THE SECOND PART OF A BRIEF REGISTER AND SURVEY Of the several Kinds and Forms of Parliamentary VVrits COMPRISING The several Varieties and Forms of Writs for electing Knights Citizens and Burgesses for Parliaments and Great Councils issued to Sheriffs of Counties only with the antientest Returns of these Writs by Sheriffs yet extant on Record from 49 H. 3. til 22 E. 4. amongst the Records in the Tower intermixed with other rare Writs pertinent to this subject and some Writs of Prorogation and Re-sommons with special usefull Annotations and Observations on them after most of these Writs recitals for the Readers information Wherein the Original of the Commons House and elections of Knights Citizens Burgesses and Barons of Ports to sit in Parliament is infallibly evidenced to be no antienter than 40 H. 3. the Presidents and Objections to the contrarie answered The Original of antient Boroughs and how many they were under King Edward the 1. 2 3. discovered The power of the Kings of England in creating new Boroughs by Charters or Writs augmenting diminishing the number of Knights Burgesses Members of the Commons House and altering the Forms of Writs of Summons without a Parliament The inability of the Commons House to eject or censure any one of their Members much less the major part as now without the King or House of Lords concurrence and Judicature and the inconsistency of force and armed Gards with Parliaments freedom are fully evidenced Some grosse mistakes touching Parliament Writs and Members refuted with many other Rarities concerning Parliaments By William Prynne Esquire a Bencher of Lincolns-Inne Jer. 6 16. Thus saith the Lord stand ye in the waies and see and ask for the old paths where is the good way and walk therein and ye shall find rest for your Sou's but they said We will not walk therein LONDON Printed by T. Childe and L. Parry and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. To the Reader Courteous Reader LEt it seem neither strange nor injurious nor unreasonable or unseasonable to thee that I now publisâ—… only one single Section and Fragment of the severaâ—… Forms of Writs for electing Members of the Commons House in Parliament without the remaining Sections I at first intended to accompany it to make it compleat when as a very small Fragment of the old Commons House not the full Tenth part of it after theiâ—… own double forcible dissipation by the Army haâ—… by their own special command forcibly excluded all tâ—… old secluded Members being above 200. by armâ—… Gards not only out of the House but Lobby too Dâ—…cemb 27. and voted them quite out of the House tâ—… 5th of January 1659. without the least accusation 〈◊〉 hearing behind their backs though ready to justifâ—… themselves face to face against all Objections contrary 〈◊〉 all Laws of God Nations and the Land whiâ—… judge and disfranchise no man how criminal or vâ—… soever before he be heard have his Accusers faâ—… to face and have license to answer for himself coâ—…cerning the crimes laid against him It seemiâ—… unreasonable even in the judgments of mere Paganâ—… to imprison or condemn any person and not withâ—… to signifie the crimes laid against him The only groâ—… of this their Unparliamentary bruitish Vote withâ—… any crime cause or particular Members names exprâ—…sed in it is our voting the Kings Concessions upâ—… the Propositions to be a Ground for the House proceed upon for the settlement of the peace of tâ—… Kingdom according to our Trusts Judgements Câ—… sciences after 3. daies and one nights debate without 〈◊〉 viding the House when there were above 300. Members present for which Vote alone Decemb. 5. as it now appears they then gave secret Orders to the Army Osficers to secure 45. and seclude above 200. more Members Dec. 6 7. 1648. and since that to re-sâ—…clude them May 7 9. and Decemb. 27 1659. placing trâ—…ble Gards at the door January 5. when they passed their vote to discharge disable them from sitting to keep them out if they then attempted to enter Had this bin only a sin of Ignorance or private Injury we should with patience and Christian charity have pretermitted and remitted it with our Saviors prayer Father forgive them for they know not what they do but being a wilsull malicious unatural crime against not only their Fellow-Members contrary to all rules of Iustice Nature and the Gospel it self resolving That there should be no Schism in the Body of the House or Parliament no more than in the natural Body but that the Members should have the same care one of another and whether one Member suffer all the Members suffer with it but also the highest injury and affront to all those Counties Cities and Boroughs they represent and a new kind of Gupowder-Treason to blow up all English Parliaments foundations Rights Privileges Members and the fundamental Government Laws and Liberties of the people in succeeding generations if connived at not fâ—…lly viâ—…dicated being 6. several times or more impenitently perpetrated by them the last after their own late double dissipations by divine retaliation which they so highly resented as Treasonable and Flagition in Cromwell and Lambert seconded with an old and new Engagement and Oath of Abjuration which some of them have already taken intend to obtrude upon the Consciences of our 3. Nations to send them down quick into Hell if taken or ruine them in their Liberties Properties if denied I cannot but look upon it as a kind of sin against the Holy Ghost which I fear some of these desperadoes have wellnigh arived unto which shall never be forgiven to men neither in this world nor in that which is to come The rather because they arrogate to themselves the Name Power and Judicature of THE PARLIAMENT no lesse than 5. times in this short Nonsence Vote when as they are not the Tithe of a Commons House and no Parliament at all without the King and House of Lords have not the least legal Jurisdiction to seclude or vote out any one Member without the Kings or Lords concurence whom they have engaged against abjured secluded against the very Act by which they pretend to sit who were a Parliament alwaies without a Comons house til 49H 3. without whom they can now Enact Vote Order nothing that is valid or Obligatory to the secluded Members or people as this and the former part of my Register and Plea for the Lords will inform those Ignoramusses in Parliamentary proceedings who think they may act enact and vote what they please against all rules of Justice the Laws of God and the Land and our whole Nation the reason and end of its present publication If they or any others shall receive any New-light from these new unknow Antiquities to reduce the over-swelling House of Commons within its antient bounds of loyalty and sobriety for the peace and
and commission for themselves and the several Comminalties of the Counties Cities Boroughs for which they serve to hear do and consent to such things as shall happen to be ordained by common advice and counsel in those Parliaments which ought to be comprised in the returns of their elections 6. That all old and new Knights Citizens and Burgesses elected for this Parliament were enforced to put in Manucaptors to appear at the day prefixed who are expressed in all the Sheriffs returns 7. That these old Knights Citizens and Burgesses summoned to this new Parliament are by a special Clause in the writ of Summons it self ordered to receive their reasonable expences in coming to abiding at and returning from the Parliament from the Commonalties of the Counties Cities and Burroughs for which they served for which they usually had special writs only at the conclusions of Parliaments there being no such clause in any writ of Summons I have seen but thiâ—… alone That no Sheriffs in their returns make any mention what they had done touching the levying of their wages but the Sheriff of Glâ—…cester only Of which more in its proper place 8. That the Sheriffs of those Counties wherein there were Forests had one Clause in their writs to make publike proclamation in their