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
them made in this party be firmly holden The offenders against the Ordinance of Fish made in 31. E. 3. c. 2. are to be attached and detained in Prison as Rebels and Transgressors till the King and HIS COUNSEL have ordained of them that right requireth after the quality of their Trespasse 34. E. 3. c. 21. By assent of the King and of HIS COUNSEL passage was granted of Wools and other Merchandises of the Staple to Denizens contrary to the Ordinance of the Staple that only Merchants Aliens and no Merchants Denizens should transport them which passage was confirmed by Parliament and this Act. 35 E. 3. Upon doing us and OUR COUNSELL TO UNDERSTAND c. It was adjudged by US AND OUR COUNSEL that the Fishers of herrings at Great Yermouth should be free to sell their herrings to all people that will come to the faire of Yermouth without disturbance of their host or any other and accordingly enacted by this Parliament The printed Pardon granted by the King in Parliament An. 36. E. 3. was prayed by the Commons to be shewed to the Kiâ—g and to HIS COVNSELL and to the other Lords ere passed according to the tenour of the Commons Petition 37 E. 3. c. 15. Clotâ— makers and Drapers shall be constrained by any manner way that best shall seem to the King and his Counsel that the Ordinance of new Apparell be in no point broken 37 E. 3. c. 18. enacts That those who make false suggestions to the King be sent with the said suggestions before the Chancellor Treasurer and His Counsil and that they there finde surety to pursue their suggestions and incurr the same pein that the other should have had if he were attainted in case that his suggestion be found evil 38 E. 3. c. 11. enacts That all Merchants Denizens may pass into Gascoigne and bring in Wines from thence without any disturbance or impeachment Alwayes provided to the King that it may be lawful to him whensoever it is advised to him or to His Counsil to ordain of this article in the manner as best shall seem to him for the profit of him and his Commons 38 E. 3. c 3. Provisors and Offendors against this Act who do not present themselves before the King or His Counsil within two moneths after that they are thereunto warned c. shall be punished according to the Statute of 27 E. 3 and otherwise as to the King and His Counsil shall best seem to be done without any grace pardon or remission And Cap. 5. if any person maliciously or falsly make any pursute against any person as a Provisour and be thereof duly attainted he shall be duly punished at the Ordinance of the King and His Counsil and nevertheless he shall make gree and amends to the party grieved The Statute of 42 Edward 3. c. 3. made upon a Petition of the Commons in Parliament beginning thus Plese a nostre Seigneur le Roy son BON COVNSEL pur droyt governement de son peuple Ordeigner Which complains that diverse upon false and malicious suggestions have been taken and caused to come before the Kings Counsil by writ and other command of the King upon grievous pein against the Law To these I might superadd the Statutes of 1 R. 2. c. 4. 3 R. 2. c 3. 5 R. 2. c. 2. Stat 2. 6 R. 2. Stat. 2. c. 1. 8 R. 2. c. 4 10 R. 2. c. 11. 11 R. 2. c. 2 6 7 12. 12 R. 2. c. 1 2 10. 13 R. 2. c. 2. 18. Parl. 2. c. 3. 16 R. 2. c. 5 17 R. 2. c. 5 6 7. 1 H. 4. c. 6 7 9 13. 4 H. 4. c. 4 23 30. 1 H. 5. c. 6. 2 H. 5. c. 8. Parl. 2. c. 2. 9 H. 5. c. 3 5. 1 H. 6. c. 1 5. 2 H. 6. c. 6. 4 H. 6. c. 5. 8 H. 6. c. 13 27. 10 H. 6. c. 3 4. 14 H. 6. c. 2. 27 H. 6. c. 11. 31 H. 6. c. 1. â—3 H. 6. c 3. 14 E. 4. c. 1 2. 17 E. 4. c. 1. 3 H. 7. c. 1. 4. 4 H. 7. c. 4. 11 H. 7. c. 7. 25. 19 H. 7. c. 1. 13 18. By all which and other Acts as likewise by Mr. William Lambards Archaion p. 118. to 216. compared with Cooks 4 Institutes c. 5. and the records in My Plea for the Lords p. 273 330 331 385 390 398 399 418 419 420 505 507. the Authority Power Jurisdiction use proceedings of the Kings Counsil and Justices both in and out of Parliaments is fully explained declared to which I shall subjoyn two memorable records for a Conclusion hereof Claus 37 H. 3. dors 7. Rex Ricardo Comiti Cornubiae salutem Alias allocuti sumus Episcopum Sarum quod intenderet Consilio nostro praebuit se difficilem propter quod ad praesens nolumus habere alios Consiâ—â—arios quà m ordinavimus sicut scitis sed cum aliqua difficultas emerserit super Iudicium reddendum vel aliis communibus negotiis taâ—â— gentibus legem terrae bene placet Nobis quod ad hoc intendat cum à Vobis interpellatus ad ipsum vocandum cum hujusmodi necessitas evenerit plenam Vobis concedimus potestatem Teste Rege apud Portsmouth 7 die Augusti By this record it is evident That the Kings Counsil in those dayes usually gave judgement in cases of difficulty and other common cases concerning the Law of the realm calling those who were learned in the Laws for Assistants therein Of which amongst many others we have a memorable president in the Pleas of Mich. 53 54 H. 3. rot 37. in the case of Assise of Mortdauncester brought by Alexander King of Scots against Iohn de Burgo for the Mannor of Westlye with its appurtenances before G. de Preston and other Justices in Eyre who determining nothing therein thereupon King Hen writ to the Justices to proceed to a speedy determination or else to adjourn it coram Nobis et Consilio nostro in Quindena Michaelis which they did When the King of Scots appearing by his Attorney and Iohn de Burgo in person before S. de Litlebyr Sociis suis Iusticiariis de Banco Rich de Middleton then the Kings Chancellor Thomas Basset Robert Augulon and Mr. Richard Staneâ— they resolved that the writ of Mortdancester would not lie in that case claiming both as heirs to one Ancestor but because the King of Scots title to it was as heir to Margaret wife of Hubert de Burgo they said to Iohn de Burgo that he should shew cause Quare praedictus Rex Scotiae praedictuÌ„ Manerium habere non debeat And so much touching the Counsils power and jurisdiction in former times Whose excessive power in later ages incroaching upon the Ordinary Courts of Justice Freeholds Liberties Properties of the Subjects to their great oppression and vexation thereupon in the late Parliament of 16 Caroli Cap. 10. there was an excellent Act made For Regulating the Privy Counsill and for taking
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
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
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
