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Jani Anglorum facies nova, or, Several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of William the First, to the forty ninth of Henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in King John's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned.
Atwood, William, d. 1705?
Wing A4174; ESTC R37043
fond of the conjecture of their being the full Representative Body of the Nation would have it Et ad habendum Commune Consilium Regni de auxiliis assidendis aliter quam in Tribus casibus praedictis de Scutagiis assidendis submoneri faciemus Arch. Ep. Ab. Majores Barones Regni singillatim per literas nostras Et praeterea faciemus submoneri in generali per Vicecomites Ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum Quadragint dierum ad minus ad certum locum in omnibus litteris submonitionis causam submonitionis illius exponemus sic factÃ¢ submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti venerint Here was I grant the form of a Common Council of the Kingdom to the purposes here named which are for Aid and Escuage The Aid I say and shall show was from those Tenants which held of the King in Comon Socage such as held Geldable or talliable Lands the Escuage concern'd the Tenants by Knights Service but both concern'd only the King's Tenants in chief which appears in the very confining the Summons to the Majores Barones Regni and others which held of the King in Capite Whereas 1 there were Majores Barones who held not by any Feudal Tenure that were not oblig'd to attend at the Kings ordinary Courts and they with them that were under their Jurisdictions had their Common Councils apart though all might meet at General Councils So that what was a Common Council of the Kingdom to this purpose was not so indefinitely to all 2. There were others who were oblig'd or had right to be of the Common Council of the Kingdom though not upon the accounts mentioned in this Charter 1. The Norman Prince to the encouragement of those great men that adventured for his glory made some of them as little Kings and gave them the Regal Government of several Counties in which they with the great men thereof and the liberÃ¨ Tenentes Freeholders made Laws for the benefit of their Inheritances and the maintaining the peace and that of Chester in particular was given to Hugh Lupus Tenendum sibi Haered ita verÃ¨ ad gladium sicut ipse Rex tenebat Angliam ad coronam So that he wanted nothing but a Crown to make him King In a Charter of Count Hugh's of the Foundation of the Monastery of St. Werburg he says Ego Comes Hugo mei Barones confirmavimus And one of his Successors grants to his Barons Quod unusquisque eorum Curiam suam habeat liberam de omnibus placitis ad gladium meum pertinentibus And at the Coronation of H. 3. which was after this Charter Earl John another of William's Successors carried St. Edward's Sword before the King as Matthew Paris tells us for a Sign that he had of right a very extraordinary power Comite Cestriae gladium Sancti Edwardi qui Curtein dicitur ante Regem bajulante in signum quod Comes est Palatinus Regem si oberret habeat de jure potestatem cohibendi c. Though this was the chief Count Palatine yet others had their separate Councils where they made Laws William Fitz-Osborn was made Earl of Hereford under William the First of whom William of Malmsbury says Manet in hunc diem in Comitatu ejus apud Herefordum legunm quas statuit inconcussa firmitas ut nullâs Miles pro qualicunque commisso plus septem solidis cum in aliis Provinciis ob parvam occasi inculam in transgressione praecepti herilis Viginti vel Viginti Quinque pendantur Of the same nature are Examples in the Constitutions of the old Earls of Cornwal and the like To return to the County Palatine of Chester its Count was not Tent. in Capite with the restrictions above taken viz. Subject to the Feudal Law and obliged to attend once at the Courts as other Tenants and yet at the general Councils he was present Therefore this Council mention'd in King John's Charter where none but Tenants in Capite obliged to the ordinary Incidents of such Tenure were was no general Council of the whole Kingdom as our Modern Authors would have though it were for the matters of ordinary Tenure all that were concern'd being at it In the Year 1232. King Hen. 3. held his Curia or Court at Winchester at Christmas which was one of the Court days or rather times of meeting for it often held several days and therefore when that at Tewksbury in King Johns reign held but a day it is specially taken notice of Soon after King Henry's Christmas Court he Summons all the Magnates of England ad Colloquium when they meet because he was greatly in debt by reason of his Wars he demands Auxilium ab omnibus generaliter Quo audito