for these two General Councils of the Church and Realm this year are not found extant on record The Patent Roll in the 5 of King Iohn makes mention of an Assise of Beer and Wine made per Commune Consilium Baronum nostrorum held the year before at Winchester Rex c. sciatis Nos Communi Consâ—lio Baronum nostrorum constituisse Quod albus panis factus in Civitate nostra Winton fit ponderis 3 c Sol. c. Et unusquisque Pistor sigillum suum pani suo apponat c. Et volumus et firmiter praecipimus quod haec constitutio firmiter teneatur Facta est autem haec constitutio ad Pascham proximam post obitum Alienorae Reginae matris nostrae anno regni nostri quinto Teste G. fil Petri Com. Essex apud Freitemnel 15 die Aprilis This Ordinance for the Assise of Bread with the Proclamation and proceedings thereupon is more at large recorded in Matthew Paris Hist. Angl. Anno 1262 Editione Tyguri 1589. p. 200. where you may peruse it at leasure In the 5th year of his reign as Met. Paris relates Rex Johannes in COMITES BARONES occasiones praetendens quod ipsuminter hostes reliquerant in partibus transmarinis unde Castella terras suas pro eorum defectu amiserat caepit ab eis septimam partem omnium mobilium suorum by grant as I conceive in a Parliamentary Council nec etiam ab hac rapina in Ecclesiis conuentualibns manus coercuit violentas Yet I find no Writ of Summons to this Council in the Rolls of this year In the 6 year of his reign An. 1204. In crastino circumcisionis venerunt ad Colloquium apud Oxoniam Rex MAGNATES Angliae ubi concessa sunt Regi auxilia militaria de quolibet scuto scilcet duae marcae dimidia Nec etiam Episcopi Abbates sive Ecclesiasticae personae sine promiss one recesserunt In the 8 year of his Regality as King Iohn celebrated the day of our Saviours Naâ—ivity at Oxford So it appears he likewise held a Parliamentary Council there which granted him an ayd toward the recovery of his lands in France and defence of the Realm of England by these two Records that year Claus. 8. Iohan. Regis dors 2. Rex Iustic auxilii assidendi Vic. Berks salutem Sciatis quod Abbas de Abbendon finivit nobiscum pro sexties cent mar pro habenda quietantia de dominicis feodis hominibus omnibus tenentibus suis in Balliva vestra de anxilio Nobis proviso PER CONCILIUM NOSTRUM OXON et ideo vobis mandamus quod ipse inde quietus sit Et si quid inde per Nos incâ—oatum suerit penitus relax Tu autem Vic. videas quod securus sis quod habeamus unam medietatem finis illius ad proximum clausum Pasche Et aliam mediâ—tatem ad ptoximum festum Sancti Iohannis Baptistae Alioquin capietur de firma tua Et Justitiariis mandatum est libere tenentibus suis in ballivia tua quod faciant ei praedictum auxilium Et si quid inde cepisti id ei sine dilatione reddi fac T. Pat. 8. Iohan. Rs. m. 1. Rex Archidiaconâ— Officiali toti Clero Archiepiscopatus Cantuar. Salutem Notum satis quod Archiepiscopi Episcopi Abbates Priores Magnates regni nostri auxilium Nobis fecerunt ad defensionem regni nostri recuperationem terrarum nostrarum Verum quia de vobis confidimns quod Nos â—onorem nostrum diligitis defensionem regni nostri recuperationem terrarum nostrarum affectatis vos rogamus attentius quatenus tale axilium Nobis exemplo accepto ex parte vestra faciatis ut inde vobis gratias dare debeamus Et quod alii Rectores Ecclesiarum intuitu vestri ad auxilium Nobis faciendum exempio vestro facilius inuitentur â—t quantitatâ—m auxilii quod nobis quilibet ipsorum sacâ—re voluer it quilibet vestrum seperatim faciat Ita quod per ipsos in octabis Sanctae circumcisionis inde possimus testificari Teste me ipso apud Ebor. 26. die Maii. This same year the Arch-bishops Bishops Abbots Archdeacons and Clergy of England by command from Pope Innocent without the Kings Writ or consent were called to and resolved to hold a Council at Saint Albans to pay Romescot in an unusual manner and many other unaccustomed exactions to the great prejudice of the Kingdom and oppression of the people whereupon the King upon the general complaint of the universality of the Earls Barons Knights and other Subjects against those exactions this Council issued forth this memorable Writ and Prohibirion in preservation of the rights of the Crown Kingdom People against this Papal usurpation and innovation Pat. 8. Iohan. Rs. m. 1. Rex Archiepiscopis Episcopis Abbatibus Archidiaconis omni clero apud Sanctum Albanum AD CONCILIVM convocato salutem Conquerente universitate Comitum Baronum Militum aliorum-fidelium nostrorum audivimus quod non solum in laiâ—orum grave praejudicium sed etiam in totius Regni nostri intolerabile dispendium super Romescotto praeter consuetudinem soluendo aliis pluribus inconsuetis exacâ—ionibus Autoritate summi Pontisicis CONCILIUM inire CONCILIUM celebrare decrevistis Nos vero licet ob honorem sidie nostrae debitum reverentiae quod sanctae Romanae Ecclesiae impendere tenemur voluntatem sancti Patris vestri Domini Papae Innocentiae obtemperare cupimus tamen omittere non possumus quin quaerelis fidelium subditorum nostrorum clamantium de jactura sua timentium prout necesse est sibi subveniamus â—mergentibâ—scausis quae indempnitati pacis unitati regni nostri obviare possunt quanta decet celeritate diligentia occurramus Vobis igitur praecise mandamus expresse prohibemus ne super praedictis vel aliquibus aliis CONCILIUM ALIQUOD anthoritate aliqua in fide qua nobis tenemini teneatis vel contra regni nostri consuetudinem aliquod novum statuatis et sicut Nos honorem nostrum communem regni tranquillitatem diligitis à celebratione hujusmodi CONCILII à praedictis taxationibus ad praesens supersedeatis quousque cum universitate nostra super hoc COLLOQUIUM habuerimus Scientes per certo quod expediet honori sanctae Romanae Ecclesiae domino Papae Nobis Vobis quod istud ad praesens negotium differatur donec generalem habuimus conferrentiam commodius honestius explicari Et quod vobis hoc mandamus pro honore commodo sacrosanctae Ecclesiae vestri regni nostri id fecimus Quia talia audivimus quod hoc ita fieri necessario expedit sicut vobis dicemus cum vobiscum locuti fuerimus Teste me ipso apud Ebor. 26. die Maii. Now because all Elections of Knights of Shiers are and ought to be made in the next County Court after the Writs for Elections come
Nolentes ipsum Abbatem indebirè sic vexari concessimus pro nobis et haeredibus nostris quod idem Abbas et successores sui de veniendo ad Parliamenta et Consilia nostra vel haeredum nostrorum de caetero quieti sint exonerati imperpetuum Ita semper quod dictus Abbas succeâ—â—ores sui in Procuratores ad hujusmodi Parliamenta Consilia per Clerum mittendos consentiant ut moris est expensis contribuant eorundem In cujus c. Teste Rege apud West monasterium XV. die Februar Per petitionem de Parliamento After which Patent and entry this Abbot being summoned again in the lists of 27. 29 E. 3. upon complaint thereof there was this Memorandum made in the Clause Roll of 29 E. 3. Cancellaâ—ur Abbas Leycestriae quia habâ—â— Cartam Regis quod Non Compellatur vâ—nirâ— ad Parliamâ—ntum The Abbot of Tavistock was summoned to 5 Parliaments and Parliamentary Councils under H. 3. Ed. 1. and Ed. 3. the last whereof was in 23 E. 3. but never after yet King Henry the 8. in the 5. year of his reign created Richard Banham Abbot of Tavistocke and his successors to be one of the Spiritual and Religious Lords of the Parliament of himself his heirs and successors yet withall pardoned their absence at any time from Parliament by reason of their great distance from it paying only the fine of 5. marks for every time they should be personally absent into the Kings Exchequer as this Patent manifests Henricus c. Sciatis quod certis considerationibuâ— nos specialitè◠moventibus oâ— specialem devotionem quam ad Beatam Virginem Mariam matrem Christi sanctumque Rumonum in quorum Honore Abbatia de Tavistocke quae de fundatione nobilium progenitorum nostroum quondam Regum Angliae nostro patronatu dedicata existir gerimus et habemus hinc est quod de gratia nostra speciali ac ex certa scientia mero motu nostris volumus candem Abbatiam sive Monasterium nostrum gaudere honore priuilegio ac liberratibus spiritualium Dominorum Parliamenti nostri Haeredum successorum nostrorum Ideo concessimus per praesentes concedimus pro nobis haeredibus successoribus nostris quantum in nobis est dilecto nobis in Christo Richardo Banhaâ— Abbati de Tavistocke praedicto successoribus suis ut eorum quilibet qui pro tempore ibidem fuerit Abbas sit et erit unus de spiritualibus Religiosis Dominis Parliamenti nostri Haeredum successorum nostrorum gaudendo honore privilegio ac libertatibus ejusdem Et insuper de uberiori gratia nostra aâ—â—â—ctando utilitatem dicti nostri Monasterii considerando ejus distantiam Ita quod si contingat aliquem Abbatem qui pro tempore fuerit fore vel esse absentem propter praedicti Monasterii utilitatem in non veniendo ad Parliamentum praedictum Haeredum vel successorum nostrum quam quidem absentiam eidem Abbati perdonamus per praesentes Ita tamen quod tune solveâ— pro hujusmodi abâ—entia cujuslibet Parliamenti integri in nostro Scaccario suum per Attornatum quinque Marcas nobis haeredibus sive succeâ—â—oribus nostris totiens quotiens hoâ— infuturum contigerit In cujus c. Teste c. Vicesimo terâ—io die Ianuarii c. Sir Edward Cooke in his 4. Institutes p. 45. affirms this Patent to be void in Law but upon such a poor reason as will made all Temporal Lords Barons Earles and Dukes Patents likewise void if they hold not by Barony and I conceive it to be good in Law upon consideration of the premises that our Kings did at their pleasure without any special Patents of Creation summon what Abbots and Priors they thought meet to their Parliaments and omitted discharged them at their pleasures as the premises plentifully manifest beyond contradiction 5. It is most demonstratively and experimentally evident by this Table That the Kings bare writs of summons of Abbots Priors Masters of Religious Orders Deans and other Clergymen not holding by Barony and their sitting in Parliaments and Great Councils and debating consulting advising with the King and the rest of the Abbots Priors Bishops Earls Lords and Barons of the Realm in Parliament according to the tenor of the writs of Summons issued to them all in the self-same form did neither really or actually ennoble either them nor their successors for then by Sir Edward Cooks own doctrine they ought ex debito justitiae to have been summoned constantly during life and their Successors after them when they had been called by writ actually sate in one two much more if in three or four Parliaments when most of them who were summoned sate only in 1 2 3 4 5 6 7 or 8. Parliaments and no more and neither they nor their Successors were ever after summoned yea some of â—hem after above 20 30 40 50 and 60. summons to and Sessions in Parliaments under several Kings have been afterwards discharged or left out of the writs of Summons as no Barons nor Peers of the Realm because they held not by Barony of the King Therefore their writs of Summons and Session did only make them but momentany and quasi temporary Peers or Spiritual Lords pro hac vice only when and whiles they were summoned to and sate in any particular Parliament or great Coâ—ncil amongst the rest of the Prelates and Lords not after they were dissolved when both their temporaâ—ie Peâ—â—â—ge and Lordships if their writâ— and Sessionâ— made them Lords or Peerâ— pro tempore expired with the Parliaments And by the self-same ground reason the Kings summons of any Knights Esquires or other Laymen to Parliament by a general wriâ—â— who held not by Barony without any special Clause creating them Barons by writs or Parents and their actual sitting in Parliament can neither ennoble themselves nor make them Lords Barons or Peers of the Realm for life much lesse their heirs males in fee or for perpetâ—ity after their deceases but onely make them quasi Peers or Great men or rather Assistants to and joynt Coâ—nsellors with the Lords in Parliament pro tempore so long as the Parliaments to which they are summoned and in which they sit continue but no longer as I have elsewherâ— proved and shall further demonstratively evidence in the next Section against Sir Edward Cookes and others mistakes therein 8. That our Kings by their Prerogative and royall Authority alone did upon all extraordinary occasions summon what Abbots Priors Religious and Ecclesiastical persons they thought meet in the self same manner and by the self same forms of writs as they summoned the Bishops Abbots Peers and other Lords who were actual Peers and Barons of the Realm in greater or smaller numbers as they and their Council thought meeâ—est who sate consulted advised in Parliament together with the King and the rest of the Lords which royal Prerogative and Jurisdiction was never questioned oppugned complained or voted against in any antient Parliaments to my knowledge which being our Kings Parliaments yea the Grand Councils both of the King and kingdom as
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
grateful acceptance of these First-fruits with all convenient speed communicate to the World in A Second Part. After which I shall in two or more distinct Volumes present unto publick view several other kinds of Writs relating to the Parliaments Great Councils Convocations and Clergy of England to all sorts of proceedings in them Criminal or Civil the assessing levying of the expences of Knights Citizens and Burgesses of Parliament of Dismes Quidismes Aids Subsidies Customs Imposts granted by them with the disposing releasing of them the defence of the Realm by Land or Sea in times of danger the proclaming observing of the Great Charters Laws and Liberties of England and of Acts and Ordinances of Parliament newly enacted with sundry other Rarities which all former Writers of our English Parliaments have either totally omitted or but briefly touched and that very slightly though of excellent use and most necessary to be insisted on for the information of their Readers and benefit of Posterity Not to detain you with any longer Preface I shall now leave you to the perusal of this First Part distinct from those Parts I intend shall follow it if embraced with that respect affection and desire as it may justly expect and hope for from the Nobility Gentry Lawyers Antiquaries and Heralds of the English nation But if slighted vilified neglected like old Almanacks or fashions grown quite out of use and request though meer Novelties in their discovery communication to the world hitherto unacquainted with them I shall then resolve to cast no more such precious ancient Pearls and Rarities beâ—ore swine who wil neglect trample them under their feet but reserve them for my own private Cabinet use ornament benefit delight and such learned Friends to whom I shal hereafter bequeath them who will estimate them according to their true intrinsecal worth and prefer them before the most orient Pearls and Diamonds which are only for shew when as these are of greatest publick use and will be so esteemed in future generations how much soever slighted by the Athenians of this age who like the old ones Acts 17. 20 21. spend their tiâ—e in nothing else but to tell or hear some new thing preferring new Gloworms Ignes fatui and Prodigious Comets shining onely in the night before the Sun Moon and fixed Planets which ten thousand times outshine transcend them both in splendor magnitude use excellency and publick benefit It is Cicero his observation of old Solis exortus cursus occasus nemo admiratur propterea quod quotidie â—iunt at â—cclypses solis mirantur quia raro accidunt Nulla nisi rara aut admirabili re commovetur animus Which Seneca thus seconds Ita coÌ„positi sumus ut nos quotidiana etiam si admiratione digna sunt transeant contra minimarum quoque rerum si insolitae prodierunt spectaculum dulce fiat Hic quoque caetus astrorum quibus immensi corporis pulchritudo distringuitur populum non convocat sed cum aliquid ex more mutatum est omnium vultus in coelo est Nemo observat lunam nisi laborantem Tunc urbes clamant tunc pro se superstitione vana trepidant Quanta illa majora sunt quod Sol totidem gradus quotidie habet annum suo circuitu claudit quod à solstitio diem inclinat noctibus spacium dat quod sydera abscondit quod terras cum tanto major sit illis non urit sed calorem suum intentionibus remissionibus temperando fovet quod lunam nunquam implet nisi adversam sibi nec obscurat haec tamen non annotamus quamdiu ordo servatur Si quid turbatum est aut praeter consuetudinem emicuit spectamus interrogamus ostendimus Idem in comae is fit c. Adeo naturale est nova magis quaÌ„ magna mirari w ch is in truth both the sin folly of our present fantastick childish age affecting studying delighting admiring nothing but Novelties as well in Theology all kinds of Arts Sciences publick Government and Parliaments themselves as â—â—ell as Fashions or Apparel though never so prodigious Heterodox ridiculous or destructive But however vertiginous Scepticks and fantastick Gallants having more hair than brains are wholly enamored infatuated with New-Nothings yet all judicious Christians Lawyers Statesmen with holy and prudent King David a man after Gods own heart will consider the dayes of old the years of ancient times And according to Gods own precept stand in the wayes and see and ask for the old paths where is the good way and walk therein that they may find ease for their souls Concluding with holy Iob with the ancient is wisdom and understanding And with our Saviours own resolution wherwith I shall close up this Epistle No man having drunk old wine straitway desireth new for he saith THE OLD IS BETTER Which is the experimental resolution of Your unfeined Friend and Servant as well in relation to private as publick good WILL. PRYNNE From my Study in Lincolns Inne Ian. 26. 1658 1659. A Brief Register Kalendar and Survey of the severall kinds of all Parliamentary Writs with usefull Observations on them THat all Great Councils of State Parliaments Synods Convocations held in England under the British Saxon Danish Norman English Kings successively reigning therein were summoned by their Royal Writs precepts and held by their Authority alone is a Truth irrefragable which I have elswhere abundantly evidenced by Histories and Records though all the Writs whereby they were summoned till the reign of King Iohn be no where extant being consumed by the all-devouring jawes of time The Writs of Summons to Parliaments and Great Councils of State being the Corner-stones whereon they are founded and best discovering the causes ends for which they were summoned instead of that Folio Register of them at large which I once intended to have published I shall present you only with a Brief Register and Kalendar of some of the antientest and rarest of them full of excellent variety and delight and such Observations on and from them as may best instruct the Readers rectify the mistakes of some pretended Antiquartes who have written of our English Parliaments writs of summons to them and supply their defects especially concerning the several forms and various kinds of Parliamentary writs which they have rather touched than handled being all very maimed and incompleat in this particular To avoid Confusion I shall Marshall these Writs into several Squadrons according to the quality of the persons to whom they were directed and that in a Chronological Series digesting them into distinct Sections beginning with those issued out to our Archbishops Bishops Abbots Priors and Spiritual Lords or Barons of the Realm SECTION I. Concerning Writs of Summons to Parliaments Great Councils Convocations issued out to Archbishops Bishops Abbots Priors and other Ecclestastical Barons of the Realm who were Peers and Members of our Parliaments THe first writ of Summons to Parliament of this of any other kind extant in History or Record that I have seen is in the 6. year of King Iohn
