fide 〈◊〉 quibus Nobis tâ—nâ—mini only which is oft times inserted into the writs to the Temporal Lords and others of the Laity not peculiar only to the Clergy as in homagio ligâ—antia are to the Temporâ—lly The reason whereof I conceive to be groâ—nded on that of Littleton in his Chapter of Homage Sect. 86. If an Abbot or Prior or other man of Religion which extends to all Archbishops Bishops Deâ—n Parsons Prebends and other Ecclesiastical bodies Politick shall do homage to his Lord he shall not say IEO DEVEIGNE VOSTR HOME whence Homage hath its name and derivation as all Temporal Lords and Laymen ought to doe when they do their homage to the King or other Lords because he hath professed himself PUR ESTRE TANT SOLEMENT LE HOME DE DEâ—U But he shall 〈◊〉 say I do Homage unto you and to you I shall be true and faithfull and faith to you bear for the Tenements which I hold of you In which respect Glanvil lib. 9. c. 1 2. Bractonâ— 78. F. Britton cap. 68. 〈◊〉 3â— cap. 16. resolve Sâ—â—endum â—st quod 〈◊〉 liber 〈◊〉 â—asculus quam famina Clericus et Laicus major minor dum tamen electi in Episcopos POST CONSEâ—R ATIONEM HOMAGIUM NON FACIUNT quicquid â—ecerunt anie sed TANTUM FIDELITATEM Conventus aâ—tâ—m HOMAGIUM nec faciet de Iure sicuâ— NEâ— ABBAS NEC PRIOR â—o quod tenent nomine alieno scilicet nomine Ecclesiarum as Sir Ed. Cook likewise observes in his 1. Institutes f. 65. b. So that they doing no homage properly so stiled to the King after their consecrations nor using the words I become your man if we credit Lâ—ttleton in making their homage as the Temporal Lords do Therupon I conjecture the writs of Summons command the Temporal Lords and Laity to appear c. in fide â—t homagio et in â—ide et ligeantia quibus Nobis tenemini but the Prelates Spiritual Lords and other Clergy only in fide et dilectione they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Temporaâ—ties they held of him â—â—xcept only those that hold in Frankalmâ—igne as 29 E. 3. f. 38. a. Littleton Sect. 91 92 93. Sir Edw. Cook in hiâ— 1. Instiâ—utes on these Sections and other Law-books resolve For this I shall produce one memorable Record aâ—â—uring us that all the Archbishops Bishops Abboâ—s Priors and Clergy both in England and Ireland did and of right ought to swear fealty to the King as well as the Temporal Lords and Commons and prescribing Commissioners in Ireland to receive it from them Venerabiii in Christo Patri eâ—dem gratia Midden Episcopo et dilectis et fidelibus suis Mauricio filio Mauricii Justiciario suo Hiberniae et Mgistro Iohanni de Sâ—mford Escheatori suo Hiberniae salutem Cum defuncto jam celebris memoriae Domino Henrico Rege patre nostro cujus animae propicietur Alâ—issimus ad Nos regni Angliae gubernaculum et â—errae Hiberniae Dominium pertineant ob quod PRAELATI Comites et Proceres et Communitas Regni nostri Nobis tanquam Domino suo ligio et Regi FIDELITATIS JURAMENTUM et omnia alia quae Nobis ratione Coronae et Dignitatis Regiae ab ipsis fieri et praestari Nobis in absentia nostra poterun plenariè et sine omissione aliqua prompto et libenti animo PRAESTITERINT AC ARCHIEPISCOPI EPISCOPI ABBATES PRIORES Comites Barones Miâ—ites liberè tenentes ac tota Communitas terrae nostrae HIBERNIAE NOBIS tanquam REGI ET DOMINO SUO â—IGIO CONSIMILE SACRAMENTUM FIDELITATIS PRAESTARE TENEANTUR Dedimus â—obis potestatem recipiendi nomine nostro FIDELITATEM IPSORUM Iâ—a tamen quod si vos omnâ—s interesse ne quiveritis tunc duo velâ—â—us vestrum qui prae ensâ—u rit nihilominus plenaâ—iâ—m hab at potestatem recipiendi nomine nostro FIDELITATEM IPSORUM in forma praedicta Et id o vobi mandamus quod FIDELITATEM PRAEDICTAM nomine nostro recipiatis prout melius videbiâ—is expedire In cujus c. 〈…〉 Westm. 7 die Sept. Aâ—n 1 Eâ— 1. Hence I finde this IURAMENTVM EPISCOPORVM in Tâ—ttles Magna Charta printed London 1556. f. 164. b. being nothiâ—g else but the form of the Oâ—th of Fealty which the Bishops took to our Kings before they received their Temporalties out of their hands being the same in substance which the King of Sâ—ots anâ— his Temporaâ— Lords and English Barons and Laymen usually made to King Edward the 1. and his Successors conâ—inued 〈◊〉 these later times Ieo serra soâ—all et loyall et â—oy et loâ—altie porâ—â—ray AV ROY A SES Hâ—IRES ROYS DE ANGLITERRE de vie et de membres et de terrene honour contre toutâ— gentz qui pâ—yent vivre et mounir Et loyaâ—ment monstray et loyalment ferray les services qui appendent a la temporaltie de Levesque de M. la quelle â—eo claimor de tenir de vousâ— et laâ—quelle voâ—us me rendes Si moy ayde Dieu et ses Saints This Oath of Feâ—lty as Sir Edward Cook and others affirm was first invented and generally prescribed to all persons above 12 years of age by our famous British King Arthur who by vertue thereof ex pulit SARACENOS et Inimices â—egno But this certainly is a meer fable and gross mistake which I admire Mr. Lambard and Sir Edward Cook observed not for the Saxacens never invaded England in any age neither were they expelled the Realm by King Arthur but the Saxons who had then and formerly possessed themselves of a great part of Britain were vanquished and expelled by him in the years of grace 518 520 522 as Matt. Westminster Geoffry Manmouth Tho. Walsingham and other of our Historians relate yet not by vertue of this Oath which no Historian mentionâ— but of his arms and 〈◊〉 this Oath as I concâ—ive being rath â—râ—invented by our Saxon Kings than Kiâ—g Arthur and first prescribed by this Law of King Edmund son of Adelstan made at Culinton by advice of his Bishops and wise men about the year 944. Lex 1. Ut omnes jurent in nomine Domini c. FIDELII ATEM Edmundo Reg. SICVT HOMO DEBET ESSE FIDELIS DOMINO SUO sine omni controversia et seditione in manifesto et occulto c. Et quod ANTEQVAM IURAMENTUM HOC DABITUR ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo This Oath thus instituted was backed by the Laws of Edw. the Confessor of Will the Conq. Lex 78 79. published by Mr. Selden in whose reign all Bishops before their Consecrations did Homage to the K. as well as Fealty for their Temporalties Which though Archbishop Anselm opposed yet at last it was agreed between King Henry the first and him by assent of the Bâ—shops Abbots Lords and Great men in a Parliamentary
et inde percipiet omnes reditus et exitus sicut Dominicos reditus suos Et cum ventum fuerit ad consulendum Ecclesiam debet Dominus Rex mandare poâ—iores personas Ecclesiae et in Capella ipsius Regis debet fieri electio assensu ipsius Regis et Concilio personarum regni quas ad haec faciendum advocaverit et IBIDEM FACIET ELECTUS HOMAGIVM FIDELITATEM REGI SICVT LIGIO DO MINO SVO de vita sua et de membris et de honore terreno salvo ordine suo priusquam consecretur Indeed Angelus de Clavasio in his Summa Angelica Tit. Homagium and other Canonists hold it to be Symonie and unlawfull prore ' spirituali puia Beneficio Ecclesiastico HOMAGIUM EXIGERE But our Lawes resolve it an antient Legal duty and Service Of which see more in Spelmanni Glossarium Tit. Fidelitas Homagium in William Somners Glossarium Tit. Homagium and in Bracton Britton and Fleta 4. That this clause in the writs to the Temporal Lords in fide homagio implies they were all or most Barons by tenure And whereas Sir Ed. Cook and Sir Henry Spelman assert That of antient time the temporal Lords were commanded by the Kings writ thus to appear In fide et homagio quibus Nobis tenemini and in the reign of Edward 3. in fide et ligeantia and sometimes in fide et homagio but at this day constantly in fide et ligeantia because at this day there are no feudal Baronies in respect whereof Homage is to be done which in 21 E. 3. was the true cause of this alteration If this observation of theirs That in fide et homagio feodales propriè respiciat Barones denoting only such Barons who were Barons by tenure or Barony for which they did their Homage and swore Fealty and Allegiance to the King then this is a most convincing argument that all the Lords and Barons summoned before 11 E. 3. were Barons only by tenure not by writ alone because they were all regularly summoned to appear in fide et homagio not in fide et ligeantia 2ly It is a clear mistake that this alteration of homagio into ligeantia was made in 21 E 3. for it was not till 25 E. 3. pars 1. dors 5. in fide et homagio being used both in the writs of 21 22 23 24 E. 3. 3ly The reason of this alteration could not be this they rendâ—r because all or most of the Lords and Barons then summoned did not hold of the King by Barony but were Barons only by writ not tenure First because all the writs to the Prince of Wales â—and Earls then summoned who held of the King by Homage and Barony issued in this form in fide et ligeantia to them as well as to the inferiour Lords and Barons 2ly Because the self-same Prince Earls Lords summoned in this form in 25 E. 3. in the very next years of 26 E. 3. d. 14. and 27 E. 3. d. 12. were twice summoned again iâ— fide homagio et ligeantia quibus Nobis tenemini and 28 E. 3. d. 26. in fide et homagio after in 29 E. 3. d. 8. 7. 31 E. 3. d. 21. 1. they are summoned in fide et ligeantia but yet in 32 E. 3. d. 14. 36 E. 3. d. 16. 37 E. 3. d. 22. 38 E. 3. d. 3. 39 E. 3. d. 2. 42 E. 3. d. 22. 43 E. 3. d. 24. 46 E. 3. d. 9. all the writs to the Prince Earls Lords and Barons run again in fide et homagio only and some between and after them in fide et ligeantia only though issued to the self-same persons or their heirs Therefore ligeantia in these and subsequent writs is put only as a Synonima signifying only Homagium as the coupling them together in two writs in fide homagio et ligeantia and the placing of Homagio thus interchangeably for ligeantia and ligeancia for homagio evidence beyond contradiction The rather because there is the highest promise and bond of Allegiance expressed in the very words and form of homage done to the King as the words I become your man from this day forwards of life and member and of earthly worship and unto you shall be true and faithfull and bear you faith and this clause saving the faith that I owe unto our Soveraign Lord the King when done to a common person import and Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Sir Edward Cook in his 1 Institutes on Littletons Chapter of Homage Sir Hen. Spelman and Somner in their Glossaries Tit. Homagium Fidelitas at large demonstrate Therefore homage may be properly stiled ligeantia and be put in lien of homagio as doubtless it is in all those writs that use it 3ly I find sundry Homages for Dutchies Earldoms and Baronies done to our Kings by the Duke of Aquitain the Dâ—ke of Hereford Henry Percy the Duke of Norfolk and other Peers who were then and afterwards summoned in fide et ligeantia not homagio and I doubt Sir Edward Cooke and those of his opinion can hardly name any Dukes Earls Vicounts Lords or Barons summoned to Parliament under Henry the 3. R. 2. H. 4 5 9. or E. 4. who was not a Lord by Tenure or Barony as well as by Patent or a special writ of creation the very names of their Baronies as Sir Edward Cooke and Mr. Selden inform us being usually expressed in all later writs of Summonâ— Therefore this their conjecture of altering the writs from homagio to ligeantia because they held not by homage must needs be erronious and groundless in my judgemenâ— and the assertions of such who hold that the Kings bare general writs of summons issued to those who held not by Barony did create them and their issues Barons if they sate in Parliament without any special creation by some Clauses in the writs or by Paâ—ent grounded on this mistake must vanish into smoke else that Clause of creation in the writ to Sir Henry Bromfleet Cl. 27 H. 6. d. 24. would have been both superfluous and ridiculous 5ly That this clause in fide et homagio or in fide ligeantia quibus Nobis tenemini is sometimes omitted out of the writs of Summons to the Prince of Wales and other times inserted into them 6ly That the Prince of Wales in the writs of Summons and adjournment is sometimes stiled Princeps Walliae only sometimes Princeps Aquitaniae et Walliae other times Princeps Walliae Dux Cornubiae et Comes Câ—striae when all these titles were conferred on him by the King 7ly That in the writs issued to Dukes Earls and Temporal Lords of the Kings Progeny royal bloud and alliance they are usually stiled Carissimo filio nostro Fratri Regis Fratri nostro Avunculo Regis Avunculo nostro Nepoti nostro Consanguineo nostro c. and the other Earls and Temporal Lords
