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
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
grateful acceptance of these First-fruits with all convenient speed communicate to the World in A Second Part. After which I shall in two or more distinct Volumes present unto publick view several other kinds of Writs relating to the Parliaments Great Councils Convocations and Clergy of England to all sorts of proceedings in them Criminal or Civil the assessing levying of the expences of Knights Citizens and Burgesses of Parliament of Dismes Quidismes Aids Subsidies Customs Imposts granted by them with the disposing releasing of them the defence of the Realm by Land or Sea in times of danger the proclaming observing of the Great Charters Laws and Liberties of England and of Acts and Ordinances of Parliament newly enacted with sundry other Rarities which all former Writers of our English Parliaments have either totally omitted or but briefly touched and that very slightly though of excellent use and most necessary to be insisted on for the information of their Readers and benefit of Posterity Not to detain you with any longer Preface I shall now leave you to the perusal of this First Part distinct from those Parts I intend shall follow it if embraced with that respect affection and desire as it may justly expect and hope for from the Nobility Gentry Lawyers Antiquaries and Heralds of the English nation But if slighted vilified neglected like old Almanacks or fashions grown quite out of use and request though meer Novelties in their discovery communication to the world hitherto unacquainted with them I shall then resolve to cast no more such precious ancient Pearls and Rarities beâ—ore swine who wil neglect trample them under their feet but reserve them for my own private Cabinet use ornament benefit delight and such learned Friends to whom I shal hereafter bequeath them who will estimate them according to their true intrinsecal worth and prefer them before the most orient Pearls and Diamonds which are only for shew when as these are of greatest publick use and will be so esteemed in future generations how much soever slighted by the Athenians of this age who like the old ones Acts 17. 20 21. spend their tiâ—e in nothing else but to tell or hear some new thing preferring new Gloworms Ignes fatui and Prodigious Comets shining onely in the night before the Sun Moon and fixed Planets which ten thousand times outshine transcend them both in splendor magnitude use excellency and publick benefit It is Cicero his observation of old Solis exortus cursus occasus nemo admiratur propterea quod quotidie â—iunt at â—cclypses solis mirantur quia raro accidunt Nulla nisi rara aut admirabili re commovetur animus Which Seneca thus seconds Ita coÌ„positi sumus ut nos quotidiana etiam si admiratione digna sunt transeant contra minimarum quoque rerum si insolitae prodierunt spectaculum dulce fiat Hic quoque caetus astrorum quibus immensi corporis pulchritudo distringuitur populum non convocat sed cum aliquid ex more mutatum est omnium vultus in coelo est Nemo observat lunam nisi laborantem Tunc urbes clamant tunc pro se superstitione vana trepidant Quanta illa majora sunt quod Sol totidem gradus quotidie habet annum suo circuitu claudit quod à solstitio diem inclinat noctibus spacium dat quod sydera abscondit quod terras cum tanto major sit illis non urit sed calorem suum intentionibus remissionibus temperando fovet quod lunam nunquam implet nisi adversam sibi nec obscurat haec tamen non annotamus quamdiu ordo servatur Si quid turbatum est aut praeter consuetudinem emicuit spectamus interrogamus ostendimus Idem in comae is fit c. Adeo naturale est nova magis quaÌ„ magna mirari w ch is in truth both the sin folly of our present fantastick childish age affecting studying delighting admiring nothing but Novelties as well in Theology all kinds of Arts Sciences publick Government and Parliaments themselves as â—â—ell as Fashions or Apparel though never so prodigious Heterodox ridiculous or destructive But however vertiginous Scepticks and fantastick Gallants having more hair than brains are wholly enamored infatuated with New-Nothings yet all judicious Christians Lawyers Statesmen with holy and prudent King David a man