this King who as some erroniously assert first summoned Knights Citizens and Burgesses to our Parliaments In the Parliamentary Councel at Clarindon under King H. the 2. An. 1164. Jo. de Oxonia by the Kings command there present sate President Presentibus etiam Archiepâ—scopis Episcopis Abbatibus Prioribus Comitibus Baronibus et Proceribus regni wherein they made a Recognition of the customs and liberties of his Grandfather King Henry the 1. and other his Ancestors which ought to be observed by all persons within the Realm by reason of the discords often happening between the Clergy and temporal Justices and great men of the Realm These they reduced to 16 Articles very much ecclipsing the Popes and Bishops ecclesiastical Jurisdiction This Recognition the Archbishops Bâ—shops Abbots Priors Clergy cum Comitibus Proceribus et Baronibus cunctis una voce firmly promised in the word of truth bona fide to observe and keep to the King and his heirs for ever without male engin The 11 of these Articles runs thus Archiepiscopi et Episcopi sicut caeteri Barones debent interesse Iudiciis Curiae to wit of Parliament cum Baronibus quousque perveniatur in judicio ad dâ—minutioneÌ„ membrorum vel ad mortem Which proves the judicial power of Parliaments to be then only in the Lords and Barons In the year 1170. the 16 of Henry â— on the Feast of St. Bernard Rex magnum celebravit Concilium Londoniis cum Principibus et Magnatibus curiae suae de coronatione Henrici filii sui So Hoveden Anno 1172. Rex Angliae Henricus convocatis regui Primoribus apud Northamptoniam renoveâ—unt Assisâ—m Clarindoniae eamque praecepit observari In the year 1175. King Henry the second and his son held a great Council at York where the agreement between him and the King of Scots there present with most of his Bishops Abbots and Nobles was read and confirmed before the King and his Son the Arehbishop of York the Bishop of Durham Comitibus Baronibus Angliae The sâ—me year Rex magnum congregavit coneslium â—pud Windeshores in octavis Sancti Michaelis praesentibus Rege filio Richardo Cant. Archiepiscopo Episcopis Angliae Laurentâ—o Dubliâ—ensi Archiepiscopo Praesentibus eâ—iâ—m Comitibus et Baronibus Angliae In which some controversies in Ireland were ceâ—cided In the year 1176. King Henry coming to Noâ—ingham on the feast of Sr. Pauls conversion ibi celebravit Magnum Concilium de statute regni sui et coram rege filio suâ— Archiepiscopis Episcopis Comitibus et Baronibus Regnâ— sui Communi omnium Concilio divisit regnum suum in sex partes per quarum singuâ—aâ— tres Justiciarios itinerantes constituit whose names Commissions and Articles are there at large recorded And the same year this King held another Great Council at London in which the King Consilio universorum Episcoporum Comitum et Baronum Regni concessit Regi Siciliae filiam suam In the year 1177. King Henry the 2. summoned a Great Councâ—l to determin the great Controversy between Sanctius King of Navarr and Alphonsus King of Castile whose Advocates propounding and debating their cases in the presence of the King and of his Bishops Earls and Barons the King habito cum Episcopis Comitibus et Baronibus nostris cum deiiberatione consilio drew up by their advice an award between them under his great Seal recorded at large in Hoveden who writes Comites et Barones Regalis Curiae Angliae adjudicaverunt plenariam utrique parti supradictae quae in jure petita fuerâ—nt fieri restitutionem The like they did in the Council of Northampton in other cases held the same year Anno 1188. King Henry the 2. on the 3d of February held a Parliamentary Council at Gaintington about 8 or 10. miles from Northampton where convenerunt unà cum Rege PRAESULES ET PRINCIPES REGNI de defensione sacrosanctae terrae Jerosolymae tractaturi where after long debate they made 8. Statutes concerning that voyage The very same year the Kings of England and France on the 10. of February came to a conference about their Voyage to Jerusalem cum Archiepiscopis Comitibus et Baronibus Regnorum suorum as they had formerly done in the same manner and place An. 1173. and as they did afterwards An. 1189. Cum Archiepiscopis Episcopis et Baronibus suis So as during King Henry the seconds whole reign we read of no Knights Citizens and Burgesses electcted by the people present in our Parliamentary Councils but only the King Prelates Earls Barons and Nobles alwaies mentioned by name and Judges in them Only I find this one expression in Hoveden An. 1188. Rex statim apud Gaintington congregavit Magnum Concilium Episcoporum Abbatum Comitum et Baronum et aliorum multorum tam Clericorum quam Laicorum but that these were Knights Citizens and Burgesses elected by the people and not persons particularly summoned and nominated by the King himself to be Assessors Collectors of the Tenths there to receive their instructions for it which is most probable cannot be thence inferred ubi in publica audientia recitari fecit omnia supradicta capitula quae constituerat de Cruce capienda et tunc Dominus Rex misit servientes suos Clericos Laicos per singulos Comitatus Angliae ad Decim as colligendas most likely the aliorum muliorum tam Clericorum quam Laicorum present at this great Council secundum praedictam Ordinationem in terris suis transmarinis constitutam to wit at Cenomanum ubi consilio suorum to wit of the Archbishops Bishops Earls and Barons there with him ordinavit quod unusquisque decimam redditorum et mobilium suorum in eleemo sinam dabit ad subventionem terrae Jerosolymitanae hoc anno exceptis armis equis vestibus militum c. Sed de singulis urbibus totius Angliae fecit elegi omnes ditiores videlicet de Londonio 200 de Eboraco 100 de aliis Urbibus secundum quantitatem numerum eorum fecit omnes sibi praesentari diebus locis statutis de quibus caepit Decimam mobilium suorum secundum aestimationem virorum fidelium qui noverant redditus et mobilia eorum Si quos autem invenisset rebelles statim fecit eos in carcerari et in vinculis teneri donec ultimum quadrantem persolverent similiter fecit de Judaeis terrae suae unde inaestimabilem sibi acquisivit pecuniam Andrew Horn in his Mirrour of Justices in the reign of King Edward the first writes That our Saxon Kings divided the Realm of England after it was turned into an heritage into 38 Counties over which they set so many Counts or Earls and although the King ought to have no Peers in his land yet for that if the King should do wrong to or offend any of his people neither he nor any of his Commissaries ought to
et armis communiti ut si Rex circumventus per levitatem recalcitraret ad praemissa complenda cogeretur Ibi igitur post multas multorum deceptationes se subjecit Rex quorundam provisioni de gravioribus viris jurans se eorum provisionis adquiescere Quod et factum est et in scripta redactum et appensa sunt tam Legati quam aliorum Magnatum Sigilla omnibus in communi manifestanda So in the Parliament held by King Henry Anno 1242 and 1248. The Archbishops Bishops Priors Earls Barons and Gentlemen assembled to it in like manner boldly and joyntly reprehended the King for favouring Aliens wasting his money upon them following their advice and oppressing neglecting impoverishing exhausting his Natural Subjects as you may read at large in Mat. Paris p. 560 561 562 719. overlarge to transcribe The same year the king rashly commanded that Wil. de Ros who deserted him in his wars in France out of meer want of monies offering to pawn his lands to the King if he would supply his necessities which he refused to doe de terris fuis licet sine judicio parium suorum disseiseretur Quod videbatur cunctis INJUSTUM ET TYRANNUM Whereupon he was sharply reprehended by his Brother Earl Richard who with other Nobles left him in discontent upon this occasion and returned into England King Henry the 3. Anno 1244. the 28 year of his reign summoned a Parliament of the Nobles at London thus recorded by Matthew Paris Convenerunt Regia submonitione convocati Londinum MAGNATES TOTIUS REGNI Archiepiscopi Episcopi Abbates Priores Comites Barones in quo Concilio petiit Rex ore proprio in praesentia Magnatum in refectorio Westmonasteriensi auxilium sibi fieri pecuniare sub silentio praeteriens propositum suum de Rege Scotiae potentur impugnando In propatulo tamen manifestans quod anno transacto transfretaverat in Gasconiam de consilio eorum ut dicebat ubi tenebatur aeris alieni non modica quantitate nec potuit nisi efficacissimè sibi ab illis generaliter subveniretur liberari Cui fuit responsum quod super hoc tractarent Recedentesque Magnates de refectorio â—onvenerunt Archiepiscopi Episcopi Abbate Priores seorsum per se super hoc diligenter tractaturi Tandem requisiti fuerunt ex parte eorum Comites Barones si velient suis consiliis unanimiter consentire in responsione provisione super his facienda Qui responderunt quod sine communi universitate nihil facerent Tunc de communi assensu electi fuerunt ex parte Cleri electus Cantuariensis Wintoniensis Lincolniensis Wigorniensis Episcopi ex parte Laicorum Richardus Comes frater Domini Regis Comes Bigod Comes Legriae Simon de Monteforâ—i Comes Mareschallus W. ex partibus Baronum Richardus de Muntsichet Johannes de Bailliol de sancto Edmundo et de Ramesia Abbates ut quod isti duodecim providerent in commune recitaretur nec aliqua forma Domino Regi ostendaretur auctoritate duodecim nisi omnium communis assensus interveneret Et quia Charta libertatum quas Dominus Rex olim concesserat pro cujus conservatione Archiepiscopus Cantuariensis Edmundus juraverat fide jusserat certissime pro Rege promiserat nondum extitit observata auxilia quae toties concessa fuerunt Domino Regi ad nullum profectum Regis vel regni devenerant Et per defectum Cancellarii Brevia contra justitiam pluries fuerunt concessa petitum fuit secundum quod eligerent Justiciarius Cancellarius fierent per quod statum Regni solidaretur ut solebat Et ne per compulsionem Concilii aliquod novum statuere videretur noluit Rex petitioni Magnatum consentire sed promisit se â—mendaturum quae ex eorum parte audierat unde datus fuit terminus eis usque in tres septimanas Purificationis beatae Virginis ut ibidem iterum tunc eonvenireot Quod si mera voluntate Rex interim tales Consiliarios eligeret taliter jura regni tractaret quod Magnates contenti essent ad terminum illum super auxilio faciendo responsuri providerent ita tamen quod si aliqua pecunia eidem concederetur per dictos duodecim expenderetur ad commodum Regni Et cum per plures dies protraheret eos Dominus Rex volens eos quasi tedio affectos flectere ad consensum ut sine termini prorogatione ad auxilium contribuendum consentirent multipliciter convenit eos nec circumvenit quia Magnates hoc prudenter perpendentes IMMOBILITER IN PROPOSITO PERSTITERUNT Tunc Dominus Rex demum sperans salâ—m Clerum ad desiderium suum inclinare convocatis Praelatis porrexit illis Papales apices in publico recorded at large by Matthew Paris commanding and perswading the Prelates Abbots and Clergy to supply the Kings necessities and grant him an aid with particular Letters to all the Prelates from the Pope to the like effect The Prelates notwithstanding all the Kings private sollicitations and policies refused to return any answer to the Popes Letters till the time of the Lords reassembling or to do any thing but by Common Counsel and consent of the whole Parliament from which they would not be divided as you may there read at large The Nobles and Great men meeting again at the time prefixed agree on these ensuing Provisoes after long debate which they tendred to the King for his assent denying to grant him any aid of mony unless he consented to them De libertatibus alia vice emptis concessis per chartam Domini Regis confirmatis quod de caetero observentur Ad cujus rei majorem securitatem fiat nova charta quae super haec specialem faciet mentionem Et ab omnibus Praelatis solenniter excommunicentur qui scienter prudenter libertates a Domino Rege concessas vel impugnare vel impedire quo minus observentur praesumpserint reformetur status eorum qui post ultimam concessionem in libertatibus suis laesionem incurrerunt Et quia propter virtutem sacramenti praestiti nec non propter timorem sententiae latae a sancto viro Edmundo quod ea vice promissum fuerat hactenus non exstitit observatum ne hujusmodi periculum de caetero eveniat sic fiant novissima pejora prioribus de communi assensu quatuor eligantur Potentes et Nobiles de Discretioribus totius regni qui sint de Concilio Domini Regis et jurati quod negotia Domini Regis et Regni fidelitur tractabunt et sine acceptione personarum omnibus Justitiam exhibebunt Hi sequentur Dominum Regem si non omnes semper duo eorum ad minus praesentes sint ut audiant querimonias singulorum ut patientibus injuriam celeriter possint subvenire Per visum testimonium eorum tractetur Thesaurus Domini Regis pecunia ab Universis specialiter concessa
real crimes and misdemeanours operam dante Rege ut quamplures ex Angliis suo honore privarentur in quorum loco suae gentis personas subrogavit in confirmationem sui quod noviter acqusierat regni Hic nonnullos tam Episcopos quam Abbates quos nulla evidenti causi nec Concilia nec leges seculi damnabant suis honoribus privavit usque ad finem vitae custodiae mancipatos detinuit suspicione tantum inductus novi Regni As Florentius Wigorniensis and others inform us And in another Council held the same year at Windsore Bishop Agelric for pretended crimes was uncanonically degraded without any fault and presently after sent Prisoner to Marlebridge In this Council many Abbots were likewise degraded and Norman Monks put in their places In the 7 year of William Rufus Anno Dom. 1094. there fell out a great difference between the King and Archbishop Anselm upon this occasion The King alleged that it was the royal prerogative of him and his Ancestors That no man without his license or election should nominate or acknowledge any one within the Realm of England to be a lawfull Pope or yield obedience to him as Pope and that whosoever would deprive him of this royal prerogative it was all one as if he endeavoured to deprive him of his Crown Anselm whiles he was Abbot of Becca in Normandy before he was made Archbishop of Canterbury had acknowledged Urban to be lawfull Pope whom the King had nor yet received as Pope and resolved to receive his Pall from him and by no means to recede from this his subjection and obedience to him Upon which occasion the King being highly displeased with him protested That Anselm could not possibly keep that allegiance which he owed to him and likewise his obedience to the Apostolick See against his will they being inconsistent together and thereupon reputed him a Traytor to his Crown and dignity Anselmus igitur â—eâ—ivit inducias ad istius rei examinationem quarenuâ— Episcopis Abbatibus cunctisque regni Principibus una coeuntibus communi assensu definiretur â—rum sâ—lva reverentia obeâ—ientia sedis Apostolicae possit fidem Regi terreno serâ—are an non Quod si probatum inquit fuerit utrumque fieri minime posse fate or malo terram tuam donec Apostolicum suscipias exeundo devitare quam beati Petri ejusque Vicarii obedientiam vel ad horam abnegare Dantur ergo induciae atque ex Regis sanctione firme totius Regni Nobilitas quinto Id. Martii pro ventilaâ—ione istius causae in unum apud Rochinghâ—ham coit All the Bishops Abbots and Nobles being there assembled in a Parliamentary Council this controversie between the King and Anselm being stifly debated for many days The King required and the Bishops and Nobles much pressed Anselm singly to submit himself to the Kings Will without any saving of his obedience to the Pope which he peremptorily refused this being the sum of his answer to the Bishops and Nobles Cuncti noveritis in communi quod in his quae Dei sunt Vicario be ti Petri obedientiam in his quae terrenae Domini mei Regis dignitati jure competunt fidele consilium auxilium propensus mea capacitate impendam The King extremely incensed with his answer most intirely inquired of his Bishops and Nobles what he should object against his speeches After much consultation they agreed upon an answer telling Anselm Noveris totum regnum conqueri adversum te quod nostro communi Domino conaris decus Imperii sui Coronam auferre Quicunque enim Regâ—e dignitatis consuetudines tollit Coronam simul regnum tollit c. Whereupon they advised him to renounce Urban and to submit to the King and crave his pardon for his offence Which he refusing they perswadâ—d the King to give him no longer time to advise if he persisteâ— in his obstinacy Sed in eum mox judicii sententiam invehi juberet The King and Bishop of Durham preâ—ed That he might be deprived of his Ring Pastoral staff and Bishopâ—ick and banished the Realm if he would no submit to the Kings will which some of the Nobles misliking conceiâ—ing that he being their Superiour and Metropolitan could not be judged by them but by the Pope alone the King said Quid placeat si haec non placent dum vivo parem mihi in regno utique sustinere nolo c. Anselm thereupon desired the Kings safe conduct promising voluntarily to depart the Realm but refused to resign his Bishoprick which the King refused to grant unlesse he resigned it At last by the mediation of the Nobles and Bishops the King granted him longer time to consider of his absolute submission to him upon the promise of his loyal and peaceable deportment in the interim and so this Parliamentary Council ended the proceedings whereof are at large recorded by Eadmerus well worth perusal Anno 1095. Robert de Mulbrain William de Auco and many others conspired to deprive King William Rufus both of his kingdom and life and to make Stephen Earl of Albemarl King whom the King having thereupon taken Prisoners by an Army raised against them and committed to safe custody till their trial in Parliament Anno 1996. 8 days after Epiphany apud Salisberiam tenuit CONCILIUM in quo jussit Gulielmi de Auco in duello victi oculos eruâ—re testiculos abscindere dapiferum illius Gulielmum de Alderi suspendi Comitem Odonem de Campania praedicti Stephani patrem quosdam alios traditionis participes in custodiam posuit Here the King and Lords in a Parliamentary Council â—udge and condemn Traytors to death imprisonment or other corporal punishment as well Commons as Peers In the year of Christ 1.100 Ranulph Flambard Bishop of â—urham Consilio gentis Anglorum By the Vote of the whole Parliament of England was clapt up Prisoner in the Tower of London by King Henry the 1. at the importunity of the Nobles and the innumerable complaints made against him he being the chief Author and promoter of all the evil customs extortions and unjust oppressions of the Realm and people exercised by King William Rufus then redressed by the Charter of King Henry made and ratified by the assent advice of his Nobles and Barons exacting many times twice as much of the people as Wâ—lliam Rufus required wherewith the K. very well content would laugh and say That Ranulph was the only man for his turn who cared not whom he displeased so he might please his Master After he had been imprisoned some space he made an escape out of the Tower by a rope hurting his Leg and Arm by a fall from the wall to the ground the rope being too short then escaping into Normandy instigated D. Rob. to claim the Crown and invade the Realm to his own great loss the effusion of much Christian blood and great disturbance and damage of the
Hereupon the Earls departing having provided an answer returned with one Albric de Vere an experienced Lawyer who aggravating the Bishops offences against the King and the â—ray of their Servants at Oxford in a modest manner without reproach alleged that they being accused by general reports in all mens mouths for intending to deliver up their Castles to Maud upon her arival the King had thereupon apprehended and imprisoned them not as Bishops but as his Servants and Officers and had not taken away their Castles by force but by the Bishops voluntary surrender ut calumniam de tumultu quem in Curia coneitaverant evaderent That the money found in them was only that the Bishops had collected for King Henry his Uncles use and belonged now to his own Eschequer and that the Bishops willingly parted with the mony and Castles to him for fear of the things they had committed against the King who wanted not Witnesses to prove it Therefore he desired the agreements between him and the Bishops might remain confirmed Bishop Roger on the contrary denyed he was ever the Kings Officer or received his moneys adding Si justitiam de rebus sibi ablatis in illo CONCILIO non inveniret eam in audientia majoris Curiae qâ—aerendam The Legat gently replyed Omnia quae dicuntur contra Episcopos prius in Concilio Ecclesiastico et accusari aâ— vera essent decuisset inquiri quam in indemnes contra Canonum Decreta sententiam proferri Rex itaque faciat quod in forensibus judiciis legitimum est fieri ut revestiat Episcopos de rebus suis Alioquin jure Gentium disseisati non placitabunt After much debate on both sides the cause was put off 3. dayes one after anoâ—her till the Archbishop of Rhoan came Is ubi venit dixit se concedere ut Castella Episcopi haberent si se jure habere debere per Canones probari possent quod quianon possent extremae improbitatis esse contra Canones niti velle Et esto inquit justum sit ut habeant Certe quia suspectum est tempus juxta morem aliarum gentium Optimates omnes claves munitionum suarum debent voluntati Regis contradere qui pro omnium pace debet militare Ita omnis controversia Episcoporum infirmabatur Aut enim secundum Canonum scita injustum est ut habeant Castella aut si hoc pro indulgentia principali toleratur ut tradant claves necessitati temporis debent cedere Albric the Kings Lawyer added that the King was informed the Bishops intended to send some of themselves to Rome against him But he adviseâ—h none of you to presume to doe it for if any of you shall presume to go any whither against his will and the dignity of the Realm of England it is provided that his return will be very difficult Hereupon the Council presently dissolved and so ita discessum est ut nec Rex censuram Canonum pà â—i vellet nec Episcopi eam consultum exercere ducerent duplici ex causa seu quia Principem excommunicare sine Apostolici conscientia temeraâ—ium esset seu quoniam audirent quidam etiam viderent gladios circa se nudari King Stephen in the â—eaâ— 1152. Convocato apud Londonium Generali Concilio cum Episcopis Proceribus et Nobilibus Angliae tum pro Regni negotiis cum etiam pro negotio vacantis Ecclesiae Eboracensis much fearing and suspecting the valour and power of Young Henry Duke of Normandy right heir of the Crown ne in primo gradu haereditas cassaretur fraude retenta proposuit animo filium suuÌ„ Eustachium regio diademate insignire de jure debito jurato Henricum praevenire penitus privare This design of his being propounded in this Great Council the Earls and Barons assented to it and thereupon as Matthew Westminster records Comites Barones Angliae fecerunt ligantiam fidelitatem Eustachio filio Regis Stephani Whereupon King Stephen requested Theobald Archbishop of Canterbury with the rest of the Bishops to crown and anoint Eustace King Which the Archbishop peremptorily refused the Pope having expresly prohibited him by his Letters ne filium Regis qui contra jusjurandum regnum usurpasse videbatur in regem sublimaret that he should not crown the Son of a King who had usurped the Crown and kingdom against his Oath to Henry the first Queen Maud and their heirs Hereupon King Stephen and his Son Eustace with their complices being highly incensed commanded all the Bishops with the said Archbishop to be shut up in one house where they were assembled desiring to extort that from them by terrors and threats which they could not gain by prayers or price Some of the Bishops struck with fear deserted the Archbishops advice and seemed to comply with the King but the Archbishop continuing firm and resolute in his purpose escaping out of the House by a miraculous accident took his barge and rowing down the Thames got beyond Sea and so escaped the threats of the King and Eustace and defeated him of his much desired honour Whereupon the King being more exasperated than before by the advice of the Council presently banished him the Realm seised his Temporalties and confiscated all his goods Who by way of revenge stirred up Duke Henry right heir to the Crown to invade the Realm the very next year to whom most of the Nobles and people mindfull of their former Oaths presently flocked deserting the perjured Usurper Stephen who against his Oath invaded the crown by the instigation also of Roger Bp. of Salisbury who though advanced by King Henry the 1. from a mean condition to the greatest place and power next to the King yet proved so treacherously ingratefull to his heir Queen Maud to whom he had sworn allegiance Uâ— Rege defuncto qui ei tantae in hoc seculo claritatis autor extiterat circâ— legitimos ejus haeredes insidus ut Sâ—ephanum Sacramento illo aequè astrictum allocaret non solum non est veritus iucurrere perjurium verum etiam aliis insigne pejerandi praestruxit exemplum And therefore was himself as ingratefully and perfidiously handled by King Stephen who imprisoned his person and his Nephew Alexanders Bishop of Lincoln very strictly seised all their magnificent Castles Wealth Treasures pined them with famine so that this perjured Bishop for loss of his Castles or Treasures fell distracted through grief and died mad de perspicuo Dei judicio vitam longo tempore splendidissimam infelicissimo fine concludens as Neubrigensis observes King Henry the second succeeding Stephen Ann. 1164. to suppress the usurpations of the Pope and Prelates on the Crown summoned all the Bishops Abbots Priors Eaâ—ls Barons and Nobles of the Realm to a Parliamentary Great Council aâ— Clarindon where they made a recognition of all the antient Customs and liberties of the Realm used in the reign of king Henry the first which they all took a solemn Oath inviolably to preserve to the King and his heirs for ever and Archbishop Becket
la terre Countes et Barons without mentioning any Commons that at what time soever hereafter the Bishop or any of his successors should go against the points of the foundation or exemption of the said Abby that he who should bee Bishop for the time should pay to the King or his heirs thirty talents of gold The Bishop of Norwich in 21. E. 3. contrary to the Kings prohibition not to enter the franchises nor intrench upon the Priviledges of the said Abby against this ancient ordinance visited in the foresaid Abby and summoned them to shew the Charters of their foundation wrongfully and in despite of our Lord the King Whereupon the King sued forth a writ of contempt against the Bishop to which the Bishop appearing by his Attorney pleaded not guilty whereupon hee was found guilty by inquest upon which it was awarded that his temporalties should bee seised into the hands of the King by force whereof his temporalties were seised and a Scire facias issued against the Bishop to appear before the Chancellour to shew cause why hee should not likewise pay the thirty talents to the King according to this ordinance To which the Bishop pleaded that the Bishop at the time of this ordinance made might charge himself with these Talents but not his successours in perpetuity neither doth it appear that the Bishop himself was present in Parliament when this Ordinance was made and the other Bishops had no power to charge him or his successours without his consent But because it was done by ordinance made in Parliament and there of record it was adjudged it should binde him and his successours and that hee should pay the thirty talents of gold to the King and that the King himself shall set the price of them bee it more or less Odo Bishop of Bayon Earl of Kent brother to William the Conqueror by his great power and favour about the year 1071. Non modo terras sed libertates Ecclesiae Cantuariensis nullo ei resistente multipliciter invaserat oppresserat tenebat before Lanfranc his investiture in this See Lanfranc being made Arch-Bishop and informed of this rapine complained thereof to the King whereupon King William Anno 1074. Praecepit Rex quatenus adunatis PRIMORIBUS probis viris non solum de comitatu Cantiae sed de aliis Comitatibus Angliae querelae Lanfranci in medium ducerentur examinarentur determinarentur Disposito itaque apud Pinnedene Principum Conbentu Galfridus Episcopus Constantiensis Vir ea tempestate praedives in Anglia Vice Regis Lanfranco justitiam de suis querelis strenuissimè facere jussus fecit Lanfrancus enim valida ratione subnixus Ex Communi omnium Astipulatione et Iudicio ibi cuncta recuperavit quae ostensa sunt antiquitus ad jura Ecclesiae Christi Cantuariensis pertinuisse tam in terris quam in diversis consuetudinibus he there recovering no less than five and twenty Mannors besides smaller Farmes and parcels of Lands which Odo and others had seised upon in several Counties and restoring them to the Church in this Assembly Gervasius Doroberniensis writes thus of it In Congregatione illa Famosa Nobilium Angliae Seniorum quae ex praecepto Regis facta est apud Pinendene dirationavit Lanfrancus recuperavit terras ablatas libertates consuetudines revocavit Et sicut Rex tenet liberè consuetudines sibi debitas in terris suis ita Archiepiscopus Ecclesia Cantuariensis in omnibus locis tenent homines suas consuetudines terras jura libertates secundum cartas Regum The whole Plea and Proceedings in this Parliamentary Assembly at Pinendene are recorded in the Leiger-Book of the Church of Rochester and published by Mr. Selden ad Eadmerum Notae Spicilegium p. 197 198 199. It continued three whole daies The Names of the Bishops Nobles and BARONS present at it are there recorded and it concludes thus Hujus placiti multis testibus multisque rationibus determinatum finem post quam Rex audivit landavit laudans cum consensu omnium Principum suorum confirmabit ut deinceps incorruptus perseveraret firmiter praecepit so that the King and Nobles were the Judges in this great Plea and controversie and both adjudged and perpetually ratified what was therein adjudged to the Church of Canterbury both in Lands Customes Liberties Eadmerus writes that at another time Odo by the Kings permission placitum instituit contra saepefatam Ecclesiam tutorem ejus patrem Lanfrancum illuc omnes quos peritiores legum usuum Anglici regni gnarus adduxit Cum igitur ad ventilationem causarum ventum esset omnes qui tuendis Ecclesiae causis quaque convenerant in primo congressu ita convicti sunt ut in quo eas tuerentur simul amitterent Lanfranc being then absent and not using to bee present at such Pleas nisi necessitas summa urgeret being at his study and informed of this evil successe was nothing dejected at it sed dicta adversariorum non rectè processisse asseruit ideo cuncta in chrastinum induciari praecepit Placitum mane ipsemet hilaris intrat suas itaque causas quodam exordio quasi à rebus quae tractatae fuerant vel tractandae penitus alieno cunctis stupentibus orsus ita processit ut quae super eum pridie dicta fuerunt sic devinceret inania esse monstraret ut donec Vitae presenti superfuit nullus exurgeret qui inde contra eum os aperiret In the year 1072. There falling out a difference at Rome between the two Arch-Bishops Lanfranc of Canterbury and Thomas of York about the subjection which Lanfranc demanded of this Thomas and his Church of York to the See of Canterbury and Pope Alexander the xj quia consuetudinibus privilegiis ac privatis Episcopatus institutis certius quam jure scripto definiri posse videbatur decretum est à Papa ut a Rege et Regni Proceribus Dijudicaretur Whereupon the King Bishops Abbots and Nobles assembling together in Windsor Castle determined this controversy between them against the Arch-Bishop of York and made a final DECREE therein at the Feast of Pentecost ratified with the subscriptions of the King Queen both the Arch-Bishops all the Bishops and sundry Abbots recorded at large in William of Malmesbury Antiquitates Ecclesiae Brittannicae where they who please may peruse it This controversy about Primacy subjection and canonical obedience being afterwards renewed and eagerly prosecuted between Anselme Arch-Bishop of Canterbury and Thurstan of York was again discussed and determined in a Parliamentary Council at Salisbury by King Henry the first the Bishops Abbots and Nobles of the whole Realme As I have formely evidenced p. 165 166 167. After this there arising the like difference and contest between Arch-Bishop Anselme and Gerard of York about his oath of subjection and obedience to the Arch-Bishop and Church of Canterbury Anno 1107. it
was again resolved in another Parliamentary Assembly held that year by King Henry the first the Bishops Abbots Great men and Nobles of the Realme as you read before p. 173. Anno 1109. there sprung up another â—ot contest between Arch-Bishop Anselme and Thomas Elect of York about the oath of subjection and canonical obedience which was again debated and after Anselmes death again debated and finally setled in another Parliamentary Council by the King Bishops Nobles and Barons of the Realme of which at large before p. 174 175 176 177. The same Debate coming again between Ralph Arch-Bishop of Canterbury and Thurstan of York after his returne from Exile Anno 1121. was again concluded omnium Concilio Episcoporum Principum Procerum Regni p. 180. After many years intestine bloody wars between the perjured Usurper King Stephen Mawde and Duke Henry her Son for the Crown of England Anno 1153. apud Walingford in conventu Episcoporum et aliorum Regni Optimatum there was a final accord made between Stephen and Henry touching the inheritance and descent of the Crown that Stephen should adopt and constitute Henry for his son heir and successor to the Crown of England immediately after his death which Stephen should enjoy during his life yet so as that Henry should bee chief Justice and Ruler of the Kingdome under him This accord made between them by the Prelates Earles and Barons of the Realme was ratified by King Stephens Charter and subscribed by all the Bishops Earles and Barons in their Parliamentary Council at Walingford The difference and suit between King Henry the 2d and Roderic King of Conact in Ireland touching his Kingship Royalties Dominions Services Homage Loyalty and Tribute to King Henry were heard decided and a final agreement made between them in a great Parliamentary COUNCIL held at Windeshores Anno 1175. wherein King Henry the 2d and his Son with the Arch-bishops Bishops Earles and Barons of England without any Commons were present who made and subscribed this agreement recorded at large in Houeden where you may peruse it King Henry the 2d Anno 1177. Celebrato generali CONCILIO apud Northampton after the feast of St. Hilary by the advice of his Nobles restored to Robert Earl of Leicester all his Lands on this side and beyond the Sea as hee had them fifteen daies before the Warre except the Castles of Mounsorel and Pasci Hee likewise therein restored to Hugh Earle of Chester all the lands which hee had fifteen daies before the warre and gave to William de Abbine Son of William Earle of Arundel in the County of Southsex And in the same Council Deane Guido resigned into the hand of Richard Arch-Bishop of Canterbury the deanery of Walteham and all his right which hee had in the Church of Walteham quietum clamavit simpliciter absolute similiter fecerunt canonici seculares de Walteham de praebendis suis resignantes eas in manis Archiepiscopi sed Dominus Rex dedit eis inde plenariam recompensationem ad Domini Cantuariensis Archiepiscopi aestimationem Deinde Dominus Rex authoritate Papae Domini instituit in eadem Ecclesia de Walteham canonicos regulares de diversis domibus Angliae sumptos constituit Walterum de Garent canonicum sumptum de Ecclesia de Osencie Abbatem primum super congregationem illam magnis redditibus domibus pulcherrimis dotavit illos And then hee expelled the Nunnes out of the Monastery of Ambresbury for their incontinency and distributed them into other Nunneries there to bee kept more strictly under restraint and gave the Abby of Ambresbury to the Abbesse and house of Frum Everoit to hold it for ever Sanctius King of Navar and Alfonso King of Castile in the year 1177. submitted the differences between them concerning certain Lands Territories Towns and Castles to the determination of King Henry the 2d who thereupon summoned a Parliamentary Council of his Bishops Earles Nobles and Barons to hear and decide it by their advice Wherein the case being propounded debated and opened before them by the Ambassadours and Advocates of both Kings appeared to be this That King Sanctius during the minority of King Alphonsus an Orphant his Nephew Pupil and innocent from any crime unjustly and forcedly took from him without any demand hearing or Title divers Territories Towns and Lands there specified which his Ancestors had enjoyed and of right descended to him which hee forcibly detained Whereof hee demanded restitution and dammages On the other side Sanctius complained that Alphonsus the Emperour Father of this Alphonsus had by force of armes unjustly dispossessed his Grandfather of the Kingdome of Navarre after whose death Garsias his Nephew and next heir by the help of his friends and subjects recovered the greatest part thereof from the Emperour but not all Who dying leaving his Son Alphonso an infant with whom Sanctius made a league for ten years Alphonso during the League took by force of armes divers Castles Towns and Lands from Sanctius being his inheritance who thereupon demanded restitution both of the Castles Towns Lands and Territories taken from his Grandfather by Alphonsus his Father and from himself by Alphonsus together with the maine profit of the latter quia sine ordine judiciario ejectus est King Henry having fully heard their cases by the Advice and Assent of his Bishops Earles and Barons adjudged that both these Kings should make mutual restitution of what had been forcibly taken from either party together with the mean profits and dammages for part of them by an award and judgement under his Great Seal subscribed by all his Bishops Earles and Barons which recites super quaerelis vero praetaxatis de castellis terris cum omnibus terris pertinentis suis hinc inde violenter et injuste ablatis cum nichil contra Violentiam utrinque objectam à parte alterutra alteri responderetur nec quicquam quo minus restitutiones quas petebant faciendas essent alligaretur Plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus A clear Parliamentary resolution and judgement in point That Territories Lands Towns Castles injuriously taken by one King from another by force of armes and warre without just Title to them ought in Law and Justice to bee restored to the right heirs and owners of them and that Conquest and the longest Sword are no good Titles in Law or conscience against the right heir or inheriter which I desire those Sword-men and Lawyers who now pretend us a conquered Nation determine Conquest or the longest Sword a just Title to the Crowns Lands Revenues Offices Inheritances Houses Estates of other men now sadly to consider together with the sacred Texts Hab. 7. Micha 2.1 2 3 4 5. Job 20.10 18 19 20. Obad. 10. to 17. Ezek. ch 19. 35. Isa 33.1 1 King 21.1 to 25. Matth. 21.33 to 41. Luk. 20.14 to 17. ch 19.8
exterminium et omnes Magni qui Stephano juramentum fecerunt MISERVM SORTITI SUNT FINEM In the 16. and 17. years of K. John An. Dom. 1214 1215. The Prelats Earls Nobles and Barons being assembled together in a great Parliamentary Council held at Pauls after at St. Edmunds there was produced and read before them a Charter of King Henry the 1. which the Barons received from Stephen Archbishop of Canterbury which Charter conteined certain Laws and Liberties of King Edward granted to the holy Church and the great men of the Realm with some other Liberties which the said King had added thereunto of his own grant Which being read thereupon the BARONS ALL swore in the Archbishops presenc that if need were they would spend their blood in its defence And afterwards at St. Edmonds Bury the BARONS swore upon the High Altar That if King John refused to confirm and restore to them those Liberties and Rights of the kingdom they would make War upon Him and withdraw themselves from his allegiance till he had ratified them all by his Charter under his Great Seal Which they accordingly performed The King promising to confirm their Liberties and the Charter of King Henry the 1. which the Barons publikely read in 3. of their Great Parliamentary Councils and yet deâ—aying the same thereupon all the Nobles and Barons assembled together at Stamford with their horses friends and followers amounting to many thousands resolving to force the King to grant and ratify the same Whereupon the King sent the Archbishop of Canterbury William Marshal Earl of Pembroke and other prudent men to the Earls and Barons to demand of them Quae essent Leges Libertates quas quaerâ—bant Who thereupon produced a schedule of them to the Messengers quae ex parte maxima Leges antiquas regni consuetudines continebat Capitula earum partim in Charta Regis Henrici 1. superius scripta sunt partimque ex Legibus Regis Edwardi antiquis excerptâ— The Barons affirming quod nisi Rex illas in continenti concederet et Sigilli munimine confirmaret ipsi per captionem Castrorum suorum terrarum possessionum IPSUM REGEM COMPELLERENT donec super praemissis satisfaceret competenter The Archbishop returning to the King and repeating the Articles and Liberties they demanded to him by heart when he understood their contents with great indignation and scorn answered Et quare cum istis iniquis exactionibus BARONES non postulant regnum Vana sunt iniquit et superstitiosa quae petunt nec aliquo rationis titulo fulciuntur Affirmavit tandem cum iuramento fuâ—ibundus quod nunquam tales illis concederet Libertates unde ipse efficeretur servus When the Archbishop and William Marshal the Earl could by no means induce the King to consent thereto they returned by his command to the Barons relating all that the King had said to them in order Whereupon tota Angliae Nobilitas in unum collecta all the Nobles of England collected together into one body constituted Robert Fitzwalter General of their Militia calling him MARESCALLV MEXERCITVS DEI ET ECCLESIAE SANCTAE and flying to their arms besieged several of the Kings Castles Who thereupon seeing himself generally deserted almost by all men and fearing the Barons would take his Castles without any resistance though he bare an inexorable hatred against the Barons in his heart yet thinking to be revenged of them singly afterwards when he could not do any thing against them all being united he sent Messengers to assure them quod pro bono pacis ad exaltationem Regni sui et honorâ—m Gratanter concederet Leges et Libertates quas petebant desiring them to appoint a fitting time and place for them to meet and conferr together and perform what they desired Whereupon the King all the Nobles and Barons meeting together at a Conference in Running Mead he after many debates granted them the Laws and Liberties they desired confirming them by his Charters under his Great Seal the Tenor whereof is at large recorded in Matthew Paris and in the Red Book of the Exchequer being almost the same in Terms with Magna Charta and Charta Forestae afterwards granted confirmed in 9 H. 3. printed in all our Statute Books and so needless to transcribe These Charters being sealed and confirmed by the King he at the Barons request sent Letters Patents through all the coasts of England firmly commanding all the Sheriffs of the whole Realm that they should cause all men of what condition soever within their Bayliwicks to swear that they would observe the foresaid Laws and Liberties and that to the best of their power they would constrain the King himself by the seising of his Castles to perform all the things aforesaid as they were conteined in his Charter In mean time the King sent Letters to Pope Innocent to vouchsafe to confirm the Liberties and Charters he had granted with his Bull. After which for their more inviolable observation it was concluded and enacted That there should be 25 BARONS chosen by the LORDS not Commons who should to their utmost power cause the Great Charter confirmed by K. John to be duly observed That if either the King or His Justicier should transgress the same or offend in any one Article 4 of the said Barons should immediately repair to Him and require redress of the same without delay which if not done within forty days after that then the said 4 BARONS and the rest should distrain and seize upon the Kings Castles Lands and Goods till amends was made according to their arbitration Rot. Patent Anno 17. Johannis Regis in the Tower m. 21 22. n. 23. Dorso Writs were sent to all the Sherifs Counties of England to swear all the people to those 25 Barons to aid and assist them in the premises under pain of seizing their lands into the Kings hands and confiscation of all their goods to him if they refused to take the Oath within 15 dayes And the City and Tower of London were put into the Barons hands till the King had performed his agreement with them Such confidence and power was then reposed in the BARONS alone In the Patent Roll of 16 Johannis Regis pars 1. dors 3· I find this memorable Grant to the Barons well explaining the Statute of Magna Charta c. 29 Sciatis quod concessimus BARONIBUS qui contra nos sunt quod eos nec homines suos capiemus nec dissaiseamus nec super eos per vim vel per arma ibimus nisi per legem Regni nostri vel judicio Parium suorum in curia nostra A very excellent Privilege Law Liberty purchased by the Barons industry inserted into K. Johns Great Charter soon after published ratifying it in these terms Comites Barones non amercientur nisi per Pares suos non nisi secundum modum delicti Nullus liber homo capiatur vel imprisonetur vel
dissaisietur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlegetur aut exulet aut aliquo alio modo destituatur nec super eum ibimus nec eum in carcere mittemus nisi per legale judicium Parium suorum vel per legem terrae Nulli vendemus nulli negabimus aut differemus Rectum vel Justitiam The Barons having by their valour magnanimity industry procured these Great Charters of their liberties and of the Forest were as carefull vigilant to preserve them to punish the Violations of them and to get them reconfirmed repromulged when violated by our Kings which I shall manifest by some Records Histories not commonly known or taken notice of Rot. Pat. 17 Johannis pars 1. m. 19 21 22 23 24. Dorso and Chart. 17. Joh. Dors 27. There are sundry Patents Commissions Writs for sending the Great Charter and Charter of the Forest into every County for enquiring of all evil customs contrary to them that they might be abolished all violations of them that they might be redressed all by the Barons procurement and by agreement betwen the King and Barons whose names are there inserted Pat. 1 Hen. 3. m. 13. 15 The Great Charter by advice of the Earls and Great men is sent by King Henry the third into Ireland the exemplification whereof was sealed with the Poâ—es Legates Seal as well as the Kings and precepts are theâ—e sent to Sherifs to read it openly it being thus stiled in these Records Libertates Charta libertatum Regni nostri Angliae a patre nostro a nobis concessae so Claus 12 H. â—3 pars 1. m. 17. There is another precept for publishing and observing the Great Charter in Ireland Rot. Claus 2 H. 3. m. 6. 11. Dorso The Great Charter by special writs is commanded to be duly kept read and observed in most Counties and sent down into Yorkshire for that end by the Barons advice and procurement Pat. An. 3. H. 3. pars 2. m. 3. There is mention of Charta nostra de Libertatibus Forestae concessis probis nostris hominibus de Anglia By the Barons means and order for its observation Anno Dom. 1223. The 7th of Henry the 3 his reign This King in the Octaves of Epiphany apud Loudonias veniens cum Baronibus ad colloquium requisitus est ab Archiepiscopo Cantuariensi Magnatibus aliis ut libertares liberas consuetudines pro quibus guerra mota fuit contra patrem suum confirmaret Et sicut Archiepiscopus ostendit evidenter idem Rex diffugere non potuit quin hoc faceret cum in recessu Ludovici ab Anglia juraverat tota Nobilitas Angliae cum illo quod libertates praescriptas omnes observarent ab omnibus traderent observandas Quod audiens Gulielmus de Briwere qui unus erat ex Consiliariis Regis pro Rege respondens dixit Libertates quas petitis quia violenter extortae fuerunt non debent de jure observari Quod verbum Archiepiscopus moleste ferens increpavit eum dicens Gulielme si Regem in veritate deligeres pacem regni non impedires Videns autem Rex Archiepiscopum in ira commotum dixit Omnes libertates illas juravimus omnes astricti sumus ut quod juravimus observemus Et Rex protinus habito super hoc consilio misit literas suas ad singulos Vicecomites Regni ut per milites duodecim vel legales homines uniuscujuscunque Comitatus per sacramentum facerent inquiri quae fuerunt libertates in Anglia tempore Regis Henrici avi sui facta inquisitione Londonias mitterent ad Regem in quindecim diebus post Pascham These Writs and Letters of the King are recorded in the Tower Rot. Claus 7. Hen. 3. part 2. m. 20. dorso Commanding the liberties found and retorned to be proclaimed and observed But it seems by Dors 14. there was a countermand neither to proclaim nor observe them Whereupon the King soon after sending the Archbishop with three other Bishops into France to King Lewis to render Normandy with other lands unto King Henry according to his Oath made to him in his recess from England with the consent of all the Barons King Lewis thereunto replied that King Henry had first broken his Oath to him in this particular amongst others De Libertatibus autem regni Angliae de quibus guerra mota fuerat quae in recessu suo concessae erant AB OMNIBUS JURATAE ita actum est quod non solum illae leges pessimae ad statum pristinum sunt reductae fed illis nequiores per totam Angliam sunt generaliter constitutae nec etiam Ecclesiae sanctae Libertates quas in Coronatione sua inviolabiliter se juravit conservaturum conservat Unde qui prius pactum violavit primus injuriosus existit non ego Quod audiens Archiepiscopus Episcopi qui cum eo erant cum aliud responsum habere nequiverant confusi ad propria sunt reversi Regi Angliae quae audierant referentes In the 8 year of King Henry rhe 3. the King by reason of the insurrection of the Earl of Chester and others and the French Kings taking of Rochel from him Convenerunt ad Colloquium apud Northamptonam Rex cum Archiepiscopis Episcopis Comitibus Baronibus aliis multis de regni negotiis tractaturi c. Wherein Regi pro maximis laboribus suis expensis tam à Praelatis quam a Laicis concessum est Carucagium per totam Angliam de qualiter caruca duo solidi argenti Whereupon the King by the Barons and Nobles consent and advice as appears by Rot. Pat. 8. H. 3. pars 3. Dors 14 15. Sent Writs to sundry Sherifs and to the Bishop of Durham and his Chancellor to proclaim and observe the Great Charter of Liberties and the Charter of the Forest In the 9 year of King Henry the 3. the King holding a Parliamentary Council at Westminster demanded advice and also a fiftenth part of all the moveables of the Clergy and Laity through England for the recovery of the antient dignity rights and possessions of the Crown then lost and seised on by the French King Whereupon Archiepiscopus Concio tota Episcoporum Comitum Baronum Abbatum Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratanter acquiscerent si illis diu petitas libertates concedere voluisset Annuit itaque Rex cupiditate ductus quod petebant Magnates Cartisque protinus conscriptis Regis sigillo munitis ad singulos Angliae Comitatus Cartae singulae dirigâ—ntur ad Provincias illas quae in Forestis sunt constitutae duae cartae sunt directae una scilicet de libertatibus communibus alter de libertatibus Forestae c. Et sic soluto Concilio delatae sunt cartae singulae ad singulos Comitatus ubi ex
they their Ancestors purchased at so dear a rate and a means to dis-ingage them for ever siding hereafter with and setting them against the Commons and Republike for such an high dishonour and affront as this will prove 3ly Our Lords and Nobles have been the stoutest Champions to defend the Rights Privileges Liberties of the Crown Realm and Church of England the Great Charters Liberties Laws Franchises Properties of the Clergy people therein against the Popes and Prelates Antichristian invasions and enchroachments on them for proof whereof I shall present you with these few pertinent presidents instead of many others recorded in our Annals Pope Paschal the 2. and his Confederate Anselm Archbishop of Canterbury endeavouring by a Papal Decree to deprive the King of the investiture of Bishopricks by a Ring and Staff which his Ancestors enjoyed The King thereupon writ and sent him a Letter by two of his Bishops Anno Dom. 1103. wherein he concludes thus Beneficium quod ab Antecessoribus meis beatus Petrus habuit vobis mitto eosque honores eam obedientiam quam tempore Patris mei antecessores vestri in Regno Angliae habuerunt tempore meo ut habeatis volo eo videlicet tenore ut dignitates usus et consuetudines quas Pater meus tempore antecessorum vestrorum in regno Angliae habuit Ego tempore vestro in eodem regno meo integre obtineam Notumque habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates et usus Regni Angliae non minuentur Et si ego quod absit in tanta me dejectione ponerem OPTIMATES MEI imo TOTIUS ANGLIAE POPULUS ID NULLO MODO PATERETUR Habita igitur karissime Pater utiliore deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia To pretermit the Statutes of Clarindon Anno 1164. made and sworn to be observed by the Prelates Abbots Earls Barons and Nobles very derogatory to the Popes and Prelates usurpations in maintenance of the Kings Prerogative and peoples liberties recorded in Mat. Paris p. 96 97. Chronica Gervasii col 1386. In the year 1185. Heraclius Patriarch of Jerusalem comming into England with the Keys of the Tower of David and of Christs Sepulcher and the Banner of the holy Cross presented them to King Henry at Reading whom they had elected King thereof with an earnest Letter from Pope Lucius to accept thereof that so he in his absence might the more securely invade the rights of his Crown and Kingdom Hereupon the King Convocatis apud Londoniam totius Angliae Primatibus as Gervasius Dorobernensis or Convocato Câ—ero Regni ac populo to wit rhe Prelates and Nobles not ordinary Clergy and Commons usually expressed by this phrase as Mat. Paris relates it Convenerunt Londoniis apud Fontem Clericorum decima Kalendas Aprilis Rex cum universa Nobilitate Regni which expounds Clerus Regni et Populus Whence Radulphus de Diceto thus relates it Ad vocationem Regis Cantuariensis electus et Cantuariensis Ecclesiae Suffraganei Dunelmensis Episc Abbat Conventualium locorum Praelati Comites et Barones convenerunt apud fontem Clericorum 15 Kal. Apritis Rex itaque Patriarcha Magistro sanctae domus hospitalis Jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus multis obstrinxit quatenus proponerent in medio quod super his saluti animae suae viderint expedire Ad hoc enim cor suum inclinatum dicebat ut quod acciperet ex eorum consilio modis omnibus observaret Tunc Concilio universo super praemissis colloquenti datum est igitur sub deliberatione quod esset consultius vel quod Rex in propria sua persona Jerosolomitanis succurreret vel Anglorum regno cujus gubernationem in facie Matris Ecclesiae dudum susciperat adhuc praeesse nulla ratione desisteret Ad illa siquidem tria quae Rex quilibet consecrandus promitiit aliqui revocabant Promittit namque se praecepturum opem pro viribus impensurum ut Ecclesia Dei populusque Christianus veram pacem in omni tempore servet Promittit etiam quod rapacitates et omnes iniquitates omnibus gradibus interdicet Promittit adhuc quod in omnibus judiciis aequitatem misericordiam praecipiet Satius ergo visum est VNIVERSIS animae Regis multò salubrius quod regnum suum debita cum moderatione gubernet et a barbarorum irruptionibus a gentibus externis tuâ—atur quam saluti Orientalium in propria sua persona De filiis Regis quidem quorum petiis aliquem Patriarcha si Rex tamen recusaret quicquid statuere cum essent absentes incongruum videbatur Whereupon Heraclius returned the Pope and he by this advice of the Nobles being both deprived of their hopes Rex inito consilio responderat quod oblatum sibi Regnum Hierosolomitanum accipere et adire et Regnum Anglorum deserere hostibus vicinis exponere non fuit ut credidit Deo acceptum cum sit Deo tam gratum tam devotum hoc ut illud King Iohn in the 17 year of his reign having confirmed the Great Charter of the liberties of England and of the Forest by his Seal Oath and the Popes own Bull after his surrender of his Crown and kingdom ro the Pope regranted to him under an annual tribute Pope Innocent by his Bull in a General Council held at Rome repealed these Charters of the King as compelled to grant them by force and fear against his will commanding the King under pain of a curse and excommunication not to observe the Barons not to exact or demand the said Charters or any obligations or cautions whatsoever for or concerning them which he utterly cancelled and made void ut nullo unquam tempore aliquam habeant firmitatem Writing also exhortatory minatory Letters to the Barons not to claim the said Charters or Liberties obtained by force and fear and therefore not only vile and dishonest but unlawfull and unjust under pain of his displeasure and Sentence But what was the issue Matthew Paris thus records Cumque tandem Rege Anglorum procurante Magnates Angliae has Literas tam commoniâ—oriaâ— quam comminatorias accepissent Noluerunt desistere ab inceptis ed adhuc insurgentes Regem acriter infeâ—tabant dicendo de Papa illud propheticum Vae qui justificatis impium c. The Pope being informed that the Barons persisted in the prosecution of their Liberties and Wars against the King excommunicated them al their adherents in general for contemning and disrespecting his said Papal Decree Letters authority and suspended the Archbishop of Canterbury for siding with them But they contemning this his Sentence and persevering in their designs and wars he thereupon excommunicated all the Barons by name and likewise interdicted them and their adherents which being published in most places in the Country and thereby