Faith Homage Allegiance they owe unto the King to appear in proper person in their Parliaments and that with a Quanunque excusationâ— cessant◠〈◊〉 salvationem Regni nostri Ecclesiae Anglicanae expeditionem dictorum negotiorum diligitis Nullatenus omittatis c. as the Writs enjoyn them And the Writs de Expensis Militum Burgensium levandis issued only after each Parliament ended not before allowing every Knight Citizen Burgesse and Baron of the Ports his wages In Ueniendo Morando et Redeundo both in coming to continuing at and returning from the Parliament when dissolved forfeited by his departure thence without special license It must needs be the highest contempt against the Kings authority the greatest injury affront to the persons summoned and those for whom they serve as Trustees or Attornies the most audacious apparent violation of the Priviledges and Freedome of Parliaments for any person or persons whatsoever by meer armed force or other Machiavillian practises to suspend or seclude any Lord or other Member duly summoned elected retorned from sitting voting and discharging his trust in the Parliament House Which the King and all his loyal subjects are bound in publick Justice carefully to prevent as is evident not only by the forecited passages and Records p. 27. 28 177. 219. to 222. but by these two memorable Writs and Patents purposely issued for this purpose in the case of the Archbishop of York There happening many differences between the Archbishops of Canterbury and York in former times about carrying up their Crosses before them in one anothers Provinces when summoned to Councils and Parliaments to the great disturbance of the publick peace and proceedings in Parliament oft interrupted prorogued adjourned by this meanes and their absenting themselves from them when summond out of their own Provinces the Parliament at York as some others before it being adjourned upon this occasion Anno. 6. E. 3. as the Writ of Prorogation to the Archbishop of Canterbury Claus. 6. E. 3. m. 4. dorso recites hereupon the King to prevent the like inconveniencies and Archbishops absence issued this special writ to the Archbishop of Canterbury not to prejudice or interrupt the Archbishop of York or his servants for carrying his Crosse before him within his Province nor to enforce them to lay it down in coming to continuing at and returning from this Parliament at Westminster to which he was summoned Rex Venerabili in Christo Patri eadem gratia Archiepiscopo Cantuariensi totius Angliae Primati Salutem Cum dudum tempore celebris memoriae Domini Edwardi nuper Regis Angliae patris nostri inter tunc Archiepiscopum Cantuar. praedecessorem vestrum Venerabilem Patrem Willielmum Archiepiscopum Ebor-Angliae Primatem pro malis dissensâ—onibus quae saepius ex bajulatione Crucis Praedecessorum vestrorum in Eboracensi Provincia Cruciâ— Archiepiscoporum Eborum in Provincia Cantuariensi oriebantur sedandis pacificandis fuisset in praesentia ipsius Paâ—ris nostri Praelatorum aliorum Magnatum de Regno nostro plurimorum ut pro certo dedicimus ordinatum Quod praefatus Praedecessor vester successores sui ad Parliamenta Tractatus dicti Patris nostri Haeredum suorum quae infra dictam Ebor. Provinciam teneri contigerint praefatus Eboracensis Archiepiscopus ipsius successores ad hujusmodi Parliamenta Tractatus infra dictam Camuar Provinciam tenenda ad mandatum ipsius Patris nostri haeredum suorum venientes Cruces suas ante se erectas portarent absque perturbatione inibi facienda NE REGIA ET COMMUNIA REGNI N. GOTIA EA OCCASIONE IMPEDIENTUR ac praefatus Archiepiscopus Eborum ad Parliamentum nostrum quod apud Westmon in crastino Nativitatis Mariae Virginis prox futur tenere ordinavimus ad tractandum Nobiscum ac cum Praelatis Magnatibus Regni nostri super diversis arduis negotiis Nos Statum Regni nostri contingentibus jam de mandato nostro sit venturus Nos nolentes nostra Regni nostri negotia occasione dissensionum hujusmodi aliqualiter retardari sed volentes concordiam praedictam quantum ad Nos attinet firmiter observari Vobis injungendo mandamuâ— quod eidem Archiepiscopo Eborum seu hominibus suis super bajulatione Crucis ejusdem Archiepiscopi ante se infra vestram Provinciam in veniendo ad dictum Parliamentum ibidem moran do exinde ad propria redeundo non inferatis seuper alios inferri vel procurari aliqualiter faciatis dampnum vituperium impedimentum aliquod seu gravamen contra formam concordiae memoratae Teste Rege apud Kyderminster xviil die Augusti Anno Regni sui sexio And lest any others by the Archbishop of Canterburies instigation and menaces of excommunication should instigate any Officers or others as his Predecessors had done to interrupt the Archbishop of York or his servants and deny them meat drink or lodging for their monies for carrying his Crosse erected before him within the Province of Canterbury the King directed this special Inhibition and Mandate to them of the same tenour and date with the Writ to the Archbishop by these Letters Patents Rex Vicecomitibus Majoribus Ballivis omnibus aliis fidelibus suis tam infra libertates quam extra ad quos c. salutem Cum Venerabilis Pater Willielmus Archiepiscopus Ebor. Angliae Primas ad Parliamentum nostrum quod apud Westm. in crastino Nativitatis beatae Mariae Virginis prox futur tenere ordinavimus de mandato nostro sit venturus Vobis mandumus quod eidâ—m Archiepiscopo aut hominibus suis in personis aut rebus eorum super bajulatione Crucis ipsius Archiepiscopi ante se in veniendo ad dictum Parliamentum nostrum ibidem morando exinde ad propria redeundo non inferatis seu quantum in vobis est ab aliis inferri permittatis dampnum impedimentum aliquod seu gravamen sed eis potius salvum securum conductum cum per destrictum vestrorum local transitum fecerint suis sumptibus habere faciatis quotiens quando per ipsos seu eorum aliquoâ— super hoc ex parte nostra fueritis requisiti In cujus rei c. has literas fieri fecimus Patentes usque ad festum Omnium Sanctorum prox futur duraturas Teste Rege apud Kyderminster 18. die Augusti Anno Regni sui sexto Per Breve de Privato Sigillo If our Kings had then so great a care that neither of these two Prelates nor their successors nor any other of his officers or subjects by their instigation should interrupt or disturbe each other about this great controversie of Crosse-bearing within each others Province in coming to residing at or returning to any Parliaments to which our Kings and their heires should legally summon them nor seclude each other from sitting in them upon any pretence or difference between them Then by the self same reason
