terras illas et tenementa statim in manuÌ„ suam seisivit et postea ipsum Manerium de Werk ipsi Willielmo dedit Et hoc paratus est verisicare tam pâ—o Domino Rege quam pro seipso si petentes praedicti in petitione sua praedicta audiri debent c. Et quia habito super praemissis diligenti tractatu per ipsum Dominum Regem et totum Consilâ—um expressè recordatum est quod dictus Robertus de Ros per multa tempora ante principium istius ultimae guerrae contra Homagium Fidelitatem et Ligeantiam suam de ipso Domino Rege traditiosè et felonicè se elongavit et Inimicus ipsius Domini Regis manifestè devenit parti Scotorum adhaerendo tunc Inimicorum et Rebellionum Domini Regis existentium nec unquam postea in vita sua ad pacem Domini Regis rediit set inimicus â—â—â—s obiit visisque articulis et conditionibus contentis in Ordinatione per ipsum Dominum Regem facta in eaâ—dem ultima guerra hominibus de terra Scotia et concessione de redditione terrarum suaruÌ„ eisdem facienda quam de aliis in eadem Ordinatione contentis et virtute cujus Ordinationis petentes praedicti modo tenementa praedicta petunt Uidetur Domino Regi et Consilio suo quod petentes praedicti ratione illius Ordinationis seu redditionis in Petitione sua praedicta audiri non debent Propter quod Concordatum est et consideratum per ipsum Dominum Regem et Consilium suum quod praedictus Willielmus eat inde sine die c. Et quod praedicti petentes nichil capiant per Petitionem suam praedictam c. After which upon the suit of the Petitioners to King Edward the 2. in the 4. year of his reign being in Scotland there issued two several writs to Gilbert de Roubyry to search the Rolls of Parl. and certify the Tenor of the Petitions aforesaid and the Answers given thereunto and proceedings thereupon coram dicto Patre nostro Edw. 1. et Consilio suo in Parliamentis suis faâ—ta because this Iohn Salveâ—n coram Nobis et Consilio nostro prosecutus fuerit petenda c. that the King would receive his homage for the moity of the lands descended to his wife as one of the Coheirs of Robert de Ros and restore the same unto him For Judgements given in Parliament upon Petitions or Complaints by the King Lords and Kings Counsil joyntly you may peruse Nicholas de Segraves case in Cooks 3 Instit. p. 7 8. and My Plea for the Lords p. 361. with others there cited I shall here for brevity recite only two Memorable ones The 1. in the Placita in Parliamento apud London in crastino Epiphaniae Anno regni Edwardi 1. vicesimo the long great and famous case between Humfry de Bohun Earl of Hereford and Essex and Gilbert de Clare Earl of Gloucester and Hertford who invaded one anothers lands by force and arms in a warlike manner and committed many rapines burnings murders and enormities against the Kings peace and prohibition after many Inquisisitions and debates touching this business before Justices assigned and afterwards before the Kings Counsil and then before the King and his Counsil by these passages often mentioned in the record Concordatâ—m est per DOMINUM REGEM CONSILIUM Decretum est PER CONSILIUM Videtur CONSILIO DOMINI REGIS per dictum DOMINUM REGEM CONSILIUM c. evidentâ—r compertum est twice repeated Quod corpora eorum habeat coram DOMINO REGE EJUS CONSILIO ad voluntatem ipsius Domini Regis audiendam et faciendam et recipiendum id quod DOMINUS REX DE CONSILIO SUO DUXERIT ORDINANDUM fully evidence At last both the Earls Voluntati Domini Regis se omnino submiserunt ut de eorumque libertatibus faciat quod sibi placuerit Whereupon Dominus Rex super hoc non voluntariè tantumniodo imo proâ—t de jure et secundum legem et consuetudinem regni fuerit faciendum et etiam per Consilium Archie-piscoporum Cpiscoporunâ— Comitum et Baronum caeterorumque De Consilio suo existentium facere volens in praemissis et ut voluntas sua justa sit et rationabilis proâ—t decet eorumque Assensum in praemissis petiit et Consilium Propter quod habito tractatu â—oram ipso Domino Rege et Consilio suo super praedictis tam ipso Domino Regi quam caeteris Praelatis et Magnatibus et singulis de Consilio suo videâ—ur quoad Comitem Gloucestriae quod libertas sua praedicti c. pro se et haeredibus suis forisfacta est ratione delicti praedicti c. Dictum est eidem Comiti Gloucestriae per considerationem et Iudicium Archiepiscoruâ—â— Episcoporum Comitum Baronum et totius consilit Domini Regis quod libertas sua praedicta c. totumque regale in eisdem terris remaneânt Domino Regi et haeredibus suis ut forisfacta tota vita ipsius Comitis Gloucestriae et idem Comes retorâ—etur prisonae et inde redimetur ad voluntatem domini Regis et etiam quod praedictus Comes Hereford recuperet versus eum Centum libras pro dampnis praedictis Et similiter quoad praedictum Comitem Hereford â—o quod videtur Domino Regi et ejus Consilio habito super hoc tractaâ—â— diligenti quod libertas sua in terris suis de Brekennoâ— c. ratione delicti praedicti forisfacta esset Dictum est eidem Comiti Hereford per considerationem et judicium Archiepiscoporum Episcoporum Comitum et Baronum et totius Consilii Domini Regis quo libertas sua praedicta remaneat Domino Regi et haeredibus suis forisfacta de ipso Comite Hereford et haeredibus suis imperpetuum et corpus suum prisonae retornetur et inde redimetur ad voluntatem Domini Regis Et quia videtur Domino Regi et ejus Consilio quod transgressio de qua idem Comes Hereford convictus est non est ita carcans nec tantam poenam requirit quantum et facta transgressio praedicta de qua praedictus Comes Gloucestriae convincitur and because he had espoused the Queens kinswoman therefore the forfeiture was mitigated and ordered to continue to the King and his heirs during the Earls life only After these Earls had continued in prison for some time the Earl of Gloucester finem fecit Domino Regi pro Decem Mille Marc. pro Transgre sâ—ione praedicta and put in 5 Noble men for his pledgeâ— And the Earl of Hereford likewise finem fecit Domino Regi pro Tâ—ansgressione praedicta pro Mille Marcis et reâ—ipitur per plegios who are named in the Record After which Ioâ—â— de Crepinghes and others of the Earls Assistants in these riotous Misdemeanors ad instantiam Praelatorum Comitum Baronum et aliorum de Consilio sus who
17. E. 1. made and agreed on at Nottingham By the assent of our Counsell there being By the Preface to Articuli Cleri 9. E. 2. In our Parliament holden at Lincolnâ— the 9th of our reigne We caused the Articles underwritten with certain Answers made to some of them to be rehearsed before Our Counsell and made certain Answers to be corrected and to the residue of the Articles underwritten answers were made By us and our Counsell of which Articles and Answers the tenours here ensue By the Statute of Gavelet An. 10. E. 2. It is provided by our Lord the King and His Iustices c. By the Statute De Terris Templariorum 17. E. 2. It was moved in Parliament in the presence of the Prelates Barons Nobles and Great men of the Realm and others there present Whether the Order of the Templers being dissolved the King and other Lords of the fees might retain them by the Law of the Realme and with safe conscience Whereupon the Greater part of the Kings Counsell as well the Iustices as other Lay-Persons being assembled together the said Iustices affirmed precisely That our Lord the King and other Lords of the fees aforesaid might well and lawfully by the lawes of the Realme retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But upon other grounds of Conscience they setled them on the Hospitall of S. Iohns of Ierusalem by this Statute 1. E. 3. c. 3. But it is not the mind of the King nor of His COUNSELL that they who have sold ther Lands c. should have any benefit of this Statute The Prologue of the printed Statute of 1. E. 3. Parl 2. At the request of the Commonally by their Petition made before the King and HIS CONSELL in Parliament by assent of the Prelates Earles and Barons c. 9. E. 3. c. 1. Our Sovereign Lord the King desiring the profit of his people by the assent of his Prelates Earles Barons and other Nobles of his Realm summoned at his present Parliament and By the aâ—vice of his Counsell being there c. hath ordained and established the Statâ—â—te of Money 9. E. 3. c. 7. When and where it shall please us and OVR COVNSELL to make Exchanges 11. E. 3. c. 1. Till by the King and his COVNSELL iâ— he otherwise provided 14. E. 3. c. 5. The Chancellor Treasurer the Justices of the one Bench and of the other and other OF THE KINGS COUNSELL 14. E 3. Stat. 3. Of the Clergy Prologue Wherefore Wee their petition seen and regarded and there upon deliberation with the Peers of the Realme and other of OVR COVNSELL and of the Realm c. have granted c. And ch 5. Our Chancellour and Treasurer taking to them other of our Counsell c. 20. E. 3. Prologue By the assent of the Great men and other wise men of Our Counsell We have ordained these things following And c. 5. We have ordained to come before us at a certain day or before them whom we shall depute of Our Counsell 23. E. 3. c. 8. should be converted to a publick and common profit by advise of His Counsell And alwayes it is the intent of the King and of His Counsell that according to the first Ordinance it should be lawfull and shall be lawfull for every man c. 25. E. 3. of Labourers Prologue It was ordained by our Sovereign Lord the King and by assent of the Prelates Earles Barons and other of His Counsell 25 E. 2. Stat. 2. Of those born beyond the Seas Our Sovereign Lord the King willing that all doubts and ambiguities should be put away and the Law in this case declared and put in a certainty hath charged the said Prelates Earles Barons and other wise men of his Counsell assembled in this Parliament to deliberate upon this point which of one assent have said That the Law of the Crown of England is and alwayes hath been such c. 25. E. 3. Parl. 5. c 2. of Treasons And if percase any men of this Realme endeavour covertly or secretly against any other to slea him or to rob him or take him or retein till he hath made fine or ransome or to have his deliverance it is not the mind of the King Nor His Counsell that in such cases it shall be judged Treason but shall be judged Felony or Trespasse according to the Laws of the Land of old time used and according as the case requireth And chap. 4. It is accorded assented and stablished that from henceforth none shall be taken by petition or suggestion made to our Sovereign Lord the King or to his Counsell unlesse it be by Inditement or presentment of his good and lawfull neighbours 25. E. 3. Parl. 6. Statute of Provisors Whereas in the Parliament of Edward King of England Grandfather of the King that now is the 25. of his reigne holden at Carlile the Petition heard put before the said Grandfather and HIS COUNSELL by the Commonalty of his Realm c. 27. E. 3. c. 1. Provisors shall have day containing the space of two moneths by warning to be made to them c. to be before the King and HIS COUNSELL or in his Chancery or before the Kings Justices in his places of the one Bench or the other or before other the Kings Justices which shall be deputed to the same to answer in their proper persons to the King of the contempt done in this behalf ch 2. It is assented by the King and all his Counsell 27. E. 3. of the Staple ch 21. That the same Mayor and Constables do not ordain any thing contrary to these Ordinances nor make interpretation nor exceptions to them otherwise then the words purport but if there be any thing that is doubtfull it shall be shewed unto Our Counsell and there declared by good advise ch 23. And in case that debates arise betwixt them upon the discussing of any plea or quarrell the tâ—nour of the said Plea or quarrell shall be sent before the Chancellor and other of Our Counsell to be by them determined without delay ch 25. And now late it is done Us and our Counsell to understand by the complaint of the said Merchants ch 28. And in case any thing be to be amended added changed or withdrawn of any of the said points in time to come by a true cause we will that the same be done by deliberation and advice of the Great men and Other of our Counsell in Parliament 31. E. 3. Stat. 2. c. 3. It is accorded by our Sovereign Lord the King the Great men and all the Commons in this present Parliament that the Chancellor and Treasurer taking unto them the JUSTICES and OTHER THE KINGS COUNSEL such as to them shall seem meet shall have power to ordain remedy of the buying and selling of Stockfish of St. Botulfs and Salmon of Barwick and of Wines and Fish of Bristow and elsewhere and that the Ordinances by