Regem Edoem modo mandatum est Archiepisc. Eborum et Episcopis ac Comitibus et Magnatibus et aliis subscriptis DE CONSILIO REGIS existentibus mutatis mutandis there being only the names of 8. Bishops subscribed without any Abbots or Priors and 10 Earls 23 Lords and Barons 5. Justices and 3. others of the Kings Council but no writs at all for electing Knights Citizens or Burgesses So as this was no Summons to a Parliament but rather to a Privy Council or Consultation The 67. writ is extant in Claus. 11. E. 3. pars 1. m. 8. dorso Rex c. I. c. Archiep. Cantuar. Quia super quibusdam arduis et urgentissimis negotiis quae per solempnes Nuncios nostros quos ad partes transmarinas transmissimus Nobis jam sunt plenius intimata et quae Nos et statum regni nostri Coronaeque jura specialiter et intimis contingent vobiscum et cum aliis Praelatis Magnatibus et Proceribus ipsius regni nostri Westm. die Lunae prox post festum Sanctae Margaretae Virginis prox futur Colloquium habere volumus et tractatum Vobis in fide et dilectione c. mandamus quod cessante excusatione quacunque dictis die et loco personaliter intersitis Nobiscum et cum caeteris Praelatis Magnatibus et Proceribus praedictis super dictis negotris tractaturi vestrumque consilium impensuri Et hoc sicut Nos et honorem nostrum et tranquillitatem et salvationem regni Coronaeque nostrorum diligitis nullatenus omucatis Scientes quod propter arduitatem et magnitudinem negotiorum praedictorum absentiam vestram ad diem illum nequimus nec volumus aliqualiter excusare Teste Rege apud Staunford 21 die Iunii Per ipsum Regem Eodem modo mandatum est Episcopis Abbatibus et Prioribus subscriptis vâ—z 15 Bishops 25 Abbots 4 Priors the last of Sempyngham oft omitted before 10. Earls 38 Nobles and great men The 68. is this Notable writ in Claus. 11 E. 3. part 2. m. 40. dorso Rex c. I. Archiepisc. Cantuar. c. Cum de assensu Praelatorum Magnatum Procerum regni nostri ac aliorum de Consilio nostro ad partes transmarinas una cum nonâ—ullis Magnatibus et Proceribus et aliis Pidelibus nostris ex câ—rtis et legitimis causis infra breve Domino duce ordinavimus Nos transfretare et prae caeteris insideat Nobis cordi quod pax nostra in regno nostro in nostra absenâ—ia inviolabiliter observetur et idem regnum nostrum ab hostium incursibus tueatur Nos autem passagium nostrum praedictum ad dictas partes super custodia dicti regni nostri et conservatione pacis nostrae in codem regno dum sic absentes fuerâ—mus ct aliis arduis et urgentissimis negotiis tam Nos et Statum ejusdem regni altarumque terrarum nostrarum quam eundem transitum nostrum spcialiter contingentibus vobiscum et cum caeâ—eris Praelatis et Magnatibus ipsius regni apud Westm. die Veneris prox ante festum Sancti Michâ—elis prox futur habore volumus Colloquium et tractatum Et ideo vobis in fide et dilectione quibus nobis tenemini sirmiter injungendo mandamus quod pensatis tanta nostrorum et dictâ— regni negotiorum arduitate et periculis imminentibus absque excâ—satione qu â—cunque dictis die et loco personaliter inter sitis Nâ—biscum et cum caeteris Praelatis Magnatibus et Proceribus praedictis super dictis negotiis tractaâ—uri vestrumque consilium impensuri Et hoc sicut honorem nostrum ac salvationem et tranquillitatâ—m dicti regni nostri et Ecclesiae sanctae diligitis modis omnibus faciatis Ne quod absit per vestri absentiam expeditio negotiorum nostrorum praedictorum retardetur seu quomodolibet differetur Et praemunientes Priorem c. Teste Roge apud Westm. 18 die Augusti Per ipsum Regem Eodem modo mandatum est W. Arch. Eborum to 15. Bishops more Custod Spiritualitatis Episcopatus Cicestr sede vacante 29. Abbots and 3. Priors The 69. is the writ in the same Roll and membrana to summon a Convocation of the Clergy at Pauls Rex c. J. c. Archiepisc. Cantuar. c. Cum de assensu Praelatorum c. usque imparturi ut supra et tunc sic Et quia negotia praedicta salvationem et quictem regni nostri et Ecclesiae sanctae â—c universorum ac singulorum ipsius regni specialiter contingunt Vobis mandamus rogantes quod Episcopos Praelatos Clerum vestrae Provinciae apud Ecclesiam Sancti Pauli London in crastino S. Michaelis prox futur convocari fac Ita quod tam dicti Episcopi quam Decani et Priores Ecclesiarum Catâ—edralium Archidi aconi et Abbates exempti et non exempti quos expedire videritis personaliter et quodlibet Capitulorum praedictarum Ecclesiarum Cathedralium per unum et lerici cuâ—uslibet Dioc. per duos Procuratores sufficientem potestatem habentes apud dictam Ecclesiam Sancti Pauli in praedicto crastino Sancti Michaelis intersint ad tractandum et consulendum super praemissis una vobiscum et aliis per Nos tunc mittendis et ad consentiendum hiis quae tunc ibidem pro communi defensione et utilitate divina favente clementia contigerit ordinari Teste ut supra Per ipsum Regem Consimile Breve dirigitur W. Archiepiscopo Eborum Angliae Primati quod convocare fac Praelatos c. de Provincia sua apud Eâ—orum die Iovis prox post Octabis S. Michaelis prox futur Teste uâ— supra The 70. is this Notable writ in Claus. Anno 11 E. 3. pars 2. m 11. dorso Rex c. J. c. Archiep Cantuar. c. Quia tam super urgentissimis negotiis Nos et statum regni nostri ac aliarum terrarum nostrraum ac jura nostra et Coronae nostrae tangenâ—ibus quam etiam super expeditione quorundam altorum arduorum negotiorum quae venerabiles Patres Sanctae Romanae Ecclesiae Cardinales ad Nos jam in Angliam per Domiâ—um Summum Pontificem transmissi Nobis ex parte ejusdem Summi Pontificis et dictae sedis specialiter nunciarunt PARLIAMENTUM nostrum apud Westm. in crastino Purificationis beatae Mariae virginis prox futur tenere ac ibidem vobiscum et cum caeteris Praelatis c. Et hoc sicut Nos et honorem nostrum et tranquillitatem et quietem dictorum regni et terrarum diligitis nullatenus omittatis Praemunientes Priorem c. Scientes insuper quod tam propâ—er dictorum negotiorum arduitatem quam pro co quod nonnulla alia nostri et regni nostri negotia in diversis Parliamentis nostris ante haec tempora tentis propter absentiam Praelatorum et Magnatum ejusdem regni qui eisdem Parliamentis una cum aliis ipsius
of Summons to the Temporal Lords reserving my General Annotations and Observations concerning Parliamentary writs for the Close of the first Part of this Brief Register Kalendar and Survey when they have taken a full view of all the several kindes and varieties of Parliamentary writs of Summons whereon they must be grounded 1. That as the Spiritual Lords and Barons are mentioned in all Great Councils Parliaments Prologues and Acts of Parliament before the Temporal Lords and Barons So generally for the most part the writs of Summons directed to them are first entred recorded in the Dorse of the Clause Rolls before the writs to the Temporal Lords though now and then the writs to the Prince of Wales and some other Temporal Peers are first enrolled but yet very rarely 2. That when there was an Archbishop of Canterbury in being the first writ of Summons to or Prorogation of Parliaments entred in the Rolls is generally that which issued unto him as Primate of all England if within the Realm or to his 〈…〉 absence out of it But when there was no Archbishop of Canterbury living the first writ 〈…〉 in the Roâ—â—s issued to the Archbishop of 〈◊〉 as Primate of England yet now and then the first writ of Summons entred is directed to the Archbishop of York when both are living and the writ to the Gardian of the Spiritualties of Canterbury 〈…〉 of that See is someâ—imes first entred before the writ to the Archbishop of York Yea if the Archbishop of York was a Cardinal and Canterbury none ye 〈…〉 of Summons as appears by Clâ—â—s 25 H. 6. m. 16. 24 dorso and 29 H. 6. m. 〈…〉 â—orso and other Rolls 3. That when both Sees of Canterbury and York were void the first writ entred was directed to the Bishop of London as in 22 E. 3. where the Archbishop of Canterbury was elected and confirmed but not installed and York quite void and sometimes to some other Bishop without any certain method therein observed 4. That in Claus. 6 Iohannis the first writ of Summons extant there is only one single writ of Summons without the Bishops name to whom it was issued and in Claus. 26 H. 3. only one single writ of Summons to the Archbishop of York without mention of any writs to other Bishops which yet no doubt had writs of Summons as well as he though not entred as some clauses in the bodies of both these writs do intimate 5. That in the Summons of 49 H. 3. the first and only writ registred is directed to the Bishop of Durham and 18 Abbots and Priors are listed in the Eodem modo mandatum est before the Archbishop of York and other Bishops 6. That the writs directed to the Archbishops of Canterbury always stiled them Venerabili in Christo Patri eadem gratia Cantuariae Archiepiscopo totius Angliae Primati That the writs issued to the Archbishops of York ever use this stile Venerabili in Christo Patri eadem gratia Eborum Archiepiscopo Angliae Primati leaving out totius And the writs sent to all other Bishops run thus Venerabili in Christo Patri eadem gratia Episcopo c. But iâ— any Archbishop or Bishop were made a Cardinal then the stile was Cardinali et Archiepiscopo Eborum et Cardinali et Episcopo Wynton as in Claus. 25 H. 6. m. 16 24 dorso 29 H. 6. m. 21. dorso and other Clause Rolls of Hen. 6. when York and Winchester were both Cardinals and Winchester is still placed whiles a Cardinal next after York The writs to Abbots Priors Gardians of Spiritualties of Bishops and other Ecclesiastical persons usually run in this form Dilecto sibi in Christo Abbati Sancti Augustini c or Priori de Lewes c. which I have here omitted in their writs for the most part with an c. to avoid frequent Repetitions and pâ—olixity 7. That in the Eodem modo and Kalendar of the Bishops names to whom writs were directed the Archbishop of York is for the most part first named yet somtimes he and his Suffragans are listed after all the Bishops of the Province of Canterbury sometimes before them sometimes intermixed with them In the entring of the Bishops names there is no certain order or method observed for sometimes the Bishop of Durham is first named other times the Bishop of London elewhere the Bishop of Winchester sometimes the Bishop of Rochester otherwhiles Chichester Now and then all the Welsh Bishops are named together after all the rest of the Province of Canterbury yet in some Rolls they are named promiscuously intermixed with the English Prelates as the writs came first to the Registers hands and not according to the Antiquity of their Sees or consecrations for ought I can discern by comparing their entries Only it is observable that Anthony Beak Bishop of Durham a very wealthy Prelat procuring himself to be made Patriarch of Ierusalem by the Pope was summoned by the Title of A. Patriarch Ierusalem et Episc. Dunolm in the Summons of 1 2 13 of Edward 2. Here p. 15 16. and entred next after the Archbishop of York in the Rolls 8. That the Bishops for the most part are named in the Rolls and entred by themselves before the Abbots and Priors yet now and then but very rarely they are intermixed with the Abbots and Priors as in 49 H. 3. dors 11. 9. That all the Archbishops and Bishops were usually summoned to all our Parliaments but not to Councils of State and that in person if in England or alive But when any Archbishop or Bishop was absent in forein parts the King usually sent writs of Summons to their Vicars Generals and when their Bishopricks were void by their deaths or translations to another Bishoprick to the Guardians of their Spiritualties to supply their places 10. That when any Archbishop Bishop or Abbot was elected only before his confirmation or installment the writ of Summons issued to him by the name of I. Electo Cantuanae electo Hereford c. If elected and confirmed but not installed then Electo Cantuariae or Hereford confirmato By which it is evident that Archbishops Bishops and Abbots only elected or elected or confirmed might be and were usually summoned to 〈…〉 likewise in their absence beyond the Seas Yea in 2 E. 2. dors 14. There is a writ issued R. Electo Dublin Episcopo in the Eodem modo registred amongst the Bishops of England next after the Patriarch of Ierusalem and Bishop of Durham 12. That the chief reason why sometimes there are more Bishops summoned to one Parliament than another is only the vacation of their Sees by their deaths or translations what the number of them was summoned to each Parliament I have mentioned in the grosse where I find them entred in the Rolle at large to avoid the repetition of their names which those who please may peruse in the rolls themselves 1â— That the first writs
to the Archbishops of Canterbury York or any other Bishop in the Clause Rolls be they writs either of Summons to a Parliament Council or Convocation or of Adjournment or Prorogation are usually entred at large which I have abbreviated with an c. where the form and clauses are the same with those I transcribe at large And the writs which follow the first issued to the rest of the Bishops are but briefly entred for the most part with an Eodem modo mandatum est subscriptis or Consimiles Literae or Consimilia Brâ—via diriguntur subscriptis viz. c. unless it be where there are different Clauses in some of the writs varying from those to the first Bishops which Clauses recited at large I have here printed when they occurre in the Rolls 13. That the writs of Summons to Parliaments directed to the Archbishops and Bishops are of various forms differing very often one from the other not only in their recitals of the particular causes of summoning them but in sundry special and unusual clauses as I have touched in the recital of them and shall more largely insist on in my General Obsâ—rvations in the close of this Part of my Register That the writs of Summons to Councils and Convocations issued to the Archbishops and Bishops are usually different one from another not only in form and specialâ— Clauses but likewise from the writs of Summons to Parliaments unless where the word Concilium is used for a Parliament There being no Praemuniâ—ntes c. in any writs of Summons to Councils of State but only to Parliaments and that not alwayes but aâ— the Kings pleasure and no general Summons of all the Archbishops Bishops Abbots and Priors holding by Barony to all Councils of State but only of such and so many of them as the King and his Counsil thought meet when as they were usually all summoned to Parliaments 14. That the writs of Summons to Convocations of the Clergy were directed only to the two Archbishops or their Vicars Generals to summon all the Bishops Abbots Priors and Clergy of their respective Provinces to them not alwayes on a certain day or place as in writs for Parliaments and Great Councils but at such time or place as they deemed most convenient without any particular writs at all issued to any other Bishops Abbots Priors or Clergy men as in Summons to Parliaments and Great Councils where though they had all particular writs of Summons yet the King oft times issued special writs to the two Archbishops to summon all the Bishops Abbots Priors and Clergy within the several Diocesses of their Provinces to appear at the Parliaments Councils and Convocations to prevent all negligence defects or faylers in their Summonâ— and excuses for not appearing whereby the affairs of the King and kigdom might be prejudiced 15. That â—he number of Abbots and Priors summoned to our Parliaments was somtimes more somtimes less as I have briefly touched relating their number in the grosse for brevity sake where I find them particularly mentioned in the Rolls The names of those Abbots and Priorr who were ordinarily or extraordinarily summoned to Parliaments and Parliamentary Councils with the reasons of this incertainty in their numbers by subsequent exemptions because they held no Lands by Barony or Knights service from the King but only in Frankalmoigne or by act of special grace or through vacancy by death or otherwise those who please may read at large in Mr. Seldens Titles of Honor Book 2. ch 5. Sect. 22 23 25. p. 732. to 735. and more particularly in the ensuing Alphabetical Table of their names and Summons I shall here only present the Readers with 3. Kalendars of their names out of the Clause Rolls as I finde them there recorded The 1. List is that in the Clause Roll of 49 H. 3. m. 11 dorso in Cedula where the writ at large being directed to R. c. Episcopo Dunolm c. as it is here transcribed p. 5 6. immediately after the writ this Catalogue of the Bishops Abbots Priors and Deans names summoned to it follows in this form Eodem modo mandatum est Episcopo Karliol Abbati Sanctae Mariae Eborum Priori Dunolm Priori Sanctae Trinitatis Eborum Abbati de Seleby Abbati de Furness Abbati de Fontibus Abbati de Royvall Abbati de Melsa Archiepiscopo Eborum Priori de Parco Abbati de Rupâ— Abbati de Bella Lauda Priori de Bridlington Priori S. Oswaldi Abbati de Rufford Priori de Blida Priori de Thurgarton Priori Karliol Abbati de Wyteby Priori de Giseborne Decano Eborum Eodem modo mandatum est subscriptis Episcopo London Episcopo Wynton Episcopo Exon. Episcopo Wygorn Episcopo Lincoln Decano Exon. Decano de Well Episcopo Elien Episcopo Sarum Episcopo Coventr et Litchf Episcopo Cicâ—str Electâ— Bath et Wellen. Decano Sâ—rum Decano Lincoln In forma praedict a scribitur Abbatibus Prioribus subscriptis sub hac data Teste Rege apud Wodest XXIIII die Decembr Abbati Sancti Edmundi Abbati de Wautham Abbati de Sancto Albano Abbati de Glaston Abbati de Rading Abbati de Cirencestr Priori de Merton Abbati de Oseney Priori Sanctae Fresewid Oxon. Abbati de Missenden Abbati de Waverle Priori Elien Priori Norwicen Abbati Cestr. Abbati Salop. Abbati de Hulmo Abbati de Bardene Priori de Lenton Abbati de Bello Priori Ordinis de Sempliâ—gham Priori de Watton Electo de Evesham Abbati Westm. Priori Hospitalis Sancti Iohannis Ierusalem in Anglia Magistro Militis Templi in Anglia Abbati de Ramesey Abbati de Burgo Abbati de Thorn Abbati de Crouland Abbati Colecestr Priori de Dunstaple Abbati de Bello loco Abbati de Parco Lude Abbati de Stanlegh Abbati de Lilleshull Abbati de Buttlesden Priori de Betuveâ—r Priori de Lews Abbati de Clervaus Priori de Stodley Abbati S. Augustin Cantuar Abbati de Cercesey Priori Sanctae Trinitatis Cantuar. Abbati de Hida Winton Abbati de Middleton Abbati de Cerne Abbati de Abbotisbury Abbati de Tavistocks Priori de Huntingdon Abbati de Sulebey Abbati S. Augustini Bristol Abbati de Malmesbery Abbati de Milchene Abbati de Abingdon Abbati S. Petri Gloucestr Abbati de Persour Abbati de Winchecombe Priori de Coventr Abbati de O elveston Abbati de Teukesbury Priori de Swinesheued Priori de S. Neoto Abbati de Wardon Abbati Sancti Iacobi Northampt Abbati de Leicestr Abbati de Kirkested Priori de Eton. Priori de Cruceroys Abbati de Kirkestall Abbati de Tame Abbati de Bermundesy Priori de Barnewell Abbati de Meryvall Priori Sancti Swithin Winton Abbati de Lesenes Priori de Ledes Priori de Lauda Priori de Spalding Priori Sancti Barthol London Priori de Kenelworth Priori de Nuttell Abbati de Vâ—lle Dei. Abbati de Croxton Here you see 36 Priors inâ—ermixed promiscuously with 65 Abbots one of them only Abbot Elect but not installed the Bishops
nostrumque deliberatum consensum et consâ—â—iium hiis quae mediante Domino ibidem contigerit utiliter ordinari una cum aliis impendendi Ulteriusque faciendi in praemissis et eà concernentibus quod juris fueriâ— et rationis Promittentes Nos ratum firmum et gratum sub Ypotheca reâ—um quos et ligare posâ—umus habituri quicquid dicti PROCURATORES NOSTRI VEL EORUM ALTER in praemissiâ— et ea contingentibus duxerint vel duxerit faciend In cujus rei â—estimonium â—igillum nostrum commune praesentibus est appensum Dat. in Domo nostro Capitulari Bathon 26. That it appears by the Clauses and contents of sundry Praemised Writs as likewise by the Protestations of the Clergy and their Distinct Aydes and Subsidies from the Temporalty granted in Parliaments to our Kings by dâ—â—â—erent Acts of Parliamenâ— exâ—ant in our Printed Statute Books as well as Parliament and Statâ—te Rolls that the King and Temporal Lords and Commons in Parliament could not legally impose any Aydes Subsidies or Taxes whatsoever on the Archbishops Bishops Abbots Priors Deans Chapâ—ers Archdeacons and inferiour Clergy oâ— England without their own special Grants and Consents in their Coâ—vocations it being contrary to the Great Charters of Henry the 1. King John and Henry the 3. Chap. 1. yea to the Freedom Rights Liberties of the Church confirmed by them and to all other Acts confirming Magna Charta and to a particular Act Rot. Parl. anno 8 H. 4. â— 36. exempting them from making Contributions with the Laity Therefore they cannot do it now upon the self same grounds they having as full as large an interest in their Rights freedoms Libeâ—ties and those Grand Charâ—ers Statutes confirming them as any of the Laity have in theirs Yet when they obstinately refused to grant King Edward the first a necessary Ayde for the defence of the Realm in two successive Parliaments one after the other against their allegiance and duty only because Pope Boniface by his Constitution had prohibited under pain of excommunication Ne Talliae vel Exactiones à Clero per seculares Principes quocunque modo exigentur vel eis solvantur de rebus Ecclesiae the King thereupon did put them out of his protection to redeem which many of the Clergy by themselves and many of them by Mediators gave the King the fifth part of their goods notwithstanding the Popes Inhibition which is thus related by Matthew Westminster Anno 1296. p. 407 408. Die Sancti Hillarii celebravit Archiepiscopus Concilium suum cum Coepiscopis suis Suffraganeis Londini in Ecclesia Sancti Pauli Quibus tractantibus per dies octo super postulatione regia non invenerunt iter rectum nec modum exclusivae sententiae si aliqui vel quaeâ—ito colore vel aliquo titulo quippiam contulissent etiam si plurimi clerici aulici curialeâ—que accessiâ—â—ent qui postulatis consilium dederanâ— favorem Quae omnia Regi per Episcopos aliósve nuncios funt relata Qui statim mutatus in crudelem perversa regali aequalitate in tyrannidem licentiatis suis famulis obviantium cleâ—icorum religiosorumque virorum quasi modo hostili equitaturas â—ibi arripere meliores prohibitis insuper placitatoribuâ— in lege sua peritis coram Baronibus de Scaccario seu ante quemvis â—lium Justiciarium secularem pro personis Ecclesiasticis allegare Ecclesiasticos ministros censuit sua pace inâ—ignos Mandavit etiam singulis ordinatis sponte offerre sibi suorum proventuum quintam partem aâ—t invitè cedere omnibus bonis suis. Huic mandato primitus obtemperaverunt quidam â—onsorati in curia regali praelati in cura verò animarum Pilati manifesti ut inducerent pari modo animos caeterorum Quo facto seisita sunt protinus per manus Vicecomitum omnia bona clericorum mobilia immobilia super laicum feodum inventa aâ—quâ— fisco regio titulata cum superabundanti molestia suis ablatis libertatibus qâ—as praedecessores reges Christianitatis conservatores Ecclesiis contulerant authores bonorum Et quod nequius est ferendum appreciabantur ipsorum facultates emptoribus quantocius expoâ—endae nec securi audebant clerici equitare nisi in majori conventu propter militum in clâ—ricos violentiam à rege licentia data Sed omniâ— bona Archiepiscopi mobilia immobiâ—ia capta sunt in manu regis Ipse quidem sustinuit patientè◠Igâ—â—ur Clero siâ—ut supradictum est passo in corpore pasâ—us est Rex in animo Hinc dolor et metus omnium Praelatorum Hiâ—â—mque in perplexitate maxima constituti sunt ut si quicquam concederent sententiam excommunicationis incurrerent ipso facto et si non darent non effugerent immisericordes manus ipsorum praedonum His madefacti adversitatibus pro se ipsis anxii pro grege sibi commisso incoâ—solabiliter moestificati tanquam non habente alimoniam ingruente fame necessario seculum reperere quaesierunt protectionem regis facultatibus suis ratiociâ—io magno redemptis Yet notwithstanding all the Clergy procured special Absolutions from this Poâ—e from that Excommunication they conceived they had incurred by this their Ayd granted to the King against his Constitution though done only through force and such fear as might happen even to a constant man as I observe by certain Instruments of Absolution remembred by none of our Historians but registred in the Leiger Book of the Priory of Bath out of which I have transcribed them as not unworthy publike knowledge Venerabili in Christo Patri Dei gratia Archiepâ—sâ—opo Cantuar. vel ejus Vicario in Spiritualibus Frater Gentilis miseratione divinâ— Ecclesiae Sancti Martini in Montibus Presbyter Cardinalis salutem et synceram in Domino caritatem Ex parte Johâ—nnis de Godmer perpetui Vicarii Ecclesiae de Chedâ—ern Bathon Wellen. Diocaes Nobis oblata petâ—tio continebat Quod ipse olim per vim metum qui cadere posset in constantem invitus Ministris seâ— Collectoribuâ— illustris Regis Angliae contra novae Constitutionts tenorem Sanctissimi Patris Domini Bonefacii divina providentia Papae 〈◊〉 Tallias sive Collec tas per solvit per quod sententiam Excommunicationis incurrit in tales generaliter promulgataem et sic ligatius non tamen in contemptum Clavium in suis Ordinibus ministravit et alias se ingressit divinis Super quibus supplicari feâ—it humiliter siâ—i de absolutionis beneficio et dispensationis gratia per sedem Apostolicam salubriter provideri Nos igitur auctoritate Domini Papae cujus Penitentiariae curam gerimus circumspectioni vestrae committimus quatenus si ita est ipsum Vicarium à dictae excommunicationis Sententia â—uxtae formam Ecclesiae absolvatis Proviso attentè quod idem Vicarius super hoc mandatis Domini Papae et Romanae Ecclesiae semper parebit et faciet illam poenitentiam quam sibi duxerit injungendâ—m eoque ad tempus prout