after Gods own heart will consider the dayes of old the years of ancient times And according to Gods own precept stand in the wayes and see and ask for the old paths where is the good way and walk therein that they may find ease for their souls Concluding with holy Iob with the ancient is wisdom and understanding And with our Saviours own resolution wherwith I shall close up this Epistle No man having drunk old wine straitway desireth new for he saith THE OLD IS BETTER Which is the experimental resolution of Your unfeined Friend and Servant as well in relation to private as publick good WILL. PRYNNE From my Study in Lincolns Inne Ian. 26. 1658 1659. A Brief Register Kalendar and Survey of the severall kinds of all Parliamentary Writs with usefull Observations on them THat all Great Councils of State Parliaments Synods Convocations held in England under the British Saxon Danish Norman English Kings successively reigning therein were summoned by their Royal Writs precepts and held by their Authority alone is a Truth irrefragable which I have elswhere abundantly evidenced by Histories and Records though all the Writs whereby they were summoned till the reign of King Iohn be no where extant being consumed by the all-devouring jawes of time The Writs of Summons to Parliaments and Great Councils of State being the Corner-stones whereon they are founded and best discovering the causes ends for which they were summoned instead of that Folio Register of them at large which I once intended to have published I shall present you only with a Brief Register and Kalendar of some of the antientest and rarest of them full of excellent variety and delight and such Observations on and from them as may best instruct the Readers rectify the mistakes of some pretended Antiquartes who have written of our English Parliaments writs of summons to them and supply their defects especially concerning the several forms and various kinds of Parliamentary writs which they have rather touched than handled being all very maimed and incompleat in this particular To avoid Confusion I shall Marshall these Writs into several Squadrons according to the quality of the persons to whom they were directed and that in a Chronological Series digesting them into distinct Sections beginning with those issued out to our Archbishops Bishops Abbots Priors and Spiritual Lords or Barons of the Realm SECTION I. Concerning Writs of Summons to Parliaments Great Councils Convocations issued out to Archbishops Bishops Abbots Priors and other Ecclestastical Barons of the Realm who were Peers and Members of our Parliaments THe first writ of Summons to
them made in this party be firmly holden The offenders against the Ordinance of Fish made in 31. E. 3. c. 2. are to be attached and detained in Prison as Rebels and Transgressors till the King and HIS COUNSEL have ordained of them that right requireth after the quality of their Trespasse 34. E. 3. c. 21. By assent of the King and of HIS COUNSEL passage was granted of Wools and other Merchandises of the Staple to Denizens contrary to the Ordinance of the Staple that only Merchants Aliens and no Merchants Denizens should transport them which passage was confirmed by Parliament and this Act. 35 E. 3. Upon doing us and OUR COUNSELL TO UNDERSTAND c. It was adjudged by US AND OUR COUNSEL that the Fishers of herrings at Great Yermouth should be free to sell their herrings to all people that will come to the faire of Yermouth without disturbance of their host or any other and accordingly enacted by this Parliament The printed Pardon granted by the King in Parliament An. 36. E. 3. was prayed by the Commons to be shewed to the Kiâ—g and to HIS COVNSELL and to the other Lords ere passed according to the tenour of the Commons Petition 37 E. 3. c. 15. Clotâ— makers and Drapers shall be constrained by any manner way that best shall seem to the King and his Counsel that the Ordinance of new Apparell be in no point broken 37 E. 3. c. 18. enacts That those who make false suggestions to the King be sent with the said suggestions before the Chancellor Treasurer and His Counsil and that they there finde surety to pursue their suggestions and incurr the same pein that the other should have had if he were attainted in case that his