particularly nam'd But for this a resolution by all the Judges of England in the Reign of Hen. the 8th is a full Authority where 'T is adjudged that the King may hold his Parliament without such Lords as come onely upon the account of their Possessions The same in effect Mr. Selden tells us in in his Notes upon Eadmerus Neque eos speaking of Barones duntaxat ut hodie significare quibus peculiaris ordinum Comitiis locus est sed universos qui saltem beatiores regia munificentia c. Latifundia possidebant So that he was of opinion here that there were several who had great Estates of the immediate grant of the Crown who yet had no Seat in the House of Lords I would not be thought to assert any thing dogmatically I onely offer by way of learning some thing which perhaps will be look'd on as Paradoxes at the least I divide not my matter into Heads and Positions because I run counter to the sense of many great names and the direct opposing such in Thesi would be invidious and gain a disadvantage to the authorities I produce If any body will take the pains to shew me by authentick proofs and warrantable reasons that all or most of the Records or Histories by me cited or others not occurring to me ought to be taken in a sense contrary to what has appeared to me I shall thankfully receive and acknowledg his instructions but till then I must crave pardon if I cannot swallow or digest any Learned Modern Antiquarie's bare ipse dixit where I find the best of our Historians and a Series of Records in my Judgment diametrically opposing and contradicting their Positions and Assertions I am aware that besides the many slips of an hasty Pen and the weakness perhaps of several of the inferences which amongst some avocations may have pass'd neglected There is a material Objection against the foundation of the whole which is the general agreement of Records and Histories that till the 48th or 49th of Henry the Third all Proprietors of Land came to the Great Council without any settled exclusion when yet we many times find that the Councils were held in Churches or Halls and yet at those times 't is said that the Populus were there as if the Great Men were the standing Representative Body of the Nation and answer'd for all the People the Freeholders of the Nation To which I answer according to the modus tenendi Synodos which I may apply to the civil Councils That the probi homines or bonae conversationis came sometimes in their own Persons and when they agreed to it which was no abridgment of their personal Right they came by representation ex electione and every one was there himself virtually by his Deputy but they often met in vast Bodies and in capacious places both in the Saxon times and after William the First obtained the Imperial Crown The whole body of Proprietors were assembled at Runemed between Stanes and Windsor at the passing of King John's Charter and if we believe Matth. Westminster it was not unusual for the Kings of England long before King John's time at that very place to meet their People to treat of the Affairs of the Kingdom Maximus Tractatus habebatur inter Regem et Barones de pace Regni inter Stanes Windsoram in prato quod dicitur Runemed quod interpretatur pratum Concilii eö quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur This shews the usual places of Assembling to have been large enough for all the people which are in so many Records and Histories Printed and in Manuscript said to have been present at the Great or General Councils I shall conclude with one Instance of the Parties present at such a Council which is deliver'd with sufficient perspicuity Anselm in one of his disputes with Henry the First desires the debate may be adjourn'd till the Easter following Differantur haec si placet usqu in Pascha ut audito Episcoporum regnique Primatum consilio qui modò non assunt respondeam hinc Upon this Anselm comes to the Court at Easter Igitur in Pascha Curiam venit regni ingenuitatem praesens consulit Communi consilii vocem accepit c. Here the Council Episcoporum et Primatum to which he referr'd himself was reciprocal with the ingenuitas regni that is as Sir Henry Spelman shews us the liberi et legales homines the good honest Freeholders some of which were no better than Plebeians And therefore this authority alone especially as 't is strengthned by those others to the same purpose which I have cited absque dolo et malo ingenio evince to me That he or they who put out the Second Part of Sir Spelman's Glossary did not do right to his Memory in representing him affirming That the plebs the ingenuitas or liberi et legales homines as he himself tells us the word ingenuus has anciently been us'd are no where amongst the several Councils which he had read of mention'd to have been there from the entrance of William the First to