments than they themselves and the only persons who manfully and constantly maintained them when the King Prelates and Clergy through fear cowardise and treachery betrayed and deserted them Anno 1264. Pope Urban being much incensed against the BARONS spoiling the goods of Ecclesiastical persons who were Aliens advanced by his provisions said That he desired to live no longer but till he had subdued the English whereupon he sent a Legate towards England a great Person to wit Sabin a Bishop Cardinal to interdict the Land and excommunicate THE BARONS the oppugners of his Provisions But when he would have entred England he found he could not safely do it by reason of the Barons resistance Whereupon citing some Bishops of the Realm first to Ambayonne and afterwards to Bononia Sententiam excommunicationis et interdictionis super Civitatem Londoniae et 5. Portus necnon quasdam personas illustres ET NOBILES REGNI fulminatum commisit exequendam At illi Sententiam illam contra justitiam illatam attendentes appellarunt ad Papam ad meliora tempora vel ad generale Concilium necnon et supremuÌ„ judiceÌ„ certis de causis et rationibus commendabilibus Quae postea appellatio in Anglia congregato apud Radingum Concilio recitata est et ab Episcopis et Clero approbata et executa Interdictum autem licet inviti suscipientes a Legato praedicti Episcopi secum detulerunt Sed cum applicuissent Doveriae scrutinio ex more in portu facto intâ—â—â—eptum est a Civibus et in minutias dilaneatum jactatur in mare So little did they then regard and so much detest and scorn the Popes unjust Interdict in so just a cause An. 2 E. 1. Rot. Fin. m. 9. in Sched Cook 4 Inst p. 13. Pope Gregory by his Letters demanding the rent of 1000. marks by the year of K. Ed. the 1. reserved for England upon his regranting the Realm to King John the king writ thus to him Se sine PRAELATIS ET PROCERIBUS REGNI NON POSSE RESPONDERE quod jurejurando in coronatione sua fuit astrictus QVOD JURA REGNI SUI SERVARET ILLIBATA nec aliquid quod Diadema tangit Regni ejusdem absque ipsorum requisitus consilio facere And the Parliament being ended he could doe nothing without them who afterwards gallantly opposed his usurpations as will appear by this following president King Edward the 1. in the 29. year of his reign being summoned by the Pope by himself or his Proctors to declare his right to the Realm of Scotland in his Court at Rome where he should receive justice concerning it The King thereupon called a Parliament to consult about it where he refused to return any answer by himself but committed it to the Earls and other Lords of the Land to return the Pope an answer thereunto Who making a large and learned Historical Remonstrance of the subjection of Scotland and her Kings to the Kings of England and of their Homage done to them in all ages as their Soveraign Lords sent it to the Pope with this notable Letter signed as Mat. Westminster and Sir Edward Cook inform us with no less than 100 Seals of Arms of Earls and Barons in the name of the whole Parliament and Kingdom Sancta Romana Ecclesia per cujus ministerium fides Catholica in suis artibus cum ea ut firmiter credimus et teneamus maturitate procedit quod nulli praejudicare sed singulorum jura conservari velit illaesa Sane convocato nuper per Serenissimum Dominum nostrum Edwardum Dei gratia regem Angliae illustrem Parliamento apud Lincolniam generali idem Dominus noster quasdam literas Apostolicas quas super certis negotiis conditionem et statum Regni ex vestra parte receperat in medio exhiberi ac
seriose nobis fecit exponi Quibus auditis diligenter intellectis ita sensibus admiranda quam hactenus inaudita in eis audivimus contineri Scimus enim Pater sanctissime et notorium in partibus nostris ac nonnullis aliis non ignotum quod à prima institutione Regni Angliae Reges ejusdem regni tam temporibus Britonum quam Anglorum superius directum Dominium regni Scotiae habuerunt in possessione vel capitanei superioritatis et recti Dominii ipsius Scotiae successivis temporibus habuerunt nec ullis temporibus ipsum regnum in temporalibus pertinuit vel pertinet quovismodo ad Ecclesiam supradictam Quinimo idem Regnum Scotiae dicti Regni nostri Regibus Angliae atque sibi faeodale extitit ab antâ—quo Nec etiam Reges Scotorum Regnum aliis quam Regibus Angliae subfuerunt vel subjici consueverunt neque Reges Angliae super juribus suis in regno praedicto aut aliis suis temporalibus coram aliquo judice ecclesiastico vel saeculari ex Praeeminentia status suae Regiae dignitatis et consuetudinis cunctis temporibus irrefragabiliter observatae responderunt aut respondere debebant Vnde habito tractatu et deliberatione diligenti super contentis in Literis vestris memoratis communis concors unanimus omnium nostrum et singulorum consensus fuit et erit inconcusse Deo propitio in futurum quod praefatus Dominus noster Rex super juribus Regni Scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram Vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat nec ad praesentiam vestram Procuratores aut nuncios ad hoc mittat praecipue cum praemissa cederent manifeste in exhaeredationem juris coronae Regni Angliae et Regiae dignitatis ac subversionem Status ejusdem Regni notoriam necnon ad praejudicium Libertatis Consuetudinum et Legum paternarum ad quarum obfervationem et defensionem debito praestiti juramenti astringimux et quae manutenebimus toto posse totisque viribus cum Dei auxilio defendemus Nec enim permittimus nec aliqualiter permittemus sicut non possumus praemissa tam insolita tam indebita praejudicialia alias inaudita praelibatum dominum regem etiam si vellet facere seu modo quolibet attemptare Quapropter sanctitati vestrae humiliter supplicamus quatenus eundem nostrum dominum Regem qui inter alios Principes orbis terrae Catholicum se exhibet et Romanae Ecclesiae devotum jura sua Libertates et Consuetudines et leges praedictas abique diminutione et inquietudine pacifics pofâ—idere as illibata persistere benignius permittatis A most noble heroical loyal magnanimous Resolution of all the English Peers to their King and Country even against the Popes incroachments on them though then their Ghostly Father Anno 1307. King Edward the 1. held a Parliament ar Carlisle in quae per Majores regni graves deposita sunt querimoniae de oppressionibus Ecclesiarum et Monasteriorum multiplicibus extortionibus pecuniarum per Clericum Domini Papae Magistrum Gulihelmum de Testa noviter in regnum inductis praeceptumque est eidem clerico DE ASSENSU COMITUM BARONUM ne de caetero talia exequatur Ordinatum etiam erat quod pro remedio super hiis obtinendo ad dominum Papam assignati mitterentur Nuncii I shall close up this point with one memorable example more Anno 1312. there being a great difference between King Edward the 2. and his Nobles about his recalling Peter Gaverston after a double exile by sentence of the Lords in parliament who took up arms to expell him by force and desired the King to confirm and execute certain Ordinances they had made else they would by strong hand compell him thereunto hereupon the Popes two Legates then in England came with the rest of the Prelats of England and Earl of Glocester to St. Albans to mediate a Peace between the King and Lords from whence they sent their Clerks to Warhamstede where the Barons then lay with their Army cum Literis summi Pontificis eis pro pace roganda directis Magnates audientes extraneos eis Literas apportate ipsos quidem pacifice receperunt sed literas recipere noluerunt dicentes se non esse literatos sed armis militia exercitatos et ideo videre literas non curarunt Tunc qui missi fuerant requisierunt si placeret eis habere colloquium cum Dominis suis Domini Papae nunciis qui pro pace reformanda personaliter accedere cupiebant Ad haec PROCERES responderunt Se in regno multos habere probos literatos Episcopos quorum consiliis uti volebant et non exâ—rancorum quibus non esset cognita causa commotionis suae praeciseque dixerunt se nullo modo permissuros ut aliquis alienigena vel forensis intromitteret de factis suis aut quibuscunque negotiis eos tangentibus infra Regnum So much did the Lords then slight the Popes Letters and Legates Nuncii Domini Papae tali modo perterriti in crastino summo manè iter versus Londonias maturarunt qui apud Sanctum Albanum loci commoditate illecti moram traxisse per Mensem vel amplius cogitaverant And so intermedled no more therein The same year Henry de Lacy Earl of Lincoln lying upon his death-bed used this Speech to Thomas Earl of Lancaster his Son-in-law heir to 5. Earldoms Quomodo Deus eum prae cunctis in regno ditaverit honoraverit gloriae fecerat abundare Quapropter ait et Deum diligere te et honorare prae caeteris obligaris Cernis Sanctam Ecclesiam Anglicanam honorabilem quondam et liberam per Romanorum Oppressiones Regum hujus regni injustas Exactiones proh dolor ancillatam Vides plebem regni Tributis Tallagiis apporiatam de conditione Libertatis in servitutem actam a true character of our times after all our wars for Liberty and Property Cernis regni Nobilitatem quandoque toti Christianitati venerabilem jam ab alienigenis in terra propria vilipensam Adjuro te igitur per nomen Christi ut virum induas exurgas et eriges te ad honorem Dei Ecclesiae et patriae liberationem adhibeasque tibi virum strenuum nobilem prudentem Guidonem Warwicensem Comitem cum necesse fuerit de regni tractare negotiis qui consilio praeeminet et maturitate pollet Non verearis insurgentes adversantes tibi dimicaturo pro veritate Si his meis monitis acquieveris in aeternum honorem gloriam consequeris Whereupon this Earl pro relevanda sanctae matris Ecclesiae oppressione et recuperanda regni debita libertate confederated with divers other Earls and Nobles who electing him for their General regni Nobilium communi decreti sententia Then they sent Messengers to the K. to
unless a Peer by birth or creation those who are called to it only by general or special Writs not being formerly for life or inheritance Peers Nobles or holding by Barony of the King being only Assistants to the Lords as the Judges and others usually are not Members having votes It is the opinion of Sir Edward Cook in his Institutes on Littleton That if the King call any Layman to the Vpper house of Parliament generally by his Writ which he there recites that this alone doth create him a Baron and Lord of Parliament in fee simple without the word heirs and ennoble both himself and his heirs after him so as to make them hereditary Barons And this is the received opinion of most Grandees of the Law relying only upon his bare Ipse dixit though sometimes mistaken in his Judgement and frequently in his Records and Presidents whereon hee grounds his Opinion although he cites no president nor record at all to make good his Assertion in this case But under the favour of this Great Oracle of Law I conceive this Opinion of his to be no Law at all but a meer mistake for these ensuing reasons 1. Because there is not one word or syllable in this general Writ of Summons that gives him either the Name Title Honor or Dignity of a Lord or Baron of the Realm Therefore it cannot in Law or reason create him such a one If he were a Knight an Esquire a Master or Gentleman or Judge when the Writ was directed to him it gives him only that Title and summons him only by it without stiling him a Lord Baron Earl Viscount or Peer of the Realm at all Therefore it cannot ennoble nor create him one much less ennoble his posterity and give him an hereditary Barony without the word heirs since the Writ is only personal directed to himself alone 2. Because the Kings end and intention in summoning him to Parliament by this Writ is not to ennoble and create him a Lord Peer or Baron much less to ennoble his Posterity after him but only to consult and treat with him and the Prelates Lords and Nobles of the Realm concerning the affairs there propounded As this clause of the Writ demonstrates which only must ennoble him and his heirs if any to come to the Parliament at such a day and place that so the King may VOBISCUM with him not his heirs cum Praelatis Magnatibus Proceribus dicti regni nostri colloquâ—um habere tractatum Which word VOBISCVM being distinguished from cum Praelatis Magnatibus Proceribus Regni can not possibly create him a Lord or Baron no more than a Prelate of the Realm the rather because the word Baro is not in the Writ Neither can the following clause create him one Viz. dictis die loco personaliter intersitis Nobiscum cum Praelatis Magnatibus Baronibus supradictis super dictis Negotiis tractaturis vestrumque Consilium impensuris because it neither gives him the name nor stile of a Lord or Nobleman much less of a Baron no more than of a Prelate and summons him not to be a Lord Earl Prelate or Baron of the Realm but to be personally present with them which he may be though a private person and no Lord and to treat and give his advice with them concerning the businesses there propounded the only end for which he is summoned not to be their fellow Peer Lord or Baron So that it is against all sence and reason to aver that such a general Writ as this can create himself much less his Posterity Lords or Barons of the Realm in perpetuity It is a rule in Law and oft resolved That the Kings grant shall not inure to two intents nor pass or give two things at once especially when one of them only is expressed the other not Therefore this writ of the King shall not-doe it to create the party summoned a Baron meerly by implication which is not expressed and to summon him to conferr treat and give his advice in Parliament which is the only thing intended and clearly expressed 3ly The Writ summons him only to that particular Parliament then to be held at one certain day and place not to any other much less to all future Parliaments to be held Therefore it cannot create him and his heirs hereditary Barons and Members of the Lords House no more than the Writ for electing Knights Citizens and Burgesses for that particular Parliament makes them and their posterity Knights Citizens and Burgesses of Parliament for perpetuity It being both contrary to the words and intention of the Writ to make him much less his heirs Members of all succeeding Parliaments to which they must still be summoned by New Writs 4ly No Lord or Baron is or can be legally created but of some particular place Town City or the like whereof he is stiled Earl Lord or Baron But the general writ of summons gives him no such particular stile or title of dignity confined to such a certain place Therefore it cannot create him either a Lord or Baron or if it doth it must be sine titulo which were absurd 5ly No Duke Earl when created Viscount Lord or Baron is or can be created a Peer of the Realm by the Kings Letters Patents for life in tayl or see simple without expresse words in the Patent creating him such a one for life or him and the heirs males of his body or his heirs in general Dukes Marquesses Viscounts Earls Lords or Barons of such a particular place as all their Patents whereof you have sundry Presidents in Mr. Seldens Titles of honour lib. 2. ch 5. throughout and our books of Heraldry plentifully manifest And in all late Patents of creation since 20 H. 8. of any Dukes Marquesses Earls Viscounts or Barons there is a special clause inserted enabling them and their heirs males and every of them to have hold and possess a seat and place in the Parliam of us our heirs and Successors within the Realm of England among other Dukes Marquesses Earls Viscounts Lords and Barons of the Realm as a Duke Marquesse Earl Viscount Lord or Baron as Mr. Selden and their Patents inform us and I have formerly touched p. 49. If then the king by his Letters Patents cannot create men Nobles and Peers of Parliament for life in tail or see simple without these special and particular clauses then by the self same reason he cannot create them such by his writ unlesse it hath such special words and clauses in it and not by the general writ of summons forementioned wherein there is not one clause or syllable tending to such a particular personal or hereditary creation The rather because Sir Edward Cook himself confesseth that the Creation by Letters Patents is the surer though by writ be the antienter way for he and his posterity may sufficiently be created and made Noble by Letters Patents though he to whom they
and otherwise punished for their contempt because bound therto by their voluntary acceptance of such a special Patent and dignity But if they be summoned only by a general Writ against their wills being no Lords of Parl. by special Patent or Writ before this doth neither make the one nor other Barons nor ennâ—ble their heirs males or successors nor oblige them to serne nor subject them to any fine for contempt for then the King by his Writ might summon all the Knights Esquires Gentlemen and any other Commoner Freeman Lawyer Clergy man of the Realm to the Lords House as a Member at his pleasure and fine them for a contempt in not appearing and thereby increase that House in infinitum and make it a mungril House of all sorts of degrees and professions of men instead of aâ— House of Lords to its utter subversion against the fundamental constitution and privilege of that House Therefore such Writs of summons must be void and null in Law as well as the Patent to Abbot Banham as Sir Ed. Cook asserts it for that he was neither Baro nor held per Baroniam Now whereas he asserts That Knights and Esquires who hold not by Barony cannot refuse when summoned by Writ to serve the King in Parliament but yet Abbots and other regular Prelates that hold not by Barony may because they are dead in Law as to secular affairs and therefore not capable to have voice in Parliament unless they hold by Barony and were called by Writ This reason of the difference is most absurd and unreasonable For 1. They are both Subjects to the king alike and so both equally obliged to serve and counsel him in Parliament 2ly If their tenures by Barony could make them capable to have place and voice in Parliament though dead in Law quoad secularia then much more the kings and the kingdoms need of their presence counsel and advice in Parliament touching the weighty affairs concerning himself and the defence and preservation of the Realm and Church of England when specially summoned by his writ to Parliament 3ly Though they were dead in some sence only in respect of their natural capacities to the world yet in their politick capacities they were not so but secular still to sue purchase advise c. as well as Laymen in the right of their Houses 4ly Parliaments being always summoned as well to advise of Ecclesiastical things touching the Church as of temporal things concerning the Realm of England their being dead to the world quoad secularia could no more enable them to refuse to serve in Parliament then Laymen quoad Ecclesiastica negotia therein treated of which concerned the Church and Laymen according to the doctrine in Popish times might as well refuse to serve in Parliament when summoned because they were no Ecclesiastical or religious persons who were properly to consult of the affairs of the Church of England as religious persons be exempted from and refuse to serve therein because dead to the world quoad secularia negotia concerning the King and Realm of England there debated and consulted of 4ly The true and only ground then why such Abbots Priors and all other Clergy men who held not by Barony might refuse to serve in the Lords House of Parliament when summoned by Writ was this that they held not of the King by Barony and upon this ground alone the Abbot of St. James without Northampton summoned to Parliament by Writ Anno 12 Ed. 2. upon his Proctors appearance and Petitions for him in Parliament recorded at large by Mr. Selden out of the Leger-book of the Abby worthy perusal being most full in point was discharged from his attendance his name struck out of the Roll and Register of the Chancery by the Chancellor and his Council as not one of the list of those who ought to be summoned for this very reason because NON TE NET PER BARONIAM nec de Rege in capite sed tantum in puram perpetuam Eleemosynam nec ipse Abbas nec Predecessores sui unquam in Cancellaria irrotulari fuerunt except only in 49 H. 3. m. 10. Schedula voluntarie nec ad Parliamentum citati hucusque VNDE PETIT habuit remedium And upon the self same reason the Abbot of Leicester and his successors were by special Patent in 26 E. 3. de veniendo ad Parliam Consilia nostra et haeredâ—m nostrorum de caetero quieti sint et exempti in perpetuum hough this Abbots predecessors had formerly been summoned to and sate in Parliaments interpolatis vicibus but noâ— continuè because idem Abbas aliquas terras senteâ—ementa de Nobis per Baroniam seis aâ—o modo non tenet per quod ad Parliamenta seu Consilia nostra venire teneatur The King reciting this as the only ground of his exemption and thereupon Nolentes Abbatâ—m indebite sic vexari granted him and his successors this Patent of Exemption upon which his name was cancelled in the Clause Roll of 25 E. 3. part 1. m. 5. dorso and this written in the margin against it Abbas Leicestriae cancellatur quia habet cartam Regis quod non compellatur venire ad Parliamentum And that of Dors Claus 11 E. 3. par 2. m. 11. 13 E. 3. par 2. m. 28. 1. cited by Mr. Selden Sir Edw. Coke in his Margin mentioned in a Bill in Parliament Que toutes les religioses que teignont per Barony sayent tenus de venier au Parlament is also direct iâ— point That those who hold not by Barony are not bound to serve in Parl. be they Religious persons or Lay persons who are not Peers or Lords of Parliament upon general writs of summons such Summons of them being AN UNDUE VEXATION OF THEM as King Edward stiles it in his Patent unless they voluntarily appear upon such a Summons as this Patent informs us those who were summoned in 49 H. 3. all did This reason therefore exempting all Abbots Peers and religious persons from service and attendance in the Lords House in Parliaments though summoned thereto by writ must necessarily exempt all Knights and Laymen from it there being the self same ground justice equity for it in both yea the selfsame unjustice vexation mischief to both and by consequence the selfsame Law And if this be Law as these Presidents Judgements Records expresly resolve it to be beyond contradiction Then it inevitably follows that the General writ of Summons to Parliament alone doth neither create the persons summoned to it nor their heirs or successors Barons Lords or Peers of the Realm unless they hold by Barony no although they sit once or twice in Parliaments by vertue of them or interpolatis vicibus but not continue as the Abbots of Leicester did for then they could not allege or plead their not holding Lands of the King in Barony or any other tenure binding them to sit and serve in Parliament
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
59. The same year Majores natu Angliae et Magnates terrae congregavit Londonii by whose advice hâ— maried Mawde daughter of the King of Scots right heir to the crown of the Saxon line and anointed and crowned her Queen there being a great debate whether she might lawfully marry having worn a veil â—n a Monasteâ—y whiles she was young which was resolved in a Council at Lambeth where Episcopi Abbates Nobiles quique ac religiosi ordinis viri were aâ—embled â—o deâ—cide iâ— who upon debate resolved she might lawfully marry as Eadmerus records at large The next year Anno 1001. Duke Robert returning from the holy Land and laying claim to the Crown of England as right heir and eldest Brother thereupon King Henry PRINCIPES suspectos habentes ne à se instabili ut sit fide dissilirent and they suspecting him ne undique pace potitu in se legibus efferatis desaeviret actum ex consulto est ut certitudo talis exinde fieret quae utrinque quod verebatur excluderet Sed ubi ad sponsionem fidei ventum est TOTA REGNI NOBILITAS assembled in a Parliamentary Council cum populi numerositate who depended on their advice Anselmum inter se regem medium fecerunt quanta ei vice sui manu in manum porrecta promitteret Iustis et Sanctis Legibus se totum regnum quoâ—d viveret in cunctis administraturum After which when as upon the report of Duke Roberts arival Statim MAJORES REGNI quasi suae sponsionis immemores ad illum relicto Rege semet transferre parabant Whereupon Anselm AD UNATIS PRINCIPIBUS CUNCTIS shewed to them and after that to the whole multitude of the Army who came about them quam execrabiles Deo et omni bono homini forem qui fidem quam Principi suo debebant quoquo modo â—iolarent Whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere quam violata fide sua Regem seducere After which PRINCIPES utrinque fratrum non ferentes dissidium colloquium inierunt pio circumspâ—cto consilio MVTUUM ET GENERALE and by the Mediation of the NOBLES on both sides an accord was made between the King and his Brother Robert propter manifestum jus quod habuit ad regnum possidendum that Robert should receive 3000 marks yearly from England and that the longest liver of them should be heir to the other if he died without issue male Hoc autem PER 12 MAGNATES juratum fuit utrinque Anno 1202. there fell out a difference between the King and Anselm touching investitures of Bishops Anselm refusing to consecrate any Bishop Abbot or Clerk who received investitures from the King or the hand of any Layman being against the Decree of the General Council of Rome whereupon the King sent for him to his Court where this business was at large debated EPISCOPIS REGNI PROCERIBUS QUE verba hinc inde ferentibus in singulis Regiae voluntati parere certantibus imo ne Romanae Pontificis obedientiae subderetur summopere â—insistentibus Not long after the King by other Letters summons Anselm to appear at Winchester to compose this difference Ubi EPISCOPIS TERRAE QUE PRINCIPIBVS sub uno coactis COMMUNI ASSENSU apud Anselmum actum est Nuncii prioribus excellentiores ex utraque parte Romam mitterentur Romano Pontifici viva voce exposituri illum aut à sententia decessurum aut Anselmo cum suis extra Angliam pulso totius regni subjectionem et commodum quod inâ—e singulis annis habere solebat perditurum Which being accordingly pursued and faventibus simul et incitantibus Regem Episcopis regnique Proceribus he commanded Anselm to promise to doe him homage and consecrated all those to whom he had given investitures without retractation The same year 1102. Celebâ—atum est generale Concilium Episcoporum et Abbatum totius Regni at St. Peters Church on the West side of Loâ—don rege annuente huic conventui affuerunt Anselmo Archiepiscopo petente a Rege Primates Regni quatenus qui qu dâ—ejusdem Concilii authoritate â—ecernectur utriusque ordinis concordi cura et sollicitudine ratum servaretur Sic enim necesse erat c. In which Council there were many Laws and Canons made for regulating the Church Monks and Clergy communi consensu Episcoporum et Abbatum et Principum totius Regni Principes Regni omnes tam Ecclesiastici quam secularis ordinis being present at it as the marginal Authors attest but no Commons Knights or Burgesses Not long after the same year Anselm peremptorily refusing to consecrate those Bishops whom the King invested with a pastoral Staff and Ring and some of them resigning them as unlawfull and publikely refusing to be consecrated by such an investiture from the king to his great dishonour and prejudice of his royal right and prerogative the king thereupon repaired to Canterbury where Anselm and he had a sharp contest At last he requested An elm to goe in person to Rome to procure the Pope to reverse his decree against investitures ne ipse perdendo suorum jura Antecessorum eis vilior fiat who desired that this businesse might be deferred till Easter ut audito Episcoporum Regnique Primatum Consilio qui modo non assunt respondeam hinc Which being granted Anselmus in Pascha Curiam venit regni ingenuitatem de negotio praesens consuluit COMMUNIS CONCILII Vocem unam accepit so Eadmerus Convenitur a Rege EPISCOPIS ET MAGNATIBUS so Malmesbury relates it ut ipse Romam dignatur proficisci quod alii minus egerant sua praesentia suppleturus who thereupon consented to goe NE CUCTORUM VOLUNTATI DEESSET Mat. Paris Matthew Westminster and others write that he was then banished out of England for his obstinacy Regis injusto judicio and all his temporalties seised which Eadmerus and others write was not done nor executed till after the Popes Decree against the Right of investitures passed against the King and Anselms departure from Rome towards England when the King prohibited him to return into England unless he would submit to doe him homage and consecrate Bishops by his investiture as all our Historians accord Anno 1106. Duke Robert coming to his Brother King Henry the 1. into England to Northampton to deâ—ire him to restore his Brotherly affection to him whereof he had deprived him but could not obtain it Rex itaque Henricus sentiens conscientiam suam in obtentu regni cauteriatam erat quippe eleganter literatus utpote a primaeva aetate praecepto patris addictus literis jam in jure quod audierat secreto expeditus coepit in semetipso impetus insurgentium formidare Dei judicium in ipsum fulminare eo quod fratri suo primogenito cui jus regni manifeste competebat temere usurpando injuste nimis abstulerat Sed plus timens