were first made never sate in Parliament Whereas this writ hath no operation or effect to enoble him or his posterity unless and until he actually sit in Parliament for if he die before he sit or sit not at all neither he nor his issue are Noble This distinction and concession of his contradicts his former opinion That the Writ it self doth not ennoble the person and his heirs for if it did then he and they should be ennobled by it though he died before he â—aâ—e in Parliament because they are thus ennobled by Letters Patents which create them Nobles or Peers and make them actually such though they never sit in Parliament 7ly Sir Edward Cook in his 4 Institutes p. 44 45. thus resolves If the King by his Writ calleth any Knight or Esquire to be a Lord of the Parliament he cannot refuse to serve the King there in communi illo confilio for the good of his Country But if the King had called an Abbot Peer or other regular Prelate by Writ to the Parliament to the Common Council of the Realm if he held not of the King per Baroniam he might refuse to sit in Parliament because quoad secularia he was mortuus in lege and therefore not capable to have a voice or place in Parliament unless he did hold per Baroniam and were to that Common Council called by Writ which made him capable And though such a Prelate regular had been often called by Writ and had de facto had place and voice in Parliament yet if in rei veritate he hold not per Baroniam HE OUGHT TO BE DISCHARGED OF THAT SERVICE AND TO SIT NO MORE For that the Abby of Leicester was founded by Robert Fitz Robert Earl of Leicester albeit the Patronage came to the Crown by the forfeiture of Simon de Mountford Earl of Leicester yet being of a Subjects foundation it could not be holden per Baroniam therefore the Abbot had no capacity to be called to the Parliament and thereupon the King did grant Quod idem Abbas successores sui de veniendo ad Parliamentum Concilia nostra vel haeredum nostrorum quieâ—i sint exonerati in perpetuum But all these Cases abovesaid and others that might be remembred touching this point as little Rivers do flow from the fountain of Modus tenendi Parliamentum where it is said Ad Parliamentum summoneri venire debent ratione tenurae suae omnes singuli Archiepiscopi Episcopi Abbates Barones Priores alii Majores Cleri qui tenent PER COMITATUM VEL BARONIAM ratione hujusmodi tenurae nulli minores nisi eorum praesentia necessaria utilis reputetur To which purpose he likewise cites the Act of Parliament of 10 H. 2. called the Assize of Clarindon and the Great Charter of King John in the 17 year of his reign here forecited p. 21 30 31. For Modus tenendi Parliamentum here so much magnified I have already p. 20 sufficiently discovered it to be a late forgery and imposture out of the very Treatise it self by undeniable proofs which I wonder Sir Ed. Cook Mr. Agar and other pretended judicious Antiquaries observed nor being so obvious yet though it be an imposture and erronious in other things I shall grant it true in this particular here cited As to the point in controversie had Sir Ed. Cook here thus distinguished in the case of Laymen Knights Esquires as he doth in case of Abbots Priors and Religious persons that if the King had by his Writ called any Laymen Knight ot Esquire to the Lords House of Parliament by his general Writ who held of him in fee or fee tayl per Baroniam and was a Baron by tenure that this had enobled him and his posterity as Barons he could not refuse to serve the King as a Baron in this Common Councel for the good of his Country his opinion might have passed for good Law For such who had lands in fee or fee tayl of the King by an intire Barony being Barons and Peers of the Realm by their very tenures ought of right by the express words of the Statute of Clarindon the Great Charter of King John and by the Common Law and Custom of the Realm to be summoned as Barons by the Kings special writs directed to them to all Parliaments and great Councils of the Realm by vertue of their Tenures as well as Bishops Abbots Peers and other regular Prelates who held by Barony yet the writ in this case doth not make them and their heirs Barons by writ nor give them a right to sit and vote in Parliament but only declare them and their heirs to be Barons and to sit there as Barons by their Tenure not by vertue of the Writ it self But if the King by this general Writ summon any Layman Knight or Esquire to the Lords House who holds not by Barony this doth no more make him a Lord or Baron in perpetuity to him and his heirs nor no more oblige him or his heirs to sit there than Abbots but that they may refuse to serve in Parliam if he were no Peer before being not obliged by any Law to sit and serve therein as a Baron or Member of the House of Peers by the Writ alone which doth not bind an Abbot Prior or regular Prelate or ennoble him and his Successors to be Peers and Barons of the Realm though they hold only by Frankalmoign not by Barony the Tenure By Barony being that alone which obligeth both of them to sit and serve in Parliament unlesse they be created Dukes Earls Viscounts Lords Peers or Barons by Patent or else by a special Wrir wherein the estate and dignity of a Baron is both created and limited as in the Writ that created Sir Henry de Bromflet Baron of Vescey in the 27 year of King Henry the 6 where after the Nullatenus omittatiâ— this Clâ—se is inserted Volumus enim vos haeredes vestros maâ—culos de corpore vestro legitime exeuntes BARONES DE UESCY EXISTERE Teste c. If a Layman who holds not by Barony be created a Duke Earl Baron or other Peer of the Realm for life in tayl or in fee by Letters Patents or an Abbot or Prior who holds not by Barony and his Successors be created Lords of Parliament by a special Patent of the King as Richard Banham Abbot of Tavestoke and his Successors were bâ— King Hen. the 8. to whom the King granâ—ed by special words Ut eorum quilibet qui pro tempore fuerit Abbâ—s sit erit unus de Spiritualâ—bus religiosis DOMINIS PARLIAMENTI NOSTRI haeredum successorum nostrorum gaudendo honoreâ— Privilegio libertaribus ejusdem This obligeth them to appear and serve in Parliament upon every Writ of Summons and they their heirs males and Successors cannot refuse to serve or voluntarily absent themselves without cause or license under pain of being fined
in barr of the Writs of Summons directed to them because those writs themselves did ennoble and make them their posterity successors Peers of Parliament though they held no Lands by Barony 8ly it is undeniable by sundry presidents that the Kings general writs of Summons create none Lords or Peers of Parliament for life or Inheritance if they hold not by Barony which I shall evidence by these presidents in point To the Parliament of 49 H. 3. there were no less than 64 Abbots 36 Priors the Master of the Temple and 5. Deans of Cathedral Churches namely of York Exeter Salisbury Lincoln Bath and Wells summoned by general writs as the Bishops Earls Barons and other Nobles were yet this did not make themselves nor their Successors Barons or Peers of Parliament for neither of these Deans nor their successors were ever afterwards summoned to Parliament as they would and must have been had this writ made them or their successors Barons and Lords nor any of the Abbots or Priors but such only who held by Barony who were constantly summoned but those who then held not by Barony or Militare servitium if casually summoned to one Parliament were yet upon their complaints thereof omitted and discharged in the next as the Writs of Summons themselves attest and Mr. Selden manifests out of them Therefore the Writs did neither create them Barons for life much less their successors after them for then they should still have of right been summoned to succeeding Parliaments and ought not to have been discharged In the 18 of Ed. 2. A Writ of Summons was sent by the King Magistro Gilberto de Middleton Archidiacono Northampton Officiali Curiae Cantuariensis Magistro Roberto de Sancto Albano Decano de Arcubus London But no writ was ever directed to them afterwards but in this one Parliament only therefore it made them not Lords and Barons for life inheritance or succession The like is evident by the forecited presidents of the Abbots of St. James Leicester and other Priors So the Gardians of the Spiritualties of Bishops during the vacancy and their Vicars Generals during their absence beyond the Seas have been frequently summoned to Parliaments by writs But being summoned only as substitutes or in the right of the Bishops or Bishopricks it made them no Barons or Peers neither were they ever esteemed such heretofore or at this day as Mr. Selden informs us And as it was thus amongst Abbots Priors Deans and other Clergy-men that these writs made them not Barons for life nor yet in succession so by the selfsame Law and Reason they made no Laicks who held not by Barony such for life or inheritance Whence we find many such in the summons to Parliament of King Henry 3. Ed. 1 2 3. R. 2. H. 4 5 6. who were summoned once twice or thrice but never afterwards nor any of their name or posterity of which no other solid reason can be given but that these general writs of summons made them neither Barons for life nor inheritance no more than they did Abbots Priors or Clergymen For example I find Edmond Barstaff Robert de Crendon H. Huse Ader de Estlye Serton de Hansladorn and sundry others summoned by Writ to Parliament in 33 E. 1. Peter Corbet Andrew de Hamloe Henry Tregor Maurice de Buen Roger Banuent and some others in 13 E. 2. Simon Ward Henry Dandle William Blunt in 4 E. 3. Roger de Claudes Ralph de Bevil William de Kineston in 14 E. 3. Ralph Bulmer Thomas Bugworth in 22 E. 3. William de Ridehal in 27 E. 3. Robert de Colvil John de Kirton John de Wodhurst John Northwood John de Strivelin in the Parliament summons of 37. and one of them again of 38 E. 3. Henry Quarts in 6 H. 4. Henry Cuart in 7 H. 4. William Cheyney Chief Justice in 4. 6 H. 6. But neither of their persons nor any of their posterity were ever after summoned that I find to any other Parliaments as no doubt they would have been had those their writs of summons made them Lords and Barons In the Clause Roll of 5 E. 3. m. 12. dorso the King sent writs into Ireland to William de Burgh Earl of Ulster James de Botâ—ler Earl of Ormond William de Bremigham Knight and Walter de Burgh strictly enjoyning them with all speed to come over into England Nobiscum tractaturi vestrumque Consilium impensuri concerning his intended Voyage in person into Ireland and setting the peace and affairs therof and I read in the reign of King Henry 3. Edward the 1. 3. and other of our Kings that the King of Scots and his Nobles were oft summoned by Writs to our English Parliaments concerning the affairs of Scotland yet these writs made none of them Peers and Barons of our English Parliaments From all which I may safely conclude Sir Edward Cooks and others Opinions to be no Law but a clear mistake that a general writ of Summons doth or can create any who hold not by Barony Peers or Barons for life much less in fee or fee-tayl Therefore such may be afterwards elected Knights or Burgesses of Parliament and be Members of the Commons house and refuse to sit or serve in the Lords house upon summons without contempt or fine but no Baron or Peer of the Realm may be thus chosen or neglect his service in the Lords house Finally Mr. Cambden in his Britannia p. 120 122. Apologia p 11. and Mr. J. Selden in his Titles of Honour part 2. chap. 5. Sect. 31. p. 708. to 718. assert That as some Spiritual Barons who were conceived to be Barons by writ as well as by tenure though sometimes summoned to Parliament by writ were wholly omitted at length as not having of right Voice and Place with the rest because they held not by Barony So sundry of the Lesser Barons and Tenants in Capite holding only of the King as Vavasors by Knights service and not by an intire Barony were likewise excluded the Parliament and not summoned thereunto by King John Henry the 3. Edw. the 1. being not great and honourary Barons nor having estates sufficient to support that dignity and that as Mr. Selden conceites by some Law made not long before the Great Charter of King Iohn procured by MAJORES BARONES who foreseeing that their power and dignity might suffer much diminution if the new tenants in chief or Patentees of Escheated Baronies and the rest that were decayed should have equality with them and be indifferently Barons of the Kingdom every way as they were procured a Law in some of the Parliaments that preceded the Great Charter of King John by which themselves only should hereafter be properly stiled summoned as BARONS and the rest only Tenants in chief or Knights which Titles shold be given them as distinct names from Barons which could not but much lesen the dignity and honor of the rest
59. The same year Majores natu Angliae et Magnates terrae congregavit Londonii by whose advice hâ— maried Mawde daughter of the King of Scots right heir to the crown of the Saxon line and anointed and crowned her Queen there being a great debate whether she might lawfully marry having worn a veil â—n a Monasteâ—y whiles she was young which was resolved in a Council at Lambeth where Episcopi Abbates Nobiles quique ac religiosi ordinis viri were aâ—embled â—o deâ—cide iâ— who upon debate resolved she might lawfully marry as Eadmerus records at large The next year Anno 1001. Duke Robert returning from the holy Land and laying claim to the Crown of England as right heir and eldest Brother thereupon King Henry PRINCIPES suspectos habentes ne à se instabili ut sit fide dissilirent and they suspecting him ne undique pace potitu in se legibus efferatis desaeviret actum ex consulto est ut certitudo talis exinde fieret quae utrinque quod verebatur excluderet Sed ubi ad sponsionem fidei ventum est TOTA REGNI NOBILITAS assembled in a Parliamentary Council cum populi numerositate who depended on their advice Anselmum inter se regem medium fecerunt quanta ei vice sui manu in manum porrecta promitteret Iustis et Sanctis Legibus se totum regnum quoâ—d viveret in cunctis administraturum After which when as upon the report of Duke Roberts arival Statim MAJORES REGNI quasi suae sponsionis immemores ad illum relicto Rege semet transferre parabant Whereupon Anselm AD UNATIS PRINCIPIBUS CUNCTIS shewed to them and after that to the whole multitude of the Army who came about them quam execrabiles Deo et omni bono homini forem qui fidem quam Principi suo debebant quoquo modo â—iolarent Whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere quam violata fide sua Regem seducere After which PRINCIPES utrinque fratrum non ferentes dissidium colloquium inierunt pio circumspâ—cto consilio MVTUUM ET GENERALE and by the Mediation of the NOBLES on both sides an accord was made between the King and his Brother Robert propter manifestum jus quod habuit ad regnum possidendum that Robert should receive 3000 marks yearly from England and that the longest liver of them should be heir to the other if he died without issue male Hoc autem PER 12 MAGNATES juratum fuit utrinque Anno 1202. there fell out a difference between the King and Anselm touching investitures of Bishops Anselm refusing to consecrate any Bishop Abbot or Clerk who received investitures from the King or the hand of any Layman being against the Decree of the General Council of Rome whereupon the King sent for him to his Court where this business was at large debated EPISCOPIS REGNI PROCERIBUS QUE verba hinc inde ferentibus in singulis Regiae voluntati parere certantibus imo ne Romanae Pontificis obedientiae subderetur summopere â—insistentibus Not long after the King by other Letters summons Anselm to appear at Winchester to compose this difference Ubi EPISCOPIS TERRAE QUE PRINCIPIBVS sub uno coactis COMMUNI ASSENSU apud Anselmum actum est Nuncii prioribus excellentiores ex utraque parte Romam mitterentur Romano Pontifici viva voce exposituri illum aut à sententia decessurum aut Anselmo cum suis extra Angliam pulso totius regni subjectionem et commodum quod inâ—e singulis annis habere solebat perditurum Which being accordingly pursued and faventibus simul et incitantibus Regem Episcopis regnique Proceribus he commanded Anselm to promise to doe him homage and consecrated all those to whom he had given investitures without retractation The same year 1102. Celebâ—atum est generale Concilium Episcoporum et Abbatum totius Regni at St. Peters Church on the West side of Loâ—don rege annuente huic conventui affuerunt Anselmo Archiepiscopo petente a Rege Primates Regni quatenus qui qu dâ—ejusdem Concilii authoritate â—ecernectur utriusque ordinis concordi cura et sollicitudine ratum servaretur Sic enim necesse erat c. In which Council there were many Laws and Canons made for regulating the Church Monks and Clergy communi consensu Episcoporum et Abbatum et Principum totius Regni Principes Regni omnes tam Ecclesiastici quam secularis ordinis being present at it as the marginal Authors attest but no Commons Knights or Burgesses Not long after the same year Anselm peremptorily refusing to consecrate those Bishops whom the King invested with a pastoral Staff and Ring and some of them resigning them as unlawfull and publikely refusing to be consecrated by such an investiture from the king to his great dishonour and prejudice of his royal right and prerogative the king thereupon repaired to Canterbury where Anselm and he had a sharp contest At last he requested An elm to goe in person to Rome to procure the Pope to reverse his decree against investitures ne ipse perdendo suorum jura Antecessorum eis vilior fiat who desired that this businesse might be deferred till Easter ut audito Episcoporum Regnique Primatum Consilio qui modo non assunt respondeam hinc Which being granted Anselmus in Pascha Curiam venit regni ingenuitatem de negotio praesens consuluit COMMUNIS CONCILII Vocem unam accepit so Eadmerus Convenitur a Rege EPISCOPIS ET MAGNATIBUS so Malmesbury relates it ut ipse Romam dignatur proficisci quod alii minus egerant sua praesentia suppleturus who thereupon consented to goe NE CUCTORUM VOLUNTATI DEESSET Mat. Paris Matthew Westminster and others write that he was then banished out of England for his obstinacy Regis injusto judicio and all his temporalties seised which Eadmerus and others write was not done nor executed till after the Popes Decree against the Right of investitures passed against the King and Anselms departure from Rome towards England when the King prohibited him to return into England unless he would submit to doe him homage and consecrate Bishops by his investiture as all our Historians accord Anno 1106. Duke Robert coming to his Brother King Henry the 1. into England to Northampton to deâ—ire him to restore his Brotherly affection to him whereof he had deprived him but could not obtain it Rex itaque Henricus sentiens conscientiam suam in obtentu regni cauteriatam erat quippe eleganter literatus utpote a primaeva aetate praecepto patris addictus literis jam in jure quod audierat secreto expeditus coepit in semetipso impetus insurgentium formidare Dei judicium in ipsum fulminare eo quod fratri suo primogenito cui jus regni manifeste competebat temere usurpando injuste nimis abstulerat Sed plus timens
deceasing the King keeping his Court aâ— London at Pentecost Rex Regni Proceres atque Praesules ad incundum de Eboracensi Archiep consecratione Concilium Londinum convocavit Wherein caepit agere cum Episcopis et Regni Principibus quid esset agendum de consecratione electi Eccleâ—iae Eboracensi Where Anselms recited Letter being produced and read the Earl of Mellent demanded Which of the Bishops durst to receive that Letter without the assent and command of the King their Soveraign Lord Whereupon the Bishops perceiving that the Earl by this question was willing calumniam movere qua eos regiae Majestati obnoxios faceret remoti à multitudine habito consilio staruunt apud se suis omnibus si regia sententia hoc forte Comitis instinctu dictaret se malie dispoliari quam iis quae Anselmus de praesenti quaerela praeceperat non obtemperare Istis ergo firmato Consilio inter se they sent for Samson Bp. of Worcester to know his opinion thereinâ— who communing with them and telling them that himself was present when as his brother Thomas Archbishop of York Elect tum antiquis consuetudinibus tum invincibilibus allegationibus actus eandem pâ—ofessionem Lanfranco Archiepisco Cantuariensi cunctis suis successoribus fecit Thereupon simul omnes Episcopi ad Regem reversi sunt constanter literas quibus Comes sciscitatus fuerat se suscepisse contra eas nulla ratione quicquam acturos asserentes Ad quae cum idem Comes caput agitareâ— autumans jam in illos quasi de contemptu Regis crimen injiciendum dixit Rex Quicquid in iis aliorum sententia ferat de me constat quia cum Episcopis sentio nec vel ad horam excommunicationem Anselmi subjacere aliquatenus volo Quibus aâ—ditis gavisi sunt omnes Et agentes domino grates pariter conclama verunt Anselmum adesse et quam non poterat in corpore degens jâ—m mundo absâ—â—tem causam Ecclesiae suae determinaâ—e Deinde in laudibus eximii Principis demoratum est ac ut ipse dignitatem Primatus Ecclesiae Cantuariensis humiliari a nulâ—o permitteret postulatus siquidem in hoc dicunt consuetudines antiquae et earum confirmationes astipulatione totius regni sub magno Rege Willielmo factae necne privilegia quae his priota existunt ab Apostolica Sede ipsi Ecclesiae collata corrumperentur scinderentur annihilarentur Adquievit istis Rex jussit ipsarum quoque scripta Auctoritatum quae Ecclesia Canâ—uariensis habebat sub celeritate afferri allata recitari Quod ubi factum est intulit Quid amplius quaeritur Auctoritates privilegia Apostolicae Sedis quae in praesentia Patris Matris meae sub testimonio confirmatione Episcoporum Abbatum Procerum Regni definita sunt ut quasi de Epistola Anselmi penitus taceatur ego in quaestionem mitterem ego novis Ambagibus agitari permitterem Immo sciat Thomas se aut subjectionem obedientiam Ecclesiae Cantuariensi ejusque primatibus ut Antecessores sui professi sunt professurum aut Archiepiscopatui Eboracensi ex toto cessurum Fugat ergo quod vult Consideratis itaque Thomas auctoritatibus quibus Ecclesiam Dorobernensem niti circumvallari videbat spretis clericis suis quorum se Consilio credidisse sero dolebat se contra ipsas Auctoritates nolle stare sed morem Antecessorum suorum sequendo ipsis adquiescere Ecclesiam ipsam deinceps semper diligere velle dixit honorare Praecepit igitur Rex ut professio quam Thomas erat facturus in sui praesentia dictaretur scriberetur sigilloque suo nequid in ea quovis molimine antequam eam proficiendo Thomas legeret mutaretur servaretur inclusa Quod et factum est Dominica ergo die quae fuit IV. Kl. Julii convenâ—runt jubente Rege Richardus Londoniensis Willielmus Wintoniensis Radulphus Roffensis Herbertus Norwicensis Radulphus Cistrensis Radulphus Dunelmensis Herveus Pangornensis Episcopi in Ecclesia beati Pauli Londoniae pro consecratione Thomae Inter solitam ergo examinationem suo loco professionem de subjectione obedientia sanctae Ecclesiae Dorobernensi exhibenda Richardus Lundoniensis Episcopus qui Thomam erat sacraturus ab illo exegit Professio igitur sicut erat sigillata sibi coram omnibus oblata est factoque sigillo evoluta lecta ab eo est ita Ego Thomas Eboracensis Ecclesiae consecrandus Metropolitanus profiteor subjectionem Canonicam obedientiam sanctae Dorobernensi Ecclesiae ejusdem Ecclesiae Primati Canonice electo conseerato successoribus suis Canonice inthronizatis salva fidelitate Domini mei Regis Henrici Anglorum et salva obedientia ex parte mea tenenda quam Thomas Antecessor meus sanctae Romanae Ecclesiae ex parte sua professus est Intererat huic officio Prior Ecclesiae Dorobernensis Conradus nomine ex Monachis ejusdem loci quamplures qui pro hoc ipso quoniam res eos maxime respiciebat illo convenerant Lectam itaque professionem cum a Thoma sibi oblatam Richardus Antistes Londoniensis accipisset eam nominato Priori Fratribus tradidit dicens Hanc Fratres Domini mei in testimonium auctoritatis vestrae Elclesiae suscipite ipsam vobis factam in memoriam posteritatis servate Deinde a Radulpho Cicestrensi Episcopo dictum in populo est ipsam consecrationem ex recto et antiqua consuetudine debere fieri Cantuariae Et adjecit Verum quia ipsa Civitas defuncto Patre nostro Anselmo nunc quidem Pontifice caret vâ—sum Regi sacratisque ordinibus regni est atque Principibus â—am hic atque ab hujus sedis Episcopo prae aliis potissimum celebrandam eo intuitu ea ratione quod Episcopus Lundoniensis inter alios Episcopos est Decanus Ecclesiae Cantuariensis ideo speciali quadam dignitate caeteris anteponendus Ita ergo in Episcopatum Eboracensem Thomas consecâ—atus est suscipiens a Ministro quod susscipere detrectavit a Magistro Anno 1114. King Henry by the admonition of the Pope and prayers of the Monks of Canterbury and other and above all being moved by divine instinct Episcopos et Principes Angliae in unum apud Windeshoram fecit veniâ—e eorum consilium in constituendo Pontifice Cantuariensi volens habere The King first piâ—ched upon Faricius Abbot of Abendon who was there present for that end by the Kings command Animus tamen Episcoporum et quorundam Magnatum in aliud vergebat praeoptantium aut quemlibet Episcoporum de ordine Clericâ—li aut Clericum aliquem de Capella Regis in opus illud ascisci But when it was objected that there had been no Archbishop since Augustin but only one which was not of the Monastick order who for that presumption and other perverse things done by him was deposed by the Pope and therefore they ought not to subvert the antient
and authentique custom when there was no reason or necessity to do it they were compelled to desist from their enterprise which they laboured with much endeavour to accomplish whereupon by Gods disposing providence they suddenly gave their sentence for Ralph Bishop of Rochester to be Archbishop requiring the Kings assent thereunto who altering his mind concerning promoting the Abbot willingly gave his assent to Ralph to whom all the Monks Elders and People of Canterbury gave their ready assents Whereupon two Messengers were sent to Rome to Pope Paschal for his Pall with Letters from the King and Bishops of England and Covent of Canterbury wherein they recite his Election to this See adding Huic electioni affuerant Episcopi Abbates et Principes Regni magna populi multitudo to wit of Canterbury not elected Knights Citizens or Burgesses consentiente Domino nostro Rege et eandem electionem laudante suaque auctoritate corroborante The Pope hereupon with much difficulty at the earnest intreaty of one Anselm Nephew to the deceased Anselm sent a Pall to Ralph by him together with an angry harsh Letter to the King and Bishops the same year Whereupon Eodem anno Henricus Rex jussiâ— omnes Episcopos et Principes totius regni ad Curiam suam sub uno venire Unde rumor per totam terram dispersus est Pontificem Cantuariorum Generale Concilium praesâ—nte Legato Domini Papae celebraturum nova quaedam tantoque Conventui digna pro correctione Christianae Religionis in omni ordine promulgaturum Itaque ut Rex jusserat 16 Kal. Octobris Conveutus omnium apud Westmonasterium in palatio Regis factus est quod de Concilii celebratione et Christianitatis emendatione rumor disperserat nihil fuisse quae confluxerat multitudo tandem advertit Only the Popes Letter to the King and Bishops recorded in Eadmerus was there read Wherein Pope Paschal setting forth his pretended universal Authority over all Kingdoms and Churches derived from St. Peter that no great businesses should be done concerning the Church without him or his Legates privitie and advice taxeth the King and English Bishops for electing and translating Bishops holding Synods Councils and medling with the affairs of Bishops without his privity for not permitting any Legats freely to pass into or return from England without the Kings special license for hindring Appeals to Rome and not duly collecting and paying his Peterpence admonishing them to reform all these their Exorbitances and concluding with this menace Si verò adhuc in vestra decernitis obstinatia permanere nos Evangelicum dictum et Apostolicum exemplum pedum in vos pulverem excutiemus tanquam ab Ecclesia Catholica resilientes divino judicio trademus The King hereupon advising with his Bishops and Nobles what answer he should return to the Pope concerning those things and certain others which did very much offend his mind Cono his Legat having suspended and Excommunicated the Bishops of Normandy eo quod Conciliis generalibus tertio vocati interesse noluerunt Placuit in Communi ut Rex suos Nuncios mitteret per quos quae vellet securius Papa mandaret and withall sent that resolute Letter by them to the Pope here cited p. 108 109. An. 1116. When the forecited Parliamentary Council at Salisbury was held Anselm returning from Rome came to the King into Normandy with Letters from the Pope appointing him his Legate and Vice-pope in England Quod regno Angliae brevi innotuit Admirati ergo Episcopi Abbates et Nobiles quique Londoniae aduniti sunt super his quibusaam aliis praesente Regina communi Consilio tractatur Quid multa PLACUIT OMNIBUS Archiepiscopum Cantuar. quem maxime res haec respiciebat Regem adire exposita ei antiqua regni consuetudine SIMUL AC LIBERTATE si consuleret Romam ire ET HAEC NOVA ANNIHILARI amplectitur ille consilium repairs thereupon to the King informing him of this their resolution with whom he found Anselm waiting for a passage into England to exercise his Legatine authority Sed Rex antiquis Angliae consuetudinibus praejudicium inferri non sustinens illum ab ingressu Angliae detinebat Itaque omnis de hujusce potestatis Legati exors effectus a Normanda est in suos regressus In the year 1121. K. Henry the 1. Consilio Radulphi Cant. Pontificis et Principum Regni quos omnes in Epiphania Domini sub uno Londoniae congregavit decrevit sibi in uxorem Atheleiden filiam Godfredi Ducis Lotharingiae After which she arriving in England Conventu Episcoporum Principum et Procerum Regni qui pro occursu Reginae factus fuerat the difference between Archbishop Ralph and Thurstan about his subjection to him was moved Pope Calixâ—us who ordained him commanding the King and Archbishop to permit him to enjoy his Bishoprick aut Rex anathemate Radulphus suspensione Pontificalis Officii plecteretur Hereupon the privileges of the Church of Canterbury recorded in Eadmerus were recited quam dignè Deo haec Apostolica disponerentur intellectum est ab omnibus Tamen ne praemissae intentio poenae Regem vel Pontificem aliquatenus conturbaret EX COMMUNI CONCILIO permissus est idem Thurstinus Angliam redire Eboracum Regia via veniâ—e Quod factum est ea dispositione ut nullatenus extra parochiam Eboracensem divinum officium celebraret donec Ecclesiae Cantuariensi de injuria quam ei intulerat abjurata cordis sui obstinatione satisfaceret About the year 1122. Pope Calixtus having by force deprived Pope Gregory sent one Peter to be Legate over all Britain Ireland and the Orcades as well as France who sent some Abbots and others before him to give notice of his coming the whole land being astonished at the expectation of his coming the King sent the Bishop of St. Davies and another Clerk to him into France where he stayed to signifie his pleasure and command that they should bring him into England to him The King by prudent counsel enjoyned them That after his entrance into England they should so order his journey that he should not enter into any Church or Monastery for hospitality or lodging and that no necessaries should be administred to him from others but only at his own expence Being brought to the King and worthily received he related the cause of his coming The King pretending an expedition against the Welsh answered Se tanto negotio operam tunc quidem dare non posse cum Legationis illius stabilem auctoritatem non nisi per conniventiam Episcoporum Abbatum et Procerum et totius regni conventum roborari posse constaret â—uper haec â—ibi patrias consuetudines ab Apostolica sede concessas nequaquam se aequanimiter amissurum fore testabatur in quibus haec de maximis una erat quae Regnum Angliae liberum ab omni Legati ditione constituerat donec ipse vitae
praesenti supersit His horumque similibus regali facundia editis praefaâ—us Petrus assensum praebere utile judicavit annuit Quapropter larga regis munificentia magnifice honoratus nullo modo se quicquam antiquae dignitatis derogaturum immo ut dignitatis ipsius gloria undecunque augmentaretur spoâ—pondit plena fide elaboraturum Pax itaque firma inter eos firmata est qui Legati officio fungi in tota Britannia venerat immunis ab omni officio tali cum ingenti pompa via qua venerat extra Angliam a Rege missus est At Canterbury he perused the antient privileges granted to the Prelates by the See of Rome touching their superiority over York Quibus ille perspectis atque perpensis testatus etiam ipse est Ecclesiam Cantuariensem grave nimis immoderatum praejudicium esse perpessam quatenus hoc velocius corrigeretur â—e modis omnibus opem adhibiturum pollicitus est Post haec Angliam egreditur By all these Parliamentary Councils and Proceedings in them and the Kings answer to this Legate it is most apparent from the testimony of Eadmorus present at most of them and then antient Hiâ—orians 1. That they all consisted during all the reign of King Henry the 1. of the King Bishops Abbots Earls Lords and Barons without any Knights Citizens Burgesses or Commons elected by the people 2ly That not only the legislative but judicial power or judicature of Parliament in all civil ecclesiastical and criminal causes debated or judged in them resided wholly in the King Prelates Earls Barons and Nobles which they joyntly and severally exercised by mutual consent as there was occasion 3ly That our Kings Prelates Nobles were then all very vigilant and zealous in opposing the Popes usurpations upon the antient Liberties Privileges Customs of the king kingdom and Church of England 4ly That those Antiquaries and others are much mistaken who affirm the Commons were called to the Parliament of 16 H. 1. as well as the Peers and Nobles and that since that time the authority of this Court hath stood setled and the COMMONALTY had their voice therein which the said H. 1. GRANTED TO THEM in love to the English Nation being a natural Englishman himself when as the Normans were upon terms of revolt from him to his Brother Robert Duke of Normandie it being clear by these Histories and all the Parliamentary Councils under King Henry the 1. and under Hen. the 2. King Ric. the 1. King John and Henry the 3. forecited and here ensuing that there were no Knights Citizens Burgesses or Commons elected by the people summoned to our Parliaments in their reigns succeeding Henry the 1. therefore not in his 5ly That the Opinion of Mr. Cambden Judge Dodridge Jo. Holland Sir Ro. Cotton Mr. Selden and others is true that the first Writ of Summons of any Knights Citizens Burgesses or Commons to Parliament now extant is no antienter than 49 H. 3. dors 10.11 That King Henry the 3. after the ending of the Barons wars appointed and ordained That all those Earls and Barons of the Realm to whom the King himself should vouchsafe to send his Writ of Summons should come to his Parliament and none else but such as should be chosen by the voice of the Burgesses and Freemen by other Writs of the king directed to them And that this being begun about the end of Hen. the 3. was perfected and continued by Edward the 1. and his Successors Which Holinshed Speed do likewise intimate in general terms So that upon due consideration of all Histories Records and judicious Antiquaries it is most apparent that the Commons had no place nor votes by election in our Parliaments in Hen. 1. his reign noâ— before the latter end of King H. 3. and Ed. 1. who perfected what his Father newly before him began in summoning them to Parliaments This being an irrefragable truth as I conceive the next thing to be considered of is this whether the Commons when thus called and admitted by H. 3. and E. 1. into our Parliaments had any share right or interest in the judicature of Parliaments then granted to them either as severed from or joyntly with the King and Lords And if any share or right at all therein at what time and in what cases was it granted or indulged to them With submission to better judgements I am clear of opinion that the King and Lords when they first called the Knights Citizens and Burgesses to Parliament never admitted them to any share or copartnership with them in the antient ordinary Judicial power of Parl. in civil or criminal causes brought before them by Writ Impeachment Petition or Articles of complaint as they were the supreme judicature and Court of Justice but reserved the judicial power and right of giving and pronouncing all Judgements in Parliament in such cases and ways of proceeding wholly to themselves admitting them only to share with them in their consultative Legislative and Tax imposing power as the Common Council of the Realm thereby in cases of Attainder by Act Bill or Ordinance a part of the Legislative not ordinary judicial authority of Parliament allowed them a voice and partnership with themselves and a share in reversing such Aâ—tainders by Act Bill or Ordinance by another Bill or Sentence but in no cases else except such alone wherein the King or Lords should voluntarily at their own pleasures not of meer right requite their concurrence with them The Arguments reasons inducing me to this opinion and irrefragably evincing it are these 1. The Form of the Writs for electing Knights Citizens Burgesses of Parliament with the retorns and Indentures annexed to them which are only ad faciendum consentiendum his quae tunc ibidem de Communi Concilio dicti regni contigerint ordinari Which gives them no judicial power in civil or criminal causes there adjudged as the Writs to the Lords doe give to them by these clauses Ibidem cum Praelatis Magnatibus Proceribus regni colloquium habere tractatum vobiscum c. colloquium habere tractare Personaliter intersitis Nobiscum ac cum Praelatis Magnatibus Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri and usage custom time out of mind 2. Because when first summoned to our Parliaments they were never called nor admitted thereunto as Members of the Lords house or as persons equal to them in power nor admitted to sit in the same Chamber as Peers with them but as Members of an inferiour degree sitting in a distinct Chamber from them by themselves at first as they have done ever since which I have elsewhere proved against Sir Edward Cooks and others mistakes as Modus tenendi Parliamentum it self resolves if it be of any credit 3ly Because after their call to our Parliaments in 49 H. 3. they had scarce the Name nor Form of an House of Commons or Lower
suas By this notable president it is most apparent That the Peers and Barons in Parliament were then the sole and only Judges and gave judgement in it That Peers in the Confessors reign and before were only to be tried judged by their Peers and that their Judgement and resolution was binding even to the King himself who ought to assent to and confirm their judgements given in his own Appeal and particular cases In the year of our Lord 1051. this Earl Godwin refusing to execute King Edwards unjust command to fall with his Army upon the Inhabitants of Dover upon the complaint of Eustace Earl of Boloigne whose men they slew in an affray raised by their own insolency and abuse conceiving it to be unjust to condemn and execute them before a Legal hearing trial and conviction upon a meer accusation thereupon Eustace and the Normans accused Godwin and his two sons Harold and Swain to the King that they disobeyed and went about to betray him Wherefore TOTIUS REGNI PROCERES all the Nobles of the Realm were commanded to meet together at Glocester that the business might be there debated in a Great Parliamentary Assembly Syward Earl of Northumberland Leofriâ— Earl of Mercia and all the Nobility of England there meeting upon this occasion Godwin and his two sons only absented themselves thinking it not safe to come thither without a strong armed guard upon this they raised a great Army under a pretence to curb the Welshmen marching with their forces into Glocestershire as farr as Beverston Castle Whence he sent a Message to the King to deliver up to him Earl Eustace with his Companions and the Normans and Bononians who kept Dover Castle else he would denounce war against him The King having raised a powerfull Army returned him this answer That he would not deliver them up to him withall commanding him and his Sons to come unto him on a set day to answer his raising of an Army against him and disturbing the Peace of the Realm without his license and to submit himself to the Law for the same At last to prevent a bloudy battel by the mediation of the Nobles of England engaged on both parties in this quarrel it was agreed that hostages should be given on both sides and that the King and Godwin should meet in another Parliamentary Council at London on a certain day to plead one with another where such a Council or Parliament as our English later Historians stile it being assembled Godwin and his sons were summoned to appear therein only with 12 men to attend them which they thinking both unsafe and dishonourable to them refused to appear without hostages and pledges also given for their safety refusing to surrender their Knights fees to him the King for their contempt to appear and justifie themselves in his Court of Parliament thereupon in suo Concilio communi Curiae suae judicio by the Common Council and Judgement of his Court of Parliament banished Godwin and his 5. Sons out of England and a Decree was published that they should depart wâ—thin 5. days out of England Which Judgement and Outlawry against them was given in Parliamento pleno as Radulphus Cistrensis in his Polyâ—hâ—onicon Henry de Knyghton de Eventibus Angliae l. 1. c. 11. and other Historians inform us Godwin and his Sons hereupon departing the Realm infested it both by Sea and Land till at last raising a potent Navy and Army to prevent further danger and effusion of blood the King by the COUNCIL OF HIS NOBLES assembled for that purpose reversed the unjust Judgements given against them restored them to their Lands Honors Powers and banished those Aliens who gave the King ill Counsel and incensed him against Godwin and the English King Edward Anno 1055. Habito Londini Concilio holding a Parliamentary Council with his Prelates and Nobles at London banished Algarus Son of Leofric Earl of Mercia out of the Realm Quia de Proditione Regis in CONCILIO CONVICTUS fuerat because he was convicted in the Council of Treason against the King as some Historians write yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others affirm that he was banished sine culpa without any crime at all whereupon he coming with 18 ships out of Ireland joyned with Griffin King of Wales raised a great Army and invaded England whereupon by agreement he was restored by the King to his Earldom After which Anno 1058. he was banished the second time and by thâ— ayd and assiâ—tance of Grâ—ffin restored again to his Earldom whereof he was unjustly deprived In the year 1074. Waltheof Earl of Northumberland with sundry other Earls Bishops and Abbots and other Engâ—ishmen meeting together at the mariage of Earl Ralph to the daughter of William Fitz Oâ—bert conspired together against King William the first then in Normandy to expell him out of his kingdom reputing it a great dishonour that an illegitimate Bastard should rule over them for which purpose they raised forces and confederated themselves with the Danes and Welshmen But being resisted by the Kings party and routed thereupon the King posting into England imprisoned Roger Earl of Hereford and Earl Waltheof though he revealed the whole conspiracy to Archbishop Lanfranke and submitted himself to the King before it brake out by which means it was timely suppresed The King the next Nativity of our Saviour following CURIAM SUAM TENUIT held his Court of Parliament at Westminster wherein Ex eis qui contra eum cervicem suam erexerant de Anglia quosdam exlegavit quosdam eruâ—is oculis vel manibus truncatis deturbavit Comites vero Waltâ—eolfum Rogerum JUDICI ALI SENTENTIA DAMNATOS arctiori custodiae mancipavit and the next year 1075. Comes Waltheofus juâ—su Regis Willielmi extra Civitatem Wintoniae ductus est indigne et crudeliter securi decapitatur et in eodem loco terra obruitur et in bivio sepelitur Sir Edward Cook in his 2. Institutes p. 50. affirms that this Roger Earl of Hereford was tried BY HIS PEERS and found guilty of this Treason PER JUDICIUM PARIUM SUORVM who was thereupon imprisoned all the days of his life If then this Court thus held was a Parliament and those Earls there tried and found guilty of Treason in it by their Peers even under the Conqueror himself it is a most pregnant Authority to prove that Peers are triable only by their Peers in Parliament that they are the only Judges in Parliament in cases of Treason and did then give sentence of banishment and pulling out the eyes and cutting off the hands of Traytors of inferiour condition as well as sentence of death decapitation and perpetual imprisonment against those two Earls Anno 1070. There was a GREAT COUNCIL held at Winchester jubente praesente Rege Gulielmo wherein Siâ—ganâ— Archbishop of Canterbury his Brother Bishop Agelmar and lundry Abbots were degraded for many pretended rather than
kingdom being ad omne scelus paratus Anno Dom. 1102. There was a GENERAL Council held in the Church of St. Peters in Westminster on the Westside of London Communi assensu Episcoporum et Abbatum et Principum totius regni huic conventui affuerunt Anselmo Archiepiscopo petente a Rege PRIMATES REGNI quatenus quicquid ejusdem Concilii auctoritate dâ—cerneretur VTRIUSQUE ORDINIS concordi cura sollicitudine tatum servaretur sic enim necesse erat Iâ— this Council the Sin of Symony was first of all condemned by the authority of the holy Fathers and Wido Abbot of Pescore Wimundus of Tavestock and Baldwin of Ramsy Godric of Burgh Haymo of Cernel Egelric of Midleton being therein convicted of Simony were removed and deposed for it by this Council and Richard Abbot of Ely Robert of St Edmonds and the Abbot of Miscelen deposed for other particular crimes and offenceâ— Aâ—oâ— which the King being much incensed against Anselm and other Bishops for refusing to consecrate those Bishops whom the King invested with a staff and ring the King and Anselm having a hot contest about it at Canterbury Ne ipse perdendo suorum jura Anâ—ecessorum ipsis vilior esset Anselm requested the King â— deferr â—he business till Easter ut audâ—to Episcoporum Regniâ—ue Primatum Concilio qui modo non assunt respondeâ—m hiâ— which the â—ing consenting to at Easter communis Concilit vocem unam accepit that he should goe to Rome to the Pope to procure a repeal of the Canon made against investiâ—ures and that as the Kings Embassador Regis preces Regnique negotia Apostolicis auribus expositurus Anselm undertaking the journey to Rome like an Arch-Traytor so incensed the Pope against investitures and the King That William Warenast the kings Embassador telling him Hâ— knâ—w the King would rather lose his Crown than this Privilege of Investitures The Pope thereto replyed Yea let him lose his head also if he will whilst I live he shall never appoint any Bishop in his Realm but I will resist hâ—m what I may The King hereupon by the advise of his Nobles prohibited Anselm to return into England and seised all his Temporalties and â—oods moveable and unmoveable into his hands keeping him in exile for 9 years space after which he was conditionally restored at the mediation of the Kings Sister Adela Anno 1106. Robert Duke of Normandy was first adjudged to a shamefull cruel death and after that to have his eyes pulled out and he kept perpetual Prisoner and Earl Morton with others adjudged to perpetual prison BY THE PEERS for taking up arms against King Henry the 1. King Stephen having against his own the Bishops and Nobles Oaths to King Henry and Maude usurped the Crown Anno 1199. There were divers rumours spread abroad that Robert Earl of Normandy and Mawde would invade England and that Roger Bishop of Salisbury and Alexander his Nephew Bishop of Lincoln who were very powerfull wealthy and had built fortified and furnished divers strong and stately Castles would upon the Empress landing surrender them to her and revolt from Stephen to her party Paternorum scilicet beneficiorum memoria inducti being both advanced and inriched by her father Whereupon the Nobles oft times wished Stephen to compell them speedily to resign their Castles to him least he repented too late for not doing it when they were in the Enemies power Thereupon the King on the 8 of July apud Oxenford FACTO CONVENTU MAGNATUM summoned both these Bishops to this Parliamentary Assembly to which Bishop Roger was very unwilling to come having a great reluctancy in his mind against it whereupon he excused his coming by reason of his age and infirmity but that would not be admitted come he must and did When these Bishops came to Oxford there fell out a sudden quarrel between the servants of the Bishops and the servants of Alan Earl of Britain as they sate together at the Table the Bishops men quarrelling with the Earls and falling first a fighting with one another with their fists and at last with their swords a sore fray was made divers being wounded on either side and one slain the Earls servants being put to slight by the Bishops The K. taking this occasion Conveniri jussit Episcopis ut Curiae suae satisfacerent de hoc quod homines eorum pacem ipsius exturbassent Modus fatisfactionis foret ut claves castellorum suorum quasi fidei vadis traderent The Bishops said they were ready to give the King satisfaction but delaying the surrendring of their Castles he commanded them to be more strictly watched lest they should depart and the king carrying the Bishop of Salisbury with him besieged his Castles till they were surrendred to him by composition This act of the king was variously interpreted and very iâ—l resented by all the Bishops who thereupon revolted from him first in their affections and then by their actions to Mande when she arived and elected declared her right heir to the Crown Henry Bishop of Winchester the Popes Legat though King Stephens own Brother publikely to the Kings face as well as privately affirmed Si Episâ—opi tramitem Justitiae in aliquo transgrederentur non esse Regis sed Canonum judicium sine publico et Ecclesiastico Concilio illos nulla possessione privare debuisse Regem id non ex rectitudinis zelo sed commodi sui compendio fecisse qui Castella non Ecclesiis ex quarum sumptibus et in quarum terris constructa erat reddiderâ—t sed Laicis eisdemque parum religiosis contradiderit c. Quapropter vigorem Canonum experiendum ratus CONCILIIO quod quarto Calend Septembris celebraturus erat Wintoniae fratrem Stephanum incunctanter adesse praecepit Dicto die omnes fere Episcopi Angliae cum Theobaldo ARCHIEPISCOPO Cantuariensis venerunt Wintoniam In which Councâ—l the Bp. of Winchester first reading his Legats Commission in England granted him by the Pope and then relating the great indignity done by King Stephen to those Bishops by imprisoning their persons and seising their Castles against the Canons demanded the Archbishops and Bishops advice what to do therein concluding Se ad executionem Concilii nec pro Regis amicitia qui sibi frater erat nec pro damno possessionum nec etiam pro capitis periculo defuturum Rex causae suae non diffâ—sus Comites in Concilium misit quaerens cur vocatus esset Responsum est à Legato in compendio Non debere illum qui se Christi fidei subjectum meminisset indignari si à ministris Christi ad satisfactioneÌ„ vocatus esset tanti reatus conscius quantum nostra secula nunquam vidissent c. Consulte vero in praesentiarum Rex faceret si rationem facti sui redderet vel Canonicum judicium subiret Ex debito etiam oportere ut Ecclesiae faveret cujus sinu exceptus non manu militum in regnum promotus fuisset
Communi Iudicio Which he more amply relates in his History of England p. 69. to 77. Here we have judgement of banishment given against Gaverston by the Lords in Parliament 3. several times the 1. whiles a Commoner the two later whiles an Earl as an Enemy to the Realm and publike Traytor and a Sentence of death denounced against him in case he returned which was accordingly executed on him by the common Sentence of the Lords A Convincing proof of their Jurisdiction in criminal Causes both over Commoners and Peers His second banishment by the Lords was ratified by a Bill as the Spencers was to which the Commons gave their Assent as they did to two Acts in the Parliament of 7 Edward the 2. printed in Totles Magna Charta part 2. f. 43 44. Ne quis occasionetur pro reditu as also pro morte Petri de Gaverston made by the Grant and Assent of the King Archbishops Bushops Abbots Priors Earls and Barons ET TOUTE LA COMMVNALTIE de nostre Royalm By which Bill his Lands were all forfeited and giveâ— to the King as appears by Claus 1.2 E. 2. m. 5. where Hugh de Audeley the younger and Margaret his wife petitioned A nostre Seigneur la Roy son Counscil PRELATES COUNTS BARONS de la terre The Petition was for the Earldom of Cornwall after the death of Peter de Gaverston to whom it was given in general tayl Margaret being his daughter and heir because THE GREAT CHARTER wills that after the death of a Baron his heir shall have his heritage and mariage and the Statute of Westminster 2. wills That heirs in tayl shall not be prejudiced by the deed fine or feofment of their Ancestors and the GREAT CHARTER also wills That no man shall be outed of his freehold without the award and judgement of the Law of the Land Afterwards upon debate of this Petition pro eo quod recordatum fuit by the LORDS AND COMMONS that it had been AGREED BY THEM that all things given by the King to Gaverston and Margaret should be revoked per quod in hoc Parliamento modo per praefatos Praelatos Comiteâ— Barones et totain Communitatem Regni cousideratum est that the Earldom and all the rest of his Landâ— should remain in the King that all Charters of it should be repealed all enrolments cancelled quod est adjudicatum intretur ad Scaccarium et ad utrumque Câ—riâ—m there to be inrolled also And there is a writ directd to the Treasurer and Barons and Chief Justices of both Benches to inrol it in this Roll. This judgement being by way of Bill in pursuance of the former Bill for his attainder had the Commons assent thereto as well as the Lords though the Petiâ—ion here was directed only to the King and Lords for restitution not to the Commons who could not be Gaverstons proper Judges in Parliament being a Peer but only by way of Bill of Attainder In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son were articled against impeached and condemned of High Treason by the Lords in Parliament and exiled by their judgement without the Prelates or Commons who only consented to the Act for their banishment after the judgement given of which at large before to which I shall here annexe the Arricles of their impeachment being very memorable Alhonnour de Dieu de sainct esglise et de nostre seignour le roy et au profite de luy et de son royalmâ— a peace de quiete maintenir en son people et pur meinteynment de lestate de la Corone luy monstrent Praelates Counâ—z et Barons et les autres Pieres de la terre common du royalme contresir Hugh le Despenser le fitz et Sir Hugh le Despenser le Pier que come le dit sire Hugh le Despenser le fitz au Parlement Deverwike fuit nosme et assentu destre en lossice du Chamberlain nostre seignor le roy de servir en cel office come afferoit An quel parlement fuit auxi assentu que certeins Prelates et â—u res Grandes du roialme demorerent pres de roy par sâ—isons de lan pur meulx counseiler nostre seignor le roy sans queux nul grosse bosoigne ne se deveroit fair le dit sir Hugh le fitz attreit a luy syr Hugh son pier que ne fuit nient assentu ne accorde en parlement a demourer ensi pres de roy enter eux deux acroachant a eux royal power sur le roy fes ministers le guyment de son royalme a dishor our du roy emblemisement de sa corone et destruction du royalme des grandes et du people et sesoient les maluesiees desâ—us escriptes en compassant deâ—â—oigner le coer nostre seignour le roy des Piers de la terre pur avoir eux soule governance de la terre En primes que sir Hugh le Dispenser le fitz feusi coruce vers le roy et sur ceo coruce fist un bille sur la quel bille il voillet auoir en aliance de sir John Gyffarde de Brymmesfeld sir Richard de Greye et dautre davoir mesne le roy par aspertee de faire sa volunte issent que en luy ne temist mye que il ne â—e euâ—t fair â—a tenure de la bille sensuit sous escript Homage serement de ligeance est pluis par reson de la corone que per reason de person le roy pluis se lie a la corone que a la person ceo piere que avant que â—estate de la corone soit descendu nul ligeance est a la person regardant Dont si le roy par case ne se meisne par reasone en droit de la corone les leiges sont lies per sâ—rement fait a la corone de remeuer le roy et le state de la corone par reason auâ—rement ne serroit le serement tenus Ore fait a demander coment lem doit amesner le roy ou par suite de ley ou par aspertee par suite de ley ne luy poet home pas redresser â—ar il navera pas juge si ceo ne soit depart le roy En quel case si la volunte le roy ne soit accordant a reason si naveroit il forsque errour maintenue confirme Dont il covient pur le serement lauuer et quant le roy ne voet chose redresser oustre que est pur le common people malueis et damageous pur la corone a judger est que la chose soit ousle par aspertee que il est lie par â—on serement de governer son people ses lieges ses liege â—ont lies de govern en eide de luy en defaut de luy Et auxint par lour covin
iâ— regno Quid mihi suaderet vos prodere vel certe necare qui nihil lucri reciperem de vestra morte Nunquid hostes â—estri me ditiorem facerent in terra sua quam effectus sum in terra vestra et in natali solo Aut si regnum affectarem credendu â—ne est post vestram inteâ—fectinnem quod absit Dominos hujus Regni aquâ—nimiter ferre me posse Domini mei et patriae proâ—â—torem Deliâ—ere si placet fidem â—arâ—â—alia â—lerenâ—bus quia paratus sum more militis contra quemcunque mundi mihi in hac causa adversantem pugnare et meam innocentiam defendere et purgare Upon which and other words the King believed the Duke and received his excuses and committed the Frier at his request to the Custodie of the Lord John Holland usque ad diem quo causam diceret horum quae praeposuerat contra eum In ipsa nocte quae processit diem suae responsioniâ— the Frier was strangled and pressed to death by the said John and another Knight and the next day his dead corps was drawn through the street like a Traytor to take away the suspition of his unjust death Ipsi judices ipsi ministri ipsi tortores extiterunt Et hic fructus Parliamenti praesentis praeter hoc quod dominus Willielmus la Zouche quamvis gravissima detineretur aegritudine accersitus erat ad Parliamentum ad standium judicio Regis et Dominorum quia idem â—rater eum velut inventorem inceptorem et incentorem dixerat omnium quae scripserat extitisse Qui cum venisset lectica delatus quia propter guttam equitare non poterat compulsus est discinctus et discooperto capite ad haec omnia sibi objecta more latronum vel proditorum respondere Qui viriliter negavit objecta Sacramento firmans haec nunquam audisse vel hujusmodi cogitasse et ita demum absolutus est et domum redire permissus In this Parliament holden at Salisbury 7 R. 2. rot Parl. n. 11. to 16. John Cavendish a Fishmonger of London made his complaint first to the Commons and after to the Lords against Sir Michael de la Poole Chancellor of England demanding the Peace against him which THE LORDS granted after which he accused him for taking Bribes and delayes and injustice in a sute of his depending before him whereof he cleared himself by his own Oath and the Oaths of other witnesses sworn and examined before THE LORDS Whereupon the Lords being troubled with other weighty matters referred the Chancellors reparation for the Scandal to the ordering of the Judges The same Sir Michael de la Pole Earl of Suffolk and Chancellor of England in the Parliament of 10 R. 2. rot Parliamenti n. 6. to 18. was accused in full Parliament before THE KING BISHOPS LORDS by the Commons who exhibited sundry Articles against him recorded at large by Henry de Knyghton agreeing with the Parliament Roll. The effect of them was this That whiles he was Chancellor against his Oath to procure the profit of the King he had purchased lands and tenements of the King of great value at under rates and exchanged uncertainâ— customs and rents for good lands in deceipt of the King and for spending the Aids granted to the King the last Parliament to guard the Seas in another manner than they were granted whereby the Seas were not guarded and much mischief hapned to the Realm c. The Lords Commons refused to act any thing till the King came in person to Parliament and the Chancellor removed upon these Articles The Chancellor demanded of the LORDS 1. Whether he should answer these Articles without the Kings presence for things done whiles he was Chancellor for that he being Chancellor of England for the time represented the Kings person in Parliament during his absence thence Secondly Whether his Brother in Law Sir Richard Scroope might not answer for him whom he had by advice of his Counsel appointed to do it To which the LORDS answered and resolved It was honest and fit for him to answer for himself Whereupon he making protestation that he might adde to or diminish from his answer and that which might be honourable to him by advice of his Counsel the Lords granting thereunto He thereupon put in an answer and replication to all the Articles to which his Counsel added some things in making his defence The Commons replyed to his answer to w ch he by way of rejoyndâ—r replied and answered to them his defence sâ—eming very solid Yet the Commons upon his replication before judgement pressed the King then being in Parliament and she Lords that he might be committed for the grievous offences charged against him Whereupon he was arrested by the Kings command and committed to the custody of the Constable of England and after let to mainprise Ar last THE LORDS in full Parliament GAVE JUDGEMENT AGAINST HIM That for breach of his Oath all the Manors and lands which he had of the Kings gift contained in the Articles should be seised into the Kings hands to have them to him and his heirs for ever together with their mean profits and issues saving to him the name and Title of a Knight and Earl together with an annuity of 20 l. yearly granted him out of the profits of the County of Suffolk The like judgement was given against him for the lands exchanged by the King for the customs of Hull and the Priory of St. Anthony Walsingham addes That he was deprived likewise of his Chancellorship and adjudged worthy of death yet the Lords would not put him to death but sent him prisoner to Windsore Castle Rex autem non multo post annullavit quicquid in Parliamento statutum fuerat contra ipsum In the Parliament of 11 R. 2. rot Parl. â— 6 7. Thomas Duke of Gloucester kneeling before the King said that he understood the King was informed he went about to depose him and to make himself King Wherefore he offered to put himself upon his tryal in that behalf as the Lords of the Parliament would award Whereupon the King said in open Parliament that he thought the said Duke was nothing faulty and therefore held him excused After which all THE LORDS as well spiritual as temporal being in the Parliament claimed their liberties and franchises namely That all weightâ— matters in the same Parliament which should be after moved touching THE PEERS OF THE LAND ought to be discussed JUDGED AND DETERMINED BY THE M by the course of Parliament and not by the Civil Law nor yet by the Common Law of the Land used in other Couâ—ts of the Realm The which claim and liberties the King most willingly allowed and granted thereto in full Parliament After which Thomas Earl of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwick and Thomas Earl of Marshal Lords Appellants impeached Alexandâ—r Archbishop of York Robert de Vere