the end of Henry the Third The words to this purpose which I conceive are put upon him are these Sine ut sodes dicam collegisse me centenas reor comitiorum edictiones tenoresque plurimorum ab ingressu Gulielmii ad excessum Henrici 3. existentium nec in tantâ multitudine de plebe uspiam reperisse aliquid Indeed notice being taken of those Councils where were Optimates et Barones totius Angliae and of that famous Assembly at Salisbury-Plain of the Barones et Vicecomites cum suis Militibus in pursuance of the Summons of William the First the positiveness of the assertion is restrain'd with a ni in his dilituerit But what doubt can be made of those words whereby they are expresly mention'd and that according to the true Sir Henry Spelman I am not yet aware of FINIS ERRATA PAge 3. l. 16. r. Tzurick for Tours p. 5. margin r. contemporaneo p. 8. l. 12. for William read Hugh p. 9. l. 9. r. Attendance p. 10. l. 7. add laici before omnes p. 12. l. 29. joyn a to part p. 17. l. 4. r. fuerat p. 25. l 6. add est de before antiquo l. 7. dele est de p. 27. marg r. Hil. for Mich. p. 35. l. 3. add è before tota p. 40. l. 22. r. illuc l. 19. r. Knight for Knights p. 45. last l. r. antequam p. 47. l. 4. dele Comma after Sheriffs l. 15. r. vias l. 19. dele s after Knight p. 53. l. 28. make a Comma after Kings title l. 29. r. election p. 60. l. 28. add is after that p. 63. l. 18. r. of for in p. 64. l. 14. put a Comma after only p. 65. l. 15. r. 't was p. 66. l. 7. put a Comma after Nobility l. 10. after Londoners make a Comma so
more than the King's Tenants the Earls Barons and Freeholders of Chester gave by themselves Prince Edward afterward King Edward the First was in the 44th of H. 3. Count Palat. of Chester and he had his Common Council there wherein he consulted for the good of his Palatinate apart from the great Council of the Nation Barones Milites Cestrenses quamplures alii ad sum Domini Edw. coram ipso Domino Edw. apud Shorswick super statum terr illius Domini Edw. Consul propon quae hab proponenda Nay so careful were they that the Kings Feudal Jurisdiction should not interfere with the Earls or other Lords there that they insisted upon it as their Prerogative so say many Records that if one held by Knights service of the King and of any Lord within the Palatinate also the Heir should be in Ward to the Lord there not to the King and so by consequence of the other Incidents and attendance at the Kings Courts so that those of the County of Chester could be no part of this Common Council which therefore was not general In an Inquisition taken 22 Edw. 1. Dicunt quod a tempore quo non extat memoria tam temporibus Comitum Cestr quam temporibus Regis Hen. Patris Domini Regis qui nunc est ac tempore ipsius Domini Edw. Regis nunc secundum consuetudinem per quandam praerogativam hactenus in Com. Cestr optentam ufitatam Domini feodorum in Com. praedict post mortem tenentium suorum custodiam terrarum tenement quae de eis tenentur per servitium militare usque ad legit aetat haered hususm ten licet iidem tenentes alias terr ten in Com. praed vel alibi de Domino Rege tenuerunt in Capite semper huc usque habuerunt habere consueverunt c. King Edward the First sends Arch. Ep. Ab. Pri. Com. Bar Mil. omnibus aliis fidelibus suis de Com. Cestriae and desires them that since the Prelati Comites Barones alii de Regno which one would think took in the whole Kingdom had given him the fifteenth part of their moveables they would do the like and we find a Record of their giving a part from the rest of the Kingdom Cum probi homines Communitas Comitatus Cestriae sicut caeteri de Regno nostro 15 m. omnium bonorum suorum nobis concesserunt gratiosè So that these were then no part of the commune concilium Regni within this Charter and no man can shew that they were divided since the time of William the First 2. There were others who were obliged or had right to be of the Common-Council of the Kingdom though not upon the accounts mentioned in this Charter which if it appear then this was not the only Common Council of the Kingdom or the full form of it because there were Common Councils wherein were other things treated of and other Persons present For this it is very observable there is nothing but Aid and Escuage mentioned nothing of Advice or Authority given in the making of Laws which were ever enacted with great solemnity and all the Proprietors even of Palatinate Counties were present in Person or Legal Representation when ever a general or universal Law was made that bound the Kingdom But to wave this at present I shall give one instance from Records that others were to come or had right besides they that came upon the account of Tenure as here mentioned The Pope writes to King Hen. 3. in behalf of some of his great men who had complained to the Pope that he had excluded