suggestion be found evil 38 E. 3. c. 11. enacts That all Merchants Denizens may pass into Gascoigne and bring in Wines from thence without any disturbance or impeachment Alwayes provided to the King that it may be lawful to him whensoever it is advised to him or to His Counsil to ordain of this article in the manner as best shall seem to him for the profit of him and his Commons 38 E. 3. c 3. Provisors and Offendors against this Act who do not present themselves before the King or His Counsil within two moneths after that they are thereunto warned c. shall be punished according to the Statute of 27 E. 3 and otherwise as to the King and His Counsil shall best seem to be done without any grace pardon or remission And Cap. 5. if any person maliciously or falsly make any pursute against any person as a Provisour and be thereof duly attainted he shall be duly punished at the Ordinance of the King and His Counsil and nevertheless he shall make gree and amends to the party grieved The Statute of 42 Edward 3. c. 3. made upon a Petition of the Commons in Parliament beginning thus Plese a nostre Seigneur le Roy son BON COVNSEL pur droyt governement de son peuple Ordeigner Which complains that diverse upon false and malicious suggestions have been taken and caused to come before the Kings Counsil by writ and other command of the King upon grievous pein against the Law To these I might superadd the Statutes of 1 R. 2. c. 4. 3 R. 2. c 3. 5 R. 2. c. 2. Stat 2. 6 R. 2. Stat. 2. c. 1. 8 R. 2. c. 4 10 R. 2. c. 11. 11 R. 2. c. 2 6 7 12. 12 R. 2. c. 1 2 10. 13 R. 2. c. 2. 18. Parl. 2. c. 3. 16 R. 2. c. 5 17 R. 2. c. 5 6 7. 1 H. 4. c. 6 7 9 13. 4 H. 4. c. 4 23 30. 1 H. 5. c. 6. 2 H. 5. c. 8. Parl. 2. c. 2. 9 H. 5. c. 3 5. 1 H. 6. c. 1 5. 2 H. 6. c. 6. 4 H. 6. c. 5. 8 H. 6. c. 13 27. 10 H. 6. c. 3 4. 14 H. 6. c. 2. 27 H. 6. c. 11. 31 H. 6. c. 1. â—3 H. 6. c 3. 14 E. 4. c. 1 2. 17 E. 4. c. 1. 3 H. 7. c. 1. 4. 4 H. 7. c. 4. 11 H. 7. c. 7. 25. 19 H. 7. c. 1. 13 18. By all which and other Acts as likewise by Mr. William Lambards Archaion p. 118. to 216. compared with Cooks 4 Institutes c. 5. and the records in My Plea for the Lords p. 273 330 331 385 390 398 399 418 419 420 505 507. the Authority Power Jurisdiction use proceedings of the Kings Counsil and Justices both in and out of Parliaments is fully explained declared to which I shall subjoyn two memorable records for a Conclusion hereof Claus 37 H. 3. dors 7. Rex Ricardo Comiti Cornubiae salutem Alias allocuti sumus Episcopum Sarum quod intenderet Consilio nostro praebuit se difficilem propter quod ad praesens nolumus habere alios Consiâ—â—arios quà m ordinavimus sicut scitis sed cum aliqua difficultas emerserit super Iudicium reddendum vel aliis communibus negotiis taâ—â— gentibus legem terrae bene placet Nobis quod ad hoc intendat cum à Vobis interpellatus ad ipsum vocandum cum hujusmodi necessitas evenerit plenam Vobis concedimus potestatem Teste Rege apud Portsmouth 7 die Augusti By this record it is evident That the Kings Counsil in those dayes usually gave judgement in cases of difficulty and other common cases concerning the Law of the realm calling those who were learned in the Laws for Assistants therein Of which amongst many others we have a memorable president in the Pleas of Mich. 53 54 H. 3. rot 37. in the case of Assise of Mortdauncester brought by Alexander King of Scots against Iohn de Burgo for the Mannor of Westlye with its appurtenances before G. de Preston and other Justices in Eyre who determining nothing therein thereupon King Hen writ to the Justices to proceed to a speedy determination or else to adjourn it coram Nobis et Consilio nostro in Quindena Michaelis which they did When the King of Scots appearing by his Attorney and Iohn de Burgo in person before S. de Litlebyr Sociis suis Iusticiariis de Banco Rich de Middleton then the Kings Chancellor Thomas Basset Robert Augulon and Mr. Richard Staneâ— they resolved that the writ of Mortdancester would not lie in that case claiming both as heirs to one Ancestor but because the King of Scots title to it was as heir to Margaret wife of Hubert de Burgo they said to Iohn de Burgo that he should shew cause Quare praedictus Rex Scotiae praedictuÌ„ Manerium habere non debeat And so much touching the Counsils power and jurisdiction in former times Whose excessive power in later ages incroaching upon the Ordinary Courts of Justice Freeholds Liberties Properties of the Subjects to their great oppression and vexation thereupon in the late Parliament of 16 Caroli Cap. 10. there was an excellent Act made For Regulating the Privy Counsill and for taking