all other lawfull Members both of the Lords and Commons House ought to enjoy the self same Protection Priviledge Freedome immunity and no wayes to be interrupted molested disturbed by any other Officers Subjects Persons or Members whatsoever from freely repairing to residing in or returning from our Parliaments much lesse to be forcibly secluded out of them by armed guards new oaths or popular tumults Neither may can ought the House of Commons alone nor any prevailing party in it to exclude eject any duly elected returned Member once admitted without any Legall accusation tryal cause at all nor yet for betraying of his trust or misdemeaning himself as a Member after his election nor for any real offence as a Member without and against the Kings and Lords concurrent Judgments and assents in whom alone the power of Iudicature resides in such as well as in all other causes as I have elsewhere evidenced by unanswerable Presidents and the rules of right reason he being summoned only by the Kings Writ and authority impowred trusted by his electors only as their peculiar Trustee Atturney not his fellow Knights Citizens Burgesses to do and assent to such things as shall be ordained by the King Nobles and Common Counsell of the Realme touching the weighty publike affairs of the King and Kingdoms and obliged antiently by Manucaptors and since by their Indentures of retorn and our Laws not to depart from the Parliament without the Kings special license under pein of his indignation and other penalties Therefore no more to be suspended secluded ejected imprisoned by his fellow-Commoners without the Kings and Lords concurrent Judgements and Assents than one Judge or Justice on the Bench can unjustice unjudge uncommission another one Trustee Executor or Attorny discharge his fellow Trustees Executors Attornies of their trusts one Grand-Jury man thrust another out of the panell without the Judges consent or one Common Counsel man of a City or Livery man of a Company disfranchise and discommon another without the consent or judgement of the Mayor and Aldermen of the City or Master and Wardens of the Company whereof they are Members Whatever exorbitant irregular practices have of late times been usurped by or presidents made in the Commons House to the contrarie almost to the total if not final subversion of all future Parliaments and their privileges It being a Maxim in Law and Reason Par in parem nonhabet Imperium multo minus Superioritatem especially in the Kings own Parliament and Supreme Court of Justice wherein himself and his Nobles only sit as supreme Iudges not the Commons as a distinct Court and independent Judicature of themselves as some would fancy them in their Utopian brains and practises much less can they â—eâ—â—ude vote down any Members of the House of Peers or the whole antient House of Lords or dishinherit them of their Birthrights as some furious Bedlam Members of a dismembred dissolved House of Commons have most insolently and injuriously without hearing trial against their own Acts Declarations Protestations Vowes Covenants Commissions Trusts attempted to intrude themselves into their places and Tribunals and make themselves more than Lords and Caesars not only over their Fellow-Commoners but our Kings Peers Parliaments and Kingdomes which they have trampled under their Papall feet and metamorphosed at their pleasures into sundry mishapen mutable unsetled new models to our apparent approaching ruine if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations 20. That if the forcible seclusion or disturbance of any Lord or Member of the Lords House duly summoned who ought of right to sit vote in the Lords House be so great a breach of Priviledge Injury as I have evidenced then the forcible suppression seclusion of all the ancient Peers and House of Lords by any real or pretended Members of the late House of Commons contrary to the expresse Clauses Formes of all ancient Writs and the very writs in 16. Caroli without any legal jurisdiction hearing triall must needs be a greater breach of trust Priviledge Injustice in them fit to be redressed for the future peace Justice settlement of our distracted Nations and restoring our Parliaments to their pristine Splendour Honour ends uses for the redressing of all publick Grievances If any Republicans Army Officers New Grandees or others here object as some now do That it will be both perillous and inconvenient to the Subjects the House of Commons and its Members to restore the ancient Lords and House of Peers to their pristine Rights Priviledges Jurisdiction Judicature over them in that latitude I have asserted evidenced it by Histories and Records in my Plea for them without prescribing some new just bounds and regulations unto them by the Commons House I answer 1. That the Lords being the only original ancient Members of our Great Councils Parliaments many hundreds of years before any Knights Citizens Burgesses or House of Commons were called admitted to them by the King and House of Lords and receiving no power Judicature or Jurisdiction at all from the Commons but what they have of right enjoyed exercised in all precedent ages without the least complaint opposition or contradiction of the Commons in any former Parliaments before 17. Caroli The Commons have no more authority right reason â—urisdiction to limit or restrain this their ancient right Judicature Priviledge much lesse to abrogate then the Grand or Petty Jury have to limit regulate the Judges or Justices Commissions Authority on the Bench or the Tenants the Jurisdiction of their Lords Courts or every Committee of the Commons House the Excesses of the House it self or the Unparliamentary Iuncto which voted them down and engaged against them without the least colour of Jurisdiction Law reason hearing impeachment triall had to usurp such a transcendent power over them not to be paralelld in any age nor now approved by assenting to it 2ly That the old Lords and House of Peers in no cases ever exercised such an exorbitant arbitrary tyrannicall Jurisdiction Illegall power in all kinds as the Commons House and every of their Committees and Sub-Committees of Examinations Sequestrations Compositions Sale of Delinquents estates Crown Lands Obstructions Appeales Scandalous Ministers and High Courts of Iustice have done without the least Report to the House it self of their proceedings both over the King and his Posteritie the Peers of the Realme their fellow Members secluded secured imprisoned close imprisoned ejected exiled by them without any cause or hearing at all and their fellow Commoners of all sorts deprived of their Inheritances Estates Offices Liberties Callings Lives and the benefit of the Lawes themselves for not taking their new Oathes and Engagements contrary to Law and their former legall Oathes Leagues and Solemn Covenant and Protestation wâ—â—hout a legal Indictment or trial by a Jurie of their equalls or witnesses viva voce upon Oath since their slighting suppressing of the old