Counties that all such who had lands or tenements within the bounds of any Forest should appear before the King in Parliament to shâ—…w their reasons and exceptions against the perambulation if they had any which was accordingly executed by such Sheriffs which Clause was totally omitted out of the Writs to those Sheriffs within whose Counties there were no Forests 9. That there is no mention of any writs of Summons in this Roll issued to the Warden of the Cinque-ports to summon and elect any Barons of those Ports to come to this nor to the two precedent Parliaments 10. That though there is special mention made in the writs to the Clergie of the Kings Counsil and other Assistants summoned to this Parliament at Lincoln of a Conference and Treaty to be had in this Parliament at Lincoln concerning the right and dominion of the King and his Ancestors Kings of England to and over the Realm of Scotland yet there is no recital of it in these writs to the Sheriffs nor in those to the Spiritual and Temporal Lords There were two special writs more issued to the two Justices of the Forests beyond and on this side Trent to summon all the Foresters under them to this Parliament Of which in its proper Section in due time I find no more Bundles of Writs for elections issued to Sheriffes now extant in the Tower during the reign of Edward the 1. only the transcripts of some of them are in the Clause Rolls ensuing The next writ of this nature is that of Clause 30 E. 1. dorse 9. Rex Vic. Ebor. salutem Quia super diversis arduis negotiis Nos et Statum Regni nostri ac pro commodo securitate ejusdem Regni Parliamentum in prox festo Sancti Michis London duximus statuend Tibi praecipimus firmiter injungentes quod de Com. praedicto duos Milites et de qualibet Civitate duos Cives et de quolibet Burgo duos Burgenses de discretioribus ipsius Comitatus sine dilationeeligi et ad Nos venire faciatis ad diem et lâ—…cum praedictos Ita quod dicti Milites pro Communitate Com. praedicti c. tunc ibidem habeant sufficientem potestatem ad faciend quod tunc de Communi consilio ordinabitur in praemissis Et habeas ibi nomina Militum Civium Burgensium et hoc breve Teste Rege apud Westm. 20 die Julii 28 die August Consimiles Literae diriguntur singulis Vicâ—…omit per Angliam Et ubi est unus Vic. duorum Com. dicitur sic quod de utroque Com. praedictorum duos Milites c. ut supra It is observable First That this Parliament was called as well for the benefit and security of the people of the Realm as for the weighty affairs of the King and kingdom 2ly That de discretioribus is the only qualification required in the Knights Citizens and Burgesses to be elected 3ly That they were to have sufficient power for the Commonalty of the Counties Cities and Burroughs for which they were chosen only ad faciend quod tunc de Communi Consilio ordinabitur in praemissis 4ly That some were Sheriffs of two Counties at once usual in former times and that they had only one writ issued to them to elect two Knights c. in each County c. which they severally returned Claus. 30 E. 1. dors 7. There are other writs issued Uic Ebor. singulis Vicecom per Aâ—…gliam T. Rege apud Lewes 13. die Septembr agreeing in form with the precedent The next is entred Claus. 32 E. 1. dors 2. Rex Vic. Ebor. c. Quia pro quibusdam c. usque tractatum Tibi praecipimus c. quod de Com. praedict duos Milites de c. de discretioribus ad laborand potentioribus sine dilatione eligi c. Ita quod dicti Milites plenam sufficientem potestatem pro se et Communitate Com. praedicti c. divisim ab ipsis tunc ibidem habeant ad faciend quod tunc de Communi Consilio ordinabitur in praemissis Ita quod pro defectu hujusmâ—…di potestatis negotia praedicta non remaneant infacta Et habeas c. Teste ut supra Consimiles literae diriguntur singulis Uic per Angliam Claus. 33 E. 1. dors 10. 20. There are no writs to Sheriffs entred with the rest to the Spiritual and Temporal Lords either of Summons or Prorogation but a space left for their entry with other Writs then omitted Cl. 34 E. 1. d. 2. There is a writ at large entred Vicecom Ebor. agreeing in form with the last recited with like writs singulis Vicecom per Angliam but in Cl. 35 E. 1. d. 13. there are no writs to the Sheriffs entred nor yet to the Spiritual but only to the Temporal Lords Claus. 1 E. 2. dors 19. Claus. 2. E. 2. dors 11. there are writs entred at large Vic. Ebor. and Claus. 4 E. 2. dors 2. Vic. Kanc. with Consimiles literae singulis Vic. per Angliam after every of them agreeing all in form with the precedent writs and their dates recitals are the same with those to the Spiritual Lords forecited Part 1. Sect. 1 2. In the Parliament of 2 E. 2. at Westminster the King requesting an Ayde from the Commons then elected by his writs they granted him the 25 part of their goods upon this Condition that he would answer and redress their grievances which they then presented and reduced to 11. Articles and prayed the King in a modest manner to redress if he pleased who thereupon promised them relief therein and accordingly gave answers to them in his next Parliament at Stanford thus recorded in Claus. 3
d. 27. Rex dilecto et fideli suo Roberto de Retford salutem Nuper vobis ex parte nostra suit injunctum quod una cum caeteris de Consilio nostro in praesenti Parliamento nostro London ad tractandum ibidem super diversis negotiis Nos et Statum regni nostri tangentibus moram continuam faceretis quousque aliud inde praecipissemus Vosque mandatum nostrum in hac parte minus justè ponderantes à dicto Parliamento caeteris de Consilio nostro ibidem circa dicta negotia nostra tractantibus ad alias partes vos elongastiâ—… unde admiramur non modicum et merito conturbamur Vobis igitur mandamus in fide qua Nobis tenemini sirmiter injungentes quod statim visis praesentibus omnibus aliis praetermissis ad dictam Civitatem cum omni festinatione accedatis ibidem cum caeteris de Consilio nostro super dictis negotiis tractaturi vestrumque Consilium impensuri et exinde sine licentia nostra speciali durante Parliamento praedicto nullaten us recedatis Et hoc ficut indignationem nostram vitare volueritis nullo modo omittatis T. Rege apud Haddelye 12 die Septembr Per Consilium Eodem modo mandatum est subscriptis viz Willo de Ormesby Rico de Bereford Henrico de Staunton Johi de Mitford Henrico le Scrop Henrico de Guldeford Willo de Colneye Willo de Goldington Johi de Insula Johi de Doncastr Johi Lovell de Snotescumbe Rico de Rodeneye Johi Cheynel Willo de Bourne Johi de Batesford Rogâ—…ro de Scotre 3ly It necessitated the King to adjourn the Parliament till a further time and much hindred the publike affaires of the King and kingdom which should have been dispatched therein as is evident by the writ of Prorogation Cl. 5 E. 2. dorso 17. And what sadder effects such armed tumults and Souldiers have of late years produced not only to the disturbance of the publike peace and affairs of the Realm and Parliament but to the very ruin of the King Parliament kingdom Lawes Liberties themselves we have seen by sad experience Therfore we should use all good and effectual means for the future prevention of such tumults armed powers and mischiefs when and where any Parliaments are convened The next Writs are in Claus. 4 E. 3. dors 19. Vic. Northumbr recited at large with Cons. literae singulis Vicec per Angl running all in the ordinary form having the same recitals and dates with those to the Prelates forecited Section 1. But in Dors. 13. of this year I find this memorable Writ of Proclamation issued to all Sheriffs cf Countles after the Writs of Elections sent unto them to direct them and the people what persons they should then elect for their Knights and inviting all that were grieved by the Kings Officers to complain against them in Parliament to the King himself or such as he should appoint who should give them full and speedy relief There being the like Writs formerly issued to them by King Edward the first Claus. 