Regem Edoem modo mandatum est Archiepisc. Eborum et Episcopis ac Comitibus et Magnatibus et aliis subscriptis DE CONSILIO REGIS existentibus mutatis mutandis there being only the names of 8. Bishops subscribed without any Abbots or Priors and 10 Earls 23 Lords and Barons 5. Justices and 3. others of the Kings Council but no writs at all for electing Knights Citizens or Burgesses So as this was no Summons to a Parliament but rather to a Privy Council or Consultation The 67. writ is extant in Claus. 11. E. 3. pars 1. m. 8. dorso Rex c. I. c. Archiep. Cantuar. Quia super quibusdam arduis et urgentissimis negotiis quae per solempnes Nuncios nostros quos ad partes transmarinas transmissimus Nobis jam sunt plenius intimata et quae Nos et statum regni nostri Coronaeque jura specialiter et intimis contingent vobiscum et cum aliis Praelatis Magnatibus et Proceribus ipsius regni nostri Westm. die Lunae prox post festum Sanctae Margaretae Virginis prox futur Colloquium habere volumus et tractatum Vobis in fide et dilectione c. mandamus quod cessante excusatione quacunque dictis die et loco personaliter intersitis Nobiscum et cum caeteris Praelatis Magnatibus et Proceribus praedictis super dictis negotris tractaturi vestrumque consilium impensuri Et hoc sicut Nos et honorem nostrum et tranquillitatem et salvationem regni Coronaeque nostrorum diligitis nullatenus omucatis Scientes quod propter arduitatem et magnitudinem negotiorum praedictorum absentiam vestram ad diem illum nequimus nec volumus aliqualiter excusare Teste Rege apud Staunford 21 die Iunii Per ipsum Regem Eodem modo mandatum est Episcopis Abbatibus et Prioribus subscriptis vâ—z 15 Bishops 25 Abbots 4 Priors the last of Sempyngham oft omitted before 10. Earls 38 Nobles and great men The 68. is this Notable writ in Claus. 11 E. 3. part 2. m. 40. dorso Rex c. I. Archiepisc. Cantuar. c. Cum de assensu Praelatorum Magnatum Procerum regni nostri ac aliorum de Consilio nostro ad partes transmarinas una cum nonâ—ullis Magnatibus et Proceribus et aliis Pidelibus nostris ex câ—rtis et legitimis causis infra breve Domino duce ordinavimus Nos transfretare et prae caeteris insideat Nobis cordi quod pax nostra in regno nostro in nostra absenâ—ia inviolabiliter observetur et idem regnum nostrum ab hostium incursibus tueatur Nos autem passagium nostrum praedictum ad dictas partes super custodia dicti regni nostri et conservatione pacis nostrae in codem regno dum sic absentes fuerâ—mus ct aliis arduis et urgentissimis negotiis tam Nos et Statum ejusdem regni altarumque terrarum nostrarum quam eundem transitum nostrum spcialiter contingentibus vobiscum et cum caeâ—eris Praelatis et Magnatibus ipsius regni apud Westm. die Veneris prox ante festum Sancti Michâ—elis prox futur habore volumus Colloquium et tractatum Et ideo vobis in fide et dilectione quibus nobis tenemini sirmiter injungendo mandamus quod pensatis tanta nostrorum et dictâ— regni negotiorum arduitate et periculis imminentibus absque excâ—satione qu â—cunque dictis die et loco personaliter inter sitis Nâ—biscum et cum caeteris Praelatis Magnatibus et Proceribus praedictis super dictis negotiis tractaâ—uri vestrumque consilium impensuri Et hoc sicut honorem nostrum ac salvationem et tranquillitatâ—m dicti regni nostri et Ecclesiae sanctae diligitis modis omnibus faciatis Ne quod absit per vestri absentiam expeditio negotiorum nostrorum praedictorum retardetur seu quomodolibet differetur Et praemunientes Priorem c. Teste Roge apud Westm. 18 die Augusti Per ipsum Regem Eodem modo mandatum est W. Arch. Eborum to 15. Bishops more Custod Spiritualitatis Episcopatus Cicestr sede vacante 29. Abbots and 3. Priors The 69. is the writ in the same Roll and membrana to summon a Convocation of the Clergy at Pauls Rex c. J. c. Archiepisc. Cantuar. c. Cum de assensu Praelatorum c. usque imparturi ut supra et tunc sic Et quia negotia praedicta salvationem et quictem regni nostri et Ecclesiae sanctae â—c universorum ac singulorum ipsius regni specialiter contingunt Vobis mandamus rogantes quod Episcopos Praelatos Clerum vestrae Provinciae apud Ecclesiam Sancti Pauli London in crastino S. Michaelis prox futur convocari fac Ita quod tam dicti Episcopi quam Decani et Priores Ecclesiarum Catâ—edralium Archidi aconi et Abbates exempti et non exempti quos expedire videritis personaliter et quodlibet Capitulorum praedictarum Ecclesiarum Cathedralium per unum et lerici cuâ—uslibet Dioc. per duos Procuratores sufficientem potestatem habentes apud dictam Ecclesiam Sancti Pauli in praedicto crastino Sancti Michaelis intersint ad tractandum et consulendum super praemissis una vobiscum et aliis per Nos tunc mittendis et ad consentiendum hiis quae tunc ibidem pro communi defensione et utilitate divina favente clementia contigerit ordinari Teste ut supra Per ipsum Regem Consimile Breve dirigitur W. Archiepiscopo Eborum Angliae Primati quod convocare fac Praelatos c. de Provincia sua apud Eâ—orum die Iovis prox post Octabis S. Michaelis prox futur Teste uâ— supra The 70. is this Notable writ in Claus. Anno 11 E. 3. pars 2. m 11. dorso Rex c. J. c. Archiep Cantuar. c. Quia tam super urgentissimis negotiis Nos et statum regni nostri ac aliarum terrarum nostrraum ac jura nostra et Coronae nostrae tangenâ—ibus quam etiam super expeditione quorundam altorum arduorum negotiorum quae venerabiles Patres Sanctae Romanae Ecclesiae Cardinales ad Nos jam in Angliam per Domiâ—um Summum Pontificem transmissi Nobis ex parte ejusdem Summi Pontificis et dictae sedis specialiter nunciarunt PARLIAMENTUM nostrum apud Westm. in crastino Purificationis beatae Mariae virginis prox futur tenere ac ibidem vobiscum et cum caeteris Praelatis c. Et hoc sicut Nos et honorem nostrum et tranquillitatem et quietem dictorum regni et terrarum diligitis nullatenus omittatis Praemunientes Priorem c. Scientes insuper quod tam propâ—er dictorum negotiorum arduitatem quam pro co quod nonnulla alia nostri et regni nostri negotia in diversis Parliamentis nostris ante haec tempora tentis propter absentiam Praelatorum et Magnatum ejusdem regni qui eisdem Parliamentis una cum aliis ipsius