them from his Councils The King answers that they had withdrawn themselves and that Falcatius de Brent the chief of them was by the advice of the Magnates totius Regni all the great men of the Kingdom called and admonished to receive the Judgment of the King's Court according to the Law of the Land Cum aliâs teneatur ratione possessionum magnarum officii maximi quod habuit in Curiâ nostrâ ad nos in consiliis nostris venire non vocatus Although besides the obligation to obey the King's Summons he was bound by reason of great Possessions and a very considerable Place at Court to come to the King's Councils though not called that is when ever it was known that a Council was to meet which might have been done by an Indiction of an Assembly without sending to any body This shews very plainly that there were others to come to the Great Councils besides those that were to come to those Common Councils and other occasions for meeting for confine it to the persons and causes here specified they were to have Summons the Majores Special the Minores General by the Sheriffs and 40 days notice whereas the King said and could not be ignorant of King John's Charter which was but 10 years before that Falcatius was to come without Summons But there is a further irrefragable Argument in the Negative viz. that this Commune Consilium Regni was not the Great Council of the Nation And that is the Judgment of a whole Parliament in the Fortieth of Edw. the Third above three hundred years ago when 't is probable that they had as clear a knowledge of the Laws Customs and Publick Acts in King John's time as we have of what past in the Reign of Henry the Eighth It appears by the History that King John had resigned his Crown in such a Council as this here it was Communi Consilio Baronum nostrorum and yet the Prelats Dukes Counts Barons and Commons upon full deliberation in Parliament resolve that the resignation was void being contrary to the King's Oath in that 't was Sanz Leurassent without their Assent And the King could not bring the Realm in Subjection Sanz assent de eux If it had been in the Great Council of the Kingdom though it was not possible for the parties then at Council to have been assenting personally to King John's Resignation yet they had assented by a Natural as well as Legal Representative as has been long since shewn by the Judicious Mr. Hooker To be commanded we do consent when the Society whereof we are part hath at any time before consented without revoking the same afterwards by the like universal Agreement Wherefore as any man's Deed past is good as long as himself continueth So the Act of a publick Society of men done five hundred years past sithence standeth as theirs who presently are of the same Societies because Corporations are immortal That King John resigned his Crown without a Parliamentary Consent is to be taken for granted after this solemn determination the only question is whether 't was with the consent of his Curia or such a Commune Consilium Regni as his Charter sets forth The King had summoned his Military Council to Dover in the 14 of his Reign as in the third he had
for him though the Princes the heads of the Assembly were against him This Controversie is adjourned to the Curia on Whitsontide which still was no ordinary one Anselm was celebrating a Curia by himself when he should have attended at the King 's according to the adjournment but it seems he expected special Summons which he has accordingly by word of mouth no formal Writ but Messenger The King tenuit Curiam suam in ipsâ festivitate apud Windlesoram and there were Proceres et coadunata multitudo a very Solemn Convention The Authority cited by Sir Hen. Spelman says that the Clergy was not at the Council at Roch. in quo fermè totius regni nobilitas praeter Episcopos Clerum convenitur so that it would seem a President for that Parliament in the time of Edward the First taken notice of by Bishop Jewel of which he says our publick Monuments that is Records have it Haâ—ito Rex cum suis Baronibus Parliamento et Clero id est Arch. et Ep. excluso statutum est There it seems the Lords and Commons who undoubtedly came at that time without relation to Tenure are Barones sui But whether the Council at Roch. had the Clergy present or no the Bishops and Barons tell Anselm at another Great Council how much soever he thought the Assembly on his side that placitum habitum est contra se his pretences were over ruled totius regni adunatione Yet notwithstanding their sense then delivered they gave a farther day till Whitsontide so that in effect 't was Judgment nisi then indeed Anselm with a side Wind got an Advantage of the King he cunningly waves the question whether he might swear Obedience to the King and puts it only whether the Pall were to be received from the Pope or