the writs of Summons and all Prologues and Acts of Parliament stile them they might thereupon lawfully summon to them what persons they deemed most fit and able to advise assist them and to promote dispatch their publike affairs for their own and the kingdomes benefit safety defence and common welfare though no actual Peers Lords or Barons of the Realm by Patent or Tenure as will more fully appear by the two next Sections 7. This Table doth undeniably convince the forecited Memorandum p. 34. entred in Cl. 6 E. 3. m. 36. Istis Abbatibus et Prioribus subscriptis non solebat scribi in aliis Parliamentis viz. Abbati de Teukesbury with 26 Abbots and Priors there named to be full of gross mistakes For I find the Abbot of St. Augustines Bristol summoned no less than 5. times before and 11. times after 6 E. 3. and the Abbot of Bardenay no less than 33. times sommoned before and 80. times after it being one of the Abbots constantly summoned till the 23 E. 4. and dissolution of Monasteries the Abbot of Barlinges 25. times before it the Abbot de Bello 30. times before and 70. after it being one of the 25 Abbots constantly summoned as a Baron the Abbot of Burton upon Trent 12 times the Prior of Bridlington 8. times the Prior of Chester 4. times the Abbot de Fontibus 26. the Abbot of Furneyes 23. times the Abbot of Gerveux Gervall or Iorvall 13. times the Prior of Gisâ—urn thrice the Abbot of Hayles 21 times the Abbot of Lâ—â—â—â—nes twice the Abbot of St. Ositha 12. timeâ— the Abbot of Perâ—hore 11. times the Abbot of Ryevall 14. times the Master and Prior of the Order of Sempingham 29. times the Abbot of Stratford 12. times all of them before 6 E. 3. the Abbot of Tavistock thrice before and twice after iâ— the Abbot of Thamâ— once the Abbot of Teukesbury 5. times and the Abbot of Wardon 4. times before it Only to the Abbots of Boghland Langedon and Wâ—alley therein mentioned I finde no writs of Summons in any Rolls unless Boghland be meant of Bocland as I conceive it is who was twice summoned and Langedon for Lavedon who was 5. times and Whalley for Wave ley who was 9. times summoned by writ before this Memorandum entred by some ignorant Clerk who had not well examined the former Clause rolâ—s and lists of Summons 8. That the Bishops Abbots and Priors summoned constantly and of right to our Parliaments and Great Councils by writ were thus summoned to them not as they were Bishops Abbots or Priors but in respect of their Baronies which they held of by from and under our Kings as is evident by the Recognition made in the Great Parliamentary Council at Clarindon Ann. 1164. by Petrus Blesensis his Treatise De Institutione Episcopâ— dedicated to King Henry the 2d by the Judgement given against Thomas Becket Archbishop of Canterbury in a Council at Northamâ—ton Anno 1165. 11 H. 2. recorded by William Fitz-Stephens by the Great Charter of King Iohn Anno 1215. 15 Iohanis by that of Matthew Paris Anno 1231. Septimo Calendas Februarii convenerunt ad Colloquium apud Westmonasterium Rex cum Praelatis et aliis Magnatibus ubi exegit idem Rex Scutagium de quolibet Scuto tres marcas ab omnibus qui Baronâ—as tenebant tam Laicis quam Praelatis â—ui Richardus Canâ—uariensis Archiepiâ—copus et quidam Episcopi cum eo audâ—cter resistentes dixerunt Quod non tenentur viri Ecclesiastici judicio subjici Laicorum cum absque 〈◊〉 concessum â—uit Scutagium in finibus â—ransmâ—â—inis Tandem â—etâ— post mustas inde disceptationes negotium quanâ—â—m ad Praelatos reclamantes pertinebat usque 15. dies post Pascha dilationem acâ—â—pit And by this notible passage of the Continuer of Matthew Paris Anno 1267. 51 H. 3. Rex citati fâ—cit Comites et Barones Archiepiscopos Episcopos et Abbates omnesque communiter militare servitium sibi debenter ut apud Sanctum Edmundum equis et aâ—mis sufficienter instructi convenirent ad impeâ—endum â—os qui contra pacem Regiam occupaverunt Insâ—lâ—m Eljensem c. Abadunaâ—is qui ad Parliamentum citati suerant praeter rebelles primo principaliter Rex et Legarus subscriptos Articulos exigebant Ut omnes Praelati rectores Ecclesiarum decimas sibi concederent de tribus annis sequentibus de anno prâ—ximo praeâ—eâ—ito quantum dabunt Baronibus ad custodiendum mare contra alienigenaâ— Responsio Ad hoc responderunt quod bellum inceptum fuerat per iniquam cupiditatem durat in praesens necessarium esset hujusmodi petitiones pessimas praeterire de pace regni tractare et Parliamentum suum ad utilitatem Ecclesiae et regni convertere non ad denatiorum extorsionem praecipue quum terra in tantum destructa sit per bellum quod nunquam vel saltem sero poterit respirate Secunduâ— Item petitum est ut Ecclesiae taxarentur per manus Laicorum justa et alta taxatione ad valorem omnium bonorum spectantium ad easdem Responsio Ad hoc respondebatur quod non est ratio sed omnino contra justiciam ut Laici de decimis colligendis se intromittant nec in hoc unquam consentirent communiter sed tantum ut taxaâ—io antiqua staret Tertius Item ut Episcopi Abbates c. decimam suam darent DE BARONIIS SUIS plenarie et de Laico feudo recta alta taxatione Responsio Ad hoc respondebatur quod depraedationibus sunt depauperati et sequuti sunt Regem in expeditione tanta pecuniarum effusione quod omnino pauperes sunt effecti eâ— etiam â—errae eorum incultae â—acâ—bant propter bellum Quartus Item petirum est ut Clerus communiter daret domino Regi ad relevandum staâ—um suum triginta millia marcarum propter ante dictas decimas quas quidem Legat us vendicabat ad opus Romanae curiae propter debita Siciliae Apuliae et Calabriae contracta in nomine domini Edmundi filii Regis modo praesentis Responsio Ad hoc respondebatur quod â—ihil darent quia omnes hujusmodi taxationes extorsiones per Regem factae prius nunquam in Regis utilitatem vel regni sunt conversae Quiutus Item petitum est ut omnes Clerici TENENTES BARONIAS vel Laicum feudum personaliter armati procederent contra regios adversarios vel tantum servirium in expeditione Regis invenirent quantum pertineret ad tantam terram vel tenementum Responsio Ad hoc respondebatur quod non debent pugnare cum gladio materiali sed spitiâ—uali scilicet cum lachrymis orationibus humilibus devotis Et quod propter beneficia sua
fide 〈◊〉 quibus Nobis tâ—nâ—mini only which is oft times inserted into the writs to the Temporal Lords and others of the Laity not peculiar only to the Clergy as in homagio ligâ—antia are to the Temporâ—lly The reason whereof I conceive to be groâ—nded on that of Littleton in his Chapter of Homage Sect. 86. If an Abbot or Prior or other man of Religion which extends to all Archbishops Bishops Deâ—n Parsons Prebends and other Ecclesiastical bodies Politick shall do homage to his Lord he shall not say IEO DEVEIGNE VOSTR HOME whence Homage hath its name and derivation as all Temporal Lords and Laymen ought to doe when they do their homage to the King or other Lords because he hath professed himself PUR ESTRE TANT SOLEMENT LE HOME DE DEâ—U But he shall 〈◊〉 say I do Homage unto you and to you I shall be true and faithfull and faith to you bear for the Tenements which I hold of you In which respect Glanvil lib. 9. c. 1 2. Bractonâ— 78. F. Britton cap. 68. 〈◊〉 3â— cap. 16. resolve Sâ—â—endum â—st quod 〈◊〉 liber 〈◊〉 â—asculus quam famina Clericus et Laicus major minor dum tamen electi in Episcopos POST CONSEâ—R ATIONEM HOMAGIUM NON FACIUNT quicquid â—ecerunt anie sed TANTUM FIDELITATEM Conventus aâ—tâ—m HOMAGIUM nec faciet de Iure sicuâ— NEâ— ABBAS NEC PRIOR â—o quod tenent nomine alieno scilicet nomine Ecclesiarum as Sir Ed. Cook likewise observes in his 1. Institutes f. 65. b. So that they doing no homage properly so stiled to the King after their consecrations nor using the words I become your man if we credit Lâ—ttleton in making their homage as the Temporal Lords do Therupon I conjecture the writs of Summons command the Temporal Lords and Laity to appear c. in fide â—t homagio et in â—ide et ligeantia quibus Nobis tenemini but the Prelates Spiritual Lords and other Clergy only in fide et dilectione they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Temporaâ—ties they held of him â—â—xcept only those that hold in Frankalmâ—igne as 29 E. 3. f. 38. a. Littleton Sect. 91 92 93. Sir Edw. Cook in hiâ— 1. Instiâ—utes on these Sections and other Law-books resolve For this I shall produce one memorable Record aâ—â—uring us that all the Archbishops Bishops Abboâ—s Priors and Clergy both in England and Ireland did and of right ought to swear fealty to the King as well as the Temporal Lords and Commons and prescribing Commissioners in Ireland to receive it from them Venerabiii in Christo Patri eâ—dem gratia Midden Episcopo et dilectis et fidelibus suis Mauricio filio Mauricii Justiciario suo Hiberniae et Mgistro Iohanni de Sâ—mford Escheatori suo Hiberniae salutem Cum defuncto jam celebris memoriae Domino Henrico Rege patre nostro cujus animae propicietur Alâ—issimus ad Nos regni Angliae gubernaculum et â—errae Hiberniae Dominium pertineant ob quod PRAELATI Comites et Proceres et Communitas Regni nostri Nobis tanquam Domino suo ligio et Regi FIDELITATIS JURAMENTUM et omnia alia quae Nobis ratione Coronae et Dignitatis Regiae ab ipsis fieri et praestari Nobis in absentia nostra poterun plenariè et sine omissione aliqua prompto et libenti animo PRAESTITERINT AC ARCHIEPISCOPI EPISCOPI ABBATES PRIORES Comites Barones Miâ—ites liberè tenentes ac tota Communitas terrae nostrae HIBERNIAE NOBIS tanquam REGI ET DOMINO SUO â—IGIO CONSIMILE SACRAMENTUM FIDELITATIS PRAESTARE TENEANTUR Dedimus â—obis potestatem recipiendi nomine nostro FIDELITATEM IPSORUM Iâ—a tamen quod si vos omnâ—s interesse ne quiveritis tunc duo velâ—â—us vestrum qui prae ensâ—u rit nihilominus plenaâ—iâ—m hab at potestatem recipiendi nomine nostro FIDELITATEM IPSORUM in forma praedicta Et id o vobi mandamus quod FIDELITATEM PRAEDICTAM nomine nostro recipiatis prout melius videbiâ—is expedire In cujus c. 〈…〉 Westm. 7 die Sept. Aâ—n 1 Eâ— 1. Hence I finde this IURAMENTVM EPISCOPORVM in Tâ—ttles Magna Charta printed London 1556. f. 164. b. being nothiâ—g else but the form of the Oâ—th of Fealty which the Bishops took to our Kings before they received their Temporalties out of their hands being the same in substance which the King of Sâ—ots anâ— his Temporaâ— Lords and English Barons and Laymen usually made to King Edward the 1. and his Successors conâ—inued 〈◊〉 these later times Ieo serra soâ—all et loyall et â—oy et loâ—altie porâ—â—ray AV ROY A SES Hâ—IRES ROYS DE ANGLITERRE de vie et de membres et de terrene honour contre toutâ— gentz qui pâ—yent vivre et mounir Et loyaâ—ment monstray et loyalment ferray les services qui appendent a la temporaltie de Levesque de M. la quelle â—eo claimor de tenir de vousâ— et laâ—quelle voâ—us me rendes Si moy ayde Dieu et ses Saints This Oath of Feâ—lty as Sir Edward Cook and others affirm was first invented and generally prescribed to all persons above 12 years of age by our famous British King Arthur who by vertue thereof ex pulit SARACENOS et Inimices â—egno But this certainly is a meer fable and gross mistake which I admire Mr. Lambard and Sir Edward Cook observed not for the Saxacens never invaded England in any age neither were they expelled the Realm by King Arthur but the Saxons who had then and formerly possessed themselves of a great part of Britain were vanquished and expelled by him in the years of grace 518 520 522 as Matt. Westminster Geoffry Manmouth Tho. Walsingham and other of our Historians relate yet not by vertue of this Oath which no Historian mentionâ— but of his arms and 〈◊〉 this Oath as I concâ—ive being rath â—râ—invented by our Saxon Kings than Kiâ—g Arthur and first prescribed by this Law of King Edmund son of Adelstan made at Culinton by advice of his Bishops and wise men about the year 944. Lex 1. Ut omnes jurent in nomine Domini c. FIDELII ATEM Edmundo Reg. SICVT HOMO DEBET ESSE FIDELIS DOMINO SUO sine omni controversia et seditione in manifesto et occulto c. Et quod ANTEQVAM IURAMENTUM HOC DABITUR ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo This Oath thus instituted was backed by the Laws of Edw. the Confessor of Will the Conq. Lex 78 79. published by Mr. Selden in whose reign all Bishops before their Consecrations did Homage to the K. as well as Fealty for their Temporalties Which though Archbishop Anselm opposed yet at last it was agreed between King Henry the first and him by assent of the Bâ—shops Abbots Lords and Great men in a Parliamentary Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry
the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
Parliamentum nostrum apud Lincoln mittatis Ita quod sint ibi in Octabis Sancti Hillarii prox futur ad ultimum Nobiscum cum caeteris de Consilio nostro super praemissis tractaturi suumque consilium impensuri Et hoc sicuâ— Nos honorem ac commodum Regni nostri diligitis nullatenus omittatis T. Rege ut supra Eodem modo mandatum est Cancellar et Universitati Cantebr quod mittant ad dictum Parliamentum duo vel tres de discretioribus et magis in â—ure scripto expertis c. Then follows a writ to sundry Abbots Priors Deans and Chapters with the same recital Quia super Iure Dominio c. as in the last De mittendiâ— Chronic ad Parliamentum c. of which in its due place more fully The occasion and result whereof and of sending these Lawyers from the Universities to the Parliament you may read at large in Matthew Westminster Anno 1302. p. 419. to 438. and in Thomas de Walsingham Hist. Angl. p. 32. to 58. Before I proceed to the ensuing Writs I shall here observe 1. That this recital Quia super jure Dominio quae Nohis in regno Scotiae competit c. is not mentioned at all in the Writs of Summons to the Archbishops Bishops Abbots Priors temporal Lords Justices or Sheriffs of Counties but only to the Clergy-men of the Kings Counsil Vniversities and to those Abbots Priors Deanes and Chapters who were to search and send their Chronicles to the Parliament that had any thing in them concerning the Kings right to Scotland 2ly That for the Honour of my Quondam nursing Mother the University of Oxford she is here preferred before the Vniversity of Cambridge and her Chancellor and she enjoyned to send 4. or 5. of the discreâ—test and most exact Lawyers of the said University to the Parliament to treat with the King and the rest of his Counsil concerning his ancient right and dominion to the Realme of Scotland whereas the Chancellour and Vniversity of Cambridge are commanded to send only 2. or 3. such Lawyers of it for that purpose 3ly That these Lawyers sent from the Universities upon this special occasion were only extraordinary assistants there being no such president of any thus sent to succeeding Parliaments The 6. Writ of this kind is in Claus. 30. E. 1. d. 13. Rex dilectoâ— fidelissimo suo Rogero la Brabazun salutem Quia super quibusdam arduis negotiis Nos totum Regnum nostrum specialiter tangentibus Vobiscum Cum caeteris de Consilio Nostro habere Volumus colloquium tractatum Vobis mandamus firmiter injungentes quod in Octabis Nativitatis Sancti Johannis Baptistae prox futur ad ultimum apud Westm. omnibus modis personaliter intersâ—â—is Nobiscum superâ—dictis negotâ—is tractatur vestrumque consilium impensur hoc nullatenus omittatis T. Rege ut supra p. 13. Consimiles literae diriguntur subscriptis viz. 33. more Judges and others mentioned in the former Catalogues Anno. 34. E. 1. dors 2. There is no Writ to the Assistants entred in the Roll but 16. of them only Justices and Clergy-men are named in the Eodem modo after the Lords and great men with aâ—little space between their names for distinction sake The next Writ of this kind is thus briefly registred Claus. 1. E. 2. dors 19. Rex dilecto fideli suo Rogeroâ— le Brabazun salutem Quia super quibusdam c. ut supra usquâ— ibi vobiscum cum caeteris fidelibus nostris c. Magnatibus c. Teste Rege ut supra p. 14. 15. eodem modo scribitur subscriptis viz. 29. more Justices Clerks and others In Claus. 1. E. 2. d. 9. There is no Writ but after the Earles and Barons Writ and names followes this entry Eodem modo mandatum est subscriptis viz. Willielmo Iuge and 36. others whereof 2. only were Clergy-men The next Writ is in Claus. 1. E. 2. dors 8. Rex dilecto fideli suo Rogero de Brabazon salutem Quia c. ut supra p. 15. Vobis mandamus firmiter injungentes quod dictis die loco omnibus aliis praetermissis personaliter intersitis ibidem Nobiscum Cum caeteris de Consilio Nostro super dictis negotiis tractatur vestrumque consilium impensur hoc nullatenus omâ—ttatis T. R. apud Westm. x. Die Martii Consimiles literae diriguntur to 35. others Justices and Lay-men and but to 2. Clerks In Claus. 2. E. 2. d. 14. 11. 20 Schedula there are 4. Writs of the same forme with the last The 1. to Roger de Brabazon and 34. others whereof one only was a Clerk the 2. to him and 16. others whereof 7. were Clerks the 3d. to him and 22. others whereof 6. were Clerks and two others Escheators the one ultra Trentam the other citra Trentam The 4th to him and 6. more the one of them a Clerk The next Writ is in Claus. 4. E. 2. dors 1. somewhat different from the former Rex dilecto fideli suo Willielmo de Bereford salutem Quia super diversis arduis negotiis Nos Statum Regni nostri specialiter tangentibus in instanti Parliamento nostro die Dominica prox ante festum Sancti Laurentii prox futur fecimus summoneri Vobiscum cum caeteris de Consilio nostro Colloquium habere volumus tractatum Vobis mandamus firmiter injungentes quod omnibus aliis praetermissis dictis die loco personaliter intersitis Nobiscum cum caeteris de Consilio nostro super praemissis tractaturi Vestrumque consilium impensur Et hoc nullatenus omittatis T. ut supra â—p Eodem modo scribitur subscriptis viz. 16. Lay-men more Claus. 5. E. 2. d. 17. The Kings Counsill Clerks and Judges are thus entred in the eodem modo scribitur subscriptis after the Earles and Lords with a lines space between them and this distinction made between them in the margin of the Roll. Iohanni de Sandale Iohanni de Merkingfeld Waltero de Norwico Iohanni Abell Magistro Ricardo de Abyndon Magistro Iohan. de Everdon Magistr Roberto de Pickering Magistro Iohanni de Nassington senior Rogero Brabazon Willielmo de Bereford Gilberto de Roubury Stephano de Malo Lacu Waltero de Thorp Magistro Tho. de Cobham Magistro Golberto de Middleton Magistro Tho. de Loggore Willielmo de Goldington Iohan. de Chaynell Roberto de Cliderhow Iohan. de Foxle Roberto de Reâ—ford Willielmo de Ormesby Henrico de Stourton Henr. le Scroop Iohan. de Benstede Iohan. de Insula Lamberto de Trikingham Iohan. de Miâ—ford Henr. de Guldeford Iohan. de Doncastr Willielmo Inge Henr. Spigurnel In Claus. 6. E. 2. d. 31. There is such a Writ to Roger le Brabazon as the fore rehearsed with Vobiscum caeteris de Consilio nostro c. twice repeated in it and an eodem mâ—do mandatum est to 42