Comes Cestriae Ranulphus pro Magnatibus Regni loquens respondit quod Comites Barones ac Milites qui de eo tenebant in Capite cum ipso erant corporaliter praesentes pecuniam suam ita inaniter effuderunt quod inde pauperes omnes recesserunt unde Regi de jure auxilium non debebant et sic petitÃ¢ licentiÃ¢ omnes recesserunt Here was the Earl of Chester this being a Summons to a General Assembly but when the King asked money for his expences in the Wars he tells him in the Name of all the Laity that those which held of him in Capite which is as much as to say he was none of them served him in their Persons and at their own charge therefore they beg'd leave to be gone if the King had no other business with them for no aid was due So that it seems they look'd upon Auxilium to be something in lieu of the service which the Kings Tenant was to perform That this concern'd the Kings Tenants in Capite by K t s service and no others except the inferior talliable Tenants they that were then assembled being the Great Council of the Kingdom took upon them to Umpire between the King and his Tenants and to tell him that he had no pretence for aid from them for they had perform'd their services due If only Tenants in Chief by Knights service are here intended by Tenants in Capite they only most commonly attending the King in Person though sometimes all Tenants whatever were required to attend and so in King John's Charter the Summons be taken to be only of such Tenants in Chief then the aid there is meant only of such as comes from them but that takes not in all that are within the meaning of King John's Charter it adding simili modo fiat de Civit. Lond. which paid a Socage Aid as I shall shew But for Chester even at those times when aids were granted by
free customes of the Villae appears from the Plea of the men of Coventry the Inhabitants of that Villa in 34 Ed. 1. They plead and their plea is allowed That in the times of that King and of his Progenitors which to be sure reaches to the custome before Magna Charta they us'd not to be taxt as Citizens Burgesses or Tenants of the Kings demesn but only along with the Community of the County of Warwick that is with the whole County and not with the Cities Burroughs and antient demesn of the Crown So that when the Commune Concilium in K. John's Charter or the Kings Tenants in chief laid any charge or gave an Auxilium or aid this could not affect them but when they came and agreed to any charge with the Body of the County as part thereof then they were liable and no otherwise and indeed the stream of Records of both H. 3. E. 1. and E. 2. evidently prove all this but let us touch the Record Ex parte eorundem hominum Regi est ostensum quod cum villa praedicta Civitas Burgus seu Dominicum Regis non existat ut homines villae predictae tanquam Cives Burgenses seu tenentes de Dominico Regis in aliquibus auxiliis Tallagiis seu contributionibus Regi seu Progenitoribus suis concessis non consueverunt talliari sed tantum cum Communitate Com. Warwic c. No man will imagine surely the meaning of this Plea to be that the Vill or Town of Coventry was not lyable when the Kings immediate Tenants taxt themselves only but they were when such Tenants taxt the whole County for that would have been an admittance of a grievance beyond that against which they petitioned for by that the Kings Tenants might have excused themselves and have laid the burthen upon them who were not Tenants in Chief so that it would have been their greatest advantage to claim the priviledge of being Tenants to the Crown and in that capacity to have had a right and priviledge to be parties and consenting to all charges and grants laid upon them and given to the Crown and for that they might have prayed in Aid and pleaded King John's Charter nor should we have met with so many Records in those times whereby so many pleaded off the Tenures in Capite as chargeable and burthensome nay even the tenure of Barony it self but on the contrary every one would have given the King great summs of money to have changed their tenures to have held in Capite ut de CoronÃ¢ when indeed it clearly appears they did the contrary because they not only could save their individual Estate if they had the sole power of making Laws and giving Taxes but would have encreased and better'd them by their Services and Tenures which capacitated them to lay charge upon all the Barons Knights and Freeholders of England who held not in Chief and who were by far the major part many of which held of the great Lords by such and such duties or payments pro omni servitio and beyond that were not lyable without their own consents to be charged and all this is demonstrative if any will read over and consider the infinite number of pleadings in the Ages we speak of viz. for