BARO de Kiderminster After which in the summons of 27 H. 6. till 12 E. 4. one of his posterity was summoned by the stile of Iohn Beauchamp Miles DOMINUS DE BEAUCHAMP without the Title of BARO de Kiderminster expressed in any of the Rolls For the various significations of the word Baro and the several kinds or degrees of Barons you may at leisure consult Bartholomeus Cassanaeus his Catalogus Gloriae mundi pars 8. Consid. 15. Calvini Lexicon Juridicum tit Baro Sir Henry Spelmans Glossarium De Baronibus Diatribe William Somners Glossarium tit Baro Baronia and Mr. Seldens Titles of Honour part 2. ch 5. sect 51 52 ch 2. sect 4 5 6 7 8. ch 1. sect 21 22. ch 4. sect 6 7. ch 5. sect 5. ch 6. sect 2. ch 7. sect 2. and the several Authors there quoted 29. That I finde no president of any person created a Baron by special writ but only one whereby Henry Bromfleet Knight and the heir males of his body were created Barons of Vescy by this writ entred after the Names of the Temporal Lords in the summons of Claus. 27 H. 6. m. 26. dorso Rex dilecto et fidelissimo Henrico Bromsâ—eet Miliâ—i salutem Cum c. ut supra usque ibi Tractatum et tum sic Vobis in fide et ligeantia quibus Nobis tenemini c. ut supra nullatenus omittatis Volumus enim VOS HAEREDES VESTROS MASCULOS de corpore vestro legitimè exeuntes BARONES DE VESCEY EXISTERE T. â—ege apud Westm. vicesimo quarto die Januarii of a different date from that in the other summons This special writ and clause of creation had been meerly void and nugatory had the general writ alone ennobled him and his Posteritie and them Lords and Barons of Parliament Yet notwiâ—hstanding this special writ creating him BARON of Vescy it is observable that in all the subsequent writs of summons of 28 29 31 33 38 H. 6. nd 1 3 7 E 4. he is alwaies stiled DOMINUS but never BARO de VESCY in any one List or Roll. I find in the Cl. Rolls of 49 H. 3. 23 E. 1. 6. 7. 8 E. 2. Iohn de Vescy first and after him William de Vescy summoned amongst other temporal Lords By which it is evident that there were Lords and Barons of Vescy though not so stiled in the Rolls under these 3. Kings who were summoned to Parliaments But after the summons of 8 E. 2. there is no mention of them in any Rolls the Barony escheating for want of issue male or by attainder as is probable till Sir Henry Bromfleet and his issuâ— males were created Barons thereof by the premised writ A sufficient evidence thâ—t no general writ of summons created any Gentlemen who were summoned to Parliaments Barons unless they held Lands by Barony and were Barons by Tenure there being no Clause or words in the general ordinary writs of Summons creating any persons summoned Earls Lords or Barons or giving them these Titles unless they were Earls Lords and Barons by Patent or Tenure before their Summons the writs fliâ—ing them onely such as they were when issued to them and conferring no new Dignity or Title on them as I have 1 elswhere proved at large 30. That the most ordinary writs of Summons boâ—h to the Spiritual and Temporal Lords Sherifs and others use only the words Magnates or Proceres Magna ibus Proceribus jointly or one of them alone without the other to expresse the Temporal Lords and Nobles without the word Barones or Baronibus which very rarely occurâ— in any writs except only in the wâ—its to the Sherifs Câ—aus 24 E. 3. d. 7. and the writs of Cl. 28 E. 1. d. 3. Claus. 5 E. 3. d. 25. 12 E. 3. pars 2. d. 32. wherein the word BARONES is mentioned in some of them and this Clause Cum Comitibus BARONIBUS caeteris Proceribus or Magnatibus Regni nostri used in others of them upon extraordinary occasions buâ— in no writs besides to my best remembrance which run usually Cum Praelatis et caeteris Proceribus or Magnatibus or Proceribus et Magnatibus dicti regni tractaturi vestrumque Consilium impensuri without the word BARONIBUS Which being not so much as once mentioned in these ordinary but only in 2. or 3. extraordinary writs it is most evident to all that the issuing of such writs to any Knights Esquires or Gentlemen to summon them to Parliaments can neither create nor constitute them Barons by writ because they neither stile them nor any of the Lords and Nobles but those two forementioned â—arons nor use the word BARO at all but only Proceres or Magnates 31. It is evident by all these writs That the antient temporal Earls Lords Barons are most essential necessary constitutive Members of our English Parliaments and Great Councils to which they alwaies were and ought of right to be summoned and that no Parliament may or ought to be summoned or held without them since both the writs to themselves as likewise to the Archbishops Bishops Abbots Priors Sherifs of Counties and Particular Cities and Corporations which are Counties within themselves the Wardens of the Cinque Ports Justices and other Assistants in the bodies and essential parts of them at least once twice or more frequently thus recite Quia c. ordinayimus quoddam Parliamentum apud Weâ—â—m c. CUM PROCERIBUS or MAGNATIBUS or MAGNATIBUS ET PROCERIBUS dicti regni nostri tenere c. personaliter intersitis Nobiscum et cum caeteris or cum PROCERIBUS MAGNATIBUS or MAGNATIBUS PROCERIBUS praedictis super dictis negoâ—iis tractaturi vestrumque Consilium impensuri Which I having more largely evidenced in my Plea for the Lords and House of Peers shall here no further insist on 32. That sometimes the King summoned some particular Bishops and Lords to treat with him about publike businesses by writ much like to a summons to Parliament without summoning other Lords for which take this president in lieu of more Cl. 6 E. 2. d. 5. Rex venerabili in Christo Patri eadem gratia Bathon et Wellen. Episcopo salutem Quia pro diversis arduis negotiis Nos et terram Vasconiae tangentibus in brevie ad partes Franciae concedente Domino sumus profecturi ac vobiscum super aliquibus quae Nos tangunt ante passagium nostruÌ„ ad partes praedictas habere volumus Colloquium et tractatum Vobis mandamus in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis sitis ad Nos apud Cant. die Jovis prox ante festum Ascensionis Domini prox futur super praemissis Nobiscum tractaturi Et hoc sicut Nos et honorem nostrum diligitis et indignationem nostram vitare volueritis nullatenus omittatis T. Rege apud Westm. 3. die Maii. Consim Breve dirigitur Dom. H. Wynton Episcopo The like Episcopo
Kings Counsil summoned to Parliaments and Great Councils by the precedent writs were sometimes very many in number somtimes very few and alwaies more or less at the Kings meer pleasure In the first writ and list of summons extant they were no less than 40 in some others above 30 in most under 20 usually in later times but 10 11 12 13 or 14 sometimes but 4 5 6 or 7 once or twice but one Sometimes most of them were Deans Archdeacons and other Clerks or Clergymen who had alwaies the Title MAGISTRO praefixed to their names both in the writs and lists of their names other times the major number were Justices Laymen and but two or three Clerks In later times the Clergymen were wholly omitted or very rarely inserted and that when they were Treasurers or Temporal Officers to the King An unanswerable apparent Argument and demonstraon that they were no essential Members of our Parliaments or Great Councills since the King might thus summon more or fewer of them or which of them he thought fittest and omit all or any or as many of them as he would at his pleasure out of the summons 4ly That in all lists of Summons of this kinde the Kings Chief Justices and other Justices of his Courts at Westm and Chief Baron were constantly summoned in more or less numbers and the Kings Serjeants very frequently yea the writs of Summons entred in the Rolls were for the most part issued to the Kings Chief Justice because there was most use of the Justices and learned Lawyers advice and counsel in Parliaments in all matters of Law there debated inâ—writs of Error there pending in the penning of New and altering explaining or repealing of former Statutes in Pleas of the Crown and other cases criminal or civil heard and determined in Parliaments than there was of inferiour Clergymen of the Counsil the Archbishops Bishops Abbots Priors and Spiritual Lords there present as Members being sufficiently able to advise the King and Temporal Lords in all Ecclesiastical matters there debated or treated of especially when assisted with the Clerks of the Convocation usually summoned without any Clergymen of the Kings Counsil 5ly That by the King and his Counsil Vs and Our Counsil Vs and the rest of our Counsil aliis ac caeteris de Consilio nostro in the precedent and other writs in the Clause Rols the Rolls of Parliament the afetrcited Statutes and other Acts of Parliament the Kings Justices and others summoned to Parliaments and Great Councils as his Counsil not as Spiritual or Temporal Lords are properly meant and intended not the Lords of the Kings Privy or continual Council nor yet the Lords in Parliament or Parliament it self the Parliament in the writs of Summons to the Bishops in the Clause of Praemunientes Decanum Capitulum Archidiaconos totumque Clerum vestrae Dioc c. and in the writs to the Sheriffs Wardens of the Cinqueports being usually stiled Commune Consilium Regni nostri as the Clause Ad consentiendum hiis quae tunc ihidem de Communi Consilio regni nostri contigerit ordinari inserted into the last part of these Writs informes us And so is it stiled in the writ prescribed by the Statute De non ponendis in Assisâ—s Anno 21 E. 1. in other Writs grounded upon Acts of Parliament in the Register of Writs and Natura Brevium Or the Kings Common or General Council as in the Stat of Vouchers 18 E. 1. in the Statutes of Wast de Defensione Iuris An 20 E 1. and other printed Acts and long before this in Pat. 1 Joh Râ— m. 3 n. 3. Pat. 1 H 3. m. 3. Pat. 3 H 3. ps 2. m. 6. and sundry other writs and Patents in his reign 6ly That although Sir Edward Cooke and others make this the chief or sole distinguishing Claâ—se or proprium quarto modo between the writs of Summons to the Lords and Members of the Lords House and Assistants that the one are always summoned quod in propria persona intersitis Nobiscum ac cum dictis or caeteris Praelatis Magnatibus et Proceribus dicti regni nostri super dictis negotiis tractaturi vestrumque consilium impensuri The others only summoned quod personaliter intersitis Nobiscnm et cum caeteris de Consilio nostro super dictis negotiis tractaturi vestrumque consilium impensuri Yet this is not a general truth For 1. in sundry forecited writs to the Kings Counsil Justices and Assistants this clause Et cum caeteris de Consilio nostro c. is totally omitted though it be in most of them and intersitis Nobiscum only or intersitis Nobiscum et cum dictis Praelatis Magnatibus et Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri without any cum caeteris de Consilio nostro inserted in lieu thereof yet with this distinction not formerly observed by any to my knowledge that in the writs to the Spiritual and Temporal Lords the words alwayes run thus in the first Clause of the writs Vobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus dicti Regni nostri to a Spiritual Lord and Vobiscum cum Praelatis ac CAETERIS Magnatibus et Proceribus c to a Temporal Lord and thus in the mandatory part dictis die et lâ—co personaliter intersitis Nobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus if to a Prelate and if to a Temporal Lord Nobiscum ac cum Praelatis et CAETERIS Magnatibus et Proceribus Praedictis super dictis negotiis tractaturi c. the word Caeteris is alwaies omitted in the writs to the Justices and other Assistants of the Counsil in both these clauses because they are no Spiritual nor Temporal Lords of Parliament nor summoned as such and cum Praelatis Magnatibus Proceribus without caeteris being only used in their writs both where cum caeteris de Consilio nostro is inserted into their writs after the word Proceribus or elsewhere and where it is totally omitted So that the omission of the word caeteris in this place and manner in all writs to the Justices and other Assistants and the inserting it as aforesaid into the writs of the Spiritual and Temporal Lords is the principal distinguishing word that puts a difference between them not this Clause alone Nobiscum cum aliis de Consilio nostro twice inserted into the writs of Prorogation and Resummons both to the Temporal and Spiritual Lords as well as to the Justices and Assistants Claus 33 E. 1. d. 9 10. which I shall recite at large in its due Section 7ly That in the writs of Summons to the Kings Counsil they are never licensed to appear by Proxies or Attorneys as the Spiritual and Temporal Lords sometimes are but in proper person alone 8ly That such of them who were Deans Archdeacons or Clergymen have alwaies the Title MAGITRO prefixed to their names both in