Sautre being condemned of Heresie in the Convocation by Archbishop Arundel and the Clergy thereupon by order and advice of the Temporal Lords without the Prelates who must not have their hands in blood though they gave the Sentence that he should be burned or the Commons there issued out a Writ to the Sherifs of London for the burning of Sautre as an Heretick accordingly burnt thereon being the first writ of this Nature issued by the Lords alone in the Kings name before the Statute of Heresie was made and passed in this Parliament In the same Parliament of 2 H. 4. n. 30. The Temporal Lords by assent of the King adjudged and declared Sir Ralph Lumly Knight and others Traytors for levying war in sundry parts to destroy the K. his people and that they should forfeit all their lands in fee goods and chattels though they were slain in the field not arraigned nor indicted by reason thereof In the Parliament of 4 H. 4. n. 19 20 21. Sir Philip Courtney being complained against and convicted of a forcible entry into Lands and for a forcible imprisonment of the Abbot of Mâ—nthaem in Devonshire and two of his Monks was upon hearing and examination adjudged by the King and Lords to be bound to his good behaviour and for his contempt committed to the Tower of London prisoner Anno 1403. Henry Percy the younger confederating with Thomas Percy Earl of Worcester to raise forces â—nd rebel against the King sent Letters to the people of every County propositum quod assumpserant non esse contra suam ligeantiam et fidelit tem quam regi fecerant nec ab aliunde exercitum congregasse nisi pro salvatione personarum suarum reipublicae meliori guvernatione Quia census et Tallagia Regi concessa pro salva regni custodia covertebantur ut dixerunt in usus indebitos et inutiliter consumebantur praeterea querebantur quod propter aemulorum dilationes pessimas rex eis insensus fuerat ut non auderent personaliter venire ad ejus praesentiaem donec Praelati regnique Barones regi supplicassent pro eisdem ut coram Rege permitterentur declarare suam innocentiam per Pares suos legaliter justificari Plures igitur visis his literis collaudabant tantum virorum solertiam extollebant fidem quam erga Rempublicam praetendebant Having raised great forces against the King by this means which the kings forces encountred at Shrewsbury in a pitched battel Henry Percy and sundry of his adherents were there slain in the field and the rest routed For which levying of war in the Parliament of of 5 H. 4. n. 15. the said Henry Percy and his Coâ—federaâ—es were declared and adjudged Traytors by the King and Lords in full Parliament and their Lands goods and chaâ—tels confiscated In the same Parliament n. 18. At the Petition of the Commons The Lords â—enâ—ed and ordered that the Kings Confessor the Abbot of Dore Mr Richard Durham and Crosby of the Chamber should be removed out of the Kings house and Court whereupon 3. of them appearing before the King and Lords in Parliament the King though he excused them yet charged them to depart from his house for that they were hated of the people In the Parliament of 13 H. 4. n. 12 13. The Lord Roos complained against Robert Thirwit one of the Justices of the Kings Bench for withholding from him and his Tenants Common of Pasture and Turbâ—ry in Warbie in Lincolnshire and lying in wait with 500 men for the Lord Roos Thirwit before the King and Lords confessed his fault and submitted himself to their Order who appointed 3. Lords to end the difference who made an award between them that Thirwit shouâ—d confess his fault to the Lord Roos crave his pardon and tender him amends In the Parliament of 5 H. 5. n. 11. Sir John Oldcastle knight being outlawed of Treason in the Kings bench and excommunicated before the Archbishop of Canterbury for Heresie was brought before THE LORDS and having heard his conviction made no answer nor excuse thereto Upon which Record and Process THE LORDS ADJUDGED that he should be taken as a Traytor to the King and Realm carried to the Tower of London from thence drawn through the City to the new Gallows in St. Gyles without Temple-barr and there hanged and burned hanging which was accordingly executed Sir Iohn Mortymer knight being committed to the Tower upon supposition of Treason done against King Henry the 5. in the 1. year of H. 6. brake out of the Tower for which breach he was indicted of Treason being afterwards apprehended he was brought into the Parliament of 2 H. 6. n. 18. and upon the same Indictment then confirmed by assent of Parliament JUDGEMENT was given against him BY THE LORDS that he should be carried to the Tower drawn through London to Tiburn there to be hanged drawn and quartered his head to be set on London-bridge and his four quarters on the four Gates of London In the Parliament of 38 H. 6. n. 20 2â— 22. Sir William Oldham knight and Thomas Vaughan Esquire were attainted of Treason by the LORDS and in the Parliaments of 1 E. 4. n. 19. to 31. 4 E. 4. n. 28. to 38. â—4 E. 4. n. 34. to 40. sundry Knights Esquires Citizens and Commoners are attainted of Treason by the Lords for levying warr and holding forts against the King then after by Bill whose names are overtedious to reherse which you may peruse at leisure in the Exact Abridgement of the Records in the Tower To omit all other presidents of this Nature in the reigns of King H. 7.8 Ed. 6. Qu. Mary and Qu. Elizabeth of Commoners censured in and by the Lords house in Criminal causes upon impeachments complaints petitions which those who please may find recorded in the Journals of the Lords house I shall recite only some few Presidents more of late and present times In the Parliaments of 18. 21 Iacobi Sir Giles Mompesson and Sir Iohn Michel upon complaints and impeachments by the Commons for promoting Monopoliâ—s Corruption and other Misdemeanors were fined imprisoned by Judgement of the Lords House and Sir Giles degraded of his knighthood In the Parliament of 3. Carolâ— the Commons impeached Roger Manwaring Dr. of Divinity for preaching and printing Seditious and dangerous Sermons and sent up this Declaration against him to the Lords June 14. 1628. For the more effectual prevention of the apparent ruine and destruction of this kingdom which must necessarily ensue if the good and fundamental Laws and customs therein established should be brought into contempt and violated and that form of government thereby altered by which it hath been so long maintained in peace and happiness And to the honour of our Soveraign Lord the King and for the preservation of his Crown and Dignity the Commons in this present Parliament assembled do by this their Bill shew and
4. n. 19 20 21. upon these and other Petitions of forcible disseisins and for imprisoning the Abbot of Meniham in Devonshire THE KING LORDS adjudged that this Sir Philip Courtney should be bound to his good behaviour and committed to the Tower for his contempt From which records it is evident First that Members of the Commons house may be complained and petitioned against for misdemeanors and put to answer before the King and Lords in Parliament and there fined and judged not before the Commons house and that this was the antient way of proceeding Secondly that the Commons cannot suspend or discharge any of their fellow-Commoners or Knights from sitting in Parliament but only the King and Lords in full Parliament in whom the power of Judicature rests much less then can they expell or eject any of their Members by their own authority without the King and Lords concurrent consents No more than one Justice of peace Committee-man or Militia-man can un-Justice or â—move another since Par in parem non habet Imperium neither in civil military ecclesiastical nor domestical affaiâ— Thirdly that the power of restoring readmitting aâ—ended Member of the Commons house belongs not to the Commons themselves but to the King and Lords to whom the Commons in this case addressed themselves by petition for Courtneys readmission after his submission of the complaints against him to the arbitrement of those Members to whom the King and Lords referred the same In the Parliament of 17 Rich. 2. num 23. It was accorded and resolved by the King and Lords at the Complaint petition request of the Commons that Roger Swinerton who was endited of the death of one of their companions Iohn de Ipstones Knight of the said Parliament for the County of Stafford slain in coming towards the said Parliament by the said Roger should not be delivered out of prison wherein he was detained for this cause by bail mainprise or any other manner until he had made answer thereunto and should be delivered by the Law The Commons alone by their own power having no authority to make such an order even for the murther of one of their own Members without the King and Lords who made this ordinance at their request I find this objected against King Richard the 2. in the Parliament of 1 H. 4. n. 37. That he frequently sent his Mandates to Sherifs to return certain persons named only by himself and not freely chosen by the people to be knights of Shires thereby to effect his own ends and oppress the people with Subsidies But yet I find not in all his reign any one Knight thus unduly returned questioned by the Commons or suspended the House much less ejected by them or by the King and Lords upon the Commons complaint thereof unto them A clear evidence they had then no such power to eject their Members for being unduly elected returned as how they use In the Parliament of 20 R. 2. n. 14 15 16 17. The King being highly offended with the Commons for receiving Haxyes Bill said that the Commons thereby had committed an offence against him his dignity and liberty the which he willed THE LORDS to declare the next day to the Commons Who thereupon delivering up the Bill came fort with before the King shewing themselves very sorrowfull declaring to him that they meant no harm and submitting themselves to the King herein most humbly craved his pardon Whereupon the Chancellor by the Kings commandment declared That the King held them excused and the King by mouth declared how many wayes they were bound unto him Lo here the whole House of Commons submit themselves to the King in the House of Lords as Judges of them and their misdemeanors in Parliament and crave pardon for offending him In the Parliament of 2 H. 4. n. 45 46. The Commons house petitioning the King that the Act for his moderation of the Statute against Provisions might be examined for as much as the time was recorded otherwise than was agreed by them The King granted thereunto by protestation that the same should be no example where after Examination by the Bishops and Lords they affirmed the same to be duly entred which the King also remembred Whereupon the COMMONS the same day for this their misinformation came into the Lords House and knéeling before the King beseeched the King to pardon them if happily they through ignorance had or should offend him which the King granted Here the Bishops and Lords are Judges of the Commons misinformation misentry of an Act and the King of their Offence against him in Parliament by this misinformation which he pardons them upon their humble submission and no doubt might have punished them for it by the Lords assent and advice had he pleased So farr are they from being Judges in Parliament that themselves may there be judged if they therein offend as all their Speakers usual protestations and petitions to the King when presented evidence That the Commons may have liberty of speech and that if any Members in the House of Commons in communication and reasoning should speak more largely than of duty they ought to doe that all such offences may be pardoned which the King may punish if there be cause unâ—eâ—â—â— he pardon it of record upon the Speakers Protestation before hand Sir Edward Cook himself as well as the Parliament Rolls and experience informs us of these particulars touching the Speakers of the Commons House in Parliament their chiefest Member 1. That though the Commons are to chuse their own Speaker and that by the kings special command and license to them in every Parliament since they had one not with due â— who likewise prescribes them the time when to present him yet the use is as in the Conge de eslâ—yer of a Bishop that the king doth name a discreet and learned man to them whom the Commons do eâ—ect pro formâ— only because he cannot be appointed for them without their election being their mouth and â—usted by them 2ly That after the Commons choice the King may refuse him 3ly That after he is chosen he must be presented to the king by the Commons in the Lordâ— House for his approbation and confirmation in that plaâ—s the Commons sending up some of their Members to acquaint the Lords Spiritual and Temporal that according to the Kings command they had chosen such a one their Speaker and are ready to present him at the â—me appointed 4ly That where he is thus presented he is in disable himself for so weighty a service and to make sutâ— to the King to be discharged and a more sufficient man chosen in his place To which I shall adde that upon this excuse the king may discharge him if he please and command the Commons to elect another as King Henry the â— did discharge Sir John Popham when presented Speaker to him by the Commons in the Parliament
Premises THe Principal scope of the Precedent Plea for the Lords and House of Peers being only to justifie and ratifie their ancient just Right to sit and vote in all English Parliaments and Great Councils or State and their Judicial Authority in them without the Commons especially in Criminal Causes then only controverted contradicted by Lilbourne Overton their Disciples I reputed it both useful and necessary to superadde thereto some memorable Presidents in former ages which no Vulgar writers of our English Parliaments have remembred of the Kings and Lords Proceedings Judicature in Parliament in Civil and Ecclesiastical Causes of publick and private concernment as no way heterogeneal but homogeneal to my Theam to make this Plea more compleat and communicate some more knowledge of Parliamentary Affairs and Proceedings both to the Ignorant and Learned in this declining age wherein learning and learned men of publick spirits in all Professions are so much decayed and little Visible Probability left of any speedy reparations of this inestimable losse for want of publick encouragement I shall proceed herein only in a Chronological Method as I have done for the most part in the premises beginning with the ancientest president I meet with of this kind and so descending to succeeding ages About the year of Christ 536 Our famous Brittish victorious King Arthur by his Letters and Messengers summoned all the Kings Prelates Dukes and Nobles subject to him to meet at the City of Caerleon on the feast of Pentecost then to be new crowned and settle the peace and affairs of his Realmes whereupon there assembled at that time and place thirteen Kings three Archbishops and many Princes Dukes Consuls Earls and LORDS whose names are registred in Geoffry Monmouth whiles they were thus convened there arrived twelve men with letters from Lucius Tiberius procurator of the Roman Republick demanding in high language The Tribute of Brittain which the Senate command King Arthur to pay with the arrears injuriously detained because Julius Caesar had reserved it upon his conquest of Brittain and hee with other Romane Emperours had long received it summoning him likewise to appear at Rome in August the year following to satisfie the Senate for the injuries done them and submit to the sentence their Justice should pronounce or else denouncing war against him This Letter being publickly read before all the Kings Princes Dukes and Nobles present the King consulted with them craving their unanimous advise and sense concerning this business affirming That this Tribute was exacted ex irrationabili causa against all reason for he demanded it to be payd as due because it was paid to Julius Caesar and his successors who invited by the devisions of the old Brittains arrived with an Army in Brittain and By force and violence subjected the Country to their power shaken with domestick commotions Now because they obtained it in this manner vectigal ex eo injuste receperunt therefore they unjustly received tribute out of it Nihil enim quod vi violentia acquiritur juste ab â—llo possidetur qui violentiam intulit irrationabilem ergo causam praeâ—endit qua nos jure sibi tribitarios arbitratur For nothing which is acquired by force and violence is justly possessed by any man who hath offered the violence Therefore hee pretends An irrationable cause whereby hee reputes us to be Tributaries to him c. The whole Council upon debate fully assented to this opinion and promised the King their assistance against the Romans in this cause Whereupâ—n King Arthur returned this answer That he would by no mâ—ans render them tribute neither would he submit himself to their judgement concerning it nor repare to Rome c. An expresse resolution That Conquest by warr force and violence is no good just nor lawful but an unlawful and unjust Title to any Tributes or Possessions which these who now pretend they are Conquerors and us a meer conquered Nation and therefore they may impose what Taxes Excises Tributes Laws Executions they please upon us when as they were only raysed waged commissioned to defend preserve our Laws Liberties King Parliament and Kingdomes not to conquer or enslave them may do well to consider In the year of our Lord 799. King Kenulfus upon the petition and complaint of Athelardus Arch-Bishop of Canterbury consentientibus EPISCOPIS ET PRINCIPIBUS MEIS assembled in a Parliamentary Council restored four parcels of Lands to Christ-Church in Canterbury which King Offa heretofore had taken from this Church and conferred on his Officers Kenulfus King of Mercia calling a Provincial Council held at Cloveshe Anno Dom. 800. wherein all the Bishops Dukes Abbots and Nobles of every order were assembled complaint was made therein that after the death of Arch-Bishop Cuthhert Verheb and Osbert led by a malignant spirit stole away the evidences and writings of the Monastery of Cotham and all the Lands thereunto belonging given by King Athelbald to our Saviours Church in Canterbury and brought them to Kenulfus King of the West-Saxons who thereupon converted the said Monastery and Lands to his own use After which â—regwin and Jambert Arch-Bishops of Canterbury complained of this injurie done to the Church in sundry Councils both to King Kenulfus and Offa King of Mercia who took from Kenulfus the Monastery of Cotham with many other Lands and Towns and subjected them to the Realme of Mercia At last Kenulfus induced by late repentance restored the evidences and writings of the said Monastery together with a great summe of mony to the said Church to prevent the danger of an excommunication but King Offa as hee received the said Monastery without writings so hee retained them during his life and left them to descend to his heirs without any evidence after his death whereupon Athelardus the Arch-Bishop and other wise men of Christ-Church brought these Evidences and Writing touching Gotham into this Council of Clovesho where when they had been publickly read OMNIUM VOCE DECRETUM EST that it was just the Metropoliticall Church should bee restored to the said Monastery of which shee had been unjustly spoiled for so long a time Athelardus receiving also in this Council the dignities and possessions which King Offa had taken from Jamberâ— annuente ipso Rege as Gervasius records In a Council held at Clovesho Anno 813. Upon complaint of the Arch-Bishop of Canterbury the Arch-Bishoprick of Litchfield was dissolved and the Bishopricks annexed to it by King Offa taken from the See of Canterbury restored and reunited thereunto by the consent of King Kenulfus his Bishops Dukes and Nobles who writ a Letter to Pope Leo for that purpose unanimo consilio totius sanctae Synodi And in this Council also other lands were restored to the Bishop of Worcester and other controversies between Bishops concerning their Lands and Limits decided In another Council at Clovesho Anno 821. Wherein King Kenulfus Wulfred Arch-Bishop of Canterbury with the rest of the Bishops Abbots
LORDS and GREAT MEN as well Ecclesiastical as secular were present inquiry was made whether any were unjustly spoiled and deprived of their rights Whereupon it was shewed that Arch-Bishop Wulfred was unjustly deprived of his just Lordship and Jurisdiction near six years space and forced under pain of confiscation of his goods and banishment to convey three hundred Hydes of Land to him upon condition that he should bee restored to his full Archiepiscopal authority which condition was not performed After the Kings death Abbesse Kenedrytha his daughter and heir was summoned to this Council where the Arch-Bishop complained of the injuries done to himself and Christ-Church in Canterbury by her Father requiring reparations for them from the Abbesse if it were just Whereupon ALL THE COUNCIL held it just and DECREED BY AN UNANIMOUS DECREE that all the Lands and things taken away from the Arch-Bishop by her Father should bee restored together with the profits thereof lost for so long a space as also all the Books and Writings by the Abbesse being heir to the King which was accordingly performed by her King Bertulfus Anno 850. Holding a Great Council with the Prelates and Nobles of the whole Realme of Mercia upon the complaint of Siward and the Monks of Croyland of certain injuries maliciously done unto them by their adversaries in violating the Bounds and Priviledges of their Sanctuary to the great prejudice of their Abby Thereupon the King Prelates and Nobles in this Council for redress of this injury prescribed a Perambulation of their Bounds to be made by the Sheriffe of the County and to certifie the same unto them when made which was accordingly made certified to and confirmed by THE KING PRELATES and NOBLES in the Council held by them at Kingsbury in the year 851. as you may read at large in Ingulphus upon the petition of Abbot Siward After the death of King Edgar Anno 975. there being a great difference between the Nobles of the Realme about electing a new King some of them siding with Ethelred others with Edward his two Sons all the Bishops Abbots and NOBLES assembled in a great Parliamentary Council to debate and determine their rights and titles to the Crown Wherein they elected and crowned Edward the elder Brother King In this Council and two or three more succeeding it at Winchester and Calne the married Priests complained TO THE LORDS that they were unjustly expelled out of their Churches by the Monks and their prevailing party during King Edgars Reign to their dishonour and the great injury of the Nation desiring that the Monks might bee ejected and they restored to their Churches they anciently injoyed about which there were great contests and disputes in sundry Councils the King and LORDS inclining to restore them against Arch-Bishop Dunstans and other Monkish Prelates wills About the year 982. There was a Witenagemâ—t or Parliamentary Council held at London to which the DUKES PRINCES and NOBLES resorting from all parts Adelwold Bishop of Winchester complained that one Leofsi who had purchased Lands of him in the Isle of Ely not only refused to pay for them but also disseised him of three other Mannors The cause being opened and pleaded by the Bishop and the Lawyers flocking thither from all parts They ALL ADJUDGED that the Lands and Mannors should bee restored to the Bishop together with all his dammages and that Leofsi for this his rapine should also pay a fine and ransome to the King Queen Edgen in a civil cause and suit in the County Court between her and Goda appealed from that Court to King Ethelred and a Parliamentary Council at London Congregatis Principibus sapientibus Angliae In the time of St. Edward a suit between the Bishops of Winchester and Durham coram Principibus et Episcopis Regni in praesentia Regis ventilata finita est In the tenth year of King William the Conquerour Episcopi Comites et Barones Regni regia potestate ediversis Provincis ad universalem Synodum pro causis audiendis et tractandis convocati sunt as the Leger Book of Westminster records Hence I suppose it was that what we now call a Parliament was sometimes stiled by our ancient Historians in former ages MAGNUM PLACITUM because of the great Pleas and suits therein decided and judged BY THE KING and LORDS King William the first Anno 1071. held a great Council of his PRELATES and NOBLES at Winchester In hoc Conciliâ— dum caeteri trepidi ut pote Regis aegnâ—scentes animum ne suis honoribus privarentur venerandus Vir Wulstanus Wigorniensis Episcopus quamplures possessiones sui Episcopatus ab Aldredo Archiepiscopo duâ— Ã Wigorniensi Ecclesia ad Eboracensem transferretur sua potentia retentas qui eo tunc defuncto in Regiam potestatem devenerant constanter proclamabat JUSTITIAMQUE INDE FIERI tam AB IPSIS QUI CONCILIO PRAEERANT quam a Rege FLAGITABAT At quia Eboracensis Ecclesia non habens Pastorem qui pro ea loqueretur muta erat JUDICATUM EST ut ipsa querela sic remaneret quousque Archiepiscopo ibi constituto qui Ecclesiam defenderet dum esset qui ejus querelae responderet objectes responsis posset ebidenâ—us et Iustius Iudicium fieri sicque tunc a querela ad tempus remansit But Thomas being soon after consecrated Arch-Bishop of York thereupon reverendi Wulstani Wigorniensis Episcopi mota est iterum querela Archiepiscopo jam consecrato Thoma qui pro Eboracensi loqueretur Ecclesia in Concilio in loco qui vocatur Pedreda celebrato coram Rege ac Doroberniae Aâ—chiepiscopo Lanfranco Episcopis Abbatibus Comitibus Primatibus totius Regni Dei gratia adminieulante Terminaâ—um Cunctis siquidem machinationibus non veritate stipatis quâ—bus Thomas ejusque fautores Wigorniensem Ecclesiam deprimere Eboracensi Ecclesiae subjâ—cere aniliamque facere modis omnibus satagebant justo Dei judicio in scriptis evidentissim is detritis penitus annihillatis non solum vir Dei Wulstanus proclamatas expetitas possessiones accepit sed suam Ecclesiam Deo clamante Rege concedente ea libertate liberam suscepit qua primi fundatores ejus sanctus Rex Ethelredus Offa c. ipsam liberaverunt By which History it is apparent that the King and Lords in that age had the sole judicature in civil causes in the Parliaments then held and decided civil Titles and controversies therein between Bishops and spiritual as well as temporal persons In the year-Book of 21 Ed. 3. fol. 60. There is a recital that upon the complaint of the Abbot of St. Edmonds de Bery against the Bishop of Norwich for infringing the liberties of the Abby in the Reign of William the Conquerour in a Parliament held under him most likely in this Council of Pedreda it was ordained per le Râ—y et per Larchebesque de Canterbury et per touts les Auters Ebesques de
Judg. 17.2 3 4. Exod. 22.1 to 16. Levit. 6.4 5. ch 24.17 to 22. ch 25.27 28. Judg. 11.12 13. 1 Sam. 12.3 4. 2 Sam. 9.7 ch 12.5 6. ch 19.9 to 43. 1 Sam. 7.13 14. 2 King 14.22 Ezra 1.7 8 9 10 11. ch 6.5 which warrant the judgement and restitution they then awarded together with this memorable Act of resumption of the Crown Lands Rents and Revenewes alienated and given away by King Stephen to many Lords and Soldiers to maintain his usurped Title to be just King Henry the 2d Anno 1155. Praecepit eacum omni integritate infra tempus certum a quibuscunque deteâ—toribus resignari in jus statumque pristinum revocari Quidam vero indies carâ—as quas a Rege Stephano vel extorserant vel obsequiis emerant quâ—bus tuti forent protulerunt pleading them in barre against the Kings resumption Quâ—bus fuit a Rege responsum and let those who have purchased or gotten any of the Crown Lands Rents Revenewes by gift or otherwise now remember it Quod carâ—ae Inbasoris praejudicium legitimo Principi minime facere deberent Primo ergo indignati deinde territi consternati aegre quidem sed integre Usurpata vel diu tanquam solido â—ure detenta omnia resignarunt their Charters being all adjudged voyd eisdemque instrumentis minime tuti esse potuerunt as Nubrigensis and Brompton inform us The great and long suit between William de Stutevill and William de Moubray which had continued many years in the Kings Courts concerning the Barony of Moubray was ended in a Parliamentary Council by a final award there made between them that William de Stutevil should release all his right and claim to the Barrony to William de Moubray hee giving him nine Knights fees and twelve pounds Annual Rent for this release cumque super hoc diu certatum esset tandem Anno 1200. the 2d of King Johns Reign concilio Regni et voluntate Regis pax finalis concordia facta est inter praedictos as Roger de Houeden relates who records the agreement at large King Henry the 3d. Anno 1236. in a Parliamentary Council held at York Consilio sultus Magnatum Regni ended the controversie between himself and Alexander King of Scots touching the Lands King John had granted him by his Charter in Northumberland ratified by the subscriptions and assents of his Nobles Earles and Barons Anno 1237. Rex scripsit omnibus Magnatibus suis to appear before him and the Popes Legat at York de arduis negociis regnum contingentibus tractaturis where the difference between King Henry the 3d. and the King of Scots summoned to be present at this Parliament touching his Lands in England were finally determined and a firme peace made between them the King of Scots being to receive three hundred pound lands a year in England sine castri constructione homagiumque Regi Angliae faceret faedus inter eos amicitiae sanciretur hoc se fideliter facturum Regi Angliae conservaturum juraret After this Anno 1244. King Henry summoning all the Bishops Abbots and lay Barons to present all their military Services to him marched with a great army to New-Castle against the Scots who had fortified two Castles harboured rebels against the King and made a peace with France against their former Covenant and League VVhere to avoid the effusion of Christian blood which will cry to God for vengeance congregata Vniversitate Angliae Nobilium apud memoratum castrum tractatum est diligenter super tam arduo negotio Concilio habito circa Assumptionem beatae Maria dligentissimâ— Wherein the NOBLES made an agreement between the Kings of England and Scotland Alexander King of Scots by his special Charter recorded in Matthew Paris promising and swearing for him and his Heirs to King Henry and his Heirs quod in perpetuum bonam fidem eis servabimus pariter amorem c. Most of the Prelates Earles and Barons of Scotland sealing the charter with their Seals and swearing to observe it inviolably as well as their King In the Parliaments of 18 20 21 31 33. Ed. 1. There were many Pleas and Actions for Lands Rents and civil things as well as criminal held before the King in Parliament and adjudged resolved in these Parliaments by assent of the King and advice of the Lords the Kings Judges and Council learned in the Laws there being a large Parchment Volume of them in the Tower of London where all may peruse them some of them being also entred on the dorse of the Clause Rolls of these years Pasche 21. E. 1. Banco Regis Northumberland Rot. 34. John le Machon a Merchant lent a great summe of mony to Alexander King of Scots who dying his Son and Successour refused upon petition to pay it Whereupon hee appealed to the King of England for right propter suum supremum Dominium Scotiae Thereupon the Sheriffs of Northumberland by the Kings command accompanied with four men of that County went into Scotland to the Scots King and there personally summoned him to appear in England before the King of England to answerr this Debt After which all parties making default at the day the Merchant was amerced The King of Scots afterward appeared before the King but at the first time refused to answer at last hee desired respite to bee given him that he might advise about it with his Council of Scotland promising to appear at the next Parliament and then to give his answer And in Placit coram Rege Trin. 21. E. 1. Scotia there is an Appeal to the King of England between subjects of Scotland in a civil cause tanquam superiori regni Scotiae Domino And Clauso 29. E. 1. dorso 10. there is a letter of all the Nobles in Parliament to the Pope de Jure Regis in regne Scotia forecited p. 127 128. and Claus 10. E. 3. dorso 9. The King of Scots is stiled Vassallus Domini Regis Anglia It appears by Claus 5. E. 2. M. 30. that in a Parliament held at Stanford 3. E. 2. a business touching Merchandize and a Robbery on the Sea was heard and decided before the King and Lords in Parliament between the Earle of Holland who sent over a Proctor about it and others Claus 8. E. 2. m. 15. The Petition of David Earle of Ascelos in Scotland by the Kings command was read in full Parliament before the Prelates Earles and Barones that hee might be restored to his inheritance in Scotland to which it was answered by all their Assents that his inheritance was forfeited by his Ancestors for offences by them committed c. but yet the King would give him some other Lands for it In Claus 12. E. 2. it appears that the Popes Legate came into the Parliament and petitioned the King and Lords for a Legacy given by the Bishop of Durham Patriark of Jerusalem lately dead for which the King by assent of the
gratia nunc Cantuariensi electo tunc Wintoniensi Episcopo et Angliae Thesaurario câ—nceptis et dictatis manu magistri Willielmi de Mees Clerici sui Secretarii publici Notari conscriptis et in publâ—cam formam redactis Quam quidem concordiam ad mei excusationem duxi praesent bus inferendam quae talis est Accorde est qe sire Edward fiz aisne du roy ait le government del Roialme et soit rois Coronne par les Causes qe sensiwent 1. Primerment Pur ceo qe la persone ly Roy nest pas suffisaunt de governer Car en touz son temps ad il este mene et governe par autres qe ly ount mavoisement consaillez a deshoneur de ly et destruction de sâ—int Eglise et de tout son people saunz ceo qe il le vousist veer ou conustre le quel il sust bon ou mavoys ou remedie mettre ou faire le vousist quant il fuist râ—quis par les graunts et sages de sâ—n Roialme ou suffrir qe amende fuist faite 2. Item Par tout son temp 〈◊〉 se voloit doner a bon consail no le croire ne a bon governemeâ—t de son Roialm meys se ad done toux jours as ouraignes et occupationes nient covenables entre lessaunt lesploit des bosoignes de son Roialme Item Par defaute de bon governement ad il perdu le Roialme Descoce et autres terres et seignuries en Gascoygne Hytland les quex son pere li lessa en pees amiste ly Roy de Fraunce et detz moults des autres graunts 4. Item Par sa fierte qualte par mavoys consail ad il destruit seint Eglise les persones de seint Eglise tenuz en prisoun les uns Et les alires en destresce et auxint â—lusours graunts et nobles de la terre mys a hountose mâ—nt enprisâ—nez exulâ—tz disheritez 5. Item La ou il est tenuz par son serement a faire droit a toux il ne bad pas volu faire pur son propre profâ—it et convetise de ly de ces mavois conâ—saili es â—e ount este preâ— de ly Ne ad garde les autres pointz del serement qil fist a son corounement si com iâ— feust tenuz 6. Item Il deguerpist son Royalme et fist taunt come en ly fust qe son Roialme son poâ—ple fust perduz qe pys est pur la crualte de ly defaute de sa personne il est trove incorrigible sauntz esperaunce de amendement les quex choses fount si notoires qil ne poount estre desdiâ—z The form and instrument of his deposition is thus recorded by Ranulp Cistrensis and Henry de Knyghton Also that year in the Octaves of Twelfth day was made a Parliament at London There BY ORDINANCE with a solemn message is sent to the King that was in prison 3 Bishops 3 Earls 3 Barons 2 Abbots 2 Justices for to resign to the King that was then in warde the homage that was make to him some time for they would no longer have him for their Lord One of them Sir William Trussel Knight and PKOCURATOR OF ALL THE PARLIAMENT spake to the king in the name of all the other and said I William Trussel in the name of all men of the lond of Englond and of all the Parleament Procurator I resign to thee Edward the homage that was made to thee sometime And from this time forthward now following I defie thee and pryve thee of all ryal power and I shall never be tendant to thee as for King after this time Also this was openly cryed at London The true form of his deprivation is thus recorded in the Chronicle of Leycester and transcribed out of it by Henry de Kryghton in French Jeo William Trussel Procurator dez Prelatez Conrez et Barons et altrez Gentz en ma procuracye nomes Eyantal ceo ployne suffysant poure eâ— Homages et Fealtez au vous Edward Roy Dengleterre come al Roy avant ces â—enres de par lez ditz persones en ma procuracye nomes renk et rebaylle sus a vous Ed. et deliver et face quiâ—ez lez persones avant ditz en la meâ—lâ—our manere que ley et custome donnent E face protestacion en nom de eaux qils ne voillent deformes estre en vostre sâ—alâ—e ne en vostre lyance ne cleyment de vous come â—e Roy â—iens teniâ— Encz vous teignent de â—horse priveye persone sans nule manere de â—eale dignite Cum haec Rex audisset multum de fuis malefactis doluit rugitus et lamenta emittens eo quod per falsos et proditiosos consiliarios sic omni suo tempore ductus fuerat Thomas of Walsingham thus relates the proceeding Convenit etiam illuc tota regni Nobilitas citata per prius ad Parliamentum tenendum ibidem trastino dicti â—esti ubi cuncti centuerunt regem indignum diademate et propteâ— plures articulos deponendum er Edwardum filium ejus primogenitum in regem unanimiter eligendum Quod etiam consequenter factum fuit et electio in aulâ— magna Westmonasterii publice divulgare per quendam ex Magnatibus sapientem Cui electioni consensit populus universus Archiepiscopus vero Cantuariâ—e praesenti consensit electioni ut omnes Praelati Archiepiscopus quidem assumpto themate vox populi vox Dei sermonem feci populo exhortans omnes ut apud regem regum intercederent pro electo Facto sermone discessum esâ— Ut autem notuit Reginae filliâ—ni electio et viri dejectio plena dolore ut foris apparuit sere mente alienata fuit Edwardus quoque filius suus mateâ—no doâ—ori compassus juravit quod invito patre nunquem susciperet coronam regni Idcirco communi decreto ex parte totius regni tres Episcopi duo Comiteâ— et duo Abbates et de quolibet Comitatu regnitre milites ac etiam de Londoniis et aliis civitatibus et magnis villis ut praecipue de portubus de qualibet certus raimerus persoâ—arum missi sunt ad regem apud Kenelworth qui nunciaâ—ent electionem filii sui et requirerent diligenter quod renunciaret dignitati regiae et coronae et permitteret eundem filium suum regnare pro eo alioquin ipsi reddirent sibi homagia et procederent in praetactâ—s Rex autem ut haec audivit â—um stetu et ejâ—latu respondit quod multum doluit de eo quod sic demeruit erga populum sâ—i regni et ab omnibus qui aderant veniam precabatur Sed ex quo aliter elâ—e non potuit gratias egit quod filium suum primogenitum elegissent Nuncii vero ad Parliamentum Londonias rede untes cum regis responâ—o et insigniis plebem laetam fecerunt mox tota regni
kingdom by his unnatural Son Absolon who made himself King de facto who was yet a traytor with all his Adherents and came to a tragical end 2. Sam. c. 15. to c. 20. by the case of Adonijah the Vsurper and his Adherents slain and degraded as Traytors and of the Usurper Athaliah who had near 7. years possession of the Throne and slew all the bloud royal but Ioash yet was shee dispossessed slain as a murderer traytor usurper and Ioash the right heir set upon the Throne and crowned King by Jehoiada the high Priest the Captains and Rulers of the host and Officers people of the Land who all rejoyced and the City was quiet after that they had slain Athaliah with the sword 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongst the Jews So it was the antient Law of England under the antient Britons as is evident by the case of the Usurper Vortigern who afâ—er his Usurpation of the Crown by the murther of two rightfull Kings Constantine and Constance and near 20 years possession by usurpation the Britons calling in and crowning Aurelius Ambrosius the right heir for their lawfull King he was prosecuted by him as a Traytor both to his Father and Brother whom he caused to be murdered to gain the Crown besieged assaulied and burnt to death in the Castle of Genorium in Wales with all his adherents that were in it This Law continued not onely under our Saxon Kings but English too as is evident by the case of Qu. Maud reputed a lawfull Queen notwithstanding the usurpation Coronation and actual possession of King Stephen in her absence all whose grants of the Crown lands were resumed by her Son King Henry the 2. and King Stephens Charters and Grants of them resolved null and void against King Henry because made by a Usurper and Invader of the Crown King John in the year 1216. was renounced by most of his Nobles Barons people who elected crowned and swore allegeance to Lewes as their King and dispossessed King John of all or most of the Realm who thereupon at his death cum summa mentis amaritudine maledicens non valedicens omnibus Baronibus suis pauper omni thesauro destitutus nec etiam tantillum terrae in pace â—inens ut vere JOHANNIS EXTORRIS diceretur ex hac vita miserrime transmigravit Henricum primogenitum suum REGNI CONSTITUENS HAEREDEM Yet no sooner was he dead though Lewes was K. de facto and that by the Barons own election who called him in and crowned him but Gualo the Popes Legat and many of the Nobles and People asâ—embling at Glocester there crowned Henry his Son for their true and lawfull King at Glocester cogente necessitate quoniam Westmonasterium ubi locus est ex consuetudine regiae consecrationis deputatus tunc ab inimicis suis suit obsessum After his Coronation he received the homages and fealties of all the Bishops Earls Barons and others present at his Coronation Sicque Nobiles Universi Castellani eo multo fidelius quam regi Johanni adhaeserunt quia propria patris iniquitas UT CUNCTIS VIDEBATUR filio non debuit imputari After which most of the Nobles and English deserting Lewes submitted themselves to Henry as their lawfull Soveraign routed the French forces besieged Lewes in London forced him to swear that he would depart the Realm and never to return more into it during his life and presently restore all the Lands and Castles he had taken in England by warr and resign them to King Henry Which he accordingly performed Most of the Barons who adhered to Lewes and submitted themselves to King Henry were by agreement restored to all their rights inheritances and Liberties But some Bishops Abbots Priors Secular Canons and many Clergy-men qui Ludovico Baronibus consilium praestuerant et favorem and continued obstinare were excepted out of the composition between King Henry and Lewes and thereupon deprived of their livings goods and forced to make fines and compositions for adhering to the Usurper Lewes though King de facto for a season Therefore a King de facto gets neither a legal freehold against the King de Jure or his heirs nor can he indemnify his adherents against his Justice who are still Traytors by adhering to him though crowned and the King de jure may punish them as such 5ly Since the Statute of 25 E. 3. which altered not the Law in this point before it in the Parliaments of 1 E. 4. roâ— Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34 35 36. King Henry the 6. himself though king de facto for 39. years and that by Act of Parliament and a double descent from Henry the 4th and 5th Usurpers and Intruders together with his Queen and sundry Dukes Earls Barons Nobles Knights Gentlemen who adhered to him in his wars against Richard Duke of Yorke and Edward the 4th King de jure were all attainted of high Treason all their lands goods chattels forfeited some of them executed as Traytors for adhering to Henry the 6. and assisting him in his wars against Edward the 4th king only de jure it being adjudged High Treason within the Statute of 25 E. 3. against Sir Edward Cooks fond opinion to the contrary As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when restored to the Crown may punish Treason against the king de facto who usurped on him either by levying warr against him or compassing his death it was so farr from being reputed Law in any age being without and against all Presidents or in King Edward the fourths reign that those who levied war against Henry the 6. were advanced rewarded as loyal Subjects not punished as Traytors for it by King Edward the 4th when actually King It being not only a disparagement contradiction to the Justice Wisdom Title Policy and dangerous to the person safety of any King de jure to punish any of his Lieges Subjects for attempting the destroying deposing of an Vsuper of his Crown and Archtraytor to his person but an owning of that Usurper as a lawfull King against whom high Treason might be legally committed and a great discouragement to all loyal Subjects for the future to aid him against any Intruders that should attempt or invade his Throne for fear of being punished as Traytors for this their very loyalty and zeal unto his safety Moreover all the gifts grants made by Henry the 4 5 6. themselves or in and by any pretenced Parliaments under them were nulled declared void and resumed they being but meer Usurpers and kings de facto not de jure 6ly It is the judgement resolution of learned Polititians Historians Civilians Canonists Divines as well Protestants as Papists Jesuites and of some Levellers in this age that it is no Offence Murther Treason at all by the Laws of God
of England without any election by or Commission from the people with the true grounds thereof 2ly That the judicial power Judicature and Jugdements in Parliament belong wholly and soly to the King and House of Lords not to the Commons House and that in all criminal civil or ecclesiastical causes whatsoever proper for Parliaments to decide both in the Cases of Commoners and Clergy men as well as Peers who are onely triable both in and out of Parliaments by their Peers here plentifully evinced In debating these two points I have briefly proved the Antiquity of our Lords and Nobles sitting â—oting in all Parliamentary Great Councils both under our British Saxon Danish Norman and English Kings before any Knights Citizens or Burgesses were admitted into our Councils or Parliaments which having more particularly demonstrated by undeniable presidents in my Historical Collection of all the antient Great Councils and Parliaments of England in my Antiquity triumphing over Novelty p. 9 10.55 to 85. and in my 1 2 3. parts of an Historical Seasonable Vindication and Collection of the fundamental Rights Privileges Laws c. of all English Freemen printed 1655. 1656. 1657. wherein all the Great Councils and Parliamentary assemblies from Brute to William the Conquerer are Chronologically collected and epitomized I shall referr the Reader thereunto for full satisfaction of the Antiquity of our Parliamentary Councils and the Lords constant sitting voting judging in them 2ly Because many of our late Historians Antiquaries Lawyers and others derive our Parliament as now constituted and the calling of Knights Citizens and Burgesses to them from the Parliamentary Council held at Salisbury in the 16. year of King Henry the 1. or at least from King Henry the 2. his reign which the forged Imposture stiled Modus tenendi Parliamentum and Sir Edward Cook seduced by it would advance as high as Edward the Confessor as if there had been Knights Citizens and Burgesses usually summoned to all Parliaments in his reign and ever since I have herein given you an account out of our antientest and best Historians of all the Parliaments and Proceedings in them both under King Henry the 1. 2. and most others under their immediate Successors infallibly proving there were no Knights Citizens and Burgesses in the Parliaments held under either of them and that their first summons to Parliaments for ought appears was but in 49 H. 3. not before since which they have been usually summoned but yet in a various manner 3ly I have evidenced by many memorable Histories Presidents Records in all ages the most whereof were never mentioned by any who have formerly written of Parliaments that the Judicature in our Parliaments resides solely in the King and House Lords not only in all Criminal cases of Lords Peers Commons and in all Civil and ecclesiastical businesses Appeals and Writs of Error there descided but likewise in all cases of Elections breach or allowance of privilege of Parliament and misdemeanours relating to the House of Commons themselves their Speakers Members and menial Servants To which I shall only add That the late King in his printed Answer to the 19. Propositions of both Houses June 1642. thus declares That the LORDS being trusted with a Iudicatory power are an excellent Screen and Bank between the Prince and People to assist each against any incroachments of the other and by just judgements to preserve that Law which ought to be the Rule betwéen every one of the thrée 4ly I have herein for the benefit of all Students Professors of the Law and others who take all Sir Edward Cooks Opinions Records for undoubted Oracles without examination and swallow down all his mistakes discovered many of his gross Errors oversights misrecitals and pervertings of Records in matters relating to our Parliaments evidenced his much magnified Modus tenendi Parliamentum to be a meer late Imposture full of mistakes concerning the Antiquity and Judicature of the Commons House and refuted Sir Edward Cooks mistaken Law as in other points so in this That the Kings general writ of summons to any Knight or Esquire to the House of Lords by the name of Knight or Esquire without any special clause of creating him a Baron or Lord in the Writ doth neither ennoble himself nor his heirs nor make them Lords and Barons though they sit in the Lords House as he asserts it doth unless they held by Barony of the King before and were Barons by their Tenure the general writs of summons stiling them only Knights and Esquires as before not Lords or Barons and having no clause in them that will amount to the creation of a Lord much less of a Baron which Title or word Baron is not mentioned in the Writ nor doth it affix their Lordship or Barony to any particular place as all Writs and Patents that create men Lords or Barons use to do For the further clearing of this point you may observe that the writs of summons in the Clause Rolls do sometimes stile the persons summoned Barons thus all or most of the writs of summons from 25. E. 3. to 1 E. 4. are directed Willielmo Baroni de Graystocke Chivaler Radulpho Johanni Radulpho Baroni de Graystocke Sometimes the writs stile them Lords as Johanni Talbot Domino de Furnival in 4 H. 5 c. In Ann 25 27 28 29 31 33 38 H. 6. and 2 E. 4. the writs are Henrico Peircy DOMINO de Poymiger DOMINO de Poynings DOMINO de FERRARIIS de Groby Thomae DOMINO de Roos Richardo Woodvil Militi DOMINO de Rivers Roberto Hungerford Mil DOMINO de Mollings Willielmo Beuchamp DOMINO de Sto Amando Jacobo de Fynes DOMINO de Say et Seal Edwardo Gray Mil. DOMINO de Groby H. DOMINO de Poynings Johanni Sturton Mil. DOMINO de Sturton Johanni DOMINO de Clinton Edoardo Nevil DOMINO de Burgaveny Willielmo Bourchier Mil. DOMINO de Fitzwarren Henrico Bromflet DOMINO de VESSEY Thomae Grey DOMINO de Richmond Tho. Percie Mil. DOMINO de Egremont Ricardo Wells DOMINO de Willoughby Mil Richardo Fynes DOMINO de Dacre Though in most antient and later writs the word Dominus is omitted and the name of the Barony only used Somtimes there is a special clause of Creation in the writ it self as in Clause 27 H. 6. m. 26. dorso Henrico Bromfleet Mil creaâ—ing him the heirs males of his body lawfully begotten Barons of Vessey These writs which thus stile thâ— Barons Lords create them such by special clauses as patents doe will make those Knights and Esquires Lords or Barons who were none before but a General writ which terms them only Knights or Esquires and gives them neither the Title of Lords or Barons nor creates them such cannot make themselves or their posterity Lords or Barons unless they held by Barony and then they are Barons only by Tenure not Writ This is clear as I conceive by the
very year-books of 22 E. 3. f. 18. a. where a Juror in the Grand Assise was challenged because he was a Baner or Baron and this Challenge not allowed car sil soit a BANER ne tient pas per BARONI il seruera in l'assise By 48 E. 3. f. 30 b. Brook Challenge 37. where Sir Ralph Everden Knight brought a writ out of Chancery and also a privy Seal to the Justices rehearsing that he was a Baron and commanding them to discharge him from being sworn in Assises because Barons ought not to be sworn in any Enquest or recognisance against their wills Whereupon Judge Belknap examined him Sil tient per Borony sil avera tout ceo temps Venus a Parlement come Baron duist vener who answered That he held by a certain part of a Barony and that he and his Ancestors had alwayes held so After which upon good advice he was discharged The tenure by Barony and comming to Parliaments in Belknaps opinion being that which makes men Barons not the general writ of Summons unless they held by Barony which Opinion is fortified by An. 3 H. 3. Fitzh Prescription 56. M. 4 H. 3. Dower 180. M. 23 H. 3. Partition 18. Tr. 18. 2 E. 2. Fitz. Assise 383. 39 E. 3.35 b. 34 H. 6.50 Trial. 18.35 H. 6.40 a. Sir Edward Cooks 4 Instit p. 47. Gilbert de Vmphrevils case with what Sir Edward himself hath observed in his 4 Instit p. 5. which I thought fit to add for further clearing of this moot-point to what I have herein collected touching this Subject 5ly I have here p. 57. to 132.243 to 258.264 to 267. 192. to 206 c. produced many memorable presidents and Records of our Lords and Barons magnanimous strenuous unanimous oppositions of all Regal and Papal Usurpations Oppressions Exactions Encroachments on the peoples Liberties or properties in former ages in our Parliaments of their care vigilancy industry courage to gain retain confirm and perpetuate to posterity those Grand Charters of our Liberties and Fundamental Laws privileges franchises which we formerly enjoyed by their valour and so long contested for both in Parliaments and the field against the late King with the prodigal expence of much Christian bloud and many Millions of Treasure Which yet now at last are almost totally lost betrayed deserted disowned both by the Nobility Gentry Lawyers Clergy and Commonalty of the Nation through base unworthy unchristian unEnglish ignoble fear and cowardise to their eternal infamy and reproach unless the God of the spirits of all flesh shall infuse new life and English Spirits into their spiritless stupid timorous faint-hearted slavish and almost despairing Souls by the serious contemplation of those heroick presidents of their ancestors here represented to their view especially when publikely assembled in Parliament and pressed to burden the people with new Aydes and Taxes though very rare small and inconsiderable in respect of the manifold heavy incessant Taxes Excises Imposts which we have for many years last past susteined to fight our selves into greater slavery beggary confusion every year than other and hasten the total and final desolation of Church State Religion Laws Liberties Parliaments kingdom if God of his infinite goodness prevent it not by induing the Lords of the Great Council of Parliament and all the Nobility Clergy Lawyers Gentry Commonalty and Soldiery of the Land with Grace wisdom understanding magnanimity unanimity and activity to know and pursue in this their day the things which belong to their peace liberty ease and settlement which shall be my daily Letany for them 6ly I have here published to your view the Articles proceedings â—udgements in Parliament against the two Spencers Roger Mâ—rtimer Earl of March King Edward the 2. and Richard the 2. out of the Records themselves more fully truly than they are related by our vulgar Historians to rectify some mistakes in them and presented you with the memorable petition of the Commons and the Kings answer thereunto in the Parliament of 1 Edw. 4. setting forth his pedegree Title to the Crown at large disproving the Titles of Henry the 4 5 6. branding them as meer Usurpers condemning Henry the 4. his deposition and murder of King Richard the 2. as a most tyrannical wicked bloudy unchristian act Murder execrable both to God and men which drâ—w down exemplary Judgements on the land and occasioned bloudy intestine wars repealing all proceedings Acts Ordinances for the establishment of this Usurper and attainting K. Henry the 6. his Queen Son and all their adherents of High Treason A record never formerly published And I have cleared these presidents from those false inferences to prove the Commons joynt interest in the Judicature of Parliament with the Lords and justifie those exorbitant proceedings which some have erroniously deduced from them 7ly In this plea I have for the most part recited the passages of our antient Parliaments and Records in the same language our old Historians and Records relate them both to avoid all suspitions of any mistranslation and because their own language more elegantly expresseth them and will give greater satisfaction to the learned of all professions for whose benefit and instruction I have chiefly published them not for the illiterate vulgars than any translation whatsoever If there be any lack-Latin Lords or Lawyers of so ignoble education or extraction that they cannot understand them I presume they have some Chaplains Secretaries Steward or Clerk belonging to them or learned friends near them who can interpret those passages in it which will be a shame for any Nobleman or Lawyer to profess in publike he understands nor for if Lawyers understand not Latin or French Records when printed how will they be able to read or make use of them in the Tower or Treasuries the principal Magazines both of that kind of learning and Law which concerns either our Parliamentary or State-affairs which will be wholly lost in few years more if all Students of the Law as many now do turn English Lawyers only and cast off the use both of Latine and Law-French in their publike Mootes the readiest method to make them real Ignoramusses and as void of Law as of these Languages wherein the Records are registred It is our Saviours observation John 3.19 20. That light is come into the world and men love darkness more than light because their deeds are evil For every one that doth evil hateth the light neither cometh to the light lest his deeds should be discovered or reproved And St. Paul complains of the foolish Galathians whom some had bewitched that they should not obey the truth that though at first they so respected him that if possible they would have plucked out their own eyes and given them to him yet soon after reputed him to be their enemy because he told them the truth I doubt the old and new Lights and unknown Parliamentary truths proceedings discovered to the ignorant blind world in this Plea