some few instances that A. B. holds of C. D. of his Mannor of E. by paying 10 s. rent or one bow and arrow or one horse or the like pro omni servitio or holds of the Honour or Castle of D. to find one or more men bene paratos cum Armis to defend such a Postern-gate or such a Chamber there when summon'd by the great Lord pro omni servitio but to charge them without their assent further was to overthrow the very Salvo in the end of Henry the Thirds and in King Johns Charter which runs thus Salvae sint Archiepiscopis Episcopis Abbatibus Prioribus Templariis Hospitalariis Comitibus Baronibus Militibus omnibus aliis tam Ecclesiasticis personis quam secularibus omnes libertates consuetudines quas prius habuerunt If King John's Charter in the particular of which our dispute is introduced a new law then we must examine only what Custome or practice followed upon it or who made the Common or Great Councils of the Nation from that time to the 49th of Henry the 3. that is were of right to come or to have notice of the Councils sitting juxta tenorem magnae Cartae suae as is insisted upon in the 39th of Henry the 3. as above mentioned That they were more than Tenants in Capite which made the Commune Concilium in King Johns Charter the Record of the 38th of this King Henry where two for every County besides Tenants in Chief were summon'd were enough to evince We there find Writs to all the Sheriffs of England to summon the lesser Tenants in Chief the omnes alios qui in Capite tenent de nobis as in K. Johns Charter and two more to be chosen by every County respectively the precepts recite though 't were falsum deceptorium as the Historian tells us that the Earls Barons caeteri Magnates regni had promis'd to be at London with Horse and Arms to go towards Portsmouth in order to passing the Seas with the King for Gascony against the French King who then was in war with King Henry Mandamus says the Record quod omnes illos de BallivÃ¢ tuÃ¢ qui tenent viginti libratas terrae de nobis in Capite vel de aliis qui sunt infra aetatem in custodiÃ¢ nostrÃ¢ ad idem distringas which was to perform their personal services which not requiring their crossing the Seas here is a suggestion that 't was by the advice of the Great Council But besides the services of Tenants in Chief who were to be out upon their charges no longer than forty days the King wanted a supply of moneys to maintain them beyond that time and therefore for this he directs a representative of the several Counties Tibi districtÃ¨ praecipimus quod praeter omnes praedictos venire faciatis coram concilio nostro apud West in Quind Paschae prox fut quatuor legales discretos milites de Comitatibus praedictis quos iidem Com. ad hoc elegerint vice omnium singulorum eorundem viz. duos de uno Com. duos de alio ad provid unÃ cum militibus aliorum Com. quos ad eund diem vocari fecimus quale auxilium nobis in tantÃ¢ necessitate impendere voluerint These were to come vice omnium singulorum instead or in the place of all the Free-holders of the County which asserts their personal right but further Et tu ipse militibus aliis de Com. praed necessitatem nostram tam urgens negotiam nostrum diligenter exponas ad competens auxilium nobis ad praesens impendend efficaciter inducas Ita quod praefati quatuor milites
particularly nam'd But for this a resolution by all the Judges of England in the Reign of Hen. the 8th is a full Authority where 'T is adjudged that the King may hold his Parliament without such Lords as come onely upon the account of their Possessions The same in effect Mr. Selden tells us in in his Notes upon Eadmerus Neque eos speaking of Barones duntaxat ut hodie significare quibus peculiaris ordinum Comitiis locus est sed universos qui saltem beatiores regia munificentia c. Latifundia possidebant So that he was of opinion here that there were several who had great Estates of the immediate grant of the Crown who yet had no Seat in the House of Lords I would not be thought to assert any thing dogmatically I onely offer by way of learning some thing which perhaps will be look'd on as Paradoxes at the least I divide not my matter into Heads and Positions because I run counter to the sense of many great names and the direct opposing such in Thesi would be invidious and gain a disadvantage to the authorities I produce If any body will take the pains to shew me by authentick proofs and warrantable reasons that all or most of the Records or Histories by me cited or others not occurring to me ought to be taken in a sense contrary to what has appeared to me I shall thankfully receive and acknowledg his instructions but till then I must crave pardon if I cannot swallow or digest any Learned Modern Antiquarie's bare ipse dixit where I find the best of our Historians and a Series of Records