only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
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
of many Physicians and spent all that she had upon them even all her living and yet was nothing better but rather worse and could not be heated by any of them This woman is a true Embleâ— of England lyâ—â—g for so many years or more siâ—k of a bloudy issue under the hands of several Physicians under the Name and Disguise of Parliaments of several Forms and Modells who with their armed supporters have put her to infinite expences sufferings and exhausted all she hath and yet they have neither healed nor amended her in any kinde but left her in a â—arr worse condition then they found her for want of healing skil or medicins applying nothing but new corrosives causticks of steel instead of astringents and incarâ—natives to her bleeding wounds yea those very Physicians are now so full of manâ—fold infirmities distempers if not gross corruptions that we may surely say unto them this Proverb PHYSICIAN HEAL THY SELF before we can possibly expect any publike healing from them either in Church or State If these few leaves through Gods blessing on them shall become like to the leaves of the tree of life for the healing of these Physicians our Nations one prime end of their publication I shall bless God for it and deem my cost and labour well bestowed however this shall be my comfort In magnis et voluisse sat est Etiam non assecutis voluisse abunde pulchrum atque magnisicum est in such a case as this One chief means to make our future Parliaments beneficial medicinal and restorative to our Nation is to restore them to their antient freedom and secure them and their Members from all future force and violence which may be easily effected 1. By removing all armed Forces and Souldiers a good distance from the places where they shall be kept and prohibiting them under severest penalties not to approach near unto them during their Sessions 2ly By defending the wearing of any offensive arms or weapons in or near the Cities where the Parliaments convene 3ly By inhibiting all tumultuous popular addresses to them under colour of Petitions or otherwise and ordering that no Petitions or Addresses shal be tendred unto them from any County City Corporation or Fraternity upon any occasion by above 12. grave selected persons at most under pain of being questioned and proceeded against as tumultuous 4ly By declaring and enacting all Persons whatsoever to be actual Traytors and Enemies to the Nation as they are by Law and to be effectually proceeded against as such who shall offer any force violence assault to the Parliament or any Member or Members thereof during their attending therein or in going to or returning from the same or violently interrupt their proceedingâ— And that all who shall hereafter be peccant in this kind their heirs males shall be for ever hereafter disabled to sit in Parliament or bear any Office whatsoever Civil or military or to purchase or re-ceive any Lands Chattels Gift Legacy or bequest whatsoever or to enjoy the privileges of an English Freeman My chief design in this other late publications hath been to inform the English Nation of the true Original constitution uses ends Rights Privileges Judicarure and Proceedings of the Great Councils and Parliaments held within our Island from its original plantation by the Britons till the Normans ruling in it which I have already published in a Brief Chrâ—nological manner and from thence to the end of King Edward the 4th his reign which I have likewiâ—e in a good measure accomplished in my late inlarged Plea for the Lords and House of Peers wherein I have given the Readers a large account of most of the Great Councils held under King Henry the 1. and 2. proving there were no Knights Citizens or Burgesses summoned to them in their reigns as they have been of later times which may be further evidenced by these Historical Passages and Great Councils which I there omitted In the year of Christ 1109. in a Great Council of the Archbishops Bishops Abbots ET PRINCIPVM totius Regni there was this Canon made amongst others Vt nullus Archidiaconus Presbyter Diaconus Canonicus uxorem ducat vel ductam retineat c. Vt Presbyter quamdiu illicitam conversationem mulieris habuerit non sit legalis nec missam celebret nec si celebraverit ejus miss a audiatur After Anselms banishment very many Priests reteining or resuming their wives contrary to these Decrees King Henry the 1. thereupon caused his Ministers to indict and prosecute many Priests for this contempt only to extort monies from them but their fines not amounting to so great a summ as the King expected there was a general Sentence given against all the Priests as well innocent as nocent and a fine set upon every Parish Church which the Priest thereof was to redeem which some Priests having no money and others refusing to pay because it was an unjust innovation they were thereupon contumeliously seised upon by force imprisoned and tortured and when neer 200 of them in their Surplisses and Priests habits came all together to the Kings place in London barefoot imploring him with one voice to take pity on them Ille ad preces â—orum nulla miseratione permotus est vel saltem quavis eos sicut hominâ—s omnis religionis expertes responsi honestate dignatus suis obtutibus festine abegi praecepit whereupon they repaired to the Queen who only wept in pity towards them but could not relieve them Anselm upon the other Bishops Letter to him writ an Epistle to the King touching this proceeding of his as an innovation Quod hactenus inauditum et inusitatum est in Ecclesia Dei de ullo Rege et de aliquo Principe Noâ— enim pertinet secundum legem Dei hujusmodi culpam vindicare â—isi ad singulos Episcopos per suas parochias â—ut si ipsi Episcopi in hoc negligentes fuerint ad Archiepiscopum Primatem c. Adding Dico enim vobis quod valde timere debetis quod pecunia taliter accepta ut taceam quantum noceat animae non tamen cum expendetur adjuvabit terrena negotiâ— quantum postea perturbabit To which the King returned this answer Henricus Dei gratia Rex Anglorum Anselmo Archiepiscopo Cantuariae salutem In die Sancti Gregorii apud Tunebrigge mihi fuerunt delatae literae repostae sub tuo sigillo Et per â—a mihi mandasti talia unde multum miror quia quod feci credo me per te fecisse Et in die Ascensionis Domini HABEBO OMNES BARONES MEOS without Knights Citizens or Burgesses MECUM CONGREGATOS PER CONSILIUM EORUM ita convenienter tibi respondebo quod cum tecum loquar non credo te me inde blasphematurum Et quicquid fiat alias scito quod tui quicquid ipsi fecerint per omnes terras tuas in pace permanserint
for these two General Councils of the Church and Realm this year are not found extant on record The Patent Roll in the 5 of King Iohn makes mention of an Assise of Beer and Wine made per Commune Consilium Baronum nostrorum held the year before at Winchester Rex c. sciatis Nos Communi Consâ—lio Baronum nostrorum constituisse Quod albus panis factus in Civitate nostra Winton fit ponderis 3 c Sol. c. Et unusquisque Pistor sigillum suum pani suo apponat c. Et volumus et firmiter praecipimus quod haec constitutio firmiter teneatur Facta est autem haec constitutio ad Pascham proximam post obitum Alienorae Reginae matris nostrae anno regni nostri quinto Teste G. fil Petri Com. Essex apud Freitemnel 15 die Aprilis This Ordinance for the Assise of Bread with the Proclamation and proceedings thereupon is more at large recorded in Matthew Paris Hist. Angl. Anno 1262 Editione Tyguri 1589. p. 200. where you may peruse it at leasure In the 5th year of his reign as Met. Paris relates Rex Johannes in COMITES BARONES occasiones praetendens quod ipsuminter hostes reliquerant in partibus transmarinis unde Castella terras suas pro eorum defectu amiserat caepit ab eis septimam partem omnium mobilium suorum by grant as I conceive in a Parliamentary Council nec etiam ab hac rapina in Ecclesiis conuentualibns manus coercuit violentas Yet I find no Writ of Summons to this Council in the Rolls of this year In the 6 year of his reign An. 1204. In crastino circumcisionis venerunt ad Colloquium apud Oxoniam Rex MAGNATES Angliae ubi concessa sunt Regi auxilia militaria de quolibet scuto scilcet duae marcae dimidia Nec etiam Episcopi Abbates sive Ecclesiasticae personae sine promiss one recesserunt In the 8 year of his Regality as King Iohn celebrated the day of our Saviours Naâ—ivity at Oxford So it appears he likewise held a Parliamentary Council there which granted him an ayd toward the recovery of his lands in France and defence of the Realm of England by these two Records that year Claus. 8. Iohan. Regis dors 2. Rex Iustic auxilii assidendi Vic. Berks salutem Sciatis quod Abbas de Abbendon finivit nobiscum pro sexties cent mar pro habenda quietantia de dominicis feodis hominibus omnibus tenentibus suis in Balliva vestra de anxilio Nobis proviso PER CONCILIUM NOSTRUM OXON et ideo vobis mandamus quod ipse inde quietus sit Et si quid inde per Nos incâ—oatum suerit penitus relax Tu autem Vic. videas quod securus sis quod habeamus unam medietatem finis illius ad proximum clausum Pasche Et aliam mediâ—tatem ad ptoximum festum Sancti Iohannis Baptistae Alioquin capietur de firma tua Et Justitiariis mandatum est libere tenentibus suis in ballivia tua quod faciant ei praedictum auxilium Et si quid inde cepisti id ei sine dilatione reddi fac T. Pat. 8. Iohan. Rs. m. 1. Rex Archidiaconâ— Officiali toti Clero Archiepiscopatus Cantuar. Salutem Notum satis quod Archiepiscopi Episcopi Abbates Priores Magnates regni nostri auxilium Nobis fecerunt ad defensionem regni nostri recuperationem terrarum nostrarum Verum quia de vobis confidimns quod Nos â—onorem nostrum diligitis defensionem regni nostri recuperationem terrarum nostrarum affectatis vos rogamus attentius quatenus tale axilium Nobis exemplo accepto ex parte vestra faciatis ut inde vobis gratias dare debeamus Et quod alii Rectores Ecclesiarum intuitu vestri ad auxilium Nobis faciendum exempio vestro facilius inuitentur â—t quantitatâ—m auxilii quod nobis quilibet ipsorum sacâ—re voluer it quilibet vestrum seperatim faciat Ita quod per ipsos in octabis Sanctae circumcisionis inde possimus testificari Teste me ipso apud Ebor. 26. die Maii. This same year the Arch-bishops Bishops Abbots Archdeacons and Clergy of England by command from Pope Innocent without the Kings Writ or consent were called to and resolved to hold a Council at Saint Albans to pay Romescot in an unusual manner and many other unaccustomed exactions to the great prejudice of the Kingdom and oppression of the people whereupon the King upon the general complaint of the universality of the Earls Barons Knights and other Subjects against those exactions this Council issued forth this memorable Writ and Prohibirion in preservation of the rights of the Crown Kingdom People against this Papal usurpation and innovation Pat. 8. Iohan. Rs. m. 1. Rex Archiepiscopis Episcopis Abbatibus Archidiaconis omni clero apud Sanctum Albanum AD CONCILIVM convocato salutem Conquerente universitate Comitum Baronum Militum aliorum-fidelium nostrorum audivimus quod non solum in laiâ—orum grave praejudicium sed etiam in totius Regni nostri intolerabile dispendium super Romescotto praeter consuetudinem soluendo aliis pluribus inconsuetis exacâ—ionibus Autoritate summi Pontisicis CONCILIUM inire CONCILIUM celebrare decrevistis Nos vero licet ob honorem sidie nostrae debitum reverentiae quod sanctae Romanae Ecclesiae impendere tenemur voluntatem sancti Patris vestri Domini Papae Innocentiae obtemperare cupimus tamen omittere non possumus quin quaerelis fidelium subditorum nostrorum clamantium de jactura sua timentium prout necesse est sibi subveniamus â—mergentibâ—scausis quae indempnitati pacis unitati regni nostri obviare possunt quanta decet celeritate diligentia occurramus Vobis igitur praecise mandamus expresse prohibemus ne super praedictis vel aliquibus aliis CONCILIUM ALIQUOD anthoritate aliqua in fide qua nobis tenemini teneatis vel contra regni nostri consuetudinem aliquod novum statuatis et sicut Nos honorem nostrum communem regni tranquillitatem diligitis à celebratione hujusmodi CONCILII à praedictis taxationibus ad praesens supersedeatis quousque cum universitate nostra super hoc COLLOQUIUM habuerimus Scientes per certo quod expediet honori sanctae Romanae Ecclesiae domino Papae Nobis Vobis quod istud ad praesens negotium differatur donec generalem habuimus conferrentiam commodius honestius explicari Et quod vobis hoc mandamus pro honore commodo sacrosanctae Ecclesiae vestri regni nostri id fecimus Quia talia audivimus quod hoc ita fieri necessario expedit sicut vobis dicemus cum vobiscum locuti fuerimus Teste me ipso apud Ebor. 26. die Maii. Now because all Elections of Knights of Shiers are and ought to be made in the next County Court after the Writs for Elections come
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
Nolentes ipsum Abbatem indebirè sic vexari concessimus pro nobis et haeredibus nostris quod idem Abbas et successores sui de veniendo ad Parliamenta et Consilia nostra vel haeredum nostrorum de caetero quieti sint exonerati imperpetuum Ita semper quod dictus Abbas succeâ—â—ores sui in Procuratores ad hujusmodi Parliamenta Consilia per Clerum mittendos consentiant ut moris est expensis contribuant eorundem In cujus c. Teste Rege apud West monasterium XV. die Februar Per petitionem de Parliamento After which Patent and entry this Abbot being summoned again in the lists of 27. 29 E. 3. upon complaint thereof there was this Memorandum made in the Clause Roll of 29 E. 3. Cancellaâ—ur Abbas Leycestriae quia habâ—â— Cartam Regis quod Non Compellatur vâ—nirâ— ad Parliamâ—ntum The Abbot of Tavistock was summoned to 5 Parliaments and Parliamentary Councils under H. 3. Ed. 1. and Ed. 3. the last whereof was in 23 E. 3. but never after yet King Henry the 8. in the 5. year of his reign created Richard Banham Abbot of Tavistocke and his successors to be one of the Spiritual and Religious Lords of the Parliament of himself his heirs and successors yet withall pardoned their absence at any time from Parliament by reason of their great distance from it paying only the fine of 5. marks for every time they should be personally absent into the Kings Exchequer as this Patent manifests Henricus c. Sciatis quod certis considerationibuâ— nos specialitè◠moventibus oâ— specialem devotionem quam ad Beatam Virginem Mariam matrem Christi sanctumque Rumonum in quorum Honore Abbatia de Tavistocke quae de fundatione nobilium progenitorum nostroum quondam Regum Angliae nostro patronatu dedicata existir gerimus et habemus hinc est quod de gratia nostra speciali ac ex certa scientia mero motu nostris volumus candem Abbatiam sive Monasterium nostrum gaudere honore priuilegio ac liberratibus spiritualium Dominorum Parliamenti nostri Haeredum successorum nostrorum Ideo concessimus per praesentes concedimus pro nobis haeredibus successoribus nostris quantum in nobis est dilecto nobis in Christo Richardo Banhaâ— Abbati de Tavistocke praedicto successoribus suis ut eorum quilibet qui pro tempore ibidem fuerit Abbas sit et erit unus de spiritualibus Religiosis Dominis Parliamenti nostri Haeredum successorum nostrorum gaudendo honore privilegio ac libertatibus ejusdem Et insuper de uberiori gratia nostra aâ—â—â—ctando utilitatem dicti nostri Monasterii considerando ejus distantiam Ita quod si contingat aliquem Abbatem qui pro tempore fuerit fore vel esse absentem propter praedicti Monasterii utilitatem in non veniendo ad Parliamentum praedictum Haeredum vel successorum nostrum quam quidem absentiam eidem Abbati perdonamus per praesentes Ita tamen quod tune solveâ— pro hujusmodi abâ—entia cujuslibet Parliamenti integri in nostro Scaccario suum per Attornatum quinque Marcas nobis haeredibus sive succeâ—â—oribus nostris totiens quotiens hoâ— infuturum contigerit In cujus c. Teste c. Vicesimo terâ—io die Ianuarii c. Sir Edward Cooke in his 4. Institutes p. 45. affirms this Patent to be void in Law but upon such a poor reason as will made all Temporal Lords Barons Earles and Dukes Patents likewise void if they hold not by Barony and I conceive it to be good in Law upon consideration of the premises that our Kings did at their pleasure without any special Patents of Creation summon what Abbots and Priors they thought meet to their Parliaments and omitted discharged them at their pleasures as the premises plentifully manifest beyond contradiction 5. It is most demonstratively and experimentally evident by this Table That the Kings bare writs of summons of Abbots Priors Masters of Religious Orders Deans and other Clergymen not holding by Barony and their sitting in Parliaments and Great Councils and debating consulting advising with the King and the rest of the Abbots Priors Bishops Earls Lords and Barons of the Realm in Parliament according to the tenor of the writs of Summons issued to them all in the self-same form did neither really or actually ennoble either them nor their successors for then by Sir Edward Cooks own doctrine they ought ex debito justitiae to have been summoned constantly during life and their Successors after them when they had been called by writ actually sate in one two much more if in three or four Parliaments when most of them who were summoned sate only in 1 2 3 4 5 6 7 or 8. Parliaments and no more and neither they nor their Successors were ever after summoned yea some of â—hem after above 20 30 40 50 and 60. summons to and Sessions in Parliaments under several Kings have been afterwards discharged or left out of the writs of Summons as no Barons nor Peers of the Realm because they held not by Barony of the King Therefore their writs of Summons and Session did only make them but momentany and quasi temporary Peers or Spiritual Lords pro hac vice only when and whiles they were summoned to and sate in any particular Parliament or great Coâ—ncil amongst the rest of the Prelates and Lords not after they were dissolved when both their temporaâ—ie Peâ—â—â—ge and Lordships if their writâ— and Sessionâ— made them Lords or Peerâ— pro tempore expired with the Parliaments And by the self-same ground reason the Kings summons of any Knights Esquires or other Laymen to Parliament by a general wriâ—â— who held not by Barony without any special Clause creating them Barons by writs or Parents and their actual sitting in Parliament can neither ennoble themselves nor make them Lords Barons or Peers of the Realm for life much lesse their heirs males in fee or for perpetâ—ity after their deceases but onely make them quasi Peers or Great men or rather Assistants to and joynt Coâ—nsellors with the Lords in Parliament pro tempore so long as the Parliaments to which they are summoned and in which they sit continue but no longer as I have elsewherâ— proved and shall further demonstratively evidence in the next Section against Sir Edward Cookes and others mistakes therein 8. That our Kings by their Prerogative and royall Authority alone did upon all extraordinary occasions summon what Abbots Priors Religious and Ecclesiastical persons they thought meet in the self same manner and by the self same forms of writs as they summoned the Bishops Abbots Peers and other Lords who were actual Peers and Barons of the Realm in greater or smaller numbers as they and their Council thought meeâ—est who sate consulted advised in Parliament together with the King and the rest of the Lords which royal Prerogative and Jurisdiction was never questioned