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
to the Sheriffs hands I shall adde this memorable exposition of the Statute of Magna Charta c. 35. made by the King and greater part of the Bishops Earls and Barons of the Realm without the Commons touching the holding of Hundred Courts Wapentakes Court Leets omitted by Sir Edward Cook in his Commentary thereon which it better explains than his Annotations upon it Claus. 18. H. 3. m. 10. Rex Vic. Linc. salutem Quia audivimus quod tu Ballivi tui Ballivi aliorum qui Hundredum habent in Comitatu tuo non intelligitis qualiter Hundreda Wapentake teneri debeant in Com. tuo postquam concessimus omnibus de Regno nostro Libertates in cartis nostris quas indo fecimus dum fâ—imus infra aetatem Nos eandem Caâ—â—am nuper legi fecimus in praesentia Dom. CANIUAR ARCHIEP MAJORIS SANIORIS PARTIS OMNIUM EPISCOPORUM COMITUM ET BARONUM TO TIUS REGNI NOSTRI UT CORAM EIS ET PER EOS EXPONERETUR haec clausula contenta in Carta nostra de Libertatibus viz. Quod nullus Vicecomes vel Ballivus faciat Turnum suum per Hundredum nisi â—is in anno non nisi loco debito consueto viz. semel post Pascham iterum post festum sancti Michaelis Ita scilicet quod qui libet habeat â—ibertates suas quas habuit habere consuevit tempore H. Regis avi nostri vel quas postea perquisivit Unde à multis ibi dictum suit quod tâ—â—pore H. Regis avi nostri tam Hundreda et Wapentac quam curiâ—â— Magnatum Angliae solebant teneri de Quindena in Quindenam Et licet multum placeret communi utilitati totius regni indempnitati pauperum providere quia tamen illi duo Turnii plene non sufficient ad pacem regni nostri conservandam ad excessus tam divitibus quam pauperibus illatis corrigendos quae ad Hundredum pertinent De COMMVNI CONSILIO praedict Dom. CANTUAR OMNIUM praedict EPISCOPORUM COMITUM ET BARONUM ET ALIORUM ITA PROVISUM EST. Quod inter praedictos duos Turnos teneantur Hundredum Wapentakia etiam curiae Magnatum de Tribus septimanis in Tres septimanas ubi prius teneri solent de Quindena in Quindenam Ita tamen quod ad illa Hundred a VVapentakia Curias non fiat generalis summonitio siâ—ut ad Turnos praedictos set ad hujusmodi illa VVapentakia Curias convenient conquerentes adversarii sui illi qui sectas debent per quos teneantur placita fiant judicia nisi ita sit quod ad Hundreda illa VVapentakia fieri debeat Inquisitio de placitis Coronae sicut de morte hominis Thesauro invento hujusmodi ad quae inquirenda conveniant cum praedictis sectariis quatuor villatae proximae scilicet omnes de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda VVapentakia Curias tam Nostras quam aliorum teneri facias de cetero secundum quod praedictum eâ—t de tribus sepeimanis in tres septimanas exceptis praedictis duobus Turnit qui de caetero teneantur secundum quod prius teneri solebant T. R. apud VVestm 11. Octobris I shall only adde this one Record more proving that matters concerning Truces were resolved by King H. 3. the Spiritual and Temporal Lords in Parliamentary Councils without any Knights Citizens or Burgesses Claus. 19. H. 3. m. 20. Rex Roberto de Langeton Archidiacono Cant. Abbati de sancta Radegunda saluteâ— Super sollicitudine diligentia laudabili simul laboribus sumptuosis quas circa negotium nostrum expediendum quod vobis injunximus apposuistis urrique vestrum copiosas referrimus gratiarum actiones vobis quidem magister S. praecipuas speciales utpote ei cujus fidelitatem prudentiam plurimum commendamus Sciatis autem quod CONGREGATIS apud VVestmon in octabis sancti Hillarii vener patribus G. Cantuar Archiepiscopo EPISCOPIS COMITIBUS ET ALIIS FIDELIBUS NOSTRIS to wit the Barons and Great men not Commons as the subsequent clause attests Post diligentem tractatum habitum CUM IPSIS DE NEGOTIO TREVGARVM inter Nos Regem Franciae aliis agendis nostris visum fuit iisdem fidelibus nostris quod nullo modo sine verecundia opprobrio nostris Insulam de Olerone 〈◊〉 potuimus Comiti Marchiae pro coÌ„sensu suo adhibendo ad treugas inter nos ineundas nec in co consilium Nobis praestare vel consentire voluerint Sic enim praeter verecundiam quam inde consequeremus ab omnibus quibus factum nostrum innotesceret teneremur et pro remissis et minus valentibus haberemur et etiam pessimum perniciosum exemplum aliis qui in casu consimili ad similia petenda per hoc moverentur Vnde si per dâ—centas libras annuas Treugis durantibus ad consensum Treugarum possitâ—idem Comes induci pro Insula praedicta sicut alias locutum suit bene placeret tam Nobis quam praedictis MAGNATIBVS NOSTRIS et ad hoc laborare velitis quia priori conditioni consentire non esset honestum vel expediens c. T. Rege apud Westm. 27. Januarii I shall trouble you with no more Presidents or Records of this nature by way of Preface to this first part of my Register Kalender and Survey of Parliamentary Writs In which I have presented you onely with the several Writs of Summons directed to the Spiritual and Temporal Lords and Kings Counsil their ordinary Assistants intermixed with some other Writs and several forms of Procurations in my Observations on them which relate wholly or principally to the House of Lords Convocations and Clergy amounting to a just vendible Volume The several forms varieties of Writs issued to Sheriffs of Counties Wardens or Officers of the Cinque-Ports Dukes of Lancaster their Lieutenants or Chancellors and Sheriffs of particular Boroughsâ—made â—made Counties within â—emselves for electing Knights Citizens Burgesses and Barons of the Ports peculiar to the House of Commons with all sorts of Writs for proroguing continuing adjourning Parliaments or superseding them after summons to them upon extraordinary occasions relating equally to both Houses of Parliament and their Members together with some special Writs of Summons to the Kings Prelates Nobles Barons Great Officers and others of the Realms Lands of Scotland and Ireland to appear in at or before the Parliaments Great Councils Kings or Privy Counsil in England concerning the affairs or defence of Scotland and Ireland onely as likewise to particular Merchants Masters of Ships Forresters Lawyers learned men of both Universities and other Persons upon special occasions to attend the Parliament King Counsil with my particular Observations on them which I at first intended to have published in this Piece I shall if God send health life oportunity and incouragement by a
Archbishoprick of York wherewith I shall close up this Section and my Observations on it Claus. 9 E. 2. m. 17. Rex venerabilâ— in Christo Patri W. eadem gratia Archiepiscopo Cantuar. c. salutem Pro firmo credimus et tenemus quod ad ea quae regni nostri salva ionem et â—opulâ— Nobis commissi tranquillitatem et quietem respiâ—iunt cum Dei adjutorio feliciter promovenda mauus velitis extendere liberalitâ—r adjuvantes Quidam itaque Praelati et alii de Clero Provinciae vestre convocaâ—i quos ad interessendum Parliamento nostro apud Lincoln fâ—â—imus summoneri ibidem ex parte nostra super Subsidio nobis pro guerra nostra Scotiae faâ—â—â—nda requisiti ad urgentem necessitatem in hac parte inevitabile periculum quod tam Ecclesiae Anglicanae quam Nobis et toti poputo nostro ex Scotorum inimicorum et rebellium nostrorum qui pluries Râ—gnum nostrum hostiliter sunt ingressi depraedationes inoâ—ndia homicidia at alla dampna quamplunima intulâ—runt perpetrando obstinat a malitia potâ—rit imminere nisi â—orum nequitiae citius et potenâ—â—cus cum Dei adjutorio resistatur suae considerationis intuitum dirigentes ad Subsidium Nobis ex causa praedictâ—s faciendum quatenus voâ—is absentibus cui subsuâ— â—t in quorundam aliorum tam Praelatorum quam Religiosorum et caeterorum de Clero dictae Provinciae absentia potuerunt unanimiter consenserunt Ita tamen quod tam ipsi quam alii de Clero vestrae Provinciae qui in dicto Parliamento praâ—entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo Subsidio Nobis ut praemittitur faciendo in loco debito convocentur Vestram igâ—â—ur Paternitatem reverendam de qua fiduciam gerimus plâ—niâ—rem requirimus et rogamus quatinus omnes Pralatos tam Religiosos quam alios caterosque de Clero Provinciae vestrae supradictae quod sint coram Vobis apud Londâ—n die Mâ—rcurii prox post Quindenam Pasch. prox futur ad ultimum ad tractand in vestra praesentia et una vobiscum consentiend super Subsidio memorato convocari faciatis 〈…〉 Subsidio nomine nostro audiendam it nobis post moduÌ„ reportandam Teste Rege apud Lincoln 17 die Febr. Eodem modo mandatum est Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante mutatis competenter mutandis excepto quod Clerum Eborae Provinciae venir◠〈◊〉 〈◊〉 ipso apud Eborum à diâ— Paschae in unâ—m mensem c. Teste ut supra What ever else concerns the Prelates Abbots Priors Convocation and Clâ—ry is reserved for its proper placâ— in subsequent Sections SECTION II. Of the several writs of Summons to Parliaments and Great Councils directed to the Temporal Lords as The King of Castel the Prince of Wales Dukes Marquesses Earls Viscounts Lords Barons and other Great men of the Lords House whereof there are several forms and varieties with Observations on them SOme pretended Antiquaries not well versed in our Records in their late printed Discourses of The Antiquity of the Parliaments of England p. 22. 24. 88. 89. meeting with a Transcript of ancient writs issued to Earls Barons and Great men holding lands of the King by Knight service to repair to him at a certain time and place cum equis et armis for his defence against Enemies or Rebels in times of warrs insurrection or danger have injudiciously conceived these writs to be Writs of Summons to Parliaments or confounded them promiscuously with them affirming That they find these writs recorded AMONG THE PARLIAMENT ROLLS of 14. or 15. E. 3. and therefore thought good to remember them When as there are â—o such writs extant in any Parliament Rolls in the Tower nor any Writs of Summons to Parliaments or Great Councils entred in our Parliament Rolls as they ignorantly publish but only in the Dorse of the Clause Rolls quite different and distinct from the Rolls of our Parliaments as the meanest Novice in Records can ascertain them Upon the like mistake some have conceited these ensuing writs of Claus. 45 47 H. 3. to be writs of Summons to Parliaments and Great Councils when as the writs themselves declare the contrary that they were only Summons to assist the King against Enemies and Rebells with horses and arms and all their power not to counsel advise or grant any aydes of money to him in Parliament Rex Willielmo de Bello Campo de Aumel salutem Mandamus Vobis in fide et homagio quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis ad Nos sitis London in craftino Apostolorum Simonis et Iudae absque dilatione ulteriori CUM EQUIS ET ARMIS ET CUM POSSE VESTRO tam de servitio vestro Nobis dâ—bito quam de subventione amicorum vestrorum pro quibusdam urgentibus â—â—egotiis personam nostram specialiter et Statum Coronae nostrae tangentibus Et hoc sicut de vestra fidâ—litate et dilectione confidentiam gerimus specialeâ—â—ullatenus omittatis Quia SUBVENTIONEM quâ—m Nobis et Coronae nostrae praeter servicium Nobis debitum ad praesens feceritis in consequentiam trahi nolumus nec vobis per hoc ullo tempore derogari Taliter vos habeatis in hac parte quod dicto die absque defalta ad Nos sitis ita quod vobis exinde in perpetuo teneamus ad grates Teste Rege apud Turrim London 18 die Octobris Eodem modo mandatum est Phil Basset and 107. Barons and great men holding by knights service there registred by name After which this writ ensues in the same Dorse Rex Abbati de Burgo Sancti Petri salutem Mandamus vobis in fide et dilectione quibus Nobis tenemini firmiter injungentes quod omnibus aliis praetermissis mittaris Nobis Servitium vestrum quod Nobis debetis ita quod sitis ad Nos in crastino Sancti Martini absque defalto pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus Et hoc sub debito fidelitatis qua Nobis â—enemini nullatenus omittatis Teste ut supra Eodem modo mandatum est to 36 Abbots more whose names are there listed in the Roll Then follows this entry Isti subscripti vocati sunt ad crastinum Apostolorum Simonis Iudae CUM EQUIS ET ARMIS Thomas de Chauro with 16. more there named after him Mandatnm est Vicecomiti Essex quod summoneri faciat omnes illos de Honoribus de Redleg et Castro Baynard et de Hundredo de Rochford quod veniant ad Regem ad â—undem diem cum servicio suo Regi debito The like writs issued to divers others in this and other Membranaâ—s of this Roll of 45 H. 3. to ayde the King against the Barons then in rebellion against him and reduce them to their obedience as is evident by this writ