in my Judgment diametrically opposing and contradicting their Positions and Assertions I am aware that besides the many slips of an hasty Pen and the weakness perhaps of several of the inferences which amongst some avocations may have pass'd neglected There is a material Objection against the foundation of the whole which is the general agreement of Records and Histories that till the 48th or 49th of Henry the Third all Proprietors of Land came to the Great Council without any settled exclusion when yet we many times find that the Councils were held in Churches or Halls and yet at those times 't is said that the Populus were there as if the Great Men were the standing Representative Body of the Nation and answer'd for all the People the Freeholders of the Nation To which I answer according to the modus tenendi Synodos which I may apply to the civil Councils That the probi homines or bonae conversationis came sometimes in their own Persons and when they agreed to it which was no abridgment of their personal Right they came by representation ex electione and every one was there himself virtually by his Deputy but they often met in vast Bodies and in capacious places both in the Saxon times and after William the First obtained the Imperial Crown The whole body of Proprietors were assembled at Runemed between Stanes and Windsor at the passing of King John's Charter and if we believe Matth. Westminster it was not unusual for the Kings of England long before King John's time at that very place to meet their People to treat of the Affairs of the Kingdom Maximus Tractatus habebatur inter Regem et Barones de pace Regni inter Stanes Windsoram in prato quod dicitur Runemed quod interpretatur pratum Concilii eÃ¶ quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur This shews the usual places of Assembling to have been large enough for all the people which are in so many Records and Histories Printed and in Manuscript said to have been present at the Great or General Councils I shall conclude with one Instance of the Parties present at such a Council which is deliver'd with sufficient perspicuity Anselm in one of his disputes with Henry the First desires the debate may be adjourn'd till the Easter following Differantur haec si placet usqu in Pascha ut audito Episcoporum regnique Primatum consilio qui modÃ² non assunt respondeam hinc Upon this Anselm comes to the Court at Easter Igitur in Pascha Curiam venit regni ingenuitatem praesens consulit Communi consilii vocem accepit c. Here the Council Episcoporum et Primatum to which he referr'd himself was reciprocal with the ingenuitas regni that is as Sir Henry Spelman shews us the liberi et legales homines the good honest Freeholders some of which were no better than Plebeians And therefore this authority alone especially as 't is strengthned by those others to the same purpose which I have cited absque dolo et malo ingenio evince to me That he or they who put out the Second Part of Sir Spelman's Glossary did not do right to his Memory in representing him affirming That the plebs the ingenuitas or liberi et legales homines as he himself tells us the word ingenuus has anciently been us'd are no where amongst the several Councils which he had read of mention'd to have been there from the entrance of William the First to the end of Henry the Third The words to this purpose which I conceive are put upon him are these Sine ut sodes dicam collegisse me centenas reor comitiorum edictiones tenoresque plurimorum ab ingressu Gulielmii ad excessum Henrici 3. existentium nec in tantÃ¢ multitudine de plebe uspiam reperisse aliquid Indeed notice being taken of those Councils where were Optimates et Barones totius Angliae and of that famous Assembly at Salisbury-Plain of the Barones et Vicecomites cum suis Militibus in pursuance of the Summons of William the First the positiveness of the assertion is restrain'd with a ni in his dilituerit But what doubt can be made of those words whereby they are expresly mention'd and that according to the true Sir Henry Spelman I am not yet aware of FINIS ERRATA PAge 3. l. 16. r. Tzurick for Tours p. 5. margin r. contemporaneo p. 8. l. 12. for William read Hugh p. 9. l. 9. r. Attendance p. 10. l. 7. add laici before omnes p. 12. l. 29. joyn a to part p. 17. l. 4. r. fuerat p. 25. l 6. add est de before antiquo l. 7. dele est de p. 27. marg r. Hil. for Mich. p. 35. l. 3. add Ã¨ before tota p. 40. l. 22. r. illuc l. 19. r. Knight for Knights p. 45. last l. r. antequam p. 47. l. 4. dele Comma after Sheriffs l. 15. r. vias l. 19. dele s after Knight p. 53. l. 28. make a Comma after Kings title l. 29. r. election p. 60. l. 28. add is after that p. 63. l. 18. r. of for in p. 64. l. 14. put a Comma after only p. 65. l. 15. r. 't was p. 66. l. 7. put a Comma after Nobility l. 10. after Londoners make a Comma so