one general Councill in 32 E. 3. d. 14. 5ly That after King Edward the 3d. his reigne there is not one president of any Archbishop Bishop Abbot Prior or religious persons summoned to any Parliament to my remembrance but only of those who held by Barony and were constantly summoned as Spiritual Peers to all our Parliaments And very few Presidents if any of a Knight Gentleman or other Layman whatsoever summoned by any general Writs to the Lords House to treat and consult together with them unlesse they were ancient Earles Lords or Barons of the Realm or newly created such by special Patents before their summons or by special clauses of creation in the Wriâ—s by which they were summoned as all the lists of summons in the Clause Rolls the precedent Table the Statutes of 5 R. 2. Stat. 2. c. 4. 31 H. 8. c 10. and Mr. Martyns Catalogue of them at the end of his History clearly manifest 6ly That in my best observation there is no president from 49 H. 3. till the last Parliament of King Charles nor in any age before where any of the ancient Nobility Peers Lords or Barons of the Realme at least any considerable number of them unlesse such who were actually outlawed or attainted of High Treason or absent in forreign parts or in actual service in the Wars or under age were omitted out of the Writs of summous or secluded from sitting in the Lords House in any Parliament by force or frand unless by Morâ—imer in the Parliament at Salisbury An. 2. E. 3. and in 21 R. 2. nor of others who were no real Lords Peers by Patent Tenure or other legal creation summoned to the Lords House out of England much lesse out of Scotland and Ireland to supplant them or supply their places under any name notion or pretext whatsoever Neither were they or any of them secluded disinherited of their seats Votes Peerage in Parliament without or before the least legal hearing trial impeachment or conviction whatsoever of any capital crime which might forâ—eit their Peerage against all the Great Charters Statutes Records Declarations Orders Ordinances Votes Protestations Oathts Covenants mentioned in my Plea for the Lords and House of Peers which ratifie and perpetuate this their Birthright to them and their Posterities and the very law of all Nations 6ly It is very observable that both Houses of Parliament in their Propositions sent to King Charles at their last Treaty with him in the Isle of Weight to prevent the creation and introduction of any New Lords into future Parliaments to the prejudice seclusion or overvoting of the Ancient Nobility or Commons house did amongst other things propound That BY ACT OF PARLIAMENT all LORDS and PEERS made by the King since Edward Lord Littleton deserted the Parliament and carried away the Great Seal the 21. of May 1642. should be unlorded unpeered set by and their Titles of Honour Patents revoked declared null and void to all intents and never hereafter put in use And that NO PEER WHICH SHOULD BE HEREAFTER MADE BY THE KING HIS HEIRES OR SUCCESSORS who have onely and solely a just legal power to create them and none else as they hereby declare SHALL SIT IN THE PARLIAMENT OF ENGLAND WITHOUT CONSENT OF BOTH HOUSES OF PARLIAMENT Which the King then fully and freely consented to without any limitation or exception whatsoever Since which Proposition of both Houses and concession by the King how any person or persons who assented to or approved thereof in any kind as reasonable or beneficial to the publick without any special Patent or creation from the King his heires or successors and without the consent of the House of Lords and ancient Peers of the Realme the only proper members of Iudges in it of the Commons House yea against both their consents and approbations can justly by any other authority Patent Writ or instrument whatsoever assume unto themselves the Titles of Lords or Barons of the Realme or of the Lords House it self to the disseasing disinheriting suppressing of the ancient undoubted Peers and House of Lords Or how any who have Voted down declared against and abolished the Lords and Lords House in sundry printed Papers as Uselesse Dangerous Inconvenient Oppressive to the People obstructive to the Proceedings in Parliament and the like and afterwards by several Votes and printed New Knacks took and subscribed themselves and prescribed to all others under severest penalties a publick Engagement To be â—rue and faithfull to the Commonwealth of England as it was then established as they thought by themselves though the event soon after proved the contrary Without a King or House of Lords can or dare become this very Selfsame Vselesse dangerous oppressive obstructive grievance c. themselves and against their own Votes Declarations Acts Subscriptions Engagements stile or assert themselves to