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
The FIRST PART of a Brief Register Kalendar and Survey of the several Kinds Forms of all Parliamentary VVrits COMPRISING In 3. Sections all Writs Forms of Summons to Great Councils Parliaments Convocations in the Tower from the 5th of King Iohn 1203 till 23 Edw. 4. 1483 to all sorts of Spiritual and Temporal Lords Great-men Members of and the Kings Counsil Assistants to THE HOUSE OF LORDS With other Rare Writs and 4. Exact Alphabetical Chronological Tables 1. Of all Abbols Priors Masters of Orders Clergy-men except Bishops 2. Of all Dukes Earls Forreign Kings Marquesses Princes of Wales 3 Of all Lay Barons Lords Vicounts Great men 4. Of all the Kings Counsil Justices Clerks or other Officers with the several numbers of each of them and of Bishops summoned to every Council Parliament and the Years Rolls Dorses in every Kings reign wherein their names are recorded Illustrated with choice usefull Annotations Observations concerning these Writs differences alterations entries in the Clause Rolls the Stiles Titles Additions of Patriarcha Cardinalis Electus Confirmatus Magister c. given in them to Spiritual of Baro Miles Dominus c. to Temporal Lords with their Baronies Fealty Homage Oaths right of Session Iudicature The Clergies forms of Procurations Exemption from Taxes by the Laity Our Kings Prerogative to call prorogue dissolve Parliaments hold them by a Custos Regni or Commissioners by Patents here cited to create Peers Barons by Patent special not general Writs here registred to summon extraordinary Members Assistants Their propriety in Parliaments dissolved by their deaths The Power of their Counsil in and out of them The Constitution Jurisdiction Proceedings Privileges Ends Duties of English Parliaments Lords Commons Their inconsistence with armed guards seclusion of Members by force oathes menaces and with Scotish or Irish Intruders Their late differences from Councils Parliamentum when first used in Writs Acts Histories c. With other particulars Publishing more Rarities rectifying more Errors in vulgar Writers touching our Parliaments than any former Treatises of this Subject By WILLIAM PRYNNE Esq a Bencher of Lincolnes Inne Mercurius Trismegistus In unaquaque arte tanta ducimur caecitatis caligine ut maxima part eorum quae scimus sit minima pars eorum quae ignoramus LONDON Printed for the Author and sold by Edward Thomas in Little Britain and Henry Brome in Ivy Lane 1659. To the Ingenuous Readers especicially those of the Long Robe and more Noble or Generous English Extraction THere are 5. grand Defects of very publike concernment highly tending if not to the dishonor yet certainly to the great disservice prejudice of our Kingdom Parliaments great Officers of State Nobility Gentry Nation and more especially of the Professors and Profession of the municipall Laws which I have for many years last past not only much admired at and exceedingly deplored but also used my best endeavors to get supplied so farr as there was â—ny probability to effect it The 1. is the irreparable losse of all the Parliament â—olls during the Reigns of our antientâ—â—t Kings from William the 1. till 5 E. 2. â— the first Roll of that kind now extant and of many other of those Rolls since during the Reigns of Edw. 2. and 3. with the not publishing in Print those Parliamentary Rolls and Records yet extant by publike Order for the benefit of Posterity to prevent their suppression destruction Embezelling by fire warr casualties tâ—e negligence or present malice of some Iesuitical Furies or illitâ—rate Animals instigated thereunto by Hugh Peters his misintituled Pamphlet Good work for a good Magistrate printed 1651. p. 96. Where after his proposal of a short new Modell for the Law he subjoyns This being done Iâ— IS VERY ADVISABLE TO BURN ALL THE OLD RECORDS YEA EVEN THOSE IN THE TOWER THE MONVMENTS OF TYRANNY Which desperate bedlam advise of his I have elsewhere at large refuted as most pernicious to the publike and to all Corporations and Landed men The 2. is the great want of an Exact Collection out of the Clause Parliament and Statu'e Rolls of all Statutes Ordinances and Acts of Parliament made before the use of Printing them immediately after the Parliaments conclusion or during their Sessions came in fashion all our Statutes at large and the Abridgments of them even Ferdinando Pultons of Lincolns Inne Esq. the best most refined having sundry Spurious Impostures printed in them under the Titles of Acts Statutes and Ordinances of Parliament which in verâ—ty are neither of them but only particular Writs or Instuctions of the King to the Iustices and other Officers by advise of his Counâ—l out of Parliament Such are the Stâ—tutes De circumspecte agatis said to be made in 13. E. 1. resolved to be no Statute but made by the Prelates alone M. 19. E. 3. Fitz. Jur. 28. The Statutes of Protections Champerty and Conspirators in 33 E. 1. De conjunctim feoffatis in 34 E. 1. Ne rector prosternat arbores in caemiterio in 35 E. 1. The Statute for Knights 1 E. 2. of Gavelet 10 E. 2. with sundry others as the very form words penning of them demonstrate being transcribed only out of the Clause or Patents not Parliament or Statute Rolls Besides these there are some forged Acts and Statutes printed in these Statute Books not extant in the Statute Rolls that remain intire yea there are sundry misprisions in printed Statutes varying both in form substance from the Statute Rolls wherein they are recorded omitting some material words and clauses adding and altering others most of the publishers of our Statutes taking them upon meer trust as they found them transcribed by others but never examining them by the Statute Rolls Original Records as is most apparent by their mistakes of the very times and dates of some Statutes by their printing others of them without any date as made during the reign of King H. 3. Ed. the 1. or 2. BUTUNCERTAIN WHEN ORIN WHICH OF THEIR TIMES by the manifold variances between their Printed Books and the Statute Rolls of which I have given you a particular account in my Table to the Eâ—act Abridgement of the Records in the Tower the Compiler whereof was mistaken in this That the Statute of 2 R. 2. c. 5. touching tellers of News or Lyes of Noblemen or Counsellors is not in the Record nor any mention thereof it being recorded at large in French in the Statute Roll of the first Parliament that year wherein it is printed though not in the second as I can attest upon my own view of the Statute Roll it self Besides these Impostures and Variances there are many useful Acts in the Parliament and Clause Rolls totally omitted out of all our Printed Statute-Books some whereof I have heretofore published in my Irenarches Redivivus The 3. is the Grand deplorable Deficiency of such an Exact Chronological History of all the Great Councils Synods Parliaments of England with their several Canons Acts Ordinances Proceedings
