Regni nostri de Concilio nostro existentium providimus statuimus ordinavimus which (i) Pulton fol. 35. Anno 1279. 14. Nov. 7 E. 1. Pulton renders by the Advice of our Prelates Earls Barons and Subjects of our Kingdom being of our Council the King hath provided made and ordained whereas by Fideles is to be understood the Tenents in Capite The Statute of Acton Burnel or Statute Merchant 11 E. 1. according to Tottel was made by the (k) Ce Roy per luy per tout son Counsel ad ordain establâ—e Tottel fol. 49. 82. King himself and his whole Council That this was done in Parliament appears by the Statute of Merchants made in the 13th of the same King wherein it is said Our Lord the King by himself and by his Council at his (l) A son Parliament quâ—il â—â—â—â—t a Acton-Burnel c. Parliament which he held at Acton Burnel 11 Regni made and ordained these Establishments or as (m) Pulton fol. 36. Pulton hath it The King caused the Statute made by the King and his Council at Acton Burnel to be rehearsed and hath ordained and established Since the 49 of H. 3. to the 18 of Ed. 1. we find (n) Râ—t Pat. 20 E. 1. m. 15. no Writs for summoning of Knights Citizens and Burgesses but the 14 of June 18 Ed. 1. The King issued out the following Summons Rex c. The Form of Summons of Knights Citizens and Burgesses renewed at the Petition of the Nobles Two or three Knights to be chosen cum per Comites Barones quosdam alios de Proceribus Regni nostri nuper fuissemus super quibusdam specialiter requisiti tam cum ipsis quam cum aliis de communitatibus Regni illius colloquium habere volumus tractatum c. Tibi praecipimus quod duos vel tres de discretioribus ad laborandum potentioribus Militibus de Comitatu praedicto sine dilatione eligi eos ad nos c. venire facias c. cum plena potestate pro se communitate Comitatus praedicti ad consulendum consentiendum pro se communitate illa hiis quae Comites Barones Proceres praedicti tum duxerint concordanda vel concorditer ordinaverint in praemissis The English of which is Whereas we have been especially petitioned and requested by the Earls Barons and others of the great Men of our Kingdom concerning certain matters upon which we will have Conference and treat as well with themselves as with others of the Counties of that Kingdom We command thee that without delay thou makest to be chosen two or three of the most discreet and ablest Knights for dispatch of business of the Counties aforesaid and cause them to come to us c. with full Power for themselves and the whole Community of the County aforesaid to consult and consent for themselves and that Community to such things which the Earls Barons and great Men aforesaid shall think fit to agree upon From this we may observe That by Vertue of this Writ No Citizens and Burgesses but only Knights for Counties no Citizens or Burgesses could be chosen or sent to Parliament But only Knights for Counties Secondly The Scutage was granted in this Parliament as Doctor Brady hath noted fourteen days before the Writ for Election of Knights issued out and it is (o) Tottel's Stat. p. 85. apparent That the Statute of Westminster the Third was made the Eighth of July which was a week before they were to appear and consequently was made without them for the Preamble runs Dominus Rex in Parliamento suo apud Westmonasterium post Pascham Anno Regni sui 18. viz. in quindena S. Johannis Baptistae i.e. 8 July ad instantium Magnatum Regni sui concessit providit statuit From this Writ and the Variation of the following Writs and other Records the judicious Doctor Brady (p) Answer to Petyt fol. 151. notes That it was from the Kings Authority and at this time that the House of Commons came to be fixed and established in the present constant form it now is and hath been for many Kings Reigns and it doth appear that King Edward the First was not altogether confined to any certain number of Knights Citizens or Burgesses nor were several strict forms and usages now practised ever then thought of or some legal Niceties or Punctilioes now in use then judged of absolute Necessity The Statute of Quo (q) Pulton An. 1290. fol. 58. Warranto in the Eighteenth Year of Edward the First saith that the King of his special Grace and for the affection he beareth to his Prelates Earls and Barons and others of his Realm hath granted c. The Statute de (r) Idem Anno 1293. fol. 61. Malefactoribus in Parcis in the Twenty first Year of Edward the First saith Our Lord the King at his Parliament c. at the instance of the Nobles of the Realm hath granted c. Anno 1294. the King issues out his (s) Cl. 22 E. 1. m. 6. dorso Four Knights for a County Writs to cause two Knights out of every County to be chosen c. Dated the Eighteenth of October and the next day issues out Writs for other two to be chosen to meet at the same time and place Out of Mr. Ryley's (t) Fol. 241. Placita Parliamentorum it is clear that the Parliament which met on the Octaves of St. * Claus 28 E. 1. m. 3. dorso Hilary or the Twentieth of January in the Twenty eighth Year of Edward the First sate but eight days the Writ for the Commons Expences bearing date January the Thirtieth of the same Year and the Letter to the Pope signed by the Temporal Lords for themselves and the whole Community of the Kingdom of England is dated February the twelfth next following after the Commons had been dismissed fourteen days so that the Barons still continued to stile themselves the Community of England The Barons stay after the Commons dismissed and both Spiritual and Temporal Barons and others of the King's Council did stay and dispatch much Business after all others were dismissed as further appears in a (u) See Brady's Answer to Petyt fol. 152. Proclamation 21 March 33 Ed. 1. Wherein the King gives the Archbishops Bishops and other Prelates Earls and Barons Knights of Counties Citizens and Burgesses and other Persons of the Commons which by our Lord the King's Command came to this Parliament many Thanks for their coming and willeth that at present they return into their Counties so as they readily and without delay do come again at the time when they shall be remanded except the Bishops (w) Sauve les Evesques Countes Barons Justices autres qui sont du Conseil nostre Seigneur le Roy que ceux ne sen allient saunz especial conge du Roy. The King's Council prepare Laws Earls and
Chancellor of the Exchequer Judges of his Courts at Westminster Justices in Eyre Justices Assignes Barons of his Exchequer Clerks Secretaries of his Council and sometimes his Serjeants at Law with such other Officers and Persons whom our Kings thought meet to summon The first Writ that Mr. Prynne finds extant in our Records and which Sir William Dugdale mentions is entred in the Clause-Roll 23 E. 1. dorso 9. directed to Gilbert de Thornton and thirty eight more whose Names are in Sir William Dugdale whereof there are eleven by the name of Magistri three Deans and two Archdeacons only I find them differently ranked in Mr. Prynne to what they are in Sir William Dugdale The Writ runs thus Rex dilecto fideâ—i suo Gilberto de Thornton salutem Quia super quibusdam arduis negotiis nos Regnum nostrum ac vos caeterosque de Concilio nostro tangentibus quae sine vestra eorum praesentia nolumus expediri c. Vobis mandamus in fide dilectione c. as in the usual Summons to the Bishops Sometimes as 25 E. 1. there (u) Cl. 25 E. 1. m. 25. dorso was no Writ directed to them but we find under the Name of Milites with a Lines space betwixt them and the Barons thirteen named which by other Records are known to be the King's Justices The differences in their Writs are mostly these Sometimes The difference in their Writs as in 27 E. 1. it is Cum caeteris de Concilio nostro habere volumus colloquium tractatum or as in 28 E. 1. (w) Cl. 28 E. 1. m. 3. dorso showing the special Cause Quia super Jure Dominio quae nobis in Regno Scotiae competit c. cum Juris peritis cum caeteris de Concilio nostro speciale colloquium habere volumus tractatum vobis mandamus c. cum caeteris de Concilio nostro super praemissis tractaturis vestrumque consilium impensuris At the same time there are Writs to the Chancellor of the University of Oxford to send four or five Persons skilful in the Law summoned from the Universities de discretioribus in Jure scripto magis expertis and to the Chancellor of the University of Cambridge to send two or three in the like manner qualified and then follow Writs to several Abbats Priors Deans and Chapters and all these Writs mentioned the Business of the King's Claim to the Jurisdiction of Scotland and in the Writs of Summons to the Archbishops Bishops Abbats Priors Temporal Lords Justices and Sheriffs of Counties that Particular is not mentioned which shows that the King summoned these particular Persons as most fit to search and â— send their Chronicles to the Parliament The Occasion and Result whereof and of sending these Lawyers from the Universities you may read at large in (x) An. 13â—2 p. 419. to p. 438. Matth. Westminster and (y) Hist Ang. p. 32. to 58. Walsingham In some Writs as that of 9 E. 2. (z) Cl. 9 E. 2. m. 20. dorso the Justices are appointed to expedite their Assizes that they may not fail to be present at the Parliament or to leave two to attend the Business of the King's Bench And the 7 of E. 2. (a) Cl. 7 E. 2. m. 25â— dorso Justices to leave the Assâ—zes to attend the Parliament That whereas they had appointed the Assizes at Duresm and other Parts in the Northern Circuit at certain days after the time the Parliament was to convene at which he wondred he orders them to put off the Assizes and attend By which two Writs it appears their Summons by Writ to attend and counsel the King in Parliament was a Supersedeas to them to take Assizes during the Parliament and that the Assizes and Suits of private Persons ought to give place to the publick Affairs of the King and Kingdom in Parliament Whoever desires to know who were summoned in this manner and the further variety of Summons may consult Mr. Prynne and Sir William Dugdale's Summons From these Writs we may observe Observations from these Writs first That sometimes the Persons summoned were many in number sometimes very few and always (b) Brief Register part 1. a p. 366. ad p. 394. more or less at the King's Pleasure Secondly in latter times the Clergy-men were wholly omitted Thirdly That they were never licensed to appear by Proxies Mr. Prynne hath collected a great many Precedents to prove that these Persons thus summoned together with the King 's ordinary Council had a very great Hand Power and Authority not only in making Ordinances Proclamations deciding all weighty Controversies regulating most publick Abuses and punishing all exorbitant Offences out of Parliament in the Star-Chamber