as I have formerly mentioned in the Epistle to my Plea for the Lords my Preface to an Exact Abridgement of the Records in the Tower and in a printed Title three year since by which I endeavoured to promote it which would supply all the three precedent Defects The 4. is the great lack of diligent faithfull Collections and Publications of all the choicest Records Proclamations Writs Letters Charters Patents Commissions c. in the Tower or elsewhere which concern the Liberties and Properties of the Subject The just antient Duties Customs Revenues Jurisdictions of the Kings and Crown of England in times of Warre and peace the Coin Merchandize Manufactures Trade Government Navy Forts Militia of England and Ireland and the Negotiations Leagues Treaties with forein States or at leastwise the want of an Exact Table Repertory to them whereby they might be readily found out and made uâ—e of upon all emergent occasions The 5. is a Compleat Register or Kalendar of all Parliamentary Writs extant in our Records which those who have formerly written Discourses touching our English Parliaments were either totally ignorant of or not well acquainted with or else took no care or pains at all to communicate to others though the very foundations of all our Parliaments and their proceedings The omission or ignorance whereof hath made most of their Treatises of this subject very imperfect unsatisfactory and full of gross misprisions which pass for current Truths It seemed very strange and monstrous to me that none of our Kings Parliaments Great Officers of State Nobles but especially none of our reverend Iudges learned Lawyeâ—s nor any of the Mâ—sters of the Rolls to whose beneficial Office care diligence it most propeâ—ly appertained in so large a tract of time since Printing first grew common have not hitherto put to their own helping hands nor incouraged others by Honorary Salaries to supply these deplâ—rable prejudicial Defects especially the 3. first which so much concern the publike Government Justice Honor welfare Laws Interest of the whole English Nation when as forein Kings Parliaments Statesmen Lawyers Advocates especially in France Spain Germany Denmark have been very diligent and laborious in later ages in searching out transcribing publishing to posterity all the Antiquities Records Councils Parliaments Laws Edicts Ordinances Histories Transactions of thâ—ir Predecessors and encouraged their learnedest Scholars by great Offices Honors Salaries and bountiful rewards to collections and publications of this Nature to their eternal honor VVhereupon I endeavoured the last long Parliament by an Epistle to the Lords to excite them to contribute their best assistance towards the speedy Publication of all our Parliamentary Rolls and Records profering my best endeavors to promote it but I neither then nor since received the least incouragement from them or others towards this beneficial publike undertaking from which soon after I was both discouraged and disabled by near 3. years close Imprisonment in 3. remote Castles under armed strictest guards by Mr. Iohn Bradshaws and his Whitehall Associates warrant without any accusation hearing or particular cause either then or since expressed of purpose to debarr me from publishing any thing of this Nature or against their New Tyrannical usurpations transcending all in former ages After my enlargement from these 3. years expensive as well as tedious restraints superadded to my former Imprisonments and Losses under the Prelates and Army-Officers I endeavored to revive this Heroick work and to encourage all publike-Spirited Noblemen Gentlemen Lawyers to promote it both by the publication of many unknown rare Records in the second Part of my Demurrer to the Iews long discontinued Remitter into England and Discoveries therein of the Vsefulness and excellency of our Records in general and of those relating to our Parliaments Laws Liberties Properties in particular Since which by a printed Paper I proposed a way how in what manner and by what time this usefull Design might probably be effected with no loss at all but certain gain to those who should contribute only 10 〈◊〉 a piece towards it for a year or two at most and should then certainly receive their principal again together with Books in the interval amounting to treble the interest which though some of my friends to whom I communicated these papers highly approved of seeming forwards to contribute towards it yet I found such a general lukewarâ—nness or rather absolute coldness in others really to advance it as caused me totally to desist from any further prosecution thereof Whereupon to supply those defects in some degree as much as in me lay I did with no little pains and cost upon my own private account alone without the least assistance contribution from any others collect compile print and publish to the world in the 3. First Parts of my Seasonable Historical Vindication and Chronological Collection of the good old Fundamental Liberties Rights Franchises Laws 〈◊〉 all English Freemen an Exquisite Epitome of all the Parliamentary Councils Synods and State-assemblies held within our Realms upon several Occasions extant in our Historians from the Britons first arival therein till the Coronation of King William the first Anno 1066. conteining the space of 2390. years Which though very usefull seasonable profitable containing sundry rarities in them were looked upon by most men with contempt like old Almanacks Clothes or Fashions quite out of dâ—te whence most of them lye moulding in Warehouses for want of sale After which in pursute of these beginnings I freely contributed my labors to the publishing of Aâ—â—xact Abridgment of the Parliâ—ment Rolls and Records in the Tower of London from King Edward the 2. till 1 R. 3. rectifying sundry mistakes supplying divers defects therein adorning it with a necessary Preface usefull Tables and Marginal Notes without which it had been in a manner altogether useless Since which I much enlarged and reprinted â—pon my own Account alone for want of assistance by others my Plea for the Lords and House of Peers Wherein I have communicated to the world out of Records and Histories more Presidents knowledge touching the Judicature Jurisdiction and Proceedings of our Great Councils and Parliaments in former ages and more fully vindicated the just antient Privilege and Hereditary right of the Lords and Barons of this Realm to sit vote judge in all our English Parliaments than any others have done in former ages without the least incouragement ayde or retribution from any of their Lordships notwithstanding my manifold sufferings by from and under some of them and their ancesters heretofore both in person and estate without the smallest voted recompence These last publications together with my Soveraign Power of Parliaments and Kingdoms my Historical Collection of the Great Councils and Parliaments of England and new published Argument of the Case of the Lord Magwire having in some measure though not so fully as I desire supplied the 4. first premised Deâ—ects I have endeavored by this presentâ— Brief Registâ—◠〈◊〉 and Survey of the sâ—veral 〈…〉 the
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
death but with all speed and cate to restore every Member bone joynt to its proper place posture office and preserve them from subsequent dislocations and fractures So it hath been and will be with this body Politick It will never be reduced to its pristine health soundness vigor use ends or become medicinal to settle or advance the publike weal of the Nation till all its dislocated broken Members be restored to their due places and power in it without which it will soon come to utter desolation as 1. Cor. 12. 12 to 31. Gal. 5. 15. Mat. 12. 25. Isa 19. 2. 14 15. Prov. 30. 21. 22 will assure all carnal Politicians who think the contrarie 22. That as it was the prudence policie justice of our Parliaments Nobles Great men in former ages not to vote conclude or enact any thing in Parliament when any of their chief Members were absent or not summoned or restrained from them and to determine all Great Affairs in FULL PARLIAMENT So it was also their special care to preserve the Jurisdiction of the Kings Courts of Common Law as a chief right and flower of the Crown and the antient Lawes and Customs of the Realm against all incroachments upon them by Popes Bishops or anie others as is evident by sundry instances elsewhere cited and by this memorable Writ of Prohibition isiued in King H. 3 his name on the behalf of the Nobles of England to the Bishop of Durbam Proving the interpretation of the Laws and Customs of the Realm in anie doubtfull cases of publike concernment to belong only to the King and his Nobles assisted with the Iudges and Counsil not to the Clergy Commons or anie other person or persons Râ—x Waltero Episcopo Dunolm salutem Cum secundum Leges et Consuetudines regni nostri quaeâ—tio de Jure Patronatus Ecclesiarum Regni ejusdem adjus dignitatem Coronae nostrae pertineat et de soro nostro vel eorum qui Regalia jura de nostravel Praedecessorum nostrorum largitione susceperunt de plano existunt Ac de COMMUNI CONSILIO PROCERUM NOSTRORUM DUXIMUS PROVIDENDUM ET FIRMITER STATUENDUM ut leges â—t consuetudines Regni nostri super hiis et aliis ab omnibus observentur qui concessis fibi regalibus et aliis Libertatibus gaudent vel de unitate ac pace nostra et regni nostri censeri voluerint Cumque interpraetationes Legum et Consuetudinum praedictarum AD NOS ET PROCERES NOSTROS PERTINEANT NEC AD ALIVM VEL ALIOS ipsas leges vel consuetudines declarare vel interpretari possit aut debeat pertinere Vobis DE CONSILIO PROCERVM NOSTRORVM PROHIBEMVS ne â—icut usum Regalium libertatum quas vos habere praetenditis gaudere volueritis alicui interpraetationi per quemcunque alium factae vel faciendae innitamini vel aliquid per eam fieri procuretis vel fieri pronunciatis contra leges et consuetudines in regno nostro usitatas et hactenus observatas Maxime cum secundum leges et consuâ—tudines supradictas judicari debeat ad quos vel quem et per cujusmodi assignationes seu concessiones debeat jus Patronatus cum Maneriis vel Feodalibus in Regno nostro ad alios transire Quod si super re praedicta aliter fieri seu judicari contigerit ipsas libertates regales praenotatas ad Nos per vestrum abusum censemus devolvendas Teste Rege apud Westin 11. die Septembris Per Comitem Gloucestriae Hug. le Bigod Justic. Angliae EX PARTE MAGNATUM What else is worthie Observation from or concerning these or other Parliamentarie Writs I shall adjourn to the succeeding Parts of this Register Kalendar and Survey till whose publications Dimidium facti qui benè caepit habet FINIS a The 2. pâ—rt of a short Deâ—urrer to the lews long discontinued Remitter into England p. 136 c. b See the Exact Abridgment of the Records in the Tower and my Table there to Title Statutes c See the fiâ—st part of my short Demurrer to the Iews long discontinued Remitter into England p. 36 37 49. 53 54 c. d See Pultons Statutes at large Lond. 1618. p. 115. Rastals kalendar of Statutes in the end of his Abridgment and Tottles Magna Charâ—ta out of which they transcribed them a 〈…〉 b 〈…〉 c â—er 30. 13. d Lu. 4. 23. e Rev. 22. 2. f Propertius p. 134. g Pliny Praefatio in com 1. Nat. Hist. * 7 E. 1. Rastal Armor 1. * Cook 4. Instit p. 14. * 4 E. 3. rot Parl. n. 1. 21R 2. c. 12. 31H 6. c. 1. 3 â—ac c. 1 2. Exact Collection p. 200. c. A Collection P. 201 202. * 21 R. 2. c. â— * In my Summary Collections c. and Breviate h Eadmerus Hist. Novor l. 3. p. 67 68. i Eadmerus l. 4. p. 83 84 85. k Eadmeruâ—â— 4. p. 86. l Hoveden Annal. pars pâ—sterior p. 56â— 567. m Râ—dâ—lph de Diceto Ymagines Histor. col 613. n Hovâ— Anna. 〈◊〉 P 6â—8 629. a Flores Hâ—st paâ—s 2. Anno 1199. p. b Annalium pars posterior Ann. 119. p. 793. c Hâ—st Aâ—g p. 1â—9 1â—0 e Annal. pars postâ—rior P. 806. to 810. g Pag. â—803 g Ibid. p. 795 796. h Pat. 5. Johan Regis m. 1. n. 3. Seldens Title of Honor p. 707. x â—ist Ang. p. 204. y Mat. Paris p. 201. Maâ— Westm. p. 83. z Mat. Paris p. 204. Mâ—t. Westm. p. 83. * 7. H. 4. c. 15. 8. H. 4. Rot. Paâ—l 83. 139. * Mag Carta c. 35. * Mat. 7. 6. a Ad herenicum p. 21. b Natural quaest l. 7. p. 933. c Psal. 77. 5. d Jer. 6. 16. e Job 12. 12. f Luk. 5. 39. a Antiquity triumphing over Novelty p. 8. to 109. The 2 3. Part of a Seasonable Historical Legal Vindication c. my Plea for the Lords and House of Peers A Breviate of the antient Great Councils and Parliaments of England b Claus. An. 6. Johann Rs. m. 3â— dorso Mr. Seldens Titles of Honor Book 2. ch 5. §. 20. p. 708. c Claus. An. 26 H. 3. m. 13. dorso Seldens titles of Honor p. 717. d Claus. 49 H. 3. dors 11. in Scedula Selden Tiâ— of Honor p. 717. My plea for the Lords p. 259. De Parliamento tenendo d Claus. 24 E. 1. m. 7. dors DeParliamento tenendo Pravisa See Walsingham Hist. Angl. An. 1297 1298 p. 34 35 36. Clerus ob constitutionem Bonifacii hoc anno ediâ—am quae prohibet sub poena ex communicationis ne talliae vel exactiones a Clero per seculares Principes quocunque modo exigantur vel eis solvantur de rebus Ecclesiae Rege pro werra sua petenti subsidium denegavit Rex autem ut de meliori responso deliberarent negotium in aliud Parliamentum â—enendum Londoâ—iis in crastino sancti Hillarii distuliâ— Parliamentum coactum est Londoniis post â—estum sancti
