settlement of our 3. Kingdoms reduced to the brink of utter ruine by their dangerous 〈◊〉 Innovations and Usurpations over their fellow-Members â—…cers and Kings and restore our Parliaments to their antient Constitution Rights Privileges without any injurious Incroachments upon the Peoples Liberties or one House upon the other I shall 〈◊〉 God for it and by his assistance proceed to publish the remaining Sections for the benifit of Posterity In the mean time I hope this Fragment will demerit thy thanks too and thy servent Prayers for thy friend The unfeined unmercinary Servant of his Native Country in his generation William Prynn Lincolns-Inne Jan. 7. 1659. THE SECOND PART OF A Brief Register Kalendar and Survey of the several Kindes Forms of PARLIAMENTARY WRITS HAving already presented the world with the First Part of my Brief Register Kalendar and Survey of the several kinds forms of Parliamentary Writs in 3. distinct Sections with Special General Choise useful Annotations on and Observations from them relating principally to the Members and Assistants of the LORDS HOUSE I shall now proceed in this Second Part by Gods assistance to communicate to this present age and Posteritie in several Sections the manifold varieties forms of Writs issued to Sheriffs of Shires and particular Corporations made Counties within themselves Wardens of the Cinqueports Mayors of Towns Burroughs and Officers of the Ports for electing Knights Citizens Burgesses Barons of the Ports and other Members to serve in our Great Councils Parliaments or attend upon or appear before them as Assistants or otherwise upon Extraordinarie Occasions with the different Forms of Writs for Proroguing Adjourning Superseding Parliaments or Councils after the first Writs of Summons issued to Spiritual and Temporal Lords of all ranks the Kings Counsil Sheriffs and other Officers with extraordinarie Writs directed to the King Nobles Officers and others of Scotland and to some Lords Officers and others in Ireland as likewise to Merchants Masters Owners of Ships and other private persons to appear at or before the Parliament or Kings Counsil in England upon urgent occasions relating to the respective Lands affairs defences of Scotland or Ireland or to the Guarding of the Seas Merchandize trade and the like with sundrie kinds of Writs issued to the Arch-bishops Bishops Convocations Clergy of England besides other rare Writs relating to our Parliamentarie affairs and proceedings not hitherto published or insisted on by any Writers of our Parliaments though most worthie the knowledg of all Noble-men States-men Parliament-men Lawyers Gentlemen of qualitie Antiquaries Historians hitherto for the most part totally unacquainted with them or the majoritie of them almost quite buried in the grave of oblivion many of our Records being now overspread with dust cobwebs and eaten up with rust cankers moths worms in their over-much neglected Cells for want of industrie care in those who should preserve and reduce them into better order for the publike benefit of the present and succeeding ages A Work fit to be speedily executed promoted and no longer deferred by those whom it most concerns and by persons in highest Authoritie as worthy their superintendent eye and countenance being the richest Treasures of the whole English Nation SECTION IV. Of the several varieties forms of Writs for electing Knights Citizens and Burgesses for Parliaments and great Councils issued to the Sheriffs of Counties intermixed with some of their ancientest Retorns by Sheriffs and some writs of Prorogation and Resummons with special usefull Annotations on and Observations from them after most of these VVrits recitals VVHen and in what Kings Reign Writs for electing Knights Citizens and Burgesses to serve in our great Councils Parliaments were first issued and they upon the peoples free choice admitted into them as Members is a great yet undecided Countroversie amongst Antiquaries and Writers of our English Parliaments Some conceit that there were Knights Citizens Burgesses and Commons in the Reigns of our Saxon Kings before the Conquest summoned as Members to their grand Councils and included together with the Nobles under the name of Sapientes and the like for proof whereof they much insist upon the pretended ancient Treatise stiled Modus tenendi Parliamentum which in truth is but a late absurd Imposture though cried up by Sir Edw. Cook who over doted on it for a most ancient Record beyond all exceptions relying upon it as an undoubted Oracle Others refer their original to the Parliamentarie Council held at Salisbury in the sixteenth year of King Henry the 1. to which opinion Polydor Virgil Holingshed Speed in their Histories Anno 1216. Justice Dodderidg Mr. Cambden Mr. Agar and Joseph Holland in their Treatises of the c Antiquity of the Parliaments of England Sir Walter Raleigh and others incline as most probable Which I have at large refuted in My Plea for the Lords p. 165. to 183. by unanswerable evidences Sir Rob Cotton and Mr. Selden two of our learnedest most judicious Antiquaries do rather incline that the writs for electing Knights Citizens and Burgesses began but about the later end of King Henry the 3. and that the first Writ of this kinde now extant is that in Cl. 49 H. 3. before which time I conceive it can hardly be made good by Historie or Records that anie Knights Citizens Burgesses or Commons elected by the people or others were called to our Great Councils or Parliaments as Members of them That which induceth me to adhere to this opinion are not onely the Histories and Records I have elswhere cited during the reigns of King Henry the 1. King Stephen Henry the 2. Richard 1. King Iohn and Henry the 3. of all the Parliamentarie Councils held under them before this year which make no mention of anie such Knights Citizens Burgesses or Commons summoned to or present in them as Members but only of the Archbishops Bishops Abbots Priors Earls Nobles and Great men of the Realm but these memorable Writs entred in the Clause Roll of 48 H. 3. which assure us that there was a Parliamentarie Council summoned held this year by the King his Prelates Lords Nobles Barons and a Tenth granted him by the Prelates Lords ordained how to be levied expended for the common benefit of the Realm Church of England by their unanimous Counsil and advice without the least mention at all of anie Knights Citizens Burgesses or Commons called to or acting in it in anie kinde Claus. 48 H. 3. m. 5. dorso Rex Johanni de Balliolo salutem Cum jam sedata turbatione nuper habita in Regno nostro Pax inter Nos et Barones nostros divina cooperante gratia ordinata sit ac firmata Et quaedam ardua negocia Nos et Regnum nostrum tangentia Vobiscum communicanda habeamus quae sine praesentia vestra aliorum Fidelium nostrorum nequeunt expediri Vobis de Consilio Baronum nostrorum mandamus in fide et homagio quibus Nobis tenemini
sine aliqua occasione dilatione audit is rumoribus de eorum adventu Et si quis Miles vel serviens vel alius terram tenens conventus suerit qui se inde retraxerit dummodo tanta non fuerit gravatus infirmitate quod illuc venire non possit Ipse haeredes sui imperpetuum exheredantur dabuntur feodum suum remanebit Domino fundi ad faciend inde voluntatem suam ita quod exhaeredatus vel haeredes sui nunquam inde aliquam habeant recuperationem Si quis vero Milites servientes vel alii qui terram non habent inventi fuerint qui se similiter retraxerint ipsi haeredes sui Serbi fient imperpetuum reddendo singulis annis iiij d. de capitibus suis nec pro paupertate omittant ad praedictum negotium venire cum illud audierint quare ex quo ad exercitum venerint providebitur unde sufficienter in servicio nostro poterant sustentare Si vero Vic. vel Ball. vel Praepositus illos quise retraxerint Nobis per breve vel per scriptum vel viva voce non ostenderint dict Vic. vel Ballivus vel Praepositus remanebit in misericordia nostra de vita membris Et ideo tibi praecipimus quod sub sestinatione Proclamari facias in foris per totam Ballivam tuam in Mercatis Nundinis alibi ita te de negotio illo faciendo intromittas quod ad te pro defectu tui capere non debeamus Et tu ipse sis apud London ad praefatum terminum vel aliquem discretum ex parte tua mittas facias tunc Nobis sciret nomina decimorum Militum Et habeas ibi hoc Breve Teste meipso apud Wint. 3 die Aprilis Sed Nota Vic. Eborum Northumberland Cumberland Westmerland scribitur in eadem forma hoc adjecto Quod Rob. fil Rog. Const. Cestr. retineat de Militibus praedictis quos judicat expedire necessario ad defenfionem partium suarum Haee Brevia liberata sunt subscriptis Eborum per Ric. Anglicum Clericum Rob. fil Rog. Northumbr Westmerl Cumberl Bucks Bedf. per Spaine Norf. Suff. Essex Herif. Cantebr Hunt Oxon. Berks. Northt Glouc. Rad. de Chumbras Honor. de Glouc. Worcester Hereford Leic. Warwic Salop. Staff Lancastr Wiltes per Laurentium Somerset Dorset Devon Cornub. Sutht Linc. per Rog Bastard hominē Senescalli Roteland Not Derb. Kent per Thom fil Nigell Clericum Willielmi de Wroth. Surr. Midds Sussex From the Prologue of this Proclamation Provisum est communi assensu Archiepiscoporum Episcoporum Comitum Baronum et omnium fidelium nostrorum Angliae Mr. Lambard inferrs that the Commonaltie of the Realm both at this time and long before were summoned to our Great Councils and Parliaments and present in assenting to whatever was ordained in them as well as the Spiritual and Temporal Lords this being in truth the probablest evidence and Authority he produceth to prove this assertion But under his correction I aver First neither this rectal nor any other testimonie alleged by him doth clearly evidence that these omnes fideles nostri Angliae were Knights Citizens Burgesses or Commons of the Realm chosen by the people by virtue of the Kings writs and sent by them to Parliaments and Great Councils in that or former ages as Knights Citizens and Burgesses have been of later times no Histories nor Records making express mention of any such Writs or Elections of such Knights Citizens Burgesses of Parliament before 49 H. 3. 2ly The Writ of Summons extant in the Clause Roll of 6. Johan Regis dors 3. this very year to the Parliamentary Council at London wherein this provision for defence of the kingdom against forein Enemies was made as I conjecture makes mention only of Magnatum terrae nostrae Quos ad diem illum et locum fecimus convocari not of any Commons Knights of Shires Citizens or Burgesses summoned to it 3ly Matthew Paris and Mat. Westminster who inform us of another Parliamentary Council held under King John at Oxford this very year express it thus Deinde in crastino Circumcisionis convenerunt ad Colloquium the word Parliamentum not being then in use apud Oxon. Rex et Magnates Angliae ubi concessa sunt Regi auxilia militaria de quolibet Scuto duae marcae et dimidia Nec etiam Episcopi et Abbates sive Ecclesiae personae sine promissione recesserunt without mentioning any Knights Citizens Commons or Burgesses present at this Council or parties to this grant Wherefore if the Ordinance mentioned in this Writ was made at Oxford these Omnium fidelium nostrorum Angliae as I conceiue cannot properly be meant of them but of the Abbots Priors Kings Counsil or those Omnes alios qui de Capite tenent de Nobis who were not Majores Barones Regni mentioned in the Great Charter of King John some few years after in this memorable Clause which best explains this in the Proclamation Ad habendum Commune Consiltum Regni de auxiliis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites Majores Barones sigillatim per literas nostras Et praeterea faoiemus in Generali per Vicecomites Ballivos nostros omnes alios qui de Capite tenent de Nobis ad certum diem scilicet ad terminū Quadraginta dierum ad minimum et ad certum locum in omnibus literis summonitionis illius Causam submonitionis illius exponemus which was accordingly expressed in the writ of Summons 6 Johannis and in all writs of like nature since this Great Charter extant in our Records 4ly The very contents of the Provision mentioned in this Proclamation Quod novem Milites to wit those who held Lands by a Knights fee and Knight-service per totam Angliam invenient decimum Militem bene paratum equis et armis c. compared with Clause 19 H. 3. m. 1 3 6 8. Prove these lesser Barons and Tenants of the King to be the persons intended in this Clause not any elected Knights Citizens and Burgesses who were either summoned in general to this Council and consented to this provision therein when passed or else assented thereto after the Lords and Great men had passed and communicated it to them in the Countrie 5ly Though this Provision and Proclamation doe not clearly prove the Summons of any elected Knights Citizens and Burgesses to this Parliamentary Council yet they are a clear euidence That Ordinances for raising Men Forces Taxes and Impositions for the ne◅ie defence of the King and Realm against forein Enemies with forfeitures of Lands other severe penalties for defaults therein cannot nor may not be made nor imposed on the Freeholders or Subjects of England by the King or his Counsil but onely by the common consent grant and provision of the Spiritual and Temporal Lords Great men and