17 E. 1. dors 2. Quod Vit. singuli venire fac illos qui de Ministr Rs. conqueri voluerint quod veniant apud Westm. coram certis Justiciariis assignandis to exemine and redress all offences misdemeanours and oppressions dum Rex erat extra Regnum Le Roy a Viscount de Lancastr falutz Pur ce que nous avomous entendues que diverses oppressions et duretes ount este faits sur plusours gentz de nostre Roilme per acunes q'uont estre nos Ministers en diverses Offices et auxint per acunes gentz de nostre Rollme auxibien Nouz consealers come autres tant come nous besoigne per reason de la tendernes de nostre age ount este meney per acunes gentz a damage et dishonor de nouz la quelle chose nous ne voloms desore soeffrer et nos avoms mult grant desire que tiels choses fuissent mâ—…s en estat due et les tortes et misprisions redresses Vous mandoms et chargeâ—…nt en la foi que vous nous devoz que hastiment sanz delay faitz crier per mi vostre bailive auxibien deinz Franchise come dehors que toutz ceux que se vodroint pleindre des oppressions duretes ou autres grievance a eux faitz countre droiture et les loyes et les usages de nostre Roilme veigne it a Westm. a cest nostre prochein Parlement et monstrent illeoqes lour plaints a nous ou a ceux que nous ferront a ce deput et nous lour feroms fair covenable et hastiâ—… remede dont ils se devient aggreer per reason Et pour ce que avant ces heures ascunes des Chivalers qe sont venus as Parlements pour les communautes des countees ount estre gentz de coveigne et maintieners des fauses querels et nount mi seoffree que les bones gentz poient monstrer les grievances du comune poeple ne les choses que deuseant avoir este redresses en Parlement a granâ—… damage de nous et de nostre poeple vos mandoms et chargeoms qe vous faces eslier per come assent de vestre Counteâ—… deux des plus leaux et plus suffisouns Chivalers et Sergeantz de mesme le Countee que soient mi suspiciouns de male coveigne ne communes meinteirâ—…ours des parties d'estrez a nostre Parlement selonc le forme de nostre mandement que vous en aves Et ceo ne lessez si come vous voilliez eschuer nostre grief indignation Don a Woodstock le triers jour de November per ipsum Regem Eodem modo mandatum est singulis Vic. per Angl. A fit Writ to be now revived The next writs are those in Claus 5 E. 3. dors 7. Rex Vic. Eborum salutem Cum pro magnis arduis negotiis Nos statum aâ—… regimen Regni nostri specialiter contingentibus de consilio Praelatorum Magnatum Nobis assistentium ordinavimus Parliamentum nostrum apud Westm. in crastino sancti Michaelis prox futur tenere cum Praelatis Magnatibus Proceribus dicti Regni habere Colloquium Tractatum Tibi prâ—…cipimus firmitâ—…r injungentes quod de dicto Com. duos Milites de qualibet Civitate Com. illius duos Cives de quolibet Burgo duos Burgenses de discretioribus ad laborandum potentioribus eligi eos ad dictos diem locum venire facias Ita quod dicti Milites plenam sufficientem poâ—…estatem pro se pro communitate Com. praedicti dicti Cives Burgenses pro se communitate Civitatum Burgorum divisim ab ipsis habeant ad faciend consentiend biis quae tunc de communi Consilio favente Domino ordinari contigerit super negotiis antedictis Ita quod pro defectu potestatis hujusmodi dicta negotia infecta non remaneant quovis modo Et habeat ibi nomina
Sheriffs Rex Vic. Kanc. c. Quia super quibusdam arduis c. Parliamentum nostr apud Westm. c. tenere ordinavimus cum Praelatis Magnatibus Proceribus dicti Regni Colloquium habcre Tractatum Tibi praecipimus c. Quod de Com. praedicto duos Milites c. de discretioribus Melioribus et Ualidioribus Militibus Civibus Burgensibus eligi eos ad dictum diem locum venire facias Ita quod iidem Milites pro se communitate Com. praedicti dictique Cives Burgenses pro se c. plenam sufficientem potestatem ab ipsiis communitatibus habeant ad consentiend hiis quae per Nos ac dictos Praelatos Magnates et Proceres ordinari contigerit favente Domino Et hoc sicut te indempnem servare voluer is nullatenus omittas habeas ibi nomina Militum c. The writ to the Warden of the Cinqueports runs likewise in this form de quolibet Portu portuum praedictorum duos Barones de melioribus validioribus discretioribus Baronibus without any other variation from the usual form The self same clauses are in both these writs in Claus. 37 E. 3. dors 22. claus 38 E. 3. dors 3. claus 39 E. 3. d. 2. claus 42 E. 3. dors 22. claus 43 E. 3. dors 24. all in the self-same form and words From these writs it is observable 1. That the best ablest and discreetest Knights Citizens Barons ought to be elected and summoned to Parliaments and that the King may command require such to be chosen by his writs without any prejudice to or intrenchment upon the peoples libertie and freedome in elections who are obliged in prudence reason duty conscience only to elect such persons 2ly That all Knights Citizens Burgesses Barons of Ports ought to have full and sufficient authority from the Commonalties who elect them both for themselves and them to consent to those things which the King Lords and Nobles shall ordain in Parliament concerning the great and weighty affairs of the Realm 3ly That the power of decreeing and ordaining things in Parliament whether publick or private resided principally if not soly in the King and Lords and of assenting to them in the knights Citizens Burgesses and Barons of the Cinque ports in their own and the Commons behalf 4ly That Sherifs may be justly punished and censured by the King for neglects or miscarriages in elections of Knights Citizens and Burgesses The Writs for elections issued to Sheriffs in Claus. 37 E. 3. d. 22. cl 38 E. 3. d. 3. cl 39 E. 3. d. 2. cl 42 E. 3. d. 22. cl 43 E. 3. d. 24. run all in the ordinary form Quod de Com. praedicto duos Milites c. de melioribus valentioribus or validioribus or valentioribus discretioribus Militibus Civibus Burgensibus Com. Civitatum Burgorum praedictorum eligi c. facias The original Writs for elections An. 42 E. 3. are yet extant in a loose unfiled bundle with their several returns indorsed on or annexed to them where the Knights Citizens and Burgesses elected and returned are in the returns said to be de melioribus valentioribus et discretioribus Militibus Civibus et Burgensibus of the respective Counties Cities Boroughs for which they are returned and to have plenam et sufficientem potestatem pro se et communitate dicti Com. Civitatis or Burgi respectively ad consentiendum hiis quae in instanti Parliamento contigerit ordinari I shall here present you with this brief abstract of the Writs and the several returns then made Bundle 42 E. 3. Rex c. Duos Milites c. de melioribus valentioribus Discretioribus Militibus Civibus Burgensibus Com. Civitatum et Burgorum praedictorum eligi c. Teste meipso apud Westm. 24 die Febr. Anno Regni nostri 42. Nomina Militum de Com. Westmerl Henr de Croweld senior Iohes de Preston Nomina Burgensium de Appelby c. Sir Thomas de Strickland Vic. Ego Walterus Haywode Vic. vobis fic respondeo prout patet inferius et in Cedula huic consut Pro Burgensibus Burgorum de la Vize Marleberghe Malmesbury ego dictus Vic. vobis significo quod mandavi Willo Baggeswych Ballivo libertatis Phe. Reginae Angliae cui executio hujus brevis pro dictis Burgensibus venire fac pertinet faciend qui quidem Ballivus michi nullum inde dedit responsum Et pro Burgensibus Burgi de Bedewpride ego dictus Vic. vobis significo quod mandavi Jobi Hommede Ballivo Libertatis Radi Cornitis Stafford de Hundredo suo de Kynnwardeston cui executio hujus brevis pertinet faciend pro dictis Burgensibus venire fac c. Qui quidem ballivus michi nullum inde dedit responsum Two Knights for the County two Citizens for New Sarum two Burgesses for old Sarum two Burgesses for Wilton are returned by the Sheriff with two manucaptors names for each of them Two Knights with two manucaptors Nullae sunt Civitates infra ballivam meam Nomina Burgorum Dounhenedburgh 2. Liskyedburgh 2. Lostwythiel Burgh 2. Trurou Burgh 2. Hellestonburgh 2. Bodmynburgh 2 Burgesses with two manucaptors apeece Berks two Knights Redyng Walyngford two Burgesses for each with two manucaptors for every of them Two Knights Wycombe 2. Burgesses with two manucaptors returned for every of them Two Knights Colecestre two Maldon two Burgesses all having two manucaptors but the last Burgess for Maldon who hath none Nomina Militum Com Gloucestr elect Iohes Tracy Iohes Poyns qui manucapti sunt per two only Nomina Burgorum Villae Glouc. 