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
of law or right either Peers Lords or Barons of the Realm for life or inheritance nor give them much lesse their issues after them a right of summons to or voice amongst those who are reall Peers and Lords by Tenure Creation or Descent in all succeeding Parliaments but only a temporary right to treat and advise with the King and other Lords in those Parliaments and Councills to which they are particularly summoned and not in any others as it did in the cases of Abbots Priors and other ecclesiastical persons thus summoned to and sitting now and then in the Lords House but holding no Lands by Barony whose general Writs of summons to and session in Parliaments and Councils made neither themselves during their lives nor their successors after them actuall Peers or Barons of the Realm as Sr Ed Cook others acknowleg and I have elsewhere proved there being the self same reason and by consequence the self same Law in both cases Else our Kings by Sir Edwards own doctrin had been and should be bound Ex debito Iustitiae to summon every one of those Knights and Laymen once summoned to and sitting in any of their Parliaments and Great Councils by vertue of their general Writs without any other creation during their natural lives and their beires males being of full age after their deaths to all succeeding Parliaments and Councils and ought not to have omitted them out of the lists of summons at their pleasures and their posterities after them in all succeeding Parliaments as we experimentally find they did without the least question claim or complaint made by them or their heirs for ought I find in Records or Histories Whereas not only the Earles and Barons in the Parliamentary Great Council at London under King Henry the 3. Ann. 1255. refused to grant any aid or act any thing therein because All the Barons were not at that time summoned to Parliament as they ought to be by the tenour of Magna Charta but even other succeeding Parliaments have done the like And in the Parliament of 2. Caroli An. 1626. the Earle of Bristoll being a Peer of this Realme and not receiving a summons to Parliament according to the Priviledge of his Peerage thereupon compiained thereof to the Lords House who referring the buisnesse to their Committee of Priviledges Vpon the Earl of Hertfords report from the Committee The Lords resolved it necessary for them to beseech his Majesty that a Writ of Summons might be sent to this Earl and also TO SUCH OTHER LORDS WHOSE WRITS ARE STOPPED except such as are made uncapable BY JUDGMENT OF PARLIAMENT or some other legal judgment Whereupon writs were issued to them It being a great intrenchment upon the Liberty Priviledges and Safety of the Peers of the Land and of dangerous consequence for the King at his pleasure to omit any of them out of the Writs of summons keep back their Writs or restrain them from the Parliament after their receit as they then resolved in his case and the Earl of Arundels likewise the same Parliament 5. From this Table we may discern the observation of learned Sir Heâ—ry Spelman in his Glossary touching the summons of the Greater English Barons to Parliaments to be in a great measure justifiable Denuo autem crebra bella simultates quas Reges veteres aliquando habuere cum his ipsis MAIORIBVS SVIS BARONIBVS alios etiam eorum interdum omitterent alios vero NON BARONES ad Parliamenta evocarent habitique sunt deinceps PERPETVO OMISSI PRO NON BARONIBVS evocati contra BARONVM Titulo salutantur Aegrè hoc ferentes Proceres Johannem adigere sub magno sigillo Angliae pacisci Vt Archiepiscopos Episcopos Abbates MAJORES BARONES REGNI sigillatim per literas sommoniri faceret Quod autem adeo neglexit Henricus 3. Vt cum ipsemet Anno Regni sui 41. ducentas quinquaginta Baronias in Anglia Numerasset vocaretque ad Parliamentum Anâ—o 49. regni sui 120. Praelatos Ecclesiae Laicos tantum Barones 29. accersivit the rest were newly slain in the Battle of Evesham or in actual rebellion which was the true cause hereof ut â—è Schedis constat ejusdem Parliamenti Neglexit utique Edovardus I. multos quos vocassâ—t Hen. 3. etiam silios plures quorum ipse partes 1 admisissit aliis interim introductis Sic antiqua illa Baronum dignitas secessit sensim in titularem arbitrariam REGIOQUE TANDEM DIPLOMATE IDâ—IRCO DISPENSATA EST to wit by his speciall Patents of creation with particular Clauses granting them and their heires Males ut eorum quilibet Sedem et Locum in Parliamentis Nostris et Hâ—redum et Successorum Nostrorum infra Regnum nostrum Angliae tenendis inter ALIOS BARONES VT BARO c. not by any generall Writs of Summons which have not the word BARO in them 6. That although some of our ancienter Kings as Henry the third to settle Peace after the battle of Lewes and Barons Wars Claus. 49. H. 3. d. 10. 11. Cedula King Edward the 1. and 2. in some of their Parliaments and King Edward the 3d. in his Great Councill cl 32. E. 3. d. 1 4. did upon extraordinary Occasions and Necessities summon not only sundry Abbots Priors and Ecclesiasticall Persons but likewise divers Laymen of Great estates Wisdome Parts and abilities who were no Peers Lords nor Barons of the Realme by Tenure Patent or Descent by the self same form of generall Writs as they summoned the Bishops Abbotis Spiritual and Temporal Lords who were reall Peers and Barons of the Realme Vobiscum c. Nobiscum cum caeteris Praelatis Magnatibus Proceribus super dictis negotiis â—ractaturi Vestrumque Consilium impensuri c. and that only once twice thrice or perchance oftener never summoning them nor their heires or successors afterwards or very rarely so it is observable 1. That they did it very seldome upon extraordinary emergent necessities not customarily or frequently 2ly That they did it not out of any affront or opposition to the antient Hereditary reall spiritual or temporal Lords Peers and Barons of the Realm to seclude overvote baffle disparage all or any of them but by their advise consents and approbation as the Writs Rolls attest 3ly That their numbers usually except in 49 H. 3. when most of the Barons were slain at Evesham or in actual armes against the King or when some extraordinary aid advise or assistance was required of them were not very great nor considerable the antient spiritual and temporal Lords and Barons being usually double treble quadruple to them and for the most part six or ten to one as you may easily discerne by comparing their names in every list of summons 4ly That there are very few Presidents under King Edward the 3. of anâ— conâ—iderable numbers of such spiritual or temporal persons called to his Parliaments but only to
all other lawfull Members both of the Lords and Commons House ought to enjoy the self same Protection Priviledge Freedome immunity and no wayes to be interrupted molested disturbed by any other Officers Subjects Persons or Members whatsoever from freely repairing to residing in or returning from our Parliaments much lesse to be forcibly secluded out of them by armed guards new oaths or popular tumults Neither may can ought the House of Commons alone nor any prevailing party in it to exclude eject any duly elected returned Member once admitted without any Legall accusation tryal cause at all nor yet for betraying of his trust or misdemeaning himself as a Member after his election nor for any real offence as a Member without and against the Kings and Lords concurrent Judgments and assents in whom alone the power of Iudicature resides in such as well as in all other causes as I have elsewhere evidenced by unanswerable Presidents and the rules of right reason he being summoned only by the Kings Writ and authority impowred trusted by his electors only as their peculiar Trustee Atturney not his fellow Knights Citizens Burgesses to do and assent to such things as shall be ordained by the King Nobles and Common Counsell of the Realme touching the weighty publike affairs of the King and Kingdoms and obliged antiently by Manucaptors and since by their Indentures of retorn and our Laws not to depart from the Parliament without the Kings special license under pein of his indignation and other penalties Therefore no more to be suspended secluded ejected imprisoned by his fellow-Commoners without the Kings and Lords concurrent Judgements and Assents than one Judge or Justice on the Bench can unjustice unjudge uncommission another one Trustee Executor or Attorny discharge his fellow Trustees Executors Attornies of their trusts one Grand-Jury man thrust another out of the panell without the Judges consent or one Common Counsel man of a City or Livery man of a Company disfranchise and discommon another without the consent or judgement of the Mayor and Aldermen of the City or Master and Wardens of the Company whereof they are Members Whatever exorbitant irregular practices have of late times been usurped by or presidents made in the Commons House to the contrarie almost to the total if not final subversion of all future Parliaments and their privileges It being a Maxim in Law and Reason Par in parem nonhabet Imperium multo minus Superioritatem especially in the Kings own Parliament and Supreme Court of Justice wherein himself and his Nobles only sit as supreme Iudges not the Commons as a distinct Court and independent Judicature of themselves as some would fancy them in their Utopian brains and practises much less can they â—eâ—â—ude vote down any Members of the House of Peers or the whole antient House of Lords or dishinherit them of their Birthrights as some furious Bedlam Members of a dismembred dissolved House of Commons have most insolently and injuriously without hearing trial against their own Acts Declarations Protestations Vowes Covenants Commissions Trusts attempted to intrude themselves into their places and Tribunals and make themselves more than Lords and Caesars not only over their Fellow-Commoners but our Kings Peers Parliaments and Kingdomes which they have trampled under their Papall feet and metamorphosed at their pleasures into sundry mishapen mutable unsetled new models to our apparent approaching ruine if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations 20. That if the forcible seclusion or disturbance of any Lord or Member of the Lords House duly summoned who ought of right to sit vote in the Lords House be so great a breach of Priviledge Injury as I have evidenced then the forcible suppression seclusion of all the ancient Peers and House of Lords by any real or pretended Members of the late House of Commons contrary to the expresse Clauses Formes of all ancient Writs and the very writs in 16. Caroli without any legal jurisdiction hearing triall must needs be a greater breach of trust Priviledge Injustice in them fit to be redressed for the future peace Justice settlement of our distracted Nations and restoring our Parliaments to their pristine Splendour Honour ends uses for the redressing of all publick Grievances If any Republicans Army Officers New Grandees or others here object as some now do That it will be both perillous and inconvenient to the Subjects the House of Commons and its Members to restore the ancient Lords and House of Peers to their pristine Rights Priviledges Jurisdiction Judicature over them in that latitude I have asserted evidenced it by Histories and Records in my Plea for them without prescribing some new just bounds and regulations unto them by