other Lieges of the King assembled in a Parliamentary Council since the Provisions and penalties mentioned in this Proclamation were all made by their common consent and that upon this occasion King John in the year 1203. passing out of England into Normandy with a great Army giving himself over to luxurie sleep and carelesness suffered the King of France to take many Towns and Castles from him without the least resistance Being frequently informed thereof by complaints from all parts he gave no other answer but this to the Complainants Suffer him to do what he pleaseth I will one day recover whatever he now violently surpriseth Hereupon Comites et Barones et alii de regno Angliae Nobiles qui ei eatenus fideliter adbaeserant talia audientes ejusque desidiam incorrigibilem intelligentes impetrata licentia quasi illico reversuri remearunt ad propria returning no more but leaving the King in Normandie with very few Soldiers Upon which he returning into England the King of France came before most of King Johns Castles and Towns there and perswaded them to submit themselves to him as their Chief Lord seeing King John their immediate Lord had quite deserted them who accordingly submitted King Iohn upon this occasion raising a puissant Army intended to cross the Sea with them to regain his lost Townes and Castles from the French Whereupon by the common assent of his Spiritual and Temporal Lords and Lieges assembled in a Parliamentary Council he made the precedent provisions Proclamation for the Defence of the Realm of England in case the French or any forein Enemies should invade it during his absence After which Anno 1205. he took ship at Portsmouth against the prohibition of the Archbishop of Canterbury and many other of his Nobles who refusing to follow him he was inforced to return after he had continued at Sea two dayes Reversus autem Rex coepit de Comitibus Baronibus Militibus et viris religiosis pecuniam infinitam occasiones praetendens quod noluerunt eum sequi in partes transmarinas ut haereditatem amissam recuperet And so much touching the contents occasion issue of these Provisions and Proclamation The 2. Writ is that of Rot. Claus. Anno 15. Johannis Regis pars 2. m. 7. dorso which I have examined by the Record Rex Vicecomiti Oxon. salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in quindecim 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 loquendum Nobiscum de Negotiis regni nostri Teste meipso apud Witten 11 die Novembr Eodem modo scribitur omnibus Vicecomitibus This unusual form of Writ the later part whereof sounds like a kinde of Summons of Knights out of every County to a Parliament at Oxford hath much perplexed many learned men who knew not well what to determin thereof being without parallel But under correction of others I conceive it rather a Summons to a Military Camp of Warr than to a Parliament or Parliamentary Council at Oxford and these Quatuor discretos Milites out of every County were not summoned as Knights of the Shire to a Parliament then held but rather as Inquisitors or Grand-Jury-men upon a special occasion thus related by Matthew Paris which in my apprehension will very satisfactorily explain this obscure Writ King Iohn being both injuriously excommunicated deposed from his Throne his whole kingdom interdicted given by the Pope to the French King who thereupon prepared a great Army and Navy to possess himself therof he did upon this occasion to resist the French and defend his Crown and kingdom against their intended invasion by two several Writs recorded at large in this Historian summon all the Ships of England able to carry six horses to meet together at Portsmouth well furnished with victuals and Mariners to resist these Enemies by Sea and all Earls Barons Knights Freehold Tenants and others who were bound by tenure or able of bodie to bear arms to meet him at Dover to withstand them by Land After which having reconciled himself to the Pope by resigning his Kingdom of England and Ireland to and retaking them from him under an yearly Tribute he was by the Popes Legate absolved from his Excommunication and the kingdom from its long-continued interdict at Winchester swearing upon the Holy Evangelists in this his Absolution Quod Sanctam Ecclesiam ejusque ordinatos diligeret defenderet et manuteneret contra omnes adversarios pro posse suo Quodque bonas leges Antecessorum suorum praecipue Leges Edwardi Regis revocaret et iniquas destrueret et omnes homines suos secundum justa Curiae suae judicia judicaret quodque singulis redderet jura sua Juravit etiam quod omnibus ad Interdicti negotium pertingentibus inter proximum Pascha plenariam restitutionem faceret obtatorum c. In pursuance whereof In crastino misit Rex literas ad omnes Vicecomites regni Angliae ut de singulis Dominicorum suorum villis Quatuor legales homines cum praeposito apud Sanctum Albanum pridie nonas Augusti fecerent convâ—…nire ut per illos et alios ministros suos de damnis singulorum Episcoporum ut ablatis certitudinem inquireret et quid singulis deberetur Dum haec agerentur interfuerunt Concilio apud Sanctum Albanum Galfridus filius Petri et Episcopus Winton cum Archiepiscopo et Episcopis et Magnatibus Regni Ubi cunctis pace Regis denunciata ex ejusdem Regis parte firmiter praeceptum est quatenus leges Henrici avi sui ab omnibus in regno suo custodirentur et omnes leges iniquae penitus enerventur Denunciatum est praeterea Vicecomitibus Forestariis aliisque Ministris Regis sicut vitam et membra sua diligunt ne à quoquam aliquid violenter extorquerent vel alicui injuriam irrogare praesumant aut scotalla alicubi in regno faciant sicut facere consueverant After which Rex verò Johannis cum se à quibusdam Magnatibus who deserted him in Poytiers quasi derelictum cognovisset magnum Congregabit Exercitum ut rebelles ad consuetum obsequium revocaret Cumque arma movere incepisset venit ad eum Archiepiscopus apud Northamtonam dicens plurimum in injuriam sui Sacramenti quod in absolutione sua praestiterat redundare Si absque Iudicio Curiae suae contra quempiam bella moveret Quod audiens Rex cum ingenti strepitu dixit Se regni negocia propter Episcopum non differre cum laica judicia ad ipsum non pertineant In crastino autem summo diluculo iter furibundus arripiens versus Notingham properavit Secutus est quoque Regem Archiepiscopus memoratus constanter affirmans quod
THE SECOND PART OF A BRIEF REGISTER AND SURVEY Of the several Kinds and Forms of Parliamentary VVrits COMPRISING The several Varieties and Forms of Writs for electing Knights Citizens and Burgesses for Parliaments and Great Councils issued to Sheriffs of Counties only with the antientest Returns of these Writs by Sheriffs yet extant on Record from 49 H. 3. til 22 E. 4. amongst the Records in the Tower intermixed with other rare Writs pertinent to this subject and some Writs of Prorogation and Re-sommons with special usefull Annotations and Observations on them after most of these Writs recitals for the Readers information Wherein the Original of the Commons House and elections of Knights Citizens Burgesses and Barons of Ports to sit in Parliament is infallibly evidenced to be no antienter than 40 H. 3. the Presidents and Objections to the contrarie answered The Original of antient Boroughs and how many they were under King Edward the 1. 2 3. discovered The power of the Kings of England in creating new Boroughs by Charters or Writs augmenting diminishing the number of Knights Burgesses Members of the Commons House and altering the Forms of Writs of Summons without a Parliament The inability of the Commons House to eject or censure any one of their Members much less the major part as now without the King or House of Lords concurrence and Judicature and the inconsistency of force and armed Gards with Parliaments freedom are fully evidenced Some grosse mistakes touching Parliament Writs and Members refuted with many other Rarities concerning Parliaments By William Prynne Esquire a Bencher of Lincolns-Inne Jer. 6 16. Thus saith the Lord stand ye in the waies and see and ask for the old paths where is the good way and walk therein and ye shall find rest for your Sou's but they said We will not walk therein LONDON Printed by T. Childe and L. Parry and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. To the Reader Courteous Reader LEt it seem neither strange nor injurious nor unreasonable or unseasonable to thee that I now publisâ—… only one single Section and Fragment of the severaâ—… Forms of Writs for electing Members of the Commons House in Parliament without the remaining Sections I at first intended to accompany it to make it compleat when as a very small Fragment of the old Commons House not the full Tenth part of it after theiâ—… own double forcible dissipation by the Army haâ—… by their own special command forcibly excluded all tâ—… old secluded Members being above 200. by armâ—… Gards not only out of the House but Lobby too Dâ—…cemb 27. and voted them quite out of the House tâ—… 5th of January 1659. without the least accusation 〈◊〉 hearing behind their backs though ready to justifâ—… themselves face to face against all Objections contrary 〈◊〉 all Laws of God Nations and the Land whiâ—… judge and disfranchise no man how criminal or vâ—… soever before he be heard have his Accusers faâ—… to face and have license to answer for himself coâ—…cerning the crimes laid against him It seemiâ—… unreasonable even in the judgments of mere Paganâ—… to imprison or condemn any person and not withâ—… to signifie the crimes laid against him The only groâ—… of this their Unparliamentary bruitish Vote withâ—… any crime cause or particular Members names exprâ—…sed in it is our voting the Kings Concessions upâ—… the Propositions to be a Ground for the House proceed upon for the settlement of the peace of tâ—… Kingdom according to our Trusts Judgements Câ—… sciences after 3. daies and one nights debate without 〈◊〉 viding the House when there were above 300. Members present for which Vote alone Decemb. 5. as it now appears they then gave secret Orders to the Army Osficers to secure 45. and seclude above 200. more Members Dec. 6 7. 1648. and since that to re-sâ—…clude them May 7 9. and Decemb. 27 1659. placing trâ—…ble Gards at the door January 5. when they passed their vote to discharge disable them from sitting to keep them out if they then attempted to enter Had this bin only a sin of Ignorance or private Injury we should with patience and Christian charity have pretermitted and remitted it with our Saviors prayer Father forgive them for they know not what they do but being a wilsull malicious unatural crime against not only their Fellow-Members contrary to all rules of Iustice Nature and the Gospel it self resolving That there should be no Schism in the Body of the House or Parliament no more than in the natural Body but that the Members should have the same care one of another and whether one Member suffer all the Members suffer with it but also the highest injury and affront to all those Counties Cities and Boroughs they represent and a new kind of Gupowder-Treason to blow up all English Parliaments foundations Rights Privileges Members and the fundamental Government Laws and Liberties of the people in succeeding generations if connived at not fâ—…lly viâ—…dicated being 6. several times or more impenitently perpetrated by them the last after their own late double dissipations by divine retaliation which they so highly resented as Treasonable and Flagition in Cromwell and Lambert seconded with an old and new Engagement and Oath of Abjuration which some of them have already taken intend to obtrude upon the Consciences of our 3. Nations to send them down quick into Hell if taken or ruine them in their Liberties Properties if denied I cannot but look upon it as a kind of sin against the Holy Ghost which I fear some of these desperadoes have wellnigh arived unto which shall never be forgiven to men neither in this world nor in that which is to come The rather because they arrogate to themselves the Name Power and Judicature of THE PARLIAMENT no lesse than 5. times in this short Nonsence Vote when as they are not the Tithe of a Commons House and no Parliament at all without the King and House of Lords have not the least legal Jurisdiction to seclude or vote out any one Member without the Kings or Lords concurence whom they have engaged against abjured secluded against the very Act by which they pretend to sit who were a Parliament alwaies without a Comons house til 49H 3. without whom they can now Enact Vote Order nothing that is valid or Obligatory to the secluded Members or people as this and the former part of my Register and Plea for the Lords will inform those Ignoramusses in Parliamentary proceedings who think they may act enact and vote what they please against all rules of Justice the Laws of God and the Land and our whole Nation the reason and end of its present publication If they or any others shall receive any New-light from these new unknow Antiquities to reduce the over-swelling House of Commons within its antient bounds of loyalty and sobriety for the peace and