Kings Counsil summoned to Parliaments and Great Councils by the precedent writs were sometimes very many in number somtimes very few and alwaies more or less at the Kings meer pleasure In the first writ and list of summons extant they were no less than 40 in some others above 30 in most under 20 usually in later times but 10 11 12 13 or 14 sometimes but 4 5 6 or 7 once or twice but one Sometimes most of them were Deans Archdeacons and other Clerks or Clergymen who had alwaies the Title MAGISTRO praefixed to their names both in the writs and lists of their names other times the major number were Justices Laymen and but two or three Clerks In later times the Clergymen were wholly omitted or very rarely inserted and that when they were Treasurers or Temporal Officers to the King An unanswerable apparent Argument and demonstraon that they were no essential Members of our Parliaments or Great Councills since the King might thus summon more or fewer of them or which of them he thought fittest and omit all or any or as many of them as he would at his pleasure out of the summons 4ly That in all lists of Summons of this kinde the Kings Chief Justices and other Justices of his Courts at Westm and Chief Baron were constantly summoned in more or less numbers and the Kings Serjeants very frequently yea the writs of Summons entred in the Rolls were for the most part issued to the Kings Chief Justice because there was most use of the Justices and learned Lawyers advice and counsel in Parliaments in all matters of Law there debated inâ—writs of Error there pending in the penning of New and altering explaining or repealing of former Statutes in Pleas of the Crown and other cases criminal or civil heard and determined in Parliaments than there was of inferiour Clergymen of the Counsil the Archbishops Bishops Abbots Priors and Spiritual Lords there present as Members being sufficiently able to advise the King and Temporal Lords in all Ecclesiastical matters there debated or treated of especially when assisted with the Clerks of the Convocation usually summoned without any Clergymen of the Kings Counsil 5ly That by the King and his Counsil Vs and Our Counsil Vs and the rest of our Counsil aliis ac caeteris de Consilio nostro in the precedent and other writs in the Clause Rols the Rolls of Parliament the afetrcited Statutes and other Acts of Parliament the Kings Justices and others summoned to Parliaments and Great Councils as his Counsil not as Spiritual or Temporal Lords are properly meant and intended not the Lords of the Kings Privy or continual Council nor yet the Lords in Parliament or Parliament it self the Parliament in the writs of Summons to the Bishops in the Clause of Praemunientes Decanum Capitulum Archidiaconos totumque Clerum vestrae Dioc c. and in the writs to the Sheriffs Wardens of the Cinqueports being usually stiled Commune Consilium Regni nostri as the Clause Ad consentiendum hiis quae tunc ihidem de Communi Consilio regni nostri contigerit ordinari inserted into the last part of these Writs informes us And so is it stiled in the writ prescribed by the Statute De non ponendis in Assisâ—s Anno 21 E. 1. in other Writs grounded upon Acts of Parliament in the Register of Writs and Natura Brevium Or the Kings Common or General Council as in the Stat of Vouchers 18 E. 1. in the Statutes of Wast de Defensione Iuris An 20 E 1. and other printed Acts and long before this in Pat. 1 Joh Râ— m. 3 n. 3. Pat. 1 H 3. m. 3. Pat. 3 H 3. ps 2. m. 6. and sundry other writs and Patents in his reign 6ly That although Sir Edward Cooke and others make this the chief or sole distinguishing Claâ—se or proprium quarto modo between the writs of Summons to the Lords and Members of the Lords House and Assistants that the one are always summoned quod in propria persona intersitis Nobiscum ac cum dictis or caeteris Praelatis Magnatibus et Proceribus dicti regni nostri super dictis negotiis tractaturi vestrumque consilium impensuri The others only summoned quod personaliter intersitis Nobiscnm et cum caeteris de Consilio nostro super dictis negotiis tractaturi vestrumque consilium impensuri Yet this is not a general truth For 1. in sundry forecited writs to the Kings Counsil Justices and Assistants this clause Et cum caeteris de Consilio nostro c. is totally omitted though it be in most of them and intersitis Nobiscum only or intersitis Nobiscum et cum dictis Praelatis Magnatibus et Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri without any cum caeteris de Consilio nostro inserted in lieu thereof yet with this distinction not formerly observed by any to my knowledge that in the writs to the Spiritual and Temporal Lords the words alwayes run thus in the first Clause of the writs Vobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus dicti Regni nostri to a Spiritual Lord and Vobiscum cum Praelatis ac CAETERIS Magnatibus et Proceribus c to a Temporal Lord and thus in the mandatory part dictis die et lâ—co personaliter intersitis Nobiscum ac cum CAETERIS Praelatis Magnatibus Proceribus if to a Prelate and if to a Temporal Lord Nobiscum ac cum Praelatis et CAETERIS Magnatibus et Proceribus Praedictis super dictis negotiis tractaturi c. the word Caeteris is alwaies omitted in the writs to the Justices and other Assistants of the Counsil in both these clauses because they are no Spiritual nor Temporal Lords of Parliament nor summoned as such and cum Praelatis Magnatibus Proceribus without caeteris being only used in their writs both where cum caeteris de Consilio nostro is inserted into their writs after the word Proceribus or elsewhere and where it is totally omitted So that the omission of the word caeteris in this place and manner in all writs to the Justices and other Assistants and the inserting it as aforesaid into the writs of the Spiritual and Temporal Lords is the principal distinguishing word that puts a difference between them not this Clause alone Nobiscum cum aliis de Consilio nostro twice inserted into the writs of Prorogation and Resummons both to the Temporal and Spiritual Lords as well as to the Justices and Assistants Claus 33 E. 1. d. 9 10. which I shall recite at large in its due Section 7ly That in the writs of Summons to the Kings Counsil they are never licensed to appear by Proxies or Attorneys as the Spiritual and Temporal Lords sometimes are but in proper person alone 8ly That such of them who were Deans Archdeacons or Clergymen have alwaies the Title MAGITRO prefixed to their names both in
Anno Gratiae â—172 King Henry the 2d Venit OXENFORD IN GENERALI CONCILIO ibidem celebrato CONSTITUIT Iohannem filium suum REGEM IN HYBERNIA concessione confirmatione Alexandri summi pontificis Et in eodem Concilio venerunt ad Regem Resus filius Griphini regulus de Suâ—hwales David filâ—s Oâ—ain regulus de Northwales qui sororem ejusdem regis Angliae in uxorem duxerat Cadwelanus regulus de Delnain Owanus de Keuillian Gâ—iffinus de Brunfeld Madacusâ—ilius â—ilius Gervetrog alii multi de nobilioribus Gualliae et omnes devenerunt homines regis Angliae patris fidelitatem ei contra omnes homines pacem sibi regno suo servandam juraverunt In eodem autem Concilio dedit dominuâ— Rex Angliae praedicto Reso filio Grifsini terram de Meronith David filio Owain terram de Ellesmare Deditque dominus â—ex Hugoni de Lasci ut supradictum est in Hybernia totam Midam cum pertinentiis suis pro servitio 100. militum tenendam de ipso et Iohanne filio suo chartam suam ei inde fecit Deditque ibidem Roberto filio Stephani Miloni de Cogham regnum de Coâ—ch pro servitio 60. militum tenendum de ipso et Iohanne filio suo excepta civitate de Corch cum uno cantredo quae dominus rex sibi et haeredibus suis retinuit Deditque ibidem Hereberto filio Hereberti et Willielmo fratri Comitis Reginaldi Iollano de la Primerai nepoti eorum regnum de Limeric pro servitio 60. militum tenendum de ipso et Iohanne filio suo excepta civitate de Limeric cum uno cantredo quae dominus sibi et haeredibus suis retinuit Tradâ—dit autem dominus rex Willielmo filio Aldelini dapifero suo civitatem Wesesordiae in custodia cum omnâ—bus pertinentiis suis statuit haec subscripta in posterum pertinenda ad servicium Wesefordiae Harkelou cum pertinentiis suis Glascarric cum pertinentiis suis terram Gilberti de Boisrohard Ferneg Winal cum pertinentiis suis Fernes cum pertinentiis suis totam terram de Hervei inter Weseforde aquam de Waterâ—orde Servitium Raimundi de Druna Servitium de Frodrevelan Servitium Vimoâ—thi de Leighlerin Tenementum etiam Machtaloe cum pertinentiis suis. Et Leis terram Gaufridi de Costentin cum pertinentiis suis totam terram Orueldi Tradidit etiam ibidem dominus rex Roberto le Poer marescallo suo in custodia civitatem Waterâ—ordiae cum omnibus pertinentiis suis et statuit haec subscripta in posterum pertinenda ad servitium Waterfordiae totam terram quae est inter Waterforde aquam quae est ultra Lismors totam terram de Oiseric cum pertinentiis suis. Tradidit etiam ibidem dominus rex Hugoni de Laci civitatem Diveliniae cum omnibus pertinentiis suis in custodia staâ—it haec subscripta in posterum pertinenda ad Servitium Diveliniae totam terram de Offelana cum pertinentiis suis Kildaran cum pertinentiis suis totam terram de Offalaia cum pertinentiis suis Wikechelon cum pertinentiis suis servitium de Mida servitium quatuor militum quod Robeâ—tus Poer debet de castello suo de Dunaver Postquam autem dominus rex apud Oxeneford in praedicto modo terras Hyberniae et earum servitia divisisset secit omnes quibus earunâ—emcustodias commisâ—rat homines suos Iohannis silii sui devenire et jurare eâ—s ligantias et fidelitates de terris Hyberniae Et ieâ—de m Concilio dedit dominus rex Richardo Priori de Kiteby abbatiam de Witebi Et Benedicto Priori Ecclesiae sanctae Trinitatis Cantuariae abbatiam de Burgo Richardus Cantuariensis Archiepiscopus benedixit cum in abbatem Eodem anno praedictus Vivianus Presbyter Cardinalis Apostolicae sedis legatus peracta legatione sua in Hybâ—rnia rediit in Angliam per conductum domini râ—gis rediit in Scotiam celebrato Concilio apuâ— castellum puellarum susspendit a pontificali officio Christianum Episcopum Candidae casae quia ad Concilium suum venire noluit sed Episc. suspensionem illam non tenuit septus munimine Rogeri Eboracensis Archiepise cujus suffraganeus ipse erat Deinde venit dominus Rex usque Merleberge ubi Rex dedit Philippo de Brensa totum regnum de Limeric pro servitio sexaginta miliâ—um tenendum de ipso de Iohanne filio suo Nam Herebertus Willielmus fratres Reginaldi Comiâ—is Cornubiae Ioslanus de la Pumerai nepos eorum regnum illud habere noluerunt eo quod nondum perquisitum erat nam occiso a regalibus rege Monodero qui Rex erat de Limeric homo regis Angliae inde suerat quidam de progenie illius vir potens et fortis regnum de Limeric invasit cepit et potenter rexit nullam subjectionem faciens Regi Angliae nec suis obedire voluit propter infidelitatem eorum mala quae faciebant populo Hyberniae sine merito Rex vero Corcensis alii multi divites Hyberniae insurrexerunt in Regem Angliae suos erant novissima eorum pejora prioribus se mutuo interfecerunt By which president it is evident that King Henry by the advice of his Great Council of Prelates and Nobles of in England disposed both of the Kingdoms Crowns and Lands in Ireland to his Son and other subjects of England The same King Henry the 2. Anno Dom. 1182. aetatis annum inchoans quadragesimum nonum dum mentis et corporis incolumitate vigeret dum regnum suum undique tranquillae pacis commoditatibus frueretur apud Waltham Episcopi Winton REGNI CONVOCAVIT MAJORES Itaque prâ—â—sentibus illis et approbantibus quandam pecuniae partem in causas pias procurans Quaâ—raginta siquidem duo miliâ—a marcorum argenti quingentas marcas auri distribuit c. After this Pope Lucius An. 1185. sending a Letter to King Henry the 2d to take the Cross upon him and succour the holy Land by the Pâ—triarch and Master of the Hospital of Hierusalem who presented it to him together with the toy al banner and Keyes of the Lords Scpulcher and of the Tower of David and City of Ierusalem on the behalf of the King and Princes of the Land importuning his answer to their requests Domiâ—us Rex statuit eis terminum suae responsionis primam Dominicam Quadragesimae apud Londonias Ad quam Dominicam Dominus Rex Patriarcha et Episcopi et Abbates et COMITES et BARONES ANGLIAE but no Knights Citizens or Burgesses thereof Willielm REX SCOTIAE David frater ejus CUM COMITIBUS ET BARONIBUS TERRAE SUAE 〈◊〉 Londoniis et habito inde cum deliberatione consslio PLACUIT VNIVERSIS quod Dominus Rex consuleret inde Dominum suum Philippum Regem Franciae
and Deans inâ—erposed between them most of which Priors and some of which Abbots were never after summoned to any other Parliaments nor yet these Deans in this manner The 2. is that of Clause 23 E. 1. m. 4. dorso and 24 E. 1. m. 7. dorso where the Abbots and Priors summoned to those 2. Parliaments are thus registred and distinguished by their several Orders in both these rolls alike and in no Summons else besides these though they are again all summoned and entred almost in this Order in Clauâ—e 28 E. 1. dors 17. and 3. and some Rolls in E. 2. Abbati de S. Edmundo Abbati de Waltham Abbati de Alnewik Abbati de Egleston Abbati de Sta. Agatha Abbati de Barlinge Abbati de Tupholme Abbati de Byley Abbati de la Dale Abbati de Newhus Abbati de Cokirsand Abbati de Croxton Abbati de Kirkested Abbati de S. Radegunda Abbati de Heppe Abbati de Furâ—eyes Abbati de Sallaye Abbati de Holmecoltram Abbati de Novo Monasterio Abbati de Iornall or Iereval Abbati de Fontibus Abbati de Bella Lauda Abbati de Melsa Abbati de Kirkestede Abbati de Rupe Abbati de Rughford Abbati de Valle Dei Abbati de Gerndon Abbati de Stanley in Ardern Abbati de Pippewell Abbati de Combe Abbati de S. Albano Abbati de Evesham Abbati de Tichefeld Abbati de Suleye Abbati de Lavendox Abbati de Torre Abbati de Wellebecks Abbati de Hales Abbati de Bello capite Magistro Militiae Templi in Anglia Priori Hospitalis Ioh. Ierus in Anglia Magistro Ordinis de Semplingham Abbati de Blanca Lauda Abbati de Basingwerk Abbati de Cumbermere Abbati de Crokesdenâ— Abbati de Valle Regali Abbati de Deulacresse Abbati de Mira Valle. Abbati de Stanlawe Abbati de Byldewas Abbati de Stanle in Wiltes Abbati de Swynesheued Abbati de Wardon Abbati de Boxle Abbati de Stratford Abbati de Tyletye Abbati de Binedon Abbati de Quarrera Abbati de Leteley Abbati de Dunkeswell Abbati de Bellâ— locâ— Regis Abbati de Strata florida Abbati de Flaxele Abbati de Tâ—ntâ—rnâ— Abbati de Kingâ—swode Abbati de Waverle Abbati de Revesbye Abbati de Parco Lude 16. That in the writs of Summons to Abbots and Priors the writs are very seldom recited at large to any of them unless in 27 E. 1. d. 9. and towards the latter end of the reign of King Edward the 3. where some writs to the first Abbot named in the lists of Summons are entred at large the rest only recited with an c. or not mentioned at all but only thus Eodem modo mandatum est c. or Consimiles Literae or Consimilia Brevia diriguntur Abbatibus et Prioribus subscriptis entred in the Roll with a Catalogue of their names subscribed under it 17. In antient times the first writ that is entred for the most part issued to the Abbot of S. Augustines in Canterbury in which Rolls there is no certain order observed in the Abbots and Priors names and summons sometimes the Abbot of S. Albans now and then the Abbot of Glastonbury sometimes some other Abbots are first named in the List of Summons and one name frequently praeponed then postponed after another as the Register was pleased to enter them in the Rolls But from 1 H. 4. to the end of King Ed. 4. the first writ entred is Abbati de Burgo Sancti Petri. As for the Priors they are for the most part registred after the Abbots now and then but rarely before the Abbots and frequently intermixed with them sometimes one Prior is placed before another in some Summons which was named last in other Lists few Lists agreeing in the order of their names unlesse that of 23 E. 1. d. 4. and 24 E. 1. d. 7. which exactly accord in all things from which that of 28 E. 1. d. 3. 17. doth somwhat vary in the order though not in the number of their names 18. That the absence of the Archbishops Bishops or other Great men from and noâ— coming to Parliaments anâ— Great Councilâ— when summoned did many times hinder the proceâ—dings in them and causâ— them to be prorogued or adjourned to the publike prejudice yet upon particular necâ—ssary occâ—sions for the kingdomes defence and â—afety their personal presence was dispensed wiâ—h and their Summons superseded wiâ—nesse this memorable writ to the Bishop of Durham Claus. 6 E. 2. m. 12. dorso Rex Venerabili in Christo Patri R. eadem gratia Dunolm Epâ—sâ—opo salutâ—m Liâ—â—t nuper Vobis mandaverâ—mus quod omnâ—bus aliis praetermissis essetis ad Nos tertia Dominica Quadragesimae prox fuâ—ur apud Westm ibidens Nobiscum â—t cum Praelatis â—t Proceribus Regni nostri super diversis negotiis Nos et Statum ejusdâ—m Regni nostri tangentibus tractaturi vest umque consilium impensurâ— Pre securitate tamen Custodiae et majâ—râ— tuitione partâ—um vestrarum contrâ— Scotos inimicos â—t Rebeâ—les nostros vobis man damuâ— quod à partibus praedictis vos nuâ—â—atenus â—â—anfâ—ratis sed Procuratorem vestrum suffloâ—â—nter instructum addictos diem et locum mittatis ad consent â—nd hiâ—s quâ— tunâ— ibâ—dem per Nos â—t dictos Prâ—latos â—t Procâ—reâ—â—â—nâ—â—geris ordinari Teste Rege apud Westm 20 diâ— Feb. Eodem modo mandatum est Episcopo Karliol T. ut supra And this other observable writ of Supersedeas to the Bishops of Durham and Karliol with other Lords and Great men summoned to Parliâ—mâ—nt thus recorded in Claus. 12 R. 2. m. 42. dorso 〈…〉 〈…〉 〈…〉 Vobis mandamus quod propâ—â—r râ—sisteâ—tiam inimicorum nostrorum prâ—dictorum meliori et fortiori modâ— quo poteritis in propriis partibus vestris aut alibi ubi in hac parte meliusâ— videritis expedire expectetis mandato nostro non obstante Ita quod semper dilâ—ctis et fidelibus Henr. de Percy Comiti Northum Johanni ae Nevil de Raby quos ad supervidend et gubernand Marchias Scotiae assignavimus obedientes intendentes sitis et auxiliantes quotâ—â—ns et qâ—ando per ipsos seu â—orum alterum fueritis rationabiliter praemuniti Teste Rege apud Northampton 20 die Augusti Per ipsum Regem et Consilium Consimilia Brevia diriguntur subscriptis sub eadem data viz. Th. Episcopo Karliol Rogero de Clifford Johanni de Roos de Hamlake Rado Baroni de Graystock Philippo Darcy Henr. Fitz Hugh Willielmo de Dacre Consimilia Brevia diriguntur Henr. de Percy Comiti Northumb. Iohanni de Nevill de Raby excepto ultimo Clauso Ita semper Of which see more in my Observations on the next Section and here p. 51 52. 19. That some writs to particular Bishops varied in certain special clauses now and then from those issued to other Bishops at the self same time upon special occasions and in the form of the Praemunientes c. 20. That as there are some single writs of Summons to Bishops or Archbishops entred in
Semplingham and Sempringham sometimes written Prior 49 H. 3. 24 28 d. 3. 17. 30. d. 9. 32 E. 1. 6 7. d. 15. 27. 8 9 11 d. 8. 14. 12 d. 11. 29. 13 14 d. 5. 23. E. 2. 10. d. 1. 5. 11 d. 8. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 15 E. 3. Stodley 49 H. 3. Spalding 49 H. 3. 2 4 5 6 7 d. 15. 27. 8 9 11 d. 8. 14. 12 d. 11. 29. 14 d. 5. 16 17 18 19 E. 2. 4 d. 19. 41. 5 d. 7. 25. 6 d. 4. 9. 19 36. 7 8 9 d. 2. 18. 10 d. 5. 11 d. 8. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 15 E. 3. Switheâ—â— Winton 49 H. 3. 23 25 E. 1. 21 E. 3. Magister Militiae Templi in Anglia 49 H. 3. 23 24 27 28 d. 3. 17. 30. d. 9. 32 E. 1. 1 d. 19. E. 2. This Order of the Templars was dissolved under King Edward the 2. and their Lands â—scheated setled on the Hospitallers by the Statute of 17 E. 2. So that the Mr. of the Templars was never after summoned Thurgarton 49 H. 3. Trinity Cant. 49 H. 3. Trinity Ebor. 49 H. 3. Watton 49 H. 3. Wigorne 23 E. 1. The total of the Priors and Masters of Orders 41. Deans and other particular Clergy-men summoned Decan Ebor. Decan Sarum Decan Lincoln Decan Exon Decan de Well 49 H. 3. Magistro Gilberto Middleton Archid. Northamptonâ— Offic. Cur. Cantuar. Magistr Roberto de Sanct. Albano Decano de Arcubus London 18 E. 2. dors 5. Decano Wellen. 32 E. 3. dors 14. By this Alphabetical exact Table it is apparent 1. That the total Number of the Abbots at any times summoned to Parliaments and Great Councils of State by special Writs and Memorials entred in the Clause Rolls was 122. And the total summ of Priors and Masters of Religious Orders thus summoned 41. in all 163. besides the 5 Deans and the Official of the Court of Canterbury and Dean of the Arches 2. That of all this numerous multitude of Abbots Priors and Masters of Religious Orders thus summoned at several times upon particular reasons and occasions there were only 25 Abbots constantly summoned towards the latter end of King Edward the 3. his reign and the begâ—â—ning of Richard the 2d to the end of King Edward the 4th and the dissolution of Monasteries to wit the Abbots of Abingdon St. Albans St. Augustines Canterbury Bardeny de Bello de Burgo Sancti Petri Cirencester Colecester Croyland St. Edmonds Bury Evesham Glaston Gloucester Hida Hulmo Malmesbury St. Maries of York Rading Ramesy Salop Seleby Thorney Waltham Westminster and Winchecombe And two Priors only namely of Coventre and of the Hospitall of S. Iohn of Ierusalem in England 3. That 13. of these 122. Abbots and 27. of these Priors were summoned only but once 4. of these Abbots and 1. of these Priors but twice 3. of these Abbots and 3. Priors only thrice 6. Abbots and 2. Priors but 4. times 17. Abbots but 5. times others 6. 7. 8. 9. or 10. times summoned and no more then totally omitted out of the Summons ever after 4ly That some Abbots and Priors summoned to very many Parliaments and Great Councils were yet afterwards omitted out of the Summons and never called by writ unto them afterwards For instance the Abbots of St. Augustines Bristoll were summoned to 16. of Barlinges to 25. of Cumbe to 21. the Abbots of Croxton to 22. Dâ—â—ontibus to 25. Of â—urneyes to 23. Of Hales to 21. Of Melsa to 23. Of Mira Valle to 21. Of Osency to 39. Of Thornton to 43. the Master and Prior of the Order of Semplingham to 29. the Prior of Lews or Lewes to 61. and the Prior of Spalding to 41 Parliaments and Great Councils under Henry the 3. Edward 1. 2. or 3. and yet they were never summoned to any Parliaments after King Edward the 3. The Prior of St. Iames Northampton summoned once under Henry the 3d. being Summoned Ann. 12 E. 2. was upon his Petition prosecuted by his Proctor discharged from any future summons and lest out of the Rolls after 14 E. 2. because Non tenet de Rege per Baroniam nec 〈◊〉 Capite sed tantum in puram et perpetuam eleemosynam nec praedecessores sui unquam in Cancellaria iâ— rotulati fuerunt nisi ad stimulationem aliquorum malignorum possent alias pâ—r casum irrotulariâ— et per consequens citari as you may read at large in Mr. Sclden The Prior of Bridlington was summoned 9. times under Henry the 3. and Edward 2. and then in 14 Ed 2. there was this entry made in the Roll Nihil tenet de Rege and no future Summons issued to him afterwards The Abbot of Leicester was summoned to no less than 50 Parliaments and Great Councils under Henry 3. and Ed. 1 2 3. before 25 E. 3. yet after all these Summons there is this entry made upon his 51 summons Ann. 25 E. 3. Here p. 6. Abbas Leicestr cancellatur quia habet Cartam Regis quod non compellatur venira ad Parliamentum The Grounds of which discharge are thus expressed in the Charter of his exemption from future summons granted upon his Petition in Parliament Rex omnibus ad quos c. Salutem Supplicavit nobis dilectus nobis in Christo Abbas de Lecestria ut cum Abbatia sua praedicta per Robertum Fitz Robert de Mâ—kan dudum Comitem Leycestriae fundata fuisset in puram perpetuam elemosinam advocatio â—ive patronatus ejusdem ad manus Domini H. quondam Regis Angliae proavi nostri per forisfactum Simonis dâ— Montâ—â—orti tune Comitis Leycestriae paâ—â—oni ejusdem devenerir idemque Abbas aliqua terras seu tenementa de nobis per Baroniam seu alio modo non teneat per quod ad Parliamenta sen Consilia nostra venire teneatur nec aliquis Praedecessorum suorum ante quadragesimum nonum annum dicti proavi nostri post â—orisfacturam praedicti Simonis quo anno omnes Abbates et Priores Regni nostri Angliae ad Parliamentum ejusdem proavi nostri tune tentum voluntarie summoniti fuerunt summonitus extiterit velimus ipsum Abbarem de hujusmodi adventu ad Parliamentum factae exonerari Et quia visis cartis confirmationibus de â—erris tenementis eidem Abbatiae datis et concessis in Cancellariae nostrae irrot ulatis compertum est quod dicta Abbatia per praedictum Robert Fitz Robert de Mekan tunc Comitem Leycestriae fundata erat in puram et perpetuam Elemosinam et non invenitur in rotulis praedictis quod prae dictus Abbas aliqua â—erras seu tenementa de nobis tenet per Baroniam seu aliquo alio servitio nec quod Praedecessores sui Abbates loci praedicti ad aliqua Parliamenta progenitorum nostrorum ante praedictum quadragesimum nonum annum dicti proavi nostri aut postmodum continuâ— sed vicibus interpolaâ—is summoniti fuerint