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
Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
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
besides most of them in the preceding Catalogues subâ—data â—pud Windesore 14. die Februar when as the writs to the spiritual and temporal Lords bear date thence 8. die Januar. Claus. Anno 7. E. 2. d. 27. There is a like writ issued to Roger le Brabazon and 29 others I find this memorable writ issued to Willielmo de Bereford Chief Justice of the Common Bench Claus. 9. E. 2. d. 20. varying from the first there issued to him and the rest of the Counâ—ill Rex dilecto fideli suo Willielmo de Bereford Quia Volumus Vobiscum una cum caeteris de Consilio nostro in Parliamento nostro quod apud Lincoln in Quindena Sancti Hillarii prox futur secimus summoâ—eri super Negotiis Nos tangentibus habere Colloquium Tractatum Vobis mandamus firmiterâ— injungentes quod magis ardua negotia coram Vobis sociis vestris in instanti termino Sancti Hillarii cum omni deliberatione qua poteritis expediatis Ita quod sitis in dicto Parliamento nostro viz. sexto die post Quindenam supradictam ad tractandum ibidem nobiscum cum caeteris de Consilio nostro super negotiis antedictis Onerantes dilectos fideles nostros Lambertum de Trikingham Iohannem Bacun Justiciarios nostros Socios vestros de Banco praedicto quod residua negotia in Banco preaedicto expediant cum festinatione qua poterunt sucundum legem consuetudinem Regni nostri Et hoc nullatenus omittatis T. Rege apud Clipston 27. die Decembris I find this memorable Writ recorded in Claus. 7. E. 2. dors 25. Rex dilecto fideli suo Iohanni de Insula salutem Cum pro diversis arduis negotiis Nos Statum Regni nostri tangentibus ordinavimus Parliamentum nostrum apud Westm. die Dominica prox post festum Sancti Matthei Aposteli prox futur tenere Vobiscum cum caeteris de Consilio nostro super dictis negotiis habere Colloquium Tractatum per quod vobis mandavimus quod dictis die loco interlitis Nobiscum cum caeteris de Consilio nostro super dictis negotiis tractatur Ac jam intelligimus quod vos unà cum quibusdam aliis ad Assisas tam in Episcopatu Dunolm quam in diversis Com. versus partes boriales capiend certos dies statim post dictam diem Dominicam praefixistis unde plurimum miramur praesertim cum per captiones Assisarum si durante dicto Parliamento nostro procederent negotia nostra in eodem tractanda possent non mediocriter perturbari Vobis mandamus firmiter injungentes quod omnibus hujusmodi captionibus Assisarum omnibus aliis praetermissis dicta die Dominica apud Westm. modis omnibus intersitis Nobiscum cum caeteris de Consilio nostro super negotiis praedictis tractatur Et hoc sicut indignationem nostram grave dampnum vestrum vitare volueritis nullo modo omittatis T. Rege apud Windesore sexto die Septembris Per Breve de Privato Sigillo Eodem modo scribitur subscriptis viz. Thomae de Fisheburn Hugoni de Louthre Ricardo de Berningham Ade de Middleton Iohanni de Dancastr exceptis illis Verbis tam in Episcopatu Dunolmens quam From which writ is apparent 1. That the Justices of Assises were usually summoned by writ to Parliaments as Members of the Kings Counsil as the words cum caeteris de Consilio nostro thrice repeated in it and in other writs demonstrate 2ly That their summons by writ to attend and counsell the King in Parliament was a super sedeas to them to take Assises during the Parliament and their proceeding to take Assises notwithstanding inconsistent with their attendance in Parliament yea a contempt and offence punishable by the King 3ly That the Assises and Suits of private persons ought to give place to publick affaires of the King and kingdome in Parliament and to be deferred when they may hinder or disturbe the affaires of Parliament or keep any Members or Assistants from their personal attendance in them when summoned to them In the Clause Roll of 8. E. 2. dors 35. There is no Writ at all to the Kings Justices and Counsill but in the Eodem modo I find sundry of them here and there promiscuously inserted amongst the Barons names and not after them as usually in other Rolls sc. Iohanni de Hotham Waltero de Norwico Iohanni de Foxle Rogero la Brabazon Gilberto de Roubery Willielmo Iâ—ge Iohanni de Insula Henr. le Scrop Henr. Spigurnel Iohanni Benstede Lamberto de Trikingham alwayes listed amongst the Justices and Kings Counsil in precedent Rolls and in 7 E. 2. d. 27. the very next before this and those succeeding it In Cl. 8. E. 2. d. 29. the Counsil are coupled together with the Barons in the Eodem modo mandatum est without any writ with a space of distinction between them all of them after the Lords without intermixture with them being in all 33. In Cl. 9. E. 2. d. 22. They are named only in the eodem modo with a small distance after the Lords being in all 34. without any special writ entred In Claus. 12. E. 2. d. 29. in Cedula There is no special writ to any of the Counsil entred but only a list of their names in the Eodem modo being 24. in number 2. of them escheators Vltra citra Trentam others of them Deacons Archdeacons Clergy-men and Iustices with Magistro Iohanâ— de Walewayn Thesaur Regis And likewise in Claus. 12. d. 11. they are listed in the same manner being but 25. whereof two were the Escheators fore-named And in Claus. 13 E. 2. dors 13. they are listed in the same form being 25. and in Claus. 14 E. 2. d. 29. where they are 32. Claus. 14. E. 2. d. 5. there issued a writ in the usual form Willielmo de Bereford and 37 others whereof 2. were Escheators and the Dean and a Canon of Yorke two others Cl. 15 E. 3. d. 16. there is the like writ sent to him and 33. more Cl. 16. E 2. d. 26. the like writ to him and 22. others And Cl. 19 E. 2. d. 7. the like writ to him and 22. besides the Dean of Yorke being one of them as in most of the precedent lists Cl. 20 E. 2. d. 4. the writ issued Waltero de Norwico and 22. more In Clause 1 E. 3. pars 2. d. 16. there is this writ issued somewhat different from the precedent Rex dilecto et fideli suo Waltero de Norwico salutem Quia super magnis et arduis negotiis Nos et statum Regni nostri tangentibus Vobiscum et cum Praelatis Magnatibus et Proceribus ac cum caeteris de Consilio nostro apud Lincoln in crastino Exaltationis Sanctae Crucis prox futur Colloquium habere ordinavimus et Tractatum Vobis mandamus firmiter injungentes quod omnibus aliis praetermissis dictis die et loco