nisi ab inceptis celerius desisterit omnes qui versus quempiam ante relaxationem interdicti hostiliter arma gesserunt praeter ipsum solum anathematis vinculo innodaret Sicque ab inceptis Regem revocans Archiepiscopus non prius abe recessit donec Diem conipetentem ad Curiam Regis veniendi et ibidem Iuri parendi Baronibus impetrasset The 8. of September following the Archbishop Bishops Abbots Priors and Barons of the Realm assembling together at Pauls the Archbishop calling some of the Barons to him apart from the rest secretly acquainted them with the Kings forecited Oath taken at his absolution and produced before them the Charter of Liberties granted by King Henry the first by which they might if they would reduce their long lost Liberties to their pristine estate At which the Barons greatly rejoycing juraverunt omnes in praesentia Archiepiscopi quod viso tempore congruo pro hiis libertatibus si necesse fuerit decertabunt usque ad mortem Archiepiscopus autem promisit eis fidelissimum auxilium suum pro posse suo Et sic confoederatione facta inter eos Colloquium solutum est The King hereupon as I conjecture issued out the precedent writ the 3. of November following whereon it bears date to all the Sheriffs of England consisting of 3. distinct parts sutable to that time and occasion The first is to new summon Omnes Milites all who held of him by Knight-service with those Souldiers not knights or knights of Shires in their respective Bailiwicks they had formerly summoned by some such writ as this to repair to Oxford to come to the Kings person ad Nos without naming any certain place 15 daies after All Souls day cum armis with their arms the usual form and clause in precedent and subsequent writs of Summons of an Army and forces to aid the King not to a Parliament or Great Council of State and that to defend and assist him against the precedent confederacy of the Archbishop Bishops Abbots Priors and Barons then newly entred into at London against whom he had raised a great Army by like Writs but a few Monethâ—… before to reduce these Rebels to obedience which Armie the Archbishop caused him to dissolve as Matthew Paris relates The 2. Clause is Corpora vero Baronum singulariter sine armis to summon and bring to the King the Bodies of the Barons in their respective Counties apart one from another without arms as in the said writ not two or more of them together with their arms and armed attendants to prevent all dangers tumults insurrections and intended rebellions if they should come armed to his Court being now thus summoned to appear before him not to treat and advise with him and the rest of the Prelates Earls and Nobles of any urgent affairs concerning the King or Realm of which there is no mention at all in this writ in relation to the Barons as there is in all Writs of Summons to Parliaments or Great Councils issued to them extant in our Records But rather according to the Archbishops engagement to the King at Nottingham a little before this writ to submit themselves to the Iustice of his Court and a legal trial concerning the crimes he should there object against them upon their appearance on the day prefixed in the writ the same I conceive the King and Archbishop had formerly agreed upon at Notingham And that this was the reason why they were to appear without armour is evident by the like Summons hertofore to Earl Godwin and his Sons to appear in the Kings Court to answer the Kings charge against them attended only with 〈◊〉 men without any force or arms by the subsequent Statutes of 7 E. 1. Rastal Armour 1 2 E. 3. c 3. expresly resolving that in all Assemblies which should be made within the Realm of England for ever every man should come without all force and armour well and peaceably And that no man Great or Small of whatsoever condition he be except the Kings Servants in his presence and his Ministers and their Assistants in executing his precepts or their Office or upon a cry made for arms to keep the peace in such places where such acts happen should be so hardy to come before the King or his Iustices or other his Ministers doing their office with force and arms nor bring no force in â—…ffray of Peace Which was but the antient Common and Statute Law of England The 3. Clause of the Writ which only hath some resemblance of a writ of Summons is to summon not two but quatuor Discretos Milites de Comitatu tuo being more than we read summoned in succeeding Rolls out of every County as Knights of Shires to our Parliament and those not to come to any Parliament or Great Council at any certain place of which there is no mention at all in this Writ but ad Nos to the King himself at the time there specified and that only Ad loquendum Nobiscum de negotiis regni nostri not ad tractandum Nobiscum et cum Praelatis Proceribus or Magnatibus or aliis or caeteris fidelibus regni nostri de arduis et urgentissimis negotiis Nos et statum Regni nostri contingentibus or ad faciendum et consentiendum hiis quae tunc ibidem de Communi Consilio regni nostri Deo propitio contigerit ordinari the usual Clauses in all Writs of Summons of Barons or Knights of Counties to Parliaments and Great Parliamentary Councils Therefore certainly this Writ was no Summons of Knights of Shires to a Parliament or Great Council the rather because there is no clause in it for electing these 4. knights nor yet of any Citizens or Burgesses as is usual in the Writs for electing Knights of Counties and because no Writs of Summons ever prescribed the Summons of Barous and Knights together like this Upon all which considerations I conceive this ad loquendum Nobiscum de negotiis regni nostri for which these 4. Knights were summoned was the very same or the like business for which Matthew Paris relates the King some few Moneths before sent Letters to the Sherifs of every County throughout England to cause Quatuor legales homines the same with those this Writ stiles Quatuor Discretos Milites out of every of their Counties to come to St. Albanes the 8. of August following to inquire of and inform the King what dammages and losses any of the Bishops had sustained by the King and his Officers during the Interdict and their banishments and what was due to every one of them that so he might satisfie them according to his premised Oath as Chart. 16 Iohann Regis m. 9. n. 67. the next year after this compared with Pat. 15 Iohan. Regis nu 3. De Interdicto relaxando c. clearly intimate if not resolve This I am fully perswaded was the true scope nature and intention of this Writ which hath
faciendum quod et tunc ibidem plenius injungemus Et hoc nullo modo omittas Et habeas ibi hoc Breve Teste Rege apud Westm. 9. die Octobr. Eodem modo mandatum est singulis Vicecom Angliae mutatis mutandis T. ut supra In these two Writs there are many things worthy our special observation 1. That the word Parliamentum is not used in them but only Colloquium et Tractatum 2ly That there is no mention in these Writs of any Colloquium or Tractatum cum Praelatis but only cum Comitibus caeteris Magnatibus de regno nostro 3ly That the Sheriffs are required only Duos Milites de Com. praedicto eligi fac c. without any Citizens or Burgesses of the Cities or Boroughs within their respective Counties 4ly That these two Knights were to be thus qualified De discretioribus et ad laborandum potentioribus magis legales and to be de Com. praedicto not of any other County 5ly That they were to be elected De consensu ejusdem Comitatus not without or against their consents 6ly That they were to appear at the day and place prescribed in the Writs Cum plena potestate pro se et tota Communitate Com. praedict ad consulend et consentiend and that only hiis quae Comites Barones Pr◅eres praedicti concorditer ordinaverint in praemissis not what the Knights themselves should ordain or prescribe who could then vote order determin nothing but what the Earls Barons Nobles and the King did first ordain and advise much less ordain or order any thing without and against their wills order and assents as some of late most insolently and unparliamentarily have presumed to doe without the least ground warrant reason president As is further evident by this in the later Writ ad audiendum et faciendum quod et tunc ibidem plenius injungemus 7ly That there is but one days difference between the dates of both these Writs and that they issued in the self-same form mutatis mutandis to all the Sheriffs of England 8ly which is most observable That the King by these Writs enjoyns every Sheriff in each County of England quod praeter duos illos Milites which they were to elect by virtue of the first Writs eligi facias Duos alios Milites legales c. et eos una cum dictis duobus Militibus usque Westm. venire facias c. So that they were to elect no less than 4. Knights by these two Writs for every County with equal power and authority who were all to appear and serve in this Parliament A clear evidence that the King in this age was not confined to any certain Number of Knights nor yet of Citizens or Burgesses in any County but might then summ◅n so many Knights as he thought most expedient and necessary since reduced to a certainty by the subsequent Statutes of 5 R. 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. 23 H. 6. c. 11. 15. 27 H. 8. c. 26. 34 H. 8. c. 13. 35 H. 8. c. 11. 9ly That the King by his Tibi praecipimus firmiter injungentes hoc nullo modo omittatis manifests that the Sheriffs were bound at their peril to obey execute both these Writs without disputing or disobeying them 10ly That though the Writs enjoin the Sheriff only habeas ihi hoc breve yet the Sheriff was to return the names of the Knights elected together with the Writ as the practise and returns in those times resolve The next Writs I have met with for electing Knights Citizens and Burgesses are those in Claus. 23 E. 1. m' 4. dorso Rex Vic. Northt salutem Quia cum Comitibus Baronibus caeteris Proceribus regni nostri super remediis contra pericula quae eidem regno hiis diebus imminent providend Colloquium habere volumus et Tractatum per quod eis mandavimus quod sint ad Nos die Dominica prox post sestum Sancti Martini in yeme prox futur apud Westm. ad tractand ordinand faciend qualiter sit hujusmodi periculis obviand Tibi praecipimus firmiter injungentes quod de Com. praevicto Duos Milites de quolibet Civitate ejusdem Com. Duos Cives de quolibet Burgo Duos Burgenses de discretioribus et ad laborand potentioribus sine dilatione eligi et eos ad Nos ad praedictos diem locum venire fac Ita quod dicti Milites plenam sufficientem potestatem pro se Communitate Com. praedicti dicti Cives et Burgenses pro se et Communitate Civitatum et Burgo◅um praedictorum divisim ab ipsis tunc ibidem habeant ad faciend tunc quod de Communi Consilio ordinabitur in praemissis Ita quod pro defectu hujusmodi potestatis negotium praedictum infectum non remaneat quoquo modo Et babeas ibi nomina Militum Civium Burgenfium hoc breve Teste Rege apud Cantuar. tertio die Octobr. Consimiles literae diriguntur singulis Vicecom per Angliam et de eadem data The next Writs of this kind now extant are those of Claus. 24 E. 1. m. 7. dors little different from the former Rex Vic. Linc. salutem Quia cum Comitibus c. as in the former Writ quod sint ad Nos in crastino Animarum prox futur apud Sanctum Edmundum ad tractand ordinand et faciend qualiter sit periculis obviand hujusmodi et statui ejusdem Regni tutius et utilius consulend Tibi praecipimus quod de Com. praedicto duos Milites et de qualibet Civitate ejusdem Com. duos Cives et de quolibet Burgo duos Burgenses de discretioribus et ad laborand potentioribus sine dilatione eligi et cos ad Nos ad praedictos diem et locū venire facias Ita quod dicti Milites plenam sufficientem potestatem pro se et Communitate Com. praedicti habeant in praemissis Ita quod pro defectu potestatis hujusmodi negotium praedictum non remaneat quoquo modo inane Et habeas ibi nomina Militum Civium et Burgensium et hoc breve T. ut supra Consimiles literae diriguntur singulis Vicecomitibus per Angliam T. ut supra There is nothing remarkable in this Writ but only that it differs somewhat in words but not in substance from the ordinary Writs succeeding it in the Ita quod c. I shall therefore proceed to the next Writs of this kind The next are these notable Writs unobserved by others which I meet with in 25 E. 1. when the great Charter of the Liberties and of the Forest were to be confirmed in respect of a great ayd given to the King against the French thus entred in Claus. 25 E. 1. d. 6. after the Writ de Parliamento tenendo to the Archbishop of Cant.