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
ut rex ipsis omnibus qui in eorum comitiva arma moverant literas patentes indemnitatis concederet ne pro transgressionibus transactis vel praesentibus a rege seu quovis alio futuris temâ—oribus punireâ—ur Ad haec dominus rex respondit quod Hugo le Spencer pater in suo negotio mare transierat Hugo junior in mari ad custodiendum quinque Portus prout ex officio renebatur qui de jure vel consuetudine exulare non debent ante responsa data per eosdem Adâ—câ— praeâ—ereâ— quod eorum petitio juris rationis fundamento carebat eo maxime quod dicti Hugo senior Hugo junior parati semper fuerant omnibus de se conquerentibus in forma juris respondere si probare possent eos in aliquo statuta terrae laesisse parati semper suerant legibus regni parere Postremo cum juramento addidit quod noluerit sacramentum violare ad quod astrictus fuerat in Coronatione sua concedendo literas pacis et indulgentiae tam notorie delinquentibus in suae personae contemptum et totius regni perturbationem et majestatis regiae laesionem Hiis auditis Proceres acti in â—uâ—iam confesâ—im ad arma rosiliunt milites quidam super armatura cotiâ—cas induerunt vocatas quarteloys Armigeri vero indumenta bendas habuerunâ— quibus indumentis expost induti tracti sunt suspensi plurimide procerum Comitiva Cum fastu igitur pompa nimia Barones Londonias adierunt hospitatique in suburbia civitatis manebant pacifice donec licentiam ingredi civitatem obtinuissent obtento a rege civitatis ingressu Magnates sicut prius in petitione sua fortiter perstiterunt Tandem interveniente regina praefatis episcopis laudabiliter mediantibus rex inductus est propter werrae periculum evitandum ut condescenderet votis petitionibus Procerum praedictorum Edictoque super hiis per comitem Herefordiae in aula Westmonasterii publicato Hugo senior in exilium actus est Sed Hugo junior in diversis locis latitans in Anglia in mari permansit The Clause Roll of 14 E. 2. m. 17. Schedula records the proceedings with this addition that King Edward the 2. having summoned the Lords to come to a Parliament with the rest of the Council at Glocester Humfry de Boun Roger de Mortimer and their confederates refused to come upon the Summons for fear of Hugh Spencer who was made Chamberlain in pleno Parliamento 12 E. 2. at York desiring that he might be committed and kept in safe custody till the Parliament for they weâ—e unwilling to come to him so long as he was with the King The King said he much wondred at this their carriage in regard Spencer was never questioned in any other Parliament since he was made Chamberlain for any misdemeanour ignorare non debetis nec potestis quod mandata nostra omnibus singulis ad Nos ad hujusmodi mandata nostra convenientibus protectâ—o desensio sunt debent secundum legem et consuetudinem Regni nostri As for removing Spencer from him which they desired he said it were unjust and of ill example aliis Ministris nostris sâ—ipsum amoveremas à Nobis totaliter sine causâ— Praefâ— uâ— vero Hugonem sive quemaâ—is alium Custodiae sine causa committere non possumus nec debemus cum hoc esset conira tenorem Magnae Chartae de libertatibus Angliae et contra Communem Legem Regni nostri ac contra Ordinationes made by himself and the Lords in Parliament Idem enim Hugo se protulit plane ac publice coram Nobis ad respondendum in Parliamento nostro alibi prout debuit querelis nostri siâ—gulorum aâ— ipso conqueretium volentium ad standum inde recto c. And thereupon he commands them to come and treat cum caeteris de Concilio at Oxford whereas it appears by the Dorse of this Roll he had formerly summoned them and the rest of the Council to Glocester whether these Earls refused to come Claus 15 E. 2. dorso 32. The whole proceedings against the Spencers in Parliamen are at large recorded but cancelled by order of the Parliament at York They were sent to every Court to be inrolled and the writ recites thar their judgement was per pares in praesentia Regis Soon after the same year the King summoned a Parliament at York on the 3. of September where this judgement against the Spencers was questioned as erronious and being referred to the consideration of the Provincial Council of Canterbury they conceived it to be erronice factum because the Spiritual Lords never assented to it neither could they doe it because it was Jndicium sanguinis for if they submitted not to the exile they were to be proceeded against as Enemies to the King and Realm After which the King and some of the Lords had the sentence read to them and they said It was erroniâ—ous The Earls of Richmond Pembroke and Arundel said They gave their voyces for fear of the other Noble mens power and the Judges said Consideratio praedicta fuit contra Legem consuetudinom regni The King writes down all this and then sends to some of the Bishops that were absent from the Council to know their minds 4 Januarii who concurring in judgement with the rest thereupon the Process Judgement and Act against the Spencers was nulled and made void before the King Lords and Commons who were consenting to it before 1. Because they were not called to it to make their defence 2ly Because the Lords Spiritual who were Peers assented not to it 3ly Because against MAGNA CHARTA the franchises of England Nullus liber homo utlagetur c. 4ly Because the Faults were not sufficiently proved 5ly Because the Lords in the Kings absence of their proper authority usurping to themselves royal power had given the judgement of his royal assent with the assent of the Lorâ—s and Commons without his privity and against his will The judgement and process of this repeal and nulling their sentence were sent by Writ into every County to proclaim and to null and cancel the first judgement A little before which Parliament Thomas Earl of Lancaster and sundry other Lords Knights and Gentlemen for adhering to him and levying war against the king were arraigned impeached before the Lords and commanded to be hanged drawn quartered and beheaded Comitum et Baronum Consilio as Walsingham relates without the Commons peculiar assent and accordingly executed Anno 1326. Hugh Spencer the younger notwithstanding the repeal of his exile being taken by the Kings forces was brought to Hereford and there arraigned publiquely before William Trussel a Judge His inditement is at large recorded in the Chronicle of Leicester and in Henry de Knyghton de Eventibus Angliae l. 3. c. 15. col 2547. c. beginning thus Hugo de Dispencere En Parlement nostre
the Attainders repealed by Bill afterwards In the Parliament of 25 H. 8. c. 12. Elizabeth Barkin Richard Master Edward Barkin and sundry others were attainted and condemned of High Treason John Fisher Bishop of Rochester Thomas Gold and others of misprission of High Treason by Act of Parliament In the Parliament of 28 H. 8. c. 7. Queen Anne George Lord Rochford Sir Henry Norris Sir Francis Weston William Breerton Esquire and Mark Sutton were convicted and attainted of High Treason and their lands forfeited by Bill In the Parliament of 32 H. 8. Thomas Lord Cornwell was convicted and attainted of High Treason by Bill against Law and the great Charter without ever being called to answer or any legal hearing for the Treasons therein expressed according â—o his own intentions to have thus proceeded against others without legal tryal In the Parliament of 33 H. 8. c. 21. Queen Katherine Jane Lady Rochford were convicted and attainted of High Treason by Bill to which Act the king was enabled to give his royal assent by Letters Patents signed by him under his hand with his great Seal notified and published in the HIGHER HOUSE to the Lords Spiritual and Temporal and the Commons there assembled without comming to the House in person to give his royal assent thereto In the Parliament of 2 3. Ed. 6. ch 17. Sir william Sharington Knight being indicted and attainted of High Treason for forging and coyning of mony called Testons his attainder was confirmed by Act of Parliament and his lands forfeited And ch 18 Sir Thomas Seymor Lord Seymor of Sudley and high Admiral of England for his trayterous aspiring to the Crown of this Realm and to be King of the same and for compassing and imagining by open Act to deprive the King of his royal estate and title of his Realms and for compassing and imagining the death of his Noblemen and most trayterously to take away and destroy all things which should have sounded to the let or impediment of this his most trayterous and ambitious enterprise as the Act recites and for other his misdemeanors innumerable untruths falshoods deceiptfull practises outrages against the King oppression manifest extortion upon the Subjects of the Realm was adjudged and attainted of high Treason by Bill and to sustain such pain of death and other forfeitures aes in cases of High Treason have been used being a Member so unnaturul unkind and corrupt and such a heynous offender of his Majesty and his Laws that he cannot nor may not conveniently be suffered to remain in the body of the Commonwealth but to the extreme danger of the Kings Highness being the head and of all the good Members of the same and of too pernicious and dangerous example that such a person so bound to his Majesty by sundry great benefits and so forgetfull of them and so cruelly and urgently continuing in his false and treacherous intents and purposes against his Highness and the whole estate of his Realm should remain among us In the Parliament of 1 Mariae ch 1. the Attainder of Queen Katherine is reversed by Bill and ch 16. the Attainders of John Duke of Northumberland Thomas Cranmer Archbishop of Canterbury William Marquess of Northampton John Earl of Warwick Sir Ambrose Dudley with other Knights and Gentlemen formerly convicted and attainted of Treason according to the Law of the Realm for their detestable and abominable Treasons in proclaiming and setting up Queen Jane to the peril and great danger of the person of Queen Mary and to the utter loss disherison and destruction of the Realm of England if God in his infinite goodness had not in due time revealed their trayterous intents as the Act recites at the Petition and with the assent of the Lords Spiritual and Temporal and Commons in Parliament were confirmed and ratified by a special Act. In the Parliament of 29 Eliz. c. 1. the Attainders of Thomas Lord Paget Sir Francis Englefield and sundry other Knights and Gentlemen who were lawfully indicted convicted and attainted of many unnatural detestable and abominable Treasons to the fearfull peril and danger of the destruction of the Queens Majesties person and of the Realm were confirmed by a special Act and ch 3. there is another Act to avoid fraudulent assurances made in certain cases by Traytors In the Parliament of 3 Jacobi ch 2. Sir Everâ—rd Digby Robert Winter Guy Fawkes Robert Catesâ—y and all the rest of the Gunpowder Traytors who undertook the execution of the most barbarous execrable and abominable Treason that could ever enter into the hearts of most wicked men by blowing up the Lords House of Parliament with the King Queen Prince Lords Spiritual and Temporal Judges Knights Citizens and Burgesses of Parliament therein assembled were attainted of High Treason and their former attainders and convictions confirmed by a special Act And in this very last Parliament the Earl of Strafford Lord Deputy of Ireland and William Laud Archbishop of Canterbury after judgement of high Treason upon their several impeachments and trials given against them by the Lords in their House were likewise attainted of Treason and their judgements ratified by a special Bill and Ordinance to which the Commons assented as well as the Lords their assents to Attainders by way of Act or Bill being so necessary that if the King in Parliament Wills that such a man shall be attainted of Treason and lose his lands and the Lords assent and nothing is spoken of the Commons in the Bill this is no Act nor good Attainder in Law and the petson shall be restored by the opinion of all the Judges 4 H. 7. f. 18. Broke Parliam 42. Fitz. 3.7 H. 7.14 11 H. 7.27 Broke Parliam 107. Plowden 79.32 H. 6.18 As the Commons in our English Parliaments have assented to all these and some other Bills and Acts of Attainder cited in Sir Edward Cooks 4 Institutes ch 1 2. and Mr. St. Johns Argument at Law concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford printed by Order of the Commons House 1641. So I find that the Commons in Ireland have done the like in the Parliaments held in Ireland as the Printed Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others of High Treason 11 Eliz. ch 1. for the Attainder of Shan O Neyle and others of High Treason of 13 Eliz ch 6. 7. for the Attainders of Fiâ—zgerald and others of High Treason Of 27 Eliz. ch 1. for the Attainders of Iames Eustace and others of High Treason of 28 Eliz. ch 8. 9. for the Attainders of the Earl of Desmond John Brown and others and of 11 Jacobi ch 4. for the Attainders of the Earl of Tyrone and others of High Treason for their several rebellions insurrections wars against their Soveraigns and other Treasons mentioned in these respective Acts abundantly evidence But yet the Commons assents to all these Bills
assembled a Council of the Nobles of his Realm at whose inteaty he granted him Christian burial but for this his Treason they confiscated all his Lands great and small to the King who by their consent granted them all to the Abbey of Malmsbury by his Charter wherein he recites Elfreds Treason death and the judgement given against him by the Nobles adding Sciant Sapientes regionis nostrae non has praefatas terras me in iuste rapuisse rapinamque Deo dedicasse sed sic eas accepi quemadmodum judicaverunt omnes Optimates regni Anglorum et sic adjudicata est mihi tota possessio ejus in Magnis et Modicis Here we have a direct judgement given against Elfred after his death by all the Nobles of the Realm assembled in a Parliamentary Council for Treason against the King for which they adjudged he should forfeit all his Lands to the King whose seisure of them by this legal judgement was no rapine but a just and legal perquisite which he in gratitude dedicated unto God Anno 985. as some or 986. as others relate King Ethelred banished Alfric Duke of Mercia out of the Realm the cause and manner thereof not expressed by our Historians is thus recited in King Ethelreds Charter to the Abbot of Abingdon in the Leiger book of Abingdon f. 91. that Alfric had forcibly ravished and taken away Willemetrant and Syrene from a widdow named Eadfeild for which he was banished after which being recalled and made one of the Kings Admirals against the Danes Anno 992· he played the Traytor and revolted to the Danes as our Historians record for which Treason as that Charter recites quia cum Ducatu suo contra Regem Ethelredum reus exstitit omnes possessiones ejus Regis ditioni subactae sunt and that by the Lords judgement given in a COUNCIL at CIRENCESTER stiled Synodale Concilium ad quod omnes Optimates mei simul in unum convenerint et eundem Aâ—fricun Majestatis reum de hâ—c patria profugum expuâ—erunt by whose Judgement as he seised his Dukedom and Lands there adjudged to be forfeited for his Treason it is likewise probable he caused the Eyes of Algarus son of this Traytor Alfric to be put out Anâ—o 993. when this Council at Cirencester was held as I conjecture In a great Parliamentary Council held at Oxford Anno 1015. King Ethelred caused some Nobles of the Danish race whereof Sygeforth and Morcar were chief to be suddenly and secreâ—ly slain and put to death as being noted and accused of Treason and Perfidiousness towards the King who thereupon seised upon their Earldoms Lands and Goods King Cnute Anno 1017. by his precepts assembled all the Bishops Dukes Princes and Nobles of the English Nation in a Great Parliamentary Council at London where they all swore allegeance and homage to Cnute as their King totally rejected abjured Edmond Ironsides Sons and Brothers right heirs to the Crown against their former Oaths of Allegiance to them and by wicked advice adâ—udged Prince Edwin to be banished the Realm and Edmond Ironsides Sons to be sent beyond the seas to be slain by the Barbarians for which by divine retaliation â—he chiefest of them within one year after were slain or banished the Realm by King Cnute whom they endeavoured to ingratiate and secure by this their unjust sentence The Chronicle of Bromton Caxton in his Chronicle and Mr. Selden record this memorable proceeding in an Appeal of Treason against Earl Godwin in a Parliamentary Council held about the year 1043. Godwin Earl of Kent being enforced to fly into Denmark to preserve his life for the murder of Prince Alfred Brother to King Edward the Confessor hearing of Edwards piety and mercy resolved to return into England humbly to implore his mercy and grace that he might regain his lands then confiscated for it having provided all things for his journy he put to Sea arived in England and posted to London where the King then held a Parliamentary Council wiâ—h all his Nobles Comes Godwinus usque Londonias ubi Rex et omnes regni Magnates ad Parliamentum tunc fuerant properavit rogans ibi et petens amicos consanguineos suos qui post Regem majores terrae fuerunt ut gratiam et amicitiam à Rege sibi perquirere studerent Qui super hoc consilio inter eos deliberato ipsum coram Rege pro gratâ—a obtinenda secum duxerunt Sed statim cum Rex eum intuitus esset De proditione et morte Alfredi fratris sui ipsum appellavit in haec verba Proditor Godwine ego te appello de morte Alfredi fratris mei quem proditionaliter occidisti Cui Godwinus se excusando respondit Domine mi Rex salva reverentia et gratia vestra pace dominatione fratrem vestrum unnquam prodidi veloccidi unde super hoc pono me in consideratione Curiae vestrae Tunc dâ—xit Rex Karissimi Domini Comites et Barones terrae qui estâ—s homines meâ— liget modo hic congregaâ—â— appelâ—um meum responsumque Godwini audistiâ— Volo quod inter nos in ista appellatione rectum judiciam decernatis et debitam justitiam faciatis Comitibus vero et Baronibus super hoc ad in vicem tractantibus quidâ—m inter eos de justo judicio faciendo diversimodo sentiebant Alii enim aâ—cebant Quod nunquam per homagium servitium seu fidelitatem Godwinus Regi exstitit alligatus et ideo Proditor suus non fuit quod ipsum etiam manibus fuis non occiderat Alii vero dixerunt Quod Comes nec Baro nec aliquis Regi subditus bellum contra Regem in appellatione sua-de Lege potest vadiare sed in toto ponere in misericordia suâ— et emendas sibi ofâ—erâ—e competentes Tunc Leofricus Consul Cestriae probus homo quoad Deum seculum dixit Comes Godwinus post Regem homo melioris parentelae totius Angliae et dedicere non potest quin per consilium suum Alfredus frater Regis interemptus fuit unde per me considero qúod ipsemet filius suus et nos omnes 12. Comites qui amici et consanguinei sui sumuâ— coram Rege humiliter procedamus onerati cum tanto auro et argento quantum inter brachia sua quilibet nostrum poterit bajulare illud sibi pro suâ— transgresin afferendo et suppliciter deprecando ut ipse malevolentiam suam rancorem et iram Comiâ—i con onet et acceâ— t is homagio suo fidelitate terras suas sibi integre restituat eâ— retradat Illi auâ—em omnes sub ista forma thesauro se onerantes et ad Regem accedâ—ntes seriem modum considerationis eorum sibi demonstrâ—bant Quorum considerationi Rex contradâ—cere nolens quicquid judicaverant per omnia ratificavit Concordia igitur sub isto modo inter eos facta Comes statim reobtinuit integreterras
suas By this notable president it is most apparent That the Peers and Barons in Parliament were then the sole and only Judges and gave judgement in it That Peers in the Confessors reign and before were only to be tried judged by their Peers and that their Judgement and resolution was binding even to the King himself who ought to assent to and confirm their judgements given in his own Appeal and particular cases In the year of our Lord 1051. this Earl Godwin refusing to execute King Edwards unjust command to fall with his Army upon the Inhabitants of Dover upon the complaint of Eustace Earl of Boloigne whose men they slew in an affray raised by their own insolency and abuse conceiving it to be unjust to condemn and execute them before a Legal hearing trial and conviction upon a meer accusation thereupon Eustace and the Normans accused Godwin and his two sons Harold and Swain to the King that they disobeyed and went about to betray him Wherefore TOTIUS REGNI PROCERES all the Nobles of the Realm were commanded to meet together at Glocester that the business might be there debated in a Great Parliamentary Assembly Syward Earl of Northumberland Leofriâ— Earl of Mercia and all the Nobility of England there meeting upon this occasion Godwin and his two sons only absented themselves thinking it not safe to come thither without a strong armed guard upon this they raised a great Army under a pretence to curb the Welshmen marching with their forces into Glocestershire as farr as Beverston Castle Whence he sent a Message to the King to deliver up to him Earl Eustace with his Companions and the Normans and Bononians who kept Dover Castle else he would denounce war against him The King having raised a powerfull Army returned him this answer That he would not deliver them up to him withall commanding him and his Sons to come unto him on a set day to answer his raising of an Army against him and disturbing the Peace of the Realm without his license and to submit himself to the Law for the same At last to prevent a bloudy battel by the mediation of the Nobles of England engaged on both parties in this quarrel it was agreed that hostages should be given on both sides and that the King and Godwin should meet in another Parliamentary Council at London on a certain day to plead one with another where such a Council or Parliament as our English later Historians stile it being assembled Godwin and his sons were summoned to appear therein only with 12 men to attend them which they thinking both unsafe and dishonourable to them refused to appear without hostages and pledges also given for their safety refusing to surrender their Knights fees to him the King for their contempt to appear and justifie themselves in his Court of Parliament thereupon in suo Concilio communi Curiae suae judicio by the Common Council and Judgement of his Court of Parliament banished Godwin and his 5. Sons out of England and a Decree was published that they should depart wâ—thin 5. days out of England Which Judgement and Outlawry against them was given in Parliamento pleno as Radulphus Cistrensis in his Polyâ—hâ—onicon Henry de Knyghton de Eventibus Angliae l. 1. c. 11. and other Historians inform us Godwin and his Sons hereupon departing the Realm infested it both by Sea and Land till at last raising a potent Navy and Army to prevent further danger and effusion of blood the King by the COUNCIL OF HIS NOBLES assembled for that purpose reversed the unjust Judgements given against them restored them to their Lands Honors Powers and banished those Aliens who gave the King ill Counsel and incensed him against Godwin and the English King Edward Anno 1055. Habito Londini Concilio holding a Parliamentary Council with his Prelates and Nobles at London banished Algarus Son of Leofric Earl of Mercia out of the Realm Quia de Proditione Regis in CONCILIO CONVICTUS fuerat because he was convicted in the Council of Treason against the King as some Historians write yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others affirm that he was banished sine culpa without any crime at all whereupon he coming with 18 ships out of Ireland joyned with Griffin King of Wales raised a great Army and invaded England whereupon by agreement he was restored by the King to his Earldom After which Anno 1058. he was banished the second time and by thâ— ayd and assiâ—tance of Grâ—ffin restored again to his Earldom whereof he was unjustly deprived In the year 1074. Waltheof Earl of Northumberland with sundry other Earls Bishops and Abbots and other Engâ—ishmen meeting together at the mariage of Earl Ralph to the daughter of William Fitz Oâ—bert conspired together against King William the first then in Normandy to expell him out of his kingdom reputing it a great dishonour that an illegitimate Bastard should rule over them for which purpose they raised forces and confederated themselves with the Danes and Welshmen But being resisted by the Kings party and routed thereupon the King posting into England imprisoned Roger Earl of Hereford and Earl Waltheof though he revealed the whole conspiracy to Archbishop Lanfranke and submitted himself to the King before it brake out by which means it was timely suppresed The King the next Nativity of our Saviour following CURIAM SUAM TENUIT held his Court of Parliament at Westminster wherein Ex eis qui contra eum cervicem suam erexerant de Anglia quosdam exlegavit quosdam eruâ—is oculis vel manibus truncatis deturbavit Comites vero Waltâ—eolfum Rogerum JUDICI ALI SENTENTIA DAMNATOS arctiori custodiae mancipavit and the next year 1075. Comes Waltheofus juâ—su Regis Willielmi extra Civitatem Wintoniae ductus est indigne et crudeliter securi decapitatur et in eodem loco terra obruitur et in bivio sepelitur Sir Edward Cook in his 2. Institutes p. 50. affirms that this Roger Earl of Hereford was tried BY HIS PEERS and found guilty of this Treason PER JUDICIUM PARIUM SUORVM who was thereupon imprisoned all the days of his life If then this Court thus held was a Parliament and those Earls there tried and found guilty of Treason in it by their Peers even under the Conqueror himself it is a most pregnant Authority to prove that Peers are triable only by their Peers in Parliament that they are the only Judges in Parliament in cases of Treason and did then give sentence of banishment and pulling out the eyes and cutting off the hands of Traytors of inferiour condition as well as sentence of death decapitation and perpetual imprisonment against those two Earls Anno 1070. There was a GREAT COUNCIL held at Winchester jubente praesente Rege Gulielmo wherein Siâ—ganâ— Archbishop of Canterbury his Brother Bishop Agelmar and lundry Abbots were degraded for many pretended rather than