the Commons House I answer 1. That the Lords being the only original ancient Members of our Great Councils Parliaments many hundreds of years before any Knights Citizens Burgesses or House of Commons were called admitted to them by the King and House of Lords and receiving no power Judicature or Jurisdiction at all from the Commons but what they have of right enjoyed exercised in all precedent ages without the least complaint opposition or contradiction of the Commons in any former Parliaments before 17. Caroli The Commons have no more authority right reason â—urisdiction to limit or restrain this their ancient right Judicature Priviledge much lesse to abrogate then the Grand or Petty Jury have to limit regulate the Judges or Justices Commissions Authority on the Bench or the Tenants the Jurisdiction of their Lords Courts or every Committee of the Commons House the Excesses of the House it self or the Unparliamentary Iuncto which voted them down and engaged against them without the least colour of Jurisdiction Law reason hearing impeachment triall had to usurp such a transcendent power over them not to be paralelld in any age nor now approved by assenting to it 2ly That the old Lords and House of Peers in no cases ever exercised such an exorbitant arbitrary tyrannicall Jurisdiction Illegall power in all kinds as the Commons House and every of their Committees and Sub-Committees of Examinations Sequestrations Compositions Sale of Delinquents estates Crown Lands Obstructions Appeales Scandalous Ministers and High Courts of Iustice have done without the least Report to the House it self of their proceedings both over the King and his Posteritie the Peers of the Realme their fellow Members secluded secured imprisoned close imprisoned ejected exiled by them without any cause or hearing at all and their fellow Commoners of all sorts deprived of their Inheritances Estates Offices Liberties Callings Lives and the benefit of the Lawes themselves for not taking their new Oathes and Engagements contrary to Law and their former legall Oathes Leagues and Solemn Covenant and Protestation wâ—â—hout a legal Indictment or trial by a Jurie of their equalls or witnesses viva voce upon Oath since their slighting suppressing of the old
only Basis whereon Parliaments are founded by which they are supported directed as well as convened and by my usefull Observations on them more compleatly to supply the 5. deâ—ect than any of the former so farr as my present leisure and ability will extend without supplies from others wherein I have with no little pains and diligence given you a most exact and faithfull Account of all the Writs of Summons to Parliaments Great Councils and most Convocations in England extant in the Clause Rolls and Records of the Tower from the 5. year of King Iohn till the 23. of Edward the 4th that I have hitherto met with upon my best search after them digested into several Sections in a Chronological method with usefull Observations on them Wherein you have a compendious yet full and satisfactory Account of all the several Forms and Varieties of writs of Summons during all this tract of time issued to Archbishops Bishops Abbots Priors Masters of Religious Orders and all Spiritual Lords to the Prince of Wales Forein Kings Dukes Earls Marquesses Vicounts Barons Temporal Lords and Great men to the Kings Counsil Judges and other Assistants to the House of Lords the Sheriffs of Counties and particular Corporations made Counties for electing Knights Citizens and Burgesses to serve in Parliament and to the Constable of Dover Castle Warden of the Cinque-ports and Ports themselves for electing Barons of those Ports with the particular Rolls membranaes dorses wherein every of these summons are recorded Together with a general Account in gross summâ— how many Bishops Abbots Priors Earls Barons Great men and Assistants of the Kings Counsil were summoned to every of these Parliaments and Great Councils 4 most usefull acurate short Alphabetical Chronological â—ables inserted into my Observations on the 3. first Sections of these Different writs 1. Of the Names of all the Abbots Priors Masters of Religious Orders and other Clergymen except Bishops summoned to any Parliament or Great Council from 49 H. 3. till 23 E. 4. with the years rolls dorses in each Kings reign wherein you shall find them summoned and how oft any of them were summoned and consequently when omitted out of the lists of summons 2ly Of the Names of all the Dukes Earls Marquesses and Princes of Wales 3ly Of all the Temporal Viscounts Lords Barons Peers and Great men 4ly Of all the Kings Counsil Judges Justices and other Great Officers summoned as Assistants to the Lords in every Parliament and Great Council held in England from 49 H. 3. to 23 E. 4. with the particular Roll year dorse in every Kings reign wherein you may find their names and summons entred and when and how oft any of them or their posterity were thus summoned Which Tables as they were very painfull and troublesom to me exactly to collect being inforced to transcribe most of them three times over before I could digest them into that form as here you find them consisting of very many figures which I examined near five times over to prevent mistakes in any of them so being thus compleated will be the most usefull and delightfull Kalender to all Antiquaries Heraulds Lawâ—ers Noblemen Gentlemen and others delighting in Antiquities or Pedegrees ever yet communicated to the English Nation rectifying all those mistakes in names supplying those manifold defects in my Table of this nature to the Exact Abridgement of the Records in the Tower If any Noblemen Lawyers Gentlemen or others would find out and know in a moment when or how often or in what Roll and dorse any of their Ancestors Family Name were summoned to any Parliament or Great Council or when or how often any Abbot or Prior whose lands they or their Clients now enjoy were summoned to Parliaments or of what Order they were these Tables compared with the printed Lists before them will presently resolve them better than all the Tables and Kalendars to the Records in the Tower which are very defective and if they have cause to make use of the Records upon any occasion these Tables will punctually direct them both to the Number Roll and Dorse too wherein they are recorded without further search So as I may conclude them to be greatly beneficial as well to the Keepers of those Records as to all those who shall have future occasion to make use of them in any kind For the extraordinary writs of summons and others here published at large I dare averr that most of the Nobility Gentry Lawyers and Parliament men of the English Nation never so much as once saw or heard of most of them before this publication and those few Antiquaries Lawyers Gentlemen who have gottenauy transcripts and Collections of the writs of summons in the Tower shall meet with many memorable rare writs in this Abridgement which are totally omitted out of their Folio Volumes collected to their hands by others which I have here supplied by my own industry and likewise digested into method all those large Collâ—ctions of writs which I have yet seen being both defective confused fraught with a tedious repetition of those names of Abbots Priors Dukes Earls Lords Barons which I have contracted into four short Tables in an orderly method So as I may justly stile this Register Kalendar and Survey a rich Cabinet and Compendious Treasury of the chiefest and most precious Parliamentary Iewels Rarities Records ever yet presented to the world in print As for my Observations on and Collections from these writs I dare affirm without vain-glory they are for the most part such as were never yet known nor communicated to the world and will be of excellent use not only for the searching but understanding of Records and of the true constitution proceedings Privileges Affairs Ends of the Great Councils and Parliaments of England and duties of their respective Members wherein I have discovered refuted many oversights and mistakes in Sir Edward Cook and other pretended Antiquaries who have written of our English Parliaments and given clearer evidences of the original beginning use of the name Parliament in England of the Authority Power use of the Kings Counsil Iudges in Parliaments of the Kings general writs of Summons to Temporal as well as Spiritual persons who held not by Barony not making themselves nor their Successors nor posterities Lords or Barons and of sundry other materiall particulars relating to the Freedom Fulness Summons Affairs Proceedings of our Parliaments than any hitherto have done out of an unfeigned desire of communicating more knowledg to the present succeeding Generations touching our Parliaments and their affairs than former times have been publikely acquainted with that thereby I might restore our Parliaments to their primitive institution use splendor freedom Honor that so theâ— may be made medicinal Restoratives Blessing not Grievances or Diseases to our 〈◊〉 Church and State or Physicians of no value We read of a woman in the Gospel which had aâ— issue of bloud for 12 years and had suffâ—ed many thiâ—gs
grateful acceptance of these First-fruits with all convenient speed communicate to the World in A Second Part. After which I shall in two or more distinct Volumes present unto publick view several other kinds of Writs relating to the Parliaments Great Councils Convocations and Clergy of England to all sorts of proceedings in them Criminal or Civil the assessing levying of the expences of Knights Citizens and Burgesses of Parliament of Dismes Quidismes Aids Subsidies Customs Imposts granted by them with the disposing releasing of them the defence of the Realm by Land or Sea in times of danger the proclaming observing of the Great Charters Laws and Liberties of England and of Acts and Ordinances of Parliament newly enacted with sundry other Rarities which all former Writers of our English Parliaments have either totally omitted or but briefly touched and that very slightly though of excellent use and most necessary to be insisted on for the information of their Readers and benefit of Posterity Not to detain you with any longer Preface I shall now leave you to the perusal of this First Part distinct from those Parts I intend shall follow it if embraced with that respect affection and desire as it may justly expect and hope for from the Nobility Gentry Lawyers Antiquaries and Heralds of the English nation But if slighted vilified neglected like old Almanacks or fashions grown quite out of use and request though meer Novelties in their discovery communication to the world hitherto unacquainted with them I shall then resolve to cast no more such precious ancient Pearls and Rarities beâ—ore swine who wil neglect trample them under their feet but reserve them for my own private Cabinet use ornament benefit delight and such learned Friends to whom I shal hereafter bequeath them who will estimate them according to their true intrinsecal worth and prefer them before the most orient Pearls and Diamonds which are only for shew when as these are of greatest publick use and will be so esteemed in future generations how much soever slighted by the Athenians of this age who like the old ones Acts 17. 