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
mercenary Guards and Soldiers for their defence hath been unexpectedly affronted assaulted forced dissipated yea destroyed by them and made their basest Slaves and Captives may learn to avoid all such extravagances and oversights in succeeding ages 22. It is observable and most evident by comparing the births of our Princes of Wales and Earls of Chester recorded in our Histories wiâ—h the dates of their first wâ—its of Summons to Parliamâ—ntâ— that Edward of Carnarvan the first Prince of Wales was first summoned by writ to Parliament when he was but 19. years old that Edward the eldest Son of King Edward the second as Earl of ChesteÌ„r was first summoned by writ to Parliament when he was scarce 9. years of age that Edward the black Prince of Wales was summoned when he was not 20. and Richard his Son Prince of Wales called by writ to Parliament when he was not full 9. years old The Kings eldest and youngest â—ons being usually summoned to Parliaments during their Minorities though others are seldom summoned till their full age even as King Henry the 6. rode triumphantly to and sate in State in Parliament in his Queen-mothers lap before he was full 12. months old 23. I observe that in Claus. 27 E. 1. d. 6. 16. Adomarus de Valencia was summoned and listed among the Earls without the Title of Earl annexed to his name being then as I conceive Earl of Pâ—mbroc and so stiled in succeeding Summons And in Claus. 50 E. 3. pars 2. d. 6. Thomas de Wodestoke Constabularius Angliae and Henry de Percy Marescallus Angliae are listed amongst the Earls without any Title of Earls yet in the next writ of Summons Claus. 1. R. 2. d. 31. 37. Thomas de Wodestoke is stiled Com de Buck et Constab. Angliae and Henry de Percy Com. Northumb. in the list of the Earls and therefore I apprehend they were Earls in 50 E. 3. as our Histories Heraulds report them though not so stiled â—n-the Roll of Summons 24. That the names of the Kings Counsil Justices and other Officers â—ummoned to Parliaments only as Assistants are sometimes inserted into the Eodem modo mandatum est and Confimiles literae next after the the Lords and Barons name without any space line or distinction between them sometimes with a lines distance or small space only from them sometimes they are distinguished from the Lords and Barons by the words Milites or Clâ—ricis Consilii Iâ—stâ—â—iar added in the Margin and a small space between them as in Claus. 5 E. 2. d. 17. Cl. 2 E. 1. and sometimes they are inâ—exmixed with the Lords and Barons names and listed amongst themâ— as in Claus. 8 E. 2. d. 35. Roger de Brabazon and 7 others of them areâ— named amongsâ—â—th Lords and Barons and so in Claus. 3 E. 3. d. 19. Claus. â— E. 3. p. 2. d. 7. In the Clause Roll of 25 E. 1. d. 25. the word Milites is inserted in the Margin over aâ—ainst the Names of the Judges and Kings Counsil in the Eodem modo and in Claus. 5 E. 2. d. 17. Clericis consilii Iusticiar is written in the Margin to distinguish them from the Lords and Barons but in no Rolls besides without the word Barones superadded to the Barons and Greatmen in the catalogue of their names 24. That although the word BARO and BARONES in the Clause Rolls of King Iohn Henry the 3dâ— Edward 1. 2. Histories Great Charters and Statutes in their reigns be frequently used applied to all the Temporal Lords of Parliament yet in all the Clause Rolls and Writs of Summons I have seen no particular persons amongst them are summoned by the Title of Barons but only the Barons of Greystok Graystoke or Craystoke and the Barons of Stafford In the Clause Rolls of Ed. 1 3 so of Rich. 2. H. 4. 5. and 6. writs are frequently issued Iohanni BARONI de Greystoke Willo BARONI de Greystoke Rado BARONI de Greystoke as they are sâ—iled in the Eodem modo yet in other writs lists rolls in the Eodem modo the direction to these very Barons is many times Iohanni de Craystoke or Greystoke Willo Rado de Greystoke without the addition of BARONI annexed to them which Title is totally omitted in all the Roâ—â—s of Edw. the 4th as the ensuing Alphabetical and Chronological Table with my Table to the Exact Abridgement of the Records in the Tower will more particularly inform you So in the Rolls of King E. 1. 3. mentioned in the following Table the directions in sundry writs in the â—odâ—m modo are Edmundo Rado BARONI de Stafford and in other writs to the one of them he is stiled only Rado de Stafford BARONI being omitted in his Title BARO being given â—o none for ought I can find in any lists of summons but to these 2. Barons of Greystoke and Stafford alone 25. That in my best observation â— the Title or Addition of MILES or CHIVALER was not given to any Temporal Lords or Barons in any writs or lists of Summons to Parliament before Claus. 49 E. 3. dorse 4. 6. 50 E. 3. pars 2. d. 6. wherein summons issued Willielmo le Morle Chivaler Willielmo de Aldeburgh Chivaler Iohanni de Well Chivaler Hugoni de Dacre Chivaler after which it grew more common under King Rich. the 2. Henry 4. and 5. when many of the Temporal Lords and Baâ—ons had this addition given them sooner or later those who wanted it in one two three four or more writs of Summons at first before they were Knighted receiving it in subsequent writs after they were Knighted After the beginning of King Henry the 6. and during the reign of Edw. the 4th there was scarce any Temporal Lord in the lists of summons but was stiled Chivaler or Miles being all genetally Knighted for their greater honour Of all the Temporal Lords I find onely one namely Tho. de la Ware constantly stiled MAGISTER Tho. de la Ware in all writs of summons to him from 23 R. 2. â—05 H. 6. as the enâ—uing Table will inform you the true and only reason whereof I apprehend to be this that before the temporal Dignity of a Lord or Baron descended to him he had been a Clergyman in sacred Orders this Title Magister being alwayes prefixed before the Names of all of the Kings Council who were Clergy-men in their summons to Parliament as Assistaâ—ts to the Lords House as the writs and Table in the next Section will inform youâ— not to distinguish him from the Lords who were Knights as some mistake because none of the other Lords who were not Knights had this Title Magister given to them but he alone Now whereas in the summons of 1 E. 4. Iohn de Audley is stiled Armiger I conceive it mistaken by the Clerks for Chlr. he being ever â—â—iled Chivaler not Armiger in the summons of 49 H. 6. d. 6. 2 E. 4. d. 3. 6 E. 4.
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
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.
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the commons-Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
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
to the Sheriffs hands I shall adde this memorable exposition of the Statute of Magna Charta c. 35. made by the King and greater part of the Bishops Earls and Barons of the Realm without the Commons touching the holding of Hundred Courts Wapentakes Court Leets omitted by Sir Edward Cook in his Commentary thereon which it better explains than his Annotations upon it Claus. 18. H. 3. m. 10. Rex Vic. Linc. salutem Quia audivimus quod tu Ballivi tui Ballivi aliorum qui Hundredum habent in Comitatu tuo non intelligitis qualiter Hundreda Wapentake teneri debeant in Com. tuo postquam concessimus omnibus de Regno nostro Libertates in cartis nostris quas indo fecimus dum fâ—imus infra aetatem Nos eandem Caâ—â—am nuper legi fecimus in praesentia Dom. CANIUAR ARCHIEP MAJORIS SANIORIS PARTIS OMNIUM EPISCOPORUM COMITUM ET BARONUM TO TIUS REGNI NOSTRI UT CORAM EIS ET PER EOS EXPONERETUR haec clausula contenta in Carta nostra de Libertatibus viz. Quod nullus Vicecomes vel Ballivus faciat Turnum suum per Hundredum nisi â—is in anno non nisi loco debito consueto viz. semel post Pascham iterum post festum sancti Michaelis Ita scilicet quod qui libet habeat â—ibertates suas quas habuit habere consuevit tempore H. Regis avi nostri vel quas postea perquisivit Unde à multis ibi dictum suit quod tâ—â—pore H. Regis avi nostri tam Hundreda et Wapentac quam curiâ—â— Magnatum Angliae solebant teneri de Quindena in Quindenam Et licet multum placeret communi utilitati totius regni indempnitati pauperum providere quia tamen illi duo Turnii plene non sufficient ad pacem regni nostri conservandam ad excessus tam divitibus quam pauperibus illatis corrigendos quae ad Hundredum pertinent De COMMVNI CONSILIO praedict Dom. CANTUAR OMNIUM praedict EPISCOPORUM COMITUM ET BARONUM ET ALIORUM ITA PROVISUM EST. Quod inter praedictos duos Turnos teneantur Hundredum Wapentakia etiam curiae Magnatum de Tribus septimanis in Tres septimanas ubi prius teneri solent de Quindena in Quindenam Ita tamen quod ad illa Hundred a VVapentakia Curias non fiat generalis summonitio siâ—ut ad Turnos praedictos set ad hujusmodi illa VVapentakia Curias convenient conquerentes adversarii sui illi qui sectas debent per quos teneantur placita fiant judicia nisi ita sit quod ad Hundreda illa VVapentakia fieri debeat Inquisitio de placitis Coronae sicut de morte hominis Thesauro invento hujusmodi ad quae inquirenda conveniant cum praedictis sectariis quatuor villatae proximae scilicet omnes de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda VVapentakia Curias tam Nostras quam aliorum teneri facias de cetero secundum quod praedictum eâ—t de tribus sepeimanis in tres septimanas exceptis praedictis duobus Turnit qui de caetero teneantur secundum quod prius teneri solebant T. R. apud VVestm 11. Octobris I shall only adde this one Record more proving that matters concerning Truces were resolved by King H. 3. the Spiritual and Temporal Lords in Parliamentary Councils without any Knights Citizens or Burgesses Claus. 19. H. 3. m. 20. Rex Roberto de Langeton Archidiacono Cant. Abbati de sancta Radegunda saluteâ— Super sollicitudine diligentia laudabili simul laboribus sumptuosis quas circa negotium nostrum expediendum quod vobis injunximus apposuistis urrique vestrum copiosas referrimus gratiarum actiones vobis quidem magister S. praecipuas speciales utpote ei cujus fidelitatem prudentiam plurimum commendamus Sciatis autem quod CONGREGATIS apud VVestmon in octabis sancti Hillarii vener patribus G. Cantuar Archiepiscopo EPISCOPIS COMITIBUS ET ALIIS FIDELIBUS NOSTRIS to wit the Barons and Great men not Commons as the subsequent clause attests Post diligentem tractatum habitum CUM IPSIS DE NEGOTIO TREVGARVM inter Nos Regem Franciae aliis agendis nostris visum fuit iisdem fidelibus nostris quod nullo modo sine verecundia opprobrio nostris Insulam de Olerone 〈◊〉 potuimus Comiti Marchiae pro coÌ„sensu suo adhibendo ad treugas inter nos ineundas nec in co consilium Nobis praestare vel consentire voluerint Sic enim praeter verecundiam quam inde consequeremus ab omnibus quibus factum nostrum innotesceret teneremur et pro remissis et minus valentibus haberemur et etiam pessimum perniciosum exemplum aliis qui in casu consimili ad similia petenda per hoc moverentur Vnde si per dâ—centas libras annuas Treugis durantibus ad consensum Treugarum possitâ—idem Comes induci pro Insula praedicta sicut alias locutum suit bene placeret tam Nobis quam praedictis MAGNATIBVS NOSTRIS et ad hoc laborare velitis quia priori conditioni consentire non esset honestum vel expediens c. T. Rege apud Westm. 27. Januarii I shall trouble you with no more Presidents or Records of this nature by way of Preface to this first part of my Register Kalender and Survey of Parliamentary Writs In which I have presented you onely with the several Writs of Summons directed to the Spiritual and Temporal Lords and Kings Counsil their ordinary Assistants intermixed with some other Writs and several forms of Procurations in my Observations on them which relate wholly or principally to the House of Lords Convocations and Clergy amounting to a just vendible Volume The several forms varieties of Writs issued to Sheriffs of Counties Wardens or Officers of the Cinque-Ports Dukes of Lancaster their Lieutenants or Chancellors and Sheriffs of particular Boroughsâ—made â—made Counties within â—emselves for electing Knights Citizens Burgesses and Barons of the Ports peculiar to the House of Commons with all sorts of Writs for proroguing continuing adjourning Parliaments or superseding them after summons to them upon extraordinary occasions relating equally to both Houses of Parliament and their Members together with some special Writs of Summons to the Kings Prelates Nobles Barons Great Officers and others of the Realms Lands of Scotland and Ireland to appear in at or before the Parliaments Great Councils Kings or Privy Counsil in England concerning the affairs or defence of Scotland and Ireland onely as likewise to particular Merchants Masters of Ships Forresters Lawyers learned men of both Universities and other Persons upon special occasions to attend the Parliament King Counsil with my particular Observations on them which I at first intended to have published in this Piece I shall if God send health life oportunity and incouragement by a