tenentur pacem manu tenere non bellum Et quod BARONIAE EORUM ab eleemosynis puris stabiliuntur unde servitium militare non debent nisi certum nec novum incipient Sextus Item petitum est ut Clerus communiter aâ—quietaret novem millia marcarum quas Episcopus Roffensis Laurentius Episcopus Bathoniensis Willielmus Abbas Westmonasterii Richardus mutuo receperunt à mercatoribus domini Papae in curia Romana quando fuerunt ibidem pro Regiis negotiis exâ—ediendis Responsio Ad hoc respondebatur quod nunquam consentiebant mutuationi tanti debiti nec unquam inde sciebâ—nt unde in nullo tenentur illud adquietare Septimus Item petitum est ex parte Papae ut fiâ—ret praedicatio in omni festinatione de cruce per totum regnum ad expugnandâ—m populum quem curia providere vel ad crucem perpetâ—am redimendum Responsio Ad hoc respondebatur quod populus tâ—rrae per bellum in magna parte perimitur si modo cruce signarentur pauci vel nulli ad defensionem patriae remanerent Unde manifestum est quod Legatus vellet naturalem terrae progeniem exulare ut alienigenae liberius conquirere possint terram Octavus Item dicebatur quod Praelati tenebantur ad omnes petitiones vellent nollent propter juramentum de Coventre ubi juraverunt quod domino Regi auxiliarentur modis omnibus quibus possent Responsio Ad hoc responderunt quod quando juramentum fecerunt non intelligebant de alio auxilio quam Spirituali consilioque salubri By which demands and answers not unsutable nor unseasonable for the consideration of our present times it is apparent that the Clergy ought not to be taxed by the Laity for their Ecclesiasticall Baronies and Temporal Lands in Parliament but only by themselves much less then for their Spiritualties and Benefices and that their BARONIES held of the King obliged them to sit and serve in Parliaments yet did not bind them to serve the King in person in his wars nor to foment any wars between him and his Subjects but rather to advise him to maintain peace not wars By Matthew Westminsters relation That the Archbishop of Canterbury who the year before had all his Temporalties and goods seised into the Kings hands for refusing to grant a Subsidy to the King for fear of Pope Boniface the 8. his Constitution to the contrary together with the rest of the Clergy being put out of the Kings protection upon this occasion was this year restored to the Kings grace and favor atque REDDITA SIBI BARONIA SUA And by this Protestation of the Bishops Abbots Priors and Clergy in the Parliament of 11 Rich. the 2. Rotul Parliamenti parte 1. nu 2. Artic. 34. De Iure et consuetudine Regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fueriâ— nâ—â—non caeteros Suffraganeos Comfraires Compatres ABBATES ET PRIORES ALIOSQVE PRAELATOS QVOSCUNQVE PER BARONIAM DE DOMINO REGE TENENTES PERTINET IN PARLIAMENTIS REGIIS QUIBUS CUNQUE UT PARES REGNI PRAEDICTI PERSONALITER INTERESSâ— ibidemque de Regni Negotiis ac aliis tractari 〈…〉 cum caeteris decti Regni Paribus et aliis I 〈…〉 INTERESSENDI 〈…〉 consulere et tractare ordinare statuere et diffinire ac caetera facere quae Parliamenti tempore ibideâ—â— invenient facienda Of which those who please may finde many other Testimonies in my Plea for the Lords p. 151. to 158. 221. to 290. and in Mr Seldens Titles of Honor Part. 2. Chapter 5. Section 17. to 26. 27 It is observable that when any Archbishop died after the writ of Summons to Parliament issued to him with a Praemunientes c. and before the return and execution thereof the King thereupon issued a new Writ of Summons to the Guardian of the Spiritualties of the Archbishoprick with a Praemunientes to summon the Dean Chapter Archdeacon and Clergy of the Province with a particular writ to the Dean and Chapter of his Church to appear at the said Parliament as is evident by these two memorable writs in Claus. 9 E. 2. m. 20. dorso Rex Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante salutem Quia nupâ—r tempore quo Parliamentum nostrum usque Lincoln in Quindena Sâ—â—ncti Hillarii prox futur summoneri mandavimus bonae memoriae W. pro tunc Archie piscopo loci praedicti jam de â—uncto quod in propria persona sua dicto Parliamento nostro interesser ac quod praemuniri faciet Decanum et Capitulum Ecclesiae suae beâ—ti Petri Ebor. totumque Clerum suae Dioc quod dicti Decanus et Archidiaconi in propriis persâ—nis suis dictumque Capitulum per unnm et dictus Clerus per duos Procuratores idoneos dicto Parliamento similiter interestent ad tractandum ibidem Noblâ—cum super negotiis Nos et Statum Regni nostri â—â—ngâ—â—tibus pro quibus dictum Parliamentum mandavimus Convocari Nos nolentes per mortem praefati Archiepiscopi dicta mandata nostra differri set ea potius per vos executioni debito demandari Vobis mandamus quod Vos in propria persona vestra dictis die et loco intersitis Praemunientes praedictos Decanum et Capitulum Archidiaconos totumque Clerum praedictum quod iidem Decanus et Archididiaconi in propriis personis suis dictumque Capitulum per unum ac dictus Clerus per duos Procuratores dicto Parliamento nostro in Quindena praedicta intersint Ad tractandum ibidem Nobiscum super Negotiis praedictis in forma supradicta et ad consentiendum hiis quae â—unc ibidem de Communi Consilio contigerit ordinari Et hoc nullatenus omittatis T. Rege apud Clipston 17 die Januarii Per ipsum Regem Rex dilectis sibi in Christo Decano et Capitulo Ecclesiae beati Petri Ebor salutem Quia nuper c. ut supra Et quod praemuniri faciet vos Archidiaconos totumque Clerum suae Diocaes quod praefati Decanus et Archidiaconi in propriis personis vestris dictumque Capitulum per â—â—um et praedictus Clerus per duos Procuratores dicto Parliamento nostro similiter interessetis ad tractandum ibidem c. Nos nolentes c. Vobis mandamus quod vos praefatus Decanus in propria persona vestra dicto Parliamento in Quindena praedicta intersitis Et vos dictum Capitulum per unum Procuratorem sufficientem sitis similiter ad trâ—ctandum ibidem c. Teste ut supra Per ipsum Regem 28 That no private Prelates and Clergy men could grant a Subsidy to binde the rest of the Clergy for the necessary defence of the Church King kingdom against invading Enemies without the general Consent of the Archbishops and all the Clergy summoned in Convocation within their respective Provinces as is most apparent by this memorable writ to the Archbishop of Canterbury and the like to the Gardian of the Spiritualties of the
Archbishoprick of York wherewith I shall close up this Section and my Observations on it Claus. 9 E. 2. m. 17. Rex venerabilâ— in Christo Patri W. eadem gratia Archiepiscopo Cantuar. c. salutem Pro firmo credimus et tenemus quod ad ea quae regni nostri salva ionem et â—opulâ— Nobis commissi tranquillitatem et quietem respiâ—iunt cum Dei adjutorio feliciter promovenda mauus velitis extendere liberalitâ—r adjuvantes Quidam itaque Praelati et alii de Clero Provinciae vestre convocaâ—i quos ad interessendum Parliamento nostro apud Lincoln fâ—â—imus summoneri ibidem ex parte nostra super Subsidio nobis pro guerra nostra Scotiae faâ—â—â—nda requisiti ad urgentem necessitatem in hac parte inevitabile periculum quod tam Ecclesiae Anglicanae quam Nobis et toti poputo nostro ex Scotorum inimicorum et rebellium nostrorum qui pluries Râ—gnum nostrum hostiliter sunt ingressi depraedationes inoâ—ndia homicidia at alla dampna quamplunima intulâ—runt perpetrando obstinat a malitia potâ—rit imminere nisi â—orum nequitiae citius et potenâ—â—cus cum Dei adjutorio resistatur suae considerationis intuitum dirigentes ad Subsidium Nobis ex causa praedictâ—s faciendum quatenus voâ—is absentibus cui subsuâ— â—t in quorundam aliorum tam Praelatorum quam Religiosorum et caeterorum de Clero dictae Provinciae absentia potuerunt unanimiter consenserunt Ita tamen quod tam ipsi quam alii de Clero vestrae Provinciae qui in dicto Parliamento praâ—entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo Subsidio Nobis ut praemittitur faciendo in loco debito convocentur Vestram igâ—â—ur Paternitatem reverendam de qua fiduciam gerimus plâ—niâ—rem requirimus et rogamus quatinus omnes Pralatos tam Religiosos quam alios caterosque de Clero Provinciae vestrae supradictae quod sint coram Vobis apud Londâ—n die Mâ—rcurii prox post Quindenam Pasch. prox futur ad ultimum ad tractand in vestra praesentia et una vobiscum consentiend super Subsidio memorato convocari faciatis 〈…〉 Subsidio nomine nostro audiendam it nobis post moduÌ„ reportandam Teste Rege apud Lincoln 17 die Febr. Eodem modo mandatum est Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante mutatis competenter mutandis excepto quod Clerum Eborae Provinciae venir◠〈◊〉 〈◊〉 ipso apud Eborum à diâ— Paschae in unâ—m mensem c. Teste ut supra What ever else concerns the Prelates Abbots Priors Convocation and Clâ—ry is reserved for its proper placâ— in subsequent Sections SECTION II. Of the several writs of Summons to Parliaments and Great Councils directed to the Temporal Lords as The King of Castel the Prince of Wales Dukes Marquesses Earls Viscounts Lords Barons and other Great men of the Lords House whereof there are several forms and varieties with Observations on them SOme pretended Antiquaries not well versed in our Records in their late printed Discourses of The Antiquity of the Parliaments of England p. 22. 24. 88. 89. meeting with a Transcript of ancient writs issued to Earls Barons and Great men holding lands of the King by Knight service to repair to him at a certain time and place cum equis et armis for his defence against Enemies or Rebels in times of warrs insurrection or danger have injudiciously conceived these writs to be Writs of Summons to Parliaments or confounded them promiscuously with them affirming That they find these writs recorded AMONG THE PARLIAMENT ROLLS of 14. or 15. E. 3. and therefore thought good to remember them When as there are â—o such writs extant in any Parliament Rolls in the Tower nor any Writs of Summons to Parliaments or Great Councils entred in our Parliament Rolls as they ignorantly publish but only in the Dorse of the Clause Rolls quite different and distinct from the Rolls of our Parliaments as the meanest Novice in Records can ascertain them Upon the like mistake some have conceited these ensuing writs of Claus. 45 47 H. 3. to be writs of Summons to Parliaments and Great Councils when as the writs themselves declare the contrary that they were only Summons to assist the King against Enemies and Rebells with horses and arms and all their power not to counsel advise or grant any aydes of money to him in Parliament Rex Willielmo de Bello Campo de Aumel salutem Mandamus Vobis in fide et homagio quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis ad Nos sitis London in craftino Apostolorum Simonis et Iudae absque dilatione ulteriori CUM EQUIS ET ARMIS ET CUM POSSE VESTRO tam de servitio vestro Nobis dâ—bito quam de subventione amicorum vestrorum pro quibusdam urgentibus â—â—egotiis personam nostram specialiter et Statum Coronae nostrae tangentibus Et hoc sicut de vestra fidâ—litate et dilectione confidentiam gerimus specialeâ—â—ullatenus omittatis Quia SUBVENTIONEM quâ—m Nobis et Coronae nostrae praeter servicium Nobis debitum ad praesens feceritis in consequentiam trahi nolumus nec vobis per hoc ullo tempore derogari Taliter vos habeatis in hac parte quod dicto die absque defalta ad Nos sitis ita quod vobis exinde in perpetuo teneamus ad grates Teste Rege apud Turrim London 18 die Octobris Eodem modo mandatum est Phil Basset and 107. Barons and great men holding by knights service there registred by name After which this writ ensues in the same Dorse Rex Abbati de Burgo Sancti Petri salutem Mandamus vobis in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis mittaris Nobis Servitium vestrum quod Nobis debetis ita quod sitis ad Nos in crastino Sancti Martini absque defalto pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus Et hoc sub debito fidelitatis qua Nobis â—enemini nullatenus omittatis Teste ut supra Eodem modo mandatum est to 36 Abbots more whose names are there listed in the Roll Then follows this entry Isti subscripti vocati sunt ad crastinum Apostolorum Simonis Iudae CUM EQUIS ET ARMIS Thomas de Chauro with 16. more there named after him Mandatnm est Vicecomiti Essex quod summoneri faciat omnes illos de Honoribus de Redleg et Castro Baynard et de Hundredo de Rochford quod veniant ad Regem ad â—undem diem cum servicio suo Regi debito The like writs issued to divers others in this and other Membranaâ—s of this Roll of 45 H. 3. to ayde the King against the Barons then in rebellion against him and reduce them to their obedience as is evident by this writ
praeter Regni consuetudinem ab Anselmo factiâ—atum indignè ferentes asserebant sese nunquam tam iniquo Papae decreto assensos vel assensuros et potius tam Anselmum regno exterminaturos et ab Ecclesia Romana penitus discesâ—uros quam hanc Papae sententiam A IURE REGIO REGNIQUE CONSUETUDINE PRORSUS ALIENAM ratam haberent After many publike meetings and debates between the King Prelates Nobles and Anselm about this business it was agreed that Anselm and William Werelast the Kings Ambassadour should goe to Rome to Pope Paschal the 2. and debate this business before him where the said William appearing and vehemently urging before the Pope in the Kings behalf Dedecus ei et videri et esse si Antecessorum suorum jura perderet quos ipse et animi magniâ—udine et opum affluentia longe praerivit c. Adding in the close Quod Dominus meus nec pro amissione Regni patietur sibi Ecclesiarum investituras auferri To which the insolent Pope presently replied with a stern countenance Nec ego pro capitis sui redemptione eum investituras permittam impune habere Whereupon they decreed the cause for Anselm against the King and in a Synod at Lateran ratified the former Decree of Pope Urban in the Council at Rome which this Pope by his consolatory Epistle to Anselm informed him of incouraging him openly and boldly to appear and speak in this cause for the Churches divine Liberty Anselm hereupon wrote thus to King Henry inviting him to return into England and to doe him that service as his predecessors had done to his Ancestors Ut autem sim vobiscum ita ut Antecessor meus erat cum patre vestro facere non possum quia NEC VOBIS HOMAGIVMFACERE nec accipientibus de manu vestra Investituras Ecclesiarum propter praedictam Papae Prohibitionem me audiente factam audeo communicare But though Ludovicus Crassus K. of France was so pusillanimous as by his Charter dated An. 1137. to exempt his Archbishops Bishops and Clergy from doing any Homage or Fealty to him for their temporalties before or after their Consecrations granting them Quod canonicam omnino gauderent libertatem ABSQVE HOMAGII IURAMENTI seu fidei primum datae obligatione Yet K. Hen. the first though he were contented at last to part with his investitures to Bishopricks and Abbies yet he would upon no terms exempt any Bishops or Abbots from the homage due unto him for their temporalties after their elections and before their Consecrations not from the Oath of Fealty they alwayes doing homage to him and his Successors at least wise before their consecrations though seldom after them and that in the self-same form as Laymen did without omitting this Clause I become your man as appears by Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Britton ch 66 of Homages and 17 E. 2. Of the manner of doing Homage and Fealty prescribing only one and the self-same form of homage as well to the Clergy as Laity as well as the same Oath of Fealty which they equally performed though Littleton and he alone makes a difference between their forms of Homage Hence in the Parliament at Salisbury Anno Dom. 1116. Comites Barones CUM CLERO TOTIUS REGNI in praesentia Regis Henrici 1. sibi et Willielmo filio suo HOMAGIUM FECERUNT FIDELITATEM IURAVERUNT as the Chronicle of Bromton and other of our Historians record I shall illustrate this discourse touching Homage and Fealty with these memorable clauses in the Charter of King Stephen touching the agreement made between him and Henry Duke of Normandy c. in a Parliamentary Assembly of the Bishops and others of the Realm at Wallingford Anno Gratiae 1153. wherein King Stephen declaring him the right hereditary heir to the Crown of England after his death and he reciprocally agreeing that Stephen should enjoy the Crown and Kingdom quietly without interruption by him during his life thereupon Dux propter hunc honorem et donationem et confirmationem sibâ— Ã me factam HOMAGIUM michi et Sacramento securitatem fecit scilicet quod fidelis michi erit et vitam et honorem meum pro suo posâ—e custodier per conventiones inter Nos praelocutas Ego etiam secuâ—itatem Sacramento Duci feci quod vitam et honorem ei pro posse meo custodiam et sicut fiâ—ium haeredem meum in omnibus in quibus potero eum manuâ—enebo et custodiam contra omnes quos poâ—ero Willielms autem filius meus HOMAGIUM et securitatem Duci fecit c. Comites Barones Ducis qui homines mei nunquam fuerunt pro honore quem Domino suo fâ—ci Homagium et Sacramentum michi fecerunt salvis conventionibus inter me et Ducem factis Coeteri vero qui ante Homagium michi fecerant fideliâ—atem michi fecerunt sicut Domino Et si Dux à praemissis receâ—erit omnino a servicio ipsius cessarent quousque errara corrigeret c. Comites etiam et Barones mei LIGIUM HOMAGIUM DUCI FECERUNT salva mea fidelitate quamdiu vixero et regnum tenuero Simili lege quod si â—go à praedictis recederem omnino à servicio meo cestarent quousque errata corrigerem Cives etiam Civiâ—atum et homines Castrorum quae in Dominio meo habeo ex praecepto meo homagium et securitatem Duci fecerunt salva fidelitate mea quamdiu vixero et regnum tenuero Archiepiscopi Episcopi atque Abbates de regno Angliae ex praecepto meo FIDELITATEM SACRAMENTO DUCI FECERUNT Illi quoque qui in regno Angliae Episcopi deinceps fiâ—nt vel Abbates IDEM FACIENT In the Recognition of the antient Customs of the Realm of England used in the reign of King Henry the 1. and his Ancestors quae observari debebant in regno ab omnibus teneri drawen up and agreed upon Febr. 8. Anno Dom. 1164. in the famous Parliamentary Council of Clarindon in the presence of the King and of all the Archbishops Bishops Abbots Priors Earls Barons and Great men of the Realm who all juraverunt firmiter in verbo veritatis promiserunt viva voce tenendas et observandas Domino Regi et HAEREDIBUS SVIS bona fide et absque malo ingenio in perpetuum I finde these Articles pertinent to my purpose Archiepiscopi Episcopi et universae personae regni qui de Rege tenent in capite habeant possessiones suas de Rege sicut Baroniam et inde respondeant Justiciariis et Ministris Regiis et fequentur et faciant OMNES CONSUETUDINES REGIAS et sicut caeteri Barones debent interesse judiciis Curiae regis cum Baronibus quousque pervenitur ad diminutionem membrorum vel ad mortem Cum vacaverit Archieplscopatus Episcopatus vel Abbatia vel Prioratus in dominio Regiâ— esse debet in manu ipsius
Gynes As for the Bishops in such cases they were by other special writs authorized to make Proctors to supply their places though summoned by the original writs to appear personally in Parliament and not by Proxies as in Claus. 20 E. 3. pars 2. d. 22. and Claus. 46 E. 6. d. 11. forecited p. 51. 52. 58. 18ly That if the King either Summoned or prorogued a Parliament to a certain day and place by his writs commanding the Earls Lords and other great men personally to appear in Parliament at that day and place and then by reason of other emergent occasions could not meet them or hold the Parliament at the time and place prefixed he then usually discharged them all from their attendance by a subsequent wrir Of which we have this pregnant example Claus. 5. E. 2. d. 17. Rex dilecto consanguineo fideli suo Thomae Comiti Lancast. salutem Licet nuper Vobiscum volentes ac cum Praelatis caeterisque Magnatibus Regni nostri supra Negotiis Nos statum dicti Regni tangentibus habere Colloquium Tractatum ordinassemus Parliamentum nostrum tenere apud Westm. prima Dominica Quadragesimae prox fuâ—ur Vobisque mandassemus quod dictis die loco PERSONALITER INTERESSETIS ad tractand Nobiscum cum Praelatis Magnatibus praedictis super negotiis antedictis Quia tamen PROPTER ALIQUAS CAUSAS ad locum praedictum dicto die ACCEDERE NON VALEMUS Vobis significamus QUOD AD DICTOS DIEM ET LOCUM PRAEMISSA OCCASIONE VOS ACCEDERE NON OPORTET Teste Rege apud Eborum 20. die January Consimiles Literae dirigunter subscriptis viz. to 6. Earls more and the rest of the Lords summoned with them to appear personally at this Parliament 19ly That sometimes the Temporal Lords as well as Prelates were more strictly and peremptorily required and adjured with greater earnestnesse to appear Personally in Parliaments and Parliamentary Councils then they were at other seasons without admitting any excuses or making any Proxies because through their absence and want of their personal presence when summoned the Parliaments were oft adjourned to some other time the businesse of the King and Kingdoms retarded delayed to the publike praejudice and the Parliaments sometimes dissolved without concluding any thing the Lords and Commons there assembled refusing to do or grant any thing when any of the chief Lords and Prelates were absent 20. That no Spiritual or Temporal Lords could absent themselves from Parliaments when duly summoned thereunto without a reasonâ—ble and just excuse nor make any Proxies or Proctors to supply their places but when specially authorized and licensed to do it in or by the writs of Summons or other special writs much leâ—â—e than could they be forcibly secluded the House when summoned by writ as some of late times have most violently been by those who were raised to defend both their persons and the privileges of Parliament 21. That armed Guards Forces and Troops of Soldiers in or near the Places where Parliaments are assembled and kept are altogether inconsistent with the Customs Vsage Freedom and Privileges of Parliament prejudicial obstructions to their proceedings and a great oppression to the people Vpon which account not only the Earls Lords and Barons are sometimes in the writs of Summons specially prohibited under grievous forfâ—itures and penalties to repair to the Parliament With men of Arms and multitudes of people and to come only cum dicenti comitiva de hominibus bonae discretionis et consilii et NON CUM HOMINIBUS AD ARMA sub forisfactura omnium quae Nobis forisfacere poteritis Claus. 2 E. 3. m. 31. dorso But our Kings likewise by special writs and Proclamations at the very first meeting of their Parliaments usually prohibited all sorts of men under pain of forfeiâ—ing all they might forfeit not to wear any privy Coat of plate or go Armed or carry any Warlike weapons within any City or Suburbs thereof where their Parliaments saâ—e during all the time of their Session that so the Parliaments and Memberâ—s might not be thereby disturbed interrupted over awed or terrified as those who please may read at large in the Statute of 7 E. 1. Rastals Abridgment Armour 1. 1 E. 2. c. 3. 6 E. 3. rot Parl. n. 3. Parl. 2. n. 2. Parl. 3. at York n. 3. 415. â— 3 E. 3. Parl. 1. n. 2. Parl. 2. n. 2. 14 E. 3. n. 2. 15 E. 3. n. 2. 17 E. 3. n. 3. 18 E. 3 n. 2. 20. E. 3. n. 1. 2 â— E. 3. n. 1. 25 E. 3. Parl. 1. n. 58. Parl. 2. n. 4. and Cook 4. Instit. p. 14. Such a Proclamation as this issued before the Parliament held at New Sarum An. 2. E. 3. as is evident by the Articles of improachmâ—nt against Roger Mortymer Earl of March in the Parliament of 4E 3. Rot. Parl. n. 1 2. and 28 E. 3. n. 9 10â— Who amongst othe Articles was impeached condemned and executed as a Traytor for comming armed to the Parliamenâ— at Salsbury against the Kings Proclamation with divers of his confederates whereby sundry of the Nobles were so terrified that they came not to the Parliament and the Bishops there asseâ—bled had the dores of the house wherein they sate in Counsel broke open upon them by armed men and were there threatned to lose both life and members if they should be so hardy to say or do any thing against his will and ordinances whereby he procured himself to be made Earl of March caused the King to give him many Lands and Tenements to the disinherison of his Crown and excited him to ride armed against the Earl of Lancaster and other Peers of the Realm to Winchester as they were comming towards the King to the said Parliament at Salisbury whereupon they were inforced to reâ—ire to their own Countries to eschue the perils that might happen which much greived them that they could not speak with their king not counsel him as they ought After which the Parliament of 5 R. 2. as appears by n. 1. was interrupted and adjourned because the Duke of Lancaster and Earl of Northumberland being at variance resorted to iâ— with multitudes of men armed in warlike manner of which great complaint was made and the Parliament deferred till the King his Counsil and other Lords had examined and reconciled the differences between them and removed their forces Fit presidents for future times to imitate after so many outrages and forcible assaults upon the Parliament and their Members by Souldiers and others of late times beyond all presedents in former ages to the totall dissolution both of our Parliaments and their privileges unlesse carefully regained reestablished by strictest Laws exemplary Punishments and severest prohibitions of all armed forces in or near unto the places where future Parliaments shall assemble who by the just judgment of God upon the former Parliament which against the Custom Freedom and Privilege of Parliaments making use of armed
