INVESTIGATIO Jurium Antiquorum, ET RATIONALIUM REGNI, SIVE Monarchiae Angliae, In Magnis suis Conciliis, SEU PARLIAMENTIS: ET Regiminis, cum iisdem in suis Principiis, optimi.

OR, A Vindication of the Government of the Kingdom of England under our Kings and Monarchs, appointed by God, from the Opinion and Claim of those, that without any Warrant or Ground of Law or Right Reason, the Laws of God and Man, Nature and Nations, the Records, Annals and Histories of the Kingdom, would have it to be originally derived from the People, or the King to be Co-ordinate with his Houses of Peers and Commons in Parliament.

Per Fabianum Philipps J. C. Socium Medii Templi, London.

Jerom. c. 6. v. 16.

State super vias Antiquas & inquirite veritatem.

The FIRST TOME.

LONDON, Printed for the Author, and are to be sold by Charles Broome at the Gun in St. Paul's Church-Yard. 1686.

VIRTUTE ET FIDE

Robert Harley of Bramton Castle in the County of Hereford Esq r.

To the Sacred Majesty of James the Second, King of great Brittain, France and Ireland, Defender of the Faith, &c.

Dread Soveraign,

WHen the Oaths of Allegeance and Supremacy (the greatest Tyes and Obligations that can be imposed upon the Generations of Man­kind) have so little prevailed, as that the giddy and mad-headed Multitude, prone to all wicked­ness, and evil Examples, have un­der an Hypocritical pretence of Holiness; and Reformation of that which was good, and needed it not, introduced an abundance of unclean Spi­rits, and brought forth that which was altogether like their Tutors and Masters of Impiety, and with great im­pudence, pertinacity, secret and subtil contrivances after His late Majesties happy Restauration, continued their Machinations and Rebellious Principles until his Death, who notwithstanding his great Clemency, and many Plots discovered by Gods mercy, by the continual vi­gilancy of his Guards with all the care that could be taken, was for a long time hardly preserved from As­sassination, which Villanies and Dangers consorted so well with their Ambitions, and Envies, Rapines, Plun­derings, Sequestrations, Decimations, and pillaging of three Kingdoms, especially of England, besides the sad accompt to be made of the Massacre in Ireland, de­struction of many Thousands in England with their Fa­milies [Page] and Estates, in the defence of your Majesties blessed Father the Martyr, with that horrid, & ever to be abhor­red Addition of his Murther, and the long continued Mi­series, Calamities and Troubles, put upon their Late Sove­raign your Royal Brother, & your Majesty, and the rest of the Royal [...]rogeny, as they, or too many of them, or their Seditious and Rebellious Party, may not improbably an thought only to watch or enforce an opportunity of playing the same, or a worse game of Rebellion over again, and if they can, to a more impious advantage, bed plant a soveraignty inherent in the people, whom they intend to govern as arbitrarily and wickedly as they had done before, which a lamentable many years Experience hath taught the people to believe it to be abundantly Tyrannical and Slavish enough to those that were made so unhappy as to endure and Experiment it, which to prevent, is, and should be certainly the duty of e­very good Subject and I over of his King and Countrey.

In order wherunto, having made my Observations and Remarks, from the Commencement of the grandest Rebellion that ever troubled and harassed England, in the years 1640, 1641. until his present year of the Lord 1685, now the 83 year and an half of my yet (Deo gratias) vividae senectutis, many years before for the most part written, and as well digested as many distur­bances, and worldly troubles would permit, which could notwithstanding never alienate or withdraw my mind from those my first Enquiries or Observations; And my careful, and I hope, industrious and impartial Recherches into the Original and true power of Parliaments, will shew how the Incroachments of a miselected House of Com­mons therein, have since the Raigns of Qu. Elizabeth and K. James, made it their principal and only business by Pe­tions, Ingrateful Lurches, and Artifices and catching Ad­vantages of our Kings & Princes, necessarily enforced want of Money, for the defence of themselves and their People, to undermine and bring into an Anarchy, or Insulting Poliarchy, this your heretofore more flourishing Mo­narchy, strongly built and founded upon the Feudal Laws, derived unto your Majesty by and from your Royal Ancestors and Predecessors, from the Brittish, German, Saxon, Danish and Normans Feudal Laws and Customs, the best Establishers and Supports of a [Page] truly (not counterfeit) Monarchick Regal Govern­ment, and doubt not but that my Labours and Travel therein, with what other Light and Confirmations may be justly added by such as will well Weigh and Con­sider it, may truly Manifest and Prove the same, and without the suspicion of an over-credulity, well be­lieve that the Reverend Judges and Sages of the Law (whom our Kings have Commanded and Ordained to be greatly reverenced, administring Justice under you to your people, many of whom, and the professors of the Law, pleading before them, were only Educated, and practised as Lawyers in the time of the late misguided Parliament,) might have been easily mis-led by the Minores Gentium, the Lawyers and Officers pleading or practising in the Courts of Justice, by rejecting the Councel of the Prophet Jeremiah, Stare super vias Antiquas & inquirere Ve­ritatem, which his lamentations after their destruction, might have taught them after sooner to have believed, and not to have the original of your Majesties Govern­ment, to be as Inscrutable as that of the River Nile, or to forget their Common Parent or Original, as in many things to make or render our Laws to have no Resemblance thereof, but to be quite contrary thereunto, or as some Children, in the Stories or Tales of easily believing old Women changed in their Cradles; all which should put every good Subject in mind neither to be ignorant of your Rights, or negligent in the main­tenance of them, it being of no small concernment to your People, to preserve yours with as much care as their own, being comprehended therein, and when he shall hear the Ship wherein his King is, strugling with the rage and fury of the Winds and Seas, and every mi­nute like to be destroyed and swallowed up, ought to make hast tenui sua Cymba, and do all he can to relieve and preserve him, of what Judgment and Disposition soever he be, though not at all under those great obligations, of the Oaths of Allegeance and Supre­macy, and of the bonds of gratitude, must exuere humanitatem, that will not endeavour to rescue him, and in these my feeble, but true hearted endeavours, found those that instead of saving the Ship, were only careful to Sacrifice to their own designs, and di­vert and steer her from the right Port of Monarchy, [Page] whilst they laboured all they could to save her by bring­ing her only into the Curses rather than Blessings of an Anarchy or knavish self-enriching Poliarchy, and ruine all those that really and heartily wishout any other ends than that of duty and endless Loyalty, came to help her; and not by so many Plots and Conspacies against your Government and Monarchy, and the lives of your Majesty and Royal Brother, give a far greater dis­turbance thereunto than the unhappy severely punish­ed Corah, Dathan, and Abiram did to the Government of Moses and Aaron, who did but only murmure against them, saying, Ye do take too much upon you, but did not plot or contrive Treasons, Conspiracies or Rebelli­ons against, or to Assassinate or Murder them; From all which disturbances and troubles, that God will be plea­sed whilst you are on Earth, enjoying a happy life amongst an unquiet (as unto too many of them) never to be contented people to free your Majesty, your Heirs and Successors shall (as it hath ever been) be the prayers of

Your Majesties always Constant and Obedient Subject FABIAN PHILIPPS.

THE PREFACE TO THE READERS.

THey that have read and duly con­sidered, though but with an or­dinary compassion and sense of humanity, the dismal Effects of Wars, Rebellions and Discords in Kingdoms and Republicks, and the little gain more than a Sa­crifice to the Devil, and the Am­bition, Revenge, Self-Interest, and the Ruine of Kingdoms, Commonwealths, Families and Estates, might, if there had been no other evidence, have clearly and lamentably seen it in those once very famous Republicks of Athens and Sparta in the Pelepone­sian Thucidides. Wars, ingaging most of the little Republicks of Achaia to run the adventure with them, and did in the conclusion bring them all together under the Tyran­ny of the Ottoman Empire; in those also of the Merci­less Proscriptions of Sylla and Marius at Rome, and the bloody Pharsalian Fields or Battels fought betwixt Ju­lius Caesar and Pompey, too nearly allied to have made such a quarrel or bustle to disturb so great a part of the World for Empire: that of the Guelphes and Gibelines happening near about the time of our King John, when the Pope so domineered over him, as he constrained him to do homage unto him for England and Ireland, and pay him a then great yearly Tribute; that of our two great contending Families in England, York and Lancaster, under the several Badges or Liveries, of the White Rose & the Red, to the destruction of many of the Nobility and Gentry taking their several parties, that of the German Wars betwixt the Duke of Saxony and the Emperour Charles the 5th, that of the Sicilian Vespers, [Page] that of the King of Spain and the Netherlands or united Provinces of the Holy League in France, and the cruel Massacre of so many thousand Protestants in Ireland, and that our Incomparable late Rebellion of all the Re­bellions the Devil had ever abused and Cheated a Na­tion withal, the most hypocritical, horrid and abomi­nable, and the just care that every pious and good man ought to have of his King and Oaths of Allegeance and Supremacy, and the Blessings of God to attend his po­sterity, might cause them to make as much hast as the dumb Son of King Craesus did to save the life of the King, and therein prevent the Ruine of his Countrey.

And therefore I may hope that a Minimus Apostolorum, one of the least Professors of the Law, though of an an­cient standing, may be permitted without the reproach of Arrogance or scribling quiddities or Impertinences, or troubling the World with the Idea's of Plato, Aristotle, Solon, Licurgus or the unquiet Commonwealth of Rome, until they were after the Experiments of divers sorts of Governments constrained to be more quiet and content with that of the Empire and Monarchy or Theocracy or­dained by God, be permitted to lay or bring before the Reverend Judges and Sages of the Laws of England, and the Professors and Students of the Laws therein, what may be found in the Records, Annals, and approved Authors and Historians concerning the ancient Feudal and Monarchick Government thereof, without any Addi­tions, Omissions, wtested Interpretations, Forgeries, Impo­stures, or the fond and often abused credulity of Mon­kish and feigned lying Manuscripts, & may incite others to approve and like better of it than they have done, that have to the hazard of their Estates in this World and the World to come, done all that they could to pull in pieces that ancient Government upon which all our Laws, reasonable Customs and Constitutions with Re­medies for publick grievances have been built and founded, which Sir Edward Coke hath (before the dissolu­tion of our Tenures in Capite, the Ligaments of the Crown of England, and the nerves, sinews and strengths thereof, when he was better pleased with his Soveraign) not unjustly called the Quintessence of all Laws, ex­pended very near 1000 l. Sterling in my labours and travails therein, and other matters concerning the [Page] Government without any penny profit or recom­pence either from or by the Stationers, or any others more than an Employment as Deputy Comptroller of the Law Tax, wherein I endeavoured all I could to serve his late Majesty and the Farmers thereof, and may hope it was acceptable when his Majesty not long be­fore his departure out of this World, was by his princi­pal Secretary of State Sir Leoline Ienkins Knight, graci­ously pleased to declare that he had a particular regard for me, and was sensible of the many Services which I had done unto the Crown, which in the greatest of truth, humility and modesty, I might have said was done by me one of the smaller sort of the Atoms in his Kingdoms as an oblation of Duty, when besides my no small loss and damage in the late horrid Rebellion I did adventure with the late learned George Bate Dr. of Physick, and Mr. Nicholas Odeart sometimes Secretary to Sir Edward Nicholas principal Secretary to the murthered King, did, when the Rebels had refused to allow him in his own defence the assistance of his own or any other Councel learned in the Law, at that they falsly called his Tryal, & when the Intercession of the French and Dutch Embassa­dors, the Scots their Rebel partner Commissioners, and some of the London factious Ministers could not prevail to rescue his sacred life, did with great danger and hazard of our lives and Estates cause a small paper of Advice to be secretly delivered unto him not to acknowledge any jurisdiction to be in their highly wicked misnamed Court of Justice, never before heard of or made use of in England or in any other Nation of the World. And I did also after that wicked of wickedest sentence of death pro­nounced against my Soveraign, Write and cause to be Printed and affixed upon the Posts and publick places, in or about the Cities of London and Westminster a Protesta­tion in the name of all the Loyal people of England a­gainst that most abominable sentence, and did within a short time after Print and publish a Book in Justifica­tion and defence of him, and the first as I believe that in print justly stiled him a Martyr for his people, with some assurance to my self, that our seri Nepotes some others hereafter walking recto tramite in the like search and path of truth as I have done, might add more assist­ance thereunto, and may be permitted to say, as St. Paul [Page] in another case did of himself, that if I have had in so long an age and perambulation of time any acquaintance or conversation at all with my self, mine own heart and Actions, which many that have known me so long in my various careful and sorrowful passages of life (occasioned by many the ingratitudes and ill dealings of some great families and others that should have dealt better with me in) may testify my always constant and adventurous Loyalty to my Soveraigns, without any the least faint­ing or haesitation, will or may believe that I have nei­ther lied or sought for preferment, or any thing that could look otherwise than the sincerity of my heart, and an unshaken and unbiassed love to Truth and Loyalty to my King and Countrey.

And can truly say and aver with many witnesses to confirm it, that my long observations ever since the year 1628. until now, compleating almost full 46 years of the said persecutions, disloyalties, misusages, and suf­ferings of King Charles the Martyr in order and design to his Murder, and the many Plots afterwards intended against his late Royal Majesty, King Charles the second, and his now Sacred Majesty, and my Researches into the Records and Antiquities of this and other Nations con­cerning the Just Rights and Praerogatives of our Kings and Princes, for the publick good, and the avoiding the manifold miseries and damage that attend the Witchcraft and Madness of Rebellion, and to the end that I might recal into the right way of truth those very many No­ble, learned, grave and pious men, that perfectly hated Re­bellion and yet by fear or force going along with the Tide to secure themselves and Estates as well as they could, and with the Vulgus and Rabble that had cut the reformed Church of England into no less than 160 Sects or new fashioned Religions, and so far strayed from their Mother the reformed Church of England, as they ran out of their Wits as much as their Religion, so that they could not stop themselves in that their mad Career until they came to an opinion that it was Reli­gion to be Rebellious, and that Rebellion or Sedition for any thing called Religion was, or at least ought to be warrantable by some or other word of God, when by his new light they should be enabled to discover it, hath given me, like old Barzillai, no quiet until I had done my [Page] duty unto God, my King and my Countrey and poste­rity, and brought what help I could unto our much injured and persecuted David, in these now published Truths, wherein I have as carefully as I could without the purchase of other mens Writings or Manuscripts at Auctions, as too many our Lurching, yet Learned enough Authors have done, weighed all particulars in the Bal­lance of Truth, Law and Right Reason, and without any opiniatrete have left my self to the Judicious throughly impartial Readers and Tryers of those my carefully con­sidered Labours, wherein I shall be willing to rectify and submit to any truths, when justly and rationally proved, and be ashamed in the least to imitate those im­pudent Contrariants of truth and Right reason our Laws, Annals and Records, who although in their Books and Writings against our ever maintainable truths, whilst they are in the acting and perpetrating the greatest In­juries imaginable unto them, can offer to forsake their evil Impostures, grounded Fancies and Opinions, yet can after they have been publickly examined, tryed and convicted of several gross Impostures and falsifications by the undeniable evidence of the Records themselves, which they cited and referred themselves unto, not like to those better men of Confessions and Retractations, but being unwilling it seems either to perform their promi­ses to their Readers, or imitate the more honest examples of better men, have thought it to be more correspondent unto their evil designs not to discourage their Disciples to persist in their egregious falshoods, and unlearned, foolish, reasonless, senseless and inconsequential argu­ments, because they have wickedly made it their Interest and business to advocate the Devils cause by his and their evil Methods and Impostures. And may find that they have by a Factious and Seditious Ignorance, and over­bold adventure enticed many good men and Lawyers out of the paths of truth into an horrid Confusion and Rebellion, for which they may suffer in the next World, unless they can furnish their gross mistakes with some invisible or misinterpreted Record that every man may fancy, and frame a new and better Government of the Kingdom, and carve and make his own Religion, and Ido­cize and propagate their own vain imaginations and self­lreated ignorant Fancies instead of Laws and Records. [Page] And should do better to stand and consider that the ad­vice of the Prophet Jeremy, that should not be thought to have spoken vain, untrue or foolish Councel, to stand upon the old ways and enquire after the ways of truth, was not to do what you can to blind or sophisticate truth, put her into disguises, and transform her into as many shapes as may consort with the ugly designs of Faction and Re­bellion, and call to mind better than they do how dif­fusive and infectious the sin of Rebellion is, that every of our evil Examples. Doctrines or Perswasions tending thereunto, such an evil especially as Sedition or Rebellion, are by God chargeable also upon their accompt. And that at the great Audit before an all knowing God there will be a multitude of consequential Evils besides their own particular sins, which may be enough charged upon them, when it will be too late to say one unto another as St. Paul did to his Innovators, O ye foolish Ga­lathians, who hath bewitched you?

And amongst those many motives and obligations of Duty and Loyalty, Oaths of Allegeance and Supre­macy to my Soveraign, and compassion unto those multitudes that have erred and gone astray, to the end that I might give an accompt of the trust reposed in me particularly, and solely by his late Majesty, under his sign Manual, bearing date the 30th day of September, in the 28th year of his Raign, with full power and Au­thority to search and take Copies of all or any might be found concerning his Royal Rights, which was seconded by an order of the Right Honourable Arthur Earl of Anglesey then Lord Privy Seal, Mr. Henry Co­ventry, and Sir Joseph Williamson, his then Secreta­ries of State, and Sir George Carteret being all of his Ma­jesties Privy Council, who did by their order dated the 3d. of July 1677. direct and authorize Sir William Dug­dale, since Garter King at Arms, Elias Asbmole Esquire, and my self in pursuance of his Majesties Order dated the 23. of February 1675. authorizing the aforesaid Lords of his Councel, to examine the State and Conditi­on of the Records in the Tower of London, and consider what is wanting and necessary to be done for the prefervation thereof, Authorizing us to examine the present State and Condition of the said Records, and peruse as well the Orders for regulating of the Orders of the Keepers of the said office [Page] of Records, as the Orders made by Sir Algernon May, Keeper of the said Records the first day of December then last past, and to consider what additions and allow­ances they shall judge fit to be made, either in the said Orders or Queries, or what otherwise occurs to them fit to be offered for the better ordering, methodizing, pre­servation and safe keeping of the said Records, and that they make report thereof unto us with all convenient speed, and their opinion what is necessary to be done in order to the attaining the ends asoresaid, in obedience whereunto Sir William Dugdale and I have not only made a Certificate and report unto their Lordships what we had done under our hands, but afterwards at the aforesaid Office of the Records, have given a meeting to some that were appointed by their Lordships, and after that in the ab­sence and sickness of the said Sir William Dugdale, by the Command of the said Earl of Anglesey, I did attend his Lordship and the Lord Chancellor, and divers of the said Lords of his late Majesties Privy-Councel, to the said Office of Records in the Tower of London, those Scrinia Sacra Publicae Tabulae which our Great Selden faith is a Religio to preserve, and the Commons in Par­liament in the 42 year of the Raign of King Edward the 3d petitioned to have a free access unto, because they contain the peoples evidence, and might also have said their Kings and Princes Rights and Power to protect them, and therefore to have them well looked unto and preserved, must needs be an universal concernment both unto our Kings and their People, and though here in England, in the time of our long and factious Parlia­ment Rebellions and Miseries, when I first began to search into the Original of our before happy Govern­ment and continuance of our Laws, Peace and Plen­ty, and the excellent frame and constitution of our Government founded upon no other than the Feudal Laws, which, unto any that will take the pains to per­use and examine them, will make it easily appear, that our Brittish, Saxon, Danish, and Norman Laws, and those of all our succeeding Kings and Princes, and the Process, Proceedings, Maxims, Rules and Methods in and through all the parts thereof, have until our late unfortunate, Factious and Seditious times, and Parliament Rebellion (the tricks of Attorneys, un­skilful [Page] Clerks, and subordinate and corrupt Officers, since those times of unhappiness only excepted) had no other source or fountain; and that the Civil and Caesare­an Laws being long ago accompted to be the universal reason of the World, are and have been in their Patroni and Clientes near allied to our Feudal Laws, whereof the learned Craguis wrote his Book de Feudis in the year 1655. applicable to his own Countrey of Scotland, where they yet remain, notwithstanding our unthrifty exchange of the Nerves and Ligaments of our Kings Crown and Dignity, for an Excise upon Ale, Beer and Syder, would not permit me to stand still and let my King and Country be destroyed by suffering our Feudal Laws, the basis and foundation of our Govern­ment, to be drencht or washt in the River Lethe, or lake of Oblivion, or the wild Boars and Foxes to destroy and lay wast, and cause our once flourishing Kingdom under the Guard and protection of those Laws, to be more transformed and abused than many of the sacred Laws of God, given to his once beloved people of the Jews have been by their Masorites, when they had a better excuse and Apology to make by their captivity of seventy years in Babylon, until they had forgotten the language in which their Laws were written, than our Gentlemen of Innovation or Re­formation, as it hath been Nicknamed or miscalled of Good into Bad, or Better into Worse for their own only advantage here upon earth, happen what will when they shall be able to attain unto or provide for them­selves.

And in these my Labours and impartial observations, with no little danger and sorrow to see my King and Countrey so ill used, have been as tender as the res Acta, or matters related or inquired into, would per­mit without praeprejudice or hurt unto the truth, or my Loyalty unto my Soveraign, with all due Reve­rence unto the Judges, many or the most of whom, when the fire of that Rebellion which had lain kind­ling and smoaking in its Embrio's in the years 1637, 1638, 1639, and 1640. began every where almost discernably to flame, and be very apparent and vi­sible, were either then in prima Lanugine, or had but scarcely saluted the Ostia or Limina Legum, stept over [Page] the Treshold or Door of it, as the vulgar term it, and intend as I have never failed to do, not only to do, but write and speak of them with all Reverence becoming me, and all others according to the Rea­son and Rule which the great and prudent Prince King Edward the first ordained, when he declared in these words, Et quia sunt honor & Reverentia quae mi­nistris ipsius Regis ratione officii sui fiant ipsi Regi attri­buuntur, sic dedecus ministris suis eidem domino Regi infer­tur, Regale Neces­sarium per Fa­bian Philipps. and in my Relations concerning that high and very honourable, very useful and profitable for the weal publick Houses of Parliament no man should think Plowdens Commentum. or speak dishonourably so long as they permit Parlia­ments to be what Parliaments, according to their right use and Institution were, nor ought to be no more than Colloquium or Commune Concilium, as may be further evidenced by that great Princes severe punishment of Fabian Phi­lipps Regale Necessarium &c. Mich. 18. E. 3. coram R [...]gt. that great Baron William de Breause for contumelious words spoken to a Judge.

And King Edward the 3d had such a care of his Justices and their authority, as he punished severely the Bayliffs of Ipswich by the loss of their places, caused their Staves of Office to be broken in the Court of Kings Bench, and their Liberties to be seised and for­feited because they had suffered an unruly multitude to feast and revel with certain malefactors, who had Mich. 19. E. 3. coram Rege Ro. 161. been there condemned by the Justices of Assise, and after their departure made a kind of mockgame or in­terlude to be Acted upon the Tribunal, where the Judges had sitten, and in mockery fined and amerced the Justices and their Clerks.

And for that I would willingly be, as much as I could, Instrumental to recal a factious, seditious and Rebellious party out of their Errours, that they may neither persist therein themselves, or by erecting Schools of rebellion magnify and think themselves to be no small persons in the propagation thereof, and in those my travails not having the help as the learned Dr. Brady hath had of the publick Libraries of the University and Collegiate Libraries of the University of Cambridge, but of such Assistance as his Majesties and the publick Records of the Kingdom, unto which for more than 45 years I have been no Stranger, and [Page] my own private Library could afford me, wherein I cannot be without hope but something considerable may appear in my Labours that do not in his, but walking together in the inquiries after our Fundamen­tal Laws have not contradicted, but concurred with each other in the Rescue and discovery of the truth of our Ancient and excellent Government, and that which I have done might have been more exact if I had not by the no small disturbances of my own affairs and the common Falshoods and Delays of most of the Printers been greatly hindred, so as I was in some part thereof to endure the disadvantage of writing as the Printing Press went, and therein also could not escape several discouragements, and can, as Livy that grand Historian of the Roman Empire hath truly said of his En­terprise, that it was res magna & Ardua, with great sin­cerity say with the learned Bracton, perpetuae memoriae commendium postulans a Lectore ut diligenter legat & bene Bracton in pro [...]io. consideret, & si quid super fluum aut perperam in hac opere invenerit illud corrigat aut emendet cum omnia habere in memoria; Et in nullo peccare divinum sit potuis quam humanum. And with the learned Dr. Barlow Bishop of Lincoln to the like purpose as unto what he wrote against the Church of Rome, that if he had miscited or quoted, added or omitted any thing or matter wil­lingly against the truth, (Errors of misinterpretation or definition and of the Printers only excepted) I shall be willing to reform any humane frailties or frrors of that kind that shall so appear unto any considerate im­partial Reader that do not read it here and there a lit­tle, runing over as the Irish do their Bogs, or as some others do after dinner and in afternoons Nap or Slumber, or by Indexes, so as I may not prejudice that grand truth concerning the Just Rights of the Imperial Crown of England, and the Doctrine of the reformed Church of England against all the Engines of Rebellion, Falsities, Cavillations and Impostures that have been made use of against it and all their Loyal and Learned Propugnators that have done so worthily in our Israel to defend them.

Wherein if any shall object and think I have been too copious, and fewer words and more labour might have been spared, they that have been conversant [Page] with Books or the learned, or be themselves learned, should know that a little may be enough to some when a great deal will not be so for others, especially where the Arch Enemy of Mankind hath sown and planted Weeds, such as Henbane and Night Shade in our G [...] dens amongst our wholsom Herbs and Flowers, the Lillies of the Vallies, and the Roses of Sha [...]on, which will require much time and labour, and more than a few words to eradicate or pull them up, or a few most clear demonstrations to a numerous party, the more is the pity, that for the space of almost Fifty years last past have been strangely effascinated and infatuated, and yet like well of it, because they have enriched themselves by turning Religion into Rebel­lion, and Rebellion into a part of that which never was any part of Religion, extravagant Religion is now made Liberty, and Liberty and Religion too much turned into Rebellion.

And our Laws and long approved good Monar­chick Government, having by a seditious party of Rebels abusing the Right power and use of Parliaments diverted our Antient, Just and True Laws out of their proper course and channel wherein they had blessed both our Kings and their People, I am not unlike to escape the rash or envious censure of some that either have not read throughly as they ought, or misread, or not understood our genuine, proper and true Laws, therefore should be content with the duty of those that have made it their endeavour either to vindicate the Rights of their King, or relieve a too much neg­lected unvalued truth, and be as much blamed as the Bishop Elect of Winchester was in the time of the troubles and Imprisonment of King Henry the 3d. by some of his overgrown Nobility, when they wrote un­to the Pope as bitterly as they could against him for maintaining the justice of his Kings cause, and when it may be heard of or read by some of our long missed Lawyers that have for almost 50 years been suckled or nursed up in a contrary practice, may take it to be a bet ter way, and more agreeable to their genuine, at least Additament. Mat, Paris. & Dr. Brady in Histor. H. 3. in Appendix 221. & 222. to their profit and humor of the present times to do as Demetrius the Silver smith did unto St. Pauls Doctrine, rather cavil and say something against it to no purpose [Page] then any thing concerning truth or cogent Arguments yet it must be adventured with a melioraspero, and that the errors and mistakes of too many of our men of Law, and others may no longer as it were successively afflict our Nation, that the subjects may learn, understand and practise the duty of Allegeance and Supremacy, and not be so much out of their w [...]es as to believe that there ever was a Treason committed by a King or Em­perour against their people, or that the Members of the House of Commons in [...] proceeding be­yond their Limits, and the King [...] [...]oples Com­mission, ought to be accompted the reasion of the Peo­ple, but that so many Advocates and Lawyers as Eng­land is and hath been abundantly replenished with, should rather make it their business strongly upon all oc­casions to defend their [...]ings Rights, which every man would expect of his stipended Lawyer, as the Advocates of other Kingdoms never failed to do.

Or can any man adventure to say or think, that the All-knowing Never-erring God did not intend to keep his word, but made one Vicegerent after that he had made, or promised it unto another, or ever made the Common People his Vicegerent, or any King, or Prince subject to their ignorances, mutabilities and Pas­sions to be Arraigned and Murdered when they pleased at the suit of the People for Treason committed against them, or if any Nation, Record or History did or could ever furnish out such an example, when the Mur­der of our Prince did so stink, and was more than or­dinarily abhorred and detestable, as besides many learn­ed men in Forreign parts, publickly writing and de­claiming against it the Czars or Czar of that great Em­pire of Russia or Moscovia were so sensible of it, as he banished and seized many of the English Merchants, and their goods and effects to the ruin of many of them, for no other cause than that as he said they had been Traytors unto their King, and had Murdered him, though they were then men of great Loyalty, and were not then Resident in England, and see, and read Milton over much learned in the School of his Master the De­vil, and our infatuated Regicides publishing in print in our own and some Forreign Nations, a never to be be­lieved or proved justification of the Murder of their most [Page] Pious Prince, sub forma & sigura judicii, and no English men, but the Learned and Loyal Dr George Bate and my self with our names subscribed, and another with­out publickly vindicated his worth and innocency, and not a Lawyer, or man of the militia togata could find either a conscience or care calamum e [...]igere to defend the honour of their King and Countrey, when they were bound by their Oaths of Allegeance and Supre­macy not to have omitted it, when as Advocati they should as Linwood hath told them in the case of an ordi­nary Client, tanquam Athletae in Campo justitio pugnare, & not stand still & hearall our Neighbour Christians speak of such a villainous Murder with horror and detestation, and the learned Zeiglerus a Forreigner besides Salma­sius, who had never taken our Oath of Allegeance and Supremacy, have publickly declared against, it.