be either real Lords or an House of Lords without the greatest Praevarication Contradiction to and Apostacy from their own former Principles or how they can ever probably expect that either the ancient Lords or Commons of England should submit unto them as such let their own judgments consciences and reasons resolve them The rather because divers of the Earles Nobles made by King Stephen were stiled yea deposed as meer Imaginary false Earles and Lords Quosdam Imaginarios et Pseudo-Comites and both their Titles and Crown lands given them by Stephen though King de facto resumed by King Henry the 2. right heir to the crown because Stephen was an Usurper Chartae Invasoris praejudicium legitimo Principi minime facere deberent as the Chronicle of Normandy the Book of the Abby of Waverly Mr. Selden out of them Gulielmus Neubrigensis and Chronicle of Bromton Col. 1046. inform us Whose President may justly deterre them from any unjust disseisin of the ancient Lords and setting themselves in their Places And thus much for my Observations on and from the Writs in this second Section SECTION 3. Of Writs of Summons to the Kings Counsil and other Ordinary Assistants to the Lords in Parliaments and Parliamentary Councils with annotations on them THe next Writs of Summons after those to the Spiritual and Temporal Lords entred in the antient Clause Rolls are those to the Kings Counsil different only in one or two Clauses from the former in which else they usually accorded These persons commonly summoned to Parliaments as the Kings Counsil by distinct writs from the Lords as ordinary Assistants both to the King and them in all causes controversies Questions of Moment were mostly the Kings Great Officers as well Clergymen as Secular persons who were no Lords nor Barons of the Realm as namely his Treasurer Chancellor of the Eschequer Judges of his Courts at Westminster Justices in Eyre Iustices assignes Barons of his Eschequer Clerks Secretaries of his Counsil and sometimes his Serjeants at Law with such other Officers and Persons whom our Kings thought meâ—â—o summon The
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
d. 25. 18 p. 1. d. 14. 20 p. 2. d. 22. 21 p. 2. d. 9. 22 p. 1. d. 32. p. 2. d. 7. E. 3. William la Zousche de Castro Rici 19 d. 27. E. 2. 1 p. 2. d. 11. 16 2 d. 31 E 3. William la Zousche de Mortuomari Mortymer 2 d. 15. 23 3 d. 19 4 d. 13. 28. 32. 41 5 d. 7. 25. p. 2. d. 7 6 d. 4. 9. 19. 36 7 p. 2. d. 3 8 d. 18 9 d. 8 10 d. 1. 5. E. 3. William la Zouche de Asheby 9 d. 28. E. 3. William la Zousche de Haringworth Iunior 23 p. 1. d. 23 24 p. 2. d. 3 25 p. 1. d. 5 26 d. 14. 27 d. 12 28 d. 26 29 d. 7 8 31 d. 2. 21 32 d. 14 34. d. 4 35 d. 30 36 d. 42 37 d. 22 38 d. 3 39. d. 2 42 d. 22 43 d. 24 44 d. 1 46 d. 9 47 d. 13 49 d. 4. 6 50 p. 2. d. 6. E. 3. 1 d. 37 2 d. 13. 29 3 d. 32 4 d. 32 5 d. 40 6 d. 37 7 d 10. 37 8 d. 35 9 d. 45. 10 d. 42 11 d. 13. 37 12 d. 42 13 d. 5 14 d. 42 15 d. 37 16 d. 23 17 d. 30 18 d. 23 20 p. 1. d. 15 R. 2. William la Zouche de Haringworth 2 p. 1. d. 3 3 d. 17 5 p. 1. d. 18. p. 2. d. 4. 7 d. 30 8 d. 2 11 d. 32 12 d. 2 14 d. 22 H. 4. 1 d. 9. 37 2 d. 16 H. 5. William la Zouche de Haringworth 4 d. 15 5 d. 4 Chivaler 7 d. 2 9 d. 18 10 d. 10 13 d. 2 15 d. 18 18 d. 33 20 d. 27 25 d. 24 27 d. 24 28 d. 26 29 d. 41 31 d. 36 33 d. 36 38 d. 30. H. 6. 1 d. 35. 2 d. 3 6 d. 1. E. 4. As these last Alphabeticall Chronologicall Tables will be very usefull to all Heraulds and the ancient Nobility of the Realme and adde much luster to Mr. Brookes his Catalogue of Nobilitie Mr. Vincent his Discovery of the Errours therein Iames York his Union of Honours William Martyn his succession of the Nobility of England at the end of his History and other Writers of our Nobility who were originally hereditary for the major part so by the serious perusal of the later of them you may clearly discern beyond all contradiction 1. That there are at least 98. Laymen in the later Catalogue summoned only once and no more hui once by our Kings at sundry times to several Parliaments and Great Councels of the Realm by the self same general Writs of Summons as the Earles Peers and Barons of the land were summoned and enrolled amongst them in the Lists of Summons and Resummons and specially commanded by their Writs Quod personaliter intersitis Nobiscum ac cum Praelatis caeteris Magnatibus Proceribus dicti Regni nostâ—i super negotiis praedictis tractaturi Vestrumque Consilium impensuri c. yet neither themselves nor any of their Name or Posterity were ever summoned afterwards to any other Parliament or Great Councill for ought appears by the Clause Rolls and Lists of persons summoned 2. That there are at least 50. others of them thuâ— summoned by general Writs and listed amongst the names of the temporal Lords Barons and Great men some of them only to 2. others of them to 3. others to 4. others to 5. or 6. Parliaments and great Councils at several times yet not one of them or their Progenie afterwards called by Writ to any succeeding Parliaments or Councils 3. Thâ—t Iohn ap Adam was called by Writ to no lesse then 16. successive Parliaments and Grand Councils of the Realme under King Ed. 1. 2. and 3. Roger de Banent to 22. under Ed. 2. and 3. Guido de Bryan to 37. under E. 3. and R. 2. Iohn de Claverings to 45. under E. 1. 