one body contrary to their very fundamental Laws Constitutions Rights Priviledges to their grand prejudice and dishonour Therefore there is no reason for either of them to submit and conform thereto The rather because this Instrument was never ratified by any but opposed by every publick Convention since its publication yea totally set aside if ever valid by the last of them in and by this clause of their humble Petition and Advice Artic. 3 4. That the number of persons to be elected and chosen to sit and serve in Parliament for England Scotland and Ireland and distribution of the persons so chosen within the Counties Cities and Burroughs of them respectively may be according to such proportions as shall be agreed in this present Parliament which agreed nothing concerning the same And both the Instrument and Advice being now set aside by those in present power by issuing Writs for electing Knights Citizens and Burgesses throughout England according to the ancient Laws Usage Custome and not according to the Instrument or Advice by which the English and Commons House are now remitted to their old Parliamentary Rights Priviledges They are obliged upon all these Reasons Authorities and Considerations henceforth to seclude all Scotish and Irish Knights Citizens Burgesses or Peers from sitting or voting amongst them as Members and ought to treat with them onely as Delegates or Commissioners sent from both Nations touching such affairs as particularly relate to Scotland and Ireland according to ancient and late Presidents but not to permit them any place or vote at all in the Commons or Lords House as joynt-Members Legislators with the English in the Parliaments of England 7. Because the thrity persons to be chosen for Scotland and the other thirty for Ireland and the several Counties Cities and Borroughs within the same to represent and oblige both these Kingdomes and Nations as their Representativees and Attornies are not to be elected by the generality of both Kingdomes as in justice reason equity they ought to be but by such as the Major part of the Council at Whitehall shall prescribe as the 9th Article in the Instrument declares some whole Counties and eminent Cities in both Kingdomes having no voices at all in the Elections of these Members and therefore not to be obliged by them as 44. E. 3. f. 19. 11. H. 7. 14. 21. H. 7. 40. 23 H. 8. Br. Lert 27. 7. H. 6. 35. 6. Dyer 373. b. resolve This being a general Rule in Law Justice Reason inserted into the very Writs of Summons to Parliament Claus. 24. E. 1. m. 7. dorso here p. 6. Ut quod omnes tangit ab omnibus approbâ—tur And the sole reason why Acts of Parliament oblige all those who send Knights and Burgesses to them and not tenants in Ancient Demesn is onely this because they assent unto them in and by their representatives as the Statute of 1 Iac. c. 1. 4. H. 7. 10. Brooke Parliament 25. 27. 41. Ash Parliament 10. and Proclamation 39. and the Law-books Authorities there collected to this purpose determine 8. In the Parliament of a Caroli the Lords Spiritual and Temporal then in Parliament assembled exhibited this Petition to the King That whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of these Kingdomes resident here with their families and having their estates among us do by reason of some late created dignities in those Kingdomes of Scotland and Ireland claim precedency of the Peers of this Realm which tends both to the disservice of your Majesty aâ—d to the diâ—paragement of the English Noâ—ility as by these Reasons may appear 1. It is a nobelty without President that men should inherit honours where they possess nothing else 2. It is injurious to those Countries from whence their Titles are derived that they should have a voâ—e in Parliament where they have not a foot of Land c. Upon the consideration of which inconveniencies they humbly beseeched his Majesty that an order might be timely setled