13.1 2 3 c. commands Every Soul to be subject to the higher powers not only for fear but conscience sake upon this ground For there is no Power but of God the powers that are are ordained or ordered of God and they are the Ministers of God to men for good Hence God and Christ are stiled The only Potentate THE KING OF KINGS AND LORD OF LORDS The Prince of the Kings of the Earth 1 Tim. 6.15 Rev. 1.5 c. 17.14 c. 19.16 because they only by meer original right dispose of all Kings Lords Potentates kingdoms Upon which reason the Apostle concludes That all created things in heaven and in earth whether they be Powers or Principalities or Dominions or Powers are created BY AND FOR CHRIST that in all things he might have the preheminence might and dominion being exalted far above all Principalities and Powers Col. 1.16 17 18. Eph. 1.20 21. By what divine natural inherent just right or Title then the Commons or Vulgar people of our own or other Realms can challenge to themselves the sole power of electing setting up and pulling down their Kings Princes Lords Judges kingdoms Principalities Powers Dominions at their arbitrarie pleasures of setting up pulling down or electing their Supreme or subordinate Governors Magistrates and all Peers of Parliament at their wills of disposing kingdoms Powers Lordships to whomsoever they please as these Bedlam Objectors plead they may without contradicting all these Sacred Texts and intruding upon these royal incommunicable Preheminences Prerogatives of God and Christ let all popular pretenders to or advocates for such a power in the people and Commons of the Realm resolve me and all others when they are able against all these Texts oppugning this their claim and interest 9. Ninthly I answer that a particular explicit actual choice and election by the people of any to be Kings Magistrates Judges Ministers Peers or Members of Parliament is neither necessarie nor convenient to make them just and lawfull except onely when the Laws of God of Nature of Nations or the kingdom expresly require it but onely a general implicit or tacit consent especially when the antient Laws of the Land continuing still in full force and the custom of the Kingdom time out of mind requires no such ceremonie of the peoples particular election or call in which case the peoples dissent is of no validitie til that Law and custom be repealed by the general consent of the King Lords and Commons in Parliament Now the antient Laws Statutes and Customs of the Kingdom enable all Lords who are Peers and Barons of the Realm to sit in Parliament when ever summoned to it by the Kings Writ without any election of the people and if the Laws and Customs of the Realm were that the King himself might call two Knights Citizens and Burgesses to Parliament such as himself should nominate in his Writ out of every County City and Borough without the Freeholders Citizens and Burgesses election of them by a common agreement and consent to such a Law and usage made by their Ancestors and submitted and consented to for some ages without repeal this Law and Custom were sufficient to make such Knights Citizens and Burgesses lawfull Members of Patliament obliging their posterity whiles unrepealed as well as their Warranties Obligations Statutes Feofments Morgages Oaths and alienations of their Lands as the Objectors must acknowledge therefore they must of necessity grant their present sitting voting and judging too in Parliament to be lawfull because thus warranted by the Laws and Customs of the Realm 10. If all Power in Government all right of sitting judging and making Laws or Ordinances in Parliament be founded upon the immediate free election of all those that are to be Governed and if it be of necessity that all who are to be subject and obey ought to be represented by those who have power in Government the Sum of Lilburns Overtons and the Levellers reasons against the Lords Jurisdiction then it will of necessity follow If this be good Divinitie and Law that the Laws of God Moses and Christ himself should not bind the Jews or Christians because made without their common consents or any to represent them Then the Laws Decrees of the Medes and Persians made by their Kings alone or by them and their Princes without any representative of their People as is evident by Esth 1.13 to the end ch 3.8 to 15. ch 8.8 9 c. c. 9.32 ch 10.1 Ezr. 1.1 c. ch 4.6 to 24. ch 5.13.17 c. 6.1 to 15. c. 7.11 to 27. Jonah 3.6 7 8. Dan. 6 7 8 9. were meer nullities and not binding to the commonalty Then the Laws of David his Captains and Princes concerning the Levites Priests Temple c. 1 Sam. 30.2.45 2 Chron. c. 22. to ch 29. with all our own antient Britâ—sh and Saxon Laws made by our Kings and Nobles alone without any Knights Citizens or Burgesses elected by or representing the people as were all our Laws and Acts before Henry the 3d his reign both before and after the Conquest as we usually call it though many of them yet in force and vigor With all antient Lawes made by Kings alone being the only Law-makers in all Nations at first as Justine and others attest and Ezr. 7.26 Esth 3.8 Isay 33.22 intimate whence they are stiled the Kings Laws c. should be meer Nullities by this Doctrine because not made by the Peoples previous consents and representatives Yea then the Orders Votes Ordinances and Laws made or consented to by the Knights Citizens and Burgesses in Parliam ought not to bind any Ministers Women Children Infants Servants Strangers Freeholders Citizens Burgesses Artificers or others who cannot well properly be represented but by persons of their own sex degrees trade calling so each sex trade in each county Corporation of Engl. should send Members of their own to Parliament to represent them but only such Freeholders and Burgesses who had voices in and gave free consent to their Elections not any who have no voices by Law or dissented from those elected and returned Yea then it will necessarily follow that those Counties Cities and Boroughs whose Members have been injuriously impeached suspended driven away or thrust out of the House of Commons by the Objectors and the Armies practise violence contrary to all former presidents are absolutely free exempted from and not bound by any Votes or Ordinances made or taxes imposed by the Commons House because they have no Members to represent them residing in Parliament and that those Counties and Boroughs whose Knights and Burgesses are dead or absent are no wayes obliged by any Votes Ordinances or Grants in Parliament And then how few in the Kingdom will or ought to yield obedience to any the Acts Ordinances or Votes of this present Parliament or to any Mayors Sheriffs Aldermen or Heads of Houses made by their Votes and Authority usually made by election
heretofore or to any Judges Justices Governours Generals Captains or other Militarie Officers made by their Commissions or appointment without the generality of the peoples Votes or consent especially when above half or three full parts of the Members were absent or driven from both Houses by the Objectors violence and menaces These Answers premised which have cut off the head of the Objectors Goliah and chief Argument against the Lords sitting in Parliament I shall now proceed to the proof of the Lords undeniable Right and Authority to sit Vote and give Judgement in our Parliaments though not actually elected nor sent to them by the people as Knights and Burgesses are 1. It is evident by the Histories Records of most antient and modern Kingdoms and Republikes in the world that their Princes Nobles Peers and great Officers of State have by their Original Fundamental Laws and Institutions by right of their very Nobility Peerage and great Offices without any particular election of the people a just right and title to sit consult Vote enact Laws and give Judgement in all their General Assemblies of State Parliaments Diets Councels as might be manifested by particular instances in the Kingdoms Republikes Parliaments Diets and General Assemblies of the Jews Aegyptians Grecians Romans Persians Ethiopians Germans French Goths Vandals Hungarians Bohemians Polonians Russians Swedes Scythians Tartars Moors Indians Spaniards Portugals Danes Saxons Scots Irish and many others Hence Dionysius Halicarnasseus Antiquitatum Romanorum l. 2. Sect. 2. affirms That both hereditary and elective Kings even in the antientest times CONSILIUM HABEBANT QUOD EX OPTIMATIbVS CONSTABAT had a Council which consisted of Nobles and Great men as Homer and the most antient Poets attest Neque ut nostro seculo Regum priscorum dominatus erat nimium sui juris neque ab unius sententia pendebat Now to deny the like privilege to our English Peers and Nobles which all Nobles Peers in all other Kingdoms Nations Republikes antiently have enjoyed and yet doe constantly enjoy without exceptions or dispute is a gross injury injustice over-sight yea a great dishonour both to our Nobility and Nation Secondly By and in the very primitive constitution of our English Parliaments for many hundred years together there were no Knights nor Burgesses at all but only the King and his Nobles after which when elected Knights gestes were first sent to Parliament about 49 H. 3. it was granted by the Kings grace and unanimously agreed by the kingdoms peoples general consents that our Parliaments should alwayes be constituted and made up not of Knights and Burgesses only elected only by Freeholders Burgesses not by the generality of the vulgar people who would now claim usurp this right of Election but likewise of the King the Supreme Member by whose writs the Parliaments were and ought to be alwayes summoned and of the Lords Peers Barons ecclesiastical civil and great Officers of the Realm who ought of right to sit vote make Laws and give Judgement in Parliament by vertue of their Peerage Baronies Offices without any election of the people the Commons themselves being no Parliament judicatorie or Law-givers alone without the King and Lords as Modus tenendi Parliamentorum Sir Ed. Cook in his 4. Institutes ch 1. Mr. Seldens Titles of Honour part 2. ch 5. Vowell Cambden Sir Thomas Smith Cowell Minshaw Crompton with others who have written of our English Parliaments assert and all our Parliament Rolls Statutes Law-books resolve without whose threefold concurrent assents there is or can be no legal Act nor Ordinance of Parliament made since the Commons admission to vote in Parliament and assent to Bills which was but of later times out of the Kings frâ—e Grace Thirdly This right of theirs is confirmed by prescription and custom from the very first beginning of Parliaments in this kingdom till this present there being no president to be found in History or Record of any one Parliament held in this Island since it was a kingdom without the King personally or representatively present by a Protector Custos Regni Commissioners as he ought to be or without Lords and Peers antiently stiled Aldermen Heretockes Senators Wisemen Princes Dukes Earls Counts Nobles Great men c. by our Historians who make mention of their constant resorting to sitting voting judging in our General Assemblies and Parliamentary Councils under these Titles without the peoples Election for many hundreds of years before the Conquerors time in the antientest Parliamentary Councils we read of under the Britons and Saxons witness Beda Ingulphus Geoffry Monmouth Huntingdon Matthew Westminster Florentius Wigorniensis Malmsbury Hector Boetius Speed and others in their Histories Antiquitates Ecclesiae Britannicae Spelmanni Concilia Tom 1. Mr. Lambard his Archaion Sir Edward Cook in his Preface to the 9. Report and fourth Institut c. 1. M. Seldens Titles of Honor part 2. c. 5. which I have largely manifested in my Truth triumphing over Falshood Antiquity over Novelty p. 56. to 90. My Historical Collection of the antient Great Councils Parliaments c there being little if any express or direct mention at all of any Knights of Shires Citizens or Burgesses in any of our Parliamentarie Councils before the Conquest or in the Conquerors time nor yet in the reigns of King William Rufus Henry the 1. Stephen Henry 2. Richard 1. King John or first part of the reign of Henry the 3d the first direct Writ of Summons for any Knights Burgesses or Commons to our Parliaments now extant being that of Clause 49 H. 3. m. 10 11. dorso before which no evident testimony can be produced for their sitting or voting in any great Councils or Parliaments as Members but onely out of the Spurious pretended antient though in truth late ridiculous Treatise stiled Modus tenendi Parliamentum on which Sir Edward Cook and others most rely And whereas some conclude that even in the antient Saxon Great Councils the Commons were usually present as Members being comprehended under the Titles of Sapientes Seniores populi Aeldermanni c. which in the dialect of those times signifie rather Lords and Great Men than Commons or Burgesses as all accord or at least wise under these phrases praesentibus omnibus Ordinibus illius Gentis cum viris quibusdam Militaribus rather Soldiers than knights of which we find mention in the Council of Bechenceld Ann. 697. or omnium Sapientum Seniorum POPULORUM totius Regni coupled with these pre-eminent Titles of Omnium Aldermannorum Principum Procerum Comitum who met together in a General Council under Ine Anno 713. Or cujuscunque Ordinis viros in the Council of Clovesho An. 800. which expressions are now and then mentioned in some antient Councils and Parliaments though rarely yet these are rather conjectural or probable than direct or punctual proofs of what they assert whenas the Lords Title to sit and vote in them is most direct and infallible And
if that of Ingulphus with other our Historians and some Lawyers be true which Sir Edward Cook and Mr. Selden deny that King Alfred first divided the Realm into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwaies yet are and ought to be elected there could be no Knights of Shires at least if any Citizens or Burgesses to serve in Parliament before this division though there were Earls Dukes Barons before his reign who were present by the Kings summons not peoples elections at our Great Councils or Parliaments as Mr. Selden and Sir Henry Spelman undeniably manifest and I have elsewhere proved at large Their sitting voting judging therefore in Great Councils Parliaments being so antient clear and unquestionable ever since their first beginning til now and the sitting of Knights Citizens Burgesses by the peoples election in our antientest Great Councils Parliaments not so clearly evident by History or Records as theirs we must needs acknowledge subscribe to this their Right and Title or else deny the Knights Citizens Burgesses rights to sit vote in our Great Councils Parliaments rather than theirs who have not so antient nor clear a Title or right as they by many hundreds of years Fourthly This Right and Privilege of theirs is vested legally in them by the very Common Law and Custom of the Realm which binds all men By the unanimous consent of all our Ancestors and all the Commons of England from age to age assembled in Parliament since they sat in any Parliaments who alwaies consented to desired and never opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it self signed and ratified by King John wherein it is expresly granted Ad habendum COMMUNE CONCILIVM REGNI de auxiliis assidendis de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites MAJORES BARONES REGNI singulatim per Literas nostras c. And in the Great Charter of King Henry the 3. they are first mentioned and provided for Hereupon King Henry the third not long after Magna Charta was granted and at the same time it was proclamed confirmed with a most solemn Excommunication in the presence of all the Lords and Commons by all the Bishops of England against the infringers thereof summoning a Parliament at London in the year 1255. to aid him in his warrs in Apulia the Earls and Barons absolutely refused to give him any assistance or answer at all for this reason Quod omnes Barones tunc temporis non fuerunt juxta tenorem Magnae Chartae suae vocati ideo sine Paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel Auxilium concedere vel praestare That ALL THE BARONS were not summoned by him to this Parliament as they ought to be according to the tenor of Magna Charta whereupon they departing in discontent and refusing to sit longer the Parliament was first adjourned and at last dissolved And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceeding therein were totally repealed and nulled by the Parliament of 1 H. 4. because the Lords who adhered to the King were summoned by him to the Parliament and some of the opposite party imprisoned impeached unsummoned and many of the Knights of the shire were elected only by the Kings nomination and Letters to the Sherifs And the Parliament it self kept by force viris armatis et sagittariis immensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which Grafton and other Historians write thus That they fell into so great pride of the Kings favour that they accounted the King to be as their fellow and they set the Lords at nought yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rustical people had a while courted they entred into so great a boldness that they would not let neither within nor without the Court to beat and slay the Kings good Subjects to take from them their victuals and pay for them little or nothing at their pleasure as our free-quarâ—erers do now falling at last to ravish mens wives and daughters And if any man fortuned to complain of them to the King he was soon rid out of the way no man knew how or or by whom so as they did what they listed the King not caring to doe justice upon them but favouring them in their mis-doings confiding in them and their guards against any others of the kingdom which gave the Lieges of his kingdom great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his designs is one principle Article exhibited against him by the Parliament of 1 H. 4. wherein he was forced to resign his Crown and then deposed I pray God our new armed Guard and Courtiers at Whitehall and the Muse of as mean condition as those fall not by degrees to the self-same exorbitances contempt of the King Lords Parliament and oppression of the people to their general mutining and discontent In the Parliaments of 6 E. 3. N. 1. Parl. 2 N. 5.6 8 9 8 E. 3. N. 5. 15 E. 3. N. 4. 17 E. 3. N. 2. 20 E. 3. N. 5. 21 E. 3. N. 4. 22 E. 3. N. 1. 25 E. 3. N. 1. 29 E. 3. N. 4. 30 E. 3. N. 1. 37 E. 3. N. 1. 42 E. 3. N. 1. 50 E. 3. N. 1. 51 E. 3. N. 3. 1 R. 2. N. 1. 2 R. 2. N. 1. 3 R. 2. N. 1. 4 R. 2. N. 1. 5 R. 2. N. 65. 6 R. 2. N. 6. 7 R. 2. N. 1. 9 R. 2. N. 1. 8 H. 4. N. 54. We find in these Parliament Rolls that these Parliaments have been usualy prorogued adjourned from the days they were summoned to meet and have not saie nor acted at all because sundry of the Lords some Commons were not come but absent by reason of foul weather shortness of warning or other publique imployments all their personal presence in Parliament being reputed necessary and expedient And 20 R. 2. N. 8. The Commons themselves in Parliament required the King to send for such Bishops and Lords who were absent to come to tho Parliament before they would consult upon what the Chancellor propounded to them in the Kings name and behalf to consider of To recite no more antient presidents In the Parliament of 2 Caroll the Earl of Arundel not sitting in the Parliament being after his summons committed by the King to the Tower of London about his Sons mariage May 25. 1626. without the Lords privity and consent whereby their privileges were infringed and the House deprived of one of their Members presence thereupon the House of
Peers made this memorable Petition and Remonstrance of their Privileges to the King The humble Remonstrance and Petition of the Peers MAy it please your Majestie we the Peers of this Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a message was delivered us from your Majestie by the Lord Keeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament This Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our right and privileges of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case we find iâ— to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting in Parliament or within the usual time of Privilege of Parliament is to be imprisoned or restrained without sentence or order of the House unlesse it be â—or Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be aleged by your Majesties learned Counsel at Law that might any way infringe or weaken this claim of the Peers and to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the question made of this Privilege have una voce consented that this is the undoubted right of the Peers and hath been inviolably enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole body of the Peers in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted by your gracious favour to come sit and serve your Majesty and the Commonwealth in the great affairs of this Parliament And we shall pray c. Upon which Remonstrance and Petition the King refusing to inlarge him thereupon the Lords to maintain their Privilege adjourned themselves on the 25 and 26 of May without doing any thing and upon the Kings refusal to release him they adjourned from May 26 till June 2. refusing to sit and so the Parliament dissolved in discontent his imprisonment in this case being a breach of privilege contrary to Magna Charta In this very Parliament the Lord Digby Earl of Bristol being omitted out of the summons of Parliament upon complaint to the Lords House was by order admitted to set therein as his Birthright from which he might not be debarred for want of Summons which ought to have been sent unto him ex debito Iustitiae as Sir Edward Cook in his 4 Institutes p. 1. The Act for ttriennial Parliaments and King John great Charter resolve And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Privileges contrary to the Great Charter If then the Kings bare not summoning of some Pears to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peer unjustly to disable them to sit personally in Parl. be a breach of Privilege of the fundamental Laws of the Realm and Magna Charta it self confirmed in above 40 successive Parliaments then the Lords right to sit vote and judge in Parliament is as firm and indisputable as Magna Charta can make it and consented to confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligible every Parliament by the Freeholders people as Knights and Burgesses ought to be and to deny this birthright and privilege of theits is to deny Magna Charta it self and this present Parliaments Declarations proceedings in the case of the Lord Kimbolton a Member of the House of Peers Fifthly The Treatise intituled The manner of holding Parliaments in England in Edward the Confessors time befose the Conquest rehearsed afterwards before William the Conquerour by the discreet men of the Kingdom and by himself approved and used in his time and in the times of his successors Kings of England if the Title be true and the Treatise so antient as Sir Edward Cook others now take it to be When as its mention of the Bishop of Carlisles usual place in Parliaments which Bishoprick was not founded till the year of our Lord 1132. or 1134. as Matthew Paris Matthew Westminster Roger Hoveden Godwin and others attest in the later end of Henry the first his reign Its menâ—ion of the Mayors of London other Cities and writs usually directed to them to elect two Citizens to serve in Parliament whereas London it self had no Mayor before the year 1208. being the 9. year of King John nor other Cities Mayors til divers years after nor can any Writs for electing Knights of Shires Citizens or Burgesses to serve in Parliament which it oft times writes of be produced before 49 H. 3. nor any Writs to levy their expences or wages for their Service in Parliaments which it recites be produced before the reign of King Edward the 1. Nor was the name of Parliament which it mentions and writes of so much as used by any Author before the later end of King Henry the 3. his reign after whose reign this Modus was certainly compiled towards the end of K. Richard the 2. or after as other passages in it evidence beyond all contradiction This magnified Treatise be it genuine or spurious determines thus of the Kings and Lords rights to be personally present in all Parliaments The King is bound by all means possible to be present at the Parliament unless he be detained or let there from by bodily sickness and then he may keep his Chamber yet so that he lye not without the Manour or Town where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLS two BARONS two Knights of the Shire two Burgesses and two Citizens to look upon his person to testifie and witness his estate and in their presence he ought to make a Commission and give Authority to the Archbishop of the Place the Steward of England and Chief Justice that they joyntly and severally should begin the Parliament and continue the same in his name express mention being made in that Commission of the cause of his absence thence which ought to suffice and admonish the OTHER NOBLES
vestrum consilium impâ—nsurus Scientes quod si per VESTRAM ABSENTIAM CONTIGERIT dicta negotia quid absit ulterius retardari dissimulare non poterimus quin AD VOS EXINDE SICUT CONVENIT GRAVITER CAPIAMUS Teste Rege apud Ebor. 11 Die Decembris Eodem modo mandatum est 17 aliis Episcopis 13 Abbatibus 40 Magnatibus aliis And in another writ of Summons the same year to the same Archbishop of Canterbury there is this Clause inserted against making any Proxie Scientes pro certò quod nisi evidens et manifesta necessitas id exposcat non intendimus Procuratores seu Excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum Which Clause amongst other reasons was then inserted because the Clergy in a Parliament held at Eltham some two years before refused to grant this King an aid for the defence of Ireland by reason of the Archbishops absence from it adjourning their answer to this aid till they all and the Archbâ—shop assâ—mbled together in a future Convocation to be summoned by the Kings writ as the Claus Rol. An. 4 E. 3. m. 3. dorso recordâ— Thus the Bishops and Clergy refused to grant an aid to King Henry the 3. Anno 1232. and likewise another aid to the Pope Anno 1244. because many of the Bishops and Abbots who were summoned to the Parl. then held were not present Adding Tangunt ista Archiepiscopos necnon universos Angliae Praelatos cum ergo Archiepiscopi Episcopi alii Ecclesiarum Praelati sint Absentes in eorum praejuditiis respondere nec possumus nec debemus Ouia â—id â—cere praesumeâ—emus in prejuditium omnium Absentium fieret Praelatorum All excellenâ— Presidents both for the Lords and Commons in all succeeding ages not to vote or act any thing or grant any aids or Subsidies upon any occasion menace or intreaty whiles their Members who ought to be personally present are absent much more when forcibly secured or secluded by internal confederacy or external armed violence or the whole House of Peers sequestred or suppresâ—ed by factious seditious Levellers who now design their total and final extirpation out of their future New-modelled Parliaments Having thus impregnably evinced the Lords undoubted right to sit and vote in Parliament though they be not elective by the peoples voices as Knights and Burgesses are I shall next discover unto our illiterate Ignoramusses who oppose their right the justice good grounds and reasons of our Ancestors why they instituted the Lords to sit and vote in Parliament by right of their very Nobility and Peerage which will abundantly satisfie rational men and much confirm their right First the Nobles and Great Officers in all Kingdoms and in our Kingdom too in respect of their education birth experience imployments in military State-affairs have always been generally reputed the wisest most experienced Common wealths men best able to advise Counsel the King and kingdom in all matters of Government Peace or War as our Historians Antiquaries Polâ—tians Records acknowledge and attest whence they were antiently stiled Aeldermen Wisemen Magnates Optimates Sapientes Sapientissimi et Clarissimi viri Conspicui Clarique Viri Primates Nobiles c. in our Historians and Records our Parliaments in that respect being frequently stiled in antient times Concilium SAPIENTUM upon which Grounds our Kings Lords and Commons too when ever they recommended Councellors of State to the King in Parliament made choice of Lords and other Peers for for their Privy Councellors as most wise able discreet Therefore it was thought fit just and equal the King should ever summon them to the Parliament by his Writ without any election of the people for their own inherent wisdom excellency valour learning worth the Original cause of advancing enobling them at first as is expressed in their Patents and evident by these Scripture Texts Esth 1.13 14. Isay 19.11 12 13. Jer. 5.5 c. 10.7 c. 51.57 Dan. 2.48 c. 6.1 2 3. Gen. 41.39.40 Psal 105.21 22. compared together This ground of calling the Nobles to the Parliament is intimated in the very words of the summons Et ibidem VOBISCUM Colloquium habere tractare de arduis urgentibus Regni Ecclesiae Anglicanae negotiis VESTRUMQUE CONSILIUM IMPENSURI c. Et hoc nullatenus omittatis which clause recited in the Commons writs of election likewise implies them to be men of most wisdom and experience able to counsel and advise the King in all hit weighty arduous affairs both of the Kingdom and Church whence by Hereditary antient right they are THE KINGS GREAT COUNCEL and so acknowledged by the Commons themselves this last Parliament I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wisdom and specially desired their wholsom Counsel as persons of greater wisdom and experience than themselves but for brevity sake I shall cite only these ensuing Records In the Parliament of 21 Edw 3. rot Parl. n. 4 5. Wil. de Thorp in the presence of the King Prelates Earls Barons and Commons declared that the Parliament was called for two causes The first concerning the wars which the King had undertaken by the consent of the Lords and Commons against his Enemies of France The second how the Peace of England may be kept Whereupon the King would the Commons should consult together and that within four days they should give answer to the King and his Counsel what they think therein On the fourth day the Commons declare That they are not able to counsel any thing touching the point of War wherefore they desire in that behalf to be excused And that the King will thereof advise with his Nobles and Council and what shall be so amongst them determined they the Commons will thereto assent confirm and establish By which it is evident the Commons then reputed the Nobles more wise and able to advise the King in matters of war than themselves who confessed their inability therein and therefore submitted to assent to whatever the Nobles and Councel should therein advise Him 28 Edw. 3. n. 55 58. The Commons submit the whole businesse of the Treaty of peace with France to the order of the King and of his Nobles And 36 Edw. 3. n. 6. The LORDS only advise the king touching Truce or War with Scotland In the first Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redress of grievances and publike affairs to the King prayed that unto the Wednesday ensuing their Articles may be committed to the Bishops Barons other wise men there named by them to be amended which the king grauted whereas the Lords exhibited their Articles apart to the king and the Bishops their Articles apart in this Parliament and protested that they ought not to answer but in open Parliament by and with their
CHARTAE quà m malo consilio fretus in parte laeserat fecit in publico innovare sententiam praetaxatam in omnes ejusdem Chartae contradictores Sic ut si ille per aliquem conceptum rancorem fortè eam non observaret in latam sententiam gravius recidivaret Unde factum est ut omnium corda haec audientium sibi mirabiliter in verbo illo conciliavit Whereupon post multas desceptationes quia se Rex humilians promisit indubitanter se eorum ex tunc et deinceps standum consiliis they granted him a 30th part of their movables upon certain limitations and conditions to be put into such persons hands and disbursed only as they there prescribed which yet were not observed In the 24. year of Henry the 3d. in the Octaves of Epiphany the Archbishops and Bishops cum multis aliis Magnatibus assembled at London the Popes Legat being also present reponentes querimoniam coram Rege Curia sua super variis injuriis et oppressionibus et quotidianis desolationibus illaris Ecclesiae per iniquum Regis consilium contra suas Chartas Iuramenta temere veniendo c. Super quibus injuriis illatis et diatim multiplicatis omnes se asserunt vehementer admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum Ecclesiasticorum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii suam candelam extinxit inclinando Et erant contra Regem in querimoniis Episcoporum capitula circiter 30. Et eatenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliarios qui ejus animum ad praedicta enormia conabantur inclinare Anno 1242. the 26 of King Henry the 3d. Totius Angliae Nobilitas tam Praelatorum quam Comitum Baronum secundum Regium praeceptum est Londini congregatum Et quia audiverant quod Rex eos tam instanter convocaverat et toties eo modo cavillatorie fatigaveraâ— conjurando et sub poena anathematis firmiter inter se statuerunt ne aliquis in concilio extorsioni pecuniari Regi faciendae aliquo modo consentiret c. Igitur regi cordis sui propositum irrevocabile in propatulo exponenti de transitu suo et vocatione Comitis de Marchia et argumentose auxilium pecuniare postulanti responderunt MAGNATES cum magna cordis amaritudine quod talia conceperat inconsultus et talia effrons impudenter postularat exagitans et depauperans fideles suos tam frequenter trahens exactiones in consequentiam quasi a servis ultimae conditionis et tantam pecuniam tories extorsit inutiliter dispergendam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari Rex igitur Romanorum usus versutis fallaciis jussit ut in crastino expectarent voluntatem suam super hoc et aliis audituri Et in crastino vocavit in secretam cameram suam singulatim nunc hunc nunc illum more Sacerdotis poenitentes vocantis ad consessionem Et sic quos non potuit universos singulos singulatim enervatos suis sermocinationibus conabatur astutius enervare petensque ab eis auxilium pecuniare ait Ecce quid concessit ille Abbas mihi in subsidium ecce quid alius protendens rotulum in quo scriptum monstravit quid ille vel Abbas vel Prior tantum vel tantum promisit se daturum cum tamen nullus eorum assensum praebuisset vel ad notitiam cordis devenisset Talibus igitur falsis exemplaribus verborum retiaculis quamplurimos Rex cautius intricavit Multi tamen steterunt nullo modo volentes recedere a communi responsione prout conjuraverant Quibus Rex in ira respondet Erone perjurus Juravi Sacramento intransgressibili quod transfretans jura mea in brachio extento a Rege Francorum reposcam quod sine copioso thesauro qui a vestra liberalitate procedere habet nequaquam valeo Nec tamen his vel aliis verbis potuit aliquos muscipelare quamvis ut praedictum est seorstm quemlibet per se conveniendum vocavit Iterum autem vocavit aliquot simul sibi familiariores affatus eos ait Quid perniciosum exemplum aliis praebetis Vos qui Comites et Barones et strenui Milites estis non deberetis et si alii timeant scilicet Praelati ecclesiae trepidare Avidiores caeteris esse deberetis Jura Regni reposcere et contra injuriantes Martia certamina potenter experiri Nostram partem solidare et consolari tenetur jus nostrum quod habemus Magnatum vocatio cum certa promissione exemplum de Wallia quod solet praeterita futuris prospere continuare ubi nuper foeliciter triumphavimus Et qua fronte poteritis me Dominum vestrum ad tam arduum negotium Reipublicae procinctum relinquere pauperem desolatum cum tenear promissa de transitu meo adimplere jurejurando strictius obligatus Et cum ad notitiam Universitatis perveniret responderunt Supra id quod dici potest admiramur in qua abyssum submersae sunt innumerabiles pecuniae quas a diversis Magnatum custodiis variis escaetis crebris extorsionibus tam ab Ecclesiiis pastore viduatis quam Nobilium terris praeconsis donativis stuporem in cordibus audientium generantibus Domine Rex emunxisti quae nunquam regno vel modicum contulerunt incrementum Praeterea nuper Legatos quosdam vel Legatorum fungentes officiis in hoc Regnum advocasti qui quasi racemos post vindemiantea sibi reliquias residuae pecuniae colligerunt Caeterum nimis admirantur MAGNATES ANGLIAE UNIVERSI quod sine eorum consilio assensu eam arduum tam periculosum negotium es aggressus fidem adhibens fidem carentibus Spretoque naturalium tuorum favore exponis te tam ancipitis fortunae casibus Treugarum foedus inter Regem Francorum tu in anima tua captarum et juratarum indissolubiliter et inviolabiliter usque ad terminum observandarum quem ex parte tua praefixerant praeclari viri Comes Richardus frater tuus Comes R. Bigod inhoneste impudenter non sine periculo animae tuae famae laesione disrumpis Adhibuistis praesentiam tui corporis notabilibus ipsis Magnatibus ultra Marinis contra dominum suum Regem videlicet Francorum calcaneum levantibus eo ipso nulla fides est adhibenda uâ—pote de multiplici proditione notabilibus His Rex auditis in iram excanduit vehementem jurans cum Sanctorum artestatione quod nullo revocaretur terrore nullis verborum ambagibus circumventus ab incoepto proposito retardaretur quin in octavis Paschae naves ascendens fortunam belli in partibus transmarinis contra Francos imperterritus experiretur Et sic solutum est concilium utrobique reposita vel occulta mentis
to enervate their resolutions and lay unnecessary burthens on the people which some other subsequent Presidents will further ratifie 3. That they were the Granters of all publike Ayds to the King which they granted very rarely and that upon extraordinary pressing occasions especially in case of forrain wars though to recover the antient Rights and Dominions of the Crown and that in very small moderate proportions with special provisoes how they should be imployed and that they should not be hereafter drawn into consequence which other Presidents will further evidence 4. That they were very vigilant active zealous in complaning against examining all violations of the Great Charters of their liberties by the King and his Officers and reconfirming them by new promulgations Oaths proclamations excommunications refusing to grant any Ayds till this were effectually done or promised by our Kings which the subsequent examples will further clear 5. That no wars ought to be made nor truces violated but by their Council and advice and that they deemed Truces sworn even to forain Enemies most sacred indissoluble inviolable and the violation of them most dishonest impudent perilous to souls and hurtfull to the reputation even of Kings themselves much more then must Oaths Leagues and solemn sworn Covenants of Subjects to their natural Kings and Kings to their Subjects be inviolable indissoluble and the violation of them most dishonest shamefull perfidious perillous hurtful to mens Souls and reputations and that no faith or trust is to be given to perfidious Traitors Nobles against their natural King Anno Dom. 1238. King Henry being wholly counselled by Foreiners marying the Nobles of the Realm to them neglecting his natural subjects misgoverning the Realm thereupon Earl Richard his Brother and the rest of the Nobles publikely reprehended and opposed him Which Mat. Paris thus relates Comes Richardus cum hoc audisset matrimonium clandestinum eo scilicet nesciente vel assensu Magnatum terrae non interveniente firmatum fuisse nimia ira succensus meritò praesertim cum Rex saepius perjurasset si se nil arduum facturum nisi de consilio naturalium hominum suorum praecipueipsius Insurgens igitur Regem aggreditur verbis commonitoriis et comminatoriis gravem movens adversus Regem quaestionem et calumniam eo quod utens consiliis alienigenarum quos amovere penitus perjuraverat etiam ardua negotiae regni perperam tractaverat et Simonem de Monte forti et I. Comitem Lincolniensem aliis a latere suo amotis non tantum audierat sed contra nobilium conniventiam matrimonia subdola procuraverant Simon ut praedictum est illicite inter eum et Comitissam Pembreciae sororem suam et Johannes Comes Lincolniensis inter filium Comitis Boloniae scilicet Richardum de Clare et filiam ejusdem Comttis I. Rege subducto procuraverant Insurgenti autem illi Comiti Richardo adduntur Comes Gilbertus Marescallus et omnes Comites et Barones Angliae cum civibus et populo generaliter Et sperabatur certissime tunc quod ipse Comes Richardus esset et liberaturus terram tam à Romanorum quam aliorum alienigenarum misera qua premebatur servitute et omnes a puero usque ad hominem senem crebras in ipsum benedictiones congesserunt nec adhesit aliquis Regi nisi solus Comes Canciae H. de quo non timebatur quod ideo quid sinistri possit evenire tum quia se juraverat nunquam arma gestaturum tum propter discretionem suam multis experimentis examinatam Quod comperiens Rex animo et vultu nimis consternatus Nobilium terrae singulos per nuncios suos interogavit diligenter sciscitando si in hunc vel illum in hac jam exorta tempestate possit de adjutorio confidere Cui responderunt universi praecipue Cives Londinenses asserendo universaliter quod honore suo et commodo Regni procuratum est circumspecte quod incipiebatur ab ipso Comite R. licet ipse Rex salubri consilio ejus non acquiesceret unde incoepta nullo modo impedirent Haec comperiens Legatus summam adhibuit imminere videns pericula diligentiam ut Regem suis naturalibus hominibus reconciliaret secreto admonens Comitem R. replicans quod ipse qui capitaneus hujus impetus factus est Deinceps ab incoepto desisteret promittens regem ei ampliores possessiones collaturam et Dominum Papam collatas confirmaturum addens quod si omnes terrae in regem insurgerent ipse qui frater ejus cum eo contra omnes stare haberet indefessus Ad quod respondit Comes R. Domine Legatae de terris laicorum et earum confirmationibus nil ad vos derebus autem Ecclesiasticis curam geratis Nec miremini si status Regni moveat me cum sim haeres solus apparens Rex enim cum fere omnium Episcopatuum terrae et multarum escaetarum custodias habuit nullum tamen thesaurus ejus sentit ad Regni tuitiones incrementum cum tamen undique variis vallemur iâ—imicis Praeterea admirantur nonnulli quod Rex qui maxime auxilio et discretione indiget discretorum vestigia non sectatur Non Imperatoris cui sororem nostram cum magna pecunia dedimus sperantes id nobis profuturum qui sola sua conjuge retenta duces illius nobis remisit nulli corum terras vel thesaurum conferens cum tamen abundaret locuples opulentus De Rege autem Francorum simile potest exemplum recitari cui soror Reginae nostrae matrimonio primogenita copulatur Rex autem noster Angliae e converso omnes uxoris suae affines et consanguineos terris possessionibus et thesauris saginavit et sic se maritavit ut ne thesauro plus ditaretur imo potius prâ—â—aretur ne militari auxilio si opus emerge et roboraretur Praeterea redditus et beneficia Ecclesiastica a piis prdecessoribus nostris nostris collata precipue quae contulerunt antecessores nostri viris religiosis permittit quasi spolia diâ—ipi et alienigenis cum abundet ipsa terra viris idoneis distribui et fit Anglia quasi Vinia sine maceria quam vindemiant omnes qui praetergrediuntur viam Cum autem audisset Legatus hos sermones Regem adiit una cum Episcopo Wintoniensi P. monens et muniens ut se ex tunc voluntati suorum juste in eum insurgentium subderet et obtemperaret nunc minis nunc monitis nunc precibus eundem reformantes Rex videns impetus suos favoribus caruisse et omnes fatri suo Comiti R. inâ—linantes quaesivit quae potuit diverticula inducias deliberandi postulando ut competentius responderet Indueiae igitur ad instantiam petentium concessae sunt Regi licet cum difficultate usque in crastinum Dominicae primae quadragessimae Convenerunt igitur Magnates die statuto Londini super his diligenter tractaturi Et venerunt multi aequis
nos et nos ei in omnibus obtemperabimus Dilata igitur sunt omnia et in respectu posita usque ad quindenam Sancti Johannis Baptistae Sed Dominus Rex interim vel suo Spiritu vel aulicorum suorum qui nollent suam enervari potestatem induratus contra suos homines magis exaspetatus minimum emendationis in praedictis excessibus fidelibus suis secundum quod promisiâ— curavit impendere Whereupon they would grant him no aid at all When he could not move the Nobles all assembled together the next year he sent begging Letters to every one of the Nobles apart for ayd nor as a duty but meer gratuity to carry on his wars against the King of France sed nihil ex inde à circumspectis nisi derisum et sibilum suscitavit King Henry Anno 1252. the 35. year of his reign assembled all the Prelates to London and demanded of them a Tenth for 8. years granted him by the Pope which they refused to grant taxing him for oppressing his Realm and rhe Church with various and innumerable exactions and depriving them of their antient and accustomed Liberties and their money against his Oath and primitive Protestation The Lords and Prelates after sundry publike and privat Discourses and devices then used to draw them to a Contribution recorded at large in Mat. Paris chiding and telling him to his face asserentes ipsum natum tantum ad pecuniam emungendam Soluto igitur cum Regis Cleri et Magnatum indignatione Concilio Rex iram et odium praecordiale thesaurizavit credens haec omnia sibi facta et dicta in spiritu maligno et exoso malignandi materiam parturire About the same time Isabella Countess of Arundell coming to the King about a Wardship and he denying to doe her justice therein though a woman gave him this manly and bold answer Domine Rex quare avertis faciem tuam à Justitia Jam in curia tua quod justum est nequit impetrari Medius inter Dominum nos constitueris sed nec teipsum nec nos sane regis nec ecclesiam veritus es multipliciter perturbare quod non tantum in praesentiarum sed multoties est aperta Nobiles insuper Regni variis modis vexare non formidas vel erubescis Quod cum audisset Rex corrugans nares et subsannans voce dixit elevaâ—a Quid est hoc O Domina Comitissa confecerunt ne Magnates Angliae chartam et pepigerunt tecum ut fieres eorum quia eloquens es advocata et prolocutrix Ad quod Comitissa licet juvencula non tamen juveniliter respondit Nequaquam mihi Domine Regni tui Primates chartam confecerunt sed tu CHARTAM quam confecit pater tuus et tu eam concessisti jurasti observare fideliter et irrefragabiliter et multoties ut eam observares à fidelibus tuis pecuniam de libertatibus observandis eorum extorsisti sed tu semper eis impudens transgressor extitisti Unde fidei laesor enormis Sacramenti transgressor manifestus esse comprobaris Ubi Libertates Angliae toties in scripta redactae toties concessae totiesque redemptae Ego igitur licet mulier omnesque indigenae et naturales ac fideles tui appellamus contra te ante tribunal tremendi judicis Et erunt nobis testes coelum terra quoniam inique nimis nos tractas insontes et nos Deus ultionum Dominus ulciscatur Ad haec Rex siluit confusus quia dictante propria conscientia cognovit quoniam à tramite veritatis non exorbitavit Comitissa et ait Nonne postulas gratiam eo quod mihi cognata sis at illa Ex quo mihi quod jus expostulat denegasti quomodo spem concipiam ut mihi gratiam facias postulanti sed et contra illos ante faciem Christi appello qui te fascinantes et infatuentes consiliarii tui sunt et te a via veritatis avertunt suis tantummodo commodis inhiantes His autem auditis Rex siluit satis civiliter redargutus Comitissa autem nec licentiata nec licentiam postulata magnis laboribus et sumptibus inaniter factis ad propria remeavit Anno 1253. the 37 of Henry the 3d. In quindena Paschae mense Aprilis tota edicto Regio convocata Angliae Nobilitas convenit Londini de arduis Regni negotiis simul cum Rege tractaturi Extiâ—erunt igitur ibidem cum Comitibus Baronibus quamplurimis Archiepiscopus Cantuariensis Episcopi Angliae fere omnes c. Et cum de magna Regis indigentia qui postulavit sibi peregrinaturo infinitam exhiberi pecuniam diu et inaniter tractassent et hinc inde nuncios utrobique consensus haberetur contigit ut ex parte Episcoporum omnium Praelatorum destinarentur Archiepiscopus Cant et Carliolensis et Sarisburiensis Episcopi et electus Wintoniensis ad persuadendum et inducendum Regem ut permitteret prout saepius solenniter jurando promisit sanctam Ecclesiam suis gaudere libertatibus maxime de electionibus in quibus praecipue ecclesiastica constat libertas Nullibi enim cum in Ecclesiis Cathedralibus vel Conventualibus potest aliquis promoveri nisi per Regem intrusus c. Quod si hunc et alios mores SECUNDUM MAGNAE CHARTAE DE LIBERTATIBUS CONFECTAE TENOREM emendaret ipsi usque ad gravamen magnum petitionibus suis inclinarent Quibus Rex Verum est et inde doleo poenitet me graviter hoc secisse Instanter igitur procurandum ut et talia peracta corrigantur et amplius similia non perpetrentur Et vos in hoc mihi sitis coadjutores ne sic promoticum subditis condemnentur c. Tandem protracto tempore diuturno et multis revolutis disceptationibus post quindecim et amplius dierum continuationem in hoc residit omnium unanimus consensus ut voluntas Regis peregrinaturi et ideo pia non penitus suo desiderio fraudaretur nec Ecclesiae vel Regni status enorme pateretur dettimentum Concessa est igitur Regi decima pars proventuum ab Ecclesia recipiendo cum iter Hierosolymitanum per visum Magnatum arriperet in viaticum distribuenda per triennium in succursum Terrae sanctae contra Dei inimicos a militibus scutagium illo anno scilicet ad scutum tres Marcae et Rex bona fide sine aliqua cavillatione promisit se CHARTAM MAGNAM ET OMNES EJUS ARTICULOS FIDELITER OBSERVARE Quam tamen a multis retroactis annis Pater ejus Rex Johannes TENERE JURAVIT limiliter qui praeâ—ens est in susceptione Coronae et postea multoties unde infinitam emunxit pecuniam Tertio igitur die Mali in majori aula Regia Westm. sub praesentia assensu Domini Henrici Dei gratia Regis Angliae illustris Dominorum Râ— Comitis Cornubiae fratris sui Ri. Comitis Norfollkiae
Suffollkiae Mareschalli Angliae H. Comitis Herâ—fordiae Comitis Oxoniae I. Comiris Warwiciae aliorum Optimatum Regni Angliae Nos B. divina misericordia Cant. Archiepiscopus totius Angliae primas F. Londinensis H. Eliensis R. Lincolniensis W. Wigoâ—niensis W. Norwicensis P. Haerefordiensis W. Sarisberiensis W. Dunelmensis R. Exoniensis S. Carleolensis W. Bathoniensis L. Roffensis T. Menevensis Episcopi Pontificalibus indutis candelis accensis in transgressores libertarum Ecclesiasticorum libertatum consuetudinem Regni Angliae praecipue earum quae continentur IN CHARTA LIBERTATUM REGNI ANGLIAE ET CHARTA DE FORESTA excommunicationis sententiam solenniter tulimus sub hac forma Auctoritate Dei Omnipotentis Filii Spiritus Sancti Gloriosae Dei Genetricis semperque Virginis Mariae beatorum Apostolorum Petri Pauli omniumque Apostolorum beati Thomae Archiepiscopi Martyris omniumque Martyrum beati Edwardi Regis Anglâ—ae omniumque Confessorum atque Virginum omniumque Sanctorum Dei excommunicamus anathematizamus a limine sanctae matris Ecclesiae sequestramus omnes illos qui amodo sâ—ienâ—er malitiose Ecclesias privaverint vel spoliaverint suo jure Item omnes illos qui Ecclesiasticas libertates vel antiquas Regni consuetudines probatas praecipue libertates liberas consuetudines QUAE IN CHARTA COMMUNIUM LIBERTATUM ANGLIAE ET DE FORESTA CONTINENTUR Concessis a Domino Rege Angliae Archiepiscopis Episcopis caeteris Angliae Praelatis Comitibus Baronibus Militibus libere tenentibus qualicunque arte vel ingenio temere violaverint diminuerint seu immutaverint clam vel palam facto verbo vel consilio contra illas vel earum aliquam in quocunque articulo temere veniendo Item in illos qui contra illas vel earum aliquam Statuta aliqua ediderint vel edita servaverint consuetudines introduxerint vel servaverint introductas Scriptores Statutorum necnon consiliarios executores qui secundum ea praesumpserint judicare Qui omnes singuli superius memorati hanc sententiam incursuros se noverint ipso facto qui scienter aliquid commiserint de praedictis qui vero ignoranter nisi commoniti infra quindenam a tempore commonitionis se correxerint arbitrio Ordinariorum plenius fatisfecerirt de commissis ex tunc sint hac sententia involuti Eadem etiam sententia innodamus omnes illos qui pacem Regis Regni praesumpserint perturbare In cujus memoriam sempiternam Nos sigilla nostra praesentibus duximus apponenda How many in this age are involved in this communication and execration for the wilfull violation of this great Charter of our Liberties and making Ordinances Declarations Remonstrances Votes Committees and extrajudicial judicatories and giving Judgements and Sententes against it almost in every Article is worthy consideration When this excommunication was thus pronounced Prolataque fuit in medium CHARTA patris sui Johannis in qua iterum concessit idem mera voluntate recitari fecit libertates supradictas Dum autem Rex memoratam sententiam audisset tenuit manum suum ad pectus suum sereno vultu voluntario et alacri Et cum in fine projecissent candelas extinctas et fumigantes diceretur a singulis sic extinguantur foeteant hujus sententiae incursores in inferno campanae pulsarent dixit ipse Rex sic me Deus adjuvet haec omnia observabo fideliter sicut sum homo sicut sum Christianus sicut sum miles sicut sum Rex coronatus et inunctus Et sciendum quod in principio sententiae ferendae cum traderentuâ— omnibus Candelae accensae tradita fuit Regi una cum accepisset eam noluit eam tenere sed tradidit cuidam Praelatorum dicens Non decet me candelam talem tenere non enim sum sacerdos Cor autem majus perhibet testimonium Et extunc tenuit Manum expansam ad pectus donec totam sententiam finiretur Episcopus autem Lincolniensis Robertus praeconizans in corde suo timens ne Rex a pactis resiliret fecit illico cum redieret in Episcopatum suum excommunicari solenniter in qualibet Ecclesia Parochiali per Diocoesim suam quae prae numerositate sua vix possunt aestimari praecipue Sacerdotes omnes supra dictarum Chartarum infractores quae sententia potuit aures audientium tinnire et corda non mediocriter formidare In pursuance of this Excommunication the King issued out Writs and Proclamations to all Counties that all should be excommnicated qui veniant contra CHARTAS de libertatibus c. reciting this excommunication and other Writs and Proclamations issued DE MAGNA CHARTA TENENDA AD INSTANTIAM PRAELATORUM ET MAGNATUM REGNI NOSTRI salvis Nobis et haeredibus nostris juribus et Dignitatibus Coronae nostrae c. recorded in Claus 37. H. 3. m 9. 13 Dorso Pat. 37. H. 3. m. 13. But O the Atheistical Hipocrisie perfidiousnesse and falsenesse of mens hearts and protestations Soluto autem sic Concilio Rex confestim pessimo usus confilio omnia praedicta cogitabat infirmare as some have done and yet doe Dictum namque est illi quod non foret Rex vel saltem Dominus in Anglia si supradictas tenerentur et expertus est Rex Johannis pater ejus qui mori praeelegit quam sic pessundari calcibus subditorum c. Anno 1254. the 38 of King Henry the 3. Congregati sunt iterum Regni Magnates Londini Quibus significavit Rex quod pecunia indigebat viribus amplioribus ad repellendam violentiam magni hostis supervenientis Quod mandatum fuit fignatum Regio sigillo Responderunt auâ—em omnes singuli Quod jam per tres septimanas Londini inaniter expectantes adventum Comitis Richardi aliquorum Magnatum moram protrahentium toties Regiis exactionibus vexebantur quod vix poterant respirare Non tamen venire omitterent ad succursum Domini sui Regis corporaliter si de hostili adventu Regis Hispaniae hoc comminantis plenius certiâ—icarentur mirabanturque ut dicebant quod idem Rex Castillae nunquam tempore quo Comes Legrecestriae Simon Gasconiae praefuit et rebâ—lles multos edomuit Gasconiam vendicavit Hoc igitur argumento et multis aliis sed et per Comitem S. qui tunc de partibus rediit transmarinis qui veritatem super hoc nunciavit Magnates edocti Regis muscipulas praecaverunt qui ex bonis Angliae pâ—riclitantes alienigenas saginavit Et sic cum summa indignatione tristes admodâ—m Proceres recesserunt Yet to please the Nobles I find in Claus 38. H. 8. m. 8 a Writ ne quidem amercientur CONTRA TENOREM MAGNAE CHARTAE de libertatibus Angliae sed secundum modum delicti Anno 1255. the 39 of Henry the 3. In quindena Paschae convenerunt Londini OMNES NOBILES ANGLIAE