20 21. spend their tiâ—e in nothing else but to tell or hear some new thing preferring new Gloworms Ignes fatui and Prodigious Comets shining onely in the night before the Sun Moon and fixed Planets which ten thousand times outshine transcend them both in splendor magnitude use excellency and publick benefit It is Cicero his observation of old Solis exortus cursus occasus nemo admiratur propterea quod quotidie â—iunt at â—cclypses solis mirantur quia raro accidunt Nulla nisi rara aut admirabili re commovetur animus Which Seneca thus seconds Ita coÌ„positi sumus ut nos quotidiana etiam si admiratione digna sunt transeant contra minimarum quoque rerum si insolitae prodierunt spectaculum dulce fiat Hic quoque caetus astrorum quibus immensi corporis pulchritudo distringuitur populum non convocat sed cum aliquid ex more mutatum est omnium vultus in coelo est Nemo observat lunam nisi laborantem Tunc urbes clamant tunc pro se superstitione vana trepidant Quanta illa majora sunt quod Sol totidem gradus quotidie habet annum suo circuitu claudit quod à solstitio diem inclinat noctibus spacium dat quod sydera abscondit quod terras cum tanto major sit illis non urit sed calorem suum intentionibus remissionibus temperando fovet quod lunam nunquam implet nisi adversam sibi nec obscurat haec tamen non annotamus quamdiu ordo servatur Si quid turbatum est aut praeter consuetudinem emicuit spectamus interrogamus ostendimus Idem in comae is fit c. Adeo naturale est nova magis quaÌ„ magna mirari w ch is in truth both the sin folly of our present fantastick childish age affecting studying delighting admiring nothing but Novelties as well in Theology all kinds of Arts Sciences publick Government and Parliaments themselves as â—â—ell as Fashions or Apparel though never so prodigious Heterodox ridiculous or destructive But however vertiginous Scepticks and fantastick Gallants having more hair than brains are wholly enamored infatuated with New-Nothings yet all judicious Christians Lawyers Statesmen with holy and prudent King David a man after Gods own heart will consider the dayes of old the years of ancient times And according to Gods own precept stand in the wayes and see and ask for the old paths where is the good way and walk therein that they may find ease for their souls Concluding with holy Iob with the ancient is wisdom and understanding And with our Saviours own resolution wherwith I shall close up this Epistle No man having drunk old wine straitway desireth new for he saith THE OLD IS BETTER Which is the experimental resolution of Your unfeined Friend and Servant as well in relation to private as publick good WILL. PRYNNE From my Study in Lincolns Inne Ian. 26. 1658 1659. A Brief Register Kalendar and Survey of the severall kinds of all Parliamentary Writs with usefull Observations on them THat all Great Councils of State Parliaments Synods Convocations held in England under the British Saxon Danish Norman English Kings successively reigning therein were summoned by their Royal Writs precepts and held by their Authority alone is a Truth irrefragable which I have elswhere abundantly evidenced by Histories and Records though all the Writs whereby they were summoned till the reign of King Iohn be no where extant being consumed by the all-devouring jawes of time The Writs of Summons to Parliaments and Great Councils of State being the Corner-stones whereon they are founded and best discovering the causes ends for which they were summoned instead of that Folio Register of them at large which I once intended to have published I shall present you only with a Brief Register and Kalendar of some of the antientest and rarest of them full of excellent variety and delight and such Observations on and from them as may best instruct the Readers rectify the mistakes of some pretended Antiquartes who have written of our English Parliaments writs of summons to them and supply their defects especially concerning the several forms and various kinds of Parliamentary writs which they have rather touched than handled being all very maimed and incompleat in this particular To avoid Confusion I shall Marshall these Writs into several Squadrons according to the quality of the persons to whom they were directed and that in a Chronological Series digesting them into distinct Sections beginning with those issued out to our Archbishops Bishops Abbots Priors and Spiritual Lords or Barons of the Realm SECTION I. Concerning Writs of Summons to Parliaments Great Councils Convocations issued out to Archbishops Bishops Abbots Priors and other Ecclestastical Barons of the Realm who were Peers and Members of our Parliaments THe first writ of Summons to
to the Archbishops of Canterbury York or any other Bishop in the Clause Rolls be they writs either of Summons to a Parliament Council or Convocation or of Adjournment or Prorogation are usually entred at large which I have abbreviated with an c. where the form and clauses are the same with those I transcribe at large And the writs which follow the first issued to the rest of the Bishops are but briefly entred for the most part with an Eodem modo mandatum est subscriptis or Consimiles Literae or Consimilia Brâ—via diriguntur subscriptis viz. c. unless it be where there are different Clauses in some of the writs varying from those to the first Bishops which Clauses recited at large I have here printed when they occurre in the Rolls 13. That the writs of Summons to Parliaments directed to the Archbishops and Bishops are of various forms differing very often one from the other not only in their recitals of the particular causes of summoning them but in sundry special and unusual clauses as I have touched in the recital of them and shall more largely insist on in my General Obsâ—rvations in the close of this Part of my Register That the writs of Summons to Councils and Convocations issued to the Archbishops and Bishops are usually different one from another not only in form and specialâ— Clauses but likewise from the writs of Summons to Parliaments unless where the word Concilium is used for a Parliament There being no Praemuniâ—ntes c. in any writs of Summons to Councils of State but only to Parliaments and that not alwayes but aâ— the Kings pleasure and no general Summons of all the Archbishops Bishops Abbots and Priors holding by Barony to all Councils of State but only of such and so many of them as the King and his Counsil thought meet when as they were usually all summoned to Parliaments 14. That the writs of Summons to Convocations of the Clergy were directed only to the two Archbishops or their Vicars Generals to summon all the Bishops Abbots Priors and Clergy of their respective Provinces to them not alwayes on a certain day or place as in writs for Parliaments and Great Councils but at such time or place as they deemed most convenient without any particular writs at all issued to any other Bishops Abbots Priors or Clergy men as in Summons to Parliaments and Great Councils where though they had all particular writs of Summons yet the King oft times issued special writs to the two Archbishops to summon all the Bishops Abbots Priors and Clergy within the several Diocesses of their Provinces to appear at the Parliaments Councils and Convocations to prevent all negligence defects or faylers in their Summonâ— and excuses for not appearing whereby the affairs of the King and kigdom might be prejudiced 15. That â—he number of Abbots and Priors summoned to our Parliaments was somtimes more somtimes less as I have briefly touched relating their number in the grosse for brevity sake where I find them particularly mentioned in the Rolls The names of those Abbots and Priorr who were ordinarily or extraordinarily summoned to Parliaments and Parliamentary Councils with the reasons of this incertainty in their numbers by subsequent exemptions because they held no Lands by Barony or Knights service from the King but only in Frankalmoigne or by act of special grace or through vacancy by death or otherwise those who please may read at large in Mr. Seldens Titles of Honor Book 2. ch 5. Sect. 22 23 25. p. 732. to 735. and more particularly in the ensuing Alphabetical Table of their names and Summons I shall here only present the Readers with 3. Kalendars of their names out of the Clause Rolls as I finde them there recorded The 1. List is that in the Clause Roll of 49 H. 3. m. 11 dorso in Cedula where the writ at large being directed to R. c. Episcopo Dunolm c. as it is here transcribed p. 5 6. immediately after the writ this Catalogue of the Bishops Abbots Priors and Deans names summoned to it follows in this form Eodem modo mandatum est Episcopo Karliol Abbati Sanctae Mariae Eborum Priori Dunolm Priori Sanctae Trinitatis Eborum Abbati de Seleby Abbati de Furness Abbati de Fontibus Abbati de Royvall Abbati de Melsa Archiepiscopo Eborum Priori de Parco Abbati de Rupâ— Abbati de Bella Lauda Priori de Bridlington Priori S. Oswaldi Abbati de Rufford Priori de Blida Priori de Thurgarton Priori Karliol Abbati de Wyteby Priori de Giseborne Decano Eborum Eodem modo mandatum est subscriptis Episcopo London Episcopo Wynton Episcopo Exon. Episcopo Wygorn Episcopo Lincoln Decano Exon. Decano de Well Episcopo Elien Episcopo Sarum Episcopo Coventr et Litchf Episcopo Cicâ—str Electâ— Bath et Wellen. Decano Sâ—rum Decano Lincoln In forma praedict a scribitur Abbatibus Prioribus subscriptis sub hac data Teste Rege apud Wodest XXIIII die Decembr Abbati Sancti Edmundi Abbati de Wautham Abbati de Sancto Albano Abbati de Glaston Abbati de Rading Abbati de Cirencestr Priori de Merton Abbati de Oseney Priori Sanctae Fresewid Oxon. Abbati de Missenden Abbati de Waverle Priori Elien Priori Norwicen Abbati Cestr. Abbati Salop. Abbati de Hulmo Abbati de Bardene Priori de Lenton Abbati de Bello Priori Ordinis de Sempliâ—gham Priori de Watton Electo de Evesham Abbati Westm. Priori Hospitalis Sancti Iohannis Ierusalem in Anglia Magistro Militis Templi in Anglia Abbati de Ramesey Abbati de Burgo Abbati de Thorn Abbati de Crouland Abbati Colecestr Priori de Dunstaple Abbati de Bello loco Abbati de Parco Lude Abbati de Stanlegh Abbati de Lilleshull Abbati de Buttlesden Priori de Betuveâ—r Priori de Lews Abbati de Clervaus Priori de Stodley Abbati S. Augustin Cantuar Abbati de Cercesey Priori Sanctae Trinitatis Cantuar. Abbati de Hida Winton Abbati de Middleton Abbati de Cerne Abbati de Abbotisbury Abbati de Tavistocks Priori de Huntingdon Abbati de Sulebey Abbati S. Augustini Bristol Abbati de Malmesbery Abbati de Milchene Abbati de Abingdon Abbati S. Petri Gloucestr Abbati de Persour Abbati de Winchecombe Priori de Coventr Abbati de O elveston Abbati de Teukesbury Priori de Swinesheued Priori de S. Neoto Abbati de Wardon Abbati Sancti Iacobi Northampt Abbati de Leicestr Abbati de Kirkested Priori de Eton. Priori de Cruceroys Abbati de Kirkestall Abbati de Tame Abbati de Bermundesy Priori de Barnewell Abbati de Meryvall Priori Sancti Swithin Winton Abbati de Lesenes Priori de Ledes Priori de Lauda Priori de Spalding Priori Sancti Barthol London Priori de Kenelworth Priori de Nuttell Abbati de Vâ—lle Dei. Abbati de Croxton Here you see 36 Priors inâ—ermixed promiscuously with 65 Abbots one of them only Abbot Elect but not installed the Bishops