apeece Nomina Burg de Appleby 2. with two manucaptors The return is torn and unlegible together with the most of the writ The Writs to the Sheriffs of 4 Counties mentioned in the Clause Rolls and their returns are missing in this Bundle and there is no mention at all in the roll of any Writs then issued to the Sheriffs of Cornwall or London nor any such writs to them in the Bundle whatever was the reason of this omission I have for brevity recited only the names of the Knights for these Counties omitting the names of the Citizens Burgesses and Manucaptors for the most part which those who please may peruse in the returns In this Parliament of 28 E. 1. the Great Charter of the liberties of England and the Forest were specially confirmed and not only several writs issued to Sheriffs through all Counties of England for their reading publishing and due observation recorded in the Cl. Roll of 28 E. 1. d. 7 8. but likewise certain Knights or other Freeholders were publikely elected by the Sheriff Coroners and Commonalty of every County throughout England for the punishing of all Trespasses and Offences committed against the same by special Patents issued to them by the King and his Counsil whom they were personally to attend concerning the same as is apparent by these two memorable writs not hither to taken notice of by any to my knowledge and not improper for this Section being grounded on the printed Statute of 28 E. 1. ch 1. Rex Vic. Lincoln et Coronatoribus et Communitati ejusdem Com. salutem Quia propter communem utilitatem Praelatorum Procerum et Magnatum ac populi regni nostri concessimus pro Nobis et haeredibus nostris quod Magna Charta de Libertatibus Angliae et Carta de Foresta in singulis suis Articulis de caetero teneantur et firmiter observentur Vobis mandamus quod tres Milites vel alios tres de probioribus legalioribus et discretioribus liberis hominibus Com. praedicti de assensu ejusdem Com sine dilatione eligi et cos usque Ebor venire faciatis Ita quod sint ibidem in Crastino Ascensionis Domini coram Nobis vel Consilio nostro ad faciend et exequend ea quae tunc eis ibidem injungetur ex parte nostra pro observatione Cartarum predictarum et habeatis ibi nomina praedictorum Militum vel liberor hominum et hoc breve Teste Rege apud Westm. 26. die Martii Consimiles literae diriguntur singulis Vic. Coronatoribus et Communitatibus singulorum Comitat. per Angliam Claus. 28 E. 1. d. 7. Rex Vic. Nortbt salutem Quia Philippus de Geyton unus illorum de Balliva tua quos nuper de speciali praecepto nostro de tuo et Coronatorum ac Communitatis Comitatus praedicti communi assensu eligi et usque Eborum in Crastino Ascenfionis Domini venire fecisti ad facienda et exequenda ea quae eis ibidem injungerentur ex parte nostra pro obserbatione magnae Cartae de Libertatibus Angliae et Cartae similiter de Foresta electus est in Com. Warr. per Nos una cum quibusdam aliis fidelibus nostris de eodem Com. assignatus ad Transgressiones quas contra tenores praedictarum Cartarum ibidem fieri contingat audiend et terminand per quod ad praemissa facienda in Com. tuo prout erat electus nequit intendere quoquo modo Tibi praecipimus quod loco ipfius Philippi de assensu Coronatorum et Communitatis Comitatus tui praedicti eligi facias unum alium de probioribus legalioribus et discretioribus ejusdem Comitatus qui ad hoc in eodem Com. tuo una cum ipsis ad hoc ibidem electis et coram nobis juratis intendat juxta formam potestatis ipsis electis et sibi per Nos tradendae Et cum eum fic eligi feceris Nobis de ipsius nomine constare facias sine mora ut tunc dictis electis et sibi literas nostras Patentes de potestate sua in hac parte fieri faciamus Teste Rege apud Sanctum Edmundum 10 die Ju. In and from the former Writs and their various returns there are sundry things very observable which I shall note before I pass to the next ensuing 1. The occasion of these Writs and last Parliament wit the examination confirmation and establishment of the New Perambulation of the Forests then made and returned to the King by the Commissioners specially appointed thereunto for the Common profit of the people of the Realm upon the Lords and Commons earnest requests in former Parliaments as you may read at large in Thomas Walsingham Hist. Angliae p. 35. 37 38 42 44 48. Ypodigm Neustriae p. 84 85 86 87 88. Mat. Westm. Ann. 1297 1299. My Plea for the Lords p. 98. to 104. Claus. 28 E. 1. d. 13. and Claus. 9 E. 2. d. 6. Schedula 2. The excellent principle of right and justice comprised in them That Perambulations of Forests though made and returned by speciall Commissioners appointed by the King and Parliament ought not to be ratified as binding till the reasons exceptions and complaints of all persons concerned therein were publikely heard and descided before the Lords in Parliament and they publikely summoned by Proclamations in each County to propound their exceptions and reasons against them if they had any Which rule ought to be still observed in all other like publike cases both in and out of Parliaments 3. The special command and limitation of the King in and by these writs commanding all Sheriffes throughout England to summon to this New Parliament at Lincolne no new elected Knights Citizens or Burgesses except only in the places of such who were dead sick or unable to com to it but only those Knights Citizens and Burgesses who were elected and sent to the last Parliament before it by the Kings precept Which was accordingly executed as appears by the Sheriffs returns 4. A Resolution and Declaration of the King himself by special writs out of Parliament without the petition vote or privity of the Commons themselves That if any Knights of Shires Citizens or Burgesses elected and returned to Parliament be sick or unable to serve and discharge their duties the King himself may by general or special writs command other fitting persons to be elected and sent to Parliament in their places as well as when they are actually dead which was accordingly practised this year as the Sheriffs returns attest And since that resolved and practised in the Parliament Anno 38 H. 8. Brooke Parliament 7. and Cromptons Jurisdiction of Courts f. 16. against the erronious opinion of Sir Edward Cooke to the contrary 4 Instit p. 8. And one Knight is discharged because made a Sheriff and another chosen in his place 5. That all Knights Citizens and Burgesses elected and sent to Parliaments ought to have full and sufficient power
and commission for themselves and the several Comminalties of the Counties Cities Boroughs for which they serve to hear do and consent to such things as shall happen to be ordained by common advice and counsel in those Parliaments which ought to be comprised in the returns of their elections 6. That all old and new Knights Citizens and Burgesses elected for this Parliament were enforced to put in Manucaptors to appear at the day prefixed who are expressed in all the Sheriffs returns 7. That these old Knights Citizens and Burgesses summoned to this new Parliament are by a special Clause in the writ of Summons it self ordered to receive their reasonable expences in coming to abiding at and returning from the Parliament from the Commonalties of the Counties Cities and Burroughs for which they served for which they usually had special writs only at the conclusions of Parliaments there being no such clause in any writ of Summons I have seen but thiâ—… alone That no Sheriffs in their returns make any mention what they had done touching the levying of their wages but the Sheriff of Glâ—…cester only Of which more in its proper place 8. That the Sheriffs of those Counties wherein there were Forests had one Clause in their writs to make publike proclamation in their Counties that all such who had lands or tenements within the bounds of any Forest should appear before the King in Parliament to shâ—…w their reasons and exceptions against the perambulation if they had any which was accordingly executed by such Sheriffs which Clause was totally omitted out of the Writs to those Sheriffs within whose Counties there were no Forests 9. That there is no mention of any writs of Summons in this Roll issued to the Warden of the Cinque-ports to summon and elect any Barons of those Ports to come to this nor to the two precedent Parliaments 10. That though there is special mention made in the writs to the Clergie of the Kings Counsil and other Assistants summoned to this Parliament at Lincoln of a Conference and Treaty to be had in this Parliament at Lincoln concerning the right and dominion of the King and his Ancestors Kings of England to and over the Realm of Scotland yet there is no recital of it in these writs to the Sheriffs nor in those to the Spiritual and Temporal Lords There were two special writs more issued to the two Justices of the Forests beyond and on this side Trent to summon all the Foresters under them to this Parliament Of which in its proper Section in due time I find no more Bundles of Writs for elections issued to Sheriffes now extant in the Tower during the reign of Edward the 1. only the transcripts of some of them are in the Clause Rolls ensuing The next writ of this nature is that of Clause 30 E. 1. dorse 9. Rex Vic. Ebor. salutem Quia super diversis arduis negotiis Nos et Statum Regni nostri ac pro commodo securitate ejusdem Regni Parliamentum in prox festo Sancti Michis London duximus statuend Tibi praecipimus firmiter injungentes quod de Com. praedicto duos Milites et de qualibet Civitate duos Cives et de quolibet Burgo duos Burgenses de discretioribus ipsius Comitatus sine dilationeeligi et ad Nos venire faciatis ad diem et lâ—…cum praedictos Ita quod dicti Milites pro Communitate Com. praedicti c. tunc ibidem habeant sufficientem potestatem ad faciend quod tunc de Communi consilio ordinabitur in praemissis Et habeas ibi nomina Militum Civium Burgensium et hoc breve Teste Rege apud Westm. 20 die Julii 28 die August Consimiles Literae diriguntur singulis Vicâ—…omit per Angliam Et ubi est unus Vic. duorum Com. dicitur sic quod de utroque Com. praedictorum duos Milites c. ut supra It is observable First That this Parliament was called as well for the benefit and security of the people of the Realm as for the weighty affairs of the King and kingdom 2ly That de discretioribus is the only qualification required in the Knights Citizens and Burgesses to be elected 3ly That they were to have sufficient power for the Commonalty of the Counties Cities and Burroughs for which they were chosen only ad faciend quod tunc de Communi Consilio ordinabitur in praemissis 4ly That some were Sheriffs of two Counties at once usual in former times and that they had only one writ issued to them to elect two Knights c. in each County c. which they severally returned Claus. 30 E. 1. dors 7. There are other writs issued Uic Ebor. singulis Vicecom per Aâ—…gliam T. Rege apud Lewes 13. die Septembr agreeing in form with the precedent The next is entred Claus. 32 E. 1. dors 2. Rex Vic. Ebor. c. Quia pro quibusdam c. usque tractatum Tibi praecipimus c. quod de Com. praedict duos Milites de c. de discretioribus ad laborand potentioribus sine dilatione eligi c. Ita quod dicti Milites plenam sufficientem potestatem pro se et Communitate Com. praedicti c. divisim ab ipsis tunc ibidem habeant ad faciend quod tunc de Communi Consilio ordinabitur in praemissis Ita quod pro defectu hujusmâ—…di potestatis negotia praedicta non remaneant infacta Et habeas c. Teste ut supra Consimiles literae diriguntur singulis Uic per Angliam Claus. 33 E. 1. dors 10. 20. There are no writs to Sheriffs entred with the rest to the Spiritual and Temporal Lords either of Summons or Prorogation but a space left for their entry with other Writs then omitted Cl. 34 E. 1. d. 2. There is a writ at large entred Vicecom Ebor. agreeing in form with the last recited with like writs singulis Vicecom per Angliam but in Cl. 35 E. 1. d. 13. there are no writs to the Sheriffs entred nor yet to the Spiritual but only to the Temporal Lords Claus. 1 E. 2. dors 19. Claus. 2. E. 2. dors 11. there are writs entred at large Vic. Ebor. and Claus. 4 E. 2. dors 2. Vic. Kanc. with Consimiles literae singulis Vic. per Angliam after every of them agreeing all in form with the precedent writs and their dates recitals are the same with those to the Spiritual Lords forecited Part 1. Sect. 1 2. In the Parliament of 2 E. 2. at Westminster the King requesting an Ayde from the Commons then elected by his writs they granted him the 25 part of their goods upon this Condition that he would answer and redress their grievances which they then presented and reduced to 11. Articles and prayed the King in a modest manner to redress if he pleased who thereupon promised them relief therein and accordingly gave answers to them in his next Parliament at Stanford thus recorded in Claus. 3