of which we have a late memorable president in m Thomas Arundel of Wardour who being created by the Charter of the Emperour Rodolph the 2. COMES SACRI IMPERII una cum universa prole atque posteritate legitima mascula et faeminea in infinitum both for his eminent service in the wars against the Turks and the Nobleness of his Family yet it was with this special saving in his Paten Serenissimae tamen Principis et Dominae Elizabethae Reginae Angliae c. IURIBUS AC SVPERIORIT ATIBUS SEMPER ILLAESIS ET SALVIS yet the Queen with the English Barons would not acknowledg him for an Earl nor Baron in England upon any terms the Queen resolving That she would by no means permit any of her sheep or subjects to wear the badge or follow the whistle of any forein Shepherd or Prince but only her own In the dâ—bate of which case it was alleged by the English Peers Soâ—ius Principis esse NON ALTEâ—RIUS CUIUSCUNQUE suis Subditis dignitates destribuere juxta illud Valeriani Imperatoris Ea sit tantum dignitas quae nobis jubentibus sustinetur Ejusmodi titulos honorarios nec à Subditis accipiendos nec à Principe admittendos Principis enim Majestati et Subditorum obsequio multum detrahi si honores ab exteris accipere permittantur tacitum enim sidei pactum inter honorantem et honoratum intercedere videri Hujusmodi titulos illecebras esse occultas ad animos subditorum à suis principibus abstrahendos c. That Reginald Mohun created Earl of Somerset by the Pope in the reign of Henry the 3. was never acknowledged to be an Earl by the King and Lords nor Robert Curson created a Baron of the sacred Empire by Maximilian the Emperor acknowledged to be a Baron in England by King Henry the 8. or his Nobles till he created him a Baron himself by his Charter without giving him a voice in Parliament as King Iames created this Thomas Arundel such a Baron by Patent ut unbratâ—lem Baronis et Comitis Sacri Imperii titulum maturè obrueret Some say the Queen committed Arundel for receiving this dignity from the Emperor but William Marâ—yn assures us that Sir Nicholas Clifford and Sir Anth Shirley whom the French King for their Service in the wars received into the Order of S. Michael were laid in prison at their coming home charged to resign their robes and see that their names were blotted out of the French Commentaries It is the general received opinion of all Lawyers Civil Canon Commonâ— Heraulds and others who have written of Nobility that none but Emperors or Kings can create Dukes Earls Marquesses Lords Barons and Peers and that only within their own Dominions A Rege enimemanâ—â— it origo Dâ—gâ—itaâ—um Temporalium A Rege et Principe prostâ—uâ—t â—t derivantur tanquam a fonte omâ— es Magistratus et Dignitates qâ—ia in eo sunt omnes dignitatum thesauri recondâ—i Ad Regem solum spect at creare Comites Barones Princeps solus magnas Dignitates confer at Non dicâ—ur vera Nobilitas vel Baro ex infâ—udationâ— nisi â— Principe as they all unanimously resolve Hence Baldus and Alciat define a Baron to be one who hath merum justumquâ— imperium in aliquo Castro Oppidione CONCESSIONE PRINCIPIS In Bâ—hâ—mia Moravia â—ilesia Lusatia and other Provinces iâ—corporated to it Summam pâ—testâ—em obtinet Rex et non solum NOBILES 〈…〉 ET BARONES CREAT quemadmodum in Silesia ad quatuor primarios BARONATUS nâ—mo admittitur nisi vel ab IMPERATORE VEL REGE BOHEMIAE BARO CREATUS â—VERIT writes Nolden and Dubravius informs as that one Honora primum inter BARONES autoritate Caesaris Henâ—ici H. the 1. adâ—um PROCERUM gradum proveb batur quae nunc BARONES a quercu in Bohemia appellantur Franciscus Capiblancus resolves BARONUM nomine Comites aliâ—sque Titularios compraehendi nos dicimus Nam istud verbum BARO est scala et caput DIGNITAIV MREGALIUM And thence he inferrs Dignitas BARONALIS cum sit Dignitas et caput dignitatum sp cificè est tribuenda A PRINCIPE cujus est eas confâ—â—re cum ab eo fluant et refluant In France such Feiffs as are at the Kings pleasure and by his license erected into Baronies are the only Territories that give the Title of a BARON and the Lord thereof is stiled A BARON per le Conge du Prince as Mr. Selden proves out of Simon Marion Pâ—oydey 9â— who addes That when A BARONY came to the King of France by escheat or otherwise the Kings giâ—t of the BARONY by Charter made the Patentee A BARON without other Rules of Creation After which he proves by the Code of King Henry the 4. that the Titles and Honours of a Duke Marquess Earls and BARONY and their prerogatâ—ve A SOLO REGE TRIâ—â—I POSSVNT And in Spain all their great Dignitie and Titles of Nobility are not only originally derived from the King but most of them upon every death are received again FROM THE KING though not by any Charter of new Creation yet by the Kings acknowledgement of them by adding the titular Name to the heir who by his own name only without the addition of his Title signifies to the King the death of his Ancestor Therefore doubtless none but our Kings and Queens alone can create Earls Lords or Baronâ— of Parliament in England there being no one presidâ—nt in Anâ—iquity nor in any Emâ—ire or Kingdom in the world that I remember to the contrary and this I conceive to be most clearly resolved in and by the Statuâ—es â—f 27 H. c. 24 31 H. 8. c. 10. 28. That one of the first Bâ—rons created by Patent whose Patent is yet exâ—ant waâ— Iâ—hn de Beauchamp Stewâ—rd of the Houshold to King Râ—chard the 2. whose Patent runs in this form Richardus c. Sciatis quod pro bonis et gratuitis servitiis quae dilectus et fidelis Mâ—les noster Iohannes de Beauchamp de HOLT Senescallus hospitii nostri nobis impendit ac loco per ipsum tempore Coronationis nostrae hucusque impensis et quem pro Nobis tenere poterit in fururum IN NOSTRIS CONSILIIS PARLIAMENTIS necnon pro Nobili et fideli genere unde dâ—scendiâ— et pro suis magnisicis sensu et circumspectione ipsum Iohannem INUNUM PARIUM Aâ— BARONVM REGNI NOSTRI ANGLIAE PRAEFECIMUS Volentes quod IDEM IOHANNES HAEREDES MASCULI DE CORPORE SUO EXEUNTES STATVM BARONIS SVSTINEANT DOMINI DE BEAUCHAMP BARONES DE KIDERMINSTER NUNCUPENTUR In cujus c. datum 10 Octobris I finde this Iohn Beauchamp only once mentioned in the List of Summons in Claus. 11 R. 2. dors 24. dated 27 die Decembris within 3. moneths of his creation where he is stiled only Iohanni Beauchamp de Kiderminster but neither Dominus de Beauchamp nor
besides most of them in the preceding Catalogues subâ—data â—pud Windesore 14. die Februar when as the writs to the spiritual and temporal Lords bear date thence 8. die Januar. Claus. Anno 7. E. 2. d. 27. There is a like writ issued to Roger le Brabazon and 29 others I find this memorable writ issued to Willielmo de Bereford Chief Justice of the Common Bench Claus. 9. E. 2. d. 20. varying from the first there issued to him and the rest of the Counâ—ill Rex dilecto fideli suo Willielmo de Bereford Quia Volumus Vobiscum una cum caeteris de Consilio nostro in Parliamento nostro quod apud Lincoln in Quindena Sancti Hillarii prox futur secimus summoâ—eri super Negotiis Nos tangentibus habere Colloquium Tractatum Vobis mandamus firmiterâ— injungentes quod magis ardua negotia coram Vobis sociis vestris in instanti termino Sancti Hillarii cum omni deliberatione qua poteritis expediatis Ita quod sitis in dicto Parliamento nostro viz. sexto die post Quindenam supradictam ad tractandum ibidem nobiscum cum caeteris de Consilio nostro super negotiis antedictis Onerantes dilectos fideles nostros Lambertum de Trikingham Iohannem Bacun Justiciarios nostros Socios vestros de Banco praedicto quod residua negotia in Banco preaedicto expediant cum festinatione qua poterunt sucundum legem consuetudinem Regni nostri Et hoc nullatenus omittatis T. Rege apud Clipston 27. die Decembris I find this memorable Writ recorded in Claus. 7. E. 2. dors 25. Rex dilecto fideli suo Iohanni de Insula salutem Cum pro diversis arduis negotiis Nos Statum Regni nostri tangentibus ordinavimus Parliamentum nostrum apud Westm. die Dominica prox post festum Sancti Matthei Aposteli prox futur tenere Vobiscum cum caeteris de Consilio nostro super dictis negotiis habere Colloquium Tractatum per quod vobis mandavimus quod dictis die loco interlitis Nobiscum cum caeteris de Consilio nostro super dictis negotiis tractatur Ac jam intelligimus quod vos unà cum quibusdam aliis ad Assisas tam in Episcopatu Dunolm quam in diversis Com. versus partes boriales capiend certos dies statim post dictam diem Dominicam praefixistis unde plurimum miramur praesertim cum per captiones Assisarum si durante dicto Parliamento nostro procederent negotia nostra in eodem tractanda possent non mediocriter perturbari Vobis mandamus firmiter injungentes quod omnibus hujusmodi captionibus Assisarum omnibus aliis praetermissis dicta die Dominica apud Westm. modis omnibus intersitis Nobiscum cum caeteris de Consilio nostro super negotiis praedictis tractatur Et hoc sicut indignationem nostram grave dampnum vestrum vitare volueritis nullo modo omittatis T. Rege apud Windesore sexto die Septembris Per Breve de Privato Sigillo Eodem modo scribitur subscriptis viz. Thomae de Fisheburn Hugoni de Louthre Ricardo de Berningham Ade de Middleton Iohanni de Dancastr exceptis illis Verbis tam in Episcopatu Dunolmens quam From which writ is apparent 1. That the Justices of Assises were usually summoned by writ to Parliaments as Members of the Kings Counsil as the words cum caeteris de Consilio nostro thrice repeated in it and in other writs demonstrate 2ly That their summons by writ to attend and counsell the King in Parliament was a super sedeas to them to take Assises during the Parliament and their proceeding to take Assises notwithstanding inconsistent with their attendance in Parliament yea a contempt and offence punishable by the King 3ly That the Assises and Suits of private persons ought to give place to publick affaires of the King and kingdome in Parliament and to be deferred when they may hinder or disturbe the affaires of Parliament or keep any Members or Assistants from their personal attendance in them when summoned to them In the Clause Roll of 8. E. 2. dors 35. There is no Writ at all to the Kings Justices and Counsill but in the Eodem modo I find sundry of them here and there promiscuously inserted amongst the Barons names and not after them as usually in other Rolls sc. Iohanni de Hotham Waltero de Norwico Iohanni de Foxle Rogero la Brabazon Gilberto de Roubery Willielmo Iâ—ge Iohanni de Insula Henr. le Scrop Henr. Spigurnel Iohanni Benstede Lamberto de Trikingham alwayes listed amongst the Justices and Kings Counsil in precedent Rolls and in 7 E. 2. d. 27. the very next before this and those succeeding it In Cl. 8. E. 2. d. 29. the Counsil are coupled together with the Barons in the Eodem modo mandatum est without any writ with a space of distinction between them all of them after the Lords without intermixture with them being in all 33. In Cl. 9. E. 2. d. 22. They are named only in the eodem modo with a small distance after the Lords being in all 34. without any special writ entred In Claus. 12. E. 2. d. 29. in Cedula There is no special writ to any of the Counsil entred but only a list of their names in the Eodem modo being 24. in number 2. of them escheators Vltra citra Trentam others of them Deacons Archdeacons Clergy-men and Iustices with Magistro Iohanâ— de Walewayn Thesaur Regis And likewise in Claus. 12. d. 11. they are listed in the same manner being but 25. whereof two were the Escheators fore-named And in Claus. 13 E. 2. dors 13. they are listed in the same form being 25. and in Claus. 14 E. 2. d. 29. where they are 32. Claus. 14. E. 2. d. 5. there issued a writ in the usual form Willielmo de Bereford and 37 others whereof 2. were Escheators and the Dean and a Canon of Yorke two others Cl. 15 E. 3. d. 16. there is the like writ sent to him and 33. more Cl. 16. E 2. d. 26. the like writ to him and 22. others And Cl. 19 E. 2. d. 7. the like writ to him and 22. besides the Dean of Yorke being one of them as in most of the precedent lists Cl. 20 E. 2. d. 4. the writ issued Waltero de Norwico and 22. more In Clause 1 E. 3. pars 2. d. 16. there is this writ issued somewhat different from the precedent Rex dilecto et fideli suo Waltero de Norwico salutem Quia super magnis et arduis negotiis Nos et statum Regni nostri tangentibus Vobiscum et cum Praelatis Magnatibus et Proceribus ac cum caeteris de Consilio nostro apud Lincoln in crastino Exaltationis Sanctae Crucis prox futur Colloquium habere ordinavimus et Tractatum Vobis mandamus firmiter injungentes quod omnibus aliis praetermissis dictis die et loco
the writs and lists of summons by which they are distinguished from the Laymen mentioned in those writs and lists And that one Bishop elect summoned amongst the Bishops to Parliament was yet summoned as one of the Kings Counsil by an other writ What ever else is worthy Observation touching these writs or lists of persons summoned I have noted already in the precedent recitals of them 9ly That though the Kings Justices and others of his Counsil summoned to our Parliaments were no real essential Members of them but rather Assistants to the King and Lords yet they had a very great hand power authority not only in making Ordinances Proclamations desciding all weighty controversies regulating most publike abuses and punishing all Exorbitant Offences out of Parliament in the Star-chamber and elsewhere Coram Rege et CONSILIO SVO as is evident by 19 E. 3. Fitzh Judgement 24. 20 Asâ— 14. Br. Dures 12. 39 E. 3. f. 14. b. Brook Judges 13. Judgment 117. 43 Ass. 15. 38. Register pars 1. f. 191. b. pars 2. f. 124. b. 125. a. 13 E. 4. f. 9 10. 27 H. 6. 5. b. 2 R. 3. f. 2. 10 11. 1 H. 7. f. 3. 4. Brooke Parliament 37. 105. Fitz. Parl. 2. 135. An Exact Abridgement of the Records in the Tower p. 157 169 197 426 428 459 460 560 591 638 641 651. Lambardi Archaion p. 108. to 116. and the records there cited transcribed by Sir Edward Cook in his 4 Institutes c. 5 Cromptons Jurisdiction of Courts f. 29. c. de Court de Starr-chamber et matters avant LE COVNSELL LE ROY Ashes Tables Courts 2. and the Lawbooks Statutes there cited with others anon remembred but likewise in receiving answering all sorts of Petitions determining adjudging all weighty doubtfull cases pleas yea in making Acts Ordinances Statutes and transacting all weighty affaires concerning the King or kingdome even in Parliaments themselves when summoned to them by the premised writs which being not commonly known to the Kings Counsill or others nor insisted on nor cleared up by Sir Edward Cooke or any others who have written of our PARLIAMENTS I shall briefly and satisfactorily illustrate by these four following particulars 1. By sundry Petitions upon several complaints and occasions presented and directed to the King and HIS COUNSELL OR SAGE OR GOOD COUNSEL in sundry of our antient Parliaments entred in the Clause and Parliament rolls more especially in Claus. Anno 1. E. 3. pars 1. 2. Where multitudes of Petitions are thus directed A nostre Signâ—ur le Roy et ASON COVNCILL Au BON COVNCIEL nostre Signior le Roy c. Which Petitions were usually answered and determined sometimes By the KING and His COVNSELL joyntly other times by His COVNSEL alone and sometimes by the King with the assent or advice of his COVNSEL as these entries Coram Rege CONSILIO concessum est emendatum per agard de toute LE COVNSELL soit le COVNCIEL certifie Coram CONSILIO NOSTRO in praesenti Parliamentâ— venire faciatis scriptum praedictum ad faciend inde ulterius quod per idem CONSILIVM NOSTRVM ibidem CONTIGERIT ORDINARI Videtur CONSILIO Il semble AV COVNCIEL que ce est bone affaire Veniat Inquisitio CORAM CONSILIO Place at Dom. Regi CONSILIO SVO ordinare with the like most frequently occurring in these Petitions and the answers to the proceedings and resolutions upon them abundantly evidence 2. By this subscription or addition to many Writs Patents Charters in the Clause Patent Charter and Parliament Rolls per ipsum Regem Consilium in Parliamento being all made issued granted approved entred by Order of the King and those of His COUNSIL in Parliament 3. By the Placita coram ipso DOMINO REGE ET EJUS CONSILIO AD PARLIAMENTA SUA AD PARLIAMENTUM SUUM c. recorded in the Parchment Book of Pleas in the Tower of London â— Wherein the Proceedings and the Judgments on them were given sometimes by the Kings COVNSELL alone sometimes by the King and his COUNSELL and other times by the King with the advice of the Archbishops Bishops Abbots Barons and others or the rest of His COUNSELL and sometimes Fines and Recognizances were acknowledged before the COUNSELL in Parliament To instance in some particulars In the Placita coram ipso Domino Rege et ejus Consilio ad Parliamenta sua post festum Sancti Hillarii et etiam post Pascha Anno 18 E. 1. Willielmus de Wasthull quaeritur Domino Regi et ejus Consilio per quandam petitionem against a deceit and covin in levying a fine Iohannes Comes de Dewe venit coram Rege et ejus Consilio ad Parliamentum suum post Pascha c. petiit c. So Domino Regi et ejus Consilio Johannes Episcopus Wynton alias coram Auditoribus quaerelarum monstâ—avit c. Petrus Maulore venit coram Domino Rege et ejus Consilio ad Parliamentum c. et petiir c. Dominum Regem et ejus Consilium certiorari faciant Querela Willielmi de Valentia Consilio Domini Regis in Anglia dum Rex suit in Vasconia Macolomus de Harlegh monstravit Consilio Regis per quandam petitionem c. So Placita Parliamenti apud Clipston Asherugg c. Anno 18 E. 1. Margeria de Mose uxor Thomae de Weyland Ricardus filius ejusdem Thomae monstraverunt Domino Regi et ejus Consilio c. coram ipso Domino Rege et ejus Consilio venerunt praedicti Cemites Gloucestr Hereford Quod ipsi habeant corpora eorundem Comiâ—um coram ipso Domino Rege et Consilio suo c. ad faciendum et recifiendum id quod Dominus Rex de Consilio suo duxerit ordinandum Prior de Goldelyne queritur Domino Regi et ejus Consilio de hoc c. Memorandum quod Recordum quod Episcopus Wynton et socii sui miserunt coram Consilio de magno placito Abbatis de Rupl c. Robertus Bardolph habet diem per adjornamentum in pleno consilio c. Maria quae fuijâ—uxor Willielmo de Brewosa petiit coram Domino Rege et ejus Consilio versus Willielmum c. medietatem manerii de Wykeham c. Placita coram Rege et Consilio suo ad Parliamentum suum post Pascha apud London Anno 21 E. 1. Willielmus de Mere c. et Reginaldus do Legh coram ipso Domino Rege et ejus Consilio allocuti ad rationem positi de hoc c. Stephanus Rabez Vicecomes Leicestr Warwic coram ipso Domino Rege et ejus Consilio arrenatus ad rationem positus de hoc c. Placita coram ipso Domino Rege et Consilio suo ad Parliamentum suum post festum Sancti Michaelis Ann. 21 E. 1. Malcolinus de Harley Eschaetor Domini Regis citra Trentam monstravit Domino Regi et ejus Consilio c. et super hoc