real crimes and misdemeanours operam dante Rege ut quamplures ex Angliis suo honore privarentur in quorum loco suae gentis personas subrogavit in confirmationem sui quod noviter acqusierat regni Hic nonnullos tam Episcopos quam Abbates quos nulla evidenti causi nec Concilia nec leges seculi damnabant suis honoribus privavit usque ad finem vitae custodiae mancipatos detinuit suspicione tantum inductus novi Regni As Florentius Wigorniensis and others inform us And in another Council held the same year at Windsore Bishop Agelric for pretended crimes was uncanonically degraded without any fault and presently after sent Prisoner to Marlebridge In this Council many Abbots were likewise degraded and Norman Monks put in their places In the 7 year of William Rufus Anno Dom. 1094. there fell out a great difference between the King and Archbishop Anselm upon this occasion The King alleged that it was the royal prerogative of him and his Ancestors That no man without his license or election should nominate or acknowledge any one within the Realm of England to be a lawfull Pope or yield obedience to him as Pope and that whosoever would deprive him of this royal prerogative it was all one as if he endeavoured to deprive him of his Crown Anselm whiles he was Abbot of Becca in Normandy before he was made Archbishop of Canterbury had acknowledged Urban to be lawfull Pope whom the King had nor yet received as Pope and resolved to receive his Pall from him and by no means to recede from this his subjection and obedience to him Upon which occasion the King being highly displeased with him protested That Anselm could not possibly keep that allegiance which he owed to him and likewise his obedience to the Apostolick See against his will they being inconsistent together and thereupon reputed him a Traytor to his Crown and dignity Anselmus igitur â—eâ—ivit inducias ad istius rei examinationem quarenuâ— Episcopis Abbatibus cunctisque regni Principibus una coeuntibus communi assensu definiretur â—rum sâ—lva reverentia obeâ—ientia sedis Apostolicae possit fidem Regi terreno serâ—are an non Quod si probatum inquit fuerit utrumque fieri minime posse fate or malo terram tuam donec Apostolicum suscipias exeundo devitare quam beati Petri ejusque Vicarii obedientiam vel ad horam abnegare Dantur ergo induciae atque ex Regis sanctione firme totius Regni Nobilitas quinto Id. Martii pro ventilaâ—ione istius causae in unum apud Rochinghâ—ham coit All the Bishops Abbots and Nobles being there assembled in a Parliamentary Council this controversie between the King and Anselm being stifly debated for many days The King required and the Bishops and Nobles much pressed Anselm singly to submit himself to the Kings Will without any saving of his obedience to the Pope which he peremptorily refused this being the sum of his answer to the Bishops and Nobles Cuncti noveritis in communi quod in his quae Dei sunt Vicario be ti Petri obedientiam in his quae terrenae Domini mei Regis dignitati jure competunt fidele consilium auxilium propensus mea capacitate impendam The King extremely incensed with his answer most intirely inquired of his Bishops and Nobles what he should object against his speeches After much consultation they agreed upon an answer telling Anselm Noveris totum regnum conqueri adversum te quod nostro communi Domino conaris decus Imperii sui Coronam auferre Quicunque enim Regâ—e dignitatis consuetudines tollit Coronam simul regnum tollit c. Whereupon they advised him to renounce Urban and to submit to the King and crave his pardon for his offence Which he refusing they perswadâ—d the King to give him no longer time to advise if he persisteâ— in his obstinacy Sed in eum mox judicii sententiam invehi juberet The King and Bishop of Durham preâ—ed That he might be deprived of his Ring Pastoral staff and Bishopâ—ick and banished the Realm if he would no submit to the Kings will which some of the Nobles misliking conceiâ—ing that he being their Superiour and Metropolitan could not be judged by them but by the Pope alone the King said Quid placeat si haec non placent dum vivo parem mihi in regno utique sustinere nolo c. Anselm thereupon desired the Kings safe conduct promising voluntarily to depart the Realm but refused to resign his Bishoprick which the King refused to grant unlesse he resigned it At last by the mediation of the Nobles and Bishops the King granted him longer time to consider of his absolute submission to him upon the promise of his loyal and peaceable deportment in the interim and so this Parliamentary Council ended the proceedings whereof are at large recorded by Eadmerus well worth perusal Anno 1095. Robert de Mulbrain William de Auco and many others conspired to deprive King William Rufus both of his kingdom and life and to make Stephen Earl of Albemarl King whom the King having thereupon taken Prisoners by an Army raised against them and committed to safe custody till their trial in Parliament Anno 1996. 8 days after Epiphany apud Salisberiam tenuit CONCILIUM in quo jussit Gulielmi de Auco in duello victi oculos eruâ—re testiculos abscindere dapiferum illius Gulielmum de Alderi suspendi Comitem Odonem de Campania praedicti Stephani patrem quosdam alios traditionis participes in custodiam posuit Here the King and Lords in a Parliamentary Council â—udge and condemn Traytors to death imprisonment or other corporal punishment as well Commons as Peers In the year of Christ 1.100 Ranulph Flambard Bishop of â—urham Consilio gentis Anglorum By the Vote of the whole Parliament of England was clapt up Prisoner in the Tower of London by King Henry the 1. at the importunity of the Nobles and the innumerable complaints made against him he being the chief Author and promoter of all the evil customs extortions and unjust oppressions of the Realm and people exercised by King William Rufus then redressed by the Charter of King Henry made and ratified by the assent advice of his Nobles and Barons exacting many times twice as much of the people as Wâ—lliam Rufus required wherewith the K. very well content would laugh and say That Ranulph was the only man for his turn who cared not whom he displeased so he might please his Master After he had been imprisoned some space he made an escape out of the Tower by a rope hurting his Leg and Arm by a fall from the wall to the ground the rope being too short then escaping into Normandy instigated D. Rob. to claim the Crown and invade the Realm to his own great loss the effusion of much Christian blood and great disturbance and damage of the
redditibus Regni quamdiu Cancellarius ejus fuit Et nominatim de triginta millibus librarum argenti Quibus Archtepiscopus respondit Dominus meus Rex scit quod ego saepius ei reddidi computationem de omnibus hiis quae ipse modo à me petit antequam electus fuissem ad Archiepiscopatum Cantuariensem Sed in electione mea Henricus filius ejus cui Regnum adjuratum fuit et omnes Barones Scaccarii Richardus de Lucy Justitiarius Angliae clamaverunt me quietum Deo sanctae Ecclesiae de omnibus receptis computationibus ab omni exactione seculari ex parte Domini Regis sic liber et absolutus electus fui ad hujus officii administrationem ideo amplius nolo inde placitare Quod cum Regi constaret dixit Baronibus suis cito facite mihi judicium de illo qui homo meus ligiuâ— est stare juri in Curia mea recusat Et exeuntes judicaverunt eum capi dignum et in carcerem mitti Tunc misit Rex Reginaldum Comitem Cornubiae et Robertum Comitem Leicestriae ad judicâ—ndum ei Iudicium de illo factum Qui dixerunt ei Audi Iudicium tuum Quibus Archiepiâ—copus respondit prohibeo vobis ex parte omnipotentis Dei sub anathemate ne faciatâ—s hodie de me judicium quia appellavi ad praesentiam Domini Papae Dum autem praedicti Comites redirent ad Regem cum responso illo Archiepiscopus exivitâ—e thalamo et progrediens per medium illorum veniâ— ad palefridum suum ascendiâ— et exivit ab aula omnibus clamantibus post eum dicentibus Quo progrederis proditor expecta et audi judicium tuum Cum auâ—em veniret ad portas inâ—eâ—iâ—eas câ—auâ—as timuit sibi valde ne ab inimicis suis caperetur sed Deus omnipotens eum liberavit After which he privily departed out of England The 2d is William Fitz. Stephen a Monk of Canterbury who attended Becket in his troubles Hee after a large relation of the charge of John the Kings Marshal against him for injustice mentioned by Hoveden relates the difference then happening between the Ecclesiastical and Temporal Barons in giving judgement against him and the judgement it self and proceedings therein in these words Secunda die consulentibus Episcopis Comitibus et Baronibus Angliae omnibus Nec Roffensis Episcopus Will. Nâ—raic cum pluribâ—s aâ—is non â—um venerat Archiepiscopu laesae Majestatis Coronae Reglae arguitur quia scilicet ut supra narratum eâ— a Rege ciâ—atus pro causa Johannis the Marshal neque venerat neque idonie se excusasseâ— Archiepiscopi depulsio nullum locum habuit allegata tamen Johannis supradicti injuria et jurisdictione hujus causae propria Curiae suae integritate REX EXIGIT JUDICIUM Archiepiscopi ratio nulla est approbara VISUM EST OMNIBVS ex reverentia Regiae Majestatis et ex astrictione ligii homagii quod Domino Regi fecerat Archiepiscopus ex fidelitate eâ— observantia â—eneâ—i ejus honoris quam ei juraverat quod paâ—um esset defensus vel excusatus quia citatus a Rege neque venerat neque corporis infirmitatem vel necessariam quae differri non possit officii ecclesiastici administrationem per nuncios allegaverat Condemnandumque eum dixerunt in paenam pecuniariam omnium bonorum suorum mobilium ad misericordiam Regis De proferendo Iuducio â—itanâ—ia fuit inâ—eâ— Episcopos et Barones utrâ—sque aâ—teris illud imponenâ—ibus uâ—râ—que se excusantibus Aiunt BARONES vos EPISCOPI pronunciare debeâ—is sententiam ad nos non pertinet Nos Laici sumus vos personae ecclesiasticae sicut ille consacerdotes ejus Coepiscopi ejus Ad haec aliquis Episcoporum Imo vestri potius est hoc officii non nostri Non enim est hoc judicium Ecclesiasticum sed Seculare Non sudemus hic EPISCOPI sed BARONES Nos BARONES vos BARONES PARES hic sumus Ordinis autem nostri ratione frustra inni imini Quia si in nobis ordinationem attenditis in ipso simiâ—itet attendere debetis Eo autem ipso quod Episcopi sumuâ— non possumus Archiepiscopum Dominum nostrum judicare Sed quid Rex haec audita de pronunciando controversis motus est Et controversia super hoc desicum est Dominus Wintoniensis then Henry de Bloys impositus dicere tandem et invitus PRONUNCIAVIT Archiepiscopus autem quia sententiae vel recordationi Curiae Regis Angliae non licet contradicere sustinuit consilio Episcoporum ad acta ad mitigandum et honorandum Regem solenni manuum ipsius missione quasi concessionis judicii ut moris est ibi et omnibus Episcopis datis vadibus praeter Gilbertum illum Londinensem qui rogatus pro eo sponder noluit quae ejus singularitas notam fecit The 3d. is Gervasius Dorobâ—rnensis who thus records the proceedings in this Council against Becket Timens autem Rex ne impune manus ejus Cantuariensis Achiepiscopus evaderet jam edoctus mulriplici cogitatatione et pravorum eruditione quibus eum pravitatis laqueis innodaret praecepit PRAESULES ET PROCERES REGNI apud Northamptoniam una cum ipso Archiepiscopo CONVENIRE Qui cum die tertia ante â—estum Sancti Calixi Papae conveniâ—ent Archiepiscopus in multis accusatus est Primo quod cuidam Johanni coram ipso litiganti plenam justitiam non exhibuit super hoc ad Regis praesentiam vocatus venire contempsit Respondens Archiepiscopus praefato JoJohanni dixit condignam non defuisse justitiam Johannem non legaliter curiam suam infamasse qui non super Evangelium ut moris est sed super veterum cantuum codicellum quem secum tulerat voluerit pejerare Quod autem super hoc citatus ad Regis non venit praesentiam non contemptus fuit sed infirmitate valida invitus retentus est His rationibus Archiepiscopus excusari non poruit sed Curiali Iudicio et Episcoporum consensu condempnatus est ita ut omnia mobilia ejus in misericordia Regis ponerentut Quo facto repetit ab eo Rex quingentas libras quas ei dum esset Cancellarius dicebat commodasse Cumque allegaret Archepiscopus e contra et diceret praefatam non commodatam sed de plano datam esse pecuniam nihilominus de suis fide jussores idoneos coactus est exhibere Et haec opera secundae diei Tertia vero die appetitur absque misericordia jubeturque de fiscalibus et Episcopatibus Abbatiis vacantibus ratiocinia reddere quas in custodia sua habuerat tempore Cancellariae Respondit se super his non teneri eo quod die electionis suae hujusmodi non fuit quaestione pulsatus quod ecclesia Cantuariensis eum susciperet ab omnibus his liberum et absolutum Attamen super his prudentiores se
in summo silentio Rex autem interius cum Principibus sedens pro tribunali Euntes ait DISCERNITE QUID PERJURUS CONTUMAX PRODITOR DEBEAT SUSTINERE Itur JUDICATUR Et a quo vel qualiter pronunciandum esset JUDICIUM informatur Processerunt tandem a Rege Comites Barones cum turba multa quorum primi praecipui erant Robertus Leicestriae Reginaldus Comes Cornubiae Qui cum Archiepiscopo quasi improperantes retulissent quae et quanta ei bona Dominus Rex contuliâ—set tandem Comes Leicestriae qui erat dux verbi caepit subâ—iliter inflectere sermones quasi ad judicium Curiae in Archiepiscopum proferendum Praeâ—entiens hoc Archiepiscopus mox non expectaâ—o judicio surgit protestans non esse eorum Archipraeâ—ulem suum judicare de crimine Non est inquit in eum ferenda sententia qui judicem superiorem appellavit etiam si Laico liceret Episcopum judicare Unde tibi Comes Leicestriae potestate mihi a Deo collata ut filio Ecclesiae praecipio ne in patrem tuum spiritualem judicium proferre praesumas Verum mox improperatum et inclamatum a nonnullis est quod tanquam Perjurus et Proditor a Curia discederet Ipse vero sic se vertens et austero vultu respiciens râ—spondit quod nisi ordo sacerdotalis obstaret et si sibi fas esset in armis bellicis a Perjurio Proditione se contra ipsos defenderet His dictis a Curia discessit et per aulam transiens probris multis a Curialibus affectus est Cum autem januam clausam repperisser et jâ—nitor puero â—erberando intendisset accurrens quispiam clavem repperit januam apperuit patrem demisit sic pater patriae manus impiorum evasit c. King Richard the 1. Anno 1189. going to the holy Warrs made William Longchamp Bishop of Ely not only his Chancellor and Chief Justice but the chief Protector and Guardian of the whole Realm who having obtained a Legatine Power also from the Pope and getting the Militia with most of the Kings Castles into his hand proved a most unsufferable Tyrant to the Nobility Gentry Laity and Clergy so oppressing domineering over their persons Liberties Estates imprisoning taxing disseising spoyling them of their Offices Castles Lands Privileges Estates at his pleasure and over-awing them with Troops of Horse Garrisons New Governors set over and quartered in every County and with his great Guards of armed horse which he constantly kept about his person that Earl John the Kings brother the Nobility Prelates and People being no longer able to indure his exorbitant insolency intollerable Pride Oppressions Rapines Exactions and transcendent Tyranny raised great forces against him to regulate his Excesses and bring him to Justice Whereupon he being somewhat terrified in the 2. year of King Richard the 1. Anno 1191. Earl John and the Bishops with the Prelates Earls and Nobles of the Realm assembled in a kind of Parliamentary Council came to an agreement touching the future settlement reformation Peace and Government of the Realm and preventing all future tyranny and oppression which was drawn up in writing published subscribed and sworn to be inviolably observed both by the Earl John and Chancellor and by 14. other Earls and Barons on either side One of the Articles of this Agreement recorded at large by Roger de Hoveden was this Concessum est quod Episcopi Abbates Comites Barones Vavasores et liberi tenentes non ad voluntatem Justiciarium vel Ministrorum Domini Regis de terris catallis suis disseisientur sed judicio Curiae domini Regis secundum legitimas consuetudines et Assisas Regni tractabuntur vel per mandatum domini Regis agreeable to Magna Charta c. 29. No sooner had the Chancellor taken his Oath but his forein forces he had privily sent for ariving in England he presently violated it and played the Tyrant worse than before commanding the Kings own Brother Geoffry Archbishop of York to be apprehended at Dover in the very Church dragged out violently in his Archiepiscopal robes from the Altar and then thorough the dirty streets in the sight of all the people who cried out after the Chancellors servants who thus abused him O ignavi quare ita ducitis illum quid mali fecit Archiepiscopus est Regis filius Regisque frater But they taking no notice of their clamors carryed him to Dover Castle and there kept him Prisoner till he was thence released by Earl Johns command The Archbishop coming to London complained to Earl John the Bishops and other Nobles of the injury done to him by the Chancellor ut Cancellurius juri staret in CURIA REGIS super injuria illa quam Archiepiscopo Eboracensi feâ—erat et Hugoni Dunelmensi Episcopo Quod cum ipse Cancellarius facere de die in diem distulit Eodem tempore ad instantium Comitis Johannis Convenerunt apud pontem de Loedone inter Radingum Wyndleshores die Sabbathi pâ—oxime post festum Sancti Michaelis ad Colloquium MAGNATES ANGLIAE de arduis magnis Regis regni negotiis tractaturi The next day the Archbishop and Bishops who all came to this Parliamentary Assembly meeting at Reading excommunicated all those who were aiding and assenting to the imprisonment of the Archbishop After which Comes Johannis Archiepiscopus Rothomagensis Episcopi Principes Regni statueruâ—t illi diem peremptorium apud Ridinges Ad diem autem illum venerunt illuc COMES Moretonii fere omnes Episcopi Comites Barones Regni Et post diem peremptorium moram fecerunt ibi expectantes adventum Cancellarii sed ipse venire noluit nec nuntium mittere Deinde Comes Johannes et Episcopi Barones qui cum eo erant paraverunt se Londoniâ—s ire ut ibi in Majorâ— audientia Londinensium fruerentur consilie quid eis faciendum esset de Cancellario qui sic conturbaverat regnum juri stare noluit The Chancellor hereupon flying from Windeshores into the Tower of London for shelter Comes Johannes fere omnes Episcopi Comites BARONES Angliae eadem die scil 3. die post octavas Sancti Michaelis intraverunt Londonias Et in crastino praedistus Johannis frater Regis Archiepiscopus Rothomagensis omnes Episcopi Comites Barones cives Londinenses cum illis convenerunt in atrio Ecclesiae Sancti Pauli where sitting together as in a Great Parliamentary Council and Court post longos tractatus Ricardo regi fidelitatem juraverunt Imprimis Comos Johannis deinde duo Archiepiscopi et omnes Episcopi quotquot convenerunt Comites Barones Deinde die Jovis proximo habitum est Colloquium in Orientali parte turris Londinensis praesentibus MAGNATIBUS praedictis Accusabant praedictum Cancellarium in multis praecipue in injuriis quas fecit Domino Eboracensi Archiepiscopo Domino Dunelmensi Episcopo
custodia de Westmerland for their disloyalty towards him et omnia supradicta disposuit venditioni c. Tricesima prima die mensis Maii Rex Angliae celebravit secundum diem Concilii â—ui in quo ipse petiit sibi fieri judicium de Comite Iohanne fratre suo quod contra fidelitatem quam ei juraveraâ— Castella sua occupaverat et tertas suas transmarinas et cismarinas destâ—uxeraâ— et foedus cum inimico suo Rege Franciae contra eum inierat Similiter de Hugone de Nunant Coventrensi Episcopo SIBI FIERI JUDICIUM postulavit qui secreti sui conscium eum reliquerat et Regi Franciae et Comiti Johanni inimicis suis adhaeserat omne malum in perniciem regni sui machinans ET JUDICATUM EST quod Comes Johannes et Episcopus Coventrensis citarentur si intra quadraginta dies non venerint nec juri steterint JUDICAVERUNT COMITEM JOHANNEM DEMERUISSE REGNUM Episcopum Coventrensem subjacere judicio Episcoporum in eo quod ipse Episcopus eraâ— et JVDICIO LAICORVM in eo quod ipse Vicecomes Regis extiterat Secunda die mensis Aprilis Sabbato celebravit diem quarâ—um ultimum Concilii sui in quo omnes tam Cleriâ—i quam Laici qui volebant sibi conqueri de Archiepisc Eboracensi fecerunt queremonias multas de rapinis et injustis exactionibus sed Archiepiscopus Eboracensis nullum eis dedit responsum Deinde per consilium et machinaâ—ionem Cancellarii ut dicitur Girardus de Camvilla fuit retatus de receptatione praedonum qui rapuerunt bona Mercatorâ—m euntium ad nundinas de Stanford et ab eo recesserunt ad rapinam illam faciendam et de rapina illa redierunt ad eum Praeterea appellaverunt eum DE LAESIONE REGIAE MAJESTATIS in eo quod ipse ad vocationem Juâ—titiarium Regis venire noluit nec juri stare de praedicta receptatione rapâ—orum neque eoâ— ad justitiam regis producere Sed respondit Se esse hominem Comitis Johannis et velle in curia sua juristare Praeâ—erea appellaverunt eum quod ipse fuit â—n viet adjutorio cum Comite Johanne et aliis inimicis Regis ad Castella Regis de Notingham et de Tikehill capienda Girardus vero de Camvilla negavit omnia quae objiciebantur ei ab illis et illi dederunt vadium de prosequendo et Girardus dedit vadium defendendo se per unum de liberis hominibus suis A clear evidence of the form of proceedings in our Parliamentary Councils in that age against Traytors and other Offenders there impeached accused in criminal causes and of the Lords antient undisputable right to give judgment therein both in case of Peers as Earl John the Bishop of Chichester and Archbishop of York then were and in case of Commoners Girard de Camvil as I take it being then no Peer or Baron of this Realm but only a Servant to Earl John though afterwards in King Johns reign I finde him numbred amongst the Barons who were Witnesses to the homage and Oath of Allegiance made by William King of Scots to King John Earl John soon afâ—er coming to his Brother King Richard caâ—â— himself down at his feet and with many tears confessing his folly ill counsel and practices against him craved his pardon whereupon he received him into his favour and presently restored his lands which he had seised into his hands as forfeited by the Parliaments sentence denounced against him for his treason The Pope in the year 1208. having interdicted the whole Realm of England King John thereupon fearing that he would likewise excommunicate him and absolve his Nobles from their Allegiance to him to preserve his royalties sent a Company of armed Soldiers to all the Potent Nobles of the Realm and especially to those he suspected exacting Hostages from them that so if they should afterwards be absolved from their allegiance he might reduce them to due obedience Many submitted to the Kings commands and delivered some their Sons others their Nephews others their Kinsmen for hostages to the Messengers Who at last coming to William de Brause a Noble man and requiring pledges from him as they had done from others found a repulse For Matilda his wife out of a womanish procacity taking the word out of her husbands mouth answered the Messengers I will not deliver my children into the hands of your Lord King John because he most dishonourably slew his Nephew Arthur whom he ought to have honourably kept and preserved Which her Husband hearing rebuked her saying That she had spoken like one of the foolish women against our Lord the King for if I have offended him in any thing I am and will be ready to answer my Lord and that without hostages SECUNDUM JUDICIVM CVRIAE SUAE ET BARONUM PARIUM MEORUM assignato die loco The Barons in that age being to be judged and tried only by their Peers and that in the Kings Court of Parliament for any offences against the King not by the Commons or any inferiour persons In the year of Christ 1233. King Henry the 3. removing most of his English great Officers and Councellors from his Court and placing Poicâ—o â—es and Aliens in their room by whole Counsel he was wholly swâ—yed misguided especially by Peter de Rivallis qui homines Angliae naturales Nobiles totis viribus opprimebant proditores eos vocabant quos etiam de proditions apud Regem â—ccusabant â—neâ—aurorum â—eâ—iam suorum Rexeis custodias cum â—egibus patâ—ii judiciiâ— commisit Quid plura Judicia commitâ—ntur injustis leges exlegibus justicia injâ—riosis Et eum NOBILES de regno in regno de oppressionibus sibi irrogatis coram Rege causam deponerent Petro Episcopo impedience non fuit qui eis justitiam exhiberet c. Cumque his consimâ—â—ibus injuriis RICHARDUS COMES regni MARESCHALLUS viderâ—t tam NOBILES quam igâ—bbiles opâ—rimere iâ—ra regni penitus deponere zelo justitiae provocatus associatis sibi quibusdam Magnatibus ad Regem audacter accessit increpans eum audientibus multis quod per pravum Consilium advocarat extraneos Piâ—taviense no pressionem râ—gni hominum suorum de regno naturaliâ—m LEGUM PARITER AC LIBERTATUM Unde Regem humiliter â—ogabat uâ— tales excessus corrigere festinarer per quos Coronae suae regni sui subversio imminebaâ— Affirmabat insuper quod si hoc emendarc distugerer IPSE ET CAETERI DE REGNO MAGNATES tamdiu se ab ipsius consilio subtraherent quamdiu alienigenarum consortio frueretur Ad haec autem respondens Petrus Wintoniensis Episcopus dixit quod bene licuit Domino Regi extraneos quoscunque vellet vocare ad defensionem Regni sui Coronae etiam tot tales qui possent homines suos superbos rebelles ad debitum compellere famulatum
constricti usque ad lachtymarum compuncti sunt effusionem Rex autem confessus est in veritate quod compulsus ab Episcopo Wintoniensi et Petro de Rivallis aliis Consiliariis suis jussit figillum suum apponi in quibusdam literis sibi praesentatis sed tenorem eorum se nunquam audisse cum juramento affirmavit Ad hoc responâ—um Archiepiscopus dixit Scrutamini Rex conscientiam vestram quia omnes illi qui literas illas mitti procuraverunt et hujus proditionis conscii fuerunt rei sunt de morte Marescalli ac si illum propriis manibus occidissent Tunc Rex HABITO CONSILIO fecit vocari per literas Episcopum Wintoniensâ—m Petrum de Rivallis Stephanum de Segrave et Robertum de Passeleve ut venirent ad festum Sancti Johannis ratiocinium reddituri de thesauris suis receptis pariter expensis sed et de sigillo suo quod male tractaverant ipso penitus ignorante mandavit ut tunc venirent RESPONSURI ET JURI PARITURI Sed illi proprias conscientias habentes suspectas in omnibus ex una parte Regem ex altera fratres et amicos metuebant Marescalli cujus necem procurasse videbantur Unde ad pacem Ecclesiae confugients Episcopus et Petrus de Rivallis in Ecclesia Cathedrali apud Wintoniam latitabant a conspectu hominum sese penitus subtrahentes Stephanus vero de Segrave in Ecclesia Sanctae Mariae in Abbatia Canonicorum apud Legecestriam delituit et qui prius a clericatu ad militiam per arrogantiam confugerat ad clericatus officium reversus coronam quam reliquerat inconsulto Episcopo revocavit Robertus quoque Passeleue ad latibulum divertit incognitum c. Sed revera ad Novum templum â—e infirmum simulans in quodam secreto celatus cellario laâ—itabat more tectus leporino Tandem Aedmundus Cant. Episcopus impetravit a Rege ut sub salvo conductu ipsius et Episcoporum possunt ad diem certum coram illo â—enite ut omnis in regno dissentionis occasio sopiretur Statuit igitur illis diem Rex pridie Idus Julii apud Westmonasterium ubi sub protectione Archiepiscopi et Episcoporum ad Regis praesentiam sunt producti Petrus de Rivallis primus in causam vocatuâ— apparuit coram Rege in habitu clericali cum tonsura et lata corona Regemâ—ue reverenter salutavit cum Iusticiariis suâ—s in Banco sedentem Quam Rex torvo respiciens oculo O PRODITOR inquit per iniquum consilium tuum sigillum meum ignorans apposui literis de proditione Comitis Mareschalli Per tuum etiam pravum consilium ipsum et alios de regno meo homines naturales et eorum animos à me pariter amorem averti Per pravum etiam consilium tuum et complicum tuorum guerram contra illos movi in jacturam irrestauribilem et regni opprobrium per quam guerram thesaurum meum et vitam multorum illustrium simul et honorem meum amisi lamentabiliter Exigit igitur Rex praeterea ratiocinium de thesauro suo et custodia puerorum nobilium et escheatarum cum aliis proventibus multis quae ad Coronam spectabant Cumque haec et alia multa Rex ab eo sub proditionis nomine exigisset nihil omnino de objectis sibi criminibus negavit sed coram Rege in terram corruens per haec verba ejus misericordiam imploravit Domine Rex inquit nutritus sum a vobis et in bonis temporalibus dives factus ne confundes hominem quem creasti sed concede saâ—tem tempus deliberandi ut de rebus exactis competenter vobis valeam reddere rationem Cui Rex Mittam te iu Turrim Londinensem ut ibi deliberes donec mihi satisfacias praevia ratione Ad haec Petrus Domine Clericus sum nec debeo incarcerari vel sub Laicorum custodia deputari Respondit Rex Te ut laicum hactenus gessisti a te agitur ut Laico cui meum commisi thesaurum exigo Veruntamen eâ—â—e pro sens est Archiepiscopus qui si pro te fidiâ—ubere voluerit tradam te illi ut miâ—i â—â—tisfaciâ—t de exactionibus supradictis Ad quod cum siluiâ—seâ— Archiepiscopus misit Rex praedictum Petrum in Turrim memoratam accipieâ—s in manus suas omnes laioas possessiones ejus quia sub habitu clericali lâ—ica erat induius gestans anelaâ—ium ad lumbare quod clenicum non decebat Et tunc Pâ—tâ—us fleâ—it amare scilicet ingredieâ—s nâ— ioulum â— ducendus ad turrim supradictam Fuit autem in ea die Jovis et sâ—quenti die Veneris Et tunc ab Archiepiscopo liberatus apud Wintoniam perductus est et in ecclesia dimissus cathedrali Apparuit autem eadem die in Regis praesentia Stephaphanus de Segrave veniens sub protectione Archiepiscopi de rebus sibi impositis resâ—onsuâ—uâ— Qui cum staret in judicio Juri pariturus increpavit eum Rex sub nomine nequissimi proditoris de domnibus articulis de quibus increpaveâ—at Petrum de Rivallis hoc etiam adâ—iciens quod consilium dederat et ut Hubertum de Burgo ab officiâ— Justiciarii amoveret incarceraret patibulo suspenderet Nobilâ—s de regno exilio relegaret Cumque haec alia multa ei imposuisset slagitia exegit ab eo ratiocium de ossicio Justiciarii quod sub eo ministraverat post Hubertum de Burgo de rebus receptis pariter et â—xpensis Super his autem Archiepiscopus et Episcopi impetraverunt inducias a Rege usque ad festum S. Michaelis ut deliberandi tempus haberet De pravis quoque consiliis sibi imputatis alios altiores eo medios scilicet intâ—r Regem et eum quibus necesse habuit immediate respondere nepote Wâ—lierum Carleolensem Petrum de Rivalliâ— non me redarguat Et sic de aliis umbonem fâ—oiens recessit in alios crimen retorquendo Et sic absdondit se iterum Robertus Passeleue The King made Hugh de Pateshulle an honest and faithfull man chief Justice of England much against his will in Passeleues place And at the Archbishops request in the same Parliament restored to Gilbert Brother and heir to murdered Richard Earl Marshal all his inheritance both in England and Ireland received his homage knighted and gave him the rod of his Marshals Court as the manner is to hold that office as well and freely as his ancestors enjoyed it And so this Civil warr and Combustion between the King and his Nobles was fully reconciled I have transcribed this History and these Parliamentary proceedings at large out of Matthew Paris First to manifest the Gallantry Courage Zeal Vigilancy Unanimity of our Nobles Lords Barons and Prelates in that age in opposing reprehending the King himself to his face and threatning to depose and excommunicate him both in and out of Parliament for entertaining foreigners and