to Portsmouth they which were summoned to the last are specified under the Denominations of Comites Barones Omnes qui Militare Servitium ei debebant this was to have them pass the Seas with him and they that stay'd at home gave him Escuage Veniente autem die statuto multi impetratÃ¢ licentiÃ¢ dant Regi de quolibet Scuto duas Marcas Argenti Here was a Military Council and a Military Aid given they that were with him at Dover are not particularly described by Matthew Paris but he tells us Convenerunt Rex Anglorum Pandulphus cum proceribus Regni apud domum Militum Templi juxta Doveram 15. die Maii ubi idem Rex juxta quod Romae fierat sententiatum resignavit coronam suam cum Regnis Angliae c. This was Communi Consilio Baronum nostrorum as Matt. Paris and Knyghton render the Charter As Matt. Westminster ad optimum consilium Baronum nostrorum the last gives us the form of the Summons which shews who were the Commune Consilium Regni here the Proceres Regni mention'd in Matt. Paris Omnes suae ditionis Homines viz. Duces Comites Barones Milites Servientes cum equis armis So that here was a Military Summons to them that ought to come because of Services which is explained by the Summons to Dover which was to Omnes qui militare servitium ei debebant if he thought all were bound to that Service and summoned all still the Parliaments Judgment satisfies us either that the rest were not obliged and therefore came not or if they came as they often did in Hen. 3. time upon the like summons as appears by many Records of that Age that the King's Tenants only assented to the Resignation Either way it resolves into this that a Council of the King's Tenants was not a Council that could lay any Obligation upon or pretend to a Representation of the whole Kingdom Indeed I meet with a MS. wrote I suppose in the time of Hen. 6. above two hundred years past the Author of which being induced by all the Records or Histories which had then appeared to him to believe that nothing could be of Universal Obligation even in King John's time but what was assented to as universally as Laws were when he wrote gives us King John's Charter of Resignation in a very full and complete form as if it had been Per consilium assensum nostrorum Procerum Arch. Ep. Ab. Prior. Comitat. Baronum Militum Liberorum hominum omnium fidelium nostrorum Whereby if his Authority could stand in competition with the Great Councils he would remove the Objection that had been long before made which was that this Resignation made in the ordinary Curia was not in a Legal Representative of the Kingdom It seems that both the Parliament and this Author were then satisfied that the King 's Feudal Peers or Tenants in Chief could not make a Commune Consilium Regni as a full Parliament in King John's time Besides it is worthy of consideration that if none but Tenants in Capite were of the Common Council of the Kingdom at this time then all the Abbots Priors and other Dignified Clergy who held not of the King in Chief and yet were very numerous together with the whole body of the inferiour Clergy were entirely excluded from and never admitted to this Common Council any more than the rest of the Layty from the time of William the First to the forty ninth of Henry the Third This I conceive is enough in the Negative that the King's Tenants could not within the meaning of this Charter make the Common or General Council of the Nation If it be said that they made the Common or ordinary Council for matters of Tenure or ordinary Justice I shall not oppose it in which sense they might be said to be a Commune Consilium Regni but that sense cannot be here intended because the words are Commune Consilium de auxiliis assidendis aliter quam c. de scutagiis c. So that 't is manifestly no more than a Common Council for the assessing of Aids and Escuage and if I shew that the Aids and Escuage concern'd the King's Tenants only then the Common Council of the Kingdom dwindles into a Common Council of the King's Tenants for matters concerning their Tenure If no instance can be shewn from Record or History of Auxilia or Aids raised by the Kings of England without more general consent except such as were raised of his immediate Tenants and those cases wherein the King here reserved to himself a power of charging with Aid or Escuage without consent of a Common Council concern'd his Tenants only and more than those Tenants were parties or privies to this Charter it must needs be that the other cases wherein the consent of a Common Council was requisite concerned Tenants only since only their consent is required and they only stood in need of this clause of the Charter That two of the three above mentioned viz. Aid to make the Eldest Son a Knight and to