And do hope that our learned Lawyers of England who were not before our now almost fifty years Parlia­mentary Rebellion willing to be outdone or believed to be less learned in omni scibili, or matter of learning in the Laws of their own or other Nations, (witness our Great Selden and many others) will not suffer our Laws which want nothing to illustrate their very antient ori­ginal, to be so lost and eclipsed, as there will be no­thing of our Fundamental Laws left to furnish their practice in the Temples and Courts of Justice, than such fragments as the Attorneys Seminaries shall be pleased to furnish them withal when they have squeezed the profit into their own advantages of all manner of Cham­perties and Ambodextryes, by clipping our venerable, just and antient Laws into such parcels as may seem most for their wicked and reasonless advantages, and should be more than praemunired, and not to be reckoned much less peccant than the Clippers of Caesars Coin or Image, or false Forreign Coin introduced into the Kingdom, in their daring to attempt to vitiate or vio­late their Kings Laws, and suffer Milton that understood no more of our Laws of England, than that which he had purposely Metamorphosed to delude a silly part of the People, or Rabsheka it, defie [...] the Host of Israel; and John Goodwin a factious Minister with his Flambeau or Torch in the Pulpit, to intice all that could be so [Page] mad as to believe them, that King Charles the Martyr was justly accused, condemned and beheaded at the suit of a few infatuated Rebels, and so many men of the long Robe not have Loyalty, care or Conscience e­nough to hasten to the brook to find some stones to sling at, and convince those or any of their Goliahs, or hear a Judge deservedly displaced by his late Majesty King Charles the 2d. declare in the Court of Kings Bench, tell not us of old Records and Antiquities, but of the Law or Practice in or since 1641. And a Bencher of an Inns of Court perswades himself that he had hit the mark, when he had said that Antiquities were no more to be valued than old Iron picked up out of the Chan­nel in London Streets, and sold for a penny in the pound.

And Mr. Milton that would have all men have a liber­ty to be divorced from their Wives as much as himself was from true Learning and Reason, having done all and more than he could to blast and disparage that most ex­cellent Pious Prince King Charles the Martyr, and make his ever to be accursed Murder to be according to the Laws of England, could not forbear persecuting his Manes, whilst he magnified the Populum Anglicanum, when all men had abhorred it, and Bedingfield and Chresheld had voluntarily laid down their Commissions, and forsook their Offices and places of Judges, and the greatest Rebellion did ride in its triumphant Chair, shall the Gentlemen of the long Robe, who might be very able to do, and should be well acquainted with all manner of Learning, be so little concern­ed in it as to leave two Doctors of Physick to do what they could themselves, for there were a Lion in the way, whilst Mr. Milton cryed out as Tully in another case, O fortunate nate me Consulo Roma.

And it would be a pity that so many Learned People in England, of several conditions, should not rightly understand the Constitutions and Go­vernment thereof, but be so much mistaken as to believe they are honest and Loyal enough if they can but get what they can from their King, and sacrifice it to their humours, when the fear of God, and right understanding of our Laws may teach us, that our Oaths of Allegeance and Su­premacy [Page] do signifie much more than the ordinary Oaths of the smaller sort of the common people, who have as little wit as Estate, and a great deal less of Religion, and that our Laws from Age to Age have resided in our Kings, who have always been accompted to be tanquam Lex viva.

Could there be so great a thirst after learning and honour, and esteem for it gained, could the Queen of Sheba travel so far to hear the Wisdom of Solo­mon, and Pythagoras to hear Plato, Philip of Mace­don give his Gods thanks that he had found out such a Tutor as Aristotle for his Son Alexander? have men of learning, and richer Souls than ordinary been invited and gladly welcomed into other Cities and Countries, as our King Alfred did Asser Menevensis, Edward the First, Accursius, and our King James the First, the generally learned Causabon, Peter du Moulin, and Gerardus Vossius; and believed it to be a great part of their honour and glory to be the Incouragers of learning and vertue? Tacitus saith, that amongst the Romans, the Sons of Nobility did dare operam Studiis liberalibus; The Emperor Valence ap­pointed for the publick Library at Constantinople Dr. Stilling­fleets Origines Brittannicae. seven Antiquaries to look after the Books, four for the Greek, and three for the Latine who were to have a publick allowance; and must we that may stand upon our Fore-fathers Shoulders, and may with great ease do rather greater than lesser mat­ters not be ashamed to be Children of yester­day, when they that have arrived but unto a small parcel of learning, must in spight of their Teeth acknowledge that experience is commonly upon earth one of the most trustiest guides, and neglected the Mistress of Fools when posterior dies should never fail to be discipulus prioris, and it can portend no less than a sad fatality, and ruin to a Nation to have learning put under no better a Character than that of a Fop, or a grave thinking Coxcomb, when a Knave, though a Fool, is believed to be a Man of Parts and Ingenuity, and an honest man, a simple fellow, or an Ass fit only to be bang'd or rid upon, and whilst we mourn and lament [Page] with the Prophet Jeremiah, the forecasted ruin of our Jerusalem, and with our long ago Gildas the Excidium Britanniae, should cease to pour contempt upon our Kings and Princes, and not cause them to wan­der in the Wilderness where there is no way, but offer up our daily Prayers unto God to send help to our Jacob in all his many difficulties.

Elenchus Capitum, OR, THE CONTENTS Of the Sections or Chapters.

  • §. 1. THat our Kings of England in their voluntary summon­ing to their Great Councils and Parliaments some of the more, Wise, Noble and Better part of their Subjects, to give their Advice and Consent in matters touching the publick good and extraordinary concernment, did not thereby create or by any Assent, express or tacite give unto them an Authority, Coordination Equality or share in the Legislative power, or were elected by them. page 1
  • §. 2. Of the Indignities, Troubles and Necessities which were put upon King John in the enforcing of his Charters, by the Pope, and his then domineering Clergy of England joyned with the Disobedience and Rebellion of some of the Barons encouraged and assisted by them. p. 7
  • §. 3. Of the succeeding Iealousies, Animosities, Troubles and Con­tests, betwixt King John and his over-jealous Barons, af­ter the granting of his Charters and his other transacti­ons and agreements with them at their tumultuous meet­ing [Page] at Running Mede, with the ill usages which he had before received of them during all the time of his Raign. p. 26
  • §. 4. The many Affronts, Insolencies and ill Usages suffered by King Henry 3. until the granting of his Magna Charta, & Charta de Foresta. p. 29
  • §. 5. Of the continued unhappy Jealousies, Troubles and Discords betwixt the Discontented and Ambitious Barons, and King Henry 3. after the granting of his Magna Charta, & Charta de Foresta. p. 36.
  • §. 6. That the Exceptions mentioned in the King of France's A­ward of the Charter granted by King John could not inva­lidate the whole Award or justify the provisions made at Oxford, which was the principal matter referred unto him. p. 58
  • §. 7. Of the evil Actions and Proceedings of Symon de Montfort and his Rebellious partners in the name of the King, whilst they kept him and his Son Prince Edward, and divers of the Loyal Nobility Prisoners, from the 14th of May in the 48th year of his Raign until his and their delivery by the more fortunate Battle at Evesham, the [...]th day of August in the 49th year of his tormented Raign. p. 66
  • §. 8. Of the Actions of the Prince after his Escape, his success at the Battle of Evesham, Release of the King his Father, and restoring him to his Rights. p. 98
  • §. 9. Of the proceedings of King Henry 3. after his Release and Restauration until his death. p. 100
  • [Page] §. 10. That these new contrived Writs of Summons made by undue means upon such a disturbed occasion, could neither obtain a proper or quiet sitting in Parliament, or the pretended ends and purposes of the Framers thereof, and that such an hasty and undigested constitution could never be intended to erect a third Estate in the Kingdom equal in power with the King and his great Councel, the House of Peers or con­sistent with the pretended Conservatorships, or to be coor­dinate with the King and his Great Councel of Peers, or to be a Curb to any of them, or themselves, or upon any other design than to procure some money to wade through that their dangerous Success. p. 108
  • §. 11. Of the great Power, Authority, Command and Influence which the Praelates, Barons and Nobility of England had in or about the 49th year of the Raign of King Henry 3. when he was a Prisoner to Symon Montfort [...]d these Writs of Election of some of the Commons to Parliament were first devised and sent to summon them. And the great power and Estate which they afterwards had to create and con­tain an Influence upon them. p. 122
  • §. 12. That the aforesaid Writ of Summons made in that Kings name to elect a certain number of Knights, Citizens, and Burgesses & the probos homines, good & honest men, or Barons of the Cinque Ports to appear for, or represent some part of the Commons of England in Parliament, being enforced from King Henry 3. in the 48th and 49th year of his Raign when he was a Prisoner to Symon de Montfort Earl of Leicester, and under the power of him and his party of Rebellious Barons, was never before used in any Wittena­gemots Mikel-gemots or great Councels of our Kings or Princes of England p. 147
  • §. 13. That the Majores Barones Regni, and Spiritual and Tem­poral Lords with their Assistants, were until the 49th year [Page] of the Raign of King Henry 3. and the constrained Writs issued out for the election of Knights Citizens and Burgesses whilst he was a Prisoner in the Camp or Army of his Rebellious Subjects, the only great Councels of our Kngs. p. 151
  • §. 14. That these enforced Writs of Summons to the Lords Spiritual and Temporal, accompanied with that then newly devised Engine or Writ to Elect Knights, Citizens and Burgesses to be present in Parliament, were not in the usual and accu­stomed form, for the summoning the Lords Spiritual and Temporal to the Parliament. p. 204
  • §. 15. That the Majores Barones, or better sort of the Tenants in Capite, Iustly and Legally by some of our Ancient Kings and Princes, but not by any positive Law that of the enfor­ced Charter from King John at Running Mede, being not accounted to be such a Law) were distinguished and separated from the Minores or lesser sort of the Tenants in Capite. p. 207
  • §. 16. That the General Councels or Courts mentioned before the Rebellious meeting of some of the English Baronage, and the constraint put upon King John at Running Mede, or before the 49th of Henry 3. were not the Magna Consilia, or generale Consilium, Colloquium, or Communia Consilia, now called Parliaments, (wherein some of the Commons as Tenants in Capite were admitted) but only truly and properly Curiae Militum, a Court sum­moning those that hold of the King in Capite to acknow­ledge Record, and perform their Services, do their Homage, and pay their Releifs, &c. And the Writ of summons menti­ed in the Close Rolls of the 15th year of the Raign of King John. was not then for the summoning of a great Councel or Parliament, but for other purposes, viz. Military Aids and Offices. p. 218
  • [Page] §. 17. That the Comites or Earls have in Parliament or out of Par­liament, Power to compel their Kings or Soveraign Princes to yield unto their [...]onsults, Votes or Advices, will make them like the Spartan Ephori, and amount to no more than a Conclusion without praemisses, or any thing of Truth, Law or Right Reason to support it. p. 229.
  • §. 18. Of the methods and courses which King Edward the first held and took in the Reformation and Cure of the former State, Diseases and Distempers. p. 286.
  • §. 19. That the Sheriffs are by the Tenor and Command of the Writs for the Elections of the Knights of the Shires, and Burgesses of the Parliament Cities and Burrough-Towns, the only Iudges under the King, who are fit and unfit to be Members in the House of Commons in Parliament, and that the Freeholders and Burgesses more than by a just and impartial Assent and Information, who were the fittest, were not to be the Electors. p. 371.
  • §. 20. Of the small numbers of Knights of the Shires and Burgesses, which were Elected and came in the Raign of King Ed­ward the first, upon his aforesaid Writs of Election; and how their numbers now amounting unto very many more, were after encreased by the corruption of Sheriffs, and the Ambition of such as desired to be Elected. p. 382.
  • §. 21. Who made themselves Electors for the chusing of Knights of the Shires to be Members of the House of Commons in Parliament, after the 21st year of the Raign of King Ed­ward the first contrary to the Tenor of his aforesaid Writs of Summo [...] made in the 22 year of his Raign, for the [Page] Election of Knights of the Shire, and Burgesses to come to the Parliaments and great Councils of several of our Kings and Princes afterwards. p. 387.
  • §. 22. Of the Actions and other Requisites by the Law to be done by those that are or shall be Elected Knights, Citizens and Burgesses to attend our King in their great Councils or Parliaments, praecedent and praeparatory to their admissi­on therein. p. 388.
  • §. 23. That the Members of the House of Commons being Elected and come to the Parliament as aforesaid, did not by vertue of those Writs of Election sit together with the King and the Lords Spiritual and Temporal in one and the same Room or Place; and that if any such thing were, as it never was or is likely to be proved, it cannot conclude or infer that they were or are co-ordinate, or had, or have an equal power in their Suffrages and Decisions. p. 393.
  • §. 24. What the Clause in the Writs for the Election of Knights, Ci­tizens and Burgesses to come unto the Parliament, ad fa­ciendum & consentiendum do properly signifie, and were intended by the said Writs of [...] to be Members of the House of Cowmons in Parliament. p. 398.
  • §. 25. Of the many variations and alterations of our Kings Writs of Summons to their great Councels or Parliaments, excluding some, and taking in others to be assistant in that high and Honourable Court, with its Resummons, Revisions, drawing of Acts of Parliament, or Statutes dy the Judges, or the Kings learned Councel in the Laws, and other Requisites therein necessarily used by the sole and individual authority of our Kings and Princes. p. 411.
  • §. 26. What is meant by the word Representing, or if all, or how many of the people of England and Wales, are or have been in the Elections of a part of the Commons to come to Parliament Represented. p 548.
  • [Page] §. 27. That no Impeachment by all or any of the Members of the House of Commons in Parliament, or of the House of Peers in Parliament, hath, or ever had any authority to invali­date, hinder, or take away the power, force, or effect of any the pardons of our Kings or Princes, by their Letters Patents, or otherwise for High Treason, or Felony, Breach of the Peace, or any other crime or supposed Delinquency whatsoever. p. 573.
  • §. 28. Of the protection and priviledge granted unto the Members of the House of Commons in Parliament, by our Soveraign Kings and [...]rinces, during their Attendance and Employ­ments in their great Councils of Parliament according to the Tenor and purport of their Commissions. p. 607.
  • §. 29. Neither they claim, or ever were invested by any Charter or Grant of any of our Kings or Princes, or otherwise of any such Priviledge or Liberty, nor was, or is in England any Law, or Usage, or Custom, that a Parliament sitting cannot be Prorogued or Dissolved as long as any Petition therein exhibited remaineth unanswered, or not deter­mined. p. 633.
  • §. 30. That in those Affairs peculiar only to so great and venerable an Assembly, which should not be trivial or proper to lower and lesser Iurisdictions, assigned for the determining of lesser matters for the publick ease and benefit, our Kings and Princes have a greater burden and care upon them as Gods Vicegerents, besides that of Parliaments, to manage and take care of the Kingdom, for the benefit and good of themselves and their people. p. 637.
  • §. 31. That our Great Councils or Parliaments, except anciently at the three great Festivals, viz. Christmas, Easter and Pen­tecost, being ex more summoned and called upon extra­ordinary emergent occasions, could not either at those grand [Page] and chargeable Festivals, or upon necessities of State or Publick Weal and preservation ex natura rei continue long, but necessarily required Prorogations, Adjournments, Disso­lutions or endings. p. 641.
  • §. 32. That Parliaments or Great Councels de quibusdam arduis concerning the defence of the Kingdom and Church of Eng­gland, neither were or can be fixed to be once in every year or oftner, they being always understood and believed to be by the Laws, and Ancient, and reasonable Customs of Eng­land ad libitum Regis, who by our Laws, Right Reason, and all our Records and Annals, is and should be the only Watchman of our Israel, and the only Iudge of the necessity, times and occasion of Summoning Parlia­ments. p. 650.
  • §. 33. That all or any of the Members of the House of Commons in Parliament are not properly, or by their original constitu­tion intended, or otherwise entituled, or properly, truly, justly lawfully seized, or to be stiled or termed Estates; neither are to be so understood or believed to be; and being to be no otherwise than subject to a Temporary Election, and by the Authority of their Kings Writs paid their Wa­ges and Charges, by those that sent and elected them, can have no Iust or Legal Right thereunto. p. 656
  • §. 34. A Series or accompt of the many Seditions, Rebellions and Dis­cords that have successively happened since the beginning of the Raign of King Henry 2. to our succeeding Kings and Princes until this present Age wherein we now live, by mi­staken and never to be warranted principles. p. 717.

A Vindication of the Antient and Present Esta­blish'd Government of the Kingdom of ENG­LAND under our Kings and Monarchs ap­pointed by GOD, from the Opinion and Claim of those that without any Warrant or ground of Law, or Right Reason, the Laws of God and Man, Nature and Nations, and the Re­cords thereof, would have it to be Originally deriv'd from the People, Co-ordinate with the Houses of Peers and Commons in Parlia­ment, or by their Election.

SECT. I.

That our KINGS of ENGLAND in their voluntary Summoning to their Great Councels and PARLIAMENTS some of the more Wise, Noble and better part of their Subjects, to give their Advice and Consent in Matters touching the Publick Good, and Extraor­dinary Concernment, did not thereby Create, Or by any Assent, Express or Tacite, give unto Them an Authority, Co-ordination, Equality or Share in the Legislative Power, or were Elected by Them.

THe Laws of GOD, Nature and Nations, our Laws of England, and the Records thereof, (no Strangers at all unto them, but much in League and Friendship with them) did ne­ver deny our Kings and Princes to make use of the Councels and Advice of such of their Subjects, as were fit and able to give it.

Nor did any of our Kings, by such appli­cations unto their Subjects for their advice and councels, either in general, or particular, common, publick, or private Coun­cels, or any of their Laws, Grants, Charters or Customs, ever allow them any co-ordinate or equal Authority with Them, or over any of their Actions, in the giving of their Approbati­on, Advice, or Consent; Or otherwise, if we may believe (as we ought) those Records and Accounts which the World, and its aged Companion, TIME, have from their Infancies left, and recommended unto us: no such Liberties, Customs, or Privi­ledges at all ever appearing to have been granted, or of right [Page 2] appertaining unto them, by any Warrant, Foundation, Law, Act of Parliament, Reason, Prescription or Custom.

In the time of our Ancestors the Britains, Dr. Duck De authoritate Juris Civilis Romanorum Lib. 2. Spelman. Conal 35. c. 8. Sect. 14. & 16. Chronicon Io. Brompton 956. Selden Dissert. ad Fletam, c. 4. sect. 4. Qui Legibus Ro­manis, (not of the Senate, but the Emperours) Caesareis, seu im­perialibus, paruerunt quamdiu sub Imperio Romano; which Mr. Selden hath asserted to have continued 360 years, or therea­bouts, from the time of Claudius the Emperour, to that of Hono­rius; and that Severus the Emperour kept his Court for several years at York, where Papinian, that great and famous Lawyer, sate Praetor, or Lord Chief-Justice, under him.

Which could not but introduce much of their Laws and Usa­ges amongst us, and the near succeeding Ages were so unwil­ling to part with them, as they would never after be altogether Strangers unto them; Sir J. Spelman de vita Aelfredi Regis 8. & R. Ep. Chal [...]edon. Nich. Smith ap­pendix 190. & doctissimae Annot. in lib. ejusdem Iohn Spelman 6. For King Aethelulph travelled with his Son Aelfred to Rome, and Aelfred, whilst he was there, and like­wise after his return, and being King, Librorum omnium notitiam habebat, saith William of Malmsbury; and was very learned, as Asser Menevensis, who was his Contemporary, and privy to most of his Actions, and Hoveden, and Ingulsus, have recorded it to Po­sterity; Plurimam partem Romanae Bibliothecae Anglorum auribus dedit. And Offa King of the Mercians had in the year of Christ 790. before the time of Aethelulph, sounded, erected and main­tained in Rome a Schola Saxonica, which could not be either con­stituted or continued, without some Commerce with the Latian Language and Laws: the one being likely to be an effectual means to convey the other, and by a constant intercourse conti­nue the course and knowledge of some part of these Laws and Customs in England.

Or in any of those Laws which Dunwallo Molmucius, cujus Le­ges Molmucianae dicebantur, ordained.

Or in those which Mercia Regina, Britonum Uxor Gurtheli à qua Provincia Merciorum, containing Gloucester shire and seven o­ther Counties, putatur denominata edit, as an authentique Histori­an saith, discretione & justitia plenas quae Lex mercia dicebatur.

Of King Ethelbert, Chronicon J. Brompton 788. Circa annum salutis 588, or 613. qui sub Heptarchia Saxonum, (as venerable Bede relates it) decreta judiei­orum inter subditos suos juxta exempla Romanorum, Consilio sapi­entum constituit, & decreta judiciorum scribi fecit genti suae.

Et sub Saxonibus, & Danis, Dr. Duck lib. 2. c. 8. sect. 14. & 16. quamvis pauciora Legum Roma­norum vestigia reperiamus. The learned Dr. Duck, seconded by Dr. Langham, in observationibus de antiquitatibus & legibus Roma­norum in Britannia exercitatissimus, have not indiligently noted, constabit tamen Reges eorum qui reliquis pietate, virtute, & gloriae cupiditate praecelluerunt in judiciis, & jure dicundo inter subditos suos ad exempla Romanorum saepius se composuisse.

[Page 3] In the Laws of King LL Inae Reg. in legib. Saxon per Ab. Whelock & W. Lambard, Latin. reddit. Ina, who, about the year 712 after the Redemption of Mankind, suesu & instituto Cenradi Patris sui Heddae & Erkenwaldi Episcoporum suorum, omnium Senatorum suorum, & natu majorum & sapientum populi sui in magna servorum Dei frequentia: commanded, ut justa judicia per omnem ditionem suam fundita stabilitaque sint, at que ut nulli liceat in posterum Senato­ri Chronic. Joh. Brompton, 700. sive alteri cuivis in ditione sua degenti sua antiquare judicia & in­stitutiones sive Leges genti suae condidit solempnes.

Of King Alured, LL Alluredi Regis. who about the year 871. prudentissimorum è suis consilio, declaring that many of the Laws of his Ancestors, quae sibi minus commoda videbantur ex consulto sapientum partim an­tiquanda partim innovanda curavit, & quaecunque in actis Inae gentilis sui Offae Merciorum, Regis vel Ethelbert (qui primus Anglorum sacrotinctus est Baptismato) observatu digna deprehensus fuit, ea colle­git omnia, reliqua plane omisit, at (que) in istis discernendis prudentis si­morum è suis consilio usus at (que) iis omnibus placuit editi eorum obser­vationes.

Or in the League made betwixt King Alured and Guthrun the Dane, or afterwards betwixt King Edward and Guthrum, à sapientibus recitata sepius at (que) ad commodum & Regni utilitatem aucta & amplificata.

Or in or by any of the Books, if they were extant, and now to be seen, said to have been collected and written by that great King, viz. Breviarium Balaeus & J [...]. Spelm. de vita Aelfredi Regis 166. quoddam collectum ex Legibus Trojano­rum, Graecorum, Britannorum, Saxonorum, & Danorum. 2 o. Visi Saxonum Leges. 3 o. Instituta quaedam. 4 o. Contra judices ini­quos. 5 o. Dicta sapientum. 6 o. Acta Magistratum. 7 o. Collectiones Chronicorum.

Or by the Laws of King Edward, LL Edward [...] Regis. about the year 900. where iis omnibus qui Reip. praesunt etiam at (que) etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices, perinde ut in judiciali libro scriptum habetur, nec quicquid formident jus com­mune audacter liberè (que) dicant, ac litibus singulis dies quibus dijudicen­tur condictos statuit.

Of King Athelstan, LL Aethelsta­ni Regis. about the year 924. (the Heptarchy be­ing then reduced to its pristine estate of Monarchy) Consilio Ulf­helmi, Archiepiscopi aliorumque Episcoporum, & servorum Dei.

Or in his Laws not long before made in a Councel held at Exeter, where he was, as they mention, sapientibus stipatus.

Of King Edmond, LL Edmunds Regis made in a Councel at London, about the year 940. tam Ecclesiasticorum, quam Laicorum, cui interfuerunt Oda & Wolstanus Archipraesul, plurimique alii Episcopi.

[Page 4] Or in or by the first written Laws of the Britains, Dr. Duck de authorit. Iuris civilis Rom. li. 2. c 8. sect. 16. n Sammes Brit▪ Antiq. i [...]str. 100, 101, 102, 103. about the same time, in the Reign of their King Howel Dha, stiled the Good, (the Bards and Druids, Sammes Brit▪ Antiq. i [...]str. 100, 101, 102, 103. men of great veneration, po­wer and esteem amongst them, not before recommending to posterity, or committing to writing any of their Laws, Cu­stoms or Memorials) qui convocati Episcopis & Laicis doctissimis Leges antiquas correxit & novas condidit.

Or in the Laws which King Eldred Jo. Spelman in vita Aelfredi, 124. ex Ingulfo made about the year 948. in festo nativitatis beatae Mariae, when universi magnates Regni, per Regium edictum summoniti tam Archiepiscopi totius Regni quam proceres, & optimates Londoniis convenerunt ad tractandum de ne­gotiis publicis totius Regni.

Of King Edgar, LL Edgari Regis Cook in Praefat 4. relat. who about the year 959. (favente Dei gra­tia) not of the People, stiling himself totius Angliae [...] & Im­perator, frequenti lenatu proposuit leges populo servandas.

Of K. Ethelred, LL Ethelredi Regis. about the year 980. made sapientum consilio.

Or in the Senatur consultum, Agreement, or League, made between him and the monticuli Walliae, or men of the mountai­nous parts of Wales, Angliae sapientibus, & Walliae consiliariis.

Of or by the Laws of King Canutus, LL Canuti R constituted about the year 1018. ex sapientum consilio.

Of King Edward the LL Edwardi Reg. Confess. Confessor, who reigning about the year 1042. and stiling himself Monarcha & Vicarius summi Regis, collected out of the Mulmucian, Mercian, Saxon, and Danish Laws, and other reasonable Customs used until his time, or­dained Laws, concilio Baronum Angliae, & Leges 68 annis sopitas excitavit, excitatas reparvit, reparatas decoravit, deboratas confirma­vit, confirmatae verò vocantur Leges Regis Edwardi, Tit. l. x Nori­corum & Danor. in Britann [...]a. non quod ipse primo ad invenisse eas, sed cum praetermissae fuissent, & oblivioni pe­nitus deditae à diebus avi sui Edgari qui 17 annis regnavit, ipse Ed­wardus, quia justa erant & honesta à profunda abysso extraxit, eas revocavit, & ut suas observandas contradidit.

And were afterwards by William Chron. Lech. seldense. the Conquerour, upon the tears and intercession of the English, consilio habito & praecatu Ba­ronum per universos Angliae consulatus nobiles & sapientes & suâ lege eruditos, upon the Oaths of twelve men in every County, granted and confirmed unto them.

Of the Laws which he made, LL Guilielmi Regis Conqu. Universo populo Angliae post subactam terram, (a time when new Laws are usually made or given) and giving much of that Conquered Land Commilitoni­bus Matt. Paris suis, being for a great part the same Laws which King Ed­ward the Confessor had before caused to be observed.

Amongst which Laws, Tit. 95. said to have been the Laws of Wil­liam the Conquerour, there remains one in these words, viz. Sta­tuimus [Page 5] & sirmiter praecipimus ut omnes liberi homines totius Regni nostri sint fratres conjurati ad Monarchiam nostram, & ad Regnum nostrum pro viribus suis & facultatibus contra inimicos pro posse suo defendendum & virilitèr servandum, & pacem, & dignitatem Coronae nostrae integrè observandam & ad judicium rectum & justiti­am constantèr omnibus modis pro posse suo sine dolo & sine dilatione faciendam.

Or in or by his Laws and Charters Seldeni notae & spicilegium ad eadmerum 167. made and granted, tam Francigenis quam Anglis communi Consilio Archiepiscoporum, Abba­tum, & omnium principum Regni sui, for and concerning the se­paration and dividing the Ecclesiastical Laws and Jurisdicti­ons from the Temporal and Common.

Or in or by the Spelman gloffar. in le­gib. Reg. H. 1. codex Legum, compiled by King Henry I. ex legibus Salicis, Ripuariis, Danicis, & aliarum gentium an­tiquis.

Or in or by his Charter granted unto the Baronage and Peo­ple of England, so much approved, as when Stephen Langton, b Mat. Paris 240, 241. Archbishop of Canterbury, had produc'd it unto some of them that were quarrelling with King John, for infringing some parts of their Liberties, they did swear, That they would live and die in the defence and maintenance thereof.

Or in a Councel holden Mat. Paris 21. Anno Domini 1095. in the 8th. year of the Reign of King William Rufus at Pedred, coram Re­ge & Archiepiscopo Dorobernensi at (que) Primatibus totius Regni judicantibus ubi terminata fuit controversia inter Thomam Archi­episcopum Eboracensem, & Ulstanum Episcopum Wigornensem.

Or the Charter of King Stephen, who granted omnibus Baro­nibus & hominibus suis de Anglia omnes libertates & bonas leges quas Henricus Rex Angliae avunculus suus eis dedit & concessit, & omnes bonas Leges, & bonas consuetudines eis concessit, quas habuerunt tempore Regis Edwardi.

Or in the agreement made afterwards between him and Maud the Empress and her Son, touching the succession of the Crown of England.

Or in any of those which King Spelman glossar. in dia­triba de Mag [...] Charta. Henry II. granted, restored, and confirmed, Deo & sanctae Ecclesiae, & omnibus Comitibus Ba­ronibus, & omnibus hominibus suis omnes consuetudines quas Rex Henricus avus suus eis dedit & concessit adjecta sanctione, ut libe­re, quiete, & plenario tenerentur.