2. and 3. Philip de Columbariis to 44. under E. 2. and 3. Sir William Herne to 8. under E. 3. R. 2. and H. 4. as likewise Walter de Manny Iohn de la Mare Nicholas de Meyvill Thomas de Musgrave Iohn Somery Henry de Teyez Thomas Vhtred and some others summoned by general Writs to sundry Parliaments and Councils by one or more of our Kings yet they and their Posterities of the same name were afterwards totally omitted out of the Writs and lists of Summons and never summoned again in succeeding times 4. That Gilbert and William de Acton Richard and William de Aldeburge Gilbert and William de Aton perchance the same with Acton Robert and William de Felton John Richard and Matthew Fitz Iohn Ralph and Robert de Grendon Robert and Alexander de Hilton Adam and Thomas de Novo Mercato Hugh and Hugh de Sancto Phileberto Giles and Richard de Playez Miles and Nicholas de Stapleton William and Theobald Trussell William and John Tuchet to omit others were successively summoned to one two or three Parliaments Great Councils not immediately succeeding each other but some good distance of years and time after the other during which many Parliaments and Councils intervened to which none of them were called by Writ and then totally omitted none of their name or posteritie for ought appeares being ever summoned again as the last Table visibly demonstrates From which 4. particulars I conceive it experimentally evident beyond dispute That as the Kings Writs to his Counsell Justices and other Assistants mentioned in the next Section did neither constitute them nor their issues Peers or Barons of the Realm nor Assistants for life though they sat advised with the King Lords upon all weighty occasions in the Lords House and as the elections retornes of Knights Citizens Burgesses Barons of Ports by the Kings Writs of summons to Parliaments and their sitting voting in the Commons House in one or more Parliaments for which they are elected though seconded with the Kings Writs for levying their expences after the Parliaments ended do neither create them Knights Citizens Burgesses Barons of Ports nor Members of the Commons House during their own lives much lesse their issue Males in succession after them but only during the session and continuance of these particular Parliaments and Councils for which they are elected and retorned which being once determined they presently ceased to be Knights Citizens Burgesses Barons in any succeeding Parliaments or Councils unlesse newly elected and retorned to serve in them by the Kings new Writs as our Law books and experience resolve so the Kings generall Writs of summons directed to Knights Gentlemen and other Laicks who held not by Barony and are no Lords nor Barons by special creations or Descent from their Ancestors to treat with the King and the rest of the Lords and Great men in the Lords House and their sitting therein once twice or oftener by Vertue of such Writs doth in truth and reality neither make nor create themselves nor their heires Males after them in point
CAETERIS DE CONSILIO NOSTRO super dictis Negotiis tractaturi vestrumque consilium impensuri et hoc nullatenus omittatis Teste ut supra Without any Eodem modo to others Claus. 47 E. 3. d. 13. there is a writ issued to him with a different recitall as p. 67. and a personaliter intersitis Nobiscum et cum caeteris de Consilio nostro with Consimilia Brevia to 6 more Justices The like writ to him is in Clause 48 E. 3. dors 24. with Consimilia Brevia to 8 others whereof two are Masters These writs are entred after those to the Sheriffs and before the writs to the Warden of the Cinque-ports as the like writ to him is Claus. 50 E. 3. pars 2. dors 6. with Consimilia Brevia to 8 moâ—e the two last Mro Iohanni Barnet and Mro Nicho de Chaddeston as in the last before The next writs of this nature are in Claus 1 R. 2. dors 37 Claus 2 R. 2. d 13. both directed Iohanni Cavendish Capitali Justiciar suo and 11 others in both Rolls with a personaliter intersitis Nobiscum cum caeteris de Consilio nostro super dictis negotiis tractaturi c. But that of Claus 3 R 2 dors 32. runs thus Quod omnibus aliis praetermissis dictiss die loco personaliter intersitis Nobiscum CUM CAETERIS PRAELATIS MAGNATIBUS ET PROCERIBVS Regni nostri DE CONSILIO NOSTRO tractaturi vestrumque Consilium impensuri c. The like Ordinary writ issued to Cavendish and 9 others Claus 4 R 2 dorso 32 After which this form of writ is registred Rex dilecto Servienti suo David Hannemere salutem Quia de avisamento c. usque tractatum tunc Mandamus firmiter injungentes c quod diâ—tis die et loco personaliter intersitis ad faciendum pro Nobis et expeditione negotiorum nostrorum quod ad tunc ibidem fuerit faciend et hoc Nullatenus omittatis Teste Rege apud Westm 26 die Augusti In the Clause Roll of 5. R. 2. dorso 40. The writ entred is directed Roberto Tresilian Capitali Justic suo and 7 more Claus. 6 R 2. pars 1. d. 4. 7. to him and 8 others in both dorses Claus. 7 R. 2. d. 10. 17. to him and 7. others in both Claus. 8 R. 2. d. 35. to him and 10. besides Claus. 9 R. 2. d. 45. to him and 9 more Claus. 10 R. 2. d 42. to him and 12 others Claus. 11 R. 2. d. 24. to him and 11 more Claus. 12 E. 3. d. 42. the writ issued Waltero Clopton Capitali Iustic suo and 7 others Claus. 13 R. 2. pars 1. d. 6. Cl. 14 R. 2 d. 42. to him and 12 more Cl. 16 R 2. d. 37. to him and 12 others whereof the chief Baron of the Exchequer was one Clause 16 R. 2. d 23. to him and 11 others and d 32 to him and 12. more Claus. 17 R. 2. d. 30. to him and 12 others Cl. 18 R. 2. d 23. to him and 10 besides Claus. 