the King and carried that Point that it belonged to the singular Authority of Saint Peter This was a General Council on the Feast day Adquievit Multitudo Omnis unde cum omnes silentio pressi conticuissent Statutum est It seems till the Multitude rested satisfied the Law could not pass But two years after on Whitsontide was held no more than the Ordinary Curia Cum igitur in Pentecoste festivitatis gratiâ Regiae Curiae se presentasset peractis igitur festivioribus diebus diversorum negotiorum causae in medium duci ex more coeperunt That 't was usual when the height of the feasting was over to go to the Tryals of Causes or Matters of Ordinary Judicature In August following is held a Great Council the King being de Statu Regni acturus Then he sends out a General Summons In sequenti autem mense Augusto cum de Statu Regni acturus Rex Episcopos Abbates quosque Regni Proceres in unum praecepti sui sanctione egisset dispositis his quae adunationis illius causae fuerant c. Anselm asks leave to go to Rome but is denied it In October following there was a General Council at Winchester Wintoniae ad Regem ex condicto venimus Eadmerus was there himself The first day the Tumult from the vast multitude was so great that they could do nothing and therefore broke up the Court and adjourned to the next day Orta est igitur ex his quaedam magna tempestas diversis diversae parti acclamantibus the sense of the Assembly was that Anselm should observe the King's Laws upon which he departs the Realm in a pett 'T was pity Eadmerus went with him so that we loose the account of what passed in his absence I think however we have enough to prove that there were then no less nay greater Assemblies than what now compose our Parliaments nay the very word Parliament was not unknown in that time Parliamentum dixêre Croylandenses Caenobitae sub Tempore Willielmi Secundi For farther proof 't is observable that this King stood upon it that Malcolm King of Scots Secundum Judicium tantum Baronum suorum in Curiâ suâ Rectitudinem ei faceret That is was to do him right or answer his demands according to the Judgment of his Curia or Ordinary Court of Justice Malcolm pleads that 't was to be in the confines of both Kingdoms Secundum Judicium Primorum utriusque Regni that is according to the Judgment of a Great or General Council of both Kingdoms united and who were the Primores that constituted the Great Council of Scotland even till the 23. of James the First is evident by his Act of Alteration or recommendation of a Change which has it that the small Barrons and Fee-Tenants or Freeholders need not to come to Parliaments nor General Councils without Election which shews that till then they did And how they came here in this King's time I leave any body to think as they please sure I am here were more than Tenants in Chief There was one Council in his Reign which had no Addition to it the Author says only Celebravit Concilium and this I take it was no more than an Ordinary Curia especially it being Octabis Epiphaniae And there was a Legal Tryal by Duel and by Judgment of the Court the Party conquered had his eyes pull'd out and his stones cut off That besides the Great Council this King above mentioned held the Ordinary Curia Sive de more we have clear Authority Cum gloriosè patrio honore Curiam tenuisset ad Natale apud Glocester ad Pascha apud Winchester ad Pentecosten apud Londoniam By the foregoing Instances we may see notwithstanding Virgil's suppressing as much as in him lay the MSs. which might take from the Authority of his History how many rise up in Judgment against his Assertion in the time of King H. 1. Illud oppositè habeo dicere Reges ante haec tempora non consuevisse populi conventum consultandi causâ nisi perrarò facere adeò ut ab Henrico id institutum Jure Manâsse dici possit And it seems the great Mr. Lambert who possibly was the first that after the Ages in which the word Baronagium was used and known to express the full Great Council or Parliament received its true Notion viz. that both the Nobility and Commonalty of the Realm were meant under these words the Barons of the Realm this Great Man it seems had not met with those MSs. which since have offered their Light to the World otherwise he would not have subscribed to the foregoing opinion of Polydore Virgil however Polydore himself as far as his Authority goeth gives us to believe the frequency of such Solemn Councils from this King's time downwards This Prince was so pleased with his People and they so much at ease under his gentle Reign there was that mutual confidence in each other that 't is a question whether he ever held a Solitary Curia of Tenants and Officers only we find Tota Nobilitas cum populi