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
the writs and lists of summons by which they are distinguished from the Laymen mentioned in those writs and lists And that one Bishop elect summoned amongst the Bishops to Parliament was yet summoned as one of the Kings Counsil by an other writ What ever else is worthy Observation touching these writs or lists of persons summoned I have noted already in the precedent recitals of them 9ly That though the Kings Justices and others of his Counsil summoned to our Parliaments were no real essential Members of them but rather Assistants to the King and Lords yet they had a very great hand power authority not only in making Ordinances Proclamations desciding all weighty controversies regulating most publike abuses and punishing all Exorbitant Offences out of Parliament in the Star-chamber and elsewhere Coram Rege et CONSILIO SVO as is evident by 19 E. 3. Fitzh Judgement 24. 20 Asâ— 14. Br. Dures 12. 39 E. 3. f. 14. b. Brook Judges 13. Judgment 117. 43 Ass. 15. 38. Register pars 1. f. 191. b. pars 2. f. 124. b. 125. a. 13 E. 4. f. 9 10. 27 H. 6. 5. b. 2 R. 3. f. 2. 10 11. 1 H. 7. f. 3. 4. Brooke Parliament 37. 105. Fitz. Parl. 2. 135. An Exact Abridgement of the Records in the Tower p. 157 169 197 426 428 459 460 560 591 638 641 651. Lambardi Archaion p. 108. to 116. and the records there cited transcribed by Sir Edward Cook in his 4 Institutes c. 5 Cromptons Jurisdiction of Courts f. 29. c. de Court de Starr-chamber et matters avant LE COVNSELL LE ROY Ashes Tables Courts 2. and the Lawbooks Statutes there cited with others anon remembred but likewise in receiving answering all sorts of Petitions determining adjudging all weighty doubtfull cases pleas yea in making Acts Ordinances Statutes and transacting all weighty affaires concerning the King or kingdome even in Parliaments themselves when summoned to them by the premised writs which being not commonly known to the Kings Counsill or others nor insisted on nor cleared up by Sir Edward Cooke or any others who have written of our PARLIAMENTS I shall briefly and satisfactorily illustrate by these four following particulars 1. By sundry Petitions upon several complaints and occasions presented and directed to the King and HIS COUNSELL OR SAGE OR GOOD COUNSEL in sundry of our antient Parliaments entred in the Clause and Parliament rolls more especially in Claus. Anno 1. E. 3. pars 1. 2. Where multitudes of Petitions are thus directed A nostre Signâ—ur le Roy et ASON COVNCILL Au BON COVNCIEL nostre Signior le Roy c. Which Petitions were usually answered and determined sometimes By the KING and His COVNSELL joyntly other times by His COVNSEL alone and sometimes by the King with the assent or advice of his COVNSEL as these entries Coram Rege CONSILIO concessum est emendatum per agard de toute LE COVNSELL soit le COVNCIEL certifie Coram CONSILIO NOSTRO in praesenti Parliamentâ— venire faciatis scriptum praedictum ad faciend inde ulterius quod per idem CONSILIVM NOSTRVM ibidem CONTIGERIT ORDINARI Videtur CONSILIO Il semble AV COVNCIEL que ce est bone affaire Veniat Inquisitio CORAM CONSILIO Place at Dom. Regi CONSILIO SVO ordinare with the like most frequently occurring in these Petitions and the answers to the proceedings and resolutions upon them abundantly evidence 2. By this subscription or addition to many Writs Patents Charters in the Clause Patent Charter and Parliament Rolls per ipsum Regem Consilium in Parliamento being all made issued granted approved entred by Order of the King and those of His COUNSIL in Parliament 3. By the Placita coram ipso DOMINO REGE ET EJUS CONSILIO AD PARLIAMENTA SUA AD PARLIAMENTUM SUUM c. recorded in the Parchment Book of Pleas in the Tower of London â— Wherein the Proceedings and the Judgments on them were given sometimes by the Kings COVNSELL alone sometimes by the King and his COUNSELL and other times by the King with the advice of the Archbishops Bishops Abbots Barons and others or the rest of His COUNSELL and sometimes Fines and Recognizances were acknowledged before the COUNSELL in Parliament To instance in some particulars In the Placita coram ipso Domino Rege et ejus Consilio ad Parliamenta sua post festum Sancti Hillarii et etiam post Pascha Anno 18 E. 1. Willielmus de Wasthull quaeritur Domino Regi et ejus Consilio per quandam petitionem against a deceit and covin in levying a fine Iohannes Comes de Dewe venit coram Rege et ejus Consilio ad Parliamentum suum post Pascha c. petiit c. So Domino Regi et ejus Consilio Johannes Episcopus Wynton alias coram Auditoribus quaerelarum monstâ—avit c. Petrus Maulore venit coram Domino Rege et ejus Consilio ad Parliamentum c. et petiir c. Dominum Regem et ejus Consilium certiorari faciant Querela Willielmi de Valentia Consilio Domini Regis in Anglia dum Rex suit in Vasconia Macolomus de Harlegh monstravit Consilio Regis per quandam petitionem c. So Placita Parliamenti apud Clipston Asherugg c. Anno 18 E. 1. Margeria de Mose uxor Thomae de Weyland Ricardus filius ejusdem Thomae monstraverunt Domino Regi et ejus Consilio c. coram ipso Domino Rege et ejus Consilio venerunt praedicti Cemites Gloucestr Hereford Quod ipsi habeant corpora eorundem Comiâ—um coram ipso Domino Rege et Consilio suo c. ad faciendum et recifiendum id quod Dominus Rex de Consilio suo duxerit ordinandum Prior de Goldelyne queritur Domino Regi et ejus Consilio de hoc c. Memorandum quod Recordum quod Episcopus Wynton et socii sui miserunt coram Consilio de magno placito Abbatis de Rupl c. Robertus Bardolph habet diem per adjornamentum in pleno consilio c. Maria quae fuijâ—uxor Willielmo de Brewosa petiit coram Domino Rege et ejus Consilio versus Willielmum c. medietatem manerii de Wykeham c. Placita coram Rege et Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. Willielmus de Mere c. et Reginaldus do Legh coram ipso Domino Rege et ejus Consilio allocuti ad rationem positi de hoc c. Stephanus Rabez Vicecomes Leicestr Warwic coram ipso Domino Rege et ejus Consilio arrenatus ad rationem positus de hoc c. Placita coram ipso Domino Rege et Consilio suo ad Parliamentum suum post festum Sancti Michaelis Ann. 21 E. 1. Malcolinus de Harley Eschaetor Domini Regis citra Trentam monstravit Domino Regi et ejus Consilio c. et super hoc