marry the Eldest Daughter were incident to Tenure appears by the Stat. West 1. Cap. 36. which ascertains the Aid which before as that declares was not reasonable and shews upon whom it lay viz. Tenants by Knights Service and Socage Tenants and there is no doubt but if the King might by Law have required Aid in those two cases he might have done it in the third for the redemption of his own body which was a service a King of England especially after the loss of Normandy which often occasioned the exposing their Sacred Persons so little stood in need of and was likely so rarely to happen that there was no need to redress by the Statute of West any grievance arising from thence Though the Statute here spoken of be only in the affirmative what Tenants by these Services shall pay Yet this has been taken to be pregnant with a Negative as to all others not mentioned So 11 Hen. 4. fol. 32. Nul grand sergeanty ne nul auter tenure mes seulement ceux queux teigne in Chevalry en Socage ne paieront Aid a file marrier pour ceo Stat. de West 1. cap. 36. voet que ceux deux tenures serroint charges ne parle de auters tenures that is none but Tenants by Knights Service and Socage are liable to these Auxilia But over and above these incidents whether with consent of Tenants or advice of other Council or meerly of their arbitrary motion Kings used to raise money upon their Tenants and these were called Auxilia which is the word used in this Charter of King John the leavy upon Tenants by Knights Service was called Escuage because of their Servitium Scuti Service of the Shield that upon Tenants of their Demesns in Common Socage Tallage which is a word that might be of a large extent as it signifies a cutting
any publick Act of recognizing a Kings Title of justice or of Elections of Persons to any Office I shall not scruple to call such an Assembly a Council and if it it be General a Great or Common Council of the Kingdom And Lanfranc I conceive was in this Kings Reign chose to be Metropolitan of all England in such a Council 't was indeed in CuriÃ¢ Regis as Gervacius and the Author of Antiquitates Britannicae shew but not the Ordinary Curia for 't was on our Lady-Day which was not the time of such Curia and the Clerus and Populus Angliae more than the Kings Tenants and Officers there confirm'd the choice of the Seniores ejusdem Ecclesiae that is of Canterbury In the fourth of this King the controversie between the Archbishop of York and the Bishop of Worcester was determined at Petreda before the King Archbishop Lanfranc the Bishops Abbots Earles et Primatibus totius Angliae this Mr. Selden rightly calls a Parliament which is easily to be gathered from the large and comprehensive Signification of Primates That General Summons the same year to have an account of the Laws looks as if it were to a Parliament to which a representation of twelve for every Country was agreed on but appears not to have been specially directed be that as it will there was no need of a full representative or meeting in an entire Body because it was not to lay any new obligation upon them but was an Enquest of the several Counties to present their old Laws But when he seemed inclined to make the Customs of some few Counties the Rule to all the rest Ad preces communitatis Anglorum he left to every County its old Customs In the Seventeenth of this King Convocavit Rex multitudinem Nobilium Angliae the multitude of the Nobles of England says Gervace of Dover this was about Ecclesiastical Affairs Concerning the bringing regular Monks into Monasteries and an old Monk tells of the Charter or Law then agreed on Haec charta confirmata est apud Westm in concilio meo Anno Regni mei XVIII praesentibus omnibus Episcopis et Baronibus meis where Barones mei must either be meant with relation to the whole Nobility of England which were all the King's men though not his Feudal especially immediate Tenants before whom the Test of Charters used to be as in Henry the Third's time the Earls only subscribed at the request of the rest or it might be only his Tenants in Chief subscribing as was usual In the Eighteenth the King impeaches his Brother Odo for his extortion this was at the Isle of Wight In InsulÃ¢ VectÃ¢ ei obviavit Ibi in mirum congregatis in aulÃ¢ Regali Primoribus Regni this was matter of ordinary Justice and though Primores Regni are named yet it might have been only such of them as attended on his Wars or in his Court and 't is not probable that being abroad all the Primores Angliae were summoned to this In the Nineteenth of his Reign I take it that he held barely his Curia at Glocester for 't was a Military Council except that his Judges Great Officers and constant Attendants were part of it Partem exercitus sui remisit partem secum per totam hyemem retinuit et