Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	bishop_n	house_n	queen_n	489,945	5	12.5858	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86394	The manner of holding Parliaments in England. Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this kingdome. The prerogative and power of Parliaments. The order and forme of the placing and sitting of the Kings Majesty and peeres in the upper house of Parliament. The order and course of passing bills in Parliament. With the stately and magnificent order, of proceeding to Parliament, of the most high and mighty prince, King Charles, on Monday the 13th. of Aprill 1640. in the 16th. yeare of his Majesties reigne, first on horse backe from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house.	Hakewill, William, 1574-1655.	1641 (1641)	Wing H214; Thomason E157_11; ESTC R212700	24,894	61

to any person let him first handle his cause that first propounded it In the Kalendar of the Parliament there ought to be rehearsed all the businesses of the Parliament and that after this order First concerning Warre if there be any Warre and concerning the other businesses touching the persons of the King of the Queen and of their Children Secondly concerning the commonbusinesses of the Kingdome as of making Laws when there shal be lacke of Law originall judiciall or executory of particular persons Thirdly the businesse of particular persons and that according to the Petitions offered as is aforesaid Touching the dayes and houres of the Parliament The Parliament ought not to be held on the Lords day but on the other dayes following that day alwayes excepted and three other to wit of All Saints of All Soules and of the Nativity of Saint Iohn Baptist It may be held and ought every day to begin at one of the clocke in the afternoone at which houre the King is to be present at the Parliment and all the Peeres of the Kingdome The Parliament ought to be held in a publique place and not in a private or secret place In the Holy dayes the Parliament ought to begin at one of the clock because of divine service Touching the Porters of the Parliament The principall Porter of the Parliament shall stand beneath the great Gate of the Monastery Hall or other place where the Parliament is held and must keep the dore so that none come into the Parliament but he which ought to come to the Parliament or shall be called for the businesse which he followeth in Parliament and it behooveth that the party have knowledge of the persons which should come in so that none at all be denyed entrance which is bound to be present at the Parliament And the Porter ought if it be needfull to have more Porters under him Touching the Cryer of the Parliament The Cryer of the Parliament shall stand without the dore of the Parliament and the Porter shall declare to him their Cryers The King was wont to assigne Sergeants at Armes to stand a great while together without the doore of the Parliament to make the doore so that none should make thrusting or tumults about the doore by which the Parliament might be hindred upon pain of taking of their bodies because of right the dore of the Parliament ought not to be shut but to be kept by Porters or Kings Sergeants at Armes Touching the standing of them that speake in the Parliament All the Peeres of the Parliament shall sit and none shall stand but when he speaketh so that every one of the Parli●ment may heare him None shall enter into Parliament nor goe out o●Parliament but by one door and whensoever he speaketh any thing which ought to be deliberated on by the Parliament All they that speak shall stand the cause is that he may be heard of the Peeres all which Peeres are judges and Justices c. Touching the help and ayd appointed for the King The King was not wont to require help or ayd of his Kingdome unlesse it were for Warre at hand or for making his Sons Knights or for marriages of his Daughters and then he ought to require such helpe in full Parliament and to deliver it in writing to every degree of the Peeres of the Parliament and to answer the same in writing And we must know that for the granting of such helps and ayd it behooveth that all the Peeres of the Parliament agree And we must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater yoyce in Parliament to grant then the greatest Earle in England and after the same manner the Proctors for the Clergie or Clerks of the Convocation house for one Bishopricke have a greater voyce in Parliament if they all agree then the Bishop himselfe And this is true in all things which ought to be granted or denyed to the party or are to be done therein And this is manifest because the King may hold Parliament with the Communalty and Commons of the King some without Bishops Earles and Barons yet so as they be summoned to the Parliament Although no Bishop Earle or Baron come according to their Summons because in times past neither was there Bishop Earle nor Baron and yet even then Kings kept their Parliament but it is farre otherwise on the other side for though the Communalty to wit Laity and Clergie were summoned to the Parliament as of right they ought to be yet for some certaine causes they would not come as if they would pretend that the King did not govern them as he ought and would in speciality point out the Articles in which he misgoverned them as he ought not that then that Parliament is utterly none at al though the Arch-bishops