Parliament of this of any other kind extant in History or Record that I have seen is in the 6. year of King Iohn running in this Form of words Mandamus vobis Rogantes quatenus omni occasione dilatione postposita sicut nos honorem nostrum diligitis sitis ad nos apud London die Dominica proxima ante Ascensionem Domini nobiscum tractaturâ— de magnis arduis negotiis nostris Communi regni utilitate Quin super his quae à Rege Franciae per nuncios nostros suos nobiâ— mandatae sunt unde per Dei gratiam bonum speramus provenire vestrum expedit habere consilium et alioruÌ„ Magnatum terrrae nostrae quos ad diem illum locum feâ—imus convocari Vos â—tiam ex parte nostra vestra Abbâ—tes Priores Conventuales totius Diocaesis citari faciatis ut Concilio praeâ—icto intersint sicut diligunt nos communem regni utilitatem T. c. The 2. writ of this kinde extant on Record is that in 26 H. 3. Henricus c. venâ—rabili in Christo patri Walâ—ero Eboracensi Archiepiscopo salutem Mandamus vobis quatenus sicut nos honorem nostrum paritèr vestrum diligi tis in fide qua nobis temmini omnibus aliis negotiis omissis sitis ad noâ— apud London à die sancti Hillarii in XV dies ad tractandum nobiscum una cum caeâ—eris magnatibus nostris quos similiter fecimus convocarâ— de arduis negotiis nostris statum nostrum totius Regni nostri specialitèr tangentibus hoc nullatenus omittatis T. me ipso apud Windlesoram XIV die Decembris There are some writs directed to the Archbishops and Bishops in 38 H. 3. which seem much like a writ of Summons of the Clergy to a Convocation which I shall here insert Claus. An. 38 H. 3. m. 7. dorso Rex R. Cantuar. Archiepâ—scopo totius Angliae Primati salutem Cum Rex Castellae nullo jure sed potentiae sua confisus terram nostram Wasconiae cum multitudine Christianorum et Saracenorum in aestate prox futura hostiliter sit ingressurus prout alias vobis significavimus quam quidem terram in tanto periculo constitutam contra tam potentem Principem sine communi Regni nostri Angliae auxilio defendere non valemus dolentes si regnum praedictum quod inter caeteros mundi Principatus probitate gentium florere soleâ— propter virium impotentiam aut segnitiem propriam suis viribus destitutum succumâ—eret Paternitaâ—em vestram omni qua possumus affectione rogamus quatenus Nos et jura nostra taliter indeâ—ensa non deserentes cum omni celeritate convocetis coram vobi Capitulum vestrum Cathedrale Archidiaconos viros religiosos et Clerum vobis subjectum Inducentes eos modis omnibus quibus poteritis quod Nobis in tanta necessitate liber â—â—â—ter subveniant et gratiose ad praedictae terrae nostrae defensionem quod in ipsorum honorem verteâ—ur sempiternum cum ex contrario hujus negotii eventu non tantum nobis sed singulis regni nostri personarum et rerum dampnum manifeste immineat periculosum Proviso quod aliqui viri discreti ex parte praedictorum certificent CONSILIUM NOSTRUM apud Westm. in quindena Pasch prox futur de modo et quantitate subsidii memorati Salvis nobis promissionibus tunc solvendis ibidem a viris religiosis vestrae Diocaesis nobis factis in quindena sancti Hilarii prox praeteriti Et quia ordinariam Jurisdictionem exerceatis vacante sede in Episcopatu Lincoln vos requirimus affectuose quatenus Officialibus vestris ejusdem Episcopatus sciaâ—is attente quod tempestive convocent coram eis Capitulum Cathedralis Lincoln Archidiaconos viros religiosos Clerum ejusdem Episcopatus ad certos diem locum Inducentes eos modis omnibus quod in hac necessitate nostra consimilem Nobis faciant subventionem et quod certificent CONSILIUM NOSTRUM apud Westm. in praedicta Quindena Pasch. per viros discretos ejusdem Episcopatus de modo quantitate praedicti subsidii Salvis nobis promissionibus a viris religiosis praedicti Episcopatus nobis factis in quindena sancti Hillaerii prox praeteriti sicut praedictum est In cujus c. T. A. Regina nostra R. Com. Cornub. fratre nostro apud Windlesor 11 die Febr. Eodem modo mandatum est Archiepiscopo Eborum singulis Episcopis totius Angliae Officialibus Bathon Wellen Episcopi nulla facta mentione de Episcopatu Linc. This writ is no summons either to a Parliament Council or Convocation of the Clergy as it may seem to some men but a special writ directed to the Archbishops and Bishops in their several Diocess to summon their Chapters Archdeacons Clergy and the religious persons in their respective Diocesse before them and to excite them to a free voluntary and liberal contribution to supply and â—elieve the Kings necessities for the defence of Gasâ—â—igâ— against the intended invasion of the King of Castell as the whole frame thereof demonstrates and their several certificates of the manner and quantity of their aids and the sums they would contribute in this necessity required to be certified from every Bishoprick and Dioceâ—s to the Kings Council at Westminster by certain discreet men with distinct promises by religious persons mentioned therein do manifest beyond contradiction Every Bishop with the Clergy and religious in every distinct Diocesse being to meet and act apart herein by themselves and not summoned to meet all together to advise and resolve concerning this aid requested from them Therefore though a writ fit to be inserted into this Register yet I shall not enumerate it amongst the writs of summons to a Parliament Councel or Convocation The 3. Writ is that of 49 H. 3. Henricus Deâ—gratia Rex Angliâ—e Dominus Hiberniae Dux Aquitaniae veneraâ—ili in Christo paâ—ri R. E. piscopo Dunelmensi salutem Cum post gravia turbationum discrimina dudum habita in regno nostro Carissimus filius Edwardus primogenitus noster pro pace in Regno nostro assâ—curanda firmanda obses traditus extitisset jam sedata Benèdictus Deus turbatione praedicta super deliberatione ejusdem salubritèr providenda plena securitate tranquillitate pacis ad honorem Dei utilitatem totius Regni nostri firmanda totaliter complendaâ— ac super quibusdam aliis Regni nostri negotiis quae sine Consilio vestro et aliorum Praelatorum et Magnatum nostrorum nolumus expediri cum eisdem tractatum habere nos oporteat Vobis mandamus Rogantes in fide dilectione quibus nobis tenemini quod omni occasione postposita et negotiis aliis praetermissis sitis ad nos Londoniis in octabis sancti Hillarii proximo futuris nobiscum et cum praedictis Praelatis Magnatibus nostris quos ibidem vocari fecimus super praemissis tractaturiet
of Summons to the Temporal Lords reserving my General Annotations and Observations concerning Parliamentary writs for the Close of the first Part of this Brief Register Kalendar and Survey when they have taken a full view of all the several kindes and varieties of Parliamentary writs of Summons whereon they must be grounded 1. That as the Spiritual Lords and Barons are mentioned in all Great Councils Parliaments Prologues and Acts of Parliament before the Temporal Lords and Barons So generally for the most part the writs of Summons directed to them are first entred recorded in the Dorse of the Clause Rolls before the writs to the Temporal Lords though now and then the writs to the Prince of Wales and some other Temporal Peers are first enrolled but yet very rarely 2. That when there was an Archbishop of Canterbury in being the first writ of Summons to or Prorogation of Parliaments entred in the Rolls is generally that which issued unto him as Primate of all England if within the Realm or to his 〈…〉 absence out of it But when there was no Archbishop of Canterbury living the first writ 〈…〉 in the Roâ—â—s issued to the Archbishop of 〈◊〉 as Primate of England yet now and then the first writ of Summons entred is directed to the Archbishop of York when both are living and the writ to the Gardian of the Spiritualties of Canterbury 〈…〉 of that See is someâ—imes first entred before the writ to the Archbishop of York Yea if the Archbishop of York was a Cardinal and Canterbury none ye 〈…〉 of Summons as appears by Clâ—â—s 25 H. 6. m. 16. 24 dorso and 29 H. 6. m. 〈…〉 â—orso and other Rolls 3. That when both Sees of Canterbury and York were void the first writ entred was directed to the Bishop of London as in 22 E. 3. where the Archbishop of Canterbury was elected and confirmed but not installed and York quite void and sometimes to some other Bishop without any certain method therein observed 4. That in Claus. 6 Iohannis the first writ of Summons extant there is only one single writ of Summons without the Bishops name to whom it was issued and in Claus. 26 H. 3. only one single writ of Summons to the Archbishop of York without mention of any writs to other Bishops which yet no doubt had writs of Summons as well as he though not entred as some clauses in the bodies of both these writs do intimate 5. That in the Summons of 49 H. 3. the first and only writ registred is directed to the Bishop of Durham and 18 Abbots and Priors are listed in the Eodem modo mandatum est before the Archbishop of York and other Bishops 6. That the writs directed to the Archbishops of Canterbury always stiled them Venerabili in Christo Patri eadem gratia Cantuariae Archiepiscopo totius Angliae Primati That the writs issued to the Archbishops of York ever use this stile Venerabili in Christo Patri eadem gratia Eborum Archiepiscopo Angliae Primati leaving out totius And the writs sent to all other Bishops run thus Venerabili in Christo Patri eadem gratia Episcopo c. But iâ— any Archbishop or Bishop were made a Cardinal then the stile was Cardinali et Archiepiscopo Eborum et Cardinali et Episcopo Wynton as in Claus. 25 H. 6. m. 16 24 dorso 29 H. 6. m. 21. dorso and other Clause Rolls of Hen. 6. when York and Winchester were both Cardinals and Winchester is still placed whiles a Cardinal next after York The writs to Abbots Priors Gardians of Spiritualties of Bishops and other Ecclesiastical persons usually run in this form Dilecto sibi in Christo Abbati Sancti Augustini c or Priori de Lewes c. which I have here omitted in their writs for the most part with an c. to avoid frequent Repetitions and pâ—olixity 7. That in the Eodem modo and Kalendar of the Bishops names to whom writs were directed the Archbishop of York is for the most part first named yet somtimes he and his Suffragans are listed after all the Bishops of the Province of Canterbury sometimes before them sometimes intermixed with them In the entring of the Bishops names there is no certain order or method observed for sometimes the Bishop of Durham is first named other times the Bishop of London elewhere the Bishop of Winchester sometimes the Bishop of Rochester otherwhiles Chichester Now and then all the Welsh Bishops are named together after all the rest of the Province of Canterbury yet in some Rolls they are named promiscuously intermixed with the English Prelates as the writs came first to the Registers hands and not according to the Antiquity of their Sees or consecrations for ought I can discern by comparing their entries Only it is observable that Anthony Beak Bishop of Durham a very wealthy Prelat procuring himself to be made Patriarch of Ierusalem by the Pope was summoned by the Title of A. Patriarch Ierusalem et Episc. Dunolm in the Summons of 1 2 13 of Edward 2. Here p. 15 16. and entred next after the Archbishop of York in the Rolls 8. That the Bishops for the most part are named in the Rolls and entred by themselves before the Abbots and Priors yet now and then but very rarely they are intermixed with the Abbots and Priors as in 49 H. 3. dors 11. 9. That all the Archbishops and Bishops were usually summoned to all our Parliaments but not to Councils of State and that in person if in England or alive But when any Archbishop or Bishop was absent in forein parts the King usually sent writs of Summons to their Vicars Generals and when their Bishopricks were void by their deaths or translations to another Bishoprick to the Guardians of their Spiritualties to supply their places 10. That when any Archbishop Bishop or Abbot was elected only before his confirmation or installment the writ of Summons issued to him by the name of I. Electo Cantuanae electo Hereford c. If elected and confirmed but not installed then Electo Cantuariae or Hereford confirmato By which it is evident that Archbishops Bishops and Abbots only elected or elected or confirmed might be and were usually summoned to 〈…〉 likewise in their absence beyond the Seas Yea in 2 E. 2. dors 14. There is a writ issued R. Electo Dublin Episcopo in the Eodem modo registred amongst the Bishops of England next after the Patriarch of Ierusalem and Bishop of Durham 12. That the chief reason why sometimes there are more Bishops summoned to one Parliament than another is only the vacation of their Sees by their deaths or translations what the number of them was summoned to each Parliament I have mentioned in the grosse where I find them entred in the Rolle at large to avoid the repetition of their names which those who please may peruse in the rolls themselves 1â— That the first writs
to the Archbishops of Canterbury York or any other Bishop in the Clause Rolls be they writs either of Summons to a Parliament Council or Convocation or of Adjournment or Prorogation are usually entred at large which I have abbreviated with an c. where the form and clauses are the same with those I transcribe at large And the writs which follow the first issued to the rest of the Bishops are but briefly entred for the most part with an Eodem modo mandatum est subscriptis or Consimiles Literae or Consimilia Brâ—via diriguntur subscriptis viz. c. unless it be where there are different Clauses in some of the writs varying from those to the first Bishops which Clauses recited at large I have here printed when they occurre in the Rolls 13. That the writs of Summons to Parliaments directed to the Archbishops and Bishops are of various forms differing very often one from the other not only in their recitals of the particular causes of summoning them but in sundry special and unusual clauses as I have touched in the recital of them and shall more largely insist on in my General Obsâ—rvations in the close of this Part of my Register That the writs of Summons to Councils and Convocations issued to the Archbishops and Bishops are usually different one from another not only in form and specialâ— Clauses but likewise from the writs of Summons to Parliaments unless where the word Concilium is used for a Parliament There being no Praemuniâ—ntes c. in any writs of Summons to Councils of State but only to Parliaments and that not alwayes but aâ— the Kings pleasure and no general Summons of all the Archbishops Bishops Abbots and Priors holding by Barony to all Councils of State but only of such and so many of them as the King and his Counsil thought meet when as they were usually all summoned to Parliaments 14. That the writs of Summons to Convocations of the Clergy were directed only to the two Archbishops or their Vicars Generals to summon all the Bishops Abbots Priors and Clergy of their respective Provinces to them not alwayes on a certain day or place as in writs for Parliaments and Great Councils but at such time or place as they deemed most convenient without any particular writs at all issued to any other Bishops Abbots Priors or Clergy men as in Summons to Parliaments and Great Councils where though they had all particular writs of Summons yet the King oft times issued special writs to the two Archbishops to summon all the Bishops Abbots Priors and Clergy within the several Diocesses of their Provinces to appear at the Parliaments Councils and Convocations to prevent all negligence defects or faylers in their Summonâ— and excuses for not appearing whereby the affairs of the King and kigdom might be prejudiced 15. That â—he number of Abbots and Priors summoned to our Parliaments was somtimes more somtimes less as I have briefly touched relating their number in the grosse for brevity sake where I find them particularly mentioned in the Rolls The names of those Abbots and Priorr who were ordinarily or extraordinarily summoned to Parliaments and Parliamentary Councils with the reasons of this incertainty in their numbers by subsequent exemptions because they held no Lands by Barony or Knights service from the King but only in Frankalmoigne or by act of special grace or through vacancy by death or otherwise those who please may read at large in Mr. Seldens Titles of Honor Book 2. ch 5. Sect. 22 23 25. p. 732. to 735. and more particularly in the ensuing Alphabetical Table of their names and Summons I shall here only present the Readers with 3. Kalendars of their names out of the Clause Rolls as I finde them there recorded The 1. List is that in the Clause Roll of 49 H. 3. m. 11 dorso in Cedula where the writ at large being directed to R. c. Episcopo Dunolm c. as it is here transcribed p. 5 6. immediately after the writ this Catalogue of the Bishops Abbots Priors and Deans names summoned to it follows in this form Eodem modo mandatum est Episcopo Karliol Abbati Sanctae Mariae Eborum Priori Dunolm Priori Sanctae Trinitatis Eborum Abbati de Seleby Abbati de Furness Abbati de Fontibus Abbati de Royvall Abbati de Melsa Archiepiscopo Eborum Priori de Parco Abbati de Rupâ— Abbati de Bella Lauda Priori de Bridlington Priori S. Oswaldi Abbati de Rufford Priori de Blida Priori de Thurgarton Priori Karliol Abbati de Wyteby Priori de Giseborne Decano Eborum Eodem modo mandatum est subscriptis Episcopo London Episcopo Wynton Episcopo Exon. Episcopo Wygorn Episcopo Lincoln Decano Exon. Decano de Well Episcopo Elien Episcopo Sarum Episcopo Coventr et Litchf Episcopo Cicâ—str Electâ— Bath et Wellen. Decano Sâ—rum Decano Lincoln In forma praedict a scribitur Abbatibus Prioribus subscriptis sub hac data Teste Rege apud Wodest XXIIII die Decembr Abbati Sancti Edmundi Abbati de Wautham Abbati de Sancto Albano Abbati de Glaston Abbati de Rading Abbati de Cirencestr Priori de Merton Abbati de Oseney Priori Sanctae Fresewid Oxon. Abbati de Missenden Abbati de Waverle Priori Elien Priori Norwicen Abbati Cestr. Abbati Salop. Abbati de Hulmo Abbati de Bardene Priori de Lenton Abbati de Bello Priori Ordinis de Sempliâ—gham Priori de Watton Electo de Evesham Abbati Westm. Priori Hospitalis Sancti Iohannis Ierusalem in Anglia Magistro Militis Templi in Anglia Abbati de Ramesey Abbati de Burgo Abbati de Thorn Abbati de Crouland Abbati Colecestr Priori de Dunstaple Abbati de Bello loco Abbati de Parco Lude Abbati de Stanlegh Abbati de Lilleshull Abbati de Buttlesden Priori de Betuveâ—r Priori de Lews Abbati de Clervaus Priori de Stodley Abbati S. Augustin Cantuar Abbati de Cercesey Priori Sanctae Trinitatis Cantuar. Abbati de Hida Winton Abbati de Middleton Abbati de Cerne Abbati de Abbotisbury Abbati de Tavistocks Priori de Huntingdon Abbati de Sulebey Abbati S. Augustini Bristol Abbati de Malmesbery Abbati de Milchene Abbati de Abingdon Abbati S. Petri Gloucestr Abbati de Persour Abbati de Winchecombe Priori de Coventr Abbati de O elveston Abbati de Teukesbury Priori de Swinesheued Priori de S. Neoto Abbati de Wardon Abbati Sancti Iacobi Northampt Abbati de Leicestr Abbati de Kirkested Priori de Eton. Priori de Cruceroys Abbati de Kirkestall Abbati de Tame Abbati de Bermundesy Priori de Barnewell Abbati de Meryvall Priori Sancti Swithin Winton Abbati de Lesenes Priori de Ledes Priori de Lauda Priori de Spalding Priori Sancti Barthol London Priori de Kenelworth Priori de Nuttell Abbati de Vâ—lle Dei. Abbati de Croxton Here you see 36 Priors inâ—ermixed promiscuously with 65 Abbots one of them only Abbot Elect but not installed the Bishops