Or in the Letter or Epistle Balaeus de scriptorib [...] Anglix 93. which he wrote unto Thomas Becket, Archbishop of Canterbury; which, probably, if it were extant, would not contradict the Rules and Laws of his Go­vernment.

Or in the great Councel of Clarendon, holden by the same [Page 6] King, where a recognition of many of the ancient Laws and Customs of the Nation, concurrentibus Episcopis & Proceribus congregato clero & Dugdale's O­rigmes Juridi­ciales 17. populo tunc praecepit Rex universis Comitibus, & Baronibus Regni.

Or when he held a great Councel at Northampton, Chronicon Jo. Bromton 62. coram Epilcopis, Comitibus, & Baronibus terrae Assisaw fecit, & eam te­neri praecepit, scilicet quod Regnum suum divisit in sex partes per­quarum singulas tres Justicias constituit.

Or that of King Spelman's glossor, Richard I. holden at London, congregatis Episcopis, Comitibus, & Baronibus Regni sui.

Or by King John's permitting the Speech or Oration which Hubert Walter Archbishop of Canterbury made unto him at his Coronation, after the Death of King Richard I. at London, in praesentia Archiepiscoporum, Episcoporum, Comitum, & Baronum, & aliorum omnium qui ejus Coronationi interesse debuerant, ubi stans in medio omnium, dixit, audite universi, noverit discretio vestra quod nullus praeviâ ratione alii succedere habet Regnum nisi ab uni­versitate regni unanimitur invocata spiritus electus, Mat. Paris 197. & secundum morum suorum eminentiam prae-electus ad exemplum & similitudi­nem Saul primi Regis in uncti quem praeposuit Dominus Populo suo non Regis filium, nec de Regali stirpe procreatum, similiter post eum David Jessae filium hunc quia strenuum & aptum dignitati Regiae, illum quae sanctum & humilem, ut sic qui evectus in Regno superemi­net strenuitate omnibus praesit in potestate & regimine verum si quis ex stirpe Regis defuncti aliis praepolleret, pronius & promptius in electionem ejus est consentiendum, haec idcirco diximus pro inclyto Conite qui praesens est fratre illustrissimi Regis nostri Richardi jam defuncti, qui haerede caruit ab eo egrediente, qui providus & stre­nuus & manifeste Nobilis, quem nos invocatâ spiritus sancti gratiâ, rationi tam meritorum, quam sanguinis Regii ananimiter elegimus universi.

Whereupon, saith Daniel, Daniel 127. (agreeing therein with Matthew Paris) the Archbishop being after, by some of his Friends, questioned for so doing: confessed, that he fore-saw whatso­ever blood and mischief it should cost, (his Title by Succession, in the life of his Nephew Arthur, his elder Brother Geffry's Son, being at that time not able to carry it) he would endeavour to obtain the Crown; and therefore, the safer way to prevent confusion, was, that the Land should rather make him King than he make himself, and that the Election would be some tie upon him.

Or in or by the Books (if extant) which that King is said to have wrote, entituled Leges pro Republicâ. 2d. Statuta l Balaeus de scriptoribus Anglicis. 102. Regalia 3d. in the Epistle which he wrote, Ad Innocentium [Page 7] Papam, contra Stephanum Langton, Archiepiscopum Cantuari­ensem. 4th. Ad Stephanum Cantuariensem Episcopum 5th. Ad Innocentium Papam, contra Barones. 6th. Ad Londinen­ses pro Praetor. 7th. Super Charta Obligatoria.

Which (if the devouring teeth of Time, or corruptions of their Originals, have not met with them) might, if perused, be believed to make no opposition to that which should be in a well-ordered Regal Government.

Or in or by the Charter at Running Mead, called Magna Charta, & Charta de Forestae, wrested and enforced from him by a mighty Army of too many of the Barons of England, with their innumerable adherents, upon Sam. Daniel in the Life of King John. their Oaths solemn­ly taken upon the Altars, never to desist, until they had ob­tained a grant of their Laws and Liberties, which they pre­tended to have been violated; which, saith Daniel the Histo­rian, might be wished to have been gained by those unruly Barons in a better manner.

Or by any of our Laws, or any of the Charters or Li­berties granted by any of our Kings or Princes before or after.

SECT. II.

Of the Indignities, Troubles and Necessities which were put upon King JOHN, in the enforcing of his Charters, by the Pope, and his (then) Domineering Clergy of England, joyned with the Disobedience and Rebellion of some of the Barons, encouraged and assisted by them.

THat unfortunate Prince, so ill used by Hubert Walter, Archbishop of Canterbury, in the beginning of his Reign, and as bad by Philip King of France, who had given the Honour of Knighthood unto Arthur the Son of King John's elder Brother, and taken his Homage for Anjou, Poicteau, Touraine, Maine, and the Dutchy of Normandy, with an en­deavour to make it the most advantageous for himself, in re­gard that King John had neglected to do his Homage for those Provinces, being Members of the Crown of France.

And in the third year of his Reign Daniel 129. imposing 3 s. upon every Plough-land, for discharge of a Dowry of 30000 Marks to be given in marriage with his Niece Blanch, the collecting whereof the Archbishop of York opposed in his Province; for which, and refusing to come upon summons to his Treaty in France, seizing his Temporalities, the Archbishop Interdicted [Page 8] the whole Province of York, and Excommunicated the Sheriff; Into which County the King, with his Queen Isabel, after­wards making their Progress, in their Journey towards Scot­land, and exacting great Fines of Offenders in his Forests, the Archbishop his Brother refused him Wine, and the Honour of the Bells at Beverly. A reconciliation was notwithstanding made betwixt them, by the mediation of four Bishops, and as many Barons, with a great sum of money, and a promise to reform excesses on both parts: When the King, upon Easter after his return from the North, was again Crowned at Canter­bury, and with him his Queen, by the Archbishop Hubert; and there the Earls and Barons of England were summoned to be ready with Horse and Armour, to pass the Seas with him presently after Whitsontide; but they holding a Conference to­gether at Leicester, by a general consent, sent him word, that unless he would render them their Rights and Liberties, they would not attend him out of the Kingdom; whereupon he required of them security, by the delivering up unto him the principal of their Castles, and began with William de Albany, for his Castle of Belvoir, who delivered unto him his Son as a Pledge, but not the Castle.

And the King, with the King of France, being after soli­cited by the Popes Legate, obtained a Subsidy of the fortieth part of all their Subjects Revenues for one year, by way of Alms, to succour the Holy Lands; for the levying whereof in England, Geffery Fitz-Peter, Justiciar in England, sent out his Writs by way of request and perswasion, (not as of due, or by co-action) to avoid example.

Howsoever, the King of France declared for Arthur, to whom he married his youngest Daughter, required King John to deliver up unto him all his Provinces in France, and by a peremptory day summon'd him to appear personally at Paris, to answer what should be laid to his charge, and abide the Ar­rest of his Court, which he refusing, was by sentence adjudg­ed to lose all which he did hold in France of that Crown; who thus beset with the King of France on the one side, and his Nephew Arthur and the Barons of Daniel 130. Anjou on the other, who laid siege to Mirabel, defended by Eleanor Mother of King John, who by her intermedling, turbulent, and unquiet spi­rit, had done him no good: with great expedition relieved it, by defeating the whole Army; carrying away Prisoners Earl Arthur, Hugh le Brun, all the Barons of Anjou, and 200 Knights.

[Page 9] Whereupon, Arthur being shortly after murdered in Prison, and the deed laid to his charge, with the cruel execution of many of his Prisoners, it so exasperated the Nobility of Britain and Poicteau, as they all took Arms against him, and sum­mon'd him to answer in the Court of Justice of the King of France; which he denying, was condemned to forfeit the Dutchy of Normandy, which his Ancestors had held by the space of 300 years: and of that, and all his other Provinces in France, became wholly dispossest.

And with that disastrous success returning into England, charged the Earls and Barons with the reproach of his losses in France, and fined them to pay the fourth part of all their Goods, for refusing their aid, to which the feudal Laws and their tenures had obliged them.

Neither spared he the Church or Commonwealth in the like Imposition: of which Geffery Fitz-Peter, Justiciar of Eng­land, was Collector for the Laity, and Hubert Archbishop of Canterbury for the Clergy.

Which being not enough to supply his occasions for War in France, (where great Estates of many of the English Nobility then lay) a Parliament was convoked at Oxford, wherein was granted two Marks and a half of every Knights F [...]e for Mili­tary Aid; the Clergy promising to do the like on their part.

In anno 8 o. of his Reign, another Imposition was laid, of the 13 th. part of all the moveables of the Clergy and Laity, which was again opposed by the Archbishop of York, who so­lemnly accursed the Receivers thereof Daniel 131. within his Province, and departed out of the Kingdom.

Unto which also was added a miserable breach betwixt Le­giance and Authority; for Hubert Archbishop of Canterbury being dead, a great controversy happened betwixt the King and the Pope, upon the Monks of Canterbury's (who were sent about it to Rome) election of Stephen Langton a Cardinal; who, though an English-man born, had been bred in France, and an adhaerent to that King; Being thus elected, and conse­crated by the Pope at Viterbium in Italy, the election of the Bishop of Norwich, whom the King had procured to be elected, being made void, and those Monks and the rest of the Agents sent home, with the Popes Letters, exhorting the King be­nignly to receive Stephen Langton; and charging the Monks remaining at Canterbury, by virtue of holy Obedience, to obey the Archbishop in all Temporal and Spiritual matters: With which the King being greatly displeased, seized upon all which the Monks had, who with their Prior hasted away to Flanders.

[Page 10] And writing a sharp Letter to the Pope concerning the wrong done unto him, in making void the election of Gray Bishop of Norwich, and advancing Stephen Langton, a man unknown to him; and which was more to his prejudice, without his consent: gave him to understand, that he would stand for the liberties of his Crown to the death; constantly affirming, that he could not revoke the election of the Bishop of Norwich, and that if he were not righted therein, he would stop up his passages of his Subjects to Rome; and, if necessity required, had in his Kingdom of England, and other his Do­minions, Archbishops, Bishops, and other Prelates, of so sufficient Learning, as they needed not to beg Justice and Judgment of Strangers. Unto which as angry a Letter being returned, and two Monks, who were staid at Dover, having been sent from Rome to demand his assent for the election of Stephen Langton, admonished him to endeavour to give him and the Church their Right, and not to cast himself into those difficulties from whence he could not easily release himself: since He in the end must overcome, to whom all knees bow in Heaven, Earth, and Hell, whose Vicegerency here below he exercised; Neither was it safe for him to repugn God and the Church, for which the glorious Martyr and Bishop Tho­mas Becket shed his Bloud: especially since his Father and Brother, late Kings of England, have in the hands of the Legates of the Apostolick See, abjured (which the Records and Me­morials of England do with great clearness contradict) that (as he pleased to call it) Impious Custom.

And when he was Ibidem 132. informed how the King had proceeded against the Church of Canterbury sent his Mandates to the Bishops of Ely, London, and Worcester, to exhort him to re­form himself; and if they found him contumacious, to inter­dict the whole Kingdom; and if that would not correct him, would lay a severe hand on him.

Which they being ready to obey, with tears beseeching him that he would call home the Archbishop and the Monks of Canterbury, and avoid the scandal of interdiction: The King in a great Passion against the Pope and Cardinal, interrupting their Speech, Swore, that if they, or any other, should dare to put the Kingdom under Interdiction, he would presently send all the Clergy of England to the Pope, and confiscate their Goods; and that if any of Rome should be found within any part of his Land, he would cause their Eyes to be put out, their Noses cut, (over fierce punishments long before usually and indifferently inflicted upon offending Criminals, Laicks [Page 11] and Clergy, by our Saxon and Norman Ancestors, much be­fore, and sometimes, since the time of our William the Con­querour) and so sent home, that by those marks they might be known of other Nations; charging the Bishops moreover, presently to avoid his presence, as they would avoid their own danger.

Of which the Pope being certified by those Bishops, the whole Kingdom was shortly after interdicted, all Ecclesiasti­cal Sacraments and Offices (except Confession, Extream Unction, and Baptism of Children) seized, and Dead were put into the Earth without Priest or Prayer; the King by his Sheriffs and Ministers commanded all Prelates and their Ser­vants to depart the Kingdom, confiscated all the Revenues of the Bishopricks, Abbyes and Priories; many of the Pre­lates getting into the Monasteries, as places priviledged.

And not forgetting the Indignities, Hardships, Necessities, and ill usages, which had been undutifully put upon him by some of his Barons, with the Domineering of the Pope, his Legates and Clergy, whilst like a Tennis-Ball he had been betwixt them tost from one hand, Wall and Racket to ano­ther, with the great oppressions which had been laid upon him by the Clergy of one part, and some of his unruly Ba­rons on the other; the discords of the former more encoura­ging the latter by the Popes Excommunication, and Inter­dicting his Kingdom, did the better to prevent the revolt of his Subjects, which might follow upon his breach with the Church, send with a Military power to all the great men of the Kingdom to give Pledges for the assurance of their Fide­lity; wherein some of them gave satisfaction by sending their Sons, Nephews, or nearest of Kin; amongst whom William de Brause a great Baron being sent unto, his Lady too sharply giving an answer, before her Husband could do it, That the King should have none of her Son to keep, that was so ill a keeper of his own Brothers Son Arthur; but her Lord repre­hending her for it, returned his answer, That he was ready if he had offended, to satisfy the King without any Pledge, r Daniel 135. according to the judgment of his Court, and that of his Peers.

The King displeased with the Londoners, removed his Ex­chequer to Northampton, marched with an Army to make War against the King of Scotland; and that business appeased, in his return back caused all the Inclosures in his Forests to be laid open.

[Page 12] The Pope seeing that he would not yield, proceeded to an Excommunication of his Person, which did put him into a desperate rage against the Clergy, who durst not execute the Popes Mandate for many days after; which Excommunica­tion of the King was accompanied with that of the Emperour Otho his Nephew, and all the Estates of Germany and the Ro­man Empire were absolved from their Obedience and Fidelity: But the King having gained great Treasure from the Iews made a Voyage into Ireland, where receiving the Homage of many, and reducing much of that Country to his obedience, ordained the same to be governed by the Laws and Customs of England (the contests whereof were not then fully settled) making the Coin and Money thereof to be there Currant, and leaving John Grey Bishop of Norwich to be Justiciar, and there after three Months stay returned into Wales, which had Re­belled; reduced them to Obedience, taking 28 of the Chil­dren of their best Families for Pledges: Whence returning in the 13th. year of his Reign, he required, and had of every Knight that attended not his Army in that Expedition, two Marks; and at Northampton received the Popes Agents, Pan­dulphus and Durandus, who were sent to make a Peace betwixt the Kingdom and Priesthood, (too many of whom in matters against the King were seldom at odds) by whose exhortation, and the consideration of the State of the Kingdom, he con­sented that the Archbishop, and all the exiled Bishops, and Monks of Canterbury, should in peace return to their own; but refused to make satisfaction for their Goods taken away.

They depart unsatisfied, which made the Pope more Im­perious to constrain him to do whatsoever he desired; and to that end Absolved all his Subjects upon what occasion soever from all their obedience, strictly forbidding them under pain of Excommunication Board, Councel and Conference.

Who preparing to suppress an Insurrection of some of the Welsh, had intelligence, that if he proceeded therein, he would either be killed or betrayed; whereupon he returned to London, required Pledges of the Nobility, and had them; Eustace de Vescy, and Robert Fitz-Walter, being accused of the Conspiracy, fled, the one into Scotland, the other into France; and the Pope pronouncing the Kings absolute Deposition from the Regal Government of the Kingdom, wrote to the King of France a perfidious dangerous enemy of King John's; That as he looked to have remission of his Sins, he should take the charge upon him to expel him out of the Kingdom of England, and possess the same to Him and his Heirs for ever; and sent [Page 13] Letters to the Daniel 137. Princes and great Men of other Nations, That they should aid the King of France in the dejection of that con­tumacious King of England, in revenge of the Injuries done to the Universal Church: granting like remission of their Sins, as if they undertook the Holy War.

The King of France thereupon making great preparations a­gainst him, and with that Commission the Archbishop of Can­terbury, and the other exiled Bishops, with Pandulphus the Popes Legate, being sent unto him: private instructions were given by the Pope to Pandulphus, his juggling Legate, at his returning into England out of the King of France's great Army prepared against him, that if, upon the Preparation and Forces gathered by the King of France for his dejection, he could work the King of England to such conditions as he should propound, Absolu­tion and Restauration should be granted unto him; Who, thus distressed, Daniel 138. not only granted restitution and satisfaction of what­ever had been taken from the Archbishop, and Monks of Can­terbury, and the Bishops of London, Bathe, and Lincoln, (who were fled into France to the Archbishop) but also laid down his Crown, Scepter, Sword, and Ring, the Ensigns of his Regality, at the feet of Pandulphus, as a Livery and Seizin of the Kingdom of England to the Pope, and submitted himself to the judg­ment and mercy of the Church; which being, two days after, or, as some have written, six, restored unto him, upon an agree­ment made at the receiving thereof upon his Oath, Matt. Paris 134. 235. Non sine dolore, (saith Matthew Paris) tactis sacrosanctis Evangeliis, in praesentia Pandulphi, se judicio sanctae Ecclesiae pariturum, & sex­decim cum eo Comites & Barones ex potentioribus Regni in ani­mam ipsius Regis juraverunt: Quod si fortè facti paeniteret, ipsi eum pro possibilitate compellerent; And thereupon, convenerunt decimo tertio die Maii, apud Doveriam, (viz.) die Lunae, proxi­mo ante Ascensionem Domini Rex, & Pandulphus, cum Comitibus, Baronibus, & turba multa nimis (no House of Commons cer­tainly) ubi in pacis formam unanimitèr consenserunt; And in the King's Name, and under his Seal, it was declared by the Title of Iohannes Dei Gratiâ, (not of the Pope, or People;) and four of the Barons, (viz.) William Earl of Salisbury, his Brother, Reginald Earl of Boloigne, William Earl of Warren, and William de Ferrariis, juraver ant in animam suam, (i. e. Regis) That they should, bonâ side, in every thing observe that Peace and Agree­ment.

And he did likewise solemnly and absolutely swear, stare mandato Domini Papae, to stand to the will and command of the Pope, and his Legate or Legates aforesaid, in all things; for [Page 14] not doing whereof, he was excommunicated by him; and that he should not molest Stephen Archbishop of Canterbury, Willi­am Bishop of London, Eustace Bishop of Ely, Giles Bishop of Hereford, Iosceline Bishop of Bath, Hubert Bishop of Lincoln, the Prior and Monks of Canterbury, Robert Fitz-Walter, (whose Castle of Baynard, in or near London, the King had before sei­zed, with all his other Lands and Estate, proclaiming him a Traytor) and Eustace de Vescy, with all other Clarks and La­icks, which had adhaered unto them, but continue in a firm peace and good accord with them; and should publickly take his Oath before the said L gate or his Delegate, that he should not hurt, or cause them to be molested in their Persons, Lands, Goods, or Estates; but should receive them into his grace and favour, and pardon all their Offences; not hinder the said Arch­bishops and Bishops in their jurisdictions and execution of their Office, but they might fully execute their Authority as they ought; and should grant to the Pope, Archbishops, and Bi­shops, his Letters Patents thereof, upon Oaths to be taken by the Bishops, Earls, and Barons, and their Letters Patents given, that they would firmly and truly hold and keep the said Peace and Agreement; and if he by himself, or others, should in­fringe it; they in the behalf of the Church, should oppose the Violators of the said Peace and Agrement; and he should lose the benefit of the Custody of their Churches, in the vacancy thereof: and if he could not perswade others to keep the last part of the Oath, that is to say, by himself, or others should contradict or go against it, they should put in execution the power of the Church, and Apostolick Command; and did by his Letters Patents, further oblige himself to quit and renounce all his Rights and Patronage, which he had in any of the Churches of England; and the said Letters Patents, should be transmitted and delivered to the said Archbishop and Bishops, before their coming into England; the said Archbishop and Bishops, with a Salvo honore Dei & Ecclesiae, giving caution by their Oaths, and Letters Patents that, neither they, nor any on their behalf, should attempt or do any thing against his Person or Crown, whilst he observed and secured unto them the Peace and Agreement as aforesaid; And as to what was taken from them, should make unto them full Restitution, with Damages for all that had been done as well to Clerks as Laicks, intermedling in those Affairs, not only as to their Goods and Estates, but all Liberties which should be preserved unto them, and to the Archbishop and Bishop of Lincoln, from the time of their Consecrations, and to all others from the time of the aforesaid Discords; nor should there [Page 15] be any hindrance to the living or dead, by any of his grants or pro­mises before made; neither should he retain any thing by way of Service due unto him, but only the Services which should hereafter be due unto him; all Clerks and Laicks, imprisoned upon that oc­casion, should be restored to Liberty: And the King should pre­sently after Absolution given to him, by him that should do it, cause to be delivered to the said Archbishop, Bishops, and Monks of Canterbury, 8000 l. Sterling, in part of Restitution of what had been taken from them; and pay their Debts and Charges, in returning to England, that is, unto Stephen Archbishop of Can­terbury, 2500 l. William Bishop of London, 750 l. Eustace Bi­shop of Ely as much, Iosceline Bishop of Bath, and Hubert Bi­shop of Lincoln, the like several Sums of Money; and to the Prior and Monks of Canterbury, 1000 l. That as soon as the Peace should be allowed, and accepted by them; he should restore unto them all the Moveables which he had taken from them, pub­lickly revoke the Interdict or Outlamry so called, made and pronounced against Ecclesiastical Persons, and protest that it did not at all be­long unto him so to do; And that therefore he should not do it, but revoke the Outlawing of any of the Laity that had taken their part, and remit all that he had received from any Ecclesiastical man: prae­ter Regni consuetudinem & Ecclesiae libertatem; and that if any questions should arise concerning the Damages done, it should be de­termined upon proofs by the Legate or Delegate of the Pope: All which being done, the Popes Sentence and Interdict should be taken off and discharged; And if any doubts should arise touching any other parts of the Articles of Agreement, and any which were material, or substential, should happen, that could not be determined by the Legate or Delegates of the Pope; by the Peoples consent, they should be referred to the Popes Arbitration; and that whatsoever he should Decree, might be observed. Dated 13 die Maii apud Doveram.

Rebus sic expeditis, and the matter so ended and agreed up­on; convenerunt iterum Rex Mat Paris 236, 237. Anglorum & Pandulphus cum' proceribus Regni apud domum militum Templi juxta Doveram de­cimo quinto d [...]e Maii in vigilia Dominica Ascensionis, ubi idem Rex juxta quod Romae fuerat sententiarum resignavit Coronam suam cum Regiis Angliae & Hiberniae in manu Domini Papae cujus vices tum gerebat Pandulphus memortus factâ autem resignatione dedit Papae et ejus Successoribus Regna praedicta quae & Charta confir­mavit, in these words, viz.

Johannes Dei gratiâ Rex Angliae, &c. omnibus Christi fidelibus hanc Chartam inspecturis, salutem in Domino; Universitate vestrae per hanc Chartam sigillo nostro munitam, volumus esse notum, quòd cùm Deum & Matrem nostram sanctam Ecclesiam offenderimus in [Page 16] multis, & perindè divinâ misericordiâ plurimùm indigeamus, nec quid dignè offerre possimus pro satisfactione Deo, & Ecclesiae, debita fa­cienda nisi nosmet ipsos humiliemus & Regna nostra; volentes nos ipsos humiliare, pro illo qui se pro nobis humiliavit us (que) ad mortem, gratiâ sancti spiritûs inspirante, non vi interdicti, nec timore coacti, sed nostrâ bonâ spontaneâque voluntate, ac communi consilio Baro­num nostrorum conferimus, & liberè concedimus Deo, & sanctis Apostolis ejus Petro & Paulo, & sanctae Romanae Ecclesiae Ma­tronae nostrae; ac Domino Papae Innocentio, ejus (que) Catholicis suc­cessoribus, totum Regnum Angliae, & totum Regnum Hiberniae, cum omni jure & pertinentiis suis, pro remissione omnium peccatorum nostrorum, & totius generis nostri, tàm pro vivis quàm pro defunctis, & amodò illa ab eo & Ecclesia Romana, tanquam secundarius re­cipientes & tenentes, in praesentiâ prudentis viri Pandulphi, Do­mini Papae Subdiaconi & familiaris. Exindè praedicto Domino Papae Innocentio, ejus (que) Catholicis Successoribus, & Ecclesiae Romanae, secundum subscriptam formam fecimus & juravimus, & homagium ligium in praesentiâ Pandulphi: Si coram Domino Pa­pa esse poterimus, eidem faciemus: Successores nostros, & Haeredes de Uxore nostrâ in perpetuum obligantes, ut simili modo summo Pon­tifici qui pro tempore fuerit, & Ecclesiae Romanae; sine contradi­ctione debeant sidelitatem praestare, & homagium recognoscere. Ad indicium autem hujus nostrae perpetuae obligationis & concessionis, volumus & stabilimus, ut de propriis & specialibus redditibus nostris praedictorum Regnorum, pro omni servito & consuetudine, quae pro ipsis facere debemus salvis por omnia denariis beati Petri, Ecclesia Romana, mille marcas Esterlingorum percipiat annuatim; in Festo scilicet Sancti Michaelis quingentas marcas, & in Pascha quingentas; septingentas scilicet pro Regno Angliae, & trecentas pro Regno Hiberniae.

Salvis Nobis & Heredibus Nostris, Iustitiis, Libertatibus, & Re­galibus Nostris. Que omnia sicut superscripta sunt, rata esse volen­tes at (que) firma; obligamus Nos & Successores Nostros, c [...]ntra non venire; & st Nos vel aliquis successorum Nastrorum contra hec atten­tare presumpserit, quicun (que) ille fuerit, nisi rite commo [...]itus resipuerit, cadat à jure Regni. Et hee charta obligationis & concessionis Nostre. Teste meipso, apud domum militum Templi juxta Doveram, coram H. Dublinensi Archiepiscopo, Johanni Norwicensi Episcopo, Galfrido filto Petri, W. Comite Sarisberiae, Willielmo, Comite Penbroke, R. Co­mite Bononiae, W. Comite Warenne, S. Comite Winton, W. Comite Arundel, W. Comite de Ferrariis, W. Briwere, Petro filio Hereberti, Warino filio Geroldi, 15 o ▪ die Maii, anno Regni Nostri quarto decimo.

Charta itaque Regis in scriptum, ut dictum est, redacta, tradi­dit eam Rex Pandulpho, Romam Papae Innocentio deferendam; [Page 17] & continuò cunctis videntibus, homagium fecit subscriptum. Ego Johannes, Dei gratia Rex Angliae & Dominus Hiberniae, ab hac hora & in anteà, fidelis ero Deo & beato Petro & Ecclesiae Roma­nae & Domino meo Papae Domino Innocentio, ejus (que) successoribus Catholicè intrantibus, non ero in facto, in dicto, consensu vel consilio, ut vitam perdant vel membra, vel mala captione capiantur, eorum damnum, si sic vero, impediam, & remanere faciam, si potero; alio­quin eis, quam citus potero, intimabo, vel tali personae dicam, quam eis credam pro certo dicturam. Consilium quod mihi crediderint, per se vel per nuntios suos seu literas suas, secretum tenebo; & ad eorum damnum nulli pandam me sciente. Patrimonium beati Petri, & spe­cialiter Regnum Angliae, & Regnum Hiberniae adjutor ero ad tenen­dum & defendendum, contrà omnes homines pro posse meo. Sic meo adjuvet Deus, & haec sancta Evangelia. Amen.

Acta autem sunt haec, ut praedictum est in vigilia Dominicae As­cencionis, praesentibus Episcopis, Comitibus & Magnatibus supradictis. Pandulphus autem pecuniam, quam in Arrham subjectionis Rex contulerat, sub pede sua conculcavit; Archiepiscopo dolente & re­clamantis.

After which the Nobility refuse to aid the King in his wars to assist the Earl of Flanders Daniel 139. & 140. against the King of France, until he were absolved, and had confirmed unto them their Liberties; whereupon the King (much against his will) was constrain'd to submit to the present pressure and necessity, sent to the Archbishop of Canterbury and the other Bishops, who were yet in France, promising them present restitution and satisfaction, under the Hands and Seals of 24 of his Earls and Barons, un­dertaking for the performance thereof according to the form of his Charter and Agreement made and granted in that behalf; and the better to prepare them R [...]claus 15 Johannis part 2. m 8. dorso. to give him their assistance, directed the ensuing Letter to meet them in these words: Rex Venerabili in Christo Patri, S. Dei gratiâ Cant' Archiepiscopo to­tius Angliae Primati, & sanctae Romanae Ecclesiae Cardinali, & omnibus suffraganeis suis Episcopis, cum eo existentibus Johannes eadem gratiâ Rex Angliae, &c. mandamus vobis quòd cùm vene­ritis in Angliam scientes quòd jamdiù vos expectavimus, & adven­tum vestrum desideravimus, unde in occursum vestrum mittimus fideles nostros Dominum H. Dublin' Archiepiscopum, J. Norwici Episcopum, W. Com' Arundel, Mattheum filium Herberti, W. Archidiaconum Huntindon, rogantes quatenùs ad nos venire festi­netis, sicut praedicti fideles nostri vobis dicent T. meipso apud Stoaks Episcopi, primo die Julii.