in nativitate Domini Glavorniae Curiam suaÌ tenuit at this Court I find only some Ecclesiastical Preferments disposed of to three of his Chaplains which required no solemn Consult but his Laws passed per Commune Concilium totius Regni semel atque iterum ait se concessisse c. per Commune Concilium totius Regni and his Leges Episcopales Ecclesiastical Laws were established De Communi Consilio Arch. Episc Abb. et omnium Procerum Regni sui For William the Second whereas a great Antiquary will not say whether there were any solemn convention of the Nature of a Common or General Council in his time 't is manifest there was and we may find the Marks of distinction between his ordinary Curia Great Council or Parliament He was crowned convocatis terrae magnatibus says Bromton volentibus animis Provincialium Malms that is the whole Kingdom agreeing or the Major part indeed it seems the Normans were for Duke Robert but the English were not so wasted as some imagine but that they carried it Angli tamen fideliter ei juvabant as Simeon of Durham shews and Hoveden out of him In the Second year of his Reign he held a Curia on Christmass at London but 't was more than a Curia de more for there were Justiciarii ac Principes totius Angliae In the Third Turmas optimatum accivit Guentoniae congregavit he called together the Troops or Army of Nobles Barones aloquitur inveighs against his Brother Robert and perswades them to a War ut consilium inirent quid sit agendum jussit bids them consider or advise what was to be done His dictis omnes assenssum dederunt all consented to a War The King being very ill omnes totius Regni Principes coeunt Episcopi Abbates quique Nobiles promittuntur omni populo bonae sanctae leges here the Princes and Nobles reach to omnis populus Here Anselm is named Archbishop by the King concordi voce sequitur acclamatio omnium the noyce and publick acclamation witnesses the peoples consent and this is said to be secundum totius Regni electionem or as another Author Rex Anglorum consilio rogatu Principum suorum Cleri quoque populi petitionâ et electione The King being upon leaving England to settle his Affairs in Normandy Ex praecepto Regis omnes ferÃ¨ Episc unÃ cum principibus Angl. ad Hastings convenerunt Here Anselm pressed that there might be Generale Concilium Episcoporum but went from the Curia the Great Council dissatisfied Anselm had propounded a question to be discussed in Council Utrum salvÃ¢ reverentiÃ¢ et obedientiÃ¢ sedis Apostolicae possit fidem terreno Regi servare annon Ex RegiÃ¢ sanctione fermÃ¨ totius Regni Nobilitas quinto Id. Martii pro ventilatione istius causae in unum apud Rochingham coit Fit itaque conventus omnium This is called Curia but could not be the Court of Tenants and Officers only Anselm harangues the Assembly in medio Procerum et conglobatae multitudinis sedens The other Bishops are the Mouth of the Assembly and the Bishop of Durham the Prolocutor they tell him they will have him obey his Prince upon this he appeals to Rome Miles Unus a good honest Freeholder steps out of the throng de multitudine prodiens and with great devotion sets before his Holy Father the Example of Job's patience upon this the Prelate hugged himself in the opinion that the populus the Populacy were
after Citizens l. 11. put a Comma after amongst them p. 68. l. 14. r. Matilda p. 206. l. 2. r. plectendum l. 3. r. judicare p. 217. l. 11. r. affuerunt p. 228. l. 9. r. Doveram p. 237. l. 7. add the before free Customs l. 8. dele the 2d Sheet of p. 237. l. 13. r. militibus p. 238. l. 9. r. tenants us'd p. 240. l. 20. r. de scuto l. 28. r. the for their p. 241. l. 11. dele s after acquaint l. 22. r. record p. 245. l. 2. r. negotium p. 246. l. 5. r. retroactis p. 247. l. 23. r. his instead of this p. 251. margin r. proprietariis p. 255. r. Baro l. 21. put a Comma after Freeholders p. 261. l. 1. r. that before us'd p. 262. l. 20. add s to thing p. 265. l. 14. add s to ââmmuni A Catalogue of some Books lately Printed for Tho. Basset at the George in Fleet-street AN Institution of General History or the Histo of the World in two Volumns in folio by Dr. William Howel Chancellor of Lincoln Printed 1680. Historical Collections being an exact Account of the Proceedings of the four last Parliaments of the Renowned Princess Queen Elizabeth containing the Journals of Both Houses with their several Speeches Arguments Motions c. in folio writ by Hayward Townshend Esq then a Member of Parliament Printed 1680. The Antient Right of the Commons of England Asserted or a Discourse Proving by Records and the best Historians That the Commons of England were ever an Essential part of Parliament By William Petyt of the Inner Temple Esq Of the French Monarchy and Absolute Power and also a Treatise of the Three States and their Power