2. pro Villa Bristol 2. having but two manucaptors for both Knights two Citizens two for Cant. two for Rochester with two manucaptors apeece No Burgesses Knights two Burgesses two for Leicestr two manucaptors returned for each Non sunt plures Civitates vel Burgi infra Com praedict Knights two Burgesses two for Derbe with two manucaptors for each Knights two with two manucaptors apeece Non sunt in eadem Balliva aliqua Civitas nec Burgus Knights two only returned with two manucaptors no Burgesses for Hertford or St Albans Knights two Burgesses two for Notyngham with two manucaptors for each Knights two Burgesses 2. for Warwycke with two manucaptors for every of them Non sunt plures Civitates nec Burgi infra Com. praedict Vic. Surry et Sussex There was then but one Sheriff for both these Counties who had two writs filed and returned together for both Counties in one Cedula Knights two for Surrey Burgesses for Guldeford 2. Ryegate 2. Sutbwerke 2. Bleccbynglegh 2. with two manucaptors for every of them Sussex two Knights Cives Cicestriae two Burgenses Arundel 2. Horsham 2. Estgrenstede 2. Lewes 2. Shorbam 2. Stenyng and Brembre 2. with two manucaptors apeece Knights 2. Cives 2. for Hereford Burgenses Leominstre
2. with two manucaptors for each Knights two Cives Exon. two Burgenses Dertemuth 2. Tottes 2. Plympton 2. Tavystoke 2. Chesing Collyton 2. Barnstable 2. Knights two Burgesses two for Oxon vvith two manucaptors for each Knights two Burgesses two for Bedford with two manucaptors Somerset and Dorset had but one Sheriff for both Counties yet two Writs which are filed and returned in one Cedule Somerset Knights two Burgenses Villae de Brigge-water 2. de Taunton 2. two manucaptors for each Dorset Knights 2. Burgenses Brideport 2. Dorchestre 2. Waymouth 2. Melcomb 2. Warham 2. Villae de la Poule 2. with two manucaptors for each Knights two Cives Lincoln two Burgenses Grymesby 2. with tvvo manucaptors apeece Norfolk and Suffolk had tvvo Writs but one Sheriff vvho returned them both together Norff Knights 2. Cives Norw 2. Burgesses 2. Len episcopi with two manucaptors magnae Jernemuth 2. Suff. Knights two Burgenses villae Gippewic 2. Donewich nullum dedit responsum Two Knights and two Burgesses for Northampton without any manucaptors returned for either Two Knights Cives Wygorn with two manucaptors for each Non sunt in Balliva mea alii Civitates vel Burgi Milites two Cives two Karliol without any manucaptors Non sunt plures Civitates nec aliqui Burgi in Balliva 〈◊〉 Knights two Cives two for Wynton Burgenses Portesmouth two Four Citizens returned without any manucaptors Two Knights with two manucaptors Cives two Ebor. Burgenses Scardeburg 2. Kingestone 2. with two manucaptors for each Two Knights with two manucaptors and two Burgesses for Stafford All the rest of the writs during the reign of King Edward the 3d. but those of 42. are lost mislay'd or through carelesness lye as many other Records still do in a confused heap in the white Tower quite neglected over-spread with cobwebs dust mothes and cankers being never yet reduced into order through the sloathfulnesse or negligence of those who should preserve and digest them into a usefull regulation for the publique benefit of the present and future Ages The writs for elections to the Sheriffs in claus 44 E. 3. dorso 12. are thus altered in form from the last writs in some particulars of note Rex Vic. Kanc. salutem Quia super quibusdam arduis urgentibus negotiis Nos statum defensionem Regni nostri Angliae ac jura Coronae nostrae concernentibus Parliamentum nostrum apud Westm. die Lunae in prima Septimana Quadragesimae viz. in festo sancti Mathiae Apostoli tenere ordinavimus cum Praelatis Magnatibus Proceribus dicti Regni Colloquium habere Tractatum Tibi praecipimus firmiter injungentes quod de Com. praedicto duos Milites gladiis cinctos et in armis et actibus armorum magis probatos et circumspectos et discretos de qualibet Civitate ejusdem com duos Cives de quolibet Burg. duos Burgenses de melioribus validioribus discretioribus Militibus Civibus Burgensibus Comitat. Civitatum Burgorum proedictorum eligi eos usque Wesim. die Sabbati in festo sancti Petri ad Cathedra prox futur venire facias ibidem et tunc durante Parliamento praedicto continue moraturos Ita quod iidem Milites pro se communitate Com. praedicti dictique Cives Burgenses pro se et communitate Civitatum Burgorum praedictorum plenam sufficientem potestatem ab ipsis Comimunitat habeant ad consulend et consentiend hiis quae per Nos et dictos Praelatos Magnates et Proceres fieri et ordinari contigerit favente Domino super negotiis antedictis Et hoc â—…cut teipsum indempnem servari volueris nullatenus omittas Et habeas ibi nomina Militum Civium Burgensium hoc breve Teste Rege apud Westminster octo die Januarii Consimilia brevia diriguntur fingulis Vicec per Angliam From whence it is observable 1. That in times of war and danger when Parliaments are summoned for the necessary defence of the Realm and Rights of the Crown Knights who are most approved skilfull circumspect and discreet in matters of Arms and war and the best ablest and wisest men may be prescribed by the Kings writs to be elected in such general terms as these and are fittest to be chosen by the Commonalty in all Counties 2ly That Knights Citizens and Burgesses when elected and summoned to Parliaments ought not only to be admitted freely into but to continue constantly in them without suspention ejectioÌ„ by their fellow Members or others not to depart from them 3ly That none can licenso or dispence with their departures from Parliament but the King or at least with his privity or consent 4ly That Knights Citizens Burgesses are to consult and advise well together of all publick businesses propounded to them or ordained by the King and Lords before they assent unto them 5. That they ought to have full and sufficient power from the Commonalty as well to consult of as consent to them There are no writs of Summons to a new Parliament extant in the Rolls of 45 E. 3. but this memorable Summons only of half the Knights Citizens and Burgesses elected and retorned the last Parliament before pertinent to my Theam and very observable which I shall here transcribe at large for its rarity out of claus 45 E. 3 m. 21 dors Rex Vic. Kanc. salutem Cum Comites Barones Magnates Communitas Regni nostri Angliae in ultimo Parliamento nostro apud Westm. tento in auxilium expensarum quas tam pro salvatione defensione Regni nostri Angliae Navigii ejusdem Regni quam pro expeditione guerrae nostrae Franciae noâ—… facere oportebit concesserint nobis quoddam subsidium viginti duorum solidorum trium denariorum levand percipiend de qualibet Parochia dicti Regni Ita quod quaelibet Parochia majoris valoris auxilians sit contributoria alteri Parochiae minoris valoris juxta ratum ea intensione quod dictum subsidium ad summam quinquaginta millium librarum se attingeret Et quia habita super levatione subsidii praedicti per Nos Consilium nostrum deliberatione diligenti videtur eidem Consilio quod dicti viginti et duo solidi tres denarii de qualibet parochia dicti Regni sic levandi ad dictam summam quinquaginta millium librarum per multum non attingunt sic verisimiliter formidatur quod nobis de dicta summa quinquaginta millium librarum ad terminos statutos juxta intentionem concessionis praedictae responderi non potest Nos volentes plenius informari super declaratione intentionis concessionis subsidii praedicti qualiter levatio ejusdem celerius fieri possit considerantes quod onerosum esset omnes Magnates Milites Cives Burgenses qui ad dictum Parliamentum nostrum de mandato nostro