which they served And that without the vote order ejection or privity of the Commons in Parliament who had then no power to remove eject imprison suspend their own Members or issue writs for new elections as of late they do Claus. 6 E. 2. d. 31. I meet with this writ of Prorogation but not with the Original writ of Summons issued to the Sheriff Rex Vic. Ebor. salutem Licet nuper Parliamentum nostrum apud Lincoln ut supra Archiepiscopo usque ordinavimus Tibi praecipimus quod de Com. tuo duos Milites de qualibet Civitate duos Cives de quolibet Burgo duos Burgenses de discretioribus ad laborand potentioribus eligi eos ad Nos ad dictos diem et locum venire faceres Ita quod Milites plenam et sufficientem potestatem pro se Communitate Com praedicti et dicti Cives et Burgenses pro se et Communitate Civium et Burgorum praedictorum divisim ab ipsis haberent tunc ibidem ad faciend quod de Communi Consilio nostro ordinari contigerit in praemissis Ita quod pro defectu hujusmodi potestatis negotia praedicta infacta non remaneant Quia tamen versus partes London c. usque tractabuntur Et ideo tibi praecipimus firmiter injungentes quod Milites Cives Burgenses praedictos sine dilatione eligi eos ad Nos usque Westm. ad dictam diem Dominicam post dictum festum Assumptionis venire facias in forma praedicta Et babeas ibi nomina dictorum Militum Civium Burgensium hoc breve Teste ut supra Eodem modo mandatum est singulls Vic. per Angliam Also in Claus. 6. E. 2. m. 27. dorso I finde this special Memorial entred Memorandum quod die Lunae prox ante festum decollationis Sancti Johannis Baptistae Anno Regis Edwardi fil Regis Edwardi sexto Dom. Rex apud Westm. praecepit quod Milites Cives Burgenses qui ad Parliamentum Regis ibidem summonitum converant pro Communitatibus Civibus et Burgis Angliae ad propria remearent Ita quod reverterent ibidem in Crastino Sancti Michaelis prox futur sub paena quae decet T. Rege apud Westm. 28 die Augusti A clear evidence that the Knights Citizens and Burgesses then summoned and sent to the Parliament could neither prorogue nor adjourn themselves nor depart thence without the Kings special license which was entred on record and were liable to a fitting penalty if they returned not upon the day of prorogation prefixed by the King I shall only observe by the way that whereas the King in his answer to the second Article of the Commons Petition in the Parliament of 3 E. 2. suspended the Petit Customs upon Wines Cloth and other Merchandize that the very next year he issued out writs to the Collectors of the Customs and Officers in England and to the Chief Justice Treasurer and Barons of the Exchequer in Ireland De nova Custuma colligenda to collect these new Customs again not withstanding this his Ordinance in the Parliament at Stamford because there was nulla utilitas regno by the ceasing and abating thereof as appears by the writs of 2. 6. Augusti rot Finium An. 4 E. 2. But in Claus. 5 E. 2. m. 23. there came this Countermand by Order from the Prelates Earls and Barons of the Realm appointed by Commission to reform the abuses of the Kings Houshold and Realm against the collecting of them and any other new customs and Maltots Rex Collectoribus novae Custumae lanarum coriorum pellium lanatorum et aliarum rerum venalium in portu London salutem Cum Praelati Comites Barones dicti regni nostri quibus nuper per literas nostras Patentes commissimus potestatem ordinandi de statu Hospitii nostri et Regni praedicti inter caeteras Ordinationes quas super praemissis fecerant et quas acceptavimus et per totum regnum fecimus publicari ordinaverint Quod omnimodo Custumae Maletot levatae post Coronationem Domini E. quondam Regis Angliae patris nostri integrè amoveantur et penitus extinguantur Salvis Custumis lanarum coriorum pellium lanatorum ult vid. de quolibet Sacco lanae dimid marc de 300. pellibus lanat dimid marc de lasto Coriorum unam marcam Vobis mandamus quod de nova Custuma praedicta in Portu praedicto percipiend supersedeatis omnino T. R. apud London 9. Octobr. Per ipsum Regem totum Consilium The like writs then issued to most Port Towns in England If we could see the like president now against all new excessive Imposts and Excises issued to all Collectors and other Officers after so many years continuance of them to the ruine of trade and impoverishing of the Nation only to enslave them to a New Military tyrannical usurping power and keep on their iron yoaks upon their over-galled necks it vvould be a most joyfull spectacle to their eyes and blessed tydings to their ears vvhich they have long in vain expected from late publike Conventions which instead of easing do still renew and continue these heavy yokes and burdens upon them though a thousand times more grievous than those then complained against and redressed In Claus. 5 E. 2. m. 31. 22. I finde a Writ issued by the King Willo de Marescall Mich de Segrave prohibiting that they come not armed to the Parliament seu alio modo quam tempore clarae memoriae E. quondam Regis Angl. Patris nostri fieri consuevit there being a quarrel between them and Dorse 30. 27. 25. 8. m. 30. there are sundry other particulars concerning passages and proceedings in that Parliament worthy perusal though not proper for this Section And so in Cl. 7 E. 2. m. 2. 8. 25. Cl. 8 E. 2. dors 7 8. Claus. 9 E. 2. dors 27. 26. 20. 17. 6. Cl. 7 E. 2. m. 7. dorso the Writ of election entred at large is thus directed to the Sheriff of Hertf. and Essex Rex Vic. Hertf. Essex salutem Cum diversa ardua negotia as in the Writ to the Archbishop Tibi praecipimus firmiter injungentes quod de utroque Com. Comitatuum praedictorum duos Milites et de qualibet Civitate duos Cives de quolibet Burgo duos Burgenses de discretioribus et ad laborandum potentioribus eligi et eos ad Nos ad dictos diem et locum venire facias Ita quod Milites plenam sufficientem potestatem pro se Communitate Com. praedictorum et dicti Cives Burgenses pro se Communitate Civitatum Burgornm praedictorum divisim ab ipsis babeant and faciend consentiend biis quae tunc de Communi Consilto favente Domino ordinari contigerit Ita quod c. Consimiles literae diriguntur singulis Uicecom per Angliam The like writs issued to the
noster terreri seu dicta negotia nostra retardari valeant quovis modo Teste Rege apud Eborum 5 die Marcii Eodem modo mandatum est singulis Vic. per Angliam From which Writ I shall observe 1. That the Writs of Summons to Parliaments may be altered and enlarged with necessary Prologues and clauses according to the times and emergent occasions by the King and his Counsel without consent or Act of Parliament 2ly That the absence of some Prelates Lords and Great men from the Parliament is a just cause to adjourn or dissolve it 3ly That no weighty affairs ought to be concluded but in a full Parliament when all the Lords and Members are present and not in an empty House when any considerable number of Lords and other Members are absent or secluded 4ly That no Lords nor other persons whatsoever though summoned as Members ought to come to Parliaments with a tumultuous multitude of people followers and armed men it being inconsistent with the freedom and privileges of Parliaments a grand disturbance to their proceedings touching the weighty affairs of the King and Kingdom therein propounded and a great terror and oppression to the people in those places where the Parliaments are held Much less then ought Petitioners or those who are no Members to draw up whole Troops Regiments of armed Souldiers to terrifie force seclude secure dissolve the very Lords Members Houses and Parliaments themselves 5ly That the King and his Counsil alone may by publick Writs and Proclamations lawfully prohibit the resort of any persons of what condition soever to Parliaments with any tumultuous multitude or armed men under the pain of forseiting all they have and that by the antient Common-law of England as well as by the Statute of 7 E. 1. Rastal Armer 1. it being a chief branch of the Kings antient royal Prerogative and Office as the Act declares 6ly That they may insert this Prohibition and Proclamation into the very Writs of Summons themselves when there is just occasion as there was never so much cause as now to do it after so many unparallel'd eumults and violences offered to Members and raised against Parliaments themselves by tumultuous wultitudes of rude people and whole Troops Regiments Armies of Sword-men raised for their defence to the total if not final subversion of the antient Rights Liberties and constitution of our English Parliaments In the Parliaments of 5 E. 2. some Noblemen and Earls by reason of dissentions between them and other fears and jealousies intended to resort to those Parliaments with a great number of armed men of their friends and retainers which the King being informed of thereupon issued these memorable writs unto them expressing the manifold mischiefs and inconveniences thence ensuing and prohibiting them to come to these Parliaments with any arms horses of warr or multitudes of people or to disturb the peace affright the people of the Realm or hinder the publike affairs of Parliament in any kinde under pain of forfeiting all their lands tenements and whatever else they might forfeit to him worthy the consideration and imitation of present and future ages upon the like occasions Clause 5 E. 2. dors 31. Rex dilecto et fideli sno Nicho de Segrave falutem Datum est nobis intelligi quod vos occasione quarundam dissensionum inter vos et dilectum fidelem nostrum Willielmum Mareschal nuper subortarum ad arma vos paratis amicos confederatos vesttos se parare similiter procuratis quodque ad Parliamentum nostrum quod apud London die Dominica proxima post festum Sti. Laurentii proximo futur fecimus summoneri accedere intenditis cum multitudine armatorum unde in immensum non immerito commovemur Et quia accessus bujusmodi si fieret in nostri contemptum et expeditionis negotiorum nostrorum impedimentum ac terrorem populi regni nostri et lesionem pacis nostrae cederet manifestè Uobis mandamus in fide et bomagio quibus Nobis tenemini sub forisfactura terrarum ac tenementorum ac omnium aliorum quae Nobis forisfacere poteritis districtè inhibentes ne ad dictum Parliamentum cum armis seu alio modo quam tempore clarae memoriae Domini E. quondam Regis Angl. patris nostri consuevit accedere aut aliqua alia per quae expeditio negotiorum nostrorum in dicto Parliamento retardari aut pax nostra turbari seu populus dicti regni nostri quovis modo terreri valeat facere praesumatis Consimilia mandata et Inhibitionem fecimus praefato Willielmo super negotio antedicto Teste Rege apud Berwic super Twed. 20 die Julii Eodem modo mandatum est praefato Willielmo de Mareschal T. ut supra Cl. 5 E. 2. dors 22. Rex dilecto et fideli suo Gilberto de Clare Comiti Glouc. Hereford salutem Intelleximus quod ad praesens Parliamentum nostrum apud Westm. continuatum estis cum equis et armis more non debito venientes unde admiramur non immerito et turbamur praesertim cum per hujusmodi accessum vestrum ibidem expeditio negotiorum Nos et statum regni nostri tangentium in dicto Parliamento nostro tractandorum impediri et populus partirum illarum ac alibl in regno nostro terreri posset non modicum et pax nostra turbari Vobis igitur mandamus in fide et homagio quibus Nobis tenemini firmiter injungedtes quod ad dictum Parliamentum nostrum ad tractandum Nobiscum et cum Praelatis ac Magnatibus de regno nostro super dictis negotiis veniatis prout tempore clarae memoriae Domini E. quondam Regis Angl. patris nostri fieri consuevit equis pro armis vobiscum ibidem nullatenus adducentes nec aliquid aliud attemptantes per quod pax nostra turbari aut populus noster terreri valeat quovis modo T. apud Westm. 28 die Novemb Per ipsum Regem Eodem modo mandatum subscriptis viz. Thomae Comiti Lancastr Humfr. de Bohun Comiti Heref. Essex Adamaro de Ualenc Com Pembroke Guidoni de Bello-Campo Com Warr. Edmundo Com. Arundell It seems notwithstanding those Writs there were some forces raised by these Earls and Nobles principally against Peter Gaveston which produced these ill effects 1. It terrified most of the Knights Citizens and Burgesses and caused them to depart home and desert the Parliament so as the King was enforced to issue out new Writs to resummon them and to command the Sheriff to elect others in their places in case they would not or could not come as is evident by the Writs in dorse 26 of Cl. 5. E. 2. forecited p. 73. 2ly It frighted away most of the Kings Justices and Counsil from the Parliament so that he was constrained to resummon and command them not to depart from the Parliament during its continuance without his special license as appears by this ensuing memorable Writ Cl. 5 E. 2.