Whereupon Pandulphus, with the Archbishop and the rest of the exiled Clergy, (upon his confiscation of their Estates) [Page 18] forthwith came over and found him at Winchester, who Matt. Paris 226, and 239. Daniel. 139. went forth to meet them, and on his knees with Tears received them, beseeching them to have Compassion on him, and the Kingdom of England; and being thereupon Absolved with great Penitence, Weeping and Compunction, accompanied with the Tears of the many Beholders; did Swear upon the Evangelists to Love, Defend and Maintain Holy Church and the Ministers thereof, to the utmost of his Power; that he would re­new the good Laws of his Predecessors, especially those of King Edward, abrogating such as were unjust; would Judge all his Sub­jects according to the just Judgment of his Court (which was then, and for many Ages before, composed only of the King and his Nobility, Bishops, and Lords Spiritual, with his great Officers of State, and such Assistants as he would please to call unto it) and that presently upon Easter next following he would make plenary satisfaction for whatsoever had been taken from the Church.

Which done, he went to Portsmouth, with intention to pass over into France; committing the Government of the King­dom to the Bishop of Winchester, and Jeffrey Fitz-Peter Ju­sticiar, a man of a Generous Spirit, Learned in the Laws, and Skilful in Government; who were also to take the Councel of the Archbishop of Canterbury.

The Souldiers being numerous, and wanting Money to at­tend him, desired to be Supplied out of his Exchequer; which he refusing to do, or wanting it, in a great rage with his pri­vate Family, took Shipping, and put forth to the Isle of Jersey; but seeing none of his Nobles and others followed him (ac­cording to their Tenures and Homage) was forced, having lost his opportunity of the Season, to return into England, where he gathered an Army, with intention to Chastise the Lords, who had so forsaken him, having for the like Offence some years before taken by way of Fine a great sum of Mo­ney: a Matt. Paris 212. Quòd noluerunt eum sequi ad partes transmarinas ut haeredi­tatem amissam recuperaret. But the Archbishop of Canterbury followed him to Northampton, urging him that it was against his Oath taken at his Absolution, to proceed in that manner against any man without the Judgment of his Court; to whom the King in great wrath replyed, that he would not defer the business of the Kingdom for his pleasure, seeing Lay Judgment appertained not to him; and marched to Nottingham.

The Archbishop followed him, and plainly told him, that unless he would desist, he would Excommunicate all such as should take Arms against any before the releasing of the Inter­diction, [Page 19] and would not leave him until he had obtained a con­venient day for the Lords to come to his Court, which shortly after they did.

And a Parliament was assembled at St. Pauls in London, wherein the Archbishop of Canterbury produced the said Char­ter of King Henry I. whereby he granted the ancient Liberties of the Kingdom of England, according to the Laws of King Edward, with those emendations which his Father, by the coun­sel of his Barons, had ratified: upon the reading whereof, gau­dio magno valdè, saith Matthew Paris, they greatly rejoyced, h Matt. Paris 240. 241. & Daniel 140. and swore in the presence of the Archbishop, that for those Liberties, viso tempore congruo si necesse fuerit decertabunt us (que) ad mortem Archiepiscopus promisit eis fidelissimum auxilium suum pro posse suo & sic confederatione facta inter eos colloquium solu­tum fuit.

The Pope, advertised of those disturbances, by his Bull di­rected Baronibus Angliae, (but not to those Bishops displaying t Pat. 16 Jo­hannis m. 1. Dorso. the Banner of his supposed Authority, which had encouraged, and animated, and caused them to persist therein) stiling those Quaestiones novitèr suscitatas grave dispendium parituras, did prohibit, under the pain of Excommunication, all Conspiracies and Insurrections, from the time of the Discords inter Regnum & Sacerdotium, which had been quieted Apostolica autoritate, admonished them Regem placare & reconciliare exhibentes ei ser­vitia consueta, which They and their Predecessors had done unto Him and his Predecessors; and if they had any thing to require of him, they should not ask it insolenter, sed cum reve­rentia, preserving his Regal Honour and Authority, that so they might the more easily obtain what they desired; and assured them that he would desire the King that he should be kind to them, and admit their just Petitions.

But the Barons persisting in their armed Violence and Re­bellion against the King, notwithstanding that weather-beaten Prince had, for shelter, taken upon him the Cross and War for the recovery of the Holy-Land, (then so called) the Pope in July following sent his Bull to the universality of the Anno 16 Johannis in Alba Turre London. Barons, Bi­shops, and Commonalty of England; wherein reciting, that the Barons had sent their Agents unto him, and that he had commanded the Archbishops, Bishops and Archdeacons ut con­spirationes & conjurationes praesumptas, from the the time of the discords inter Regnum & Sacerdotium, that they should Apostolic à autoritate forbid them by Excommunication to proceed any farther therein, and enjoyn the Barons to endeavour to pacifie the King, and reconcile themselves unto him; and if they had [Page 20] any thing to demand of him, it should be done, conservando sibi Regalem Honorem exhibendo servitia debita quibus ipse Rex non debebat abs (que) Judicio spoliari.

And that he had commanded the King to be admonished and enjoyned, as he would have remission of his sins, graciously to give them a safe conduct, and receive their just Petitions, ita si quod fortè non posset inter eos concordia provenire in curia sua per Pares eorum secundum Regni consuetudinem at (que) Leges mota deberet discordia Barones ipsi sua non expectata responsa, should not pre­sume contra Dominum suum arma movere temeritate nefaria, seeing the King had taken upon him the Cross for the recovery of the Holy-Land, so as it might seem quod conspirationem inhierint detest­andam ut eum taliter de Regno possint ejicere & violare, their ho­mage and fidelity sworn to the King, quod quàm crudele sit, actu & horrendum auditu cum pernitiosi materia sit & causa suis tem­poribus in audita manifestè cognoscit quicunque judicis utitur ratio­ne; and therefore, as he ought to make peace for the King of England, who was his Vassal, and specially needed his protecti­on, commanded the Bishops and their Suffragans, that unless the said Barons and their Adherents should within eight days after the receipt of his Bull, or Letters, omni cavillatione postposità, surcease their doings, they should excommunicate them omni appellatione remota, interdict their Lands, Churches and Estates, and every Sunday publish and declare it, & nè igitur propter quosdam perversos universitatis sinceritas corrumpatur, commanded and exhorted them in remissionem peccatorum injungentes quatenus praefato Regi adversus perversores hujusmodi, they should give all fitting aid and favour scientes pro certo quòd si Rex ipse remissus esset aut tepidus in ea parte nos (i. e. Papa) Regnum Angliae non pateremur in tantam ignominiam deduci cùm sciamus per Dei grati­am, & possumus talem insolentiam castigare.

But the Quarrels going on A. 16 Johan. in turre Lond. more and more, the King sent his Procurator or Agent to Rome, and the discontented Barons theirs, who did urge, saith John Mauclerc, the King's trusty Agent, in a Letter written from thence unto him, that the Magnates Angliae scilicet Boreales, & ut praedicti Nuntii dicunt Papae omnes Barones Angliae instantèr supplicant, quòd cùm ipse sit Dominus Angliae, he should diligently admonish, and, if need should be, compel him to observe the ancient Liberties grant­ted by Him and his Ancestors Charters, and confirmed by his Oath; and did likewise alledge, quòd cùm ille à praedictis Baro­nibus inde requisitus fuisset in Epiphaniâ Domino apud London spreto proprio juramento non tantum libertates suas antiquas & con­suetas eis concedere, contemptuously refused, unless they would [Page 21] promise & etiam per Chartas suas darent quod nunquam de caetero tales libertates, from Him vel Successoribus suis exigerent, quòd omnes Barones praeter Dominum Winthon, & Comitem Cestriae, & Willielmum Brewere hoc facere renuerent.

Supplicaverunt autem Domino Papae quòd ipse super his eis pro­videret cùm satis constet ei quòd ipsi audactèr pro libertate Ecclesiae ad mandatum suum, would oppose the King, & quod he had granted, an annum redditum Domino Papae & Ecclesiae Romanae, and exhibited and done, alios honores, & ei Romanae Ecclesiae non sponte nec ex Devotione, imò ex timore & coactione: who, thus perplexed, assayed all he could to pacifie Pope Innocent by his Letter written unto him, complaining, that the Barons of Eng­land, who were devoted unto him before he had Ro' pat. 17. Johannis in 16. in dorso 3. surrendred and subjected his Realm unto him, had since, for that very rea­son, as they publickly alledged, (when it mentioned it to have been done Consilio Baronum suorum, and many of the principal of them had been witnesses to that dishonourable Grant) taken Arms against him, as he expressed it in these words, cum Comites & Barones Angliae, nobis devoti essent antequam nos & nostram terram Dominio vestro subjicere curassemus extunc in nos specialiter ab hoc sicut publice dicunt violenter insurgent, earnestly desired his protection, aid and assistance, and sent his Agents unto him, to confirm his Charters granted to Queen Berengaria, Widow of King Richard I. ( Ro' pat. 17 Johan. in 16; in dorso. not to deliver or grant any new Charter of the Kingdom of England, wherein Samuel Daniel may be un­derstood to have been mistaken, Pryn's Histo­ry of K. John, 34, & 35. for Mr. Pryn in his late Hi­storical Collections of that King's Reign, and Matthew Paris, Mat. Paris, ad annos 14, 15, 16, & 17 Johan. do give no such account of it;) whereupon Nicholas Bishop of Tusculan being sent into England, congregavit consilium in urbe Londinensi apud Sanctum Paulum ubi congregatis Archiepis­copis, Episcopis, Abbatibus, Prioribus, Comitibus, Baronibus, & aliis ad interdicti negotium spectantibus, Forty Thousand Marks were agreed to be paid to the Archbishops, and Monks of Can­terbury, and the rest of the exiled Clergy: and the Bishops of Winchester and Norwich Sureties for Thirteen Thousand Marks of it remaining unpaid. Mat. Paris 249. The King being absolved, the Inter­dict (which had continued six years, three months, and four­teen days, to the great damage and loss of the Church and Cler­gy) was discharged and Daniel 140, 141. taken off. The Barons, notwithstan­ding that Clergy-pacification, assembled themselves at St. Ed­mundsbury, where they consulted of the late produced Charter of King Henry I. and swore upon the High-Altar, That if the King refused to confirm and restore unto them their Liberties, they would make war upon him until he had satisfied them [Page 22] therein; agreed, that after Christmas they would petition him for the same, and in the mean time would provide themselves of Horse and Arms, to be ready if he should start from his Oath made at his Absolution for the confirmation of those Li­berties, and compel him to satisfiee their demands. After which time they came in a Military manner to the King, lying at the New-Temple, urgeing their desires with great vehemency: who seeing their inclinations and resolution, answered, he would take consideration thereof until Easter following. Howsoever, these Lords continued their resolution, mustered their Forces at Stamford, (wherein were said to have been 2000 Knights, be­sides Esquires, with those that served on foot) and from thence marched towards Oxford: From whence the King sending un­to them the Archbishop of Canterbury, William Marescal Earl of Pembroke, to demand of them, What were those Laws and Liberties which they required? whereof a Schedule being shewed, and by the Commissioners delivered to the King, he, after the reading thereof, in great indignation asked, Why the Barons likewise did not demand the Kingdom? and swore, that he never would grant those Liberties whereby to make himself a Servant; Up­on which answer returned, those Barons seizing some of his Castles, march'd towards Northampton, which they besieged, constituted Robert Fitz-Walter their General, (whom they sti­led Daniel 143. Marshal of the Army of God and Holy Church) took the Castle of Bedford, whither the Londoners sent their private Mes­sengers with offers to joyn with them, and deliver up the City to be guarded by them; unto which they repairing, were joy­fully received, and had it delivered unto them, ubi Baronibus favebans divites, pauperis obloqui, saith Matthew Paris, metuebant, Matt. Paris 244. & 255. from whence (daily encreasing in the number of their Confe­derates, & à Civibus accepta securitate) they sent their Lettess to all the Earls, Barons and Knights which yet adhered to the King, exhorting and threatning them, as they loved Them­selves, their Lives and Estates, they should forsake a perjured King, and joyn with them to obtain their Liberties, otherwise they would take them for publick Enemies, turn their Arms against them, destroy their Castles, burn their Houses, and spoil their Lands and Estates: The greatest part whereof, up­on those threatnings, did so think it to be their safer way to forsake Him and their Loyalty, as they joyned with them.

The King finding himself fere derelictum ab omnibus, and but seven Knights ex omni multitudine Regia abiding by him timuit valdè, lest the Barons in castra sua impetum facientes illa sine diffi­cultate sibi subjugarent, especially when they should find no­thing [Page 23] to hinder them, sent William Marescal Earl of Pembroke and others to treat with them (being then at London) for a Peace, with an offer to grant the Laws and Liberties deman­ded; and thereupon statuerunt Regi diem ad colloquium in pra­tum inter Stains & Windleshores, 15 o. die Junii, where Rex & Magnates being met, and treating concerning the Liberties, and a lasting Peace, (there being with the King, besides Pan­dulphus and Stephen Archbishop of Canterbury, his double-dea­ling Friends, and some few others, in all but Twenty-five) tan­dem cum in varia sorte tractassent the King vires suas Baronum viribus impares intelligens sine difficultate Leges & Libertates con­eessit, & Charta sua confirmavit data per manum suam in prato, quod vocatur Running-Mead, inter Stains & Windleshores, decimo quinto die Junii, anno Regni sui decimo septimo.

Which (as Matthew Paris, a Monk of St. Albans, living not only at the same time, but being Historiographer unto King Henry III. his Son, privy to many of his affairs, and wrote in the 57th. year of his Reign, hath faithfully related Charta Reg. Johannis in Mat. Paris 254, 255, 256, 257, 258, 259, 260. those pas­sages and proceedings) was, as to the preamble thereof, (the exact and full tenor thereof being with it truly mentioned in his Book) in these words: Intuitu Dei & pro salute animae meae & Antecessorum omnium, & Haeredum suorum ad honorem Dei, exal­tationem sanctae Ecclesiae, & emendationem Balaeus de scriptoribus Angliae, 102. & Polydor vir gil. lib. 15. Regni sui per concilium Stephani Archiepiscopi Cantuarensis, (who prepared them, and had incited the Pope and Barons against him) & aliorum Epis­coporum ibi nominat, Pandulphi Domini Papae Subdiaconi & fami­liaris, Willielmi Marescali Comitis Pembrochiae, Willielmi Co­mitis Sarisberiensis, Willielmi Comitis Warrenniae, &c. & alio­rum fidelium mera & spontanea voluntate pro Me & Haeredibus meis Deo & liberis hominibus Cokes 1 part Institut, 108, 159. Angliae habendas & tenendas eis & Hae­redibus suis de Me & Haeredibus meis; which our Laws (no o­ther tenure being specified) will interpret to be in capite.

And more at length, as Matthew Paris hath recorded it, with a salvis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Tem­plariis, Hospitalariis, Comitibus, Baronibus, Militibus, & omnibus aliis tàm Ecclesiasticis personis, quàm Secularibus Libertatibus & Liberis consuetudinibus quas prius habuerant; which gave them a better security in their former Liberties than they could claim by the forced and indirect gaining of the latter; and concluding in the perclose with his Testibus, &c. hath these words subjoy­ned, Libertates vero de Foresta, & liberae consuetudines quas cum libertatibus praescriptis in una schedula pro sua capacitate continere nequiverimus in Charta subscripta continentur, saith Matthew Paris.

[Page 24] In which, not in the modern Language, and stile of our Acts of Parliament, but as Charters in the dictates of Regal Autho­rity, as that of William the Conquerour to the Citizens of Lon­don, and that of dividing the Temporal and Spiritual Jurisdicti­ons, and those of King Henry I. King Stephen, and Henry II. and all the Charters of Liberties and Priviledges granted by our Kings before and since to Cities, Boroughs, Corporations, and Lords of Manors; as, the Charter of King Edward I. to the Citizens of London in the 6th. year of his Reign, and of King Edward III. in the 14th. year of his Reign to all the people of England, to be governed by the English Laws, in case he should obtain his Right to the Kingdom of France, and all our prece­ding Laws have used to be. He granted away many of the an­cient Rights of the Crown, made and ordained new Laws, as that (amongst others) of Communia placita nan sequantur Curiam nostram, sed teneantur in certo loco; and that of recovering the King's Debts, &c. Enlarged some, abrogated others, and gave Vide L. I. Ed­wardi Confessor, & cart & L. L. unto the people greater Liberties and Immunities then the Laws of King Edward the Confessor, and the Charter of King Henry I. put altogether, had allowed them; the Original whereof (or the Magna Charta of King Henry III.) remaining in the Library of the Archbishops of Canterbury at Lambeth, at the time of the Imprisonment of that martyred great Anti-Papist, William Laud, Archbishop of that See; and the ransacking of it preceding his Murder, in the Reign of that Blessed Martyr King CHARLES I. by Hugh Peters, Mr. Pryn, and some others, thereunto appointed by their Rebellious Masters the then mis­called Parliament, was never after found; and by it self in a distinct paragraph did follow, as it were, a Bond or Security given by King John in these words: Cùm autem pro Deo & ad­emendationem Regni nostri, & ad melius sapiendam discordiam in­ter nos & Barones haec omnia concessimus volentes in integra & fir­ma stabilitate gauderi facimus & concedimus securieatem subscriptam, (viz.) That the Barons should elect Twenty-five Barons of the Realm, who should be Conservators thereof, & pro totis viribur suis observare, tenere, & facere observari pacem & liberta­tes quas eis concessimus, and correct the King's defaults in Govern­ment.

Of which number Matt. Paris 161. 162. Gilbert de Clare, Earl of Gloucester and Hertford, was one, with a power, that if the King or his Chief-Justiciar, should trangress in any Articles of the Laws, it should be lawful for any Four of them, after Forty days notice given to Him, or his Chief-Justiciar, and no amendment, to complain to the rest, and joyning with Them and the People, to distrain [Page 25] and compel him, with a salvâ Personâ Regis only, & Reginae, & liberorum suorum. Et isti 25 o. Barones juraverunt in animabus suis Rege hoc disponente quod omni instantia his obsequerentur, & Regem cogerent si fortè rescipisci vellet tenere sequentes, (and the Earls of Gloucester, Arundel, and Warren, with Thirty-four o­ther Barons, and great men) juraverunt to obey the commands of the Twenty-five Barons, and all that would might swear to assist them and the people, cùm communia totius terrae might gravare eum cum eis, and to that end those Conservators should have his Castles of Killingworth, Northampton, Nottingham, and Scarborough, and the Castellanies or Governours sworn to obey them; and after a general pardon granted to them, and all their adhaerents, mutual Oaths should be taken on both sides, in solemn manner, for the inviolable observing the Articles, and the King's Letters Patents sent to all the Sheriffs of the Kingdom, to cause all men (of what degree soever) within their several Shires to swear to observe those Laws and Liberties granted by his Charter, and was compell'd so far to suffer those Conservators to proceed in their Conservatorships, as in the same yearthey took their Oaths to perform those their new Of­fices, the Earls of Arundel, Gloucester, and Warren, with Hubert de Burgh, and many Barons and great men, took their Oaths also to obey and assist them.

But in the mean time Gloucester and Spencer, being the chief of the Twenty-four Conservators, did draw the entire managing of the Kingdom into their own hands, compel the King to sum­mon a great Councel at London, where the authority of the Twenty-four Conservators was deliver'd over unto themselves, and it was ordained, that Three of them at the least should at­tend at the Court, to dispose of the custody of the Castles, and other business of the Kingdom, with those of the Chancellor, Justiciar, and Treasurer, and of all Offices great and small, and bound the King to loose and renounce to them their legal Obedience, whensoever he should infringe his Charters; which might, as unto a great part of them, be certainly believed to have been the very spawn and breed of those (long-after-reviv'd) high and mighty Nineteen Propositions which were endeavour'd to have been enforced upon the late Blessed Martyr King CHARLES, and of the late design'd Association in the Reign of His Son King CHARLES II.

But that hoped pacification being made (saith the Historian) Jealousies and Discontents did again kindle, and break out on both sides; the one part to keep what they had undutifully gained, and the other to get loose of what for fear he had too [Page 26] much yielded unto; the King wanting none to enflame the perturbations, and anguish of his mind to tell him, that he was now a King without a Kingdom, a Lord without Dominion, and a Subject of his Subjects, the Discords, like a Wound or Sore ill-cur'd, fester'd again, and broke out.

SECT. III.

Of the succeeding Jealousies, Animosities, Troubles and Contests betwixt King John and his over-jealous Barons, after the granting of his Charters, and his other Transactions and Agree­ments with them at their tumultuous meeting at Running-Mead, with the ill usages which he had before received of them, during all the time of his Reign.

HE retir'd into the Isle of Wight, whence by Agents sent to Rome he procured a definitive Sentence to condemn and nullifie what was done, and the Pope's Excommunication of the Barons, who kept about the City of London, and under colour of Tournments, and other Martial exercises, invited as many other as they could to their assistance, but did not seek to surprize his Person, or intercept his Agents, although they had strength to do it, but only to enjoy those Liberties which they had spoiled and discredited by gaining them by violence: wherein the fear of the power of an enraged Prince made them the more desperately careful to defend themselves, and finish their designs, whilst the King tarried three months in the Isle of Wight; whence the Bishop of Worcester, Chancellor of England, Bishop of Norwich, with others, were sent with his Seal to procure Foreign Forces, and to bring them to Dover; whither, after some small prizes taken by him, and he return­ing, his Agents abroad brought him an Army of Foreigners from Gascony, Lovaine, Poicteau, and Brabant, (many of them being his French Subjects, with whose help, notwithstanding the loss of 40000 Men, Women and Children, who were drowned at Sea as they were bringing unto him by Hubert de Burgh from Calice. He besieged and took Rochester Castle, marched over most part of the Kingdom, and within half a year got in all the Barons Castles even to the borders of Scot­land, and was Master of all England except the City of London, which he would not adventure upon, in regard of the Barons united Forces which lay near unto it; marched to St. Albans, Daniel 145. where he proclaimed the Pope's Excommunication of the Ba­rons; [Page 27] who seeing Themselves and their Wives and Children like to be ruined, and depriv'd of their Estates, (which were given away to strangers) desperately fell into another extreme, solicited Lewis the French King's Son to take upon him the Crown of England, wherein they promised by a free Election to invest him, and to send Pledges for the performance; which Message being well received, a Parliament was called at Lyons by Philip the Father of Lewis, and the business resolved upon, whilst Lewis, besides the hop'd-for the title of Election, (by those trusty Conservators of the Peoples Liberties, for their own parti­cular Interest more than the Peoples) supposed that he had a­nother title from his Wife Blanch, Daughter of the Sister of the prosecuted King.

In whose behalf the Pope wrote to the King of France, not to invade the King of England, but rather to defend him, in regard he was a Vassal of the Roman Church, and the King­dom, by reason of Dominion, appertaining unto it; where­unto the King of France answered, (probably by the advice of the contending English Baronage) That the Kingdom of England never was, nor is, nor ever shall be, the Patrimony of St. Peter; That King John was never lawfull King thereof; and if he were, he had forfeited it, by the Murder of his Nephew Arthur, for which he was condemned in his Court, and could not give it away without the consent of the Barons, who were bound in an Oath to defend the same; and if the Pope should maintain this errour, it would be a pernicious example.

Wherewith the Pope's Agents Daniel 149, 147. departing unsatisfied, Lewis sent his Commissioners to Rome to declare his Rights, and justi­fie his undertaking; sets forth from Callis with 600 Ships, and 80 other Vessels, and landed with his Army at Sandwich, King Iohn being then at Dover; who upon notice of his great power, and distrusting his Mercenaries, committed the keeping of Do­ver Castle to Hubert de Burgh, forsook the Field, and with it himself, and retired, first to Worcester, and after to Gloucester; whereby Lewis having subdued the whole County of Kent, (Dover excepted) came to London, where he was joyfully recei­ved of the Barons, and (upon his Oath taken to restore their Laws, and recover their Rights) had Homage and Fealty done unto him.

Guallo the Pope's Agent follow'd the King to Gloucester, shews him the Pope's care of him, pronounced Excommunica­tion against Lewis, and all that took part with him; Notwith­standing which small comforts, in so many and great extre­meties pressing hard upon him, most of his Mercenaries left [Page 28] him, and either returned into their own Countreys with such spoils as they had gotten, or betook themselves to the service of their Countrey-men; But he was not yet so forsaken, for that he had power enough to infest, though not to subdue his ene­mies, and some faith was found amongst many of his Subjects, that well executed their trusts. Dover Castle, with a small com­pany, held out against all the Force which Lewis could bring against it; Windsor Castle did the like against the Barons; Not­tingham and Lincoln Castles made resolute resistance. The most fertil places of the Kingdom, as about Gloucester, the Marches of Wales, Lincolnshire, Cambridgeshire, Norfolk, Suffolk, Essex, Kent, and all about London, were the stages of the War, and the Ruins of the Kingdom were every where heard and felt; which continuing all that Summer, about the latter-end of October then next following, that distressed King, oppressed with as many sorrows as enemies, and a grief conceived for the loss of his Carriages, and other necessaries of War, sunk in the Sands pas­sing the Washes betwixt Lyn and Boston, fell sick of a burning Feaver, taken (as some writers have recorded it) by a surfeit of eating Peaches, and drinking new Ale out of a Cup, with the Venom prick'd out of a Toad put into it, given him by a Monk at Swinsted Abbey in Lincolnshire; who, after leave gi­ven by the Abbot, and assoiled or absolved from the doing thereof, was content to poyson himself, as he did; and bringing the Cup unto the King, sitting at meat, said, Wassail, for never in all your lyfe drancke yee of so goode a Cuppe; To whom the King said, drincke Monch; which he doing, and the King having drunk a great draught, did set down the Cup. The Monk re­tired into the Infirmatory, where his Bowels brake assunder; The King finding himself ill at ease, and his Belly beginning to swell, and being told that the Monk was dead, commanded the Ranulphus Cestrenfis, Henry de Knigh­ton, Caxton's Chronicle, & Table to be taken away, and a Truss to be provided for him; of which, vulgata fama, Ranulphus Cestrensis, Henry de Knighton, the Book of St. Albans, printed by Caxton in the year Pryns history of the Pope's Usurpation in England in the Reign of King John, 36. 1502. in his Chronicle, and Mr. William Pryn in his late Histo­ry of the Pope's Usurpations in England in the Reign of King John, have given a probable account, though many of the Monks, and the then Romish Clergy, fatned and grown great by the Pope's and their extravagant and never-to-be-proved Authority over Kings and Kingdoms, were so unwilling to ac­knowledge it, as they did all they could to stifle and over-cast with Lies the Truth of it. Whence, in great weakness, he (who was so little enclined to Paganism, or the Religion of Miramolin King of Africk, Morocco, and Spain, or guilty of sending Embas­sadors [Page 29] unto him (after or before the surrender of his Kingdoms to the Pope) with an offer to be his Tributary, y Pryns Animad­versions upon the 4th. part of Cokes Instit. and of his Re­ligion, of which, saith Mr. Pryn, upon a most diligent search, no vestigia or manner of evidence is to be found amongst the Records of this Kingdom, it being a meer scandal and slande­rous invective forged against him, to make him odious) was conveyed to Newark; where, after he had received the Eucha­rist, and taken order for the succession of his Son Henry, he departed this life, and was buried at Worcester; and such a care was taken by the Abbot of Swinsted for the safety of the poy­soning Monk's Soul, as five Monks (until the dissolution of that Abbey, which was 300 years after) were from time to time stipended to sing a Requiem for it.

SECT. IV.

The many Affronts, Insolencies and ill usages suffered by King Hen­ry III. until the granting of his Magna Charta and Charta de Forestae.

WHich tragical end of King John, although it much alte­red the state of the Kingdom, yet not as to the mise­ries and troubles thereof; for King Henry his Son being so­lemnly crowned, as a King by Succession, and not Election, was committed to the care and tutelage of Marescal Earl of Daniel 148, 149. Pembroke, as Good and Wise as he was Great, a main Pillar of the Father, and a Preserver of the Crown to his Son; who, with Guallo the Pope's Legate, the Bishops of Winchester, Bath and Worcester, did work all means to bring the Barons to an accord, excommunicated Lewis and his adhaerents; and caused great satisfaction in the minds of some who before were dis­gusted with the insolency of the French, and the more upon the confession of one of the Nobility of France, who upon his death­bed (touch'd with compunction, revealed the intention of Lewis to enslave or extinguish the English Nation, whom he thought not fit to be trusted, in regard that they had forsaken their So­vereign Lord; which wrought so great an aversion in the Eng­lish, as they who before were afraid for the shame of incon­stancy, and the danger of their Sons and Pledges carried into France, and there remaining, did now resolve to relinquish their Homage and sworn Fidelity, and forsake him, and made as much hast to send him out of England, as they did to call him into it: So as after a years trouble with his Wars and Deprae­dations, [Page 30] and all the help the City of London could give him, he was enforced to come to an accord, quit the Kingdom, take 15000 Marks for the charges of his Voyage, abjure his claim to the Kingdom, promise by Oath to procure (as far as in him lay) his Father to restore all such Provinces in France as apper­tained to the Crown of England, and when he came to be King, to resign them in a peaceable manner.

King Henry taking an Oath, and for him the Legate and Protector, to restore to the Barons and other his Subjects all their Rights and Heritages, with their Liberties, for which the Discords began between the late King and his People; where­upon a general Pardon was granted, and all Prisoners freed on both sides.

Lewis, after so long abode with his Army in England, being honourably attended to Dover, departed the Kingdom, and a­bout Michaelmas after, upon the death of his Father, was recei­ved, and crowned King of France; and Guallo the Legate (well paid for his Negotiation) returning to Rome, carried with him 12000 Marks, (a great sum of money in those times;) And no sooner had that provident Protector of the Kingdom the Earl of Pembroke Daniel 150, 151. quieted the many troubles of the Nation, but (as much wanted as greatly lamented by the People) he dyed.