them made in this party be firmly holden The offenders against the Ordinance of Fish made in 31. E. 3. c. 2. are to be attached and detained in Prison as Rebels and Transgressors till the King and HIS COUNSEL have ordained of them that right requireth after the quality of their Trespasse 34. E. 3. c. 21. By assent of the King and of HIS COUNSEL passage was granted of Wools and other Merchandises of the Staple to Denizens contrary to the Ordinance of the Staple that only Merchants Aliens and no Merchants Denizens should transport them which passage was confirmed by Parliament and this Act. 35 E. 3. Upon doing us and OUR COUNSELL TO UNDERSTAND c. It was adjudged by US AND OUR COUNSEL that the Fishers of herrings at Great Yermouth should be free to sell their herrings to all people that will come to the faire of Yermouth without disturbance of their host or any other and accordingly enacted by this Parliament The printed Pardon granted by the King in Parliament An. 36. E. 3. was prayed by the Commons to be shewed to the Kiâ—g and to HIS COVNSELL and to the other Lords ere passed according to the tenour of the Commons Petition 37 E. 3. c. 15. Clotâ— makers and Drapers shall be constrained by any manner way that best shall seem to the King and his Counsel that the Ordinance of new Apparell be in no point broken 37 E. 3. c. 18. enacts That those who make false suggestions to the King be sent with the said suggestions before the Chancellor Treasurer and His Counsil and that they there finde surety to pursue their suggestions and incurr the same pein that the other should have had if he were attainted in case that his suggestion be found evil 38 E. 3. c. 11. enacts That all Merchants Denizens may pass into Gascoigne and bring in Wines from thence without any disturbance or impeachment Alwayes provided to the King that it may be lawful to him whensoever it is advised to him or to His Counsil to ordain of this article in the manner as best shall seem to him for the profit of him and his Commons 38 E. 3. c 3. Provisors and Offendors against this Act who do not present themselves before the King or His Counsil within two moneths after that they are thereunto warned c. shall be punished according to the Statute of 27 E. 3 and otherwise as to the King and His Counsil shall best seem to be done without any grace pardon or remission And Cap. 5. if any person maliciously or falsly make any pursute against any person as a Provisour and be thereof duly attainted he shall be duly punished at the Ordinance of the King and His Counsil and nevertheless he shall make gree and amends to the party grieved The Statute of 42 Edward 3. c. 3. made upon a Petition of the Commons in Parliament beginning thus Plese a nostre Seigneur le Roy son BON COVNSEL pur droyt governement de son peuple Ordeigner Which complains that diverse upon false and malicious suggestions have been taken and caused to come before the Kings Counsil by writ and other command of the King upon grievous pein against the Law To these I might superadd the Statutes of 1 R. 2. c. 4. 3 R. 2. c 3. 5 R. 2. c. 2. Stat 2. 6 R. 2. Stat. 2. c. 1. 8 R. 2. c. 4 10 R. 2. c. 11. 11 R. 2. c. 2 6 7 12. 12 R. 2. c. 1 2 10. 13 R. 2. c. 2. 18. Parl. 2. c. 3. 16 R. 2. c. 5 17 R. 2. c. 5 6 7. 1 H. 4. c. 6 7 9 13. 4 H. 4. c. 4 23 30. 1 H. 5. c. 6. 2 H. 5. c. 8. Parl. 2. c. 2. 9 H. 5. c. 3 5. 1 H. 6. c. 1 5. 2 H. 6. c. 6. 4 H. 6. c. 5. 8 H. 6. c. 13 27. 10 H. 6. c. 3 4. 14 H. 6. c. 2. 27 H. 6. c. 11. 31 H. 6. c. 1. â—3 H. 6. c 3. 14 E. 4. c. 1 2. 17 E. 4. c. 1. 3 H. 7. c. 1. 4. 4 H. 7. c. 4. 11 H. 7. c. 7. 25. 19 H. 7. c. 1. 13 18. By all which and other Acts as likewise by Mr. William Lambards Archaion p. 118. to 216. compared with Cooks 4 Institutes c. 5. and the records in My Plea for the Lords p. 273 330 331 385 390 398 399 418 419 420 505 507. the Authority Power Jurisdiction use proceedings of the Kings Counsil and Justices both in and out of Parliaments is fully explained declared to which I shall subjoyn two memorable records for a Conclusion hereof Claus 37 H. 3. dors 7. Rex Ricardo Comiti Cornubiae salutem Alias allocuti sumus Episcopum Sarum quod intenderet Consilio nostro praebuit se difficilem propter quod ad praesens nolumus habere alios Consiâ—â—arios quà m ordinavimus sicut scitis sed cum aliqua difficultas emerserit super Iudicium reddendum vel aliis communibus negotiis taâ—â— gentibus legem terrae bene placet Nobis quod ad hoc intendat cum à Vobis interpellatus ad ipsum vocandum cum hujusmodi necessitas evenerit plenam Vobis concedimus potestatem Teste Rege apud Portsmouth 7 die Augusti By this record it is evident That the Kings Counsil in those dayes usually gave judgement in cases of difficulty and other common cases concerning the Law of the realm calling those who were learned in the Laws for Assistants therein Of which amongst many others we have a memorable president in the Pleas of Mich. 53 54 H. 3. rot 37. in the case of Assise of Mortdauncester brought by Alexander King of Scots against Iohn de Burgo for the Mannor of Westlye with its appurtenances before G. de Preston and other Justices in Eyre who determining nothing therein thereupon King Hen writ to the Justices to proceed to a speedy determination or else to adjourn it coram Nobis et Consilio nostro in Quindena Michaelis which they did When the King of Scots appearing by his Attorney and Iohn de Burgo in person before S. de Litlebyr Sociis suis Iusticiariis de Banco Rich de Middleton then the Kings Chancellor Thomas Basset Robert Augulon and Mr. Richard Staneâ— they resolved that the writ of Mortdancester would not lie in that case claiming both as heirs to one Ancestor but because the King of Scots title to it was as heir to Margaret wife of Hubert de Burgo they said to Iohn de Burgo that he should shew cause Quare praedictus Rex Scotiae praedictuÌ„ Manerium habere non debeat And so much touching the Counsils power and jurisdiction in former times Whose excessive power in later ages incroaching upon the Ordinary Courts of Justice Freeholds Liberties Properties of the Subjects to their great oppression and vexation thereupon in the late Parliament of 16 Caroli Cap. 10. there was an excellent Act made For Regulating the Privy Counsill and for taking
them at any one Session or Parliament and the attendance will prove so tedious to all or most that it will become a greater grievance to them than any they complain of and if they gain any relief it will be in effect a Remedy as bad or worse as the diseasâ— it cures Yea an express violation of Magna Charta ch 29. Nulli negabimus nulli differemus justitiam aut rectum Finally This patching of New Scotish and Irish Members into our old English Parliament will be so farre from uniting and contenting the three Nations and Parliaments in one that it will discontent and disunite them more than before and make the rent the greater upon every occasion as Christ himself resolves with whose words I shall close up this observation No man seweth or putteth a peece of new Cloth upon an old Garment else the new peece that filleth it up taketh away from the old and agreeth not with the old and the rent is made worse 5. That as the Writs of the Common Law are the foundations whereon the whole Law and subsequent proceedings do depend as Glanvil Bracton Britton Fleta heretofore Fitzherbert Thelwell Sir Edward Cook and others of later times resolve upon which account if the Writs be vicious erronious invalid illegal or null in Law they abate vitiate and annihilate the whole Process Declarations and Struotures grounded on them as all our Law-Books assert So the Writs of Summons to Parliaments and Great Councils are the very foundations and corner-stones whereon our Parliaments Great Councils and all their Votes Judgements Proceedings Acts Ordinances do depend Therefore if they be defective erronious invalid illegal insufficient or null in themselves the Parliaments and Great Councils convened by founded on them with all their Iudgements Proceedings Acts Ordinances must of necessity be so likewise as the Statutes of 1. Hen. 4. c. 3. 21. R. 2. c. 1. 39. 8. H. 6. c. 1. H. 8. c. 1. 17. E. 4. 5. 7. 1. H. 4. rot Parl. n. 1. 66. 1. E. 4. rot Parl. n. 8 to 17. 1. H. 7. c. 9. 27. H. 8. c. 24. in England largely evidence and the Statute of 10. H. 7. c. 27. in Ireland determines repealing a Parliament holden at Drogheda before Sir Robert Preston decreed and deemed void to all Intents by the Kings Council in Ireland 1. Because the Duke of Bedford Lieutenant of Ireland by whose Deputy it was summoned and held surrendred his Patent of Lieutenancy before the said Parliament summoned 2. Because there was no general summons of the said Parliament to all the Shires but onely to four Shires 3. Because the said Deputy had no mâ—nner of Power by his Commission to summon or kéep a Parliament For the which causes it was ordained and enacted that the Parliament to holden be deemed void and of none effect by the whole Parliament of Ireland Anno 10. H. 7. And the Parliament of 18. E. 4. ch 2. in Ireland touching the Election of Knights and Bâ—rgesses further manifests it 6. That the summoning as likewise proâ—â—guing adjourning dissolving of all Parliaments and Great Councils in England and Ireland is a peculiar inseparable royal Prerogative belonging onely to the Kings of England and incommunicable to any other person or persons yea to Parliaments themselves which cannot appoint a succeeding Parliament to be called but by the Kings consent and that though appointed to be held at a prefixed day and place to be summoned only by the Kings Writ That all Writs of Summons and Prorogation alwaies issued and of right ought to be issâ—ed onely in the Kings name stile authority whether absent out of or present within the Realm whether within age or of ripe years and that by his special Commands alone or his and his Councils joynt precept as the stile name contents of all precedent and subsequent Writs the subscriptions under them Per ipsum Regem per ipsum Regem Consilium per ipsum Regem Custodem Consilium in the Kings absence per breve de privato sigiâ—â—o c. the stile tenor of all Writs De expensis Militum Burgen sium the Statutes of 5. R. 2. Parl. 2. c. 4. 7. H. 4. c. 14. 6. H. 6. c. 4. 23. H. 6. c. 11. 27. H. 8. c. 24. 31. H 8. c. 10. most Acts of late times for the subsidies of the Clergy and Temporalty Tonage Foundage the Prologues to our ancient and modern printed Statutes the Kings Chancellors and others speeches upon the convention of most Parliaments in Parliament Rolls together with the Act of 16. Caroli for preventing of inconveniences happening by the long intermission of Parliaments Cooks 4. Institutes ch 1. and all who have written of our English Parliaments abundantly evidence and resolve beyond contradiction Hence our late King Charles in his Declaration of the causes of assembling and dissâ—lving the two last Parliaments Iune 13. 2. Caroli affirms That the calling adjourning proroguing and dissolving of Parliaments do peculiarly belong unto himself by an undoubted Prerogative inseparably uniied to his impertal Crown and the Statute of 16. Caroli c. 1. made by the unanimous consent of both Houses declares That by the Laws and Statutes of this Realm the appointment of the time and place for the holding of Parliaments and the summoning of them by Writ in the Kings Name hath alwaies belonged as it ought to his Majesty and his royal Progenitors and none else 7. That the Kings of England have as true full real and legal an haereditary right Title Interest Propriety in and to the Parliament as they have in and to the Kingdome and Crown of England as these Clauses in all their Writs of Summons Prorogations of Parliaments issued to the spiritual and temporal Lords Kings Counsil Sheriffs and Warden of the Cinque-ports resolve Ordinavimus quoddam Parliamentum nostrum c. tenere In ultimo Parliamento nostro post ultimum Parliamentum nostrum sitis ad nos ad Parliamentum nostrum and the like compared with Statum Regni nostri Angliae Et cum Praelatis Proceribus Regni nostris sicut commodum Regni nostri Diligitis Iura Coronae nostrae c. in the same Writs The Writs de expensi Militum Burgensium The Titles and Prologues of most printed Acts of Parliament The Statutes of 8. H. 6. c. 7. 23. H. 6. c. 11. 23. H. 8. c. â—3 27. H. 8. c. 24. 31. H. 8. c. 10. 1. Iac. c. 1. and sundry Writs in the Register stiling the Parliament the Kings Parliament his Parliament our Parliament in relation to the King and his Patents for creating Dukes Marquesses Earls Peers and Barons of the Realm granting them and their Heirs males Sedem locum in Parliamentis nostris Haeredum successorum nostrorum inâ—ra Regnum nostrum Angliae Therefore the Parliaments of England can no more exist or subsist without the King than the Kingdome or Crown of England the