particulars 1. Particular writs to all Sheriffs and the Warden of the Cinqueports after the Parliament ended and dissolved to summon to UUinchester only half the Knights Citizens Burgesses and Barons of the Cinque-ports formerly summoned to the Parliament at London to appear before the King and his Counsel with their particular names in the writs and a special clause to summon their companions in case any of them since dyed and that to avoid the great expence and trouble of summoning all the rest 2ly The reasons why they are thus summoned not to make Laws nor grant new subsidies nor alter any thing formerly agreed upon and passed by common consent in Parliament for that had been very illegal dangerous unparliamentary but only to inform the King and his Counsel how a subsidy of fifty thousand pounds granted to the K. by that Parliament in an intire sum and then to be raysed by a proportionale rate layd by them upon every parish throughout the Realm might be speedily and fully raised according to their intentions by this way of levy when as the King and his Counsel upon consideration found that the intire sum could not be raysed in this way according to their intentions but would fall far short of their computation there being not so many Parishes in England as they conceived 3ly That the Commons and whole Parliament may sometimes mistake and erre in their computations and proceedings 4ly That no Subsidies or Aydes can be granted or levyed for the necessary defence of the Realm by Sea or land nor the way and manner of raysing them altered but in and by common consent in a full Parliamenâ—… 5ly That in doubtfull grants of Subsidies and Acts of this nature mentioned in this Writ the best and speedyest way to resolve the doubts and know the true intention of them is to confer with those Members who first granted and passed them 6ly We have here the particular names of all the antient Cities and Boroughs in each County and of the Cinque-ports which in that Age sent Citizens Burgesses and Barons to the Parliament being one of the fullest Records for this purpose I have seen and more exact than any Rolls or Writs for levying their expences 7ly Here are the names of half the Knights Citizens Burgesses and Barons of the Ports summoned to this Parliament who had writs for their expences granted them in repairing to VVinchester by vertue of thiâ—… Writ as Dorse 22. of this Roll imports of which more in its proper place 8ly The Sheriffs are required to enquire and certifie the number of all the Parish Churches Chappels Prebends in their respective Counties The writs to Sheriffs in Claus. 46 E. 3. dorse 11. are only in the usual form Quod de Com. tuo duos Milites de discretioribus probioribus Militibus Civibus Burgensibus c. ad laborand potentioribus eligi c. ad faciend consentiend hiis quae tunc de communi Consilio Regni nostri ordinari contigerit c. Ita quod c. seu propter improvidam electionem Militum c. as in former writs In this Parliament upon complaint made of Sheriffs and other unfitting persons elected Knights of Shires this insuing Ordinance was made to rectifie these abuses to disable the election of such for the future Rot. parl an 46 E. 3. n. 13. Auxi un Ordenance fait en mesme la Parlement fuit luez en manere come ensuet Pur ceo que Gentz de Ley que pursuont diverses busoignes en les Courts le Roy pur singuleres persones oue queux ils sont procurent font mettre pleuseurs Petitions en Parlementz en nom des comunes que riens lour touche mes solement les singulers persones ou queuz ils sont de moiez Auxi Viscontz que sont Comunes Ministres au people et dovient demurrer sur lour Office pur droit faire a checune sont nomez et ont devant ces heures retornez en Parlementz Chivalers des Countees per mesmes les Viscontz Est accorde assenta en cest Parlement que desormes Nul home de ley pursuont busoigues en la Courte le Roy ne Uiscount pur le temps que il est Uiscount soient retournem ne acceptem Chibalers des Countees ne que ces qui sont Gentm de ley Uiscountz ore retournez au Parlement eient gagem Num. 14. Mes voyet lo Roy que Chivalers Sersaunts des meulz Valeurs du paiis soiz retornez desore Chivalers en Parlementz quils sount estuz en plein Counte By vertue of this Ordinance all Sheriffs of Counties have alwaies by special clauses inserted into writs of Elections ever since been disabled to be chosen Knights of the Shire or Burgesses and sometimes Apprentices and men of Law whiles they pleaded and practised for the reasons expressed in this Ordinance The very next writs of Summons to Parliament claus 47 E. 3. m. 13. dors were thus altered some new clauses put into them in pursuance of this Ordinance Rex Vic. Kanc. salutem Quia de avisamento Confilii nostri c. Tibi praecipimus firmiter injungentes quod de Com. tuo duos milites gladiis cinctos seu Armigeros de dicto Com digniores et probiores et in actibus armorum magis expertos et discreâ—… et non alterins conditionis de qualibet Civitate Com. illius duos Cives de quolibet Burgo duos Burgenses qui in navigio et exercitio mercandisarum notitiam habeant meliorem eligi et eos ad dictos diem locum venire facias Ita quod iidem Milites plenam sufficientem potestatem pro se c. as in ordinary Writs ab ipfis habeant ad faciend consentiend eis quae tunc de communi Confilio Regni nostri favente Domino contingant ordinari super negotiis antedictis Ita quod pro defectu hujusmodi potestatis seu propter improvidam electionem Militum Civium aut Burgensium praedictorum dicta negotia nostra infecta non remaneant quovis modo Nolumus autem quod tu seu aliquis alius Uicecomes regni praedicti aut aliquis alterius conditionis quam superius specificatur aliqualiter sit electus Et habeas ibi nomina praedictorum Militum Civium Burgensium et hoc breve Teste ut supra Consimilia brevia diriguntur singulis Vicecomitibus per Angliam In the writ to the Warden of the Cinqueports this new clause of qualification is inserted Et de quolibet Portu Portuum praedictorum duos Barones de melioribus in navigio et exercitio mercandizarum discretioribus eligi without any other alteration It is observable that these Writs issuing in times of war both by Land and Sea with France as is evident by Rot. parl 47 E. 3. num 2 3 4. thereupon these new qualifications of Knights Citizens Burgesses and Barons of the Cinqueports were inserted into these
sequentibus habuerunt diligentem Tractatum Rex Magnates quomodo conterrerent Wallensium tam intollerabilem cum irruptionibus suis crebris insolentiam Submonetur igitur generaliter tota Angliae militia ut omnes qui tenentur ad servitia militaria Domâ—…no Regi sint prompti parati sequi Regem profecturum in Walliam cum equis armis die Lunae ante nativitatem B. Johannis Baptistae apud Cestriam c. Eodemque tempore cum instanter constanter respondissent Magnates Regni communiter Regi qui cum magna instantia in memorato Parliamento urgenter pecuniam insinitam sibi dari postulasset pro negotio Apuliae expediendo aliis arduis promovendis quod nullo modo potuerunt sine eorum irrestaurabili subversione toties inaniter substantiolas suas usque ad exinanitionem effundere c. Cum constanter praecisè respondissent quasi uno ore Magnates Regni in Parliamento Regi cum urgenter ab eis postulasset auxilium pecuniare quòd nec voluerunt nec potuerunt amplius sustinere tales extortiones Rex iratus ad alia se conuertit aslutiae argumenta c. Duravit adhuc praelibati Parliamenti altercatio inter Regem Regni Magnates usque diem Dominicam proximam post ascensionem multiplicabantur contra Regem variae diatim querimoniae c. Et quia nesciebant adhuc Magnates quomodo suum Prothea tenere voluissent quia arduum fuerat negotium difficile dilatum est Parliamentum usque ad festum sancti Barnabae apud Oxoniam diligen ter celebrandum Interim Optimates Angliae fibi praecaventes providentes consoederati sunt c. Instante vero festo sancti Barnabae Apostoli Magnates et Nobiles terrae ad Parliamentum quod Oxoniae tenendum suit properabant praeceperuntque omnibus qui eisdem servitium militare debuerant quatenus cum ipsis venirent parati veluti ad corpora sua contra hostiles insoltus defensuri c. Parliamento autem incipiente solidabatur Magnatum propositum Confilium Immutabile c. In all the debates and transactions of this Parliament recited at large in our Historians there is no mention of any Knights Citizens Burgesses Commons but only of Comites Magnates Barones Nobiles who acted and spake all who are stiled Universitas Regni and the Statutes and Ordinances they made at Oxford Statuta Baronum to which the Londiners and others assented Cirea festum sancti Leonardi tale iniit Consilium Universitas Baronagii quod tunc Londinierat Anno 1259. 42 H. 3 Fuit Rex ad Natale domini Londini ubi magna sollicitudine tractatum est inter Nobiles Regni quomodo conservato suo salubri proposito satisfacerent defiderio Regis Richardi de Alemannia c. Proposuerunt igitur Magnates accipere juramentum ab ipso Rege Aleman antequam applicuisset ne Regno Angliae quomodolibet noceret vel provisionem communem impediret Comes autem Legriae Simon non sine multoram admiratione in partibus adhuc transmarinis morabatur Unde in magna parte suit Consilium Baronagii mutilatum c. In crastino autem intraverunt Magnates Angliae capitulum Cantuariense where King Richard took a solemne Oath before them which they prescribed and administred to him In octavis purificationis congregati sunt Nobiles Angliae Londini prous inter se prius condixerant c. over against which is printed in the Margin Parliamentum Londini habitum After which the Historian informs us William de Hortuna was sent into Scotland Negotia enim ardua sed secreta Regi Reginae as Scotioe Magnatibus sibi injuncta fuerunt ex parte Regis Reginae Magnatium Angliae Quicum illoâ—… veniret Regem Scotiae Reginam Regni Magnates ibi ad parliameutum in vâ—…nit prout desideravit congregatos c. By which it is evident That in this Age the King Queen and Nobles of England and Scotland constituted and made up the Parliaments of both kingdoms without any elected Knights of Shires Citizens or Burgesses introduced in succeeding times The same year circa Kalend. Apr. ex praecepto et consilio Domini Regis Angliae et totius Baronagii arripuerunt iter transmarinum ad Parliamentum magnum Regis Francorum tenendum in Francia pro pluribus arduis negotiis Regna Franciae Angliae de resignatione Normanniae et literas credentiae c. Magnates vero Angliae statutis quae inceperant salubriter intendebant ad malas consuetudines injurias et corruptelas amodo delendas omnino assidui et confederati Anno 1265. 49 H. 3. after the battel of Evesham wherein the Barons were slaine and routed on the Nativity of our Ladie Septemb. 