The Bishop of Winchester, with many other great Councel­lors, being made Protectors of the young King and his King­doms, but the King of France being after requested to make re­stitution of what he had usurped, answered, That what he had gotten by the forfeiture of King John, upon an accusation of murdering his Nephew Arthur, right Heir to the Crown of Eng­land, he would hold. Howsoever, Peace being made with Scot­land, to whose King the King's Sister being married, Wales revolted, and an Insurrection being made in Ireland, did put the King to much trouble and charge; who being come to some years of understanding, was in a Parliament holden at London put in mind by the Archbishop of Canterbury, in the behalf of the State, of his Oath made, and taken by others for him, upon the Peace made with Lewis, for confirmation of the Liberties of the Kingdom, for which the War was begun with his Father, without which the whole State would again fall assunder; and they would have him to know it betimes, to avoid those miserable inconveniencies which might happen: William Bre­were a Councellor urging it to have been acted by constraint, and therefore not to be performed; Notwithstanding which, it was at that time (being the 7th. year of his Reign) promised by the King to be ratified, and a Commission was granted by Writs [Page 31] unto Twelve Knights in every Shire, to examine, What were the Laws and Liberties which the Kingdom enjoyed under his Grand­father, and return the same by a certain day; which (saith the learned and judicious Sir Henry Spelman) were never returned, or could not be found. In the mean time, the Earls of Albemarl, Chester, and divers of the Nobility, assemble together at Leicester, with intent to remove from the King Hubert de Burgh Chief-Justiciar, and other Officers, that hindred their motion; but the Archbishop of Canterbury by his Spiritual Power, and the rest of the Nobility, being careful to preserve the Peace of the King­dom, stood to the King, and would not suffer them to proceed therein: so as they were constrained to come in and submit themselves; And the King in Parliament resumed such alie­nations as had been made of the Lands appertaining to the Crown by any of his Ancestors, to the end he might live of his own, and not be chargable to the People.

The next year after (being the 8th. year of his Reign) M. Par. 323. ano­ther Parliament was holden at Westminster, where the King required the Fiftieth part of all the movables both of the Clergy and Laity, (but Mat. Paris more probably saith the Fif­teenth) for the recovering of those parts in France which had been held from the Crown, being one and the same which is said in Magna Charta to have been granted as a grateful acknowledg­ment for the grant of their Liberties; which, though it concer­ned the Estates of most of the Nobility that had Lands therein, would not be yielded unto, but upon confirmation of their Li­berties, at (que) his in hunc diem prosecutis Archiepiscopus & concilio tota Episcoporum, Comitum & Priorum habita deliberatione Regi dedere responsum quod Regis petitionibus gratunter ad quiescerent, si illas diu petitas libertates concedere voluisset, annuit ita (que) Rex cupiditate ductus quod petebant Magnates Chartis (que) protinus con­scriptis & Regis sigillo munitis, (in the next year after, 9 H. 3. for the Charters themselves bear date in the 9th. year of his Reign;) And the several Charters, or Copies thereof, were sent to the Sheriffs of every County, and Twelve Knights were out of every County chosen to divide the Old Forests from the New, and lay open all such as had been afforested since the first Co­ronation of King Henry II.

Although at the same time, or a little before or after it, some of the Nobility who had formerly crowned Lewis of France King, and had been the cause of King John's death, (for which they were banished the Realm) endeavouring to return into England, and to set up again the French King's Interest, and domineer over the King and his faithful Councellors, Pryns history of the Pope's Usurpation in England. 6, 8. by cir­cumventing [Page 32] Pope Epist in turre Lond. inter Re­cord. ibid. Honorius; Hubert de Burgh, Chief-Justice of England the Earl of Chester, and seven other of the King's Councellors, sent an Epistle to the Pope, desiring him to assist the King and them, and prevent those dangerous Plots and Designs.

And the King having sent also his Proctors to Rome upon the like occasion, they returned him an account of a new Con­federacy ibid. fo. 61. betwixt his discontented Barons and the French King to invade England; and dispossess him of the Crown there­of; adding thereunto, quod Gallici praedicabant omnibus quod majores Angliae Inter record­d anno 8 H. 3. in turre [...]ondon. obsides offerebant de reddendo si [...]i terram [...]um pri­mo venire curaret ad illam adjicientes. Si a [...]iquid in curia Romana contra voluntatem Regis Franciae attemptaretur incontmenter Rex transfretaret in Angliam.

Nor could any such authority accrue to them, in or by those Charters called Magna Charta, and Charta Forestae, granted by King Henry III. his Son, which were in very many things but the exmeplaria or patterns of that of King John in the like me­thod and tenour, containing very many Liberties and great Priviledges which were by King Henry III. (as those Charters do declare) of his own free accord granted and confirmed in the 9th. year of his Reign, Magna Charta 9 H. 3. to his Subjects, and People of England, Liberis hominibus, Free-men or Free-holders, (for otherwise it would have comprehended those multitudes of Villains, Bond­men and Bond-women which the Nation did then and long after employ and make use of, and those very many men ac­counted by the Laws of England to be as dead men, viz. Monks, Fryers, Priors and Abbots) to be holden to Them and their Heirs of Him and his Heirs for ever.

But in those Charters, or his confirmation of them, in the 21st. and 28th. year of his Reign, could not procure to be in­serted or recorded those clauses which they had by their terrours gained from his Father in these words, viz. Nullum scutagium vel auxilium ponam in Regno nostro nisi per commune consilium Reg­ni nostri ad corpis, nostrum redimendum & ad primogenitum filium nostrum militem faciendum & ad primogenitam filiam nostram semel maritandam & ad hoc non fiet nisi rationabile auxilium simili modo fiat de auxiliis de Civitate Londinensi quod omnes aliae Civitates, & Burgi & Villae & Barones de quin (que) portubus & omnes portus habe­ant omnes libertates & omnes liberas consuetudines suas.

Et ad habendum commune concilium Regni de auxiliis assidendis aliter quam in tribus casibus praedictis & scutagiis assidendis submo­neri faciemus Archiepiscopos, Episcopos, Abbates, Comites, & majo­res Barones Regni singillatim per literas nostras.

[Page 33] Et praetereà faciemus submoneri in generali per Vicecomites & Ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus, & ad certum locum in omnibus literis submonitionis illius causam submonitionis illius exponemus, & sic facta submonitione negotium procedat ad diem assig­natum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti.

Nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum, & ad faciendum pri­mogenitum filium suum militem, & ad primogenitam filiam suam se­mel maritandam & ad hoc non fiat nisi rationabile auxilium; but were constrained to omit altogether, and forgo those clauses and provisions, which being crowded into King John's Charter, were never either granted or confirmed by King Henry III. Edward I. or any of our succeeding Kings; nor, as Spelman's glossar' 376. Sir Henry Spelman, repeating the same omissions, saith, is therein that of paying the Debts of the Deceased, (probably of those that died leaving their Heirs in Ward) to the Jews and others; although Matthew Paris so much mistakes, as to affirm that those Char­ters of King John and his Son Henry III. were Mat. Paris. in nullo dissi­miles.

Which well-interpreted could signifie no more, than that King John in his great necessities and troubles pressing upon his Tenants in capite, the great Lords and others, by taxing them proportionably according to their Knights Fees, they endeavou­red by those Charters all that they could to restrain him from any such Assesments which should go further then a reasonable aid, unless in the cases there excepted; and aim'd at no more, then that a Common-Councel (which was not then called a Pryn's Ani­madversions upon Coke's 4. part of the Institutes. Par­liament) should be summon'd (not annually) of all Archbishops, Bishops, Abbots, Earls, and greater Barons; and all the Te­nants in capite, being those that were most concerned therein, (nor as our Parliaments now, but only as to their aids and ser­vices, as Tenants in capite) were upon forty days notice to ap­pear at the same time and place, given in general by the King's Sheriffs and Bailiffs, & sic factâ submonitione negotium procedat ad diem assignatam secundum M. Par. 257. consilium eorum qui prae sentes fuerint, quamvis non omnes submoniti venerint, and could not be intended of our now House of Commons in Parliament, many years after (first of all, and never before) introduced or constituted: that praefiction of Forty days probably first creating that opinion, which (can never arrive unto any more then) that every sum­mons of such a Councel or Meeting was to be upon so many days notice or warning; which Mr. Pryn, upon an exact obser­vation [Page 34] of succeeding Parliaments, hath found to be otherwise: Pryn's Ani­madversions upon Coke's 4. part of the Institutes. much of the boisterousness, haughty, and long after unquiet minds of some of those unruly Barons being to be attributed to the over-strained promises and obligations of William the Con­querour, (before he was so) to his Normans, and other Nations that adventured with him, upon an agreement and Ordinance made in Normandy before his putting to Sea, (which the King of France had in the mean time, upon charges and great allow­ances made unto him, undertaken to guard) and long after, by the command of King Edward III. then warring in France in the 20th. year of his Reign, was by Sir Barth. Burghersh and others sent from thence in the presence of the Keeper or Guardian of England, and the whole Estate declared in Parliament as a matter of new discovery, and designs of the French happened in the tra­verse and success of those wars; which probably might make the Posterity of some of them (although the Ancestors of most of them had been abundantly recompenced by large shares of the Conquest, Gifts and Honours granted by the Conquerour, to a more than competent satiety, extended to the then lower Ranks of his Servants, Souldiers, or Followers; as, that to de Ferrariis, the Head afterwards, and chief of a greater Estate and Family in England than they had in Normandy; and might be the occasion of that over-lofty answer of John de Warrennis Earl of Surrey, in his answer to some of the Justices in Eyre, in the Reign of King Edward I. when demanded by what warrant he did hold some of his Lands and Liberties? he, drawing out a rusty Sword, (which he did either wear, or had brought with him for that purpose, said, By that which he helped William the Conquerour to subdue England) so greatly to mistake themselves, as to think (which the Lineage of the famous Strongbow Earl of Pembroke, and some eminent Families of Wales in the after-Conquest of Ireland, never adventured to do) that the Ancestors of them and others, that left their lesser Estates in Nòrmandy, to gain a grea­ter in England to be added thereunto, had not come as Subjects to their Duke and Leige-Lord, but Fellow-sharers and Part­ners with him; which they durst not ever after claim in his life-time, or the life of any of his Successors before, in the grea­test advantages they had of them, or the many Storms and Tempests of State which befel them; but might be well con­tent, as the words of the Ordinance it self do express, Tabulae censu­ales Angliae, Or Dooms-day­book. Dugdale's Ba­ronage, [...] [...]ome [...]it. Warren. Earl of Surrey, and Ferrers Earl of Derby; and his Preface to the Anti­quities of Warwickshire illustrated. That they and their Progenies should acknowledge a Sovereignty unto the Conquerour, their Duke and King, and yield an Obedience unto him and his far-fam'd Posterity, as their first and continued Bene­factors.

[Page 35] And those their Liberties and Priviledges freely granted by those Charters, and not otherwise to be claimed) were so wel­come, and greatly to be esteemed by the then Subjects of Eng­land Magna Char­ta 9 H. 3. c. 31. as they returned him their gratitude and thankfulness for them, in a contribution of the fifteenth part of all their Move­ables, with an Attestation and Testimony of the Wiser, more Noble, and Powerful part of the Kingdom, (viz. the Arch­bishop of Canterbury, Eleven other Bishops, Nineteen Abbots, Hubert de Burgh Chief-Justice, Ten Earls, John Constable of Chester, and Twenty-one Barons, men of Might and great Estates; amongst which there were of the contending and op­posite Party, Robert Fitz Walter, (who had been General of the Army raised and fighting against his Father) the Earls of War­ren, Hereford, Derby, Warwick, Chester, and Albemarl, the Ba­rons of Vipont and Lisle, William de Brewere, and Gilbert de Clare Earl of Gloucester and Hertford, who afterwards fought against that King, and helped to take him Prisoner,) That those Charters were given and granted unto them, and other his Subjects the Free-men of his Kingdom, of his own free will and accord.

And as to that of being not 9 H. 3. c. 29. condemned without Answer or Tryal, (which in the infancy of the World was by the Cre­ator of all Mankind recommended to its imitation, as the most excellent Rule and Pattern of Justice, in the Tryal and Sen­tence of Adam and Eve in Paradise) are not to be found enacted or granted in King Edward the Confessor's Laws, or the Charters or Laws of King Henry I. the people of England having no (or little) reason much to value or relie upon the aforesaid Charters of King John, gained indirectly, by force, about two years after his as aforesaid constrained Resignation of his Kingdom of England, and Dominion of Ireland, to hold of the Pope, and Church of Rome, by an yearly Tribute, being not much above Thirty years before, and not then gone out of memory.

SECT. V.

Of the continued unhappy Iealousies, Troubles, and Discords be­twixt the discontented and ambitious Barons, and King Hen­ry III. after the granting of his Magna Charta and Charta de Forestâ.

ALmost two years after which, the King in a Parliament at Oxford declaring himself to be of full age, and free to dispose of the affairs of the Kingdom, cancelled and annul­led the Charter of the Forests, as granted in his Non-age, when he had no power of Himself, or his Seal, and therefore of no validity; caused a Proclamation to be made, that both the Clergy and Laity that would enjoy their Liberties, should re­new their Charters, and have them confirmed under his new Seal, paying for them according to the will of Hubert de Burgh, his Chief-Justiciar, upon whom was laid the blame of that matter; and shortly after, the King and his Brother, Richard Earl of Cornwal, being at discord about the Castle of Barkham­stead, which the Earl claimed to belong to his Earldom; and the Earl being threatned to be arrested, fled to Marlborough, where the discontented Lords joyning unto him, did cause an Insurrection, and required restitution to be made, without delay, of the Liberties of the Forests, cancelled at Oxford; otherwise he should be thereunto constrained by the Sword.

In anno 12 o. of his Reign, a Parliament was assembled at Northampton, where an agreement was made, and the Lands of the Earls of Britain and Bologne restored unto them.

In the 16th. year of his Reign, although he put out Hubert de Burgh, Chief-Justice of England, (in which Office much of the business of the Lord Treasurer were in those times concente­red) and severely called him to an account for Debts due to him and his Father, Mat. Paris 380. Spelman glossar' 331, 332. Rents and Profits of all his demesne Lands, since the death of William Marescal Earl of Pembroke, in England, Wales, Ireland and Poicteau, of the Liberties of Forests, Warrens, County-Courts, and other places, qualitèr custodiae sint vel alienatae, de priis factis pro jure suo relaxando tam in terris quàm in Nobilibus, of wasts made sine commodo ipsius Regis tam per guerram quam alio modo, of Liberties given unto him, Bishop­ricks and Custodies, without Warrant, quae pertinent ad Domi­num Regem, of wrongs and damages done to the Pope's Le­gates and Clarks, contra voluntatem Domini Regis per auctorita­tem ipsius Huberti tunc Iusticiarii qui nullum concilium voluit ap­ponere ut illa corrigerentur quod facere tenebatur ratione officii sui, de [Page 37] pace Regis qualiter sit custodita, as well concerning homines terrae suae Angliae, Hyberniae, Gasconiae, & Pictaviae, quàm alios ex­traneos, de scutagiis, carucagiis, donis, & xeniis, sive custodiarum exitibus spectantibus ad Coronam de maritagiis; which he had by grant of King John the day that he dyed, & de aliis maritagis sibi traditis tempore suo & de ipsis quae ipse Rex amisit per negli­gentiam ipsius Huberti; And so fiercely prosecuted him, as he caused him by force to be dragged from the Altar in the San­ctuary, Imprisoned, and, as Sir Henry Spelman saith, did afterwards charge Stephen Segrave with many of the like, and displaced him: Yet the Lords threatned, not to come to his Councel, unless he would reform his errors.

And in the 17th. year of his Reign, a Parliament was sum­mon'd at Oxford, whither they likewise refused to come, be­cause they were despised by Strangers; whereupon it was de­creed that they should be a second or third time summon'd, to try if they would come.

After which, those refractory Lords were summoned to come to a Parliament at Westminster, whither they denyed also to come, unless he would remove the Bishop of Winchester, and Daniel 154. the Poictovins from his Court; otherwise by the Common-Councel of the Kingdom, they sent him express word, they would expel Him and his evil Councellors out of the Land, and deal for the creation of a new King; whereupon Pledges being required of the Nobility, for security of their Allegi­ance, no Act passed in that Parliament, though divers Lords came thither, as the Earls of Cornwal, Lincoln, Ferrers, and o­thers; But in regard that the Earl-Marshal, the Lord Gilbert Basset and others were not present, Writs were sent to all that held by Knights-Service to repair to the King at Gloucester by a certain day; whither the Earl-Marshal and his Associates re­fusing to come, the King, without the Judgment of their Peers, caused them to be proclaimed Outlaws.

Anno 19 o. of his Reign, after two years troubles and misery, a Parliament was assembled at Westminster, where the King consented to call back the dis-herited Lords, upon the Bi­shops threatning to excommunicate Him and his evil Coun­cellors.

Anno 20 o. Henry III. a Parliament was assembled at London, which the King would have there to be holden, but the Barons would not come, unless it might be another place; whereupon a place of more freedom was propounded, where many things were proposed, and order taken that all Sheriffs should be re­moved from their Offices upon complaint of corruption, and o­thers [Page 38] of more Integrity put in their rooms, upon their Oaths not to take any gifts.

When the King offering to take away the great Seal of Eng­land from the Bishop of Chichester, Daniel 157. he refused to deliver it, saying, He received it by the Common-Councel of the Kingdom, and without their assent he would not resign it.

A Parliament was held at London, anno 21 o. Henry III. where­in he required the Thirtieth part of the Movables as well of the Laity as Clergy; But it was alledged, that the people were unwilling to have it given to Aliens; whereupon the King promiseth Anno 21 H. 3. never more to injure the Nobility, so that they would relieve him at the present, for that his Treasure was exhausted; Daniel 157. To which they plainly answer, That the same was done without their counsel; neither ought they to be partakers of the punishment, who were free from the fault. Howsoever, af­ter four days consultation, the King promising to use the counsel of his natural-born Subjects, and freely granting the inviolable observation of their Liberties under pain of Excommunication, had yielded to him the Thirtieth part of all their Movables, (reserving their ready Coyn, Horse and Armour, to be employ'd for the defence of the Commonwealth) which was ordained to be collected by four Knights of every Shire, who should upon their Oaths receive and deliver the same into some Abbey or Castle, there to be reserved, that if the King should not perform his promises, it might be again restored; upon condition often annexed, That the King should leave the counsel of Aliens, and on­ly make use of his natural Subjects. Yet, although he caused the Earls Warren and Ferrers, and John Fitz-Geffry, to be sworn of his Councel, that could not reach to a satisfaction of those that were not so willing as they ought to be satisfied: when the King also, in performance of his promise to the Bishops and Nobles, had in that Parliament, for the salvation of his Soul, and exaltation of the Church, (being of full age) re-confirm'd the great Charter of the Liberties of the Forests, attested by twelve [...]Ro' Cart. 21. H. 3. m. 7. Bishops, eight Earls, and Symon de Montford, and William Long­spee, twenty-six Barons and great Men, notwithstanding they were granted during his minority: complaints were made of the wast and profusion of his Treasure, and great sums of money raised in his time; and that the Orders concluded in Parliament were not observed, in the levying and disposing of the Subsidy; and over­strict courses had been taken in the valuation of mens Estates; Wil­liam Valence, the Queens Uncle, was grown the only man with him, and nothing was done without him; the Earl of Provence, his Fa­ther, (a poor Prince) was invited to come into England, to partici­pate [Page 39] of the Treasure and Riches thereof; Symon de Montfort, a French- man born, banished out of France by Queen Blanch, was en­tertained in England, preferred secretly in marriage with the King's Sister; Widow of William Earl of Pembroke; the great Marshal made Earl of Leicester, (and Steward of England) in the right of his Mother Amice, Daughter of Blanchmains Earl of Leicester: Which incensing many of the Nobility, and in them not a few of the common people, did begin to raise a Commotion, wherein they procured Richard Earl of Cornwal, Brother to the King, and Heir-apparent, (the King having then no Child) to head their Party, and manage their Grievances; which, a­mongst many pretended, were, That he despised the counsel of his natural Subjects, and followed that of the Pope's Legate, as if he had been the Pope's Feudatory; Upon which harsh Remon­strance, the King having sent to sound the affections of the Lon­doners, found them to be against him.

Summoned a Parliament in the 22d. year of his Reign at London, whither the Lords came armed, both for their own Safety, and to constrain him, if he refused, to the keeping of his promises, and reformation of his courses; wherein, after many debatements, the King taking his Oath to refer the busi­ness according to the order of certain grave men of the King­dom, Articles were drawn, sealed, and publickly set up, under the Seals of the Legate, and divers great Men; But before any thing could be effected, Symon Montfort working a Peace for himself with the Earls of Cornwal and Lincoln, with whom he and the other Barons had been before displeased, the Earl grew cold in the business; which the other Lords perceiving, nothing more was at that time done. Symon Norman, called Master of the King's Seal, and said to be Governour of the affairs of the Kingdom, had the Seal taken from him, and some others whom the Nobility maligned, displaced.

And in the same year an Assassinate attempting to kill the King as he was in Bed, instigated thereunto by Mat. Paris 458, 459. Matthew of Westminster 249 Pryn's hist. of the Pope's U­surpation in England. William de Ma­risco the Son of Jeffrey de Marisco, was for the Fact drawn in pieces with Horses, and afterwards hang'd and quarter'd. And some years after, the King having a Son born, (his Brother the Earl of Cornwal having likewise Issue) did, by permission of the State, which before he could not obtain, undertake the Cross, and with him the Earl of Salisbury, and many other Noble­men. The Earl of March, the Queen-Mother, and certain Lords of Poicteau, incited the King to make a War with France; to which some of the English, who claimed Estates therein, were very willing; but the matter being moved in Parliament, [Page 40] a general opposition was made against it, the great expences thereof, and the ill suceess it lately had; and it was vehement­ly urged, That it was unlawful to break the Truce made with the King of France, who was now too strong for them; notwithstand­ing, many of the Peers, in the hopes of recovering their Estates, so prevailed, as an Aid demanded for the same was granted; but so ill resented by others, as all the King's supplies, from the beginning of his Reign, were particularly and opprobriously remembred, as the Thirteenth, Fifteenth, Sixteenth, Thirtieth and Fortieth part of all mens Movables, besides Carucage, Hydage, Escuage, Escheats, Amerciaments, and the like, which would, as they said, be enough to fill his Coffers; in which considerati­ons also, and reckonings, with the Pope's continual exactions, and the infinite charge of those who undertook the Holy War, were not omitted; besides, it was declared, how the Thirtieth lately levyed, being ordered to be kept in certain Castles, and not to be issued but by the allowance of some of the Peers, was yet unspent, the King no necessary occasion for it for the use of the Commonwealth, for which it was granted; and therefore resolutely denyed to grant any more; whereupon he came himself to the Parliament, and in a submissive manner craving their aid, urged the Popes Letter to perswade them thereunto; but by a vow made unto each o­ther, all that was said was not able to remove their resolutions, insomuch as he was driven to get what he could of particular men, by Gifts, or Loans; and took so great a care of his poorer Subjects, at or about the same time, as he did by his Writ in the 23d. year of his Reign command William de Haverhul and Edward Fitz-Odo, That upon Friday next after the Feast of [...]Ro'clause 23 H. 3. m 14. & 18 & 80. St. Matthias, being the Anniversary of Eleanor Queen of Scot­land his Sister, they should cause to be fed as many Poor as might be entertained in the greater Hall of Westminster; and did in the same year by another Writ command the said William de Haverhull to feed 15000 Poor at St. Peters in London on the Feast-day of the Conversion of St. Peter, and 4000 Poor upon Monday next after the Feast of St. Lucie the Virgin in the great Hall at Westminster; And for quiet at home whilst he should be absent in France, contracted a marriage betwixt his young­est Daughter Margaret, and Alexander eldest Son of Alexander III. King of Scotland; but his expedition in France not succeeding, his Treasure consumed upon Strangers, the English Nobility discontented, and by the Poictovins deceiving his Trust, in their not supplying him with money: he was, after more than a years stay, (the Lords of England leaving him) constrained to make a dishonourable Truce with the King of France, and to [Page 41] return, having been relieved with much Provisions out of Eng­land, and Impositions for Escuage, a Parliament was in the 28th. year of his Reign assembled at Westminster, wherein his Wars, the revolt of Wales and Scotland, who joyned together, and the present occasions of the necessary defence of the King­dom, being pressed, nothing could be effected without the assu­rance of Reformation, and the due execution of Laws; where­upon he came again himself in person, and pleaded his own necessities; but that produced no more than a desire of theirs, Daniel 161. to have ordained, that four of the most grave and discreet Peers should be chosen as Conservators of the Kingdom, and sworn of the Kings Council both to see Justice observed, and the Treasure issued, and ever attend about him, or at least three or two of them: That the Lord Chief-Justiciar and Lord Chancellor should be chosen by the general voices of the States assembled, or else be of the number of those four; and that there might be two Justices of the Benches, two Barons of the Exchequer, and one Justice for the Jews; and those likewise to be chosen by Parliament, that as their Function was publick, so should also be their Election. At which time the Pope sen­ding his Legate with a large power to exact money for him­self, his Agent was disgracefully returned, with an answer, That the Kingdom was poor, the Church in debt, and it was of a dangerous consequence to the State to be exposed to the will of the Pope; and therefore seeing a General Councel was shortly to be held at Lyons, if the Church would be relieved, it were fit to be done by a general consent of that Councel.

And the Emperour Frederick at the same time, by his Let­ters to the King, which were openly read, desiring, as he had often before, That the Pope might have no supplies ou of England; for that therewith he did oppress him, by seizing upon his Castles and Cities appertaining to the Empire: notwithstanding his often sub­missions, desire of Peace, and offers to refer the cause to the arbitra­tion of the Kings of England and France, and the Baronage of both Kingdoms; and entreating that he might not receive a detriment, whence as a Brother and Friend he expected a favour, added, that if the King would be advised by him, he would by power free the Kingdom from that unjust Tribute which Pope Innocent III. and other Popes had laid upon it; Which pleasing the Assembly, the business took up so much time, as (the design of a share in the Government, something like, if not worse then a Co-ordination, meeting with no concessions or effect) they only granted an Aid to the King for the Marriage of his Daughter, 20 s. of eve­ry Knights Fee, not without much ado, and repetition of all [Page 42] his former Aids; although at the same (or much about that) time they could not be ignorant that he had by his Writ com­manded Hugh Gifford and William le Brun, that Ro' claus. 28 H. 3. upon Friday next after the Epiphany they should cause to be fed in the Hall at Windsor, ad bonum focum omnes pueros pauperes & egenos quos invenire poterint, ita quod aula impleatur si tot inveniantur.

The Charters were again ratified, which confirmation is printed in the perclose or latter-end of those in the 9th. year of that persecuted Prince, after a proposal of Conservators, and ele­ction of Judges and Lord Chancellors, rejected, which was ur­ged, and much insisted upon.

After which, and his return from an expedition with great charges into Scotland, a Parliament was summoned, where he moved for an Aid against an Insurrection in Wales, and for mo­ney to supply his wants, and pay his Debts, which were so great, as he could not stir out of his Chamber for the clamour of those to whom he ow'd money for Wine, Wax, and other necessaries of House-keeping: which wrought so little, as to his face they denied to grant him any thing; and enquiry be­ing made what Revenues the Romans and Italians had in Eng­land, they found them to have been annually 60000 Marks; which being notified to the General Councel at Lyons, the Pope was so vexed therewith, as he was said to have uttered these words, The King begins to Frederize, it is fit that we make an end with the Emperour, that we might crush these pety Kings; for the Dragon once destroyed, these lesser Snakes will soon be trodden down.

In the 32d. year of his Reign a Parliament being convoked, he was upon requiring another aid sharply reproved for his breach of promises; and it was alledged, that his Judges were sent in Circuit under pretence of Justice to fleece the people; that his needless expences amounted to above 800000 l. and advising him to recal the old Lands of the Crown, and pull them from his Favourites, enriched with the Treasure of the Kingdom, told him of his Oath made at his Corona­tion.

Complained, that the Chief-Justiciar, Chancellor and Treasurer were not made by the Common-Councel of the Kingdom, according as there were in the time of his Magnificent Prede­cessors; although they could not at the same time deny him that Right which was justly due unto him; that he had by his Writs Ro' claus. 32 H. 3. m. 15. commanded the said William de Haverhul and Edward of Westminster, quod singulis diebus à die natalis domini us (que) ad diem circumcisionis, computatis illis duobus diebus, impleri faciant magnam [Page 43] aulam Regis de pauperibus; and in the same year by his Writ commanded William de Haverhul his Treasurer, and Edward Fidz-Odo, to feed upon the day of Edward the Confessor, pauperes in magna aula Westmonasterium, sicut fieri consueverunt & ipsis Monachis Pittanciam eodem die sicut consueverunt faciant.

The King promised redress, but nothing was effected: so that after sundry meetings, and much debate, the Parliament was prorogued until Midsummer following; and at the next Session he tells them, that they were not to impose a servile condition upon him, or deny him that which every one of them might do, to use whom they pleased as Counsel; Every Master of a Family might place or displace what Servants he pleased; Servants were not to judge their Masters, nor Subjects their Prince, or hold them to their conditions; and that he that should so encline to their pleasures, should not be their King, but as their Servant.