Bishops Earles Barons and all their Peeres and equalls were there with the King present at it and therefore all things which are to be affirmed or informed granted or denyed or to be done by the Parliament must be granted by the Communalty of the Parliament which standeth upon three degrees or sorts gathered together in Parliament that is to say the Procters of the Cleargie the Knights of the Shires the Citizens and Burgesses who indeed represent the whole Communalty of England and next upon the Noble men because every one of them is at the Parliament in his own proper person and non other Tonching the departure or breaking up of the Parliament The Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answere The Kings Majesty being desirous of his Grace and favour to give the Subject redresse of any injury and not to suffer his people to goe unsatisfied None of all the Peeres or equalls of the Parliament may or ought to depart alone from the Parliament unlesse he have obtained and that in full Parliament leave of the King and of all his Peeres or equalls so to do and that withall there be a remembrance kept in the Parliament roll of such leave and liberty granted And if any of the Peeres or equalls during the time of the Parliament shall be sicke or weake so as he is not able to come to the Parliament then he must three dayes together send such as may excuse him to the Parliament but if they come not then let there be sent from the Parliament two of his Peeres or equalls to goe and to certifie of his infirmity And if there be any suspicion let these two Peeres or equalls be sworn that they shall speak the truth concerning the same and if it be found out that he did faine or counterfeit let him atturney or appoint some sufficient man before them to be present at the Parliament his stead if he will neither can he be further excused if he be of sound

disturbed in the Courts of Justice by ill customs undue execution of the Lawes oppression c. From this high Court lies no appeale the determination there of being presumed to be the act of every particular Subject who is either present personally or consenting by his Assignee suffraged by himselfe This honourable Assembly consists of two houses Vpper and Lower The upper is made up by the Lords Spirituall and Temporall as Archbishops Bishops Dukes Marquesses Earles Viscounts Barons no member of that house being under the degree of a Baron all which await the writ of Summons without which no place no vote there and none may absent themselves after Summons without speciall proxy from his Majesty whence he hath power to depute one of the said members to give his voyce for him in absence His Majesty who by his Prerogative Royall hath the Sole power as of calling so dissolving his honourable Assembly sits in a Throne in the upper end of the hous on his right hand the Prince of Wales on the left the Duke of York The greatest officers of the Kingdom as the Lord-keeper who is the Speaker or mouth of the House Treasurer Privy Seale c. have places some on the right some on the left hand of the Throne the forme where of is recited in the Statute of 31 Henry the 8. The manner of giving voyces in the upper house is thus The Lords Spirituall and Temporall in their Parliamentary Robes they youngest Bishop reades prayers those being ended the Clarke of the House readeth the Bills being first writ in paper which being once read he that pleaseth may speak either for or against it The manner of the Lower house is in this sort The first day each member is called by his name every one answering for what place hee serveth that done they are willed to choose their Speaker who though nominated by the Kings Majesty is to be a member of that house their election being made he is presented by them to the King sitting in Parliament where after his Oration or Speech the Lord keeper approving in behalfe of the King hee Petitions his Majestie in behalfe of the House First for their priveledges from all molestations during the the time of sitting Secondly that they may enjoy freedom of speech Thirdly that they may have power to correct any of their owne members that are offenders Fourthly to have favorable accesse to his Maiestie upon all occasions The Speaker in behalfe of the House of Commons promising regard full respect as befitting loyall and dutifull Subjects The use of the Parliament Consists in abrogating ould or making new Lawes reforming all grievances in the Common wealth whether in Religion or intemporal affairs setling succession to the Crowne grants Subsidies c. and in Sum may be called the great Physitian of the Kingdom or Republique The Speakers place in the House of Commons The Speaker sits in a Chaire placed somewhat high to be seene and heard the better of all the Clarkes of the House sits before him in a lower seat who reades such Bills as are first propounded in their House or sent downe from the Lords for in that point each House hath equall authority to propound what they think meet All Bills be thrice in three severall daies read and disputed on before put to question and so good order is used in the House that he that intends to speake to any Bill stands up bare-headed for no more hen one speakes at a time speaking to the Speaker not one to another being against the rule of the House and he that speaketh is to speake no more that day to the Bill he hath spoken to to avoyd spinning needlesly out of