and elsewhere The Employment of these Assistants but likewise in receiving and answering all sorts of Petitions determining and adjudging all weighty doubtful Cases and Pleas yea in making or compiling Acts Ordinances Statutes and transacting all weighty Affairs concerning the King or Kingdom even in Parliaments themselves when summoned to them Yet these have no Vote but only are to speak to such Matters as their Opinions are required in and sit uncovered unless the Chancellor or Lord Keeper give leave to the Judges to be covered SECT 6. Concerning the House of Commons I Now come to consider the Honourable House of Commons and the Use The Summons of the Knights Citizens and Burgesses Constitution and Priviledges of it and shall first consider the Summons by which they have their Power to act as an House and third Estate in Parliament Mr. (c) Second Part of Brief Register a p. 1. ad 29. Prynn hath cleared that all the Writs of Summons directed to Sheriffs in King John and Henry the Third's time before 49 H. 3. to send Knights to the King at set times were either for Information of the Council what voluntary aid each particular County would grant the King in his great necessity or to assist with Men and Arms and were not elected as Representatives of the Commons till 49 H. 3. To whom I shall refer the curious for Satisfaction as also to Dr. Brady who hath by his own Inspection as well as the considerate application of what Mr. Prynn hath amassed in his Books since his late Majesties Restauration and after 1648 composed many most useful Observations for the understanding of the ancient customs usages and practices relating to Parliaments Therefore I shall endeavour to be as short as possibly I can and without obscurity contract what they and most others that treat of the House of Commons have at large filled Volumes with The form of the Writ 49 H. 3. to the Sheriffs is not (d) Cl. 49 H. 3. m. 11â— dorso expressed but after the recital of the Writ to the Bishop of Duresm and Norwich and the eodem modo to the Bishops Abbats Priors Deans Earls Lords and Barons there follows this entry
Proclamation and shall return the names of the Knights Citizens and Burgesses Return of Indentures in certain Indentures betwixt the Sheriff and those that were present at the Election whether the persons elected were present or not c. The Returns to the Writs 1 H. 5. Who were Chusers of Burgesses shew the Election to be by common assent and consent of those present as that for Lestwythiel where 32 Electors are named and that for Surry hath only four but adds omnium aliorum fidelium ibidem existentium The Indenture for Sussex is in French and saith Les Gentilles homes Communes the Gentlemen and Commons had chosen Richard Sayvile c. The Sheriff of Bristol saith Coadunatis discretioribus magis sufficientibus Burgensibus ex assensu Johannis Clive Majoris Villae praedictae aliorum plurimorum existentium eligimus c. The elected were two Burgesses of Bristol Thomas Norton and John Leycester both for Knights for the County of Bristol and Burgesses for the Villa of Bristol and in another these are called Burgenses and Mercatores The next alteration that I find is after the Statute of the (b) Cl. 23 H. 6. m. 21. dorso The Knights to be resident in the County and the Electors to have at least 40 s. a year Lands 8 H. 6. c. 7. which agrees with that of 23 H. 6. that every Knight to be chosen within the Kingdom of England to come to the Parliament shall be chosen by such as live in the County whereof every one have a free Tenement to the value of Forty Shillings per annum beyond all Reprizes and that those who are elected be abiding and resident in the said County and the Sheriff have power upon Oath to examine the Electors what yearly Estate they have and that the Sheriff incur the penalty of 100 Marks for his false return and the Knights so returned lose their Wages There are several Precepts that command that at such Elections (c) Proclamari inhiberi facias ne aliqua persona tunc ibidem armata seu modo guerrino arraiata ad electionem illam accedat Rot. Parl. 8 H. 6. m. 13. num 18. None to come in an Hostile manner to elect no person come there Armed or arrayed in Warlike manner or do nor attempt any thing that may be in disturbance of the Kings Peace or the Election as particularly is expressed in the Writs 2 E. 3. m. 31. dorso and several others to be perused in the first part of Prynne's Brief Register a p. 27. ad 28 177 214. Cl. 5 E. 2. m. 22. dorso 18 H. 6. and several other places which were prohibited that Elections thereby might be made free That it may appear that the Elections in ancient times were not made by such as we now call Freeholders of forty Shillings a Year which now is established by Statute Law I think it not amiss to insert what I find of a particular usage in Yorkshire (d) Prynne's Brevia Parliamentaria Rediviva p. 152 153 154. Atturneys of Noblemen and Ladies in Yorkshire Electors whereâ—â— it appears by the first Indentures of the Elections and Returns of Knights for the County of York that the Atturnies of the Archbishop of York and of sundry Earls Lords Nobles and some Ladies who were annual Suitors to the County Court of Yorkshire were sole Electors of the Knights as appears by the Return 13 H. 4. upon the Writ of 12 H. 4. betwixt Edm. Sandford Sheriff on the one part and Will. Holgate Attorney of Ralph Earl of Westmorland Willâ— de Kyllington Atturney of Lucy Countess of Kent Will. Hesham Atturney of Pet. Lord de Mâ—lolacu William de Burton Atturney of William Lord de Roos Rob. Evedal Atturney of Ralph Baron of Graystock William do Heston Atturney of Alex. de Metham Knight Henry de Preston Atturney of Henry de Percy Knight chuse John de Ever Knight and Robert de Plompton Knight Also 2 H. 5. The Indenture is betwixt William de Harrington Knight Sheriff of Yorkshire and Robert Maulevereâ— Atturney of Henry Archbishop of York William Fencotes Atturney of Ralph Earl of Westmorland William Archer Atturney of John Earl Marshal and so the Atturnies of Hen. le Scrop Knight Lord of Masham of Peter de Mulolacu Alexander de Metham Robert Roos of Margaret which was Wife of Henry Vavasor Knight and of Henry Percy The like are found in the Eighth and Ninth of H. 5. and the 1 2 3 5 7 H 6. in all which the Atturnies only of Nobles Barons Lords Ladies and Knights who were Suitors made the Elections of the Knights of Yorkshire in the County Court and sealed the Indenture I have a French Letter of Atturney from the Lady Ross to that purpose concerning which if God give me Life I shall give an account in my Antiquities of Yorkshire This Method ceased before 25 H. 6. at which time the Return made by Robert Vghtred Sheriff of Yorkshire hath the Names of Forty two Gentlemen most of which are of very ancient Families and such as had great Estates then and so continue to have though I doubt not but as it is the Custom now the much lesser part of those present were only inserted as Parties to the Indentures However by the Community we may understand who elected were not like the Freeholders now The next thing we are to consider in the Writs of Summons to Parliament What the Knights Citizens and Burgesses were summoned for is what the Knights Citizens and Burgesses so elected were by the Writ authorized to do The first Writ (e) Ad consulendum consentiendum pro se communitate illa hiis quae Comites Barones Proceres praedicti concorditer ordinaverint in praemissis Cl. 22. E. 1. m. 6. dorso that we find for Election of Knights of Shires expresseth their convening to be To consult and consent for themselves and the Community to those things which the Earls Barons and foresaid Nobles unanimously should ordain in the premisses and the Writ to the Sheriff of Northumberland is ad aâ—diendum faciendum quod tunc ibidem plenius injungemus to hear and do what we shall then and there fullier enjoin In the Writ 25 (f) Cl. 25 e. 1. m. 6. dorso E. 1. the King intending to confirm the great Charter and Charter of the Forrest that he might levy the eighth part of all the Goods of his Lieges for his most urgent necessity against the French convenes the Parliament before Prince Edward his Son and the Knights are to meet to receive the said Charters facturi ulterius quod per dictum Filium nostrum ibidem fuerit ordinatum to do further what should be ordained by the Prince The Writ 25 E. 1. (g) Bundel num 1. Ad faciâ—ndum quod tunc de Communi Conciliâ— ordinabitur in praemissis expresseth that the Knights Citizens and Burgesses are to do what then shall be
the Command of their Armies This as well as other Reasons must needs demonstrate That if ever any two Houses of Parliament should by Arts of Insinuation as that of 1641. did That unless the King would grant they might not be dissolved without their Consents Kings never to yield what the Long Parliament were so earnest for they could not have time to settle his Throne and redress Grievances or by denying necessary Supplies force a King to grant them a Power of prolonging their own Sitting or meeting at stated times without his Writ or yielding to their Bills implicitly as the Black Parliament of 41. endeavoured and then to have the Power of nominating the Great Ministers of State and the Officers of the Militia an end would be soon put to Monarchy Therefore every one that loves their Country The Care to be had in Elections the continuance of that most excellent Frame of Government for the Subjects security as no other Country enjoys those who would avoid the sad Ravages of Civil War who would make their Prince Glorious their Country Renowned themselves and their Posterities Happy let them be careful to elect Loyal and Judicious Members neither tainted with Faction Ambition or Self-ends and if any such be elected let the Wise and Loyal when they meet in that Great Assembly watch over the Designs of such ill Members discover their Intriegues be careful not to be circumvented by their Artifices stick close to the Fundamentals of Government and then all things will be prosperous and they will have the honour of being stiled True Patriots of their Country Sir (n) 4. Instit p. 35. Edward Coke hath noted That Parliaments succeed not well in five Cases Several Cases where Parliaments succeed not well when the King is displeased with the Two Houses First when the King hath been in displeasure with his Lords or Commons therefore it was one of the Petitions of the Commons to Edw. 3. That he would require the Archbishop and all other of the Clergy to pray for his Estate for the Peace and good Government of the Land and for the continuance of the King 's Good-will towards the Commons to which the (o) Rot. Parl. 25 E. 3. num 15. 43 E. 3. num 1. 