any election of Knights by any of your seid Shires made or done by vertue of your seid Writ or Writs to every of your seid Beseechers direct And that your seid Beseechers and their Under-Sheriffs and Clarks and every of them be quite and discharged against your Liege-people of the penalties and forfeitures that they or eny of them be fellyn or may be chargeable by force of a Statute made the 23 year of your noble Reign as for occupying or exercising their seid Office longer than a year for every maner elections of Knights as well by force of your Writs as by force of your letters of Privy-seal as otherwise and for retorns of the same and for all maner retorns of Citizens and Burgesses in their several Shires for this present Parliament by every of them retorned before the last day of this present Parliament Provided alway that by this Act they nor none of them be excused or discharged of eny other offence or thing done by them in eny of their seyd Offices Alway forseyn that no man be amerced for eny suyt begon by him against eny of your seyd Beseechers to recover the seyd penalties for eny occupation of the seyd Office for the premises Le Roy le voet The occasion of this Petition and Act then passed is thus expressed in the printed Statute of 39 H. 6. c. 1. That divers Knights of Counties Citizens and Burgesses were named retorned accepted in this Parliament of 38 H. 6. some of them without any due or free election others without any election at all against the course of the Kings Laws and the liberties of the Commons of this Realm by vertue of the Kings Letters of Privyâ—…eal without any free election and that by the means labours of divers seditious and evil-disposed Persons only to destroy certain of the great faithfull Lords and Nobles and other faithfull Liege-people of the Realm out of hatred malice greedy unsatiable covetousness to gain their Lands Inheritances Offices and Estates For which undue elections the Sheriffs being purposely kept longer in their Offices than they otherwise should have been and fearing to be exemplarily punished by Actions upon the Statute brought against them thereupon they petitioned the King and procured this Act of Parl. for them and their Under-sheriffs present and future indemnities for these illegal Elections and retorns of persons unduly elected or nominated by the King alone without any election by the people for which misdemeanor of theirs this whole Parliament and all Acts made therein were repealed and made void the very next year and Parliament following 39 H. 6. c. 1. from whence I shall observe 1. That no Sheriffs or Officers can be secured in dempnified against undue elections and retorns of Knights Citizens and Burgesses nominated to them by the King or any others but only by Act of Parliament 2. That such undue elections retorns as these are usually made by the procurement and labour of seditious and evil-disposed persons out of malice hatred or insatiable covetousness and for pernitious ends and designs 3ly That Parliaments unduly elected and packed by policy or power prove alwaies abortive and are repealed as void and pernitious in conclusion of which we have seen pregnant instances in this and other late Parliaments worthy our saddest considerations Vsefull Observations in and from the precedent Section FRom these recited Writs I conceive it to be most clearly and satisfactorily evidenced 1. That there were no Knights Citizens or Burgesses elected and summoned by Writs to our Great Councils and Parliaments before 49 H. 3. which I shall here further demonstrate by these punctual irrefragable Testimonies Presidents and Records under his Reign till this very year Anno 1221. the 5 of Henry 3d. Convenerunt Magnates Angliae ad Regem apud Westmonasterium ut de negotiis regni tractarent After which the King having suppressed the Welsh the same year and built a strong Castle at Montgomery disbanded his Army Concedentibus Magnatibus de quolibet scuto duo marcas argenti Anno 1223. the 7th of his Reign Rex Henricus in Octavis Epiphaniae apud Londonias veniens cum Baronibus ad Colloquium requisitus est ab Archiepiscopo Cantuariensi Magnatibus aliis ut libertates liberas consuetudines pro quibus guerra mota suit contra patrom suum confirmaret Anno 1224. 8 H. 3. Per idem tempus convenerunt ad Colloquium in Octavis sanctae Trinitatis apud Norâ—…amptonam Rex cum Archiepiscopis Episcopis Comitibus Baronibus aliis multis Lords Peers and others of his Counsel de regni negotiis tractaturi voluit enim Rex uti Consilio Magnatum suorum de terris transmarinis quas Rex Francorum paulatim occupaverat Anno 1229. 9 H. 3. the King demanding advice and an ayd of the fifteenth part of his peoples Goods to recover his forrein Territories Archiepiscopus Concio tota apud Westm. Episcoporum Comitum et Baronum Abbatum Priorum habita deliberatione Regi dedere responsum quod regiis petitioibus gratanter adquiescerent si illis diu petitas libertates concedere voluisset Whereupon he granted and confirmed the great Charter The same year Martio mense convenerunt apud Westmonasterium ad Colloquium Rex Angliae cum Magnatibus suis ubi Rex sententialiter jussit diffinire quid de proditore suo Falcatio suit agendum Proceres vero in hoc pariter consenserunt eo quod patri suo multis fideliter servierat annis ne de vita periclitaretur vel membris sed ut Angliam aeternaliter abjuraret omnes communiter addixerunt which was accordingly executed forthwith Anno 1226. 10 H. 3. venit interea terminus Concilii ad festum sancti Hillarii apud Westm. praesixus ubi Rex cum Clero Magnatibus Regni comparere debuerat ut Domini Papae mandatum audiret c. They meeting again the same year after Easter Rex convocatis seorsum Praelatis quibusdam Magnatibus hoc Archiepiscopo dedit responsum c. Anno 1229. 13 H. 3. fecit Rex conveniâ—… apud Westm. Dominica qua contatur misericordia Domini Archiepiscopos Episcopos Abbates Priores Templarios Hospitilarios Comites Barones Ecclesiarum rectores et qui de eo tenebant in capite but no Knights of Counties Citizens and Burgesses we read of ut audirent negotia memorata of Stephenâ—…ho â—…ho Popes Chaplain and Nuncio demanding an ayd against the Emperour from England Et de rerum exigentiis communiter tractarent ibidem h Anno 1231. 15 H. 3. convenerunt ad Colloquium apud Westm. Rex cum Praelatis et aliis Magnatibus Regni c. The King this year intending to mary the King of Scots Daughter indignantibus Comitibus et Baronibus suis unmersis because Hubert who was chief Iustice had maried the eldest Daughter he thereupon desisted from his purpose Anno 1232. convenerunt
hujus brevis prout continetur in praedicta Cedula which follows in this form Nomina Militum Com. Somerset et eorum manucaptores Robertus de Brent Miles Johannes de Wyk Miles To whose names he returns severally manucaptus est per two there named Nomina Civium Civitatis Bathon eorum manucaptores Henricus Baton Thomas le Mesteer who have 2. manucaptors ' apeece Nomina Burgensium ejusdem Com. de Burgo Taunton 2. with two manucaptors for each De Burgo de Brigges Walteri 2. with two manucaptors De Burgo de Welles 2. with two manucaptors De Burgo de Ivelcester 2. with two manncaptors De Burgo de Milleburne-port 2. with two manucaptors apeece The Writt to the Sheriff of Hertford and the return thereof is wanting in this Bundle and I have here for brevitie left out the names of most Citizens and Burgesses returned with their manucaptors names It is observable from these Writs issued to the Sheriffs 1 That there is no mention at all of the Bishops Abbots or Clergie summoned to this Convention at Yorke touching any Conference or Treaty there to be held with them but only cum Comitibus Baronibus Proceribus regni nostri who were only summoned thither as this writ imports the Clergy being then in a Praemunire and under the Kings displeasure as I conceive 2. That the Earls Barons and Nobles of the Realm were the only persons summoned Nobiscum locuturi super praedictis negotiis tractaturi And the Knights Citizens and Burgesses elected required and impowred only ad faciend quod tunc de communi Consilio ordinabitur in praemissis which full and