the Writs of Summons and Prorogation attest 11. That for the most part all Writs of Summons and Prorogation both to the spiritual and temporal Lords Kings Counsil Sheriffs of Counties and Wardens of the Cinque-ports have the self-same Teste date Prologues yet now and then some of them are different in their dates yet very rarely in their recitals That there is frequently a different space of daies and times between the dates of the Writs of Summons and Resummons upon Writs of Prorogation and the daies of the first meeting of the Parliaments and Great Councils to which they are summoned and elected as you may easily discern by comparing them there being sometimes two months space or more sometimes fifty daies but usually forty daies or more according to the Charter of King Iohn between the date of the Writs and daies of appearance in Parliaments and Grand Councils Yet in cases of extream necessity upon sudden unexpected dangers I finde two Parliaments summoned to meet within the space of forty daies as in Claus. 4 E. 3. d. 19. Where there was onely two and thirty daies between the date of the Writ and Parliament which being unusual there is an express clause in the Writs that it should not be drawn into consequence for the future So in 28 Eliz. the Writ bore date the 15th of September and the Parliament was to begin the 15th of October following but thirty daies after All other Writs to my best remembrance these two excepted having at least forty daies between the Teste and daies of appearance that so the Members might have competent time to prepare themselves to repair to Parliaments and Great Councils after their Summons and Elections 12. That in ancient times our Parliaments and Great Councils were more frequently summoned to meet and appear on the Lords Day than on any other day of the week which abuse in succeeding times was reformed and quite discontinued even in times of Popery as well as since the reformation of Religion 13. That our Kings upon extraordinary publick dangers and other occasions may summon Parliaments Great Councils Convocations as often as they think meet That they were anciently summoned once or twice every year at least and some times thrice four or five times in one year according to the ancient Constitution in the. Council at Hereford Anno 673. Can. 7. The Law of King Alfred Rotul Ordinationum 5 E. 2. n. 31. 4 E. 3. c. 14. Rot. Parl. n. 14. 36. E. 3. cap. 10. 50. E. 3. Rot. Parl. n. 181. 1 R. 2. rot Parl. n. 95. 2. R. 2. rot Parl. n. 4. 5. 16 Carol. cap. 1. 14. That the more weighty difficult pressing urgent the occasions and dangers were of summoning Parliaments the more importunate vehement urgent mandatory minatory and compulsary were the expressions mandates clauses in the Writs of Summens for the Lords and Commons personal appearance and attendance without admitting any excuses or procurations and not to depart from them without special licence 15. That when any publick weighty businesses intended to be propounded dispatched in one Parliament or Great Council by reason of other businesses or shortness of time could not be propounded or concluded therein thereupon another Parliament or Council was soon after called to dispatch it the day and place whereof was sometimes appointed in and by the Parliament next preceding before its dissolution 16. That though anciently before the word Parliamentum came in use among our Ancestors Great Councils were the same in substance with Parliaments yet since the summoning of Knights Citizens Buâ—gesses and Barons of the Ports to Parliaments and the insertion of Parliamentum into the Writs of Summons and Statutes you may obâ—erve some differences between Parliaments and Councils and the Writs of Summons to them which are frequently distinguished in the margin of the Clause Rolls by this different entry Summunitio Parliamenti De veniendo ad Parliamentum c. Summonitio Concllil de veniendo ad Concilium c. The principal differences between them are these 1. That many Bishops Abbots and Nobles are usually omitted in the Summons to Councils which were usually summoned to Parliaments and seldome omitted in the summons to them unless absent in forraign parts 2. That many persons were summoned to Councils which wee never finde summoned to Parliaments 3. That there is no Clause of Praemunientes in the Writs of Summons to Councils issued to Archbishops and Bishops to summon their Chapters Deans Archdeacons and Clergy of their Diocess as there is usually in their Writs of Summons to Parliaments 4. That Writs of Summons to Councils issued to the Lords Great men are seldome accompanied with any Writs of Election for Knights Citizens Burgesses and Barons of Ports issued to Sheriffs or the Warden of the Cinqueports as Writs of Summons to Parliaments are and if any Knights Citizens or Burgesses be summoned to them it is in a different manner and number than when they were summoned to Parliaments 5. Writs of Summons to Parliaments are usually accompanied with Writs of Summons to the Kings Counsils but those to Councils are never attended with such Writs distinct from those issued to the spiritual and temporal Lords as Writs of Summons to Parliaments are Which differences some injudicious Writers and Antiquaries not observing have both confounded those Writs together as one and mistaken one of them frequently for the other 17. That the principal end scope of summoning Parliaments ought to be the common benefit ease profit welfare of the people the execution promotion of publick Justice the Peace and good Government of the Realm the reformation of all publick grievances and oppressions the enacting of wholesome Laws the maintenance of the Great Charters and Liberties of the people and freeing them from all unjust exactions impositions taxes not granted by Parliament nor warranted by Law the necessary defence of the Realm by common consent against forraign enemies and not to exact and impose unnecessary insupportable excessive endless Aids and Taxes on the people 18. That no publick war ought to be undertaken nor no Aids Taxes Imposts Customes or Tallages imposed on or exacted levyed on the people by our Kings or any other but onely by common consent and Grant of the Lords and Commons in a full and free Parliament though it be for the necessary defence of the Kingdome by Land or Sea the defence or regaining of the Lands and Rights of the Crown in forraign parts and that onely in moderate and just proportions granted onely for a short season and leavyed in a legal manner Nor no mens Rights precluded or forejudged in Parliament by any general Act before they bee heard Nor the Clergy taxed by the Lords and Commons but onely by themselves in their convocations 19. That the Writs of Summons to Parliaments enjoyning all the temporal Earls Peers Lords and Barons of the Realm and commanding them upon and in the Love
Nolentes ipsum Abbatem indebirè sic vexari concessimus pro nobis et haeredibus nostris quod idem Abbas et successores sui de veniendo ad Parliamenta et Consilia nostra vel haeredum nostrorum de caetero quieti sint exonerati imperpetuum Ita semper quod dictus Abbas succeâ—â—ores sui in Procuratores ad hujusmodi Parliamenta Consilia per Clerum mittendos consentiant ut moris est expensis contribuant eorundem In cujus c. Teste Rege apud West monasterium XV. die Februar Per petitionem de Parliamento After which Patent and entry this Abbot being summoned again in the lists of 27. 29 E. 3. upon complaint thereof there was this Memorandum made in the Clause Roll of 29 E. 3. Cancellaâ—ur Abbas Leycestriae quia habâ—â— Cartam Regis quod Non Compellatur vâ—nirâ— ad Parliamâ—ntum The Abbot of Tavistock was summoned to 5 Parliaments and Parliamentary Councils under H. 3. Ed. 1. and Ed. 3. the last whereof was in 23 E. 3. but never after yet King Henry the 8. in the 5. year of his reign created Richard Banham Abbot of Tavistocke and his successors to be one of the Spiritual and Religious Lords of the Parliament of himself his heirs and successors yet withall pardoned their absence at any time from Parliament by reason of their great distance from it paying only the fine of 5. marks for every time they should be personally absent into the Kings Exchequer as this Patent manifests Henricus c. Sciatis quod certis considerationibuâ— nos specialitè◠moventibus oâ— specialem devotionem quam ad Beatam Virginem Mariam matrem Christi sanctumque Rumonum in quorum Honore Abbatia de Tavistocke quae de fundatione nobilium progenitorum nostroum quondam Regum Angliae nostro patronatu dedicata existir gerimus et habemus hinc est quod de gratia nostra speciali ac ex certa scientia mero motu nostris volumus candem Abbatiam sive Monasterium nostrum gaudere honore priuilegio ac liberratibus spiritualium Dominorum Parliamenti nostri Haeredum successorum nostrorum Ideo concessimus per praesentes concedimus pro nobis haeredibus successoribus nostris quantum in nobis est dilecto nobis in Christo Richardo Banhaâ— Abbati de Tavistocke praedicto successoribus suis ut eorum quilibet qui pro tempore ibidem fuerit Abbas sit et erit unus de spiritualibus Religiosis Dominis Parliamenti nostri Haeredum successorum nostrorum gaudendo honore privilegio ac libertatibus ejusdem Et insuper de uberiori gratia nostra aâ—â—â—ctando utilitatem dicti nostri Monasterii considerando ejus distantiam Ita quod si contingat aliquem Abbatem qui pro tempore fuerit fore vel esse absentem propter praedicti Monasterii utilitatem in non veniendo ad Parliamentum praedictum Haeredum vel successorum nostrum quam quidem absentiam eidem Abbati perdonamus per praesentes Ita tamen quod tune solveâ— pro hujusmodi abâ—entia cujuslibet Parliamenti integri in nostro Scaccario suum per Attornatum quinque Marcas nobis haeredibus sive succeâ—â—oribus nostris totiens quotiens hoâ— infuturum contigerit In cujus c. Teste c. Vicesimo terâ—io die Ianuarii c. Sir Edward Cooke in his 4. Institutes p. 45. affirms this Patent to be void in Law but upon such a poor reason as will made all Temporal Lords Barons Earles and Dukes Patents likewise void if they hold not by Barony and I conceive it to be good in Law upon consideration of the premises that our Kings did at their pleasure without any special Patents of Creation summon what Abbots and Priors they thought meet to their Parliaments and omitted discharged them at their pleasures as the premises plentifully manifest beyond contradiction 5. It is most demonstratively and experimentally evident by this Table That the Kings bare writs of summons of Abbots Priors Masters of Religious Orders Deans and other Clergymen not holding by Barony and their sitting in Parliaments and Great Councils and debating consulting advising with the King and the rest of the Abbots Priors Bishops Earls Lords and Barons of the Realm in Parliament according to the tenor of the writs of Summons issued to them all in the self-same form did neither really or actually ennoble either them nor their successors for then by Sir Edward Cooks own doctrine they ought ex debito justitiae to have been summoned constantly during life and their Successors after them when they had been called by writ actually sate in one two much more if in three or four Parliaments when most of them who were summoned sate only in 1 2 3 4 5 6 7 or 8. Parliaments and no more and neither they nor their Successors were ever after summoned yea some of â—hem after above 20 30 40 50 and 60. summons to and Sessions in Parliaments under several Kings have been afterwards discharged or left out of the writs of Summons as no Barons nor Peers of the Realm because they held not by Barony of the King Therefore their writs of Summons and Session did only make them but momentany and quasi temporary Peers or Spiritual Lords pro hac vice only when and whiles they were summoned to and sate in any particular Parliament or great Coâ—ncil amongst the rest of the Prelates and Lords not after they were dissolved when both their temporaâ—ie Peâ—â—â—ge and Lordships if their writâ— and Sessionâ— made them Lords or Peerâ— pro tempore expired with the Parliaments And by the self-same ground reason the Kings summons of any Knights Esquires or other Laymen to Parliament by a general wriâ—â— who held not by Barony without any special Clause creating them Barons by writs or Parents and their actual sitting in Parliament can neither ennoble themselves nor make them Lords Barons or Peers of the Realm for life much lesse their heirs males in fee or for perpetâ—ity after their deceases but onely make them quasi Peers or Great men or rather Assistants to and joynt Coâ—nsellors with the Lords in Parliament pro tempore so long as the Parliaments to which they are summoned and in which they sit continue but no longer as I have elsewherâ— proved and shall further demonstratively evidence in the next Section against Sir Edward Cookes and others mistakes therein 8. That our Kings by their Prerogative and royall Authority alone did upon all extraordinary occasions summon what Abbots Priors Religious and Ecclesiastical persons they thought meet in the self same manner and by the self same forms of writs as they summoned the Bishops Abbots Peers and other Lords who were actual Peers and Barons of the Realm in greater or smaller numbers as they and their Council thought meeâ—est who sate consulted advised in Parliament together with the King and the rest of the Lords which royal Prerogative and Jurisdiction was never questioned
fide 〈◊〉 quibus Nobis tâ—nâ—mini only which is oft times inserted into the writs to the Temporal Lords and others of the Laity not peculiar only to the Clergy as in homagio ligâ—antia are to the Temporâ—lly The reason whereof I conceive to be groâ—nded on that of Littleton in his Chapter of Homage Sect. 86. If an Abbot or Prior or other man of Religion which extends to all Archbishops Bishops Deâ—n Parsons Prebends and other Ecclesiastical bodies Politick shall do homage to his Lord he shall not say IEO DEVEIGNE VOSTR HOME whence Homage hath its name and derivation as all Temporal Lords and Laymen ought to doe when they do their homage to the King or other Lords because he hath professed himself PUR ESTRE TANT SOLEMENT LE HOME DE DEâ—U But he shall 〈◊〉 say I do Homage unto you and to you I shall be true and faithfull and faith to you bear for the Tenements which I hold of you In which respect Glanvil lib. 9. c. 1 2. Bractonâ— 78. F. Britton cap. 68. 〈◊〉 3â— cap. 16. resolve Sâ—â—endum â—st quod 〈◊〉 liber 〈◊〉 â—asculus quam famina Clericus et Laicus major minor dum tamen electi in Episcopos POST CONSEâ—R ATIONEM HOMAGIUM NON FACIUNT quicquid â—ecerunt anie sed TANTUM FIDELITATEM Conventus aâ—tâ—m HOMAGIUM nec faciet de Iure sicuâ— NEâ— ABBAS NEC PRIOR â—o quod tenent nomine alieno scilicet nomine Ecclesiarum as Sir Ed. Cook likewise observes in his 1. Institutes f. 65. b. So that they doing no homage properly so stiled to the King after their consecrations nor using the words I become your man if we credit Lâ—ttleton in making their homage as the Temporal Lords do Therupon I conjecture the writs of Summons command the Temporal Lords and Laity to appear c. in fide â—t homagio et in â—ide et ligeantia quibus Nobis tenemini but the Prelates Spiritual Lords and other Clergy only in fide et dilectione they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Temporaâ—ties they held of him â—â—xcept only those that hold in Frankalmâ—igne as 29 E. 3. f. 38. a. Littleton Sect. 91 92 93. Sir Edw. Cook in hiâ— 1. Instiâ—utes on these Sections and other Law-books resolve For this I shall produce one memorable Record aâ—â—uring us that all the Archbishops Bishops Abboâ—s Priors and Clergy both in England and Ireland did and of right ought to swear fealty to the King as well as the Temporal Lords and Commons and prescribing Commissioners in Ireland to receive it from them Venerabiii in Christo Patri eâ—dem gratia Midden Episcopo et dilectis et fidelibus suis Mauricio filio Mauricii Justiciario suo Hiberniae et Mgistro Iohanni de Sâ—mford Escheatori suo Hiberniae salutem Cum defuncto jam celebris memoriae Domino Henrico Rege patre nostro cujus animae propicietur Alâ—issimus ad Nos regni Angliae gubernaculum et â—errae Hiberniae Dominium pertineant ob quod PRAELATI Comites et Proceres et Communitas Regni nostri Nobis tanquam Domino suo ligio et Regi FIDELITATIS JURAMENTUM et omnia alia quae Nobis ratione Coronae et Dignitatis Regiae ab ipsis fieri et praestari Nobis in absentia nostra poterun plenariè et sine omissione aliqua prompto et libenti animo PRAESTITERINT AC ARCHIEPISCOPI EPISCOPI ABBATES PRIORES Comites Barones Miâ—ites liberè tenentes ac tota Communitas terrae nostrae HIBERNIAE NOBIS tanquam REGI ET DOMINO SUO â—IGIO CONSIMILE SACRAMENTUM FIDELITATIS PRAESTARE TENEANTUR Dedimus â—obis potestatem recipiendi nomine nostro FIDELITATEM IPSORUM Iâ—a tamen quod si vos omnâ—s interesse ne quiveritis tunc duo velâ—â—us vestrum qui prae ensâ—u rit nihilominus plenaâ—iâ—m hab at potestatem recipiendi nomine nostro FIDELITATEM IPSORUM in forma praedicta Et id o vobi mandamus quod FIDELITATEM PRAEDICTAM nomine nostro recipiatis prout melius videbiâ—is expedire In cujus c. 