ill counsellors about him neglecting hating banishing his own Nobles and natural Subjects as Traytors without any just cause or legal trial and subverting confounding their Lawes Liberties Justice c. 2ly To manifest the proceedings impeachments in these Parliaments against the Earls and Nobles refusing to appear at these Parliaments upon the Kings these successive Writs of Summons his outlawing them of high Treason and spoiling burning seising their houses Lands thereupon being adjudged by the Lords in Parliament to be illegal and afterwards reversed as unjust and against the Law Claus 18. H. 3. m. 19. 3ly To manifest that the Lords in Parliament would not act any thing in the absence of these eminent Lords refusing to appear 4ly To evidence the Sentence and Justice of the King and Lords against these ill Counsellors Aliens and Traytors to the Publique whom they caused to be removed from the King Court Kingdom put from their publike Trusts and Offices called to an account publikely arraigned before the King himself and his Justices by whom they were imprisoned their lands confiscated and better Counsellors of State and Judges put into their places Anno 1240. Accusatus est graviter Comes Cantiae Hubertus de Burgo CORAM REGE ET CURIA TOTA London ubi post multâ—s disceptationes ut iraâ—undia Regis quae immoderate nimis conâ—â—â— ipsum excanduerat quiesceret ADJUDICAâ—UM EST ut quatuor Castra sua Charissima scilicet Blancum Castrum Grosmunt Scenefrithz Haetfeild Domino Regiâ— resignaret ut caetera sibi cum Regis benevolentia in pace remanerent Anno 1258. The Nobles complained in Parliamnnt of the Kings advancing his half Brothers who were aliens swaying all things and impoverishing the Realm and of their intollerable pride insolency and injuries and the Earl of Leicester particularly complained to the Parliament of William de Valentia non tamâ—n Regi sed universitati praecordialiter est conquestus exigens instanter sibi justitiam adhiberi The same year the Great men and Nobles of the Land Videntes Regnum undique desolatum tum exactionibus tallagiis tam Curiae Romanae quam Regis quam etiam alienigenarum praecipue Pictavensium elatione praesumptuosa fivore regio in regno nimium in sublimi provecta tantas in Anglia Dominationes sibi usurpantium magisteria â—ost Pentecosten apud Oxon. COLLOQUIUM GENERALE CELEBRAVERUNT being summoned to this Parliament by the Kings Writ super hiis necnon status regni meliorationâ— efficaciter exquisite tractaturi Quo non sine armis equis electissimis muniti venerunt ut si Rex alienigenae suiâ— provisionibus statutis sponte contemnerent assentire vigore opposito cogerentur aut ipsi alienigeni universaliter sine morae regnum Angliae poenitus evacuarent Quas quidem provisiones Oxon. stat necnon ET MAGNAM CHARTAM TAM DE LIBERTATIBUS ET DE FORESTA tandem Domino Rege ad suorum PROCERUM observantiam statutorum inclinato per queÌ„dam de suis militibus tactis sacrosanctis jurameÌ„tum praestante 24 prudentium virorum Nationis Anglicanae quos ad Regni gubernationem sub eodem duxerint inter se eligendos consilio se commendavit considerationâ— His igitur pâ—ractis fidelitatem Regi regni ET AD CONSIDERATIONEM SUORUM PARIUM STARE omnes quotquot in regno commorare vellent fecerunt jurare The Nobles in this Parliament required that all the Poictovines might surrender up all the Castles they held in England into the Kings hands Whereupon they peremptorily swore by the passion and wounds of Christ that they would never doe it whiles they breathed Whereupon the Earl of Leicester said to William of Vairencia the most insolent of them all That he should either surrender up the Castles he held of the Kings without delay VEL CAPUT AMITTERET on he should lose his head Similiter ALII COMITES ET BARONES DICEBANT etiam constructissime assertione consistentes The Poictovines being very much terrified with these words not knowing what to doe and fearing to fly to any Castle lest they should there be besieged and soon taken or starved by the Lords fled secretly and speedily from the Parliament to Winchester not sparing their horses sides and setting spies upon hills and Towers to observe whether the Barons pursued them who hearing of their flight commanding all their followers to arm themselves and dissolving the Parliament without adjourning it to any certain day pursued them to Winchester where the King and Nobles holding another PARLIAMENT the Poictovines JUDIDIUM EXPECTARE NOLENTES nec ausi exhibitionem JUSTITIAE quae singulis secundum juramentum REGIS PROCERUM debebatur expestare being the sole judges of them in Parliam for their exorbitant offences they presently fled out of the Realm beyond the Sea to avoid their sentence Hereupon Significatum est literatorie ad multos etiam quos praedicti Pictavienses impudentur offenderant ut â—nerelam super hoc reponeâ—res ostenderent Maguatibus Regni daâ—a sibi a dictis Regis fratribus illata eas querelas dilucidantes constanter moras sequerentur ut sibi omnia secundum quod jus dictaret restituerentur Sed quia instabat tempus messium considerantes simultatem et instantes labores forte inutiles sequi renuerunt donec majorem cernerent opportunitatem The Lords in Parliament being willing to award them damages and reparations against the Kings own Brothers in Law upon complaint and clear proof of the injuries and damages they sustained by them Anno 1260. There falling out a great difference between King Henry the 3. and Prince Edward his Son Simon Earl of Leicester and other Nobles thereupon Convocato in praesentia Regis apud sanctum Paulum BARONAGIO habitoque prius tractatâ— de Eadwardo super injuriis Regi ut dicebatur illatis paratus est idem Eadwardus se omnium objectorum probare immunem et ad duorum Regum scil Patris sui et Avunculi provisionem in emendatione facienda se dare tractabilem dicens Omnes alios Barones et Comites sibi de jure non esse Pares nec suas in eum exercere discussiones Unde dâ—cuâ—a hinc inde veritate omniumque relatorum falsitate probata pacificato Regi concordatus est filius multiplicatis de jure inimicorum confusionibus Concordato itaque Eadwardo Regi et Reginae et aliis amicis mox querela subsequitur de Comite Leicestriae Simoâ—e super pluribus injuriis tam citra mare quam ultra contra Regem ut dicebatur perpetratis Praefixo igitur die ad respondendum se de objectis expurgandum idem Comes ad dictum diem licet breviorem paratus est quantotiens petitis satisfacere et ad discutiendam super oppositis veritatem omnium transmarinorum quam cismarinorum arbitrio obtemperare exceptis quinque tantum minutis tam suae quam Eadwardi discordiae seminatoribus Qâ—o audito Comes Gloverniae cum
iâ— regno Quid mihi suaderet vos prodere vel certe necare qui nihil lucri reciperem de vestra morte Nunquid hostes â—estri me ditiorem facerent in terra sua quam effectus sum in terra vestra et in natali solo Aut si regnum affectarem credendu â—ne est post vestram inteâ—fectinnem quod absit Dominos hujus Regni aquâ—nimiter ferre me posse Domini mei et patriae proâ—â—torem Deliâ—ere si placet fidem â—arâ—â—alia â—lerenâ—bus quia paratus sum more militis contra quemcunque mundi mihi in hac causa adversantem pugnare et meam innocentiam defendere et purgare Upon which and other words the King believed the Duke and received his excuses and committed the Frier at his request to the Custodie of the Lord John Holland usque ad diem quo causam diceret horum quae praeposuerat contra eum In ipsa nocte quae processit diem suae responsioniâ— the Frier was strangled and pressed to death by the said John and another Knight and the next day his dead corps was drawn through the street like a Traytor to take away the suspition of his unjust death Ipsi judices ipsi ministri ipsi tortores extiterunt Et hic fructus Parliamenti praesentis praeter hoc quod dominus Willielmus la Zouche quamvis gravissima detineretur aegritudine accersitus erat ad Parliamentum ad standium judicio Regis et Dominorum quia idem â—rater eum velut inventorem inceptorem et incentorem dixerat omnium quae scripserat extitisse Qui cum venisset lectica delatus quia propter guttam equitare non poterat compulsus est discinctus et discooperto capite ad haec omnia sibi objecta more latronum vel proditorum respondere Qui viriliter negavit objecta Sacramento firmans haec nunquam audisse vel hujusmodi cogitasse et ita demum absolutus est et domum redire permissus In this Parliament holden at Salisbury 7 R. 2. rot Parl. n. 11. to 16. John Cavendish a Fishmonger of London made his complaint first to the Commons and after to the Lords against Sir Michael de la Poole Chancellor of England demanding the Peace against him which THE LORDS granted after which he accused him for taking Bribes and delayes and injustice in a sute of his depending before him whereof he cleared himself by his own Oath and the Oaths of other witnesses sworn and examined before THE LORDS Whereupon the Lords being troubled with other weighty matters referred the Chancellors reparation for the Scandal to the ordering of the Judges The same Sir Michael de la Pole Earl of Suffolk and Chancellor of England in the Parliament of 10 R. 2. rot Parliamenti n. 6. to 18. was accused in full Parliament before THE KING BISHOPS LORDS by the Commons who exhibited sundry Articles against him recorded at large by Henry de Knyghton agreeing with the Parliament Roll. The effect of them was this That whiles he was Chancellor against his Oath to procure the profit of the King he had purchased lands and tenements of the King of great value at under rates and exchanged uncertainâ— customs and rents for good lands in deceipt of the King and for spending the Aids granted to the King the last Parliament to guard the Seas in another manner than they were granted whereby the Seas were not guarded and much mischief hapned to the Realm c. The Lords Commons refused to act any thing till the King came in person to Parliament and the Chancellor removed upon these Articles The Chancellor demanded of the LORDS 1. Whether he should answer these Articles without the Kings presence for things done whiles he was Chancellor for that he being Chancellor of England for the time represented the Kings person in Parliament during his absence thence Secondly Whether his Brother in Law Sir Richard Scroope might not answer for him whom he had by advice of his Counsel appointed to do it To which the LORDS answered and resolved It was honest and fit for him to answer for himself Whereupon he making protestation that he might adde to or diminish from his answer and that which might be honourable to him by advice of his Counsel the Lords granting thereunto He thereupon put in an answer and replication to all the Articles to which his Counsel added some things in making his defence The Commons replyed to his answer to w ch he by way of rejoyndâ—r replied and answered to them his defence sâ—eming very solid Yet the Commons upon his replication before judgement pressed the King then being in Parliament and she Lords that he might be committed for the grievous offences charged against him Whereupon he was arrested by the Kings command and committed to the custody of the Constable of England and after let to mainprise Ar last THE LORDS in full Parliament GAVE JUDGEMENT AGAINST HIM That for breach of his Oath all the Manors and lands which he had of the Kings gift contained in the Articles should be seised into the Kings hands to have them to him and his heirs for ever together with their mean profits and issues saving to him the name and Title of a Knight and Earl together with an annuity of 20 l. yearly granted him out of the profits of the County of Suffolk The like judgement was given against him for the lands exchanged by the King for the customs of Hull and the Priory of St. Anthony Walsingham addes That he was deprived likewise of his Chancellorship and adjudged worthy of death yet the Lords would not put him to death but sent him prisoner to Windsore Castle Rex autem non multo post annullavit quicquid in Parliamento statutum fuerat contra ipsum In the Parliament of 11 R. 2. rot Parl. â— 6 7. Thomas Duke of Gloucester kneeling before the King said that he understood the King was informed he went about to depose him and to make himself King Wherefore he offered to put himself upon his tryal in that behalf as the Lords of the Parliament would award Whereupon the King said in open Parliament that he thought the said Duke was nothing faulty and therefore held him excused After which all THE LORDS as well spiritual as temporal being in the Parliament claimed their liberties and franchises namely That all weightâ— matters in the same Parliament which should be after moved touching THE PEERS OF THE LAND ought to be discussed JUDGED AND DETERMINED BY THE M by the course of Parliament and not by the Civil Law nor yet by the Common Law of the Land used in other Couâ—ts of the Realm The which claim and liberties the King most willingly allowed and granted thereto in full Parliament After which Thomas Earl of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwick and Thomas Earl of Marshal Lords Appellants impeached Alexandâ—r Archbishop of York Robert de Vere
Earl of Ireland Mâ—chael de la Poole Earl of Suffolk Robert Tresylam Chief Justice Nicholas Bramber Knight and other of their adherents of High Treason against the King and his Realm The Articles they exhibited against them were 36 in number at large recorded in Henry de Knyghton de Eventibus Angliae l. 5. col 2713. to 2727. with the whole proceedings thereupon for which many were attainted condemned executed BY JUDGEMENT OF THE LORDS notwithstanding the Kings intercession for some of them to the LORDS they are likewise mentioned in the printed Statutes at large of 11 R. 2. c. 1 3 4. in Walsingham Hist Angliae p. 359 to 367. and other vulgar Historians I shall therefore for brevity refer you to them Exactum est juramentum a rege ad standum REGULATIONI PROCERUM et non solum a rege sed a cunctis regni incolis idem juramentum est expetitum In the Parliament of 14 R. 2. n. 14. The King and Lords without the Commons declared That in the 7 year of this King the Earldom of Richmond with the appartenances WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King by reason of the adherence of John Duke of Britain then Earl of Richmond to the French against his allegiance to the King and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain causes known to the King and LORDS but was now inrolled and the lands granted to the Earl of Westmerland which King Henry the 4th would not revoke upon the Commons Petition to restore them to the Duke 1 H. 4. rot Parl. n. 78. In the Parliament of 17 R. 2. n. 11 Richard Earl of Arundel in the presence of the KING and LORDS accused the Duke of Lancastre of 5 particular misdemeanors In which when the King had justified him it was awarded by the King BY THE ASSENTS OF ALL THE LORDS that the Earl should in full Parliament make a formal submission to the Duke and crave pardon for his false accusation In the Parliament of 21 R. 2. rot Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason for procuring the Duke of Glocester and others there named to accroach to themselves regal power and execute the Commission of 10 R. 2. when he was Chancellor praying that he might be kept under safe custody with a protestation of making for her accusations during the Parliament against him and others After which they prayed the King to give judgement against the Archbishop according to his desert who submitted himself to the Kings mercy Whereupon the KING LORDS and Sir Thomas Piercy the general Proctor for the Bishops in this case adjudged the fact of the Archbishop to be Treason and himself a Traytor and that thereupon he should be banished his temporalties seised and all his lands in proper possession or use together with his goods forfeited to the King and presenting the day and place of his departure into exile After this in the same Parliament of 21 R. 2. the Lords Appellant therein named accused the Duke of Glocester the Earls of Arundel and Warwick and others of High Treason for procuring the Commission in 10 R. 2. for raising forces and coming to the Kings person armed For accroching to themselves royal power and adjudging some to death and executing them as Traytors in the Parliament of 11 R. 2. For intending to surrender up their Homage and allegeance to the King and then to depose him and saying they had good cause to depose him c. Hereupon the Earl of Arundel being brought in custody to the Parliament before the Lords by the Kings command and assent of the Lords had his charge read and declared before him by the Duke of Lancaster Steward of England to which he pleaded his pardon which plea being disallowed because his pardon was revoked by this Parliament and he relying on it without any other plea the Lords appellants prayed judgement against him as convict of the Treasons aforesaid Whereupon the Duke of Lancaster by assent of the KING Bishops Earles and LORDS adjudged him convict of the Articles aforesaid and thereby a Traytor to the King and Realm and that he should be therefore hanged drawn and quartered and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King with all his goods and chattels But for that he was come of Noble bloud the King pardoned his execution of hanging drawing and quartering and granted that he should be beheaded which was accordingly executed the same day on Tower hill by the Marshal of England The 28. of September the Earl of Warwick was brought ao his Trial in the same manner as the Earl of Arundel who confessed all the Articles submitted to the Kings grace and had the same judgement pronounced against him in the same manner as the Earl of Arundel But the King at the Lords Appellants and others requests pardoned his execution granted him his life and banished him into the Isle of Man The Duke of Norfolk by assent and Act of Parliament was tried in a Court Martial by the King Lords and some Knights for words spoken against the King and judgement was there given that he should be banished into Hungary and his lands forfeited to the King Within one year after such is the vicissitude of all worldly honour and power in the Parliament of 1 H. 4. Plac. Coron n. 1. to 11. at the prayer of the Commons the great Lords Appellants Edward Duke of Albemarl Tho. Duke of Surry John Duke of Exeter John Marquess Dorset John Earl of Salisbury and Thomas Earl of Glocester were all questioned and brought to their several answers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament they made their several answers and excuses thereunto whereupon the King and Lords after consultation thereupon ADJUDGED that the said Dukes Marques and Earls should lose their several Titles and Dignities of Dukes Marquess and Earls with all the honor thereunto belonging and that they should forfeit all the Lands and goods which they or any of them had given them at the death of the Duke of Glocester or since and that if they or any of them should adhere to the quarrel or person of King Richard lately deposed that then the same should be Treason The which Judgement was pronounced against them by William Thurning Chief Justice of the Kings Bench in Parliament by the Kings command but in the Parliament of 2 H. 4. rot Parl. n. 33. upon the Petition of the Lords and Commons to the King the Earls of Rutland and Somerset were pardoned and restored by the King in Parliament In the Parliament of 2 H. 4. n. 14. the Bishop of Norwich was accused by Sir Thomas Erpingham the Kings
Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
committed to the Tower of London The 7 day of February the Commons by William Trussel their Speaker brought up and presented to the King and Lords in the Lords House a Bill against the said Duke containing an impeachment of several High Treasons committed by him against the King requiring of the Lords all their Articles therein to be enacted with prosecution therein The 9. of March they exhibited new articles of complaint against the Duke comprising sundry misdemeanors against the king and other persons which they require might be enrolled and that the Duke might answer to them The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber before the King and Lords where the Articles were rehearsed to him who desired Copies of them which was granted And he for more ready answer was committed to certain Esquires to be kept in the Tower within the kings palace The 14 of March the Duke appeared before the K. Lords where on his knees he denied as untrue the 8 Articles of Treason and the same offered to prove as the King shall appoint The Chief Justice thereupon by the kings command asked this Question of the Lords what advise they would give the King what is to do further in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17 of March the king sent for all the Lords Spiritual and Temporal then being in Town being 24 in all into his Inner Chamber within his Palace of Westminster where when they were all assembled he then sent for the Duke thither who coming into the Kings presence kneeled down and continued kneeling till the Chancellor of England had delivered the kings command to him and demanded of him what he said to the Commons Articles not having put himself upon his Peerage Whereupon the Duke denied all the Articles touching the kings Person and state of the Realm as false and scandalous And so not departing from his said Answers submitted himself to the kings Rule and Governance without putting himself upon his Peerage Where thus the Chancellor told him That as touching the great and horrible crimes contained in the first Bill the king holdeth him neither declared nor charged And as touching the second Bill containing misprisions which are not criminal the king by force of his submission by his own advice and not reporting him to the advice of the Lords nor by way of judgement for he is not in place of judgement putteth you to his Rule and Governance that before the first of May next coming he should absent himself out of the kingdom of England and all other his Dominions in France or elsewhere and that he nor no man for him should shew or wait any malice nor hate to any person of what degree soever of the Commons in the Parliament in no manner of wise for any thing done to him in this Parliament or elsewhere And forthwith Viscount Beaumont in behalf of the said LORDS both spiritual and Temporal and by their advice assent and desire said and declared to the Kings Highness That this that so was decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and Counsels but was done by the Kings own demeanoir and rule Wherefore they besought the King that this their saying might be enacted in the Parliament Roll for their more declaration hereafter with this protestation that it should not be nor turn in prejudice nor derogation of them their heirs ne of their successors in time coming but that they may have and enjoy their liberty as they or any of their Ancestors and Predecessors had and enjoyed before this time This is the sum of this large Record which makes nothing to the purpose for which Sir Edward Cook cites it in his 4 Institutes p. 25. That it is ERROR when both Houses joyn not in the Judgement For first here is nothing but an impeachment only by the Commons of a Peer who ought to be tryed judged only by his Peers not by Commoners Secondly there was no judgement given in Parliament in this case but only a private Award made by the King out of the Parliament House in his own Chamber in presence of the Lords Thirdly the Lords entred a special protestation against it as not made by their advice or consent Fourthly they enter a special claim in the Parliament Roll for the preservation of their Right and Freedom of Peerage for hereafter both of being tried and judged only by their Peers in Parliament and so an express resolution that the Peers in Parliament are and ought to be Judges especially of Peers not the Commons These Records of these cited at large lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Readers In the Parliament of 31 H. 6. rot Parl. n. 28. Thomas Earl of Devonshire was accused of Treason tried for and acquitted thereof by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the loyalty of the said Earl to be touched thereupon the said Earl protesting his Loyalty referred himself to further Trial as a Knight should doe upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject Edward Duke of York with the Earls of March Warwick Salisbury Rutland John Lord Clinton and others were impeached and attainted by Judgement of the Lords in Parliament of High Treason for raising forces and levying war against King Henry the 6. and afterwards attainted by Bill in the Parliament of 38 H. 6. n. 7. to 26. In the Paâ—liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter Viscount Beamont the Earls of Pembroke Wilts and Devonshire the Lords Nevil Roos Gray Dacre Hungerford and others were first attainted and condemned of High Treason by THE LORDS and after by Bill for levying warr against King Edward the fourth The Duke of Somerset and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford with others in the Parliament of 14 E. 4. n. 34. to 41. were in the same manner for the same offence attainted of High Treason and their Lands forfeited To pretermit all other Attainders of this Nature in cases of High Treason in the reigns of Henry the 8. Edward the 6. Queen Mary Queen Elizabeth and King James both in our English and Irish Parliaments formerly touched p. 196 197 198 199. In the Parliaments of 18 21 Jacobi Sir Francis Bacon Viscount St. Alban Lord Chancellor of England and the Earl of Middlesex Lord Treasurer of England were impeached accused convicted of Bribery Corruption and other misdemeanors removed from their places fined Middlesex 50000 l. imprisoned made uncapable of any Office and thus censured by Iudgement of the Lords house as the Journals of those Parliaments