50 E. 3. num 2. King replied The same prayeth the King The like Petition he saith many times the Lords have made and further adds That the King in all his weighty affairs had used the advice of his Lords and Commons always provided that both Lords and Commons keep within the Circle of the Law and Custom of Parliament The second is when any of the great Lords are at variance among themselves as he instanceth in the third (p) Rot. Parl. 3 H. 6. num 18. When Variance among the Lords of H. 6. in the Controversy betwixt John Earl Marshal and Richard Earl of Warwick and 4 H. 6. betwixt the Duke of Gloucester and Bishop of Winchester whereby little was done in any Parliamentary Court and that little of no moment The third When no good Correspondence betwixt the Lords and Commons when there is no good Correspondence betwixt the Lords and Commons which happens when some People out of design to render the meeting of the two Houses ineffectual do project some matters whereby the Houses may clash about Privileges as was lately in Shirley's Case about the Mony-Bill from the House of Lords and many other Particulars might be instanced in therefore Sir Edward Coke saith That when it was demanded by the Lords and Commons what might be a principal Motive for them to have good success in Parliaments Sitis insuperabiles si fuertis inseparabiles it was answered They should be insuperable if inseparable Cum radix vertex Imperii in Obedientium consensu rata sunt The very root and top of Government consists in the consent of the Obedient and the Subjects Happiness is in that Harmony when it is betwixt the two Houses and among themselves but much more happy when it is likewise betwixt the Sovereign and the two Houses It is that which compleats their own and the Peoples Felicity But when the two Houses or one of them are for wresting the Sovereigns Prerogative from him as in Forty one then it is the most fatal and ill-boding sign of any other The fourth is When Disagreement in the House of Commons when there wants Unity in the House of Commons as we had not long since Experience when within those Walls from whence wholesome Counsels are expected and all things tending to the preservation of the King's Peace Crown and Dignity such Heats were amongst the Members that if one Sword that was half drawn had been wholly unsheathed it was thought a very bloody Battel had been fought The last he makes When no Preparation for the Parliament is when there is no preparation for the Parliament before it begin for which purpose the Summons of Parliament is forty Days or more before the Sitting to the end that Preparations might be had for the considering the arduous and urgent affairs of the Realm And Sir Edward saith it was an ancient custom in Parliament in the beginning thereof to appoint a select Committee to consider of the Bills in the two preceding last Parliaments that passed both Houses or either of them and such as had been preferred read or committed and to take out of them such as were most profitable for the Commonwealth To these may be added a most material one When Redress of Grievances are preferred to the Supply of the King that makes unfortunate Congresses of Parliaments viz. When the Members come up with strong Resolutions to provide Remedies for some Grievances either real or surmised and at the same time the Sovereign is in great Straights for supplies for the safety repute or necessary occasions of the Government for then as in most of the Parliaments of King Charles the First the Houses are for redress of Grievances before supply how pressing and urgent soever and do not credit the King that he will give them time to redress them after he is supplied and they from design rather than this diffidence will not suffer supply and grievances to go pari passu Hand in Hand as we may remember in those Parliaments wherein the popular Men made such Harangues that they would know whether they were Freemen or Slaves or had any thing to give before they entred upon the giving part The like we saw in King Charles the Second's Reign in some of his last Parliaments whereby all their Consultations were abortive and both the Kings had no other Expedient but Prorogation or Dissolution and disuse of Parliaments for some Years followed How much happier have we been in the last Session of the Parliament under our most Wise The happy Harmony in the last Session of Parliament June 1685. Magnanimous and Gracious King wherein no strife or contention was but who
agreeth with the Act of Parliament 37 E. 3. c. 18. where it is said before the Chancellor Treasurer and Great Council Thirdly The Kings Privy Council which appears to be different from the last Great Council by many Records and particularly by that of (c) Rot. Claus 16 E. 2. m. 5. dorso 16 E. 2. where it is said Hen. de Bellomont Baron of the Kings Great and Private Council was sworn This Council is called Concilium Privatum secretum continuum Regis The Privy Council properly so called Lord President The First Member of this Council is the Lord President who was anciently called Principalis Consiliarius and sometimes Capitalis Consiliarius The first Lord President Sir Edward Coke (d) 4. Instit c. 2. fol. 55. 1. par Pat. num 22. John Bishop of Norwich is mentioned 7 Jo. by Matt. Paris fol. 205. mentions was the Earl of Lancaster 50 E. 3. 1 R. 2. then he reckons these in order the Duke of Bedford 1 H. 6. the Duke of Gloucester 10 H. 6. the Duke of York 11 and 22 H. 6. John Russel Bishop of Rochester and after of Lincoln is called President 13 E. 4. John Fisher Bishop of Rochester 12 H. 7. Charles Brandon Duke of Suffolk from the 25th to the 37th of H. 8. the Lord Pawlet 1 E. 6. the Duke of Northumberland 5 and 7 of E. 6. the Earl of Arundel 1 and 2 Ph. and M. in Q. Elizabeth's time we find none but in this Catalogue Mr. Prynne (e) Animadv p. 45. Pat. 13 E. 4. part 1. m. 3. hath truly noted That the Bishop of Rochester was not made President of the Kings Council but of the Prince's and was his Tutor as appears by the Patent it self there cited dated the 10th of Nov. This Office of Lord President was never granted but by Letters Patents under the Great Seal durante beneplacito In the Statute of 21 H. 8. c. 2. he is said to be attendant on the Kings most Royal Person the reason of which saith Sir Ed. Coke is That of latter times he hath used to report to the King the Passages and the State of the business at the Council Table The Lord Privy Seal is the next Principal Person that hath Precedence in the Kings Council Lord Privy-Seal concerning whose Office my Lord (f) 4. Instit c. 2. fol. 56. Coke hath discoursed at large to whom I must refer the Curious Reader as also to him for the Acts of Parliament Orders of the same and Acts of Council together with Mr. Prynne's (g) P. 45. Animadversions whereby the Privy-Council was to be regulated and concerning the Jurisdiction and Proceedings of the Kings Council Mr. Lambard's (h) P. 108. to 116. fol. 29. Archaion and Mr. Crompton's Jurisdiction of Courts may be consulted the several Bundels of Petitions to the King and his Council in the Tower of London and the Answers to them the Placita Parliamentaria coram Rege Concilio in the Tally Office of the Exchequer and in the Parchment Book of them in the Tower under King Edward the First printed by Mr. (i) In Placit Parl. Append. Those summoned to Parliaments as Assistants called the King's Council and in Parliament-time joyned with the King's Council in several Cases Ryley Of this Privy Council there seems to me to be two sorts one constantly attending the King and his Affairs the other in Parliament time only which had their particular Summons as I have before at full discoursed of and these two I find so obscurely distinguished that it is difficult in some places to understand which are meant but I think in time of Parliament these were joyned to the Kings Council for besides that they had a distinct Summons and in them as a specifical distinction the word caeteris was omitted in that part of the Summons which runs dictis die loco personalitor intersitis nobiscum ac cum caeteris Praelatis Magnatibus c. because they were not Parliamentary Barons there was also added in proceedings and judgments upon them these words coram ipso Domino Rege ejus concilio ad Parliamenta sua or ad Parliamentum suum or coram Concilio nostro in praesenti Parliamento For the particular Instances of which being they are very numerous Mr. Prynn's (k) A pag. 363. ad pag. 393. brief Register may be consulted wherein it seems to me upon the perusal of the several Records that these Assistants to the House of Lords were likewise joyned to the rest of the Kings standing Council in Parliament time so it is expressed in the Case of (l) Idem pag. 378. John Salâ—eyn and Margaret his Wife and Isabel her Sister Daughters and Heirs of Robert de Ross de Work thus Habito super praemissis diligenti tractatu per ipsum Dom. Regem totum Concilium and in the same it is thus also worded videtur Dom. Regi Concilio suo concordatum est consideratum per ipsum Dom. Regem Concilium suum So in others per Concilium Archiepiscoporum Episcoporum Comitum Baronum caeterorumque (m) Idem pag. 380. de Concilio suo existentium singulis de Concilio suo totius Concilii Domini Regis So in 21 E. 1. the Archbishop of York's Case videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Justiciariis similiter toti Concilio ipsius Dom. Regis and so it is said Magnates alios de Concilio ipsius Domini Regis rogavit This is further cleared by sundry (n) Idem pag. 383. The Court of Star-chamber was said to be coram Rege Concilio suo See Coke Inst 4. c. 5. Prefaces to and passages in our Printed Statutes as formerly I have noted So the Statute of Bigamy 4 Oct. 4 E. 1. saith In the presence of certain Reverend Fathers Bishops of England and others of the Kings Council the constitutions under written were recited after heard and published before the King and his Council for as much as all the Kings Council Justices and others did agree So the Statute of Quo Warranto 30 E. 1. Cum apud Westminster per nos Concilium nostrum provisum So 33 E. 1. it is agreed and ordained by the King and all his Council So 42 E. 3. c. 3. the Statute made on Petition of the Commons in Parliament begins (o) Plese a nostre Seigneur le Roy son bon Counsel pur droyt Government de son Peuple ordeigner Pleaseth it our Lord the King and his good Council for the better Government of his People to ordain By great store of Records it is apparent that in old times the Kings and their Councils gave Judgment in divers Cases of difficulty and other Common Cases concerning the Law of the Realm (p) See 11 H. 4. num 28. 63. Respectuatur per Dom. Principem Concilium Pryn. Animadv p. 39. 264 265 267 296.