moved the King to shew mercy to them were put to several fines The 2. is in the Placita coâ—amâ—ipso Rege Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. the Archbishop of Yorkes case Johannes Archiepiscopus Eborum attachiâ—tus fuit ad respondendum Damino Regi de plaâ—iâ—o quare cum placita de Imprisonamento et aliis Transgressionibus in regno Regiâ— contra pacem Regis factis ad Regem coronam et dignitatem suam specialiter pertineant Idem Archiepiscopus per Johannem Priorem de Bolton in Cravene Commissarium suum in venerabilem Patrem Antonium Episcopum Dunolm dum nuper in partibus Borialibns in obsequio Regis juxta laâ—us suum per praeceptum ipsius Regis sub protectione extitit pro eo quod Ballivi esusdem Episcopi Willielmum de Wrleton 〈◊〉 Johannem Roman apud Dâ—nolm inventos ceporunt et imprisonaverâ—nt Excommunicationis sententiâ—m in Regis contemptum et Coronae dignitatis suae laesionem contra reverentiam Regis in hac parte debitam in dispectum ipsius Regis viginti Mille librarum fecit fulminari et illam Excommunicationem demandari Propter quod idem Rex taâ—um contemptum tantum irreverenti 〈◊〉 sibi illatamâ—ransire impunitam sustinere non valens maxime cum tam ipse Rex quam praellictus Episcopus quanium in ipso suit praefato Willielmo Johanni de imprisonamento praedicto celeris justitiae complementum juxta regni consueâ—udinem semper fuerunt parati exhibere c. After the Archbishops Plea thereto and a long debate of the business in Parliament Videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Iusticiariis similiter toti Consilio ipsius Domini Regis quod praedictus Archiepiscopus quantum in ipso fuit nitebaâ—ur occupare usurpare super Coronam Regiam et Dignitatem in casuâ—isto deliberationes imprisonatorum contra legem et consuetudinem regni et Contra â—â—dem in qua idem Archiepiscopus Domino Regiet Coronae suae astringitur ad exhaeredationem Doâ—â—ni Regis et haeredum suorum manifestam Propter quod per Comites Barones et Iusticiarios et dinnes alios de Constlio ipsius Domini Regis concordatum est quod praedictus Archiepiscopus committatur prisonae pro offensa transgressione praedictis Et super hoc ante Iudicium pronunnciatum licet unanimiter de consilio praedictorum Magnatum et aliorum concordatum fuisset tenendum in hoc casu et similiter in casibus consimilibus imperpetuum praedictus Archiepiscopus Maguates et alios de Consilio ipstus Domini Regis rogavit quod pro eo Dominum Regem requirerent ut Ante Pronuntiationem Judicit ipsum ad gratiam suam admitteret Et Dominus Rex ad instantiam eorundem Magnatum de gratia sua speciali hoc idem ipso Archiepiscopo concessit Et idem Archiepiscopus humiliter supplicavit quod possit de omnibus praemissis alto basso Voluntati Domini Regis se submittere Which the King assenting to at the Lords request Dictum est eidem Archiepiscopo sub gravi forisfactura quod non recedat à Parliamento isto â—onec super praemissis Domini Regis audivit voluntatem Postea venit praedictus Archiepiscopus et fecit finem Domino Regi pro Transgressione praedicta pro quatuor millibus marcarum per scriptum suum obligatorium 5 others being bound with him for due payment thereof to the King It is observable that in all these Pleas Proceedings Judgments there is no mention at all of the Knights Citizens Burgesses or Commons in Parliament no sharâ—rs in them but only of the King Archbishops Bishops Earles Barons Justices and Kings Counsell 4ly The power of the Kings Counsell and Judges in Parliament is evident by sundry Prefaces to and passages in our printed Acts of Parliament as namely by the preface of the printed Statute of Bigamie 4. Octoâ— An. 4. Ed. 1. In the presence of certain Reverend Fathers Bishops of England and OTHERS OF THE KINGS COVNSELL the Constitutions underwritten were recited after heard and published before the King and HIS COVNSELL forasmuch as ALL THE KINGS COVNSELL AS WELL IVSTICES AS OTHERS DID AGREE that they should be put in writing for a perpetual memory and that they should be stedfastly observed c. By the exposition of the Statute of Gloucester An. 6. E. 1. made by the King and HIS IVSTICES By the Statute of Morâ—main An. 7. E. 1. which recites Wee by the advice of our Prelates Lords Barons and other our Subjects BEING OF OVR COVNSELL have provided made and ordained c. By the Statute of Acton Bnrnell 13. E. 2. Forasmuch as Merchants c. The King for himself and BY HIS COVNSELL hath ordained and established c. The Prologue to the Statute of Wesâ—m 2. An. 13. E 1. Whereas of late our Lord the King the 6. year of his reigne calling together the Earles Prelates Barons and HIS COVNCELL at Glocester c. so as there were writs of summons then issued to them all though not entred in the Clause Rolls of 6. Ed. 1. nor any other now extant By the Statute of Merchants An. 13. E. 1. The King and HIS COVNSELL at his Parliament holden at Acton Burnell the 11. year of his reigne â—ath Ordained establishments thereupon for the remedy of such Merchants which Ordinances and establishments the King commandeth that they shall be firmly kept throughout the Realme By the Statute of Wast Anno 20. E. 1. Other Instices with the more part OF THE KINGS COVNSELL were of the contrary opinion c. Wherefore our Lord the King in his full Parliament in the 20th year of his reigne by A GENERALL COVNSELL hath ordained c. Articuli super Chartas An. 28. E. 1. c. 2. Neverthelesse the King and HIS COVNSELL do not intend by reason of this estatute to diminish the Kings Right for the ancient Prises due and accustomed And ch 20. Notwithstanding all these things c. both the King and HIS COUNSELL and all they that were present at the making of this Ordinance will and intend that the right and prerogative of his Crown shall be saved to him in all things The Statute for Escheators Anno 29. E. 1. At the Parliament of our sovereign Lord the King By his Counsell it was agreed and also commanded by the King himself c. according to advice of c. Treasurer to the King Chancellor and other of the Counsell there present before the King c. By the New Statute of Quo Warranto 30 E. 1. Cum nuper in Parliamento nostro aâ—uâ— Westm. per Nos et Consilium nostrum provisum sic et Proclamatum quod Praelati Comites Barones alii c. By the Ordinance for Inquests 33. E. 1. It is agreed and ordained by the King aud all his Counsell c. By Ordinatio pro statu Hyberniae An.
Neubrigeusis Simeon Richardus Hagustaldensis Radulphus de Diceto Roger VVendover Thomas Spotte Gervasius Doroberniensis Tilburiensis VVillielmus Stephanides Gualterus Mapes Gualterus Coventriensis Richardus Heliensis Thomas Stubs Petrus Henâ—am nor yet Glanvill Bracton Andrew Horn and other Lawyers flourishing under H. the 2. and 3. do once use or apply this word Parliamentum to any one Grand parliamentary Council which they alwayes call by other Names for ought I can yet discover upon my best search and inquiry The very first of all our Writers or Historians in my Observation who made use of this word and applyed it to the Common Councils of our Realm is Matthew Paris flourishing about the midsts and dying before the end of King Henry the 3d. Anno. 1259. the 43. of his Reign He in his Historia Angliae from the beginning of the Conquerors Reign till the year 1246. the 30th of Henry the 3d. alwayes made use of the words Concilium Concilium magnum Colloquium Tractatus and the like to expresse all Parliamentary Great Councils and State Assemblies held in England near the space of 200. years before he Writ and never of Parliamentum But in Anno gratiae 1246. and 1247. and in no other years before or after he useth this word five or six times only in these insuing passages Anno 1246. Convenit ad Parliamentum Generalissimum totius Regni Angliae totalis Nobilitas Londini c Over against which the Publisher not he adds in the Margin Parliamentum habitum Londini After which he subjoynes Convenientibus igitur ad Parliamentum mâ—moratum totius Regni Magnatibus Then followes Et postea in Anglia in Parliamento Regis ubi congregata fuerat totius Regni tam Cleri quam Militiae Generalis Vniversitas deliberatum c. Yet in the very next page he returns to his old term again Die vero translationis Thomae Martyris habitum est magnum Concilium inter Regem Regni Magnates apud VVintoniam Over against which his continuer or publisher hath placed this marginal Note Parliamentum habitum apud VVinton The like he doth in p. 560. 561 687 714. and elsewere inserting in the Margin Parliamentum Generale c. When as Matthew Paris useth it not but Concilium only or the like in his Text. In his History of the next yeer 1â—47 He proceeds thus Dominus Rex Francorum Regni sui Nobiles tam Cleri quam Populi generaliter Edicto Regio fecit convocari ut Ad Parliamentum communiter convenientes ardu negocia Regni sui statum contingentia diligenter deliberando contrectarent And Five pages after Dominus Rex H. 3. jussit omnem totius Regni Nobilitatem convocari c. Oxoniis Praelatosautem maxime Ad hoc Parliamentum vocavit arctius Applying the word Parliamentum to these Assemblies of the King Lords and Nobles both in France and England held this year about the weighty affairs of their respective Kingdoms In his Additamenta to the last Addition of his History printed at London p. 170. he useth the word Parliamentum only once and that in another sense For the conference and discourse of Monkes with one another after their repasts then prohibited the black Monkes by special Order as an impediment to their contemplations and prayers In no places else of his History or other printed pieces do I find he made use of this word Indeed the continuer of his History from the yeer 1258. to the end of King Henries Reign 1273. whom Iohn Bale informâ— us to be VVilliam Rishanger flourishing under King Edward the 1. 2. when this word Parliamentum grew coÌ„mon both in Writs of Sommons Statutes vulgar Speech makes frequent use thereof in his History applying it to great Councils of the Realm in the latter end of Henry the 3d. both in the Text and Margin as in Page 788 933. 935. 938. 940. 948. 960. 967. 974. of his continuation Editione Tiguri 1589 and so doth Matthew Westminster who continued the History of Matthew Paris flourishing under the Reign of King Edward the third when this word Parliamentum was commonly used in all Writs of Summons Statutes Writers and Vulgar speech makes frequent use thereof applying it to the Great Councils of State towards the latter end of King Henry the third in his Flores Historiarum Londini 1570. pars 2. p. 206 207 223 254. 261. 