to the Judgement But of this the great Council at Westminster in the year 1175. is the best Interpreter And if the Clergy-men neither before the constitution of Clarendon nor by it were excluded from medling in these causes they are by the last in full Parliament the testimony of which is transmitted by us by no less an Author than Gervase of Dover who liv'd in the very time and whose credit this learned Person supports by following him rather than Matthew Paris In hoc concilio he tells us ad emendationem Anglicanae Ecclesiae assensu Domini Regis primorum omnium Regni haec subscripta promulgata sunt Capitula amongst which the third is this Hiis qui in sacris ordinibus constituti sunt Judicium Sanguinis agitare non licet unde prohibemus ne aut per se membrorum truncationes faciant aut inferendas judicent c. this is almost the same in words with that of Toledo and by the concession of the Learned Author of the Gr. Question that of Toledo was then produced by Richard Arch-bishop of Canterbury the same we find in Hoveden said in the Margent to be ex concilio Toletano Judicium sanguinis agitare non licet surely comes up to the preliminaries and I cannot understand the coherence of saying to this effect It is a received Maxime that Clergy-men ought not so much as to vote in preliminarys relating to capital cases and therefore to give the final Judgement is only unlawful by the Canon which declares that to vote even in preliminarys is unlawful In Richard the second 's time the Bishops understood not this nice reasoning and therefore they enter their formal Protestation on Record Agitur de nonnullis Materiis that is Capital causes in quibus non licet nobis aut alicui eorum juxta Sacrorum canonum Instituta quomodolibet personaliter interesse 'T was not so much because 't was in Parliament as because matter of Blood was in question And indeed the Canons mentioning Judicia Sanguinis that is Ordinary Judgements such as were agitated in the Kings Ordinary Court of Justice and the constitution of Clarendon referring only to that Court it appears that these Constitutions were received in Parliament in the Reign of Edw. the first When the King ty'd up his hands from giving Clergy-men Power even so much as by his special Commissions to sit upon the tryals of such causes We for the Utility of our Realm and for the more assured conservation of our peace have provided and ordained that Justices assigned to take Assizes in every County where they do take as they be appointed Assizes incontinent after the Assizes taken in the Shires shall remain both together if they be Lay. And if one of them be a Clerk then one of the most discreet Knights of the Shire being Associate to him that is a Lay-man by our Writ shall deliver the Gaoles of the Shires Hereby it appears that if one of the Judges were a Clergy-man he was not so much as to sit with the other upon the delivery of the Gaol that is the tryal of capital Causes but another Lay-man should be commission'd for that purpose And agreeable to this we find in the Records of the Tower that when two have been Commissioned as Judges for the same Circuit whereof one has been a Clergy-man the other Lay the Clergy-man has had only Common-Pleas in his Commission the other both Common-Pleas and Pleas of the Crown nor is it material that some Rolls may be found out purporting as if Pleas had been held before two whereof one hapned to be a Clerk for it is to be taken reddendo singula singulis 2. This were enough to settle the 2d point viz. of what force such prohibition as I have shewn is at this day but I take leave to offer farther what as I conceive may give yet clearer satisfaction which is that the difference of an Ecclesiastical Synod from a Temporal Great Council was not taken from the persons present in either but the matters of which they treated and the parties which managed there according to the different matters if Ecclesiastical Affairs 't was a Synod if temporal it had some other name as Commune Concilium Regni Angliae or the like to distinguish it by The great Jewel hath long since given Authority to this Assertion about Ecclesiastical Synods which he calls concilia Episcopalia Ab Episcopis nomen concilia invenisse fateor eoque dicta fuisse Episcopalia quod Episcoporum judicio prudentiâ omnia constituerentur Sed tune idcirco concilia haec nihil ad principem attinuisse colliges As the Ecclesiastical Laws were supposed to lay a more immediate Obligation upon the conscience and were for the most part enforc't by Ecclesiastical censures they were call'd Canons or Rules not having that outward coertion and penalties annext which others had but yet they were no less Laws The Statute of Henry the 8th which provides That no Canons Constitutions or Ordinance shall be made or put in Execution within this Realme by Authority of the Convocation of the Clergy does not in the least Abrogate or Condemn those which were