time and their speeches must be free from Taunts of their felow members that are of cōtrary opinions The Speakers Office is when a Bill is read as briefly as he may to declare the effect thereof to the House and to Bills first agreed on by the Lords and sent to the Commons for assent if they doe assent then are they returned subscribed thus Les Communs ont assentus So likewise if the Lords agree to what is sent to them from the House of Commons they subscribe Les Seigneurs ont assentus If the two Houses cannot agree every Bill being therice read in each House then sometimes the Lords sometimes the Commons require a meeting of some of each House whereby information may be had of each others mind for the preservation of a good correspondency betweene them after which meeting for the most part though not always either part agrees to the Bill in question The assent or dissent of the upper House is each man severally by himselfe and then for so many as he hath by proxy they saying onely content or not content and by the Major part it is agreed to or dashed But in the Lower House no member can give his voyce to another by Proxy the Major part being present onely maketh the assent or dissent After a Bill is twice read there and engrossed being disputed on enough as conceived the Speaker asketh if they will goe to question and if agreed to holding the Bill up in his band sayeth As many as will have this Bill passe concerning such a matter say yea and those that against it no and if it be a doubt which cry is bigger the House is divided the one part that agrees not to the Bill being bid to sit still those that do to goe downe with the Bill so plurality of voyces allowes or dashes But no Bill is an Act of Parliament Ordinance or Edict of Law though both the Houses unanimously agree in it till it hath the Royall Assent Touching the Royall Assent When Bills are passed by both the Houses they ought to have for approbation the Royal Assent which usually is deferred till the last day of the Sessions but may be given at any time during the Parliament touching which it hath been a question much debated whether the Royal Assent given to any one Bill doth not ipso facto conclude that present Session the question is of great consequence for if thereby the Session be at an end then ought every other Bill although passed both the Houses to be read againe three times in either House and to have the same proceeding as it had at first as if nothing had been formerly done therein so must it be done of all other Acts of the House But the first Session of the first Parliament of King Iames the House being then desirous to have a Bill passed forthwith by the Royall Assent which should be security to the Warden of the Fleet touching the delivery of Sir Thomas Sherly out of execution for it was then questionable whether he was subject to an action of escape did agree that the giving of the Royall assent to one Bill or moe did not dissolve the Sessions without some speciall declaration of his Majesties pleasure to that purpose 18. Aprill 1604. And likewise in the Journall Anno. 1 2. phil. Mariae 21 Novem. that the King and Queene came on purpose into the Parliament House to give their Assent to Cardinall Pooles Bill and upon question made it was then resolv'd by the whole House that the Session was not thereby concluded but that they might proceed in their busines notwithstanding the Royall Assent given At the giving of the Royall assent it is not requisit the King should be present in person for by the expresse word of the Statute of 33 Henry the 8 Cap. 21. that the Kings Royall assent by his Letters Patents under his great Seale signed by his hand and declared and in notified in his absence to the Lords Spirituall and Temporall and to the Commons assembled in Parliament is and ever was of as good strength and force as if the King had been there in person personally present and had assented openly and publikely to the same according to which Statnte the Royall assent was given by Commission Anno 38. H. 8. unto the Bill for the attainder for the Duke of Norfolk The manner of giving the Royal assent The Royall assent is given in this sort after some solemnities ended the Clark of the Crowne readeth the Titles of the Bills in such order as they are in consequence as the Title of every Bill is read the Clearke of the Parliament pronounceth the Royall assent according to his instructions given him by his Majesty in that behalfe if it be a publike Bill to which the King assenteth hee answereth Le Roy Le voet If a private Bill be allowed by the King the answere is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se amsera To the Subsidie Bill Le Roy remercie ses Loyaulx Subjects accept benevolence et ausi le voult To the generall Pardon Les Prelates Seigneurs et Commonsen cest present Parliament assemblies en nom de touts voue autres subiects remercient tres humblement vestre Maiestie et preut dieu vous donere eu suite bene vie et longe FINIS Per Comitatum et Baron summoneri debent Minores ●…erisi non summoneri debent sed si eorum presenia necessariafuerit Rexsolibat talibus brevia suamittere re●ans quod Parliomosuo inseressens Summoneri debentomnes et singuli comiter Barones et eor pares Qui tenent ad valentunius Comitat vel Baron. integra Minores laici summoneri non debent DEcasibus et Iudicus difficilibus Cum dubltat et difficilis Casus pacis vel guerne emergat c.