280 296 300 317 345. and in subsequent Pages to the Parliaments held under King Edward the first Henry de Knyghton a Canon of Leicester flourishing under King Richard the 2. de Eventibus Angliae l. 1. c. 3. l. 2. c. 10 12 15. Col. 2318 2387 3446 2455. applies this word to the Great Councils held under the Danish and other Kings before the Reign of Edward the 1. Canutus vixit per 20. annos postea celebravit Parliamentum apud Oxoniam c. Ranulfus Consul Cestriae cum Rege Stephano concordatus est Set tito post in Parliamento apud Northamptoniam delose captus est c. Anno 1261. Rex Hen. 3. convocato Parliamento suo Oxoniae questionem movit Magnatibus suis. Tenuit Rex H. 3. Parliamentum suum apud Merleberg Anno Regni sui 52. ad exhibitionem communis justitiae multa fecit statuta quae dicuntur statuta de Marleberg The Author of the Chronicle of Brompton who writ after the beginning of King Edward the 3. doth the like in these passages according to the language of the age wherein hee writ Edgarvis Rex Parliamentum suum apud Salisbiriam convocavit Post haec Canutus apud Oxoniam Parliamentum tâ—nuit c. cito post in Parliamento suo apud Wintoniam Rex Edwardus Confessor omnes Magnates ad Parliamentum tunc fuerunt Anno 1164. Rex Henricus 2. Parliamentum apud Westâ—inst tenuit Rex Angliae Richardus 1. congregatus Episcopis Comitibus Baronibus Regni sui Parliamentum Londoniae super hoc habuit Tractatum Rex Johannes Parliamentum suum usque Lincolniam convocaverat So doth Radulphus Cicestrensis Thomas of Walâ—â—ngham who writ under K. Henry the 6. and after them Fabian Caxton Polydor Virgil Grafton Speed Stow Holinshed Daniel Baker and other of our late Historians Whereupon their injudicious credulous Readers of all sorts conceit not onely the words Parliamentum Parliament but even the thing it self as since constituted of Knights Citizens and Burgesses as well as of the King spiritual and temporal Lords Nobles Barons and Great Men to have been in common use both under our Saxon Danish Norman and English Kings long before the Reign or 49. year of King Henry the 3. when as neither the name nor thing it self as now compacted was either known to or used by any Aniquaries Councils Records Historians or English Writers before Mat. Paris that I have yet seen or heard of From whence to omit other Arguments with the Writs de Expensis Militum
The FIRST PART of a Brief Register Kalendar and Survey of the several Kinds Forms of all Parliamentary VVrits COMPRISING In 3. Sections all Writs Forms of Summons to Great Councils Parliaments Convocations in the Tower from the 5th of King Iohn 1203 till 23 Edw. 4. 1483 to all sorts of Spiritual and Temporal Lords Great-men Members of and the Kings Counsil Assistants to THE HOUSE OF LORDS With other Rare Writs and 4. Exact Alphabetical Chronological Tables 1. Of all Abbols Priors Masters of Orders Clergy-men except Bishops 2. Of all Dukes Earls Forreign Kings Marquesses Princes of Wales 3 Of all Lay Barons Lords Vicounts Great men 4. Of all the Kings Counsil Justices Clerks or other Officers with the several numbers of each of them and of Bishops summoned to every Council Parliament and the Years Rolls Dorses in every Kings reign wherein their names are recorded Illustrated with choice usefull Annotations Observations concerning these Writs differences alterations entries in the Clause Rolls the Stiles Titles Additions of Patriarcha Cardinalis Electus Confirmatus Magister c. given in them to Spiritual of Baro Miles Dominus c. to Temporal Lords with their Baronies Fealty Homage Oaths right of Session Iudicature The Clergies forms of Procurations Exemption from Taxes by the Laity Our Kings Prerogative to call prorogue dissolve Parliaments hold them by a Custos Regni or Commissioners by Patents here cited to create Peers Barons by Patent special not general Writs here registred to summon extraordinary Members Assistants Their propriety in Parliaments dissolved by their deaths The Power of their Counsil in and out of them The Constitution Jurisdiction Proceedings Privileges Ends Duties of English Parliaments Lords Commons Their inconsistence with armed guards seclusion of Members by force oathes menaces and with Scotish or Irish Intruders Their late differences from Councils Parliamentum when first used in Writs Acts Histories c. With other particulars Publishing more Rarities rectifying more Errors in vulgar Writers touching our Parliaments than any former Treatises of this Subject By WILLIAM PRYNNE Esq a Bencher of Lincolnes Inne Mercurius Trismegistus In unaquaque arte tanta ducimur caecitatis caligine ut maxima part eorum quae scimus sit minima pars eorum quae ignoramus LONDON Printed for the Author and sold by Edward Thomas in Little Britain and Henry Brome in Ivy Lane 1659. To the Ingenuous Readers especicially those of the Long Robe and more Noble or Generous English Extraction THere are 5. grand Defects of very publike concernment highly tending if not to the dishonor yet certainly to the great disservice prejudice of our Kingdom Parliaments great Officers of State Nobility Gentry Nation and more especially of the Professors and Profession of the municipall Laws which I have for many years last past not only much admired at and exceedingly deplored but also used my best endeavors to get supplied so farr as there was â—ny probability to effect it The 1. is the irreparable losse of all the Parliament â—olls during the Reigns of our antientâ—â—t Kings from William the 1. till 5 E. 2. â— the first Roll of that kind now extant and of many other of those Rolls since during the Reigns of Edw. 2. and 3. with the not publishing in Print those Parliamentary Rolls and Records yet extant by publike Order for the benefit of Posterity to prevent their suppression destruction Embezelling by fire warr casualties tâ—e negligence or present malice of some Iesuitical Furies or illitâ—rate Animals instigated thereunto by Hugh Peters his misintituled Pamphlet Good work for a good Magistrate printed 1651. p. 96. Where after his proposal of a short new Modell for the Law he subjoyns This being done Iâ— IS VERY ADVISABLE TO BURN ALL THE OLD RECORDS YEA EVEN THOSE IN THE TOWER THE MONVMENTS OF TYRANNY Which desperate bedlam advise of his I have elsewhere at large refuted as most pernicious to the publike and to all Corporations and Landed men The 2. is the great want of an Exact Collection out of the Clause Parliament and Statu'e Rolls of all Statutes Ordinances and Acts of Parliament made before the use of Printing them immediately after the Parliaments conclusion or during their Sessions came in fashion all our Statutes at large and the Abridgments of them even Ferdinando Pultons of Lincolns Inne Esq. the best most refined having sundry Spurious Impostures printed in them under the Titles of Acts Statutes and Ordinances of Parliament which in verâ—ty are neither of them but only particular Writs or Instuctions of the King to the Iustices and other Officers by advise of his Counâ—l out of Parliament Such are the Stâ—tutes De circumspecte agatis said to be made in 13. E. 1. resolved to be no Statute but made by the Prelates alone M. 19. E. 3. Fitz. Jur. 28. The Statutes of Protections Champerty and Conspirators in 33 E. 1. De conjunctim feoffatis in 34 E. 1. Ne rector prosternat arbores in caemiterio in 35 E. 1. The Statute for Knights 1 E. 2. of Gavelet 10 E. 2. with sundry others as the very form words penning of them demonstrate being transcribed only out of the Clause or Patents not Parliament or Statute Rolls Besides these there are some forged Acts and Statutes printed in these Statute Books not extant in the Statute Rolls that remain intire yea there are sundry misprisions in printed Statutes varying both in form substance from the Statute Rolls wherein they are recorded omitting some material words and clauses adding and altering others most of the publishers of our Statutes taking them upon meer trust as they found them transcribed by others but never examining them by the Statute Rolls Original Records as is most apparent by their mistakes of the very times and dates of some Statutes by their printing others of them without any date as made during the reign of King H. 3. Ed. the 1. or 2. BUTUNCERTAIN WHEN ORIN WHICH OF THEIR TIMES by the manifold variances between their Printed Books and the Statute Rolls of which I have given you a particular account in my Table to the Eâ—act Abridgement of the Records in the Tower the Compiler whereof was mistaken in this That the Statute of 2 R. 2. c. 5. touching tellers of News or Lyes of Noblemen or Counsellors is not in the Record nor any mention thereof it being recorded at large in French in the Statute Roll of the first Parliament that year wherein it is printed though not in the second as I can attest upon my own view of the Statute Roll it self Besides these Impostures and Variances there are many useful Acts in the Parliament and Clause Rolls totally omitted out of all our Printed Statute-Books some whereof I have heretofore published in my Irenarches Redivivus The 3. is the Grand deplorable Deficiency of such an Exact Chronological History of all the Great Councils Synods Parliaments of England with their several Canons Acts Ordinances Proceedings
as I have formerly mentioned in the Epistle to my Plea for the Lords my Preface to an Exact Abridgement of the Records in the Tower and in a printed Title three year since by which I endeavoured to promote it which would supply all the three precedent Defects The 4. is the great lack of diligent faithfull Collections and Publications of all the choicest Records Proclamations Writs Letters Charters Patents Commissions c. in the Tower or elsewhere which concern the Liberties and Properties of the Subject The just antient Duties Customs Revenues Jurisdictions of the Kings and Crown of England in times of Warre and peace the Coin Merchandize Manufactures Trade Government Navy Forts Militia of England and Ireland and the Negotiations Leagues Treaties with forein States or at leastwise the want of an Exact Table Repertory to them whereby they might be readily found out and made uâ—e of upon all emergent occasions The 5. is a Compleat Register or Kalendar of all Parliamentary Writs extant in our Records which those who have formerly written Discourses touching our English Parliaments were either totally ignorant of or not well acquainted with or else took no care or pains at all to communicate to others though the very foundations of all our Parliaments and their proceedings The omission or ignorance whereof hath made most of their Treatises of this subject very imperfect unsatisfactory and full of gross misprisions which pass for current Truths It seemed very strange and monstrous to me that none of our Kings Parliaments Great Officers of State Nobles but especially none of our reverend Iudges learned Lawyeâ—s nor any of the Mâ—sters of the Rolls to whose beneficial Office care diligence it most propeâ—ly appertained in so large a tract of time since Printing first grew common have not hitherto put to their own helping hands nor incouraged others by Honorary Salaries to supply these deplâ—rable prejudicial Defects especially the 3. first which so much concern the publike Government Justice Honor welfare Laws Interest of the whole English Nation when as forein Kings Parliaments Statesmen Lawyers Advocates especially in France Spain Germany Denmark have been very diligent and laborious in later ages in searching out transcribing publishing to posterity all the Antiquities Records Councils Parliaments Laws Edicts Ordinances Histories Transactions of thâ—ir Predecessors and encouraged their learnedest Scholars by great Offices Honors Salaries and bountiful rewards to collections and publications of this Nature to their eternal honor VVhereupon I endeavoured the last long Parliament by an Epistle to the Lords to excite them to contribute their best assistance towards the speedy Publication of all our