terras illas et tenementa statim in manuÌ„ suam seisivit et postea ipsum Manerium de Werk ipsi Willielmo dedit Et hoc paratus est verisicare tam pâ—o Domino Rege quam pro seipso si petentes praedicti in petitione sua praedicta audiri debent c. Et quia habito super praemissis diligenti tractatu per ipsum Dominum Regem et totum Consilâ—um expressè recordatum est quod dictus Robertus de Ros per multa tempora ante principium istius ultimae guerrae contra Homagium Fidelitatem et Ligeantiam suam de ipso Domino Rege traditiosè et felonicè se elongavit et Inimicus ipsius Domini Regis manifestè devenit parti Scotorum adhaerendo tunc Inimicorum et Rebellionum Domini Regis existentium nec unquam postea in vita sua ad pacem Domini Regis rediit set inimicus â—â—â—s obiit visisque articulis et conditionibus contentis in Ordinatione per ipsum Dominum Regem facta in eaâ—dem ultima guerra hominibus de terra Scotia et concessione de redditione terrarum suaruÌ„ eisdem facienda quam de aliis in eadem Ordinatione contentis et virtute cujus Ordinationis petentes praedicti modo tenementa praedicta petunt Uidetur Domino Regi et Consilio suo quod petentes praedicti ratione illius Ordinationis seu redditionis in Petitione sua praedicta audiri non debent Propter quod Concordatum est et consideratum per ipsum Dominum Regem et Consilium suum quod praedictus Willielmus eat inde sine die c. Et quod praedicti petentes nichil capiant per Petitionem suam praedictam c. After which upon the suit of the Petitioners to King Edward the 2. in the 4. year of his reign being in Scotland there issued two several writs to Gilbert de Roubyry to search the Rolls of Parl. and certify the Tenor of the Petitions aforesaid and the Answers given thereunto and proceedings thereupon coram dicto Patre nostro Edw. 1. et Consilio suo in Parliamentis suis faâ—ta because this Iohn Salveâ—n coram Nobis et Consilio nostro prosecutus fuerit petenda c. that the King would receive his homage for the moity of the lands descended to his wife as one of the Coheirs of Robert de Ros and restore the same unto him For Judgements given in Parliament upon Petitions or Complaints by the King Lords and Kings Counsil joyntly you may peruse Nicholas de Segraves case in Cooks 3 Instit. p. 7 8. and My Plea for the Lords p. 361. with others there cited I shall here for brevity recite only two Memorable ones The 1. in the Placita in Parliamento apud London in crastino Epiphaniae Anno regni Edwardi 1. vicesimo the long great and famous case between Humfry de Bohun Earl of Hereford and Essex and Gilbert de Clare Earl of Gloucester and Hertford who invaded one anothers lands by force and arms in a warlike manner and committed many rapines burnings murders and enormities against the Kings peace and prohibition after many Inquisisitions and debates touching this business before Justices assigned and afterwards before the Kings Counsil and then before the King and his Counsil by these passages often mentioned in the record Concordatâ—m est per DOMINUM REGEM CONSILIUM Decretum est PER CONSILIUM Videtur CONSILIO DOMINI REGIS per dictum DOMINUM REGEM CONSILIUM c. evidentâ—r compertum est twice repeated Quod corpora eorum habeat coram DOMINO REGE EJUS CONSILIO ad voluntatem ipsius Domini Regis audiendam et faciendam et recipiendum id quod DOMINUS REX DE CONSILIO SUO DUXERIT ORDINANDUM fully evidence At last both the Earls Voluntati Domini Regis se omnino submiserunt ut de eorumque libertatibus faciat quod sibi placuerit Whereupon Dominus Rex super hoc non voluntariè tantumniodo imo proâ—t de jure et secundum legem et consuetudinem regni fuerit faciendum et etiam per Consilium Archie-piscoporum Cpiscoporunâ— Comitum et Baronum caeterorumque De Consilio suo existentium facere volens in praemissis et ut voluntas sua justa sit et rationabilis proâ—t decet eorumque Assensum in praemissis petiit et Consilium Propter quod habito tractatu â—oram ipso Domino Rege et Consilio suo super praedictis tam ipso Domino Regi quam caeteris Praelatis et Magnatibus et singulis de Consilio suo videâ—ur quoad Comitem Gloucestriae quod libertas sua praedicti c. pro se et haeredibus suis forisfacta est ratione delicti praedicti c. Dictum est eidem Comiti Gloucestriae per considerationem et Iudicium Archiepiscoruâ—â— Episcoporum Comitum Baronum et totius consilit Domini Regis quod libertas sua praedicta c. totumque regale in eisdem terris remaneânt Domino Regi et haeredibus suis ut forisfacta tota vita ipsius Comitis Gloucestriae et idem Comes retorâ—etur prisonae et inde redimetur ad voluntatem domini Regis et etiam quod praedictus Comes Hereford recuperet versus eum Centum libras pro dampnis praedictis Et similiter quoad praedictum Comitem Hereford â—o quod videtur Domino Regi et ejus Consilio habito super hoc tractaâ—â— diligenti quod libertas sua in terris suis de Brekennoâ— c. ratione delicti praedicti forisfacta esset Dictum est eidem Comiti Hereford per considerationem et judicium Archiepiscoporum Episcoporum Comitum et Baronum et totius Consilii Domini Regis quo libertas sua praedicta remaneat Domino Regi et haeredibus suis forisfacta de ipso Comite Hereford et haeredibus suis imperpetuum et corpus suum prisonae retornetur et inde redimetur ad voluntatem Domini Regis Et quia videtur Domino Regi et ejus Consilio quod transgressio de qua idem Comes Hereford convictus est non est ita carcans nec tantam poenam requirit quantum et facta transgressio praedicta de qua praedictus Comes Gloucestriae convincitur and because he had espoused the Queens kinswoman therefore the forfeiture was mitigated and ordered to continue to the King and his heirs during the Earls life only After these Earls had continued in prison for some time the Earl of Gloucester finem fecit Domino Regi pro Decem Mille Marc. pro Transgre sâ—ione praedicta and put in 5 Noble men for his pledgeâ— And the Earl of Hereford likewise finem fecit Domino Regi pro Tâ—ansgressione praedicta pro Mille Marcis et reâ—ipitur per plegios who are named in the Record After which Ioâ—â— de Crepinghes and others of the Earls Assistants in these riotous Misdemeanors ad instantiam Praelatorum Comitum Baronum et aliorum de Consilio sus who
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.