tam viri Ecclesiastici quam seculares ita quod nunquam tam populosa multitudo ibi antea visa fuerat congregata Ubi Dominus Rex se multis debitis conquestus est fuisse implicatum nec se posse sine MAGNATUM SUORUM efficaci juvamine liberari unde instanter urgenter valde postulavit auxilium sibi fieri pecuniare Scilicet ut de Baroniis quas prius in auxilio decimae sibi concessae plenam reciperet portionem ut ad plenitudinem gratiaram persolvendarum teneretur Quod esset manifestum Regni exterminium Regnum enim omne pecunia destitutum volentibus illud occupari quasi ulero foret expositum et oblatum Inito igitur consilio quia illud nullo modo fuisset tollerabile inter eos concessum est QUOD MULTUM SESE GRAVARENT PRO MAGNAE CHARTAE SINE OMNI CAVILLATIONE OBSERVATIONE EX TVNC ET DEINCEPS quam toties tenere promisit juravit sub summa distrâ—ctione se in anima obligavi Exigebat insuper ut de communi consilio regni nostri sibi sustitiarium Cancellarium Thesaurarium eligerent sicut ab antiquo consuetum et justum Qui etiam non amoverentur nisi clarescentibus culpis et de communi Regni convocati consilio et deliberatione Tot enim erant in Anglia Reguli ut viderentur in Anglia antiqua tempora renovari Erat videre dolorem in populo quia nesciebant Praelati vel Magnates quo modo suum Prothea scilicet Regem tenerent etiamsi omnia haec concederent quia in omnibus metas transgreditur veritatis et ubi nulla veritas nulla praevalet certitudo fixa stabiliri Dâ—ctumque est illis a secretissimis Regiis cubiculariis quod nullo modo illa quae desiderabant scilicet de Justiciario Cancellario vel Thesaurario concederet Praelati insuper pro dècima quam conditionaliter promiserant absolute et serviliter ancillante Ecclesia jam solvere eam cogebantur doloribus cruentabantur Nobiles pro imminenti exactione in oneribus sauciabantur Tandem in hoc convenerunt communiter ut Regi renunciaretur ex parte universitatis quod negotium dilationem caperet usque ad festum Sancti Michaelis ut et ipsi interim fidelitatem ejus benignitatem experirentur si forte sic se versus eos et eorum patientiam fidelitatem ejus et benignitatem experirentur si forte sic se versus eos et eorum patientiam IN CHARTAE OBSERVATIONE TOTIES PROMISSAE TOTIES REDEMPTAE corda eorum ad ipsa converteret et merito reclinaret Quod cum Rex dicitur non acceptasse sed tacendo non concessisse Et cum summa desolatione et desperatione post multas inutiles et diuturnas deceptationes sic soluto consilio Nobiles Angliae facti jam ignobiles ad propria remearunt Not long after the King to ingratiate himself with the people commanded the Great Charter to be observed Acclamatum est in Comitatibus et annunciatum est in Synodis in Ecclesiis et ubicunque locorum homines convenerant ut Magna Charta inviolabiliter teneretur quam Rex Johannes concessit et isto Rex praesens multo ies concessit et lata est sententia solenniter in omnes ejusdem violâ—tores quam tamen Rex minime adhuc observans bona Ecclesiae Eboracensis inhumane destruxit Dicebatque crebâ—ò Quare non observant Episcopi Magnates Regni erga subjectos suos Chartam illam pro qua tanâ—um clamitant et objurgant a good interrogation to our late and present swaying Grandees Cui rationabiliter responsum est Dominus Rex decet vos primitus secundum jusjurandum tuum inchoare et alii prosecto sequerentur secundum illud Poeticum Mobile versatur semper cum Principe vulgus Anno vero sub eodem ad festum Sancti Edwardi fuerunt apud Westmonasterium OMNES fere ANGLIAE MAGNATES inter quas Rex prius alloquebatur fratrem suum Comitem Cornubiae Richardum petens ab eo instantissime auxilium pecuniare Cui Comiti Dominus Papa similiter literas deprecatorias direxerat supplicans in quadraginta millibus salvo fratri suo mutuo subveniret ut quasi dans ea eidem pium daret aliis exemplum subveniendi Comes autem nec preces Regis nec Papae voluit exaudire et eo maxime quod negotium eundi in Apuliam assumpsit sine consilio suo et assensu Baronagii sui sibilis transalpinensium fascinatus Ab aliis autem interpellatum fuit de subventione facienda et responsum fuit quod omnes tunc temporis non fuerunt JUXTA TENOREM MAGNAE CHARTAE SUAE vocati er ideo sine paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel auxilium concedere vel praestare Rex itaque ad consuetas conversus cavillationes ut Magnates flecteret ad consensum per multos dies negotium Parliamenti distulit inchoati ita usque in mensem fictis occasionibus negotium protelaret Et tunc ad alium locum conciliaturos evacuatis in civitate Londonensi crumenis potius provocavit quam convocavit Comes vero Richardus vir cautus et circumspectus Episcopum Herefordensem Robertum Walerannum socium suum acriter et merito redarguit eo quod tam enormiter in regni subversionem Regem infatuarent Et sic infecto negotio singuli provocati ad propria remearunt In the 40 year of King Henry the 3. 1256. the great Charter to satisfie the Prelates and Nobles was again confirmed by the King and a solemn Excommunication denounced against the infringers therof Provisum est salubriter UT MAGNAE CHARTAE REGIS JOHANNIS quas sponte promisit BARONAGIO ANGLIAE et iste Rex praesens iterum nunc iterum de novo in magna aula Westmonasteriensi SPONTE ET LIBERALITER CONCESSIT SUB PAENA HORRIBILIS ANATHEMATIS CONSERVENTUR et propter Regis tyrannidem quam non desinit exercere in Ecclesiis vacantibus quam memoratus Rex Johannes concessit Regno conspectibus Papae praesentaretur there recited at large and ratified by the Pope Yet notwithstanding the Prelates animated by the Barons refused to contribute any aid to the King out of their Baronies notwithstanding Rustan the Popes Legat endeavoured to induce and force them to do it both by wiles and menaces Anno 1258. the 42. of Henry the 3d. his reign he summoning a Parliament and demanding a pecuniary ayd of the Nobles cùm constanter et precise respondissent UNO ORE MAGNATES REGNI IN PARLIAMENTO REGI cum urgenter auxilium ab eis postulasset pecuniare QUOD NEC VOLUERUNT NEC POTUERUNT Marke it AMPLIUS SUSTINERE TALES EXTORSIONES Rex iratus ad alia se convertit astutiae argumenta ut ab Ecclesia pecuniam abraderet infinitam there recorded at large Duravit adhuc praelibati Parliamenti altercatio inter Regem regni Magnates usque diem Dominicam
proximam post Ascentionem multiplicabantur contra Regem variae diatim querimoniae eo quod promissa sua non observabat contemnens claves Ecclesiae ET CHARTAE SUAE MAGNAE TOTIES REDEMPTAE TENOREM Fratres quoque suos uterinos intollerabiliter contra jus regni et legem ut naturales terrae erexit nec sinebat aliquod brâ—ve exire de Cancellaria contra eos c. REDARGUâ—US EST INSUPER REX quod omnes alienos promovet et locupletat et suos in subversionem totius Regni despicet et depraedatur Et ipse tam egenus est cum alii abundent quod thesauri expers jura Regni nequit revocare imo nec Wallensium quae sunt hominum quisquiliae injurias propulsare et ut brevibus concludatur Excessus Regis tractatus exigit speciales Rex autem ad se reversus cum veritatem redargutionis intellexisset licet sero humiliavit se asserens iniquo consilio saepius suisse fascinatum promisitque sub magni juramenti obtestatione super altare et feretrum S. Edwardi quod pristinos errores planè et plenè corrigens suis naturalibus benigne obsecundaret Sed crebras transgressiones praecedentes se penitus incredibilem reddiderunt quia nesciebant adhuc Magnates quomodo suum Prothea tenere voluissent quia arduum erat negoâ—ium et difficile dilatum est Parliamentum usque ad festum Sancti Barnabae apud Oxoniam diligenter celebrandum Interim Optimates Angliae utpote Gloverniae Legrecestriae et Herefordiae comites Comes Marescallus et alii praeclari viri sibi praecaventes providentes confaederati sunt quia pedicas et laqueos alienorum vehementer formidabant et Regis retiacula suspecta nimis habuerant veniebant cum equitibus et armatis et comitatu copioso communitâ— Parlamento autem Oxoniae incipiente solidabatur Magnatum et consilium immutabile exigendo constantissime UT DOMINUS REX CHARTAM LIBERTATUM ANGLIAE quam Johannis Râ—x pater suus Anglis confecit confectam concessit quamque idem Johannes renere juravit FIRMITER TENE AT ET CONSERVET quamque idem Rex Henricus multoties concesserat et tenere juraverat ejusque infractores ab omnibus Angliae Episcopis in praesentia sua et totius Baronagii horribiliter â—ecit excommunicare ipse unus fuerat excommunicantium Exigebant insuper sibi fieri Justiciarium qui justitiam faceret injuriam patientibus aequanimiter divitibus et pauperibus Quaedam etiam alia Regnum contingentia petebant ad communem Regis regni utilitatem pacem simul honestatem Quorum consiliis et provisionibus necessariiâ— Dominum Regem frequenter et constantissime consulendo rogitabant obtemperare jurantes fide mediante et mutuo dextras exhibentes quod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita et morte sua et suorum Quod Rex recognoscens graviter juravit consiliis eorum obsecundare et Edwardus filius ejus eodem est juramento astrictus After which they expelled and chased away all the Aliens about the King Et ita terminatur Parliamentum apud Oxoniam fine terminato et certo non opposito Hereupon there issued out sundry Writs and Commissions for reformation of abuses and punishing offences against the Great Charter recorded in Rot. Claus 42 H. 3. m. 1. 3.6 and that PER CONSILIVM MAGNATUM as those Records attest Rot. Pat. An. 43 H. 3. m. 10. n. 41. n. 15. there is a large Letters Patents of the King recorded in French declaring the good Government that should be for the future the due observation of Magna Charta the Kings faithful promise inviolably to keep the same according to his Oath and promises and that every man injured might freely sue and complain against or arrest the King or any other And Rot. Pat. An. 44 H. 3 m. 4. Schedula m. 5.9 There are Writs and Letters of the King to the Sherifs of every County to the same or like effect All by the advice or procurement of the Nobles Anno 1263. the 47. of King Henryes reign the King and Nobles to procure peace and reconciliation between them submitted themselves to the arbitrement of Lewes King of France touching the Provisions made at Oxford about which they had great contests and differences who solemnly pronounced Sentence for the King against the Barons of England Statuâ—is Oxoniae Provisionibus Ordinationibus et obligationibus penitus annullatis Hoc excepto quod Antiquae Chartae Regis Iohannis Angliae universitati concessae per illam Sententiam in nullo intendebat penitus derogare Quae quidem exceptio Comitem Leicestriae et caeteris qui habeant sensus exercitatos compulit in proposito tenere firmiter Statuta Oxoniae quae fundata fuerant super illam Chartam Where upon they taking up arms wasting and pillaging the Kings Manors Lands and adherents the King in the 48. year of his reign mediantibus viris honoratis paci Baronum acquievit ad tempus ut Provisiones Oxoniae inviolabiliter observarentur which Provisions the King confirmed by his Patents recorded at large in the Tower Rot. Pat. An. 47 H. 3 pars 1. m. 7. n. 25. and pars 2. nu 2. Rot. Pat. 48 H. 3. pars 2. m. 3. Rot. Pat. 46 H. 3. m. 18. Pat. 49 H. 3. m. 10.15 18. Claus 49 H. 3. m. 4.5 Claus 50 H. 3. m. 1. dorso There are several Patents Commissions Proclamations procured by the Lords from the King for the reading proclaming and inviolable keeping of the Great Charter and Franchises of the Realm and reformation of Grievances contrary thereunto overtedious to transcribe and the Agreements between rhe King and Barons touching the same King Edward the 1. in the 25. year of his reign by his own regal Authority without grant in Parliament raised the Custom of Woolls to 40 s. upon every sack which he levied whereas before they payed onely half a mark a sack And likewise summoned some Nobles and all those who held of him by Knights service with all others who had lands to the value of 20 l. or upwards a year to be ready with rheir horses and arms at London on the feast of S Peters ad Vincula to pass over with him into Flanders to serve there in the Wars at the Kings wages Hereupon the Earles Marshal and of Hereford with other Nobles refused to goe inâ—o Flanders and drew up this Notable Petition or rather Remonstrance to the King against this unjust Imposition forein service and other Grievances against the Great Charter and their Liberties which they sent to Winchelsey by Messengers ex parte Comitum sui regni as Walsingham relates Haec sunt nocumenta quae Archiepiscopi Episcopi Abbates et Priores Comites et Barones et tota terrae Communitas monstrant Domino nostro Regi et humiliter rogant eum ut ad honorem suum
Liberties from vassalage to the Norman yoke assembling all the Commons of Kent to Canterbury informed them That they were born freemen that the name of bondage was never heard amongst them that nothing but servitude attended them if they unworthily submitted to the insolency of the invading Enemy as others had done And thereupon exhorted them manfully to fight for the Laws and Liberties of their County chusing rather to end an unhappy life by fighting valiantly for them in the field than to undergoe an unaccustomed yoke of bonduge or to be reduced from their known Liberties to an unknown and unsure slavery After which the Archbishop and Abbot chusing rather to dye in battel than to behold the misery and slavery of their Native Country became the Captains of the Kentish Army which they raised and by a Stratagem invironing Duke William and his whole Army at Swanscomb they procured this Grant and Concession from him That all the people of Kent should for ever enjoy their antient Liberties without diminution and use the Laws and antient Customs of their Country they being resolved as Stigand told the Duke rather to part with their lives than them Liberty being the proper badge of Kentishmen After which Duke William marching to London to be Crowned King Cumque â—eracta victoria Tyranni nomen exhorrescens et legitimi Principis personam induere Gestiens à Stigando tunc temporis Canâ—uariensi Episcopo consecrari deposceret Ille out of an heroick gallant English Christian spirit Viro ut aiâ—bâ—t Cruento et alienâ— juris Invasori manus imponere nullatenus adquievit Whereupon he was crowned by Aldred Archbishop of York King William for this his stoutness and opposition in defence of his Countries Laws and Liberties under a pretence of honor first carried him with him into Normandy as a Prisoner at large afterwards upon feigned pretences caused him to be deprived of his Archbishoprick and then shut him up Prisoner in the Castle of Winchester where he soon after died of grief or famine having scarce enough allowed him to keep soul and life together Such a curb and terror was he to him whiles he lived in place and power that he could not carry on his designs against the English to captivate or enslave them till he was removed out of the way of this Conqueror who came to the Crown by the effusion of so much Christian bloud that Gulielmus Neubrigensis gives this censure of it and let all other invaders of the Crown by bloud observe it Sane quod idem Christianos innoxios hostiliter Christianus impetiit et tanto sibi sanguine Christianum Regnum paravit quantae apud homines gloriae tantae etiam apud Deum noxae fuit Whence Stigand refused to crown him Simon Monâ—eâ—ort Earl of Leicester the greatest Pillar and General of the Barons in the wars against King Henry the 3d for the preservation corroboration of Magna Charta the Liberties and Properties of the People was so terrible to this extravagant oppressive King frequently violating both his Great Charters Laws Oaths That being perswaded to enter into his house in a tempest of thunder and lightning which he very much feared the Earl courteously meeting him and saying Why do you fear tht tempest is now past the King thereunto replyed not jestingly but seriously with a stern countenance I fear thundring and lightning above measure but by the head of God I tremble more at thee than at all the thundring and lightning in the world Being afterwards slain in the Battel of Eusham in defence of his Countries Liberties Rishanger gives this Encomium of him Thus this magnificent Earl Simon ended his dayes who not only bestowed his estate but his person and life also for relief of oppressions of the poor for the asserting of Justice and the Rights of the Realm A sufficient Ground for such Nobles and their Posterity to sit and Vote as Peers in Parliament without the peoples election In the 3 4 14 15 of K. Edw. 2. his reign Tho. Earl of Lancaster and other potent wealthy Barons were the chief Sticklers against Gaverston and the Spencers who seduced the King oppressed the people and were the principal Pillars of our Laws Liberties as our Historians relate at large procuring those ill Counsellors to be banished and removed from the King even by force of Arms. In 10 11 22. of King Rich. 2. the Duke of Gloucester the Earl of Arundel and other potent Lords were the principal opposers of the Kings ill Counsellors Tyranny the chief protectors of the Laws and peoples Liberties to the loss of some of their lives heads estates as our Statutes the Rolls of Parliament in those years and Historians witness whence Walsingham writing of the Duke of Glocester's death murthered by the Kings command at Calice who was the principal Anti-royalist and head of all the Barons useth this expression Thus died this best of men the Son and Uncle of a King in quo posita fuere spes solatium TOTIVS REGNI COMMUNITATIS in whom the hope and solace of the Commonalty of the whole kingdom were placed who resented his death so highly that in the Parl. of 1 H. 4. Hall who had a hand in his murder was condemned and executed for a Traytor his Head Quarters hung up in several places and K. Richard among other Articles deposed for causing him to be murthered Since then our Peers and Nobles as the premised Examples abundantly evidence have been alwaies persons of greatest valour power estate interest most able forwards to oppose the Tyranny Exactions of our Kings and to preserve the Great Charters of our Liberties first gained since preserved and transmitted to us by their valour bloud counsel cate with our other Laws which they have upon all occasions manfully defended with the hazard loss of their lives Liberties Estates and upon this ground were thought meet by the wisdom of our Ancestors to merit and enjoy this privilege of sitting voting judging in Parliament by vertue of their Peerage and Baronies And since we must all acknowledge that the Lords assembled in a Great Council by the King at York as the Commons themselves acknowledge and remonstrate Exact Collection p. 13. were the chief instruments of calling this present Parliament and were therefore in the Act for Triennial Parliaments principally intrusted to summon and hold all future Parliaments in the Kings Lord Chancellors or Lord Keepers defaults Being also very active in suppressing the Star-chamber High Commission Councel-Table Prelats and other grievances and those who fitst appeared in the Wars against the King and his party in defence of our Laws Liberties Religion Parliaments Privileges to the great encouragement of others witnesse the deceased Lord General Essex Brooke Bedford Stamford Willougbie Lincoln Denbigh Manchester Roberts and others it would be the extremity of folly ingratitude and injustice to deny our Peers this hereditary Right Privilege Honour now w ch
coming to the Londoners and Barons knowledge they exceedingly slighted his excommunications reviâ—ed contemned the Popes authority in the highest degree as Matthew Paris though a Monk thus relates Excommunicationis et interdicti sententias civitas Londinensis per contumaciam multiplicem adeo contemnendo despexit quod nec eas Barones observare nec Praelati publicare DECREVERUNT Dicebant enim generaliter omnes literas falsa suggestione fuisse impetratas ideo nullius esse momenti hoc maxime quod non pertinet ad Papam ordinatio rerum Laicorum cum Petro Apostolo ejus successorihus non nisi ecclesiasticarum dispositio rerum à Domino sic collatae potestas Ut quid ad nos extendit Romanorum â—nsatiata cupiditas Quid Episcopis Apostolicis et militiae nostrae Ecce Successores Constantini 〈◊〉 Peâ—ri 〈◊〉 imitantur Petrum in meritis vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribalaâ— qui de armis vel libertate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarii et Simoniales O quantum dissimiles Petro qui sibi Peâ—ri usurpant partes Sic igitur blasphemantes recalcitrantes ponentes os in coelum ad interdicti sive Excommunicationis sententiam nullum penitus habentes respectum per totam civitatem celebrarunt divina signa pulsantes vocibus altisonis modulantes Hereupon the Pope reviving his Excommunication against them the Barons still slighted it as before deposing King John from the Crown and electing Lewes of France for their King and thus reviâ—ing the Pope for siding with King John Et quid de te Papa qui pater sanctitatis speculum pietatis tutor justitiae custos veritatis toti mundo deberes lucere in exemplum tali consentis talem laudas tueris Sed hac causa exhaustorem pecuniae Anglicanae exactatorem Nobilitatis Britannicae tibi inclinantem defendis ut in barathrum Romanae avaritiae omnia demergantur sed haec causa et excusatio est ante Deum culpa et accusatio Et sic Barones lachrymantes lamentantes Regem Papam maledixerunt Anno 1229. the 23. of King Henry the 3. Fecit convenire apud West monasterium Dominica qua cantatur Misericordia Domini Archiepiscopos Episcopos Abbates Priores Templarios Hospitilarios Comites Barones Ecclesiarum Rectores qui de se tenibant in capite but no elected Knights Citizens or Burgesses that we read of ad locum praefixum et diem that they might hear the businesses Stephen the Popes Chaplain and Legat had to propound unto them from the Pope de rerum exigentiis communiter tractarent ibidem Omnibus igitur congregatis tam Laicis quam Clericis eorum subjectis Magister Stephanus coram omnibus recitavit Literas Domini Papae in quibus exigebat Decimas omnium rerum mobilium de tota Anglia Hibernia et Wallia ab universis Laicis Clericis ad guerram suam sustinendam quae contra Romanum Imperatorem susceperat Fredericum ipse solus pro Universali Ecclesia c. The Legat herupon pressing them earnestly to grant this strange Tenth to the Pope the King from whom all the rest expected to have protection and defence against it becoming formerly bound by his Proctors to pay this Tenth seemed to give consent thereto by his silence Comites vero et Barones ac Laici omnes plane decimas se daturos contradixerunt nolentes Baronias suas vel Laicas Possessiones Romanae Ecclesiae obligare Episcopi quoque Abbates Priores et alii Ecclesiarum praelati post trium vel quatuor dierum deliberationâ—m et murmurationem non modicam tandem consenserunt metuentes excommunicationis sententiam vel interdicti sibi inferri si mandatis Apostolicis obviarent The Earls Barons and Laity scaping scot-free from this Papal Exaction by their strenuous opposition when as the King and Clergy basely and unworthily submitted to it out of fear to their intollerable oppression An. 1239. The Pope usurping by his Provisions upon the Barons and Patrons Rights and Advowsons in England Thereupon the Earls Barons and other Great men of England dolentes se privari sua Libertate per cupiditatem Romanae Ecclesiae jure conferendi ecclesias enormiter privari et alienigenas praecepto Papali illis ditari quorum personas et conditiones penitus ignorabant sent this notable Letter to the Pope concerning it by Sir Robert Tuinge Knight Excellentissimo Patri Domino G. Dei gratia summo Pontifici devoti sui de Cestriae de Wincestriae c. salutem reverentiam promptam paratam si placet devotionem Mergente jam navicula nostrae libertatis primogenitorum nostrorum sanguine subacta prorumpentibus in nos plus solito perturbantium procellis dormientem Dominum in navicula Petri cogimur excitare acclamantes jugiter una voce Domine salva nos perimus Ut cum judicium et justitia sint correctio sedis ejus unicuique nostrum jus suum tribuat conservet illaesum Ne si secus fiereâ— corruente charitate devotioneque deseta provocarentur filii contra patris viscera mutâ—ae dilectionis affectus subintroducta injuria penitus evanesceret Cum igitur sanctissime pater a prima Christianitatis fundatione in Anglia tali fuerint hactenus progenitores nostri gavisi libertate quod dedecentibus ecclesiarum rectoribus ecclesiarum patroni personas idoneas eligentes ad easdem Diocesanis praesenta verunt ab eisdem ecclesiarum regimini praeficiendas verum vestris temporibus de conniventia vestra vel voluntate nescimus talis contra nos invaluit adversitas quod dedecentibus ecclesiarum rectoribus quidam executores vestri ad hoc dati ecclesias de patronatu nostro passim conferunt in nostrae praejudicium libertatis in eminens periculum juris patronalis licet super hoc pridem cautione literarum Apostolicarum nobis prospexeritis continentium quod decedentibus ecclesiarum personis Italicis vel Romanis auctoritate provisionis vestrae in Ecclesiis promotis licite possemus personas idoneas praesentare cujus oppositum videmus quotidie demandari de quo plurimum miramur cum non debeat ab uno eodem fonte aqua dulcis amara defluere Sane licet haec contra nos sit communis pestis introducta pro qua contentiones emulationes irae rixae necnon caedes hominum poterunt fortassis exoriri unius tamen comparium nostrorum afflictionem exempli gratia producere decrevimus in medium ut quod contra eum juris sui patronalis periculum hactenus est improvide procuratum auctoritate vestra si placet revocetur in irritum Cum igitur Robertus de Tuinge patronus ecclesiae de Luthun decedente N. Italico ejusdem ecclesiae rectore personam idoneam praesentasset ad eandem obstante mandato vestro distulit ipsum
over-execrable exactions of the Pope and the manifold exactions of his Legates and of certain men exercising an unheard of power were contained wherwith 6 Noble and discreet men elected by the Parliament and universality were sent to the Council of Lyons gravem super his SUPER EXACTIONE TRIBUTI IN QUOD NUNQUAM CONSENSIT REGNI UNIVERSITAS coram Concilio querimoniam reposituri et talium releuamen onerum importabilium Regno Angliae miserecorditer impendi rogaturi The Proxiâ—s of the Parliament and universality of England arriving at the Council of Lyons by William de Poweric their Proctor propounded their grievances complaining That in time of War a Tribute was injuriously extorted by the Court of Rome Quod nunquam Patres Nobilium Regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unae sibi petunt exhiberi justit am cum remedio Ad quod Papa there present nec oculos elevans nec vocem verbum non respondit Thomas of Walsingham adds That the Messengers sent to the Council by the king de Consilio Praelatorum Comitum Baronum were purposely sent ut concessioni Regis Johannis de censu annuo pro Anglia Hibernia contradicerent eo quod de Regni assensu non processerat Sed et per Archiepiscopum Câ—ntuariensem fuerat reclamatum vice totius Regni Sed Papa hoc indigere morosa deliberatione respondens negotium posuit in suspenso This detestable Charter of King John being burnt amongst his writings in this Council as was reported in the Popes own Chamber there casually set on fire After w ch Poweric delivered to the Council the foresaid to the Pope concerning the manifold extortions innovations oppressions of the Church of Rome exercised in England there recorded at large and worthy perusal The close of which Epistle of all the Barons is this That although the King being a Catholike Prince c. would continue in the obedience of the See and Church of Rome and seek the increase of her honour and profit jure tamen Regio dignitateque Regia plenius conservatis Nos tamen qui in negotiis suis porâ—amus pondus dierum et aestum et quibus una cum ipso Domino Rege intendere conservationi Regni diligenter incumbi dictas oppressiones Deo et hominibus detestabiles gravamina nobis in oleribiliâ— non possumus aequanimiter tolerare nec per Dei gratiam amplius tolerabimus Placeat igitur Paternitati vestrae hanc â—upoâ—icationem nostram taliter exaudire quod a Magnatibus et universitate Regni Angliae tanquam a filiis in Christo chatissimis speciaâ—es gratias debeatis merito reportare The Pope refusing to give any answer or redress thereunto at last through their importunity be granted divers privileges to the Churches Prelates and Nation of England tenâ—ing towards a reformation of their grievances but yet contrary thereunto increased their grievances instead of redressing them whereupon Anno Dom. 1246. the 30 of Henry the 3. by the Nobles sollicitation Medio quadragessimae edicto Regio convocato convenit ad Parliamentum generalissimum totius Regni Anglicani totalis Nobilitas Londini videlicet Praelatorum tam Abbatuum et Priorum quam Episcoporum Comitum quoque Baronum without any Knights Citizens or Burgesses chosen by the people to represent them in it ut de statu Regni jam vaci lantis efficaciter prout exigit urgens necessitas contractarent Angebat enim eos gravamen intollerale a Curla Romana incessanter illatum quod non poterant sine Nota desidiae et imminenâ—e ruina tolerare quod Papa promissionis suae transgressor gravius quam ante eorum querimoniam manum diatim exasperans aggravabat et hoc quasi per contemptum c. These Grievances they drew up into 7. Articles which were read in and approved by the Parliament this being the tenor of them Gravatur regnum Angliae ex eo quod Dominus Papa non est contentus subsidio illo quod vocatur Denarius beati Petri sed à toto Clero Angliae gravem extorquet contributionem adhuc multa graviora nititur extorquere hoc facit sine domini Regis assensu vel consensu contra antiquas Consuetudines Libertates et regni jura et contra appellationem et contradictionem Procuratorum Regis Regni in generali Concilio factam Item gravatur Ecclesia et Regnum eo quod Patroni eccleâ—iarum ad eas cum vacaverint clericos idoneos praesentare non â—ossunt prout Dominus Papa eis per literas suas concessit sed â—onferuntur Ecclesiae Romanis qui penitus idioma regni ignorant in periculum animarum et extra Regnum pecuniam asportant illud ultra modum depauperando Item gravatur in Provisionibus à Domino Papa factis in pensionibus exigendis contra literarum suarum tenorem in quibus continetur quod ex omnibus retentionibus factis in Anglia non intendebat conferre nisi 12 beneficia post praedictarum literarum confectionem sed credimus multa plura Beneficia ab eodem postea esse collata et provisiones factas Item gravatur quod Italicus Italico succedit et quod Anglici extra Regnum in causis auctoritate Apostolica trahuntur contra Regni consuetudines contra jura scripta eo quod inter inimicos convenire non debent contra Indulgentias à praedecessoribus domini Papae Regi regno Angliae concessas Item gravatur ex multiplici adventu illius infamis nuncii NON OBSTANTE per quem Juramenti religio consuetudines antiquae Scripturarum vigor concessionum auctoritas statuta jura et privilegia debilitantur et evanescuut quod infiniti de regno Angliae oppressi sunt graviter afflicti nec se Dominus Papa versus Regnum Angliae in plenitudine suae potestatis revocanda curialiter ita vel moderate gerit prout Procuratoribus Regni ore tenus dederat in promissis Item gravatur in tallagiis generalibus collectis et assisis sine Regis assensu et voluntate factis contra appellationem et contradictionem Procuratorum Regis Universitatis Angliae Item gravatur eo quod in beneficiis Italicorum nec jura nec pauperum sustentatio nec hospitalitas nec divini verbi praedicatio nec ecclesiarum utilis ornatus nec animarum cura nec in ecclesiis divina sunt obsequia prout decet et moris est patriae sed in aedificiis suis parietes cum tectis corruunt et penitus lacerantur Upon the reading of these Articles all and every one agreed to send both solemn Letters and Messengers to the Pope and humbly to intreat him to remove these intollerable Grievances and yoaks of bondage all the Abbots and Priors by themselves the Bishops by themselves the King by himself and all the Earls and Barons by themselves in their own names and of the whole Clergy and people of England writing several Letters to the Pope for
Whether they be the genuine offspring of these their Noble Ancestors or natural Freeborn English Peers or Freemen and not rather the degenerate off-spring of Russian Vassals or Turkish Gally-slaves who never knew what English Freedom was as if now born only to the greatest servitude and Bondage that ever mortals voluntarily submitted unto through pusillanimous fear or baseness For alas where is the Nobleman Knight Citizen Burgess Lawyer Gentleman or English Freemen to be found who now dares manfully to claim plead avow defend or contend for the undoubted rights and privileges of his own Peerage or our Parliaments the famous Grand Charters of his own and the Nations Liberty and Freedom either in or out of Parliament after so many old late military and Parliamentary Contests Acts Oathes Excommunications Remonstrances Declarations Protestations Vows Leagues Covenants for their inviolable maintenance and defence in every Article especially those which concern Peerage Liberty Property Freehold Life the Members privileges of our Parliaments and that not only against their Soveraign and Superiors with whom they formerly contested but even against those late or present domineering Army-Officers and Vpstaris who but a few years since were not only their fellow Subjects but their Inferiors in all respects yea their Mercinary Servants Hirelings and Mechanicks of the lowest rank or against the meanest Publicans Officers or Excise-men Governors of our new-moulded Common-wealth who have trampled our Great Charters Laws Liberties properties and Parliaments themselves under feet and not only scorn deride but disgust the very Name and Mention of Magna Charta as offensive to their lawless tyranny and repute the urging of it to controll their arbitrary proceedings encroachments Taxes Excises little less than a capital offence For proof whereof I shall instance in One particulat In August 1650. during my close Imprisonment in Dunster Castle by Mr. Bradshaw and his Whitehall Associates lawless warrant there came an Order from them and the Committee of the Militia of Somersetshire with near 200 pioneers of the County to slight and demolish that Castle to the Ground without giving Mr. George Luttrel then owner thereof the least notice Who thereupon was advised by his Councel to send a Petition to Whitehall to stay the execution The Petition then drawn by his Council being long and imperrinent I did at his Wives request draw up another short one for him to this effect That Dunster Castle was the antient inheritance and chief Seat of his Ancestors and himself of which many Manors were held by Knight Service and Castle-Gard That his Father fortified and held it for the Parliament at his own charge for which he was kept and died a Prisoner under the King That his Vncle who was slain near the Castle and himself were both Colonels for the Parliament serving them gratis without any pay for which the Kings party had sequestred his estate felled his woods seised his rents to the value of ten thousand pounds at least that the Castle was regained from the Kings party principally by his means being his only Mansion house which if now suddenly pulled down he and his family must lye in the Streets and he sustain at least thirty thousand pounds new damage by it instead of a recompence for his former losses and publike unmercenary services which would expose both himself and thē to the obloquy of their malignant Enemies He thereupon humbly prayed that according to Magna Charta he might not be disinherited or disseised of this his Freehold without any hearing or Legal trial by this their Order but that they would suspend or revoke it This petition being sent to London was delivered to a Great Lawyer one of Mr. Bradshaws Associats and a then sitting Member to present who commanded the very name and mention of Magna Charta only to be struck out and the rest of the petition to be new written because the very name of it would give offence or distaste to the COVNCEL at Whitehall as he affirmed Which I then found true by experience my insisting on it in my Letters to them to demand my Liberty being so offensive that they would neither answer nor read my Letters but with indignation How others in late and present power have vilified and contemned the Great Charter the petition of Righr and all other Laws in confirmation of it by dissolving the House of Peers making and unmaking new forms of Parliaments at their pleasures condemning beheading Peers and others in new misnamed High Courts of Justice without trials by their Peers imprisoning close imprisoning confining banishing sequestring disinheriting disofficing Nobles Parliament-men and all sorts of Freemen at their pleasures without any lawful cause hearing or legal trial by breaking up and ransacking their houses by armed Soldiers day and night seising their horses arms Letters papers denying to grant them when imprisoned Habeas Corporaes or to return them when granted or bayl them when returned by imposing intollerable uncessant Taxes Excises Imposts payments penalties sequestrations forfeitures Treasons exiles restraints Engagements Disabilities on the people by commanding all Courts of Justice in their new Commonwealth and all Judges and Justices of the same Sherifs Committee-men Attornies Sollicitors and all other persons without any Opposition or dispute whatsoever to conform themselves to their most tyrannical Ordinances touching Taxes Imposts Excises though so much decried condemned by two Parliaments and themselves authorizing their Excisemen and Agents to levy their illegal new kind of Impositions by ex officio Oaths Distresses Fines Forfeitures sequestrations seisures both of their real and personal Estates breaking up of their houses which must stand open to their searches day and night without opposition by imprisonment of their persons by indemnifying all Officers who shall thus illegally abuse them giving them good costs and damages if sued staying all their actions at Law for their just relief and imprisoning all such Lawyers as grand delinquents who shall dare to move for their Liberties or plead their causes which not one dares doe since Mr. Conyes late case And how our New-modelled Parliaments as some stile them instead of complaining against and regulating these tyrannical oppressions Exorbitances Taxes Ordinances Excises and reprehending the Authors of them to their faces have countenanced them by their stupid silence confirmed them by new Edicts yea made it their principal business to burthen our 3. whole Nations with perpetual endless illegal New Taxes Excises Imposts Customs Payments unheard of by our ancestors in any former ages amounting to more thousands millions in one year than King Henry the 3. whom the Barons so much opposed and complained against for Exactions levied upon his Subjects by way of Tax or Ayds in all his 51 years reign yea to null the Great Charter it self with all our fundamental Laws Liberties and the Privileges Essence of Parliaments themselves by secluding disabling what members they please from sitting by depriving the people of their Votes freedom
elect such other persons to represent assent and vote for them in Parliament in whom they most confided Sixthly our Peers in Parliament though they there serve for the good of the whole Kingdom which hath always trusted to them in matters of Counsel Judicature and making Laws yet they represent no persons but themselves only or their families Tenants Friends and Allies which depend upon them and bear their own expences which are so great and chargeable that the Abbot of St. James without Northampton in the Parliament of 12 E. 2. and the Abbot of Leicester in the the 26 of E. 3. being summoned to Parliament petitioned and procured themselves and their successors to be exemped from any future summons to and attendance in the Lords House as Barons of the Realm both because they held no lands of the King by Barony but only in frank almoign and their Predecessors had not formerly or usually been summoned to Parliaments sed vicibus interpolatis only And likewise because it would tend to the great grievance and loss of them and their houses and much impoverish them by reason of the great expence it would bring upon them One Peer and his retinue expending more every Parliament than the wages of 40 or 50 Knights and Burgesses amount to Wherefore there is no shadow of reason why the people should elect them since they doe not represent them nor pay them wages as they doe to their Knights Citizens Burgesses who serve for and represent them Wherefore their Levelling Oppugners may as well argue That our Nobles ought to be elected by the people to their Honors Lands Estates which descend unto them from their Ancestors not from the common people as that they ought to sir in Parliament by the peoples election only to represent themselves in their own right not the people And that the Knights of the Shire ought to be elected to their dignity of Knighthood which the King only confers on them or to their Lands and Freeholds which they enjoy in their own right because they are elected by the Free-holders to sit in Parliament in their right who elected them nor their own alone which Barons doe not 7ly On these grounds the suppressing debasing captivity or slaughter of the Princes Lords and Nobles of a kingdom or Nation is by God himself defined to be an immediate forerunner concomitant cause of the Kingdoms Nations ruine and slavery and a matter of great lamentation Ezech. 19.1.14 c. 17.12 Lam. 1.6 c. 2.2 c. 5.12 Prov. 19.10 c. 30.21.22 Eccl. 10.5 7. Isay 3.4 c. c. 34.11 12 13. c. 40.23 c. 43.28 Jer. 4.9 c. 27.20 c. 29. c. 25.18 19. c. 50.35.41 51 55. c. 52.16 Hos 7.16 Amos 2.15 c. 2.2 3. 2 Kings 24.14 Mich. 3.7 2 Chron. 24.23 Jer. 24.8 9. And the continuing of Kings Princes and Nobles in honour and power in any kingdom and nation are reputed and resolved by God to be the greatest honour happiness defence safety and preservation of that kingdom and people Jer. 17.24 25. c. 22.4 Eccles 10.17 Jer. 30.21 Psal 68.27 28. Prov 8.15 16. Isay 32.1 1. Chron. 23.2 c. c. 28.1 c. c. 29.24 25. Gen. 17.6.16 c. 35.11 2 Sam. 11 12. 1 Chron. 14.2 c. 28.4 5. c. 2 Chron. 2.11 c. 9.8 1 Kings 11.32 36. 2 Chron. 21.6 7. 2 King 8.18 19. 1 Kings 15 45. 2 Chron. 23.3.11.20 21. c. 9.26.27 Numb 24.7 Ezech. 37 22 29. Mich. 2.13 c. 4.8 Therfore they cannot be rejected suppressed by us now without apparent danger ruine and desolation to our kingdom whatever frantick Levellers and others fancy to the contrary who would be more than Kings and Lords themselves over the Nation could they once suppress both King and Lords as they design and endeavour By all which premises it is most apparent That our Lords and Barons sitting voting in Parliament who if you take them poll by poll have in all ages been more able Parliament-men States-men in all respects than the Commons though chosen by the people who alwayes make not choice of the best and wisest men as experience manifests is not only just lawfull in respect of Right and Title but originally instituted upon such grounds of Reason Justice Equity Policy as no rational understanding man can dislike or contradict but must subscribe to as necessary and convenient and so still to be continued supported in this their Right and Honour to moderate the Excesses Encroachments both of King and Commons one upon the other and keep both of them within their just and antient bounds for the kingdoms peace and safety The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermission of Parliaments not only enacts and requires ALL the Lords and Barons of this Realm to meet and sit in every Parliament under a penalty but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seal under severe penalties to send forth Writs of Summons to Parl. TO THEM ALL and in their default enables and enjoyns the Peers of the Realm or any twelve or more of them to issue forth Writs of Summons to Parliament under the Great Seal of England for the electing of Knights Citizens and Burgesses which Act will be meerly void and nugatory if their Votes and Right to sit in Parliament be denyed or the House of Peers reduced to the House of Commons which this very Statute doth distinguish Now whereas our whimsical Lilburnists and Levellers object that the Lords have no right to sit or vote in our Parliaments because they are not elected as Knights and Burgesses by the people under which Notion alone when thus elected they will admit them a place and vote in the Commons house but not otherwise I must inform these Ignoramusses that by the Laws Statutes of our Realm and the custom resolution of our Parliaments the Earls Lords and Barons of the Realm are altogether uncapable of being elected Knights or Burgesses to serve in Parliament and their elections as such meerly void and null in Law to all intents This is most apparent 1. By the very words of the writs of Summons to the Lords whereby they are summoned Nobiscum cum caeteris Praelatis Magnatibus et Proceribus dicti Regni nostri colloquium habere tractare c. vestrumque consilium impensuri c. not to treat conferr and consult with the Knights Citizens and Burgesses 2. By the express words of the Writs for the electing of Knights Citizens and Burgesses which have the same clause and then enjoyn the Sherifs to cause to be elected and returned duos Milites magis idoâ—eos discretos Comitatus praedicti de qualibet Civitate duos Cives de quolibet Burgo duos Burgenses de discretioribus magis sufficientibus c. ad faciendum et consentiendum hiis quae tunc c. Which disables them to elect any Lords or
and otherwise punished for their contempt because bound therto by their voluntary acceptance of such a special Patent and dignity But if they be summoned only by a general Writ against their wills being no Lords of Parl. by special Patent or Writ before this doth neither make the one nor other Barons nor ennâ—ble their heirs males or successors nor oblige them to serne nor subject them to any fine for contempt for then the King by his Writ might summon all the Knights Esquires Gentlemen and any other Commoner Freeman Lawyer Clergy man of the Realm to the Lords House as a Member at his pleasure and fine them for a contempt in not appearing and thereby increase that House in infinitum and make it a mungril House of all sorts of degrees and professions of men instead of aâ— House of Lords to its utter subversion against the fundamental constitution and privilege of that House Therefore such Writs of summons must be void and null in Law as well as the Patent to Abbot Banham as Sir Ed. Cook asserts it for that he was neither Baro nor held per Baroniam Now whereas he asserts That Knights and Esquires who hold not by Barony cannot refuse when summoned by Writ to serve the King in Parliament but yet Abbots and other regular Prelates that hold not by Barony may because they are dead in Law as to secular affairs and therefore not capable to have voice in Parliament unless they hold by Barony and were called by Writ This reason of the difference is most absurd and unreasonable For 1. They are both Subjects to the king alike and so both equally obliged to serve and counsel him in Parliament 2ly If their tenures by Barony could make them capable to have place and voice in Parliament though dead in Law quoad secularia then much more the kings and the kingdoms need of their presence counsel and advice in Parliament touching the weighty affairs concerning himself and the defence and preservation of the Realm and Church of England when specially summoned by his writ to Parliament 3ly Though they were dead in some sence only in respect of their natural capacities to the world yet in their politick capacities they were not so but secular still to sue purchase advise c. as well as Laymen in the right of their Houses 4ly Parliaments being always summoned as well to advise of Ecclesiastical things touching the Church as of temporal things concerning the Realm of England their being dead to the world quoad secularia could no more enable them to refuse to serve in Parliament then Laymen quoad Ecclesiastica negotia therein treated of which concerned the Church and Laymen according to the doctrine in Popish times might as well refuse to serve in Parliament when summoned because they were no Ecclesiastical or religious persons who were properly to consult of the affairs of the Church of England as religious persons be exempted from and refuse to serve therein because dead to the world quoad secularia negotia concerning the King and Realm of England there debated and consulted of 4ly The true and only ground then why such Abbots Priors and all other Clergy men who held not by Barony might refuse to serve in the Lords House of Parliament when summoned by Writ was this that they held not of the King by Barony and upon this ground alone the Abbot of St. James without Northampton summoned to Parliament by Writ Anno 12 Ed. 2. upon his Proctors appearance and Petitions for him in Parliament recorded at large by Mr. Selden out of the Leger-book of the Abby worthy perusal being most full in point was discharged from his attendance his name struck out of the Roll and Register of the Chancery by the Chancellor and his Council as not one of the list of those who ought to be summoned for this very reason because NON TE NET PER BARONIAM nec de Rege in capite sed tantum in puram perpetuam Eleemosynam nec ipse Abbas nec Predecessores sui unquam in Cancellaria irrotulari fuerunt except only in 49 H. 3. m. 10. Schedula voluntarie nec ad Parliamentum citati hucusque VNDE PETIT habuit remedium And upon the self same reason the Abbot of Leicester and his successors were by special Patent in 26 E. 3. de veniendo ad Parliam Consilia nostra et haeredâ—m nostrorum de caetero quieti sint et exempti in perpetuum hough this Abbots predecessors had formerly been summoned to and sate in Parliaments interpolatis vicibus but noâ— continuè because idem Abbas aliquas terras senteâ—ementa de Nobis per Baroniam seis aâ—o modo non tenet per quod ad Parliamenta seu Consilia nostra venire teneatur The King reciting this as the only ground of his exemption and thereupon Nolentes Abbatâ—m indebite sic vexari granted him and his successors this Patent of Exemption upon which his name was cancelled in the Clause Roll of 25 E. 3. part 1. m. 5. dorso and this written in the margin against it Abbas Leicestriae cancellatur quia habet cartam Regis quod non compellatur venire ad Parliamentum And that of Dors Claus 11 E. 3. par 2. m. 11. 13 E. 3. par 2. m. 28. 1. cited by Mr. Selden Sir Edw. Coke in his Margin mentioned in a Bill in Parliament Que toutes les religioses que teignont per Barony sayent tenus de venier au Parlament is also direct iâ— point That those who hold not by Barony are not bound to serve in Parl. be they Religious persons or Lay persons who are not Peers or Lords of Parliament upon general writs of summons such Summons of them being AN UNDUE VEXATION OF THEM as King Edward stiles it in his Patent unless they voluntarily appear upon such a Summons as this Patent informs us those who were summoned in 49 H. 3. all did This reason therefore exempting all Abbots Peers and religious persons from service and attendance in the Lords House in Parliaments though summoned thereto by writ must necessarily exempt all Knights and Laymen from it there being the self same ground justice equity for it in both yea the selfsame unjustice vexation mischief to both and by consequence the selfsame Law And if this be Law as these Presidents Judgements Records expresly resolve it to be beyond contradiction Then it inevitably follows that the General writ of Summons to Parliament alone doth neither create the persons summoned to it nor their heirs or successors Barons Lords or Peers of the Realm unless they hold by Barony no although they sit once or twice in Parliaments by vertue of them or interpolatis vicibus but not continue as the Abbots of Leicester did for then they could not allege or plead their not holding Lands of the King in Barony or any other tenure binding them to sit and serve in Parliament
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
homines quam Deum regni Nobiles primo subdolis pollicitis inclinando conciliavit cogitans postea per fundationem Abbatiae quam construere proposnerat de tanta injuria Deo satisfacere Magnatibus igitur Regni ob hoc Londonium edicto Regio convocatis Rex talibus alloquiis super mel favum oleumque mellitis et mollitis blandiens dixit Amici fideles mei indigenae ac naturales nostis veraci fama reference qualiter frater meus Robertus electus per Deum vocatus est ad regnum Hierosolymitanum foeliciter gubernandum quam frontose illud infoelicirer refutaverit merito propterea a Deo reprobandus Nostis etiam in multis aliis superbiam ferocitatem illius quia Vir bellicosus pacis impatiens est vosque scientet quasi contemptibiles quos desides vocat gluttones conculcare desiderat Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare super his si provideritis scripta subarata roborare iteratis juramentis praedicta certissime confirmare omnia videlicet quae sanctus Rex Edwardus Deo inspirante provide sancivit inviolabiliter jubeo observari Ut mecum fideliter stantes fratris mei imo et mei totius regni Angliae hostis cruentissimi injurias potenâ—er animose voluntarie propulsetis Si enim fortitudine Anglorum roborer innanes Normannorum minas nequaquam censeo formidandas Talibus igitur promissis quae tamen in fine impudenter violavit omnium corda sibi inclinavit ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent This Duke thereupon departing into Nâ—rmandy was followed thither by King Henry who there taking him together with the Earl of Morton and other Nobles Prisoners brought them over to England where they were adjudged to perpepetual prison by the BARONS and Duke Robert to be put to death as Henry de Knyghton thus relates Robertus vero captus pudorosae et immani morti adjudicatus est Henricus vero frater ejus non sustinens ignominiam tantam protendere in sanguine suo institit er go BARONES suos who passed a sentence on him in a Parliamentary Council ET IMPETRAVIT AB EIS quod praedictus Robertus debet exoculari exâ—â—cari cum bacillo ardenti Sicque apud Lincolniam perpetuo carceri mancipatus Anno 1107. The King and Anselm by the Popes mediation and others coming to an accord Hereupon the King returning into England advenatis ad Curiam ejus in Pascha Terrae Principibus dilata est Ecclesiarum ordinatio quam Rex se facturum disposuerat by reason of the Popes coming into France to the Council of Trecis But afterwards in August Factus est Conventus Episcoporum et Abbatum pariter Magnatum or Procerum Regni Londoniâ—s in Palati◠〈◊〉 where per consilium Anselmi Procerum Regni annuit Rex statuit this accord and Decree was made ut ab eo tempore in reliquum nunquam per donationem baculi Pastoralis vel annuli quisquam de Episcopatu vel Abbatia per Regem vel quamlibet Lâ—icam personam investiretur in Anglia Concedente etiam Archiepiscopo ut nullus ad Praelationem electus pro homagio quod Regi faceret consecratione suscepti honoris privaretur which being concluded Coepit Anselmus coram Rege Regnique Episcopis atque Principibus exigere a Gerardo Archiepiscopo Eboracensi professionem de sua obedieutia subjectione quam non fecerat ex quo de Episcopatu Herefordensi ad Achiepiscopatum Eboracensem translatus fuerat Ad quae cum Rex ipsâ— diceret sibi quidem non videre necesse ut professioni quam ordinationis suae tempore Gerardus fecerat aliam superadderet praesertim cum licet Ecclesiam mutaverit idem tamen qui fuerat in persona remansit nec a prima professione absoluâ—us extiterit Anselmus in praesenti quidem Regiis verbis adquievit ea conditione ut Gerardus in manum sibi daret se eandem subjectionem in Archiepiscopatu ei servaturum quam in Episcopatu professus fuerat Which Gerardus aâ—enting to and presently performing before them Exin STATUTUM EST ut qui ad Episcopatum electi erant Cantuariam iâ—eâ—t ibi dignitatis ipsius benedictionem ex more susciperent In the year 1108. King Henry in the Feast of Pentecost advenatis ad Curiam suam apud Londoniam cunctis Magnatibus Regni cum Anselmo Archiepiscopo et caeteris Episcopis Angliae tractavit concerning the chastity and against the mariage of Priests and Clergy-menâ— concerning which several Laws and Canons were then made and published with other good secular Lawes against theeves clipping and falsifying of money c. which were thus praefaced Haec sunt Statuta c. quae statuerunt Anselmus Cantuariensis Archiepiscopus Thomas Eboracensis Archieriscopus electus cum eo Omnesque alii Angliae Episcopi in praesentia gloriosi Regis Henrici Assensu Comitum et Baronum suorum statutum est c. Anno 1109. there arising a difference between Anselm and Thomas the elect Archbishop of York about his consecration and subjection to Anselm thereupon Anselm calling the rest of the Bishops to him by their advice summoned him by 2. Bishops to come to Canterbury there to receive his consecration and to make such subjection to him as he required unless he could prove he ought to be exempted from it Whereupon the King sent a Writ to Anselm under his Seal to adjourn the difference between Thomas and him till Easter EGO enim si infra praedictum â—terminum in Angliam rediero Consilio Episcoporum et Baronum meorum vos juste honorifice inde concorcabo c. Upon which Anselm returned this peremptory answer not to Thomas but to the King himself De induciis autem quas Thomae Ebor Archiepisc dare mandaverat pro certo scirer quod prius pateretur totus membratim dissecari quam de negotio in quo illum contra antiquas sanctorum Patrum sanctiones se injuste adversus Deum erexisse sciebat vel ad horam illas aliquando daret And writ a peremptory Letter to Thomas not to presume to intermeddle in any kind in the exercise of his pastoral cure until he had desisted from his rebellion against the See of Canterbury and done that subjection to himself which his predecessors Thomas and Gerard had formerly made out of the antient custom of their antecessors charging him without such a profession of subjection never to receive consecration to that See under pain of an Anathema and interdicting all the Bishops of England under pain of Excommunication not to consecrate him nor yet to have any Christian communion with him if consecrated by any foraign Bishops Soon after which Letter Anselm
ut rex ipsis omnibus qui in eorum comitiva arma moverant literas patentes indemnitatis concederet ne pro transgressionibus transactis vel praesentibus a rege seu quovis alio futuris temâ—oribus punireâ—ur Ad haec dominus rex respondit quod Hugo le Spencer pater in suo negotio mare transierat Hugo junior in mari ad custodiendum quinque Portus prout ex officio renebatur qui de jure vel consuetudine exulare non debent ante responsa data per eosdem Adâ—câ— praeâ—ereâ— quod eorum petitio juris rationis fundamento carebat eo maxime quod dicti Hugo senior Hugo junior parati semper fuerant omnibus de se conquerentibus in forma juris respondere si probare possent eos in aliquo statuta terrae laesisse parati semper suerant legibus regni parere Postremo cum juramento addidit quod noluerit sacramentum violare ad quod astrictus fuerat in Coronatione sua concedendo literas pacis et indulgentiae tam notorie delinquentibus in suae personae contemptum et totius regni perturbationem et majestatis regiae laesionem Hiis auditis Proceres acti in â—uâ—iam confesâ—im ad arma rosiliunt milites quidam super armatura cotiâ—cas induerunt vocatas quarteloys Armigeri vero indumenta bendas habuerunâ— quibus indumentis expost induti tracti sunt suspensi plurimide procerum Comitiva Cum fastu igitur pompa nimia Barones Londonias adierunt hospitatique in suburbia civitatis manebant pacifice donec licentiam ingredi civitatem obtinuissent obtento a rege civitatis ingressu Magnates sicut prius in petitione sua fortiter perstiterunt Tandem interveniente regina praefatis episcopis laudabiliter mediantibus rex inductus est propter werrae periculum evitandum ut condescenderet votis petitionibus Procerum praedictorum Edictoque super hiis per comitem Herefordiae in aula Westmonasterii publicato Hugo senior in exilium actus est Sed Hugo junior in diversis locis latitans in Anglia in mari permansit The Clause Roll of 14 E. 2. m. 17. Schedula records the proceedings with this addition that King Edward the 2. having summoned the Lords to come to a Parliament with the rest of the Council at Glocester Humfry de Boun Roger de Mortimer and their confederates refused to come upon the Summons for fear of Hugh Spencer who was made Chamberlain in pleno Parliamento 12 E. 2. at York desiring that he might be committed and kept in safe custody till the Parliament for they weâ—e unwilling to come to him so long as he was with the King The King said he much wondred at this their carriage in regard Spencer was never questioned in any other Parliament since he was made Chamberlain for any misdemeanour ignorare non debetis nec potestis quod mandata nostra omnibus singulis ad Nos ad hujusmodi mandata nostra convenientibus protectâ—o desensio sunt debent secundum legem et consuetudinem Regni nostri As for removing Spencer from him which they desired he said it were unjust and of ill example aliis Ministris nostris sâ—ipsum amoveremas à Nobis totaliter sine causâ— Praefâ— uâ— vero Hugonem sive quemaâ—is alium Custodiae sine causa committere non possumus nec debemus cum hoc esset conira tenorem Magnae Chartae de libertatibus Angliae et contra Communem Legem Regni nostri ac contra Ordinationes made by himself and the Lords in Parliament Idem enim Hugo se protulit plane ac publice coram Nobis ad respondendum in Parliamento nostro alibi prout debuit querelis nostri siâ—gulorum aâ— ipso conqueretium volentium ad standum inde recto c. And thereupon he commands them to come and treat cum caeteris de Concilio at Oxford whereas it appears by the Dorse of this Roll he had formerly summoned them and the rest of the Council to Glocester whether these Earls refused to come Claus 15 E. 2. dorso 32. The whole proceedings against the Spencers in Parliamen are at large recorded but cancelled by order of the Parliament at York They were sent to every Court to be inrolled and the writ recites thar their judgement was per pares in praesentia Regis Soon after the same year the King summoned a Parliament at York on the 3. of September where this judgement against the Spencers was questioned as erronious and being referred to the consideration of the Provincial Council of Canterbury they conceived it to be erronice factum because the Spiritual Lords never assented to it neither could they doe it because it was Jndicium sanguinis for if they submitted not to the exile they were to be proceeded against as Enemies to the King and Realm After which the King and some of the Lords had the sentence read to them and they said It was erroniâ—ous The Earls of Richmond Pembroke and Arundel said They gave their voyces for fear of the other Noble mens power and the Judges said Consideratio praedicta fuit contra Legem consuetudinom regni The King writes down all this and then sends to some of the Bishops that were absent from the Council to know their minds 4 Januarii who concurring in judgement with the rest thereupon the Process Judgement and Act against the Spencers was nulled and made void before the King Lords and Commons who were consenting to it before 1. Because they were not called to it to make their defence 2ly Because the Lords Spiritual who were Peers assented not to it 3ly Because against MAGNA CHARTA the franchises of England Nullus liber homo utlagetur c. 4ly Because the Faults were not sufficiently proved 5ly Because the Lords in the Kings absence of their proper authority usurping to themselves royal power had given the judgement of his royal assent with the assent of the Lorâ—s and Commons without his privity and against his will The judgement and process of this repeal and nulling their sentence were sent by Writ into every County to proclaim and to null and cancel the first judgement A little before which Parliament Thomas Earl of Lancaster and sundry other Lords Knights and Gentlemen for adhering to him and levying war against the king were arraigned impeached before the Lords and commanded to be hanged drawn quartered and beheaded Comitum et Baronum Consilio as Walsingham relates without the Commons peculiar assent and accordingly executed Anno 1326. Hugh Spencer the younger notwithstanding the repeal of his exile being taken by the Kings forces was brought to Hereford and there arraigned publiquely before William Trussel a Judge His inditement is at large recorded in the Chronicle of Leicester and in Henry de Knyghton de Eventibus Angliae l. 3. c. 15. col 2547. c. beginning thus Hugo de Dispencere En Parlement nostre