8. Rex potestati Regiae restitutus de consilio filii victoris Wintoniam Parliamentum convocavit ubi consilio inito Civitatem Londinensem ob suam rebellionem privavit suis privilegiis libertatibus antiquis Capitaneos etiam factionis contra Regem juxta voluntatem ejus plectendos jubet carceri mancipari Rex et Regni Proceres writes Matthew Westminster apud Winton ordinarunt quod ditiores civitatis Londinensis in carcerem truderentur quod Cives antiquis libertatibus privarentur et quod stipites et cathenae quibus Civitas fuerat roborata de medio tollerentur pro eo quod Simoni de Monteforti Comiti Leicestriae in regis contemptum et etiam damnum regni fortiter adhaeserunt quo totum factumest By all these Historical passages in Matthew Paris Rishanger his Continuer and Mat. Westminster it is most apparent beyond contradiction that as there were many writs of summons under K. Henry 3. to Parliamentarie Councils issued to the Spiritual and Temporal Lords before 49 H. 3. not extant in the Clause Rolls or other Records so there were no Knights of Shires Citizens Burgesses or Commons elected or summoned by writ or Charter to these Great Councils or Parliaments during all the reign of King Henry the 〈◊〉 until the Parliament held at London in Octabis Sancti Hillarii the 49. year of his reign when they were first elected summoned by writ for ought appears by Historie or Record there being none but the Archbishops Bishops Abbots Priors Earls Nobles Barons Spiritual and Temporal Lords of the Realm summoned to consulting acting debating ordering enacting Lawes or Ordinances or granting refusing aydes subsidies or expostulating with the King or Pope in any of them as all these transcribed passages evidence with the Records of Claus. 18 H. 3. m. 10. Vic. Lincoln Claus. 19 H. 3 m. 20. cited in my Epistle before the first part of this Brief Register Kalendar and Survey and those of 48 H. 3. here cited p. 4. to 10. To which I shall superadde for further confirmation of this truth Claus. 18 H. 3 m. 27. Rex Majori et Civibus suis Dublin c. where the King reciting the death of the Earl Marshal slain in
Ireland subjoyns Nos vero ea occasione convocavimus Archiepiscopos Episcopos Comites Barones et omnes Magnates nostros Angliae quod sint ad Nos apud London die Dominica prox post instanteâ—… mediam Quadragesimam ad tractandum Nobiscum ibidem super hiis aliis Statum nostrum terrae nostrae Angliae Hiberniae tangentibus Nos Domino concedente de Consilio praedictorum ibidem providebimus secundum quod Nobis et indempnitati tâ—…rrae nostrae Angliae Hiberniae viderimus expedire Quod verò ad diem illum actum fuerit et provisum vobis sine mora dispendio et significari curabimâ—… T. Rege apud Westm. 27 die Martii Plac. 18 H. 3. rot 15. dorso Claus. 19 H. 3. dorso 1. dorso 9. Fitzberbert Darrein presentment 23. Provisum est coram Domino Rege Archtepiscopis Episcopis Comitibus Baronibus Consilio Domini Regis quod nulla Assisa ultimae praesentationis de caetero capiatur de Ecclesiiis praebendatis nec de Praebendis c. Pat. 20 H. 3. d. 13. 18. Rex Vic. Norff. Suff. Scias quod die Merc. in crastino Sancti Vinc. in Curia nostra coram Nobis et coram venerabili Patre E. Cantuar. Archiepiscopo Coepiscopis sulâ—… et coram majori parte Comitum et Baronum nostrorum Angliae pro communi utilitate totius regni nostri provisum suit tam à praedictis Archiepiscopis Episcopis Comitibus Baronibus quà m à Nobis conâ—…ssum quod de caetero Omnes viduae c. râ—…citing the Statute of Merton made that year according to the Printed Latin Prologue thereof Claus. 37 H. 3. dorso 9. De Magna Carta tenenda ad inâ—…antiam Pâ—…latorum Magnatum regm nostri c. And Claus. 43 H. 3. dors 9. where the Pope by his Letters earnestly pressing King Henry the 3d to restore his brother Adomar to his Bishoprick of Winchester being enforced to relinquish it and England too by the Barons prosecution the King in his Letter to the Pope there recorded alleged that though he was readie to graâ—…fie his Holiness in any thing he might yet he could not consent to Adomars restitution Adding Your Nuntio who brought this Letter Preces et praecepta vestra coram Nobis Praelatis regni nostri qui tunc Nobiscum aderant ac alia Universitate Comitum Baronum ac Procerume regni nostri plenè et diligenter exposuit et diebus pluribus nitebamur Nos Consilium nostrum et Universitatem praedictam to give their assents for Adomars restitution Tamen mandatis hujusmodi quod non solum personam nostram verum etiam Universitatem regni nostri contingit non possumus absque gravi dispendio et subversione jurium et consuetudinum Regni ejusdem et contra juramentum proprium adimplere Et quanquam hoc facere vellemus praedicta Universitas in hac parte quae unius confilii et voluntatis existit propter graves et notabiles excessus praedicto fratri nostro objectas id nullatenus sustineret c. Which passages with others in this memorable Letter of the Kings compared with that Letter sent about the same time by the Lords against Adomars restitution to the Pope ex parte Regni et totius Angliae Universitata scriptum a Barnagio mentioned by Matthew Paris Anno 1258. and printed in his Additamenta p. 215 216 217. beginning thus Sanctissimo patri in Christo Alexandro c. Communitas Comitum Procerum Magnatum aliorumque Regni Angliâ—… c. reâ—…iting that the King by the Popes power and assistance could not without their counsel and assent much lesse against their wills effect what he desired nor reform his Kingdom but de Procerum Magnatum suorum Consilio Caeterum praefatus Dominus Rex attendens impossibile pondus negotii memorati et Statum Regni sui imbecillum voluit et expressè concessit ut de Procerum Magnatum Consilio sinè quibus Regnum suum gubernare non poterat nec negotium prosequi memoratum dicta reformatio promoveret which Adomar breaking his Oath and receding from his promises opposed to the great disturbance and almost total subversion of the whole Realm c. His unbrideled rapines tyrannies and oppâ—…ssions which they there expresâ—… at large being such and rendring him so odious that Scituri pro certo quod etiamsi Dominus Rex Regni Majores assembled in a Parliamentary Councill hoc vellent Communitas tamen out of Parliament ipsius ingressum in Angliam jam nullatenus sustineret Which Letter was subscribed and sealed by 6. Earls and 4. Noblemen vice totius Communitatis Barnagit in testimonium praedictorum Being likewise compared with the Popes Answer thereunto Literae Papales missae Communitati Angliae Alexander Episcopuâ—… c. Dilectis filiis Nobilibus Uiris Consiliariis charissimi in Christo filii nostri illustris Regis Angliae ac caeteris Proceribus et Magnatibus Regni Angiiae salutem et Apostolicam benedictionem c. will infallibly evidence First that the King Prelats Earls Spiritual Temporal Barons and Nobles of the Realm were our only Parliament Members without any Knights Citizens or Burgesses annexed to or prâ—…t with them before 49 H. 3. 2ly That they were then usually stiled the Communitas or Universitas Regni or Barnagii Baronagii or Communitas Comitum Procerum et Magnatum regni Anggliae and only intended denoted by these Titles and phrases not the Knights Citizens Burgesses or Commons in Parl. as e Sir Rob Cotton and others of Note as well as some injudicious Antiquaries have mistaken which having elsewhere at large evinced beyond all contradiction I shall not here further insist upon but proceed to some other general Observations on the precedent Writs 2ly From the manifold Varieties and differences of these recited writs both of Election and Prorogation before and since the Statutes of Henry 4. 5 6. touching elections the Readers may discern the Gross oversight and mistake of Sir Edward Cook in his 4. Institutes p. 10. That these Writs of Summons and Election can receive no alteration but by Act of Parliament Which having elsewhere touched and at large refuted Register Part 1. p. 395. 396 397. I shall prosecute no further 3ly I shall observe from the precedent Writs that no persons ought of right to be elected Knights of any County nor Citizens Burgesses or Barons of any City Borough or Port wherein they are elected but such as are real actual Members of the said respective Counties Cities Boroughs Ports residing or inhabiting within them as this Clause in all the recited Writs De Comitatu tuo duos Milites et de qualibet Civitate duos Milites et de quolibet Burgo duos Burgenses de quolibet Portu duos Barones c. de discretioribus ad laborandum potentioribus eligi c. clearly import and the Statutes of 7 H. 4. c. 15. 1
H. 5. c. 1. 10 H. 6. c. 2. 23 H. 6. c. 15. being declaratory only in this point most punctually enact in precise terms And if any other persons who are no Inhabitants or Residents within or proper Members of such Counties Cities Boroughs Ports be elected or returned they may lawfully refuse to sit or serve as the Writs and these Statutes clearly evidence without the least contempt or penalty the peoples election of such contrary to the Writs and these Statutes being void in Law and unable to contradict or reverse the Writ Acts to the contrary if insisted on 4ly These usual clausâ—…s in most Writs de discretioribus et ad laborandum potentioribus seclude and exempt all infants under age Ideots Lunaticks insiâ—…m aged sickly persons unable to travell sit counsell advise and discharge their trusts from being elected Knights Citizens Burgesses or Barons of Ports and if any such be elected returned by the oversight imprudence improvidence of the electors they may and ought to be discharged by the King and Lords anâ—… others by new Writs issued elected returned in their places who are able to advise travel and discharge their duties as the writs and statutes enjoyn them Impotency sickness and inability in Members elected being as just a ground to discharge any Knight Citizen Burgess or Baron of the Ports from serving in Parliaments as to discharge the Speaker of the Commons House as is evident by the forecited Writs presidents and returns of Sheriffs in 2â—… E. 1. by the resolution of the Parliament it self in 38. H. 8. Brookâ—… Parliament 7. against Sir Edward Cooks groundless fancie to the contrary Institutes 4. p. 8. there being the self-same reason and Law too in both cases 5. That the election of anâ—… Sheriff of a Countie whiles he continues in his 〈◊〉 for a â—…night Citizen Burgesse in his own or any other County is void and illegal being against the express provision of the Ordinance of Parliament 46 E. 3. the very inhibition and words of the writs for election some presidents before that Ordinance and