to them in all ordinary Civil and criminal causes For prooâ— whereof you may peruse at leisure M. Seldens Titles of Honour Part 2. c 5. Sect. 5. Sir Edw. Cooks Institutes on Magna Charta c. 35. His 4. Institutes c. 53. the Laws of King Edgar and Edward there cited Spelmanni Glossarium Tit. Comites Mr. Lambards Archaion f. 135. Horns Mirrour of Justices c. 1. Sect. 2 3. If then they were Judges of the Commons and people in every County by reason of their Honours Dignities even in antientest times in ordinary Causes there is great right and reason too they should be their Judges also in all their extraordinary causes as well criminal as civil even in Parliament 3ly The Lords Peers and great Officers of State in respect of their education learning experience in all proceedings of Justice and Law are more able fit to be Iudges of Commons in Parliament than ordinary Citizens and Burgesses especially if chosen out of the Cities and Boroughs themselves for which they serve as antiently they were and still ought to be by the Statutes of 1 H. 5. c. 1. 32 H. 6. c. 15. and by the very purports of the writs for their election at this very day de qualibet Civitate Com. praedict DVOS CIVES de quolibet Burgo DUOS BVRGENSES who have better knowledg skill in Merchandise and their several Trades than in matters of Judicature or Law Therefore the Right of Judicature was thought meet even after the Commons admission to our Parliaments to be still lodged and vested in the House of Peers as before who are the ablest and fittest of the two rather than in the Commons House 4ly Since the division of the Houses one from another if ever they sate together which cannot be proved the House of Peers are dis-ingaged and indifferent parties between the King and Commons and so fittest of all to he Judges between them as the Mirrour of Justices c. 1. resolves so it hath been stil furnished with the ablest Temporal and Spiritual persons for their Assistants in judgement and advice to wit with all the Judges of the Realm Barons of the Exchequer of the Coyâ— the Kings learned Counsel the Masters of the Chancery who are Civilians or Lawyers the Master of the Rolls the Principal Secretaries of State with other eminent persons for parts and learning and the Procuratores Gleri all which are called by Writ to assist and give their attendance in the upper House of Parliament where they have no voices but are to give their counsel and advice only to the Lords when they require their assistance especially in cases of Law and Judicature For proof whereof you may consult the Statutes of 31 H. 8. c. 10. The Register of Writs f. 261. Fitz. Nat. Brev. f. 229. a. b. M. Seldens Titles of Honor part 2. c. 5. Sir Edw. Cooks 4 Instit p. 4 5 6 44 45 46. and the Parliament Rolls and Authorities there cited by them seconded by our present experience Now the House of Peers being thus assisted with the advice of all the Judges of England the Kings learned Counsel and others ablest to advise them in all Criminal Civil or Ecclesiastical matters cases that come before them were in this regard thought fittest by our Ancestors and the Commons themselves who have no such assistants to have the principal and sole power of Judicature in all civil and criminal causes as well of Commoners as Peers that are proper for the Parliaments Judicature by way of censure or redress 5ly There can be no judgement given in any of the Kings Courts in Criminal causes but where the King is personally or representatively present sitting upon the Tribunal and where the proceedings are Coram Rege And therefore in the end of most antient Parliament Rolls we find the Title of Placita Coronae CORAM DOMINO REGE IN PARLIAMENTO SUO c. as in 4 E. 3. 21 R. 2. 1 H. 4. and other Parliaments Now as the Kings person is represented Judgements given Justice executed in all Criminal and Civil cases in the Kings Bench Eyres Goal Deliveries Oyers and Terminers and all his other Courts by his Judges and Justices in his absence So is it represented in our Parl. in the Lords house by his Commissioners and the Lords and Judgements given Justice executed by them in al criminal civil causes and no ways by the Commons who neither sit nor judge in the House of Peers Therefore the House of Peers only noâ— the Commons are the true and proper judicatoâ—y where the King the supream judge fits usually in Person and alwayes in representation in his absence 6ly There can be no legal trial or Judgement given in Parliament in Criminal causes or others without examination of witnesses upon Oath as in all other Courts of justice But the House of Peers alone have power to give and examine witnesses upon Oath and the whole House of Commons no such power but to take Informations without Oath which neither they nor their Committees can administer unless by special Order and Commission from the King or Lords Therefore the power of judicature in Parliament even in Commoners cases is inherent only in the House of Peers and not in the Commons House 7ly It is a rule both of Law and justice that no man can be an informer prosecutor and judge too of the persons prosecuted informed against it being contrary to all grounds of justice therefore he ought to complain and petition to others for Justice But the Commons in all ancient Parliaments and in this present have been informers and prosecutors in nature of a Grand Inquest to which some compare them being summoned from all parts of the kingdom to present publike Grievances and Delinquents to the King and Peers for their redress and thereupon have alwayes petitioned complained to the King and Lords for Iustice against all other Delinquents and offenders in Parliament not judged them themselves witness their many impeachments accusations complaints sent up and prosecuted by them in former Parliaments and this to the Lords not only against Peers but Commoners of which there are hundreds of presidents this very Parliament Therefore the House of Lords hath the proper right of judicatory vested in them even in Cases of Commoners not the Commons who are rather Informers Prosecutors and Grand Jury men to inform impeach than Judges to hear censure determine and give judgement as is resolved in 1 H. 4. n. 79. 8ly Those who are proper Judges in any Court of Justice whiles the cause is judging sit in their Robes and that covered on the Bench not stand bare at the bar sweat and examine the witnesses in the cause not produce them or manage the evidence and when the cause is fully heard argue and debate the businesse between themselves and then give the definitive sentence But in all cases that are to be tried and judged in Parl. the
shall prove by most clear and infallible evidences and presidents as well antient as modern Our Noble King Alfred as he ordained for the good estate of the Realm that the Earls and Noble thereof by a perpetual custom should twice every year or oftner in times of Peace assemble together in Parliament at London to govern the people of England and keep them from sinne as Andr. Horn informs us in his Mirrour of Justices c. 1. p. 10. So the same Author records c. 5. p. 296 297 c. That this royal Justiciary who took a short account each year of all his Judges proceedings in his Parliaments condemned and hanged up in one year about An. 890 as I conjecture no lesse than 44 of his Judges and Justices as Murderers for executing his Subjects and putting them to death against Law without any legal cause or sufficient evidence or tryal by a Jury of their Peers and imprisoned fined punished others of them in the self same kind as they had injuriously imprisoned fined and punished his Subjects against Law and that no doubt by the advise and assent of his Nobles in Parliament upon complaint of their injustice and corruption the proper Court for punishment of such Offenders whose names and causes recorded at large by this Author shew them to be all Commoners and no Peers of the Realm Anno 1096. William de Anco and William de Alderi were hanged for Treason against William Rufus by judgment of the Lords in a Parliament at Salisbury King Henry the 2. Anno 1166. holding a Council at Oxfâ—quidam pravi dogmatis seminatores tracti sunt IN JUDICIUM praesente Rege et Episcopis Regni quos à fide Catholica devios et in examine superatos facies cauteriata notabiles cunctis exposuit qui expulsi sunt à regno These Hereticks thus branded in the face and banished the Realm by the judgement of the King and this Council ae Nubrigensis informs us were above 30. men and women who came out of Germany into England under one Gerard their Captain stiled Publicans who went about the Country to spread their errors but at last being detected they were apprehended and cast into prison and then brought before the King and a Council of his Bishops where being convicted of Heresie they were adjudged by the K. to be publikely whipped branded in the face and then banished the Realm Hujus severitatis pius rigor non peste illa quae jam irrepserat Angliae regnum purgavit verum etiam ne ulterius irreperet incusso haereticis terrore praecavit as Nubrigensis observes In the year 1224. the 8. of King Henry the 3. his reign the King requiring a restitution and resumption of his Castles and Lords detained from him by some Nobles and others who at last for fear of the Bishops excommunication against such as detained them and disturbed the peace of the Realm and also of the Kings power and justice much against their wills reddiderunt singuli Castella et municipia et honores et custodias Regi quae ad coronam spectare videbantur Thereupon Falcatius de Breut a Norman born a Soldier under King John in the Barons wars trusting on the Kings and other great mens favors fortified the Castle of Bedford situated on another mans ground and presuming on his friends and his own military power and wealth gained in the wars he feared not violently and unjustly to take away the Freeholds lands and possessions of divers of his neighbours and more epecially he disseised 52. Freemen in the Manor of Luiton of their Freeholds and Tenements without judgement and appropriated their Common pastures to himself Whereof complaint bing afterwards made to King Henry the 3. Anno 1224. the King assigned Martin de Pateshulle Thomas de Multon Henry de Braibroc and certain other Justices to take the recognition of the parties complaining of these disseisins by an Assise of Novel disseisin and to do them Justice Who having received their recognitions according to custom the said Falcatius was condemned to pay them costs and damages for the spoils done in the said Tenements to which the Plaintifs were judicially restored Which Falcatius taking very impatiently being likewise amerced one hundred pounds to the King for every of the said Tenements for his forcible entry into them he in a great fury commanded his Garison souldiers in the Castle of Bedford to march armed to Dunstaple where the Justices Itinerant sate and gave judgement against him and to take and bind them in chains and carry them to Bedford Castle and there detain them close prisoners in the Dungeon The Justices having notice thereof fled thence with all speed some one way some another but Henry de Braibroc flying was at unwares taken by the Souldiers who used him very inhumanly then carryed him prisoner to Bedford Castle and there kept him prisoner King Henry at that time was at Northampton where he held a Parliamentary Council Cum Archiepiscopis Episcopis Comitibus Baronibus et aliis multis de regni negotiis tractaturi voluit erim Rex uti consilio MAGNATUM SUORUM de terris transmarinis quas Rex Francorum paulatim occupaverat but it hapned otherwise than he hoped For the rumor of this act of Falcatius being divulged the wife of the said Henry Braibroc came to the King at Northampton et audiente univerâ—o Concilio de viro suo cum lachrymis querulans deposuit Quod Rex factum minus indigne ferens quaesi vit Consilium a Clero simul et Populo to wit the Spiritual and Temporal Lords Clerus Regni Populus when single being frequently used for the Lords Spiritual and Temporal both in Matthew Paris Hoveden Bromton and others not for the inferiour Clergy and Commons house not then in being as some Antiquaries mistake quid sibi super tanta injuria foret agendum At omnes una voce concilium Regi dederunt quatenus sine mora et omnibus aliis praetermissis negotiis in manâ— valida et armata ad Castrum praedictum procedens tantam temeritatem studeat vindicare Cumque Domino Regi placuisset SENTENTIA ipso jubente omnes ad arma quam citius convolantes ad castellum praedictum de Bedeford tam Clorus quam Populus pervenerunt The whole Parliament marching in person to execute this their Sentence upon these transcendent military Malefactors Hereupon the King sending Messengers to the Commanders of the Castle required entrance to be given to him and commanded Henry Braibroc his Justice to be rendered But William de Brent Brother of Falcatius and the rest within it answered the Messengers that they would not render the Castle nor Justice unless they had a command from their Lord Falcatius and especially for this reason quod Regi de Homagio vel fidelitate non tenebantur astricti With which answer the King being much incensed commanded the Castle to be presently encompassed with military
against Judge Thorp should be brought into the Parliament and there read openly BEFORE THE LORDS to have every of their advice concerning it whether this Iudgement were legal or not et nullo contradicente all the Lords affirmed the judgement to be legal and good considering that he against his Oath received Bribes And therefore it was agreed by all the Lords that if the like case should hereafter happen the King might take to him such Nobles as he should think meet and therein do according to his pleasure Provided this judgement should not be drawn into example against any other Officers who should break their Oaths but only against those qui praedictum Sacramentum fecerunt of Justices et fregerunt et habent leges Regales Angl. ad custod Here the Lords were sole Judges of the Judge who was a Commoner and gave judgement against him without the Commons yea declare the Law in this new case both in and out of Parliament In the Parliament of 21 E. 3. n. 68. The Commons by divers Bills complained to the Lords of divers extortions grievances prejudices done to the King and Commons by John Wattenham and Walter de Cheriton Merchants who desired the King would command them to come before THE COUNCIL LORDS in Parliament to answer what should be objected and clear themselves In the Parliament of 50 E. 3. n. 17 18 19 20. The Commons accused Richard Lyons Merchant of London of divers deceits extortions and misdemeanors whiles he was farmer of the Customs and last subsidy for transporting wools and staple Commodities procuring new Impositions on staple ware for buying debts from the Kings Creditors at under rates and making the King to pay the whole for taking of bribes and defrauding the King To some of which charges he answered and to the rest submitted himself to the King touching Body Lands and Goods Whereupon THE LORDS adjudged him to prison during the Kings will that his lands tenements and goods should be seised to the Kings use that Commissions should issue throughout all England to inquire of his Extortions whiles farmer of the subsidies and that he should be disfranchised Upon this Judgement in the Fine Roll of 50 E. 3. m. 19 21 22. there issued out writs for the arresting and selling the goods of Richard Lyons to the Kings use which were his on the 19 of March certis de causis coram Nobis et Concilio nostro in praesenti Parliamento nostro propositis c. per Concilium in Parliamento The same Parliament 50 E. 3. n. 31 32. William Ellis of great Yarmouth was accused by the Commons of sundry extortions whiles he was Deputy Farmer of the kings subsidie to Richard Lyons To which he seemed sufficiently to answet yet was BY THE LORDS adjudged to prison and to make a fine at the Kings pleasure Ibidem Num. 33. Iohn Peach of London was impeached by the Commons for procuring a license under the Great Seal that he only might sell sweet wines in London by colour whereof he took 4 s. 4 d. of every man for every Tun thereof sold which he justified he lawfully might doe Notwithstanding JUDGEMENT was given against him by THE LORDS that he should be committed during the Kings pleasure and make recompense to all parties grieved Num 37. Adam de Bury was accused of divers deceits and wrongs done by him whiles Mayor of Callice and Captain of Bellingham Being sent for to come to the Parliament he came not nor could he be found Thereupon the Lords agreed that all his goods and chattels should be arrested and so they were All these Commons were first impeached by the Commons and thus judged and censured by THE LORDS in this GOOD PARLIAMENT as Historians and others stile it And in the Commons petitions therein there are divers Petitions of Grievances from sundry Counties Towns persons complaining of wrongs and grievances presented to the King and Lords for redresse of oppressions extortions Monolies c. In the Parliament of 1 R. 2. n. 41 42 43. Dame Alice Pâ—etrees was brought before THE LORDS by Sir Richard Scroop Knight and there charged for pursuing matters at the Court contrary to an Order made in the Parliament of 50 E. 3. n. 35. and procuring King Edward to restore Richard Lyons to his lands and goods c. she denied she pursued any such thing for singular gain against that Ordinance whereupon diverse Officers Counsellers and Secretaries of king Edward 3. were examined against her who proved she made such pursutes and that for private gain in their conceits Whereupon the Lords alone without the Commons gave Iudgement against her that she should be banished according to the order aforesaid and forfeit all her Lands Goods and Tenements to the King The same Parliament 1 R 2. n. 32 33. The Lords committed William Fitz-Hugh Goldfiner and Citizen of London to the Tower for refusing to averr a Petition exhibited by him in the name of the poor Commonalty of that mystery complaining against John Chichester and John Bolcham of the same mystery of divers oppressions done by them to the said Commonalty In this very Parliament of 1 R. 2. n. 38 39 40. The Commons prayed that all those Captains who had rendred or lost Castles or Towns through default might be put to answer it in this Parliament and severely punished according to their deserts BY AWARD or Judgement OF THE LORDS and BARONS to eschew the evil examples they had given to other Governors of Towns and Castles Whereupon Sir Alexander de Buxton Constable of the Tower was commanded to bring BEFORE THE LORDS IN PARLIAMENT William de Weston and Lord of Gomynes both of them Commoners on Friday the 27 of November to answer such Articles as should be surmised against them on the Kings behalf Being brought BEFORE THE LORDS in full Parliament they were severally articled against at the command of THE LORDS by Sir Richard le Scrop Knight Steward of the Kings House and their several Articles and answers to them in writing read before THE LORDS Which done the Constable was commanded to bring them again before THE LORDS on Saturday next ensuing being the 20 of November on which day it was shewed unto them severally by the said Steward by THE LORDS COMMAND That THE LORDS OF THE PARLIAMENT whose names are particularly mentioned in the Roll had met together and considered of their respective answers and that IT SEEMED TO THE LORDS AFORESAID that the said William had delivered up the Castle of Onâ—herwycke to the Kings enemies without any duress or want of victuals contrary to his allegiance and undertaking safely to keep it and therefore the Lords above-named sitting in full Parliament adjudge you to death that you shall be drawn hanged But because our Lord the King is not informed of the manner of the Judgement the execution of it shall be respited till the king be thereof informed After which Judgement given
spiritual Cour◠for a temporal cause belonging to the Crown and Common Law which was adjudged by the Lords upon examination to be untrue To passe by the accusation of Sir Philip Courtney of divers hainous matters oppressions dissensions before the King and Lords in the Parliament of 16 R. 2. n. 6.13 14. of which more anon In the Parliament of 17 R. 2. n. 20 21. John Duke of Lancastre Steward and Thomas Duke of Gloucester Constable of England complained to the King that Sir Thomas Talbot Knight with other his adherents conspired the deaths of the said Dukes in divers parts of Cheshire as the same was confessed and well known and prayed That the Parliament might judge of the fault Whereupon the King and the Lords in Parliament without the Commons adjudged the said fact to be open and High Treason And thereupon they awarded two Writs to the Sherifs of Yorks and of Derby to take the body of the said Sir Thomas retornable in the Kings Bench in the month of Easter next ensuing And open Proclamation was made in Westminster Hall That upon the Sherifs retorn and at the next coming in of the said Sir Thomas he should be convicted of Treason and incurr the loss and pain of the same and that all such who should receive him after the Proclamation should receive the like losse and pain In the Parliament of 20 R. 2. n. 15 16 23. Sir Thomas Haxey Clark was by the King Lords in Parl. adjudged to die as a Traytor and to forfeit all his Lands Goods Chattels Offices and Livings for exhibiting to the House of Commons a scandalous Bill against the King and his Court for moderating the outragious expences of his Court by Bishops and Ladies c. Upon the Bishops intercession the King spared his life and delivered him into the custody of the Archbishop to remain as his Prisoner In the Parliament of 21 R. 2. n. 19 20. Pl. Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight of High Treason for raising war against the King accroaching royal power and purposing to surrender his homage and allegiance and depose the King Who flying into the parts of Ireland thereupon the Lords in Parliament assigned him a certain day to come and render himself to the Law or else to be adjudged and proceeded against as a Traytor and Proclamation thereof was made accordingly in England and Ireland to render himself within 3 months And that after that time all his Abettors and Aiders should be reputed for and forfeit as Traytors He not coming at the day The Duke of Lancaster Steward of England by assent of the Lords in Parliament adjudged him a Traytor and that he should forfeit all his Lands in fee and see tayl together with all his Goods and Chattels The like Judgement in like manner was in the same Parliament given against Sir John Cobham Knight for the like Treason Placit Coronaen 16. On the 22 day of March 22 R. 2. n. 27. The King by assent of the Lords adjudged Sir Robert Plesington Knight then dead a Traytor for levying war against him with the Duke of Glocester at Harrengary for which he should lose all his Lands in fee or fee tayl and all his goods And n. 28. Henry Bowht Clerk for being of Counsel with the Duke of Hereford in his device was adjudged by the King and Lords to die and forfeit as a Traytor after which his life was pardoned and he banished In the Parliament of 1 H. 4. n. 79. As the Commons acknowledged that the Iudgements in Parliament had always of right belonged to the King and Lords and not unto the Commons So therein the King and Lords alone without the Commons gave Judgement in sundry cases as Judges in Parliament 1. In Sir Thomas Haxey his case who in his own name presented a Petition in this Parliament a nostre tresedoute seigniour le ROY a LES SEIGNIORS DU PARLIAMENT shewing that in the last Parliament of 21 R. 2. that he delivered a Bill to the Commons of the said Parliament for the honour and profit of the said King and of all the Realm for which Bill at the will of the King he was by the King and Lords adjudged a Traytor and to forfeit all that he had praying that the record of the said Judgement with the dependants thereupon might be vacated and nulled by them in this present Parliament as erronious and that he might be restored to all his degrees farms estate goods chattels ferms pensions lands tenements rents offices advow sons and possessions whatsoever and their appurt and enjoy them to him and his heirs notwithstanding the said Iudgement or any grant made of them by the King The Commons House exhibited a Petition likewise on his behalf to the like effect adding that this judgement given against him for delivering this Bill to the Commons in Parliament was eneontre droit et la course quel avoit estre use devant in Parlement en anientesment des Customs de◠le◠Communes Upon which Petitions Nostre Seignior le ROY de Induis assent des touz les Seigniors esperituelz et temporelz ad ordinez et adjudges que le dit juggement renus vers le dit Thomas in Parlement soit de tout casses revorses repellez et adnullez et tenus pur nul force n'effect et que le dit Thomas soit restitut a ses nom et fame c. nient obstant mesme le juggement 2ly In the case of Judge Rickhill 1 H· 4. n. 92. On the 18 of November the Commons prayed the King that Sir William Rickhill late Just of the Common Bench arrested for a Confession he had taken of the Duke of Gloucester at Calice might be brought to answer for it devant les Seigniors du Parlement whereupon he was brought into Parliament before the Kings presence and all the Lords spiritual and temporal and Commons assembled in Parliament where Sir Walter Clapton Chief Justice of the Kings Bench by the kings command examined the said Sir William how and by what warrant he went to Calice to the said Duke of Glocester and upon what message Who answered that king Richard sent him a special Writ into Kent there recited verbatim commanding him by the faith and allegiance whereby he was obliged to him and under pain of forfeiting all he had to goe unto Caleys And that at Dover he received a Commission from the said king by the hand of the Earl Marshal to confer with the Duke of Glocester and to hear whatsoever he would say or declare unto him and to certifie the king thereof in proper person wherever he should be fully and distinctly under his Seal Whereupon he went thither and took the said Dukes Examination in writing according to the purport of the said Commission a Copy whereof the Duke himself received c Upon the hearing of his answer and defence
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
presidents are but few never judicially argued and rather connived at than approved by the King and Lords taken up with other more publike businesses therefore passing sub silentio they can make no Law rule or right as is resolved in Long. 5 E. 4. f. 110. Cooks 4. Reports f. 93 94. Slades case 6 Report f. 75. Druries case 5ly There are many express antient Presidents Statutes Judgements in most former Parliaments to the contrary sundry of them upon the Commons own Petitions and complaints which will over-ballance and controll these few late Presidents warranted by no old Records or Statutes whatsoever but contradicted by the constant practice of former ages To clear which truth beyond contradiction I shall shew you the very Original of the Commons summons to Parliament by the Kings writs out of meer grace not antient right or custom with the several varieties of Writs Statures touching elections of Knights Citizens Burgesses and chief cases resolved in Parliaments touching Elections breaches of Privileges relating to Members or their menial Servants that I finde upon record which will abundantly clear this point and refute these irregular puny presidents The original of our Parliaments as now constituted of King Lords and Commons is by several of our Historians Antiquaries and Writers referred to the 16. or 17. year of King Henry the 1. or at least to Henry the 2. his reign which I have already refuted by a particular list of all the Parliaments under them Yet many of this opinion affirm that the Commons were not constantly summoned to our Parliaments but only the Lords Spiritual and Temporal before the 49. of King Henry the 3. and beginning of Edward the 1. his reign neither had they a Speaker till 51 E. 3. Therefore no power of Judicature over their Members The first Writ I finde extant that savors of summoning Knights to Parliament is that in the 15. year of King Iohn wherein this King sent a Writ to the Sherif of Oxon in these words Rex Vicecomiti Oxon salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in 15. dies venire facias cum armis suis Corpora vero Baronum sine armis singulariter et IV. DISCRETOS MILITES DE COMITATU TUO illuc venire facias ad Nos ad eundem terminum AD LO QUENDUM NOBISCUN DE NEGOTIIS REGNI NOSTRI Teste meipso apud Witten 11 die Novembris Eodem modo scribitur omnibus Vicecomitibus This is no Writ of Summons to Parliament as some take it but rather to a Military Council as I conceive it For 1. There is no mention of any Bishops Abbots Priors Spiritual Lords Citizens or Burgesses summoned thereto but only of Barons without arms and Knights with arms 2ly Of all knights they had formerly summoned to appear there 3ly Of 4. not 2. discreet Knights out of every County and that not ad Parliamentum nostrum but ad Nos venire facias 4ly They were not to be elected by the people but immediately summoned elected and sent by the Sherifs themselves 5ly They were to come ad loquendum nobiscum not ad faciendum consentiendum hiis c. as the usual Writs of Summons for Knights of Shires are since without any power of Judicature to fine seclude or question one anothers elections or returns as now The very first express writ extant in History or Records that I can meet with upon search for the calling of Knights Citizens and Burgesses to Parliament is in 49 â—3 where the King after the battel of Evesham by his Writs summoned no less than 64 Abbots 36 Priors besides the Bishops and 5. Deans of Cathedrals and the Temporal Earls and Barons only 23. in number the rest being slain in the field or in actual rebellion After their Writs of Summons and name â—ollows this Writ or Note of summons for Knights Citizens and Burgesses and Barons of the Cinqueports Item mandatum est singulis Vicecomitibus per Angliam quod VENIRE not elâ—gi FACIANT duos Milites de Legalioribus Probioribus et discretioribus Militibus singulorum Comitatuum AD REGEM Londoniis in Octabis praedictis in forma supradicta Item in forma praedicta scribitur CIVIBUS Eborum Civâ—bus Lincoln caeteris Burgis Angliae quod mittant in forma praedict DUOS DE DISCRETIORIBUS LEGALIORIBVS PROBIORIBUS TAM CIVIBUS QUAM BURGENSIBUS SUIS Item in forma praedicta mandatuÌ„ est Baronibus et probis hominibus Quinque Portuum prout continetur in brevi inrotulato inferius Here the King 1. limited both the number and quality of the Knights Citizens and Burgesses when first summoned to our Parliaments 2ly He directed particular Writs to all Sherifs to summon not to elect by the choice of the Freeholders two of the legallest honestest discreetest Knights in their Counties which they alone were then to make choice of 3ly He sends particular Writs to some not all Cities and the rest of the Burroughs of England to send two of their discreetest legallest and honestest Citizens and so to the Cinqueports to send such Barons to this Parliament And if they returned any not thus qualified against the form of these Writs no doubt the King himself might refuse seclude them and he with his Lords were the sole Judges of their fitness for that service not they themselves to judge of their own or their fellow Members fitness or incapacity The first seclusion of any Knights Citizens and Burgesses in Parliament and electing others in their places was by the King himself with his Councils advice not by the Commons themselves for wilfull absence Claus 5 â— â— m. 26 dorso where divers Knights of Shires Citizens and Burgesses departing from the Parliament held at London without the Kings special license the King thereupon issued out Writs to the Sherifs of Yorkshire and other Counties to summon all such Knights Citizens and Burgesses within their Bayliwicks to return to the Parliament vel alios ad hoc idoneos loco ipsorum si ad hoc vacare non possunt eligere c. or to cause others who were fit to be elected in their places if they could not attend the Parliament with sufficient authority from the Counties Cities and Boroughs to consent to those things which should be ordained at the next Session of Parliament then prorogued to a certain day Here the King alone by his Writ takes authority to discharge those Knights Citizens and Burgesses who departed from the Parliament without his license and would or could not attend it without the Commons votes or assents and to command the Sherif to elect other sit persons in their places Claus 4 E. 3. m. 13 Dorso The King having issued out writs of Summons to Parliament dated Octob. 23. The 3 of November following he sent writs to all Sherifs to proclaim in all places That he being