20 R. 2. d. 11. to him and 11 more Cl. 21 R 2. d. 27. and Cl. 23 R. 2. d. 3. to him and 11 others The writ in Claus 1 H 4 d. 37. is directed Waltero Clopton Capitali Iustic suo and 12 others and still to the Chief Justice for the time being throughout his reign all or most of the rest of the Assistants being Justices whose names you may find in the ensning Table The writ in Claus 1 H 5 dors 9. issued Willielmo Hankeford Capitali Iustic suo c. But that in dors 37 Willielmo Gascoyne Capitali Iusticiario suo and 11 others most or all Justices and so throughout his reign In Henry the 6. his reign Claus. 1 H. 6. dors 22. the writ is directed Willo Hankeford Capitali Iustic suo and 10 more Justices and so in other years to the Chief Justice for the time being and other Justices In Cl. 1 E 4. d. 34. the writ issued Iohi Markham and 12 Justices and Lawyers besides and so throughout his reign to the Chief Justice and Justices for the time being and few else besides them Of later times both the Chief Justices Chief Baron and all the Kings Justices Barons of the Eschequer Serjeants at Law the Mr of the Rolls some Masters of the Chancery have been usually summoned as Assistants to counsell and advise both the King and Lords in all matters of Law and difficulty wherein their advice is necessary as also to carry messages Bills and Orders from the Lords to the Commons House and return answers from them upon such occasions when they please to return answers by them and not by Messengers of their own Usefull Observations upon the precedent Writs to and concerning the Kings Counsil summoned to Parliaments and Parliamentary Councils IT is observable 1. That in many antient Rolls and Lists of Summons to Parliaments and Parliamentary Councils there is no mention of any writs or summons at all to any of the Kings Counsil Justices Officers or others as there is in those forecited as namely in the summons in Claus 49 H. 3. d 11. 23 E 1. d. 2 3 4. 24 E. 1. d. 7. 25 E. 1. d. 6. 27 E. 1. d. 9. 16. 28 E. 1. d. 16 17. 30 E. 1. d. 9. 32 E. 1. d. 2. Cl. 33 E. 1. d. 8. Cl. 35 E. 1. d. 13. Cl. 3 E. 2. d. 16 17. 7 E. 2. d. 16. 9 E. 2. d. 22 18 E. 2. d. 5. 21 34. 20 E. 2. d. 4. Cl. 5 E 3. pars 2. d. 7. 1â— E. 3. p. 1. d. 15. 16 E. 3. pars 1. d. 39. 16 E. 3. pars 2. d 13. 29 E 3. d. 7. 32 E. 3. d. 14. 33 E. 3 d. 10. 34 E. 3. d. 35. 49 E. 3. d. 4. to omit others Which Parliaments it seemes were held without any of the Kings Counsil or Justices summoned to them or else the Clerks through negligence or slothfullness omitted the entries of their Writs or names in all these Rolls of Summons Therefore they are no essential Members of the Parliaments or Great Councils of England which may be held without them being none of the 3. Estates 2ly That there is no mention at all made of them in the usual ordinary writs to the Spiritual or Temporal Lords Sheriffs and Wardens of Cinque-ports in these most material clauses Parliamentum nostrum tenere Voâ—iscum ac â—um Praelatis Magnatibus Proceribus dicti regni nostri Angliae Colloquium haâ— bere volumus tractatum Or the personaliter intersâ—â—is Nobiscum ac cum dictis Praelatis Magnatibus et Proceribus dicti Regni super dictis Negotiis tractaturi vestrumque consilium impensuri which have never this Clause cum â—aeteris de Consilio nostro inserted into them Therefore they are no essentiall constitutive Members of our Parliaments or Great Councils but Assistants only to the King and Lords as there is occasion 3ly That those of the
Kings Counsil summoned to Parliaments and Great Councils by the precedent writs were sometimes very many in number somtimes very few and alwaies more or less at the Kings meer pleasure In the first writ and list of summons extant they were no less than 40 in some others above 30 in most under 20 usually in later times but 10 11 12 13 or 14 sometimes but 4 5 6 or 7 once or twice but one Sometimes most of them were Deans Archdeacons and other Clerks or Clergymen who had alwaies the Title MAGISTRO praefixed to their names both in the writs and lists of their names other times the major number were Justices Laymen and but two or three Clerks In later times the Clergymen were wholly omitted or very rarely inserted and that when they were Treasurers or Temporal Officers to the King An unanswerable apparent Argument and demonstraon that they were no essential Members of our Parliaments or Great Councills since the King might thus summon more or fewer of them or which of them he thought fittest and omit all or any or as many of them as he would at his pleasure out of the summons 4ly That in all lists of Summons of this kinde the Kings Chief Justices and other Justices of his Courts at Westm and Chief Baron were constantly summoned in more or less numbers and the Kings Serjeants very frequently yea the writs of Summons entred in the Rolls were for the most part issued to the Kings Chief Justice because there was most use of the Justices and learned Lawyers advice and counsel in Parliaments in all matters of Law there debated inâ—writs of Error there pending in the penning of New and altering explaining or repealing of former Statutes in Pleas of the Crown and other cases criminal or civil heard and determined in Parliaments than there was of inferiour Clergymen of the Counsil the Archbishops Bishops Abbots Priors and Spiritual Lords there present as Members being sufficiently able to advise the King and Temporal Lords in all Ecclesiastical matters there