And being constrained to furnish his wants with the sale of his Plate and Jewels, his Crown of Gold, and Edward the Con­fessor's Shrine, and with great loss received money for them, enquired who had bought them; whereunto answer being made, that the City of London had bought them; Daniel in the life of K. H. 3. 164, 165. That City (said he) is an inexhaustible Gulf: if Octavius' s Treasure were to be sold, they would surely buy it.

Howsoever, being besides constrained to borrow 20000 l. of the City of London, he wrote to every Noble-man and Pre­late apart, to borrow money, but got little; the Abbot of Ramsay lent him 100 l. but the Abbot of Burgh could not spare him so much, although the King told him, It was more Alms to give unto him, than to a beggar that went from door to door.

The Lords in the, 4th. year Daniel 165. Ro' pat. 35 H. 3. m. 6. of his Reign assembled again at London, and pressed him with his promises, that the Chief-Justiciar, Chancellor, and Treasurer should be constituted by the general Councel of the Kingdom; but by reason of the absence of the Earl of Cornwal, nothing was done therein.

The King demanding Mat. Paris 580, 581, 583. aid of his Prelates and Nobility as­sembled in Parliament, they by agreement amongst them­selves stoutly denied it; which greatly troubling him, he shew­ed them the Note or Roll what moneys some few Abbots had lent unto him, with an Ecce, how little it was! with which not being able to remove their fixed resolutions, he with some anger expostulating, told them, Ero nè perjurus? juravi sacramen­to intransgressibili transfretans jura mea in brachio extento à Rege Francorum reposcam, quod sine capioso thesauro qui à vestra liberalitate procedere debet nequaquam valeo; and that not pre­vailing, called aliquos sibi familiares affatus eos dit quid pernicio­sius [Page 44] exemplum aliis praebetis? vos qui Comites & Barones, Milites strenui, estis non deberetis etsi alii timeant, scilicet, Praelati Ecclesiae trepidare; avidiores caeteris deberetis jura Regni resposcere & contra injuriantes Martia certamina potentèr experiri, nostram partem soli­dare & consolari tenetur jus nostrum quod habemus; & quâ fronte poteritis dominum vestrum ad tàm arduum negotium Reipublicae pro­cinctum relinquere pauperem & desolatum, cum tenear promissa de transitu meo adimplere jurejurando strictius obligatus? All which proving ineffectual, made the King to be more angry; insomuch as jurans cum sanctorum attestatione, quod nullo revocaretur terrore nullis verborum ambagibus circumventus ab incepto proposito revoca­retur, quin' in Octavis Paschae naves ascendens fortunam belli in partibus transmarinis contrà Francos imperteritus experiretur: & sic solutum est concilium, utrobi (que) reposita sed occulta mentis indig­natione.

Dispositis igitur navalibus armamentis commendata (que) Regni cu­stodia Archiepiscopo Eboracensi Idus Maii, dispositis legionum sua­rum agminibus & repletis triginta Cadis desideratissimis Ester­lingis Comitante Regina fratre (que) suo Richardo Comite cum aliis septem Comitibus, 300 Circiter militibus Naves ascendens versus Burdegalinos iter direxit prosperè velificando.

After which, and many other troubles and distresses accu­mulated and thronging in upon him one after another, he did in the 34th. year of his Reign send his Precept to the City of London, requiring them with all their Families, even to a Child of 12 years old, to come upon the Sunday next after the Feast Sanctorum perpetuae & felicitatis unto him in the great Hall of his Palace of Westminster, where appeared such a multitude, as the Hall and Yard were wonderfully crowded, Quibus congre­gatis Dominus Rex humilitèr quasi lachrymis abortis, did suppli­cate them, that every one of them would with heart and mouth pardon the anger and ill will which they had against him, con­fessed that He and his Ministers had often wronged them in their Goods, Estates and Liberties, and prayed them to par­don him.

Which wrought so much compassion (for the time) in them, as, although they had no restitution, they did not think fit to repeat their Sufferings: that Design availing the King as little as the pity of the Men, Women and Children of London did, when those that were fit and able to bear Arms did not long after fight as well as they could against him at the Battel of Lewes, where he was taken Prisoner, and suffered him to be carried a year and a quarter together by an Army of Rebels, to London and Westminster, and to several other parts [Page 45] of the Kingdom, and never offered to Relieve or Rescue Him.

In or about the 35th. year of the Reign of King Henry III. Mat. Par. 812, 15. Henry de Bathenia, miles literatus legum terrae peritissimus Regis Justiciarius & Conciliarius specialis, being in Parliament, diffa­matus & graviter accusatus, quod sibi unimim amicus quod in unum annum Domini Regis subdolus supplantatur in officio Justiciario sibi commisso crumenas aliorum & suas impregnatas non erubuit nec for­midavit hinc inde delinquentes recipere ambidexter; In brevi ita illico ditabatur in redditibus maneriis auro & argento; ut nulli Justi­ciariorum secundus videretur; and grew so haughty in the strength and assistance of the Families of the Bassets and m [...] ­fords, as he almost scorned and despised every man: insomuch as the King being very angry with any that interceded for him, answered John Mansel, Clerk, (much employed and favoured by him, who had offered to be his Bail) that he should stare Justi­ciae; that non oportet aliquem Clericum pro eo fide-jussorem in tali Casu reputans causam hanc esse crimen laesae Majestatis, accedente igi­tur Episcopo Londinensi, & quamplurimis intercessoribus admissus est custodiae & plegio viginti quatuor militum qui pro ipso Henrico responsionem & justificationem ritè & justè facerent dato termino factorum. Whereupon the said Henry de Bathenia, vafer & cir­cumspectus, making all the Friends he could to pacifie the King, and finding nothing could prevail, made an Address to the Earl of Cornwal the King's Brother: who not prevailing, was heard to say unto some of his friends, Non possumus deesse Nobilibus in jure suo, nec paci Regni turbantis.

After all which, in the same year, by adjournment, the busi­ness of Henry de Bathe coming again into question in Parlia­ment, and debate, Rex persequebatur undique, graviter ab adversa­riis suis fuerat impetitus & accusatus, Rex autem ira maxima ac­census contra eum qui venerat multò stipatus milite de genere Uxoris suae & amicis & suis propriis accusavit ipsum gravius caeteris, im­ponens eidem inter caetera quod totum Regnum perturbavit & barna­gium universum contra ipsum Regem exasperavit, unde seditio genera­lis imminebat fecit igitur acclamari voce praeconia Londini, & in Curia ut si quis aliquid haberet actionis vel querelae adversus Henr' de Bathenia, veniret ad Curiam ante Regis praesentiam, ubi plenè exaudiretur; Insurrexerunt igitur multi queruli contra eum, ita quod unus etiam sociorum suorum, scilicet & Iusticiarius, palam pro­testaretur quod unum faconirosum Convictum & incarceratum abire permisit impunitum sine judicio opinus respectus muneribus quod factum est in Regis praejudicium & justiciariorum Comitum suorum periculum & discrimen.

[Page 46] Rex igitur magis inde provocatus ascendit superius, exclama­vit (que) dicens, si quis Henricum de Bathenia occiderit quietus sit à morte ejus & quietum eum protestor; & sic properè recessit Rex. Et fuerunt ibi multi qui in ipsum Henricum irruissent, nisi Domini Jo­hannis Mansel prudentia eorum impetum temperans refrenasset; Dixit enim, Domini mei & amici, non est necesse quod in ira preprope­re dicitur prosequamur, paenitebit enim fortè Dominum nostrum jam elapso irae tempore haec jutonuisse; praeterea si aliquid violentiae ipsi Henrico intuleritis, ecce Episcopus Londinensis, qui spiritualem & alii amici ejus militares qui vindictam exercebunt materialem; & sic in magna parte cessavit. Extunc igitur procurante efficaciter Comite Richardo & Episcopo memorato nutius actum est cum eo, dictum enim est Domino Regi secretius quod mirum est quod aliquis ei curet servire cum eis post ministerium etiam mortem mittitur in­ferre, promissa igitur quadam pecunia summa à mortis discrimine re­cessit liberatus. Which the King was so unwilling to be cozen'd of, as he took a care to have paid in this manner, as the Record thereof will evidence, viz. Rex omnibus, &c. universitas vestra Ro' clause 37, & 46 H. 3. (noverit) nos de bono corde penitus remisisse dilecto & fideli nostro Henr' de Bathenia, & propriae familiae omnem indignationem & omnem rancorem quem erga ipsum Henricum pro quibuscun (que) trans­gressionibus us (que) ad diem Dominicam proximam post festum transla­tionis beati Thomae Martyris, anno, &c. tricesimo quinto, ita ta­men quod pro remissione illa dabit nobis praedictus Henricus duo millia marcarum, unde solvet nobis ducentas marcas per annum, videlicet, in Festo Sancti Michaelis anno eodem cent' marc', & ad Pasch' prox' sequen' cent' marc', & sic de anno in annum ad eosdem terminos cent' marc' donec praedicta duo millia marc' nobis fuerint persoluta & si forsitan contigerit quod praefat' Henr' medio tempore in fata conces­serit, antequam praedicta pecunia nobis fuerit persoluta, haeredes sui eandem solutionem facient ad eosdem terminos sicut praedictum est & perdonationis eidem Henr' amerciamentum in quod incidit per at­tinctam quam Thomas de Muleton arramavit versus ipsum de ten' in Holbech & Querpilan' idem etiam Henr' juri omnibus de eo conqueri volentibus etiam nobis in Curia nostra, secundum Legem & Consuetudinem Regni nostri, in cujus, &c. Teste Rege apud Wode­stock, octavo die Julii, T. Johanne Mansel, & Richardo Fil Nicholai.

In the mean time, Lewis King of France warring in the Holy-Land, and being taken Prisoner, the Pope solicited him to take upon him the Cross to rescue him, Alphonsus the King of Castile undertaking to accompany him, and the captive King offering to restore Normandy to the King of England for his assistance; which the French disdaining, and undertaking themselves to [Page 47] procure his Ransom, upon the Pope's granting a Tenth to be leavied upon the Clergy and Laity for three years: the King undertakes notwithstanding the Cross, upon the hopes of get­ting the money, (which, Mat. Paris. saith Matthew Paris, being collected, would have amounted unto 600000 l.) as was then believed, more than to perform his promise.

Whereupon shortly after a Parliament was holden about the Tenth granted by the Pope for the recovery of the Holy-Land: where the Bishops, notwithstanding that he had for the ease of his Subjects severely accused in Parliament Henry de Bathonia, one of his Justices, for receiving of Bribes, were first dealt withal, absolutely denied it; and the Lords alledging they would do as the Bishops did, the City of London was again compelled to the contribution of 2000 l. The Gascoigns likely to revolt, if a speedy remedy were not provided, general Mu­sters were made, and command given, that every one that could dispend 13 l. per annum, should furnish out an Horse­man; which, together with his extreme wants, occasioned a­nother Parliament, who finding it to be better for the people to do it in the usual way, than force him to those extravagant (as they call'd them) courses which he took, were, after fifteen days consultation, in the 37th. year of his Reign, (although they could not be then ignorant that he had but lately grie­vously punished and expelled the Caursini, the Pope's Bankers, or money-Collectors and Brokers, and could not deny his own wants, which appeared in the pawning of his Jewels and Orna­ments; and in the end, as Sir Robert Cotton (if he were the Author of the short view of that King's Life and Reign) hath recorded it, had not means to defray the diet of his Court, but was constrained to Mat. Paris 758, 811, 812. Ro' claus. 37, 46 H. 3. break up House-keeping, and (as Mat. Paris saith) with his Queen, cum Abba [...]ibus & Prioribus satis humilitèr hospitia & prandia quaerere) to satisfie the King's necessities: but so as the reformation of the Grievances, and ratification of their Laws, might be once again solemnly confirmed. A Tenth was granted by the Clergy for three years, to be distributed by the view of certain Lords; and three Marks Scutage for every Knights Fee to be charged upon the Laity for that year: insomuch as those often-confirmed Charters were again agreed to be ratified in the most solemn and religious way that Reli­on and State could ever devise to have it done, Pryns hist. col. of the Pope's Usurpation in England, 107. Daniel in the life of K. H. 3. after this man­ner, viz. the King, (who in all Excommunications was, with the Lords Temporal, by the Laws and reasonable Customs of England, to give their assent before it could sortiri effectum, or have any validity) with many of the great Nobility of Eng­land, [Page 48] all the Bishops and chief Prelates in their Reverend Or­naments, with Candles or Tapers in their hands, walking in a direful Procession through Westminster hall into the Abbey-Church of Westminster, there to hear the terrible Sentence of Ex­communication pronounced against the Infringers of the afore­said Charters granted by him. At the lighting of which Candles the King having received one in his hand, gave it to a Prelate that stood by him; saying, It becomes not me, being no Priest, to hold the Candle, my heart shall bear a greater Testimony; and withal laid his hand upon his breast the whole time that the Sentence was reading, which was pronounced autoritate de om­ni potentis, &c. Which done, he caused the Charter, of King John his Father, granted by his free consent, to be likewise open­ly read, and the rest of the company throwing away their Candles, which lay smoaking on the ground; all cried out, So let them who incur the Sentence, be extinct, and stink in Hell: The King with a loud voice, saying, as God me help, I will, as I am a man, a Christian, a Knight, a King Crowned and Anointed, inviola­bly observe those things; which Ceremony ended, the Bells rung out, and all the people shouted with joy.

But it is not to be forgotten (although Matthew Paris, Sa­muel Daniel, and all other Writers but Mr. William Pryn make no mention of it) in this astonishing and dreadful Ceremony, in the like whereof never were Laws (saith Mr. Daniel) amongst men (except the Decalogue from Mount-Sinai) promulgated, and pronounced with more Majesty of Ceremony, to make them heeded, reverenced, and respected, than were those that wan­ted Thundring and Lightning from Heaven: acompanied with an Earth-quake shaking the very Foundations thereof.

The King did not desert his own regal Rights, and Prehe­minencies; but did at the same time, when in that dreadful manner, he joyned in the Pronunciation of that Sentence of Excommunication with his own mouth publickly, except out of it all the Ancient and Accustomed Liberties of the Realm, and the Dignities and Rights of the Crown; and the same day caused a Record thereof to be made, yet extant in the Tower of London in these words, viz.

Noverint Universi quòd Dominus Henricus Rex Angliae Illu­stis l Ro' pat. 37 H. 3. m. 12. in dorso. R. Comes Norf. & Marshallus Angliae, H. Comes Hore­ford, & Essex, J. Comes de Warren, Petrus de Sabaudia, caete­rique Magnates Angliae concesserunt in sententiam Excommunicatio­nis generaliter latam apud Westmonasterium tertio decimo die Maii Anno Regni Regis predicti 37. in hac forma, scilicet, quòd vinculo praefatae sententiae ligentur omnes venientes contrà libertates [Page 49] contentas in ehartis communium libertatum Angliae, & de foresta, & omnes qui libertates Ecclesiae Angicanae temporibus Domini Re­gis & Praedecessorum suorum Regum Angliae optentas & usitatas scienter & malitiosè violaverint aut infringere praesumpserint, & omnes illi qui pacem Domini Regis & Regni perturbaverint & si­militer omnes qui jura & libertates Domini Regis & Regni di­minuere, infringere, seu immutare praesumpserint & quòd omnes ve­nientes contrà praemissa vel eorum aliqua ignoranter & legitimè moniti infra quindenam post monitionem praemissam dictam transgressio­nem non emendaverint ex tunc praedictae sententiae excommunicationis subjacebunt ità tamen quod Dominus Rex transgressionem illam per considerationem curiae suae faciat emendari, sciendum autem quod si in scriptis super eadem sententia à quibuscun (que) confectis seu conficien­dis aliud vel alitèr appositum vel adjectum fuerit aut articuli ali­qui alii in eis contenti inveniantur, Dominus Rex & praedicti Mag­nates omnes & communicatas populi protestantur publicè in praesentiâ venerabilium patrum B. Dei Gratiâ Cantuariensis Archiepiscopi totius Angliae Primatis, nec non & Episcoporum omnium in eodem colloquio existentium, quòd in ea nunquam consenserunt, nec consenti­unt, sed de plano eis contradicunt, praetere à praefatus Dominus Rex in prolatione praefat' sententiae omnes libertates consuetudines Regni sui autiquas & usitates & Dignitates, & jura Coronae suae ore pro­prio specialiter sibi & Regno suo salvavit & excepit. In cujus rei memoriam, & in posterum veritatis testimonium, tàm Dominus Rex, quam praedicti Comites, ad instantiam aliorum Magnatum & Populi, praesenti scripto sigilla sua apposuerunt.

Gascoign, a great Province in France, having been, before the King had any Son, granted by him, by the counsel of the Lords, to his Brother Richard Earl of Cornwal, who was there received as their Lord, and so continued, until the King had Issue of his own: after which, revoking his Grant, and con­ferring it upon his Son Edward, the Earl, though he were de­prived of his Possession, not being willing to forgo his Right, the King in great displeasure commanded him to resign his Charter: which he refusing to do, the Citizens of Burdeaux were commanded to take and imprison, but would not adven­ture thereon; Notwithstanding, money being offered, and like to effect more than his command, the Earl, in danger to be sur­prized, came over into England; whereupon the King assem­bled the Nobility of Gascoign, promised them 30000 Marks to renounce their homage and fealty to his Brother; which be­ing not accepted, he sent Symon Montfort Earl of Leicester, (a rough and martial man) in revenge thereof, to be their Gover­nour under him for six years, and furnished him with 1000 [Page 50] Marks in order thereto: whom Montfort, by a stern Govern­ment, so discontented, as they and the Archbishop of Burdeaux accused him of heinous Crimes, which was a cause of Montford s sending for over. And the King, resolute in maintaining the Gascoigners, that sturdy Earl Montfort, who had forgotten that he was an Alien himself, and had received of the King large Gifts, Preferments, and Honours both in France and England, (unto whom the Earl of Cornwal, with the discontented part of the English Baronage, joyning) complained as much of the Aliens, viz. William of Valence, Earl of Pembroke, Guy de Lu­signan, the King's half-brothers by his Mother, and the many French and Poictovins, that over-much governed him, and his Counsels, as they did again complain of the breach of the Great Charter, which was seldom omitted out of the Reer of their grie­vances; which at last came to such an undutiful contest, as Montfort upbraiding the King with his expenceful service, wherein he alledged he had utterly consumed his Estate, and said that he had broken his word with him: the King in great rage told him, That no promise was to be observed with an unworthy Traytor; wherewith Montfort rose up, and protested, that he lyed in that word; and, were he not protected by his Royal Dignity, he would make him repent it. The King commanded his Servants to lay hold of him, which the Lords would not permit; wherewith Montfort growing more audacious, the King told him, He never repented of any thing so much, as to have permitted him to enter into his Kingdom, and to have honoured and instated him as he had done.

But shortly after, the Gascoigns being again encouraged by the King against Montfort, and that Province given to his Son Edward, and Montfort sent thither a Governour again, though with clipt wings, grows enflamed as much, as the Gascoigns were one against another; but Montfort, by his great Alliance with France, overcame them: who in the 38th. year of the King's Reign, being discharged of the Government, retired from thence, and refusing an offered entertainment by the French King, returned into England; where the King, besides Gascoigny, having given Ireland, Wales, Bristol, Stamford, and Grantham to the Prince, and consumed all that ever he could get in that and the former expeditions which he had made, which was reckoned to have cost him Twenty seven hundred thousand pounds, which were said to have been more than the Lands endeavoured to have been regained were worth, if they were to be sold.

A Parliament was called in Easter-Term following, which brought a return of grievances, and complaints of the breach [Page 51] of Charters, and a demand for former pretended rights in elect­ing the Justiciar, Chancellor, and Treasurer; whereupon, after much debate to no purpose, the Parliament was prorogued un­til Michaelmas next after, when likewise the King's motion for money was disappointed, by reason of the absence of many Peers, being not (as was alledged) summoned according to Magna Charta. In the mean time the Pope, to destroy Manfred Son to the Emperour Frederick, who was in possession of the Kingdom of Sicily and Apulia, sent the Bishop of Bononia with a Ring of investiture of the Kindom of Sicily to Edmond the King's second Son, (with the hopes of which his Praedecessor Innocent IV. had before deluded the King himself.)

And the King being offered to be absolved from his Oath of undertaking the holy Wars, so as he would help to destroy Man­fred the Emperour Frederick's Son, who being Victorious, had no mind to be so ill used. The Legate returned with great gifts, and a Prebendary of York, but could not obtain his design of collecting the Tenths in England, Scotland, and Ireland, to the use of the Pope and the King; for that the Clergy growing jealous, m that the [...]g and the Pope were confederate therein, protested rather to lose their Lives and Livings, than to be made a prey to either: the Pope in the mean time having upon that vain hope, cunningly wrapt him in an obligation of 15000 Marks.

Upon complaint of the Gascoigns, who were under the Go­vernment of the Prince, that their Wines were taken away by the King's Officers, without due satisfaction; and the Prince thereupon addressing himself to his Father in their behalf; and the Officers, in excuse of themselves, informing the King, that the Prince took upon him to do Justice therein, when it be­longed not to him: the King was put in a great rage, and said, Behold, my Son and my Brother are bent to afflict me, as my Grand-father King Henry II. was. And being put to his shifts to supply his necessities, came himself into his Exchequer, and with his own mouth pronounced and made Orders for the better bringing in of his Revenues, Farms, and Amerciaments, under severe penalties, that every Sheriff which appeared not yearly there in the Octaves of St. Michael, with his money, as well of his Farms and Amerciaments, as other dues, for the first day should be amerced five Marks, for the second ten, for the third fifteen, and for the fourth should be redeemed at the King's pleasure; all Cities and Freedoms to be amerced in the same manner, and the fourth day making default, were to lose their Freedoms; the Sheriffs amerced five Marks for not distrain­ing [Page 52] upon every man that having 20 l. Lands per annum, came not to be made Knight, unless he had before been freed by the King: And by examinations of measures of Ale and Wine, Bushels and Weights, got some small sums of money; and a­bout the time of Richard Earl of Cornwal's going to Germany, (where he was, by the privity and approbation of the Councel of State in England, elected King of the Romans) called a Par­liament: where bringing his Son Edmond clad in an Apuleian-habit, he said, Behold my Son Edmond, whom God hath called to the dignity of Regal Excellency: how fitting and worthy is he of your favour; and how inhumane were it, in so important a necessity, to deny him counsel and aid! and shewed them how, by the ad­vice and benignity of the Pope and the Church of England, he had, for the obtaining of the Kingdom of Sicily, bound himself under the penalty or covenant of losing the Kingdom of England, in the sum of 150000 Marks; and had obtained the Tenth of the Clergy of all their Benefices for three years, according to the new rates, without deduction of expences; besides their first-fruits for three years: whereupon, after many excuses of poverty, they promised, upon the usual condition of confirma­tion of Magna Charta, to give him 32000 Marks; But that not satisfying,

The next year another Parliament was holden at London; where he pressing them again for money to pay his debts, the Lords told him plainly, They would not yield to give him any thing; and if he unadvisedly bought the Kingdom of [...]icilly, and was deceived in it, he was to blame himself therein; And repeating their old grievances, the breach of his promise, con­tempt of the power of the Church, and the Charter which he had solemnly sworn to observe, with the insolency of Strangers, (especially of William de Valence, who most reproachfully had given the lye to the Earl of Leicester, for which he could not, upon complaint to the King, have right done him) how they abounded in Riches, and himself so poor, as he could not re­press an Insurrection of the Welsh: The King thereupon promi­sed, by his Oath taken upon the Tomb of St. Edward, to re­form all his errours. But the Lords, in regard the business was difficult, got the Parliament to be adjourned to Oxford; and in the mean time the Earls of Gloucester, Hereford, the Earl Marshal, Bigod, Spencer, and other great men, confederated and provided by strength to effect their desires.

The King Mat. Par. 977. & in addita­ment is. driven into necessities, did, the better to appease those often-complain'd-of grievances, when his own were burthen enough, by his Writs or Commissions sent into every [Page 53] County of England, appoint quatuor milites qui considerarent quot & quantis gravaminibus simpliciores à fortioribus opprimuntur & inquirent diligenter de singulis querelis & injuriis à quocunque factis, vel à quibuscunque illatis à multis retroactis temporibus & omnia requisita sub sigillis suis se cùm Baronagio ad tempus sibi per breve praefixum certificent; which by any Record or History do not appear (saith Spelmans Glos­ [...]. Sir Henry Spelman) to have been ever cer­tified.

And to obtain money, procured the Abbot of Westminster to get his Convent to joyn with him as his surety in a Bond for 300 marks; sent Simon Paslieu, his trusty Councellor, with Letters to other Monasteries to do the like, but they refused. And the Prince participating in the wants of his Father, was for want of money constrained to mortgage the Towns of Stanford, Benham, and other Lands, to William de Valence. So that upon the aforesaid adjournment, and meeting of the Par­liament at Oxford, in the 42d year of his Reign, brake out those great discontents which had been so long in gathering; whither the Lords brought with them great numbers of their Tenants by Knights-Service, Mat. Parit. (which were many) followers, dependants, and adhaerents, upon a pretence of aiding the King, and going against the Welsh: where, after they had secured the Ports, to prevent Foreign aids, and the Gates of the City of London, with their oaths and hands given to each other not to desist until they had obtain their ends, began to expostulate their former Liberties, and require the performance according to the Oaths and Orders formerly made; the Chief-Iusticiar, Chan­cellor and Treasurer to be ordained by publick choice; the twenty four Conservators of the Kingdom to be confirmed, twelve by the election of the Lords, and twelve by the King, with what­soever else might be advantageous for their own security; Whereupon the King, seeing their strength, and in what man­ner they required those things, did swear again solemnly to the confirmation of them, and caused the Prince to take the same Oath. Of which Mat. Westmin­ster. Treasonable Contrivances, Matthew of Westminster, (an ancient English Historian of good credit) hath recorded his opinion in these words: Haec de provisionibus imò de proditionibus Oxon▪ dicta sufficiant. And here yet they would not rest, the King's Brethren, the Poictovins, and all other stran­gers, were to be presently removed, the Kingdom cleared of them, and all the Peers of the Land sworn to see it done. The Earl of Cornwal's eldest Son refusing to take the Oath without leave of his Father, was plainly told, That if his Father would not consent with the Baronage in that Case, he should not hold [Page 54] a Furrow of Land in England. In the end, the King's Bre­thren and their followers were despoiled of all their fortunes, and banished by order under his own hand, with a charge not to pass with any Money, Arms or Ornaments, other than such as the Earls of Hereford and Surrey should allow and appoint; with an injunction to the City of Bristol, or any other Ports, not to permit any strangers, or Kinsmen of his, to come into England, but such only as the King and the Lords should like.

The Poictovins landing at Boloign, had much-a-do to gain passage into their own Countreys, by reason that Henry de Montfort, Son to the Earl of Leicester, whose power was very great in France, had followed them thither. Rumours were spread amongst the people in England, that the Earl of Gloucester was attempted to have been poyson'd; and one of his Servants executed, upon no other proof but presumption; and every one that would complain of the Poictovins, wanted no encou­ragement.

Richard Gray, whom the Lords had made Captain of the Castle of Dover, intercepted as much as he could of what the Poictovins carried over, and enriched himself thereby. The new Chief-Justice Hugh Bigod, Brother to the Earl Marshal, being chosen in the last Parliament by publick voice, procured an order, that four Knights in every Shire should enquire of the poor oppressed by great men, and certifie the same to the Baronage under their hands and seals; which were never found to have been certified; And made an Order, that no man should give any thing (besides Provisions) for Justice, or to hin­der the same; and that both the corrupter and corrupted should be grievously punished.

Notwithstanding which pretended care, the Lords enforce­ing the service of the King's Tenants which dwelt near unto them, were as totidem Tyranni, furnished the especial Fortresses of the Kingdom with Garrisons of their own, sworn to the common State; and took the like assurance of all Sheriffs, Bailiffs, Coroners, and other publick Ministers, with strict Commissions upon Oath to examine their behaviour.

And to make the King and his actions the more odious, and their own more popular, it was rumoured, that the King's ne­cessities must be repaired out of the Estates of his people; and he must not want, whilst they had it.

Whereupon the King, to defend himself from such scandals, was constrained to publish his Declaration, to desire the people to give no credit to such false suggestions; for that he was ready to defend all Rights and Customs due unto them.

[Page 55] Howsoever, Montfort, Gloucester and Spencer, who had by the late constitution of the twenty-four Conservators drawn the entire managing of the Kingdom into their hands, enforced the King to call a Parliament at London, where the authority of the twenty-four Conservators was placed in themselves, and order taken that three at the least should attend at the Court, to dispose of the custody of Castles, and other business of the Kingdom, of the Chancellor, Chief-Justiciar, Treasurer, and all other Officers great and small, and bound the King Daniel 177. to re­lease to them their legal Obedience, whensoever he infringed his Charter.