Oyer and Terminer Gaol-Delivery and Justices of Peace are determined by the Death of the Predecessor that made them Therefore the Statute of 25 Ed. 3. declares it to be Treason if any man kill the Chancellor The Judges represent the King's Person Treasurer or the Kings Justices of the one Bench or the other Justices in Eyre or Assise or any other Justices assigned to hear and determine being in their places doing their Offices The (f) Id. 3. Instit p. 18 140. reason whereof is assigned because all these represent the King 's Royal Person in his own Courts by his own Commission under the Great Seal in the very Execution of the Kings Royal Office viz. Administration of publick Justice to his People As therefore the King at his Coronation (g) Facies fieri in omnibus Justiciis tuis aequam rectam Justitiam discretionem in misericordia veritate secundum vires tuas taketh an Oath to make to be done in all his Judgments equal and right Justice and Discretion in Mercy and Truth according to his Power So he lays the Burthen thereof upon the Judges according to that of E. 3. for the Pleasure of God and quietness of our Subjects as to save our Conscience and keep our Oath by the assent of our great Men and other of our Council we have commanded our Justices that they shall from henceforth do even Law and Execution of right to all our Subjects Rich and Poor without having regard to any Person c. Therefore before this in (h) Nulli vendemus nulli negabimus aut differemus Justitiam vel Rectum c. 29. Magna Charta we find that the King will sell deny or defer Justice to none Yet from hence it doth not follow that if in the opinion of some the King doth not do Justice that therefore any Subject should conclude as the Master of the Hospitallers of Jerusalem in England at Clerkenwell Anno 1252. 37 H. 3. did The Story is thus told by (i) Hist p. 826 827. Edit prioris Matthew Paris The Master waiting a time when he might discourse with the King he complained of some Injuries done him The King loseth not his Authority tho' he do not Justice and shewed the King some Charters of Protection of himself and his Ancestors The King answered with an Oath and in Wrath You Prelates and Religious especially Templars and Hospitallers have so many Liberties and Charters that they make you proud c. Therefore they ought prudently to be revoked which imprudently have been granted to you for even the Pope oftentimes revokes his Grants with a non obstante and the King told him so he would do To all which the (k) Cui Magister Hospitalis respondit alacâ—iter vultu elevato Quid est quod diciâ— Domine Rex Absit ut in ore tuo recitetur hoc verbum illepidum absurdum Quamdia Justitiam observas Rex esse poteris quam cito bane infregeris Rex esse desines Master saith Matt. Paris answered chearfully and with a lifted up Countenance What is this you say my Lord the King far be it from you to speak so absurd a thing As long as you observe Justice you may be a King and as soon as ever you break this you cease to be a King Thus he would make Dominion founded in Justice as others in Grace But I need not add many Authorities upon this Head for by the universal Suffrage of the profound Lawyers the Kings of England solely nominate create and (l) Dyer fol. 56. appoint all the Judges of the great Courts at Westminister and may remove them at their Pleasure and alone make (m) Davis 45. and appoint Justices of Oyer and Terminer of Gaol-delivery Justices of the Peace Sheriffs and the like Officers and (n) Coke 4. Inst n. 4. 14. 114. 117. remove them when they see Cause and the (o) Bulstrod 3. 296. 1 H. 7. c. 25. Prerogative of making Judges cannot be given or claimed by a Subject The King hath also Power to name create make (p) Sheppard's Grand Abridgment part 3. p. 53. and remove the great Officers Ecclesiastical and Civil by Sea and Land as Archbishops Bishops by way I suppose of Conge deslier The King 's placing and displacing all Great Officers and Translation Lord Chancellor or Keeper Lord Treasurer Lord President Lord Privy-Seal Lord High Steward Lord Admiral Lord High Constable Earl Marshal Lord Chamberlain Privy Counsellors the Marshal or Steward of the Kings House and the rest of the Officers of his Houshold Master of the Horse Officers of the Mint of the Castles Port-Towns and Shipping Lord Lieutenants and many more too tedious to be named So that either mediately or immediately all Officers are by the Kings appointment which is not only a manifest badge but a necessary appurtenance of the Soveraignty SECT 2 The Court of High-Steward THE Kings Courts have been various The Court of the High-Steward as that of the Privy-Council called the Council-Board of which I have spoke before The Court of the High-Steward of England intituled Placita Coronae coram Seneschallo Angliae disused since the Reign of Henry the Fourth and now a Lord High-Steward is only appointed pro hac vice with limitations for the Tryals of some Peers of the Kingdom upon Inditement His Power anciently was (q) Coke 4 Inst c. 4. Supervidere regulare sub Rege immediate post Regem totum Regnum Angliae omnes Ministros Legum infra idem Regnum temporibus Pacis Guerrarum The next Court which is now totally suppressed was the Honourable Court of Star-Chamber The Star-chamber Court of ancient time stiled Coram Rege Concilio suo coram Rege Concilio suo in Camera stellata of which I shall have occasion to write something in the Chapter below SECT 3 The Court of King's-Bench AS to the great and standing Courts The King's-Bench the first of them that is mentioned in Ancient Writers is that of the Kings Bench coram Rege This (r) Rex illarum Curiarum habet unam propriam sicut Aulam Regiam Justiciarios Capitales qui proprias Causas Regias terminant Bracton saith was the Kings proper Court called the Kings Hall and had for Judges in it Chief-Justices which determined the Kings proper Causes c. The same (s) Justiciariorum quidam sunt Capitales generales perpâ—tui majores a latere Regis residâ—ates qui emnium aliorum corrigere tenentur injurias errores Lib. 3. c. 7. fol. 108 b. Author speaking of the Justices of this Court saith That some of them were Capital General perpetual and the greater sitting by the Kings side which were to correct the injuries and errors of all others Fleta in describing this Court saith My Lord Coke gives this account That the King in this Court hath his Justiciaries as well Knights as Clergy-men as
the Instruments 2. Of Cures performed And 3. Of things Remarkable Written by Johannes Scultetus a famous Physician and Chirurgeon of Vlme in Suevia Faithfully translated into English by E. B. The Compleat Chymist or A new Treatise of Chymistry teaching by a short and easie Method all its most necessary Preparations Written in French by Nicholas Glasier Apothecary in Ordinary to the French King and the Duke of Orleans and from the Fourth Edition revised and augmented by the Author and now faithfully Englished by a Fellow of the Royal Society Il Nepotismo di Roma or The History of the Pope's Nephews from the time of Sixtus the Fourth Anno 1471. to the Death of the late Pope Alexander the Seventh Anno 1667. In two Parts Written Originally in Italian and Englished by W. A. fellow of the Royal Society The Present State of Egypt or A new Relation of a late Voyage into that Kingdom performed in the Years 1672. and 1673. by Fr. Vansleb R. D. Wherein you have an Exact and true Account of many rare and wonderful Particulars of that Ancient Kingdom Englished by M. D. R. D. The History of the Government of Venice wherein the Policies Counsels Magistrates and Laws of that State are fully related and the Use of the Ballotting Box exactly described Written in the Year 1675. by the Sieur Amelott de la Houssaâ—e Secretary to the French Ambassador at Venice The Present State of the Ottoman Empire In three Books Containing the Maxims of the Turkish Policy their Religion and Military Discipline Illustrated with divers Figures Written by Sir Paul Ricaut then Secretary to the English Ambassador there and since Consul at Smyrna The Memoires of Philip de Comines Lord of Argenton Containing the History of Lewis the Eleventh and Charles the Eighth Kings of France with the most Remarkable Occurrences in their particular Reigns from the Year 1404. to 1498. Revised and corrected from divers Manuscripts and Ancient Impressions by Dennis Godfrey Counsellor and Historiographer to the French King and from his Addition lately printed at Paris newly translated into English A Relation of three Embassies from His Majesty Charles the Second to the Great Duke of Muscovy the King of Sweden and the King of Denmark Performed by the Right Honourable the Earl of Carlisle in the Year 1663. and 1664. By an Attendant on the Embassies The Secret History of the Court of the Emperor Justinian Written by Procopius of Caesarea Faithfully rendred into English The History of the late Revolutions of the Empire of the Great Mogul together with the most considerable Passages for many Years in that Empire with a new Map of it To which is added An Account of the Extent of Industan the Circulation of the Gold and Silver of the World to discharge it self there as also the Riches Forces and Justice of the same and the Principal Cause of the Decay of the States of Asia By Monsieur F. Bernier Physician of the Faculty of Montpelier Englished out of French by H. O. Secretary to the Royal Society The Voyage of Italy or A Compleat Journey through Italy In two Parts With the Character of the People and the Description of the Chief Towns Churches Monasteries Tombs Libraries Pallaces Villas Gardens Pictures Statues and Antiquities As also of the Interest Government Riches Force c. of all the Princes with Instructions concerning Travel By Richard Lassels Gent. who travelled through Italy five times as Tutor to several of the English Nobility and Gentry The History of France under the Ministry of Cardinal Mazarine viz. from the Death of King Lewis the Thirteenth to the Year 1664. Wherein all the Affairs of State to that time are exactly related by Benjamin Priolo and faithfully Englished by Chr. Wase Gent. The History of the Twelve Caesars Emperors of Rome Written in C. Suetonius Tranquillus Newly translated into English and illustrated with all the Caesars Heads in Copper Plates The Compleat Gentleman or Direction for the Education of Youth as to their Breeding at home and Travelling abroad By J. Gailliard Gent. who hath been Tutor abroad to several of the Nobility and Gentry The Annals of Love containing Select Histories of the Amours of divers Princes Courts pleasantly related Deceptio Pisus or Seeing and Believing are two things A pleasant Spanish History faithfully translated In two Books The Loves of sundry Philosophers and other Great Men. Translated out of French The Novels of Dom Francisco de Quevedo Villegas Knight of the Order of St. James faithfully Englished Whereunto is added The Marriage of Belphegor an Italian Novel Translated from Machiavel A Relation of the Siege of Candia from the first Expedition of the French Forces under the Command of M. de la Fuillada Duke of Koannez to its Surrender Sept. 27. 