〈…〉 Westm. 7 die Sept. Aâ—n 1 Eâ— 1. Hence I finde this IURAMENTVM EPISCOPORVM in Tâ—ttles Magna Charta printed London 1556. f. 164. b. being nothiâ—g else but the form of the Oâ—th of Fealty which the Bishops took to our Kings before they received their Temporalties out of their hands being the same in substance which the King of Sâ—ots anâ— his Temporaâ— Lords and English Barons and Laymen usually made to King Edward the 1. and his Successors conâ—inued 〈◊〉 these later times Ieo serra soâ—all et loyall et â—oy et loâ—altie porâ—â—ray AV ROY A SES Hâ—IRES ROYS DE ANGLITERRE de vie et de membres et de terrene honour contre toutâ— gentz qui pâ—yent vivre et mounir Et loyaâ—ment monstray et loyalment ferray les services qui appendent a la temporaltie de Levesque de M. la quelle â—eo claimor de tenir de vousâ— et laâ—quelle voâ—us me rendes Si moy ayde Dieu et ses Saints This Oath of Feâ—lty as Sir Edward Cook and others affirm was first invented and generally prescribed to all persons above 12 years of age by our famous British King Arthur who by vertue thereof ex pulit SARACENOS et Inimices â—egno But this certainly is a meer fable and gross mistake which I admire Mr. Lambard and Sir Edward Cook observed not for the Saxacens never invaded England in any age neither were they expelled the Realm by King Arthur but the Saxons who had then and formerly possessed themselves of a great part of Britain were vanquished and expelled by him in the years of grace 518 520 522 as Matt. Westminster Geoffry Manmouth Tho. Walsingham and other of our Historians relate yet not by vertue of this Oath which no Historian mentionâ— but of his arms and 〈◊〉 this Oath as I concâ—ive being rath â—râ—invented by our Saxon Kings than Kiâ—g Arthur and first prescribed by this Law of King Edmund son of Adelstan made at Culinton by advice of his Bishops and wise men about the year 944. Lex 1. Ut omnes jurent in nomine Domini c. FIDELII ATEM Edmundo Reg. SICVT HOMO DEBET ESSE FIDELIS DOMINO SUO sine omni controversia et seditione in manifesto et occulto c. Et quod ANTEQVAM IURAMENTUM HOC DABITUR ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo This Oath thus instituted was backed by the Laws of Edw. the Confessor of Will the Conq. Lex 78 79. published by Mr. Selden in whose reign all Bishops before their Consecrations did Homage to the K. as well as Fealty for their Temporalties Which though Archbishop Anselm opposed yet at last it was agreed between King Henry the first and him by assent of the Bâ—shops Abbots Lords and Great men in a Parliamentary
Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
Dilecto et fideli nostro only and that those of the bloud royal are for the most part though not alwayes first entred in the Rolls of summons 81y That when a Duke or Earl of England was made a real or titular King of any forein Realm his Royal title was alwayes mentioned in the writ Thus Iohn Duke of Lancaster King of Castell and Leon in all writs of summons to him after his forein Kingship was stiled Carâ—ssimo filio suo Iohanni Regi Castellae et Lâ—gionis Duci Lancastriae in the summons of 46. 49 50 ◠〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castellâ— Legionis Duci Lancastriae in all the writs issued to him under King Richâ—rd the 2d So if any Earl or Baron of England was created a Duke or Earl in Scotland France or Ireland his forein Titles were inserted into the writs as the Title of Cardinal or Patriarch of Ierusalem was inserted into the English Bishops writs created Cardinâ—ls and Patriarchs beyond the Seas Thus Gilbâ—rt de Vinf an l an English Baron being made Earl of Anegos and David de Strà bolgi Earl of Athol in Scotland Leonell the Kings son Earl of Vlster in Ireland the black Prince made Prince of Aquitain as well as of Wales and Iohn Duke of Lancaster Duke of Aquitan under Richard the 2d the were thereupon stiled Comiti Anegos Comiti Athol Comiti Vlton Principi Aquitaniâ— Walliae Duci Aquitaniae Lancastriae in the writs directed to them and if these their forein Titles were omitted in any Writs against them at the Common Law the writs would abate because they were English Peers and had these Titles inserted into their writs of Summons to Parliament where they sate in their Princes Dukes and Earls Robes amongst the rest of the Dukes and Earls But if any forein Duke Earl Lord or Baron of France Ireland Spain or Germany who was no English Baron Lord or Peer of Parliament was sued in the Kings Court by writ he might be stiled only a Knight or Esquire and needed not to be sued by the Title of Duke Earl Lord or Baron because he was no Duke Earl Lord or Baron at all in England but only in his own Country and should be tried upon an Indictment of Treason Murder or Felony only by an ordinary Iury and not by English Peers By which differences the Books of 39 E. 3. 3â— Brooks Nosme de dignity â—9 59. Parl. 4. 11 E. 3. Fiâ—zh Brief 473. 8 R. 2. Fitzh Proces 224. 20 E. 4. 6. Brooks Nosme de Dignity 49. Dyer â—60 b. Cook 7 rep Calvins case f. 15 16. 9. rep â—â—nchers case f. 117. 3. Instit. p. 20. 4. Instit. p. 47. are fully reconciled 9. That if any Earl Baron or Lord was Marshal Constable Steward Admiral Chancellor Treasurer or other great Officer of England or Warden of the Cinque ports his Title of Office was commonly inserted into the writs of Summons As Rogero or Thomae Comiti Naff Marescallo Angliae Avunculo suo carissimo Thomae de Wodestoke Constaâ—ulario Augliae Willo de Clâ—nton comiti Haâ—iâ—gdon Constabulario Castri Dover et Custodi quinque Portuum suorum c. What precedency these Officers had of other Earls Lords and Barons in Parliament you may read in the Statute of 31 H. 8. c. 10. and Mr. Sâ—ldens Titles of Honor. p. 901 c. 10. That in the lists of the Dukes Earls Lords and Barons names there is no certain order observed according to their Antiquity or Precedency but in some Rolls one is first entred in other Rolls others listed before them and they again postponed in succeeding lists Yâ—t generally for the most part â—hough not always the Prince of Wales is first entred before the rest the Dukes before the Earls the Earls Vicounts before the Lords and Barons and they before the Iudges or Kings Counsil and the Earl who was Marshal of England before the other Earls the Clerks entring their names promiscuously for the most part as the Writs came to their hands Some times the first Writs entred at large issued to one Earl Lord Duke Baron other times the Writs go to others without observing the Laws of Heraldry though in the reing of Edward the 3d. and afterwards their names are more methodically entred then before that time oft times in the selfsame order or with some small variations and transpositions So as the Precedency of the Earls or Barons and their places of sitting in the Parliament House cannot be certainly collected from or defined by the entry of their Writs of Summons or liâ—ting in the Eodem modo mandatum est or Consimiles litâ—rae but by custom and the Statute of 31 H. 8. cap. 10. 11ly That in some Clause Rolls there is one Writ to the Archbishop or some other Bishop first entred at large and another Writ at large to some one Earl or temporal Lord with an Eodem modo or Consimiles literae only entred to the rest there listed but most usually there is only but one Writ entred at large to one of the Archbishops or some other Bishops and then a short recital of some part of that Writ to one temporal Lord with an c. Teste ut supra and the like for brevity sake and an Eodem modo and Consimiles literae or some short entries of some special clauses of the Writ to all the other temporal Lords 12ly That in the Eodem modo and Consimiles Literae first the Bishops Abbots Priors and spiritual Lords then the Dukes Earls Temporal Lords Barons Justices Kings Counsils names are entred successively one after another after the first Writ which is singly entred in sundry Rolls without any Writ or part of Writ interposed between their names as if they had all the selfsame Writs in terminis issued to them But in most Rolls there is either a distinct Writ or part of Writ or an Eodem modo mandatum est c. mutatis mutandis interposed between the names of the Bishops Abbots Priors and Earls and Lay Lords likewise between the Temporal Lords and the Kings Counsil and Justices summoned to Parliaments with the usual clauses wherin the writs differ one froÌ„ another inserted into them which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo and Consimiles Literae without any Writ or part of a Writ or mâ—tatis mutandis interposed between theÌ„ omitted only for brevity sake by the Clerks who ingrossed the Rolls 13ly That the English Barons who were titâ—lary Earls in Scotland under the Kings Jurisdiction and Allegance were alwayes summoned and liâ—â—ed amongâ—â— the Earls of England in the Rolls of Summons not amongst the English Lords aud Barons who were no Earls witnesse Gilbert and Robert de Vmfranil Earls of Anegos in Scotland and David de Stabolgi Earl of Athol alwayes summoned to the Parliaments
England most of the Earls and Temporal Lords attending on them in person in their wâ—rrs and voyages into forein parts as on Ed. 3 H. 4 5 6. 3ly The Civil wars hapning now and then between the King Lords and Barons upon which occasion some of the Temporal Lords whiles in open hostility and rebellion against the King were now and then as I conjecture left out of the Lists of Summons because they could not be conveniently summoned or would not appear upon any summons if sent them 4ly The attainders or Outlawries of some Earls Lords and Barons of High Treason for their wars Insurrections Rebellions or other Treasons against the King which disabled themselves and their Posterities to be summoned to Parliaments till pardoned or restored by the King to theiâ— honours bloud Lordships Baronies and Lâ—nds 5ly The Alieâ—ation of some Baronies by teâ—ure by sales gifts marriages escheats or otherwise from one person name family to another whereby the former Barons only by Tenure were no more summoned after such Alienations but the new Tenants who purchased or possessed them 6ly The deceases of some Earls Lords and Barons without heirs males of their Bodies or the Infancy or nonage of their heirs males at the time of their deathâ— who usually had no writs of summons till their full age though the Prince of Wales and Kings own sons were sometimes summoned to Parliaments during their Minority as will appear by comparing the dates of their wriâ—s with the time of their births mentioned in our Historians but few Nobles else were summoned during their Minority for ought appears Minors being unfiâ— to be Senators Counseâ—lors Judges in the Supremest Council Judicaâ—ure of the Realm as I have elsewhere proved 7ly Our Kings Liberty and Prerogative who though obliged by the anâ—ient Laws and customs of the Realm the Conâ—â—iâ—utions of Clarindon the Great Charter of King Iohn Ad habendum COMMUNE CONSILIUM REGNI aâ— Auxiliis assidendis et de Scutagiis assidendis 〈◊〉 faciemus Archiepiscopos Episcopos Abbates COMITES MAIORES BARONES REGNI SINGILLATIM PER LITER AS NOSTRAS c. ex debito Iustitiae as Sir Edward Cook informs us to summon EVERY ONE OF THE TEMPORAL LORDS BY DESCENT OR CREATION being of full age by writs to our Parliaments when held yet they have likewise a Freedom and Prerogative to create New Earls Lords Barons by special Writs or Patents or to Summon what particular Gentlemen and others of Parts and Abilities they please to their Parliaments and Great Councils to counsel and advise them as the exigency of their affairs shall require and they and their Counsel shall think necessary pro hac vice tantum or so oft as they deem necessary without creating them Earls Lords or Barons for life or inheritance by their general writs of Summons as I have elswhere evidenced 38. That the Eodem modâ— mandatum est c. And Consimiles literae diriguntur subscriptis in the Clause Rolls are for the most part general without defining the Degrees and Qualities of the persons underwritten except Dukes and Earls specified by their Titles but few else besides them And sometimes special As Eodem modo mandatum est Comitibus et Baronibus subscriptis Consimile mandatum habent singuli Comites BARONES MILITES subscripti Consimiles Literae diriguntur Comiâ—â—bus BARONIBUS MILITIBUS SUBSRIPTIS So as it is a difficult matter certainly to define by the large list of names which of them were real Lords and Barons of Parliament and which not except those only who were usually summoned and listed in the Rolls amongst the Lords and Barons and their posterity after them or such who are expresly stiled either Barons or Lords in the writs or lists of names of which I shall give you one instance In the summons of Claus. 