and at his right side shall sit the Arch-bishop of Canterbury the Bishops of London and of Winchester and after them in order and course the other Bishops Abbots and Priors and on the left side the King the Arch-Bishop of York the Bishops of Durham and Carlile and after them the Earles Barons c. making alwaies a division of place betweene the foresaid degrees and their places that none sit but amongst Peeres and his equalls and the Steward of England too looke to this unlesse the King will assigne some other to it At the Kings foot at the right side shall sit the Chancellor of England and the chiefe Iustice of England and their fellowes and their Clarks who are of the Parliament and at his foot on the left side shall sit the Treasurer and Chamberlaine and Barons of the Exchequer the Iustices of the Bench and their Clarkes who are of the Parliament Touching the principall Clarkes of the Parliament There are two principal Clarkes of the Parliament who shall sit in the midst of the Iustices who shall enrole all the pleas and businesse of the Parliament and we must know that these two Clarks are not subject to every Iustice neither is every Iustice in England Iustice in the Parliament neither have they of themselves Record in the Parliament unlesse so far forth as new power shall bee assigned and given to them in the Parliament by the King and the Peeres of the Parliament and when they are assigned with other choyce men of the Parliament to heare and determine divers petitions and complaints offered in Parliament but these two Clarkes are immediately subject to the King and his Parliament in common unlesse perhaps one Iustice or two bee assignedto examine and amend their Inrolements And when the Peeres of the Parliament to heare and examine som Petitions by themselves then when they shall be of one mind and agreeing in rendring their judgements to such Petitions and the processe made concerning the same and they shall give their judgement in full Parliament so that the other two Clarkes principally Inrole all the pleas and all the Iudgements in the principall role of the Parliament and shall deliver these roles to the Treasurer before the going away of the Parliament referring yet notwithstanding to the same Clarkes one transcript and count er-role thereof if they will have it These two Clarkes unlesse they be in other office under the King and take of him such fees as whereby they may live honestly and well shall receive of the King every day a marke for their expences to be divided betweene them by equall portions unlesse they be at the Kings board otherwise halfe a mark a day during all the Parliament Touching the five Clarkes of the Parliament The King shall assigne or appoint five skilfull Clerks the first whereof shal be Minister to and serve the Bishops The second the Proctors of the Clergie or the Clerks of the Convocation house The third the Earles and Barons The fourth the Knights of the Shire The fifth the Citizens and Burgesses and every one of them unlesse he be with the King and take of him such a fee or such Revenews that hee may thereupon live honestly hee may take by the day two shillings of the King unlesse hee be of the Kings board if he be then to have but twelve pence which Clerks shall write the doubts and answers that they which shal be present at the Parliament make to the King and at the Parliament and communicate their Counsells unto them whensoever they will have them and when they shall be at leasure they will send the principall Clerks to inroll them Concerning Cases and Judgements which are heard When a cause of Truce doubt or hard case of peace or warre doth break forth or otherwise the case be referred in writing in full Parliament and left it to be handled and disputed there between the Peeres or equalls and if it be needfull let it be enjoyned by the King or on the Kings part if the King be not present to every degree of Peeres or equalls that every degree it selfe may goe there to it selfe and let that case be delivered to their Clerke in writing and let them cause the case to be recited before them so that they doe ordaine and consider among themselves how and after what sort they may better proceed and more justly in that case as they for the person of the King and their own persons and the persons also of those whom they represent will answer before God let them bring their answer and advise in writing and let them proceed in all their Answers Councels and advises heard of either side or to and fro as we said according to better and more sound counsell and judgement and when at the least the greater part of the Parliament doth agree And if by the discord between the King and some Noblemen themselves either the people may be weakned or the Countrey may be troubled so that it seem to the King his Councell that it were expedient the businesse be handled and amended by consideration of all the Peeres of the Kingdome Or if through warre the King or Kingdome might be