In the mean time, the Earl of Cornwal, King of the Romans, being dispossest of that Kingdom, or not well liking it, retur­ning into England, the Barons send to know the cause of his co­ming, and require of him an Oath before he should land, not to prejudice their late established Orders of the Kingdom; which he sternly refused, saying, He had no Peer in England, being the Son and Brother of a King, and was above their power; and if they would have reformed the Kingdom, they ought first to have sent for him, and not so presumptuously have attempted a business of so high a nature. The Lords, upon return of such an answer, sent to guard the Ports, came strongly to the Coast, prepared to en­counter him, and the Mat Paris 983. King, Queen, and their Son Edmond, in a more loving manner go to Dover to receive him; but nei­ther they nor the Earl of Cornwal were by them permitted to enter into the Castle, for that it was the chief Fortress of the Kingdom. But finding the Earl of Cornwal's Train small, they suffered him to land; and did, upon his promise to take the propounded Oath, bring him and the King into the Chapter­house at Canterbury: where the Earl of Gloucester. standing forth in the midst, in the presence of the King, called forth the Earl, not by the name of King, but Earl of Cornwal; who in reverend manner coming forth, took his Oath, That he would be faithful and diligent with the Barons to reform the King­dom, by the counsel of wicked persons over-much disordered; and to be an effectual Coadjutor to expel Rebels, and disturbers of the same, under pain of losing all the Lands which he held in England. After which, both parties strengthening themselves all they could, the King for the assurance of the King of France, ex praecepto & consilio Domini Regis Angliae, & totius Baronagii, sent the Earls of Mat. Paris 986. Daniel 178. Gloucester Leicester, Peter de Subaudia, John Mansel, and Robert Walerand, to the Parliament of Paris, de ar­duis negotiis Regna Angliae & Franciae contingentibus, carrying with them a resignation of the Dutchy of Normandy, and the [Page 56] Earldoms of Anjou, Poicteau, Turaine, and Mayne, for which the King of France was to give him three hundred thousand pounds, with a grant of all Guyen beyond the River of Garonna, all the River of Xantoigne to the River of Charente, and the Counties of Limosin and Quercy, to him and his Successors, dong his Ho­mage and Fealty to the Crown of France, as a Duke of Aquitain, and a Peer of that Kingdom.

After whose return, Montfort, as he had incensed others, so had he those that animated him against the King; as, Walter Bishop of Worcester, and Robert Bishop of Lincoln, who enjoyned him upon the remission of his sins, to prosecute the cause unto death; affirming, that the peace of the Church of England would never be established, but by the Sword.

But the people being oppressed and tired at length with those commotions, part-takings and discords, which, by the provisions wrested from the King at Oxford, and so many mis­chiefs and inconveniencies, had harassed, and almost ruined them, and did help to increase rather than decrease those trou­bles and controversies which afflicted the Nation: it having never been easie to bring those that were to be governed, to rule with any modesty or moderation those that had enjoyed a governing power in authority, established and appointed by God, in a well-temper'd Monarchy, and succession for many Ages; or those that were to govern, to obey the giddy and unjust dictates of those who were to obey them; or to unite in any contenting harmony the various ambitions, envies, reven­ges, hatreds, partialities, self-interests, and designs of many, or a multitude; or such enforcements and contrivances to be lasting, durable, or pleasing; and that all could not well rule, or agree how to do it.

M. Paris 992 The King and Queen keeping their Christmas in the Tower of London, cum suis consiliariis, (saith Matthew Paris) elaboratum fuit tam à Regni Angliae pontificibus quam à Regni Franciae, ut pax reformaretur inter Regem Angliae & Barones, ventum (que) est ad illud, ut Rex & Proceres se submiserunt ordinationi Regis Fran­ciae, in praemissis provisionibus Oxoniae, nec non pro depraedationibus & damnis utrobique illatis, who had been so good a friend to the rebellious Barons, and so great a favourer of them, as after his expulsion out of England, whither they had invited him, toaid and assist them against K. John, and an agreement made with K. Henry III. his Son, to restore unto him the Dutchy of Norman­dy, and the other Provinces which he had from him in France, as he denied to re-deliver them, until the Liberties claimed by the English Barons, his old Friends, should be confirmed unto [Page 57] them, by whose Quarrels with their Sovereigns, he had gain­ed many great advantages, to the wrong and damage of the Crown of England.

And was all the while a very great enemy both to the King and his Father, who notwithstanding was with the Prince his Son. Richard Earl of Cornwal, King of the Romans, with o­thers of the Loyal Nobility of the Kings part; and the conten­ding Rebellious Lords of the other side, by mutual Oaths, tactis sacrosanctis Evangeliis, in the 47th. year of his Reign, did undertake to perform and abide by his award, so as it were made and pronounced betwixt that and the Feast of Pentecost then next ensuing: unto which none of the Commons of Eng­land do appear to have been parties. Whereupon the Mat. Paris 992. King of France taking upon him the said arbitration, congregato in crasti­no sancti Vincentii Ambiomis populo penè innumerabili coram Episcopis, & Comitibus, aliis (que) Francorum proceribus solemniter dedit sententiam pro Rege Angliae contra Barones Statutis Oxo­niae, provisionibus, ordinationibus, ac obligationibus penitus annul­latis, hoc excepto quod antiquas Chartas Regis Johannis Angliae universitati concessas per illam sententiam in nullo intendebat penitùs derogare.

And made his award accordingly in writing: an exempli­fication or Inter Recor [...] in recept' sci­enti apud Ca­merar. authentick Copy whereof is yet to be seen amongst the Records in His now Majesty's Treasury at Westminster.

Quae quidem exceptio Comitem Leicestriae, & coeteros qui habebunt sensus exercitatos (saith Matthew Paris) compulit in praeposito tene­re firmitèr Statuta Oxoniae que fundata fuerant super illam Chartam.

Et eo tempore redierint à Francia qui Parliamento, Regis Fran­cia interfuerant, Rex, videlicet, Angliae Henricus, & Regina Eleanora, Archiepiscopus Cantuariensis Bonifacius, Petrus Here­fordensis Episcopus, & Johannes Mansel; qui Baronibus, (saith that Monk of St. Albans) mala quanta potuerunt, non cessabant machinari.

Which exception could neither absolve them from their Oaths so solemnly taken to perform the award which the King of France had made, or purge them from their former and after Rebellions against King Henry III. or their ill usage of him.

SECT. VI.

That the Exceptions mentioned in the King of France's award of the Charter granted by King John, could not invalidate the whole award, or justifie the provisions made at Oxford, which was the principal matter referred unto him.

FOr that the contrivance of the twenty-four Conservators, and what else was Mat. Paris 261. added thereunto by the aforesaid Provisions and constrained Ordinances made at Oxford, was never any part of the Magna Charta, or the Charta de Foresta, enforced from King John, but a security seperate and collateral thereunto, framed and devised at the same time, for the better observation and performance of those Charters, which the pre­amble of that security, (of which Matthew Paris hath at large left unto posterity an exemplar) may abundantly evidence, in the words following, (viz.) Cum autem pro Deo & ad emendatio­nem Regni nostri & ad melius sopiendam discordiam, inter nos & Barones nostros, haec omnia concessimus volentes ea integra & firma stabilitate gaudere facimus & concedimus eis securitatem subscri­ptam, viz. quod Barones eligant viginti quinque Barones de Regno nostros quos voluerint, &c. and doth greatly differ, both in the material and formal parts thereof, from the provisions after­wards enforced at Oxford, as by a just collation and comparison of that collateral security with those provisions, may appear: where care is taken but for twenty-four Conservators, twelve to be chosen by the King, and twelve by those factious Lords, who would likewise engross to themselves and their party the nomination of the Chancellor, Treasurer, two Chief-Justices, two of the Justices of both the Benches, and Barons of the Exche­quer, and have the making of the Chief-Justice of the Iews; to which the King and his Son the Prince were sworn; but to the Running-Mead unkingly shackles or security, the King and those masterly Barons were only sworn, and that not thought sufficient, without some principal Castles of the Kings were to be put into hands of those Conservators; and that upon com­plaint made to the King or his Chief-Justice, if reformation were not made within a time limited; the Conservators and the common people were to distrain, & gravere eum, (which would amount to a licensed Rebellion) with a salvis personis only of the King and his Queen and Children; all the great men of the Kingdom, and the common people, and as many as would, being also to take their Oaths to be aiding and assist­ing to those Conservators, (in a kind or much resembling the [Page 59] late ASSOCIATION) who were themselves to take their Oaths well and truly to execute their multiplied Kingships, and clip, as much as they could, the more just Authority and Rights of their Sovereign: But in those of Oxford there was so much kindness shewed to themselves, and care taken of their own tender consciences, as not to be sworn at all, and must needs be an excellent contrivance for the invisible good of the Kingdom, and a rare performance of their Homage, Fealty, and Oaths of Allegiance, to take the power and authority from a King, which should enable him to perform his Magna Charta, and Charta de Foresta, freely granted unto them, and put it into their own hands to break those Charters and his Oaths, and to pro­tect and do Justice unto his people, as oft as their malice, am­bitious envies, avarice, revenge, interests, designs, corruptions, or domineering passions of themselves and their Wives, (being not a few in number) and their numerous adhaerents, should incite or persuade them unto; and were so confident of their over-ruling party, no provision being at all made in those which were made at Oxford, if any discords should arise in the election of the one twelve, or the other; or in the continuance of their agreements together, shares, or parts in the Govern­ment of their King and fellow-Subjects, as believing that the power of the twelve Barons chosen by themselves, would be either praedominant over the twelve which were to be named by the King, or their newly-usurped authority would be so complaisant and well-pleasing unto all the twenty-four, as flattery, fear or interest would so quiet any (to be supposed) discords, as they should not need to fall out at a Feast, or divide, disturb, or destroy themselves by Factions: the security given at Running-Mead ordaining only twenty-five Conservators, with­out any election of a part or moity of them by the King, and to be upon occasion of any breach or offence done by the King or his Justiciar, ergà aliquem in aliquo, vel aliquem articulorum pacis vel securitatis, (which clearly divides the security or Con­servatorships, from the Articles of Peace and Charters com­pelled at Running-Mead, as far asunder as a disjunctive, or matters of another nature, sense, or purpose could effect) redu­ced to four, and that which was referred to the King of France, neither King John's Charter, nor the collateral enforced security, by the power of a Rebellious and unruly Army, when he had but seven Knights to stand by him, and was over-aw'd by a Clergy claiming to be independant of him, and out of the power and coertion of his Laws; had the Pope's. Legate at their el­bow, and his afrighting pretence of God-like Omnipotency, [Page 60] with their threatning to excommunicate him and his Councel­lors, and all that should adhere unto him; And, as if that had not been enough, practising and plotting with a discontented powerful party of the Barons against him: But singly and se­perately, that which was the present Controversie, & cardo quae­stionis, were the provisions made at Oxford, where per mensem integrum persistebant consilits & armis; of which, and the Hen. Knight. de eventibus Anglia. refe­rence to the French King thereupon, Henry Knighton (an Author much enclin'd to the contending part of the Baronage) gives us an account in these words: Publicatis Statutis & executioni de­mandatis, displicuerunt multa Regi & paenituit eum sic jurâsse sed quia resistere non potuit, ex arrupto dissimulavit ad tempus, cùm (que) elapso anno non videret se ut promiserant à debitis relevari, (which Henry Knighton affirmeth they promised) sed magis Onerari, in multum condoluit, & missis ad Papam Nuntiis quoad sacramentum praestitum absolutionis beneficium consecutus est, & quoad se & suos omnes absolvit et [...]am Papa indifferenter omnes ab eodem juramento, ut citiùs inter se in vinculo pacis unirent, siatim (que) absolutione opteniâ resilivit Rex à praemissis, & convocato Parliamento suo Oxoniae quaestionem movit magnatibus suis, se quantùm ad provisiones tenen­das callidè quidem inductum & seductum, in super quod ad sacra­mentum praestitum, & pro se & suis universalitèr omnibus absolu­tionis benificium generalitèr impetrâsse unde petiit se ad omnia re­stituti, sicut antiquitùs esse consuevit.

At illi qui convenerant Comes, scilicet, Leicestrensis Symon de Montforti, Comes Gloucestriae Gilbertus de Clara, Humfridus de Boun juvenis, Comes Ferarensis; Barones etiam quam plurimi, scilicet, Dominus filius Johannis, Dominus Henricus de Hastinges, Dominus Galfridus de Lucy, Johannes de Vescy juvenis, Domi­nus Nicholaus de Segrave, Hugo le Spencer, & Robertus de Vesponte, (no Commons) pro se siquidem & suis sequacibus una­nimitèr respenderunt quòd provisiones ad quas juramento astricti fue­rant usque in finem vitae tenere voluerunt eò quòd pro utilitate Re­gis, & Regni communiter editae fuerant & confirmatae.

Dum (que) vota Men. Knight. l. 2. inter histor. antiq. scriptur. Anglic. 245, & 246. sua sic mutassent in varia impacata recedere vo­luissent, quidam Episcopi aderant qui interposuerunt partes suas ità quòd ipsis & aliis amicis communibus sic cum difficuliate mediantibus compromiserunt partes utrim (que) se velle stare in omnibus arbitrio Regis Franciae.

Qui quidem Rix auditis hinc inde propositis & diligenter ponde­ratis decrevit in fine Regi Angliae exhaereditationem fieri manifestam, unde Statuta eorum quasi omnia reprobavit, & eidem Regi statum pristinum restitui, imponens aliis silentium quantum ad jura Regalia ordinanda.

[Page 61] Moti (que) Magnates & indignantes necesserunt stare nolentes ejus arbitrio, [...]ò quòd pro Rege omnia Rex ipse adjudicavit.

Wherein the Charters of King John, either as to the Forests, or concerning the other Lands, Liberties and Estates of the Bishops, Abbots, Priors, Earls, Barons and Free-men of Eng­land, or any the controversies raised thereupon, do not appear to be any part of the matters referred to the King of France's arbitration, neither are in his award thereupon mentioned, in the transcript thereof, remaining amongst His Majesty's Re­cords, or declared by Matthew Paris, or Henry Knighton) to be any parcel of the controversies referred unto him, or inducing the same; for the Charter of King John, therein by Matthew Paris said to be excepted, is in the singular number, and distinguishable from that of the Forests, and cannot how­soever, in any probability, be intended to be the aforesaid collateral over-binding security, nor could that be comprehen­ded under that notion; for the Charters granted by King John have nothing therein of the after-provisions made at Oxford, which were not in his said Charters mentioned, nor can be ac­counted the same, when they were not then existent, but were framed, hatched and brought forth forty-three years after the Charters gain d at Running Mead, which were not the same with that seperate and collateral bond, or unfitting security, where­in the King, besides those Charters, did covenant to expell all aliens and strangers out of the Kingdom, & omnes ruptarios, breakers of the peace thereof, (some of which were therein particularly named) qui sunt ad nocumentum Regni, granted a general pardon omnibus Clericis & Laicis, of all offences com­mitted by reason of the said troubles and discords from Easter before, (which was in the [...]6th. year of his Reign) to the ma­king of that pacification; and moreover, gave unto them the Letters Testimonials and Patents of the Archbishops of Can­terbury and Dublin, Pandulphus the Pope's Legate, and other Bishops, super securitate ista concessionibus praedictis, the Charters being only a grant of the King's to to the Bishops, Earls and Barons, and the rest of the Freemen and Subjects of England, not as if they were before free and exempt from the just Monar­chical and Regal Government, but contra-distinguished from Bond-men and Bond-women, Copy-holders, Servants, &c.) which needed no Oaths from the Grantees, or those which might be glad to receive the Benefits and Liberties granted thereby.

For the contrivance of that fatal and too-long-lasting Seminary of Sedition and Discord betwixt the King and those Barons, [Page 62] and that unfitting security to pacifie their unbecoming jealousies, being no part of the Charters granted by King John, were but as covenants and promises extorted from an over affrighted and distressed Prince, and were not the same upon which the provisions of Oxford were founded, nor incorporate in them.

So that the provisions made at Oxford must needs be those, and none other, which the King of France and his Parliament and great Council, upon so grand and deliberate a hearing, declared to be null and void, as derogatory to Kingly Govern­ment, and amounting to a total dis-herison of the King therein; and if they were not those provisions, the maintainers of any such opinion are to shew what other provisions made at Oxford in the Reign of King Henry III. were referred unto him, or condemned by him.

It being not to be understood by any, that will not make their ignorance, self-conceitedness, designs and evil purposes to be the rules of their reason, that the exception of King John's Charter was to be extended to the collateral security, and when they have sweat and laboured at it beyond any the rules of Rea­son and Learning, will never be able to entice or draw any religious, good, wise or learned men to subscribe to such a pa­radox, That twenty-five Conservatorships should be intended or understood to be only Twenty-four, and those subcommitted to Four; that the King's putting into his rebellious Barons hands four of the strongest Castles which he had, as pledges and security, with power for all that would to take Oaths, to distrain and take arms, and set the common people upon him: were, or are within the true meaning or construction of that Magna Charta; or that it was ever within the meaning, intention, or words of that Magna Charta, granted by him unto his Subjects, to be holden of him and his heirs in capite, that the word or notion of Liberties mentioned therein, should or could be­get a Law, Rule, or Custom, that those that were the Grantees, and to be governed, should rule their Governours, (which no where appear­eth to be consonant to that Reason, Iustice and Order which God Him­self praescribed, and gave as a rule for the better ordering of the Sons of men and all their Generation;) or that the granter of those Li­berties in those Charters, did thereby ever intend, or so express, or understand, that by the grant of those Liberties and Benefits, the Sub­jects of England were entituled to a Right or Authority to govern their King; and if he do not therein behave himself according to the Interests or Votes of a giddy multitude, (who are as seldom to be pleased, as they are to be brought into one and the same opinion, hu­mour, interest, or design) should be vested with a power or authority to compel him.

[Page 63] When no Histories, Annals, or Records of the Nation, or Writer new or old, (except such as had been fooled and infa­tuated by Jesuitical Principles, fitted and dress'd up for some wickedly silly Presbyters and Fanaticks, in the time of that popular Frenzy in England, betwixt the years 1640 and 1661, and drank deep of that Circaean Cup, and intoxicated them­selves with the ungodly gains of Rebellion against their Sove­reign, by Murder, Plunder, and Sequestration of Him, and their more loyal and honest fellow-Subjects) can tell us any News of such Rights and Liberties, or inform us where any such were granted, duly registred or authenticated, other than in or by the Records or Memorials of Wat Tyler, Jack Cade, Ket, and their Rabble-rout.

Nor was it probable that so great a Council of wise or learned men should in the penning or wording the King of France's aforesaid decree or award, in or with the exception of King John's Charter, so much err, if they had understood that it had made void the whole award, or that the Pope would have confirmed a nothing, or such an award as should signifie no more; or that the opposite Barons would have taken it so ill, or believed that it had been so much against them, as Henry Knighton related it, That the King of France had awarded all for the King, if they had not understood the aforesaid provisi­ons made at Oxford to have been, ipso facto, null and void; neither can it by any men of Law, Reason or Learning be adjudged, that that award could be as to the whole a nullity, by reason of that exception, when the civil or Caesarean Law, that excellent method of universal reason, by which the greatest part of the world was then, before, and ever since contented to be guided, hath taught us, that l. 2. ff. de except. exceptii est quaedam exclusio quae interponi actioni cujus (que) rei solet ad excludendum id quod in intentio­nem, condemnationem vè deductum est; For, l. 1. labeo scribit ff. de fluminibus. l. Tiriae text' pr'ff. de legat' Bart' in lib. 1. ff. de except'. l. de aetat' nihil interest ff. de inter­rog'. excipere propriè est detrahere, & exceptio est quae partem aliquam de universo Actoris jure detrahat; And these Laws have declared, that exceptio obscura nihil est momenti; & obscurè excipere, est nihil excipere; And our English Laws and reasonable Customs have allowed us to say and believe, that exceptio firmat regulam in casibus non exceptis, that a matter or thing not excepted, is the more strengthened and confirmed, by what is excepted and severed from it.

But it seems, saith Mr. Pryn, that that award of the King of France was not full and satisfactory to all parties, (although the King's permission thereupon afterwards made, chargeth the dissatisfaction on the Barons part) whom to content as well as he could, he and the Barons, by mutual consent, did by their [Page 64] Letters Patents, submit (as he said) that award to H. Bishop of London, H. le Despencer, Justiciar of England, Bartholomew Earl of Anjou, Cousin-jerman to the King of France, and the Abbot of Beck, to amend or correct, by way of addition or detraction (in or to the said award) whatever they should judge meet for the settling and securing of Peace.

And the King was so great a lover of Peace, and well­wisher of the good of his people, as after he had granted unto them more Liberties than they could claim, and in modesty could ask of a Sovereign that would preserve that Superiority, and those Rights which God had given Him, for His own and the Peoples good, which can never be, without an Obedience of Subjects, and a care of a Prince to protect them, by doing justice to Himself as well as to Them; and was so willing to give them satisfaction in any thing just or reasonable to be de­sired, as he was content to wave and lay aside the advantage which he fairly gained by the aforesaid award or ordinance of the King of France, in defence and maintenance of his own just Rights, and therein of his means to govern and protect them, (which no Prince in Christendom at that time would have done) and at the same time adventure the censure or ill will of a neigh­bour Potent Prince, that would not take it kindly to have an award made with so much Justice, Judgment, and care, to be reviewed by a part of his People, and such as were no friends to the Rights of Kings, and had been long in opposition to their King, and encouraged a long and lasting Rebellion against him, and by such a new reference or review, subjecting him­self to the Excommunication and Ecclesiastical Censures of the Pope's Legate, by which He and his Kingdom had already so greatly suffered.

Yet, in that so great a Storm and Tempest of State would not so much injure Himself, his Dignity, and occasional or necessary emergent affairs of Government, as not to provide that they should not so much as speak, treat, or ordain any thing, circa emendationem ordinationis, seu pacis praedictae per quod Regnum Angliae, per alios quàm indigenas gubernetur, nec castrorum custodia, seu alia balliva Regno praedicto aliis quàm indi­genis fidelibus non suspectis committetur, (which with a clause next following, might also probably be inserted to please the Earl of Leicester, and to secure him from after or former ob­jections, that he was himself an Alien, or that such allegations might not be any hinderance to him or William de Valence to have the custody of any of the King's Castles, who had yet [Page 65] some Provinces in France, and was not without Subjects that (as to England) were Aliens, as the ensuing Commission, or Letters Patents in order thereunto, will demonstrate.

Rex Angliae, Pat. 48. [...]. 3. m. 4. dorso, S. de Monteforti Comes Leicestr', Gilbertus de Clare Comes Gloucestr' & Hereford', Johannes filius Johan­nis, Johannes de Burgo senior, Willielmus de Monte Canisio. Henricus de Hastings, Gilbertus de Gaunt, & caeteri Barones & Magnates Angliae, (no COMMONS) universis Christi fidelibus ad quos praesentes literae pervenerint, salutem in Domino; cum super praeteritis guerrarum discriminibus in Regno Angliae subortis, quaedam ordinatio seu forma pacis de nostro Praelatorum, & totius communitatis Regni praedicti, unanimi voluntate & assensu provi­da deliberatione inita fuerit, quam nuper Domino Regi Franciae fecimus praesentari, & quam Deo gratam, nobis & Regno nostro credimus opportunam, ac quidam ut intelleximus facti veritatem minus plene intelligentes, ordinationem ipsam seu pacis formam minus sufficientem asserentes, de quibusdam articulis in eddem in­sertis non fuerint contenti. Nos ad pacem & tranquilitatem Regni praedicti totis vi [...]us, sicut tenemur, laborare volentes ut justitia nostra & fac [...]ritas patefaceat & singulis plenius innotescat, plenam damus po [...]estatem venerabili Patri H. London' Episcopo, & Nobili viro Hugoni le Despencer Iustic' Angliae, & Nobili­bus viris Bartho' Com' Audeg praedicti Regis Franc' germano, & Abbati de Beccon, inspiciendi & examinandi formam ordinationis seu pacis praedictae addendi & detrahendi eidem, & emendandi, si quid addendum, detrahendum, seu corrigendum viderint, & provi­dendi omnem securitatem quam viderint opportunam, & ea omnia quae ordinanda seu statuenda duxerint, firmiter observandi Nos au­tem omnia & singula quae ipsi ad emendationem & observationem pacis ejusdem ordinaverint, rata habebimus, & accepta subjiciendo nos jurisdictioni & coertioni venerabilis Patris G. Sabin' Episcopi Apostolicae sedis Legati; ut ipse per sententiam excommunicationis, & omne genus censurae Ecclesiasticae, nos & omnes & fingulos com­pellere possit, si forte ordinationem praedictorum in aliquo praesumpseri­mus contrahere, & si praedictus Com' Audeg' praesens non fuerit, vel negotium istud in se assumere noluerit, volumus quod Dominus de Neele, vel Dominus Petrus de Camberleng', loco ejusdem Com' subrogetur; quod si praedicti quatuor in aliquo articulo pacis prae­dictae discordes fuerint, judicio majoris partis eorundem stetur, & si Pares in discordia fuerint, volumus ut venerabilis pater Archie­piscopus Rothomag' eis associetur, & quod à majori parte eorun­dem quinque concorditer fuerit ordinatum, firmiter ob [...]rvetur. No­lumus autem quod aliquid liceat eis dicere, ordinare, seu statuere circa emendationem ordinationis seu pacis praedictae, per quod Regnum [Page 72] Angliae, per alios quam per indigenas gubernetur, nec castrorum custodia, seu alia balliva in Regno praedicto aliis quam indigenis fide­libus non suspectis committetur: volumus etiam modis omnibus quod pax inter nos Regem Angliae & praefatum Com Leicestr' super per­sonalibus & specialibus Querelis, questionibus, & contentionibus quas contra eundem Comitem habemus, & ipse adversus nos, & de quibus posuimus nos in praedictum Regem Franc' fiat & assecuretur ante­quam pax seu ordinatio praedicta finaliter compleatur. In cujus rei testimonium huic scripto nos Rex Angliae, Com Leicestr' & Glou­cestr', Jo. Johannes, Willielmus, Henr' & Egidius, pro nobis & caeteris Baronibus, & communitate Regni Angliae, sigilla nostra apposuimus, Dat' apud Cantuar' die Jovis prox' post festum Nativ' beatae Virginis, an' Dom' 1263.

In assistance whereof, saith Pryn's 2 tome of the Histo­ry of King John, and Henry 3. Mr. Pryn, the King and the Barons having by common consent entred into Articles of a­greement under their hands, concerning the reformation of the Realm of England, and referred themselves therein to the de­termination of the King of France and the Pope's Legate, he did constitute three Procurators, to conclude and consent on his behalf to whatsoever should be therein agreed, with submission to the Legate's Ecclesiastical Censures and Excommunications, to compel him to the performance thereof, in these words fol­lowing, (viz.)

Pat. 48 H. 3. m. 13. juxtus. Rex Angliae, omnibus ad quos, &c. salutem, Noverint uni­versitas vestra, quod nos ordinamus & constituimus venerabiles Pa­tres W. Wygorn' & J. Winton' Episcopos, & Nobilem virum Petrum de Monteforti, Procuratores & Nuntios nostros solempnes, dantes eis potestatem tractandi in praesentiâ magnifici principis Domini L. Dei gratiâ Regis Franc' illustris, & venerabilis Patris G. Sa­bin' Episcopi Apostolicae Legati, vel alterius eorum, super reforma, tione status Regni Angliae, & quod in hâc parte provisum fverit acceptandi, & firmandi, seu etiam compromittendi super hoc in cer­tas personas si viderint expedire, ac omnem securitatem faciendi quam negotii qualitas requirit, & quam nobis seu Regno praedicto viderint optimum dantes in super praefato Petro potestatem jurandi in animam nostram, quòd nos quicquid ipsi tres in praemissis nomine nostro duxerint faciendum, ratum habebimus & acceptum, subjici­endo nos jurisdictioni & coertioni praedicti Legati, ut ipse per senten­tiam excemmunicationis, & omne genus censurae Ecclesiasticae nos compellere possit, ad observatlonem praemissorum. In cujus, &c. Dat' apud Cantuar' die Jovis praedicta, anno praedicto.

Wherein i [...]s to be observed, that that was but (upon the matter) a re-referrence to the King of France, the change being only in the assistant Councel, the most part whereof were [Page 67] French under his obeysance; and it was to be but as an emenda­tion, correction, or altering of some part, not all of the award, which was made before, which was not by this latter refer­rence found or declared to be void, or so much as contradicted, in any of the particulars of the provisions made at Oxford ad­judged against the Barons, or any thing to be defective or re­dundant; nor was there any addition, correction, or explica­cation mad therein: So as that meeting and re-referrence pro­ved to be only an essay for a pacification.

For that haughty Earl Montfort hated the King, and endea­vouring all he could his destruction, so thwarted all his acti­ons, and domineer'd over him, as the King told him openly, That he feared him more than any Thunder or Tempest in the world. Being not pleased with what had been proposed at that revisionary Treaty, for what concerned his own particular interest and satisfaction, would rather bleed and embroil the Nation, than acquiesce in those excellent Laws and Liberties which the King had granted in his Magna Charta and Charta de Foresta, (which, like two Jewels of inestimable price in her ears, did help to bless, secure and adorn our BRITANNIA, whilst She sate upon Her Promontory, viewing and guarding Her British-Seas) and did therefore draw and entice as many as he could to go along with his envy, malice, ambition, and de­signs.

With which Ordination, Sentence and Award of the King of Daniels hist. in the life of K. Henry III. France against the Barons, many were notwithstanding so well satisfied with the King, and so ill with Symon Montfort's proud and insolent demeanour, as they withdrew themselves from the rebellious part of the Barons; and although some for a while staggered in their Opinions and Loyalty, because (though the King of France condemned the provisions made at Oxford, yet) he allowed King John's Charter, whereby he left, as they pretended, the matter as he found it, for that these Provisions, as those Barons alledged, were grounded upon that Charter.

But a better consideration made many to dispence with their ill-taken Oaths, and return to their Loyalty; as, Henry Son of the Earl of Cornwall, Roger de Clifford, Roger de Ley­bourne, Hamo L'Estrange, and others.