5 E. 2. m. 25. dorso in the Eodâ—â— modo mandatum est Comitibus et Baronibus subscriptis there is this List of names with a particular distinction made of their Degrees in the Margin declaring all in that Catalogue to be Earls and Barons and in no Roll else upon my best observation Guidoni de Bello Campo Comiti Warr. Adamaro de Valenâ— Comiti Pembr Hâ—mfrido de Bohun Comiti Heref. Essex Iohanni de Warenna Comiti surr Edmundo Comiti Arundel Roberto de Veer Comiti Oxon. Hugoni de Veer Hugoni le Dispenser Iohanni de Hastings Ioh. de Gifford de Brimesfeld Willo Martyn Iohanni de Ferrar. Willo de Mareschall Roberto de Clifford Iohanni de Somery Roberto Fil. Paganâ— Iohanni Botetourte Roberto fil Walteri Pagano Tybetot Bartho de Badlesâ—ere Iohanni de Segrave Pho. de Kyâ—e Edmundo Deincourt Iohanni de Grey Rico. de Grey Iohanni la Ware Willo de Echingham Thomae de Furnivall Iohanni de Clavering Peero Corbet Rado Basset de Draiton Iohanni Dengaine Engayne Fulconi Lestrange Willo le Latymer Fulconi fil Warrini Roberto de Ufford Iohanni de Bello Campo de Somerset Hugoni de Courtenay Rado de Gorges Henr. de Lancastr Mauricio de Berkele Thomae Bardolfe Roberto de Monte altâ— Iohanni de Mohâ—â— An exact Alphabetical and Chronological Table of all Dukes Earls Marquesses Princes of Wales and forein Kings summoned to the Great Councils and Parliaments of England from 49 H. 3. to 23 E. 4. with the numbers of the Parliaments years and dorses of the clause Rolls of each King when there were two or more Parliaments in one year to which they were summoned or resummoned by Writs of Prorogation p. in the parentheâ—is signifying the part d. the dorse and the next figures the membranaes of the dorse or dorses wherein they are recorded The other dorses you may find in the forecited Writs A ALbemariae Thomas Duke of Albemarl or Aumarle Uncle to K. R. d 2. summoned to Parl. 9 R. 2. Edward Duke thereof 21 23 R. 2. 1 H. 4. Thomas Duke of Clarence Earl of Albemarle so stiled in his summons 1 2 3 4 H. 5. Aâ—â—gos Angos Danegoâ— or Anguish Gilbert de Vmfravil Earl thereof summoned to Parl. An. 25 d. 25. 27 d. 16 18. 28 d. 3. 17. 30 d. 9. 12. 33 â—4 â—5 Ed. 1. 1 d. 11. 19. Ed. 2. Robert de 〈◊〉 Earl thereof summoned 2 3. 12 d. 11. 29. 1â— 14 d. 5. 2. 15 16 17 18. d. 5. 21 23. 34 â— 2. Gilbâ—â—t de Umfrâ—vil 6 d. 4 9 19. 36. 7 8 9. d 8. 28. 10 d. 1 5. 12 13 d. 1. 28. 14 d. 23 33. 15. 16 d. 13 39 17 18 20 21 22 d. â— 7. 〈◊〉 23 24 25 26 27 28 29 d. 7 8. â—1 d. 2. 21. 32 33 34 d. 4. 35. 36 37 38 39 42 43 44 46 47 49 d. 4 6. 50 E. 3. 1 d. 37. 2 d. 13 29. 3 d. 13 29. 3. d. 32 R. 2. All these 3 Umfravils though the Title of their Earldom was Scotish were all originally English Barons of Prodhow Kime in Lancashire
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
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
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
CAETERIS DE CONSILIO NOSTRO super dictis Negotiis tractaturi vestrumque consilium impensuri et hoc nullatenus omittatis Teste ut supra Without any Eodem modo to others Claus. 47 E. 3. d. 13. there is a writ issued to him with a different recitall as p. 67. and a personaliter intersitis Nobiscum et cum caeteris de Consilio nostro with Consimilia Brevia to 6 more Justices The like writ to him is in Clause 48 E. 3. dors 24. with Consimilia Brevia to 8 others whereof two are Masters These writs are entred after those to the Sheriffs and before the writs to the Warden of the Cinque-ports as the like writ to him is Claus. 50 E. 3. pars 2. dors 6. with Consimilia Brevia to 8 moâ—e the two last Mro Iohanni Barnet and Mro Nicho de Chaddeston as in the last before The next writs of this nature are in Claus 1 R. 2. dors 37 Claus 2 R. 2. d 13. both directed Iohanni Cavendish Capitali Justiciar suo and 11 others in both Rolls with a personaliter intersitis Nobiscum cum caeteris de Consilio nostro super dictis negotiis tractaturi c. But that of Claus 3 R 2 dors 32. runs thus Quod omnibus aliis praetermissis dictiss die loco personaliter intersitis Nobiscum CUM CAETERIS PRAELATIS MAGNATIBUS ET PROCERIBVS Regni nostri DE CONSILIO NOSTRO tractaturi vestrumque Consilium impensuri c. The like Ordinary writ issued to Cavendish and 9 others Claus 4 R 2 dorso 32 After which this form of writ is registred Rex dilecto Servienti suo David Hannemere salutem Quia de avisamento c. usque tractatum tunc Mandamus firmiter injungentes c quod diâ—tis die et loco personaliter intersitis ad faciendum pro Nobis et expeditione negotiorum nostrorum quod ad tunc ibidem fuerit faciend et hoc Nullatenus omittatis Teste Rege apud Westm 26 die Augusti In the Clause Roll of 5. R. 2. dorso 40. The writ entred is directed Roberto Tresilian Capitali Justic suo and 7 more Claus. 6 R 2. pars 1. d. 4. 7. to him and 8 others in both dorses Claus. 7 R. 2. d. 10. 17. to him and 7. others in both Claus. 8 R. 2. d. 35. to him and 10. besides Claus. 9 R. 2. d. 45. to him and 9 more Claus. 10 R. 2. d 42. to him and 12 others Claus. 11 R. 2. d. 24. to him and 11 more Claus. 12 E. 3. d. 42. the writ issued Waltero Clopton Capitali Iustic suo and 7 others Claus. 13 R. 2. pars 1. d. 6. Cl. 14 R. 2 d. 42. to him and 12 more Cl. 16 R 2. d. 37. to him and 12 others whereof the chief Baron of the Exchequer was one Clause 16 R. 2. d 23. to him and 11 others and d 32 to him and 12. more Claus. 17 R. 2. d. 30. to him and 12 others Cl. 18 R. 2. d 23. to him and 10 besides Claus. 20 R. 2. d. 11. to him and 11 more Cl. 21 R 2. d. 27. and Cl. 23 R. 2. d. 3. to him and 11 others The writ in Claus 1 H 4 d. 37. is directed Waltero Clopton Capitali Iustic suo and 12 others and still to the Chief Justice for the time being throughout his reign all or most of the rest of the Assistants being Justices whose names you may find in the ensning Table The writ in Claus 1 H 5 dors 9. issued Willielmo Hankeford Capitali Iustic suo c. But that in dors 37 Willielmo Gascoyne Capitali Iusticiario suo and 11 others most or all Justices and so throughout his reign In Henry the 6. his reign Claus. 1 H. 6. dors 22. the writ is directed Willo Hankeford Capitali Iustic suo and 10 more Justices and so in other years to the Chief Justice for the time being and other Justices In Cl. 1 E 4. d. 34. the writ issued Iohi Markham and 12 Justices and Lawyers besides and so throughout his reign to the Chief Justice and Justices for the time being and few else besides them Of later times both the Chief Justices Chief Baron and all the Kings Justices Barons of the Eschequer Serjeants at Law the Mr of the Rolls some Masters of the Chancery have been usually summoned as Assistants to counsell and advise both the King and Lords in all matters of Law and difficulty wherein their advice is necessary as also to carry messages Bills and Orders from the Lords to the Commons House and return answers from them upon such occasions when they please to return answers by them and not by Messengers of their own Usefull Observations upon the precedent Writs to and concerning the Kings Counsil summoned to Parliaments and Parliamentary Councils IT is observable 1. That in many antient Rolls and Lists of Summons to Parliaments and Parliamentary Councils there is no mention of any writs or summons at all to any of the Kings Counsil Justices Officers or others as there is in those forecited as namely in the summons in Claus 49 H. 3. d 11. 23 E 1. d. 2 3 4. 24 E. 1. d. 7. 25 E. 1. d. 6. 27 E. 1. d. 9. 16. 28 E. 1. d. 16 17. 30 E. 1. d. 9. 32 E. 1. d. 2. Cl. 33 E. 1. d. 8. Cl. 35 E. 1. d. 13. Cl. 3 E. 2. d. 16 17. 7 E. 2. d. 16. 9 E. 2. d. 22 18 E. 2. d. 5. 21 34. 20 E. 2. d. 4. Cl. 5 E 3. pars 2. d. 7. 1â— E. 3. p. 1. d. 15. 16 E. 3. pars 1. d. 39. 16 E. 3. pars 2. d 13. 29 E 3. d. 7. 32 E. 3. d. 14. 33 E. 3 d. 10. 34 E. 3. d. 35. 49 E. 3. d. 4. to omit others Which Parliaments it seemes were held without any of the Kings Counsil or Justices summoned to them or else the Clerks through negligence or slothfullness omitted the entries of their Writs or names in all these Rolls of Summons Therefore they are no essential Members of the Parliaments or Great Councils of England which may be held without them being none of the 3. Estates 2ly That there is no mention at all made of them in the usual ordinary writs to the Spiritual or Temporal Lords Sheriffs and Wardens of Cinque-ports in these most material clauses Parliamentum nostrum tenere Voâ—iscum ac â—um Praelatis Magnatibus Proceribus dicti regni nostri Angliae Colloquium haâ— bere volumus tractatum Or the personaliter intersâ—â—is Nobiscum ac cum dictis Praelatis Magnatibus et Proceribus dicti Regni super dictis Negotiis tractaturi vestrumque consilium impensuri which have never this Clause cum â—aeteris de Consilio nostro inserted into them Therefore they are no essentiall constitutive Members of our Parliaments or Great Councils but Assistants only to the King and Lords as there is occasion 3ly That those of the
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
away the Court commonly called the Starr-chamber fit to be put in vigorous execution against the transcendent infringers of it By all which it appears that the Kings Iustices and Counsil in Parliaments as well as out of them had formerly a principal hand in making Laws Ordinances and resolving points questions of Law and other matters of moment I shall close up my Observations on this Section with these 4. memorable Records relating to the Kings Counsell and the Nobles in Scotland and Ireland as distinct from his Counsell and Parliamentary Assemblies in England Cl. 37. H. 3. d. 9. Rex mandat quod Abbas Westm. -moretur in Anglin de Consilio Reginae propter recessum Regis ad partes Vasconiae Et mandatum est eidem Reginae quod ipsum ad hoc admittat accepto ab eo prius corporali Sacramento quod officium illud fideliter intendat T. ut supra Cl. 38. H. 3. dors 13. Rex H. Cantuar. Archiepiscopo salutem Cum quaedam ardua urgentia negotia Statum nostrum Regni nostri tangentia habeamus Vobis communicanda quae sine consilio Vestro aliorum Magnatum nostrorum noluimus expediri Vobis mandamus in fide quia Nobis tenemini firmiter injungentes quatinus sicut Nos honorem nostrum diligitis nullatenus omittatis quin à die Sancti Hillarii proximo futuri in quindecim dies sitis apud Westm. coram Regina nostra R. Com. Cornub. fratre nostro aliis de Consilio nostro super dictis negotiis tractaturi nec retardetis adventum vestrum quin sitis ad dictum diem tempestive Teste A. Regina R. Com. Cornub. apud Westm. The cause of this meeting is at large related in another Writ to this Archbishop forecited p. 3. 4. Upon the same occasion the King issued this Writ to the King of Scots entred in the same Roll and dorse Rex Regi Scotiae salutem Quia ratio Vinculi foederis inter nos contracti requirit quod Vobis fidelibus Vestris ardua urgentia negotia Statum nostrum terrae nostrae tangentia communicemus Vos Nobis vice versa Serenitatem vestram ex toto corde requirimus quatinus in Quindena Purificationis beatae Mariae prox futur apud Castrum puellarum de Edenburgh personaliter interesse velitis convocantes inducentes Praelatos Magnates Regni Vestri ut ad dictos diem locum representent se coram Vobis modis omnibus Nullo enim modo expediret honori proficuo nostro vestro quin modo praedicto ad praedictos diem locum compareatis audituri per nuncios nostros qui de Vasconia Vobis ibidem occurrent praedicta negotia arduissima urgentissima in quibus necesse est quod vos fideles vestri consilium vestrum pariter auxilium apponatis T. ut supra per Reginam Comitem It is observable that the King by this Writ doth not summon the King of Scots and his Nobles to his Parliament or Counsell of England as members thereof to advise and assist him in this necessitie notwithstanding the strict alliance and league between them but to assemble together at Edenburgh in their own country by themselves alone as the Officers and Nobles of Ireland were then also required to meet in Ireland by themselves by this ensuing Writ of the same date with the former Rex Mauricio filio Giraldi salutem Quia Rex Castell cum multitudine Exercitus Christianorum Saracenorum terram nostram Vasconiae in Quindena Pasche prox futur ingressurus est hostiliter non solum ad eandem terram destruendam occupandam set ad terras nostras Angliae Hiberniae per introitum dictae terrae si eam optineret quod absit invadendas aspirat Nos in propria persona nostra cum eodem Rege bellum campestre aggredi proposuimus de universa fidelitate vestra quam in agendis nostris fructuosam semper invenimus plenam gerentes fiduciam vos requirimus in fide qua Nobis tenemini affectuosè rogamus quatinus sicâ—t Nos honorem nostrum indempnitatem corporis nostri diligitis in hac necessitate nostra non parcentes personae aut rebus vestris nulla ratione seu occasione differatis quin poteritis vos praeparare ad veniendum ad nos in Vasconiam omnes amicos vestros ad hoc idem inducentes Ita quod sitis apud Waterford in Octabis Pasche prox futur cum equis armis bona gente prompti parati statim naves ascendere ad transfretandum ad Nos in terram praedictam Scitote indubitanter qui Nobis in hac parte subvenerint eorum amici erimus benevoli imperpetuum qui Nos in hac urgenti inexuperabiâ—i necessiâ—ate relinquerint de eis alias minus confidere poterimus eis minus grati erimus Nunquam etiam futuris temporibus tanta Nobis imminebit necessitas consilii auxilii sicut in presenti negotio Et ad regerendum vobis plenius pericula nostrorum Inimicorum Iohannem filium Galfridi Justiciarium nostrum Hiberniae ad partes illas misimus cui apud Dublinum ad in stantem mediam Quadragesimam una cum aliis Magnatibus nostris Hiberniae quibusâ—id mandavimus accedatis audituri voluntatem nostram cum ipâ—o super praemissis plenius tractaturi T. ut supra An Exact Alphabetical Table of all the Kings Counsil whether Judges Serjeants at Law Officers of State Deans Archdeacons 〈◊〉 other Clergy men or Laymen from 22 E. 1. till 23 E. 4. with the Yeares Rolls Dorses of each King wherein they were summoned to Parliaments By which you may finde who were Chief Justices Judges Officers in each Kings reign A IOhn Abell 5 d. 17. 6 d. 31. 7 d. 27. 8 d. 29. 9 11 d. 8. 14. 14 d. 23. E. 2. Magister Richard de Abyngdon 1 d. 8. 11. 19. 2 d. 11. 20. 5 d. 17. 6 d. 31. 16. 7 d. 2. 8 d. 29. 9 d. 22. E. 2. Magister Robert de Aileston Archidiac Berks 6 d. 9. 19. Thesaurarius Regis 7 E. 3. Richard de Aldeburge 3 d. 19. 7 8 E. 3. Peter Arderne 23 25 27 29 31 33 twice 38 H. 6. 1 2 6 E. 4. Magister Robert de Ashton 1 2 3 d. 13. 19. R. 2. Henry Asty and Astee 49 50 E. 3. 1 â— 3 d. 13. 19. 4 5 6 R. 2. William de Ayremine 6 d. 16. 7 d. 11. 27. E. 2. William Ayscogh 20 23 25 27 28 29 31 H. 6. William Ayshton 23 25 27 28 29 31 33 38 H. 6. 1 2 E. 4. B VVIlliam Babington 7 H. 5. 1 2 3 4 5 7 9 10 11 13 H. 6. Iohn Bacun 11 d. 8. 14. 14 d. 23. E. 2. Thomas Bacoun 7 p. 2. d. 3. 8 d. 18. E. 3. Magister Robert de Baldock 11 d. 11. 19. Archidiac Midd. 12 d. 11. 29. 13 d 13. 14 d. 23. E. 2. Iohn de
