consilio Magnatum Nobiscum existentium provisum est quod Baroniae terrae tenementa eorum qui de Nobis tenent in capite qui Nobis serviciuÌ„ suum Nobis debitum juxta mandatum nostrum facere noluerunt capiantur in manum nostram donec tam de dicto servicio quam de hujusmodi Transgressione nobis satisfecerint Vobis mandamus sirmiter injungentes quod Baronias Ven. Patris S Winton Episcopi Abbatis de Abindon qui servicium suum Nobis debitum ad mandatum nostrum facere noluerunt capias in manum nostram catalla sua cum bonis catallis in ipsis inventis sine distractione seu dilapidatione aliqua inde facienda salvo custodiri facias Ita quod de bonis catallis ipsis vel â—…e precio eorundem de exitibus Baroniarum praedictarum Nobis sufficienter respondeas donec aliud inde praeceperimus T. Rege apud Oxon. 3 die Aprilis Eodem modo mandatum est Ade de Grennuill Vic. Norht quod capiat in manum Rs. Baronias Episcopi Elien Abbatis de Ramisey Eodem modo mand est Vic. Notingh Derb. quod capiat in manum Rs. Baronias Archepiscop Ebor. Episcopi Linc. Which Writs were accordingly executed by some of these Sheriffs even beyond the Kings instructions as is evident by this Writ to the Sheriff of Yorkshire upon the Archbishop of Yorks complaint Cl. 48. H. 3. m. 6. dorso Rex Roberto de Nevil Vic. Ebor. salutem Cum Baronias quorundum Praelatorum regni nostri nuper ceperimus in manum nostram eo quod servicia sua nobis debita nobis minimè fecerunt ad mandatum nostrum ac vobis mandaverimus quod Baroniam Ven. Patris G. Ebor. Archiepiscopi caperetis in manum nostram pro eo quod servicium suum Nobis tempore competenti non exhibuit quod eam salvo absque destructione aliqua bonorum ejusdem Baroniae custodiri faceretis vos ut accepimus bonorum illorum dissipationem non modicam fieri permittitis ad gravissimum dampnum Archiepiscopi sic praedicti super quo nec immerito movemur Verum quia demandam nostram servicii dicti Archiepiscopi jam in suspenso posuimus ad tempus vobis mandamus quatenus Baroniam suam cum omnibus inde perceptis à tempore captionis ejusdem in manum nostram sine dilatione restituatis eidem Quià etiam datum est Nobis intelligi quod Milites servientes Archiepiscopi praedicti versus Nos nuper venientes cum equis armativis ad faciend Nobis servicium praedictum per viam arestavistis quosdam ex eis adhuc in carcere detenetis à quibusdam eorum graves redemptiones cepistis quod grave gerimus indignemus Vobis firmiter injungimus quatinus dictos incarceratos sine mora deliberetis tam eis quam aliis à quibus redemptiones cepistis omnia per vos aut vestros sibi ablata plenarie restitui faciatis Ne super hoc oporteat Nos gravius sollicitari propter quod ad vos graviter capere debeamus T. Rege apud Sutton 26 die Maii. I answer 1. That these were Writs of Summons not to a Parliament but Camp cum equis armis c. as the Writs recite 2. That the Counsil mentioned in it was onely Military not Parliamentary as the aid and assistance with Horses Arms and military services coupled with it resolve and the recital in the Writs ac etiam propter guerram in eodem regno jam subortam c. 3. It is most apparent by the ensuing Clause Propter quod de Baronum consilio Magnatum Nobiscum existentium provisum est c. that the Baronies of these Bishops and others who refused to do their services should be seised into the Kings hands That the Barons and great men onely who were then present with the King at Oxford did counsel and advise him as Members of his Military and Parliamentary Council notthe Knights and others of inferiour condition holding of him by Knight service who then assisted him onely with their Horses Arms and military services 4. These Knights and others then summoned to Oxford were no Knights Citizens or Burgesses elected by the People and Kings Writs to serve in any Parliament then held at Oxford but onely such who held Lands of the King by Knight service which they were then summoned actually to perform as his Tenants for his defence in the Wars against foreign and domestick Enemies as the Writs resolve 5. The Writs of Summons to the Parliamentary Council held this year mentioned in the forecited Writs were different in form date time place from the objected Writs and in the manner of appearing The one summoning them to appear at Oxford cum equis armis c. the other to appear at London sine armis consilium vestrum impensuri c. Therefore there being no mention of any Knights and others of inferiour condition summoned together with the Barons and Nobles to appear at London in the Parliamentary Council there held as there is in the other Writs of Summons to the Kings Camp and Armie It is a most clear convincing argument that in 48 H. 3. there were no Knights Citizens or Burgesses summoned to the Parliament but onely the Spiritual