debated or treated of especially when assisted with the Clerks of the Convocation usually summoned without any Clergymen of the Kings Counsil 5ly That by the King and his Counsil Vs and Our Counsil Vs and the rest of our Counsil aliis ac caeteris de Consilio nostro in the precedent and other writs in the Clause Rols the Rolls of Parliament the afetrcited Statutes and other Acts of Parliament the Kings Justices and others summoned to Parliaments and Great Councils as his Counsil not as Spiritual or Temporal Lords are properly meant and intended not the Lords of the Kings Privy or continual Council nor yet the Lords in Parliament or Parliament it self the Parliament in the writs of Summons to the Bishops in the Clause of Praemunientes Decanum Capitulum Archidiaconos totumque Clerum vestrae Dioc c. and in the writs to the Sheriffs Wardens of the Cinqueports being usually stiled Commune Consilium Regni nostri as the Clause Ad consentiendum hiis quae tunc ihidem de Communi Consilio regni nostri contigerit ordinari inserted into the last part of these Writs informes us And so is it stiled in the writ prescribed by the Statute De non ponendis in Assisâ—s Anno 21 E. 1. in other Writs grounded upon Acts of Parliament in the Register of Writs and Natura Brevium Or the Kings Common or General Council as in the Stat of Vouchers 18 E. 1. in the Statutes of Wast de Defensione Iuris An 20 E 1. and other printed Acts and long before this in Pat. 1 Joh Râ— m. 3 n. 3. Pat. 1 H 3. m. 3. Pat. 3 H 3. ps 2. m. 6. and sundry other writs and Patents in his reign 6ly That although Sir Edward Cooke and others make this the chief or sole distinguishing Claâ—se or proprium quarto modo between the writs of Summons to the Lords and Members of the Lords House and Assistants that the one are always summoned quod in propria persona intersitis Nobiscum ac cum dictis or caeteris Praelatis Magnatibus et Proceribus dicti regni nostri super dictis negotiis tractaturi vestrumque consilium impensuri The others only summoned quod personaliter intersitis Nobiscnm et cum caeteris de Consilio nostro super dictis negotiis tractaturi vestrumque consilium impensuri Yet this is not a general truth For 1. in sundry forecited writs to the Kings Counsil Justices and Assistants this clause Et cum caeteris de Consilio nostro c. is totally omitted though it be in most of them and intersitis Nobiscum only or intersitis Nobiscum et cum dictis Praelatis Magnatibus et Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri without any cum caeteris de Consilio nostro inserted in lieu thereof yet with this distinction not formerly observed by any to my knowledge that in the writs to the Spiritual and Temporal Lords the words alwayes run thus in the first Clause of the writs Vobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus dicti Regni nostri to a Spiritual Lord and Vobiscum cum Praelatis ac CAETERIS Magnatibus et Proceribus c to a Temporal Lord and thus in the mandatory part dictis die et lâ—co personaliter intersitis Nobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus if to a Prelate and if to a Temporal Lord Nobiscum ac cum Praelatis et CAETERIS Magnatibus et Proceribus Praedictis super dictis negotiis tractaturi c. the word Caeteris is alwaies omitted in the writs to the Justices and other Assistants of the Counsil in both these clauses because they are no Spiritual nor Temporal Lords of Parliament nor summoned as such and cum Praelatis Magnatibus Proceribus without caeteris being only used in their writs both where cum caeteris de Consilio nostro is inserted into their writs after the word Proceribus or elsewhere and where it is totally omitted So that the omission of the word caeteris in this place and manner in all writs to the Justices and other Assistants and the inserting it as aforesaid into the writs of the Spiritual and Temporal Lords is the principal distinguishing word that puts a difference between them not this Clause alone Nobiscum cum aliis de Consilio nostro twice inserted into the writs of Prorogation and Resummons both to the Temporal and Spiritual Lords as well as to the Justices and Assistants Claus 33 E. 1. d. 9 10. which I shall recite at large in its due Section 7ly That in the writs of Summons to the Kings Counsil they are never licensed to appear by Proxies or Attorneys as the Spiritual and Temporal Lords sometimes are but in proper person alone 8ly That such of them who were Deans Archdeacons or Clergymen have alwaies the Title MAGITRO prefixed to their names both in
moved the King to shew mercy to them were put to several fines The 2. is in the Placita coâ—amâ—ipso Rege Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. the Archbishop of Yorkes case Johannes Archiepiscopus Eborum attachiâ—tus fuit ad respondendum Damino Regi de plaâ—iâ—o quare cum placita de Imprisonamento et aliis Transgressionibus in regno Regiâ— contra pacem Regis factis ad Regem coronam et dignitatem suam specialiter pertineant Idem Archiepiscopus per Johannem Priorem de Bolton in Cravene Commissarium suum in venerabilem Patrem Antonium Episcopum Dunolm dum nuper in partibus Borialibns in obsequio Regis juxta laâ—us suum per praeceptum ipsius Regis sub protectione extitit pro eo quod Ballivi esusdem Episcopi Willielmum de Wrleton 〈◊〉 Johannem Roman apud Dâ—nolm inventos ceporunt et imprisonaverâ—nt Excommunicationis sententiâ—m in Regis contemptum et Coronae dignitatis suae laesionem contra