Seignour le Roy que ore est tenue a Westminstre lanquinzisme per examinent dez Praelates Contes Barones et tote la commune de Realm fuist notoriement trove que vostre piere vous Hugh fuâ—stez agardez TRAYTOURS enmys del Realm pur quel par assent commandment nostre Seigniour le Roy vostre Piere vous Hugh fuistez exules del Realm sanz james revenir si ceo ne fuist par lassent commmandment nostre Seignious le Roy ceo en playne Parlement duement al ceo summounz And for his returning into England against this Act and his manifold murders oppressions and misdemeanors since there recited at large he was condemned to be hanged drawn bowelled quartered and beheaded which was executed accordingly December 8. and his head fixed on a Poll and set upon London bridge The Repeal of the Spencers exile was not long after repealed and the Act for their exile re-confirmed in the Parliament of 1 E. 3. ch 1 2. in the Statutes at large which recites That they were exiled disinherited and banished out of the Realm by the Commons assent and award of the Peers and Commons of the Realm and by the assent of King Edward as Traytors and Enemies of the King and of his Realm And that he by the Common Counsel of the Prelates Earls Barons and other Great men and of the Commonalty of the Realm in his Parliament holden at Westminster did ordain and establish That the repeal of the said Exile which was made by Duress and force should be adnulled fâ—r evermore and the same exile made by the award of THE PEERS AND COMMONS BY THE KINGS ASSENT as aforesaid shall stand in its strength in all points after the tenour of every Article therein contained But this Act of repeal by the like power and assent was repealed as erronious and the heir of the Spencers restored to blood and Lands by the Parliament of 21 R. 2. Rot. Parl. u. 35. to 57. And that whole Parliament again repealed and nulled by 1 H. 4. c. 3. Cooks 4 Instit p. 25. This was the issue of this very first Attainder wherein the Commons concurred with the Lords being carried by force and power on all hands in those turbulent times In the Parliament of 11 R. 2. ch 1 2 3 4 5 6 7. in the Statutes at large Alexander Archbishop of York Robert de Vere Duke of Ireland Michael de la Pale Earl of Suffolk Robert Tresylien chief Justice R. Belknap with sundry other Judges Lawyers Knights Gentlemen Clergymen and other Commons and Prelates were impeached by the Duke of Glocester and other Lords Appellants of High Treason in 36 Articles thereupon attainted condemned judgement of death banishment forfeiture of their lands and estates given against them in Parliament by the Lords without the Commons After which the Lords exhibited a Petition to the King for the confirmation of the said Attainders and forfeiture Whereupon the King considering the matâ—er of the said Petition to be true at the request of the said Commons of the assent of the Prelates Dukes Earls Barons and all others of this present Parliament granted the request of the said COMMONS in all points after the form of the said Petition And moreover of the assent aforesaid passed sundry Acts touching their Attainders Judgements Exiles and forfeitures which all may peruse at leisure in the Statutes at large In the Parliament of 21 R. 2. upon the Petition of the Commons by the like assent c. 2. to 12. in the Statutes at large these Attainders Judgemens forfeitures and the whole Parliament of 11 R. 2. were repealed as erronious and nulled Yet after by the Parliam of 1 H. 4. c. 3. the Parl. of 21 R. 2. is nulled and that of 11 R. 2. revived and confirmed with all the attainders and Judgements therein given In the Parliament of 9 H. 6. c. 8. Owen Glendor formerly endited and attainted of high Treason for his grand insurrections and rebellions by the assent of the Lords spiritual and temporal and of the Kingâ— at the special request of the Commons was by special Act declared a Traytor and all manner of Indictments Inquisitions Processes Records Judgements Ordinances Statutes made against him authorized established for Law by assent of the Lords and Commons in Parliament In the Parliament of 29 H. 6. c. 1. The King by the advice of the Lords spiritual temporal and at the request of his Commons by a special Act attainted John Cade of several High Treasons for traytorously imanâ—ging the Kings death the destruction and subversion of this Realm in gathering and levying great numbers of the Kings people and them exciting to make insurrection against the King his regalty crown and dignity and to make and levy war falsly and trayterously against the King for which they confiscated all his Lands Tenements rents and possessions to the king corrupt and disable his blood for ever and enact him to be called a false Traytor within the Realm for ever And in 31 H. 6. c. 1. with the advise and assent of the Lords and at the request of the Commons it is ordained established that the said John Cade shall be reputed had named and declared a false Traytor to the king and all indictments and proceedings had and made under the power of his Tyranny were clearly repealed and adnulled for ever and to be of no effect but void in Law and put in oblivion and destroyed for ever as purposed against God and Conscience and the Kings royal estate and preheminence and also dishonourable and unreasonable In the Parliament held Anno 38 H. 6. rot Parl. n. 5. to 26. Richard Duke of York with sundry other Lords and Commons were attainted of High Treason by Bill for conspiring and levying war againâ—t the King And in the Parliament of 1 E. 4. rot Parl. n. 12 17. to 37 King Henry the 4 H. the 6 Queen Margaret Edward Prince of Wales Henry Duke of Somerset the Earl of Devonshire with sundry other Knights Esquires and Gentlemen Priests and Yeomen were attainted of High Treason by Bills for levying war against king Edward the 4. In the Parliament of 4 E. 4. rot Parl. n. 2. to 39. the Duke of Somerset Henry Beauford Sir Ralph Piercie with sundry other Knights Esquires and Gentlemen were attainted of High Treason by Bill for levying war against the king most of which attainders in the Parliaments of 12 E. 4. rot Parl. n. 15. to 36.13 E. 4. n. 45.14 E. 4. n 45.27 28 29 31 32.17 E. 4. n. 19 20 21 22. E. 4. n. 23 were repealed by Bills and the parties or their heirs restored to blood and Lands In the Parliaments of 14 E. 4. rot Parl. n. 34 35 36 37. Sir Richard and Sir Robert Wells John Vere Earl of Oxford Sir Thomas Vere with sundry more Knights and Gentlemen were attainted by Bill of High Treason for Levying war against the king and some of
of Attainders in cases of high Treason did not institute them Judges of these persons nor give them any share in the judicial right and power of Parliaments 1. Because most of these persons thus attainted by Bill were Queens Dukes Earls Lords Barons and Peers of the Realm who were triable to be judged only by their Peers none else by the Common Law of England Magna Charta c. 29. and sundry other Acts not by the Commons who are not their Peers 2ly Because most of these parties thus attainted by those Bills were first attainted tried judged condemned in Parliament by the Lords alone as their proper Judges upon the complaints or impeachments of the Lords Appellants or of the Commons themselves or else before some other Judges upon indictments and legal tryals and those Acts did only confirm and ratifie their precedent attainders recited in them 3ly Because in many of these Acts the Commons did only petition that their Attainders might be ratified by Bill and the King and Lords assents thereto which was done at their request as Petioners not Judges 4ly Because their Judgements and Attainders passed formerly by the Lords and Judges were good in Law though thus ratified afterwards by Bill for the greater terror certainty and satisfaction and these Bills did pass no new Judgements and Attainders upon the parties but only ratifie the old and in cases where there was no precedent Attainder they attaint them only by vertue of their Legislative power without any indictment tryal or hearing of the parties themselves as Judges of them some of them being dead when attainted taking all the charges in the Bills pro confesso and notoriously true and proved such by some other precedent legal convictions and evidences 2ly There is a formal proper Judgement given in our Parliaments both in criminal and civil causes upon complaints Articles Petitions Impeachments Inditements Informations Writs Appeals Reports References and that either against or concerning Peers themselves or against or concerning Commoners and other Laicks or Clergy-men And in all such cases proceedings the King and Lords alone have a proper judiciary power or right of Judicature without the Commons vested in and executed by them which I shall abundantly evidence and make good by sundry memorable Presidents out of our Histories and Records in all ages not vulgarly known and for the most part never yet remembred by any who have wriâ—ten of our Parliaments and the proceedings in them whose Treatises are very slight unsatisfactory and in many things of this nature erronious I shall begin first with presidents concerning Ecclesiastical Temporal Lords alone proceeded against impeached judged censured in our Parliaments for sundry criminal causes Offences Treasons wherin the House of Commons can challenge no share or voice in the Judicature especially in the case of Temporal Lords who are such in their own right and sit in Parliament ratione Nobilitatis but the Lords alone and that by the express Letter and Resolution of the Great Chariers of King John and of King Henry 3. and Ed. 1. c. 14.29.15 E. 3. c. 2 3 4. and roâ— Parl. n. 6.8.11 R. 2. rot Parl. n. 6 7.5 H. 4. rot Parl. n. 12.28 H. 6. ror Parl. n. 51 52 53. 20 H. 6. c. 9.26 H. 8. c. 13.28 H. 8. c. 7.18.31 H. 8. c. 12.32 H. 8. c. 4.33 H. 8. c. 12 20 23.35 H. 8. c. 2.1 Ed. 6. cap. 12. 1 Mar. c. 6.1 2 Phil. Mar. c. 3.4 5 Phil. Mar. c. 4.1 Eliz. c. 1.5.5 Eliz. c. 11.13 Eliz. c. 1.14 Eliz. c. 1 2 3. 18 El. c. 1.23 El. c. 1 2.27 El. c. 2.3 E. 3.19 Fit Corone 16â— 1 H. 4.1.10 E. 4.6 Brooke Trial 142. Stamford l. 3. c. 1. f. 152.33 H. 8. Brookâ— Trial 142.34 H. 8. Bro Corone 172.13 H. 8.11 Br. Treasons 29.38 H. 8. Br. Treasons 2.33 Dyer 99.107.208.360 Cook 6 Rep. f. 52.9 Rep. f. 30.87 and Cooks 2 Instit f. 28 29 48 49 50. and his 3 Instit c. 1. 2. p. 27 28 29.30 31. All which declare enact resolve That the Peers of this Realm shall not be tried or proceeded against but only by the lawfull judgement and verdict of their Peers The Lords and Barons of Parliaments trial by Peers alone of their own rank being so essential that they cannot waive nor put themselves upon the trial of the Country by 12. ordinary Freeholders as was resolved in the Lord Dacres case Pa. 26 H. 8. Cooks 3 Institutes f. 30. much less then can they waive their Peerage it self and sit as Commoners in the Commons house as I have formerly proved The first president I meet with in our Histories of this nature is in the reign of Cassibelan the British King who having repulsed Julius Caesar upon his first landing in this Island and forced him to return into France Edictum fecit ut omnes Proceres Britanniae convenirent to the City of â—roynovant now London where Evelin nephew to Androgens Duke of Troynovant slaying Heralgas nephew to Cassibelan upon a sudden quarrel as they were playing together Cassibelan thereupon commanded Evelin to be brought before him talem sententiam quam Proceres regni judicarent subire which Androgeus opposing â—aying sese suam Curiam habere in illa diffiniri debere quicquid aliquis in homines suos clamaret thereupon Cassibelan threatned to waste his Country with fire and sword if he refused to deliver up his Nephew to justice to undergo the sentencâ— quam Proceres dictarent which he accordingly executed for refusing to put his Nephew upon the Trial and Judgement of the Nobles for this murder The next president I find is that of Wilfrid Archbishop of York who for refusing to divide his Bishoprick into two Bishopricks more and for endeavouring to perswade Queen Emburga to become a Nun and desert her husband Egfrid King of Northumberland was through that Queens malice and prosecution in two several Parliamentary Councils Anno 678. 692. twice deprived of his Archbishoprick and banished the Realm by King Egfrid Theodor Archbishop of Canterbury and the rest oâ— the Bishops and Nobles of the Realm assembled in these Councils and at last restored to his Archbishoprick again in another Council An. 705. by King Osred his will and consent About the year of our Lord 924. Elfred a Nobleman who opposed Aethelstans title and election to the Crown though in vain intended to seise upon him at Winchester and put out his eyes but his Treason being discovered he was apprehended and sent to Rome to purge himself thereof by Oath where he abjuring the fact before the Altar of St. Peter in the presence of Pope John the 10th fell down suddenly to the ground as dead and being thereupon carried away thence to the English School he there expired within 3 dayes after The Pope acquainting the King therewith and craving his advice what to do with him and whether he should have Christian burial the King thereupon
assembled a Council of the Nobles of his Realm at whose inteaty he granted him Christian burial but for this his Treason they confiscated all his Lands great and small to the King who by their consent granted them all to the Abbey of Malmsbury by his Charter wherein he recites Elfreds Treason death and the judgement given against him by the Nobles adding Sciant Sapientes regionis nostrae non has praefatas terras me in iuste rapuisse rapinamque Deo dedicasse sed sic eas accepi quemadmodum judicaverunt omnes Optimates regni Anglorum et sic adjudicata est mihi tota possessio ejus in Magnis et Modicis Here we have a direct judgement given against Elfred after his death by all the Nobles of the Realm assembled in a Parliamentary Council for Treason against the King for which they adjudged he should forfeit all his Lands to the King whose seisure of them by this legal judgement was no rapine but a just and legal perquisite which he in gratitude dedicated unto God Anno 985. as some or 986. as others relate King Ethelred banished Alfric Duke of Mercia out of the Realm the cause and manner thereof not expressed by our Historians is thus recited in King Ethelreds Charter to the Abbot of Abingdon in the Leiger book of Abingdon f. 91. that Alfric had forcibly ravished and taken away Willemetrant and Syrene from a widdow named Eadfeild for which he was banished after which being recalled and made one of the Kings Admirals against the Danes Anno 992· he played the Traytor and revolted to the Danes as our Historians record for which Treason as that Charter recites quia cum Ducatu suo contra Regem Ethelredum reus exstitit omnes possessiones ejus Regis ditioni subactae sunt and that by the Lords judgement given in a COUNCIL at CIRENCESTER stiled Synodale Concilium ad quod omnes Optimates mei simul in unum convenerint et eundem Aâ—fricun Majestatis reum de hâ—c patria profugum expuâ—erunt by whose Judgement as he seised his Dukedom and Lands there adjudged to be forfeited for his Treason it is likewise probable he caused the Eyes of Algarus son of this Traytor Alfric to be put out Anâ—o 993. when this Council at Cirencester was held as I conjecture In a great Parliamentary Council held at Oxford Anno 1015. King Ethelred caused some Nobles of the Danish race whereof Sygeforth and Morcar were chief to be suddenly and secreâ—ly slain and put to death as being noted and accused of Treason and Perfidiousness towards the King who thereupon seised upon their Earldoms Lands and Goods King Cnute Anno 1017. by his precepts assembled all the Bishops Dukes Princes and Nobles of the English Nation in a Great Parliamentary Council at London where they all swore allegeance and homage to Cnute as their King totally rejected abjured Edmond Ironsides Sons and Brothers right heirs to the Crown against their former Oaths of Allegiance to them and by wicked advice adâ—udged Prince Edwin to be banished the Realm and Edmond Ironsides Sons to be sent beyond the seas to be slain by the Barbarians for which by divine retaliation â—he chiefest of them within one year after were slain or banished the Realm by King Cnute whom they endeavoured to ingratiate and secure by this their unjust sentence The Chronicle of Bromton Caxton in his Chronicle and Mr. Selden record this memorable proceeding in an Appeal of Treason against Earl Godwin in a Parliamentary Council held about the year 1043. Godwin Earl of Kent being enforced to fly into Denmark to preserve his life for the murder of Prince Alfred Brother to King Edward the Confessor hearing of Edwards piety and mercy resolved to return into England humbly to implore his mercy and grace that he might regain his lands then confiscated for it having provided all things for his journy he put to Sea arived in England and posted to London where the King then held a Parliamentary Council wiâ—h all his Nobles Comes Godwinus usque Londonias ubi Rex et omnes regni Magnates ad Parliamentum tunc fuerant properavit rogans ibi et petens amicos consanguineos suos qui post Regem majores terrae fuerunt ut gratiam et amicitiam à Rege sibi perquirere studerent Qui super hoc consilio inter eos deliberato ipsum coram Rege pro gratâ—a obtinenda secum duxerunt Sed statim cum Rex eum intuitus esset De proditione et morte Alfredi fratris sui ipsum appellavit in haec verba Proditor Godwine ego te appello de morte Alfredi fratris mei quem proditionaliter occidisti Cui Godwinus se excusando respondit Domine mi Rex salva reverentia et gratia vestra pace dominatione fratrem vestrum unnquam prodidi veloccidi unde super hoc pono me in consideratione Curiae vestrae Tunc dâ—xit Rex Karissimi Domini Comites et Barones terrae qui estâ—s homines meâ— liget modo hic congregaâ—â— appelâ—um meum responsumque Godwini audistiâ— Volo quod inter nos in ista appellatione rectum judiciam decernatis et debitam justitiam faciatis Comitibus vero et Baronibus super hoc ad in vicem tractantibus quidâ—m inter eos de justo judicio faciendo diversimodo sentiebant Alii enim aâ—cebant Quod nunquam per homagium servitium seu fidelitatem Godwinus Regi exstitit alligatus et ideo Proditor suus non fuit quod ipsum etiam manibus fuis non occiderat Alii vero dixerunt Quod Comes nec Baro nec aliquis Regi subditus bellum contra Regem in appellatione sua-de Lege potest vadiare sed in toto ponere in misericordia suâ— et emendas sibi ofâ—erâ—e competentes Tunc Leofricus Consul Cestriae probus homo quoad Deum seculum dixit Comes Godwinus post Regem homo melioris parentelae totius Angliae et dedicere non potest quin per consilium suum Alfredus frater Regis interemptus fuit unde per me considero qúod ipsemet filius suus et nos omnes 12. Comites qui amici et consanguinei sui sumuâ— coram Rege humiliter procedamus onerati cum tanto auro et argento quantum inter brachia sua quilibet nostrum poterit bajulare illud sibi pro suâ— transgresin afferendo et suppliciter deprecando ut ipse malevolentiam suam rancorem et iram Comiâ—i con onet et acceâ— t is homagio suo fidelitate terras suas sibi integre restituat eâ— retradat Illi auâ—em omnes sub ista forma thesauro se onerantes et ad Regem accedâ—ntes seriem modum considerationis eorum sibi demonstrâ—bant Quorum considerationi Rex contradâ—cere nolens quicquid judicaverant per omnia ratificavit Concordia igitur sub isto modo inter eos facta Comes statim reobtinuit integreterras
amongst the rest The 11 Article was this Archiepiscopi Episcopi universae personae regni qui de rege tenent in capite habent possessiones suas de Domino Rege sicut Baroniam c. sicuâ— Barones caeteri debent interesse judiciis curiae Regis to wiâ— of his Court of Parliament as the protestation of the Archbishop and Prelates in the Parliament of 11 R. 2. rot Patl. n. 9.11 resolves it cum Baronibus quousque perveniatur in judicio ad diminutionem Membrorum vel ad mortem An unanswerable authority thaâ— rhe Barons and Peers in Parliament had antiently in the reigns of Henry the 1. and 2. and long before a judicial power even in criminal as well as canonical causes deserving loss of Member or death and that as well in cases of Commons as Peers It is observable that though according to this Article the Bishops in those days did not pronounce sentence nor were not actually present at the giving of judgement by the other Barons in cases of blood yet they took upon them the name of Barons and were present on that account at all the debates in criminal causes and gave their votes therein in our Parliamentary Councils absenting themselves only from the sentence and execution for which Petrus Blesensis Archdeacon of Bath under king Henry the 2. thus justly censures them Quidam Episcopi Regum munificentias eleemosinas antiquorum abusive BARONIAS REGALIA VOCANT in occasione turpissimae servitutis SEIPSOS BARONES appellant vereor ne de illis quereletur Dominus dicat Ipsi regnaverunt et non ex me Principes extiterunt ego non cognovi Scias te assumpsisse Pastoris officium NON BARONES Cerâ—e Joseph in Aegypto patrem suum fratres instruxit ut dicerent Pharoni viri pastores sumus Maluit eos profiteri Pastoris officium quam PRINCIPIS aut BARONIS c. Vacuum a secularibus oportet esse animum divinae servituâ—is obsequio consecratum c. Illud coelestem exasperat iram et plerisque discrimâ—n aeternae damnationis accumulat quod quidam Principes Sacerdotum et Seniores populi licet non dictent judicia sanguinis eadem tamen tractant disputando ac disceptando de illis seque adeo immunes a culpa reputant quod mortis aut truncationis Membrorum judicium decernentes a pronuntiatione duntaxat et executione paenalis sententiae se absentant The very words of this Article of Clarindon Sed quid hac simulatione perniciosius est Nunquid discutere diffinire licitum est quod pronunciare non licet Certe Saul de morte David multiplici machinatione tractabat let others observe it ut malitiam suam sub umbra innocentiae palliaret dicebat Non sit manus mea in eum sed sit super eum manus Philistinorum Sane quantum haec dissimulatio ipsum excusabat apud homines tantum apud Deum eundem damnabilius accusabat Expressa fimilitudinis forma in CONSITORIO illo in quo Christus ad mortem damnatus est Pharisaei Scribae dicebant Nobis non licet interficere quemquam cumque tamen clamarent dicentes crucifige sententiam in eo occisionis cruentae malignitate dictabant Quem occidebant gladio linguae publice protestabantur sibi occidere non licere eorumque iniquitas eo ipso detestabilior erat quia ut evaderent humanum judicium eam simulatione innocentiae occultebant Animabus praelatus es non corporibus nihil Praelato commune est cum Pilato Christi villicus es Vicarius Petri nec respondere oportet Coesari de commissa tibi jurisdictione sed Christo Quidam tamen per usurpatas seculi administrationes se vinculo curiali obnoxiant quasi renunciaverint suae privilegio dignitatis calculum durioris eventus expectant These Articles of Clarindon were not only sworn to but likewise subscribed and sealed by all the Bishops except Archbishop Becket who refused to sign or set his seal unto them unlesse the Pope would first confirm them by his Bill The King hereupon sent two Embassadors to Rome unto the Pope to crave his allowance of these Laws but Becket had so dealt with the Pope before hand who knew the cause to be more his own than Beckets that he rejected the sute and withall absolved Becket and the other Bishops from the Oath of allegiance they had taken to observe them Whereupon the King being highly offended with Becket summoned a Great Parliamentary Council of the Prelates and Nobles at Northampton wherein he demanded an account of 30000 l which came to Beckets hands during his Chancellorship which he excusing and refusing punctually to answer unto the PEERS and BISHOPS condemned all his moveables to the Kings mercy After which the Lords and Peers by joynt consent adjudged him guilty of perjury for not yeelding temporal obedience to the King according to his Oath taken at the Council of Clarindon The Bishops thenceforwards openly disclaiming all obedience to him as their Archbishop The next day whiles THE BISHOPS PEERS were consulting of some further course to be taken with him Becket caused to be sung before him at the Altar The Princes set and speak against me and the Ungodly persecute me c. And forthwith taking his silver Crosier in his hands a thing strange and unheard of before entred armed therewith into the Kings presence though earnestly disswaded from it by all who wished him well wherewith the King being inraged commanded the Peers there assembled in a Parliamentary Council to sit in judgement upon him as on a Traytor or perjured person who accordingly adjudged him both a Traytor and perjured Rebel and that he should be forthwith apprehended and cast into prison as such a one and forfeit all his goods and temporalties The Earls of Cornwal and Leicester who SATE AS JUDGES citing him forthwith to hear his sentence pronounced he immediately appealed to the See of Rome as holding them no competent Judges Whereupon all the Prelates and Nobles reviling him with the name of Traytor and perjured person he replyed That were it not for his function he would enter the duel or combate with them in the field to acquit himself from Treason and Perjury And so speeding away from them for fear of imprisonment and disguising himself under the name and habit of Dereman fled in a small Fisher boat into Flanders Thereupon the King seised all his goods and temporalties into his hands and sent Embassadors to the Earl of Flanders the French King and Pope praying them in no wise to suffer or foster within their Dominions one that was such a notorious Traytor to him The Proceedings against this Traytor Archbishop Becket In this Magnum et solenne Concilium held at Northampton Anno 1165. being very memorable and more fully relating the manner of our Parliamentary Process in that age and the
custodia de Westmerland for their disloyalty towards him et omnia supradicta disposuit venditioni c. Tricesima prima die mensis Maii Rex Angliae celebravit secundum diem Concilii â—ui in quo ipse petiit sibi fieri judicium de Comite Iohanne fratre suo quod contra fidelitatem quam ei juraveraâ— Castella sua occupaverat et tertas suas transmarinas et cismarinas destâ—uxeraâ— et foedus cum inimico suo Rege Franciae contra eum inierat Similiter de Hugone de Nunant Coventrensi Episcopo SIBI FIERI JUDICIUM postulavit qui secreti sui conscium eum reliquerat et Regi Franciae et Comiti Johanni inimicis suis adhaeserat omne malum in perniciem regni sui machinans ET JUDICATUM EST quod Comes Johannes et Episcopus Coventrensis citarentur si intra quadraginta dies non venerint nec juri steterint JUDICAVERUNT COMITEM JOHANNEM DEMERUISSE REGNUM Episcopum Coventrensem subjacere judicio Episcoporum in eo quod ipse Episcopus eraâ— et JVDICIO LAICORVM in eo quod ipse Vicecomes Regis extiterat Secunda die mensis Aprilis Sabbato celebravit diem quarâ—um ultimum Concilii sui in quo omnes tam Cleriâ—i quam Laici qui volebant sibi conqueri de Archiepisc Eboracensi fecerunt queremonias multas de rapinis et injustis exactionibus sed Archiepiscopus Eboracensis nullum eis dedit responsum Deinde per consilium et machinaâ—ionem Cancellarii ut dicitur Girardus de Camvilla fuit retatus de receptatione praedonum qui rapuerunt bona Mercatorâ—m euntium ad nundinas de Stanford et ab eo recesserunt ad rapinam illam faciendam et de rapina illa redierunt ad eum Praeterea appellaverunt eum DE LAESIONE REGIAE MAJESTATIS in eo quod ipse ad vocationem Juâ—titiarium Regis venire noluit nec juri stare de praedicta receptatione rapâ—orum neque eoâ— ad justitiam regis producere Sed respondit Se esse hominem Comitis Johannis et velle in curia sua juristare Praeâ—erea appellaverunt eum quod ipse fuit â—n viet adjutorio cum Comite Johanne et aliis inimicis Regis ad Castella Regis de Notingham et de Tikehill capienda Girardus vero de Camvilla negavit omnia quae objiciebantur ei ab illis et illi dederunt vadium de prosequendo et Girardus dedit vadium defendendo se per unum de liberis hominibus suis A clear evidence of the form of proceedings in our Parliamentary Councils in that age against Traytors and other Offenders there impeached accused in criminal causes and of the Lords antient undisputable right to give judgment therein both in case of Peers as Earl John the Bishop of Chichester and Archbishop of York then were and in case of Commoners Girard de Camvil as I take it being then no Peer or Baron of this Realm but only a Servant to Earl John though afterwards in King Johns reign I finde him numbred amongst the Barons who were Witnesses to the homage and Oath of Allegiance made by William King of Scots to King John Earl John soon afâ—er coming to his Brother King Richard caâ—â— himself down at his feet and with many tears confessing his folly ill counsel and practices against him craved his pardon whereupon he received him into his favour and presently restored his lands which he had seised into his hands as forfeited by the Parliaments sentence denounced against him for his treason The Pope in the year 1208. having interdicted the whole Realm of England King John thereupon fearing that he would likewise excommunicate him and absolve his Nobles from their Allegiance to him to preserve his royalties sent a Company of armed Soldiers to all the Potent Nobles of the Realm and especially to those he suspected exacting Hostages from them that so if they should afterwards be absolved from their allegiance he might reduce them to due obedience Many submitted to the Kings commands and delivered some their Sons others their Nephews others their Kinsmen for hostages to the Messengers Who at last coming to William de Brause a Noble man and requiring pledges from him as they had done from others found a repulse For Matilda his wife out of a womanish procacity taking the word out of her husbands mouth answered the Messengers I will not deliver my children into the hands of your Lord King John because he most dishonourably slew his Nephew Arthur whom he ought to have honourably kept and preserved Which her Husband hearing rebuked her saying That she had spoken like one of the foolish women against our Lord the King for if I have offended him in any thing I am and will be ready to answer my Lord and that without hostages SECUNDUM JUDICIVM CVRIAE SUAE ET BARONUM PARIUM MEORUM assignato die loco The Barons in that age being to be judged and tried only by their Peers and that in the Kings Court of Parliament for any offences against the King not by the Commons or any inferiour persons In the year of Christ 1233. King Henry the 3. removing most of his English great Officers and Councellors from his Court and placing Poicâ—o â—es and Aliens in their room by whole Counsel he was wholly swâ—yed misguided especially by Peter de Rivallis qui homines Angliae naturales Nobiles totis viribus opprimebant proditores eos vocabant quos etiam de proditions apud Regem â—ccusabant â—neâ—aurorum â—eâ—iam suorum Rexeis custodias cum â—egibus patâ—ii judiciiâ— commisit Quid plura Judicia commitâ—ntur injustis leges exlegibus justicia injâ—riosis Et eum NOBILES de regno in regno de oppressionibus sibi irrogatis coram Rege causam deponerent Petro Episcopo impedience non fuit qui eis justitiam exhiberet c. Cumque his consimâ—â—ibus injuriis RICHARDUS COMES regni MARESCHALLUS viderâ—t tam NOBILES quam igâ—bbiles opâ—rimere iâ—ra regni penitus deponere zelo justitiae provocatus associatis sibi quibusdam Magnatibus ad Regem audacter accessit increpans eum audientibus multis quod per pravum Consilium advocarat extraneos Piâ—taviense no pressionem râ—gni hominum suorum de regno naturaliâ—m LEGUM PARITER AC LIBERTATUM Unde Regem humiliter â—ogabat uâ— tales excessus corrigere festinarer per quos Coronae suae regni sui subversio imminebaâ— Affirmabat insuper quod si hoc emendarc distugerer IPSE ET CAETERI DE REGNO MAGNATES tamdiu se ab ipsius consilio subtraherent quamdiu alienigenarum consortio frueretur Ad haec autem respondens Petrus Wintoniensis Episcopus dixit quod bene licuit Domino Regi extraneos quoscunque vellet vocare ad defensionem Regni sui Coronae etiam tot tales qui possent homines suos superbos rebelles ad debitum compellere famulatum
ill counsellors about him neglecting hating banishing his own Nobles and natural Subjects as Traytors without any just cause or legal trial and subverting confounding their Lawes Liberties Justice c. 2ly To manifest the proceedings impeachments in these Parliaments against the Earls and Nobles refusing to appear at these Parliaments upon the Kings these successive Writs of Summons his outlawing them of high Treason and spoiling burning seising their houses Lands thereupon being adjudged by the Lords in Parliament to be illegal and afterwards reversed as unjust and against the Law Claus 18. H. 3. m. 19. 3ly To manifest that the Lords in Parliament would not act any thing in the absence of these eminent Lords refusing to appear 4ly To evidence the Sentence and Justice of the King and Lords against these ill Counsellors Aliens and Traytors to the Publique whom they caused to be removed from the King Court Kingdom put from their publike Trusts and Offices called to an account publikely arraigned before the King himself and his Justices by whom they were imprisoned their lands confiscated and better Counsellors of State and Judges put into their places Anno 1240. Accusatus est graviter Comes Cantiae Hubertus de Burgo CORAM REGE ET CURIA TOTA London ubi post multâ—s disceptationes ut iraâ—undia Regis quae immoderate nimis conâ—â—â— ipsum excanduerat quiesceret ADJUDICAâ—UM EST ut quatuor Castra sua Charissima scilicet Blancum Castrum Grosmunt Scenefrithz Haetfeild Domino Regiâ— resignaret ut caetera sibi cum Regis benevolentia in pace remanerent Anno 1258. The Nobles complained in Parliamnnt of the Kings advancing his half Brothers who were aliens swaying all things and impoverishing the Realm and of their intollerable pride insolency and injuries and the Earl of Leicester particularly complained to the Parliament of William de Valentia non tamâ—n Regi sed universitati praecordialiter est conquestus exigens instanter sibi justitiam adhiberi The same year the Great men and Nobles of the Land Videntes Regnum undique desolatum tum exactionibus tallagiis tam Curiae Romanae quam Regis quam etiam alienigenarum praecipue Pictavensium elatione praesumptuosa fivore regio in regno nimium in sublimi provecta tantas in Anglia Dominationes sibi usurpantium magisteria â—ost Pentecosten apud Oxon. COLLOQUIUM GENERALE CELEBRAVERUNT being summoned to this Parliament by the Kings Writ super hiis necnon status regni meliorationâ— efficaciter exquisite tractaturi Quo non sine armis equis electissimis muniti venerunt ut si Rex alienigenae suiâ— provisionibus statutis sponte contemnerent assentire vigore opposito cogerentur aut ipsi alienigeni universaliter sine morae regnum Angliae poenitus evacuarent Quas quidem provisiones Oxon. stat necnon ET MAGNAM CHARTAM TAM DE LIBERTATIBUS ET DE FORESTA tandem Domino Rege ad suorum PROCERUM observantiam statutorum inclinato per queÌ„dam de suis militibus tactis sacrosanctis jurameÌ„tum praestante 24 prudentium virorum Nationis Anglicanae quos ad Regni gubernationem sub eodem duxerint inter se eligendos consilio se commendavit considerationâ— His igitur pâ—ractis fidelitatem Regi regni ET AD CONSIDERATIONEM SUORUM PARIUM STARE omnes quotquot in regno commorare vellent fecerunt jurare The Nobles in this Parliament required that all the Poictovines might surrender up all the Castles they held in England into the Kings hands Whereupon they peremptorily swore by the passion and wounds of Christ that they would never doe it whiles they breathed Whereupon the Earl of Leicester said to William of Vairencia the most insolent of them all That he should either surrender up the Castles he held of the Kings without delay VEL CAPUT AMITTERET on he should lose his head Similiter ALII COMITES ET BARONES DICEBANT etiam constructissime assertione consistentes The Poictovines being very much terrified with these words not knowing what to doe and fearing to fly to any Castle lest they should there be besieged and soon taken or starved by the Lords fled secretly and speedily from the Parliament to Winchester not sparing their horses sides and setting spies upon hills and Towers to observe whether the Barons pursued them who hearing of their flight commanding all their followers to arm themselves and dissolving the Parliament without adjourning it to any certain day pursued them to Winchester where the King and Nobles holding another PARLIAMENT the Poictovines JUDIDIUM EXPECTARE NOLENTES nec ausi exhibitionem JUSTITIAE quae singulis secundum juramentum REGIS PROCERUM debebatur expestare being the sole judges of them in Parliam for their exorbitant offences they presently fled out of the Realm beyond the Sea to avoid their sentence Hereupon Significatum est literatorie ad multos etiam quos praedicti Pictavienses impudentur offenderant ut â—nerelam super hoc reponeâ—res ostenderent Maguatibus Regni daâ—a sibi a dictis Regis fratribus illata eas querelas dilucidantes constanter moras sequerentur ut sibi omnia secundum quod jus dictaret restituerentur Sed quia instabat tempus messium considerantes simultatem et instantes labores forte inutiles sequi renuerunt donec majorem cernerent opportunitatem The Lords in Parliament being willing to award them damages and reparations against the Kings own Brothers in Law upon complaint and clear proof of the injuries and damages they sustained by them Anno 1260. There falling out a great difference between King Henry the 3. and Prince Edward his Son Simon Earl of Leicester and other Nobles thereupon Convocato in praesentia Regis apud sanctum Paulum BARONAGIO habitoque prius tractatâ— de Eadwardo super injuriis Regi ut dicebatur illatis paratus est idem Eadwardus se omnium objectorum probare immunem et ad duorum Regum scil Patris sui et Avunculi provisionem in emendatione facienda se dare tractabilem dicens Omnes alios Barones et Comites sibi de jure non esse Pares nec suas in eum exercere discussiones Unde dâ—cuâ—a hinc inde veritate omniumque relatorum falsitate probata pacificato Regi concordatus est filius multiplicatis de jure inimicorum confusionibus Concordato itaque Eadwardo Regi et Reginae et aliis amicis mox querela subsequitur de Comite Leicestriae Simoâ—e super pluribus injuriis tam citra mare quam ultra contra Regem ut dicebatur perpetratis Praefixo igitur die ad respondendum se de objectis expurgandum idem Comes ad dictum diem licet breviorem paratus est quantotiens petitis satisfacere et ad discutiendam super oppositis veritatem omnium transmarinorum quam cismarinorum arbitrio obtemperare exceptis quinque tantum minutis tam suae quam Eadwardi discordiae seminatoribus Qâ—o audito Comes Gloverniae cum
suis consentaneis rimens sibi post praedicti Comitis purgationem gravissimas de se suscitati querelas US QUE AD ALIUD PARLIAMENTUM praefatum diem procuravit prorogandum Unde tumultu ad tempus sedato Rex proprium adivit Palatium cum gaudio Articuli vero praetactarum culparum cum suis fabricatoribus plures sunt ultra modum transgressibiles si veri essent Sed quia incredibiles sunt nulla fulciuntur veritate ne mendaciorum scriptor dicerer aâ—t fabricator eos huic paginae non arbitror annotari Jmo qui eos siâ—ienter audire desiderat a mendacâ— mondaâ—iâ— exâ—auriet me in noc relinquens alium relatorem exquirat Anno 1261. Prince Edward returning out of France brought William de Valentia the Kings Brother-in-law with him lately banished out of the land who could then scarce obtain any admission into it but upon this condition Ut praestito in ingressu sacramento BARONUM PROVISIONI IN OMNIBUS OBEDIRET singulis contra eum dâ—posiâ—is quaerelis et deponendis si neceâ—se fuerit responderet Eadwardus vero super vanis Regis consiliis consiliariis edoctus eisdem valde iratus sponte se patris absentavit obtutibus fideliterut perjuraverat assensit Baronibus Inquisitis itaque diligenter praedictae contentionis fautoribus et cognitis unanimiter omnes cum Eadwardo conjurarunt quod nunquam regi consentirent in uno donec quoldam non nominandos a suo amoveret consilio Addentes quod per talium pacis perturbatorum suggestiones Rex saepe decipitur in praetacta papali absolutione juramenti sui to observe the provisions of the Barons made at Oxford provisio Regi regno salutaris infirmatur Unde revelato eorum secreto nunquam Rex talium consilio intermediante suo poterit BARONAGIO prout decet consentiâ— Comâ—â—es antem Gloverniae et Leicestriae pace sunt tunc firmissima confaederati simul cum Eadwardo aliis contestantes quod aut praedictorum perturbatocum a rege removerent consorrium aut guerâ—a viâ—iniore suscitanda alterutros se darent in interitum In pursuance whereof the Barons continued in arms so long till they forced the Kings ill Counsellors from him constrained him to reconfirm and assent to their provisions made at Oxford to banish all strangers out of the Realm and to put all his Castles into their hands Anno 1264. Richard King of Romans Prince Edward the Kings eldest Son caterique BARONES OMNES ET NOBILES praedicto regi Angliae constanter sincerae fidei devotionis operibus adhaerentes in their memorable Letter and answer immediately before the battle of Lewes Simoni de Monte forti Gilberto de Clara caeterisque universis singulis perfidiae suae complicibus who accused them of giving neither good nor faithfull Counsel to the King in their Letter then sent to them write thus in order to a legal trial in the Kings Court of Parliament by their Peers De hoc autem quod falso nobis imponitis quod nec fidâ—le nec bonum consilium regi Domino vestro damus nequaquam verum dicitis Et si vos domine Simon de Monte forti vel Gileberte de Clara velitis hoc idem IN CURIA DOMINI REGIS ASSERERE parati sumus securum veniendi ad dictam CURIAM procurare conductum nostrae super hoc innocentiae veritatem vestrum sicut PERFIDORUM PRODITORVâ—M mendacium declarare per ALIOS misprinted in some Copies alium NOBILITATE ET GENERE VOBIS PARES not parem relating to that of Magna Charta c. 29. Per legale judicium PARIUM SUORUM by which Peers only are legally triable In the year of our Lord 1265 being the 49 year of Henry the 3 his reign the Earl of Leicester Simon de Montefort and sundry other of the Barons being slain and the rest of them totally routed in the Battel of Evesham by Prince Edward thereupon the King being rescued out of their hands and restored to his royal authority summoned a Parliament at Winchester on the Nativity of the blessed Virgin In which Parliament REX ET REGNI MAGNATES ORDINARVNT as Mat. Westminster relates quod diâ—iores Civitatis Londinensis in carcerom truderentur quod Cives Civitas Londinensis Nota suis antiquis Privilegiis libertatibus privaretur OB SUAM REBELLIONEM quod stipites cathenas quibus Civitas fuerat roborata de medio tollerentur PRO EO QUOD Simoni de Montiforti Comiti Leicestriae IN REGIS CONTEMPTUM ET ETIAM DAMNUM REGNI FORTITER ADHAESERANT Capitunei etiam factionis contra Regem juxta voluntatem ejus plâ—ctendi carcere manciparentur Quod totum factum est Nam potentiores Civitatis apud Castrum Windesoram Carceri fuerunt mancipaâ—i qui post modo poena pecuniaria ad summam non modicam mulctabantur Libertas fuit civibus interdicta Turris London per stipites Cathenas Civitatis fortiâ—r facta Post hoâ— aprid Westmonasterium in festo Translatioâ—is Sancti Edwardi there was another Parliament held at London summoned by this Writ yet extant on Record Henricus Dei gratia Rex Angliae c. Cum post gravia turbationum discrâ—minadudum habita in regno nostro Carissimus filius Edwardus primogenitus noster pro pace in regno nostro assecurenda et firmanda obses traditus extitisset et jam sedata Benedictus Deus turbatione praedicta super deliberatione ejusdem salubriter providenda et plena securiâ—aâ—e et tranquillitate pacis ad honoâ—em Dei utilitatem totius regni nostri firmanda et totaliter complenda ac super quibusdam aliis regni nostri negoâ—â—is quae sine Consilio vestro et aliorum Praelatorum et Magnatum nostrorum nolumus expediri cuâ— eisdem traâ—tatum nos habere oportet Vobis mandamuâ— rogantes in fide et diâ—ectione quibuâ— Nobis teneminiâ— quod omni occasione postposita negotiis aliis praetertermissiâ— ad Nos Londoniis c. Nobiscum et cum Praedictis Praelatis et Magnatibus nosâ—ris quos ibid. vâ—c râ—cimus supeâ— praemiâ—is istis tracâ—a uri et Consil impensuri Et hoc sicut Nos et honorem nostrum ac veâ—â—rum necnon et communem regni nostri tranquillitatem diligitis nullatenus omittatis The Teste of this Writ to the Bishops bears date of Winchester where the former Parliament was held Decemb. 14. the Writs to the temporal Lords Abbots and Peers bâ—ar date at Woodstock the 24 of this Month there being no lesse than 64 Abbots 36 Priors the Master of the Temple and 4 Dears of Cathedral Churches summoned thereunto besides Knights and Burgesses now first summoned to that Parliament to settle peace most of them being VOLUNTARIE SUMMONITI and not bound of right to come not holding of the King by Barony In this Parl. by judgement of the King and Lords SENTENTIA EXHAEREDATIONIS IN REGIS ADVERSARIOS FEREBATUR '
omnes qui contra Regem cum Comite Simoni ' steterunt exhaeredicabantur quoram terras Rex suis sideli bus tradidit sineâ— mora pensatis meritis singulorum The Execution of this Sentence appears in the Patent Roll of 50 H. 3. m. 10. Schedula Where the Lands and Menors of Simon de Montfort and other Rebels adhering to him against the King are confiscated to the King and granted by him to sundry others there mentioned as the Lands of the Barons adhering to King Lewis against King John their native Soveraign were in like manner forfeited to and granted by him Claus 17 Johan Regis dors 7 10 11. By these two last Parliamentary presidents and proceedings against the Londoners Simon Montfort the Baronâ— and aâ— other his Confederates whether Peers or Commoners in case of Treason and Rebellion against the King to the forfeiting of their antient Customs and Liberties imprisoning and fining of their persons confiscation of their goods disinheriting them of their Lands and Freeholds by judgment and â—entence of the King and Lords it is undeniable that the King and Lords have an antient undoubted right to judge and censure both Peers and Commoners too in Parliament in cases of Treason and other misdemeanours there properly triable In the year 1266. King Henry the 3d. REGIONIS NOBILES assembling together at Westminster at Christmas to treat about setling the Peace of the realm after the accustomed manner there issued out an Edict against Earl Ferrers who was perpetually depriâ—ed of his Earldom according to the form of his Obligation for his Treason and rebellion against the King and Edward the Kings son was put in possession of two Counties or Earldoms to wit Derby and Leicester The same year after divers skirmishes between the disinherited Baroâ—s and persons and the Kings forces to settle a firm peace upon the Legates motion there was another Parliament held at Kenelworth wherein by the accord and consent of the King and Lords the persons disinherited whose Lands the King had confiscated for their Treason and Rebellion in the two former Parliaments were notwithstanding admitted upon their submission to the King for reasonable fines and compositions reduced to a certainty by Bishops and other Lords Commissioners both to their Pardons Liberties Charters and Inheritanceâ— 3. only excâ—pted their fines not exceeding 3. years value nor to be under one without any imprisonment or loss of Memberâ— as you may read at large in the accord between them and the King at Kenelworth printed in the Statutes at large See Par. 50 H. 3. dors 9. the Patent Charter and Claus Roâ—s of 50 51 52 53. of Henry the 3. and Claus 4 E. 1. m. 15. dâ—rso In the Parliament of 21 E. 1. John Archbishop of Yorke was impleaded and complained against for excommunicating the Bishop of Durham being juxta latus Regis per ipsius praecepâ—um against the dignity of the King and for imprisoning William of Willicon and John Rowman two of the Bishops servants in the Castle of Durham being excommunicated by him in his Ecclesiastical Court for the Wardship of certain Lands to which the Archbishop pretendâ—d a Right the Custody of which lands being a Temporal matter belonged not to Ecclesiastical cognisance The Archbishop protesâ—ing that although he ought not to answer for this matter in the Court of our Lord the King yet he was willing to answer And thereupon allegeth that the Bishop of Durham was his Subject and Suffragan and shews the whole matter and manner of the proceedings against him and his Servants in his Court and justifies the same To which Richard de Breelwell who prosecuted for the King answered that the Bishop of Durham was to be considered in a twofold estate one as a Bishop the often as an Earl in respect of his Temporalties and Tenements In which lâ—ter respect he was not subject to his Archiepiscopal Jurisdiction to which the Archbishop replied After much and â—ong debate it was adjudged and resolved by the Lords in Parliament that for this offence the Archbishop should be committed to prison and likewise agreed that in like cases it should ever be so this his Excommunication of them in his Ecclesiastical Court for a temporal matter being an high contempt against the King to the disinherison of his Crown and dignity Moreover he was adjudged to make his submission to the King and to pay a fine of 4000 maerks to the King for this offence The Archbishop hereupon makes his submission aend after much mediation to the King by his friends his imprisonment was remitted but the King would not abate one penny of his sine for the due payment whereof he was enforced presently to enter into a Recognisance and so dismissed The Record is very long worthy perusal but this is the summary of it Anno 1283. after the feast of St. Michael in PARLIAMENTO tento Salopiae David quondam frater Lewlini Principis Walliae per Potentiores Angliae judicatus judicialiter condemnatus ad caudas equorum per municipium Salopiae tractus et suspensus est visceribusque combustis corpus capite truncatum in quatuor partes est divisum quibus in Civitatibus Angliae Nobilioribus suspensis caput Londoniis super palum fixum est ad terrorem consimilium proditorum King Edward the 1. Ann. 1297. the 14. of his reign holding a Parliament at St. Edmonds where there was granted him an 8. part of the goods of Cities and Boroughs and a 12. part of the rest of the people the Clergy by reason of the Constitution of Pope Boniface made that year prohibiting under pain of Excommunication that no Taxes nor exactionâ— should by any means be exacted from the Clergy by secular Princes or payd by them of the goods of the Church denyed the King a Subsidy which he demanded of them to maintain his wars Whereupon the King that they might deliberate of a better answer deferred the business to another Parliament to be held at London the next day after St. Hillary An. 1298. The Parliament then assembling the Clergy therein persisted in their denyal of a Subsidy upon the foresaid ground The King thereupon by his Nobles advice excluded them from his protection and prohibited any Lawyers to plead for them in the Exchequer or before any other Regular Judge as being unworthy of his peace and seised all the goods movables and immovables of Clergy men found in Lay fees and confiscated them To redeem which Protection many of the Clergy by themselves and many by Mediators afterwards gave the King a fift part of their goods The King finding the Archbishop more rigid than the rest seised all his lands and commanded all his debts found in the Rolls of the Exchequer to be speedily levied on his goods For the same Archbishop by the assent of the Clergy had procured from the Pope an Inhibition Ne quis Clericorum Regi respiceret de bonis Ecclesiae The
Earl of Ireland Mâ—chael de la Poole Earl of Suffolk Robert Tresylam Chief Justice Nicholas Bramber Knight and other of their adherents of High Treason against the King and his Realm The Articles they exhibited against them were 36 in number at large recorded in Henry de Knyghton de Eventibus Angliae l. 5. col 2713. to 2727. with the whole proceedings thereupon for which many were attainted condemned executed BY JUDGEMENT OF THE LORDS notwithstanding the Kings intercession for some of them to the LORDS they are likewise mentioned in the printed Statutes at large of 11 R. 2. c. 1 3 4. in Walsingham Hist Angliae p. 359 to 367. and other vulgar Historians I shall therefore for brevity refer you to them Exactum est juramentum a rege ad standum REGULATIONI PROCERUM et non solum a rege sed a cunctis regni incolis idem juramentum est expetitum In the Parliament of 14 R. 2. n. 14. The King and Lords without the Commons declared That in the 7 year of this King the Earldom of Richmond with the appartenances WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King by reason of the adherence of John Duke of Britain then Earl of Richmond to the French against his allegiance to the King and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain causes known to the King and LORDS but was now inrolled and the lands granted to the Earl of Westmerland which King Henry the 4th would not revoke upon the Commons Petition to restore them to the Duke 1 H. 4. rot Parl. n. 78. In the Parliament of 17 R. 2. n. 11 Richard Earl of Arundel in the presence of the KING and LORDS accused the Duke of Lancastre of 5 particular misdemeanors In which when the King had justified him it was awarded by the King BY THE ASSENTS OF ALL THE LORDS that the Earl should in full Parliament make a formal submission to the Duke and crave pardon for his false accusation In the Parliament of 21 R. 2. rot Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason for procuring the Duke of Glocester and others there named to accroach to themselves regal power and execute the Commission of 10 R. 2. when he was Chancellor praying that he might be kept under safe custody with a protestation of making for her accusations during the Parliament against him and others After which they prayed the King to give judgement against the Archbishop according to his desert who submitted himself to the Kings mercy Whereupon the KING LORDS and Sir Thomas Piercy the general Proctor for the Bishops in this case adjudged the fact of the Archbishop to be Treason and himself a Traytor and that thereupon he should be banished his temporalties seised and all his lands in proper possession or use together with his goods forfeited to the King and presenting the day and place of his departure into exile After this in the same Parliament of 21 R. 2. the Lords Appellant therein named accused the Duke of Glocester the Earls of Arundel and Warwick and others of High Treason for procuring the Commission in 10 R. 2. for raising forces and coming to the Kings person armed For accroching to themselves royal power and adjudging some to death and executing them as Traytors in the Parliament of 11 R. 2. For intending to surrender up their Homage and allegeance to the King and then to depose him and saying they had good cause to depose him c. Hereupon the Earl of Arundel being brought in custody to the Parliament before the Lords by the Kings command and assent of the Lords had his charge read and declared before him by the Duke of Lancaster Steward of England to which he pleaded his pardon which plea being disallowed because his pardon was revoked by this Parliament and he relying on it without any other plea the Lords appellants prayed judgement against him as convict of the Treasons aforesaid Whereupon the Duke of Lancaster by assent of the KING Bishops Earles and LORDS adjudged him convict of the Articles aforesaid and thereby a Traytor to the King and Realm and that he should be therefore hanged drawn and quartered and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King with all his goods and chattels But for that he was come of Noble bloud the King pardoned his execution of hanging drawing and quartering and granted that he should be beheaded which was accordingly executed the same day on Tower hill by the Marshal of England The 28. of September the Earl of Warwick was brought ao his Trial in the same manner as the Earl of Arundel who confessed all the Articles submitted to the Kings grace and had the same judgement pronounced against him in the same manner as the Earl of Arundel But the King at the Lords Appellants and others requests pardoned his execution granted him his life and banished him into the Isle of Man The Duke of Norfolk by assent and Act of Parliament was tried in a Court Martial by the King Lords and some Knights for words spoken against the King and judgement was there given that he should be banished into Hungary and his lands forfeited to the King Within one year after such is the vicissitude of all worldly honour and power in the Parliament of 1 H. 4. Plac. Coron n. 1. to 11. at the prayer of the Commons the great Lords Appellants Edward Duke of Albemarl Tho. Duke of Surry John Duke of Exeter John Marquess Dorset John Earl of Salisbury and Thomas Earl of Glocester were all questioned and brought to their several answers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament they made their several answers and excuses thereunto whereupon the King and Lords after consultation thereupon ADJUDGED that the said Dukes Marques and Earls should lose their several Titles and Dignities of Dukes Marquess and Earls with all the honor thereunto belonging and that they should forfeit all the Lands and goods which they or any of them had given them at the death of the Duke of Glocester or since and that if they or any of them should adhere to the quarrel or person of King Richard lately deposed that then the same should be Treason The which Judgement was pronounced against them by William Thurning Chief Justice of the Kings Bench in Parliament by the Kings command but in the Parliament of 2 H. 4. rot Parl. n. 33. upon the Petition of the Lords and Commons to the King the Earls of Rutland and Somerset were pardoned and restored by the King in Parliament In the Parliament of 2 H. 4. n. 14. the Bishop of Norwich was accused by Sir Thomas Erpingham the Kings
Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
committed to the Tower of London The 7 day of February the Commons by William Trussel their Speaker brought up and presented to the King and Lords in the Lords House a Bill against the said Duke containing an impeachment of several High Treasons committed by him against the King requiring of the Lords all their Articles therein to be enacted with prosecution therein The 9. of March they exhibited new articles of complaint against the Duke comprising sundry misdemeanors against the king and other persons which they require might be enrolled and that the Duke might answer to them The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber before the King and Lords where the Articles were rehearsed to him who desired Copies of them which was granted And he for more ready answer was committed to certain Esquires to be kept in the Tower within the kings palace The 14 of March the Duke appeared before the K. Lords where on his knees he denied as untrue the 8 Articles of Treason and the same offered to prove as the King shall appoint The Chief Justice thereupon by the kings command asked this Question of the Lords what advise they would give the King what is to do further in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17 of March the king sent for all the Lords Spiritual and Temporal then being in Town being 24 in all into his Inner Chamber within his Palace of Westminster where when they were all assembled he then sent for the Duke thither who coming into the Kings presence kneeled down and continued kneeling till the Chancellor of England had delivered the kings command to him and demanded of him what he said to the Commons Articles not having put himself upon his Peerage Whereupon the Duke denied all the Articles touching the kings Person and state of the Realm as false and scandalous And so not departing from his said Answers submitted himself to the kings Rule and Governance without putting himself upon his Peerage Where thus the Chancellor told him That as touching the great and horrible crimes contained in the first Bill the king holdeth him neither declared nor charged And as touching the second Bill containing misprisions which are not criminal the king by force of his submission by his own advice and not reporting him to the advice of the Lords nor by way of judgement for he is not in place of judgement putteth you to his Rule and Governance that before the first of May next coming he should absent himself out of the kingdom of England and all other his Dominions in France or elsewhere and that he nor no man for him should shew or wait any malice nor hate to any person of what degree soever of the Commons in the Parliament in no manner of wise for any thing done to him in this Parliament or elsewhere And forthwith Viscount Beaumont in behalf of the said LORDS both spiritual and Temporal and by their advice assent and desire said and declared to the Kings Highness That this that so was decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and Counsels but was done by the Kings own demeanoir and rule Wherefore they besought the King that this their saying might be enacted in the Parliament Roll for their more declaration hereafter with this protestation that it should not be nor turn in prejudice nor derogation of them their heirs ne of their successors in time coming but that they may have and enjoy their liberty as they or any of their Ancestors and Predecessors had and enjoyed before this time This is the sum of this large Record which makes nothing to the purpose for which Sir Edward Cook cites it in his 4 Institutes p. 25. That it is ERROR when both Houses joyn not in the Judgement For first here is nothing but an impeachment only by the Commons of a Peer who ought to be tryed judged only by his Peers not by Commoners Secondly there was no judgement given in Parliament in this case but only a private Award made by the King out of the Parliament House in his own Chamber in presence of the Lords Thirdly the Lords entred a special protestation against it as not made by their advice or consent Fourthly they enter a special claim in the Parliament Roll for the preservation of their Right and Freedom of Peerage for hereafter both of being tried and judged only by their Peers in Parliament and so an express resolution that the Peers in Parliament are and ought to be Judges especially of Peers not the Commons These Records of these cited at large lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Readers In the Parliament of 31 H. 6. rot Parl. n. 28. Thomas Earl of Devonshire was accused of Treason tried for and acquitted thereof by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the loyalty of the said Earl to be touched thereupon the said Earl protesting his Loyalty referred himself to further Trial as a Knight should doe upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject Edward Duke of York with the Earls of March Warwick Salisbury Rutland John Lord Clinton and others were impeached and attainted by Judgement of the Lords in Parliament of High Treason for raising forces and levying war against King Henry the 6. and afterwards attainted by Bill in the Parliament of 38 H. 6. n. 7. to 26. In the Paâ—liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter Viscount Beamont the Earls of Pembroke Wilts and Devonshire the Lords Nevil Roos Gray Dacre Hungerford and others were first attainted and condemned of High Treason by THE LORDS and after by Bill for levying warr against King Edward the fourth The Duke of Somerset and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford with others in the Parliament of 14 E. 4. n. 34. to 41. were in the same manner for the same offence attainted of High Treason and their Lands forfeited To pretermit all other Attainders of this Nature in cases of High Treason in the reigns of Henry the 8. Edward the 6. Queen Mary Queen Elizabeth and King James both in our English and Irish Parliaments formerly touched p. 196 197 198 199. In the Parliaments of 18 21 Jacobi Sir Francis Bacon Viscount St. Alban Lord Chancellor of England and the Earl of Middlesex Lord Treasurer of England were impeached accused convicted of Bribery Corruption and other misdemeanors removed from their places fined Middlesex 50000 l. imprisoned made uncapable of any Office and thus censured by Iudgement of the Lords house as the Journals of those Parliaments
shall prove by most clear and infallible evidences and presidents as well antient as modern Our Noble King Alfred as he ordained for the good estate of the Realm that the Earls and Noble thereof by a perpetual custom should twice every year or oftner in times of Peace assemble together in Parliament at London to govern the people of England and keep them from sinne as Andr. Horn informs us in his Mirrour of Justices c. 1. p. 10. So the same Author records c. 5. p. 296 297 c. That this royal Justiciary who took a short account each year of all his Judges proceedings in his Parliaments condemned and hanged up in one year about An. 890 as I conjecture no lesse than 44 of his Judges and Justices as Murderers for executing his Subjects and putting them to death against Law without any legal cause or sufficient evidence or tryal by a Jury of their Peers and imprisoned fined punished others of them in the self same kind as they had injuriously imprisoned fined and punished his Subjects against Law and that no doubt by the advise and assent of his Nobles in Parliament upon complaint of their injustice and corruption the proper Court for punishment of such Offenders whose names and causes recorded at large by this Author shew them to be all Commoners and no Peers of the Realm Anno 1096. William de Anco and William de Alderi were hanged for Treason against William Rufus by judgment of the Lords in a Parliament at Salisbury King Henry the 2. Anno 1166. holding a Council at Oxfâ—quidam pravi dogmatis seminatores tracti sunt IN JUDICIUM praesente Rege et Episcopis Regni quos à fide Catholica devios et in examine superatos facies cauteriata notabiles cunctis exposuit qui expulsi sunt à regno These Hereticks thus branded in the face and banished the Realm by the judgement of the King and this Council ae Nubrigensis informs us were above 30. men and women who came out of Germany into England under one Gerard their Captain stiled Publicans who went about the Country to spread their errors but at last being detected they were apprehended and cast into prison and then brought before the King and a Council of his Bishops where being convicted of Heresie they were adjudged by the K. to be publikely whipped branded in the face and then banished the Realm Hujus severitatis pius rigor non peste illa quae jam irrepserat Angliae regnum purgavit verum etiam ne ulterius irreperet incusso haereticis terrore praecavit as Nubrigensis observes In the year 1224. the 8. of King Henry the 3. his reign the King requiring a restitution and resumption of his Castles and Lords detained from him by some Nobles and others who at last for fear of the Bishops excommunication against such as detained them and disturbed the peace of the Realm and also of the Kings power and justice much against their wills reddiderunt singuli Castella et municipia et honores et custodias Regi quae ad coronam spectare videbantur Thereupon Falcatius de Breut a Norman born a Soldier under King John in the Barons wars trusting on the Kings and other great mens favors fortified the Castle of Bedford situated on another mans ground and presuming on his friends and his own military power and wealth gained in the wars he feared not violently and unjustly to take away the Freeholds lands and possessions of divers of his neighbours and more epecially he disseised 52. Freemen in the Manor of Luiton of their Freeholds and Tenements without judgement and appropriated their Common pastures to himself Whereof complaint bing afterwards made to King Henry the 3. Anno 1224. the King assigned Martin de Pateshulle Thomas de Multon Henry de Braibroc and certain other Justices to take the recognition of the parties complaining of these disseisins by an Assise of Novel disseisin and to do them Justice Who having received their recognitions according to custom the said Falcatius was condemned to pay them costs and damages for the spoils done in the said Tenements to which the Plaintifs were judicially restored Which Falcatius taking very impatiently being likewise amerced one hundred pounds to the King for every of the said Tenements for his forcible entry into them he in a great fury commanded his Garison souldiers in the Castle of Bedford to march armed to Dunstaple where the Justices Itinerant sate and gave judgement against him and to take and bind them in chains and carry them to Bedford Castle and there detain them close prisoners in the Dungeon The Justices having notice thereof fled thence with all speed some one way some another but Henry de Braibroc flying was at unwares taken by the Souldiers who used him very inhumanly then carryed him prisoner to Bedford Castle and there kept him prisoner King Henry at that time was at Northampton where he held a Parliamentary Council Cum Archiepiscopis Episcopis Comitibus Baronibus et aliis multis de regni negotiis tractaturi voluit erim Rex uti consilio MAGNATUM SUORUM de terris transmarinis quas Rex Francorum paulatim occupaverat but it hapned otherwise than he hoped For the rumor of this act of Falcatius being divulged the wife of the said Henry Braibroc came to the King at Northampton et audiente univerâ—o Concilio de viro suo cum lachrymis querulans deposuit Quod Rex factum minus indigne ferens quaesi vit Consilium a Clero simul et Populo to wit the Spiritual and Temporal Lords Clerus Regni Populus when single being frequently used for the Lords Spiritual and Temporal both in Matthew Paris Hoveden Bromton and others not for the inferiour Clergy and Commons house not then in being as some Antiquaries mistake quid sibi super tanta injuria foret agendum At omnes una voce concilium Regi dederunt quatenus sine mora et omnibus aliis praetermissis negotiis in manâ— valida et armata ad Castrum praedictum procedens tantam temeritatem studeat vindicare Cumque Domino Regi placuisset SENTENTIA ipso jubente omnes ad arma quam citius convolantes ad castellum praedictum de Bedeford tam Clorus quam Populus pervenerunt The whole Parliament marching in person to execute this their Sentence upon these transcendent military Malefactors Hereupon the King sending Messengers to the Commanders of the Castle required entrance to be given to him and commanded Henry Braibroc his Justice to be rendered But William de Brent Brother of Falcatius and the rest within it answered the Messengers that they would not render the Castle nor Justice unless they had a command from their Lord Falcatius and especially for this reason quod Regi de Homagio vel fidelitate non tenebantur astricti With which answer the King being much incensed commanded the Castle to be presently encompassed with military
trenches and those within prepared to defend their walls and Bulwarks Then the Archbishop and all the Bishops with burning Papers smote Falcatius himself and all within the Castle with the sword of Excommunication The King commanded all warlike engines to be brought and gave many assaults to the Castle to win it by force since they refused to render it many were slain and wounded on both sides At last after many weeks siege the Kings soldiers entring the Castle by force those within it being unable to hold out any longer rendred themselves to the Kings mercy who putting them in close custody and chains commanded 24 of the Knights and Souldiers who stouted it most against him even when the siege was ended QVI OMNES SVSPENDIO ADJUDICATI SVNT to be hanged that day Matthew Westminster writes there were near one hundred of them hanged up Henry Braibroc being then restored to the King safe and sound rendred him many thanks In the mean time the King sent an armed Troop to seek out and apprehend Falcatius and bring him prisoner to him who having notice thereof fled into Wales for shelter The K. thereupon swore that if he took the Castle by force he would hang up all who were within it And withall seised upon all Falcatius his Manors Lands Corn goods and chattels throughout England as confiscated At last Falcatius hearing that the Castle was taken and his Brother and souldiers hanged came to the King to Bedford under the conâ—uct of Alexander Bishop of Coventry and there casting himself at the Kings feet humbly implored his mercy in respect of the many great and costly services he had done in his father and himself in time of warr Tum Rex per Consilium of his Nobles and Barons tradidit illum Casteliis Terris et rebus omnibus spoliatum sub custodia Euâ—châ— Londoni 〈◊〉 Eâ—iscopi donec quid de illo ageret esset sententialiter deâ—nitum Et sic quasi in momento idim Falcatius de duissimo pauperimus effectus multis et maxime nocentibus poterit fieri in exemplum Regi autem pro maximis laboribus et expensis in the siege of this Castle tam à Clericis quam à â—nicis concessum est per totam Angliam Carucagium de qualibet caruca duo solidi argenti MAGNATIBUS item concessit Rex scutagium scilicet de scuto quolibet duas marcas sterlingorum et sic omnes ad propria recesserunt Castellum quoque illud fecit Rex complanari et redigi in acervos A most memorable example of regal and Parliamentary Justice upon insolent contemners of Law Justice and Justices the whole Parliament turning Souldiers and continuing together at the Siege of this Castle above two Months space till they had taken the Castle and Malefactors by force and done execution on both And an eminent president of the Ks. Lords Jurisdiction in causes both of Commoners and Souldiers as well as Peers and Nobles Henry de Bathonia a learned Knight most skilfull in the Laws of the Realm one of the Kings Justices and special Counsellors in the year 1251 the 35 of Henry the 3. was most grievously defamed and accused of bribery and corruption in the Office of his Justiceship wherein he feared not treacherously to empty other mens purses to fill his own growing thereby in a short time extraordinary rich in Rents Monies Gold and Silver being instigated thereunto by his wife whereby adeo turpibus per fas et nefas emolumentis inhiabat ut in una sola itinaratione Justiciaria dicebatur plusquam ducentas libratas terrae sibi appropriare Whereupon appellatus est de infidelitate et proditione by Philip de Arci Knight coram Rege et Curia Regis And attached for to answer it John Mansell the Kings Chief Justice profered to bayl him and to be his Manucaptor ut staret Justitiae but he could not be heard the King being so incensed that he answered he would take no Clergy-man for his bayl in such a case reputing it to be HIGH TREASON at last by the Bishop of Londons others mediation intercession he was bayled by 24 Knights and delivered to their custody pro ipso Hen. responsionem justificationem rite et judicialiter statuto termino facturum After which by gifts and large promises he earnestly sollicited his friends to intercede for him with the King â—nd procure his pardon or else if they could not effect it to stand constantly for him in the day of peril armis si necesse sicut et equis communiti which they by unanimous consent promised to doe The King being privily informed thereof majori iracundia accensus omnia munera et verba reconciliationis praecise refutabat jurans quod per medium judicii districti necessario fuerat transiturus Upon this he by intreaties and gifts procured Earl Richard to mediate to the King for him adjungens sub tremendi judicii attestatione quod si Dominus Rex mortem suam imo etiam exhaeredationem procuraret totum regnum in ipsum Regem insurgeret tota perturbaretur quod si fieret cum sub sint aliae causae maxime alienigenarum injustae dominationes Anglorum oppressiones non sedaretur schisma ventilatum The Earl hereupon most effectually interceded for him and the peace of the Realm but could not mitigate the Kings wrath and indignation In March there was a great Parliament held at London where Henry was appointed to appear and answer who came thither guarded with a great multitude of Souldiers of his Wives and his own kinred and friends Whereupon the King being highly incensed he was on every side grievously assaulted and accused by his adversaries and by the King more heavily than the rest imponens eidem inter caetera quod totum regnum perturbavit et Barnagium universum contra ipsum Regem exasperavit unde seditio generalis imminebat Fecit igitur acclamari voce praeconia Londini et in curia ut si quis aliquid habere actionis vel querelae adversus Henricam de Bathonia veniret ad curiam ante Regis praesentiam ubi plene exaudiretur Insurrexerunt igitur multi queruli contra eum ita quod unus etiam sociorum suorum scilicet Justitiarius palam protestaretur quod unum facinerosum convictum incarceratum abirâ— permisit impunitum sine judicio opimis respectus muneribus quod factum est in Regis praejudicium Justitiariorum comitum suorum periculum et discrimen Rex igitur magis inde provocatus ascendit superius exclamavitque dicens Si quis Henricum de Bathonia acciderit quietus sit a morte ejus quietum eum protestor sic propere recessit Rex Et fuerunt ibi multi qui in ipsum Henricum hostiliter irruissent nisi Domini Johannis Mansel prudentia eorum impetum temperans refranasset Dixit enim Domini mei et amici non est necesse quod in iuâ—a praprepere dicitur prosequamur Poenitebit forte
dominum nostrum jam elapso irae tempore haec innotuisse Praeterea si aliquid â—iolentiae ipsi Henrico intuleritis ecce Episcopus Londinonsis qui spiritualem et alii amici ejus militares qui vindictam exercebunt materialem et sic in magna parte cessavit Extunc igitur procurante efficaciter Comite Richardo et Episcopâ— memorato mitius actum est cum eo Dictum enim est domino Regi secretius quod mirum est quod aliquis ei curat servire cum eis post ministerium etiam mortem nititur inferre Promissa igitur quadam pecuniae summa a mortis discrimine recessit liberatus After which he paying to the King 2000 marks for a fine and being reconciled to the King ad Curiam est reversus immemor laqueorum quos evaserat Here we have 1. A corrupt Judge accused of bribery by others and by the King of rebellion and sedition and that before the Lords in Parliament 2ly A Proclamation for all that were grieved to complain against him 3ly A rash unjust sentence given against him by the King himself for any man that would to kill him with impunity 4ly the Lords opposition and contradiction of this sentence and its execution as unjust and dangerous 5ly A remission of his sentence by the Lords mediation and a fine imposed and paid to the King for his offences In the 49 year of King Henry the 3. at the Parliament held at Winchester divers Commoners as well as Lords were attainted and condemned of High Treason for levying war against the King their persons imprisoned their lands and goods confiscated and the liberties of the City of London forfeited by judgement of the Lords Anno â—290 King Edward the 1. held a Parliament at London at which time Rex auditis multorum queremoniâ—â— fere Justiciarios omnes de falsitate deprehensos a suo Officio deposuit puniens eos juxta demerita grâ—vi mâ—a by the advice of his Lords in Parliament It appears by the Clause Roll of 5 E. 2. m. 22. dorso and Rot. Finium 5 E. 2. m. 11. in Schedula that in a Parliament held at Stamford 3 E. 2. the Commons of England exhibited sundry Articles of complaint to the King Amongst others that they were not used as they ought to be by THE GREAT CHARTER in taking Prises and Purveyances without mony c. That the King by his Ministers took ijs of every Tun of wine and ijs a cloth from Merchants aliens and 3 d. pur aver de poys to the damage of his people and hinderance of trade which new Impositions being against Law the King promised to redress for the future and to content himself with the Prises and Customs antiently due They likewise complained of the abuses oppressions and extravagances of Purveyors Constables of Castles and Escheators and abuses of Protections and Pardons granted by the King to Murderers and other Malefactors to their incouragement whereto redress was promised In their 6. Article they complained That the Knights Citizens and Burgesses of Parliament came up with divers Petitions for matters not remediable at the Common Law and could not finde to whom to deliver them Whereunto was answered The King willed that in his Parliaments for time to come certain persons should be appointed to receive Petitions and that they should be delivered TO HIS COUNCIL as was used in the time of his Father and examined and answered by him with their advice Whence we find in all our Parliament Rolls ever since in the beginning of every Parliament certain persons nominated by the King and Lords being Members or Assistants of the Lords house to receive the several Petitions of England Ireland Scotland Gascoigne Iersey Gernsey Alderney and other Isles and other persons of the LORDS House appointed to trie examin and answer them in the Kings name and behalf as he by their advice shall think meet and sundry Petitions of Grievances of all kinds presented to them and answered accordingly by the King and Lords in every Parliament as well by the whole house of Commons as by particular Counties Cities Corporations and private Persons a most clear Evidence that the King and Lords are the sole Judges of all criminal and civil causes and Grievances of the Commons in Parliament since they thus constantly petition them for redress and that the Commoners are only Petitioners not Judges as the Parliament roll of 1 H. 4. n. 79. resolves in direct terms Claus 8 E. 2. m. 7. dors The Chaplains of the House of Converts exhibited a Petition in Parliament against Adam de Osgodby the Keeper thereof for putting them out of their lodgings and placing his Clerks therein they being founded by King H. 3. to pray and sing Masses for his and his ancestors Souls and not to lodge the Clerks of the Chancery Upon consideration of the Petition by the Lords and Councel in Parliament it was referred to the Chancellor to examin and determine tanquam principali Custodi omnium Hospitalium et Domorum de eleemosyna Domini Regis fundatorum ut ipfe inde faceret quod de jure esset faciendum He sends a Commission to the House to inquire the truth of the complaint and finds the Complaint unjust and that the Keeper of the House was falsly charged and that especially by William de Okelines being one of the Chaplins Whereupon consideratum est per Cancellarium quod Willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro falsâ— querela sua castigandus juxta discretionem dicti custodis Pasch 8 E. 2. Norfolk The Archdeacon of Norfolk was accused for citing the Countess of Warren being the Kings Neece and divorced from her husband to the damage of the King 2000 l. and it was adjudged by the Lords in Parliament against the Archdeacon quod nec citatio nec summonitio fieri debet versus eot qui sunt de sanguine Regis quia illis Major reverentia debita est and therefore he was fined About the year 1316. when the Northumberland Soldiers like some in this age raised against the Scots de tyronâ—bus facti sunt Tyranni de defensoribus destructores de propugnatoribus proditores c. one John Tanner said openly that he was heir of England Therefore at Northampton before the King and Lords he was proved false and hanged and drawn See more of him in Fabians Chronicle part 7. Anno 1314. p. 169. who relates that he reported he was son to King Edward the 1. but was stoln out of his cradle by a false nurse and Edward who was anothers son laid in the cradle for him and that he had a Fiend in form of a Câ—t whom he served 3. years which assured him he should be King of England In the Parliament of 18. E. 1. the Prior of Trinity in London and Bago de Clare were attached brought into the Parliament there
fined a 1000 l. to Edmond Earl of Cornwal and 2000 marks to the Abbot of Westminster and committed to the Tower of London by JUDGEMENT of the King Earls Barons and Iustices in full Parliament for citing and attaching the said Earl of Cornwal in Westminster hall to appear before the Archbishop sitting the Parliament whereof he was a Peer against his Privilege and the privilege of Sanctuary granted to the Abbot of Westminst and remained prisoners there till they put in Sureties and paid the 1000 l. fine to the Earl notwithstanding their plea of ignorance of these their Privileges In the Parliament of 4 E. 3. n. 2 3 4 5 6. Sir Simon Bereford knight John Mautravers Boso de Bayons John Deverall Thomas de Gournay and William of Ocle confederates with Roger Mortimer Earl of March in all his Treasons and misdoings for which he was then impeached and condemned and guilty of the murders of King Edward the 2. after his deposition in Berkley Castle and of the Earl of Kent his Brother were attainted and condemned of High Treason by the Lords Barons Péers in Parliament as Iudges of Parliament though they were Commoners and not their Péers whom they were not at all obliged to judge as Péers adjudging them by the Kings assent as Traytors and Enemies of the King and his Realm to be drawn and hanged Whereupon Sir Simon being in Custody was executed by the Marshal and Proclamation made by the Kings writs by the Lords order to apprehend the others with promise of great rewards to those who should apprehend them that they might be executed and if they could not take them alive to bring in their heads for which thty should receive the reward of 500 l. from the King It is true indeed that after these Judgements given the Lords the same Parliament entred this special Protestation in the Parliament Roll n. 6. against being forced to give Judgement in such cases against those who were not their Peers which Sir Edward Cook stiles an Act of Parliament though it be no such thing but a voluntary Protestation of the Lords with the Kings assent It is assented and agreed by our Lord the King and all the Great men in full Parliament that albeit the said Péers as Iudges of Parliament took upon them in the presence of our Lord the King to make and render the said Judgements by assent of the King upon some of those who were not at all their Peers and that by reason of the murder of our Leige Lord and destruction of him who was so near of the bloud royal and son of a King that thereby the PEERS which now are o◠the Péers which shall be in time to come shall not be bound or charged to render Iudgements upon others who are not their Péers nor yet to doe it but upon the Péers of the Land but that they shall from henceforth be for ever acquitted thereof And that the said Iudgements now rendered shall not be drawn into example nor consequence for time to come whereby the said Peers may be charged hereafter to adjudge others than their Peers against the Law of the Land if such another case should happen which God defend From this Protestation of the Lords which Lilburn principally insists on he and some others conclude that the Peers in Parliament have no right at all to imprison fine judge or pass sentence of death against any Commoner for any offence no not for breach of their own Privileges but only the Commons To which Objection I answer First that this is no Act of Parliam as Sir E. Cook mistakes but a bare Protestation of the Lords alone assented to by the King without the Commons assent which no wayes impeacheth the Lords right of judicature Secondly that neither the House of Commons nor the Commoners then attainted of Treason and adjudged to death by the Lords ever demurred or excepted against their Jurisdiction as Lilburn and Overton doe but acknowledged and submitted to it Thirdly That in this very Protestation the Lords profess and justifie their right of BEING JVDGES in Parliament without admitting or acknowledging any Joynt or sole right of Judicature with them in the Commons Fourthly That this Protestation was meerly voluntary not in derogation but preservation of their own Honour Right Peerage and the Parliaments privileges too The substance of it is no more than this That the Lords should not be constrained against their wills by the Kings command and in his presence to give judgement of death in ordinary cases of Treason or Felony in the high Court of Parliament or elsewhere out of it against such who were no Peers who in such cases by the Law might and ought to be tried in the Kings Courts at Westminster or before the Iustices of Oyer and Terminer by a Iury of their equals but only in cases which could not well be tried elsewhere and were proper for their Judgement in Parliament they fearing that by this president in Parliament they might be sworn and impannelled on Juries in cases of Treason committed by Commoners against the Great Charter c. 29. and the Privilege of their Peerage which exempted them being sworn or put into Juries as Fitz. Nat. brev f. 165.48 E. 3. f. 30. Exemption 6.48 Ass 6.27 H. 8. f. 22. b. This is the whole summ and sence of their protestation To argue therefore from hence That they cannot pass sentence or judgement against any Commoners in any case proper for their Judicature in Parliament because they protested only against being COMPELLED to give Iudgement against such as were no Peers in cases triable elsewhere and not proper for their tribunal as the Objectors hence conclude is quite to mistake their meaning end to speak rather non-sence than reason or Law Fifthly This Protestation was made only against the Lords giving sentence in Felony and Treason and that in the Kings own presence in Parliam who usually pronounced the judgment himself or by some other with the Lords assent did not charge the Lords to pronounce it as here not against sentencing fining imprisoning any Commoner for rayling and libelling against their Persons Jurisdiction and procedings or refusing to answer and contemning their Authority to their faces at the barr or appealing from their Judicature in case of breach of Privilege of which themselves alone and no others are or can be Judges the cases of Lilburn and Overton whose commitments are warranted by hundreds of Presidents in this and former Parliaments Therefore for them to apply this Protestation to their cases with which it hath no Analogy is a manifestation of their injudiciousness and folly rather than a justification of their Libellous Invectives against the Lords injustice Sixthly The Lords gave judgement against all these persons by the Kings command in their absence without any Indictment hearing Trial witnesses heard or examined against them face to face or due process or Law against the Great Charter
spiritual Cour◠for a temporal cause belonging to the Crown and Common Law which was adjudged by the Lords upon examination to be untrue To passe by the accusation of Sir Philip Courtney of divers hainous matters oppressions dissensions before the King and Lords in the Parliament of 16 R. 2. n. 6.13 14. of which more anon In the Parliament of 17 R. 2. n. 20 21. John Duke of Lancastre Steward and Thomas Duke of Gloucester Constable of England complained to the King that Sir Thomas Talbot Knight with other his adherents conspired the deaths of the said Dukes in divers parts of Cheshire as the same was confessed and well known and prayed That the Parliament might judge of the fault Whereupon the King and the Lords in Parliament without the Commons adjudged the said fact to be open and High Treason And thereupon they awarded two Writs to the Sherifs of Yorks and of Derby to take the body of the said Sir Thomas retornable in the Kings Bench in the month of Easter next ensuing And open Proclamation was made in Westminster Hall That upon the Sherifs retorn and at the next coming in of the said Sir Thomas he should be convicted of Treason and incurr the loss and pain of the same and that all such who should receive him after the Proclamation should receive the like losse and pain In the Parliament of 20 R. 2. n. 15 16 23. Sir Thomas Haxey Clark was by the King Lords in Parl. adjudged to die as a Traytor and to forfeit all his Lands Goods Chattels Offices and Livings for exhibiting to the House of Commons a scandalous Bill against the King and his Court for moderating the outragious expences of his Court by Bishops and Ladies c. Upon the Bishops intercession the King spared his life and delivered him into the custody of the Archbishop to remain as his Prisoner In the Parliament of 21 R. 2. n. 19 20. Pl. Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight of High Treason for raising war against the King accroaching royal power and purposing to surrender his homage and allegiance and depose the King Who flying into the parts of Ireland thereupon the Lords in Parliament assigned him a certain day to come and render himself to the Law or else to be adjudged and proceeded against as a Traytor and Proclamation thereof was made accordingly in England and Ireland to render himself within 3 months And that after that time all his Abettors and Aiders should be reputed for and forfeit as Traytors He not coming at the day The Duke of Lancaster Steward of England by assent of the Lords in Parliament adjudged him a Traytor and that he should forfeit all his Lands in fee and see tayl together with all his Goods and Chattels The like Judgement in like manner was in the same Parliament given against Sir John Cobham Knight for the like Treason Placit Coronaen 16. On the 22 day of March 22 R. 2. n. 27. The King by assent of the Lords adjudged Sir Robert Plesington Knight then dead a Traytor for levying war against him with the Duke of Glocester at Harrengary for which he should lose all his Lands in fee or fee tayl and all his goods And n. 28. Henry Bowht Clerk for being of Counsel with the Duke of Hereford in his device was adjudged by the King and Lords to die and forfeit as a Traytor after which his life was pardoned and he banished In the Parliament of 1 H. 4. n. 79. As the Commons acknowledged that the Iudgements in Parliament had always of right belonged to the King and Lords and not unto the Commons So therein the King and Lords alone without the Commons gave Judgement in sundry cases as Judges in Parliament 1. In Sir Thomas Haxey his case who in his own name presented a Petition in this Parliament a nostre tresedoute seigniour le ROY a LES SEIGNIORS DU PARLIAMENT shewing that in the last Parliament of 21 R. 2. that he delivered a Bill to the Commons of the said Parliament for the honour and profit of the said King and of all the Realm for which Bill at the will of the King he was by the King and Lords adjudged a Traytor and to forfeit all that he had praying that the record of the said Judgement with the dependants thereupon might be vacated and nulled by them in this present Parliament as erronious and that he might be restored to all his degrees farms estate goods chattels ferms pensions lands tenements rents offices advow sons and possessions whatsoever and their appurt and enjoy them to him and his heirs notwithstanding the said Iudgement or any grant made of them by the King The Commons House exhibited a Petition likewise on his behalf to the like effect adding that this judgement given against him for delivering this Bill to the Commons in Parliament was eneontre droit et la course quel avoit estre use devant in Parlement en anientesment des Customs de◠le◠Communes Upon which Petitions Nostre Seignior le ROY de Induis assent des touz les Seigniors esperituelz et temporelz ad ordinez et adjudges que le dit juggement renus vers le dit Thomas in Parlement soit de tout casses revorses repellez et adnullez et tenus pur nul force n'effect et que le dit Thomas soit restitut a ses nom et fame c. nient obstant mesme le juggement 2ly In the case of Judge Rickhill 1 H· 4. n. 92. On the 18 of November the Commons prayed the King that Sir William Rickhill late Just of the Common Bench arrested for a Confession he had taken of the Duke of Gloucester at Calice might be brought to answer for it devant les Seigniors du Parlement whereupon he was brought into Parliament before the Kings presence and all the Lords spiritual and temporal and Commons assembled in Parliament where Sir Walter Clapton Chief Justice of the Kings Bench by the kings command examined the said Sir William how and by what warrant he went to Calice to the said Duke of Glocester and upon what message Who answered that king Richard sent him a special Writ into Kent there recited verbatim commanding him by the faith and allegiance whereby he was obliged to him and under pain of forfeiting all he had to goe unto Caleys And that at Dover he received a Commission from the said king by the hand of the Earl Marshal to confer with the Duke of Glocester and to hear whatsoever he would say or declare unto him and to certifie the king thereof in proper person wherever he should be fully and distinctly under his Seal Whereupon he went thither and took the said Dukes Examination in writing according to the purport of the said Commission a Copy whereof the Duke himself received c Upon the hearing of his answer and defence
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
diu consultati sed inconsulti Equidem meum est posse et velle conferre gratiam cui voluero miserebor Nec propter vos amplius quam pro cane Quis in gratiam meam se submisit repulsam passus est Veruntamen vestrum judicium in scriptura redigatur et pro lege amodo teneatur Proinde dictus miles ad carcerem ducebatur ne impunitas armareâ— audaciam et rigor caeteris timorem incuteret contemnendi Et post paucos dies elaborantibus multis nobilioâ—ibus regni et ostendentibus se 30 suis paribus cinctis gladiis corpus pro corpore et bona pro bonis una in solidum quoquo die Rex eum vocaverit nec adesset liberatus est et per regem cunctis facultatibus suis restitutus So this Historian which compared with the Record infallibly proves that this resolution was given by the Earls Barons Lords and Judges advice who were the only aliorum de Concilio as assistants to the Lords then in all matters of Law as now they are not the Commons of which there is no mention in the records or this Historian that they were parties to it And this is likewise evident by the case of Margery the Wife of Thomas Weyland an abjured Judge in the Parliament of 19 E. 1. Cooks 1. Institutes f. 133. n. Where the Barons of the Exchequer and Justices of the Kings Courts were called to advise and assist the King and his Council of Lords in Parliament in a difficulty of Law therein to be resolved by their advice And therfore it follows that the LORDS ONLY IN THAT AGE were the Judges even of Commoners cases Thirdly Admit the Commons were included yet it proves only a right of advising and delivering their opinions with the Lords when required by the King not of judging or pronouncing sentence Fourthly Sir Edward Cook citing this president to prove That both Houses together have power of judicature must grant that even in 33 E. 1. there were two distinct Houses of Parliament who upon special occasions as now at conferences c. met and advised together and therefore the division of the Houses was before Edward the third his reign and very probable as antient as the summoning of Knights Citizens and Burgesses to the Parliament which some make as antient as King Henry the first or King Henry the 2. others not before King Henry the third in the 49 year his reign Father to King Edward the first So as this president makes quite against the Levellers and Lilburnians designs and opinions The 3 and 4. Presidents are those of Hugh Audley his Wife Claus 12 E. 2. m. 5. of Gaverston and the two Spencers Exiles 15 E. 2. forecited wherein the Commons gave their assents to the attainders and exiles of Gaverston and the Spencers and to the reversal of them But this I have already proved to be only by way of Bills not judicature by the legislative not judicial power of Parliament and that they were judicially condemned only by the Lords therefore these are nothing to the purpose and against the Objectors The 5. and 6. are the depositions of King Ed. the 2. and Richard the 2. for their mis-government wherin the Commons had a joynt vote and concurrence with the Lords which I shall hereafter answer in the supplement p. 429. to 460. The seventh President is that of Eliz. Burgh Widow in the Parliament of 1 E. 3. rot Parl. n. 11. who complained by Petition to the King that in the reign of King Edward the 2. she was by his Writ commanded to come unto him to Yorke and there by Hugh Spencer the younger and Robert Baldock and William Cliff his instruments inforced by duresse to enter into an Obligation to this effect that if she received any who were contrary to the King or maried any man without the Kings consent or if she gave any lands or tenements which she held in fee or in dower to any man living without the Kings license that for any of these she should forfeit all her Lands Tenements Goods and Chattels to the King as appeared by the transcript of the Bond annexed to her Bill whereupon she prayed Grace and remedy against this duresse and acquittance of our Lord the King from this Obligation Hereupon a Writ was sent to the Clerk of the Privy Seal in whose custody the Obligation was to bring it without delay Coram Concilio nostro in Parliamento ad faciendum inde ulteriut quod per idem Concilium nostrum contige it ordinari which being brought and delivered accordingly the 5 of March and deliberately read in full Parliament and agreeing with the transcript annexed to her Petition in all things Pur ceo que avys est as Archievesques Evesques Counts BARONS auires Grandes et a TOVTELA COMMONALTIE de la terre que lo dit escrit est fait contre ley de la terre enconter tout manere de reason si fuist le dit escrit PER AGARD DEL PARLIAMENT dampne illeoques livera ala dit Elizabeth I answer 1. That this judgement was given only in a civil case touching an Obligation made by duress not in a criminal 2ly That this Petition was directed only to the King and his Council not to the Commons in Parliament and the businesse heard before them 3ly That this being a Common case there being then many Petitions and complaints that Parliament of bonds of this nature the Commons joyning with the King and Lords in this judgement of Parliament in her case was only by way of Bill not in an ordinary way of judgement they exhibiting passing a Bill for that purpose as well as a Petition as is clear by the words of the Roll and by the printed Statute of 1 E. 3. c. 3. That fines sales and gifts of land and recognizances of debt made by force and duress to this Sir Hugh Spencer Robert Baldocke c. or to any of them be defeated And Parl. 2. ch 15. Whereas many of the Realm in the time of the Kings Father that now is by means of his false and evil Counsellors have been excited by divers to bind themselves to come to the K. with force and arms whensoever they should be sent for upon pain of life and limb and to forfeit all that ever they might forfeit by vertue of which writings divers of his land have been often destroyed The King considering that such writings were made to the Kings dishonour sithence that every man is bound to doe to the King as to his Liege Lord all that pertaineth to him without any manner of writing will that from henceforth no such writing be made And that such as be made by the sight of the Chancellor and Treasurer shall be shewed to the King and the K. shall cause all such as be made against right reason to be cancelled So that this main president meerly falls to the ground being
presidents are but few never judicially argued and rather connived at than approved by the King and Lords taken up with other more publike businesses therefore passing sub silentio they can make no Law rule or right as is resolved in Long. 5 E. 4. f. 110. Cooks 4. Reports f. 93 94. Slades case 6 Report f. 75. Druries case 5ly There are many express antient Presidents Statutes Judgements in most former Parliaments to the contrary sundry of them upon the Commons own Petitions and complaints which will over-ballance and controll these few late Presidents warranted by no old Records or Statutes whatsoever but contradicted by the constant practice of former ages To clear which truth beyond contradiction I shall shew you the very Original of the Commons summons to Parliament by the Kings writs out of meer grace not antient right or custom with the several varieties of Writs Statures touching elections of Knights Citizens Burgesses and chief cases resolved in Parliaments touching Elections breaches of Privileges relating to Members or their menial Servants that I finde upon record which will abundantly clear this point and refute these irregular puny presidents The original of our Parliaments as now constituted of King Lords and Commons is by several of our Historians Antiquaries and Writers referred to the 16. or 17. year of King Henry the 1. or at least to Henry the 2. his reign which I have already refuted by a particular list of all the Parliaments under them Yet many of this opinion affirm that the Commons were not constantly summoned to our Parliaments but only the Lords Spiritual and Temporal before the 49. of King Henry the 3. and beginning of Edward the 1. his reign neither had they a Speaker till 51 E. 3. Therefore no power of Judicature over their Members The first Writ I finde extant that savors of summoning Knights to Parliament is that in the 15. year of King Iohn wherein this King sent a Writ to the Sherif of Oxon in these words Rex Vicecomiti Oxon salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in 15. dies venire facias cum armis suis Corpora vero Baronum sine armis singulariter et IV. DISCRETOS MILITES DE COMITATU TUO illuc venire facias ad Nos ad eundem terminum AD LO QUENDUM NOBISCUN DE NEGOTIIS REGNI NOSTRI Teste meipso apud Witten 11 die Novembris Eodem modo scribitur omnibus Vicecomitibus This is no Writ of Summons to Parliament as some take it but rather to a Military Council as I conceive it For 1. There is no mention of any Bishops Abbots Priors Spiritual Lords Citizens or Burgesses summoned thereto but only of Barons without arms and Knights with arms 2ly Of all knights they had formerly summoned to appear there 3ly Of 4. not 2. discreet Knights out of every County and that not ad Parliamentum nostrum but ad Nos venire facias 4ly They were not to be elected by the people but immediately summoned elected and sent by the Sherifs themselves 5ly They were to come ad loquendum nobiscum not ad faciendum consentiendum hiis c. as the usual Writs of Summons for Knights of Shires are since without any power of Judicature to fine seclude or question one anothers elections or returns as now The very first express writ extant in History or Records that I can meet with upon search for the calling of Knights Citizens and Burgesses to Parliament is in 49 â—3 where the King after the battel of Evesham by his Writs summoned no less than 64 Abbots 36 Priors besides the Bishops and 5. Deans of Cathedrals and the Temporal Earls and Barons only 23. in number the rest being slain in the field or in actual rebellion After their Writs of Summons and name â—ollows this Writ or Note of summons for Knights Citizens and Burgesses and Barons of the Cinqueports Item mandatum est singulis Vicecomitibus per Angliam quod VENIRE not elâ—gi FACIANT duos Milites de Legalioribus Probioribus et discretioribus Militibus singulorum Comitatuum AD REGEM Londoniis in Octabis praedictis in forma supradicta Item in forma praedicta scribitur CIVIBUS Eborum Civâ—bus Lincoln caeteris Burgis Angliae quod mittant in forma praedict DUOS DE DISCRETIORIBUS LEGALIORIBVS PROBIORIBUS TAM CIVIBUS QUAM BURGENSIBUS SUIS Item in forma praedicta mandatuÌ„ est Baronibus et probis hominibus Quinque Portuum prout continetur in brevi inrotulato inferius Here the King 1. limited both the number and quality of the Knights Citizens and Burgesses when first summoned to our Parliaments 2ly He directed particular Writs to all Sherifs to summon not to elect by the choice of the Freeholders two of the legallest honestest discreetest Knights in their Counties which they alone were then to make choice of 3ly He sends particular Writs to some not all Cities and the rest of the Burroughs of England to send two of their discreetest legallest and honestest Citizens and so to the Cinqueports to send such Barons to this Parliament And if they returned any not thus qualified against the form of these Writs no doubt the King himself might refuse seclude them and he with his Lords were the sole Judges of their fitness for that service not they themselves to judge of their own or their fellow Members fitness or incapacity The first seclusion of any Knights Citizens and Burgesses in Parliament and electing others in their places was by the King himself with his Councils advice not by the Commons themselves for wilfull absence Claus 5 â— â— m. 26 dorso where divers Knights of Shires Citizens and Burgesses departing from the Parliament held at London without the Kings special license the King thereupon issued out Writs to the Sherifs of Yorkshire and other Counties to summon all such Knights Citizens and Burgesses within their Bayliwicks to return to the Parliament vel alios ad hoc idoneos loco ipsorum si ad hoc vacare non possunt eligere c. or to cause others who were fit to be elected in their places if they could not attend the Parliament with sufficient authority from the Counties Cities and Boroughs to consent to those things which should be ordained at the next Session of Parliament then prorogued to a certain day Here the King alone by his Writ takes authority to discharge those Knights Citizens and Burgesses who departed from the Parliament without his license and would or could not attend it without the Commons votes or assents and to command the Sherif to elect other sit persons in their places Claus 4 E. 3. m. 13 Dorso The King having issued out writs of Summons to Parliament dated Octob. 23. The 3 of November following he sent writs to all Sherifs to proclaim in all places That he being
Lords gave him remedy by a Writ out of the Chancery Claus 14. E. 2. m. 12. in the Schedula there is a Judgement in Parliament by King Lords and Council touching the Abby of Abingdon and a composition formerly made between the Abbot Prior and monks thereof reversed nulled because inconvenient Claus 14. E. 2. m. 17. dorso there is a case concerning a reprisal brought by appeal out of the Chancery into the Parliament before the King Lords and Council and there heard and decided And Claus 15. E. 2. there are many cases and Writs touching Reprises In the Parliament of 1. E. 3. there were many Judgements given in sundry civil cases upon petitions To the King and his Council by the King Lords and Council extant in the bundle of Petitions and Claus Rolls of that year and those things that were proper for the Courts of Law and Chancery were referred to them to be there ended Claus 1. E. 3. m. 1. Upon the petition of Alice Gill and Robert Carder to the King Council and Parliament that they buying Corne in Abevil in France to transport to London it was arrested by the Baily of St. Valeric to the value of one hundred pounds at the suit of Will de Countepy of Crotye in Picardy and delivered to him against their wills because the Ship of the said Will was taken upon the Sea by the men of Bayon which ship the petitioners finding in the port of London had arrested by writ out of the Chancery directed to the Sheriffes of London until the said hundred pounds was paid them by the Merchant the King and Council ordered upon their petition that the ship might not be discharged till the 100 l. was satisfied that a Writ should be directed out of the Chancery to the Sheriffes of London to do Justice upon the contents in the Petition according to the Law of Merchants The like case of Reprise upon the Petition of Hugh Samson is in 1. E. 3. rot 5. In Claus 1. E. 3. part 1. m. 10. There is a Judgement given by the Lords and Council for the Bishop of Durham touching the Liberties and Royalties of his Bishoprick against the Kings revocation where in sundry Petitions and answers in former Parliament under King Edward the 2d are rehearsed wherein hee could have no right Mem. 12. there is a Judgement given by the Lords and Council in Parliament for the Bishop of York his prisage and preemption of wines next after the King in the Port of Hull and in Claus 1. E. 3. Pâ— 2. m. 11. Claus 4. E. 3. m. 9. remembred in the year Book of 6. E. 3. f. 50. So Claus 2. E. 3. m. 20. in Schedula there is Placitum in Parliamento before the King and his Council of the Dean and Chapter of Litchfield touching their Title to Camock Claus 14. E. 3. part 1. m. 41. Upon the Petition of the Bishop of Carlisle it was resolved by the Lords and Council in that and sundry other Parliaments in the Reign of this King and his Father non esse â—uri consonum that Churches and other things spiritual annexed to Archbishopricks and Bishopricks should belong to the King and Gardians of the temporalties but to the Gardians of the spiritualties and so ordered accordingly yea so was it resolved upon the Petition of the Bishop of Winchester to the King and his Council in the Parliament of Claus 1. E. 3. rot 9. dorso Where coram Rege et Magno Concilio concessum est et concordatum quod custodâ—s temporalium Episcopatus non se intromittant amplius temporibus vacationum hujusmodi fructibus Ecclesiarum de Estanmer Hamoldan annexed to the Bishoprick of Winchester In the Parliament of 14. E. 3. Sir Geoffry Stantens case upon his Petition to the King and Lords in Parliament the Justices of the Common Pleas came with the record of his case which had long depended before them in the Court of Common Pleas which being read and debated in the presence of all the LORDS Justices and others of the Kings Council their assistants in this case of Law they resolved that the Sonne being a stranger might aver that his Father who levyed the fine had nothing in the Lands and that the Wife in this case could not vouch her Husband And thereupon a Writ under the great Seal was sent to the Judges by the Lords order to give judgement accordingly Claus 35. E. 3. m. 40. A villain commits fellony and is attainted after that the Lord had seised his goods whereupon his goods were prized and seised on for the King notwithstanding the Lords seisure upon a Petition in Parliament It was resolved by the Lords and Council that it was just the goods should be restored to the Lord if they were not seised fraudulently to prevent the Kings seisure of them And a Writ of Restitution was thereupon awarded per ipsum Regem et per Petitionem in Parliamento In the 6. year of King Richard the 2d it was agreed between the Duke of Lancaster and the Scots in the Marches that for the benefit of both parties ut â—de caterâ— ipsi nee Anglici vexarenâ—ur per tot labores expensas sed singulis annis certi utriusque gentis destinarentur ad Parliamentum Regni utriusque qui et injurias acceptas proferrent in medium emendas acciparent secundum quantitatem damuâ—rum per Judicium Dominorum here the Lords both in the Parliament of England and Scotland are made sole Judges of injuries and dammages done by Scots or English upon one another in the Marches Quia vero Scoti ad Parliamentum Londoniis Anno 1383. supersederunt venire juxta conductum insuper damna interim plura Borealibus praesumpserunt inferre c. decretum est per Parliamentum ut frangenti fidem fides frangatur eidem Et concessae sunt Borealibus commissiones congregandi virtutem exercitus Scotis resistendi damna pro damnis inferendi quoties contingeret Scotos irrumpere vel hostili mâ—re partes illas intrare In the Parliament of 4. H. 4. n. 9. Upon the complaint of Sir Thomas Pomeroy and his Lady against Sir Philip Courtney and others forcible entry into several Lands and Mannors in the Country of Devon The King and Lords adjudged that the said Sir Thomas should enter into the said Mannors and Lands if his entry were lawful or bring his Assize without all delayes at his election In the Parliament of 5. H. 4. n. 41 42 43 44. in a case concerning Mannors and certain Lands in the County of Cornwal between the Prince and John Cornwal and the Countesse of Huntington his wife the King and Lords gave Iudgement that the Prince should â—e restored to the said Mannors and Lands being parcels of the Dutchey of Cornwal and that the Prince after seisin had should regrant them unto them which was done accordingly in Parliament In 6 H. 4 n. 28. Upon the Petition of
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