made by the Authority of the King the Clergy and the Laity As I will not say all Ecclesiastical constitutions were from the time of William 1. to the above-mentioned Synod at Westminster it is enough if that alone were so And then if that be not repugnant to some Law since made I conceive it is still in force having had full Legal sanction For the clearing this 't will be necessary to shew something of the nature of the Ecclesiastical Councils according to the Modus establisht anciently in Engl. I must confess that several Historians when they mention concilium totius Angliae speaking of an Ecclesiastical Council add frequently Episcoporum viz. Abbatum nec non multarum religiosi ordinis personarum or to that effect But Bishop Jewel has well Interpreted such Expressions and therefore we need not wonder when we find another say Lanfrancus Cant. Arch. totius Angliae Primas diversa in diversis locis Angliae celebravit concilia Though to be sure the King were sometimes jubens praesens as at the Council at Winchester But it appears even by their own modus tenendi synodos in Angliâ primaevis temporibus which I take it was the same that was agreed on in Lanfranc's time of whom Malmsbury sayes quaesivit à senioribus Episcopis qui esset ordo sedendi in concilio Antiquo more statutus c. By their antient Modus I say it appears that the Laity were to be present in their Ecclesiastical Councils for when it mentions the Clergy in order it adds Exinde introducantur Laici bonae conversationis that is probi homines vel qui electione conjugali interesse meruerint every Lay-man of good conversation probus homo or
is not improbable that the disposition of this Honour of receiving particular Writs of Summons to Parliament might have been lodg'd in the breast of the King who is the Fountain of Honour nor is it likely that any Earl but he that justly forfeited the Kings favour would have been denied it however he were deprived of no natural Right Since the 11th of Richard the Second indeed the Nobility have had settled Rights by Patents which are as so many constant Warrants for the Chancellor to issue out the Writs of Summons Ex debito justitiae with this agrees the great Antiquary Sir Henry Spelman Sic antiquae illa Baronum dignitas secessit in titularem arbitrariam regioque tandem diplomate id circo dispensata est Upon the dissolution of the separate Court of Tenants the Tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great Court which they had in and to the less without such a provision as Mr. Camden takes notice of I will grant that the Majores Barones holding in chief ex debito justitiae would have had right to special Summons but the lesser Tenants had the same Right to a general Summons and the Right of being represented as properly concluded the one as the other unless where the King had exerted his Prerogative But where the King ex tantâ multitudine Baronum differing in their circumstances some holding of him immediately others of measn Lords and his very Tenants being divided into two different Classes of Majores and Minores advanc'd some to be of his particular Council in Parliament This with submission I take it made them not Judges in Parliament eonomine because a Court may amerce its own Members but Counts and Barons by Magna Charta are not amerceable but by their Peers and therefore none but their Peers could without their own consent be of the Court with them which though they might be with consent as to all Acts amongst themselves still it would be a question how far they might without particular Patent or Writ creating them to such Honour act in that Station to the prejudice of others That special Summons to Parliament without a Seat there granted and settled by the King gives no man Vote amongst those who now have Right to such Summons appears in that the Judges and Masters in Chancery have had the same Writs with the Lords and yet are and have been but assistants to them no Members of their House The great Tenents in Chief and others in equal Circumstances were Pares to one another and if such an one was chose Knight of a Shire though the Lord Coke says the King could not grant a Writ to Supersede his coming that was so chose because 't was for the good of the Commonwealth yet he being look'd upon as one that ordinarily would be specially Summon'd the King might supersede it and thus we find even before any settled Right by Patent Rex Vicecomiti Surria salutem quia ut accepimus tu Thomam Camoys Chivaler qui Banneretus est sicut quam plures antecessorum suorum extiterint ad essendum Unum militum venientium ad proximum Parliamentū nostrū pro Coōmunitate Comitatus praedicti de assensu ejusdem Comitatus elegisti nos advertentes quod hujusmodi Banneretti ante haec tempora in Milites Comitatus ratione alicujus Parlamenti eligi minimè