therein to prevent the inconvenience to his Majesty and redress the prejudice and disparagement to the Peers and Nobility of this Kingdome occasioned thereby which the King promised to do And is it not a far greater inconvenience prejudice and disparagement to the Nobility Gentry and Parliaments of England yea a greater Novelty and Injury than this they then petitioned against not only for the Nobility but for the very Knights Citizens Burgesses of Scotland and Ireland to sit with and take place of the ancient Peers Knights Citizens and Burgesses of England according to their several Titles and to enjoy an equal vote judicature priviledge with them in every particular in the very Parliaments of England which they never formerly did though they have not one foot of Land in England nor the English any vote of place in their Parliaments No doubt it is Therefore as fit to be timely redressed as that grievance upon the self-same grounds being more universal prejudicial and dishonourable to the whole English Peerage Parliament and Nation than this which concerned the English Peers alone and that onely out of Parliament 9. This number of Members sent from Scotland and Ireland to the Parliaments of England holds no just not equal proportion or distribution with the numbers of Members which they formerly elected and sent to their own respective Parliaments in Scotland and Ireland as is evident by the Irish Statutes of 18 E. 4. c. 2. 10. H. 7. c. 16 38. H. 8. c. 12. 33. H. 8. c. 1. Cookes 4. Iustit c. 75 76. and Regiam Majestatem nor yet in reference to the number of the Members and Parliament-men in England being near ten to one to the Members of both these Nations conjoyned which inequality upon all occasions may prove very prejudicial to them both 10. It will be an extraordinary grievance oppression expence vexation mischief delay and obstruction of Justice to all the Inhabitants of Scotland and Ireland not onely to bear the Expences of all the Members they send to the Parliaments of England but to be enforced to resort unto them in person together with their Witnesses Evidences and Council for all grievances oppressions injuries errors complains and misdemeans in Officers or Courts of Justice formerly redressed and remediable onely in their own proper Parliaments much nearer home and now only to be heard examined redressed determined in the Parliaments of England as the Claus. Roll. of 39. E. 3. M. 12. De erroribus corrigendis in Parliament is tenend is in Hibernia printed in my Epistle to my Argument of the case of the Lord Magâ—â—re most fully and excellently resolves And the multitudes of complaints out of all three Kingdomes will prove so great in every Parliament that it will be impossible to hear and determine the moity of
King being both Caput Principium finis Parliamenti as Modus tenendi Parliamentum Sir Edward Cooke and others resolve our Parliaments living and dying with our Kings and determining when summoned and sitting by the Kings decease since they can neither treat nor confer with him of any businesses concerning him or his Kingdome nor be his Parliament after his death as the Parliaments of 1. H. 4. rot Parl. n. 1. 2. 3. 1. H. 5. rot Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge the Parliament of 23. R. 2. dissolving by this resignation of the Crown and the Parliaments of 14 H. 4. and 24. Iacobi being dissolved by their respective deaths as their Judges and Parliaments resolved and the Parliament of 18. Caroli by the self same reason as I have elsewhere evidenced seeing hee could neither vobiscum cum caeteris Magnatibus Proceribius Regni nostri colloqaium habere Tractatum super diversis arduis negocâ—is Nos Regnum nostrum coâ—tingentibus nor the Commons do and assent hiis quae tunc ibidem per Nâ—s c. ordinari contigerit super negotiis antedictis as the Writs of Summons and Prorogation prescribe 8. That when ever there was a Custos Regni during the Kings absence in forraign parts or a Protector during his Minority the Writs of Summons and Prorogation issued alwaies in the Kings stile name and by his authority and direction and the Teste onely in the Custos or Protectors name with a per ipsum Regens per ipsum Regem Consilium or per ipsum Regem Custodem consilium subjoyned 9. That