tenentur pacem manu tenere non bellum Et quod BARONIAE EORUM ab eleemosynis puris stabiliuntur unde servitium militare non debent nisi certum nec novum incipient Sextus Item petitum est ut Clerus communiter aâ—quietaret novem millia marcarum quas Episcopus Roffensis Laurentius Episcopus Bathoniensis Willielmus Abbas Westmonasterii Richardus mutuo receperunt à mercatoribus domini Papae in curia Romana quando fuerunt ibidem pro Regiis negotiis exâ—ediendis Responsio Ad hoc respondebatur quod nunquam consentiebant mutuationi tanti debiti nec unquam inde sciebâ—nt unde in nullo tenentur illud adquietare Septimus Item petitum est ex parte Papae ut fiâ—ret praedicatio in omni festinatione de cruce per totum regnum ad expugnandâ—m populum quem curia providere vel ad crucem perpetâ—am redimendum Responsio Ad hoc respondebatur quod populus tâ—rrae per bellum in magna parte perimitur si modo cruce signarentur pauci vel nulli ad defensionem patriae remanerent Unde manifestum est quod Legatus vellet naturalem terrae progeniem exulare ut alienigenae liberius conquirere possint terram Octavus Item dicebatur quod Praelati tenebantur ad omnes petitiones vellent nollent propter juramentum de Coventre ubi juraverunt quod domino Regi auxiliarentur modis omnibus quibus possent Responsio Ad hoc responderunt quod quando juramentum fecerunt non intelligebant de alio auxilio quam Spirituali consilioque salubri By which demands and answers not unsutable nor unseasonable for the consideration of our present times it is apparent that the Clergy ought not to be taxed by the Laity for their Ecclesiasticall Baronies and Temporal Lands in Parliament but only by themselves much less then for their Spiritualties and Benefices and that their BARONIES held of the King obliged them to sit and serve in Parliaments yet did not bind them to serve the King in person in his wars nor to foment any wars between him and his Subjects but rather to advise him to maintain peace not wars By Matthew Westminsters relation That the Archbishop of Canterbury who the year before had all his Temporalties and goods seised into the Kings hands for refusing to grant a Subsidy to the King for fear of Pope Boniface the 8. his Constitution to the contrary together with the rest of the Clergy being put out of the Kings protection upon this occasion was this year restored to the Kings grace and favor atque REDDITA SIBI BARONIA SUA And by this Protestation of the Bishops Abbots Priors and Clergy in the Parliament of 11 Rich. the 2. Rotul Parliamenti parte 1. nu 2. Artic. 34. De Iure et consuetudine Regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fueriâ— nâ—â—non caeteros Suffraganeos Comfraires Compatres ABBATES ET PRIORES ALIOSQVE PRAELATOS QVOSCUNQVE PER BARONIAM DE DOMINO REGE TENENTES PERTINET IN PARLIAMENTIS REGIIS QUIBUS CUNQUE UT PARES REGNI PRAEDICTI PERSONALITER INTERESSâ— ibidemque de Regni Negotiis ac aliis tractari 〈…〉 cum caeteris decti Regni Paribus et aliis I 〈…〉 INTERESSENDI 〈…〉 consulere et tractare ordinare statuere et diffinire ac caetera facere quae Parliamenti tempore ibideâ—â— invenient facienda Of which those who please may finde many other Testimonies in my Plea for the Lords p. 151. to 158. 221. to 290. and in Mr Seldens Titles of Honor Part. 2. Chapter 5. Section 17. to 26. 27 It is observable that when any Archbishop died after the writ of Summons to Parliament issued to him with a Praemunientes c. and before the return and execution thereof the King thereupon issued a new Writ of Summons to the Guardian of the Spiritualties of the Archbishoprick with a Praemunientes to summon the Dean Chapter Archdeacon and Clergy of the Province with a particular writ to the Dean and Chapter of his Church to appear at the said Parliament as is evident by these two memorable writs in Claus. 9 E. 2. m. 20. dorso Rex Custodi Spiritualitatis Archiepiscopatus Eborum sede vacante salutem Quia nupâ—r tempore quo Parliamentum nostrum usque Lincoln in Quindena Sâ—â—ncti Hillarii prox futur summoneri mandavimus bonae memoriae W. pro tunc Archie piscopo loci praedicti jam de â—uncto quod in propria persona sua dicto Parliamento nostro interesser ac quod praemuniri faciet Decanum et Capitulum Ecclesiae suae beâ—ti Petri Ebor. totumque Clerum suae Dioc quod dicti Decanus et Archidiaconi in propriis persâ—nis suis dictumque Capitulum per unnm et dictus Clerus per duos Procuratores idoneos dicto Parliamento similiter interestent ad tractandum ibidem Noblâ—cum super negotiis Nos et Statum Regni nostri â—â—ngâ—â—tibus pro quibus dictum Parliamentum mandavimus Convocari Nos nolentes per mortem praefati Archiepiscopi dicta mandata nostra differri set ea potius per vos executioni debito demandari Vobis mandamus quod Vos in propria persona vestra dictis die et loco intersitis Praemunientes praedictos Decanum et Capitulum Archidiaconos totumque Clerum praedictum quod iidem Decanus et Archididiaconi in propriis personis suis dictumque Capitulum per unum ac dictus Clerus per duos Procuratores dicto Parliamento nostro in Quindena praedicta intersint Ad tractandum ibidem Nobiscum super Negotiis praedictis in forma supradicta et ad consentiendum hiis quae â—unc ibidem de Communi Consilio contigerit ordinari Et hoc nullatenus omittatis T. Rege apud Clipston 17 die Januarii Per ipsum Regem Rex dilectis sibi in Christo Decano et Capitulo Ecclesiae beati Petri Ebor salutem Quia nuper c. ut supra Et quod praemuniri faciet vos Archidiaconos totumque Clerum suae Diocaes quod praefati Decanus et Archidiaconi in propriis personis vestris dictumque Capitulum per â—â—um et praedictus Clerus per duos Procuratores dicto Parliamento nostro similiter interessetis ad tractandum ibidem c. Nos nolentes c. Vobis mandamus quod vos praefatus Decanus in propria persona vestra dicto Parliamento in Quindena praedicta intersitis Et vos dictum Capitulum per unum Procuratorem sufficientem sitis similiter ad trâ—ctandum ibidem c. Teste ut supra Per ipsum Regem 28 That no private Prelates and Clergy men could grant a Subsidy to binde the rest of the Clergy for the necessary defence of the Church King kingdom against invading Enemies without the general Consent of the Archbishops and all the Clergy summoned in Convocation within their respective Provinces as is most apparent by this memorable writ to the Archbishop of Canterbury and the like to the Gardian of the Spiritualties of the
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
is evident not only by the memorâ—ble prâ—sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot Parl. n. 19. 14 E. 4. rot Parâ— n. 25. in Controversies of this Nature there recorded but by these two presidents of laâ—er times remembred by Mr. Cambdeâ— In the Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware peâ—iâ—ioned the Queen to be restored to his anciâ—nt place and â—eat in Parliamenâ— whose case was this His father William by judgement of Parliâ—ment in the reign of Edward the 6. for endeavouring to poyson his Unkle the Lord de la Ware to gain his inheritance and honour was disabled to enjoy any inheritance or honour that might descend to him by his Unkles death Afterwards in Queen Maries reign he was condemned of High Treason and not long after intirely restored as if he had not been condemned Being disabled by his first Sentence to inherit his Unkles honor upon his death he was by Queen Elizabâ—ths special Favour and Letters Patents created Baron de la Ware de novo and sat only as a younger Baron then newly created during his life After his death his son petitioning to enjoy the place of his Ancestors in Parliament the Queen referred the business to the Lords in Parliament who finding the judgement against William his Father to be only personal and not to bind his children and that the judgement given against him under Queen Mary was no obstacle both because he could not lose that Dignity and Honor by it which then he had not his Unkle being then alive and because he was soon after intirely restored and for that the anâ—ient Dignity and Barony was not extinct by his new Creation but only suspended during his life being not vested in him at the time of his late Creation the Lords thereupon locum â—i avitum ADJUDICAVERUNT inter Barones Willoughbeium de Eresby Berkleium in quo ritè locatur In the same Parliament it was resolved by the Lords in the case of Thomas Howard Baron of Walden Knight of the Gâ—rter who being sick and unable to come to the House himself Baron Scroop as his Proxy was brought into the Lords House in his Parliamentary Robes between two Barons the chief King of Arms going before him where presenting his Patent and Creation when the Lord Keeper of the Great Seal had read it he was placed below all the rest of the Barons though he were the younger son of a Duke whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts and other Barons which the Lords then resolved to be intended out of Pâ—rliament but they ought to sit in the Parliament house only according to the time of their being created Barons as Mr. Cambden relates out of the Lords Iâ—urnal 36. That the Prelates Earls Barons and Great men of the Realm are the Proper Iudges of all Causes and Controversies there debaâ—ed between the King and his people and are all bound by Oath as well as the King to observe defend and maintain the rights of the Realm and Crown of England and that more especially by their Oath of Fealty and Homage whereby they were tied to the King and charged to appear when summoned in the writs of summons as you may read more at large before in Spelmans Glossarium Tit. Fidelitas Homagium ligeantia and in Mat. Paris who records Aâ— 1209. that K. Iohn caepit HOMAGIA de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac demâ—sit Et Wallenses quod anteactis temporibus fuâ—raâ— inauditum venientes ad Regem HOMAGIA fecerunt ibidem licet tam divitibus quam pauperibus esset oâ—erosum Then passing into Ireland with a great Army there came to Dublin to meet him plus quà m viginti Reguli illius regionis qui omnes timore maximo perterâ— iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT as the highest Obligation of their future Loyalty fidelity and subjection to him Upon which Account Homage is frequently stiled HOMAGIUM LIGEUM LIGEANTIA LIGANâ—IA by Bracton l. 2. c. 35. f. 79. Glanvil l. 7. c. 10. Guliclmus Neubrigensis Hist. l. 2. c. 37. Chron. Iohannis Bromton col 1005. Fleta l. 3. c. 16. Britton ch 68. De Homages Custumar Vetus Normanniae c. 43. Cooks 7 Rep. Calvins case f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices ch 35 36 37 38. Spelmans Glossarium Homagium Ligeantia because iâ— most strictly unites and binds the King and his Subjects together hunc ad protectionâ—m justum Regimen illos ad reverentiam tributa et dâ—bitam Subjectionem â—t obedâ—â—ntiam as they resolve whereupon the Lords are enjoyned in their writs of summons personâ—lly to appear in Parliaments and Great Councils in fide homagio QUIBUS NOBIS TENEMINI as I formerly observed 37. That the nâ—mbers of Earls Barons Temporal Lords and Great men summoâ—ed to our Parliaments and Great Councils andentred after the Eodem modo and Consimiles literae in the Rolls and Liâ—ts of Summons are oft times very various and different there being many more of them summoned to some Parliaments and Great Councilâ— than to others as you may easily discern by comparing their Numbers which I have here presented you with in the grosse after every writ the Prince of Wales himself the Duke of Lancaster and other Dukes and Earls as well as inferior Lords Barons and Great men being left out of some Lists of Summons one two or three Parliaments and Great Councils together or more and then inserted again into others the true reasons whereof I apprehend to be these ensuing 1. Their absence in forein parts or elsâ—where in the warrs or â—pon other special services of the King in which cases no wrâ—ts of Summons issued to them and if their names were entred in the Lists of the summons they were usually cancelled or rased out of them witness the forecited entrys in the Lists oâ— Claus. 11 E. 3. pars 2. dors 11. And Claus. 12 E. 3. pars 3. dors 32. 2ly Their abode beyond the Seas upon their own particular occasions Both which causes frequently happened during the wars with France Scotland and Ireland and whiles our Kings and Nobles had any Lands and Possessions in France Aquitain Normandy Anjow Picardy and other parts beyond the Seas Many of the Earls Lords Barons Great men and our Kings themselves being oft times by reason of Warrs Treaties Embassies and defence of their Inheritances absent in forein parts when Parliaments were summoned and held in England by the Custos Regni or Commissioners at which times I generally finde there were fewer Earls Barons and Noblemen summoned to our Parliaments and Great Councils than in times of Peace or when our Kings were personally present in