and Temporal Lords and Barons Now because I meet with some other memorable Writs which may seem in some mens judgment to prove that there were Knights Citizens Burgesses and Commons summoned to Parliaments or Councils before 49 H. 3. I shall present you with them in order with my Answers to and Observations on them The first and ancientest of them is this notable Writ of Proclamation much insisted on and imperfectly cited by Mr. William Lambard an eminent Antiquarie of Lincolns Inne in his Archaion p. 261 262 263. which I have faithfully transcribed out of the Patent Roll it self Pat. 6 Johan Rs. m. 2. dorso as a raritie not formerly printed Rex c. Vic. Roteland c. Scias quod provisum est Communi assensu Archiepiscoporum Episcoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decimum Militem benè paratum equis armis ad defensionem Regni nostri quod illi novem Milites inveniant decimo Militi qualibet die ij Sol ad liberationem suam Et ideo tibi praecipimus quod sicut teipsum omnia tua diligis provideas quod decem Milites de Balliva tua sint apud London à die Pasche in tres septimanas bene parati equis armis cum liberationibus suis sicut praedictum est parati ire in servicium nostrum quo praeceperimus existere in servicio nostro ad defensionem Regni nostri quantum opus suerit Provisum est etiam quod si Alienigenae in terram nostram venerint omnes unanimiter eis occurrant cum fortia armis
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
le delivrent et au damage le Roi et de son poeple dont le poeple prie remedie Le Roi voet qe lordenaunce qe sa faite de cieux Prises en temps le Roy son pere soit tenue et gardeé la quelle est contenue es Roulles de la Chauncellarie Le Oytisme qe per la ou il y ad suite faite selonc forme de ley en les Banks nostre Seygneur le Roi souent per Protections et per Breffs dessouz la targe sont leur dreitures delaez a grant damage du poeple Le Roi voet qe Protections oue les Clauses daquitance de pledz ne soient grantez desoremes a nulles gentz forsqe a ceux qi vent hors du Roialme en le servise le Roi pur grosses busoignes du Roialme E le Roi ad charge le Chanceller qi ne les face en autre manere Et quant es Breffs de la targe la Roi voet qe lordenaunce soit garde qe en fust faite en temps le Roi son pere la quelle est en Chancellarie Le Novism qe par la ou larons sont enditez de larciniez râ—…beries homicides et autres felonies faites trop logierement purchaunt la chartre le Roi de sa pees per quoi ceux qi les ont enditez ne osent demorer en lour pais pur doute de ceux larons plusurs se retreent de enditementz faire per cele encheson dont le poeple prie remedie Le Roi voet que desoremes ne soit grante pardoun de felonie forsqe en cas ou aunciennement soleit estre grantez cest asaver si borne tue autre per mesaventure ou soi defendant ou en deuerie ce soit troue per record de Justices Le disme qe per la ou les communs pledz du Banks le Roi de Contez douient estre pledez en certein leiu la veignant les Ministres le Roi de ses Chasteaux et treent en cieu maner les pledz devant les portes des Chasteaux contra la forme de la ley et de ce prie remedie Le Roi voet qe les Constables des Chasteaux ne destreignent gentz apleder devant eux nul play de foreign Conte ne deinz Counte autrement qe aunciennement soleit estre fait Le Viceisme qe par la ou diverses gentz du Roialme tenent lour tenements en chefs du Roi et uncore tenuz eux et lour auncestres du temps dont memoire nest veignent les Escheters le Roi et seisant lour terres et les oustout per enquestes quil fait de lour office sanz appeller en la Court le Roi dont le poeple se sente molt greve Le Roi voet qe gentz et lour auncestres on t tenuz du temps dont il nyad memoire si come la petition suppose e les Eschetors ne se mellent pur encheson del premier entre Et ordenez est et commander per nostre Seignr le Roi qe a ceux qe se voudront pleinder a Chauncellier qe nul bom soit venus encontre aucun des ditz pointz le Chancellier par brofs du grant seal en face cel remedie come il verra qe face afere pur reson Et le Roi ad aussint charge le dit Chanceller et ses Ministres qe chescun endroit bien garde les pointz avantditz He who shall seriously peruse these premised Grievances of the Commons which were all they complained of in the Parliaments of 2 3 Edw. 2. under the misgovernment of Peter de Gaveston Earl of Cornwall and other the Kings ill Counsellors who misled him and were banished and removed from him by Judgement of Parliament will finde them not the thousandth part so many for number nor so grievous oppressive destructive to the persons lives liberties properties estates purses of the people by millions of degrees as those the people and whole Nation have lately groaned under for many years and