sufficient power they were every of them to receive for themselves and the whole Commonalties who elected them from the said respective Commonalties by vertue of the Kings writ 3ly That the want of such a full and sufficient power might hinder and disappoint the execution of such businesses as were there appointed and ordained by common consent of the King and Lords 4ly That the word Parliamentum is not used in any of these writs 5ly That there is no Writ in this Bundle to the Constable of Dover and Warden of the Cinque-ports for electing any Barons for those Ports nor any returns made of them 6ly That the City of London had then a particular Writ directed to the Sheriffs thereof for the election only of two Citizens and no more I shall observe also from the Sheriffs returns of these writs 1. That the Knights in every shire were elected in the full County by and for the whole County from whom they received full and sufficient power ad faciend quod tunc ordinabitur secundum tenorem hujus brevis and that the Citizens and Burgesses were then elected and impowred by the respective Commonalties of the Cities and Burroughs for whom they served 2. That all the Sheriffs did then exact and receive from every Knight Citizen Burgesse thus elected and returned special manucaptors for his appearing at the day and place appointed by the writ whose names they returned some of them requiring they putting in 6. others 4. most of them two manucaptors apeece of good qualitie for their appearing though the writs particularly enjoyned them not to take any manucaptors ' from them And that by vertue only of this geueral clause in the writs Et eos ad nos ad praedictos diem et locum venire facias it being the usual legal way to cause them to repair to the King and Parliament at the day usual place prefixed in other writs which practice afterwards continued there being manucaptors returnd sound by most Knights Citizens Burgesses that I hav seen after the reign of King Edw. the 1. 2. till 12 E. 4. though many had none in later times 3. That of all the Knights Citizens and Burgesses elected and returned this year one or two of them only refused to finde manucaptors to wit John de Umfravill chosen one of the Knights for Devon which the Sheriff specially returns And Sir William Rous one of the knights for Bedfordshire as it seems whom the Sheriff thereupon distrained per octo boves et quatuor afros veniend coram vobis ad diem in brevi 4ly That the Sheriffs returns are various and different in their forms some more general brief some more full and punctual according to the contents of the writ some with Cedules annexed others on the dorse of the writs yet all accepted as sufficient and legal 5ly That some Counties in after times at this day have many more Boroughs sending 2. Burgesses apeece to Parliaments than they had in 26 E. 1. by new Charters fince purchased as appears by comparing these returns with those of later and present times 6ly That such Cities and Boroughs who had returns of writs made their own returns of their Citizens and Burgesses elected with their manucaptors to the Sheriffs and that such of them who made no elections nor returns upon the writs were returned as defalters by the Sheriffs 7ly That Bristoll was within the County of Gloueester and its Burgesses and manucaptors returned amongst others of that County till afterwards made a County within it self 8ly That Bath in 26 E. 1. was a City and elected two Citizens with manucaptors and Wells then only a Borough electing and returning two Burgesses 9ly That some of the Knights returned have the word Dominus prefixed before not following after their names which shews they were only titular not real Lords perchance the sons of Lords which are so stiled As none of the writs to the Sheriffs are entred in the Clause Roll of 26 E. 1. so I finde no other writ of Summons to the Spiritual or Temporal Lords registred therein but only this to the Archbishop of York which I omitted in the first Section and shall here insert Claus. 26 E. l. d. 12. Rex Ven. in Christo Patri W. eadem gratia Archiep. Ebor. salutem Quia super quibusdam arduis negotiis Nos et statum Regni nostri tangentibus Vobiscum habere volumus Colloquium et Tractatum Vobis mandamus in fide et dilectione quibus Nobis tenemini firmiter injungentes quod ad Nos usque Westm. personaliter accedatis Ita quod omnibus modis sitis ibidem die Dominica in Ramis Palmarum prox futur ad ultimum super dictis negotiis locuturi et etiam tractaturi Et hoc nullo modo omittatis Teste Rege apud Sandwycum 15 die Martii Consimiles literae diriguntur subscriptis viz. Sc. London Episcopo Magistro Roberto de Radeswell Archidiac Cestr. and 20 others of the Kings Counsil without any other Spiritual or Temporal Lords In 27 E. 1. I finde a writ issued to the Archbishop of Canterbury with a De Parliamento tenendo in the margin of the Roll though the writ and Postscript declare it to be but a private Counsil which I have already presented you with Part 1. p. 10 11. there
writs that the first shall be Knights by order or at least Armigeros digniores probiores in actibus armorum magis expertos discretos The later of them such qui in navigio exercitio mercandizarum notitiam habent meliorem which were fitting qualifications considering the times wherein they were inserted into these Writs 2ly That there were express prohibitory clauses in these writs to inhibite the elections of any persons not thus qualified non alterius conditionis relating to the Knights and Esquires and last clause in the Writ Nolumus tamen quid tu c. aut aliquis alterius conditionis quam superius specificatur aliqualiter sit electus which was grounded on the Ordinance of Parliament in 46 E. 3. and manifests the antient power and Prerogatiue of our Kings to prescribe to their Subjects what kind of fit persons they ought to elect and to prohibite the choyce of any others not so qualified when they are proner to make undue elections of mean indiscreet unable and unfitting Knights Citizens Burgesses Barons to the prejudice of the publick 5ly That though our Kings cannot prescribe to their subjects what particular persons they shall elect being inconsistent with the freeness of elections the Stat. of 3 E. 1. c. 5. an apparent incroachment on their liberty and a ready means to pack Parliaments at their pleasure to effect their own private end oppres enslave their subjects yet their prescribing of just and fitting qualifications in the general in all persons to be elected and inhibiting the choyce of any not so qualified is no incroachment upon their libertyes and freedom in elections as this Writ and others and the forecited Ordinance doth evidence The next Writs to Sheriffs for electing Knights Citizens and Burgesses are those in Clause 47 E. 3. dors 13. cl 49 E. 3. d. 4 6. cl 50 E. 3. p. 1. d. 6. running all in this form Rex Vic. Kanc. c. Quod de comitatu tuo duos Milites gladiis cinctos magis idoneos et discretos de qualibet Civitate Com. illius duos Cives de quolibet Burgo duos Burgenses de discretioribus magis sufficientibus eligi c. with this prohibition in the close of all these Writs Nolumus autem quod tu vel aliquis alius Vicecomes Regni noctri praedicti aut aliquis altertus Conditionis quam superius specificatur aliqualiter sit electus Et babeas ibi nomina praedictorum Militum Civium Burgensium hoc breve The writs to Sheriffs for the election of Knights Citizens and Burgesses in cl 1 R. 2 d. 37. cl 2 R. 2. d. 13. 29. cl 3 R. 2. d. 27 32. cl 4 R. 2. d. 32. cl 5 R. 2. d. 12. 40. cl 6 R 2. p. 1. d. 4 17 37. cl 7 R. 2. d. 10 37. cl 8 R. 2. d. 35. cl 9 R. 2. d. 45. cl 10 R. 2. d. 42. cl 11 R. 2. d. 13. 24. have all the same prohibitory clause nolumus autem c. as the last writs in King Edward the third his Reign But in the writ of claus 12 R. 2. d. 42. these words aut alterius conditionis quam superius specificatur are omitted out of the Nolumus autem In all the Writs of Claus. 