Parliamentary Rolls and Records profering my best endeavors to promote it but I neither then nor since received the least incouragement from them or others towards this beneficial publike undertaking from which soon after I was both discouraged and disabled by near 3. years close Imprisonment in 3. remote Castles under armed strictest guards by Mr. Iohn Bradshaws and his Whitehall Associates warrant without any accusation hearing or particular cause either then or since expressed of purpose to debarr me from publishing any thing of this Nature or against their New Tyrannical usurpations transcending all in former ages After my enlargement from these 3. years expensive as well as tedious restraints superadded to my former Imprisonments and Losses under the Prelates and Army-Officers I endeavored to revive this Heroick work and to encourage all publike-Spirited Noblemen Gentlemen Lawyers to promote it both by the publication of many unknown rare Records in the second Part of my Demurrer to the Iews long discontinued Remitter into England and Discoveries therein of the Vsefulness and excellency of our Records in general and of those relating to our Parliaments Laws Liberties Properties in particular Since which by a printed Paper I proposed a way how in what manner and by what time this usefull Design might probably be effected with no loss at all but certain gain to those who should contribute only 10 〈◊〉 a piece towards it for a year or two at most and should then certainly receive their principal again together with Books in the interval amounting to treble the interest which though some of my friends to whom I communicated these papers highly approved of seeming forwards to contribute towards it yet I found such a general lukewarâ—nness or rather absolute coldness in others really to advance it as caused me totally to desist from any further prosecution thereof Whereupon to supply those defects in some degree as much as in me lay I did with no little pains and cost upon my own private account alone without the least assistance contribution from any others collect compile print and publish to the world in the 3. First Parts of my Seasonable Historical Vindication and Chronological Collection of the good old Fundamental Liberties Rights Franchises Laws 〈◊〉 all English Freemen an Exquisite Epitome of all the Parliamentary Councils Synods and State-assemblies held within our Realms upon several Occasions extant in our Historians from the Britons first arival therein till the Coronation of King William the first Anno 1066. conteining the space of 2390. years Which though very usefull seasonable profitable containing sundry rarities in them were looked upon by most men with contempt like old Almanacks Clothes or Fashions quite out of dâ—te whence most of them lye moulding in Warehouses for want of sale After which in pursute of these beginnings I freely contributed my labors to the publishing of Aâ—â—xact Abridgment of the Parliâ—ment Rolls and Records in the Tower of London from King Edward the 2. till 1 R. 3. rectifying sundry mistakes supplying divers defects therein adorning it with a necessary Preface usefull Tables and Marginal Notes without which it had been in a manner altogether useless Since which I much enlarged and reprinted â—pon my own Account alone for want of assistance by others my Plea for the Lords and House of Peers Wherein I have communicated to the world out of Records and Histories more Presidents knowledge touching the Judicature Jurisdiction and Proceedings of our Great Councils and Parliaments in former ages and more fully vindicated the just antient Privilege and Hereditary right of the Lords and Barons of this Realm to sit vote judge in all our English Parliaments than any others have done in former ages without the least incouragement ayde or retribution from any of their Lordships notwithstanding my manifold sufferings by from and under some of them and their ancesters heretofore both in person and estate without the smallest voted recompence These last publications together with my Soveraign Power of Parliaments and Kingdoms my Historical Collection of the Great Councils and Parliaments of England and new published Argument of the Case of the Lord Magwire having in some measure though not so fully as I desire supplied the 4. first premised Deâ—ects I have endeavored by this presentâ— Brief Registâ—◠〈◊〉 and Survey of the sâ—veral 〈…〉 the
only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
et sic soluto CONCILIO Dominus Rex dedit universis hominibus suis tam Clericis quam Lacis licentiam capiendi crucem Unde factum est quod Baldwinus Cantuariensis Archiepiscopus et Ranulphus Iusticiarius Angliae Walterus Rothomagensis Archiepiscopus et Hugo Dunelmensis Episcopus et alii quamplures Episcopi transmarini et cismarini et fere omnes Comites et Barones et Milites Angliae Normanniae Aquitaniae Britanniae Andegaviae Cenomanniae Turoniae Crucem ceperunt Deinde Dominus Rex venit usque Windleshoures et ibi in Dominica ubi cantatur Laetare Jerusalâ—m fecit Johannem silium suum militem statim misit eum in Hyberniam INDE EVM REGEM CONSTITVIT To pretermit the Parliamentary Councils under Kingâ— Richard the 1. of which I have given you some account in my Plea â—or the Lords p. 234. to 242. I shall proceed to those in the beginning of King Iohns reign In the 1. year of King Iohn Anno Dom. 1199. there was a Great Council of the Spiritual and Temporal Lords and Barons summoned to his Coronation thus related by Matthew Westminster though there be no writs of Summons thereunto extant on record Dux Normanniae Johannes in vigilia Ascensionis Domini London venit ibi CONGREGATIS ANGLIAE NOBILIBVS ab Hâ—bâ—rto Cantuariensi Archiepiscopo coronatus est dieâ— Ascensionis Domini which Roger de Hovâ—den thus relates Congregatis igitnr apud Lundonias in adventâ— praedicti ducis Huberto Cantuariensi Johanne Dublinensi et de Raguse Archiepiscopus Willielmo Lundoniensi Gilberto Roffensi Johanne Norwicensi Hugone Lincolnensi Eustachio Eliensi Godfrido Wintoniensi Henrico Exoniensi Sefrido Cicestrensi Gauâ—rido Coventrensi Savarico Bathoniensi Hereberto Salesburiensi Philippo Dunelmensi Rogero de sancto Andrea in Scotia Henrico de Landas Episcopis Roberto de Leicestre Richardo de Clare Willielmo de Tutesburie Hamelino de Warenne Willielmo de Salisbirie Willielmo de Striguil Walranno de Warewic Rogero Bigot Willielmo de Arundel Ranulfo de Cestre Comitibus Baronibus multis Hubertus Cantuariensis Archiepiscopus coronoavit et consecravit in regem Angliae prefatum Johannem ducem Normanniae in Ecclesia sancti Petri Apostoli Westminstriae sexto Calenâ— Iunii feria 5. die Ascensionis Domini Philippo Dunelmensi Episcopo appellante ne coronatio illa fieret in absentia Gaufridi Eboracensis Archiepiscopi totius Angliae Primatis Matthew Paris thus records the manner of his Coronation more fully CONGREGATIS ita que in adventu ejus Archiepiscopis Episcopis Comitibus et Baronibus atque aliis omnibus qui ejus coronationi interesse debuerant Archiepiscopus staus in medio omnium dixit Audite universi Noverit discretio vestra quod nullus praevia ratione alii succedere habet regnum nisi ab universitate Regni unanimiter invocata Spiritus gratia electus secundum morum suorum eminentiam praeelectus ad exemplum et similitudinem Saul primi Regis inuncti quem praeposuit Dominus populo suo non Regis filium nec de Regali stirpe procreatum Similiter post eum David Sem ei filium hunc quia strenuum et aptum dignitati regiae illum quia sanctum et humilem ut sic qui cunctos in regno supereminet strenuitate omnibus praesit et potestate et regimine Verum si quis ex stirpe Regis defuncti aliis praepolleret pronius et promptius in electionem ejus est consentiendum Haec idcirco diximus pro inclyto Comite Iohanne qui praesens est frater illustrissimi Regis nostri Richardi jam defuncti qui haerede caruit ab eo egrediente qui providus et strenuus manifeste nobilis qnem nos invocata Spiritus sanctigratia ratione tam meritorum quam sanguinis Regii unanimiter elegimus universi Erat autem Archiepiscopus vir prosundi pectoris et in regno singularis columna stabilicatis et sapientiae incomparabilis Nec ausi erant alii super his adhuc ambigere scientes quod sine causa hoc non sic diffiniverat Verum Comes Iohannes et omnes hoc acceptabanâ— ipsumque Comitem in Regem eligentes et assumentes exclamant dicentes Vivat rex Interrogatus autem postea Archiepiscopus Hubertus quare haec dixisset respondit se praesaga mente conjecturare et quibusdam oraculis edoctum certificatum fuisse quod ipse Johannes Regnum Coronam Angliae foret aliquando corrupturus in magnam confusionem precipitaturus Et ne haberet liberas habenas hoc faciendi ipsum electione non successione haereditaria eligi debere affirmabat Archiepiscopus autem imponens capiti ejus coronam unxit eum in regem apâ—d Westmor aâ—tâ—rium sc. in Ecclesia principis Apostolorum Dominicae ascensionis die sexto kalendas Junii Philippo Dunelmensi Episcopo appellante sed non obtinenâ—e ne coronatio illa fieret in absentia G. Archiepiscopi Eboracensis In hac coronatione Rex Iohannes triplici involutus est sacramento Quod videlicet sanctam Ecclesiam et ejus ordinatos diligeret et eam ab incursione malignantium indemnem conservaret et quod perversis legibus destructis bonas substitueret et rectam justitiam in regno Angliae exerceret Deinde adjuratus est ab eodem Archiepisc opo ex parte Dei et districte prohibitus ne honorem hunc accipere praesumeret nisi in mente habeat opere quod juraverat adimplere Ad hoc ille respondens promisit se per auxilium Dei bona fide ea quae juraverat servaturum In crastino autem homagiis et fidelitatibus acceptis beatum Albanum Protomartyrem Angliae orationis gratia devotus petivit Et sic brevissimam in Anglia moram faciens ea quae statuenda erant in regno cum consilio Magnatum rite peregit In the 2. year of d King Iohn Anno 1200. Hubâ—rt Archbishop of Canterbury and Chancellor of England Generale celebravit Concilium Londini apud Westmona sterium contra prohibitionem Gawfridi silii Petri Comitis Essex tunc temporis summi Iusticiarij Anglâ—ae In which many Laws and Canons were made touching Ecclesiastical persons and businesses recorded at large in Roger de Hoveden And in the same year the same Author writes the long suâ—e between William de Stutevil and William de Moubray touching the Barony of Moubray was compremised and ended by an agreement made between them CONSILIO REGNI VOLVNTATE REGIS In which Council of the Realm it is most probable Statuta quaedam Johannis Regis concerning the prises of Wine registred by Hoveden were made Sed hoc PRIMUM Regis STATUTUM vix inchoatum statim est adnihilatum quiae Mercatores hanc Assisam sustinere non poterunt data est eis licentia vendendi sextertium de vino albo pro octo denariis vini rubri pro sex denariis sic repleta est terra potu potatoribus The Writs of Summons