or jurisdiction to enlarge him or to fine or imprison those who took him in Execution as of late times they have done And in this Parliament upon the petition and supplication of the Prelates and Clergy n. 32. the King by the assent and advice of the Lords enacted the Statute of 8 H. 6. c. 1. That the Clergy and their Attendants called to the Convocation by the Kings writ should have and enjoy for ever hereafter the same liberty and immunity in going coming and tarrying as the Great men and Commonalty of England called or to be called to the Kings Parliaments have used and enjoyed they complaining to the king that they and their servants coming to the Convocation were oftentimes and commonly arrested molested and inquieted Which they had no power to redress but only the King and Lords upon their complaints thereof In the Parliament of 18 H. 6. n. 13. It was shewed to the King and the Lords Spiritual Temporal that Gilbert Hore Sherif of the County of Cambridge upon the kings writ directed to him to chuse 2. knights for that shire had made no return of any knights for that County for certain reasons therein expressed Whereupon the King by advice and assent of the Lords Spiritual and Temporal not the Commons house alone as now nor yet joyntly with them ordered that a New writ for electing 2. knights for that County should be directed to him and that he should make proclamation that no person should come to the election with arms or arrayed in warlike manner in disturbance of the said election and breach of the kings peace A memorable president of the Kings and Lords Jurisdiction even in point of elections In the Parliament of 23 H. 6. n. 41. The Commons petitioned the king that by the advice and assent of the Lords Spiritual and Temporal and at their special request it might be enacted that every Member of the Lords and Commons house who should have any assault or affray made upon him being at the Parliament or going to or coming from thence might have the like remedy at Sir Thomas Parr knight had given him in this Parliament to wit upon petition of the Commons in his behalf to the King and Lords being the same as was enacted in Chedders case 11 H. 6. c. 11. before Whereunto the king answered The Statutes therefore made shall be observed In the Parliament of 31 H. 6. rot parl n. 25 26 27 28. we have this memorable famous case touching privilege of Parliament in their very Speakers own case resolved by the Lords Thomas Thorp chief Baron was chosen Speaker of the Parliament after his election and before the Parliament which was prorogued sat he was arrested and taken in execution at the sute of the Duke of York whereupon some of the Commons were sent up by the House to the king and Lords spiritual and temporal sitting in Parliament desiring that they might enjoy all their ancient and accustomed privileges in being free from arrests and propounded the case of Thomas Thorp their Speaker to them desiring his inlargement whereupon the said Lords spiritual aad temporal not intending to hurt or impeach the privilege of the Commons but equally after the course of Law to administer Justice and to have knowledge what the Law will weigh in that behalf declared to the Justices the premises and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the said privilege of Parliament or not To the which question the chief Justices in the name of all the Justices aforesaid communication and mature deliberation had among them answered and said That they ought not to answer that question for it hath not been used aforetime that the Justices should in any wise determine the privilege of this high Court of Parliament for it is so high and mighty in his nature that it may make that Law which is not and that that is Law it may make no Law and the determination and knowledge of their privilege belongeth to the Lords of the Parliament and not to the Justices But as for declaration of proceedings in the lower Courts in such cases as writs of Supersedoas of Privilege of Parliament be brought and delivered the said chief Justice said that there be many and divers Supersedeas of privileges of Parliament brought into the Courts but there is no general Supersedeas brought to furcease all Processes for if there should be it should seem that this high Court of Parliament that ministreth all Justice and equity should let the process of the common Laws and so it should put the party plainant without remedy for so much as actions at Common Law be not determined in this high Court of Parliament And if any person that is a Member of this high Court of Parliament be arrested in such cases as be not for Treason or Felony or surety of the Peace or for condemnation before the Parliament it is used that all such persons should be released of all such arrests and make an Attorney so that they may have the freedom and Liberty freely to attend upon the Parliament After which answer and Declaration it was throughly agréed assented and concluded by the Lords Spiritual and Temporal that the said Thomas according to the Law should remain still in prison for the causes abovesaid the privilege of the Parliament or that the same Sir Thomas was Speaker of the Parliament notwithstanding And that the premises should be opened and declared to them that were comen for the Commons of this land and they should be charged and commanded in the kings name that they with all goodly hast and speed proceed to the election of another Speaker The which premiâ—es for as much as they were matters of Law by the commandement of the Lords were opened and declared to the Commons by the mouth of Walter Moyle one of the kings Sergeants at Law in the presence of the Bishop of Ely accompanyed with other Lords in notable number and there it was commanded and charged to the said Commons by the said Bishop of Ely in the kings name that they should proceed to the election of another Speaker with all goodly hast and speed so that the matters for which the king called this his Parliament might be proceeded in and this Parliament take good and effectual conclusion and end Whereupon the Commons accordingly elected Thomas Charlton knight for their Speaker the next day and acquainted the Lords therewith and desired the kings approbation of their choice which was accorded unto by the king by assent of the Lords Lo here 1. the Lords Spiritual and Temporal are the sole Judges of the privilege of the very Speaker of the House of Commons who is here adjudged to remain in execution notwithstanding their petition for his enlargement 2ly The whole House of Commons could not then send for nor yet enlarge their own Speaker when imprisoned
2. c. 4. 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 11 H. 6. c. 11. 23 H. 6. c. 15. which cite Our Lord the King willeth commandeth and Ordaineth or hath Ordained by advice and assent of the Lords Spiritual and Temporal upon complaint or at the special request of the Commons to shew that they are only Petitioners not Judges nor Ordainers in all or any of them give them not the least title of Jurisdiction in cases of elections or privileges And therefore according to the resolution of all the Judges Hill 2. Jacobi in the case of Penal Statutes Cook 7 Rep. f. 37. That the prosecution of penal Statutes cannot by law be granted to any nor be prosecuted or executed in any other order or manner of proceeding than by the Acts themselves is prescribed and provided the Commons cannot against the Letter and provision of all those Acts be Judges of them in any other manner or order than they prescribe As for their proceedings in the Committee of Privileges touching Elections since they have interposed in them as they have been very irregular illegal in respect all the Witnesses they examin touching them are unsworn and give their testimonies without Oath upon which they Ground their Votes So they are for the most part very partial and for that cause it is usually stiled The Committee of Affections he that can make the most Friends and strongest party being sure to carry the election for the most part both at the Committee and in the House though never so foul as I could instance in many cases of late times and more especially in the case of the Election of Cirencester 1647. too foul to blot my paper with For their suspending secluding ejecting their own Members I have sufficiently manifested its illegality long since in my Ardua Regni being a late dangerous president began within our memories the sad effects and consequences where of we now discern by these dangerous gradations 1. The Commons began to seclude one another upon pretence of undue elections and retornes in Queen Elizabeths reign but not before which they have since continued and that rather to strengthen or weaken a party in the House then to rectifie undue elections and retorns which a good Act would easily do 2ly In the later and last Parliaments of King Charls they began to seclude Projectors though duly elected 3ly They proceeded to suspend and eject such who were royallists and adhered to the late Kings party 4ly They proceeded to imprison and eject those Members whom the Army Offices impeached or disliked as opposite to their designs 5ly The Minority of the House at last by the power of the Army secured secluded expelled the Majority and 50 or 60. near 400 Members and made themselves the Commons House without them 6ly They then proceeded to vote down and seclude both King and House of Lords then voted themselves to be the Parliament of England sole Legislators and supream authority of the Nation without either King or House of Lords or majority of their fellow Members prescribing an Engagement under strictest penalties against K. House of Lords to seclude them from all future Parliaments 7ly Hereupon the Army Officers and Souldiers who made continued them an absolute Parliament and first of all subscribed the Engagement to be true and faithfull to them without King and House of Lords at last by Divine Justice against their very engagements to them secluded suppressed them all as they had done the King Lords and their fellow Members and declared them to be actually dissolved and no longer to be a Parl. or the supreme authority of the Nation 8ly They then proceeded to chuse and nominate a Parliament at Whitehall alone without the peoples election and then one part of them without the rest resigned their new soveraign power and secluded dissolved the residue and turned them out of doors 9ly They then proceeded to a New model of Parliaments wherein they disabled most of the Freeholders Citizens and Burgesses of England to be either Electors or elected Members contrary to their privilege and all former laws for elections appointed those they stiled the Council of State at Whitehall to seclude what Members they pleased though duly chosen according to their new ill-tuned instruments before or without any examination or reason rendred for their seclusion to the secluded Members or their Electors for their new created Parliaments by which means they secluded whom and how many they pleased in all their late conventions And most of those Reipublican Members and some cashiered Army Officers who were most active in securing secluding their fellow Members in December 1648. and in voting down the King and House of Lordspunc who may now justly say as Adoâ—bezâ—eh once did in another case Judg. 1.8 As I have done unto-others so God hath requited me being secluded secured cashiered dissolved and some of them sent prisoners to remote Castles as they secluded and thus imprisoned my self with other their fellow Members without cause and most justly branded in several Pamplets and Declarations for a CORRVPT PARTY carrying on their own ends to perpetuate themselves in their late Parliamentary and supream Authority never answering the ends which God his people and the whole Nation expected from them but exercizing an arbitrary power at Committees and elsewhere over them likely to swallow up the antient Liberties and Properties of the People to increase their vexations c. as they had most unjustly taxed the secluded Members 1648. for A CORRVPT MAJORITY acting contrary to their trusts Which I desire them now seriously to lay to heart and to acknowlege Gods Soveraign Justice therein 10ly Their new Major Generals in their last elections prescribed to all Countries and to most Cities Burroughs by letters lists of names sent to them what persons they must elect secluding those they elected which were not in their lists and caused Sherrifs to return many they nominated though never elected but protested against by those who were to chuse them rather to carry on private interests designs than the private or publike good Laws Liberties Properties Peace Ease of the Nation from importable Taxes Excizes Slaverie and armed guards and to set up private Conventicles Parties instead of free publike English Parliaments duly elected and constituted These the sad effects of this Innovation and Usurpation of the Commons over their own Members by the objected Presidents which by Divine Justice have made all their new modelled Conventions abortive successess yea to end in sudden confusions and unexpected dissolutions ever since Besides from this their late fining imprisoning and judging of their fellow Members in the House they proceeded in the last long Parl. to make almost every Committee of the Commons House a most arbitrary tyrannical Court of Justice independent on the
upon him nor condemn him but by the lawfull judgement of his Peers or by the Law of the Land Whence thus they argue The Lords in Parliament are not Commoners Peers but the Commons only therefore they cannot be judged in Parliament by the Lords but by the Commons alone and if Peers there judge Commoners it is a tyranny and usurpation even against Magna Charta it self though it be in case of privilege To take away this grand seeming Objection and give it a satisfactory answer I say First in general that there is scarce one Parliament ever since Magna Charta was first confirmed but the Lords have sentenced and given Judgement against some Commoners capitally or penally in body purse or both without the Commons and did so doubtlesse before Magna Charta was made as I have already manifested yet never did the Commons in any one of those Parliaments till this present complain of it as a violation of Magna Charta or a tyrannical usurpation as Lilburn and Overton stile it but acknowledged ir as a just right in the Lords even in 3 Caroli it self when the Petition of Right was passed in the Lords Judgement and Sentence against Dr Manwaring a Commoner impeached by the Commons in Parliament And therfore for this Ignoramus alone against the judgment of the Commons in Parl. in all ages to averr this a breach of Magna Charta for imprisoning and sining him for the highest affront and breach of privilege ever offered to any Parl. is the extremity of ignorance malice singularity Secondly I answer That the Statute of Magna Charta extendeth not to nor was ever intended of the high Court of Parliaments Judgements Proceedings but only to and of the Proceedings Judgements in the Kings great Courts of Justice at Westminster Hall the Exchequer his Privy Council and other inferior Courts held before Judges Justices of Assise and other Officers as is evident by comparing this objected Chapter with c. 11 12 13 14 18 28 30 34 37. by the Statutes of 25 E. 3. Stat. 5. c. 4. 28 E. 3. c. 3. 37 E. 3. c. 18. 38 E. 3. c. 9. 42 E. 3. c. 2. 17 R. 2. c. 6. and the Petition of Right it self 3. Caroli which so expound it there being never any complaint against the Parliament it self or House of Peers in any age for breach of Magna Charta in censuring or imprisoning Commoners till now Therefore this misapplying of this Law to the Parl. and House of Peers is a gross oversight Thirdly the very literal sence of this Law is much mistaken by the Objectors The main scope whereof is this That no man should be deprived of his Freehold Liberties Limbs life or outlawed exiled or otherwise destroyed without legal process in due form of Law in Courts of Justice not by meer force violence injustice arbitrary and tyrannical power or martial Law nor being brought to his legal trial or answer And that none should pass upon them in any trials for freehold or life but only English Freemen Now in respect of Freedom any every Freeman of England is a Peer to another Freeman quatenus such a one within this Law though of an higher degree in point of honour dignity office estate as Knights Esquires Gentlemen Yeomen Citizens Merchants these as Freemen are all Peers one to another and may pass upon each other in Juries both in civil and criminal causes and this clause No Freemâ—n shall be imprisoned c. but by the lawfull judgement of his Peers extends only to villains and those who are not Freeholders from being Iudges of Freemen and Freeholders in trials by Jury whence the Writs to the Sherifs to summon Jurors require them alwayes to return Liberos Legales homines not to exclude Lords or Peers who are Freemen in the highest degree to be Judges of Commoners who are Freemen So as the Argument from the true meaning of this Law can be but this in respect of the persons quality who are to give judgement Villains and those who are no Freemen are not to be Judges of or impannelled in Juries to condemn Freemen because they are not their Peers nor Freemen as well as they Therefore Lords who are Freemen of the highest degree may not give judgement against Commoners who are Freemen Very learned nonsence We all know that the Lord Chancellor of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Judges of the Kings Courts in Westminster Hall in former times with the Chief Justiciar and Justices in Eyre were antiently and of late too as the Earl of Holland and others Peers of the Realm not Commoners and that all the Peers of the Realm are in Commissions of Oyer and Terminer and of the Peace yet did we never hear of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Bench the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realm but no Commoner as I am besides you sit here only in the Kings right doing all in his name and representing his person who is not my Peer but Sovereign Therefore you ought not to judge my cause condemn my person nor give any sentence for or against me it being contrary to Magna Charta which enacts That no freeman should be judged or passed upon or condemned but by the lawfull judgement of his Peers Certainly no person was ever yet so mad or sottish to make such a Plea before Ignoramus Lilburn And if Lords Peers may judge the persons causes of Commoners in the Chancery Kings Bench Exchequer Court of Wards Eyres and at Assises Sessions without any violation of this clause in Magna Charta though they are exempted to be impannelled or serve in Juries in cases of Commoners as Commoners in Juries to try them much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners as Freemen though Commoners be not Peers to them as Lords within the meaning of Magna Charta chap. 29. Fourthly If the Lords in Parliament cannot meddle with or give judgement in Commoners causes without breach of this clause in Magna Charta then why did Lilburn himself sue and petition to the Lords as the only competent Judges to reverse his sentence in Star Chamber and give him damages because it was against this very Chapter of Magna Charta If Lords cannot give judgement in the case of Commoners as now he holds without express violation of this Law then himself in petitioning the Lords to relieve him against the Star-Chamber sentence because contrary to this very Law and Chapter of Magna Charta was a great a violator of it as his Star-Chamber censurers and his sentence in Star-chamber remains still unreversed because the Lords examining reversing of it they being no Commoners as he is but Peers was Coram non judice and meerly void by the Statute of 25 E.
was again resolved in another Parliamentary Assembly held that year by King Henry the first the Bishops Abbots Great men and Nobles of the Realme as you read before p. 173. Anno 1109. there sprung up another â—ot contest between Arch-Bishop Anselme and Thomas Elect of York about the oath of subjection and canonical obedience which was again debated and after Anselmes death again debated and finally setled in another Parliamentary Council by the King Bishops Nobles and Barons of the Realme of which at large before p. 174 175 176 177. The same Debate coming again between Ralph Arch-Bishop of Canterbury and Thurstan of York after his returne from Exile Anno 1121. was again concluded omnium Concilio Episcoporum Principum Procerum Regni p. 180. After many years intestine bloody wars between the perjured Usurper King Stephen Mawde and Duke Henry her Son for the Crown of England Anno 1153. apud Walingford in conventu Episcoporum et aliorum Regni Optimatum there was a final accord made between Stephen and Henry touching the inheritance and descent of the Crown that Stephen should adopt and constitute Henry for his son heir and successor to the Crown of England immediately after his death which Stephen should enjoy during his life yet so as that Henry should bee chief Justice and Ruler of the Kingdome under him This accord made between them by the Prelates Earles and Barons of the Realme was ratified by King Stephens Charter and subscribed by all the Bishops Earles and Barons in their Parliamentary Council at Walingford The difference and suit between King Henry the 2d and Roderic King of Conact in Ireland touching his Kingship Royalties Dominions Services Homage Loyalty and Tribute to King Henry were heard decided and a final agreement made between them in a great Parliamentary COUNCIL held at Windeshores Anno 1175. wherein King Henry the 2d and his Son with the Arch-bishops Bishops Earles and Barons of England without any Commons were present who made and subscribed this agreement recorded at large in Houeden where you may peruse it King Henry the 2d Anno 1177. Celebrato generali CONCILIO apud Northampton after the feast of St. Hilary by the advice of his Nobles restored to Robert Earl of Leicester all his Lands on this side and beyond the Sea as hee had them fifteen daies before the Warre except the Castles of Mounsorel and Pasci Hee likewise therein restored to Hugh Earle of Chester all the lands which hee had fifteen daies before the warre and gave to William de Abbine Son of William Earle of Arundel in the County of Southsex And in the same Council Deane Guido resigned into the hand of Richard Arch-Bishop of Canterbury the deanery of Walteham and all his right which hee had in the Church of Walteham quietum clamavit simpliciter absolute similiter fecerunt canonici seculares de Walteham de praebendis suis resignantes eas in manis Archiepiscopi sed Dominus Rex dedit eis inde plenariam recompensationem ad Domini Cantuariensis Archiepiscopi aestimationem Deinde Dominus Rex authoritate Papae Domini instituit in eadem Ecclesia de Walteham canonicos regulares de diversis domibus Angliae sumptos constituit Walterum de Garent canonicum sumptum de Ecclesia de Osencie Abbatem primum super congregationem illam magnis redditibus domibus pulcherrimis dotavit illos And then hee expelled the Nunnes out of the Monastery of Ambresbury for their incontinency and distributed them into other Nunneries there to bee kept more strictly under restraint and gave the Abby of Ambresbury to the Abbesse and house of Frum Everoit to hold it for ever Sanctius King of Navar and Alfonso King of Castile in the year 1177. submitted the differences between them concerning certain Lands Territories Towns and Castles to the determination of King Henry the 2d who thereupon summoned a Parliamentary Council of his Bishops Earles Nobles and Barons to hear and decide it by their advice Wherein the case being propounded debated and opened before them by the Ambassadours and Advocates of both Kings appeared to be this That King Sanctius during the minority of King Alphonsus an Orphant his Nephew Pupil and innocent from any crime unjustly and forcedly took from him without any demand hearing or Title divers Territories Towns and Lands there specified which his Ancestors had enjoyed and of right descended to him which hee forcibly detained Whereof hee demanded restitution and dammages On the other side Sanctius complained that Alphonsus the Emperour Father of this Alphonsus had by force of armes unjustly dispossessed his Grandfather of the Kingdome of Navarre after whose death Garsias his Nephew and next heir by the help of his friends and subjects recovered the greatest part thereof from the Emperour but not all Who dying leaving his Son Alphonso an infant with whom Sanctius made a league for ten years Alphonso during the League took by force of armes divers Castles Towns and Lands from Sanctius being his inheritance who thereupon demanded restitution both of the Castles Towns Lands and Territories taken from his Grandfather by Alphonsus his Father and from himself by Alphonsus together with the maine profit of the latter quia sine ordine judiciario ejectus est King Henry having fully heard their cases by the Advice and Assent of his Bishops Earles and Barons adjudged that both these Kings should make mutual restitution of what had been forcibly taken from either party together with the mean profits and dammages for part of them by an award and judgement under his Great Seal subscribed by all his Bishops Earles and Barons which recites super quaerelis vero praetaxatis de castellis terris cum omnibus terris pertinentis suis hinc inde violenter et injuste ablatis cum nichil contra Violentiam utrinque objectam à parte alterutra alteri responderetur nec quicquam quo minus restitutiones quas petebant faciendas essent alligaretur Plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus A clear Parliamentary resolution and judgement in point That Territories Lands Towns Castles injuriously taken by one King from another by force of armes and warre without just Title to them ought in Law and Justice to bee restored to the right heirs and owners of them and that Conquest and the longest Sword are no good Titles in Law or conscience against the right heir or inheriter which I desire those Sword-men and Lawyers who now pretend us a conquered Nation determine Conquest or the longest Sword a just Title to the Crowns Lands Revenues Offices Inheritances Houses Estates of other men now sadly to consider together with the sacred Texts Hab. 7. Micha 2.1 2 3 4 5. Job 20.10 18 19 20. Obad. 10. to 17. Ezek. ch 19. 35. Isa 33.1 1 King 21.1 to 25. Matth. 21.33 to 41. Luk. 20.14 to 17. ch 19.8
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