troubled or if a hard case doe come before the Chancellour of England or a matter hard to be judged of shall be brought before the Justices or such like or if perhaps in such deliberations all or at least the greater part cannot agree then the Earle that is Steward the Earle that is Constable and the Earle Marshall or two of them shall choose five and twenty persons of all the Peeres of the Kingdome and three Proctors or Clerks of the Convocation house for the whole Clergie two Earles and three Barons five Knights of the Shire five Citizens and Burgesses who make five and twenty and those five and twenty may choose if they will twelve of them and condiscend to them and those twelve choose six and condiscend no fewer unlesse license be obtayned from the Lord the King And if the King consent to three these three may condescend to two and may descend to another and so at length his Ordinance shall stand above the whole Parliament and so condescend from twenty and five persons to one onely person unlesse the greater number will agree and ordaine at the length one person as is said shall agree for all who cannot disagree from himselfe This being observed and also reserved the King and his Councell that they may examine and amend such Ordinance after them which shall be written if they know how to doe it and will performe it yet so as they doe it there in full Parliament and by the consent of the Parliament and not contrary to the Parliament Touching the Order of deliberating businesse in the Parliament The businesse for which the Parliament ought to be deliberated on according to the Calendar of the Parliament and according to the Petitions and affiled no respect being had

is spoken of the Barons of the Cinque Ports and the Knights of the Shires and the Citizens were wont to be Peeres and equalls with the Knights of the Shires in expences all the while they came tarryed and returned from the Parliament Touching the Burgesses After the same manner commandement was wont to be given to the Bayliffes and honest men of Burrowes and Townes Corporate that they ought of themselves and by themselves to choose two fit honest and skilfull Burgesses to come and be present at the Kings Parliament after the same manner as is spoken concerning Citizens but two Burgesses were not wont to receive by the day for their expences above ten shillings and somtimes not above a noble which was wont to be taxed by the Court according to the greatnes of the Burroughs and the persons sent hitherto hath been declared the form quality and persons how long a time before the Summons of the Parliament ought to be made and who are those that ought to come by the Summons and who not Now secondly we must shew who they are which by reason of their Offices ought to come and are bound to be present at the Parliament time without Summon whereupon we must make the two principall Clerks of the Parliament elected by the King and his Councell and other secondary and undertakers of whom and whose Offices we will speak more specially afterwards and the principall Cryer of England with their under-Cryers and the principall Porter of England with two Offices were wont to belong to one person These two Officers are bound to be present the First day The Chancellour of England the Treasurer and Chamberlaines and Barons of the Exchequer Justices and all the Clerks and the Kings Knights together with them that sue for the Kings Pleas who are of the Kings Counsell are bound to be present the second day unlesse by Order they be excused Touching the beginning of Parliament The Lord the King shall sit in the midst of the great Bench and is bound to be present in the First and Last day of Parliament And the Chancellour Treasurer Barons of the Exchequer and Justices were wont to Record the defaults made in Parliament according to the Order following In the First day the Burgesses and Citizens of al England shall be called at which day if they doe not come the Shires shall be amerced at an hundred pounds In the Third day of the Parliament the Barons of the Cinque Ports shal be called and afterwards the Barons of England after them the Earles whereupon if the Barons of the Cinque Ports do not come the Barony from whence they are shall be amerced at an hundred Marks and an Earle at an hundred pounds And after the same mannerit must be done with those that are equall to Earles and Barons namely which have Lands and Revenews to the value of an Earldome or of one Barony as before said In the Fourth day the Proctors of the Clergie or Clerks of the Convocation house shall be called if they come not their Bishops shall be amerced for every Archdeanery one hundred pounds In the First day the Deanes Priors Abbots Bishops and at length the Archbishops shall be called who if they doe not come every Archbishop shall be fined at an hundred pounds and every one holding a whole Barony or Abbots Doctors at an hundred Marks In the First day Proclamation ought to be made in the Hall or