the Clause Rolls now and then without any to the Temporal Lords or Barons registred together with them So there are some writs of Summons to and prorogations of Parliaments issâ—ed to Temporal Lords in some Rolls without any to Archbishops Bishops Abbots Priors or Ecclesiastical Lords entred with them though no doubt they had the like writs of Summons and Prorogations although not registred as the bodies of the writs do manifest 21. That the writs issued to the Archbishops Bishops Abbots Priors and Clergy run usually in this form Vobis mandamus quod in fide et dilectione quibus nobis tenemini c. not in fide et homagio But the writs to the Earls Barons and Temporal Lords though they sometimes retain the self same words in fide et diloctione yet for the most part they run thus quod in fide homagio or ligeantia quibus nobis tâ—nâ—mini c. or in homagio â—idâ— et dilectione or in homagâ—o et ligeâ—ntia homagio or ligeantia being put in the place of dilectionâ— or added to fide et dilectione quibus nobis tenemini 22. That the writs to the Archbishops Bishops Abbots and Priors for the most part observe this stile Vobiscum ac cum caeteris Praelatis Magnatibus et Proceribus c. in all clauses of the writ The writs to the Earls Temporal Lords Vobiscum ac cum Praelatis et caeteris Magnatibus et Proceribus or caeteris Magnatibus or Proceribus only caeâ—eris being evâ—r placed before Praelatis in the writs to the Bishops Abbots but after Praelatis and before Magnatibus or Procâ—ribus in all writs to the Temâ—oral Lords because of different Orders the Prelates noâ— being Magnates or Procâ—râ—s by birth or in their own right but only the Temporal Lords and they being not Praelati or Ecclâ—sâ—astical Peers by order or function but only the Bishops Abbots Priors and other Ecclesiastical Barons 23. That the number of Archbishops Bishops Abbots Priors and Ecclesiastical persons summoned by writs to our Parliaments was for the most part equall to and many times farr exceeding the number of the Temporal Lords Barons as you may easily discern by computing and comparing their numbers in this with those of the Temporal Lord in the ensuing Section In the Parliamvnt of 49 H. 3. the number of the Prelates Abbots and Spiritual persons summoned by writ was 120. the number of Temporal Lords but 23. Anno 23 E. 1. d. 9. the number of the Spiritual Lords summoned was 77 of the Temporal Lords but 63. And dors 3 4. the Spiritual Lords summoned to another Parliament that year amounts to 90. the Temporal Lords only to 50. In 24 E. 1. d. 7. the Spiritual Lords summoned were in all 91. the Temporal but 43. yet in other Parliaments the Temporal Lords exceeded the Spiritual as in 27 E. 1. d. 18. the Spiritual Lords were 58. the Temporal 90. but in the next Parliament 28 E. 1. m. 3. the Spiritual Lords summoned were 102. the Temporal only 89. Their differences in number in other Parliaments I shall for brevity sake omit only in most summons under King H. 4 5 6. during these Kings absence and wars in France when most of the Earls and Temporal Lords were in actual service in the wars the Spiritual Lords were neer double to the Temporal 24. That the first writ wherein I finde any mention of and provision for the Defence of the Church of England is in 6 E. 2. here p. 20. the next is in 11 E. 3. p. 39 40. 12 E. 3. p. 42. 14 E. 3. p. 46. After which in the writs of 18 E. 3. p. 50. 31 E 3. p. 60 61 62. 46 E. 3. p. 67. 49 E. 3. p. 69. 1 R. 2. p. 69 70 72. and in most succeding them Defensionem Ecclesiae Anglicanae Salvationem et defensionem Ecclesiae Sanctae Et â—oc sicut salvationem et defensionem Ecclesiae Sanctae diligitis were usually inserted into the writs of Summons as well to Parliaments as Convocations and in writs to the Temporal Lords and Sherifs as they were in writs to the Clergy it being one principal end of summoning Parliaments and Convocations 25. That sometimes the Archbishops Bishops Abbots Priors were authorized by the writs themselves to make Proctors or Proxies to supply their places other times prohibited to make any Proctors or Proxies at all but peremptorily injoyned to appear in person without any excuse or Proctor to supply their absence But the Deans Chapters Archdeacons Priors and Clergy of every Diocess by a special clause of Praemunientes c. in the writs to the Archbishops and Bishops and by second writs to the Archbishops were summoned the Deans Priâ—rs and Archdeacons by themselves their Chapters by one and the Clergy of each Diocess Quod per duos Procuratores idonâ—os pâ—enam et sufficienteÌ„ potestateÌ„ ab ipsis Capitulis et Clero habentes dictis die et loco intersint ad facâ—end consentiend hiis quae tunâ— ibidem de Com Consilio regni nostri divina faventâ— clementia coâ—tigâ—rit ordinari Amongst others the Bishop of Bath and Wells was particularly injoyned Praemunientes Priorem et Capitulum Bathon et Decanum et Capitulum Wellen Ecclesiarum suarum c. quod idem Prior et Dâ—canus in propriis personis suis dicta Capitula per unum Procuratorem idoneum c. una nobiscum inter sint ad c. Hereupon the Prior of Bath when sick appeared not in person but by a Proctor and the Chapter of Bath by one or more Prâ—ctors specially chosen and authorized by their Letters of Procuration under their Seals Which Letters of Procuration I find entred in the antient Parchment Leiger Book of the Priory of Bath in sundry forms in the reign of King Edward the 1. which I shall here insert for their rarity and because they will inform us what â—ull and sufficient power other Priors Deanes Chapters and the Clergy of each Diocess as also the Spiriâ—â—al Lords when absent and authorized to make Proxies gave to their Procurators and in what forms other Letters of Procuration were made in former times of which I find only one printed in Mr. Selden The first of these Procurations runs in this manner being directed to the King himself Serenissimo Domino suo Domino Edwardo Dei gratia illustri Regi Angliae Domino Hiberniae et Duci Aquitanâ—ae sui devoti Thomas Prior et Capiâ— Bathoniensis Ecclesiae salutem et debitam cum orationibus assiduis reverentiam et fidelitatem Ad tractandum ordinandum et faciendum una Vobiscum et caererâ—s Praelatis et Proceribus et aliis Regni incolis in praesenti Convocatione Generali apâ—d Westm. die Dominica proxima post festum S. Martini pro diversis Regni negotiis convenientibus dilectum in Christo Conâ—ratrem et Conprofessum nostrum Fraâ—rem W. de Hamptâ—n â—ostrum facimus ordinamus et constituimuâ— PROCURATOREM per praesentes
Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
mercenary Guards and Soldiers for their defence hath been unexpectedly affronted assaulted forced dissipated yea destroyed by them and made their basest Slaves and Captives may learn to avoid all such extravagances and oversights in succeeding ages 22. It is observable and most evident by comparing the births of our Princes of Wales and Earls of Chester recorded in our Histories wiâ—h the dates of their first wâ—its of Summons to Parliamâ—ntâ— that Edward of Carnarvan the first Prince of Wales was first summoned by writ to Parliament when he was but 19. years old that Edward the eldest Son of King Edward the second as Earl of ChesteÌ„r was first summoned by writ to Parliament when he was scarce 9. years of age that Edward the black Prince of Wales was summoned when he was not 20. and Richard his Son Prince of Wales called by writ to Parliament when he was not full 9. years old The Kings eldest and youngest â—ons being usually summoned to Parliaments during their Minorities though others are seldom summoned till their full age even as King Henry the 6. rode triumphantly to and sate in State in Parliament in his Queen-mothers lap before he was full 12. months old 23. I observe that in Claus. 27 E. 1. d. 6. 16. Adomarus de Valencia was summoned and listed among the Earls without the Title of Earl annexed to his name being then as I conceive Earl of Pâ—mbroc and so stiled in succeeding Summons And in Claus. 50 E. 3. pars 2. d. 6. Thomas de Wodestoke Constabularius Angliae and Henry de Percy Marescallus Angliae are listed amongst the Earls without any Title of Earls yet in the next writ of Summons Claus. 1. R. 2. d. 31. 37. Thomas de Wodestoke is stiled Com de Buck et Constab. Angliae and Henry de Percy Com. Northumb. in the list of the Earls and therefore I apprehend they were Earls in 50 E. 3. as our Histories Heraulds report them though not so stiled â—n-the Roll of Summons 24. That the names of the Kings Counsil Justices and other Officers â—ummoned to Parliaments only as Assistants are sometimes inserted into the Eodem modo mandatum est and Confimiles literae next after the the Lords and Barons name without any space line or distinction between them sometimes with a lines distance or small space only from them sometimes they are distinguished from the Lords and Barons by the words Milites or Clâ—ricis Consilii Iâ—stâ—â—iar added in the Margin and a small space between them as in Claus. 5 E. 2. d. 17. Cl. 2 E. 1. and sometimes they are inâ—exmixed with the Lords and Barons names and listed amongst themâ— as in Claus. 8 E. 2. d. 35. Roger de Brabazon and 7 others of them areâ— named amongsâ—â—th Lords and Barons and so in Claus. 3 E. 3. d. 19. Claus. â— E. 3. p. 2. d. 7. In the Clause Roll of 25 E. 1. d. 25. the word Milites is inserted in the Margin over aâ—ainst the Names of the Judges and Kings Counsil in the Eodem modo and in Claus. 5 E. 2. d. 17. Clericis consilii Iusticiar is written in the Margin to distinguish them from the Lords and Barons but in no Rolls besides without the word Barones superadded to the Barons and Greatmen in the catalogue of their names 24. That although the word BARO and BARONES in the Clause Rolls of King Iohn Henry the 3dâ— Edward 1. 2. Histories Great Charters and Statutes in their reigns be frequently used applied to all the Temporal Lords of Parliament yet in all the Clause Rolls and Writs of Summons I have seen no particular persons amongst them are summoned by the Title of Barons but only the Barons of Greystok Graystoke or Craystoke and the Barons of Stafford In the Clause Rolls of Ed. 1 3 so of Rich. 2. H. 4. 5. and 6. writs are frequently issued Iohanni BARONI de Greystoke Willo BARONI de Greystoke Rado BARONI de Greystoke as they are sâ—iled in the Eodem modo yet in other writs lists rolls in the Eodem modo the direction to these very Barons is many times Iohanni de Craystoke or Greystoke Willo Rado de Greystoke without the addition of BARONI annexed to them which Title is totally omitted in all the Roâ—â—s of Edw. the 4th as the ensuing Alphabetical and Chronological Table with my Table to the Exact Abridgement of the Records in the Tower will more particularly inform you So in the Rolls of King E. 1. 3. mentioned in the following Table the directions in sundry writs in the â—odâ—m modo are Edmundo Rado BARONI de Stafford and in other writs to the one of them he is stiled only Rado de Stafford BARONI being omitted in his Title BARO being given â—o none for ought I can find in any lists of summons but to these 2. Barons of Greystoke and Stafford alone 25. That in my best observation â— the Title or Addition of MILES or CHIVALER was not given to any Temporal Lords or Barons in any writs or lists of Summons to Parliament before Claus. 49 E. 3. dorse 4. 6. 50 E. 3. pars 2. d. 6. wherein summons issued Willielmo le Morle Chivaler Willielmo de Aldeburgh Chivaler Iohanni de Well Chivaler Hugoni de Dacre Chivaler after which it grew more common under King Rich. the 2. Henry 4. and 5. when many of the Temporal Lords and Baâ—ons had this addition given them sooner or later those who wanted it in one two three four or more writs of Summons at first before they were Knighted receiving it in subsequent writs after they were Knighted After the beginning of King Henry the 6. and during the reign of Edw. the 4th there was scarce any Temporal Lord in the lists of summons but was stiled Chivaler or Miles being all genetally Knighted for their greater honour Of all the Temporal Lords I find onely one namely Tho. de la Ware constantly stiled MAGISTER Tho. de la Ware in all writs of summons to him from 23 R. 2. â—05 H. 6. as the enâ—uing Table will inform you the true and only reason whereof I apprehend to be this that before the temporal Dignity of a Lord or Baron descended to him he had been a Clergyman in sacred Orders this Title Magister being alwayes prefixed before the Names of all of the Kings Council who were Clergy-men in their summons to Parliament as Assistaâ—ts to the Lords House as the writs and Table in the next Section will inform youâ— not to distinguish him from the Lords who were Knights as some mistake because none of the other Lords who were not Knights had this Title Magister given to them but he alone Now whereas in the summons of 1 E. 4. Iohn de Audley is stiled Armiger I conceive it mistaken by the Clerks for Chlr. he being ever â—â—iled Chivaler not Armiger in the summons of 49 H. 6. d. 6. 2 E. 4. d. 3. 6 E. 4.