1669. Written in French by a Gentleman who was a Voluntier in that Service and faithfully Englished The Present State of the Greek and Aâ—menian Churches Anno Christi 1678. By Sir Paul Ricault late Consul at Smyrna and Fellow of the Royal Society The Rights of the Bishops to judge in Capital Cases in Parliament cleared Being a full Answer to two Books lately published the first entituled A Letter from a Gentleman to his Friend c. the other A Discourse of the Peerage and Jurisdiction of the Lords Spiritual in Parliament endeavouring to shew the contrary A Resolution of Conscience touching Impositions Suffragium Protestantium Wherein our Governours are justified in their Impositions and Proceedings against Dissenters Meisner also and the Verdict rescued from the Cavils and Seditious Sophistry of the Protestant Reconciler By the Right Reverend Father in God the Lord Bishop of St. Davids The Living Temple or A design'd Improvement of that Notion That a Good Man is the Temple of God By John Howe M. A. sometimes Fellow of M. Coll. Oxford A Friendly Conference between a Minister and a Parishioner of his inclining unto Quakerism c. With the Vindication of it from the Exceptions of Thomas Ellwood in the pretended Answer to the said Conference Thirteen Sermons preached before King Charles the Second in His Exile by the late Reverend Henry Byam D. D. Rector of Luckham Canon of Exeter and one of His Majesty's Chaplains in Ordinary With the Testimony given of him at his Funeral by Hamnet Ward D. D. Counsel and Directions Divine and Moral in plain and familiar Letters of Advice from a Divine of the Church of England to a young Gentleman his Nephew soon after his Admission into a College in Oxford The Christian's Defence against the Fears of Death with seasonable Directions how to prepare our selves to die well Written originally in French by the late Reverend Divine of the Protestant Church of Paris Char. Drelincourt And translated into English by M. D' Assigny B. D. A Discourse of Natural and Moral Impotency By Joseph Truman B. D. Aminta the famous Italian Pastoral translated into English Paradise Regained a Poem in four Books To which is added Samson
Homagio Ligeancia quibus nobis tenemini is peculiar to the Temporal Lords But that in fide dilectione is not so peculiar to the Ecclesiastical Lords but is inserted into the Lay Lords Writs sometimes The reason why Archbishops Bishops Deans Parsons Prebends and other Ecclesiastic Bodies Politic when they do Homage saith (h) Littleton Cap. de Homagio â—ect 86. Littleton do not say Jeo deveign vostre Home I become your Man from whence Homagium or Hominium comes is (i) Par estre tant solement le home de Dieu because he is solely the Homager of God and so Glanvil Lib. 9. c. 1 2. Bracton fol. 78. F. Britton c. 68. lesta L. 3. c. 16. resolve that no Man (k) Post consecrationem hom â—gium non faciunt quiequid fecerunt ante sed tantum â—idelitatâ—m elected Bishop after Consecration doth Homage whatever he hath done before but only Fealty and no Convent or Abbat or Priâ—r ought to do Homage because they hold in anothers name viz. the name of the Churches But that these Ecclesiastics swore Fealty appears by many examples produced by Mr. Prynn (l) Brief Register part 1. fol. 196. to 206. p. 427 657 663. and what Oaths they took in his abridgment of the Records of the Tower But this is now of little use and so I leave it and shall observe some Particulars which Mr. Prynn and others have noted from the several Writs of Summons to Temporal Lords First it may be observed 1. Observations upon the Writs to Temporal Lords That it alone did not ennoble that a Summons by Writ though for two or three Generations from Father to Son did not ennoble the Blood to make them Barons So Ralph de Camois 49 H. 3. was summoned by Writ and ranked in the Roll above all Barons and Ralph his Son Anno 7 E. 2. But (m) Claus 7 R. 2. m. 32. dorso Thomas the Grandchild being chosen one of the Knights for Surry was discharged by the King 's Writ because he and many of his Ancestors were Bannerets and King Richard the Second summoned him to that very Parliament and he was summoned ever after during Life yet his Posterity as others were omitted which if they had been Barons properly as those by Creation and Tenure of Lands had not been omitted but might have challenged Summons ex debito Justiciae But I cannot enter into this long Controversy First and secondâ— Brief Register the curious may peruse Mr. Prynn and Elsyng's ancient method of holding Parliaments Page 33. who is of opinion that every degree of Baron passed with actual Ceremony and those Patents some had whereof the first upon Record he saith was 11 R. 2. to the Lord John Beauchamp of Rolt was an entailing of the Honour rather than the Creation because the words are ipsum Johannem in unum Parium Baronum Regni praeficimus whereas if he had been then created the words should have been per praesentes praefecimus Besides we find Henry Bromflet Knight was created by special Writ and his Heirs Males Barons de Vescy 27 H. 6. (n) Claus 27 H. 6. m. 26. dorso â—ntred after the names of the Temporal Lords in the very Summons in common Form to which is added Volumus enim vos haeredes vestros masculos de Corpore vestro legitime exeuntes Barones de Vescy Now this special Writ and Clause of Creation had been meerly void and nugatory had the general Writ alone ennobled him and his Posterity Yet in all the (o) Prynne part 1. Brief Register p. 228. subsequent Summons 28 29 31 33 38 H. 6. He is only called Dominus not Baro de Vescy as also may be noted of Beauchamp Secondly 2. The use of Barâ— in Writs how rare It may be observed that the word Baro and Barones are frequently met withal in Histories the Clause-Rolls of King John and H. 3. and in the Preface of Magna Charta and several Statutes applied to all the (p) Ibid. p. 218. Temporal Lords of Parliament yet in all the Clause-Rolls and Writs of Summons Mr. Prynn hat not observed any particular Persons amongst them summoned by the Title of Barons but only the Barons of Graystock and Stafford from Ed. 1. to H. 6. as Johanni Willielmo Radâ—â—pho Baroni de Graystock and so in Ed. 1. and 3. Edmundo Radulpho Baroni de Stafford Thirdly 3. Title of Dominus in Writs of Summons as to the Title of Dominus Mr. Prynn saith It is not to be found given to any but two before the time of H. 6. The first is John de (q) Cl. 16 E. 3. par 2. m. 13. dorso Moubray stiled Dominus Insulae de Axholm none else having this title till after the Reign of Richard the Second The next so stiled is 11 H. 4. (r) Cl. 11 H. 4. m. 32. dorso where a Writ issued Johanni Talbot Domino de Furnival which though omitted in some Summons after was again used in the Summons to him (s) Cl. 4 H. 5. m. 16. dorso 4 H. 5. and H. 5. after which none is found stiled Dominus till (t) Cl. 22 H. 6. m. 21. dorso 22 H. 6. that Robert Hungerford Chevalier is stiled Dom. de Mollins as he is in 25 H. 6. which gave the Title of Dom. de Poynings to Henry Percy and in Cl. 27 H. 6. m. 21. dorso this Title Dominus is given to Hungerford Percy and four more after which it grew more common to them and others summoned as may be seen in Sir William Dugdale's Summons lately Printed who (u) Cl. 49 H. 3. m. 5. 49 H. 3. reckons Dom. Hugo Dom. Humet and Dom. Stanford Fourthly 4. Title of Chevalier Another Title given to Barons of the upper House is that of Chevalier which was not given to any Temporal Lords or Barons in any Writs or Lists of Summons to Parliament before 49 Ed. 3. (w) Cl. 49 E. 3. n. 4.6 dorso 50 E. 3. part 2. m. 6. dorso wherein Summons issued Willielmo de Morle Chevalier Willielmo de Aldburgh Chevalier Joh. de Welle Chevalier Hugoni de Dacre Chevalier After which it grew more common under King Richard the Second Henry the Fourth and Fifth After the beginning of H. 6. and during the Reign of H. 6. and Ed. 4. there was scarce any Temporal Lord in the lists of Summons but was stiled Chevalier or Miles and so it continues to this day though not as Mr. Prynn saith because they were all generally Knighted for their greater Honour for it is apparent in the Lists exhibited by Sir William Dugdale that most of the Barons by descent though never Knighted had the Title Fifthly 5. Of Councils that were not Parliaments There is great difference betwixt Writs of Summons to general Parliaments and particular Councils upon emergent occasions which are not properly Parliaments All Bishops Abbats Priors Earls Lords Barons