reverentiam Regis in hac parte debitam in dispectum ipsius Regis viginti Mille librarum fecit fulminari et illam Excommunicationem demandari Propter quod idem Rex taâ—um contemptum tantum irreverenti 〈◊〉 sibi illatamâ—ransire impunitam sustinere non valens maxime cum tam ipse Rex quam praellictus Episcopus quanium in ipso suit praefato Willielmo Johanni de imprisonamento praedicto celeris justitiae complementum juxta regni consueâ—udinem semper fuerunt parati exhibere c. After the Archbishops Plea thereto and a long debate of the business in Parliament Videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Iusticiariis similiter toti Consilio ipsius Domini Regis quod praedictus Archiepiscopus quantum in ipso fuit nitebaâ—ur occupare usurpare super Coronam Regiam et Dignitatem in casuâ—isto deliberationes imprisonatorum contra legem et consuetudinem regni et Contra â—â—dem in qua idem Archiepiscopus Domino Regiet Coronae suae astringitur ad exhaeredationem Doâ—â—ni Regis et haeredum suorum manifestam Propter quod per Comites Barones et Iusticiarios et dinnes alios de Constlio ipsius Domini Regis concordatum est quod praedictus Archiepiscopus committatur prisonae pro offensa transgressione praedictis Et super hoc ante Iudicium pronunnciatum licet unanimiter de consilio praedictorum Magnatum et aliorum concordatum fuisset tenendum in hoc casu et similiter in casibus consimilibus imperpetuum praedictus Archiepiscopus Maguates et alios de Consilio ipstus Domini Regis rogavit quod pro eo Dominum Regem requirerent ut Ante Pronuntiationem Judicit ipsum ad gratiam suam admitteret Et Dominus Rex ad instantiam eorundem Magnatum de gratia sua speciali hoc idem ipso Archiepiscopo concessit Et idem Archiepiscopus humiliter supplicavit quod possit de omnibus praemissis alto basso Voluntati Domini Regis se submittere Which the King assenting to at the Lords request Dictum est eidem Archiepiscopo sub gravi forisfactura quod non recedat à Parliamento isto â—onec super praemissis Domini Regis audivit voluntatem Postea venit praedictus Archiepiscopus et fecit finem Domino Regi pro Transgressione praedicta pro quatuor millibus marcarum per scriptum suum obligatorium 5 others being bound with him for due payment thereof to the King It is observable that in all these Pleas Proceedings Judgments there is no mention at all of the Knights Citizens Burgesses or Commons in Parliament no sharâ—rs in them but only of the King Archbishops Bishops Earles Barons Justices and Kings Counsell 4ly The power of the Kings Counsell and Judges in Parliament is evident by sundry Prefaces to and passages in our printed Acts of Parliament as namely by the preface of the printed Statute of Bigamie 4. Octoâ— An. 4. Ed. 1. In the presence of certain Reverend Fathers Bishops of England and OTHERS OF THE KINGS COVNSELL the Constitutions underwritten were recited after heard and published before the King and HIS COVNSELL forasmuch as ALL THE KINGS COVNSELL AS WELL IVSTICES AS OTHERS DID AGREE that they should be put in writing for a perpetual memory and that they should be stedfastly observed c. By the exposition of the Statute of Gloucester An. 6. E. 1. made by the King and HIS IVSTICES By the Statute of Morâ—main An. 7. E. 1. which recites Wee by the advice of our Prelates Lords Barons and other our Subjects BEING OF OVR COVNSELL have provided made and ordained c. By the Statute of Acton Bnrnell 13. E. 2. Forasmuch as Merchants c. The King for himself and BY HIS COVNSELL hath ordained and established c. The Prologue to the Statute of Wesâ—m 2. An. 13. E 1. Whereas of late our Lord the King the 6. year of his reigne calling together the Earles Prelates Barons and HIS COVNCELL at Glocester c. so as there were writs of summons then issued to them all though not entred in the Clause Rolls of 6. Ed. 1. nor any other now extant By the Statute of Merchants An. 13. E. 1. The King and HIS COVNSELL at his Parliament holden at Acton Burnell the 11. year of his reigne â—ath Ordained establishments thereupon for the remedy of such Merchants which Ordinances and establishments the King commandeth that they shall be firmly kept throughout the Realme By the Statute of Wast Anno 20. E. 1. Other Instices with the more part OF THE KINGS COVNSELL were of the contrary opinion c. Wherefore our Lord the King in his full Parliament in the 20th year of his reigne by A GENERALL COVNSELL hath ordained c. Articuli super Chartas An. 28. E. 1. c. 2. Neverthelesse the King and HIS COVNSELL do not intend by reason of this estatute to diminish the Kings Right for the ancient Prises due and accustomed And ch 20. Notwithstanding all these things c. both the King and HIS COUNSELL and all they that were present at the making of this Ordinance will and intend that the right and prerogative of his Crown shall be saved to him in all things The Statute for Escheators Anno 29. E. 1. At the Parliament of our sovereign Lord the King By his Counsell it was agreed and also commanded by the King himself c. according to advice of c. Treasurer to the King Chancellor and other of the Counsell there present before the King c. By the New Statute of Quo Warranto 30 E. 1. Cum nuper in Parliamento nostro aâ—uâ— Westm. per Nos et Consilium nostrum provisum sic et Proclamatum quod Praelati Comites Barones alii c. By the Ordinance for Inquests 33. E. 1. It is agreed and ordained by the King aud all his Counsell c. By Ordinatio pro statu Hyberniae An.