away the Court commonly called the Starr-chamber fit to be put in vigorous execution against the transcendent infringers of it By all which it appears that the Kings Iustices and Counsil in Parliaments as well as out of them had formerly a principal hand in making Laws Ordinances and resolving points questions of Law and other matters of moment I shall close up my Observations on this Section with these 4. memorable Records relating to the Kings Counsell and the Nobles in Scotland and Ireland as distinct from his Counsell and Parliamentary Assemblies in England Cl. 37. H. 3. d. 9. Rex mandat quod Abbas Westm. -moretur in Anglin de Consilio Reginae propter recessum Regis ad partes Vasconiae Et mandatum est eidem Reginae quod ipsum ad hoc admittat accepto ab eo prius corporali Sacramento quod officium illud fideliter intendat T. ut supra Cl. 38. H. 3. dors 13. Rex H. Cantuar. Archiepiscopo salutem Cum quaedam ardua urgentia negotia Statum nostrum Regni nostri tangentia habeamus Vobis communicanda quae sine consilio Vestro aliorum Magnatum nostrorum noluimus expediri Vobis mandamus in fide quia Nobis tenemini firmiter injungentes quatinus sicut Nos honorem nostrum diligitis nullatenus omittatis quin à die Sancti Hillarii proximo futuri in quindecim dies sitis apud Westm. coram Regina nostra R. Com. Cornub. fratre nostro aliis de Consilio nostro super dictis negotiis tractaturi nec retardetis adventum vestrum quin sitis ad dictum diem tempestive Teste A. Regina R. Com. Cornub. apud Westm. The cause of this meeting is at large related in another Writ to this Archbishop forecited p. 3. 4. Upon the same occasion the King issued this Writ to the King of Scots entred in the same Roll and dorse Rex Regi Scotiae salutem Quia ratio Vinculi foederis inter nos contracti requirit quod Vobis fidelibus Vestris ardua urgentia negotia Statum nostrum terrae nostrae tangentia communicemus Vos Nobis vice versa Serenitatem vestram ex toto corde requirimus quatinus in Quindena Purificationis beatae Mariae prox futur apud Castrum puellarum de Edenburgh personaliter interesse velitis convocantes inducentes Praelatos Magnates Regni Vestri ut ad dictos diem locum representent se coram Vobis modis omnibus Nullo enim modo expediret honori proficuo nostro vestro quin modo praedicto ad praedictos diem locum compareatis audituri per nuncios nostros qui de Vasconia Vobis ibidem occurrent praedicta negotia arduissima urgentissima in quibus necesse est quod vos fideles vestri consilium vestrum pariter auxilium apponatis T. ut supra per Reginam Comitem It is observable that the King by this Writ doth not summon the King of Scots and his Nobles to his Parliament or Counsell of England as members thereof to advise and assist him in this necessitie notwithstanding the strict alliance and league between them but to assemble together at Edenburgh in their own country by themselves alone as the Officers and Nobles of Ireland were then also required to meet in Ireland by themselves by this ensuing Writ of the same date with the former Rex Mauricio filio Giraldi salutem Quia Rex Castell cum multitudine Exercitus Christianorum Saracenorum terram nostram Vasconiae in Quindena Pasche prox futur ingressurus est hostiliter non solum ad eandem terram destruendam occupandam set ad terras nostras Angliae Hiberniae per introitum dictae terrae si eam optineret quod absit invadendas aspirat Nos in propria persona nostra cum eodem Rege bellum campestre aggredi proposuimus de universa fidelitate vestra quam in agendis nostris fructuosam semper invenimus plenam gerentes fiduciam vos requirimus in fide qua Nobis tenemini affectuosè rogamus quatinus sicâ—t Nos honorem nostrum indempnitatem corporis nostri diligitis in hac necessitate nostra non parcentes personae aut rebus vestris nulla ratione seu occasione differatis quin poteritis vos praeparare ad veniendum ad nos in Vasconiam omnes amicos vestros ad hoc idem inducentes Ita quod sitis apud Waterford in Octabis Pasche prox futur cum equis armis bona gente prompti parati statim naves ascendere ad transfretandum ad Nos in terram praedictam Scitote indubitanter qui Nobis in hac parte subvenerint eorum amici erimus benevoli imperpetuum qui Nos in hac urgenti inexuperabiâ—i necessiâ—ate relinquerint de eis alias minus confidere poterimus eis minus grati erimus Nunquam etiam futuris temporibus tanta Nobis imminebit necessitas consilii auxilii sicut in presenti negotio Et ad regerendum vobis plenius pericula nostrorum Inimicorum Iohannem filium Galfridi Justiciarium nostrum Hiberniae ad partes illas misimus cui apud Dublinum ad in stantem mediam Quadragesimam una cum aliis Magnatibus nostris Hiberniae quibusâ—id mandavimus accedatis audituri voluntatem nostram cum ipâ—o super praemissis plenius tractaturi T. ut supra An Exact Alphabetical Table of all the Kings Counsil whether Judges Serjeants at Law Officers of State Deans Archdeacons 〈◊〉 other Clergy men or Laymen from 22 E. 1. till 23 E. 4. with the Yeares Rolls Dorses of each King wherein they were summoned to Parliaments By which you may finde who were Chief Justices Judges Officers in each Kings reign A IOhn Abell 5 d. 17. 6 d. 31. 7 d. 27. 8 d. 29. 9 11 d. 8. 14. 14 d. 23. E. 2. Magister Richard de Abyngdon 1 d. 8. 11. 19. 2 d. 11. 20. 5 d. 17. 6 d. 31. 16. 7 d. 2. 8 d. 29. 9 d. 22. E. 2. Magister Robert de Aileston Archidiac Berks 6 d. 9. 19. Thesaurarius Regis 7 E. 3. Richard de Aldeburge 3 d. 19. 7 8 E. 3. Peter Arderne 23 25 27 29 31 33 twice 38 H. 6. 1 2 6 E. 4. Magister Robert de Ashton 1 2 3 d. 13. 19. R. 2. Henry Asty and Astee 49 50 E. 3. 1 â— 3 d. 13. 19. 4 5 6 R. 2. William de Ayremine 6 d. 16. 7 d. 11. 27. E. 2. William Ayscogh 20 23 25 27 28 29 31 H. 6. William Ayshton 23 25 27 28 29 31 33 38 H. 6. 1 2 E. 4. B VVIlliam Babington 7 H. 5. 1 2 3 4 5 7 9 10 11 13 H. 6. Iohn Bacun 11 d. 8. 14. 14 d. 23. E. 2. Thomas Bacoun 7 p. 2. d. 3. 8 d. 18. E. 3. Magister Robert de Baldock 11 d. 11. 19. Archidiac Midd. 12 d. 11. 29. 13 d 13. 14 d. 23. E. 2. Iohn de