suffered from their very real or nominal Parliaments themselves their Comittees the grand Pretended Gardians Assertors Protectors of their Laws Liberties and Enfranchisers of them from Regal Tyranny and Bondage into a misnamed Free-State and Government or rather Aegyptian or Turkish vassallage Which I desire all conscientious publike-spirited Englishman now cordially to contemplate If the Commons in Parliament were so zealous to get these few petit Grievances redressed then bought out with a grant only of the 25 part of their goods and thereupon thus redressed for the future How zealous industrious should they be now to reform all those innumerable transcendent grievances and pressures under which we have so long languished and have paid so many millions of Treasure yea spent whole Oceans of English bloud to remove and yet are not eased nor released from them nor in probability like to be being the least of their care who should redress petition protest against them Let this president spurr and excite them to their duties herein being one of the first Petitions of publike grievances exhibited by the Commons alone without the Lords to the King that I have met with in our records upon which account I thought not impertinent to insert it here at large having transcribed it with mine own hands out of the Clause Roll it self The next Writ I shall present you with at large being very remarkable is thus recorded in Claus. 5 E. 2. m. 26. dorso Rex Vic. Ebor. salutem Praecipimus tibi firmiter injungentes quod illos Milites Cives Burgenses de Balliva tua quos nuper ad praesens Parliamentum nostrum apud London incboatum demandato nostro venire fecisti qui ab eodem Parliamento certis de causts recesserunt bel alios ad hoc idoneos loco eorum si ad hoc bacare non possint usque Westm. ad idem Parliamentum quod ibidâ—…m duximus continuandum venire facias Ita quod sint ibidem in crastino Sancti Martini prox futur ad ultimum cum sufficienti potestate Comitatus tui Civitatum et Burgorum praedictorum ad consentiendum c. Teste Rege apud London xi die Octobris By this writ it is apparent 1. That there were Knights Citizens and Burgesses elected and sent to this Parliament at London by the Kings writ though not entred in the Roll of Summons Claus. 5 E 2. d. 3. 17. 25. 2ly That they departed from the Parliament for certain reasons not expressed it seems without the Kings License 3ly That thereupon the King by this writ commands the Sheriff to resummon them to come to the Parliament again which was adjourned to a certain day most likely by reason of their departure from it or else to elect and send other fit persons in their places if they could or would not attend sufficiently impowred from the Counties Cities and Boroughs for
Burgensium levandis sued to them or the Sheriffs aâ—…ter most Parliaments ended by many Burgesses of Boroughs as well as by Knights of Shires and Citizens of Cities as I shall if God say Amen demonstrate at large in its due place and shall hereno further insist upon 4ly That of late times some of these antient long-discontinued Boroughs have been revived and new Writs or Warrants for electing Burgesses sent unto them sometimes upon their own Petitions now and then upon some Courtiers Petition to the King in hopes by Letters from the Court and Feasting or Bribing the Burgesses to be elected and retorned Burgesses for the revived Boroughs sometimes by motion or order of some Members of the Commons House who had a design to bring in some Burgesses and made sure of the Burgesses Voyces before hand the Burgesses being now very willing to have their Boroughs revived because many times instead of giving wages to their Burgesses for their service in Parliament as of old they receive not only thanks Feasts but Rewards and Boons if not underhand Bribes for their Voyces from their elected Burgesses who assure them before their choyce they will neither expect nor exact any expences from them which many of them scarce deserve since they do neither them nor their Country any service at all in Parl. promoting only their own private interests or ends or their friends Finally though I shall readily subscribe to Mr. Littletons opinions Section 194. That the antient Towns called Boroughs be the most antient Towns that be within England For the Towns that now be Cities or Counties in old time were Boroughs and called Boroughs for of such old Towns called Boroughs come the Burgesses of the Parliament to the Parliament when the King hath summoned his Parliament which I shall further clear in the next Sections yet I can by no means assent to Mr. William Lambard of Lincolns Inne his Judgement though a learned Antiquary or some others inferences thence who thus argues Now as those written Authorities do