13 R. 2. pars 1. d. 6. they are again inserted But in the writs of Cl. 14 R. 2. d. 42. cl 15 R. 2. d. 37. cl 16 R. 2. d. 32. cl 17 R. 2 d. 30. cl 18 R. 2. d. 23. cl 20 R. 2. p. 1. d. 15. cl 21 R. 2. p. 1. d. 27. cl 23 R. 2. d 3. and in all Writs under H. 4 5 6. E. 4. they are also totally omitted and Nolumus autem quod tu aut aliquis alius Vicecomes Regni praedicti aliqualiter sit electus only reteined In all these Writs under Richard the 2d there is this clause added not extant in those of Edward the 3d. Tibi praecipimus firmiter injungentes quod in pleno Comitatu tuo de communt assensu ejusdem duos Milites gladiis cinctos magis idoneos discretos c. eligi c. facias which clause most clearly evidenceth that all Knights ought to be elected in a full County-Court by the common assent of the County not to be nominated elected by the King or any others without or against the Counties consent approbation There are 5 bundles of Writs in Ann. 3 10 11 13 16 Rich. 2d yet extant for elections of Knights Citizens and Burgesses issued to Sheriffs and others with their retotns indorsed on or annexed to them which I shall pretermit There are only two extraordinary unusual Writs concerning the election of Knights during the Reign of King Richard the 2d worthy special observation which I shall present you with at large The first of them thus recorded in Claus. 7 R. 2. m. 32. De Militibus venientibus ad Parliamentum loco aliorum eligendis Rex Vic. Surry salatem Quia ut accepimus tu Thomam Camoys Chivaler qui Baronettus est sicut quamplures antecessorum suorum extiterunt ad essendum unum Militum venientiam ad proximum Parliamentum nostrum pro Comunitate Comitatus praedicti de assensu ejusdem Comitatus eligisti Nos advententes quod hujusd Baronetti ante haec tempora Milit. Comit. ratione alicujus Parl. eligi minime consuev ipsum de officio Militis ad dictum Parliamentum pro comunitate Comitatus praedicti venturi exonerari volumus Et ideo tibi praecipimus quod quendam alium Militem idoneum et discretum gladio cinctum in loco ipsius Thomae eligi eum ad diem locum Parliamenti praedicti venire facias Cum plena sufficienti potestate ad consentiend hiis quae in Parliamento praedicto fient juxta tenorem prioris brevis nostri tibi pro electione hujusmodi Militum directi nomen ejus Nobis scire facias Teste Rege apud Westm. octavo die Octobris Consimile Breve dirigitur Vic. Surry pro Iacobo Berners qui est de retinentia Regis familiaris unus Militum Kantiae T. R. apud Westm. 18 die Oct. It is evident by the Rolls and Summons cited in the precedent Table of the Temporal Lords and Barons that Ralph Camoys was sumoned to Parliament amongst the other Lords and Barons in 49 H. 3. and another of that name to sundry Parliaments under Ed. 2 3. and Iohn de Camoyes after them That this Thomas Camoyes mentioned in the Writ was descended from them and then a Peer and Baron of the Realm though styled a Baronet in the Writ which in that age signified a Baron of Parliament as the hujusmodi Baronetti in the Writ and Mr. Selden evidence being summoned by Writ with the rest of the Barons to this very Parliament of 7 R. 2. and sundry others afterwards during his Reign and the Reigns of Henry the fourth and fifth from whence I shall observe
Ireland subjoyns Nos vero ea occasione convocavimus Archiepiscopos Episcopos Comites Barones et omnes Magnates nostros Angliae quod sint ad Nos apud London die Dominica prox post instanteâ—… mediam Quadragesimam ad tractandum Nobiscum ibidem super hiis aliis Statum nostrum terrae nostrae Angliae Hiberniae tangentibus Nos Domino concedente de Consilio praedictorum ibidem providebimus secundum quod Nobis et indempnitati tâ—…rrae nostrae Angliae Hiberniae viderimus expedire Quod verò ad diem illum actum fuerit et provisum vobis sine mora dispendio et significari curabimâ—… T. Rege apud Westm. 27 die Martii Plac. 18 H. 3. rot 15. dorso Claus. 19 H. 3. dorso 1. dorso 9. Fitzberbert Darrein presentment 23. Provisum est coram Domino Rege Archtepiscopis Episcopis Comitibus Baronibus Consilio Domini Regis quod nulla Assisa ultimae praesentationis de caetero capiatur de Ecclesiiis praebendatis nec de Praebendis c. Pat. 20 H. 3. d. 13. 18. Rex Vic. Norff. Suff. Scias quod die Merc. in crastino Sancti Vinc. in Curia nostra coram Nobis et coram venerabili Patre E. Cantuar. Archiepiscopo Coepiscopis sulâ—… et coram majori parte Comitum et Baronum nostrorum Angliae pro communi utilitate totius regni nostri provisum suit tam à praedictis Archiepiscopis Episcopis Comitibus Baronibus quà m à Nobis conâ—…ssum quod de caetero Omnes viduae c. râ—…citing the Statute of Merton made that year according to the Printed Latin Prologue thereof Claus. 37 H. 3. dorso 9. De Magna Carta tenenda ad inâ—…antiam Pâ—…latorum Magnatum regm nostri c. And Claus. 43 H. 3. dors 9. where the Pope by his Letters earnestly pressing King Henry the 3d to restore his brother Adomar to his Bishoprick of Winchester being enforced to relinquish it and England too by the Barons prosecution the King in his Letter to the Pope there recorded alleged that though he was readie to graâ—…fie his Holiness in any thing he might yet he could not consent to Adomars restitution Adding Your Nuntio who brought this Letter Preces et praecepta vestra coram Nobis Praelatis regni nostri qui tunc Nobiscum aderant ac alia Universitate Comitum Baronum ac Procerume regni nostri plenè et diligenter exposuit et diebus pluribus nitebamur Nos Consilium nostrum et Universitatem praedictam to give their assents for Adomars restitution Tamen mandatis hujusmodi quod non solum personam nostram verum etiam Universitatem regni nostri contingit non possumus absque gravi dispendio et subversione jurium et consuetudinum Regni ejusdem et contra juramentum proprium adimplere Et quanquam hoc facere vellemus praedicta Universitas in hac parte quae unius confilii et voluntatis existit propter graves et notabiles excessus praedicto fratri nostro objectas id nullatenus sustineret c. Which passages with others in this memorable Letter of the Kings compared with that Letter sent about the same time by the Lords against Adomars restitution to the Pope ex parte Regni et totius Angliae Universitata scriptum a Barnagio mentioned by Matthew Paris Anno 1258. and printed in his Additamenta p. 215 216 217. beginning thus Sanctissimo patri in Christo Alexandro c. Communitas Comitum Procerum Magnatum aliorumque Regni Angliâ—… c. reâ—…iting that the King by the Popes power and assistance could not without their counsel and assent much lesse against their wills effect what he desired nor reform his Kingdom but de Procerum Magnatum suorum Consilio Caeterum praefatus Dominus Rex attendens impossibile pondus negotii memorati et Statum Regni sui imbecillum voluit et expressè concessit ut de Procerum Magnatum Consilio sinè quibus Regnum suum gubernare non poterat nec negotium prosequi memoratum dicta reformatio promoveret which Adomar breaking his Oath and receding from his promises opposed to the great disturbance and almost total subversion of the whole Realm c. His unbrideled rapines tyrannies and oppâ—…ssions which they there expresâ—… at large being such and rendring him so odious that Scituri pro certo quod etiamsi Dominus Rex Regni Majores assembled in a Parliamentary Councill hoc vellent Communitas tamen out of Parliament ipsius ingressum in Angliam jam nullatenus sustineret Which Letter was subscribed and sealed by 6. Earls and 4. Noblemen vice totius Communitatis Barnagit in testimonium praedictorum Being likewise compared with the Popes Answer thereunto Literae Papales missae Communitati Angliae Alexander Episcopuâ—… c. Dilectis filiis Nobilibus Uiris Consiliariis charissimi in Christo filii nostri illustris Regis Angliae ac caeteris Proceribus et Magnatibus Regni Angiiae salutem et Apostolicam benedictionem c. will infallibly evidence First that the King Prelats Earls Spiritual Temporal Barons and Nobles of the Realm were our only Parliament Members without any Knights Citizens or Burgesses annexed to or prâ—…t with them before 49 H. 3. 