together with Judges and King's Council Citizens Burgesses of Parliament and Barons of the Cinque-Ports being usually summoned to the one but to the other some few Spiritual and Temporal Lords only without (x) Brief Register part 1. pag. 187. to 192. 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 or Barons of Parliament as Mr. Prynn hath made evident and the Rolls themselves in the Margin notes them by de Concilio summonito or deveniendo ad Concilium which some Antiquaries having not noted have confounded them SECT 4. Of the Judicature of the House of Lords IT is evident that the Lords in Parliament have ever been the usual Judges not only in all criminal and civil causes 6. The Lords Judicature proper for Parliaments to judg or punish and Writs of Errors but likewise in all cases of Precedencies and Controversies concerning Peers and Peerage which Power was in them as the King 's Supreme Court before there were any Knights Citizens or Burgesses summoned to our Parliaments So Hoveden (y) Annal. pars poster p. 561. ad 566. is express in the case of Sanctius King of Navar and Alphonsus King of Castile Comites Barones Regalis Curiae Angliae adjudicaverunt Anno 1177. 23 H. 2. So Fleta in Ed. the First 's time writes (z) Habet enim Rex Curiam suam in Concilio suo in Parliamentis suis praesentibus Pralatis Comitibus Baronibus Proceribus aliis viris peritis ubi terminatae sunt dubitationes judiciorum Lib. 2. c. 2. p. 66. thus The King hath his Court in his Council in his Parliaments there being present the Prelates Earls Barons Nobles and other skillful Men viz. the Judges Assistants where are ended the doubts of Judgments This Particular of the Jurisdiction of the House of Lords is so fully in every Branch of it proved by Mr. Prynn in his Plea for the Lords House that it were an Injury to the inquisitive Reader not to referr him to that Treatise for full Satisfaction therefore I shall only pick out a very few out of a Manuscript I have of the Priviledges belonging to the Baronage of England and Mr. Prynn In the fourth of King (a) Roâ— Parl. 4 E. 3. m. 7. num 3. Judgment of Lords on John Mautravers Edward the Third the Peers Earls and Barons assembled at Westminster saith the Record have strictly examined and thereupon assented and agreed that John Mautravers is guilty of the death of Esmon Earl of Kent Uncle of our Lord the King that now is wherefore the said Peers of the Land and Judges of Parliament judged and awarded that he the said John should be drawn hanged and beheaded In the first of R. 2. John Lord of (b) Rot. Par. 1 R. 2. m. 6. num 38 39. Gomenys and William de Weston were brought before the Lords sitting in the white Chamber On John Lord of Gâ—menys and William Weston for delivering up Forts to the Enemy and were severally charged at the Commandment of the Lords by Sir Richard Scroop Knight Steward of the Kings House William Weston being accused for rendring the Castle of Outhrewike and John Lord of Gomenys for rendring the Castle of Ards. They both made plausible defences and Sir Rich. Scroop Steward tells William that the Lords sitting in full Parliament do adjudge him to death But because our Lord the King is not yet informed of the manner of this Judgment the execution thereof shall be respited till the King be informed thereof and the like Sentence he passed upon John Lord of Gomenies only adding that he being a Gentleman and Banneret should be beheaded There are many more Examples of Judgments given in Capital matters upon Bergo de Bayons 4 E. 3. m. 7. num 4. Thomas de Gurny eadem membrana num 5. and others and for Offences not Capital of Richard Lions 59 E. 3. m. 7. William le Latymer 42 E. 3. m. 2. William Ellis ibid num 31 John Chichester and Botesha 1 R. 2. num 32. Alice Piers Ibid. num 41. Mr. Antiquity of Judgment by Peeâ—s Prynn (c) Plea for Lords p. 203. Hist lib. 4. shews this Jurisdiction out of Historians even from Cassibellan out of Geoffrey of Monmouth Also Anno 924. of Elfred a Nobleman who opposed King Aethelstan's Title and had his Lands adjudged by the Peers forfeit to him the Words of the King are Et eas accepi (d) Malmsb. de Gest is Reg. lib. 2. c. 6. p. 62. Spelman Conc. Tom. 1. p. 407 408. Anno 1043. quemadmodum judicaverunt omnes â—ptimates Regni Anglorum So Earl Godwin having murdred Prince Alfred Brother to King Edward the Confessor being fled into Denmark and hearing of King Edward's Piety and Mercy returned and came to London to the King who then held a Great Council and denied the Fact and put himself upon the (e) vnde super hoc pono me in consideratione Curiae vestrae Chron. Brompton col 937 938. consideration of the Kings Court and the King speaks to the Earls and Barons thus Volo quod inter nos in illa appellatione rectum judicium decernatis debitam justiciam faciatis and after it is said Quicquid judicaverint per omnia ratificavit So in the Constitutions of (f) An. 1164. M. Paris 94. Sicut Barones caeteri debent interesse judiciis Curiae Regis cum Baronibus quousque perveniatur in judicio ad diminutionem membrorum vel ad mortem The House of Lords the King's Court of Barons Clarendon it is appointed That the Archbishop Bishops and those Clergy that held in Capite as by Barony should be Parties in the Judgments of the Kings Court as other Barons ought with the other Barons till it come in Judgment to the loss of Member or to Death So in the Case of Tho. Becket Archbishop of Canterbury Anno 1165. 11 H. 2. we find in Hoveden parte post p. 494 495. that Barones Curiae Regis judicaverunt eum esse in misericordia Regis and afterwards when he would not yield to the Kings Will he (g) Dixit Baronibus suâ—s Cito facite mihi judicium de illo qui homo meus Ligeus est stare Juri in Curia mea recusat saith to his Barons Quickly make to me Judgment of him who is my Liege Man and refuseth to stand to the Law in my Court The Barons going out judg'd him fit to be seiz'd on and sent to Prison and the Historian saith tunc misit Rex Reginaldum Comitem Cornubiae Robertum Comitem Leicestriae ad indicandum ei judicium de illo factum Anno 1208. King (h) Anno 10 Johan Mat. Paris p. 218. John exacted Pledges of his Subjects and amongst others of William de Breause who said If he had offended the King he would be ready to answer his Lord and that without Hostages secundum judicium
de Sabaudia J. Filius Galfridi Jacobus de Audel Petrus de Monteforti vice totius Communitatis praesentibus Literis sigilla nostra apposuimus in Testimonium praedictorum So that it is plain it was not Peter de Montefort that signed vice Communitatis but they all did it and he was a great Baron himself the Head of whose Barony was Beldesent Castle in Warwickshire I think it not amiss here to offer my Opinion concerning this Question and the great Controversie betwixt Dr. Concerning the Commons first summoning to Parliament Brady and Mr. Petyt and those that are so earnest to find the Commons summoned to Parliament before the 49 H. 3. before King John granted his Charter wherein he grants that he will cause to be summoned the Archbishops Bishops Abbats Earls and greater Barons of his Kingdom singly by his Letters and besides (i) Et Praeterea faciemus submoneri in generali per Viâ—ecomites Ballivos nostros omnes alios qui in Capite tenent de nobis Matt. Paris fol. 216. Edit ult num 20. will cause to be summoned in general by his Sheriffs The Tenents in Capite in stead of the Representative Commons as now and Bayliffs all others which hold of him in Capite at a certain day there is no doubt but the Tenents in Capite such of them at least as were eminent for Parts or as the King pleased were summoned to the great Councils and it being in that Charter said that the cause of the Meeting should be expressed in the Summons and that Forty days warning should be given and in the same Charter that the City of London should have all its ancient Liberties and free Customs and that all other Cities Burghs and Villa's which was of the same import as a Free Burrough as we find in Pontefract which is always stiled Villa Some summoned from Cities and Burroughs before King John's time but not as our Citizens and Burgesses now by Representation and the Inhabitants Burgenses who held a certain Land called Burgage Land and the Barons of the Cinque Ports and all the Ports should have all their Liberties and their Free Customs ad habendum commune concilium Regni de Auxiliis c. that is as I suppose to have some of their Members at the great Councils where Aids were to be granted to the King other ways than in three cases before excepted that is to redeem the Kings body to make his Eldest Son a Knight and to marry once his Eldest Daughter excepting which three Particulars reserved before in his Charter he had granted that no Scutage nor Aid should be laid on his Kingdom unless by the Common Council of his Kingdom From whence I think may be inferred that such Cities Burroughs and Villa's which held in Capite or the Lord that was principal owner of them by his Praepositus Ballivus or some that held immediately under him and so some for the Dominicae Civitates Burgi Regis might be summoned with the lesser Barons or the other Tenents inc Capite But this doth not prove them to come by way of Representatives nor that they had any more Power than the Knights Citizens and Burgesses had in after-times which as I have made it apparent by the several expressions in the Summons was only to hear and assent to what the King and Magnates ordained Since there are now extant no Summons in King John's time or before the 49 H. 3. except some few that are about the Tenents in Capite aiding the King in his Wars the subsequent Practices are the best Expounders of ancient Usages Upon the whole I do judge that before King John's Charter there were many of the Tenents in Capite summoned to the great Councils but so as the King had his liberty to summon whom he pleased and that some from Cities Burghs Villa's and other Ports did come to the great Council but still at the Kings pleasure and that in King John's time the body of the Kingdom siding with the Lords that so often rebelled against him the Lords thinking to make their Party stronger got the Clause for other Tenents in Capite to be summoned by general Summons After King John's Charter the Tenents in Capite so numerous as might be reputed an House of Commons Now whatever number were convened before King John's Charter this general Summons must greatly encrease the House of Commons as I may call it and there needs no such strife about the want of Freemen in these Councils for after this Charter all who were properly Freemen were capable the other were generally Tenents to them and Homagers which was a Tenure that though it might free their Persons yet their Lands were obnoxious to forfeiture upon every breach of Homage and their Lords had the power of taxing them so that in some sense they were their Tenents Representatives and as long as they were Freeholders themselves and were a more numerous body if they all appeared as for any thing I see they might do if not hindred by Impotence Nonage or the Kings service they far exceeded the number of Representatives in the Reigns of King H. 3. E. 1. and E. 2. So that it amounts to the same thing as to the general Freedom of the Nation when all these were Members of the Great Councils Who properly Freeholders in Kâ— John's time whether the common Freeholder were represented or not as now which Dr. Brady hath so nervously confuted every where in his Introduction that they were not that I think the Freedom Mr. Petyt Mr. Pen and others make so great a coyl about no ways impaired by Dr. Brady who like a judicious Person would have us use propriety of Speech and rather be thankful for the Freedom we now enjoy and our Ancestors have from time to time obtained by the grant of Kings than to make such Claims to native Freedoms and Liberties as Mr. Pen would have it that our Ancestors contended for as if their Ancestors had enjoyed them before we had any Kings and stipulated with their Kings for them before they admitted them to Soveraignty which no considering person that will impartially read ancient History either of our Country or others can find any certain footsteps of To return now to the business which the foregoing observation gives some light to I conceive as the Thegns the Kings Prepositi and Reeves As the Thegns in the Saxon-times so the Praepositi Reeves c. of Burroughs after by reason of their Imployments about the Kings Demesn Lands governing of Burroughs Stewards of Hundreds Wapentakes and men employed in other civil Affairs of the Kingdom did meet in the Saxon Councils so from Cities and Burroughs where great Lords had Fees as most if not all of them may be easily proved to have been held immediately of the King or of some of the very great Barons there might come before King John's time some Members to the great