these 2. deposed Kings these 2. inferences have been made 1. That the Commons have a joynt interest with the Lords in the Judicature and Jugements in Parliament 2. That the Proceedings against our late condemned beheaded King are justifiable and warranted by them I answer that neiâ—her of these 2. Consequences are proved by them For 1. The Commons themselves in this Parliament of 1 H. 4. n. 79. immediately after King Râ—chards deposition confess That the Judicature and Judgements of Parliament belong only to the King and Lords not to the Commons 2ly The Commons neither in nor out of Parliament are may or ought to be the Judges of the meanest Lord or Peer of the Realm who are to be judged tried by their Peers alone as I have abundantly evidenced in the premises Much less then can they be lawful Judges of their Soveraign Lord and King who is a degree above all the Peers of highest dignity In the Parliament An 1260. Prince Edward as I have proved before would be tried only by 2. Kings because all the rest of the Earls and Barons were not his Peers neither could they be his Judges much less then can Peers or Commons be their Kings Judges Peers to ondemn or try him 3ly Our Law-books resolve That the King hath no Peers in his own Realm and Therefore he can neither be legally tried nor judged by the Peers themselves much less by the Commons in Parliament 4ly The Lawes of Hoel Dha King of Wales about the year 940. Lex 20. resolve Rex non poterit secundum legem in lite stare coram Judice suo agendo vel respondendo per dignitatem naturalem yea all the Lords and Commons of England in the Parliament of Lincoln Anno 29. E. 1. in their forecited Letter to the Pope p. 128. resolve That the Kings of England Ex praeeminentia status suae Regiae dignitatis ex consuetudine cunctis temporibus observata neque responderunt neque respondere debebant coram aliquo Iudice Ecclesiastico vel seculari supâ—r juribus suis in regno c. Much less then may or ought they to be put to answer criminally for their lives or Crowns before any Ecclesiastical or Temporal Judge Peers or Commons House or High Court of COMMONS 5ly The Statutes of 16 R. 2. c. 5. and of 25 H. 8. c. 19.21 thus declare resolve and the Archbishop of Canterbury in the Parliament of 16 R. 2. n. 20. protested against the Popes pretended Supremacy That the Crown of England hath been so free at all times that it hath been in subjection to no Realm or Person but immediatly subject to God and to none other in all things touching the Regality of the said Crown And the Statutes of 25 H. 8. c. 19 21 22. 26 H. 8 c. 1.3 27 H. 8. c. 15. 28 H. 8. c. 7.10 31 H. 8. c. 10.15 32 H. 8. c. 22.24 26. 33 H. 8. c. 29. 35 H. 8. c. 1.3.17 19. 37 H. 8. c. 17. 1 E. 6. c. 2. 1 Eliz. c. 1. 8 Eliz. c. 1. 3 Jac. c. 3 4. declare and enact The King to be the only Supreme Head Governor upon Earth both of the Church Realm of Engl. both of which recognize no Super or under God but only the King To affirm then that the Lords or Commons in Parliament may lawfully judge depose the King and deprive him of his Crown Regalities Head Life is to contradict repeal all these Statutes since the inferior Members can no more legally judge the Supreme head of the body politick than the head of the body natural or the Courrs in Westminster hall or Hundred Courts judge the High Court of Parliament and condemn repeal their Acts or Judgements 6ly Though Articles were drawn up against these two Kings pro forma yet neither of them was ever required or judicially summoned to make answer to them or heard or brought to trial before the Lords or Commons Barr or any other Tribunal or Court of Justice Whence the Bishop of Carlisle protested against it as most illegal unjust and trayterous Therefore neither the Lords nor Commons could be properly said their Iudges in this case and their Judgement without hearing or trial of them must needs be most erronious as well as Mortimers and the Earl of Arundels forecited 7ly The Lords and Commons resignation of their Homage to these 2. Kings when deposed shew that even then they esteâ—med them their Superiors Lords Homage being the most honourable and humble service that a franktenant may do to his Lord the tenant being ungirt his head uncovered kneeling down on both his knees before his Lord sitting covered and holding up his hands joyntly together between his Lords and the Kings hands when he doth his homage saying I become your man from this day forward of limb and of earthly worship and unto you shall be true and faithfull and bear faith for the tenements I hold of you And when done to any other Lord it is with a Saving the faith I owe unto our Soveraign Lord the King and his Heirs 8ly The Sentences of Deposition against them were given only by the Legislative power not JUDICIAL by way of Bill consented unto in the Parliament house by the Lords and Commons then sent to these Kings to their prisons and there read unto them by Committees and Proxies representing all the Estates in Parliament Therefore the reading of them to these Kings in their prisons was not properly a judgement neither did it constitute them who read it to them their Judges much less create the Commons Judges of these Kings 9ly All the Lords Spiritual Temporal and Commons concurred joyntly in this Act of resigning their Homage to these Kings to whom they were all joyntly obliged and in whom they had all a common interest Et quod tangit omnes ab omnibus debet approbari Therefore it is no warrant for the proceedings against our late King without the consents and against the Express Votes of the whole House of Lords and of the Majority of the Commons house 10ly The Lords alone without the Commons gave Judgement for the close and perpetual imprisonment of King Richard the 2. therefore they were his sole and proper Judges by way of Sentence his deposition being by the Legislative not Judicial power 11ly These Kings especially the later of them had no sentence of deposition nor proceedings against them til they had through fear or pusillanimity first resigned their Crowns and kingship as unfit to reign or govern any longer which was made the principal ground of their subsequent declaratory depositions by the Lords and Commons when they had reduced themselves into the condition of private men by their resignations These presidents therefore cannot justifie the late proceedings against an actual lawful hereditary King by a small party of the Commons house alone without the House of Peers or the Majority of their fellow-Members who never resigned his
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
Exod. 40. Numb 1 3 4. 1 Chron. c. 23. c. 25.25 26. Numb 25.13 Heb. 5.4 * Mar. ◠†Isa 61 1. c. 65.1 Ioâ— 20 21. Heb. 5.4 5. * Mar. 10. Lu. 9.10 Mar. 28.19 20. Iohn 20.21 1 Cor. 1.17 Gal 1 1. Acts 8. â— 14 15. [c] Case Polit l. 3. c. 2. Bodin de Repub l. 2. c. 2 3. Joan. Mariana de Rege Regum Instit l. 1 c. 3 4. [d] See M. Seldens Titles of Honor. * See Mar. 2.2 Rom. 13.1.2 Exod. 18.25 26. Num. 1.4 to 20. c. 7.2 c. 10.4 c. 23.6 c. 27.2 c. 32.2 Iosh 9.15.19 1 Sam. 23.3 4.9 2 Sam. 10.3 1 Chron. 13.1 c. c. 23.2 c. 28.1 2 Chro. 1 2 3. c. 5.3 4. c. 23.1 c. 20. c. 29 30. c. 30.1 2 c. c. 32.3 c. 34.29 [e] Arist Polit. l. 1. Bodin de Repub. l. 1. c. 2 3 4 5. Dr. Field of the Church l. 1. c. 1 2. Seldens Titles of Honour l. 1. c. 1. sect 3. Gen. 23.6 c. 10.9 10.31 32. Exod 21.15 17. Deut. 21.18 19. * Psal 47.2.6 7.8 Psalm 29.10 Psalm 95.3 to 8. Isay 4â— 15 Ierem. 10.7 Ephes 4.6 Heb 12.9 * 2 Kings 17.20 21 22. * Cook 4 Instit c. 1. p. 1. c. Seldens titles of Honour part 2. ch 5. Cambd. Brit. * see 38 H. 6. n. 35. * Num. 32.1 to 38. Josh 22.23 to 31. Esth 9.27 28.31 32. 1 Sam. 20.42 Jer. 35.2 to the end 2 Sam. 21.7 Prov. 22.28 c. 23.10 1 Sam. 30.24 25. Deut 19.14 c. 27.17 Josh c. 13. to ch 23. See Littleton Fitz-Herbert Brook Ashe Tit. Warranty Obligation Covenant c. †Josh 9.15 to the end 2 Sam 21.1 to 15. Gen. 50.25 c. 13.19 Iosh 24 32. 1 Sam. 20.42 2 Sam. 21.7 (l) See M. Edwards his Gangraena part 3. p. 142. to 162. * Lambardi Archaion Bromton Spelman * Hist c. 1. * In August 1647. sundry Months following much more then since most of them secured and secluded by the Army in Decem. 1648. ever since together with the whole House of Lords (g) 31 H. 8. c. 10. See Mr. Seldens Titles of Honour Cassanaeus Catalogus Gloriae Mundi Alanso Lopez in Nobiliario and others who write of Nobility Cambd. Britan. of the Nobility and Courts of Justice in England and the texts of Scripture p. 6. * 8 H. 6. c. 7. 10 H. 6. c. 2. 32 H. 6. c. 15. Cromptons Iurisd p. 1 2.3 Cook 4 Instit c. 1. (h) Cook 4 Instit c. 1. p 1.10 Modus tenendi Parliamentum Cromptons Iurisdiction of Courts tit Parliament Mr. Seldens Titles of Honour par 2. c. 5. See the Abridgement of the Records of the Tower (i) 33 H. 6.16 Br. Parliam 4. 39 E. 3.7.35 11 H. 7.27 Br. Parl. 107. 4 H. 7.18 7 H. 7.14 Cromptons Jurisd f. 9. Cook 4 Instit p. 15.35 Fortesc f. 20. Dyer 92. Judge Huttons Argument of Mr. Hamdens case p. 22 23. * Mr. Seldens Titles of Honor part 2. ch 5. p. 717. * 4 Instit p. 12. (i) Spelman Concil p. 194. (l) Spelman Ibid. p. 219. (m) Spelman p. 318. (n) Hist p. 870 (o) 1 Instit f. 168. (p) Titles of Honor part 2 c. 5. sec 3. p 614 â—15 c. (q) Titles of Honor part 2 c. 5. sec 2 3 4 5. (r) Glossarium tit Comites Comitatus * Truth triumphing over Falshood An Historical Collection of the Great Councils and Parliaments of England 2 3 Part of a Legal and Historical Vindication c. * King Johns Magna Charta in Mat. Paris p. 247. * Proeme ch 2 14.1â—.37.38 (Å¿) Mar. Paris An. 1255 p. 884 885. Daniel p. 172. (t) Mr. St. Johns Speech concerning Shipmony p. 33. 1 H. 4. n. 21.22 25 30. (u) Chron. p. 389 390. * An Exact Collection part 1. p. 36. to 56. 5. * See Cook 4 Instit p. 12. for the Antiquity for the Authority of this treatise which in truth is meerly spurious See Seldens titles of Honour p. 613.738 to 743. (1) An. 1132. (2) An. 1134. p. 400. (3) His Catalogue of Bishops of Carlisle (4) Graftons Stows Catalogues of the Maiors of London * Graftons chroh p. 348.350 * That in the Modus Tenendi Parl. touching the Kings absence from the Parliament was grounded on this passage therefore writ after (b) Mat. Paris p. 96 67. Mat. Westm an 1164 Hoved. annal pars poster p. 499. Chron. Gervasii col 1385 1386. Antiq. Eccles Brit. p. 122. Radulf de Dicero Imagines Hist col 536. Fabian Holinshed Grafton Speed Daniel (c) Chronica Gervasii col 1433. (d) Annal. pars posterior p. 518. (e) Roger de Hoveden Annal pars post p. 544. (f) Hoveden p. 546. Antiq. Ecclesias Brit. p. 94 95. (g) Hoveden Annal. pars post p. 548. (h) Hoveden P. 551. (i) Hoveden annal pars poster p. 561. to 566. Mat. Paris p. 127. [k] Hoveden p. 560. [l] Chronica Gervasii col 1522. Hoveden p. 642. [m] Hoveden p. 641.556.653 [n] Annal. p. 643. * Ch. 1. Sect. 2. p. 8 9. * Ch. 3. Sect. 3. * But no Commons of which he speaks not a word they having then no being or place in them * M. St. Johns Argument at Law at Straffords attainder Daltons Office of Sheriffs * Therefore their exclusion thence is Ex Abysso Nequitiâ— from the abyss of Injustice and Iniquity * Nota. (z) Judge Huttons Argumeâ— of Mr. Hampdens case p. 32 33. Daltons office of Sherifs Mr. St. Johns Argument at Law at Straffords Attainder published by the Commons special Order in which he at large asserts The Kings and Lords undoubted right to sit and judge in Parliament and that it is high Treason to exclude them by force of Arms. * 33 H. 6.17 Brooke Parliament 4 Cromptons Jurisdiction of Courts f. 8. Mr. Hackwel of the manner of passing Blls in Parliament * Clause 49 H. 3. m. 10. dors in schedulâ— Cromptons jurisdiction of Courts f. 1. (b) Instit 4. p. 10. This is their only end and trust none other as the Writ and its retorn attest not to imprison destroy the King Realm Church and Parliament of England it self and those very Cities Burroughs which elected them under pretext of a new Government and more equal representative the very Jesuits plot and Levellers design * Clause 4 E. 3. m. 41.32.27.19 dors 5. E. 3. part 1. m. 25.7 6 E. 3. Dors claus part 2. m. 36.4 Cromptons Iurisdiction of Courts f. 1. †See the Freeholders grand Inquest and my Historical Collection where this is largely proved * Dyer 61 62. Cook 5. Report f. 90 91 94.120 121.1 Rep. f. 111.173 19 H. 8 9. Br. executors 3.15.11.7.12 * See my legal Vindication against illegal Taxes p. 3.4.44 to 51. And this Lilburn himself expresly asserts in part in his Letter or Epistle to the Speaker Mr. Lenthal June 8. 1658. p. 34.39 to 59. * Cook 4. Instit c. 1 * See my Irenarch redivivus * Exact Collection p. 508.
* Exact Collection p. 846. * Exact Collection p. 13 19 528. * Exact Collection p. 213.276 277.268 269.278 279 280.250.360.364 365.377.455.461.494.498.526 528.531 533 544.502.546 547.548 550 551.557.560 561 562.578.321 322 323. A Collection of Ordinances p. 110 111.205 227.879 * A Collection of Ordinances p. 877 878. Nota. (c) See Innocency and truth justified p. 74 75. Mr. Edwards Gangraena part 3. p. 156.157 where his words contradictions in this kind are recited at large * He did not then demur to their jurisdiction * Nota. (d) His Letter to a friend Innocency and truth justified Hâ—s Letters to the General Hen. Martin and L. G. Cromwel Englands Birthright See Mr. Edw. Gangraena part 3. p. 146. to 228. * The same he asserts in his Letter to the Speaker June 8. 1648. And that the Commons then sitting without the King and Lords were no Parliament at all and could make no Acts c. See there p. 26. to 59. where he largely proves it * Seldens Titles of Honour part 2. ch 5. p. 663 665.747 748 171 763 751 757. * Rot. Claus 6 E. 3. in 4 Dors * Claus An. 6 E. 3. part 2. m. 36. dors * Mat. Paris p. 359.625.626 Nota. * See their Agreement of the people (c) Mr. Seldens Titles of honour part 2. ch 5. Sir Edward Cooks Epistle to the 9 Report and 1 Instit p. 110. 4 Instit p. 2. Cambdens Bâ—it p. 177. Spelmanni Concil Tom. 1. My Truth triumphing over Falshood p. 56 to 70. Stat. de 4 E. 1. e. 2. Lambards Archaion * 1 E. 3. n. 36.55 56. 45 E. 3. n. 15 16. 50 E. 3. n. 10. to 14. 1 R. 2. n. 18. to 27.47.50 51 112 113. 17 R. 2. c. 1 2. 13 R. 2. n. 6 7. 17 R 2. n. 17 18. 8 H. 4. n. 31. to 92. 11 H. 4. n. 24.28 39 44. 13 H. 4. n. 11. (f) See the Soveraign power of Parliaments part 1.2 * 25 E. 3. rot Ordinat n. 1 2 28. E. 3. n. 1. 50. E. 3. n. 151 163.167.110 R. n. 68. Exact Collection p. 13.19 †See the Abridgement of the Records of the Tower p. 51.88 * See the Abridgment of the Records in the Tower p. 10.79.116.120.145.155.175.196.282.287 288.299.303.353.361 * See the Freeholders Grand Inquest †Sir Edwâ— Cooks 4 Instit p. 1. (g) See Mat. Paris Mat. Westminster Walsingham Huntingdon Holinshed Polychronicon Caxton Grimston Stow Speed Trussel Baker Martin Daniel How and the Soveraign Power of Parliaments and Kingdoms part 1 2 3.10 R. 2. c. 1 2. 11 R. 2. c. 1. to 7. 21 〈…〉 13. 1 H. 4. c. 2. for proof hereof * Mat. Paris Historiar Angl. Tigur 1588. p. 52 53 54. * Mr. Tate Mr. Ager others * Historia Angl. p. 53. †Chronicon col 1201 1202. See Holinshed and Speed * or Legem * De Gestis Regum l. 5. p. 156. * De Gestis Regum Angliae col 225 226. * Col. 997. * Richardus Prior Hagustaldensis de Gestis Regis Stephani col 314 315. Mat. Paris p. 71. Roger de Hoveden Annal pars prior p. 482. Hen. Huntindon Hist l. 8. p. 386 387. Fabian Holinshed Speed Grafton Anno 1136. Polychronicon l. 7. c. 18. Hen. de Knyghton de Eventibus Angliae l. 2. c. 9 10. * Mat. West Mat. Paris Hist Angl. p. 232. to 282 Daniel p. 140. to 144. Speed p. 558. to 567. Holinshed Grafton Fabian and others * Mat. Paris p. 247 248. liber Rep. in Scac. f. 234 235 * Mat. Paris p. 305. Mat. Westm An. 1223. p. 113. See Daniel Holinshed Speed Grafton †Mat. Paris p. 305 306. Mat. West p. 114. †Mat. Paris p. 308. Mat. West p. 117. * Mat. Paris p. 311. Mat. West p. 118. * Mat. Paris p. 354 355. * Mat. Paris p. 359. Mat. Westm p. 133. * Mat. Paris p. 420 421.430 Mat. Westm p. 143 144. * Mat Paris p. 505.506 Mat. Westm An. 1240. * Mat. Paris p. 561 562 563. Matth. Westm p. 165. Mat. Paris p. 451. * Mat. Paris p. 567 * Matâ— Paris p. 619 620 621 624. * Mat. Paris p. 631. †Mat. Paris p. 718 719. Mat. West Anno 1248. p. 227.233 †Mat. Paris p. 732. Mat. Westm p. 233 234. * Mat. Paris p. 821 to 828. Mat. Westm p. 252. * May we not make the self-same demand and appeal now * Mat. Paris p. 838 839. Mat. Westm p. 254. * Walsingham Ypodig Neustr p. 61. †Mat. Paris p. 839. * Mat. Paris p. 858 859. Mat. Westm p. 261. * Fitzh Nat. Brevium f. 75. a. * Mat. Paris p. 876. Mat. West p. 271. * Mat. Paris p. 878. Mat. Paris p. 171. Walsingham Ypodig p. 61 * Mat. Westm p. 272. * Mat. Paris p. 884 885. Nota. * Mat. Paris p. 891 892 895. Mat. Westm p. 275. * Mat. Paris p. 935 938. Mat. Westm 277. * Mat. Paris p. 940 941. Nota. * Rishanger Continuatio Mat. Paris p. 960 961. * Tho. Walsingham Hist Angliae p. 35 37 38. Ypodigmae Neustriae p. 84.85 86. * Dicentes a Conscientia sua non emanasse sine quorum assensu Tallagium non debet exigi vel imponi Mat. Westm An. 1297. p. 410. * Walsingham Hist Angl. p. 42.44 Cook 2. Iustir p. 537. Ypodigmae Neustriae p. 87. Mat. West An. 1299. p. 415 416. * Walsingham Hist Angl. p. 48. Ypodigmae Neustriae p. 88. (i) Hist Angl. p. 233. * Maâ— West Flores Hist An. 445. p. 151. * Chronicon Willielmi Thorn col 1786. Antiqu. Eccles Brit. p. 89 90. Cambdens Britannia p. 325. Godwins Catalogue of Bishops p. 28. Speeds History p. 437 438. Sir John Heywood in Will 1. Lambard his Perambulation of Kent * Gul. Nubâ—igensis Rerum Angl. l. 1. c. 1. Chronicon Johannis Bromton col 982. Antiqu. Eccles Brit. p. 89. * Mat. Paris Mat. Westm Wigorniensis Huntindon Hoveden Chronicon Willielmi Thorn col 1787. Hen. de Knyghton de Eventibus Angliae l. 2. c. 8. Antiq. Ecclesiae Brit. Godwin in Stigands life * Rerum Angliae Hist l. 1. c. 1. p. 4. * Mat. Paris p. 944. (k) In his Continuation of Mat. Paris p. 968. Daniel p. 178. (l) Walsingkam Holinsh Daniel Speed Stow Grafton Fabian Baker in Ed. 2. (n) Walsingham Trussle Fabian Holinshed Grafton Speed Stow. in R 2. * Chronica Joh. Brompt col 999. Sir John Davis his Irish Reports f. 90. Usserius de Statu successione Ecclesiae p. 127. Cooks 2 Institut p. 97. †Mat. Paris Hist Angl. p. 137. Gervasii Chron. col 1474. Radulphus de Diceto Imagines Histor col 626. * Mat. Westm An. 1185. p. 58. * Mat. Paris p. 254 to 276. * Pag. 258. * Pag. 267 268. * Mat. Paris p. 268. * Mat. Paris p. 349 350. Nota. Mat. Paris p. 495 496. †Mat. Paris p. 505. †Par. 20 H. 3. â—or 13. Claus 20 H. 3. m. 2. †2 Inst p. 79. * Mat. Paris p. 623 624 625. Mat. Westm p. 177. *
ever violated in oppugning all arbitrary tyrannical Proceedings Taxes Oppressions Encroachments ill Counsellors and bad Instruments both of Kings and Popes themselves in inflicting exemplary punishments upon all Traytors Enemies to the publike both in our Parliaments and the Field too when there was occasion the principal whereof I have here presented to your view in a Chronical method will be a great accession to your Honour the best vindication of your antient undoubted Parliamentary Jurisdiction Right Power Judicature against all Opposites till the accomplishment whereof I shall humbly recommend this enlarged Plea in your Honors defence to your Noble Patronage who can pitch upon no better nor readier means to support your declining Honor and Authority or to re-indear your selves in the Peoples affections than in these distracted dangerous stormy times to ingage all your interest power activity speedily to settle secure Gods Glory Truth Worship the publike Laws Peace Liberty Safety of the Kingdom against all open Opposers and secret Underminers of them to unburthen the people of their long-continued heavy Taxes the Souldiers insolencies free-quarters to redress all pressing grievances all oppressing arbitrary Committees proceedings contrary to the rules of Law and Iustice to right all grieved Petitioners especially such who have waited at least seven years space at your doors for reparations to relieve poor starved Ireland raise up the almost lost honor power freedom reputation of Parliaments by acting honourably heroically like your selves without any fear favour hatred or self-ends by confining your selves with the Commons House to the antient bounds rules of Parliamentary Jurisdiction proceedings and by endeavouring to excel all others as farr in Iustice Goodness and publike resolutions as you do in Greatness and Authority Which that you may effectually perform as it is the principal scope of this Plea for your Lordships which whether you stand fall or by way of Remitter recover your antient rights again after a violent discontinuance of them for a season will remain as a lasting Monument to all Posterity of your undubitable just Right to sit and judge in all English Parliaments So it shall be the constant prayer of Your Lordships devoted Servant WILLIAM PRYNNE From my Study in Lincolns Inne 7. Junii 1647. To the Ingenuous READER THis Plea for the LORDS and House of PEERS was first suddenly compiled and published by me in the year 1647 when Lilburn Overton with their Iesuitical and Anabaptistical levelling Confederates endeavoured by sundry seditious Pamphlets libels Petitions then printed dispersed in the City Army Country to extirpate the Lords and House of Peers together with the King and Monarchy by engaging the vulgar Rabble Souldiers and Commons to suppresse pull down or cast off their superiour just antient legal authority over them not only against the expresse Laws of God and the Realm their own Oaths of Supremacy Allegiance Protestation Covenant but the very Law of Nature it self universally received amongst all Nations whatsoever Haec enim lex Naturae apud omnes Gentes recepta est quam nullum tempus delebit UT SUPERIORES INFERIORIBUS IMPERENT Which Law these unnatural Bedlams would now quite obliterate endeavouring to set up that Aâ—axy disorder in Government which Solomon and God himself by him so much complain of Eccles 10.5 6 7. There is AN EVIL I have seen under the Sun as AN ERROR that proceedeth from the Ruler Folly or persons of mean fortune parts birth is set in high dignity and the rich set in low place I have seen Servants upon Horses and Princes walking as Servants upon the earth Which disorder he thus censures Prov. 19.10 Delight is not seemlâ— for a fool much lesse for a Servant to have rule over Princes The sad effects whereof he thus relates Prov. 30.21 22. For three things the Earth is disquieted and for a fourth which it cannot bear the 〈◊〉 and chief whereof is this For a Servant when he reigneth To which David subjoyns another ill consequence Psal 12.8 The ungodly walk on every side when the vilest of the Sons of men are exalted which the Chaldâ— paraphrase thus glosseth In circuitu improbi ambulant tanquam sanguisugae qui sugunt sanguinem filiorum hominum the peasantry when exalted above the antient Nobility and Gentry being usually both intollerably proud insolent cruel bloâ—dy according to the old observation of Claudians and others Asperius humili nihil est cum surgit in altum Cuncta ferit dum cuncta timet desaevit in omnes Vt se posse putent nec bellua tetrior ulla Quam servi rabies in libera collâ— furentis Agnoscit gemitus et paenae parcere nescit This was experimentally verified not only in Wil. Langhamp heretofore and other particular persons advanced from low degree to places of greatest honour but in the popular insurrections of John Cade Jack Straw Wat Tyler and others who intended to murther the King destroy the Nobles Judges Prelates Lawyers and chief Gent. they could meet with than to seise upon their lands estates and make themselves Kings Lords in their steads and share the Kingdom Government between them and by the Anabaptists proceedings of like Nature at Munster and other places in Germany whom the present Levellers of this sect would doubtlesse imitate could they get but sufficient power into their hands My absence in the Country whiles this Plea was printing caused many material mistakes of words and one grosse mutilated transposition in Cheddars case in its first Edition p. 48 52. which I could not correct most of the Books being dispersed before I could get an Errata printed and the small time I had to compile it necessitated me to omit many material Records Presidents Histories pertinent to this Argument Whereupon to right my self with the Lords whose cause I pleaded and the Readers I soon after resolved to publish a corrected much inlarged Impression thereof but other publike Imployments and publications retarding it and the whole House of Lords some few Months after being forcibly suppressed my self with sundry other Members of the Comunions House secured secluded and after that dispersed and sent close prisoners by Mr. Bradshaws illegal Warrants unto several remote Castles without any hearing or cause expressed or recompence for the Injuries damages thereby sustained this much augmented Plea hath lyen dormant ever since and had never been awaked to walk abroad in publike had not the late loud unexpected Votes at Westm of a NEW KING AND HOUSE OF LORDS under the Name Notion of ANOTHER HOUSE passed by some who had lately c suppressed decryed engaged against them both as uselesse dangerous oppressive burthensom tyrannical c. revived and raised it out of the Grave of Oblivion The Subject matters principally debated and vindicated in it are only two First That all the Dukes Marquesses Earls Viscounts Barons Lords of England have an undoubted antient just Right Privilege to sit vote in all Parliaments
though amiable delightfull in themselves and gratefull to all true Philopaters Philologers and learâ—ed Nobles Statesmen Lawyers Scholars in this degenerous age wherein all sorts of Learning and insight in Records or Parliamentary Antiquities are very much decayed will yet be very displeasing to some sorts of ignorant heady extravagant persons who love darkness more than light because their deeds are evil but more especially to the Anabaptistical Levellers Lilburnians innovating Publicans and Republicans much like the Chaldeans of old a bitter and hasty Nation lately marching through the breâ—th of the Land to possesâ— the dwelling places that are not theirs they are terrible and dreadfull their judgement and dignity proceedeth of themselves they are all for violence they scoff at KINGS AND PRINCES ARE A SCORN UNTO THEM as appears by their late Votes Declarations Engagements not only against Kings and Kingship but the whole House of Lords and to â—lliterate self-conceited Lawyers and ignorant Members of the Commons House who deem that House and its Committees if not every Member of it the only Supream Judges and Judicature of the Realm paramount our Kings Lords Laws Liberties Great Charters and all other Courts of Justice having an absolute arbitrary unlimited power to act vote and determine what they please without appeal or consult which this Plea irrefragably disproves as a most gross and dangerous mistake for which they will frown upon it if not â—ate and prosecute me as their Enemy But the Sun must not cease from shining because weak and sore Eyes will be offended with its splendor nor seasonable truths of most publike concernment be concealed smothered in time of greatest need because ignorant erronious sottish â—air-braind Levellers or Innovator will be displeased with and storm against them they being always Sweet and lovely in themselves yea precious to the best of men and will prove victorious in conclusion though clouded suppressed maligned for the preâ—ent yea he who by the publication of such truths rebukes wise ingenuous mens extravagant actions and opinions for the present shall afterwards find more favour with them when they come to know themselves and their mistakes by meditating on the truths revealed to them heâ— he that flattereth them with his lips in their exorbitant actions or erronious opinions I shall therefore recommend this Plea for the Lords and all the truths therein discovered asserted to the omnipotent â—rotection and effectual blessing both of THE LORD OF LORDS and GOD OF TRUTH whose Eyes are upon the TRUTH in this sad age of Errors Falshoods Lies Fraud and desperate Hypocrisie wherein truth is fallen in the Streets and he that dares boldly assert it is reputed mad and maketh himself a prey And shall leave it as a lasting monument to posterity of my Cordial affection to the antient Parliamentary proceedings Lords Peers Laws Liberties Properties Great Charters of the English Nation and my sincere endeavours to plead their cause in the worst of times against all their Antagonists and professed Enemies though never so numerous and formidable albeit to my own private prejudice Whatever the Reader shall find wanting in this Plea relating to the Constitution Summons Proceedings of our antient English Parliaments in general or to the power Judicature Rights privileges transactions of our Kings Lords or House of Com. in Parl. in particular you may read at leisure in my Preface and Tables to An Exact Abridgement of the Records in the Tower of London from the reign of King Edward the 2. to Richard the 3. and in the Abridgement it self collected by that famous Antiquarie Sir Robert Cotton lately published which will better instruct the Readers in all Parliamentary affairs than all the slight unsatisfactory Treatises of our Parliaments hitherto published except this Plea which I humbly submit to the friendly Imbrace and impartial Censure of every Judicious Reader especially of my own profession for whom it is most proper whose general ignorance and mistakes in Parliament Antiquities proceedings and matters of the Crown hath brought some disparagement upon the function and led others into dangerous publike Errors which that this Plea may wipe off and rectifie hereafter for the common benefit ease settlement re-establishment of our late dissipated Parliaments and confused distracted Nations shall be the Vote and dayly prayer of Thy unfeigned Friend and his Countries publike unmercenary Servant WILLIAM PRYNNE Lincolns-Inne 6 Decemb. 1657. A Plea for the LORDS AND HOUSE of PEERS OR A short yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers and the Hereditary just Right of the Lords and Barons of this Realm to sit vote judge in the high Court of Parliament THe treasonable destructive design of divers dangerous Anabaptists Levellers Agitators in the Army City Countrey and of Lilburn Overton their Champions Ring-leaders in this Seditious Plot to dethrone the King unlord the Lords new-model the House of Commons extirpate Monarchâ— suppress the House of Peers and subvert Parliaments the only obstacles to their pretended Polarchy Anarchy are now so legible in their many late printed Petitions Lâ—bels Pamphlets so visible in their actings and publike proceedings that it rather requires our diligence and expedition to prevent than hesitancy to doubt or dispute them they positively protesting against yea denying both King and Monarchy in their late printed Pamphlets Remonstrances with the Power Judicature of the House of Peers and their undoubted just Hereditary right to vote act or sit in Parliament because they are not elecâ—ed by the people as Knights and Burgesses are asserting That they are no natural issues of our Laws but the Exorbitances and Mushromes of Prerogative the Wenns of just Government the Sons of Conquest and usurpation not of choice and election intruded upon us by power not made by the people from whom ALL POWER PLACE and OFFICE that is just in this Kingdom OUGHT TO ARISE meer arbitrary Tyrants Vsurpers an illegitimate and illegal power and Judicatory who act and Vote in our affairs but as INTRUDERS who ought of right not to judge censure or imprison any Commoner of England even for libelling against them refusing to appear before them reviling and contemning them and their Authority to their faces at their very Barr as Lilburn Overton boast and print they did or breaking any of their undoubted Privileges To accomplish this their design the better they endeavour by their most impudent flattery to ingage the House of Commons against the House of Peers the better to pull them down stiling and proclaming the Commons in their Petitions and Pamphlets The ONLY Supreme legal Judicatory of the Land who ought BY RIGHT to judge the Lords and their proceedings from whom they appeal for right and reparations against the House of Peers affirming That in the Commons House alone resides the formal and legal Supreme Power of England who ONLY are chosen by the People and THEREFORE IN THEM ONLY