when our Kings could not be personally present at any Parliament by reason of their wars sickness extraordinary occasions absence in forraign Parts or minority they held them by a Custos Regni or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal to hold these Parliaments in his Name and Stead which were publickly read at the beginning of the Parliament and entred in the Parliaments Rolls for which I shall present you with these presidents onely omitting all others of this kind agreeing with them or varying little from them in form or substance The first is this Anno 13. E. 3. Rot. Parl. n. 4. Edwardâ—s Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus omnibus aliis ad instans Parliamentum nostrum apud Westm. summonitum conventuris salutâ—m Cum dilectus fidelis noster Edwardus Dux Cornubiae Comes Cestr. filius noster carissimus Custos Regni nostri propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse de circumspectionis industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis discretorum virorum Magistri Willielâ—i de le Zouche Decani Ecclesiae beati Petri Ebor Thesaurarii nostri Ricardi de Willoughby Iohannis de Stonore Iohannis Decani Sti. Pauli plenam fiduciam reportantes ipsos quatuor tres aut duos eorum ad inchoand continuandâ—m Parliamentum praedictum nostri dicti filii nostri nomine ad faciend ea quae Pro Nobis per praedictum filium nostrum facienda fuerint usque adventum filii nostri ibidem Deputamus Assignamus Et ideo vobis mandamus quod iisdem Archiepiscopo The saurario Rico. Iohi. Iohi. quatuor tribus duobus eorum intendentes sit is in praemissis in forma praedicta Teste Edwardo Ducâ— Cornub. Comite Cestr. filio nostro carissimo Custode Angliae apud Langle XIX die Ianuarii Anno Regni nostri tertio decimo The second is thus registred Annâ— 25. E. 3. Rot. Parl. n. 1. 2. Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris salutem Cum Nos ex certis caâ—sis sumus ad partes transmariâ—as profectâ—ri per quod ad primum diem dicti Parliâ—menti forte non poterimus interesse Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand Nomine nostro Parliamentum praedictam ad faciend ea quae pro Nobis per Nos faciâ—ndâ— fuerint usque adventum nostrum ibidem plenam tenore praesentiuâ—â— committimus potestatem Et ideo Vobis mandamus quod eidem filio nostro intendentes sitis in praemissis in forma praedicta In cujus rei testimonium has literas nostras fieri â—ecimus patentes Teste mâ—ipso apud Turrim London 20. die Januarii Anno Regni nostri Angliâ—â— 24. Regni vero nostri Franciae undecimo Per ipsum Regem The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue Enle 15a sâ—int Hilar c. que fuist le primer jour de ce present Parlement trâ—z nobles pâ—issent Sir Richard Prince de Gales Duc de Cornwelle Couâ—te de Cestr. auxint les Prelets Seigneurs Justices Comenes auters que fuerent venuz per Sommons de ce present Parlement sesemblerent en le palayes de Westm. en le Chambre de peinte illoeques en lour presence le dit Prince alos seent in my lieu de uly Cestassavâ—ir en la place du Roy mesâ—es nostre le dit Seigâ—ieur le Roy esteant meismes benemont venier en sa proper persone envoy ast en dit Parlement returnes ses Literes patents â—oâ—z son grant Seale enseales en la form que ensuant Edwardus Dei gratia c. Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus militibus omnibus aliis in instanti Parliamento conventuris salutem Cum ex certis cansu sumâ—s ad prâ—â—sâ—ns praepâ—diti ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterimâ—s interesse de circumspectionis industriae magnitudine carissimi filii nostri Ricardi Principis Wallia Duciâ— Cornubiae Comitis Cestr plenam fiduâ—iam reportantes eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand ad faciend 〈◊〉 quae pro Nobis per â—os ibidem faciend fuâ—runt plenâ—â—m tenorsâ— praesentium committimus poâ—estatâ—m Et ideo vobis mandamus quod eidem Principi intendentes fitis in praemissis in forma praedicta In cujus Rei c. Teste meipso apud Havering 26. die Jan. Anno Regni nostri Aâ—gliae 51. Franciae 38. The fourth is thus entred Rot. Parl. An. 1. H. 6. n. 1. Fait assavoir 〈◊〉 commâ—ncâ—ment del Parlement tenuz le Lundy prochein de â—aâ—t le feste de Seint Martyn I'aâ— del
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