Henry la Warre 12 14 H. 4. 1 H. 5. William Westbury 5 7 9 10 13. 18 20 23 H. 6. Iohn de Westcote 6 d. 17. E. 2. William de Weston 17 19 E. 2. 2 d. 23. 31. E. 3. Philip de Willoughby Decan Lincoln 23 d. 9. Cancell Scac. Regis 28 d. 3. 17. 30 d. 9 10. 32 E. 1. Richard de Willoughby Willughby 3 d. 19. 4 d. 19. 41. 5. d. 7. 25. 6 d. 9 10 30. 7 8 9 10 d. 1. 5. 11 d. 11. 40. 12 13 d. 1. 28. 14 d. 23. 33. 20 22 d. 7. 32. 23 24 25 26 31 d. 2. 21 E. 3. Robert de Wodehouse 14 d. 5. 23. 15 16 E. 2. Archidiac Richmond 3 d. 19. Thesaurarius Regis 4 d. 19. 41. 5 d. 7. 25. 12 13 d. 1. 28. 14 d. 23. 33. 16 17 E. 3. William de Wychyngham 42 43 44 47 49 50 E. 3. 1 2 R. 2. Magister Gerrard de Wyspanes Archidiac Richmond 2â— d. 9. 28 E. 1. X WIlliam Yelverton 23 25 27 28 29 31. 33 38 Miles 49 H. 6 1 2 6 9 E. 4. Magister Thomas Younge 34 d. 4. 36 37. Offic. Cur. Cancellar 39 42 43 44 47 49 E. 3. Thomas Younge 49 d. 6. â— 6. 6 9 E. 4. Z MAgister William de la Zousche Decanus Ecclesiae beatae Mariae Ebor. Thesaurarius Regis 11 d. 11. 12 13 d. 1. 28. 14 d. 23. 33. E. 3. Where the Dorses are for brevity omitted in any years of this or any the precedent Tables after a particular name you may readily find them in the precedent Sections in the writs to the Prelats Temporal Lords and Counsil which are all entred together in the self-same Rolls and Dorses when they all occurr General useful Observations on and from the precedent Writs of Summons mentioned in the premised Sections and the 7. Sections next ensuing in the second part following them HAving thus presented you with 3 distinct Sections or Squadrons of Writs of Summons to our Parliaments Great Councils and Convocations issued to Arch-bishops Bishops Abbots Priors and other Ecclesiastical Lords the P. of Wales Dukes Earls Barons Temporal Lords and great men of the Realm the Kings Counsil Iustices with some useful particular Observations on them in each Section I shall for a close of this first part of my breif Register Kalender and Survey of them superadd some general necessary Observations on and Conclusions from them and the 7. next following Sections which I intended to have annexed to this first part of my Register but now shall reserve for the second for the further information of the Readers the benefit of Posterity and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments First From the manifold rare delightful Varieties Forms Diversities and distinct kinds of Writs of Sommons transcribed out of the Clause Rolls in a Chronological method Vaâ—ied from time to time by our Kings their Chancellors Counsellors and Officers who formed them as there was occasion without the privity or direction of their Parliaments before the Statutes of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires and none else for preventing and rectifying abuses in such elections but prescribed no set unalterable future formâ— for those or any other Writs of Sommons leaving the King and his Counsil at Free Liberty as before to vary and alter them as they saw just cause The Judicious Readers may clearly discern what little credit is to be given to Reverend Sir Edward Cookes obâ—ervation in his slight discourse Touching the VVrits of Sommons of Parliament which are to be found in the close Rolls from time to time Which begins thus Aâ—d it is to be Observed that the substance of the VVrits ought to continue in their Original Essence without any Alteration or Addition unlesse it be by Act of Parliament For if Original VVrits at the Common Law can receive no Alteration or Addition but by Act of Parliament A multo Fortiori The Writs of the Sommons of the Highest Court of Parliament can receive no Alteration or Addition but by Act of Parliament c. But had this great Oracle of the Law diligently considered the manifold varieties of the Writs of Sommons to Parliaments With their several Alteraions and Additions made from time to time upon emergent occasions without any Act or Order of Parliament Or had he remembred old Bractons and his own distinction of these two different sorts of Original VVrits in the places he refers us to in his margin viz. Brevia Originalia quaedam sunt formata sub suis casibus de cursu De communi Concilio totius Regni concessa et Approbata quae quadem Nullatenus mutari poterint absque consensu et voluntate â—orum quaedam Magistralia et saepe variantur secundum varietatem casuum factorum et quaerelarum and that by the Masters and Clarks of the Chancery themselves according to the variety of every Mans case as himself and the Statute of VVestm 2. c. 23. resolve us without any Act or common consent in Parliament And then judiciously pondered that Writs of Sommons to Parliaments are all of this latter kind only Migistraliâ— and frequently varied according to the several varieties of the causes Publick grievances Dangers Emergences Businesses Complaints occasioÌ„ing their Sommoning expressed usually in these Writs different Prologues he would certainly never have made such a strange erronious Observation as this upon these Writs contradicted by so many Presidents on record in all former ages nor alleaged such a pittiful mistaken Argument a multo Fortiori and such Authorities to justifie it Which diametrically contradict both his reason and observation the Writs of Sommons being all of them Magistralia not Formata sub suis Casibus as the miserably mistook them to be Therefore if such Magistral Writs are ofâ—â—imes varied according to the variety of cases facts and complaints in particular mens cases by the Clerks of Chancery and Cursitors themselves without Act of Parliament a multo fortiori may Writs of Sommons to Parliaments of the self same kind which concern the great weighty affairs of the King Kingdom and Church of England be varied altered by the King himself with the Advise of his Great Officers Judges Council according to the variety of emergent occasions requiring Parliaments to be called without any Act or consent of Parliament authorizing it notwithstanding Sir Edwards groundlesse Assertion to the contrary though prefaced with and it is to be observed as I conceive it will henceforth be for a great mistake although formerly believed as an undoubted Truth upon his Ipse dixit whose venerable reputation hath canonized many of his Apochryphal conceipts which have dangerously seduced most Students and Professors of the Law with others who peruse his Institutes for whose better Information and Vindication of
the truth alone I have upon all just occasions both detected and corrected his formerly undiscerned Errors and this here insisted on I hope without just offence to any of his surviving Friends or Progeny if they consider the duty and protestation of every ingenuous Christian and Chronographer thus briefly expressed by St. Paul 2 Cor. 13. 8. We can do nothing against the truth but for the truth Secondly It is observable that the word Parliamentum is but once used or mentioned in any Writ of Sommons Act Statute Charter Patent or other Record that I have yet seen either before or during the Reigns of King Iohn or Henry the 3d. but only the word Concilium Commune Concilium Colloquium Tractatum placitum magnum c. which frequently occur and are alwayes used in them to expresse that Assembly of the States by which in after times and now is usually called Parliamentum The very first mention and use of this word in any Writ or Record I have perused is in the Writ of Sommons to the Cinqueports Cl. 49. H. 3. d. 11. soÌ„moning theÌ„ ad instans Parliamentum nostrum The next is in the Writ of Prorogation of the Parliament Cl. 3. E. 1. 20. in dor where it is twice thus meÌ„tioned in the Writ Generale Parliamentum nostrum eodem Parliamento and once in the Margin Do veniendo ad Parliamentum And this Writ assures us that it was used in the Original Writs of Sommons to this Parliament though not extant compared with the printed Prologue to the Acts therin established The Writs of Sommons from 3. to 23. E. 1. being not extant in the Rolls the next use of this word I find is in the Writâ— of Sommons Prorogation in Clauâ— 23. E. 1. dorse 9. Cl. 28. E. 1. d. 3. 17. Cl. 30. E. 1d 7. 9. Cl. 32. E. 1. d. 1. Cl. 33. E. 1. d. 9. 10. 21. Claus. 34. E. 1. d. 2. and Claus. 35. E. 1. d. 13. In all which Writs under King Edward the first not onely Colloquium Tractatum but also the word Parliamentum is mentioned and also thus expressed in the Margin of the Rolls De Parliamento tenendo Deveniendo ad Parliamentum De Parliamento Prorogando And so is it likewise in the Writs de expensis Militum qui venerunt ad Parliamentum Regis clau 28. E. 1. dors 12. cl 29. E. 1. d. 17. cl 33. E. 1. d. 15. cl 34. E. E. 1. d. 11. and cl 35. E. 1. d. 14. In the Writs and Rolls of Sommons and De expensis Militum Burgensium under Edward the 2d it is commonly used and mentioned as the premises evidence Yet I find Parliamentum totally omitted again in sundry other Writs of Sommons and Prorogations and the words Colloquium Tractatum Commune Consilium only made use of in them as in cl 23. E. 1. d. 2. 4. cl 24. E. 1. d. 7. cl 25. E. 1. d. 25. cl 27. E. 1. d. 9. 16. 28. cl 28. E. 1. d. 3. cl 1. E. 2. d. 11. 19. cl 2. E. 2. d. 11. 13. 14. 20. cl 9. E. 2. d. 17. and in some other succeeding Rolls yet in the Margin over against these Writs I find in divers of these Rolls De Parliamento tenendo De veniendo ad Parliamentum Summonitio Prorogatio Parliamenti written though the words Parliamentum be not extant in the Writs themselves The first use of the word Parliamentum in any Act or Statute in my Observation is in the Prologuâ— to the Statutes of Westminster 1. An. 3. E. 1. which it stiles Son Primer Parliament general apres Son coronement The next usage of it is in 7. E. 1. Rastal Armour 1. Wherein it is twice mentioned After which I find it used in the Prologue of Westminster 2. 13. E. 1. and c. 24. In the Statute of Merchants 13. E. 1. The Statutes De Quo warranto De terris vendendis emendis 18. E. 1. The Statute of Waste for Heirs end of Defending Rights 20. E. 1. The Statutes De non ponendis in Assisis and De Malefactoribus iâ— parcis 21. E. 1. The Statute of Persons appealed 28. E. 1. And the Prologue to Articuli super cartas the same year The Statutes De Escheatoribus 29. E. 1. The New Statutes of Quo warranto 30. E. 1. Ordinatio Forestae 33. E. 1. De asportatis Religiosorum c. 1. In most succeeding Prologues to all Statutes and divers Acts ever since King Edward the 1. it is commonly and frequently used as also in our Historians in that age In the Prologue to Articuli Cleri An. 9. E. 2. there is this observable Recital Sciatis quod cum Dubum temporibus Progenitorum nostrorum Regum Angliae in diver sis Parliamentis suis similiter postquam Regni gubernacula suscipimus In Parliamentis nostris c. Ac nuper in Parliamento nostro apud Lincoln c. Attributing this title of Parliamentum not only to the Parliamentâ— held under Edward the 2d and first but to General Councils of State and Conferences held by our Kings Lords great Men in the Reigns of their Progenitors who were totally unacquainted with this Word and never used it for ought I can yet discover It is agreed by all who have written of the Antiquity or use of our English Parliaments that the word Parliamentum is no proper Latin word for that we call a Parliament but Colloquium Tractatus commune Concilium Regni nostri still reteined in the Writs of Sommonâ— as well since the use of the word Parliamentum grew common as before in was inserted into such Writs That it is originally a meer French Word first introduced amongst us by the Norman Monkes or being taken from the French who stiled the publick conventions of their Kings and Princes a Parliament in their own Language and coyned this new Latin word Parliamentâ—m out of it But when and by whom it was first introduced and used in England is a great dispute amongst truly judicious Antiquaries Many there are who conceive it to be used in the Sâ—xons time and long before the reign of King Henry the 3d because many Latin and English Historians and Chronologers who have written since the Reign of King Henry the 3d. do sometimes give the title of Parliamentum Parliament to our great Councils and Assemblies of the King and of the spiritual and temporal Lords in those ancient times in their relations of them But this questionless is a gross mistake since not one of all their great Councils in any of their Titles Prologues Laws Cannons Edicts Acts recorded by Brompton Lambard Sir Henry Spelman Wheâ—lock Fox and others nor any of our Historians living and writing in those times before the later end of King Henry the 3d. as Gildas Beda Aâ—helwerdus Asser Menevensis Ingulphus Willielmus Malmes buriensis Eadmerus Florentius Wigorniensis Simeon Dunâ—lmensis Aelredus Abbas Henry de Huntindon Sylvester Gyraldhes Gulielmus