in the Monastery or in som publique place where the Parliament is to be held and afterwards publickly in the City or Town That all those who would deliver Petitions or Bills to the Parliament that they may deliver them the First day and soother five dayes next following Touching the Preaching at the Parliament An Archbishop or Bishop or some great Clerk discreet and eloquent chosen by the Archbishop in whose Province the Parliament is held ought to preach one of the said five dayes of Parliament and in the presence of the King and this must be done when the Parliament for the greater part shal be joyned and gathered together In his Sermon he shall admonish and exhort the whole Parliament that they with him humbly pray God and worship him for the peace and tranquility of the King and Kingdome as shall be said in the Title following Touching the Speech for the Parliament After the preaching the Chancellour of England or the Lord Chiefe Justice of England or some other fit honest and eloquent Justice or Clerke chosen by the Chancellor or Chief Iustice themselves ought standing to pronounce the causes of the Parliament Whosoever they be whilest they speake shall stand except the King so that all of the Parliament might heare him that speaketh or if he speake somthing darkly or in a talke lowe voyce let him speak againe and speak lowder also or let another speak for him Touching the Speech of the King after the Speech before mentioned The King after the Speech before mentioned ought to require the Clergie and Laity naming them after their degrees as Archbishops Bishops and Abbots c. Earles Barons Knights Citizens c. that they carefully diligently and heartily labour throughly to handle labour and deliberate in the businesse of the Parliament even as they shall understand and perceive that this shal be first according to the will and pleasure of God and afterwards for his and their honours and commodities Touching the Absence of the King in the Parliament The King is bound by all meanes possible to be present at the Parliament unlesse he be detained or let therefrom by bodily sicknes and then hee may keep his Chamber yet so as he ly not without the mannour or Towne at the least where the Parliament is held and then hee ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament That is two Bishops two Earles two Barons two Knights of the Shire two Burgesses and two Citizens to looke upon his person to testify and witnesse his Estate and in their presence he ought to make a Commission and give authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name expresse mention being made in that Commission of the cause of his absence then which ought to suffice and admonish the other Nobles and chiefe men in the Parliament together with the evident Testimony of the aforesaid twelve Peeres of theirs the reason is because there was wont to be a cry or murmur in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole Commonalty of the Parliament and Kingdome when the King shall be absent from his Parliament neither indeed ought hee or may be absent but onely in the case aforesaid Touching the places and sitting in the Parliament First as I before said the King shall sit in the mid place of the great Bench

Edwinus Comes anteatenuerat And the Earledome of Arundell which Harald poessessed he granted with a fee unto Roger of Montgomery The first two of which Honours the Heires male fayling by Women passed unto other Families But the latter Earldome Robert the Son of Roger being attainted of Treason returned unto King Henry the First who gave the same in Dowry unto Queen Adeliza his wife But the succeeding Kings more sparingly bestowed such dignities to be holden of them in Fee granting for the better and more honourable maintenance of their stocke add honour the third part of the pleas of the Countie as they term it which they in their Charters cal Tertium denarium or the third penny so that he that received the third penny of any province was called Earle of the same and so by custome the Women the Heires male fayling And if any Earle or Baron dying without Sons had many Women his heires howsoever order was taken either by way of Covenant or partition concerning the Lands possessions according to the Common Laws of the Kingdome yet the dignitie and Honour a thing of it selfe indivisable was still left to be dispos'd of according to the Kings pleasure who in bestowing there of usually respected the prerogative of birth by which right K. Henry the third after the death of Iohn the Scot dead without issue other Lands and revenews being by agreement given to his three Sisters united the Earldom of Chester with the honour thereof unto the Crown This is manifest in the Earldome of Arundell which after Robert Be lisme Son to the aforesaid Roger Mountgomery driven out by Henry the first K. Henry the second bestowed upon william of Albine Q. Adeliza his Mothers husband and by a new Charter confirmd it in fee together with the