consueverunt ipsum de officio Militis ad dictum Parlamentum pro communitate Com ’ praedict venturi exonerari volumus c. When Tenants in Chief oreorum Pares werce call'd by special Writ they very properly exercised the same jurisdiction which Tenants did before in their separate Court In the 5th of Richard the Second many having refused attendance and not owning themselves liable to amercements because of absence if Tenure laid not a special obligation upon them comes an Act of Parliament which makes it penal to refuse or rather delares that the Law was so of old All singular Persons and Communalties which from henceforth shall have the Summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to do and hath been accustomed within the Realm of England of old times and every Person of the same Realm which from henceforth shall have the said Summons be he Arch-Bishop Bishop Abbot Prior Duke Earl Baron Banneret Knight of the Shire Citizens of City Burgeis of Burgh or other singular Person or Commonalty do absent himself and come not at the said Summons except he may reasonably and honestly excuse himself to our said Sovereign Lord the King he shall be amerced and otherwise punished as of old times hath been used to be done in the said Realm in the said Case This shews that of old time they who were Summon'd by the King or chose by the People ought to come to Parliament but this being before any Patent or Writ of Creation to the Dignity of Peer and to a Seat in Parliament supposes no obligation upon the King to give any special Summons indeed where he had granted Charters of exemptions from common Summons there he had oblig'd himself if he would have them oblig'd by what pass'd to give special Summons were it not that they might have been chose in the Counties particularly which alters the case from what it were if every body came or might come in their own Persons some by special others by general Summon's but this exemption and particular Summon's after it made none Peers that they found not so but they that came were to come as they were Bounden and insuch manner as had been accustomed of old Which is pregnant with a negative as if it were in such manner and no other Manner Quality or Degree and thus they us'd that to come as assistants to the Lords continue even at this day to come in the same manner and no otherwise notwithstanding particular Writs of Summon's eodem modo as to the Lords of Parliament This is further observable that in the forecited Statute and Records Bannerets are spoken of as above Knights of the Shire and these were certainly some of the Pares Baronum which often occur to us If these receiv'd their Summons to Parliament it seems as it had been of old accustomed they were to have Voices with the Barons It may be urg'd That they which held by Barony and their Peers Pares Baronum were by the Law exempted from being of Common Juries because they were Lords of Parliament And therefore they were to come of course and right To which it may be answerered That is a priviledge above the rest of their Fellow Subjects to be own'd by them as being in common intendment likely to be call'd to Parliament and therefore so accounted by the courtesy of England but what do's this signifie to bind the King who is above the reach of an Act of Parliament unless
after Citizens l. 11. put a Comma after amongst them p. 68. l. 14. r. Matilda p. 206. l. 2. r. plectendum l. 3. r. judicare p. 217. l. 11. r. affuerunt p. 228. l. 9. r. Doveram p. 237. l. 7. add the before free Customs l. 8. dele the 2d Sheet of p. 237. l. 13. r. militibus p. 238. l. 9. r. tenants us'd p. 240. l. 20. r. de scuto l. 28. r. the for their p. 241. l. 11. dele s after acquaint l. 22. r. record p. 245. l. 2. r. negotium p. 246. l. 5. r. retroactis p. 247. l. 23. r. his instead of this p. 251. margin r. proprietariis p. 255. r. Baro l. 21. put a Comma after Freeholders p. 261. l. 1. r. that before us'd p. 262. l. 20. add s to thing p. 265. l. 14. add s to â—â—mmuni A Catalogue of some Books lately Printed for Tho. Basset at the George in Fleet-street AN Institution of General History or the Histo of the World in two Volumns in folio by Dr. William Howel Chancellor of Lincoln Printed 1680. Historical Collections being an exact Account of the Proceedings of the four last Parliaments of the Renowned Princess Queen Elizabeth containing the Journals of Both Houses with their several Speeches Arguments Motions c. in folio writ by Hayward Townshend Esq then a Member of Parliament Printed 1680. The Antient Right of the Commons of England Asserted or a Discourse Proving by Records and the best Historians That the Commons of England were ever an Essential part of Parliament By William Petyt of the Inner Temple Esq Of the French Monarchy and Absolute Power and also a Treatise of the