is the power of binding the whole Nation by making altering or abolishing Laws without the Kings or Lords concurrent assents to whom they now absolutely deny any Negative voice making the Commons a compleat Independent Parliament of themselves therefore present all their Petitions add esses to them alone without any acknowledgment or notice of the House of Peers to whom they deny any right or title to sit or vote in Parliament unless they will first divest themselves of their Peerage and Barons right of Session and submit to stand for the next Knights and Burgesses place in the House of Common that shall fall void where if they may have any voice or influence the meanest Cobler Tinker Weaver Waterman shall be elected a Knight or Burgess sooner than the best and greatest Peer and every John of Leyden preferred before King or Prince Charls himself Sic Sceptra ligonibus aequant Which Petitions and Pamphlets of theirs have so puffed so bladdered up many Novices and raw Parliament-men in the Commons House unacquainted with the original Constitution bounds proceedings Laws Customs of the Parliaments of England that they begin to act vote dispose of the Army Navy c. without yea against the Lords not expecting their concurrence contrary to all former proceedings of Parliament the Lords just Privileges and their own Solemn League Covenant to maintain them which may prove very destructive to both Houses the Parliament King Kingdom oppressive to their Representatives the people who generally dislike it if not timely redressed and breed such a deadly feud between the Houses as may soon ruine them both and the Kingdom to boot The end of these Anabaptists Levellers Lilburnians being only to destroy the Parliament by setting both Houses at variance they inveighing as bitterly against the power proceedings Ordinances Votes Members undue Elections unequal Constitution of the House of Commons as they do against the Lords Hereupon they have most earnestly pressed in their Pamphlets their late Remonstrances Engagements from their Confederates and Agitators in the Army a speedy period and dissolution of this Parliament a new modelling and more equal distribution of the Members in the very House of Commons for the future c. All which Petitions Papers Remonstrances Pamphlets of theirs tending to the utter subversion of Parliaments the fundamental Laws Government of the Kingdom yea to an introduction of arbitrary popular Polarchy and Tyranny are rather to be ranked among and more agreeable to Jack Cades or the Earl of Straffords and Canterburies Treasons which they exceed by many degrees than to be slighted or countenanced as they are the keeping up the honour of our Peers the rights Privileges of both Houses within their just bounds without interfeiring or incroachment upon one another or invading the peoples Liberties being the only probable means of their of our preservation settlement security Upon which consideration I shall here endeavour as briefly yet fully as I may to vindicate the undoubted Right of the Lords or Peers of this Realm to sit vote in Parliament notwithstanding they are not elected by the people and to make good their right power of Judicature as well of Commoners as Peers against all the cavils of Jesuited Anabaptistical Levellers Lilburnians Sectaries Agitators whom I hope so farr to silence and stop their mouths if not convince their judgements that they shall never be able to reply hereunto SECTION 1. Proving the Lords antient undoubted Right to sit and vote in all English Parliaments with the Grounds thereof though not elected by the People THe sum of all these Levellers object against the Lords right of sitting voting judging in Parliament is this That they sit there only by Patent by the Kings will Tenure or descent not by the Peoples free Election alone as the Knights Citizens and Burgesses doe That the people never intrusted nor invested them with any power but the King That they represent themselves only not the Commons and are the Sons only of Conquest of Usurpation brought in by the Conquerour not of Choice and Election 1. To this I answer first That our Lords Dukes Earls Barons Nobles yea Archbishops Bishops Abbots Priors too who held by Barony â—ate antiently in all our General National Councels and Parliamentary Assemblies many hundred of years before the Conquest both in the Britons and Saxons reigns by right of their Peerage and Tenures as now they doe as I have unanswerably proved in My Historical Collection of the antient Parliaments and Great Councils of England My Antiquity triumphing over Novelty p. 56. to 80. And in my 1 2 and 3. Parts of A Seasonable and Legal Vindication and Chronological Collection of the good old Fundamental Laws c. of all English Freemen Which is likewise attested by Modus tenendi Parliamentum Sir Edward Cook Vowel others and all our Historians Therefore this is a gross mistake That they are the Sons of Conquest introduced by the Conquerour The rather because in all Empires Kingdoms in the world though free and never conquered their Princes Dukes Nobles Lords and great Officers have ever sate in all their Parliaments Senates and General Councels of State by reason of their Honors and places only without any popular Elections as is clear by these Texts of Scripture 1 Chron. 23.1 2. c. 28.1 2. c. c. 29.1.6.24 2 Chron. 1 2 3. c. 5.3 4. c. c. 23.2 3.20 21. c. 30.2 3 6 12. c. 34.29 30. c. 35.7 8. Neh. 9.38 c. 10. Esther 1.13 to 22. Dan. 3.2 3. 2 Chro. 29.30 c. 32.3 Ezra 9.1 c. 10.8 1 Sam. 5.8 c. 29.3 to 10. Psa 68.27 Prov. 8.15.16 Isa 19.11 12 13. Jer. 17.25 c. 26.11.16 c. 36.12.14 c. 37.14 15. c. 38.4.25.27 Dan. 6.1 6 7 8. Jonah 3.7 Psa 2.2 Isa 1.23.26 compared together and by all Historians and Polititians testimonies 2. Secondly that they sit there only by the Kings Patent is false For first many Peers Nobles have been created in and by Parliament at the Commons earnest Petitions by Patents confirmed in Parliament of which there are many Presidents Secondly though the Kings Writ or Patent create others of them Peers Barons without the peoples consent yet the Laws and Statutes of the Realm made by the Commons consents and approved by the people allow the King this power yea authorize enjoyn all Lords Barons to sit in Parliament when thus creaned if there be no just exceptions taken to them by the Houses therefore though they are created Lords and sit in Parliament by the Kings Patents or Writs onely by way of instrument or conveyance yet originally they are made Lords and sit there only by the Laws and Statutes of the Realm to which all the people have consented of which more hereafter Thirdly all antient and new Cities Burroughs who send Citizens or Burgesses to Parliament and Counties who send Knights to Parliament were originally created and invested with this power to elect
homines quam Deum regni Nobiles primo subdolis pollicitis inclinando conciliavit cogitans postea per fundationem Abbatiae quam construere proposnerat de tanta injuria Deo satisfacere Magnatibus igitur Regni ob hoc Londonium edicto Regio convocatis Rex talibus alloquiis super mel favum oleumque mellitis et mollitis blandiens dixit Amici fideles mei indigenae ac naturales nostis veraci fama reference qualiter frater meus Robertus electus per Deum vocatus est ad regnum Hierosolymitanum foeliciter gubernandum quam frontose illud infoelicirer refutaverit merito propterea a Deo reprobandus Nostis etiam in multis aliis superbiam ferocitatem illius quia Vir bellicosus pacis impatiens est vosque scientet quasi contemptibiles quos desides vocat gluttones conculcare desiderat Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare super his si provideritis scripta subarata roborare iteratis juramentis praedicta certissime confirmare omnia videlicet quae sanctus Rex Edwardus Deo inspirante provide sancivit inviolabiliter jubeo observari Ut mecum fideliter stantes fratris mei imo et mei totius regni Angliae hostis cruentissimi injurias potenâ—er animose voluntarie propulsetis Si enim fortitudine Anglorum roborer innanes Normannorum minas nequaquam censeo formidandas Talibus igitur promissis quae tamen in fine impudenter violavit omnium corda sibi inclinavit ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent This Duke thereupon departing into Nâ—rmandy was followed thither by King Henry who there taking him together with the Earl of Morton and other Nobles Prisoners brought them over to England where they were adjudged to perpepetual prison by the BARONS and Duke Robert to be put to death as Henry de Knyghton thus relates Robertus vero captus pudorosae et immani morti adjudicatus est Henricus vero frater ejus non sustinens ignominiam tantam protendere in sanguine suo institit er go BARONES suos who passed a sentence on him in a Parliamentary Council ET IMPETRAVIT AB EIS quod praedictus Robertus debet exoculari exâ—â—cari cum bacillo ardenti Sicque apud Lincolniam perpetuo carceri mancipatus Anno 1107. The King and Anselm by the Popes mediation and others coming to an accord Hereupon the King returning into England advenatis ad Curiam ejus in Pascha Terrae Principibus dilata est Ecclesiarum ordinatio quam Rex se facturum disposuerat by reason of the Popes coming into France to the Council of Trecis But afterwards in August Factus est Conventus Episcoporum et Abbatum pariter Magnatum or Procerum Regni Londoniâ—s in Palati◠〈◊〉 where per consilium Anselmi Procerum Regni annuit Rex statuit this accord and Decree was made ut ab eo tempore in reliquum nunquam per donationem baculi Pastoralis vel annuli quisquam de Episcopatu vel Abbatia per Regem vel quamlibet Lâ—icam personam investiretur in Anglia Concedente etiam Archiepiscopo ut nullus ad Praelationem electus pro homagio quod Regi faceret consecratione suscepti honoris privaretur which being concluded Coepit Anselmus coram Rege Regnique Episcopis atque Principibus exigere a Gerardo Archiepiscopo Eboracensi professionem de sua obedieutia subjectione quam non fecerat ex quo de Episcopatu Herefordensi ad Achiepiscopatum Eboracensem translatus fuerat Ad quae cum Rex ipsâ— diceret sibi quidem non videre necesse ut professioni quam ordinationis suae tempore Gerardus fecerat aliam superadderet praesertim cum licet Ecclesiam mutaverit idem tamen qui fuerat in persona remansit nec a prima professione absoluâ—us extiterit Anselmus in praesenti quidem Regiis verbis adquievit ea conditione ut Gerardus in manum sibi daret se eandem subjectionem in Archiepiscopatu ei servaturum quam in Episcopatu professus fuerat Which Gerardus aâ—enting to and presently performing before them Exin STATUTUM EST ut qui ad Episcopatum electi erant Cantuariam iâ—eâ—t ibi dignitatis ipsius benedictionem ex more susciperent In the year 1108. King Henry in the Feast of Pentecost advenatis ad Curiam suam apud Londoniam cunctis Magnatibus Regni cum Anselmo Archiepiscopo et caeteris Episcopis Angliae tractavit concerning the chastity and against the mariage of Priests and Clergy-menâ— concerning which several Laws and Canons were then made and published with other good secular Lawes against theeves clipping and falsifying of money c. which were thus praefaced Haec sunt Statuta c. quae statuerunt Anselmus Cantuariensis Archiepiscopus Thomas Eboracensis Archieriscopus electus cum eo Omnesque alii Angliae Episcopi in praesentia gloriosi Regis Henrici Assensu Comitum et Baronum suorum statutum est c. Anno 1109. there arising a difference between Anselm and Thomas the elect Archbishop of York about his consecration and subjection to Anselm thereupon Anselm calling the rest of the Bishops to him by their advice summoned him by 2. Bishops to come to Canterbury there to receive his consecration and to make such subjection to him as he required unless he could prove he ought to be exempted from it Whereupon the King sent a Writ to Anselm under his Seal to adjourn the difference between Thomas and him till Easter EGO enim si infra praedictum â—terminum in Angliam rediero Consilio Episcoporum et Baronum meorum vos juste honorifice inde concorcabo c. Upon which Anselm returned this peremptory answer not to Thomas but to the King himself De induciis autem quas Thomae Ebor Archiepisc dare mandaverat pro certo scirer quod prius pateretur totus membratim dissecari quam de negotio in quo illum contra antiquas sanctorum Patrum sanctiones se injuste adversus Deum erexisse sciebat vel ad horam illas aliquando daret And writ a peremptory Letter to Thomas not to presume to intermeddle in any kind in the exercise of his pastoral cure until he had desisted from his rebellion against the See of Canterbury and done that subjection to himself which his predecessors Thomas and Gerard had formerly made out of the antient custom of their antecessors charging him without such a profession of subjection never to receive consecration to that See under pain of an Anathema and interdicting all the Bishops of England under pain of Excommunication not to consecrate him nor yet to have any Christian communion with him if consecrated by any foraign Bishops Soon after which Letter Anselm
deceasing the King keeping his Court aâ— London at Pentecost Rex Regni Proceres atque Praesules ad incundum de Eboracensi Archiep consecratione Concilium Londinum convocavit Wherein caepit agere cum Episcopis et Regni Principibus quid esset agendum de consecratione electi Eccleâ—iae Eboracensi Where Anselms recited Letter being produced and read the Earl of Mellent demanded Which of the Bishops durst to receive that Letter without the assent and command of the King their Soveraign Lord Whereupon the Bishops perceiving that the Earl by this question was willing calumniam movere qua eos regiae Majestati obnoxios faceret remoti à multitudine habito consilio staruunt apud se suis omnibus si regia sententia hoc forte Comitis instinctu dictaret se malie dispoliari quam iis quae Anselmus de praesenti quaerela praeceperat non obtemperare Istis ergo firmato Consilio inter se they sent for Samson Bp. of Worcester to know his opinion thereinâ— who communing with them and telling them that himself was present when as his brother Thomas Archbishop of York Elect tum antiquis consuetudinibus tum invincibilibus allegationibus actus eandem pâ—ofessionem Lanfranco Archiepisco Cantuariensi cunctis suis successoribus fecit Thereupon simul omnes Episcopi ad Regem reversi sunt constanter literas quibus Comes sciscitatus fuerat se suscepisse contra eas nulla ratione quicquam acturos asserentes Ad quae cum idem Comes caput agitareâ— autumans jam in illos quasi de contemptu Regis crimen injiciendum dixit Rex Quicquid in iis aliorum sententia ferat de me constat quia cum Episcopis sentio nec vel ad horam excommunicationem Anselmi subjacere aliquatenus volo Quibus aâ—ditis gavisi sunt omnes Et agentes domino grates pariter conclama verunt Anselmum adesse et quam non poterat in corpore degens jâ—m mundo absâ—â—tem causam Ecclesiae suae determinaâ—e Deinde in laudibus eximii Principis demoratum est ac ut ipse dignitatem Primatus Ecclesiae Cantuariensis humiliari a nulâ—o permitteret postulatus siquidem in hoc dicunt consuetudines antiquae et earum confirmationes astipulatione totius regni sub magno Rege Willielmo factae necne privilegia quae his priota existunt ab Apostolica Sede ipsi Ecclesiae collata corrumperentur scinderentur annihilarentur Adquievit istis Rex jussit ipsarum quoque scripta Auctoritatum quae Ecclesia Canâ—uariensis habebat sub celeritate afferri allata recitari Quod ubi factum est intulit Quid amplius quaeritur Auctoritates privilegia Apostolicae Sedis quae in praesentia Patris Matris meae sub testimonio confirmatione Episcoporum Abbatum Procerum Regni definita sunt ut quasi de Epistola Anselmi penitus taceatur ego in quaestionem mitterem ego novis Ambagibus agitari permitterem Immo sciat Thomas se aut subjectionem obedientiam Ecclesiae Cantuariensi ejusque primatibus ut Antecessores sui professi sunt professurum aut Archiepiscopatui Eboracensi ex toto cessurum Fugat ergo quod vult Consideratis itaque Thomas auctoritatibus quibus Ecclesiam Dorobernensem niti circumvallari videbat spretis clericis suis quorum se Consilio credidisse sero dolebat se contra ipsas Auctoritates nolle stare sed morem Antecessorum suorum sequendo ipsis adquiescere Ecclesiam ipsam deinceps semper diligere velle dixit honorare Praecepit igitur Rex ut professio quam Thomas erat facturus in sui praesentia dictaretur scriberetur sigilloque suo nequid in ea quovis molimine antequam eam proficiendo Thomas legeret mutaretur servaretur inclusa Quod et factum est Dominica ergo die quae fuit IV. Kl. Julii convenâ—runt jubente Rege Richardus Londoniensis Willielmus Wintoniensis Radulphus Roffensis Herbertus Norwicensis Radulphus Cistrensis Radulphus Dunelmensis Herveus Pangornensis Episcopi in Ecclesia beati Pauli Londoniae pro consecratione Thomae Inter solitam ergo examinationem suo loco professionem de subjectione obedientia sanctae Ecclesiae Dorobernensi exhibenda Richardus Lundoniensis Episcopus qui Thomam erat sacraturus ab illo exegit Professio igitur sicut erat sigillata sibi coram omnibus oblata est factoque sigillo evoluta lecta ab eo est ita Ego Thomas Eboracensis Ecclesiae consecrandus Metropolitanus profiteor subjectionem Canonicam obedientiam sanctae Dorobernensi Ecclesiae ejusdem Ecclesiae Primati Canonice electo conseerato successoribus suis Canonice inthronizatis salva fidelitate Domini mei Regis Henrici Anglorum et salva obedientia ex parte mea tenenda quam Thomas Antecessor meus sanctae Romanae Ecclesiae ex parte sua professus est Intererat huic officio Prior Ecclesiae Dorobernensis Conradus nomine ex Monachis ejusdem loci quamplures qui pro hoc ipso quoniam res eos maxime respiciebat illo convenerant Lectam itaque professionem cum a Thoma sibi oblatam Richardus Antistes Londoniensis accipisset eam nominato Priori Fratribus tradidit dicens Hanc Fratres Domini mei in testimonium auctoritatis vestrae Elclesiae suscipite ipsam vobis factam in memoriam posteritatis servate Deinde a Radulpho Cicestrensi Episcopo dictum in populo est ipsam consecrationem ex recto et antiqua consuetudine debere fieri Cantuariae Et adjecit Verum quia ipsa Civitas defuncto Patre nostro Anselmo nunc quidem Pontifice caret vâ—sum Regi sacratisque ordinibus regni est atque Principibus â—am hic atque ab hujus sedis Episcopo prae aliis potissimum celebrandam eo intuitu ea ratione quod Episcopus Lundoniensis inter alios Episcopos est Decanus Ecclesiae Cantuariensis ideo speciali quadam dignitate caeteris anteponendus Ita ergo in Episcopatum Eboracensem Thomas consecâ—atus est suscipiens a Ministro quod susscipere detrectavit a Magistro Anno 1114. King Henry by the admonition of the Pope and prayers of the Monks of Canterbury and other and above all being moved by divine instinct Episcopos et Principes Angliae in unum apud Windeshoram fecit veniâ—e eorum consilium in constituendo Pontifice Cantuariensi volens habere The King first piâ—ched upon Faricius Abbot of Abendon who was there present for that end by the Kings command Animus tamen Episcoporum et quorundam Magnatum in aliud vergebat praeoptantium aut quemlibet Episcoporum de ordine Clericâ—li aut Clericum aliquem de Capella Regis in opus illud ascisci But when it was objected that there had been no Archbishop since Augustin but only one which was not of the Monastick order who for that presumption and other perverse things done by him was deposed by the Pope and therefore they ought not to subvert the antient
the King wherein he accused Sir William Cogan knight for extorting 300 l. by menaces from the Prior of St. Iohns Sir William appearing upon Summons prayed Counsel which was denied for that it concerned Treason whereupon he pleaded Not Guilty After which the same Parliament n. 46. to 61. The Mayor Baylifs and Commonalty of Cambridge were accused before the King and Lords that in the late insurrection they confederating with other Malefactors did break open the Treasury of the University of Cambridge burn sundry Charters of the University and compel the Chancellor and Scholars under their common Seal to release to the said Mayor and Burgesses all manner of Liberties real and personal actions and also to become bound to them in great sums of money Whereupon special writs were directed to the Mayor Baylifs and Commonalty to appear in Parliament to answer the premises The Mayor and Baylifs appear in person and plead that they 〈◊〉 not privy to any such act but if any thing was done it was by compulsion by others which the Kings learned Counsel disproved whereupon they pleaded Not Guilty The Commonalty appeared by Attorney and delivered in the Release and Bond of the University complained of under their Seal which were ordered to be cancelled After which the Chancellor and Scholars of the University exhibited Articles against the Mayor and Baylifs shewing their whole carriage and discourse in this tumult Upon reading whereof it was demanded of them in the Kings behalf What they could say why their Liberties lately confirmed should not be seised into the Kings hands as forfeited They thereupon required a Copy of the Articles Councel and respite to answer To the Copy of the Bill it was answered by the Lords that seeing they had heard it read it should suffice for by Law they ought to have no Copy For Councel it was said That to such articles if any were wherein Councel was to be had they should have it otherwise not Wherfore they were then appointed to answer to no crime or offence but only to their Liberties To which they answered by their Council That this Court ought not to have any Conusance or Jurisdiction of them for certain causes then alleged But at last they were ordered to say what they could otherwise they would give Iudgement against them as those who had nothing to say Whereupon they pleaded they did nothing but by Duress and constraint of the Rebels At last after many dilatory shifts touching their Liberties they wholly submitted themselves to the Kings mercy and grace saving their answer to other matters The KING therefore by the assent of the Prelates and Lords in Parliament â—o is the Rolâ— seised their Liberties into his hands as forfeited and by assent of the Lords and Prelates in Parliament granted to the Chancellor and Scholars the Assise and correction of bread weights measures and forestallers and fines thereof within the Town and Subâ—rbs of Cambridge which the Townsmen had before The King Lords and Prelates being Judges and giving the Judgement in this case of Commoners as the record a â—ge attests Walsingham relates that in a Parliament holden at London this year about the feast of St. John upon the Petition of the knights of Shires John Straw Captain of those in the insurrection at Bury and Myldenhale tractationi et suspentioni ADJUDICATUR to wit by the King and Lords licet multi putassent eum fuisse pecunia redimendum In the 7. year of R. 2. Rege vocante congregati sunt multi de Nobilibus Regni apud Rading to restrain the seditious motions of John de Northampton late Mayor of London qui ingenia facinora nisus est de quibus et convictus est ibidem his familiar Clerk accusing him both of divers practises and designes projected by him as well to the prejudice of the King as of the whole City of London and objecting them against him When Judgement was to be given against him in the Kings presence he pleaded that such a Judgement ought not to be given against him in the absence of the Duke his Lord whereby he raised a sinister suspition as well in the people AS NOBLES against the Duke of Lancaster The Justice who was to pronounce the Judgement told him He ought to refute his charge by Duel or by the Laws of the Realm to submit himself to drawing hanging and quartering At which when he stood mute and said nothing DECRETVM EST ut perpetuo carceri tradiretur et eâ—us bona regis usibus confisâ—arentur ut Londonias non appropinquaret per centum miliaria in vita sua whereupon he was sent prisoner to Tyntagel Castle in Cornwall and his goods seised on by the Kings Officers In the Parliament of 7 R. 2. holden at Westminster the Monday next before the feast of All Saints num 17. Bryers Cressingham and Iohn Spicâ—worth Esquires were accused before the LORDS for surrendring the Castle of Drinkham in Flanders to the kings enemies for money without consent of the kings Lieutenant Spickworth proved that the same was not in his custody and thereupon he was discharged Cressingham pleaded that he yeelded the same upon necessity without money and submitted himself to the Lords order who thought this no good cause and therefore committed him to prison The same Parliament n. 24 25. Sir William de Elinsham Sir Thomas Trivet Sir Henry de Ferriers and Sir William Farnden knights and Robert Fitz-Ralph Esquire were accused before the Lords in Parliament for selling the Castle of Burburgh with all the arms ammunition and provisions therein to the French the kings enemies for sundry summs of gold received by them of the French without authority from the king or his Lieutenant who pleaded they surrendred it for salvation of themselves and their people c. After all their excuses made they were upon consideration adjudged insufficient by the Lords and the Chancellor by their order pronounced this Judgement against them That they should repay all the monies they received from the Enemy to the King be committed to prison ransomed at the Kings will and moreover that Sir Will. de Farnden being the greatest Offender should be at the Kings mercy both for body and goods to do with them as he pleaseth In this Parliament there was a Duel fought between John Walsh an English Esquire and one of Navarr who accoused him of Treason against the King and Realm effectually but yet falsly out of envy Walsh having layen with his wife whiles he was under Captain of Cherburgh as he afterwards confessed This Dueâ— was fought within the lists in the presence of the King and Nobles of the Realm where this Navarrois being vanquished by Walsh REGALI JVDICIO tractus et suspensus est quanquam Regina et plures alii pro eo preces sedulas porrexissent In the 2. of Parliament of 7 R. 2. n. 13.10 19. John Cavendish a Fishmonger of London praying Surety of the peace