nostrumque deliberatum consensum et consâ—â—iium hiis quae mediante Domino ibidem contigerit utiliter ordinari una cum aliis impendendi Ulteriusque faciendi in praemissis et eà concernentibus quod juris fueriâ— et rationis Promittentes Nos ratum firmum et gratum sub Ypotheca reâ—um quos et ligare posâ—umus habituri quicquid dicti PROCURATORES NOSTRI VEL EORUM ALTER in praemissiâ— et ea contingentibus duxerint vel duxerit faciend In cujus rei â—estimonium â—igillum nostrum commune praesentibus est appensum Dat. in Domo nostro Capitulari Bathon 26. That it appears by the Clauses and contents of sundry Praemised Writs as likewise by the Protestations of the Clergy and their Distinct Aydes and Subsidies from the Temporalty granted in Parliaments to our Kings by dâ—â—â—erent Acts of Parliamenâ— exâ—ant in our Printed Statute Books as well as Parliament and Statâ—te Rolls that the King and Temporal Lords and Commons in Parliament could not legally impose any Aydes Subsidies or Taxes whatsoever on the Archbishops Bishops Abbots Priors Deans Chapâ—ers Archdeacons and inferiour Clergy oâ— England without their own special Grants and Consents in their Coâ—vocations it being contrary to the Great Charters of Henry the 1. King John and Henry the 3. Chap. 1. yea to the Freedom Rights Liberties of the Church confirmed by them and to all other Acts confirming Magna Charta and to a particular Act Rot. Parl. anno 8 H. 4. â— 36. exempting them from making Contributions with the Laity Therefore they cannot do it now upon the self same grounds they having as full as large an interest in their Rights freedoms Libeâ—ties and those Grand Charâ—ers Statutes confirming them as any of the Laity have in theirs Yet when they obstinately refused to grant King Edward the first a necessary Ayde for the defence of the Realm in two successive Parliaments one after the other against their allegiance and duty only because Pope Boniface by his Constitution had prohibited under pain of excommunication Ne Talliae vel Exactiones à Clero per seculares Principes quocunque modo exigentur vel eis solvantur de rebus Ecclesiae the King thereupon did put them out of his protection to redeem which many of the Clergy by themselves and many of them by Mediators gave the King the fifth part of their goods notwithstanding the Popes Inhibition which is thus related by Matthew Westminster Anno 1296. p. 407 408. Die Sancti Hillarii celebravit Archiepiscopus Concilium suum cum Coepiscopis suis Suffraganeis Londini in Ecclesia Sancti Pauli Quibus tractantibus per dies octo super postulatione regia non invenerunt iter rectum nec modum exclusivae sententiae si aliqui vel quaeâ—ito colore vel aliquo titulo quippiam contulissent etiam si plurimi clerici aulici curialeâ—que accessiâ—â—ent qui postulatis consilium dederanâ— favorem Quae omnia Regi per Episcopos aliósve nuncios funt relata Qui statim mutatus in crudelem perversa regali aequalitate in tyrannidem licentiatis suis famulis obviantium cleâ—icorum religiosorumque virorum quasi modo hostili equitaturas â—ibi arripere meliores prohibitis insuper placitatoribuâ— in lege sua peritis coram Baronibus de Scaccario seu ante quemvis â—lium Justiciarium secularem pro personis Ecclesiasticis allegare Ecclesiasticos ministros censuit sua pace inâ—ignos Mandavit etiam singulis ordinatis sponte offerre sibi suorum proventuum quintam partem aâ—t invitè cedere omnibus bonis suis. Huic mandato primitus obtemperaverunt quidam â—onsorati in curia regali praelati in cura verò animarum Pilati manifesti ut inducerent pari modo animos caeterorum Quo facto seisita sunt protinus per manus Vicecomitum omnia bona clericorum mobilia immobilia super laicum feodum inventa aâ—quâ— fisco regio titulata cum superabundanti molestia suis ablatis libertatibus qâ—as praedecessores reges Christianitatis conservatores Ecclesiis contulerant authores bonorum Et quod nequius est ferendum appreciabantur ipsorum facultates emptoribus quantocius expoâ—endae nec securi audebant clerici equitare nisi in majori conventu propter militum in clâ—ricos violentiam à rege licentia data Sed omniâ— bona Archiepiscopi mobilia immobiâ—ia capta sunt in manu regis Ipse quidem sustinuit patientè◠Igâ—â—ur Clero siâ—ut supradictum est passo in corpore pasâ—us est Rex in animo Hinc dolor et metus omnium Praelatorum Hiâ—â—mque in perplexitate maxima constituti sunt ut si quicquam concederent sententiam excommunicationis incurrerent ipso facto et si non darent non effugerent immisericordes manus ipsorum praedonum His madefacti adversitatibus pro se ipsis anxii pro grege sibi commisso incoâ—solabiliter moestificati tanquam non habente alimoniam ingruente fame necessario seculum reperere quaesierunt protectionem regis facultatibus suis ratiociâ—io magno redemptis Yet notwithstanding all the Clergy procured special Absolutions from this Poâ—e from that Excommunication they conceived they had incurred by this their Ayd granted to the King against his Constitution though done only through force and such fear as might happen even to a constant man as I observe by certain Instruments of Absolution remembred by none of our Historians but registred in the Leiger Book of the Priory of Bath out of which I have transcribed them as not unworthy publike knowledge Venerabili in Christo Patri Dei gratia Archiepâ—sâ—opo Cantuar. vel ejus Vicario in Spiritualibus Frater Gentilis miseratione divinâ— Ecclesiae Sancti Martini in Montibus Presbyter Cardinalis salutem et synceram in Domino caritatem Ex parte Johâ—nnis de Godmer perpetui Vicarii Ecclesiae de Chedâ—ern Bathon Wellen. Diocaes Nobis oblata petâ—tio continebat Quod ipse olim per vim metum qui cadere posset in constantem invitus Ministris seâ— Collectoribuâ— illustris Regis Angliae contra novae Constitutionts tenorem Sanctissimi Patris Domini Bonefacii divina providentia Papae 〈◊〉 Tallias sive Collec tas per solvit per quod sententiam Excommunicationis incurrit in tales generaliter promulgataem et sic ligatius non tamen in contemptum Clavium in suis Ordinibus ministravit et alias se ingressit divinis Super quibus supplicari feâ—it humiliter siâ—i de absolutionis beneficio et dispensationis gratia per sedem Apostolicam salubriter provideri Nos igitur auctoritate Domini Papae cujus Penitentiariae curam gerimus circumspectioni vestrae committimus quatenus si ita est ipsum Vicarium à dictae excommunicationis Sententia â—uxtae formam Ecclesiae absolvatis Proviso attentè quod idem Vicarius super hoc mandatis Domini Papae et Romanae Ecclesiae semper parebit et faciet illam poenitentiam quam sibi duxerit injungendâ—m eoque ad tempus prout
oppugned complained or voted against in any antient Parliaments to my knowledge which being our Kings Parliaments yea the Grand Councils both of the King and kingdom as the writs of Summons and all Prologues and Acts of Parliament stile them they might thereupon lawfully summon to them what persons they deemed most fit and able to advise assist them and to promote dispatch their publike affairs for their own and the kingdomes benefit safety defence and common welfare though no actual Peers Lords or Barons of the Realm by Patent or Tenure as will more fully appear by the two next Sections 7. This Table doth undeniably convince the forecited Memorandum p. 34. entred in Cl. 6 E. 3. m. 36. Istis Abbatibus et Prioribus subscriptis non solebat scribi in aliis Parliamentis viz. Abbati de Teukesbury with 26 Abbots and Priors there named to be full of gross mistakes For I find the Abbot of St. Augustines Bristol summoned no less than 5. times before and 11. times after 6 E. 3. and the Abbot of Bardenay no less than 33. times sommoned before and 80. times after it being one of the Abbots constantly summoned till the 23 E. 4. and dissolution of Monasteries the Abbot of Barlinges 25. times before it the Abbot de Bello 30. times before and 70. after it being one of the 25 Abbots constantly summoned as a Baron the Abbot of Burton upon Trent 12 times the Prior of Bridlington 8. times the Prior of Chester 4. times the Abbot de Fontibus 26. the Abbot of Furneyes 23. times the Abbot of Gerveux Gervall or Iorvall 13. times the Prior of Gisâ—urn thrice the Abbot of Hayles 21 times the Abbot of Lâ—â—â—â—nes twice the Abbot of St. Ositha 12. timeâ— the Abbot of Perâ—hore 11. times the Abbot of Ryevall 14. times the Master and Prior of the Order of Sempingham 29. times the Abbot of Stratford 12. times all of them before 6 E. 3. the Abbot of Tavistock thrice before and twice after iâ— the Abbot of Thamâ— once the Abbot of Teukesbury 5. times and the Abbot of Wardon 4. times before it Only to the Abbots of Boghland Langedon and Wâ—alley therein mentioned I finde no writs of Summons in any Rolls unless Boghland be meant of Bocland as I conceive it is who was twice summoned and Langedon for Lavedon who was 5. times and Whalley for Wave ley who was 9. times summoned by writ before this Memorandum entred by some ignorant Clerk who had not well examined the former Clause rolâ—s and lists of Summons 8. That the Bishops Abbots and Priors summoned constantly and of right to our Parliaments and Great Councils by writ were thus summoned to them not as they were Bishops Abbots or Priors but in respect of their Baronies which they held of by from and under our Kings as is evident by the Recognition made in the Great Parliamentary Council at Clarindon Ann. 1164. by Petrus Blesensis his Treatise De Institutione Episcopâ— dedicated to King Henry the 2d by the Judgement given against Thomas Becket Archbishop of Canterbury in a Council at Northamâ—ton Anno 1165. 11 H. 2. recorded by William Fitz-Stephens by the Great Charter of King Iohn Anno 1215. 15 Iohanis by that of Matthew Paris Anno 1231. Septimo Calendas Februarii convenerunt ad Colloquium apud Westmonasterium Rex cum Praelatis et aliis Magnatibus ubi exegit idem Rex Scutagium de quolibet Scuto tres marcas ab omnibus qui Baronâ—as tenebant tam Laicis quam Praelatis â—ui Richardus Canâ—uariensis Archiepiâ—copus et quidam Episcopi cum eo audâ—cter resistentes dixerunt Quod non tenentur viri Ecclesiastici judicio subjici Laicorum cum absque 〈◊〉 concessum â—uit Scutagium in finibus â—ransmâ—â—inis Tandem â—etâ— post mustas inde disceptationes negotium quanâ—â—m ad Praelatos reclamantes pertinebat usque 15. dies post Pascha dilationem acâ—â—pit And by this notible passage of the Continuer of Matthew Paris Anno 1267. 51 H. 3. Rex citati fâ—cit Comites et Barones Archiepiscopos Episcopos et Abbates omnesque communiter militare servitium sibi debenter ut apud Sanctum Edmundum equis et aâ—mis sufficienter instructi convenirent ad impeâ—endum â—os qui contra pacem Regiam occupaverunt Insâ—lâ—m Eljensem c. Abadunaâ—is qui ad Parliamentum citati suerant praeter rebelles primo principaliter Rex et Legarus subscriptos Articulos exigebant Ut omnes Praelati rectores Ecclesiarum decimas sibi concederent de tribus annis sequentibus de anno prâ—ximo praeâ—eâ—ito quantum dabunt Baronibus ad custodiendum mare contra alienigenaâ— Responsio Ad hoc responderunt quod bellum inceptum fuerat per iniquam cupiditatem durat in praesens necessarium esset hujusmodi petitiones pessimas praeterire de pace regni tractare et Parliamentum suum ad utilitatem Ecclesiae et regni convertere non ad denatiorum extorsionem praecipue quum terra in tantum destructa sit per bellum quod nunquam vel saltem sero poterit respirate Secunduâ— Item petitum est ut Ecclesiae taxarentur per manus Laicorum justa et alta taxatione ad valorem omnium bonorum spectantium ad easdem Responsio Ad hoc respondebatur quod non est ratio sed omnino contra justiciam ut Laici de decimis colligendis se intromittant nec in hoc unquam consentirent communiter sed tantum ut taxaâ—io antiqua staret Tertius Item ut Episcopi Abbates c. decimam suam darent DE BARONIIS SUIS plenarie et de Laico feudo recta alta taxatione Responsio Ad hoc respondebatur quod depraedationibus sunt depauperati et sequuti sunt Regem in expeditione tanta pecuniarum effusione quod omnino pauperes sunt effecti eâ— etiam â—errae eorum incultae â—acâ—bant propter bellum Quartus Item petirum est ut Clerus communiter daret domino Regi ad relevandum staâ—um suum triginta millia marcarum propter ante dictas decimas quas quidem Legat us vendicabat ad opus Romanae curiae propter debita Siciliae Apuliae et Calabriae contracta in nomine domini Edmundi filii Regis modo praesentis Responsio Ad hoc respondebatur quod â—ihil darent quia omnes hujusmodi taxationes extorsiones per Regem factae prius nunquam in Regis utilitatem vel regni sunt conversae Quiutus Item petitum est ut omnes Clerici TENENTES BARONIAS vel Laicum feudum personaliter armati procederent contra regios adversarios vel tantum servirium in expeditione Regis invenirent quantum pertineret ad tantam terram vel tenementum Responsio Ad hoc respondebatur quod non debent pugnare cum gladio materiali sed spitiâ—uali scilicet cum lachrymis orationibus humilibus devotis Et quod propter beneficia sua
Archbishoprick of York wherewith I shall close up this Section and my Observations on it Claus. 9 E. 2. m. 17. Rex venerabilâ— in Christo Patri W. eadem gratia Archiepiscopo Cantuar. c. salutem Pro firmo credimus et tenemus quod ad ea quae regni nostri salva ionem et â—opulâ— Nobis commissi tranquillitatem et quietem respiâ—iunt cum Dei adjutorio feliciter promovenda mauus velitis extendere liberalitâ—r adjuvantes Quidam itaque Praelati et alii de Clero Provinciae vestre convocaâ—i quos ad interessendum Parliamento nostro apud Lincoln fâ—â—imus summoneri ibidem ex parte nostra super Subsidio nobis pro guerra nostra Scotiae faâ—â—â—nda requisiti ad urgentem necessitatem in hac parte inevitabile periculum quod tam Ecclesiae Anglicanae quam Nobis et toti poputo nostro ex Scotorum inimicorum et rebellium nostrorum qui pluries Râ—gnum nostrum hostiliter sunt ingressi depraedationes inoâ—ndia homicidia at alla dampna quamplunima intulâ—runt perpetrando obstinat a malitia potâ—rit imminere nisi â—orum nequitiae citius et potenâ—â—cus cum Dei adjutorio resistatur suae considerationis intuitum dirigentes ad Subsidium Nobis ex causa praedictâ—s faciendum quatenus voâ—is absentibus cui subsuâ— â—t in quorundam aliorum tam Praelatorum quam Religiosorum et caeterorum de Clero dictae Provinciae absentia potuerunt unanimiter consenserunt Ita tamen quod tam ipsi quam alii de Clero vestrae Provinciae qui in dicto Parliamento praâ—entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo Subsidio Nobis ut praemittitur faciendo in loco debito convocentur Vestram igâ—â—ur Paternitatem reverendam de qua fiduciam gerimus plâ—niâ—rem requirimus et rogamus quatinus omnes Pralatos tam Religiosos quam alios caterosque de Clero Provinciae vestrae supradictae quod sint coram Vobis apud Londâ—n die Mâ—rcurii prox post Quindenam Pasch. prox futur ad ultimum ad tractand in vestra praesentia et una vobiscum consentiend super Subsidio memorato convocari faciatis 〈…〉 Subsidio nomine nostro audiendam it nobis post moduÌ„ reportandam Teste Rege apud Lincoln 17 die Febr. Eodem modo mandatum est Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante mutatis competenter mutandis excepto quod Clerum Eborae Provinciae venir◠〈◊〉 〈◊〉 ipso apud Eborum à diâ— Paschae in unâ—m mensem c. Teste ut supra What ever else concerns the Prelates Abbots Priors Convocation and Clâ—ry is reserved for its proper placâ— in subsequent Sections SECTION II. Of the several writs of Summons to Parliaments and Great Councils directed to the Temporal Lords as The King of Castel the Prince of Wales Dukes Marquesses Earls Viscounts Lords Barons and other Great men of the Lords House whereof there are several forms and varieties with Observations on them SOme pretended Antiquaries not well versed in our Records in their late printed Discourses of The Antiquity of the Parliaments of England p. 22. 24. 88. 