Three States and their Power deduced from the most Authentick Histories for above 1200 Years and digested this latter by Mat. Zampini de Recanati L. L. D. The Constitution of Parliaments in England deduced from the time of King Edward the Second Illustrated by King Charles the Second in his Parliament Summon'd the 18th Febr. 1660 1. and Dissolved the 14th Jan. 1678 9. with an Appendix of its Sessions in Oct. The Politicks of France by Monsieur P. H. Marquis of C. with Reflections on the 4th and 5th Chapters wherein he censures the Roman Clergy and the Hugenots by the Sir l'Ormegregny Le Beau Pleadeur a Book of Entries containing Declarations Informations and other select and approved Pleadings with Special Verdicts and Demurrers in most Actions real Personal and mixt which have been argued and adjudged in the Courts at Westminster together with faithful references to the most Authentick printed Law books now extant where the Cases of these Entries are reported and a more Copious and useful Table than hath been hitherto Printed in any book of Entries by the Reverend Sir Humphrey Winch Knight sometime one of the Justices of the Court of Common Pleas. A Display of Heraldry manifesting a more easie access to the knowledg thereof than hath been hitherto published by any through the benefit of Method whereunto it is now reduced by the study and industry of John Guillim late Pursuivant at Arms. the 5th Edition much enlarged with great variety of bearings to which is added a Treatise of Honour Military and Civil according to the Laws and Customs of England collected out of the most Authentick Authors both Ancient and Modern by Capt. John Logan illustrated with Variety of Sculptures suitable to the several subjects to which is added a Catalogue of the Atcheivments of the Nobility of England with divers of the Gentry for Examples of Bearings Now in the Press Dr. Heylins help to the English History with very large Additions Petyt 's Appendix p. 131. Bracton lib. 2. cap. 16. p. 37. Charges upon the Land according to the value or number of Acres Charta Johannis 17. Regni Anno 1215. Tiguri fol. 247. Magna Carta cap. 9. 2 Iust fol. 20. Titles of Honour f. 586 587. Rot. Claus 17 Johannis Dorso m 21. Rot Pat. 17 Johannis pars unica m. 13. n. 3. Ib. m. â—3 dorso Magna Charta cap. 38. Confirmatio magna Chartae facta 2. H 3. in consimili formâ cum magna Charta 9. Hen. 3. testibus data exceptis exemplificata confirmata 25. Edw. 1. prout Charta de Forestâ Ex MS contemporaneâ statutor penes Sam. Balduin Equitem auratum servient ad legèm Et de Scutagiis assidendis faciemas summoneri c. That is such of the Majores as held intra 〈◊〉 Aid upon Tenants in Common Socage Escuage upon Tenants by Knights Service Chester Tit. Honor. 1 Edit p. 247. See Leicester's Survey of Cheshire 20. H. 3. M. Paris fol. 563. Ed. Lond. Tit. Honour 1 Ed. p. 233. Selden ib. Domesday in Cheshire saith Comes tenet Comitatum de Rege See Leicester 's survey of Cheshire Mat. P. fo 497. Ed. Lond. Anno 1232. 17o. H. 3. M. P. An. 1205. 7o. Johannis Mat. Pared Tig. f. 359. Nequi magnates viz. Comes Baro Miles seualiqua alia notabilis persona Rot. Claus 3 E. 2. m. 16. dor M. P. f. 359. An. 1232. 17o. Rs. H. 3. Nota This shews that the Tenants in Capite were not all the Council because they in particular are taken notice of amongst them which came to that Council The Earl of Chester was not to attend the King in his Wars nor to pay escuage in lieu of military service because all his Tenure was to keep to the defence of the Marches Rot. Pat. 44 H. 3. M. 1. dor 22o. Ed. 1. n. 45. sub Custod Camerar in Scaccario Rot. Pat. 2. Ed. 1. M. 6. Rot Pat 20. Ed. 1. M. 6. Bundella literar in Turre London An. 8. H 3. Ne qui Magnates viz. Comes Baro Miles seu aliqua alia notabilis persona c. Rot. Claus 3 E. 2. m. 16. dor Rot. Parl. 40 Ed. 3. n. 7 8. Matt. Par. p. 236. Hooker Eccles lib. fol. 29. Matt. Paris Ann. 1212. 14 Johannis Matt. Par. Matt. Par. Knyghton Matt. West fol. 271. Matt. West fol. 271. MS. Cod. ex Bib. Dom. Wild nuper defunct Note a Common Lord had Aid in the like case by King John's Charter William 1. Seldeni ad Fadmer notae specilegium fol. 190. Ib. cap. 52 59. Et ad judicium rectum sustitiam constanter omnibus modis pro posse suo sine dolo sine dilatione faciend ib. Knyghton fol. 2358. Leges Will. 1. Servitutes rusticorum praediorum sunt haec iter actus via aquaeductus Digest lib. 8. tit 3. Servitutum non ea natura est ut aliquid faciat sed ut aliquid patiatur vel non faciat ib. fol. 215. Sim Dunelm fol. 212. 1084. 14 Will. 1. 2. Inst fâ—l 232. Inter brevia directa Baron de term Mich. 32 Ed. 1. M. 4. dorso penos Rem Regis in Scaccario The same Plea for the Earl of Glocest. and Herts allowed ib. M. 5. Inter brevia directa Baron de Term. Hill 33 Ed. 1. penes Rem Domini Thes in Scaccario Inter