2ly That they were then usually stiled the Communitas or Universitas Regni or Barnagii Baronagii or Communitas Comitum Procerum et Magnatum regni Anggliae and only intended denoted by these Titles and phrases not the Knights Citizens Burgesses or Commons in Parl. as e Sir Rob Cotton and others of Note as well as some injudicious Antiquaries have mistaken which having elsewhere at large evinced beyond all contradiction I shall not here further insist upon but proceed to some other general Observations on the precedent Writs 2ly From the manifold Varieties and differences of these recited writs both of Election and Prorogation before and since the Statutes of Henry 4. 5 6. touching elections the Readers may discern the Gross oversight and mistake of Sir Edward Cook in his 4. Institutes p. 10. That these Writs of Summons and Election can receive no alteration but by Act of Parliament Which having elsewhere touched and at large refuted Register Part 1. p. 395. 396 397. I shall prosecute no further 3ly I shall observe from the precedent Writs that no persons ought of right to be elected Knights of any County nor Citizens Burgesses or Barons of any City Borough or Port wherein they are elected but such as are real actual Members of the said respective Counties Cities Boroughs Ports residing or inhabiting within them as this Clause in all the recited Writs De Comitatu tuo duos Milites et de qualibet Civitate duos Milites et de quolibet Burgo duos Burgenses de quolibet Portu duos Barones c. de discretioribus ad laborandum potentioribus eligi c. clearly import and the Statutes of 7 H. 4. c. 15. 1
H. 5. c. 1. 10 H. 6. c. 2. 23 H. 6. c. 15. being declaratory only in this point most punctually enact in precise terms And if any other persons who are no Inhabitants or Residents within or proper Members of such Counties Cities Boroughs Ports be elected or returned they may lawfully refuse to sit or serve as the Writs and these Statutes clearly evidence without the least contempt or penalty the peoples election of such contrary to the Writs and these Statutes being void in Law and unable to contradict or reverse the Writ Acts to the contrary if insisted on 4ly These usual clausâ—…s in most Writs de discretioribus et ad laborandum potentioribus seclude and exempt all infants under age Ideots Lunaticks insiâ—…m aged sickly persons unable to travell sit counsell advise and discharge their trusts from being elected Knights Citizens Burgesses or Barons of Ports and if any such be elected returned by the oversight imprudence improvidence of the electors they may and ought to be discharged by the King and Lords anâ—… others by new Writs issued elected returned in their places who are able to advise travel and discharge their duties as the writs and statutes enjoyn them Impotency sickness and inability in Members elected being as just a ground to discharge any Knight Citizen Burgess or Baron of the Ports from serving in Parliaments as to discharge the Speaker of the Commons House as is evident by the forecited Writs presidents and returns of Sheriffs in 2â—… E. 1. by the resolution of the Parliament it self in 38. H. 8. Brookâ—… Parliament 7. against Sir Edward Cooks groundless fancie to the contrary Institutes 4. p. 8. there being the self-same reason and Law too in both cases 5. That the election of anâ—… Sheriff of a Countie whiles he continues in his 〈◊〉 for a â—…night Citizen Burgesse in his own or any other County is void and illegal being against the express provision of the Ordinance of Parliament 46 E. 3. the very inhibition and words of the writs for election some presidents before that Ordinance and the * resolution of the Lords and Judges in Starchamber 5. Caroli in the case of Mr. Walter Long elected and returned a Citizen for the City of Bath in Somersetshire An. 3 Car. whiles he was Sheriff of the County of Wilts who thereupon comming forth of the County against his Oath and trust and sitting as a Member in the House during his Shrievaltie was sentenced in the Starchamber to be committed Prisoner to the Tower during â—…is Majesties pleasure to pay a Fine of 2000 marks to the King and further to make â—…is humble submission and acknowledgement of â—…is Offence both in the Court of Starchamber and to his Majesty before his enlargement â—…nce Which was accordingly executed Yet notwithstanding I sinde in the very Statute of 34 35 H. 8. ch 24. for assurance of certain Lands to John Hind Serjeant at Law and his heirs paying x l. yearly to the charges and wages of the Knights of the Parliament of Cambridgshire for the time being for ever that Edward North Knight Sheriff of the said Shire was one of the two Knights for the said Shire that very Parliament wherein this Act was passed and he and Thomas Rudsâ—…ne Esq his Companion and their Successors Knights of the said County incorporated and made one body politick together with the Sheriff of the said County for the time being by the name of Wardens of the Fees and Wages of the Knights of the Shire of Cambridge chosen for the Parl. and to have perpetual succession to implead sue for and receive the said x l. annnual rent and that he received his share therein when both Sheriff and Knight of the Shire to his own use for his fees wages that Parliament til a new election of knights of that County for the Parl. next ensuing it And Sir Edward Cooke informs us that at the Parliament holden 1 Car. Rs. the Sheriff for the County of Buckingham being then himself was chosen Knight for the County of Norfolk and reterned into the Chancery and â—…aving a Subpaena out of the Chancery served upon him at the sute of the Lady C. pendente Parliamento upon motion he had the privilege of Parl. allowed unto him by the judgement of the whole House of Com mons though I finde not that he then sate in the house during his Shrievalty 6. That amongst the writs of Summons to Parliament in Cl. 23 E. 1. dors 9. 25 E. 1. d 6. 30 E. 1. d. 12 35 E. 1 d 13. 1 E. 2. d. 8. 11. 3 E. 2. d. 17. 11 E. 3. pars 1. d. 15. 32 E 3. dors 14. There are no writs for electing Knights Citizens or Burgesses entred with the rest most likely by the negligence of the Clerks there being vacant space in some of them left for their entries And the Original Writs themselves being all or most of them retorned into the Chancery and there reserved in distinct Bundles by themselves with the Sherifs returns upon them now for the most part lost mislayed perished or imbezelled made them perchance more careless to enter them than the Writs to the Spiritual and Temporal Lords issued personally to themselves alone and not returnable by them or the Sheriffs as the writs for elections usually were which Writs as the Statutes of 5 R. 2. ch 4. 23 H. 6. c. 15. inform us Sometimes the Sheriffs have not returned but the said Writs have embesyled and moreover made no precepts to Mayors and Bailiffs for the election of Citizens and Buâ—…gesses to come to the Parliament by colour of these words conteined in the said Writs Quod in pleno Comimitatu tuo eligi facias pro Comitatu tuo duos Milites pro qualibet Civitate in Com. tuo duos Cives pro quolibet Burgo in Com. tuo duos Burgenses The reason why some of these writs are missing in some extant Bundles and some Cities and Boroughs in those returned now and then omitted in the Sheriffs returns indorsed on or annexed to them as the subsequent Table will visibly demonstrate 7ly That before the Statutes of 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 23 H. 6. c. 15. 9 H. 8. c. 16. 27 H. 8. c. 26. 34 H. 8. c. 13. 35 H. 8. c. 11. the Kings of England had a very large and absolute power in limiting prescribing in and by their Writs to Sheriffs Mayors Bay liffs and others both the respective numbers and likewise the qualifications of the Knights Citizens Burgesses and Barons of the Ports elected and returned to serve in the several Parliaments and Great Councils summoned by them sometimes commanding 4. most times only 2. Knights sometimes but one Knight to be elected in each County for the whole County sometimes prescribing the self-same Knights Citizens and Burgesses that were elected returned for