89. meeting with a Transcript of ancient writs issued to Earls Barons and Great men holding lands of the King by Knight service to repair to him at a certain time and place cum equis et armis for his defence against Enemies or Rebels in times of warrs insurrection or danger have injudiciously conceived these writs to be Writs of Summons to Parliaments or confounded them promiscuously with them affirming That they find these writs recorded AMONG THE PARLIAMENT ROLLS of 14. or 15. E. 3. and therefore thought good to remember them When as there are â—o such writs extant in any Parliament Rolls in the Tower nor any Writs of Summons to Parliaments or Great Councils entred in our Parliament Rolls as they ignorantly publish but only in the Dorse of the Clause Rolls quite different and distinct from the Rolls of our Parliaments as the meanest Novice in Records can ascertain them Upon the like mistake some have conceited these ensuing writs of Claus. 45 47 H. 3. to be writs of Summons to Parliaments and Great Councils when as the writs themselves declare the contrary that they were only Summons to assist the King against Enemies and Rebells with horses and arms and all their power not to counsel advise or grant any aydes of money to him in Parliament Rex Willielmo de Bello Campo de Aumel salutem Mandamus Vobis in fide et homagio quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis ad Nos sitis London in craftino Apostolorum Simonis et Iudae absque dilatione ulteriori CUM EQUIS ET ARMIS ET CUM POSSE VESTRO tam de servitio vestro Nobis dâ—bito quam de subventione amicorum vestrorum pro quibusdam urgentibus â—â—egotiis personam nostram specialiter et Statum Coronae nostrae tangentibus Et hoc sicut de vestra fidâ—litate et dilectione confidentiam gerimus specialeâ—â—ullatenus omittatis Quia SUBVENTIONEM quâ—m Nobis et Coronae nostrae praeter servicium Nobis debitum ad praesens feceritis in consequentiam trahi nolumus nec vobis per hoc ullo tempore derogari Taliter vos habeatis in hac parte quod dicto die absque defalta ad Nos sitis ita quod vobis exinde in perpetuo teneamus ad grates Teste Rege apud Turrim London 18 die Octobris Eodem modo mandatum est Phil Basset and 107. Barons and great men holding by knights service there registred by name After which this writ ensues in the same Dorse Rex Abbati de Burgo Sancti Petri salutem Mandamus vobis in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis mittaris Nobis Servitium vestrum quod Nobis debetis ita quod sitis ad Nos in crastino Sancti Martini absque defalto pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus Et hoc sub debito fidelitatis qua Nobis â—enemini nullatenus omittatis Teste ut supra Eodem modo mandatum est to 36 Abbots more whose names are there listed in the Roll Then follows this entry Isti subscripti vocati sunt ad crastinum Apostolorum Simonis Iudae CUM EQUIS ET ARMIS Thomas de Chauro with 16. more there named after him Mandatnm est Vicecomiti Essex quod summoneri faciat omnes illos de Honoribus de Redleg et Castro Baynard et de Hundredo de Rochford quod veniant ad Regem ad â—undem diem cum servicio suo Regi debito The like writs issued to divers others in this and other Membranaâ—s of this Roll of 45 H. 3. to ayde the King against the Barons then in rebellion against him and reduce them to their obedience as is evident by this writ
fide 〈◊〉 quibus Nobis tâ—nâ—mini only which is oft times inserted into the writs to the Temporal Lords and others of the Laity not peculiar only to the Clergy as in homagio ligâ—antia are to the Temporâ—lly The reason whereof I conceive to be groâ—nded on that of Littleton in his Chapter of Homage Sect. 86. If an Abbot or Prior or other man of Religion which extends to all Archbishops Bishops Deâ—n Parsons Prebends and other Ecclesiastical bodies Politick shall do homage to his Lord he shall not say IEO DEVEIGNE VOSTR HOME whence Homage hath its name and derivation as all Temporal Lords and Laymen ought to doe when they do their homage to the King or other Lords because he hath professed himself PUR ESTRE TANT SOLEMENT LE HOME DE DEâ—U But he shall 〈◊〉 say I do Homage unto you and to you I shall be true and faithfull and faith to you bear for the Tenements which I hold of you In which respect Glanvil lib. 9. c. 1 2. Bractonâ— 78. F. Britton cap. 68. 〈◊〉 3â— cap. 16. resolve Sâ—â—endum â—st quod 〈◊〉 liber 〈◊〉 â—asculus quam famina Clericus et Laicus major minor dum tamen electi in Episcopos POST CONSEâ—R ATIONEM HOMAGIUM NON FACIUNT quicquid â—ecerunt anie sed TANTUM FIDELITATEM Conventus aâ—tâ—m HOMAGIUM nec faciet de Iure sicuâ— NEâ— ABBAS NEC PRIOR â—o quod tenent nomine alieno scilicet nomine Ecclesiarum as Sir Ed. Cook likewise observes in his 1. Institutes f. 65. b. So that they doing no homage properly so stiled to the King after their consecrations nor using the words I become your man if we credit Lâ—ttleton in making their homage as the Temporal Lords do Therupon I conjecture the writs of Summons command the Temporal Lords and Laity to appear c. in fide â—t homagio et in â—ide et ligeantia quibus Nobis tenemini but the Prelates Spiritual Lords and other Clergy only in fide et dilectione they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Temporaâ—ties they held of him â—â—xcept only those that hold in Frankalmâ—igne as 29 E. 3. f. 38. a. Littleton Sect. 91 92 93. Sir Edw. Cook in hiâ— 1. Instiâ—utes on these Sections and other Law-books resolve For this I shall produce one memorable Record aâ—â—uring us that all the Archbishops Bishops Abboâ—s Priors and Clergy both in England and Ireland did and of right ought to swear fealty to the King as well as the Temporal Lords and Commons and prescribing Commissioners in Ireland to receive it from them Venerabiii in Christo Patri eâ—dem gratia Midden Episcopo et dilectis et fidelibus suis Mauricio filio Mauricii Justiciario suo Hiberniae et Mgistro Iohanni de Sâ—mford Escheatori suo Hiberniae salutem Cum defuncto jam celebris memoriae Domino Henrico Rege patre nostro cujus animae propicietur Alâ—issimus ad Nos regni Angliae gubernaculum et â—errae Hiberniae Dominium pertineant ob quod PRAELATI Comites et Proceres et Communitas Regni nostri Nobis tanquam Domino suo ligio et Regi FIDELITATIS JURAMENTUM et omnia alia quae Nobis ratione Coronae et Dignitatis Regiae ab ipsis fieri et praestari Nobis in absentia nostra poterun plenariè et sine omissione aliqua prompto et libenti animo PRAESTITERINT AC ARCHIEPISCOPI EPISCOPI ABBATES PRIORES Comites Barones Miâ—ites liberè tenentes ac tota Communitas terrae nostrae HIBERNIAE NOBIS tanquam REGI ET DOMINO SUO â—IGIO CONSIMILE SACRAMENTUM FIDELITATIS PRAESTARE TENEANTUR Dedimus â—obis potestatem recipiendi nomine nostro FIDELITATEM IPSORUM Iâ—a tamen quod si vos omnâ—s interesse ne quiveritis tunc duo velâ—â—us vestrum qui prae ensâ—u rit nihilominus plenaâ—iâ—m hab at potestatem recipiendi nomine nostro FIDELITATEM IPSORUM in forma praedicta Et id o vobi mandamus quod FIDELITATEM PRAEDICTAM nomine nostro recipiatis prout melius videbiâ—is expedire In cujus c. 〈…〉 Westm. 7 die Sept. Aâ—n 1 Eâ— 1. Hence I finde this IURAMENTVM EPISCOPORVM in Tâ—ttles Magna Charta printed London 1556. f. 164. b. being nothiâ—g else but the form of the Oâ—th of Fealty which the Bishops took to our Kings before they received their Temporalties out of their hands being the same in substance which the King of Sâ—ots anâ— his Temporaâ— Lords and English Barons and Laymen usually made to King Edward the 1. and his Successors conâ—inued 〈◊〉 these later times Ieo serra soâ—all et loyall et â—oy et loâ—altie porâ—â—ray AV ROY A SES Hâ—IRES ROYS DE ANGLITERRE de vie et de membres et de terrene honour contre toutâ— gentz qui pâ—yent vivre et mounir Et loyaâ—ment monstray et loyalment ferray les services qui appendent a la temporaltie de Levesque de M. la quelle â—eo claimor de tenir de vousâ— et laâ—quelle voâ—us me rendes Si moy ayde Dieu et ses Saints This Oath of Feâ—lty as Sir Edward Cook and others affirm was first invented and generally prescribed to all persons above 12 years of age by our famous British King Arthur who by vertue thereof ex pulit SARACENOS et Inimices â—egno But this certainly is a meer fable and gross mistake which I admire Mr. Lambard and Sir Edward Cook observed not for the Saxacens never invaded England in any age neither were they expelled the Realm by King Arthur but the Saxons who had then and formerly possessed themselves of a great part of Britain were vanquished and expelled by him in the years of grace 518 520 522 as Matt. Westminster Geoffry Manmouth Tho. Walsingham and other of our Historians relate yet not by vertue of this Oath which no Historian mentionâ— but of his arms and 〈◊〉 this Oath as I concâ—ive being rath â—râ—invented by our Saxon Kings than Kiâ—g Arthur and first prescribed by this Law of King Edmund son of Adelstan made at Culinton by advice of his Bishops and wise men about the year 944. Lex 1. Ut omnes jurent in nomine Domini c. FIDELII ATEM Edmundo Reg. SICVT HOMO DEBET ESSE FIDELIS DOMINO SUO sine omni controversia et seditione in manifesto et occulto c. Et quod ANTEQVAM IURAMENTUM HOC DABITUR ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo This Oath thus instituted was backed by the Laws of Edw. the Confessor of Will the Conq. Lex 78 79. published by Mr. Selden in whose reign all Bishops before their Consecrations did Homage to the K. as well as Fealty for their Temporalties Which though Archbishop Anselm opposed yet at last it was agreed between King Henry the first and him by assent of the Bâ—shops Abbots Lords and Great men in a Parliamentary
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
praeter Regni consuetudinem ab Anselmo factiâ—atum indignè ferentes asserebant sese nunquam tam iniquo Papae decreto assensos vel assensuros et potius tam Anselmum regno exterminaturos et ab Ecclesia Romana penitus discesâ—uros quam hanc Papae sententiam A IURE REGIO REGNIQUE CONSUETUDINE PRORSUS ALIENAM ratam haberent After many publike meetings and debates between the King Prelates Nobles and Anselm about this business it was agreed that Anselm and William Werelast the Kings Ambassadour should goe to Rome to Pope Paschal the 2. and debate this business before him where the said William appearing and vehemently urging before the Pope in the Kings behalf Dedecus ei et videri et esse si Antecessorum suorum jura perderet quos ipse et animi magniâ—udine et opum affluentia longe praerivit c. Adding in the close Quod Dominus meus nec pro amissione Regni patietur sibi Ecclesiarum investituras auferri To which the insolent Pope presently replied with a stern countenance Nec ego pro capitis sui redemptione eum investituras permittam impune habere Whereupon they decreed the cause for Anselm against the King and in a Synod at Lateran ratified the former Decree of Pope Urban in the Council at Rome which this Pope by his consolatory Epistle to Anselm informed him of incouraging him openly and boldly to appear and speak in this cause for the Churches divine Liberty Anselm hereupon wrote thus to King Henry inviting him to return into England and to doe him that service as his predecessors had done to his Ancestors Ut autem sim vobiscum ita ut Antecessor meus erat cum patre vestro facere non possum quia NEC VOBIS HOMAGIVMFACERE nec accipientibus de manu vestra Investituras Ecclesiarum propter praedictam Papae Prohibitionem me audiente factam audeo communicare But though Ludovicus Crassus K. of France was so pusillanimous as by his Charter dated An. 1137. to exempt his Archbishops Bishops and Clergy from doing any Homage or Fealty to him for their temporalties before or after their Consecrations granting them Quod canonicam omnino gauderent libertatem ABSQVE HOMAGII IURAMENTI seu fidei primum datae obligatione Yet K. Hen. the first though he were contented at last to part with his investitures to Bishopricks and Abbies yet he would upon no terms exempt any Bishops or Abbots from the homage due unto him for their temporalties after their elections and before their Consecrations not from the Oath of Fealty they alwayes doing homage to him and his Successors at least wise before their consecrations though seldom after them and that in the self-same form as Laymen did without omitting this Clause I become your man as appears by Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Britton ch 66 of Homages and 17 E. 2. Of the manner of doing Homage and Fealty prescribing only one and the self-same form of homage as well to the Clergy as Laity as well as the same Oath of Fealty which they equally performed though Littleton and he alone makes a difference between their forms of Homage Hence in the Parliament at Salisbury Anno Dom. 1116. Comites Barones CUM CLERO TOTIUS REGNI in praesentia Regis Henrici 1. sibi et Willielmo filio suo HOMAGIUM FECERUNT FIDELITATEM IURAVERUNT as the Chronicle of Bromton and other of our Historians record I shall illustrate this discourse touching Homage and Fealty with these memorable clauses in the Charter of King Stephen touching the agreement made between him and Henry Duke of Normandy c. in a Parliamentary Assembly of the Bishops and others of the Realm at Wallingford Anno Gratiae 1153. wherein King Stephen declaring him the right hereditary heir to the Crown of England after his death and he reciprocally agreeing that Stephen should enjoy the Crown and Kingdom quietly without interruption by him during his life thereupon Dux propter hunc honorem et donationem et confirmationem sibâ— Ã me factam HOMAGIUM michi et Sacramento securitatem fecit scilicet quod fidelis michi erit et vitam et honorem meum pro suo posâ—e custodier per conventiones inter Nos praelocutas Ego etiam secuâ—itatem Sacramento Duci feci quod vitam et honorem ei pro posse meo custodiam et sicut fiâ—ium haeredem meum in omnibus in quibus potero eum manuâ—enebo et custodiam contra omnes quos poâ—ero Willielms autem filius meus HOMAGIUM et securitatem Duci fecit c. Comites Barones Ducis qui homines mei nunquam fuerunt pro honore quem Domino suo fâ—ci Homagium et Sacramentum michi fecerunt salvis conventionibus inter me et Ducem factis Coeteri vero qui ante Homagium michi fecerant fideliâ—atem michi fecerunt sicut Domino Et si Dux à praemissis receâ—erit omnino a servicio ipsius cessarent quousque errara corrigeret c. Comites etiam et Barones mei LIGIUM HOMAGIUM DUCI FECERUNT salva mea fidelitate quamdiu vixero et regnum tenuero Simili lege quod si â—go à praedictis recederem omnino à servicio meo cestarent quousque errata corrigerem Cives etiam Civiâ—atum et homines Castrorum quae in Dominio meo habeo ex praecepto meo homagium et securitatem Duci fecerunt salva fidelitate mea quamdiu vixero et regnum tenuero Archiepiscopi Episcopi atque Abbates de regno Angliae ex praecepto meo FIDELITATEM SACRAMENTO DUCI FECERUNT Illi quoque qui in regno Angliae Episcopi deinceps fiâ—nt vel Abbates IDEM FACIENT In the Recognition of the antient Customs of the Realm of England used in the reign of King Henry the 1. and his Ancestors quae observari debebant in regno ab omnibus teneri drawen up and agreed upon Febr. 8. Anno Dom. 1164. in the famous Parliamentary Council of Clarindon in the presence of the King and of all the Archbishops Bishops Abbots Priors Earls Barons and Great men of the Realm who all juraverunt firmiter in verbo veritatis promiserunt viva voce tenendas et observandas Domino Regi et HAEREDIBUS SVIS bona fide et absque malo ingenio in perpetuum I finde these Articles pertinent to my purpose Archiepiscopi Episcopi et universae personae regni qui de Rege tenent in capite habeant possessiones suas de Rege sicut Baroniam et inde respondeant Justiciariis et Ministris Regiis et fequentur et faciant OMNES CONSUETUDINES REGIAS et sicut caeteri Barones debent interesse judiciis Curiae regis cum Baronibus quousque pervenitur ad diminutionem membrorum vel ad mortem Cum vacaverit Archieplscopatus Episcopatus vel Abbatia vel Prioratus in dominio Regiâ— esse debet in manu ipsius