That this Oath was made by unanimous consent of the Queen Lords and Commons in Parliament 2. That it was five years a probationer and approved ratified by two successive Parliaments before it was imposed upon any Members and not actually administred to any till the Parliament of 8. Elizabeth 3. That it was imposed onely upon the Members of the Commons House not upon any temporal Lords or Barons of the Realm 4. That the principal end of prescribing it was to abolish the Popes usurped supremacy and prevent his and his instruments Traiterous attempts against the Queens person Crown Kingdome discover persons popishly affected and seclude them from sitting or voting in the Commons House if elected returned unless they should first take this Oath Not to debar or exclude any real Protestants when duly elected from entring into the Parliament house to discharge their trusts and duties 5. That it appoints no Officers or armed Guards forcibly to seclude any Knight Citizen Burgess or Baron of the Ports till hee hath openly taken and pronounced this Oath but onely layes 2 particular inhibition upon every such Member himself not to enter the House without taking it under the disabilities and penalties therein mentioned leaving every Member a liberty to seclude himself in case hee were unsatisfied or could not in conscience or prudence take this Oath but authorizing none else to keep him perforce out of the House if hee had a mind to rush into it without taking it After this the Parâ—iament of 3. Iacobi c. 4. upon the detection and prevention of the inâ—ernal Gunpowder Treason of the Pope Iesuites and Papists to blow up the King Queen Prince Lords Commons and Parliament when all assembled together in the Lords House November 5 Anno 1605. by unanimous consent of the three Estates made and prescribed a New Oath of Allegianoe to all persons except Péers of the Realm who actually were or should be suspected to be Papists for their better discovery and conviction without imposing it upon any Members of either House Which Oath many Papists oppugning with false and unsound Arguments though tending onely to the declaration of such duty as every true well-affected subject not onely by his bond of Allegiance but also by the commandement of Almighty God ought to bear to the Kings Majesty his Heirs and Successors Thereupon the Lords and Commons in the Parliament of 7. Iacobs when this Oath had been approved four years space not onely enacted ch 2. that every person who should henceforth be naturalized or restored in blood should first take this oath but to shew their great approbation thereof humbly prostrating themselves at his Majesties feet did earnestly beseech him that the same Oath might be administred to all his Subjects what soever And thereupon it was enacted ch 6. That all and every Knights Citizens Burgeâ—â—es and Barons of the Five-Ports of the Commons House of Parliament â—before hee or they shall be permitted to eâ—ter the said House shall make take and renew the said corporal Oath upon the Evangelists before the Lord Steward for the time being or his Deputy or Deputies without imposing any disability or penalty or appointing any Officers forcibly to seclude those from entring who refused it Since these recited Acts all Members of the Commons House have constantly taken these two Oaths voluntarily without coercion or forcible seclusion before they entred or sate as Members in the House The last Parliament of 16. Caroli in their first Act for preventing the inconveniences happening by the long intermission of Parliaments enacted That all and every the Members that shall be elected to serve in any Parliament hereafter to be assembled by virtue of this Act shall assemble and enter into the Commons House of Parliament and shall enter into the same and shall have voices in Parliament before and without the taking of the several Oaths of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding Provided alwaies that if the Kings Majesty his Heirs or Successors shall at any time during any Parliament hereafter to be assembled by vertue of this Act award or direct any Commission to any person or persons whatsoever to take or receive the said Oaths of all or any Members of the Commons House of Parliament and any Members of the House being duly required thereunto shall refuse or neglect to take and pronounce the same that from thenceforth such person so refusing or neglecting shall bee deemed no Member of that House nor shall have any voice therein and shall suffer such pains and penalties as if hee had presumed to sit in the same House without Election return or authority These Statutes being all in their full force never legally repealed authorizing no Officers nor Souldiers whatsoever forcibly to seclude or punish any Member of the Commons House for not taking both or either of these two Legal Oaths of Supremacy and Allegiance ratified by so many indubitable Parliaments one after another and backed by the solemn League Covenant and Protestation it is neither in the power of the King himself or his Counsil nor of the House of Lords or any other persons whatsoever much less of the Commons House alone or any prevailing party in it who never in any age had the least Legal right or authority to administer an Oath in any case to any witness or person whatsoever much less to impose any New Oaths upon their fellow-Members sitting with them or secluded by them and on all succeeding Members of that House in future Parliaments to enforce any New Oath or Engagement whatsoever inconsistent with or repugnant to these two Legal Parliamentary Oaths or to suspend exclude or eject any Knight Citizen Burgess or Baron of the Ports duly elected and returned from sitting or voting with them in the Commons House for refusing such new Ingagement or Oath it being directly contrary not only to the Freedome Priviledge of our English Parliaments Laws Liberties but to the very letter of the Petition of Right ratified by K. Charles himself which complained of and provides against the administring of any Oath not warranted by the Laws and Statutes of this Realm and enacts That no Man hereafter shall be called to take such Oath as being repugnant to their Rights Liberties the Laws and Statutes of the Land much less then no Members of Parliament enforced by their fellow-Members to take such an Oath or else be suspended secluded the House of Commons that former proceedings of this kind in the case of Loanes wherein such an oath was prescribed exacted should not be drawn hereafter into consequence or example Yea contrary to the House of Commons Remonstrants of the State of the Kingdome 15. Decemb. 1641. who therein charge the Kings evil Counsellors That New Oaths have been enforced upon the Subjects against Law and new Iudicatures erected without Law which some who thus remonstrated have
regne du Roy Henry Sisme pâ—is le conquest primerement unâ— Commission du Roy fait desoutz son grande Seal directâ—z al Honorable puissent Prince Humphry Duc de Glocestre son-Uncle per la quell le Roy avâ—iâ— done poiar a mesme son Uncle a tenit le dit Parlement en le nom du Roy folonâ— laffect la contenuz de mesme la Commission en la preseucâ— de'l dit Duc seant en la Chambre de peinte deinz In Palayes de Westm. anxy de les Seignieurs espuelz temperelz les Chivalers des Countees des Citeins Burgeois del Roialme Deingleterre pur toute lay Comme de mesme la Rolalmâ— au dit Parlement tenuzilleoqes alors esteantz â—uit overtement le eâ—z dont le tenure-cy ensuyt Heâ—ritus Dei gratia Rex Angliae Franciae Dominus Hiberniae omnibus ad quos praesentes litetrae pervenerint salutem Sciatis quod cum de avisamento Concilii nostri pro quibusdam arduis urgentibus negociis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae contingentibus quoddam Parliamentum nostrum apud Westm. Die Lunae prox ante sestum Sti. Martini prox futur teneri ordinavimus Et quia vero propter certas causas ad Parliamentum Praedictum personaliter non poterimus interesse Nos de circumspectione industria carissimi Avuncuâ—i nostri Humfredi Ducâ—s Gloucestr plenam fiduciam reportantes eidem Avunculo nostro ad Parliamentum praedict nomine nostro iâ—choand in eo procedend ad facienda omnia singula quae pro Nobis per Nos pro bono regimiâ—e gubernatione Râ—gni nostripraedicti ac aliorum Uominiorum nostrorum eidens Regno nestro pertinentâ—um ibâ—dem suerint faciend Nec non ad Parliamentum illud â—â—â—iendum dissolvendum de assensu Concilii nostri plenam tenore praesentium committimus potestaâ—eâ—s Dante 's ultâ—râ—us de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Dusibus Comitibus Baronibus Militibus quam omnibus aliis quorum interest ad Parliamentum nostrum praedictâ— conventuris similiter tenore prâ—sentum in mundatis quod eideâ—â— Avâ—â—culo nostrâ— intendantâ—â—â— praemissiâ—â—â— forma supraâ— dictâ— In cujus rei testimonium has literas nostras fieri fecimus patentes T. mâ—ipsa apud Westm. 6 dis Novembris Anno Regni nostri primo The like Commission I finde made to the same Duke in the Parliamant Roll of 2. H. 6. n. 1. word for word except in those additional words and clauses in the Commission it self Nos de circumspectione fidelitate industria c. Eidem Avunculo nostro ad Parliamentum praedict nomine nostro inchoand negociaque praedicta exponend ac declarand ac exponi declarari faciend necnon in negociis illis Parliamento praedicto ac omnibus singulis in eo emergentibus procedeâ—d c. Neâ—non ad Parliamentum illud si necesse fuerit continuand prorogand ac ad idem Parliamentum finiend c. plenam committimus potestatem quam in eventu praedicto Parliamento nostro tempore aliquo forsan in persona nostra adessâ— contigerit revocare intendimus Dante 's c. Ut supra with the like in other Parliaments during this Kings Minority and in 33 H. 6. rot Parl. n. 30. It is observeable that none of these Custodes Regni or Protectors had any power given them to summon or hold Parliaments in their own Names or by their own inherent Authority as Protectors nor to create new Peers or Barons of the Realm by Writs or Patents for ought I finde the very words of their Patents and the Parliaments of 1. H. 4. rot Parl. n. 24 25 26 2 H. 6. rot Parl. n. 15 16. 6 H. 6 rot Parl. n. 22 23 24. a notable Record 8 H. 6. rot Parl. â— 13. 33 H. 6. rot Parl. n. 30. to 42. resolving the contrary By all these forecited Commissions Patents and the Patent to the Protectors themselves during the Kings Minoritie enrolled in the Parliament Roll of 1. H. 6. Num. 24 which I have elsewhere published it is most apparent That as the Scripture and New Testament it self in express terms resolve The King alone to be the Supream Magistrate So the Common and Statute Laws Lawyers Writs Records and Parliaments of England have alwaies hitherto resolved declared proclaimed as Bracton l. 1. c. 8. l. 3. c. 16. f. 134. l. 3. c. 3. 9. Fleta l. 1. c. 5. 17. The Parliament of Lincolne 29 E. 1. 16 R. 2. â— 5. 25. H. 8. c. 19 21. 22. 26 H. 8. c. 1. 27. H. 8. c. 15. 28 H. 8. c. 7 10. 31 H. 8. c. 10 15. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 35 H. 8. c. 1. 3 27 19 37 H. 8. c. 15. 1. E. 6. c. 2. 1. Eliz. 5. 1. 3. 4. 5 Eliz. c. 1. 8 Eliz. c. 1. 1 Iac. c. 1. 2. 3. Iac. c. 4. 7 Iac. c. 6. The Prologues of all ancient Parliaments and the very words of the Oathes of Supremacy and Allegiance prescribed to all Members of the Common House Judges Justices Officers Barristers Attornies Sheriffs Graduates Ministers and School-Masters by our Parliaments abundantly evidence The King of England alone not the Custos Regni Protector nor any other person whatsoever nor the Pope himself to be the onely Supream Governour Head Magistrate of the Realm of England and the Dominions thereunto annexed and that in and over all spiritual and ecclesiastical persons things causes as well as temporal without recognizing any other Soveraign Lord Governour Magistrate for ought I finde in History or Record 10. That the causes of summoning and proroging all Parliaments ought to be generally or particularly expressed in the Writs of Summons and Prorogation together with the precise daies whereon and places wherein they are to meet upon the Summons or Prorogation that so all may know â—ertainly at what time and place to meet That the daies and places of their meeting and prorogation were absolutely in the power of our Kings who varied them according to emergent occasions and the places of their necessary residence For instance When the wars or affairs of Scotland drew our Kings and Nobles towards the Northern parts they usually summoned or prorogued their Parliaments to York Karlisle Newcastle Stanford Lincolne Leycester Northampton Cambridge Stainford Conventry Nottingham When the wars and businesses of France called them towards the South they frequently summoned their Parliaments to Winton Salisbury Southampton Canterbury When the wars or negotiations of Wales or Ireland occasioned their removal towards them they convened their Parliaments at Gloucester Worcester Salop Hereford Bristol Oxford or Malborough But most usually they were summoned and prorogued to Westminster or London as the center and Metropolis of the Realm and the most indifferent and convenient place of meeting as