undoubtedly confirm Our assertion of this manner of Parliament so is there also an unwritten Law or Prescription that doth no less infallibly uphold the same For it is well known that ln everie quarter of the Realmâ—… a great many of Boroughs do send their Burgesses to the Parliament which are neverthelesse so antient and so long since decayed and gone to nought that it cannot be shewed that they have been of any reputation at any time since the Conquest and much lesse that they haue obtained the Privileges by the Grant of any King succeeding the same so that the interest which they have in Parliament groweth by an antient usage before the Conquest whereof they cannot shew any begining Which thing is also confirmed by contrarie usage in the self same thing For it is likewise known that they of antient Demesn do prescribe in not sending to the Parliament For which reason also they are neither Contributors to the Wages of Knights there neither are they bound to sundry Acts of Parliament though the same be generally penned and do make no exception of them But there is no antient Demesn saving that only which is described in the Book of Domesday under the Title of Terra Regis which of necessity must be such as either was in the hands of the Conqueror himself who made the Book or of Edw. the Confessor that was before him And so again if they of Antient Demesne have ever since the Conquest prescribed not to send Burgesses to Parliament then no doubt there was a Parliament before the Conquest to the vhich they of other places did send their Burgesses To which I answer that this Argument is fallacious and no waies conclusive For 1. these antient decayod Burroughs that now in many places send Burgesses to the Parliament were in no such great reputation at all at or before the Conquest as is insâ—…uated for ought appears by the Book of Dooms-day or any other Record or Historie but as mean and inconsiderable as now they are 2ly There is no Historie or Record that any of these Boroughs whether decayed or not decayed yea though much enlarged enrichd since the Conquest did ever send Burgesses to any one Parliament either before or after the Conquest till 49 H. 3. And I challenge all the Antiquaries in England to demonstrate the contrarie by History or Records 3ly It is irrefragable by the forementioned returns of Sheriffs that all or most of those poor or decayed Boroughs in Cornwall Devonshire Wiltshire Southampton Sussex and some other Counties did in 26 E. 1. and some years after send no Burgesses at all to our Parliament as Camelford Foway Grantpount St. Germins St. Ives St. Maries or Maws St. Michael Portlow Saltash Trebonny Tregony in Cornwall Bearalston in Devon Christchurch Newport Newtown Stockbridge Whitechurch Yermouth in the Countie of Southampton Midhurst and Horsham in Sussex Crickland Henden Old Sarum Heytesbury Westbury Wotton Basset in Wiltshire with others in other Counties as the precedent Table clearly demonstrates all or most of them being enabled to send Burgesses to Parliament since the reign of Edw. the 1. and not before much less by prescription before the Conquest as M. Lambard and others conceit and that percliance not by any special Charters of our Kings creating them Boroughs or Corporations but by private directions of the King and Counsil to the Sheriffs of Counties wherein they were to issue out Precepts to them to elect and retorn Burgesses when they saw any just cause not by antient usage or prescription before the Conquest which none of these Boroughs ever yet pretended or insisted on for ought I can find upon my best inquiry after their Original 3ly The antientest writs for Knights wages extant are those of 28 E. 1. Rot. Claus. dors 3 12 cl 29 E. 1. dors 17. 32 E. 1. dors 3. and no Records Histories or Law-books I have seen derive their original higher than the Reign of King Edward the first The first Statute concerning them is that of 12 R. 2. c. 12. on which the writ in the Register is grounded which enacts only That the levying of the expences of Knights shall be as hath been used before this time the next Statute of 11 H. 4. c. 1. enacts That Knights of Shires unduly retorned shall lose their wages of the Parliament of old time accustomed not at or before the Conquest accustomed The first printed case concerning them in our Lawbooks is but in M. 12 H. 4. f. 3. a. Fitzh Avowry 52. Br. 42. and the first Petitions in Parliament concerning them are those of 28 51 E. 3. Yea no man can prove there were any Knights for Counties elected and sent to Parliaments by the Kings Writs before 49 H. 3. Therefore the prescription to be discharged from contributing to their wages cannot be extended higher than 49 H. 3. not to the Reign of the Conqueror or before the Conquest