d. 25. 18 p. 1. d. 14. 20 p. 2. d. 22. 21 p. 2. d. 9. 22 p. 1. d. 32. p. 2. d. 7. E. 3. William la Zousche de Castro Rici 19 d. 27. E. 2. 1 p. 2. d. 11. 16 2 d. 31 E 3. William la Zousche de Mortuomari Mortymer 2 d. 15. 23 3 d. 19 4 d. 13. 28. 32. 41 5 d. 7. 25. p. 2. d. 7 6 d. 4. 9. 19. 36 7 p. 2. d. 3 8 d. 18 9 d. 8 10 d. 1. 5. E. 3. William la Zouche de Asheby 9 d. 28. E. 3. William la Zousche de Haringworth Iunior 23 p. 1. d. 23 24 p. 2. d. 3 25 p. 1. d. 5 26 d. 14. 27 d. 12 28 d. 26 29 d. 7 8 31 d. 2. 21 32 d. 14 34. d. 4 35 d. 30 36 d. 42 37 d. 22 38 d. 3 39. d. 2 42 d. 22 43 d. 24 44 d. 1 46 d. 9 47 d. 13 49 d. 4. 6 50 p. 2. d. 6. E. 3. 1 d. 37 2 d. 13. 29 3 d. 32 4 d. 32 5 d. 40 6 d. 37 7 d 10. 37 8 d. 35 9 d. 45. 10 d. 42 11 d. 13. 37 12 d. 42 13 d. 5 14 d. 42 15 d. 37 16 d. 23 17 d. 30 18 d. 23 20 p. 1. d. 15 R. 2. William la Zouche de Haringworth 2 p. 1. d. 3 3 d. 17 5 p. 1. d. 18. p. 2. d. 4. 7 d. 30 8 d. 2 11 d. 32 12 d. 2 14 d. 22 H. 4. 1 d. 9. 37 2 d. 16 H. 5. William la Zouche de Haringworth 4 d. 15 5 d. 4 Chivaler 7 d. 2 9 d. 18 10 d. 10 13 d. 2 15 d. 18 18 d. 33 20 d. 27 25 d. 24 27 d. 24 28 d. 26 29 d. 41 31 d. 36 33 d. 36 38 d. 30. H. 6. 1 d. 35. 2 d. 3 6 d. 1. E. 4. As these last Alphabeticall Chronologicall Tables will be very usefull to all Heraulds and the ancient Nobility of the Realme and adde much luster to Mr. Brookes his Catalogue of Nobilitie Mr. Vincent his Discovery of the Errours therein Iames York his Union of Honours William Martyn his succession of the Nobility of England at the end of his History and other Writers of our Nobility who were originally hereditary for the major part so by the serious perusal of the later of them you may clearly discern beyond all contradiction 1. That there are at least 98. Laymen in the later Catalogue summoned only once and no more hui once by our Kings at sundry times to several Parliaments and Great Councels of the Realm by the self same general Writs of Summons as the Earles Peers and Barons of the land were summoned and enrolled amongst them in the Lists of Summons and Resummons and specially commanded by their Writs Quod personaliter intersitis Nobiscum ac cum Praelatis caeteris Magnatibus Proceribus dicti Regni nostâ—i super negotiis praedictis tractaturi Vestrumque Consilium impensuri c. yet neither themselves nor any of their Name or Posterity were ever summoned afterwards to any other Parliament or Great Councill for ought appears by the Clause Rolls and Lists of persons summoned 2. That there are at least 50. others of them thuâ— summoned by general Writs and listed amongst the names of the temporal Lords Barons and Great men some of them only to 2. others of them to 3. others to 4. others to 5. or 6. Parliaments and great Councils at several times yet not one of them or their Progenie afterwards called by Writ to any succeeding Parliaments or Councils 3. Thâ—t Iohn ap Adam was called by Writ to no lesse then 16. successive Parliaments and Grand Councils of the Realme under King Ed. 1. 2. and 3. Roger de Banent to 22. under Ed. 2. and 3. Guido de Bryan to 37. under E. 3. and R. 2. Iohn de Claverings to 45. under E. 1. 2. and 3. Philip de Columbariis to 44. under E. 2. and 3. Sir William Herne to 8. under E. 3. R. 2. and H. 4. as likewise Walter de Manny Iohn de la Mare Nicholas de Meyvill Thomas de Musgrave Iohn Somery Henry de Teyez Thomas Vhtred and some others summoned by general Writs to sundry Parliaments and Councils by one or more of our Kings yet they and their Posterities of the same name were afterwards totally omitted out of the Writs and lists of Summons and never summoned again in succeeding times 4. That Gilbert and William de Acton Richard and William de Aldeburge Gilbert and William de Aton perchance the same with Acton Robert and William de Felton John Richard and Matthew Fitz Iohn Ralph and Robert de Grendon Robert and Alexander de Hilton Adam and Thomas de Novo Mercato Hugh and Hugh de Sancto Phileberto Giles and Richard de Playez Miles and Nicholas de Stapleton William and Theobald Trussell William and John Tuchet to omit others were successively summoned to one two or three Parliaments Great Councils not immediately succeeding each other but some good distance of years and time after the other during which many Parliaments and Councils intervened to which none of them were called by Writ and then totally omitted none of their name or posteritie for ought appeares being ever summoned again as the last Table visibly demonstrates From which 4. particulars I conceive it experimentally evident beyond dispute That as the Kings Writs to his Counsell Justices and other Assistants mentioned in the next Section did neither constitute them nor their issues Peers or Barons of the Realm nor Assistants for life though they sat advised with the King Lords upon all weighty occasions in the Lords House and as the elections retornes of Knights Citizens Burgesses Barons of Ports by the Kings Writs of summons to Parliaments and their sitting voting in the Commons House in one or more Parliaments for which they are elected though seconded with the Kings Writs for levying their expences after the Parliaments ended do neither create them Knights Citizens Burgesses Barons of Ports nor Members of the Commons House during their own lives much lesse their issue Males in succession after them but only during the session and continuance of these particular Parliaments and Councils for which they are elected and retorned which being once determined they presently ceased to be Knights Citizens Burgesses Barons in any succeeding Parliaments or Councils unlesse newly elected and retorned to serve in them by the Kings new Writs as our Law books and experience resolve so the Kings generall Writs of summons directed to Knights Gentlemen and other Laicks who held not by Barony and are no Lords nor Barons by special creations or Descent from their Ancestors to treat with the King and the rest of the Lords and Great men in the Lords House and their sitting therein once twice or oftener by Vertue of such Writs doth in truth and reality neither make nor create themselves nor their heires Males after them in point
one general Councill in 32 E. 3. d. 14. 5ly That after King Edward the 3d. his reigne there is not one president of any Archbishop Bishop Abbot Prior or religious persons summoned to any Parliament to my remembrance but only of those who held by Barony and were constantly summoned as Spiritual Peers to all our Parliaments And very few Presidents if any of a Knight Gentleman or other Layman whatsoever summoned by any general Writs to the Lords House to treat and consult together with them unlesse they were ancient Earles Lords or Barons of the Realm or newly created such by special Patents before their summons or by special clauses of creation in the Wriâ—s by which they were summoned as all the lists of summons in the Clause Rolls the precedent Table the Statutes of 5 R. 2. Stat. 2. c. 4. 31 H. 8. c 10. and Mr. Martyns Catalogue of them at the end of his History clearly manifest 6ly That in my best observation there is no president from 49 H. 3. till the last Parliament of King Charles nor in any age before where any of the ancient Nobility Peers Lords or Barons of the Realme at least any considerable number of them unlesse such who were actually outlawed or attainted of High Treason or absent in forreign parts or in actual service in the Wars or under age were omitted out of the Writs of summous or secluded from sitting in the Lords House in any Parliament by force or frand unless by Morâ—imer in the Parliament at Salisbury An. 2. E. 3. and in 21 R. 2. nor of others who were no real Lords Peers by Patent Tenure or other legal creation summoned to the Lords House out of England much lesse out of Scotland and Ireland to supplant them or supply their places under any name notion or pretext whatsoever Neither were they or any of them secluded disinherited of their seats Votes Peerage in Parliament without or before the least legal hearing trial impeachment or conviction whatsoever of any capital crime which might forâ—eit their Peerage against all the Great Charters Statutes Records Declarations Orders Ordinances Votes Protestations Oathts Covenants mentioned in my Plea for the Lords and House of Peers which ratifie and perpetuate this their Birthright to them and their Posterities and the very law of all Nations 6ly It is very observable that both Houses of Parliament in their Propositions sent to King Charles at their last Treaty with him in the Isle of Weight to prevent the creation and introduction of any New Lords into future Parliaments to the prejudice seclusion or overvoting of the Ancient Nobility or Commons house did amongst other things propound That BY ACT OF PARLIAMENT all LORDS and PEERS made by the King since Edward Lord Littleton deserted the Parliament and carried away the Great Seal the 21. of May 1642. should be unlorded unpeered set by and their Titles of Honour Patents revoked declared null and void to all intents and never hereafter put in use And that NO PEER WHICH SHOULD BE HEREAFTER MADE BY THE KING HIS HEIRES OR SUCCESSORS who have onely and solely a just legal power to create them and none else as they hereby declare SHALL SIT IN THE PARLIAMENT OF ENGLAND WITHOUT CONSENT OF BOTH HOUSES OF PARLIAMENT Which the King then fully and freely consented to without any limitation or exception whatsoever Since which Proposition of both Houses and concession by the King how any person or persons who assented to or approved thereof in any kind as reasonable or beneficial to the publick without any special Patent or creation from the King his heires or successors and without the consent of the House of Lords and ancient Peers of the Realme the only proper members of Iudges in it of the Commons House yea against both their consents and approbations can justly by any other authority Patent Writ or instrument whatsoever assume unto themselves the Titles of Lords or Barons of the Realme or of the Lords House it self to the disseasing disinheriting suppressing of the ancient undoubted Peers and House of Lords Or how any who have Voted down declared against and abolished the Lords and Lords House in sundry printed Papers as Uselesse Dangerous Inconvenient Oppressive to the People obstructive to the Proceedings in Parliament and the like and afterwards by several Votes and printed New Knacks took and subscribed themselves and prescribed to all others under severest penalties a publick Engagement To be â—rue and faithfull to the Commonwealth of England as it was then established as they thought by themselves though the event soon after proved the contrary Without a King or House of Lords can or dare become this very Selfsame Vselesse dangerous oppressive obstructive grievance c. themselves and against their own Votes Declarations Acts Subscriptions Engagements stile or assert themselves to be either real Lords or an House of Lords without the greatest Praevarication Contradiction to and Apostacy from their own former Principles or how they can ever probably expect that either the ancient Lords or Commons of England should submit unto them as such let their own judgments consciences and reasons resolve them The rather because divers of the Earles Nobles made by King Stephen were stiled yea deposed as meer Imaginary false Earles and Lords Quosdam Imaginarios et Pseudo-Comites and both their Titles and Crown lands given them by Stephen though King de facto resumed by King Henry the 2. right heir to the crown because Stephen was an Usurper Chartae Invasoris praejudicium legitimo Principi minime facere deberent as the Chronicle of Normandy the Book of the Abby of Waverly Mr. Selden out of them Gulielmus Neubrigensis and Chronicle of Bromton Col. 1046. inform us Whose President may justly deterre them from any unjust disseisin of the ancient Lords and setting themselves in their Places And thus much for my Observations on and from the Writs in this second Section SECTION 3. Of Writs of Summons to the Kings Counsil and other Ordinary Assistants to the Lords in Parliaments and Parliamentary Councils with annotations on them THe next Writs of Summons after those to the Spiritual and Temporal Lords entred in the antient Clause Rolls are those to the Kings Counsil different only in one or two Clauses from the former in which else they usually accorded These persons commonly summoned to Parliaments as the Kings Counsil by distinct writs from the Lords as ordinary Assistants both to the King and them in all causes controversies Questions of Moment were mostly the Kings Great Officers as well Clergymen as Secular persons who were no Lords nor Barons of the Realm as namely his Treasurer Chancellor of the Eschequer Judges of his Courts at Westminster Justices in Eyre Iustices assignes Barons of his Eschequer Clerks Secretaries of his Counsil and sometimes his Serjeants at Law with such other Officers and Persons whom our Kings thought meâ—â—o summon The