17. E. 1. made and agreed on at Nottingham By the assent of our Counsell there being By the Preface to Articuli Cleri 9. E. 2. In our Parliament holden at Lincolnâ— the 9th of our reigne We caused the Articles underwritten with certain Answers made to some of them to be rehearsed before Our Counsell and made certain Answers to be corrected and to the residue of the Articles underwritten answers were made By us and our Counsell of which Articles and Answers the tenours here ensue By the Statute of Gavelet An. 10. E. 2. It is provided by our Lord the King and His Iustices c. By the Statute De Terris Templariorum 17. E. 2. It was moved in Parliament in the presence of the Prelates Barons Nobles and Great men of the Realm and others there present Whether the Order of the Templers being dissolved the King and other Lords of the fees might retain them by the Law of the Realme and with safe conscience Whereupon the Greater part of the Kings Counsell as well the Iustices as other Lay-Persons being assembled together the said Iustices affirmed precisely That our Lord the King and other Lords of the fees aforesaid might well and lawfully by the lawes of the Realme retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But upon other grounds of Conscience they setled them on the Hospitall of S. Iohns of Ierusalem by this Statute 1. E. 3. c. 3. But it is not the mind of the King nor of His COUNSELL that they who have sold ther Lands c. should have any benefit of this Statute The Prologue of the printed Statute of 1. E. 3. Parl 2. At the request of the Commonally by their Petition made before the King and HIS CONSELL in Parliament by assent of the Prelates Earles and Barons c. 9. E. 3. c. 1. Our Sovereign Lord the King desiring the profit of his people by the assent of his Prelates Earles Barons and other Nobles of his Realm summoned at his present Parliament and By the aâ—vice of his Counsell being there c. hath ordained and established the Statâ—â—te of Money 9. E. 3. c. 7. When and where it shall please us and OVR COVNSELL to make Exchanges 11. E. 3. c. 1. Till by the King and his COVNSELL iâ— he otherwise provided 14. E. 3. c. 5. The Chancellor Treasurer the Justices of the one Bench and of the other and other OF THE KINGS COUNSELL 14. E 3. Stat. 3. Of the Clergy Prologue Wherefore Wee their petition seen and regarded and there upon deliberation with the Peers of the Realme and other of OVR COVNSELL and of the Realm c. have granted c. And ch 5. Our Chancellour and Treasurer taking to them other of our Counsell c. 20. E. 3. Prologue By the assent of the Great men and other wise men of Our Counsell We have ordained these things following And c. 5. We have ordained to come before us at a certain day or before them whom we shall depute of Our Counsell 23. E. 3. c. 8. should be converted to a publick and common profit by advise of His Counsell And alwayes it is the intent of the King and of His Counsell that according to the first Ordinance it should be lawfull and shall be lawfull for every man c. 25. E. 3. of Labourers Prologue It was ordained by our Sovereign Lord the King and by assent of the Prelates Earles Barons and other of His Counsell 25 E. 2. Stat. 2. Of those born beyond the Seas Our Sovereign Lord the King willing that all doubts and ambiguities should be put away and the Law in this case declared and put in a certainty hath charged the said Prelates Earles Barons and other wise men of his Counsell assembled in this Parliament to deliberate upon this point which of one assent have said That the Law of the Crown of England is and alwayes hath been such c. 25. E. 3. Parl. 5. c 2. of Treasons And if percase any men of this Realme endeavour covertly or secretly against any other to slea him or to rob him or take him or retein till he hath made fine or ransome or to have his deliverance it is not the mind of the King Nor His Counsell that in such cases it shall be judged Treason but shall be judged Felony or Trespasse according to the Laws of the Land of old time used and according as the case requireth And chap. 4. It is accorded assented and stablished that from henceforth none shall be taken by petition or suggestion made to our Sovereign Lord the King or to his Counsell unlesse it be by Inditement or presentment of his good and lawfull neighbours 25. E. 3. Parl. 6. Statute of Provisors Whereas in the Parliament of Edward King of England Grandfather of the King that now is the 25. of his reigne holden at Carlile the Petition heard put before the said Grandfather and HIS COUNSELL by the Commonalty of his Realm c. 27. E. 3. c. 1. Provisors shall have day containing the space of two moneths by warning to be made to them c. to be before the King and HIS COUNSELL or in his Chancery or before the Kings Justices in his places of the one Bench or the other or before other the Kings Justices which shall be deputed to the same to answer in their proper persons to the King of the contempt done in this behalf ch 2. It is assented by the King and all his Counsell 27. E. 3. of the Staple ch 21. That the same Mayor and Constables do not ordain any thing contrary to these Ordinances nor make interpretation nor exceptions to them otherwise then the words purport but if there be any thing that is doubtfull it shall be shewed unto Our Counsell and there declared by good advise ch 23. And in case that debates arise betwixt them upon the discussing of any plea or quarrell the tâ—nour of the said Plea or quarrell shall be sent before the Chancellor and other of Our Counsell to be by them determined without delay ch 25. And now late it is done Us and our Counsell to understand by the complaint of the said Merchants ch 28. And in case any thing be to be amended added changed or withdrawn of any of the said points in time to come by a true cause we will that the same be done by deliberation and advice of the Great men and Other of our Counsell in Parliament 31. E. 3. Stat. 2. c. 3. It is accorded by our Sovereign Lord the King the Great men and all the Commons in this present Parliament that the Chancellor and Treasurer taking unto them the JUSTICES and OTHER THE KINGS COUNSEL such as to them shall seem meet shall have power to ordain remedy of the buying and selling of Stockfish of St. Botulfs and Salmon of Barwick and of Wines and Fish of Bristow and elsewhere and that the Ordinances by
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by