Norwich Waltero de Thorp Gilberto de Middleton T. ut supra to come to the King apud Dover another day 33 It is most apparent by these respective Clauses twice recited in all antient and modern writs of summons to the Spiritual Temporal Lords 4 or 5 times in the writs of Prorogation Resummons to them hereafter cited Section 7. Vobiscum cum caeteris Praelatis or cum Praelatis et caeteris Magnatibus et Proceribus dicti regni habere volumus or proponimus Colloquium Tractatum Vobis mandamus c. quod personaliter ad dictos diem locum intersitis Nobiscum et cum caeteris Praelatis Magnatibus et Proceribus dicti regni super dictis negotiis tractaturi vestrumque Consilium impensuri which make not the least mention of their sitting treating or consulting with the Knights Citizens Burgesses or Commons of the Realm or of theirs with the Lords And by the like Clauses in the writs of Summons to the Kings Counsil and in the writs issued to Sheriffs for electing Knights Citizens and Burgesses The first part whereof recites Quia nos de avisamento et assensu Consilii nostrâ— c. quoddam Parliamentum nostrum apud W. c. tâ—neri ordinavimus et ibidem cum Praelatis Magnatibus Proceribus dicti regni nostri ColloquiuÌ„â—abere et Tractatuâ— without mentioning any Conference or Treaty at all of the Commons jointly with the Prelats Lords Great men in the Parliament who by the writ are to be elected reâ—urned summoned impowred only Ad faciendum et consentiendum hiis quae tunc ibidem de Communi Consilio regni nostri or Praelatorum Magnatum Procerum dicti regni nostri divina favente Clementia contigerit ordinari That the Lords and Commons nevâ—r sate and consulted together as one intire House in the Parliaments of England since their first Summons to our Parliaments but that theâ— alwaies sate and consulted asunder one from the other Therfore Sir Edw. Cook his over-confident Assertion without any real ground of Authority or reason in his 4. Institutes p. 4. Certain it is that at the first both Houses â—ate together as it appeareth by Modus tenendi Parliamentum which directly avers the contrary Sect. 15 16 17 27. and by 5 E. 3. n. 3. other places of the same Roll and in 6 E. 3. in divers places it appeareth that the Lords and Commons sate together when as both those Parliament Rolls and others unâ—er Ed. 3. expresly evidence the contrary as I have elsewhere fully evidenced must be exploded as Apochryphal and enumerated amongst his other mistakes 34 That the Temporal Lords could not impose any Tax Aid or Subsidy upon the Archbishops Bishops Abbots Priors and Spiritual Lords or Clergy without or against their particular grants or assents in Convocation no more than the Spiritual Lords and Clergy could impose any Aids or Taxes upon the Temporal Lords and Commons as I have formerly evidenced p. 113. to 120. 148 149 153 154 155. For further evidence whereof I shall hereunto subjoyn this ensuing memorable writ casuallâ— omitted out of the first Section pag. 31. where it should have been placed Clauâ— 4 â—d 3. m. 3. dorso Rex venerabili in Christo Paâ—ri S. eadem gratia Archiepiscopo Cantuar. totius Angliae Primati salutem A vestra memoria non excidit ut speramus qualiter nuper apud Elâ—ham in praesentia vestra et aliorum Praelatorum et Procerum de regno nostro quos tunc ibidem pro magnis et arduis nego â—iis nostris fecimus congregari exposita â—uerunt inter alia negotia contingentia Nos et Regem Franciae et post diligentem tractatum inde habitum tam vobis quam ipsis videbatur quod pro pace habenda cum ipso Rege esset omnibus modis et viis quibus poâ—sumus exhaeredâ—tionis periculo obviare insistend Et si forâ—an ideÌ„ Rex vias Pacis rationabiles recusarâ—t et ad exhaeredationem nostram quoad Ducatum praedictum et alias terras quas habemus subDominio suo niâ—eretur quod ad defensionem nostram contra ipsuÌ„ cuÌ„ Dei adjutorio vires nostras opponere deberemuâ— Eâ— ad hoc tam vos quam câ—â—â—eri Praelaâ—i 〈◊〉 Magnates tunc ibidem existen praebuistis consilium â—et promisistis opem et auxilium opponere oportunium Et suâ—er hoc concordatum existiâ— quod Parâ—iamentum nostrum apud Wynton ad diem Dominicam prox ante festum Sancti Gregorâ—i Papae prox prae eriâ—um summoneri fâ—cerimus Verum quia in eodem Pâ—rliamento expositis negotiis supradictis habitaque deliberaâ—ione super modo et forma defensionis contra potentiam ipsius Regis si forsan dictas terras nostras invadere voluerit apponendo petitoque sigillatim a qâ—â—liber Praelâ—to et Magnate CUIVSMODI SUBSIDIUM NOBIS IN EODEM EVENâ—U FACERE VOLEBAT ac Comitibus et BARONIBUS voluntatem in ea parte Nobis benevole exponenâ—ibus dicti Praelati responderuâ—â— quod propâ—er absentiam vestram eorum responsum tunc facere nequiverunt sed IN CONVOCATIONE ea de causa facienda taliter facere volebant quod inde contentari deberemus Nos igitur ad pericula et dampna quae non solum nobis sed etiam vobis et toto regno nostro evenire poterunt si praefatus Rex Nobis guerram movere voluerit ut est dictum nisi de bona et forti resistenâ—ia providaâ—uâ— â—â—bitae considerationis inâ—uitum diâ—igentes attendenâ—es quoque quod ad hoc non solum ex Ligeantiae debiâ—o sed etiam pro tantis et tam ineâ—â—imabi ibus evitandis periculis Vos et caeteri Praelati â—atuâ—qâ—e Clerus regni nostri manus apponere tenemini adjuâ—rices Vobis mandamus rogantes quaâ—inus ad diem Lunae prox post sestum Sanctorum Tiburtâ—â— Valeriani prox futur convenire fac omnes Praelatos tam Religiosos quam alios totumquâ— Câ—erum vestrum Cantuar. Provinciae coram Vobis eisque dicta negotia et peâ—icula imminentia seriosius exponere studeatis Inducentes eos modis et viis quibus expedire videâ—iâ—is quod tantae necessitatis articulo TALE NOBIS SUBSIDIVM FACIANT pro tantis periculis evitandis quod per vestrum et ipsorum subventionem jura et honorem nostri et totius regni nostri conservare ipsosque et totum populum nostrum ab hostium incâ—rsibus â—ueri et protegere valeamus domino nobis assistente Mittemus autem ad vos ad â—iem et locum praedictos quosdam de fidelibus nostris ad praemi sa prosequenda â—ieri curanda prout eis tunc ex parte nostra injungetur Teste Rege apud Winton 18 die Marcii Anno Regni nostri quarto 35. That the Lords in Pâ—rliament were the usual Iudges not only in all Crâ—minal and Civil Causes and writs of Error but likewise in all cases of Precedency and Controversies concâ—rning Peers and Peerage as
of law or right either Peers Lords or Barons of the Realm for life or inheritance nor give them much lesse their issues after them a right of summons to or voice amongst those who are reall Peers and Lords by Tenure Creation or Descent in all succeeding Parliaments but only a temporary right to treat and advise with the King and other Lords in those Parliaments and Councills to which they are particularly summoned and not in any others as it did in the cases of Abbots Priors and other ecclesiastical persons thus summoned to and sitting now and then in the Lords House but holding no Lands by Barony whose general Writs of summons to and session in Parliaments and Councils made neither themselves during their lives nor their successors after them actuall Peers or Barons of the Realm as Sr Ed Cook others acknowleg and I have elsewhere proved there being the self same reason and by consequence the self same Law in both cases Else our Kings by Sir Edwards own doctrin had been and should be bound Ex debito Iustitiae to summon every one of those Knights and Laymen once summoned to and sitting in any of their Parliaments and Great Councils by vertue of their general Writs without any other creation during their natural lives and their beires males being of full age after their deaths to all succeeding Parliaments and Councils and ought not to have omitted them out of the lists of summons at their pleasures and their posterities after them in all succeeding Parliaments as we experimentally find they did without the least question claim or complaint made by them or their heirs for ought I find in Records or Histories Whereas not only the Earles and Barons in the Parliamentary Great Council at London under King Henry the 3. Ann. 1255. refused to grant any aid or act any thing therein because All the Barons were not at that time summoned to Parliament as they ought to be by the tenour of Magna Charta but even other succeeding Parliaments have done the like And in the Parliament of 2. Caroli An. 1626. the Earle of Bristoll being a Peer of this Realme and not receiving a summons to Parliament according to the Priviledge of his Peerage thereupon compiained thereof to the Lords House who referring the buisnesse to their Committee of Priviledges Vpon the Earl of Hertfords report from the Committee The Lords resolved it necessary for them to beseech his Majesty that a Writ of Summons might be sent to this Earl and also TO SUCH OTHER LORDS WHOSE WRITS ARE STOPPED except such as are made uncapable BY JUDGMENT OF PARLIAMENT or some other legal judgment Whereupon writs were issued to them It being a great intrenchment upon the Liberty Priviledges and Safety of the Peers of the Land and of dangerous consequence for the King at his pleasure to omit any of them out of the Writs of summons keep back their Writs or restrain them from the Parliament after their receit as they then resolved in his case and the Earl of Arundels likewise the same Parliament 5. From this Table we may discern the observation of learned Sir Heâ—ry Spelman in his Glossary touching the summons of the Greater English Barons to Parliaments to be in a great measure justifiable Denuo autem crebra bella simultates quas Reges veteres aliquando habuere cum his ipsis MAIORIBVS SVIS BARONIBVS alios etiam eorum interdum omitterent alios vero NON BARONES ad Parliamenta evocarent habitique sunt deinceps PERPETVO OMISSI PRO NON BARONIBVS evocati contra BARONVM Titulo salutantur Aegrè hoc ferentes Proceres Johannem adigere sub magno sigillo Angliae pacisci Vt Archiepiscopos Episcopos Abbates MAJORES BARONES REGNI sigillatim per literas sommoniri faceret Quod autem adeo neglexit Henricus 3. Vt cum ipsemet Anno Regni sui 41. ducentas quinquaginta Baronias in Anglia Numerasset vocaretque ad Parliamentum Anâ—o 49. regni sui 120. Praelatos Ecclesiae Laicos tantum Barones 29. accersivit the rest were newly slain in the Battle of Evesham or in actual rebellion which was the true cause hereof ut â—è Schedis constat ejusdem Parliamenti Neglexit utique Edovardus I. multos quos vocassâ—t Hen. 3. etiam silios plures quorum ipse partes 1 admisissit aliis interim introductis Sic antiqua illa Baronum dignitas secessit sensim in titularem arbitrariam REGIOQUE TANDEM DIPLOMATE IDâ—IRCO DISPENSATA EST to wit by his speciall Patents of creation with particular Clauses granting them and their heires Males ut eorum quilibet Sedem et Locum in Parliamentis Nostris et Hâ—redum et Successorum Nostrorum infra Regnum nostrum Angliae tenendis inter ALIOS BARONES VT BARO c. not by any generall Writs of Summons which have not the word BARO in them 6. That although some of our ancienter Kings as Henry the third to settle Peace after the battle of Lewes and Barons Wars Claus. 49. H. 3. d. 10. 11. Cedula King Edward the 1. and 2. in some of their Parliaments and King Edward the 3d. in his Great Councill cl 32. E. 3. d. 1 4. did upon extraordinary Occasions and Necessities summon not only sundry Abbots Priors and Ecclesiasticall Persons but likewise divers Laymen of Great estates Wisdome Parts and abilities who were no Peers Lords nor Barons of the Realme by Tenure Patent or Descent by the self same form of generall Writs as they summoned the Bishops Abbotis Spiritual and Temporal Lords who were reall Peers and Barons of the Realme Vobiscum c. Nobiscum cum caeteris Praelatis Magnatibus Proceribus super dictis negotiis â—ractaturi Vestrumque Consilium impensuri c. and that only once twice thrice or perchance oftener never summoning them nor their heires or successors afterwards or very rarely so it is observable 1. That they did it very seldome upon extraordinary emergent necessities not customarily or frequently 2ly That they did it not out of any affront or opposition to the antient Hereditary reall spiritual or temporal Lords Peers and Barons of the Realm to seclude overvote baffle disparage all or any of them but by their advise consents and approbation as the Writs Rolls attest 3ly That their numbers usually except in 49 H. 3. when most of the Barons were slain at Evesham or in actual armes against the King or when some extraordinary aid advise or assistance was required of them were not very great nor considerable the antient spiritual and temporal Lords and Barons being usually double treble quadruple to them and for the most part six or ten to one as you may easily discerne by comparing their names in every list of summons 4ly That there are very few Presidents under King Edward the 3. of anâ— conâ—iderable numbers of such spiritual or temporal persons called to his Parliaments but only to
Parliamentum nostrum apud Lincoln mittatis Ita quod sint ibi in Octabis Sancti Hillarii prox futur ad ultimum Nobiscum cum caeteris de Consilio nostro super praemissis tractaturi suumque consilium impensuri Et hoc sicuâ— Nos honorem ac commodum Regni nostri diligitis nullatenus omittatis T. Rege ut supra Eodem modo mandatum est Cancellar et Universitati Cantebr quod mittant ad dictum Parliamentum duo vel tres de discretioribus et magis in â—ure scripto expertis c. Then follows a writ to sundry Abbots Priors Deans and Chapters with the same recital Quia super Iure Dominio c. as in the last De mittendiâ— Chronic ad Parliamentum c. of which in its due place more fully The occasion and result whereof and of sending these Lawyers from the Universities to the Parliament you may read at large in Matthew Westminster Anno 1302. p. 419. to 438. and in Thomas de Walsingham Hist. Angl. p. 32. to 58. Before I proceed to the ensuing Writs I shall here observe 1. That this recital Quia super jure Dominio quae Nohis in regno Scotiae competit c. is not mentioned at all in the Writs of Summons to the Archbishops Bishops Abbots Priors temporal Lords Justices or Sheriffs of Counties but only to the Clergy-men of the Kings Counsil Vniversities and to those Abbots Priors Deanes and Chapters who were to search and send their Chronicles to the Parliament that had any thing in them concerning the Kings right to Scotland 2ly That for the Honour of my Quondam nursing Mother the University of Oxford she is here preferred before the Vniversity of Cambridge and her Chancellor and she enjoyned to send 4. or 5. of the discreâ—test and most exact Lawyers of the said University to the Parliament to treat with the King and the rest of his Counsil concerning his ancient right and dominion to the Realme of Scotland whereas the Chancellour and Vniversity of Cambridge are commanded to send only 2. or 3. such Lawyers of it for that purpose 3ly That these Lawyers sent from the Universities upon this special occasion were only extraordinary assistants there being no such president of any thus sent to succeeding Parliaments The 6. Writ of this kind is in Claus. 30. E. 1. d. 13. Rex dilectoâ— fidelissimo suo Rogero la Brabazun salutem Quia super quibusdam arduis negotiis Nos totum Regnum nostrum specialiter tangentibus Vobiscum Cum caeteris de Consilio Nostro habere Volumus colloquium tractatum Vobis mandamus firmiter injungentes quod in Octabis Nativitatis Sancti Johannis Baptistae prox futur ad ultimum apud Westm. omnibus modis personaliter intersâ—â—is Nobiscum superâ—dictis negotâ—is tractatur vestrumque consilium impensur hoc nullatenus omittatis T. Rege ut supra p. 13. Consimiles literae diriguntur subscriptis viz. 33. more Judges and others mentioned in the former Catalogues Anno. 34. E. 1. dors 2. There is no Writ to the Assistants entred in the Roll but 16. of them only Justices and Clergy-men are named in the Eodem modo after the Lords and great men with aâ—little space between their names for distinction sake The next Writ of this kind is thus briefly registred Claus. 1. E. 2. dors 19. Rex dilecto fideli suo Rogeroâ— le Brabazun salutem Quia super quibusdam c. ut supra usquâ— ibi vobiscum cum caeteris fidelibus nostris c. Magnatibus c. Teste Rege ut supra p. 14. 15. eodem modo scribitur subscriptis viz. 29. more Justices Clerks and others In Claus. 1. E. 2. d. 9. There is no Writ but after the Earles and Barons Writ and names followes this entry Eodem modo mandatum est subscriptis viz. Willielmo Iuge and 36. others whereof 2. only were Clergy-men The next Writ is in Claus. 1. E. 2. dors 8. Rex dilecto fideli suo Rogero de Brabazon salutem Quia c. ut supra p. 15. Vobis mandamus firmiter injungentes quod dictis die loco omnibus aliis praetermissis personaliter intersitis ibidem Nobiscum Cum caeteris de Consilio Nostro super dictis negotiis tractatur vestrumque consilium impensur hoc nullatenus omâ—ttatis T. R. apud Westm. x. Die Martii Consimiles literae diriguntur to 35. others Justices and Lay-men and but to 2. Clerks In Claus. 2. E. 2. d. 14. 11. 20 Schedula there are 4. Writs of the same forme with the last The 1. to Roger de Brabazon and 34. others whereof one only was a Clerk the 2. to him and 16. others whereof 7. were Clerks the 3d. to him and 22. others whereof 6. were Clerks and two others Escheators the one ultra Trentam the other citra Trentam The 4th to him and 6. more the one of them a Clerk The next Writ is in Claus. 4. E. 2. dors 1. somewhat different from the former Rex dilecto fideli suo Willielmo de Bereford salutem Quia super diversis arduis negotiis Nos Statum Regni nostri specialiter tangentibus in instanti Parliamento nostro die Dominica prox ante festum Sancti Laurentii prox futur fecimus summoneri Vobiscum cum caeteris de Consilio nostro Colloquium habere volumus tractatum Vobis mandamus firmiter injungentes quod omnibus aliis praetermissis dictis die loco personaliter intersitis Nobiscum cum caeteris de Consilio nostro super praemissis tractaturi Vestrumque consilium impensur Et hoc nullatenus omittatis T. ut supra â—p Eodem modo scribitur subscriptis viz. 16. Lay-men more Claus. 5. E. 2. d. 17. The Kings Counsill Clerks and Judges are thus entred in the eodem modo scribitur subscriptis after the Earles and Lords with a lines space between them and this distinction made between them in the margin of the Roll. Iohanni de Sandale Iohanni de Merkingfeld Waltero de Norwico Iohanni Abell Magistro Ricardo de Abyndon Magistro Iohan. de Everdon Magistr Roberto de Pickering Magistro Iohanni de Nassington senior Rogero Brabazon Willielmo de Bereford Gilberto de Roubury Stephano de Malo Lacu Waltero de Thorp Magistro Tho. de Cobham Magistro Golberto de Middleton Magistro Tho. de Loggore Willielmo de Goldington Iohan. de Chaynell Roberto de Cliderhow Iohan. de Foxle Roberto de Reâ—ford Willielmo de Ormesby Henrico de Stourton Henr. le Scroop Iohan. de Benstede Iohan. de Insula Lamberto de Trikingham Iohan. de Miâ—ford Henr. de Guldeford Iohan. de Doncastr Willielmo Inge Henr. Spigurnel In Claus. 6. E. 2. d. 31. There is such a Writ to Roger le Brabazon as the fore rehearsed with Vobiscum caeteris de Consilio nostro c. twice repeated in it and an eodem mâ—do mandatum est to 42