Inheritance to him and his Heires with the third pleas of Sussex whereof he created him Earle But Hugh the great Nephew of this william the first being dead without issue all the Earldome was divided among his foure Sisters whose dignitie and honour for all that together with the Castle of Arundel was by Edward the first at length given to Richard Fitz-Alan the Nephews Sonne to Iohn Fitz-Alan and Isabell the second of the aforesaid Sisters I will now passe from Henry the third to Edward the first his Sonne there being for a time great dissention betwixt him and certaine of his Nobility viz. Gilbert of Clare Earle of Hartford and of Glocester Humphrey of Bohun Earle of Hereford and Sussex and Constable of England and Roger Bigod Earle of Norfolke Marshall of the Kingdome and that all those Noblemen at length had lost their Earldoms and Offices they being reconcil'd to the King afterward they againe by new Charters received the same in this manner The first of them to himselfe and Ioane his Wife the same K. Daughter his second wife for term of both their lives to the children to be by both of them begoten his two Daughters by his first wife being excluded This Ioane called Ioane of Acon bare unto h●… thusand Gilbert a Sonne called also Gilbert but she the second time secretly marryed unto one Ridulph of Mont Hermeri without the King her Fathers knowledge and in her own right made the same Radulph Earle so long as she lived but she being dead Gilbert her Sonne by the aforesaid Gilbert succeeded againe into the Earldome Radulph his Father in Law being yet alive In the same mannner he restored to the aforesaid Humphrey of Bohun his Earldome and Constableship unto whom he also gave in Marriage Elizabeth another of his Daughters Widdow to Iohn Earle of Holland and to the third he restored the Earldome of Norfolke and the Office of Marshal with the yearly increase of a thousand marks upon condition if the heires male of his body to be begotten fayling both should return againe to the King At length this Roger dyed without issue in the xxxv yeare of him the said Edward the first viz. in the last yeare of his raigne and K. Edward his Sonne the second of that name both by a new Creation and Charter gave the Earldome and the Marshallship to Thomas of Brotherton and his heire male These things I have thus propounded thereby to shew how according to the diverse dispositions of Princes and change of times it hath by little and little varied in the first bestowing of dignities and honours Of which thing that new Law and to them of ancient time unknown made by King Edward the first seemeth afterward to be of no small moment whereby he favouring certaine private men more carefull of their own sirname then of their posterity it was thought good by him to decree to make Fees to belong to men only That Law which I would in latine call Gentilitium Municipale and which the Lawyers commonly call Mis taliatum and Talliabile or the Law of cutting off for that it cutteth off Successions before generall and restraineth them to the particular heires of Families which seemeth to have given an occasion of change in the giving and bestowing of dignities and honours For ever since that time in the Creating of any new Earle it is begun to be altered by expresse words in all Charters provided that it shal be but for terme of life onely or discend unto the heires males alone the women being quite excluded And for this I need not examples to prove for why the thing it selfe proveth the same But the force and efficacie of this Law of Entaile or of cutting off I have thought good thus in few words to declare And what I have sayd concerning Earles the same may be sayd also of Barons created by Charters but in Barons created by Rescripts or writs of summons yet resting upon most ancient custom not so For in them one onely excepted sent forth to Henry Bromflet wherein it was provided him that same Henry and his heires Male of his Body lawfully begotten onely to be Barons of Vesey women the heires Male fayling were not in ancient time forbidden orimbarred but that they might be accounted and by name stiled Honourable with the preeminence of the dignity and calling of Barons and after they had borne a Child according to the ancient favour of our Lawes and the custome of the Kingdom graced their Husbands also with the same honour and with the same by Inheritance ennobled their Children yea without the possessions of those places from whence the name of such dignities and honours may seeme first to have risen For fees and Locall possessions circumscribed by the Law are translated and carried from one family unto another and usually enrich their Lords and owners the possessors thereof but yet of themselves neither being nor take away nobilitie either dative or native by example to maifest these things were but needlesse of litle consequence for why all the most ancient Baronies the more ancient sort of the Barons at this day are in this point on my