fatetur et cognoscaâ— Et idem Archiepiscopus in fide c. fatetur et dicit quod in veniendo de Curia Romana apud Paris bene audivit intellexit per praedictum Iudeum quod praedicta pecunia ei debebatur et quod idem Iudeus eum rogavit ut ei pro Deo esset in auxilium ad praedictam pecuniam suam â—ecuperandam Et postea ut praedictum est in visitatione sua ad domum praedictam hoc idem invenit per confessionem praedictorum Prioris et Conventus et eis dixit quod â—ic facerent quod animas suas salvarent Et quia idem Archiepiscopus bene cognoscit quod POST EXILIUM DICTI JUDAEâ— ALIORUM JUDAEORUM DE REGNO ISTO à praedicto Iudeo intellexit quod pecunia praedicta â—ibi in regno isto debebatur et POST EORUM EXILIUM omnia quae sua fuerunt et in regno isto remanserunt tam debita quam alia bona quaecunque ipsi Domino Regi remanserunt et Catalla sua fuerunt et super hoc incontinenti POST EORUM EXILIUM solempnis Proclamatio siebat per totum regnum et quod omnes qui debita aliqua alicui Iudeo debebant aut de eorum debiâ—is t is bonis catallis aliquid sciebant Domino Regi aut alicui de Consilio suo scire facerent de qua quidem Proclamatione nullus dedicere potest quin scivit aâ—â— scivisse debuit Et idem Archiepiscopus de debito praedicto scivit prout fatetur tam per Iudeum quam per Priorem Conventum nec de hoc Domino Regi aut alieui de suìs constare fecit Immo debitum illud concelando et à Domino Rege alienando contra fidem qua Regi teneâ—ur injunxit praefato Priori et Conventui quod animas suus-salvarent quod tantum valuit quantum si dixisset quod Iudeo satisfacerent concordatum est quod praedictus Archiepiscopus remaneat in misericordia Domini Regis pro concelamento transgressione praedicto c. et idem Dominus Rex sibi ipsi reservat Tax ationem illius misericordiae From these 2. Records I shall observe That the General Banishment of the Iewes out of England and the escheat and forfeiture of their Lands Goods and Debts to the King by this their generall exile is no lesse then 10. severall times precisely mentioned in these 2 Records and the very groundwork of them besides some hundreds of other Records and Authors cited by me in the 1. and 2. Part of my Demurrer to the Iewes long discontinued Remitter into England And therefore I must admire Sir Edward Cooks peremptory denyal of it in print in his Commentary on the Statute de Iudaismo in the very date whereof he is mistaken as well as in most of his Comments thereupon as I have largely proved in my Demurrer 2. That it is a breach of the Oath of Fealty and Allegiance in any Subject and an offence for which he is punishable to conceal from or defraud the King of any of his just debts and rights especially when engaged by Proclamation to discover them 3ly That the King and his Counsell gave judgment in these causes and that in the later of them the King reserves the taxing of the Amerciament of the Archbishop for an offence against him wholly to himself The 3. case is that of Iohn Saâ—veyn his wife and her sister in the Placita coram ipso Domino Rege apud Westmonasterium in Parliamento suo in Octabis Nativitatis beatae Mariae Anno regni Regis Edwardi filii Regis Henrici 33. which is very memorable and thus recorded Iohannes Salveyn Margareta uxor ejus Isabello soroâ— ejusdem Margaretae filiae haeredes Roberti de Ros de Werk per Petitionem suam in forma sequenti ostendunt Domino Regi et petunt quod cum Dominus Rex de gratia sua speciali concessit et ordinavit Quod omnes gentes de regno Seotiae cujuscunque fuerint et quae ad pacem suam venerint exceptis aliquibus personis in eadem Ordinatione nominatis admittantur secundum conditiones subsequentes videlicet quod salva sit eis vita et membra et quod quieti sint de imprisonamento et quod non exhaeredantur Ita quod de eorum exemptione et emendis de Transgressionibus qnas ipsi Domino Regi solummodo fecerint et de estabilamento terrae Scotiae staret ordinationi suae sicut plenius continetur in Ordinatione supradicta Et inâ— super Dominus Rex concessit omnibus qui secuti fuerint seisinam de terris quas ipsi et eorum Antecessores tenuerunt in principio Guerrae In quorum manus terrâ—â— illae devenissent quod ipsi Iohannes Margareta Isabella uti possent et gaudere concessione et Ordinatione praedictis quoad terras quae dictus Robertus tenuit in Anglia Scotia in principio guerrae Ita quod non sinâ— exhaeredati Et Willielmus de Ros de Hamlake qui tenet praedictum Manerium de Werk ex dono et concessione Domini Regis per praemunitionem sibi factam venitâ— et tam pro seipso tanquam tenenti dictum Manerium quaÌ„ pro Domino Rege quo ad alias terras et tenementa quae fuerunt dicti Roberti tam in regno Angliae quam in terra Scoâ—iae dicit Quod praedicti petentes nichil in eisdem per medium praedicti Roberti clamare possunt ut ipsius haeredes nec ad illa petenda seu aliquam partem earundem audiri debent prout petunt Dicit enim quod ipsi petunt tenementa praedicta ut haeredes praedicti Roberti et virtute câ—jusd â—m Ordinationâ—s quam Domâ—nus Rex nuper fecitet concessit illis hominibus de terra Scotiae qui in ultima guerra in eadem terra ad pacem suam venerunt et admissi suerunt et per illa verâ—a videlizet quod non â—xâ—aeredentur Et etiam petunt quod ipsi uti possunt et gaudere concessione et Ordinatione praedictis quo ad terras quas dictus Robertus tenuit in Anglia in Scotia in principio guerrae Ita quod non sint exhaeredati prout in sua petitione continetur quod nullo modo admitti debent Quia dicit quod praedictus Robertus diù ante principium istius gueriae ad quod tempus Ordinationi praedicta reddito terrarum et concessio se extendunt Inimicus Domini Regis devenit maniâ—estus parti Scotorum Contra Homagium et Filelitatem suam felonice et traditiose adhâ—rendo et sic omnes terras et tenementa sua ubicunque infra Dominium et potestatem Domini Regis existentia simul cum aliis bonis suis quibuscunque totaliter forisfecit nec unquam postea in vita sua ad pacem Domini Regis rediit set in inimicitia sua ut Felo et Traditor obiit Occasione cujus Inimicitiae sic commissae Dominus Rex
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
they specially confided to the King and his Counsil at Westminster not to the Parliament there to confer and treat with them concerning the relief of Ireland and their passage to or sending men of Arms speedily into Ireland to resist suppress the Irish Rebels who much infested wasted and endangered it as the whole frame and contents of the writs themselves and the marginal Notes in the Rolls De Consillo Summonito De Veniendo ad Consilium c. resolve beyond all contradiction Which Ioseph Holland and others not considering in their Antiquity of the Parliaments of England p. 23. 88. have published these two grosse mistakes together viz. That in the time of Edward the thâ—â—â— therâ— was a writ then in use De admittendo â—ide dignas ad colloquium c. It is recorded amongst the Summons of Parliament 35 E. 3. that there is a writ De admittendo fide dignos ad Colloquium And amongst the Earls and Barons there is retorned Mâ—ry Countesse de Norff Alianoxa Countesse de Ormond Philippa Countesse de March Agnes Countesse de Pembroke and Katherine Countesse of Athol When as these Countesses were not recorded nor retorned amongst the Earls and Barons in any Summons to Parliament nor were they required to send or come to any Parliament or Parliamentary Council nor is thâ—re any writ in this or any other Roll De admittendo fide dignas or dignos ad Colloquium as they confidently affirme But they were only summoned by writ to send men of Arms into Ireland with other Lords Gentlemen Clergymen who had Lands and Possessions there as these Countesses all had for to defend and recover the same from the Irish Enemies and commanded Aliquos vel aliquem de quibus vel de quo specialiter confiditis MITTATIS apud Westm. c. Which MITTATIS these Pseudo-Antiquaries have metamorphosed into a writ DE ADMITTENDO fide dignas ad Colloquium By which grosse perversion they have evidenced themselves and their Treatises not to be fide digni in these and other particulars relaâ—ing to our Parliaments wherewith they have deceived both themselves and others who adore these their Oversights for Oracles 16ly That when any of the Earls Lords or Nobles were imployed in the Wars in France Scotland Ireland or any other service for the King in forein parts they were omitted out of the lists of Summons to Parliaments and Parliamentary Councils and if any writs in such cases issued to them they were usually revoked cancelled and entries thereof made upon the Clause Rolls This is evident by Claus. 11 E. 3. 25. dors 11. where I find these 2. Presidents in the lists of the Lords and Barons names Thomae Wake de Lydett VACAT QUIA IN OBSEQUIO REGIS Henry de Grey VACAT QUIA IN OBSEQUIO REGIS After which at the end of all the writs of Summons to the Sheriffs Warden of the Cinque-ports and Kings Counsel follows this entry of writs to some Earls Lords and Gentlemen besides those first mentioned after the Spiritual Lords then summoned Rex dilecto fideli suo Willo de Bohun Com. Northamton salutem Quia tam super urgentissimis c. ut supra in brevi directo Hent Com. Lâ—ncastr usque in finem Eodem modo mandatum est subscriptis viz. Thomae Com. Norffâ—er Mariscallo Angliae Avunculo Regis Willielmo de Monteacuto Comitâ— Sarum Rico. Comiti Arundell Hugoni de Audâ—le Comiti Gloucestr Roberto de Ufford Comiti Suff. Gilberto de Umfravill Comiti de Anegos Ranulpho de Dacre Bartho de Burghersh Johanni de Segrave Egidio de Badlesmere Rado de Nevill Johanni de Tybtofte Rico. Talebot Henr. de Percey Rado de Stafford Thomae de Berkele Antonio de Lucy Et Memorand quod Brevia istis Magnatibus immediate praescriptis directa de essendo ad PARLIAMENTUM praedictum remissa fuerunt Cancellar ET PRO EO QVOD QVIDAM EX EIS IN PARTIBUS SCOTIAE QUIDAM EX EIS IN PARTIBUS TRANSMARINIS IN OBSEQUIO REGIS EXISTVNT ADNUâ—LAND So Claus. An. 12 E. 2. pars 2. dors 32. There is this entry made in the lists of Summons Humfrido de Bohun Comiti Hereford VACAT QUIA IN OBSEQUIO REGIS And Cl. 2. R. 2. d. 29. Iohi de Nevill de Raby in partibus Aquitan If any Baron or Lords name were in the list of Summons and he not actually summoned there was then a Vacat entred in the Roll as in Claus. 11. E. 3. p. 1. dors 8. Iohi de Sutton de Holdernesse VACAT QUIA NON FUIT SUMMONITUS And if he died before the Parliament then his death was entred upon the Roll as Claus 9. E. 3. d. 28. Iohi de Clynton MORTUUS EST. 17ly That when any Temporal Lords or Prelates had writs of Summons to Parliament issued to them in times of warr and danger whilst they were imployed in the Warrs against the Scots in the North or parts of Scotland if they could not desert the Warrs and attend personally in Parliament without danger and prejudice to the Publike they had then writs of countermand sent them not to recede from the parts where they were in Service notwithstanding their Summons to Parliament For which I find this memorable president in Claus. 30 E. 1. d. 7. De non recedendo à partibus Scotiae Rex dilecto sideli suo Iohanni Segrave salutem Licet â—uper vobis mandavimus quod omnibus aliis praetermissis ad Parliamentum quod apud London in prox festo Sancti Michaelis duximus Statâ—end PERSONALITER INTERSITIS NOLUMUS TAMEN quod praetextu mandati praedicti partibus Scotiae seu Marchiae ejus in quibus estis in obsequio nostro constituti ALIQUALITER RECEDATIS T. Rege apud Losele XI die Septembris Consimiles literae diriguntur Alexandro Balliolo Edmundo de Hastinges Willo de Lâ—â—u Seniori Waltero de Huntercumbe Eodem modo mandatum est Roberto de Clifford quod a partibus in quibus nunc est NULLATENUS RECEDATIS To which I shall subjoyn this later President of Cl. 6. E. 2. d. 12. Rex dilecto fideli suo Waltero de Fauconberg salutem Licet nuper vobis mandaverimus quod omnibus aliis praetermissis essetis ad Nos tertia Dominica Quadragesimae prox futur apud Westm. ibidem Nobiâ—scum cum Magnatibus Proceribâ—s regni nostri super diversis negotiis Nos et statum ejusdem Regni tangenâ—ibâ—s tractaturi veâ—trumque consilium impensuri pro securiori tamen custodia et majori tuitione partium vestrarum contra Scotos inimicos et Rebelles nostros vobis mandamus quod a partibus praedictis sine mandato nostro vos nullatenus transferatis Teste Rege apud Westm. 20 die Febr. Eodem modo mandatum est subscriptis viz. Ranulpho de Nevill Willo de Vavasour Willo de Ros de Hamlake Marmiduco de Twenge Nicho. de Meivill Ade de Everingham Thomae de Multon de Egremond Thomae de Multon de Gillesland Ingelramo de