Entries fol. 446 447. Trin. 1 Eliz. not in the Commons House as the Statutes and Precedents in the Law-Books resolve So that he saith how the Commons are now become sole Judges of all false Returns and Elections and that perlegem consuetudinem Parliamenti against all these Acts and Precedents let Sir Edward Coke and others resolve him and the Intelligent when they are able for late and arbitrary Priviledges are of no value but ancient usage and Law of our Parliaments and solid Reason which cannot be produced to justify these late Innovations and Extravagances The Statute of 8 H. 6. Rot. Parl. 8 H. 6. num 391. Petitions from the Commons to the King and Lords about Elections to prevent Tumults Uproars and Disorders in the Elections is grounded upon a Petition from the Commons that the King by advice and assent of the Lords Spiritual and Temporal would seclude all but Freeholders of forty Shillings a Year Lands above all Reprizals which was more than forty Pound a Year now being the twentieth part of a Knights Fee In 18 H. 6. Rot. Parl. 18 H. 6. m. 13. num 18. it was shewed to the King and the Lords Spiritual and Temporal That Gilbert Hore Sheriff of the County of Cambridge made no Return of Knights upon the King 's Writ Whereupon the King by Advice and Assent of the Lord Spiritual and Temporal ordered a new Writ So that then there were no other but the King that had the Power to cause new Elections with Advice and Consent of the Lords and so the King issued out new Writs Anno 29 H. 6. Nicholas Stynecle Knight Richard Bevel c. and other notable Esquires Gentlemen and other Men holding Fees who may expend 40 s. per Annum beyond Reprizes chose Robert Stonham and John Stynecle notable Esquires To this is annexed a Petition to the King our Gracious and Sovereign Lord Petition of Subjects to the King about Elections signed by 140 Gentlemen and Freeholders in behalf of those against one Henry Gimber who was not of Gentile Birth chosen by the number of 70. and the Under-Sheriff countenanced him and his Party and would not suffer these 140 to be examined about their Estates and give Voice thoue he might clearly yarely expend 20 Mark without that we should have offended the Peace of Yow our most doutye Soveraign Lord and so we departed for dread of the said Inconveniences that was likely to be done of Manslaughter and what the Sheriff will return in this behalf we can have no notice For which Causes we your true humble Suggets and Liegemen in our most lowly Wise beseeching you our most douty Sovereign Lord and King these Premisses may be considered for Your most Aid and our Freedom that the said Sheriff may be by Your great Highness streightly charged to return the said Robert Stoneham c. Thus far the Petition From this memorable Petition Mr. Prynne makes many observations the principal of which are that the King himself was to redress and rectify all false and undue Returns Secondly That this is the only clear Declaration and Record he hath met with complaining against a Sheriff giving of an Oath A Sheriffs denying the Poll petitioned against and Poll to some Freeholders and denying it to others Thirdly That when legal Electors cannot be sworn or polled without breach of the Peace or Manslaughter they may justly depart and ought to make such a complaint and declaration under their hands and Seals Fourthly That Ignoble persons who are not of Gentile birth ought not to be elected Knights of Shires Whoever desires to peruse more concerning the ancient usage in Elections may peruse Mr. Prynne's Plea for the Lords from page 371. to 416. his Second Part of Brief Register p. 118 119 139 140. and several other places I shall only add what Queen Eliz. Freeholders Grand Inquest p. 60. D' Ewes's Journal fol. 393. 18 Regni said in this case That she was sorry the Commons medled with chusing and returning Knights of the Shire for Norfolk it is to be presumed the like she might have said of any other County if there had been occasion a thing impertinent for the House to deal with and only belonging to the Office and Charge of the Lord Chancellor from whom the Writs issue and are returned Having thus given a brief account of the ancient Usage I come to the modern way which according to Mr. Hackwell Memorials c. 6. p. 20. The modern Use of Regulating Elections is that a general order hath usually been made in the beginning of the Session to Authorize the Speaker to give Warrant for new Writs in case of Death of any Member or of double Returns where the Party makes his choice openly in the House during that Session as it was ordered in the beginning of the Parliament 18 and 21 Jacobi primi and where such general Order is not made Writs have issued by Warrant of the Speaker by Vertue of special Order upon motion in the House and this Warrant is to be directed to the Clerk of the Crown in Chancery by order of Parliament 13 Nov. 1601. The Committee of Privileges 24 March 21 Jacobi making their Report a question was put Whether Sir Thomas Holland and Sir John Corbet were well elected Knights for Norfolk the House were divided and it was over-ruled by the House that the No's should go forth So that now the House of Commons are the sole Judges of the validity or invalidity of Elections and I suppose the King and Lords judging the House the competentest Persons to make enquiry and being willing to be eased of the trouble of such Matters as relate only to the Members of the House of Commons have rather by connivence than by any positive Ordinance in the House of Lords dismissed this to the House of Commons against which Mr. Prynne sadly complains Plea for the Lords p. 413. saying That since the Committees of Privileges have interposed in them their Proceedings have been very irregular and illegal in respect all the Witnesses they examine touching them are unsworn and give their Testimonies without Oath upon which they ground their Vote and for the most part very partially for which cause it is usually stiled the Committee of Affection In 35 Eliz. Sir Simon D' Ewes's Journal p. 494. In Queen Elizabeth's time Application made to the Chancellor or L. Keeper Sir Edward Coke being then Speaker he was ordered to attend the Lord Keeper to move his Lordship to direct a new Writ for chusing a Burgess for Southwark instead of Richard Hutton supposed to be unduly elected and another for allowing Sir George Carew who was duly elected but not returned to be Burgess of Gamelsford in Cornwal and a third for changing the name of John Dudley returned Burgess for New Town in the County of Southampton into the name of Thomas Dudley the Christened Name being mistaken But the L. Keeper would
the personal Will and Power of the Sovereign himself standing in his highest Estate Royal. Therefore whoever reads the Authors that writ in defence of the Parliament must consider this Fallacy they frequently used that he do not apply the Authoritative Act of the King with the Consent of the two Houses to the Houses without the King From the Co-operation of the two Houses in preparing Laws (b) Freeholder's Grand Inquest p. 34. the late 〈◊〉 since King Charles the First 's time of the words The King is not one of the Three Estates Be it endâ—ed by the King the Lords Spiritual and Temporal and Commons as if they were all Fellow-Commissioners and the unwariness of some of the Penners of the King's Answers to some of the Papers of the two Houses wherein they stiled the King the third Estate the Commonwealths-Men have taken the advantage to reckon the King but as a third Legislator Therefore I think it necessary to remove this Rub e're I proceed further Although the Author of the Imposture The Modus makes the Parliament to consist of six Parts called the modus tenendi Parliamentum makes six degrees of constituent Members of the Parliament viz. The King first then Secondly the Archbishops Bishops Abbats Priors and other Clerks who held Baronies Thirdly the Proctors of the Clergy Fourthly the Earls Barons and other great Men who held to the value of a County or Barony Fifthly the Knights of Shires Sixthly the Citizens and Burgesses to which he might have added the Barons of the Cinque-Ports yet he saith the King is the Head Beginning and End of the Parliament and so hath no (c) Ita non habet Parem in suo gradu Peer in his degree Yet it plainly appears that these we now call the two Houses were by reason of their distinct Orders most frequently divided into three For in (d) As queux Prelats ou la Clargie par eux mesmes les Countes Barons par eux mesmes Chevalers Gentz de Countez Gentz de la Commune par eux mesmes entreteront Prynne Animadv p. 10. 