the * resolution of the Lords and Judges in Starchamber 5. Caroli in the case of Mr. Walter Long elected and returned a Citizen for the City of Bath in Somersetshire An. 3 Car. whiles he was Sheriff of the County of Wilts who thereupon comming forth of the County against his Oath and trust and sitting as a Member in the House during his Shrievaltie was sentenced in the Starchamber to be committed Prisoner to the Tower during â—…is Majesties pleasure to pay a Fine of 2000 marks to the King and further to make â—…is humble submission and acknowledgement of â—…is Offence both in the Court of Starchamber and to his Majesty before his enlargement â—…nce Which was accordingly executed Yet notwithstanding I sinde in the very Statute of 34 35 H. 8. ch 24. for assurance of certain Lands to John Hind Serjeant at Law and his heirs paying x l. yearly to the charges and wages of the Knights of the Parliament of Cambridgshire for the time being for ever that Edward North Knight Sheriff of the said Shire was one of the two Knights for the said Shire that very Parliament wherein this Act was passed and he and Thomas Rudsâ—…ne Esq his Companion and their Successors Knights of the said County incorporated and made one body politick together with the Sheriff of the said County for the time being by the name of Wardens of the Fees and Wages of the Knights of the Shire of Cambridge chosen for the Parl. and to have perpetual succession to implead sue for and receive the said x l. annnual rent and that he received his share therein when both Sheriff and Knight of the Shire to his own use for his fees wages that Parliament til a new election of knights of that County for the Parl. next ensuing it And Sir Edward Cooke informs us that at the Parliament holden 1 Car. Rs. the Sheriff for the County of Buckingham being then himself was chosen Knight for the County of Norfolk and reterned into the Chancery and â—…aving a Subpaena out of the Chancery served upon him at the sute of the Lady C. pendente Parliamento upon motion he had the privilege of Parl. allowed unto him by the judgement of the whole House of Com mons though I finde not that he then sate in the house during his Shrievalty 6. That amongst the writs of Summons to Parliament in Cl. 23 E. 1. dors 9. 25 E. 1. d 6. 30 E. 1. d. 12 35 E. 1 d 13. 1 E. 2. d. 8. 11. 3 E. 2. d. 17. 11 E. 3. pars 1. d. 15. 32 E 3. dors 14. There are no writs for electing Knights Citizens or Burgesses entred with the rest most likely by the negligence of the Clerks there being vacant space in some of them left for their entries And the Original Writs themselves being all or most of them retorned into the Chancery and there reserved in distinct Bundles by themselves with the Sherifs returns upon them now for the most part lost mislayed perished or imbezelled made them perchance more careless to enter them than the Writs to the Spiritual and Temporal Lords issued personally to themselves alone and not returnable by them or the Sheriffs as the writs for elections usually were which Writs as the Statutes of 5 R. 2. ch 4. 23 H. 6. c. 15. inform us Sometimes the Sheriffs have not returned but the said Writs have embesyled and moreover made no precepts to Mayors and Bailiffs for the election of Citizens and Buâ—…gesses to come to the Parliament by colour of these words conteined in the said Writs Quod in pleno Comimitatu tuo eligi facias pro Comitatu tuo duos Milites pro qualibet Civitate in Com. tuo duos Cives pro quolibet Burgo in Com. tuo duos Burgenses The reason why some of these writs are missing in some extant Bundles and some Cities and Boroughs in those returned now and then omitted in the Sheriffs returns indorsed on or annexed to them as the subsequent Table will visibly demonstrate 7ly That before the Statutes of 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. 23 H. 6. c. 15. 9 H. 8. c. 16. 27 H. 8. c. 26. 34 H. 8. c. 13. 35 H. 8. c. 11. the Kings of England had a very large and absolute power in limiting prescribing in and by their Writs to Sheriffs Mayors Bay liffs and others both the respective numbers and likewise the qualifications of the Knights Citizens Burgesses and Barons of the Ports elected and returned to serve in the several Parliaments and Great Councils summoned by them sometimes commanding 4. most times only 2. Knights sometimes but one Knight to be elected in each County for the whole County sometimes prescribing the self-same Knights Citizens and Burgesses that were elected returned for
Bath City 2 Citizens 26 28 E. 1. 42 45 E. whose return is likewise extant in the bundles of 3 10 11 13 16 R. 2. 1 7 8 9 H. 5. 1 2 3 H. 6. 12 E. 4. Bridgewater Borough 2 Burgesses 26 21 E. 1. 42 45 E. 3. Ivâ—…ster 2 Burgesses 26 E. 1. Milburne port 2 Burgesses 26 28 E. 1. Taunton 2 Burgesses 26 28 E. 1. 42 45 E. 3. VVells 2 Burgesses 26 E. 1. 45 E. 3. Cives VVinchester City 2 Citizens 26 28 E. 1. 42 45 E. 3. Alesford 2 Burgesses 28 E. 1. Basingstoke 2 Burgesses 28 E. 1. Odeham 2 Burgesses 28 E. 1. Ouertone 2 Burgesses 28 E. 1. Portesmouth 2 Burgesses 26 28 E. 1. 45 E. 3. Southampton 2 Burgesses 26 28 E. 1. 45 E. 3. Dâ—…nwich 2 Burgesses 26 28 E. 1. 42 45 E. 3. Gyppeswich 2 Burgesses 26 28 E. 1. 42 45 E. 3. Oreford 2 Burgesses 26 E. 1. Newcastle under Lyne 2 Burgesses 45 E. 3. Stafford 2 Burgesses 26 28 E. 1. 42 45 E. 3. Blechingleigh Borough 2 Burgesses 26 28 E. 1. 42 45 E. 3. Gildeford 2 Burgesses 26 28 E. 1. 42 45 E. 3. Ryegate 2 Burgesses 26 28 E. 1. 42 45 E. 3. Southwerke 2 Burgesses 26 28 E. 1. 42 45 E 3. Chichester City 2 Citizens 26 E. 1. 42 45 E. 3. Arundel Borough 2 Burgesses 42 45 E. 3. Brembre 2 Burgesses 42 E. 3. East Greenstead 2 Burgesses 42 45 E. 3. Horsham 2 Burgesses 42 45 E. 3. Lewes 2 Burgesses 26 E. 1. 42 45 E 3. Midhurst 2 Burgesses 45 E. 3. Seaford 2 Burgesses 26 E. 1. 45 E. 3. Shâ—…rham 2 Burgesses 26 E. 1. 42 45 E. 3. Steining 2 Burgesses 26 E. 1. 42 E. 3. Coventre City 2 Citizens 26 28 E 1. Warwick Borough 2 Burgesses 26 28 E. 1. 42 45 E. 3. Apelby 2 Burgesses 26 28 E. 1. 42 42 E. 3. New Sarum City 2 Citizens 26 28 E. 1. Bedwine Borough 2 Burgesses 42 E. 3. Calne 2 Burgesses 26 28 E. 1. Chipenham 2 Burgesses 26 28 E. 1. Devises 2 Burgesses 28 E. 1. 42 E. 3. Dounton 2 Burgesies 26 28 E 1. Ludgersale 2 Burgesses 28 E. 1. Merleburge 2 Burgesses 26 28 E. 1. 42 E. 3. Malmeâ—…bury 2 Burgesses 26 28 E. 1. 42 45 E. 3. Old Sarum 2 Burgesses 42 E. 3. Wilton 2 Burgesses 28 E. 1. 42 E. 3. Worcester City 2 Citizens 26 28 E. 1. 42 45 E. 3. Wych 2 Burgesses 26 28 E. 1. Yorke City 2 Citizens 49 H. 3. 26 28 E. 1. 42 43 E. 3. Aluerton 2 Burgesses 26 E. 1. Beverlayco 2 Burgesses 26 E. 1. Kingston upon Hull 2 Burgesses 42 45. E. 3. Maldon 2 Burgesses 26 E. 1. Pontefract 2 Burgesses 26 E. 1. Scardeburgh 2 Burgesses 28 E. 1. 42 45 E. 3. I shall observe from these Writs and the forementioned Retorns and Table 1. That the Sheriff of Buckingbamshire in Anno 26 E. 1. retorns Nulli sunt Cives nec Burgenses in Com. praedicto nec Burgus c. yet in 28 E. 1. but two years after the Sheriff thereof retorns 2. Burgesses a plece with 2. Manucaptors for e-every of them for Amersham Wycombe Wendover e'ected for a former Parliament that year Therefore it is probable the King first created them Boroughs that very year The like observation you may make upon the Boroughs of all other Counties where you meet with any Retorns in 26 28 Edw. 1. 42 Edw. 3. or since reciting Nulla est Civitas vel Burgus or Non est alia Civitas vel Burgus or Non sunt alii Burgi in Com. or Balliva mea then those he then retorned as such there you may certainly resolve that every City or Borough omitted then out of those antient Retorns and since retorned for Cities or Boroughs in subsequent Retorns were made Cities and Boroughs since that time and where you find any City or Borough first mentioned in the Sheriffs Retorns yet extant which are but 22. Bundles in all before the end of Edward 4. his Reign or in the Writs in the Clause Rolls issued to them De expensis Civium Burgensâ—…um venientibus ad Parliamentum which are more by far than the Bundles as I shall hereafter God willing evidence in a peculiar Section you may probably if not certainly conclude That it was first created a City or Borough and enabled to send Citizens or Burgesses to Parliament near that year wherein you first find such mention of it in both or either of these Records and not before as the precedent and ensuing Table will more fully inform you 2ly You may clearly discern by this Table and the subsequent Retorns of Writs Anno 3 11 12 13. 16 R. 2. 1 3 8 9 H. 5. 1 2 3 6 11 13 20 H. 6. 7 E 12 4. that some Cities and Boroughs which send Citizens and Burgesses to Parliament were oft times omitted out of the Sheriffs Retorns in antient times and yet imprinted into subsequent retorns interpolatis vicibns Now whether this was done by special direction from the King or his Council on whose Arbitrary pleasure they depended before they had special Charters granted enabling them to send Citizens and Burgesses to all Parliaments to be afterwards held by the King his Heirs and Successors Kings of England or by the carelessnesse of the Sheriffs in not issuing out Warrants to or not retorning them which is most probable as the Stat. of 5 R. 2. Parl. 2. c. 4. 22 H. 6. c. 15 inform us and therupon enacted That if any Sheriff of the Realm be from thence forth negligent in making his Retorns of Writs of Parliament or that he leave out of the said Retorns any Cities or Boroughs which be bound of old times were wont to come to the Parliament he shall be punished in manner as was accustomed to be done in the said case in the said time past And that every Sheriff after delivering of the Writ for elections to him shall without fraud make and deliver a sufficient Precept to the Maiors and Bayliffs of the Cities and Boroughs within his Countie for electing Citizens and Burgesses under the penalties therein mentioned Or whether they were thus omitted through their own default in not demanding Warrants from the Sheriffâ—… or not electing and retorning Burgesses upon their Warrants issued to which many times the Sheriffs retorned nullum mihi dederunt responsum c. I cannot certainly determine 3ly That some antient Boroughs once or twice retorned heretofore in former times as Lydeford in Devonshire and others have afterwards been totally omitted and discontinned either by the Kings mere pleasure or upon their own Petitions to the King they being either unable or unwilling to bear the expences of their Burgesses in coming to continuing at and returning from the Parliament which were constantly levyed heretofore by writs de expensis