the Chancellor of the Eschequer Here a Bishop elect is summoned as one of the Counsil though usually summoned as a Spiritual Peer and the Gardian of the Spiritualties of the Bishoprick of Chichester sede vacante summoned in the list amongst the Bishops not this Bishop elect who is summoned as a Bishop the next year and Parliament Claus. 12 E. 3. d. 11. the Writ issued Galfrido Lescrop and 12. more wherof the Kings Treasurer and Chancellor of the Exchequer were two Claus. 12â— E. 3. pars 2. d. 32. the writ entred issued Iohanni de Stonâ—re with the same recital as p. 41 42. and then Quod omnibus aliis praetermissis intersitis cum dicto Custoâ—e et cum caeteris de Consilio praedicto super dictis negotiis tractatur c. Eodem modo mandatum est to 13 others whereof the Kings Treasurer and Chancellor of the Exchequer are two and the last Robto de Sadyngton Capitali Baâ—dni de Scaccario the first I observe summoned by this Title Claus. 13 E. 3. pars 2. d. 28. the writ entred is of the self-same form with the last and to the same 13 persons though not listed in the same order and with this addition of Regis after Staccario to the Chief Baron Claus. 13 E. 3. pars 2. d. 1. we have the same form of writ to Stonore and 13 more the very same as in the two former lists Claus. 14 E. 3. pars 1. d. 33. the like to him those 13 and one more and Pars 1. d. 23. to him and 14 more The Writ in Claus. 15. E. 3. pars 1. d. 37. issued in usual form Dilcto et fideli suo Roberto de Parnings Thesaurar suo and 9. others Claus. 17 E. 3. pars 1. d. 25. Roberto de Sadington and only 6. more Claus. 18 E. 3. pars 1. d. 14. Willo Scot and but 4. more Cl. 20 E. 3. pars 2. d. 22. Willo Scot Quod personalâ—â—er intersitis Nabisâ—um si praesentes fuorimus ibidem seu cum Custode dicti Regni nostri si abesse nos contigerit cum caeteris de Consilio nostro super dictis negotiis c. and 14 others the two last Roberto de Thorpe Servienti Regis Henry de Grene Servienti Regis Claus. 21 E. 3. pars 2. d. 9. Willielmo de Thorpe with the same recital as to the Archbishop Here p. 52 53. and the same Seire vos volumus quod dictum Parliamentum non ad auxilia c. as in that writ Eodem modo mandatum est to 16 others the 4 last the Kings Serjeants at Law namely Roberto de Thorpe Servienti Regis Henr de Grene Servienti Regis Willo de Notton Servienti Regis Thomae de Seton Servienti Regis Claus. 22 E. 3. pars 1. d. 32. the writ issued Willo de Thorpe and 16 more the 4 last the Kings Serjeants forenamed This writ is registred next after the Lords As is that in Clause 22 E. 3. pars 2. d. 7. issued to Iudge Thorpe and 15 more the 4. last the Kings Serjeants forenamed In Claus. 24 E. 3. pars 2. d. 3. the writ runs in this form Rex dilecto et fideli suo Willo de Shareshull salut Quia pro quibusdam arduis et urgenâ—ibus negotiis Nos statum et bonum regimen Regni nostri Angliae et aliaruÌ„ terramÌ„ et Dominiorum nostrorum Parl nostrum apud Westm. in Octabis Purificationis beatae Mariae Virginis prox futur tenere cum Praelatis Magnatibus et Proceribus dicti Regni nostri Angliae aliis de Consilio nostro Colloquium habere volumus tractatum Vobis mandamus c. personaliter intersitis Nobiscum cum dictis Praelatis Magnasibus et Proceribus dicti regni Super dictis negotiis tractatur c. Eodem modo mandatum est to 12. more the 4 last are the Kings forecited Serjeants at Law Claus. 25 E. 3. pars 1. d. 5. the same form of writ as the last issued to William Shareshull and 13 others whereof the last are the 4. Serjeants Claus. 26 E. 3. d. 14. there are two writs registred one after another the first to Shareshull and 7 Justices more The 2. Dilecto Clerico suo Magistro Iohanni de Leech and 8 Masters more So Claus. 27 E. 3. d. 12. there are two distinct writs to the same parties and to 6 Justices and 3. more Masters In Claus. 28 E. 3. d. 26. There is only one Writ to William de Shareshull of the same form with that of 24 E. 3. and to 11 more whereof 4 are the Kings Serjeants namely Thorp and Notton forecited Willo de Skipwith Servienti Regis Ioh Mowbrey Servienti Regis last named The same form of writ to him 13 others is registred Claus. 29 E. 3. d. 8. wherein the Kings said Serjeants are last listed Claus. 31 E. 3. d 21. there is the like writ to him and 14 others where Notton Skipwith and Mowbrey are listed without the addition of Kings Serjeants Claus. 31 E. 3 d. 2. the like writ is entred to him and 15 others without the addition of Serjeants to those so stiled in former lists The writ in Claus. 34 E. 3. d. 4. to William de Shareshull and 13 others is only cum Praelatis et caeteris Magnatibus et Proceribus dicti Regni Colloquium habere c. Dictis die et loco personaliter intersitis Nobiscum et cum dictis Praelatis Magnâ—tibus et Proceribus dicti Regni c. without the clause caeteris de Consilio nostro in either place or any other part of the writ So is the writ Claus. 36 E. 3. d. 16. Henr Grene and 8 others and Claus 37 E. 3. d. 22. to him and 8. more and Claus 38 E. 3. d. 3. to him and but 5 besides and Claus 39 E. 3. d. 2. Iohi Knyvet and 13 more wherof Mro Thomae Young Offic Cur Cancell is oneâ— the first I find so stiled in the Rolls The like writ Iohanni Knyvet is in Claus 42 E. 3. d. 22. and 8 others and Claus 43 E. 3. d. 24. â— Claus 44 E. 3. d. 1. the same in forme persons number without any Clause cum caeteris de Consilio nostro in them There is this form of writ in Claus 46 E. 3. d. 11. different from the precedent Rex dilecto et fideli suo Iohi de Cavendish Capitali Justiciario suo salutem Quiâ— pro quibusdam arduis c. ut supra p. 67 teneatnr et cum Praelatis Magnatibus et Proceribus Regni nostri Angliae tractatus et Colloquium habeantur Vobis mandamus firmiter injungentes quod omnibus aliis praetermissis dictis die et loco personaliter intersitis Nobiscum si praesentes fuerimus ibidem seu cum Ricardo filio Carissimi Primogeniti nostri Edwardi Principis Aquitaniae Walliae Custode Regni nostri Angliae et locum nostrum tenente in eodem Regno si abesse Nos contigerit et CUM
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
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
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
one body contrary to their very fundamental Laws Constitutions Rights Priviledges to their grand prejudice and dishonour Therefore there is no reason for either of them to submit and conform thereto The rather because this Instrument was never ratified by any but opposed by every publick Convention since its publication yea totally set aside if ever valid by the last of them in and by this clause of their humble Petition and Advice Artic. 3 4. That the number of persons to be elected and chosen to sit and serve in Parliament for England Scotland and Ireland and distribution of the persons so chosen within the Counties Cities and Burroughs of them respectively may be according to such proportions as shall be agreed in this present Parliament which agreed nothing concerning the same And both the Instrument and Advice being now set aside by those in present power by issuing Writs for electing Knights Citizens and Burgesses throughout England according to the ancient Laws Usage Custome and not according to the Instrument or Advice by which the English and Commons House are now remitted to their old Parliamentary Rights Priviledges They are obliged upon all these Reasons Authorities and Considerations henceforth to seclude all Scotish and Irish Knights Citizens Burgesses or Peers from sitting or voting amongst them as Members and ought to treat with them onely as Delegates or Commissioners sent from both Nations touching such affairs as particularly relate to Scotland and Ireland according to ancient and late Presidents but not to permit them any place or vote at all in the Commons or Lords House as joynt-Members Legislators with the English in the Parliaments of England 7. Because the thrity persons to be chosen for Scotland and the other thirty for Ireland and the several Counties Cities and Borroughs within the same to represent and oblige both these Kingdomes and Nations as their Representativees and Attornies are not to be elected by the generality of both Kingdomes as in justice reason equity they ought to be but by such as the Major part of the Council at Whitehall shall prescribe as the 9th Article in the Instrument declares some whole Counties and eminent Cities in both Kingdomes having no voices at all in the Elections of these Members and therefore not to be obliged by them as 44. E. 3. f. 19. 11. H. 7. 14. 21. H. 7. 40. 23 H. 8. Br. Lert 27. 7. H. 6. 35. 6. Dyer 373. b. resolve This being a general Rule in Law Justice Reason inserted into the very Writs of Summons to Parliament Claus. 24. E. 1. m. 7. dorso here p. 6. Ut quod omnes tangit ab omnibus approbâ—tur And the sole reason why Acts of Parliament oblige all those who send Knights and Burgesses to them and not tenants in Ancient Demesn is onely this because they assent unto them in and by their representatives as the Statute of 1 Iac. c. 1. 4. H. 7. 10. Brooke Parliament 25. 27. 41. Ash Parliament 10. and Proclamation 39. and the Law-books Authorities there collected to this purpose determine 8. In the Parliament of a Caroli the Lords Spiritual and Temporal then in Parliament assembled exhibited this Petition to the King That whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of these Kingdomes resident here with their families and having their estates among us do by reason of some late created dignities in those Kingdomes of Scotland and Ireland claim precedency of the Peers of this Realm which tends both to the disservice of your Majesty aâ—d to the diâ—paragement of the English Noâ—ility as by these Reasons may appear 1. It is a nobelty without President that men should inherit honours where they possess nothing else 2. It is injurious to those Countries from whence their Titles are derived that they should have a voâ—e in Parliament where they have not a foot of Land c. Upon the consideration of which inconveniencies they humbly beseeched his Majesty that an order might be timely setled therein to prevent the inconvenience to his Majesty and redress the prejudice and disparagement to the Peers and Nobility of this Kingdome occasioned thereby which the King promised to do And is it not a far greater inconvenience prejudice and disparagement to the Nobility Gentry and Parliaments of England yea a greater Novelty and Injury than this they then petitioned against not only for the Nobility but for the very Knights Citizens Burgesses of Scotland and Ireland to sit with and take place of the ancient Peers Knights Citizens and Burgesses of England according to their several Titles and to enjoy an equal vote judicature priviledge with them in every particular in the very Parliaments of England which they never formerly did though they have not one foot of Land in England nor the English any vote of place in their Parliaments No doubt it is Therefore as fit to be timely redressed as that grievance upon the self-same grounds being more universal prejudicial and dishonourable to the whole English Peerage Parliament and Nation than this which concerned the English Peers alone and that onely out of Parliament 9. This number of Members sent from Scotland and Ireland to the Parliaments of England holds no just not equal proportion or distribution with the numbers of Members which they formerly elected and sent to their own respective Parliaments in Scotland and Ireland as is evident by the Irish Statutes of 18 E. 4. c. 2. 10. H. 7. c. 16 38. H. 8. c. 12. 33. H. 8. c. 1. Cookes 4. Iustit c. 75 76. and Regiam Majestatem nor yet in reference to the number of the Members and Parliament-men in England being near ten to one to the Members of both these Nations conjoyned which inequality upon all occasions may prove very prejudicial to them both 10. It will be an extraordinary grievance oppression expence vexation mischief delay and obstruction of Justice to all the Inhabitants of Scotland and Ireland not onely to bear the Expences of all the Members they send to the Parliaments of England but to be enforced to resort unto them in person together with their Witnesses Evidences and Council for all grievances oppressions injuries errors complains and misdemeans in Officers or Courts of Justice formerly redressed and remediable onely in their own proper Parliaments much nearer home and now only to be heard examined redressed determined in the Parliaments of England as the Claus. Roll. of 39. E. 3. M. 12. De erroribus corrigendis in Parliament is tenend is in Hibernia printed in my Epistle to my Argument of the case of the Lord Magâ—â—re most fully and excellently resolves And the multitudes of complaints out of all three Kingdomes will prove so great in every Parliament that it will be impossible to hear and determine the moity of
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
House of Lords who should have restrained reformed these their unparallelld extravagancies which I could prove by hundreds of sad Instances and have briefly hinted in my â—lea for the old Lords page 413. to 419. For which very reason they ought now to be restored being an excellent Bank and Screen between the Prince and People to assist each against any encroachments on the other and by just judgements to preserve that Law which ought to be the Rule between every one of the three and trusted with a Iudicatory power to this very end 3ly Some of those very Members of the late Commons House Army and Whitehall who would disseise them of their House Privileges Birthrights and antient Iurisdiction before they took upon them the Title of Lords or of the House of Lords as pretended Members of the Commons House a little before and since their votes against the old House of Lords as Committees of that House or Commissioners in their new â—rected High Courts of Iustice Members of the Counsil of State at White-Hall or Counsil of Army-Officers or Major Generals and Deputy Major Generals have acted a thousand times more exorbitantly arbitrarily tyrannically to the subversion of the Fundamental Laws Liberties properties Government Justice of the Nation oppressing improverishing vexing dishinheriting destroying enslaving of the Freemen of England than ever any old Lords or House of Lords or Kings of England in Parliament heretofore did in any age whatsoever Witness their usurpations of a more than absolute Parliamentarie power to themselves by their own Votes Orâ—ers Declarations alone to alter new model over and over the whole frame of our Parliaments Laws and publike Government their electing Knights Citizens Burgesses for what they stiled a Parliament without the least privity or election of the people their dissolving declaring the long Parliament to be dissolved against an expresse Act of Parliament their repealing many old Lawes Acts Oathes enacting new Lawes contrary to them creating New Treasons and misprision of Treasons yea imposing heavy excessive New Taxes Customes Excises of all sorts on the three Nations not only in their private Westminster conventions but by their Armie and Whitehall Ordinances amounting to a large Folio Volume without any Parliament or legall Act of Parliament ordering them to be levyed by fines forfeitures sales of the refusers reall and personal esâ—ates imprisonments soldiers quartering and the like Injoysing All Courts of Iustice Iudges Iustices Sheriffs Officers of this Commonwealth Counsellors Attornies and other Persons to conform themselves accordingly without any opposition or dispute whatsoever and committing their very Counsel to the Tower as Traytors or Grand Delinquents only for arguing their Cases upon an Habeas Corpus in Westminster Hall according to Law and their Duties Their taking away the lives liberties