scriptis redactam vice nomine auctoritate praedictis tulerunt per dictum Episcopum Assâ—vâ—â— Commissarium Collegam suum eandem sententiam de ipsorum Commissariorum voluntate mandato legi recitari fecerunt in haec verba IN DEI NOMINE Amen Nos Johannes Episcopus Assivens Johannes Abbas Glastoniae Thomas Comes Gloucestriae Thomas Dominus de Berkely Thomas de Erpyngham Thomas Gray milites ut Willielmus Thyming Justiciarius per Pares Proceres regni Angliae Spirituales Temporales ejusdem regni Communitates omnes status ejusdem regni repraesentantes Commissuriâ— ad infrascripta specialiter deputati pro Tribunaâ—â— sedentes atteâ—tis perjuriis multiplicibus aâ— crudelitate aliisque quampluribus criminibus dicti Richardi circa regimen suum in regnis dominio supradictis pro tempore sui regimnas commissis perpetraâ—is ac coram dictis statibus paâ— publice propositis exhibitis recitatis quae adâ— fuerunt sunt publica notoria manifesta famosa quod nulla poterant aut possunt â—ergiversatione celari Necnon confessione praedicto Richardi recognoscenâ—i◠〈…〉 scitâ—tia sua judicantiâ— se fuisse esse 〈…〉 â—inii praedictorum pertinentium corundem ac propter sua domorita notoria non immerito deponendum per ipsum Richardum prius emissa ac de voluntate mandato suis coram dictis statibus publicata eisque notificatae exposita in vulgari praehabita super hiis omnibus in ipso negotio actitatis coram statibus antidictis â—obis deliberatione diligenti vice nomine auctoritate â—is in hac parte commissa ipsum Richardum ex habundanti ad cautelam ad regimen gubernationem dictorum regnorum dominii juriumque pertinentium eorundem fuisse esse inutilem inhabilem insufficientem penitus indignum ac propter praemissa eorum pretextu ab omni dignitate honore regiis si quid dignitatis honoris hujusmodi in eo remanserit merito deponendum pronunciamus decernimus declaramus ipsum simili cautela deponimus per nostram diffinitivam sententiam in hiis scriptis Omnibus singulis Dominis Archiepiscopis Episcopis Praelatis Ducibus Marchionibus Comitibus Baronibus Militibus Vassallis Valvassoribus ac cateris hominibus dictorum regnorum dominii ac aliorum locorum ad dicta regna dominium spectantium subditis ac ligeis suis quibuscunque inhibentes expresse ne quisquam ipsorum de caetero praefato Richardo tanquam Regi vel Domino regnorum aut dominii praedictorum paret quomodelibet vel intendat Volentes autem praeterea dicti status ut nichil desit quod valeat aut debeat circa praemissa requiri superinde singillatim interrogati personas easdem prius per Commissarios nominatos constituerunt Procuratores suos conjunctim divisim ad resignandum reddendum dicto Regi Richardo homagium fidelitatem prius sibi facta ad praemissa omnia hujusmodi depositionem renunciationem tangentia si oportuerit intimanda ET CONFESTIM ut constabat ex praemissis eorum occasione regnum Angliae cum suis pertinentiis vacare praefatus Henricus Dux Lancastria de loco suo surgens stans adeo erectus quod satis intueri posset à populo muniens se humiliter signo crucis in fronte in pectore suo Christi nomine primitus invocato dictum regnum Anglia sic ut praemittitur vacaâ—s una cum Corona ac omnibus membris pertinentiis suis vindicavit in lingua materna sub hac forma verborum In the name of Fader Sonne and holy Ghost I Henry of Lancastre chalenge this Rewine of Ynglonde and the Croune with all the membres and the appurtenances al 's I that am descendit be ryght lyne of the blode comyng fro the gude Lorde King Henry therde and thorghe that ryght that God of his grace hath sent mee with helpe of my kyn and of my frendes to recover it the whiche Rewme was in poynt to be ondone for defaut of governance and undoyng of the gude Lawes Post quam quidem vindicationem clameum tam Domini Spiriuales quam Temporales omnes status ibidem praesentes singillatim communiter interrogari quid de illa vindicatione clameo sentiebant iidem status cum toto populo absque quacunque difficultate vel mora ut Dux praefatus super eos regnaret unanimiter consenserunt Et statim ut idem Rex ostendit statibus regni signetum Ricardi Regis sibi pro intersigno traditum suae voluntatis ut praemittitur expressivum praefatus Archiepiscopus dictum Henricum Regem per manum dextram apprehendens duxit eum ad sedem regalem praedictam Et postquam idem Rex coram dicta sede genu flexus parumper orasset idem Archiepiscopus Cantuariensis assistente sibi Archiepiscopo Eâ—orum praedicto dictum Regem posuit sedere fecit in sede regali praedicta populo prae nimio gaudio fortiter applaudente Et mox dictus Archiepiscopus Cantuariensis vix facto silentio propter gaudium omnium circumstantium collationem modicam fecit protulit in haec verba VIR DOMINABITUR POPULO Reg. ix c. Haec sunt verba summi Regis loquentis ad Samuelem docentis eundem quâ—lem deberet instituere ad gubernandum populum quando potebat sibi dari Regem populus ille non inepte de Domino nostro Rege moderno dici possunt quae verba si intime considerentur praebent nobis materiam magnae consolationis Non enim Deus nobis comminatur sicut quondam per Ysai comminabatur populo dicens Ysai 3. Dabo pueros Principes eorum set ex sua misericordia qui cum irascitur misericordiae recordatur visitavit plebem suam non modo ut prius fuerat in regno pueri dominabuntur set dicit dominus vobis quod Vir dominabitur populo Poterat enim de Rectoribus istius regni sive eorum quolibet praeteritis in persona parvuli non inconvenienter dici illud Apostoli Cor. 13. Cum essem parvulus loquebar ut parvulus sapiebam ut parvulus cogitabam ut parvulus ecce ter dicit Apostolus loquebatur ut parvulus sapiebat cogitabat Quantum ad loquelam certum est quod parvulus inconstans est in loquendo faciliter vera loquitur faciliter falsa faciliter verbo promittit set quod promittit cito obliviscitur haec enim sunt inconvenientia nimis moleste regno nec possibile est regnum feliciter stare ubi hae conditiones regnant set ab istis defectibus liberatur regnum cum vir dominatur ad virum namque pertinet circa linguam servare custodiam Modo autem non puer dominatur set vir do quo spero dici potest illud Eccl. ix Beatus vir qui non est lapsus in lingua Post inquit Apostolus sapiebam
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to loâ—e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consulâ—issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
Realm of Englond which therefore hath suffered the charge of intollerable persecution punicion and tribulation whereof the like hath not been seen or heard in any other Christian Realm by any memory or Record Then being on Live the said Edmund Mortymer Earl of March son and heir of the said Roger son and heir of the said Philip daughter and heir of the said Leonel the third Son of the said King Edward the third To the which Edmund after the decease of the said King Richard the right and title of the same Crown and Lordship then by law custom and conscience descended and belonged and of right belongeth at this time unto our said Liege and Soveraign Lord King Edward the fourth as Cousin and heir to the said King Richard in manner and form abovesaid Our said Soveraign and Liege Lord King Edward the fourth according to his right and title of the said Crown and Lordship after the decease of the said right noble and famous Prince Richard Duke of York his fader in the name of Jesu to his pleasure and loving the fourth day of the Month of March last past took upon him to use his right and title to the said Realm of Englond and Lordship and entred into the exercise of the royal estate dignity preheminence and power of the same Crown and to the reign and governance of the said Realm of Englond and Lordship And the same fourth day of March amoved Henry late called King Henry the sixth son to Henry son to the said Hen. late E. of Derby son to the said John of Gaunt from the occupation usurpation intrusion reign and governance of the same Realm of Englond and Lordship to the universal comfort and consolation of all his Subgetts and Liegemen plentevously joyed to be amoeved and departed from the obeysance and governance of the unrightwise usurpour in whose time not plenty Pees Justice good governance pollicy and vertuouse conversatien but unrest inwaâ—d warr and trouble unright wiseness shedding and effusion â—f innocent bloud abuse of the Laws partiality riot extortion murder rape and vitious living have been the guiders and leaders of the noble Realm of Englond in antient time among all Christian realms laudably reputed of great honour worship and nobly drad of all outward Lands then being the lauâ—ier of honour prowess and worthiness of all other Realms in the time of the said usurpation fallen from that renown unto misery wretchedness desolation shamefull and sorrowfull decline And to live under the obeysance governance and tuition of their true right wise and natural Leige and Soveraign Lord. The Commons being in this present Parliament having sufficient and evident knowledge of the said unrightwise usurpation and intrusion by the said Henry late Earl of Derby upon the said Crown of Englond knowing also certainly without doubt or ambiguity the right and title of our said Soveraign Lord thereunto true and that by Gods Law Mans Law and the Law of Nature he and none other is and ought to be their true right wise and natural Liege and Soveraign Lord. And that he was in right from the death of the said Noble and famous Prince his Fader very just King of the said Realm of Englond And the said 4. day of March in lawfull possession of the same Realm with the royal power preheminence estate and dignity belonging to the Crown thereof and of the said Lordship take accept and repute and will for ever take accept and repute the said Edward the fourth their Soveraign and liege Lord and him and his heirs to be Kings of Englond and none other according to his said right and title And beseech the same their said Liege and Soveraign Lord King Edward the fourth that by the advice and assent of the Lords Spiritual and Temporal being in this present Parlement and by authority of the same his right and title to the said Crown afore specified be declared taken accepted and reputed true and rightwise the same right and title to abide and remain of Record perpetually by the said advice assent and authority And that it be declared and judged by the said advice assent and authority that the said Henry late Earl of Derby for the said rearing of warr against the said King Richard then his Soveraign Lord and the violent taking imprisoning unrightwise usurpation intrusion and horrible cruel murder of him agenst his faith and ligeance wickedly and unjustly offended and hurted the Royal Majesty of his said Soveraign Lord. And that the same Henry unrightwisely agenst Law conscience and custom of the said Realm of Englond usurped upon the said Crown and Lordship And that he and also Henry late called King Henry the fifth his son and the said Henry late called King Henry the sixth the son of the said Henry late called King Henry the fifth occupied the said Realm of Englond and Lordship of Irelond and exercise the governance thereof by unrightwise intrusion and usurpation and in none other wise And that the taking of possession and entry into the exercise of the Royal Estate dignity reign and governance of the said Realm of Englond and Lordship of Irelond of our said Soveraign Liege Lord King Edward the fourth the said fourth day of March and the amotion of the said Henry late called King Henry the sixth from the exercise occupation usurpation intrusion reign and governance of the same Realm and Lordship done by our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was and is rightwise lawfull and according to the Laws and customs of the said Realm and so ought to be taken holden reputed and accepted And over that that our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was lawfully seised and possessed of the said Crown of Englond in his said right and title and from thenceforth have to him and his heirs Kings of Englond all such Manors Castles Lordships honours lands tenements rents services fees feefarms rents Knights fees advowsons gifts of Offices to give at his pleasure fairs markets issues fines and amerciaments liberties franchises prerogatives escheats customs reversions remainders and all other hereditaments with her appurtenance whatsoever they be in Englond Wales and Irelond and in Caleys and the Marches thereof as the said King Richard had in the feast of Sr. Matthew the Apostle the 23. year of his reign in the right and title of the said Crown of Englond and Lordship of Irelond and should after his decease have descended to the said Edmund Mortimer Earl of March son of the said Roger Mortimer Earl of March as to the next heir of bloud of the same King Richard after his death if the said usurpation had not been committed or after the decease of the same Edmund to his next heir of blood by the Law and custom of the said Realm of Englond the Manors Castles Honors Lordships lands tenements
possessions and hereditaments with their appurtenances which come to the hands of the said King Richard by forfeiture by force of an Act made in a Parlement holden at Westminster the 21. year of his reign except the said Commons beseeching our said Liege Lord to have and take all only the issues and revenues of all the said Castles Manors Lordships Honors lands tenements rents services and of other the premises aforesaid with their appurtenances except afore except from the said fourth day of the said moneth of March and not afore Saving to every of the liegemen and subjects of our said Soveraign and liege Lord King Edward the fourth such lawfull title and right as he or any other to his use had in any of the premises the said third day of March other than he had either of the grant of the said Henry late Earl of Derby called King Henry the fourth the said Henry his son or the said Henry late called King Henry the sixth or by authority of any pretenced Parlement holden in any of their dayes And that it be ordained declared and stablished by the assent advice and authority aforesaid That all Statutes Acts and Ordinances heretofore made in and for the hurt destruction and avoyding of the said right and title of the said King Richard or of his heirs to ask claim or have the Crown Royal power estate dignity preheminence governance exercise possessions and Lordship abovesaid be voyd and be taken holden â—nd reputed voyd and for nought adnulled repealed revoked and of no force value or effect And furthermore consideration and respect had to the horrible detestable cruel and inhuman tyranny by the said Henry late Earl of Derby against his faith and ligeance done and committed to the said King Richard his rightwise true and natural Liege and Soveraign Lord the unright wise and unlawfull usurpation and intrusion of the same Henry upon the said Crown of Englond and Lordship of Irelond the great intollerable hurt prejudice and derogation that thereby followed to the said Edmund Mortymer Earl of March next heir of blood of the said King Richard time of his death and to the heirs of the said Edmund and the great and excessive damage that by the said usurpations and the continuance thereof hath grown to the said Realm of Englond and to the politique and peaceable governance thereof by inward wars moved and grounded by occasion of the said Vsurpation It be therefore Ordeined declared and stablished by the advice assent and authority aforesaid for the more stablishing of the assured and undoubted inward rest and tranquility of the said Realm of Englond And for the avoyding of the said usurpation and intrusion very cause and ground of the tribulation persecution and adversity thereof that the said Henry late Earl of Derby the heirs of his body coming be from henceforth unabled and taken and holden from henceforth unable and unworthy the premises considered to have joy occupy hold or inherit any estate dignity preheminence enheritaments or possessions within the Realm of Englond Wales or Irelond aforesaid or in Caleys or the Marches thereof And sith that the Crown Royal estate dignity and Lordship above rehearsed of right appertained to the said Noble Prince Richard Duke of York And that the said Usurper late called King Henry the sixth that understanding to the intent that in his opinion he might the more surely stand and continue in his usurpation and intrusion of and in the same Crown Royal estate dignities and Lordship evermore intended and laboured continually by subtile imaginations frauds deceipts and exorbitant means to the extreme and final destruction of the same noble Prince Richard and his issue And for the execution of this malicious and damnable purpose therein in a preâ—ence Parliament by him and his usurped authority holden at Coventree the 38 year of his usurped Reign without cause lawfull or reasonable declared and judged the same noble Prince Richard and the Noble Lords his Sons that is to wit Edward then Earl of March and now the King our Soveraign Lord abovesaid and Edmund Earl of Ruthland to be his Rebels and Enemies them and all their issue dis-inheriting of all name state title and preheminence tenements possessions and enheritaments for evermore cruelly wickedly and unjustly and agenst all humanity right and reason whereby the said noble Prince Richard and his sons above named were compelled by the dread of death to absent them for a time out of this Realm of Englond the natural land of their birth unto their intollerable hurt prejudice heavinesse and discomfort And where after these the said noble Prince Richard Duke of York using the benefice of the Law of Nature and sufficiently accompanied for his defence and recovery of his right to the said Crown of the said Realm came thereunto not then having any Lord therein above him but God And in the time of a Parliament holden by the said Henry late called King Henry the sixth the sixth day of October the 39 year of his said usurped reign intended to use his right and to enter into the exercise of the royal powers dignitees and Lordships abovesaid as it was lawfull and according to Law reason and justice him so to doe and thereupon shewed opened declared and proved his right and title to the said Crown to fore the Lords Spiritual and temporal and Commons being in the same Parlitment by antient matters of sufficient and notable Record undefaisible whereunto it could not be answered or replyed by any matter that of right ought to have deferred him then from the possession thereof yet nevertheless for the tender zeal love and affection that the same Duke bare of Godly and blessed vertues and natural disposition to the restfull governance and pollicy of the same Realm and the Common wele thereof which he loved all his life desired and preferred afore all other things earthly though all the seid Lords spiritual and temporal after long and mature deliberation by them had by good advice upon the said right and title and the authorities and Records proving the same the answers thereunto gives and the replâ—cations to the same made knew the same right and title true by them and the seid Commons so declared accepted and admitted in the same Parliament Iâ— liked him at the grete instance desire and request of the seid Lords solemnply and many times unto him made to assent and grant unto a convention concord and agreement between the seid Henry late called King Henry the sixth on that opâ—party and him on that other upon the seid right and title by the same late called King by the advice and assent of the seid Lords Spiritual and Temporal and Commons being in the seid Parliament auctorized in the same comprehending among other that the seid Vsurper late called King Henry the sixt understanding certainly the seid title of the said Richard Duke of York just lawfull true and sufficient by the
advis and assent of the Lords Spiritual and Temporal and Commyns in the seid Parliament assembled and by authorite of the same declared approved ratified confirmed and accepted the seid title just good lawfull and true and thereunto gave his assent and agrreement of his free will and liberty And over that by the seid advis and auctorite declared affirmed and reputed the seid Richard Duke of York very true and rightfull heir to the Crowns Royal estate and dignite of the Realms of Englond France and Lordship of Irelond aforeseid And that according to the worship and reverence thereto belonging he should be taken accepted and repuâ—ed in worship and reverence by all the Estates and persons of the seid Realm of Englond The seid Usurper late called King Henry the sixth saving and reserving to himself the seid Crowns Realms royal estate dignite and preheminence of the same and the seid Lordship of Ireland during his life natural And further more by the same advice and authotiâ—e would consented and agreed that after his decease or when it should please him to lay from him the seid Crowns estate dignity and Lordship or thereof ceâ—â—ede the seid Richard Duke of York and his heirs should immediately succeed him in the seid Crowns Royal Estate dignity and Lordship and them then have and enjoy any Act of Parliament Statute Ordinance or any thing to the contrary made or interruption or discontinuance of possession notwithstanding And if any person or persons from thenceforâ—h imagined or compaced the death of the seid Richard Duke of York it be deemed and judged high Treason in manner and form as it is specified in the seid Act And that the seid Noble Prince Richard Duke of York by way and consideration of recompence for his abstaining for a time of the exercise of the seid royal power of the benigne and noble disposition that he bare to the said Common wele and to the rest and tronquillity of the seid Realm should have Castles Mannors lands and tenements to the value of 10 Mil. Marc. whereof the Earldom and City of Chester was parcel assigned to the said Duke by special Act made in the seid Parliament the which Earldom and City the seid Duke gave among other unto our seid Soveraign Lord then being Earl of March as parcel of Manors Lordships lands and tenements of the yearly value of 3 Mil. Marc. which by vertue of the seid convention and concord and the Act thereof made was given unto him for the sustentation of his estate abiding and persevering like a true Christian and honourable Prince in full purpose to keep and observe the seid Convention and concord for his party trusting verily that the seid Usurper Henry late called King Henry the sixth would have truly faithfully justly keped and observed for his party the same convention and concord inviolable as by Law reason Princely honour and duty he was bounden to doe and not have departed and varied from such convention made of so high and so great authority as it was made whereunto neither our seid Soveraign Lord ne the seid noble Prince assented but without prejudice of the seid right and ritle as it is plainly specified in the sâ—id Act made upon the seid convencion and Concord and under protestation and condition that the seid Usurpour shuld kepe and perform without fraude or male ingyne all things therein contained for his seid party declared openly by their mouths in the presens and heryng of the said Lords in the seid Parliament and therein enacted of Record at the grete instaunce and prayer of the same Usurpour late called King Henry the sixth And at the solempne request of all the seid Lords for the tender and special zele love and affection that he bare to the rest of the seid Realm and to the Commyn wele and policy thereof toke his viage of good blessed and vertuous intent and disposition toward the North parties of the said Realm to repress and subdue certain riots rebellions insurrections and commotions there begun And the premises notwithstanding the seid Henry Usurpour late called King Henry the sixth continuing in his old rancour malice using the fraud and malicious disceit and dissimulation agenst trouth and conscience that accord not with the honour of eny cristen Prince to th entent that the said Agrement concord and Act shuld take no due effect And into the frustacion of the same in the matiers and things above reherced that is to say that neither the seid Richard Duke shuld have ne enjoy the same Castells Manoirs lands and tenements name title reverence and worship above reherced neither he ne his sons and heirs succeed in the seid Corones Royal estate dignity lordship after the tenure fourm and effect of the said agreement concord and Act with all subtil imaginacions and disceitful ways and means to him possible intended and covertely laboured excited and procured the final destruction murdre and death of the said Richard Duke and of his Sons that is to sey of our seid new Soveraign Lord King Edward the fourth then Earl of March and of the noble Lord Edmund Earl of Ruthlande And for the execution of his dampnable and malicious purpose by writing and other messages moeved excited and stirred thereunto the Dukes of Excester and Somerset and other Lords being then in the North parties of this Realm whereupon at Wakefeld in the Shire of York the seid Duke of Somerset falsely and traiterously the same Noble Prince Duke of York on Teiusday the 30 day of Decemb. last passed horribly cruelly traiterously murdered And also the worthy and good Lords Edmund Earl of Ruthland Brother of our seid Soveraign Lord and Richard Earl of Salesbury And not therwith content of their insatiable malice after that they were dede made them to beheaded with abhomynable cruelte and horrible despite agenst all humanite and nature of Nobles And after that the same Henry Usurpour gretely and wonderfuly joying the seid dolorous and piteous murder of the same noble Prince and worthy Lords to the Realm an heavy and a lamentable sorrow and lost forthwith and oftentimes after openly declared to divers Lords of the same Realm That he would not in any wise kepe the seid Convencioun and accord ne the act thereof made and to the infraccion and violatiation of the said convention and concord not only sent Letters made under his prive Seal unto certain Knights and Squiers commaunding and charging them by the same to spoil and disseise our seid Soveraign Lord by the name of Earl of March of his possession of the seid Earldom and Citee of Chester whereof he was lawfully possessed and seased by vertue and reason of the seid Convencion and Concord but also of extreme violence utter and final breche of his party of the seid convencions and concord sent out writs under his Seal to the Mayer Aldermen and Commonalte of the Citee of London bering date the 22 day of Feverere last past and other like
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
his life land or livelihood and many inward discords battels effusion of much Christian bloud and destruction of the Nobles bloud of this land ensued and were committed through all the Realm unto the great sorrow and heaviness of all true Englishmen And then he declared himself undoubted heir and inheritor of the Crown by descent grounded on the Laws of God and Nature and the antient Laws and laudable Customes of this Realm yet for further security superadded another Title of lawfull Election by the three Estates in Parliamen◠then he intayled the Crown upon the issue of his body begotten and declared his son Prince Edward to be his heir apparent to succeed him in the Crown and royal Dignity by Act of Parliament which he ratified with his own royal assent This done he reputed the Crown cock-sure to him and his heirs for all generations Yet notwithstanding all his Machiavilian Policies Power Vigilancy care industry to secure his usurped Royalty by the murther of two Kings and many others some of them most instrumental to advance him to the royal Throne before he had worn the Crown full 3. years Henry Earl of Derby laying Title it and landing in Wales only with 2000 soldiers King Richards own Souldiers Friends and others revolting from him and joyning with the Duke he was slain in Posworth field and lost both his life and Crown together if not his soul for all eternity and by the Statute of 1 H. 7. c. 6. he was declared an Usurper of the Realm So unable are Parliaments themselves to secure Crowns on Usurpers heads or to entayl them for any long continuance on their Posterities as these sad tragical domestick presidents of later times with sundry antienter demonstrate King Henry the seventh having gained actual possession of the Crown as right heir thereunto by the Lancastrian line and espoused the better title of York by marrying the heir female to secure himself and his adherents for the future if any wars should arise about these dubious litigious Titles by Perkin Warbecks or others claims confirmed by several Acts of Parliament and Successions of Kings of both Houses claiming both as next heirs of the antient royal Line not to secure any future Usurpers without just right or title though not of the old bloud Royal if once Kings de facto as Sir Edward Cooke seems to intimate and some ignorant Lawyers assert against the intent and Prologue of the Act it self caused it to be enacted 11 H. 7. c. 1. That from henceforth no person or persons whatsoever that attend upon THE KING and Soveraign Lord of this Land for the time being in his person and do him true and faithfull Service of allegeance in the same or be in other places by his commandment in the warrs within the Land or without shall for the said deed and true duty of allegiance be in no wise convict or attaint of High Treason or other offences for that cause by Act of Parliament or otherwise by any process of Law whereby he or any of them shall lose or forfeit life lands goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or loss And if any Act or Acts or any other process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other process of the Law whatsoever they shall be shall stand be utterly void The reason is rendred in the Prologue That it is not reasonable but against all Laws reason and good conscience that the said Subjects going with their Soveraign Lord in wars attending upon his person or being in other places by his commandment within this Land or without any thing should lose or forfeit for doing their true duty and service of Allegiance This Act which some conceive to be only personal and temporary for Henry the 7. alone could not secure the Heads Lives Liberties Lands Offices Goods or Chattels of those Lords Gentlemen and other English Subjects from Executions Imprisonments Banishments Forfeitures Sequestrations who accompanied assisted our late King in his warrs against the Parliament though King de facto and de jure too without any competitor Both Houses declaring them to BE TRAYTORS and sequestring proceeding against them as Traytor yea our Grandees since have executed them as such in their new erected High Courts How then it can totally indemnify any Perkin Warbecke Jack Cade or apparent Usurpers of the Crown without right or Title who shall per fas aut nefas get actual possession of the Royal throne and be Kings de facto or secure all those who faithfully adhere unto them though to dispossess the King de jure or his right heir of their just royalty and right against all Laws of God man all rules of justice and their very Oathes of Allegiance Supremacy Homage Fealty Protestations Leagues Covenants formerly made unto them from all sutes vexations losses forfeitures whatsoever and null all Act or Acts and legal Process made against them as many Grand Lawyers now conceive it doth transcends both my Law and reason too That opinion of Sir Edward Cooke 3. Instit f. 7. 9 E. 4. f. 1. b. whereon this erronious Gloss is grounded That a King regnant in possession of the Crown and kingdom though he be Rex de facto non de jure yet he is Seignior le Roy within the purview of the Statute of 25 E. 3. ch 2. of Treason and the other King that hath right and is out of possession IS NOT WITHIN THIS ACT. Nay if Treason be committed against a King de facto et non de jure and after the King de jure cometh to the Crown he shall punish the Treason done to the King de facto And a pardon granted by a King de jure that is not also de facto is voyd being no doubt a very dangerous and pernicious Error both in Law and policy perverting those Laws which were purposely made for the preservation of the Lives Crowns Rights Titles Persons of lawfull Kings against all attempts Treasons Rebellions against them and for the exemplary punishment of all Traytors Rebels Usurpers who should rebel wage warr or attempt any Treason Conspiracy against their royal Persons Crowns Dignities Titles into a meer Patronage of Traytors Rebels Usurpers and a Seminary of endless Treasons Assassinations Conspiracies against them by indemnifying exempting both them and their Confederates from all legal prosecutions penalties forfeitures whatsoever if they can but once gain actual possessiō of the Crown by any means upon the forcible expulsion deposition assassination or murder of the King de jure Which if once declared for Law I appeal to all Lawyers Polititians Statesmen whatsoever whether it would not presently involve our kingdoms in endless perpetual Rebellions Usurpations War Regicides as it did the Norwegians heretofore where by a kind of Law and Custom as our
Gulielmus Nubrigensis relates Qâ—cunque Rege tyrannice occiderat eo ipso personam et potestatem Regiam induens suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus Quippe ut dicitur à centum retrò annis et eo amplius cum Regum ibidem numerosa successio fuerit Nullus eorum senio aut morbo vitam finivit fed omnes ferro interiere suis interfectoribus tanquam legitimis successoribus regni fastigium relinquentes ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur illud quod Scriptum est respicere videatur OCCIDISTI INSUPER ET POS SEDISTI Wherefore to prevent the dangerous Consequences of these false Glosses on the Statutes of 25 E. 3. c. 2. 11 H. 7. c. 1. I shall lay down these infallible grounds 1. That all publike Laws are and ought to be founded in Justice righteousnes and common honesty for the preserving securing the lives persons estates of all men especially of lawful Kings and Supreme Magistrates from all violence invasion force disseisins usurpations conspiracies assassinations being against all rules of Law and Justice Exod. 20.12 to 18. c. 21 22. 23. Mat. 5.17 to 48. c. 7. 12. Deut. 4.18 Psal 19.8.9 Ps 119.7.106 137 138·160 167. Rom. 7.12 Deut. 6.25 Ps 33.5 Ps 45.7 Ps 72.2 Ps 74.15 Prov. 8.18 Prov. 24.21 Rom. 13.1 to 7. Lu. 20.25 Tit. 3.1 2 3. 1 Tim 1.9 10. Job 20.19 c. 24.2 Mich. 2.1 2 3 4. Jer. 6.7 c. 20.8 c. 22.3.17 Ezech. 45. c. Hab. 1 2. to 10. Lu. 3.14 Whence Cicero thus defines Law Lex est ratio summa insita in natura quae jubet ea justa quae facienda sunt prohibe que contraria Therefore these 2. Statutes were purposely made for those great ends and ought to be interpreted onely for the best advantage of Lawfull Kings and their adherents not for the indemnity impunity encouragement of Traytors Rebels Intruders Usurpers 2ly What Tully writes of the Roman Senators we ought to doe the same of our English Parliaments and Legislators Ea virtute et sapientia majores nostri fuerunt ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent Whence he there inferrs A Legibus nihil convenit arbitrari nisi quod reipublicae conducat proficisci quoniam ejus causa sunt comparatae Therefore these Laws are to be interpreted for the best security safety preservation of the lawfull heads of the Commonwealth and their rightfull heirs and loyal dutifull subjects not for their destruction and the indemnity security of Usurpers Traytors Rebels aspiring after their Crowns Thrones Assassinations to the publike ruine 3ly All the branches of the Statute of 25 E. 3. c. 2. made at the special request of the Lords and Commons and that by a lawful King at that season declare this Statute to be meant only of a lawful King whiles living whether in or out of actual possession of the Realm not of a bare Usurper in possession without right as Sir Edward Cooke expounds it else it will necessarily follow That it shall be no Treason at all to compasse or imagine the death of the King de jure if once dispossessed for a time by Violence and Treason or of his Queen or eldest son and heir or to violate his Queen or eldest daughter not married or to levy war against the lawfull King in his Realm or to be adherent to his Enemies within the Realm or elsewhere or to counterfeit his Great or Privy Seal or mony c. But high Treason in all these particulars in relation only to the Vsurper in possession without and against all right and Title which would put all our rightful Kings and Supreme Governors into a farr worser sadder condition than their Trayterous Vsurpers and into a worse plight than every Disseisee or lawfull heir intruded upon by abatement or dispossessed by torcions unjust or forcible entries for which our Common and Statute Laws have provided many speedy and effectual means of recovering their possessions and Damages too against Disseisorâ— Abators Intruders on their Inheritances Freeholds for exemplary punishment fining imprisonment of the Disseisors Abaters but no means of recovery at all for our dishinherited disposseâ—ed Kings or their heirs against Intruders Vsurpers of their Crowns nor punishments against them their Confederates or Adherents if our Laws concerning Treasons extend not unto them though Kings de jure but only to Usurpers de facto et non de jure and if the Statute of 11 H. 7. exempt them from all kinds of penalties forfeitures by the lawfull King when he regains possession of the Crown as some now expound them 4ly It is resolved both by our Statutes Judges Law-books over and over That there is no Inter-regnum in our hereditary kingdom or any other That so soon as the rightfull hereditary King dies the Crown and Realm immediatly descend unto and are actually vested in the person and possession of the right heir before either he be actually proclaimed or crowned King and that it is high Treason to attempt any thing against his Person or royal authority before his Coronation because he is both King de jure de facto too as was adjudged in Watsons and Clerks case Hill 1. Jacobi Hence upon the death of King Henry the 3. though Prince Edward his heir was absent out of the Realm in the holy wars where he received a dangerous wound by an assassinate and was not certainly known to be alive yet all the Nobility Clergy and people going to the high Altar at Westminster swore fealty and allegeance to him as their King appointed a New Seal and Officers under him qui thesauram Regis pacem regni fideliter custodirent Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur Edwardo fidelitatem Jurantes qui si viveret penitus ignorarunt Besides it is both enacted resolved in our Statutes Lawbooks That Nullum tempus occurrit Regi and that when the King is once in legal possession of his Crown Lands or any Lands holden of him by reason of his Praerogative he who enters or intrudes uppon them shall gain no freehold thereby yea if the Kings Tenant dieth and his heir enter into the lands his ancestors held of the King before that he hath done his homage and received seisin of the King though he hath a right of inheritance to the Lands by Law yet he shall gain no freehold and if he die yet his wife shall not be indowed because he gained no freehold by his entry but only a naked possessioÌ„ much les then shal a meer Intruder gain any Freeheld or interest in the Crown or Crown lands it self to the prejudice of the rightfull King or his heirs This is most evident by the sacred presidents of K. David still King when unjustly dispossessed driven out of his
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
House is a stronger argument to prove them no Court at all at least of Judicature than their adjournment or prorogation of themselves to evidence them to be a distinct Court from the House of Lords Should I here subjoyn to the premises all the cases extant in the Lords Iournals and Parliament Records evidencing the Lords real Jurisdiction proceedings and Judicature in civil causes in the reigns of King Ed. the 4. Richard the 3. Henry the 7. and 8. Queen Mary Queen Elizabeth King Iames and King Charles I should be over tedious to the Readers I shall therefore only trouble you with 2 cases more In the Parliament of 18 Elizabeth there arose a question about place and precedency in the case of the Lord de la Ware upon debate thereof in the Lords House ALL THE LORDS except the Lord Windesore ADIUDGED that he should have place next after the Lord Wilâ—oughbie of Erisbe And the Lord Keeper was appointed to acquaint the Queens Majesty with this determination of the Peers and to know her pleasure concerning the same In the last long Parliament Pasch 20 Caroli this cale of Note and Consequence was adjudged by the Lords against the late resolutions of some Judges touching the Jurisdiction of the Admiralty Court between Fairfax and le Gay and Mr. Johns a London Merchant In Lent Vacation 1638. Mr. Iohns libelled in the Admiralty against one Hooper for 26000 weight of Barbadoes Tobacco sold to him at St. Maloes in France in partibus transmarinis infra jurisdictionem Admiraltatis Angliae by one Bâ—les factor to Hooper for fraight due unto him by Hooper for his Ship called the William and Anne whereof Iohns was owner without alleging that this sale and contract was made super altum mare Fairfax and le Gay became sureties for Hooper in the Admiralty Iohns had a sentence against Hooper in the Admiralty upon this Libel who soon after became a Bankrupt Whereupon Fairfax and le Gay his sureties appealed to the Delegates to avoid the sentence and execution against them and then moved in the Kings Bench for a Prohibition to stay the sute suggesting the contract to be made at St. Maloes upon the land and not super altum Mare and so not within the Jurisdiction of the Admiralty Upon which they procured a rule to stay the Proceeding Whereupon Johns petitioned the House of Lords for relief against this rule and that the Delegates might proceed to give sentence upon the Appeal that so he might have execution against the sureties Hooper being a Bankrupt for above one hundred thousand pounds and all his estate sold so as his debt would be wholly lost if he should be deprived of the benefit of his sentence to which the sureties were liable Upon his Petition this point in Law amongst others whereon the hinge of his case turned was argued at the Lords Bar by Mr. Serjeant Rolls Mr. Maynard for Fairfax and le Gay and by my self for Johns Whether the Admirals Court had any true antient legal Jurisdiction of Contracts made at St. Maloes and other parts beyond the Seas between Merchants and Mariners touching their Merchandise and marine affairs upon the Land as well as on the Sea The Sureties Counsel argued confidently they had not upon the Statutes of 13 R. 2. c. 5.15 R. 2. c. 3. 2 H. 4. c. 14. and the Presidents cited in Sir Ed. Cooks 4 Instit. p. 124. and c. 22. of the Court of Admiralty and in Hubberts Reports â— 331 But I argued to the contrary and clearly proved by the Laws of Oleron Lex 1 2 6 8 9 10 15 16 22 23. made in the reign of King Richard the 1. Anno 1190. ratified under the Seal of that Island by that King confirmed and used by Henry 3. Edw. 1. and practised ever since as the Law of the land in the Court of Admiralty as Sir Edward Cook himself asserts and by the notable Record of 22 E. 1. in Cooks 4 Institutes p. 142 143 144. and Seldens Mare Clausum l. 2. c. 28 f. 275. the Black Book of the Admiralty the Parliament Roll of 4 H. 4. n. 47. for confirmation of the Laws of Oleron 1. That the Admiralty in all ages since King Rich. the 1. â—ill the making of these Statutes and ever since till Hill 2 Jacobi C. B. between Tomlinson Plaintif and Philips Defendant had held Jurisdiction of such contracts between Merchants and Mariners made upon the land in forein parts as well as on the Sea as the Marshal had always used to hold plea of Contracts and deeds of Arms Warr Treasons Murders and Felonies out of the Realm which cannot be determined by the Common Law And that without any Prohibiâ—ion granted to stay the proceedings in all that large tract of time both before and since these Statutes 2ly That these Acts were made only to restrain the Admirals Incroachments of Jurisdiction in Contracts Pleas Quarels other things made or done by Landor Water within the Bodie of the Counties of this Realm or in any Port Harbor Haven or Creek within the Counties the Conusance whereof properly belonged to the Kings Courts or to the Courts of Cities Burroughs and other Lords and to confine them only to such contracts and things within the Realm whereof the Sea is a part being under the Kings Dominion and Lordship as are made or done upon the Sea not upon the Land oâ— Water in any Haven Port River Creek within the precinct of any County but not to debar them in the least degree of their antient undoubted jurisdiction they always had and exercised de Jure without complaint or restraint in contracts of Merchants and Mariners made upon the Land in forein parts beyond the Seas of which the Kings Common Law Courts and the Courts of other Cities Burroughs Ports Lords never had nor could have the least Jurisdiction since out of the Realm and no Jury de Vicineto could be thence awarded or summoned to try the Contract in England which I proved by the Parliament Rolls and Commons Petitions whereon these Statutes were grounded being most express in point as 13 R. 2. Rot. Paerl n. 41.14 R. 2. n. 37.15 R. 2. n. 30.2 H. 4. n. 89.4 H. 4. â— 47.11 H. 4. n. 61. compared with 27 E. 3. c. 13.2 R. 2. c. 4.32 H. 8. c. 14.5 Eliz. c. 5.27 Eliz. c. 27. which so interpret it and by most of the Cases cited by Edward Cook in his Chapter of Admiralty extending only to contracts made within the body of any County within the Realm not in any forein parts on the Land or Sea without or beyond the Realm whereof the Comon Law Courts had never Jurisdiction before Sir Sir Edw. Cooke was Chief Justice and that by a meer fiction and false contradictory surmise contrary to truth reason Justice Law and the Letter of Charterparts and Contracts themselves viz. that they were made at St. Maloes Burdeaux Sevil
E. 3. n. 1.10 R. 2.17 R. 2. n. 6.7 8 H. 4. n. 66 67. some of the valiantest wisest discreetest Spiritual and Temporal LORDS were by Petition of the Commons and special Order of the Lords in Parl. placed about these Kings to BE THEIR PRIVY COVNSELLORS to advise counsel them and manage all the Great affairs of the Realm under them so in this Parliament they exhibited this Petition to the like eâ—â—ect Primerement que plese a nostre dit Seigniour le Roy ordeigner et assigner en cest present Parlement les pluis vaillantz sages et discretes Seigniours espirituelx et temporelx de son roialme pur estre de son counseil en eid et supportation del bone et substancial gouvernance et la bien de Roy et de Roialme et que les ditz Seigniours de counseill et les Justices de Roi soient overtement jurez eny cest present parlement de eux bien et loialment en lour counseill et faitz acquiter pur le bien de Roy et de Royalm en toutz pointz saunz favour pur affection ou affinite faire a ascune manere de persone Et que plese nostre dit Seigniour le Roy en presence de toutz les Estates de parlement comander les ditz Seigniours et Justices sur lour foy et ligeance que lui devont qils feront pleyne justice et droit ouelment a chescuny sanz tarians si bonement come ils purront sanz ascun commandement on charge de queconque persone a contrarie Le Roy le voet was the answer which was answered See the like Petitions afterwards in 1 H. 6. n. 26.2 H. 6. n. 15 16.8 H. 6. n. 27 28.11 H. 6. n. 41. I shall conclude with these 2. memorable late presidents In the Parliament of 8 Eliz. upon the death of Thomas Williams Esquire Speaker of the Commons house Richard Onstoe Esquire the Quâ—ens Sollicitor first chosen a Member of the Commons house and after called by Writ to attend the Lordâ— House as an Assistant at the request of the Commons to the Queen and Lords was sent down again to the Commons house without any new election and there chosen and presented by them for their Speaker and allowed of by the Queen and Lords So in the Parliâ—ment of 23 Eliz. upon the Queens making John Bell Esq then Speaker chief Baron of the Exchequer Iohn Popham Esq then Queens Sollicitor called from the Commons house to the Lords as an Assistant by writ at the Commons request to the Queen and Lords was remitted to them again upon his old without any new election and thâ— chosen presented accepted for their Speaker Which 2. late presidents infallibly prove 1. That the King hath an absolute power over any Members of the Commons house upon a just occasion to call them thence by writ to be Assistants to the Lords house or else to create them Peers and call them to be Members of the Lords house as he did Sir Francis Seymore Mr. Arthur Capell and others created Lords the last long Parliament 2ly That the calling of any to the Lords house from the Commons by writ as Assistants only doth not totally disable them to be Members of the Commons house again the self-same or the next Parliament but that upon the Commons Petion and assent of the King and Lords they may be remanded to the Commons house and be Members and Speakers thereof again but not by the Commons votes or order but only by the Kings with the Lords assent who may refuse to remand them if they please A very pregnant argument chat the power of removing judging suspending approving readmitting Members of the Commons house upon Elections or Misdemeanors belongs not of right to the Commons house but to the King and House of Peers as I have formerly evidenced Admitâ—ing then that the Commons have de facto gained exercised this privilege of late years to judge suspend or eject their own Members in such cases without the King and House of Peers yet having most grosly abused it of late to the ruine subversion of Parliaments I must conclude with the Canonists Privilegium meretur amittere qui abutitur potestate Jer. 6.16 Thus saith the Lord Stand ye in the wayes and see and ask for the old pathes where is the good way and walk therein and ye shall find rest for your souls But they said We will not walk therein Prov. 24.21 22. My son fear thou the Lord and the King and meddle not with those who are given to change For their Calamity shall rise suddenly and who knoweth the ruine of them both Jer. 21.3 4. c. 17.25 27. Thus saith the Lord Execute ye judgement and deliver the spoiled out of the hands of the Oppressor and do no wrong do no violence to the stranger the fatherless nor the widdow neither shed innocent bloud in this place For if ye do this thing indeed then shall there enter into the Gates of this House KINGS PRINCES sitting upon the Throne of David riding in chariots and on horses they and their PRINCES the men of Iudah and the inhabitants of Ierusalem and this City shall remain for ever But if you will not hearken unto me c. then will I kindle a fire in the gates thereof and it shall devour the PALACES of Ierusalem and it shall not be quenched FINIS An Omission in pag. 30 l. 7. RAnulph de Glanvil Chief Justice under King Henry the 2. In his Tractatus de Legibus et Consuetudinibus Regni Angliae written in the 33 year of his reign hath this memorable passage relating to the Parliamentary Councils in that age l. 2. c. 7. Est autem magna Assisa REGALE QVODDAM BENEFICIUM CLEMENTIA PRINCIPIS DE CONSILIO PROCERUM POPVLIS INDVLTUM to wit in a Parliamentary Council of the King and Lords without any Commons quo vitae hominum et status integritati tam salubriter consulitur ut in jure quod quis de libero soli tenemento possidet retinendo duellâ— casum declinare possunt homines ambiguum c. Ex aequitate autem maxiâ— prodita est LEGALIS ISTA INSTITUTIO Jus enim quod post multas longas dilationes vix evincitur per duellum per beneficium ISTIUS CONSTITUTIONIS commodius et acceleratius expeditur By which it is evident that the Grand Assize was no original Processe or Trial at the Common Law but a legal institution and beneficial constitution proceeding from the Grace of the Prince and indulged to the People BY THE COUNSEL OF THE LORDS assembled together in a Parliamentary Council which Lib. 2. c. 9. Glanvil stiles Recordum per Assisam DE CONSILIO REGNI inde factum for the speedier and better recovery of their freeholds without endangering their lives by a Duel to recover them which was fuller of delays but less certain and more unjust than a recovery by verdict in this new
de Diceto Abbrevi Chron. col 482 483. Sim. Duâ—elmensis de gestis Reg. Ang. col 202 203. Mat. Paris Anno 1078. p. 80 Gudwin in the life of Ulstan (n) Eadmeâ—us Hist Nou. l. 1. p. 9. Seldens Titles of Honour p. 702. Antiquitates Ecclesiae Brit. p. 97. Wil. Malmesbury de Gestis Pont. Angl. l. 1. p. 214. (o) Actus Pontif Cantuar. Col. 1655. (p) Hist Noverimus l. 1. p 9 10. (q) Wil. Malmesburiensis de Gestis Pontif. l. 1. in La franco Antiqu Eccl. Brit. p. 9â— 95. (r) Eadmerus Hist Nov. l. 3. p. 117. Sim Dunelm de Gest Reg. Angl. Col. 237. (Å¿) Eadmerus Hist Nov. l. 4. p. 91 92. (t) Eadmerus l. 4. p. 101 102 103. (u) Eadmerus l. 6. p. 136. (x) Mat. Paris Hist Angl. p. 82. Gul. Neubrigensis l. 1. c. 30. Houeden Annal. part 1. p. 490. Mat. Westm p. 42. Chron. Gervasis Col. 1373 1374. Sim Dunelmensis Hist Col. 282. Chron. Iohannis Bromton Col. 1238 1039. See Polychronicon Fabian Caxton Holinshed Grafton Speed Baker in the life of King Stephen (y) Roger de Houeden Annal. pars posterior p. 546 547. (z) Houeden Annal. part poster p. â—60 * Roger de Houeden Annal. pars pâ—stâ—r p. 522 to 566. Mat. Paris p. 12â— Mr. Seldens Titles of Honour p. 706. (a) Chronicon Johannis Bromton Col. 1046. Gul. Neubrigensis Hist Angl. l. 2. c. 2. See Dâ—niel and Holinshed (b) Annalium pars posterior p. 803 Seldens Titles of Honour p. 707. (c) Mat. Paris p. 417 433. (d) Mat. Paris p. 666.667 (f) An exact Abridgement p. 30. (h) An exact Abridgement p. 123 136 137. to 213. to Walsingham Hist Angl. p. 332. (i) An exact Abridgement p. 417. (k) An exact Abridgement p. 430 (l) An exact Abridgemenâ— p. 440. (m) An exact Abridgement p. 560. (n) An exact Abridgement p. 577 578. (o) An exact Abridgement p. 610. (p) An exact Abridgement p. 665 666 667 (a) Cottoni Posthuma p. 350. (b) Walsingham Hist Angl. p. 104 to 119. Fabian Holinshed Grafton Speed Baker in Ed. 2. (d) Polychron l. 7. c. 43 (e) De Event Angl. l. 3. c. 15. col 2549 2550. * Walsingham Hâ—st Angl. p. 328. to 402. Hall Fabian Holinshed Grafton Stow Speed Baker Trussel Henry de Knyghton and others (f) Hist Angl. p. 107. Nota. Nota. Nota. De sausement garder Richard Nadgairs Rey. * Walsingham Hist Angl. Anno 1490. p. 404. Graftons Chronicle p. 407 408 409. Holinshed p. 511. Sect. 4. p. 516. Speed p. 764 765. Godwins Catalogue of Bishops p. 541 542. (g) Cortoni Posthuma p. 350. (h) Regal Tyranny discovered p. 58 59 60. John Melton Answer to Salmasius Mr. Bradshaw others * Mat. Paris p. 295 296. Here. p. 256. (i) Bracton lib. 1. c. 8. lib. 3 cap. 3. Fleta lib. 1. cap. 5. 3 Edw. 3.19 Fitz. Corone 161. 21 Edw. 3.3 b. Dyer 297. Stamford lib. 3. cap. 1. f. 153. (k) Spelmanni Concilia Tom. 1. p. 411 * Here p. 456. * Here p. 275. to 283. †Glanvil l. 9. c. 1. Lit. l. 2. c. 1. Cooks 1 Instit f. 64 65. †Si Rex imperium abdicavit aut manifestè habet pro derelicto in eum post id tempus omnia licent quae in privatum Hugo Grotius de Jure Belli Pacis l. 1. c. 4. Sect. 9. †See here p. 276. †De Jure Belli l. 4. c. 1. †Epist Dedicatoria prefixed to his Chronicon (m) See the 2. Part of the History of Independency where it is inserted †Samuelis Bocharti Epistola p. 155. Halls Chron. fol. 15. (n) See an Exact Abridgment p. 670. Declaratio tituli Regii restitutio ad eundem Nota. n. 10· †Nota Nota. †Nota. †Nota. †Nota. Nota. n. 11. †Nota. n. 12. †Nota. †Nota. n. 13. n. 14. Respons (o) Henry de Knyghton de Event Angl. l. 3. c. 16. col 2556 2557 2558. (p) See Sir Tho. Moor Hall Holinshed Grafton Speed Baker in R. 3. An Exact abridgment p. 709 710 711 c. (q) See Hall Grafton Speed Holinshed Sir Francis Bacon in his life (1) 3 Instit f. 7. †See 1 H. 7. c. 6. (2) See An Exact abridgment p. 150 151 259 260 261 299 300 576 611 612. The History of Independency Part. 2. (3) Hist Angl. l. 3. c. 8. p. 233 234. †1 Kings 21.19 (4) See Fortescâ—e de Laudibus legum Angliae (5) De Legibus p. 490. (5) De Inventio p. 50. (6) See Cooks 8 Report s 28. * See Brooke Fitzherbert Statham Ash Rastals Abridgments Title Disseisin Abatement Forcible Entries Assize Imprisonment Intrusion c. (1) 1 E. 4. n. 10 11. 1 Jaâ— c. 1. Cook 7 Rep. f. 10 11. Calvins case fol. 30 31. Cooks 3 Instit f. 7. (2) Mat. West An. 1272. p. 251 252. See Walsingham Holinshed Daniel Speed Grafton Baker An. 1 E. 1. (3) Praerog Regis c. 8.13 Stamf. Prerog c. 14. f. 40. c. 24 f. 72. See all the Books cited in Ashes Tables Tit. Intrusion Praerogative 22. Britton f. 88 Littleton sect 178. Cooks 1 Instit f. 119. Cook 7 Rep. f. 28. * 1 Kings 1.2 (c) Mat. West An. 445. to 467. See Holinshed Grafton Speed others in their lives Galfridus Monumetensis Ponticus Verunnius Hist l. 6 7 8. †See Hoveden Nubrigensis Mat. Paris Mat. Westminster Bromton Daniel Holinshed Polychronicon Fabian Baker Stow Speed in the life of King Stephen and Henry 2. (d) Gulielmus Nubrigensis lib. 2. cap. 2. Chronicon Johan Bromton col 1044. (e) Mat. West Mat. Paris An. 1216. Polychronicon Fabian Daniel Holinshed Grafton Speed in K. John H. 3. (f) Mat. Paris p. 278. (g) Mat. Paris p. 288. Mat. West p. 106. (h) See An exact Collection p. 670 671 672 677 c. (a) Plutarchi Poplicola Bodins Commonwealth l. 2. c. 5. Cicero Orat. pro T. Ann Milone Aquinas de Regimine Principum l. 1. c. 6. 2 Dist artic 44. qu. 2.2.5 m. Emanuel Sa. Aphorism verb. Tyrannus Mariana de Rege Regum Instit l. 1. c. 5 6 7 8. Buchanan de Jure Regni apud Scotos Rerum Scot. Hist Junius Brutus Vindiciae contra Tyrannos quaest 2 3. Grotius de Jure Belli l. 1. c. 4. (b) Regal Tyranny Discovered Killing no Murder (c) Littleton sect 659 c. Cook ibid. (d) Lit. sect 237 238 240 461. Cooks 1 Instit f. 271. â— 9 H. 7.21 b. (e) See here p. 275 276.278 281.323 324 327 328. (f) Spelman Concil p. 297.521 * Bromton Chron. col 822.828 (g) Rastals Abridgment Tit. Treason See Crookes Reports p. 117 to 126.583 (h) 2 Kings 11 2 Chron. 33. (i) 1 Kings 15.25 to 31. c. 16.1 to 21. 2 Kings 16. (k) Suâ—ius Concil Tom. 2. p. 736 737 739. (l) 1 Kings 21.19 Mat. 21.38 39 40 41. (m) Chytraei Chron. l. 14. Sleidans Com. l. 5.10 (n) An Exact abridgement p. 670 666 667. (o) See here p. 474 475 476. (p) Graftons Chronicle p. 852. Hall Holinshed Speed and others in his life (i) 4 Instit p. 42. (k) Fox Acts Monuments Vol. 3. p. 6. to 37. Holinshed Grafton Speed How Stow Baker Sir John Heyward and others in Edward the 6. 1 Mariae * Inferre vim eorum est qui vires habent absque consilio Praeterea si quis violenter audeat agere non paucis egebit sociis qui vero persuaderâ— potest nullis Xenophon Memorabilium l. 1. p. 713. * Fox Acts Mon. Vol. 3. p. 101 102. (a) Graftons Chronicle p. 1326. (a) Graftons Châ—onicle p. 1326. (b) See Antiq Eccles Brit. God win in his Life Fox Grafton Holinsh Speed 1 Mariae †4 Instit p. 28. * Mr. Hackwills Epistle to his manner of passing Bills * 33 H. 8 c. 21. Mr. Hackwill of passing of Bills p. 76 77. (f) The Freeholders Grand Inquest p. 29. See Mr. Hakwills passing of Bills p. 80 (g) 1 Instit â— 11 b. 260. (h) Cooks 4 Instit p. 139. (i) 48 E. 3 2â— 3.13 H. 4.45.8 R. 2. ror Parl. n. 31.13 R. 1. Stat. 2. c. 2.1 H. 4. c. 14 Cooks 4 Institutes p. 123 124.21 E. 4.17 * 19 H. 6.76 Br. Admiralty r. Plowden f. 37 b. Cook 5 Report f. 106 107. (k) Bracton l. 2. c. 24. f. 56 57.6 R. 2. Fitzh Pâ—otection 46.7 R. 2. Statham Trespass 53 Temps Ed. 1. Fitz Avowry 192. Cook 1 Instit f. 260.4 Instit p. 142 143 144. Rot. Pat. 51 H. 3. m. 11. Rot. Scotiae 10 E. 3. m. 16. Rot. Parl. 46 E. 3. m. 10. Rot. Parl. 8 H. 5. n. 3. Artic. 6. Seldens Mare clausum l. 2. Rot. Parl. 14 E. 2. pars 2. m. 26. dorso (l) 2 E. 2. Fitz. obligat 16 Tr. 18 E. 3. Fitz. Test 6 Tr. 13 E. 3. Fitz. Oblig 12 38 E. 3. c. 4.41 E. 3.23 b. 48 E. 3.3 Bro. Oblig 1. Farts 95.13 H. 4.3 4.10 H. 6. c. 11.20 H. 6.28 Bro. Oblig 7.21 E. 4.74.6 R 2. c. 2.13 R. 2. Stat. 1. c. 2.26 H. 8. c. 13.35 H. 8. c. 2.28 H. 8. c. 15.5 E. 6. c. 11. Cook 3 Inst f. 112.48 2 Instit p. 51.2 Rep. f. 93.5 Rep. f. 107 â— (m) Dr. Ridlyes view of the civil Law l. 3. c. 1. p. 129. Tr. 13 E. 3. Fitz. Abbe 12.9 E. 3.42 Dyer 166. (n) See 10 E. 1. Modus levandi fines 2 E. 3.9 a. 4 E. 3.46 b. 7 E. â— 37 b. 8 R. 2. Contin Claim 13.1 R. 3. c. 7.4 H. 7. c. 24.28 H. 6.3 a. Bro. Protection 11. Fitz. Amerciament 4.26 H. 8. c. 13.35 H. 8. c. 2.5 Ed. 6. c. 11. Plowdens Com. 359. Cook 8 Rep. f. 10.2 Instit p. 516. Seldens Marâ— Clausum p. 255 256. Littleton sect 677.25 E. 3. c. 2. (o) See Crooks Reports p. 296 297. * 15 May 1645. †See an Exact abridgement p. 354. †Ibid. p. 17.34.57.156.136.431 432.592 594.584.589.615.652 †Sir John Davis Reports f. 37 38. †See here p. 370 420. * Pat. 18 E. 3. pars 2. m. 3â— * See Cooks 3 Instit c. 1. 2. * See Rastals Abridgement of Statutes Title Treason * Hist Angl. p. 382 383 384. Resp * An Exact abridgement p. 329 456 457 471.564 568 594 611. †A Catalogue of the Speakers Names by W. Hackwill of Lincolns Inne Esq 1641. p. 141 142 143. * Gratian Caus 11. qu. 2. * See lib. 8. c. 2 3. †See here p. 406.