is evident not only by the memorâ—ble prâ—sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot Parl. n. 19. 14 E. 4. rot Parâ— n. 25. in Controversies of this Nature there recorded but by these two presidents of laâ—er times remembred by Mr. Cambdeâ— In the Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware peâ—iâ—ioned the Queen to be restored to his anciâ—nt place and â—eat in Parliamenâ— whose case was this His father William by judgement of Parliâ—ment in the reign of Edward the 6. for endeavouring to poyson his Unkle the Lord de la Ware to gain his inheritance and honour was disabled to enjoy any inheritance or honour that might descend to him by his Unkles death Afterwards in Queen Maries reign he was condemned of High Treason and not long after intirely restored as if he had not been condemned Being disabled by his first Sentence to inherit his Unkles honor upon his death he was by Queen Elizabâ—ths special Favour and Letters Patents created Baron de la Ware de novo and sat only as a younger Baron then newly created during his life After his death his son petitioning to enjoy the place of his Ancestors in Parliament the Queen referred the business to the Lords in Parliament who finding the judgement against William his Father to be only personal and not to bind his children and that the judgement given against him under Queen Mary was no obstacle both because he could not lose that Dignity and Honor by it which then he had not his Unkle being then alive and because he was soon after intirely restored and for that the anâ—ient Dignity and Barony was not extinct by his new Creation but only suspended during his life being not vested in him at the time of his late Creation the Lords thereupon locum â—i avitum ADJUDICAVERUNT inter Barones Willoughbeium de Eresby Berkleium in quo ritè locatur In the same Parliament it was resolved by the Lords in the case of Thomas Howard Baron of Walden Knight of the Gâ—rter who being sick and unable to come to the House himself Baron Scroop as his Proxy was brought into the Lords House in his Parliamentary Robes between two Barons the chief King of Arms going before him where presenting his Patent and Creation when the Lord Keeper of the Great Seal had read it he was placed below all the rest of the Barons though he were the younger son of a Duke whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts and other Barons which the Lords then resolved to be intended out of Pâ—rliament but they ought to sit in the Parliament house only according to the time of their being created Barons as Mr. Cambden relates out of the Lords Iâ—urnal 36. That the Prelates Earls Barons and Great men of the Realm are the Proper Iudges of all Causes and Controversies there debaâ—ed between the King and his people and are all bound by Oath as well as the King to observe defend and maintain the rights of the Realm and Crown of England and that more especially by their Oath of Fealty and Homage whereby they were tied to the King and charged to appear when summoned in the writs of summons as you may read more at large before in Spelmans Glossarium Tit. Fidelitas Homagium ligeantia and in Mat. Paris who records Aâ— 1209. that K. Iohn caepit HOMAGIA de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac demâ—sit Et Wallenses quod anteactis temporibus fuâ—raâ— inauditum venientes ad Regem HOMAGIA fecerunt ibidem licet tam divitibus quam pauperibus esset oâ—erosum Then passing into Ireland with a great Army there came to Dublin to meet him plus quà m viginti Reguli illius regionis qui omnes timore maximo perterâ— iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT as the highest Obligation of their future Loyalty fidelity and subjection to him Upon which Account Homage is frequently stiled HOMAGIUM LIGEUM LIGEANTIA LIGANâ—IA by Bracton l. 2. c. 35. f. 79. Glanvil l. 7. c. 10. Guliclmus Neubrigensis Hist. l. 2. c. 37. Chron. Iohannis Bromton col 1005. Fleta l. 3. c. 16. Britton ch 68. De Homages Custumar Vetus Normanniae c. 43. Cooks 7 Rep. Calvins case f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices ch 35 36 37 38. Spelmans Glossarium Homagium Ligeantia because iâ— most strictly unites and binds the King and his Subjects together hunc ad protectionâ—m justum Regimen illos ad reverentiam tributa et dâ—bitam Subjectionem â—t obedâ—â—ntiam as they resolve whereupon the Lords are enjoyned in their writs of summons personâ—lly to appear in Parliaments and Great Councils in fide homagio QUIBUS NOBIS TENEMINI as I formerly observed 37. That the nâ—mbers of Earls Barons Temporal Lords and Great men summoâ—ed to our Parliaments and Great Councils andentred after the Eodem modo and Consimiles literae in the Rolls and Liâ—ts of Summons are oft times very various and different there being many more of them summoned to some Parliaments and Great Councilâ— than to others as you may easily discern by comparing their Numbers which I have here presented you with in the grosse after every writ the Prince of Wales himself the Duke of Lancaster and other Dukes and Earls as well as inferior Lords Barons and Great men being left out of some Lists of Summons one two or three Parliaments and Great Councils together or more and then inserted again into others the true reasons whereof I apprehend to be these ensuing 1. Their absence in forein parts or elsâ—where in the warrs or â—pon other special services of the King in which cases no wrâ—ts of Summons issued to them and if their names were entred in the Lists of the summons they were usually cancelled or rased out of them witness the forecited entrys in the Lists oâ— Claus. 11 E. 3. pars 2. dors 11. And Claus. 12 E. 3. pars 3. dors 32. 2ly Their abode beyond the Seas upon their own particular occasions Both which causes frequently happened during the wars with France Scotland and Ireland and whiles our Kings and Nobles had any Lands and Possessions in France Aquitain Normandy Anjow Picardy and other parts beyond the Seas Many of the Earls Lords Barons Great men and our Kings themselves being oft times by reason of Warrs Treaties Embassies and defence of their Inheritances absent in forein parts when Parliaments were summoned and held in England by the Custos Regni or Commissioners at which times I generally finde there were fewer Earls Barons and Noblemen summoned to our Parliaments and Great Councils than in times of Peace or when our Kings were personally present in
11 d. 32. 12 d 2. H. 4. 1 d 9. 37. 2 d 16. H. 5. William de la Pool Earl thereof summoned 9 d 18 10 d 10. 11 d 16. 13 d 2. 20 d 27. Made and summoned as Marquess of Suffolk 23 d. 21. 25 d. 24. summoned as Duke of Suffolk 27 d 24. 28 d. 26. H. 6. Iohn Duke thereof summoned 49 d 6. H. 6. 6 d 1. 9 d 3. 12 d 41. 22 23 d 10. E. 4. Surrey Iohn de Warrenna Earl thereof summoned 23 d 9. 27 d 9. 16. 18. 28 d 3. 17 30 d 8. 13. 34 d 2. E. 1. 1 d 8. 11. 19. 2 d 11. 14. 20. 3 d 16. 17. 5 d 11. 17. 25. 6 d 3. 31. 7 d 16 27. 8 d 29. 35. 9 d 22. 11 d 8. 12. 14. 12 d. 11. 29. 13 d 13. 14 d 5. 29. 15 d 16. 17 d 27. 18 d 15. 21. 34. 20 d 4. E. 2. 1 p. 2. d 11. 16. 2 d 11. 15. 23. 31. 4 d 13. 32. 42. 5 d 7. 25. 6 d 4. 9. 19. 36. 7 p 2. d 3. 8 d 18. 9 d 8. 28. 10 d 1. 5. 11 p 1. d 8. 15. p 2. d 11. 40. 13 p 2. d 1. 28. 14 p. 1. d. 23. 33. 15 p. 1. d. 37. 16 p. 1. d. 39. p. 2. d. 13. 22. 17 p. 1. d. 25. 18 p. 1 d. 14. 20 p. 1. d. 22. 21 p. 1. d. 28. E. 3. Thomas Holland Duke of Surry summoned 21 p. 1. d. 27. 23. d. 3. R. 2. 1 d. 37. H. 4. V ULâ—on Liâ—â—â—l the Kings Son Earl thereof summoned 34 d. 4. E. 3. sent into Ireland with an Army 35 E. 3. d. 33. 36. E. 3. d. 42. W WAles Edward eldest Son of Ed. 2. Prince of Wales c. summoned 30 d 8. 13. 32 d. 2. 33 d. 10. 31. 34 d. 2. E. 1. Edward eldest Son of Ed. 3. Prince of Wales c. summoned 24 p. 2. d. 3. 25 p. 1. d. 5. 26 d. 14. 27 d. 12. 28 d. 26. 31 d. 2. 34 d. 4. 42 d. 22. 44. d. 1. 46 d. 9. 10. 47 d. 13. E. 3. Richard ` Prince of Wales stiled the Kings Son though his Grandchild onely summoned 50 p. 2. d. 6. E. 3. Henry Prince of Wales c. summoned 1 2 p. 1. d. 3. 3. d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 9 11 d. 32. 12 d. 2. 14 d. 22. H. 4. Edward eldest Son of E. 4. Prince of Wales summoned 22 23. d. 10. E. 4. Warenne Iohn Earl thereof summoned 23 d. 3. 24 d. 7. E. 1. Warwick William de Bello-campo Beauchamp Earl thereof summoned 23 d. 3. 9. 24 d. 7. 25 d. 25. E. 1. Guido de Bello Campo Earl thereof summoned 27 d. 16. 18. 28 d. 3. 17. 30 d. 8. 13. 32 d. 2 33 d. 21. 35 d. 13. E. 1. 1 d. 11. 19 2 d. 11. 14. 20 3 d. 16. 17. 4 d. 1 5 d. 11. 17. 25. 6 d. 3. 31. 7 d. 16. 17. 8 d. 35. E. 2. Thomas de Bello-campo Earl thereof summoned 4 d. 13. 32. 41. 5 p. 1. d. 7. 25. p. 2. d. 7. 6 d. 9. 19. 24 36. 7 p. 2. d. 32. 1â— p. 2. d. 1. 28. 14 p. 1. d. 33. 16 p. 1. d. 39. 17 p. 1. d. 14. 21 p. 1. d. 32. p. 2. d. 3. 7. 23 p. 1. d. 23. 24 p. 2. d. 3. 25 p. 1. d. 5. 26 p. 1. d. 14. 27 d. 12. 28 d. 26. 31 d. 21. 32 d. 14. 34 d. 4. 36 d. 16. 42 d. 22. 34 d. 24. 44 d. 1. 46 d. 4. 49 d. 4. 6. 50 p. 2. d. 6. E. 3. 1. d. 37. 2 d. 13. 29. 3 d. 32. 4 d. 32. 5 d. 40. 6 d. 37. 7 d. 10. 37. 8 d. 35. 9 d. 46. 10. d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d 30. 18 d. 23. 20 p. 1 d. 15. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. H. 4. Richard Earl thereof summoned 5 p. 1. d. 28. p 2. d. 4. 6 7 d. 30. 9 d. â— 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 9 37 2 d. 16. 4 d 16. 8 d. 2. H. 5. 1 d. 22. 2 d. 18 3 d. 3. 6 d. 4. 7 d. 2. 10 d. 10. 11 d. 10. 13 d. 2. 15 d. 18. 29 d. 41. 31 d. 36. 33 d. 36. 49 d. 6. H. 6. 1 d. 31. 2 d. 3. 6 d. 1. 9 d. 3. E. 4. Westmerland Ralf de Nevil Earl thereof summoned 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1 28. p. 2. d. 4. 6 7 d. 30. 8 d. 2. 11 d. 32. 12 d. 2. 14 d. 22. H. 4. 1 d. 5. 37. 2 d. 16. 3â— d. 15. 4 d. 16. 5 d. 11. 7 d. 9. 8 d. 2. 9 d. 13. H. 5. 1. d. 22 2 d. 26. 3 d. 9 7 d. 2. 9 d. 18 10 10. 11 d. 10. 12 d. 1. 13 d. 2. 15 d. 18 18 d. 33. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 28 d 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. 49 d. 6. H. 6. 1 d. 35. 2 d. 3. 6 d. 1. 9 d. 3. 12 d. 41. 22 23 d. 16. E. 4. Wigorne Worcester Thomas de Percy Earl thereof summoned 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. Richard Earl thereof summoned 8 d. 2. H. 5. Iohn Earl thereof summoned 28 d. 26. 29. d. 41. 31 d. 36. 33 d. 36. H. 6. 2 d. 3. E. 4. Edward Tibetot Earl thereof summoned 6 d. 4. E. 4. Wilts Wiltshire Wiltes Iames Earl thereof summoned 28. d. 26. 29 d. 41. 31 d. 36. 33 d. 36. 38 d. 30. H. 6. Iohn Earl thereof summoned 12 d. 41. E. 4. Winton Winchester Hugh le Dispencer Earl thereof summoned 16 d. 26. 17 d. 27. 18 d. 5. 15. 21. 34. 19 d. 27. E. 2. Y YOrk Edmond Duke thereof summoned 9 d. 45. 10 d. 42. 11 d. 13. 24. 12 d. 42. 13 d. 5. 14 d. 42. 15 d. 37. 16 d. 23. 17 d. 3. 30. 20 p. 1. d. 15. 21 p. 1. d. 27. 23 d. 3. R. 2. 1 d. 37. 2 p. 1. d. 3. 3 d. 17. 5 p. 1. d. 28. p. 2. d. 4. 7 d. 30. 8 d. 2. H. 4. Edward Duke thereof summoned 9 d. â— 11 d. 26. 12 d. 3. H. 4. 1 d. 9. 37. 2 d. 16. H. 5. Richard Duke thereof summoned 11 d. 10 13 d. 2. 18 d. 3. 20 d. 27. 23 d. 21. 25 d. 24. 27 d. 24. 29 d. 41. 31 d. 36. 33 d. 36 H. 6. An Exact Alphabetical and Chronological Table of all the Temporal Lords Baâ—ons Viscounts and Great Men summoned to Parliaments and Great Councils in England from 49. H. 3. till 23. E. 4. with the years dorses of the Clause Rolls in each Kings Reign and Numbers of the Parliaments to which they were summoned p. in the Parenthesis signifying the part of the Clause Roll of the year