6 E. 3. at his Parliament at York the Record saith That on the Friday before the Feast of St. Michael the Prelates or the Clergy by themselves the Earls and Barons by themselves the Knights of the Counties and the Commons by themselves treated c. Othertimes we find the Prelates Earls Barons and great Men and the Knights Citizens and Burgesses to have separate Consultations by themselves and to give their several answers to Articles and business propounded to them in Parliament as Mr. Prynne out of the Abridgment of the Records of the Tower hath given us above twenty instances At the making of the Statute of Praemunire 16 R. 2. the Commons pray The Lords Spiritual Lords Temporal and Commons make the Three Estates That the Lords as well Spiritual as Temporal severally and all the Estates of Parliament might be examined how they thought of that matter and the Lords Spiritual answered by themselves and the Lords Temporal by themselves and the King was Petitioned to make this Examination So in 40 E. 3. the King asking the Houses Whether King John could have subjected the Realm as he did the Prelates by themselves and the Dukes Earls and Barons by themselves gave their Answer Besides we find as at large I have before instanced in the last Chapter the Writs of Summons of the Bishops and Clergy were only in side dilectione and the Barons generally (e) Stat. 18. â— 6. c. 1. in fide homagio or Ligeancia and the Clergy granted their Subsidies apart and distinct from the Nobles Besides that the Bishops are to be esteemed the Third Estate is clear by Act of Parliament for it being questioned (f) 8 Eliz. c. 1. whether the making Bishops had been duly and orderly done according to Law the Statute saith That the questioning of it is much tending to the slander of all the Clergy being 〈◊〉 of the greatest States of the Realm So Sir (g) P. 36. Thomas Smith as in the last Chapter I have noted distinguisheth the two Houses into three Estates and Sir Edward (h) 4. Instr p. 1. Coke saith expresly That the High Court of Parliament consisteth of the Kings Majesty sitting in his Royal Politick Capacity and the three States of the Realm viz. the Lords Spiritual Lords Temporal and Commons the like the learned (i) Interpreter tit Parliament Cowel affirms Sir Henry Spelman (k) Solenne collequium omnium Ordinum Regni Authoritate solius Regis ad consulendum statuendumque de negotiis Regni indictum Gloss p. 449. calls it a Colloquy of all the Orders of the Kingdom convened by the sole Authority of the King to consult and appoint in the Affairs of the Kingdom This was also known to Foreigners uninteressed Persons for the Lord Argenton speaking how Subsidies were granted in England saith * Lib. 5. p. 253. Convocatis primis Ordinibus Clericis Laicis assentiente Populo And Bodin ‖ De Repul lib. 6. whenever he speaks of the Constitution of our Parliament calls it the King and the three Estates of the Realm But to put all out of doubt in King Charles the Second's Reign it is determined in the Act for the Form of Prayers for the Fifth of November For the Preservation of the King and the Three Estates Now the reason why in King Charles the First 's answer Why in some of King Charles the First 's Writings the King was called the Third Estate we meet with the expressions of making the King the third Estate was because at that time the Bishops being voted out of the House of Lords and the two Houses setting themselves in all the points of Controversie in opposition to the King the notion of a Triumvirate was more intelligible as it may be thought to the People and those who were so bitter Enemies to the King and had such a Rebellious force would have still increased the Peoples aversion if the King had asserted his Royal Prerogative otherwise Whether this were the true reason or the oversight of the Penners of his Majesties Answers I will not undertake to determine but I am induced to believe the first because I find the King and those that writ in defence of his Cause using frequently this way of Argument In every State there are three Parts saith (l) Review of Observations one the King ordered to write for him capable of just or unjust Soveraignty viz. the Prince Nobles and People Now through the Piety of our Lawgiving Princes a just and regular course of Government being obtained the stability of which being found to be more concerned in the Power of making Laws than in any other Power belonging to the Soveraign for preventing of Innovations that might subvert that setled regularity the frame and state of Government was in such a sort established as that the
better Condition though Gentiles than the Christians under the Romans or that it is derived from Gens I am more inclined to be of the latter Opinion finding it more agreeable to the common Use For Cicero (b) In Topicis calls those Gentiles qui ex eadem Gente Ingenui qui nunquam Capite sunt diminuti Gens consisting of a multitude which have sprung from one Generation and of many of these Gentes consists a Nation to which agrees that of (c) Gentilis dicitur ex eodem genere ortus is qui simili nomine appellatur Festus ad Verbum Festus that Gentilis is one born of the same Gens or Kindred and who is called by the like Name So we find the Horatii the Corvine Julian Flavian Family c. So the Greeks use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for one nobly descended from great Parentage So 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was Nobility which (d) Polit. lib. 4. c. 8. lib. 5. c. 1. Aristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Antient Wealth and Vertue or the (e) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rhetor. ad Theod lib 2. c. 5. Dignity of the Ancestor The first Authors of it being stiled famous Men and Honourable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the largest acceptation of the Word as it is now used saith the judicious (f) Tiles of Honour p. 852. Selden it denotes one that either from the Blood of his Ancestors or the Favour of his Sovereign or of them that have Power from the Sovereign or from his own Vertue Employment or otherwise according to the Laws and Customs of Honour in the Country he lives in is ennobled made Gentile or so raised to an eminency above the Multitude perpetually inherent in his Person These are stiled the Nobiles minores for distinction sake The use of the word Nobilis the word Nobiles being now appropriated to those of the higher Rank The ancient use of Nobilis especially before the Roman Monarchy was such that it was justly given to none but him that had Jus imaginum or some Ancestor at least that had born some of the great Offices or their Magistratus Curules as (g) 〈…〉 1. cap. 19. Censorship Consulship c. From whose Image kept he had the Jus Imaginum Therefore the preceding Ancestor was called novus Homo or Ignobilis Some Ages after the Romans were under a Monarchy the Title of Nobilis was given to such as by the Emperors Patents of Offices or their Codicilli Honorarii were first raised out of the lowest Rank After that Arms of Ensigns of Distinction born upon Shields grew to be in may Families Hereditary which was about four hundred Years since as Sir Edward Bish in his Aspilogia avoucheth it came into frequent use that he who was either formerly ennobled by Blood or newly by acquisition either assumed or had by Grant from his Sovereign or those deputed by him some special note of Distinction by Arms also to be transmitted with his Gentry to his Posterity Yet (h) 〈◊〉 Mr. Selden notes that in the Proceedings in the Court of Chevalry betwixt Reginald Lord Grey of Ruthin Plaintiff and Sir Edward Hastings Defendant concerning the bearing of a Manch Gules in a◠Field Or in the depositions taken in the Moote Hall at Bedford it is recorded that John Botiler of the County of Bedford and Roger Tenstal Mayor of Bedford having been the Plaintiffs Servants severally deposed Il est Gentilhom d' Auncestrie mas nad point d' Armes Gentlemen without coats of Arms. That he was a Gentlemen of antient time but had no Arms. But I shall pass from this That which I desire the Gentry to observe is Advice to the Gentry That they are the Seminary of our greater Nobility and that from Loyal Wise Learned Valiant and Fortunate Persons of their Order in all Princes Reigns the Nobility have sprung Therefore as some of them are derived from as numerous Ancestors as any in other Kingdoms and have by Hereditary Succession greater Estates than many foreign Counts and as they desire either to conserve the Repute their Ancestors have honourably entailed on them or to transmit them to their Posterities so it will be their Interest and Glory to accomplish themselves in all sorts of useful Learning whereby they may be Serviceable to their King and Country There are Bodily Exercises they should be well skilled in as Fencing Riding the great Horse and all Military Exercises to enable them to serve in the Militia of the Nation and their diligent perusing all sorts of History and the Laws of the Land will fit them for the managing of Civil affairs and dispensing the Kings Laws as Justices of Peace Sheriffs Commissioners Representatives in Parliament as also for the greater Offices of State Since they are born to large Patrimonies and thereby have a more generous Education and derive a more refined Spirit from their Ancestors they can with infinite more Ease enter into publick Employment having none of those sinking (i) Hand facile emergunt quorum virtutibus obstat Res angust a domi weights of Poverty and mean Education which enforce others to use extream Diligence e're they can mount the first half Pace the Gentleman is seated on by that time he leaves his tutors It is true the Priviledges of the Gentry of England properly so called are not so great as in some Countries where they have power of Life and Death over their Servants or are exempted from Taxes and enjoy other Immunities which are denied to the Commons yet they have others as beneficial in that they make up a great share of the Ministerial parts of the Government It is required by God and their Prince that they should so deport themselves as they may be singular (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio lib. 2. Examples to their Tenants and Neighbours of Wisdom Temperance Justice Loyalty and all the System of Vertues and by a generous Hospitality without Debauchery preserve their Interest in the affection of their Neighbors and that the Poor may daily and zealously pray for them being made the Voiders and receiving the Sportula of their plentiful Tables By this way of living they will sow among their Neighbours the Seeds of all useful Vertues and enrich their Countries and be able in time of need to serve their Prince with their numerous Dependants It is for the use of the blooming Gentlemen I write this The more sage and ancient need only such Intimations to refresh their Memories I have made Observations how fatal it hath been to themselves and the whole Kingdom when the Gentry have been seduced to sleight at first and after as they have been wrought upon by Designers to over-awe or overturn the Government and either by Piques among themselves or Aemulations Envies and Discontents have been brought into the Combinations and Conspiracies with those who under the specious Pretences