Neubrigeusis Simeon Richardus Hagustaldensis Radulphus de Diceto Roger VVendover Thomas Spotte Gervasius Doroberniensis Tilburiensis VVillielmus Stephanides Gualterus Mapes Gualterus Coventriensis Richardus Heliensis Thomas Stubs Petrus Henâ—am nor yet Glanvill Bracton Andrew Horn and other Lawyers flourishing under H. the 2. and 3. do once use or apply this word Parliamentum to any one Grand parliamentary Council which they alwayes call by other Names for ought I can yet discover upon my best search and inquiry The very first of all our Writers or Historians in my Observation who made use of this word and applyed it to the Common Councils of our Realm is Matthew Paris flourishing about the midsts and dying before the end of King Henry the 3d. Anno. 1259. the 43. of his Reign He in his Historia Angliae from the beginning of the Conquerors Reign till the year 1246. the 30th of Henry the 3d. alwayes made use of the words Concilium Concilium magnum Colloquium Tractatus and the like to expresse all Parliamentary Great Councils and State Assemblies held in England near the space of 200. years before he Writ and never of Parliamentum But in Anno gratiae 1246. and 1247. and in no other years before or after he useth this word five or six times only in these insuing passages Anno 1246. Convenit ad Parliamentum Generalissimum totius Regni Angliae totalis Nobilitas Londini c Over against which the Publisher not he adds in the Margin Parliamentum habitum Londini After which he subjoynes Convenientibus igitur ad Parliamentum mâ—moratum totius Regni Magnatibus Then followes Et postea in Anglia in Parliamento Regis ubi congregata fuerat totius Regni tam Cleri quam Militiae Generalis Vniversitas deliberatum c. Yet in the very next page he returns to his old term again Die vero translationis Thomae Martyris habitum est magnum Concilium inter Regem Regni Magnates apud VVintoniam Over against which his continuer or publisher hath placed this marginal Note Parliamentum habitum apud VVinton The like he doth in p. 560. 561 687 714. and elsewere inserting in the Margin Parliamentum Generale c. When as Matthew Paris useth it not but Concilium only or the like in his Text. In his History of the next yeer 1â—47 He proceeds thus Dominus Rex Francorum Regni sui Nobiles tam Cleri quam Populi generaliter Edicto Regio fecit convocari ut Ad Parliamentum communiter convenientes ardu negocia Regni sui statum contingentia diligenter deliberando contrectarent And Five pages after Dominus Rex H. 3. jussit omnem totius Regni Nobilitatem convocari c. Oxoniis Praelatosautem maxime Ad hoc Parliamentum vocavit arctius Applying the word Parliamentum to these Assemblies of the King Lords and Nobles both in France and England held this year about the weighty affairs of their respective Kingdoms In his Additamenta to the last Addition of his History printed at London p. 170. he useth the word Parliamentum only once and that in another sense For the conference and discourse of Monkes with one another after their repasts then prohibited the black Monkes by special Order as an impediment to their contemplations and prayers In no places else of his History or other printed pieces do I find he made use of this word Indeed the continuer of his History from the yeer 1258. to the end of King Henries Reign 1273. whom Iohn Bale informâ— us to be VVilliam Rishanger flourishing under King Edward the 1. 2. when this word Parliamentum grew coÌ„mon both in Writs of Sommons Statutes vulgar Speech makes frequent use thereof in his History applying it to great Councils of the Realm in the latter end of Henry the 3d. both in the Text and Margin as in Page 788 933. 935. 938. 940. 948. 960. 967. 974. of his continuation Editione Tiguri 1589 and so doth Matthew Westminster who continued the History of Matthew Paris flourishing under the Reign of King Edward the third when this word Parliamentum was commonly used in all Writs of Summons Statutes Writers and Vulgar speech makes frequent use thereof applying it to the Great Councils of State towards the latter end of King Henry the third in his Flores Historiarum Londini 1570. pars 2. p. 206 207 223 254. 261. 280 296 300 317 345. and in subsequent Pages to the Parliaments held under King Edward the first Henry de Knyghton a Canon of Leicester flourishing under King Richard the 2. de Eventibus Angliae l. 1. c. 3. l. 2. c. 10 12 15. Col. 2318 2387 3446 2455. applies this word to the Great Councils held under the Danish and other Kings before the Reign of Edward the 1. Canutus vixit per 20. annos postea celebravit Parliamentum apud Oxoniam c. Ranulfus Consul Cestriae cum Rege Stephano concordatus est Set tito post in Parliamento apud Northamptoniam delose captus est c. Anno 1261. Rex Hen. 3. convocato Parliamento suo Oxoniae questionem movit Magnatibus suis. Tenuit Rex H. 3. Parliamentum suum apud Merleberg Anno Regni sui 52. ad exhibitionem communis justitiae multa fecit statuta quae dicuntur statuta de Marleberg The Author of the Chronicle of Brompton who writ after the beginning of King Edward the 3. doth the like in these passages according to the language of the age wherein hee writ Edgarvis Rex Parliamentum suum apud Salisbiriam convocavit Post haec Canutus apud Oxoniam Parliamentum tâ—nuit c. cito post in Parliamento suo apud Wintoniam Rex Edwardus Confessor omnes Magnates ad Parliamentum tunc fuerunt Anno 1164. Rex Henricus 2. Parliamentum apud Westâ—inst tenuit Rex Angliae Richardus 1. congregatus Episcopis Comitibus Baronibus Regni sui Parliamentum Londoniae super hoc habuit Tractatum Rex Johannes Parliamentum suum usque Lincolniam convocaverat So doth Radulphus Cicestrensis Thomas of Walâ—â—ngham who writ under K. Henry the 6. and after them Fabian Caxton Polydor Virgil Grafton Speed Stow Holinshed Daniel Baker and other of our late Historians Whereupon their injudicious credulous Readers of all sorts conceit not onely the words Parliamentum Parliament but even the thing it self as since constituted of Knights Citizens and Burgesses as well as of the King spiritual and temporal Lords Nobles Barons and Great Men to have been in common use both under our Saxon Danish Norman and English Kings long before the Reign or 49. year of King Henry the 3. when as neither the name nor thing it self as now compacted was either known to or used by any Aniquaries Councils Records Historians or English Writers before Mat. Paris that I have yet seen or heard of From whence to omit other Arguments with the Writs de Expensis Militum
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
yet for preventing the misunderstanding of posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of their proceedings which may arise upon their comming into England and their treating in time of Parliament That neither by our treaties with the English nor by seeking our Peace to be established in Parliament nor any other action of ours do wee acknowledge any dependence upon them or make them Iudges to us or our Laws or any things that may import the smallest prejudice to our Liberties But that wee come in a free and brotherly way by our Informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes no otherwise than if by occasion of the Kings Residence in Scotland Commissioners in the like Exigence should be sent thither from England Thirdly It is point-blank against the solemn League and Covenant ratified and confirmed in the most sacred and publick manner The 3 Article whereof taken with hands lifted up to heaven and subscribed by the Parliaments of both Kingdomes and all others well-affected in both Realms doth thus preserve the distinct Priviledges of the Parliaments of both Realms in these words We shall with the same sincerity reality and constancy in our several vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes of England and Scotland which are likewise distinguished from each other in every other Article the Prologue and Conclusion of the League and Covenaâ—t and all Ordinances that confirm it 4. As if this were not sufficient it is directly contrary to the Declaration of the Commons of England assembled in Parliament 17 April 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome by King Lords and Commons the Government of the Church securing the people against all arbitrary Government and maintaining a right understanding between the two Kingdomes of England and Scotland according to the Covenant and Treaties To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration the 29. of Iune 1646. In all which they do professedly declare assert argue resolve the absolute Independency distinct Rights Iurisdictions of the Kingdomes and Parliaments of England and Scotland from the very Articles of the solemn League and Covenant and Treaties between both Kingdomes and other Evidences grounds reasons positively asserting That the Parliament and Kingdome of England is and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome and that the Kingdome and Parliament of Scotland neither have nor ought to have any joynt-concurrent share or interest with them therein nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England And that the self-same liberty and priviledge alwaies had been admitted and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England to the Kingdome and Parliament of Scotland in all things that concern that Kingdome And that it was not the intention of the Lords and Commons in the Parliament of England nor of the Commissioners of the Parliament of Scotland in sending Propositions to the King in the name and in the behalf of both Kingdomes by joynt-consent that any construction should be made therefrom as if either Kingdome had any interest in each others Propositions or in the Legislative Power of each other concerning any of the said Propositions but that it remaineth distinct in each Kingdome and Parliament respectively And that notwithstanding any joynt-proceedings upon the said Propositions either Kingdome hath power of themselves to continue repeal or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively And both Houses did therein declare that they are fully resolved to maintain and preserve inviolable the solemn League and Covenant and the Treaties between the Kingdomes of England and Scotland Now the calling and incorporating of Scotish and Irish Peers Knights Citizens and Burgesses into the Parliaments of England as Members Voters Legislators together with the English to oblige both England Scotland and Ireland against the ancient unquestionable distinct fundamental Rights Priviledges of the Kingdomes Parliaments people both of England Scotland and Ireland all whose Parliaments Rights Priviledges Liberties will be totally subverted by it as well as our English is so contradictory so repugnant to and inconsistent with all and every of these recited Acts Ordinances Declarations clauses of the solemn League and Covenant to the Great Charter of King Iohn all ancient Writs of Summons to English Irish or Scotish Parliaments all Acts for Electing Knâ—ghts Burgesses and concerning Parliaments formerly established in all these three Kingdomes as distinct that no conscientious Heroick Englishman Scot or Inhabitant of Ireland who cordially affects the honour maintenance preservation of his own native Countries Kingdomes or Parliaments fundamental Rights Priviledges Liberties or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken and subscribed in the presence of Almighty God Angels and Men with this protestation wee shall not suffer our selves directly or indirectly by whatsoever combinatien perswasion or terror to be divided or withdrawn from it either by making defection to the contrary part or by giving our selves to a detestable indifferency or neutrality but shall all the daies of our lives constantly continue therein against all opposition and promote the same according to our Power against all Lets and Impediments whatsoever and this wee shall do in the sight and presence of Almighty God the searcher of all hearts with a true intention to perform the same as wee shall answer the contrary at the great day when the secrets of all hearts shall be disclosed can ever in conscience justice reason policy or prudence submit thereto but is bound to oppose and resist with all his power for the premised Reasons 6. Because the proportioning and distribution of the thirty persons to be elected for Scotland and the thirty others for Ireland and incorporating of these sixty Scotish and Irish Knights Citizens and Burgesses into the Parliaments of England was not projected effected approved ratified by the free full and joynt-consents of the respective Parliaments of England Scotland and Ireland but onely by about twenty or thirty Army-Officers in a private Cabinet Conventicle at Whitehall without yea against their privities and consents by their Instrument of Government which they then published 16 Decemb 1653. Artic. 9 10 11. having not the least shadow of any Legal Power or Authority to oblige our 3 distinct Kingdomes Nations Parliaments much less to subvert and abolish them by new melting them into
one body contrary to their very fundamental Laws Constitutions Rights Priviledges to their grand prejudice and dishonour Therefore there is no reason for either of them to submit and conform thereto The rather because this Instrument was never ratified by any but opposed by every publick Convention since its publication yea totally set aside if ever valid by the last of them in and by this clause of their humble Petition and Advice Artic. 3 4. That the number of persons to be elected and chosen to sit and serve in Parliament for England Scotland and Ireland and distribution of the persons so chosen within the Counties Cities and Burroughs of them respectively may be according to such proportions as shall be agreed in this present Parliament which agreed nothing concerning the same And both the Instrument and Advice being now set aside by those in present power by issuing Writs for electing Knights Citizens and Burgesses throughout England according to the ancient Laws Usage Custome and not according to the Instrument or Advice by which the English and Commons House are now remitted to their old Parliamentary Rights Priviledges They are obliged upon all these Reasons Authorities and Considerations henceforth to seclude all Scotish and Irish Knights Citizens Burgesses or Peers from sitting or voting amongst them as Members and ought to treat with them onely as Delegates or Commissioners sent from both Nations touching such affairs as particularly relate to Scotland and Ireland according to ancient and late Presidents but not to permit them any place or vote at all in the Commons or Lords House as joynt-Members Legislators with the English in the Parliaments of England 7. Because the thrity persons to be chosen for Scotland and the other thirty for Ireland and the several Counties Cities and Borroughs within the same to represent and oblige both these Kingdomes and Nations as their Representativees and Attornies are not to be elected by the generality of both Kingdomes as in justice reason equity they ought to be but by such as the Major part of the Council at Whitehall shall prescribe as the 9th Article in the Instrument declares some whole Counties and eminent Cities in both Kingdomes having no voices at all in the Elections of these Members and therefore not to be obliged by them as 44. E. 3. f. 19. 11. H. 7. 14. 21. H. 7. 40. 23 H. 8. Br. Lert 27. 7. H. 6. 35. 6. Dyer 373. b. resolve This being a general Rule in Law Justice Reason inserted into the very Writs of Summons to Parliament Claus. 24. E. 1. m. 7. dorso here p. 6. Ut quod omnes tangit ab omnibus approbâ—tur And the sole reason why Acts of Parliament oblige all those who send Knights and Burgesses to them and not tenants in Ancient Demesn is onely this because they assent unto them in and by their representatives as the Statute of 1 Iac. c. 1. 4. H. 7. 10. Brooke Parliament 25. 27. 41. Ash Parliament 10. and Proclamation 39. and the Law-books Authorities there collected to this purpose determine 8. In the Parliament of a Caroli the Lords Spiritual and Temporal then in Parliament assembled exhibited this Petition to the King That whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of these Kingdomes resident here with their families and having their estates among us do by reason of some late created dignities in those Kingdomes of Scotland and Ireland claim precedency of the Peers of this Realm which tends both to the disservice of your Majesty aâ—d to the diâ—paragement of the English Noâ—ility as by these Reasons may appear 1. It is a nobelty without President that men should inherit honours where they possess nothing else 2. It is injurious to those Countries from whence their Titles are derived that they should have a voâ—e in Parliament where they have not a foot of Land c. Upon the consideration of which inconveniencies they humbly beseeched his Majesty that an order might be timely setled therein to prevent the inconvenience to his Majesty and redress the prejudice and disparagement to the Peers and Nobility of this Kingdome occasioned thereby which the King promised to do And is it not a far greater inconvenience prejudice and disparagement to the Nobility Gentry and Parliaments of England yea a greater Novelty and Injury than this they then petitioned against not only for the Nobility but for the very Knights Citizens Burgesses of Scotland and Ireland to sit with and take place of the ancient Peers Knights Citizens and Burgesses of England according to their several Titles and to enjoy an equal vote judicature priviledge with them in every particular in the very Parliaments of England which they never formerly did though they have not one foot of Land in England nor the English any vote of place in their Parliaments No doubt it is Therefore as fit to be timely redressed as that grievance upon the self-same grounds being more universal prejudicial and dishonourable to the whole English Peerage Parliament and Nation than this which concerned the English Peers alone and that onely out of Parliament 9. This number of Members sent from Scotland and Ireland to the Parliaments of England holds no just not equal proportion or distribution with the numbers of Members which they formerly elected and sent to their own respective Parliaments in Scotland and Ireland as is evident by the Irish Statutes of 18 E. 4. c. 2. 10. H. 7. c. 16 38. H. 8. c. 12. 33. H. 8. c. 1. Cookes 4. Iustit c. 75 76. and Regiam Majestatem nor yet in reference to the number of the Members and Parliament-men in England being near ten to one to the Members of both these Nations conjoyned which inequality upon all occasions may prove very prejudicial to them both 10. It will be an extraordinary grievance oppression expence vexation mischief delay and obstruction of Justice to all the Inhabitants of Scotland and Ireland not onely to bear the Expences of all the Members they send to the Parliaments of England but to be enforced to resort unto them in person together with their Witnesses Evidences and Council for all grievances oppressions injuries errors complains and misdemeans in Officers or Courts of Justice formerly redressed and remediable onely in their own proper Parliaments much nearer home and now only to be heard examined redressed determined in the Parliaments of England as the Claus. Roll. of 39. E. 3. M. 12. De erroribus corrigendis in Parliament is tenend is in Hibernia printed in my Epistle to my Argument of the case of the Lord Magâ—â—re most fully and excellently resolves And the multitudes of complaints out of all three Kingdomes will prove so great in every Parliament that it will be impossible to hear and determine the moity of
them at any one Session or Parliament and the attendance will prove so tedious to all or most that it will become a greater grievance to them than any they complain of and if they gain any relief it will be in effect a Remedy as bad or worse as the diseasâ— it cures Yea an express violation of Magna Charta ch 29. Nulli negabimus nulli differemus justitiam aut rectum Finally This patching of New Scotish and Irish Members into our old English Parliament will be so farre from uniting and contenting the three Nations and Parliaments in one that it will discontent and disunite them more than before and make the rent the greater upon every occasion as Christ himself resolves with whose words I shall close up this observation No man seweth or putteth a peece of new Cloth upon an old Garment else the new peece that filleth it up taketh away from the old and agreeth not with the old and the rent is made worse 5. That as the Writs of the Common Law are the foundations whereon the whole Law and subsequent proceedings do depend as Glanvil Bracton Britton Fleta heretofore Fitzherbert Thelwell Sir Edward Cook and others of later times resolve upon which account if the Writs be vicious erronious invalid illegal or null in Law they abate vitiate and annihilate the whole Process Declarations and Struotures grounded on them as all our Law-Books assert So the Writs of Summons to Parliaments and Great Councils are the very foundations and corner-stones whereon our Parliaments Great Councils and all their Votes Judgements Proceedings Acts Ordinances do depend Therefore if they be defective erronious invalid illegal insufficient or null in themselves the Parliaments and Great Councils convened by founded on them with all their Iudgements Proceedings Acts Ordinances must of necessity be so likewise as the Statutes of 1. Hen. 4. c. 3. 21. R. 2. c. 1. 39. 8. H. 6. c. 1. H. 8. c. 1. 17. E. 4. 5. 7. 1. H. 4. rot Parl. n. 1. 66. 1. E. 4. rot Parl. n. 8 to 17. 1. H. 7. c. 9. 27. H. 8. c. 24. in England largely evidence and the Statute of 10. H. 7. c. 27. in Ireland determines repealing a Parliament holden at Drogheda before Sir Robert Preston decreed and deemed void to all Intents by the Kings Council in Ireland 1. Because the Duke of Bedford Lieutenant of Ireland by whose Deputy it was summoned and held surrendred his Patent of Lieutenancy before the said Parliament summoned 2. Because there was no general summons of the said Parliament to all the Shires but onely to four Shires 3. Because the said Deputy had no mâ—nner of Power by his Commission to summon or kéep a Parliament For the which causes it was ordained and enacted that the Parliament to holden be deemed void and of none effect by the whole Parliament of Ireland Anno 10. H. 7. And the Parliament of 18. E. 4. ch 2. in Ireland touching the Election of Knights and Bâ—rgesses further manifests it 6. That the summoning as likewise proâ—â—guing adjourning dissolving of all Parliaments and Great Councils in England and Ireland is a peculiar inseparable royal Prerogative belonging onely to the Kings of England and incommunicable to any other person or persons yea to Parliaments themselves which cannot appoint a succeeding Parliament to be called but by the Kings consent and that though appointed to be held at a prefixed day and place to be summoned only by the Kings Writ That all Writs of Summons and Prorogation alwaies issued and of right ought to be issâ—ed onely in the Kings name stile authority whether absent out of or present within the Realm whether within age or of ripe years and that by his special Commands alone or his and his Councils joynt precept as the stile name contents of all precedent and subsequent Writs the subscriptions under them Per ipsum Regem per ipsum Regem Consilium per ipsum Regem Custodem Consilium in the Kings absence per breve de privato sigiâ—â—o c. the stile tenor of all Writs De expensis Militum Burgen sium the Statutes of 5. R. 2. Parl. 2. c. 4. 7. H. 4. c. 14. 6. H. 6. c. 4. 23. H. 6. c. 11. 27. H. 8. c. 24. 31. H 8. c. 10. most Acts of late times for the subsidies of the Clergy and Temporalty Tonage Foundage the Prologues to our ancient and modern printed Statutes the Kings Chancellors and others speeches upon the convention of most Parliaments in Parliament Rolls together with the Act of 16. Caroli for preventing of inconveniences happening by the long intermission of Parliaments Cooks 4. Institutes ch 1. and all who have written of our English Parliaments abundantly evidence and resolve beyond contradiction Hence our late King Charles in his Declaration of the causes of assembling and dissâ—lving the two last Parliaments Iune 13. 2. Caroli affirms That the calling adjourning proroguing and dissolving of Parliaments do peculiarly belong unto himself by an undoubted Prerogative inseparably uniied to his impertal Crown and the Statute of 16. Caroli c. 1. made by the unanimous consent of both Houses declares That by the Laws and Statutes of this Realm the appointment of the time and place for the holding of Parliaments and the summoning of them by Writ in the Kings Name hath alwaies belonged as it ought to his Majesty and his royal Progenitors and none else 7. That the Kings of England have as true full real and legal an haereditary right Title Interest Propriety in and to the Parliament as they have in and to the Kingdome and Crown of England as these Clauses in all their Writs of Summons Prorogations of Parliaments issued to the spiritual and temporal Lords Kings Counsil Sheriffs and Warden of the Cinque-ports resolve Ordinavimus quoddam Parliamentum nostrum c. tenere In ultimo Parliamento nostro post ultimum Parliamentum nostrum sitis ad nos ad Parliamentum nostrum and the like compared with Statum Regni nostri Angliae Et cum Praelatis Proceribus Regni nostris sicut commodum Regni nostri Diligitis Iura Coronae nostrae c. in the same Writs The Writs de expensi Militum Burgensium The Titles and Prologues of most printed Acts of Parliament The Statutes of 8. H. 6. c. 7. 23. H. 6. c. 11. 23. H. 8. c. â—3 27. H. 8. c. 24. 31. H. 8. c. 10. 1. Iac. c. 1. and sundry Writs in the Register stiling the Parliament the Kings Parliament his Parliament our Parliament in relation to the King and his Patents for creating Dukes Marquesses Earls Peers and Barons of the Realm granting them and their Heirs males Sedem locum in Parliamentis nostris Haeredum successorum nostrorum inâ—ra Regnum nostrum Angliae Therefore the Parliaments of England can no more exist or subsist without the King than the Kingdome or Crown of England the