deduced from the most Authentick Histories for above 1200 Years and digested this latter by Mat. Zampini de Recanati L. L. D. The Constitution of Parliaments in England deduced from the time of King Edward the Second Illustrated by King Charles the Second in his Parliament Summon'd the 18th Febr. 1660 1. and Dissolved the 14th Jan. 1678 9. with an Appendix of its Sessions in Oct. The Politicks of France by Monsieur P. H. Marquis of C. with Reflections on the 4th and 5th Chapters wherein he censures the Roman Clergy and the Hugenots by the Sir l'Ormegregny Le Beau Pleadeur a Book of Entries containing Declarations Informations and other select and approved Pleadings with Special Verdicts and Demurrers in most Actions real Personal and mixt which have been argued and adjudged in the Courts at Westminster together with faithful references to the most Authentick printed Law books now extant where the Cases of these Entries are reported and a more Copious and useful Table than hath been hitherto Printed in any book of Entries by the Reverend Sir Humphrey Winch Knight sometime one of the Justices of the Court of Common Pleas. A Display of Heraldry manifesting a more easie access to the knowledg thereof than hath been hitherto published by any through the benefit of Method whereunto it is now reduced by the study and industry of John Guillim late Pursuivant at Arms. the 5th Edition much enlarged with great variety of bearings to which is added a Treatise of Honour Military and Civil according to the Laws and Customs of England collected out of the most Authentick Authors both Ancient and Modern by Capt. John Logan illustrated with Variety of Sculptures suitable to the several subjects to which is added a Catalogue of the Atcheivments of the Nobility of England with divers of the Gentry for Examples of Bearings Now in the Press Dr. Heylins help to the English History with very large Additions Petyt 's Appendix p. 131. Bracton lib. 2. cap. 16. p. 37. Charges upon the Land according to the value or number of Acres Charta Johannis 17. Regni Anno 1215. Tiguri fol. 247. Magna Carta cap. 9. 2 Iust fol. 20. Titles of Honour f. 586 587. Rot. Claus 17 Johannis Dorso m 21. Rot Pat. 17 Johannis pars unica m. 13. n. 3. Ib. m. â3 dorso Magna Charta cap. 38. Confirmatio magna Chartae facta 2. H 3. in consimili formÃ¢ cum magna Charta 9. Hen. 3. testibus data exceptis exemplificata confirmata 25. Edw. 1. prout Charta de ForestÃ¢ Ex MS contemporaneÃ¢ statutor penes Sam. Balduin Equitem auratum servient ad legÃ¨m Et de Scutagiis assidendis faciemas summoneri c. That is such of the Majores as held intra ãâã Aid upon Tenants in Common Socage Escuage upon Tenants by Knights Service Chester Tit. Honor. 1 Edit p. 247. See Leicester's Survey of Cheshire 20. H. 3. M. Paris fol. 563. Ed. Lond. Tit. Honour 1 Ed. p. 233. Selden ib. Domesday in Cheshire saith Comes tenet Comitatum de Rege See Leicester 's survey of Cheshire Mat. P. fo 497. Ed. Lond. Anno 1232. 17o. H. 3. M. P. An. 1205. 7o. Johannis Mat. Pared Tig. f. 359. Nequi magnates viz. Comes Baro Miles seualiqua alia notabilis persona Rot. Claus 3 E. 2. m. 16. dor M. P. f. 359. An. 1232. 17o. Rs. H. 3. Nota This shews that the Tenants in Capite were not all the Council because they in particular are taken notice of amongst them which came to that Council The Earl of Chester was not to attend the King in his Wars nor to pay escuage in lieu of military service because all his Tenure was to keep to the defence of the Marches Rot. Pat. 44 H. 3. M. 1. dor 22o. Ed. 1. n. 45. sub Custod Camerar in Scaccario Rot. Pat. 2. Ed. 1. M. 6. Rot Pat 20. Ed. 1. M. 6. Bundella literar in Turre London An. 8. H 3. Ne qui Magnates viz. Comes Baro Miles seu aliqua alia notabilis persona c. Rot. Claus 3 E. 2. m. 16. dor Rot. Parl. 40 Ed. 3. n. 7 8. Matt. Par. p. 236. Hooker Eccles lib. fol. 29. Matt. Paris Ann. 1212. 14 Johannis Matt. Par. Matt. Par. Knyghton Matt. West fol. 271. Matt. West fol. 271. MS. Cod. ex Bib. Dom. Wild nuper defunct Note a Common Lord had Aid in the like case by King John's Charter William 1. Seldeni ad Fadmer notae specilegium fol. 190. Ib. cap. 52 59. Et ad judicium rectum sustitiam constanter omnibus modis pro posse suo sine dolo sine dilatione faciend ib. Knyghton fol. 2358. Leges Will. 1. Servitutes rusticorum praediorum sunt haec iter actus via aquaeductus Digest lib. 8. tit 3. Servitutum non ea natura est ut aliquid faciat sed ut aliquid patiatur vel non faciat ib. fol. 215. Sim Dunelm fol. 212. 1084. 14 Will. 1. 2. Inst fâl 232. Inter brevia directa Baron de term Mich. 32 Ed. 1. M. 4. dorso penos Rem Regis in Scaccario The same Plea for the Earl of Glocest. and Herts allowed ib. M. 5. Inter brevia directa Baron de Term. Hill 33 Ed. 1. penes Rem Domini Thes in Scaccario Inter