That this Oath was made by unanimous consent of the Queen Lords and Commons in Parliament 2. That it was five years a probationer and approved ratified by two successive Parliaments before it was imposed upon any Members and not actually administred to any till the Parliament of 8. Elizabeth 3. That it was imposed onely upon the Members of the Commons House not upon any temporal Lords or Barons of the Realm 4. That the principal end of prescribing it was to abolish the Popes usurped supremacy and prevent his and his instruments Traiterous attempts against the Queens person Crown Kingdome discover persons popishly affected and seclude them from sitting or voting in the Commons House if elected returned unless they should first take this Oath Not to debar or exclude any real Protestants when duly elected from entring into the Parliament house to discharge their trusts and duties 5. That it appoints no Officers or armed Guards forcibly to seclude any Knight Citizen Burgess or Baron of the Ports till hee hath openly taken and pronounced this Oath but onely layes 2 particular inhibition upon every such Member himself not to enter the House without taking it under the disabilities and penalties therein mentioned leaving every Member a liberty to seclude himself in case hee were unsatisfied or could not in conscience or prudence take this Oath but authorizing none else to keep him perforce out of the House if hee had a mind to rush into it without taking it After this the Parâ—iament of 3. Iacobi c. 4. upon the detection and prevention of the inâ—ernal Gunpowder Treason of the Pope Iesuites and Papists to blow up the King Queen Prince Lords Commons and Parliament when all assembled together in the Lords House November 5 Anno 1605. by unanimous consent of the three Estates made and prescribed a New Oath of Allegianoe to all persons except Péers of the Realm who actually were or should be suspected to be Papists for their better discovery and conviction without imposing it upon any Members of either House Which Oath many Papists oppugning with false and unsound Arguments though tending onely to the declaration of such duty as every true well-affected subject not onely by his bond of Allegiance but also by the commandement of Almighty God ought to bear to the Kings Majesty his Heirs and Successors Thereupon the Lords and Commons in the Parliament of 7. Iacobs when this Oath had been approved four years space not onely enacted ch 2. that every person who should henceforth be naturalized or restored in blood should first take this oath but to shew their great approbation thereof humbly prostrating themselves at his Majesties feet did earnestly beseech him that the same Oath might be administred to all his Subjects what soever And thereupon it was enacted ch 6. That all and every Knights Citizens Burgeâ—â—es and Barons of the Five-Ports of the Commons House of Parliament â—before hee or they shall be permitted to eâ—ter the said House shall make take and renew the said corporal Oath upon the Evangelists before the Lord Steward for the time being or his Deputy or Deputies without imposing any disability or penalty or appointing any Officers forcibly to seclude those from entring who refused it Since these recited Acts all Members of the Commons House have constantly taken these two Oaths voluntarily without coercion or forcible seclusion before they entred or sate as Members in the House The last Parliament of 16. Caroli in their first Act for preventing the inconveniences happening by the long intermission of Parliaments enacted That all and every the Members that shall be elected to serve in any Parliament hereafter to be assembled by virtue of this Act shall assemble and enter into the Commons House of Parliament and shall enter into the same and shall have voices in Parliament before and without the taking of the several Oaths of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding Provided alwaies that if the Kings Majesty his Heirs or Successors shall at any time during any Parliament hereafter to be assembled by vertue of this Act award or direct any Commission to any person or persons whatsoever to take or receive the said Oaths of all or any Members of the Commons House of Parliament and any Members of the House being duly required thereunto shall refuse or neglect to take and pronounce the same that from thenceforth such person so refusing or neglecting shall bee deemed no Member of that House nor shall have any voice therein and shall suffer such pains and penalties as if hee had presumed to sit in the same House without Election return or authority These Statutes being all in their full force never legally repealed authorizing no Officers nor Souldiers whatsoever forcibly to seclude or punish any Member of the Commons House for not taking both or either of these two Legal Oaths of Supremacy and Allegiance ratified by so many indubitable Parliaments one after another and backed by the solemn League Covenant and Protestation it is neither in the power of the King himself or his Counsil nor of the House of Lords or any other persons whatsoever much less of the Commons House alone or any prevailing party in it who never in any age had the least Legal right or authority to administer an Oath in any case to any witness or person whatsoever much less to impose any New Oaths upon their fellow-Members sitting with them or secluded by them and on all succeeding Members of that House in future Parliaments to enforce any New Oath or Engagement whatsoever inconsistent with or repugnant to these two Legal Parliamentary Oaths or to suspend exclude or eject any Knight Citizen Burgess or Baron of the Ports duly elected and returned from sitting or voting with them in the Commons House for refusing such new Ingagement or Oath it being directly contrary not only to the Freedome Priviledge of our English Parliaments Laws Liberties but to the very letter of the Petition of Right ratified by K. Charles himself which complained of and provides against the administring of any Oath not warranted by the Laws and Statutes of this Realm and enacts That no Man hereafter shall be called to take such Oath as being repugnant to their Rights Liberties the Laws and Statutes of the Land much less then no Members of Parliament enforced by their fellow-Members to take such an Oath or else be suspended secluded the House of Commons that former proceedings of this kind in the case of Loanes wherein such an oath was prescribed exacted should not be drawn hereafter into consequence or example Yea contrary to the House of Commons Remonstrants of the State of the Kingdome 15. Decemb. 1641. who therein charge the Kings evil Counsellors That New Oaths have been enforced upon the Subjects against Law and new Iudicatures erected without Law which some who thus remonstrated have
all other lawfull Members both of the Lords and Commons House ought to enjoy the self same Protection Priviledge Freedome immunity and no wayes to be interrupted molested disturbed by any other Officers Subjects Persons or Members whatsoever from freely repairing to residing in or returning from our Parliaments much lesse to be forcibly secluded out of them by armed guards new oaths or popular tumults Neither may can ought the House of Commons alone nor any prevailing party in it to exclude eject any duly elected returned Member once admitted without any Legall accusation tryal cause at all nor yet for betraying of his trust or misdemeaning himself as a Member after his election nor for any real offence as a Member without and against the Kings and Lords concurrent Judgments and assents in whom alone the power of Iudicature resides in such as well as in all other causes as I have elsewhere evidenced by unanswerable Presidents and the rules of right reason he being summoned only by the Kings Writ and authority impowred trusted by his electors only as their peculiar Trustee Atturney not his fellow Knights Citizens Burgesses to do and assent to such things as shall be ordained by the King Nobles and Common Counsell of the Realme touching the weighty publike affairs of the King and Kingdoms and obliged antiently by Manucaptors and since by their Indentures of retorn and our Laws not to depart from the Parliament without the Kings special license under pein of his indignation and other penalties Therefore no more to be suspended secluded ejected imprisoned by his fellow-Commoners without the Kings and Lords concurrent Judgements and Assents than one Judge or Justice on the Bench can unjustice unjudge uncommission another one Trustee Executor or Attorny discharge his fellow Trustees Executors Attornies of their trusts one Grand-Jury man thrust another out of the panell without the Judges consent or one Common Counsel man of a City or Livery man of a Company disfranchise and discommon another without the consent or judgement of the Mayor and Aldermen of the City or Master and Wardens of the Company whereof they are Members Whatever exorbitant irregular practices have of late times been usurped by or presidents made in the Commons House to the contrarie almost to the total if not final subversion of all future Parliaments and their privileges It being a Maxim in Law and Reason Par in parem nonhabet Imperium multo minus Superioritatem especially in the Kings own Parliament and Supreme Court of Justice wherein himself and his Nobles only sit as supreme Iudges not the Commons as a distinct Court and independent Judicature of themselves as some would fancy them in their Utopian brains and practises much less can they â—eâ—â—ude vote down any Members of the House of Peers or the whole antient House of Lords or dishinherit them of their Birthrights as some furious Bedlam Members of a dismembred dissolved House of Commons have most insolently and injuriously without hearing trial against their own Acts Declarations Protestations Vowes Covenants Commissions Trusts attempted to intrude themselves into their places and Tribunals and make themselves more than Lords and Caesars not only over their Fellow-Commoners but our Kings Peers Parliaments and Kingdomes which they have trampled under their Papall feet and metamorphosed at their pleasures into sundry mishapen mutable unsetled new models to our apparent approaching ruine if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations 20. That if the forcible seclusion or disturbance of any Lord or Member of the Lords House duly summoned who ought of right to sit vote in the Lords House be so great a breach of Priviledge Injury as I have evidenced then the forcible suppression seclusion of all the ancient Peers and House of Lords by any real or pretended Members of the late House of Commons contrary to the expresse Clauses Formes of all ancient Writs and the very writs in 16. Caroli without any legal jurisdiction hearing triall must needs be a greater breach of trust Priviledge Injustice in them fit to be redressed for the future peace Justice settlement of our distracted Nations and restoring our Parliaments to their pristine Splendour Honour ends uses for the redressing of all publick Grievances If any Republicans Army Officers New Grandees or others here object as some now do That it will be both perillous and inconvenient to the Subjects the House of Commons and its Members to restore the ancient Lords and House of Peers to their pristine Rights Priviledges Jurisdiction Judicature over them in that latitude I have asserted evidenced it by Histories and Records in my Plea for them without prescribing some new just bounds and regulations unto them by the Commons House I answer 1. That the Lords being the only original ancient Members of our Great Councils Parliaments many hundreds of years before any Knights Citizens Burgesses or House of Commons were called admitted to them by the King and House of Lords and receiving no power Judicature or Jurisdiction at all from the Commons but what they have of right enjoyed exercised in all precedent ages without the least complaint opposition or contradiction of the Commons in any former Parliaments before 17. Caroli The Commons have no more authority right reason â—urisdiction to limit or restrain this their ancient right Judicature Priviledge much lesse to abrogate then the Grand or Petty Jury have to limit regulate the Judges or Justices Commissions Authority on the Bench or the Tenants the Jurisdiction of their Lords Courts or every Committee of the Commons House the Excesses of the House it self or the Unparliamentary Iuncto which voted them down and engaged against them without the least colour of Jurisdiction Law reason hearing impeachment triall had to usurp such a transcendent power over them not to be paralelld in any age nor now approved by assenting to it 2ly That the old Lords and House of Peers in no cases ever exercised such an exorbitant arbitrary tyrannicall Jurisdiction Illegall power in all kinds as the Commons House and every of their Committees and Sub-Committees of Examinations Sequestrations Compositions Sale of Delinquents estates Crown Lands Obstructions Appeales Scandalous Ministers and High Courts of Iustice have done without the least Report to the House it self of their proceedings both over the King and his Posteritie the Peers of the Realme their fellow Members secluded secured imprisoned close imprisoned ejected exiled by them without any cause or hearing at all and their fellow Commoners of all sorts deprived of their Inheritances Estates Offices Liberties Callings Lives and the benefit of the Lawes themselves for not taking their new Oathes and Engagements contrary to Law and their former legall Oathes Leagues and Solemn Covenant and Protestation wâ—â—hout a legal Indictment or trial by a Jurie of their equalls or witnesses viva voce upon Oath since their slighting suppressing of the old
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by