House of Lords who should have restrained reformed these their unparallelld extravagancies which I could prove by hundreds of sad Instances and have briefly hinted in my â—lea for the old Lords page 413. to 419. For which very reason they ought now to be restored being an excellent Bank and Screen between the Prince and People to assist each against any encroachments on the other and by just judgements to preserve that Law which ought to be the Rule between every one of the three and trusted with a Iudicatory power to this very end 3ly Some of those very Members of the late Commons House Army and Whitehall who would disseise them of their House Privileges Birthrights and antient Iurisdiction before they took upon them the Title of Lords or of the House of Lords as pretended Members of the Commons House a little before and since their votes against the old House of Lords as Committees of that House or Commissioners in their new â—rected High Courts of Iustice Members of the Counsil of State at White-Hall or Counsil of Army-Officers or Major Generals and Deputy Major Generals have acted a thousand times more exorbitantly arbitrarily tyrannically to the subversion of the Fundamental Laws Liberties properties Government Justice of the Nation oppressing improverishing vexing dishinheriting destroying enslaving of the Freemen of England than ever any old Lords or House of Lords or Kings of England in Parliament heretofore did in any age whatsoever Witness their usurpations of a more than absolute Parliamentarie power to themselves by their own Votes Orâ—ers Declarations alone to alter new model over and over the whole frame of our Parliaments Laws and publike Government their electing Knights Citizens Burgesses for what they stiled a Parliament without the least privity or election of the people their dissolving declaring the long Parliament to be dissolved against an expresse Act of Parliament their repealing many old Lawes Acts Oathes enacting new Lawes contrary to them creating New Treasons and misprision of Treasons yea imposing heavy excessive New Taxes Customes Excises of all sorts on the three Nations not only in their private Westminster conventions but by their Armie and Whitehall Ordinances amounting to a large Folio Volume without any Parliament or legall Act of Parliament ordering them to be levyed by fines forfeitures sales of the refusers reall and personal esâ—ates imprisonments soldiers quartering and the like Injoysing All Courts of Iustice Iudges Iustices Sheriffs Officers of this Commonwealth Counsellors Attornies and other Persons to conform themselves accordingly without any opposition or dispute whatsoever and committing their very Counsel to the Tower as Traytors or Grand Delinquents only for arguing their Cases upon an Habeas Corpus in Westminster Hall according to Law and their Duties Their taking away the lives liberties or estates freeholds of thousands without any legall Triall or Indictment of their Peers their banishing confining imprisoning close imprisoning hundreds yea thousands at a time upon meer fears and jealousies and binding them and all their servants in excessive bonds with sureties their disfranchising Maiors Bailiffs Aldermen others in corporations enforcing divers to release their legall actions Judgements Executions and committing them at their pleasures till they did it against the expresse tenour not only of the Grand Charter Petition of Right and other Acts but the very letter of the late Act For preventing of Inconveniences happening by the long intermission of Parliaments The Acts for the 3. first subsidies of Tonnage and Poundage The Act for regulating the Privy Counsell For declaring unlawfull and void the late proceedings touching Ship-mony and other Acts passed by some of their own Votes in the Parliament of 16. and 17. Caroli of which or the like exorbitances no ancient Peers or House of Lords were ever yet guilty And if some of those persons who would usurp or abridg the old Lords power have been so arbitrarie tyrannical in all kinds before they claimed the Title of Lords or House of Lords how exorbitant in all probability are they likely to grow in a short time having Command in the Armie and other Courts if they should be established in their new Lordly Power and the old House of Lords put by who should correct restrain these their unparalelld Excesses for the whole Nations ease and benefit 4. If these new Peers be in truth Law Herauldry no true or real Lords Barons Peers of the Realm by their Writs of Summons for the premised reasons but meerly imaginary Titular and false ones like those created by the usurper King Stephen then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them according to the tenour of the Writs of Summons nor establish any settlement that can be reputed legal or obligatory to Posteritie in a Parliamentary Way if the ancient reall Peers and legal House of Lords be set aside and disowned And therefore they must of necessity own close with them alone and remit them to their old hereditary right else they can never make nor expect any real lasting settlement of our distracted State and Government and all they vote will quickly prove abortive illegitimate as the late New-models Instruments and Advices have done 5ly The setting aside the ancient Lords and House of Peers and establishing their very Disseisors in their places as the only future Lords and House of Peers will both justifie all their recited Exorbitances Excesses Violences Tyrannical proceedings against the old Lords their Fellow Commons others transcending Straffords Caterburies and the worst old Counsel-Table Lords excesses by many degrees ratifie yea reward crown them with the highest publick Honour Trust Power they are capable of even in Parliaments themselves Which will not onlie probably excite encourage others in succeeding times to the like dangerous extravagancies excesses to the publick prejudice and desolation but animate them when setled in their new Lordly Authority to pursue their former practises and turn greater Tyrants Oppressors in all kinds then formerly they have been to the utter enslaving of our Nations and embroyling them in new Tumults Yea how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times is worthy sad and serious consideration For if the Commons House shall not onlie silently connive at but openly approve and assent to the dissolving suppressing of the old Lords and their House by pretext of former illegall unrighteous Votes meer nullities by all Lawes made by a Fragment of a dissolved House of Commons sitting under a force not having the least Jurisdiction or power of Judicature over them against all rules of Justice the very fundamental Lawes of the Land the undoubted Rights and Priviledges of Parliament Prescription time out of mind all old late Acts Records of Parl. their very Solemn League Covenant Protestation and hundreds of late Declarations and Remonstrances to the contrary They may justly
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by
* See here p 12. â— See my plea for the Lords * P. 194 to 208. * P. 218 219 220. * See Hoveden p. 533 534 540 541 545 546. Here p. 204 * Here p. 217 218. * Here p. 185 186. * Cook 4. Instir p. 1. * See My Minors no Senators * In my plea for the Lords * See my Plea for the Lordâ— p. 21 22 35. 〈…〉 p. 217. * 4 lustâ—â— p. 1. * See my Plea for the Lords Epistle to the Reader and p. 147. to 161 * Here p. 163 164 171 c. Comitibus â—aronibus Boronibuâ— * Seldens Titles of Honor. pars 2. ch 4. sect 3. 4. 5. 6. to 20. * See Claus. 32 E 3. doâ—â— 14. a 4 E 4 f 4 â— Bâ—ook Officer 25. 34 II. 8. c. 24. b 4. Institutes p. 44. 45. c Mr. Seldens Titles of Honor. p. 370 to 376. Spelmanni Glostarium p. 3. 4. d My Plea for the Lords p. 151. to 160. e Instit. p. 1. f Mat. Paris p 884 See my Plea for the Lords p. 21. 22. 23. 24. 25. c. g See Mr. Iohn Rushworth his Historicall Collections p. 240. 241. c. * Mr. Rushworths Historical Collections p. 361. to 375. * Glossarium p 80. * Seldens Titles of Honor. p. 663. 665. 747. 748 751. 757. 763. a See here p. 160. 161. b See here p. 217. 218. 219. c See here p. 221. 222. My Plea for the Lords p. 278. 279. 282. d See Mr. Râ—shworâ—hs Hâ—storical Collections p â— 40 â—41 242. 243. â—44 â—67 to 376. d See the Proposiriâ—ns my Speech in Parliament p. 43. 44. * As King Iames acknowledged See Mr. Râ—shworths Historical Collections p. 25. to 34. e Febr. 6. March 17. 19 An. 1648. f Ianuary 2 An. 1649. a Titles of Honor. p. 650. b Hist. l. 2. c. 2. Militâ—s De veniendo ad Parliamenâ—um De mittendis Jurisperitis ad Parliamentum * Without cum caeteris de Consilio nostro * With cum caeteris de Consilio nostro twice reciâ—ed in 2. of them and buâ—once in the oâ—ther Clericis Consilii â—usticâ—ar De veniendâ— ad Regem De interessendo Parliamento * See Cookes 4 Instit. p. 24. * Cookes 4 Insâ—it p. 4. * Sec â— 341 342. * See my Table to An Exact Abridgement Title Councils and Counsellors a 4 Instit. p. 4. * See p 357 a See my Table to the Exact Abridgement of the Records of the Tower Title Counâ—ell * 21 E. 1. roâ— 4. 22 E. 1. rot 5. Cooks 2 Instit p. 508. The 2d Part of my Demurrer p. 123. * 2. Institutes p. 106. 707. 568. a See this Ordinance inrolled at large Claus. Ann. 33 E. 1. m. 13. dorso in Cedula and remembred by Mat. Westm. pars 2. p. 451 452. * Then in being but since not extant b Placita in Parl. Anno 33 E. 1. roâ— 17. 2â— * See Poultons Statutes at large p. 39 43 44. * See Claus. 38 11. 3. dors 13. De Magnatibus Vocatis ad Consilium Claus. 38 H. 3. dors 13. Claus. 3â— H. 3. dors 13. a 4. Institutes p. 10. b Bractan l. 5. f. 413. Britton 122. 227. Fleta l. 2. c. 12 West 2. c. 23. 1. part of the â—nstiâ— Sect. 101 f. 73. b. c Lib. 5. f. 413. d Instis. f. â—3 b. e See the 2. and 3. part of my Historical Collection and Vindication My Abridgement of the ancient Councils and Parliaments of Eng. f Matth. Westminster 2. p. 363 264 387 321 405 411 415 438 439 463 464 col 1965 1977. f Cookes 1. Instit. p. 109 110 4. Instit c. 1. Cromtons Jurisdiction of Courts Ch. 1. The Antiquity of the Parliaments of England by Justice Dodridge and others p. 43. 65 66. * The Antiquity of the Parliament of England p. 78 79. writes that this word was first brought into this Realm by the French Monkes and first used by the Statists in the time of H. 1. that Abbot Ingulphus first used it who dyed in the year 1109. h See Balaeus Script Brit. cens 4. c. 26. p 315 316. i Edit Tigrui 1589. p. 674. 677. 686. 687. k Ibidem p. 702. 707. l Scriptorum Brit. Cen. 4. c. 94. a See the Praeface to Mat Paris and Mat Westm 〈◊〉 Script Brit. Cent. 6. c. 31. b Mr. Seldens Praeface Historiae Anglicanae Scriptoreâ— X. Londini 1652. c Chron. Johannis Brompton Col. 866. l. 50. 908. l. 36 937. l. 28. 1005. l. 65. 1066. l. 62. 1058. l. 66. 1282. l. 66. d Polychron l. 7. c. 38. e Ypodigma Neustriae Londini 1574. p. 61 62. f 4 Inst. p. 12. 341. 1. Instit. f. 10. 2. Instit. p. 7 8. g See Spelmaâ—ni Concilia p. 534. h De Eventibus Angliae Col. 2463 2491 2528 2549. i Gul. Lambardi Archivon The Antiquity of the Parliaments of England p. 28 29. k Titles of Honour p. 613. 738 to 745. l In his Letter Mr. William Hackwel m Preface to the 9. Reproof n Spelmanni Concil p. 534. o See my seasonable Legal Historical Vindication part 3. p. 231 232 233. â— 11. p. 40. * 7. Jac. c. 6. p A Collection of Ordinanceâ— p. 420. K. 430. q 3 Caroli r Mr. Rushworths Historical Collections p. 423. s Exact Colection p. 8. a 37. H. 8. c. 26. 34 H. 8. c. 26. * See my Argument of the case of the Lord Maguire * A Collection of Ordinances p. 877 878. * See the Independency of England by Henry Martin 1628. * Ordinatio pro stabilitate terrae Scotiae cl 33. E. 1. dorse 13. Cedula Rustal Partition 2. 1. Jac. c. 2. 16. Caroli here p. 414 415 416. * See Mr. Rushworths Historical Collections p. 237. * Mark 2. 21. * Luk. 5. 36. a De Legibus consuetudini Regni Angliae b Lib. 5. c Cap. 48. d Lib 2. c. 12. e Praeâ—ace to Naâ— Brevium f Dâ—gest of Writs g 1. Instit. f. 73. b. h Britton c. 48. Statham Fitzherbert Brock Thelwel Ash Title Brief Abatement de Brief Errour i Here p. â—3 k See Mr. Rushworth his Historical Collections p. 4 10 c. l Seldens Titles of Honour p 663 665 747 748 751 757 764 c. m 4 Inst p. 3. n King Chaâ—les his Declaration 13. June 2. Car. Mr. Rushworths Historical Colâ—ectiods p. 411. o My Legal Vindication against illegal Taxes p Here p. 43 44 46 50 51 52 67 68 80 84 85 86 87 c An exact Abridgement of the Records in the Tower p. 542 543 552 561 597. q Here p. 9. 41 42 44 46 48 49 50 93 64. r Exact Abridgement of the Records in the Tower p. 564 568 869 592 658. * In the second part of my soveraign power of Parliaments Kingdomes p 67 68. b 1 Pet 2. 13 14. 1 Tim. 2. 2. Prov. 8. 2. 4 Dan 2. 37 38. * Walsingham Hist Angl. p. 55 56 Mat. Westm. p. 435 536. Henry de Knyghton de eventibus Angl. l. 3. c. 13. Col. 3529. s Hen. p. 31. i See p 7 10 11 15 16 17 18 19 21 24 27 30 63 64 162 164 168 169 171. 343 348 c. u Beda Eccles Hist. l. 4. c 5. Spelmanni Concil p. 153. x Horneâ— Myrrour p. 1. Cooks 1. Instit f. 110. â— y See p. 13 14 19 21 27 28 44 177. z See p. 27 28 29 32 41 43 177. a See p. 19 20 â—4 30 38 39 40 4â— 48 52 57 62 63 174 187 to 192. b See p. 11 12 13 29 45 48 49 53 54 56 59 63 64 67 74 88 93. Hoâ—ns Myrrour ch 5. sect 11. p. 282. c See p. 6 7 8 12. 17 45 46 6â— 68 70. 71 72 73 74 76 77 131 to â—24 232 233 234. * 23 H. 6. c. 12. 6. H. 8. c. 16. Registerâ— 192 Cooks 4. Instit p. 46. 1 H. 5. Rot. Parl. n. 26. a Mat. Farker Antiq. Eccles. Brit. tan p. 113. 114. 124. 125â—â— 198. 333. Godwins Catalogue of Bishops in Canterbury and York b Claus. 6. E. 3. m. 13. dorso c Autiquitates Eccles. Brit. p. 1â—8 333. d Patent An. 6. E. 3. part 2. m. 15. e My Plea for the Lords p. 371. to 419. * See Cooks 4. Instit. p. 15. to 21. 5 R. 2. Sâ—at 2. c. 4. My Plea for the Lords p. 29. 9. H. 8. c. 16. f James Baggs case Cooks 11 Reports f. 93. tâ— 100. g Bracton l. 5. c. 5. f 412. See my Ardua Regni h See my Plea for the Lords Objection Answer * Exact Collection p. 321. * Exact Collection p. 321. * See their Whitehall Ordinance of 24. Decemb. 17. March 1653. and May 4. Iune 8. 1654. The first part of my Seasonable Legall Historicall Vindication London 1655 p 67. to 100. The Instructions to the Major Generalls My Summary Collection of the Fundamental Rights Liberties Properties of all English Freemen p. 53. to 64. * See p. 240. a Ea quae contra leges siunt non solum inutilia sed etiam pro infectis habenda sunt Justin. Cod. l. 1. Tit. 22. Gratian Caus. 25. qu. 2. b Mr. John Rushworths Historical Collections p. 43 44 47 50 51 53 57 140 151 195 360 362 365 410 to 417 643 631 672 c. Appendix p. 1 2 c. c The Declaration of the General Officers of the Army 22 August 1653 p. 4 5 6. A true State of the Common-wealth of England p. 2. to 14. d Gratian Causa 25. qu. 2. f. 493. See Littleon sect 178. Cooks 1 Instit f. 23. 11 Report f. 98. 9 H 6. 55. Brook Officer 44 48 51. Here p 450. * See Retorna Brevium Cromptons Jurisdict of Courts f. 2. Daltons Office of Sheriffs the Returns Indentures in the Tower Rolls * See their Declaration Votes of Jan. 2. Feb. 6. March 17. 19. 1648. The 2. Part of the History of Independency * See A true State of the Common-wealth of England p. 8. to 16. * Dyer f. 60. a. Cooks 4 Instit p. 1. 3. * See Here p. 28 29 31 41 43 177. My Plea for the Lords p. 23. to 30. 49 to 55. m 2â— H. 3. c. 9. An Exact Abridgment of the Records in the Tower 1. Table Law Old and Common Law n See Here p. 366. to 394. * Claus. 43 H. 3. 4. dorso * Horatius â— p. 200.