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
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
as I have formerly mentioned in the Epistle to my Plea for the Lords my Preface to an Exact Abridgement of the Records in the Tower and in a printed Title three year since by which I endeavoured to promote it which would supply all the three precedent Defects The 4. is the great lack of diligent faithfull Collections and Publications of all the choicest Records Proclamations Writs Letters Charters Patents Commissions c. in the Tower or elsewhere which concern the Liberties and Properties of the Subject The just antient Duties Customs Revenues Jurisdictions of the Kings and Crown of England in times of Warre and peace the Coin Merchandize Manufactures Trade Government Navy Forts Militia of England and Ireland and the Negotiations Leagues Treaties with forein States or at leastwise the want of an Exact Table Repertory to them whereby they might be readily found out and made uâ—e of upon all emergent occasions The 5. is a Compleat Register or Kalendar of all Parliamentary Writs extant in our Records which those who have formerly written Discourses touching our English Parliaments were either totally ignorant of or not well acquainted with or else took no care or pains at all to communicate to others though the very foundations of all our Parliaments and their proceedings The omission or ignorance whereof hath made most of their Treatises of this subject very imperfect unsatisfactory and full of gross misprisions which pass for current Truths It seemed very strange and monstrous to me that none of our Kings Parliaments Great Officers of State Nobles but especially none of our reverend Iudges learned Lawyeâ—s nor any of the Mâ—sters of the Rolls to whose beneficial Office care diligence it most propeâ—ly appertained in so large a tract of time since Printing first grew common have not hitherto put to their own helping hands nor incouraged others by Honorary Salaries to supply these deplâ—rable prejudicial Defects especially the 3. first which so much concern the publike Government Justice Honor welfare Laws Interest of the whole English Nation when as forein Kings Parliaments Statesmen Lawyers Advocates especially in France Spain Germany Denmark have been very diligent and laborious in later ages in searching out transcribing publishing to posterity all the Antiquities Records Councils Parliaments Laws Edicts Ordinances Histories Transactions of thâ—ir Predecessors and encouraged their learnedest Scholars by great Offices Honors Salaries and bountiful rewards to collections and publications of this Nature to their eternal honor VVhereupon I endeavoured the last long Parliament by an Epistle to the Lords to excite them to contribute their best assistance towards the speedy Publication of all our Parliamentary Rolls and Records profering my best endeavors to promote it but I neither then nor since received the least incouragement from them or others towards this beneficial publike undertaking from which soon after I was both discouraged and disabled by near 3. years close Imprisonment in 3. remote Castles under armed strictest guards by Mr. Iohn Bradshaws and his Whitehall Associates warrant without any accusation hearing or particular cause either then or since expressed of purpose to debarr me from publishing any thing of this Nature or against their New Tyrannical usurpations transcending all in former ages After my enlargement from these 3. years expensive as well as tedious restraints superadded to my former Imprisonments and Losses under the Prelates and Army-Officers I endeavored to revive this Heroick work and to encourage all publike-Spirited Noblemen Gentlemen Lawyers to promote it both by the publication of many unknown rare Records in the second Part of my Demurrer to the Iews long discontinued Remitter into England and Discoveries therein of the Vsefulness and excellency of our Records in general and of those relating to our Parliaments Laws Liberties Properties in particular Since which by a printed Paper I proposed a way how in what manner and by what time this usefull Design might probably be effected with no loss at all but certain gain to those who should contribute only 10 〈◊〉 a piece towards it for a year or two at most and should then certainly receive their principal again together with Books in the interval amounting to treble the interest which though some of my friends to whom I communicated these papers highly approved of seeming forwards to contribute towards it yet I found such a general lukewarâ—nness or rather absolute coldness in others really to advance it as caused me totally to desist from any further prosecution thereof Whereupon to supply those defects in some degree as much as in me lay I did with no little pains and cost upon my own private account alone without the least assistance contribution from any others collect compile print and publish to the world in the 3. First Parts of my Seasonable Historical Vindication and Chronological Collection of the good old Fundamental Liberties Rights Franchises Laws 〈◊〉 all English Freemen an Exquisite Epitome of all the Parliamentary Councils Synods and State-assemblies held within our Realms upon several Occasions extant in our Historians from the Britons first arival therein till the Coronation of King William the first Anno 1066. conteining the space of 2390. years Which though very usefull seasonable profitable containing sundry rarities in them were looked upon by most men with contempt like old Almanacks Clothes or Fashions quite out of dâ—te whence most of them lye moulding in Warehouses for want of sale After which in pursute of these beginnings I freely contributed my labors to the publishing of Aâ—â—xact Abridgment of the Parliâ—ment Rolls and Records in the Tower of London from King Edward the 2. till 1 R. 3. rectifying sundry mistakes supplying divers defects therein adorning it with a necessary Preface usefull Tables and Marginal Notes without which it had been in a manner altogether useless Since which I much enlarged and reprinted â—pon my own Account alone for want of assistance by others my Plea for the Lords and House of Peers Wherein I have communicated to the world out of Records and Histories more Presidents knowledge touching the Judicature Jurisdiction and Proceedings of our Great Councils and Parliaments in former ages and more fully vindicated the just antient Privilege and Hereditary right of the Lords and Barons of this Realm to sit vote judge in all our English Parliaments than any others have done in former ages without the least incouragement ayde or retribution from any of their Lordships notwithstanding my manifold sufferings by from and under some of them and their ancesters heretofore both in person and estate without the smallest voted recompence These last publications together with my Soveraign Power of Parliaments and Kingdoms my Historical Collection of the Great Councils and Parliaments of England and new published Argument of the Case of the Lord Magwire having in some measure though not so fully as I desire supplied the 4. first premised Deâ—ects I have endeavored by this presentâ— Brief Registâ—◠〈◊〉 and Survey of the sâ—veral 〈…〉 the
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
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
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 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
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
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
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