or estates freeholds of thousands without any legall Triall or Indictment of their Peers their banishing confining imprisoning close imprisoning hundreds yea thousands at a time upon meer fears and jealousies and binding them and all their servants in excessive bonds with sureties their disfranchising Maiors Bailiffs Aldermen others in corporations enforcing divers to release their legall actions Judgements Executions and committing them at their pleasures till they did it against the expresse tenour not only of the Grand Charter Petition of Right and other Acts but the very letter of the late Act For preventing of Inconveniences happening by the long intermission of Parliaments The Acts for the 3. first subsidies of Tonnage and Poundage The Act for regulating the Privy Counsell For declaring unlawfull and void the late proceedings touching Ship-mony and other Acts passed by some of their own Votes in the Parliament of 16. and 17. Caroli of which or the like exorbitances no ancient Peers or House of Lords were ever yet guilty And if some of those persons who would usurp or abridg the old Lords power have been so arbitrarie tyrannical in all kinds before they claimed the Title of Lords or House of Lords how exorbitant in all probability are they likely to grow in a short time having Command in the Armie and other Courts if they should be established in their new Lordly Power and the old House of Lords put by who should correct restrain these their unparalelld Excesses for the whole Nations ease and benefit 4. If these new Peers be in truth Law Herauldry no true or real Lords Barons Peers of the Realm by their Writs of Summons for the premised reasons but meerly imaginary Titular and false ones like those created by the usurper King Stephen then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them according to the tenour of the Writs of Summons nor establish any settlement that can be reputed legal or obligatory to Posteritie in a Parliamentary Way if the ancient reall Peers and legal House of Lords be set aside and disowned And therefore they must of necessity own close with them alone and remit them to their old hereditary right else they can never make nor expect any real lasting settlement of our distracted State and Government and all they vote will quickly prove abortive illegitimate as the late New-models Instruments and Advices have done 5ly The setting aside the ancient Lords and House of Peers and establishing their very Disseisors in their places as the only future Lords and House of Peers will both justifie all their recited Exorbitances Excesses Violences Tyrannical proceedings against the old Lords their Fellow Commons others transcending Straffords Caterburies and the worst old Counsel-Table Lords excesses by many degrees ratifie yea reward crown them with the highest publick Honour Trust Power they are capable of even in Parliaments themselves Which will not onlie probably excite encourage others in succeeding times to the like dangerous extravagancies excesses to the publick prejudice and desolation but animate them when setled in their new Lordly Authority to pursue their former practises and turn greater Tyrants Oppressors in all kinds then formerly they have been to the utter enslaving of our Nations and embroyling them in new Tumults Yea how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times is worthy sad and serious consideration For if the Commons House shall not onlie silently connive at but openly approve and assent to the dissolving suppressing of the old Lords and their House by pretext of former illegall unrighteous Votes meer nullities by all Lawes made by a Fragment of a dissolved House of Commons sitting under a force not having the least Jurisdiction or power of Judicature over them against all rules of Justice the very fundamental Lawes of the Land the undoubted Rights and Priviledges of Parliament Prescription time out of mind all old late Acts Records of Parl. their very Solemn League Covenant Protestation and hundreds of late Declarations and Remonstrances to the contrary They may justly
death but with all speed and cate to restore every Member bone joynt to its proper place posture office and preserve them from subsequent dislocations and fractures So it hath been and will be with this body Politick It will never be reduced to its pristine health soundness vigor use ends or become medicinal to settle or advance the publike weal of the Nation till all its dislocated broken Members be restored to their due places and power in it without which it will soon come to utter desolation as 1. Cor. 12. 12 to 31. Gal. 5. 15. Mat. 12. 25. Isa 19. 2. 14 15. Prov. 30. 21. 22 will assure all carnal Politicians who think the contrarie 22. That as it was the prudence policie justice of our Parliaments Nobles Great men in former ages not to vote conclude or enact any thing in Parliament when any of their chief Members were absent or not summoned or restrained from them and to determine all Great Affairs in FULL PARLIAMENT So it was also their special care to preserve the Jurisdiction of the Kings Courts of Common Law as a chief right and flower of the Crown and the antient Lawes and Customs of the Realm against all incroachments upon them by Popes Bishops or anie others as is evident by sundry instances elsewhere cited and by this memorable Writ of Prohibition isiued in King H. 3 his name on the behalf of the Nobles of England to the Bishop of Durbam Proving the interpretation of the Laws and Customs of the Realm in anie doubtfull cases of publike concernment to belong only to the King and his Nobles assisted with the Iudges and Counsil not to the Clergy Commons or anie other person or persons Râ—x Waltero Episcopo Dunolm salutem Cum secundum Leges et Consuetudines regni nostri quaeâ—tio de Jure Patronatus Ecclesiarum Regni ejusdem adjus dignitatem Coronae nostrae pertineat et de soro nostro vel eorum qui Regalia jura de nostravel Praedecessorum nostrorum largitione susceperunt de plano existunt Ac de COMMUNI CONSILIO PROCERUM NOSTRORUM DUXIMUS PROVIDENDUM ET FIRMITER STATUENDUM ut leges â—t consuetudines Regni nostri super hiis et aliis ab omnibus observentur qui concessis fibi regalibus et aliis Libertatibus gaudent vel de unitate ac pace nostra et regni nostri censeri voluerint Cumque interpraetationes Legum et Consuetudinum praedictarum AD NOS ET PROCERES NOSTROS PERTINEANT NEC AD ALIVM VEL ALIOS ipsas leges vel consuetudines declarare vel interpretari possit aut debeat pertinere Vobis DE CONSILIO PROCERVM NOSTRORVM PROHIBEMVS ne â—icut usum Regalium libertatum quas vos habere praetenditis gaudere volueritis alicui interpraetationi per quemcunque alium factae vel faciendae innitamini vel aliquid per eam fieri procuretis vel fieri pronunciatis contra leges et consuetudines in regno nostro usitatas et hactenus observatas Maxime cum secundum leges et consuâ—tudines supradictas judicari debeat ad quos vel quem et per cujusmodi assignationes seu concessiones debeat jus Patronatus cum Maneriis vel Feodalibus in Regno nostro ad alios transire Quod si super re praedicta aliter fieri seu judicari contigerit ipsas libertates regales praenotatas ad Nos per vestrum abusum censemus devolvendas Teste Rege apud Westin 11. die Septembris Per Comitem Gloucestriae Hug. le Bigod Justic. Angliae EX PARTE MAGNATUM What else is worthie Observation from or concerning these or other Parliamentarie Writs I shall adjourn to the succeeding Parts of this Register Kalendar and Survey till whose publications Dimidium facti qui benè caepit habet FINIS a The 2. pâ—rt of a short Deâ—urrer to the lews long discontinued Remitter into England p. 136 c. b See the Exact Abridgment of the Records in the Tower and my Table there to Title Statutes c See the fiâ—st part of my short Demurrer to the Iews long discontinued Remitter into England p. 36 37 49. 53 54 c. d See Pultons Statutes at large Lond. 1618. p. 115. Rastals kalendar of Statutes in the end of his Abridgment and Tottles Magna Charâ—ta out of which they transcribed them a 〈…〉 b 〈…〉 c â—er 30. 13. d Lu. 4. 23. e Rev. 22. 2. f Propertius p. 134. g Pliny Praefatio in com 1. Nat. Hist. * 7 E. 1. Rastal Armor 1. * Cook 4. Instit p. 14. * 4 E. 3. rot Parl. n. 1. 21R 2. c. 12. 31H 6. c. 1. 3 â—ac c. 1 2. Exact Collection p. 200. c. A Collection P. 201 202. * 21 R. 2. c. â— * In my Summary Collections c. and Breviate h Eadmerus Hist. Novor l. 3. p. 67 68. i Eadmerus l. 4. p. 83 84 85. k Eadmeruâ—â— 4. p. 86. l Hoveden Annal. pars pâ—sterior p. 56â— 567. m Râ—dâ—lph de Diceto Ymagines Histor. col 613. n Hovâ— Anna. 〈◊〉 P 6â—8 629. a Flores Hâ—st paâ—s 2. Anno 1199. p. b Annalium pars posterior Ann. 119. p. 793. c Hâ—st Aâ—g p. 1â—9 1â—0 e Annal. pars postâ—rior P. 806. to 810. g Pag. â—803 g Ibid. p. 795 796. h Pat. 5. Johan Regis m. 1. n. 3. Seldens Title of Honor p. 707. x â—ist Ang. p. 204. y Mat. Paris p. 201. Maâ— Westm. p. 83. z Mat. Paris p. 204. Mâ—t. Westm. p. 83. * 7. H. 4. c. 15. 8. H. 4. Rot. Paâ—l 83. 139. * Mag Carta c. 35. * Mat. 7. 6. a Ad herenicum p. 21. b Natural quaest l. 7. p. 933. c Psal. 77. 5. d Jer. 6. 16. e Job 12. 12. f Luk. 5. 39. a Antiquity triumphing over Novelty p. 8. to 109. The 2 3. Part of a Seasonable Historical Legal Vindication c. my Plea for the Lords and House of Peers A Breviate of the antient Great Councils and Parliaments of England b Claus. An. 6. Johann Rs. m. 3â— dorso Mr. Seldens Titles of Honor Book 2. ch 5. §. 20. p. 708. c Claus. An. 26 H. 3. m. 13. dorso Seldens titles of Honor p. 717. d Claus. 49 H. 3. dors 11. in Scedula Selden Tiâ— of Honor p. 717. My plea for the Lords p. 259. De Parliamento tenendo d Claus. 24 E. 1. m. 7. dors DeParliamento tenendo Pravisa See Walsingham Hist. Angl. An. 1297 1298 p. 34 35 36. Clerus ob constitutionem Bonifacii hoc anno ediâ—am quae prohibet sub poena ex communicationis ne talliae vel exactiones a Clero per seculares Principes quocunque modo exigantur vel eis solvantur de rebus Ecclesiae Rege pro werra sua petenti subsidium denegavit Rex autem ut de meliori responso deliberarent negotium in aliud Parliamentum â—enendum Londoâ—iis in crastino sancti Hillarii distuliâ— Parliamentum coactum est Londoniis post â—estum sancti
grateful acceptance of these First-fruits with all convenient speed communicate to the World in A Second Part. After which I shall in two or more distinct Volumes present unto publick view several other kinds of Writs relating to the Parliaments Great Councils Convocations and Clergy of England to all sorts of proceedings in them Criminal or Civil the assessing levying of the expences of Knights Citizens and Burgesses of Parliament of Dismes Quidismes Aids Subsidies Customs Imposts granted by them with the disposing releasing of them the defence of the Realm by Land or Sea in times of danger the proclaming observing of the Great Charters Laws and Liberties of England and of Acts and Ordinances of Parliament newly enacted with sundry other Rarities which all former Writers of our English Parliaments have either totally omitted or but briefly touched and that very slightly though of excellent use and most necessary to be insisted on for the information of their Readers and benefit of Posterity Not to detain you with any longer Preface I shall now leave you to the perusal of this First Part distinct from those Parts I intend shall follow it if embraced with that respect affection and desire as it may justly expect and hope for from the Nobility Gentry Lawyers Antiquaries and Heralds of the English nation But if slighted vilified neglected like old Almanacks or fashions grown quite out of use and request though meer Novelties in their discovery communication to the world hitherto unacquainted with them I shall then resolve to cast no more such precious ancient Pearls and Rarities beâ—ore swine who wil neglect trample them under their feet but reserve them for my own private Cabinet use ornament benefit delight and such learned Friends to whom I shal hereafter bequeath them who will estimate them according to their true intrinsecal worth and prefer them before the most orient Pearls and Diamonds which are only for shew when as these are of greatest publick use and will be so esteemed in future generations how much soever slighted by the Athenians of this age who like the old ones Acts 17. 20 21. spend their tiâ—e in nothing else but to tell or hear some new thing preferring new Gloworms Ignes fatui and Prodigious Comets shining onely in the night before the Sun Moon and fixed Planets which ten thousand times outshine transcend them both in splendor magnitude use excellency and publick benefit It is Cicero his observation of old Solis exortus cursus occasus nemo admiratur propterea quod quotidie â—iunt at â—cclypses solis mirantur quia raro accidunt Nulla nisi rara aut admirabili re commovetur animus Which Seneca thus seconds Ita coÌ„positi sumus ut nos quotidiana etiam si admiratione digna sunt transeant contra minimarum quoque rerum si insolitae prodierunt spectaculum dulce fiat Hic quoque caetus astrorum quibus immensi corporis pulchritudo distringuitur populum non convocat sed cum aliquid ex more mutatum est omnium vultus in coelo est Nemo observat lunam nisi laborantem Tunc urbes clamant tunc pro se superstitione vana trepidant Quanta illa majora sunt quod Sol totidem gradus quotidie habet annum suo circuitu claudit quod à solstitio diem inclinat noctibus spacium dat quod sydera abscondit quod terras cum tanto major sit illis non urit sed calorem suum intentionibus remissionibus temperando fovet quod lunam nunquam implet nisi adversam sibi nec obscurat haec tamen non annotamus quamdiu ordo servatur Si quid turbatum est aut praeter consuetudinem emicuit spectamus interrogamus ostendimus Idem in comae is fit c. Adeo naturale est nova magis quaÌ„ magna mirari w ch is in truth both the sin folly of our present fantastick childish age affecting studying delighting admiring nothing but Novelties as well in Theology all kinds of Arts Sciences publick Government and Parliaments themselves as â—â—ell as Fashions or Apparel though never so prodigious Heterodox ridiculous or destructive But however vertiginous Scepticks and fantastick Gallants having more hair than brains are wholly enamored infatuated with New-Nothings yet all judicious Christians Lawyers Statesmen with holy and prudent King David a man after Gods own heart will consider the dayes of old the years of ancient times And according to Gods own precept stand in the wayes and see and ask for the old paths where is the good way and walk therein that they may find ease for their souls Concluding with holy Iob with the ancient is wisdom and understanding And with our Saviours own resolution wherwith I shall close up this Epistle No man having drunk old wine straitway desireth new for he saith THE OLD IS BETTER Which is the experimental resolution of Your unfeined Friend and Servant as well in relation to private as publick good WILL. PRYNNE From my Study in Lincolns Inne Ian. 26. 1658 1659. A Brief Register Kalendar and Survey of the severall kinds of all Parliamentary Writs with usefull Observations on them THat all Great Councils of State Parliaments Synods Convocations held in England under the British Saxon Danish Norman English Kings successively reigning therein were summoned by their Royal Writs precepts and held by their Authority alone is a Truth irrefragable which I have elswhere abundantly evidenced by Histories and Records though all the Writs whereby they were summoned till the reign of King Iohn be no where extant being consumed by the all-devouring jawes of time The Writs of Summons to Parliaments and Great Councils of State being the Corner-stones whereon they are founded and best discovering the causes ends for which they were summoned instead of that Folio Register of them at large which I once intended to have published I shall present you only with a Brief Register and Kalendar of some of the antientest and rarest of them full of excellent variety and delight and such Observations on and from them as may best instruct the Readers rectify the mistakes of some pretended Antiquartes who have written of our English Parliaments writs of summons to them and supply their defects especially concerning the several forms and various kinds of Parliamentary writs which they have rather touched than handled being all very maimed and incompleat in this particular To avoid Confusion I shall Marshall these Writs into several Squadrons according to the quality of the persons to whom they were directed and that in a Chronological Series digesting them into distinct Sections beginning with those issued out to our Archbishops Bishops Abbots Priors and Spiritual Lords or Barons of the Realm SECTION I. Concerning Writs of Summons to Parliaments Great Councils Convocations issued out to Archbishops Bishops Abbots Priors and other Ecclestastical Barons of the Realm who were Peers and Members of our Parliaments THe first writ of Summons to