King being both Caput Principium finis Parliamenti as Modus tenendi Parliamentum Sir Edward Cooke and others resolve our Parliaments living and dying with our Kings and determining when summoned and sitting by the Kings decease since they can neither treat nor confer with him of any businesses concerning him or his Kingdome nor be his Parliament after his death as the Parliaments of 1. H. 4. rot Parl. n. 1. 2. 3. 1. H. 5. rot Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge the Parliament of 23. R. 2. dissolving by this resignation of the Crown and the Parliaments of 14 H. 4. and 24. Iacobi being dissolved by their respective deaths as their Judges and Parliaments resolved and the Parliament of 18. Caroli by the self same reason as I have elsewhere evidenced seeing hee could neither vobiscum cum caeteris Magnatibus Proceribius Regni nostri colloqaium habere Tractatum super diversis arduis negocâ—is Nos Regnum nostrum coâ—tingentibus nor the Commons do and assent hiis quae tunc ibidem per Nâ—s c. ordinari contigerit super negotiis antedictis as the Writs of Summons and Prorogation prescribe 8. That when ever there was a Custos Regni during the Kings absence in forraign parts or a Protector during his Minority the Writs of Summons and Prorogation issued alwaies in the Kings stile name and by his authority and direction and the Teste onely in the Custos or Protectors name with a per ipsum Regens per ipsum Regem Consilium or per ipsum Regem Custodem consilium subjoyned 9. That when our Kings could not be personally present at any Parliament by reason of their wars sickness extraordinary occasions absence in forraign Parts or minority they held them by a Custos Regni or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal to hold these Parliaments in his Name and Stead which were publickly read at the beginning of the Parliament and entred in the Parliaments Rolls for which I shall present you with these presidents onely omitting all others of this kind agreeing with them or varying little from them in form or substance The first is this Anno 13. E. 3. Rot. Parl. n. 4. Edwardâ—s Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus omnibus aliis ad instans Parliamentum nostrum apud Westm. summonitum conventuris salutâ—m Cum dilectus fidelis noster Edwardus Dux Cornubiae Comes Cestr. filius noster carissimus Custos Regni nostri propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse de circumspectionis industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis discretorum virorum Magistri Willielâ—i de le Zouche Decani Ecclesiae beati Petri Ebor Thesaurarii nostri Ricardi de Willoughby Iohannis de Stonore Iohannis Decani Sti. Pauli plenam fiduciam reportantes ipsos quatuor tres aut duos eorum ad inchoand continuandâ—m Parliamentum praedictum nostri dicti filii nostri nomine ad faciend ea quae Pro Nobis per praedictum filium nostrum facienda fuerint usque adventum filii nostri ibidem Deputamus Assignamus Et ideo vobis mandamus quod iisdem Archiepiscopo The saurario Rico. Iohi. Iohi. quatuor tribus duobus eorum intendentes sit is in praemissis in forma praedicta Teste Edwardo Ducâ— Cornub. Comite Cestr. filio nostro carissimo Custode Angliae apud Langle XIX die Ianuarii Anno Regni nostri tertio decimo The second is thus registred Annâ— 25. E. 3. Rot. Parl. n. 1. 2. Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris salutem Cum Nos ex certis caâ—sis sumus ad partes transmariâ—as profectâ—ri per quod ad primum diem dicti Parliâ—menti forte non poterimus interesse Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand Nomine nostro Parliamentum praedictam ad faciend ea quae pro Nobis per Nos faciâ—ndâ— fuerint usque adventum nostrum ibidem plenam tenore praesentiuâ—â— committimus potestatem Et ideo Vobis mandamus quod eidem filio nostro intendentes sitis in praemissis in forma praedicta In cujus rei testimonium has literas nostras fieri â—ecimus patentes Teste mâ—ipso apud Turrim London 20. die Januarii Anno Regni nostri Angliâ—â— 24. Regni vero nostri Franciae undecimo Per ipsum Regem The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue Enle 15a sâ—int Hilar c. que fuist le primer jour de ce present Parlement trâ—z nobles pâ—issent Sir Richard Prince de Gales Duc de Cornwelle Couâ—te de Cestr. auxint les Prelets Seigneurs Justices Comenes auters que fuerent venuz per Sommons de ce present Parlement sesemblerent en le palayes de Westm. en le Chambre de peinte illoeques en lour presence le dit Prince alos seent in my lieu de uly Cestassavâ—ir en la place du Roy mesâ—es nostre le dit Seigâ—ieur le Roy esteant meismes benemont venier en sa proper persone envoy ast en dit Parlement returnes ses Literes patents â—oâ—z son grant Seale enseales en la form que ensuant Edwardus Dei gratia c. Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus militibus omnibus aliis in instanti Parliamento conventuris salutem Cum ex certis cansu sumâ—s ad prâ—â—sâ—ns praepâ—diti ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterimâ—s interesse de circumspectionis industriae magnitudine carissimi filii nostri Ricardi Principis Wallia Duciâ— Cornubiae Comitis Cestr plenam fiduâ—iam reportantes eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand ad faciend 〈◊〉 quae pro Nobis per â—os ibidem faciend fuâ—runt plenâ—â—m tenorsâ— praesentium committimus poâ—estatâ—m Et ideo vobis mandamus quod eidem Principi intendentes fitis in praemissis in forma praedicta In cujus Rei c. Teste meipso apud Havering 26. die Jan. Anno Regni nostri Aâ—gliae 51. Franciae 38. The fourth is thus entred Rot. Parl. An. 1. H. 6. n. 1. Fait assavoir 〈◊〉 commâ—ncâ—ment del Parlement tenuz le Lundy prochein de â—aâ—t le feste de Seint Martyn I'aâ— del
the Writs of Summons and Prorogation attest 11. That for the most part all Writs of Summons and Prorogation both to the spiritual and temporal Lords Kings Counsil Sheriffs of Counties and Wardens of the Cinque-ports have the self-same Teste date Prologues yet now and then some of them are different in their dates yet very rarely in their recitals That there is frequently a different space of daies and times between the dates of the Writs of Summons and Resummons upon Writs of Prorogation and the daies of the first meeting of the Parliaments and Great Councils to which they are summoned and elected as you may easily discern by comparing them there being sometimes two months space or more sometimes fifty daies but usually forty daies or more according to the Charter of King Iohn between the date of the Writs and daies of appearance in Parliaments and Grand Councils Yet in cases of extream necessity upon sudden unexpected dangers I finde two Parliaments summoned to meet within the space of forty daies as in Claus. 4 E. 3. d. 19. Where there was onely two and thirty daies between the date of the Writ and Parliament which being unusual there is an express clause in the Writs that it should not be drawn into consequence for the future So in 28 Eliz. the Writ bore date the 15th of September and the Parliament was to begin the 15th of October following but thirty daies after All other Writs to my best remembrance these two excepted having at least forty daies between the Teste and daies of appearance that so the Members might have competent time to prepare themselves to repair to Parliaments and Great Councils after their Summons and Elections 12. That in ancient times our Parliaments and Great Councils were more frequently summoned to meet and appear on the Lords Day than on any other day of the week which abuse in succeeding times was reformed and quite discontinued even in times of Popery as well as since the reformation of Religion 13. That our Kings upon extraordinary publick dangers and other occasions may summon Parliaments Great Councils Convocations as often as they think meet That they were anciently summoned once or twice every year at least and some times thrice four or five times in one year according to the ancient Constitution in the. Council at Hereford Anno 673. Can. 7. The Law of King Alfred Rotul Ordinationum 5 E. 2. n. 31. 4 E. 3. c. 14. Rot. Parl. n. 14. 36. E. 3. cap. 10. 50. E. 3. Rot. Parl. n. 181. 1 R. 2. rot Parl. n. 95. 2. R. 2. rot Parl. n. 4. 5. 16 Carol. cap. 1. 14. That the more weighty difficult pressing urgent the occasions and dangers were of summoning Parliaments the more importunate vehement urgent mandatory minatory and compulsary were the expressions mandates clauses in the Writs of Summens for the Lords and Commons personal appearance and attendance without admitting any excuses or procurations and not to depart from them without special licence 15. That when any publick weighty businesses intended to be propounded dispatched in one Parliament or Great Council by reason of other businesses or shortness of time could not be propounded or concluded therein thereupon another Parliament or Council was soon after called to dispatch it the day and place whereof was sometimes appointed in and by the Parliament next preceding before its dissolution 16. That though anciently before the word Parliamentum came in use among our Ancestors Great Councils were the same in substance with Parliaments yet since the summoning of Knights Citizens Buâ—gesses and Barons of the Ports to Parliaments and the insertion of Parliamentum into the Writs of Summons and Statutes you may obâ—erve some differences between Parliaments and Councils and the Writs of Summons to them which are frequently distinguished in the margin of the Clause Rolls by this different entry Summunitio Parliamenti De veniendo ad Parliamentum c. Summonitio Concllil de veniendo ad Concilium c. The principal differences between them are these 1. That many Bishops Abbots and Nobles are usually omitted in the Summons to Councils which were usually summoned to Parliaments and seldome omitted in the summons to them unless absent in forraign parts 2. That many persons were summoned to Councils which wee never finde summoned to Parliaments 3. That there is no Clause of Praemunientes in the Writs of Summons to Councils issued to Archbishops and Bishops to summon their Chapters Deans Archdeacons and Clergy of their Diocess as there is usually in their Writs of Summons to Parliaments 4. That Writs of Summons to Councils issued to the Lords Great men are seldome accompanied with any Writs of Election for Knights Citizens Burgesses and Barons of Ports issued to Sheriffs or the Warden of the Cinqueports as Writs of Summons to Parliaments are and if any Knights Citizens or Burgesses be summoned to them it is in a different manner and number than when they were summoned to Parliaments 5. Writs of Summons to Parliaments are usually accompanied with Writs of Summons to the Kings Counsils but those to Councils are never attended with such Writs distinct from those issued to the spiritual and temporal Lords as Writs of Summons to Parliaments are Which differences some injudicious Writers and Antiquaries not observing have both confounded those Writs together as one and mistaken one of them frequently for the other 17. That the principal end scope of summoning Parliaments ought to be the common benefit ease profit welfare of the people the execution promotion of publick Justice the Peace and good Government of the Realm the reformation of all publick grievances and oppressions the enacting of wholesome Laws the maintenance of the Great Charters and Liberties of the people and freeing them from all unjust exactions impositions taxes not granted by Parliament nor warranted by Law the necessary defence of the Realm by common consent against forraign enemies and not to exact and impose unnecessary insupportable excessive endless Aids and Taxes on the people 18. That no publick war ought to be undertaken nor no Aids Taxes Imposts Customes or Tallages imposed on or exacted levyed on the people by our Kings or any other but onely by common consent and Grant of the Lords and Commons in a full and free Parliament though it be for the necessary defence of the Kingdome by Land or Sea the defence or regaining of the Lands and Rights of the Crown in forraign parts and that onely in moderate and just proportions granted onely for a short season and leavyed in a legal manner Nor no mens Rights precluded or forejudged in Parliament by any general Act before they bee heard Nor the Clergy taxed by the Lords and Commons but onely by themselves in their convocations 19. That the Writs of Summons to Parliaments enjoyning all the temporal Earls Peers Lords and Barons of the Realm and commanding them upon and in the Love
all other lawfull Members both of the Lords and Commons House ought to enjoy the self same Protection Priviledge Freedome immunity and no wayes to be interrupted molested disturbed by any other Officers Subjects Persons or Members whatsoever from freely repairing to residing in or returning from our Parliaments much lesse to be forcibly secluded out of them by armed guards new oaths or popular tumults Neither may can ought the House of Commons alone nor any prevailing party in it to exclude eject any duly elected returned Member once admitted without any Legall accusation tryal cause at all nor yet for betraying of his trust or misdemeaning himself as a Member after his election nor for any real offence as a Member without and against the Kings and Lords concurrent Judgments and assents in whom alone the power of Iudicature resides in such as well as in all other causes as I have elsewhere evidenced by unanswerable Presidents and the rules of right reason he being summoned only by the Kings Writ and authority impowred trusted by his electors only as their peculiar Trustee Atturney not his fellow Knights Citizens Burgesses to do and assent to such things as shall be ordained by the King Nobles and Common Counsell of the Realme touching the weighty publike affairs of the King and Kingdoms and obliged antiently by Manucaptors and since by their Indentures of retorn and our Laws not to depart from the Parliament without the Kings special license under pein of his indignation and other penalties Therefore no more to be suspended secluded ejected imprisoned by his fellow-Commoners without the Kings and Lords concurrent Judgements and Assents than one Judge or Justice on the Bench can unjustice unjudge uncommission another one Trustee Executor or Attorny discharge his fellow Trustees Executors Attornies of their trusts one Grand-Jury man thrust another out of the panell without the Judges consent or one Common Counsel man of a City or Livery man of a Company disfranchise and discommon another without the consent or judgement of the Mayor and Aldermen of the City or Master and Wardens of the Company whereof they are Members Whatever exorbitant irregular practices have of late times been usurped by or presidents made in the Commons House to the contrarie almost to the total if not final subversion of all future Parliaments and their privileges It being a Maxim in Law and Reason Par in parem nonhabet Imperium multo minus Superioritatem especially in the Kings own Parliament and Supreme Court of Justice wherein himself and his Nobles only sit as supreme Iudges not the Commons as a distinct Court and independent Judicature of themselves as some would fancy them in their Utopian brains and practises much less can they â—eâ—â—ude vote down any Members of the House of Peers or the whole antient House of Lords or dishinherit them of their Birthrights as some furious Bedlam Members of a dismembred dissolved House of Commons have most insolently and injuriously without hearing trial against their own Acts Declarations Protestations Vowes Covenants Commissions Trusts attempted to intrude themselves into their places and Tribunals and make themselves more than Lords and Caesars not only over their Fellow-Commoners but our Kings Peers Parliaments and Kingdomes which they have trampled under their Papall feet and metamorphosed at their pleasures into sundry mishapen mutable unsetled new models to our apparent approaching ruine if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations 20. That if the forcible seclusion or disturbance of any Lord or Member of the Lords House duly summoned who ought of right to sit vote in the Lords House be so great a breach of Priviledge Injury as I have evidenced then the forcible suppression seclusion of all the ancient Peers and House of Lords by any real or pretended Members of the late House of Commons contrary to the expresse Clauses Formes of all ancient Writs and the very writs in 16. Caroli without any legal jurisdiction hearing triall must needs be a greater breach of trust Priviledge Injustice in them fit to be redressed for the future peace Justice settlement of our distracted Nations and restoring our Parliaments to their pristine Splendour Honour ends uses for the redressing of all publick Grievances If any Republicans Army Officers New Grandees or others here object as some now do That it will be both perillous and inconvenient to the Subjects the House of Commons and its Members to restore the ancient Lords and House of Peers to their pristine Rights Priviledges Jurisdiction Judicature over them in that latitude I have asserted evidenced it by Histories and Records in my Plea for them without prescribing some new just bounds and regulations unto them by the Commons House I answer 1. That the Lords being the only original ancient Members of our Great Councils Parliaments many hundreds of years before any Knights Citizens Burgesses or House of Commons were called admitted to them by the King and House of Lords and receiving no power Judicature or Jurisdiction at all from the Commons but what they have of right enjoyed exercised in all precedent ages without the least complaint opposition or contradiction of the Commons in any former Parliaments before 17. Caroli The Commons have no more authority right reason â—urisdiction to limit or restrain this their ancient right Judicature Priviledge much lesse to abrogate then the Grand or Petty Jury have to limit regulate the Judges or Justices Commissions Authority on the Bench or the Tenants the Jurisdiction of their Lords Courts or every Committee of the Commons House the Excesses of the House it self or the Unparliamentary Iuncto which voted them down and engaged against them without the least colour of Jurisdiction Law reason hearing impeachment triall had to usurp such a transcendent power over them not to be paralelld in any age nor now approved by assenting to it 2ly That the old Lords and House of Peers in no cases ever exercised such an exorbitant arbitrary tyrannicall Jurisdiction Illegall power in all kinds as the Commons House and every of their Committees and Sub-Committees of Examinations Sequestrations Compositions Sale of Delinquents estates Crown Lands Obstructions Appeales Scandalous Ministers and High Courts of Iustice have done without the least Report to the House it self of their proceedings both over the King and his Posteritie the Peers of the Realme their fellow Members secluded secured imprisoned close imprisoned ejected exiled by them without any cause or hearing at all and their fellow Commoners of all sorts deprived of their Inheritances Estates Offices Liberties Callings Lives and the benefit of the Lawes themselves for not taking their new Oathes and Engagements contrary to Law and their former legall Oathes Leagues and Solemn Covenant and Protestation wâ—â—hout a legal Indictment or trial by a Jurie of their equalls or witnesses viva voce upon Oath since their slighting suppressing of the old
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by