And it is worthy a more than ordinary remarque, that that King of France and his Councel, upon view and hearing of so many Controversies and Tronsactions betwixt our King Henry III. and his rebellious Barons, could not be strangers to the former and latter attempts, ill-doings and designs of that Party [Page 68] of the English Baronage, did so little approve thereof, and of their Parliamentary Insolencies, and Oxford Provisions, as his Grand-child or Successor, Charles l'Oy­seau des ordres Romains, c. 2. 24 Philip le Bel King of France, who reigned in the time of our Edward I. did within less than forty years after, Pour oster (saith l'Oyseau, a very learned French Au­thor) de la suitte le Parlement (qui lors estoit le conseil ordinaire des Roys, voir leur faisoit Teste bien sauvent) & luy oster douce­ment la cognossance des affaires d'Estat, to the no great happiness, as it afterwards proved, of the French Nation) erigea un cour or­dinaire, & le rendit sedentaire a Paris dont encore il a retenu ce teste de son ancienne institution qu'il verifie & homologue les Edicts du Roy.

And now the doors of Janus Temple flew quite open; the Prince, with Lewellin Prince of Wales, Mortimer, and others, in­vade and enter upon the Lands of Gilbert de Clare Earl of Gloucester, and some of the opposite Nobility; and the Earl of Leicester was as busie on the other side, in seizing Gloucester and Worcester.

Whereupon the King doubting Montfort's approach to Lon­don, i Daniel 179. (being not yet ready for him) works so, as a mediation of Peace was assay'd, upon condition that all the Castles of the King should be delivered to the keeping of the Barons, the provisions of Oxford inviolably observed, all strangers by a certain time should avoid the Kingdom, except such as by a general consent should be held faithful and profitable for the same. Here, saith the Historian, was a little pause, which see­med but a breathing in order unto a greater rage; The Prince fortifies, victuals, and garrisons Windsor Castle.

And the King, to get time, summoned a Parliament at London, where he won many Lords to his party, and with them Richard Earl of Cornwal his Brother, King of Almaine, Henry his Son, William Valence, with the rest of his Brethren; marches to Oxford, whither divers Lords of Scotland repair unto him; as, Iohn Comyn, Iohn Baliol, Lords of Galloway, Robert Bruce and others, with many English Barons, Clifford, Percy, Basset, &c. from thence with all his Forces went to Northampton, took Prisoner young Symon Montfort, with fourteen other prin­cipal men; thence to Nottingham, spoiling the Possessions ap­pertaining to the Barons in those parts.

The Earl of Leicester draws towards London, to recover and make good that part of his greatest importance, and seeks to secure Kent and the Ports; which hastens the King to stop his proceedings, and to succour the Castle of Rochester which he besieged: whereby Success and Authority growing strong on [Page 69] the King's side, the Daniel 180. Earls of Leicester and Gloucester, in behalf of themselves and their Party, write unto the King, humbly protesting their Loyalty, alledge, that they opposed only a­gainst such as were enemies to Him annd the Kingdom, and had bely'd them; unto which the King returned answer, that Themselves were the perturbers of him and his State, enemies to his Person, and sought His and the Kingdoms destruction, and therefore defy'd them; the Prince and the Earl of Cornwal sending likewise their Letters of defyance unto them; who doubting the hazard of a Battel, send the Bishops of London and Worcester (their former encouragers) unto the King, with an offer of 30000 Marks for damage done in those Wars, so as the Provisions of Oxford might be observed.

Which not being condescended unto, or thought fit to be allowed, Montfort with his Partners seeing no other means but to put all to the hazard of a Battel, made himself more ready than was expected, placed on the side of an Hill near Lewis, where the Battel was to be fought, certain Ensigns without men, which seemed afar off to be Squadrons ready to second his men, (whom he caused all to wear White Crosses, both for their own notice, and signification of the candour and innocen­cy of his cause, which he desired to have believed to be only for Justice.) And, as Rebels, first assaulting their King unex­pectedly, began to charge his Forces, who were divided into three parts; The first whereof was commanded by Prince Edward the King's Son, William de Valence Earl of Pembroke, and John Warren Earl of Surrey and Sussex; the second by the King of Almaine, and his Son Henry; and the third by the King himself. The Forces of the Barons ranged in four parts; whereof the first was led by Henry de Montfort, and the Earl of Hereford; the second by Gilbert de Clare Earl of Gloucester and Hertford; Iohn Fitz-John, and William of Mount-Chency; the third by the Londoners, and Richard Segrave; and the fourth by Symon de Montfort Earl of Leicester himself, and Thomas de Pelvesion; Walsingham ypodigma Neustriae, 469, & 470. And both sides fighting with as great manhood as fury, the Prince and his Batalion, cum tanto impetu in hostes ir­ruil, so beat and routed those that stood against him, as he made them give back; many were slain and drowned, and the Lon­doners put to flight; whom the Prince over-charging, and pursuing by the space of four miles, and putting many of them to the Sword, was so out of sight, and far gone from the King's Army, as made them weaker than otherwise they would have been; Sir Richard Baker's Chro­nicle. but at his return, instead of a Victory, found about 5000 of his Fathers Army slain, the King of Almaine, [Page 70] Robert de Bruce, and John Comyn (who had brought many Scots to the King's aid) taken Prisoners, with twenty-five Barons and Bannerets on the King's party, and the King himself having his Horse killed under him, made a Prisoner, and shut up in the Priory; Ita reversus Edwardus gravi praelio excipitur; So as the Prince at his return was freshly set upon by the prevailing par­ty. The Earl Warren, William de Valence, and Guy de Lusignan, and Hugh Bigod, with forty armed Knights, fled to Pevensey; And the Prince, when he was returned to the Town of Lewis, sought his Father in the Castle; but not finding him there, went to the Priory, where he found him. In the mean time the con­quering Barons assault the Castle, which they that were within so stoutly defended, as the besiegers withdrew; which heartned the Prince, so as he, recollectis suis voluit iterum praeliari, recol­lecting his Forces, had a mind to try his and his Fathers fortune again, and fight it out, quo cognito miserunt Barones mediatones pa­cis; which the Barons understanding, sent unto him mediators to treat of a Peace, promising the next morning to do it with effect; at which time the Fryers, Minors and Mar. Paris 996. Prae­dicants passing and labouring betwixt both parties, the matters were adjourned until feria sexta some days after, when Prince Edward, and Henry the King of Almaine's Son, were given as Hostages for their Fathers the Kings of England and Almain, and sub spe pacis & quietis delivered to Earl Symon de Montfort, in the hopes of a peace and agreement, ita ut cum deliberatione tractaretur quae Provisionum & Statutorum essent pro utilitate Regni tenenda & quae delenda; so as they might at lei­sure, and with deliberation, treat and consider what Provisions and Statutes (probably those which had been made at Oxford, the Darlings of their designs) were for the good of the Kingdom to be kept, or what Laws were to be abrogated, such in all likelyhood as might clip the King's Regalities, and make them to be as much, if not more, King then Himself.) And that in the mean time the Prisoners on both sides should without any Ransom be set at liberty; Insomuch as the Sunday following all that had been taken on both sides were licensed to go to their own habitations; and the King, as the said Symon de Montfort had directed him, did write to those which were in the Castle of Tunbridge in Kent, to deliver it up to Earl Symon, which they did very unwillingly.

SECT. VII.

Of the evil actions and proceedings of Symon de Montfort and his rebellious partners, in the name of the King, whilst they kept Him and his Son Prince Edward, and divers of the Loy­al Nobility, Prisoners, from the 14 th. of May in the 48 th. year of his Reign, until His and Their delivery by the more fortu­nate Battel at Evesham the 4 th. day of August in the 49 th. year of his tormented Reign.

THe old Lyon thus taken and imprisoned, by the misfor­tune of his gallant Whelp's over-chasing and pursuing of a part of his enemies in the day and extremity of the Battel, his Rebels, when they had him, were at a stand what to do with him: They durst not let him loose, for that would but restore him to his strength and power, which his liberty might have regained: If they should have murdered him, that would have been so wide from a fix'd accomplishment of their wic­kedness, as, though it might have gained them a quiet, or for some time continued possession of a Kingdom, yet it was not at all likely to have been settled to them and their heirs, whilst there was so wise and valiant a Prince, and so many descen­dents of the Royal Line in remainder, which would have been always wrestling and contending for it, by the aid and assist­ance of a numerous, Loyal, and Potent Nobility, and the common people, who would be able easily to distinguish be­twixt right and wrong, would be more likely to love the for­mer, hate, and bend all their forces and ill wishes against the latter, and mock and take all opportunities of revenge in the redemption of an immured Sovereign, his Crown, Dignity and Lineage: And therefore it would better suit with their wicked­ly-begun enterprizes, and already-gotten advantages, to make use of crafts and policy, and render his own power the means the faster to ensnare and entangle him, by putting Him and his friends in hope of a peace, which they would not be very hasty in, until they had gotten his Castles and Strength into their hands, and drawn unto their party that part of his Subjects that had not intermeddled in the quarrels betwixt them, but like men amazed stood at a gaze, wondring at it, and might well distrust, and be jealous of their former pretences and promises, when the Prince, that had made himself a Pledge and Hostage for his Father, that he might have his liberty, found it was ne­ver intended but to keep him, with all his hopes and fortunes, as much a Prisoner as himself.

[Page 71] And by those and other arts and contrivances, with their rebellious Army not disbanded, but kept on foot to serve themselves and their Prisoners, carried the King about with them from place to place, to countenance, against his will, their evil designs and actions: the people (not of their party) not daring to come either unto Him or Them, without Letters of safe conduct, which in the King's name, whilst they play'd Rex with it and his Seal, they could grant and write what they pleased in the language of their own design, with which the Patent and Close Rolls of that year and the next, with their Dates and Teste, when they had him in their custody, are well stor'd; and in the mean time made it to be a great part of their care and business, to cause to be delivered up unto them, such Castles and places of strength, as either they feared, or had not in their Possession, as Windsor, Notingham, Bamburgh, Carlisle cum multis aliis, &c. Of which amongst many, one to to Drugo Barentyn, (who had then in Windsor-Castle, the custo­dy of Peter de Moutfort taken in Arms against the King) may serve for instance, viz.

Rex Drugoni de Barentyn Ro. Paten 48 H. 3. m. 22. Constabular: castri de Windsor salutem, quia specialia negotia vobis communicanda habemus, vobis mandamus in fide quâ nobis tenemini firmitèr injungentes, quatenus omnibus aliis praetermissis sitis ad nos London hoc instante die Mer­curii ad ultimum nobisnm locutum, & hoc nullatènus omittatis, nos enim praesentibus ad hoc vobis & his quos vobiscum ducetis salvum & securum conductum (as much as a Prisoner could aford) praebemus in cujus, &c. Teste Rege apud Sanctum Paulum Lon­don Sexto pie Junii.

Upon the twenty seveneth day of July, Anno 48 o. of his Reign, being at Ro. claus. 48 H. 3 in 4 in Dorso. St. Pauls in London; a Letter was written to the King of France, in these words, Regi Franciae Rex Angliae Salutem; serenitatis vestrae Literas per Willielmum Charles mili­tem nostrum nobis porrectas receperimus inter caetera contimentes quod vobis multum complaceret, qùod firmam & utilem pacem nobis & Regno nostro ad honorem Dei & nostri cum Baronibus nostris ha­beremus, & qùod aliquos de concilio vestro usque Bonon mittetis ad diem Veneris ante assumptionem beatae Mariae & quòd ipsis tunc in­tendentes sitis prope, celsitudini vestrae quantas possumus gratiarum referimus actiones, per hoc manifestè perpendentes quòd circà commo­dum & honorem nostrum, nec non tranquillitatem & pacem Regni nostri solliciti estis & intenti, nos autem die Jovis prox: post fe­strum Sancti Petri ad vincula erimus apud Dover, ita quòd nuntii nostri & Baronum nostrorum dicta die Veneris [...]ud Bonon Domino concedente ad tractand & faciend de dict [...] pace p [...] no­bis [Page 73] significâstis; & quia negotium istud tam coeteros Principes quam Nos tangit in ordinatione pacis praedict' ad honorem Dei nostri & Haered' no­strorum honori & indempnitati ac tranquillitati Regni nostri liberalitèr & benignè si placet providere velitis. Teste Rege apud Sanctum Paulum, London Vicesimo septimo die Julii.

Within three Ro. claus. 48. H. 3. in 4 Dorso. dayes after, being the Thirtyeth of Iuly in the same Year, a Letter was sent in the Name of that Captive King, to Simon de Montfort Earl of Leicester, and Gilbert de Clare Earl of Gloucester and Hertford, (who were the Chief of the Party, who had subdued, taken, and kept him Prisoner) in the Form following, viz. Rex dilectis & fidelibus suis Simoni de Monteforti Com' Leicestr', & Gilberto de Clare Com' Glocestr' & Hertford' Salutem. Cum nupertr anscriptum literarum Domini Regis Franciae quod vobis pridiè transmisimus manifestè perpendere possitis, quod si cum praesato Rege (a special friend of their own Party) & aliis de partibus transmarinis tractatum pacis habere debeamus, oportet quod solempnes Nuncii de Concilio nostro & vestro (as if they were Part­ner Kings) sint apud Bonon' die Veneris prox. post festum Sancti Petri ad vincula scilicet die Veneris ante Assumptionem Beatae Mariae in occursu Nunciorum praesati Regis, & quòd Nos ipso die vel die Jovis praecendenti simus apud Dover, sicut praefato Regi de concilio Magnatum qui sunt nobiscum litteratoriè significavimus, & vos propter brevitatem temporis & distantiam locorum personaliter vix adesse possitis tempe­stivè, vos rogamus, quatenus statu Regni nostri mandato praesati Regis Franciae, & periculis quae nobis & Regno nostro ex prorogatione dicti negotii poterunt imminere, diligenter pensatis visis literis provideritis de Nuntiis solempnibus & idoneis usque Bonon' mittendis ad d [...]em Veneris supradictum, & cum eis ad Nos mittatis dilectum & fidelem nostrum Petrum de Monteforti (the Earl of Leicester's near Kinsman, a most insolent domineering Adversary) cum formâ & potestate tractandi & firmandi pacem melius & salubrius fuerit faciend', mittatis etiam ad Nos aliquos ad eundum nobiscum usque Dover, & ad con­cilium impendendum, & responsum Nuntiis euntibus & redeuntibus no­biscum de concilio vestro faciendum, quousque personaliter veniatis; & quia praesens negotium summam et inestimabilem requirit Celeritatem, eò quòd tempus breve est ultra modum, vos ambo, si quomodo fieri possit, vel alter vestrum statim visis literis ad nos veniatis, et si Edwar­dus filius noster èt Henricus de Almaine nepos noster nobiscum essent apud Dover, certi sumus quòd celerem et satis bonam pacem habere­mus, et ideò si placet ipsos tanquam Obsides in statum quo nunc sunt, ib'. venire Fac. T. &c. XXX die Iulii.

Upon the 4 th. day of September, in the same year and time of the King's Imprisonment, all that he could do was upon his Petition, as the Record slovenly and undutifully intimateth, [Page 74] to get licence that Henry the Son of Richard King of Almaine, (who was kept as a Prisoner in Dover Castle, as a Pledge for his Father) might go into France, to treat with that King (their Old Confederate and Friend) for a Peace to be made 48 H. 3. m. 3. betwixt the King and his Barons, upon his Oath to do no prejudice to the disloyal Barons, and that he might abide there until the Nativity of the Blessed Virgin at Night, or within two or three days after, upon a new Licence of those Barons, and Bayl given by the Envoys or Embassador of the King of France resident in England, that he should not be detained in France; upon an undertaking also of the said Henry de Alemannia to forfeit all his Lands and Possessi­ons which he had or might have in England by Inheri­tance or otherwise, and to be utterly deprived thereof, and the several Bonds or Recognisances severally given of the Bishops of London, Lincolne, Worcester, Winchester, Chichester, Coventry and Lichfield, with the Bishop Elect of Bath, in 20000 Marks in Silver a piece that he should return and rende [...] him­self a Prisoner as aforesaid, as the Record thereof in the Words ensuing doth testifie.

Rex omnibus, &c. Cum dilectus et fidelis noster Henricus filius Regis Almannia Germanus noster Charissimus sub custodia dilecti et fidelis nostri Henrici de Monteforti Constabularis castri nostri Do­voriae, sub certâ formâ Obses constitutus suisset pro pace Regni nostri con­servanda et ad Petitionem nostram pro pace inter Nos et Barones nostros praelocuta tractanda pleniùs et finienda ad Dominum Regem Franc. Illustrem in partes proficisceretur transmarinas idem. Henricus Almannia obtenta ab eis quibus Obses datus fuerat super praedictis transfretandi licentia in praesentia nostra et venerabilium Patrum H. London. R. Lincoln. W. Wigorn'. J. Winton'. S. Cicest'. R. Covent'. et Lich'. W. Say'. Episc. et W. electi Bathon'. promisit bonâ fide et tactis sacrosanctis Evangeliis juravit quod cum omni studio et diligentiâ pacem praedictam procurabit, et nihil omninò faciat vel proponat verbo vel facto vel aliquo alio modo clàm vel palàm, quod possit esse contra pacem praedictam seu per quod pax ipsa impediri possit quoquomodo vel differri ubi praedicti Barones gravari, et quod sive pacem procurare possit, sive non quod omni occasione et di­latione postposita usque ad festum Nat'. beatae Virginis prox. futur'. tota die ipsa sibi data revertetur ad castrum Dovor'. et ibi ponet se in manibus praedicti Henr'. de Monteforti tanquam Obsidem eodem modo et sub eadem forma, sicut erat ante recessum suum, ità tamen quòd si pro negotii consummatione ultra terminum praedictum per duos aut tres dies ad pius moram ipsius longior necessaria fuerit pro tanti temporis morâ dummodo Baron'. infra tempus praedictum super hoc [Page 75] premuniverit, & post biduum & triduum redierit nullatenùs occasione­tur, Dominus verò de Nigol & Dominus P. le Chamberlens & Magister Henricus de Verdel' Nuntii praedicti Domini Regis Fran­ciae. Manu coeperunt, quod dictus Henricus de Almannia in regno Franciae quo minus termino predicto liberè reverti possit à quoque non detinebitur invitus; voluit autem Henricus de Almannia & con­cessit expressè, quòd si praedictae non observaverit, vel contrà ea vel eorum aliquod quoquomodo venire praesumpserit, hoc ipso terras suas omnes tenementa & possessiones, quae in regno nostro habet vel habere poterit, jure hereditario vel quovis alio modo, totaliter perdat, & eis­dem ipso facto perpetuò privatus existat, nullo jure Sibi aut Haeredi­bus suis in posterum competente: In eisdem ad haec praedicti Domini Episcopi & electus immo & Episcopus Bathon', pro praefato Henrico de Almannia manu coeperunt, quod infrà terminum praedictum rever­tetur, & in eodem statu se reponet, in quo erat tempore recessus sui nisi casu fortuitò & inevitabili fuerit praepeditus, & hoc promiserint sub poena viginti millium Marc' argenti singuli insolidum commitend' praefat' Henrico de Monteforti Custodi ejusdem Henr' de Alman­nia, & cum effectu ab eisdem Episcopis exigend', si infra praedictum tempus reversurus non fuerit & obsidem se reddiderit ut praedictum est. In cujus, &c. Teste Rege apud Cantuariam quarto die Septem­bris.

And in their Marching to and fro with their King a pri­soner, in a victorious, powerful, undisbanded and undisturbed Army, thought it would be convenient for their evil Purposes to attract, as much as they could, the good Will and Hopes of the Clergy, by an Embrio or Promise (made amongst them­selves the Sixth day of October in the Forty-eighth year of that over-power'd King's reign) of some Act or Order of Parlia­ment, when they should be at leisure to obtain it, in these words, viz.

Purveu est Ro. Pat. 48 H. 3. m. 2. dorso. per comun assentement du Roi & des Prelaz des Con­tes, & des Barons de la tere ke les trespas ke fait sont contre seinte Eglise en Engleterre par acheson de trublement & de la guerre ke adeste en Reaume de Engleterre soient amendez en ceste forme.

Soint esluz des Contes & des graunz gentz de la tere, par la volente & l'assentement des Prelaz trois Evesques ki des amendes resnables ke sont a foire pur les avantditz forfez ke ont este fait contre seinte Eglise, aient plein poeer de establir & de purver kanqe bone sera & renable chose ceusque escomenge seront trovez soient assous en forme de Droit par ceus qui Poeer averont.

La Poeer des Prelaz soit affirmee en ceste manere, promis soit en bone fai des Contes e de la Justice & des autres lais qui sont du Counseil le Roi e autres graunz Barons du Reaume, ke totes les choses ke les Pre­laz [Page 76] ke eleus seront purverunt renablement en nun des amendes garderont pur soi e metteront peine e bone fei de fere garder des autres & de ce [...]ndoign [...]nt [...]or lettres overtes Derechef as Prelaz, puis kil seront esluz, soit done pleine poeer du Roi e de la Communaute des Contes & des Barons & de graunz honmes de la tere, a purver les choses kee besoignables sont e profitables a plein Reformement dec Estat de seint Eglise al Honur deu a la Foi nostre Seinur le Roi e au profit du Reaume, & cco soit premis en bone soi par le Roi & par les Contes & les avantdiz Barons, & par les autres graunz hommes de la tere, si en facent lec' lettres overtes, cest assaver des choses ke unt este faites pus la Pasch' dereine dont un an ce est assaver le an nostre Seignor le Roi.

Si nul soit trove, ke ne voile ester al ordenement e la purveiaunce des avandiz Prelaz en les choses avont dites, e selom les formes avant dites, sont destreint par sentence de seinte Eglise: E si mester est soient destreint per la Laie force, E que ceste chose se puisse meuz faire eit la justice cent ou plus Chevalers ou Seriaunz Soudeers eluz a destreindre les meffesours, quant il serra requis par les avanditz Prelaz Citens Soudeers de bens Communs de seinte hglise soient sustenuz taunt com il sont en cele besoine. E cest ordenement durge sovans a un an ou a deus Dekes les choses soient ben en pes, e les purveaunces de Prelaz & la pes de la tere bien meintenue.

Purveu est, ke les bens des Benefites de seinte Eglise des aliens e des autres ke ont est contre la tere soient celui e sauvement garde par les mains des Prelaz deserves a taunt ke soit purveu par comun Con­seil ke leu devera faire. E a fermete en tesmoinaunce de ceo le Roi & les hauz Homes de la tere ont mis lur seus a cest escrit, Teste Rege apud Cantuar' Sexto die Octobris.

The 30 th. day of that October Ro. claus. 49. H. 3. m. 12. dorso. Anno. 49. of his sorrowful Raign which began October 19. Annoque Domini. 1216. they caused a Letter to be written in his name to the King of France for a safe Conduct for the King's Envoyes with the Messengers of the Barons to treat of a Peace with him, and the Pope's Legats, concerning the State of the Kingdom, as followeth,

Egregio Principi Domino, & Consanguineo suo karissimo Domino Lud. Dei gratiâ Regi Franciae, Rex &c. Cùm nuper quosdam de fidelibus Nostris ad praesentiam vestram & ad venerabilem Patrem G. Sabin' Episcopum Apostolicae sedis Legatum, nec non ad alios amicos nostros in partibus illis ad tractandum de Reformatione & Pace status Regni nostri destinavimus, quibus eundo illata fuerunt enormia Dampna, de quibus anxiati (with some indiscernable grief) fuistis ut intellexerimus, propter quod alii periculis huiusmodi se committere minus ausi sunt, Serenitatem vestram recipimus affecti­one quâ possumus ampliori, quatenùs Nuntiis nostris & Baronum [Page 77] nostrorum ad praesentiam vestram & ad Legatum supradictum, nec non ad alios amieos nostros partium illarum in brevi destinand' pro nego [...]is antedictis Salvum & Securum Conductum vestrum in eundo, ibidem morando, & inde recedendo, concedere velitis Literas vestras inde patentes per latorem praes [...]ntium Nobis si placet transmittentes, & ad ipsos tutiùs conducendos aliquos de fidelibus v stris usque Witsand. in Octabis instantis sancti Martini obviam nostro amore sibi mitta­tis. Teste Rege apud Westminster tricesimo die Octobris Anno Regni nostri quadragesimo nono.

The 3 d. day of December, in the Year aforesaid, they be­ing in want of Money to maintain and keep their Army to­gether, Ro. claus. 49. H. 3. m. 12. in dorso. carry on their Designes and their Royal Prisoner, caused a Writ to be sent to the Bishop of Norwich for some Supply, Sub hac formâ.

Rex Norwicensi Episcopo Salutem; Cùm per Praelatos & Mag­nates Regni Nostri provisum esset unanimitèr & conc [...]ss [...]m, quòd Decimae proventuum omnium beneficiorum in Regno Nostro darentur ad communem utilitatem eiusdem Regni & Ecclesiae Anglicanae, & quòd huiusmodi Decimae per locorum Episcopos levarentur, & ad Nos mitterentur, & tunc vobis mandaverimus, quòd juxta Provisionem praedictam in vestra Diocesi de beneficiis Ecclesiasticis huiusmodi De­cimas levari & ad Nos mitti faceretis indilatè convertendas in com­munem Utilitatem Regni Nostri & Ecclesiae praedictae, quod huc usque facere distulistis, de quo miramur quàm plurimum & movemur, vobis iteratò mandamus firmiter injungentes quatenus huiusmodi Deci­mas sine omni dilatione levari, & eas usque London modis omnibus transmitti faciatis liberand' venerabilibus Patribus H. London, & W. Wygorne Episcopis, quibus injunximus, quòd eas recipiant & salvo custodiant, donec aliud inde preceperimus, ità quòd cas habeant in vigilia Epiphaniae Domini proxime futuri ad ultimum, & hoc sicut vos & honorem vestrum diligitis nullo modo omittatis, scituri, quòd nisi feceritis mandavimus Vicecomiti nostro Norff. & Suff. quòd us­que ad septingentas Marcas (A Mandate which the Bishops of Lon­don and Worcester would not have been content with, if the King had been at liberty, and had not been as then he was a Prisoner to their Rebellious Party) in partem Solutionis praedictae de Bonis & catallis vestris in Comitatibus praedictis sine dilatione levari & ad Nos mitti faciat sine merâ per Rad' de Camois, Egidium de Argen' Londini & Wigorniae Episcopos. Teste Rege apud Oxon 3 o. die Decembris.

The 14 th. day of that December next following, having car­ried him in their victorious Army to Worcester, they caused a Writ to be made in his Name and under his Seal, directed to the Bishop of Durham, in these words, viz.

[Page 78] Elsings An­tient and Pre­sent manner of holding Parliaments in England. 7 and 9. & Ro. claus. 49. H. 3. in dors in Schedul x Mat. Paris 995. 996. and 255. Henricus Dei gratiâ Rex Angliae & Dominus Hiberniae & Dux Aquitaniae venerabili in Christo Patri R. eadem gratiâ Episcopo Dunelmensi salutem; Cùm post gravia turbationum & discriminum dudùm habita Regno, Charissimus filius Edwardus primogenitus noster, pro pace in Regno Nostro assecuranda & firmanda, Obses traditus exstitisset, & jam sedatâ (benedictus sit Deus) turbatione × praedictâ super deliberatione ejusdem salubritèr providendâ & plenâ securitate & tranquillitate pacis ad honorem Dei & utilitatem totius Regni Nostri firmandâ & totalitèr complendâ, ac super quibusdam aliis Regni Nostri negotiis, quae sine concilio vestro & aliorum Praelatorum & Magna­tum nostrorum nolumus expediri cum iisdem Tractatum habere Nos opor­tet, vobis rogantes in fide & dilectione quibus Nobis tenemini, quòd omni excusatione postposita & negotiis aliis praetermissis sitis ad Nos London in Octabis sancti Hillarii proximi futuri Nobiscum & cum praedictis Praelatis & Magnatibus nostris quos ibidem vocari fecimus super praemissis tractaturi & concilium impensuri, & hoc sicut Nos & Honorem nostrum & vestrum, nec non & communem Regni Nostri Tranquillitatem diligitis nullatenùs omittatis. Teste Meipso 14. De­cembr' Anno Regni Nostri 49 o.

In formâ praedictâ subscribitur Episcopis, Abbatibus, Prioribus sub­scriptis, &c.

In formâ praedictâ mandatum est Comitibus nostris & aliis subscrip­tis. Dat. apud Woodstock 24 o. die Decembris praedicti, viz.

Comiti Leicester, Comiti Glouc. Comiti Norff. & Marescallo Angliae, Comiti Oxon, Comiti Derby, Rogero de Sancto Johan­nis, Hugo de Spencer Justiciar' Angliae, Nicholao de Segrave, Johanni de Vescy, Roberto Basset, G. de Lucie & Gilbert de Gaunt, which were notoriously known to be of their Party and like Inclinations, in number 25 or 23, a Blank yet remain­ing upon the Record for the names of those more Loyal that were not of their Conspiracy, which were very many, the Writ it self to Simon Montfort Earl of Leicester and his Consorts in that ungodly Enterprise being not to be found at all en­tred.

And of the same date sent out Writs, in the Kings Name and under his Seal, directed to all the Sheriffs of the Realm, wherein signifying the Kingdom to be then in peace and quiet, and the King's desire to establish the same to the honour of God and benefit to his People, to send to the Parliament, which was to be holden at London in the Octaves of Saint Hillary then next Dugdales Ori­genes juridici­ales tit. Parlia­ment. 1 [...]. ensuing, two Knights Elected for each County, and of the Cityes and Boroughs two Citizens or Burgesses, to treat with the King, Praelates, and Barons, and give their Coun­sel.

[Page 79] Which Writs of Summons (in the framing whereof their VVits could not be at leisure to think of an Election of Burges­ses or Procurators for the two Universities of Oxford and Cam­bridge, as if those Seminaries of Learning had been incapacita­ted and merited a procul ite prophani) made in and by the Name of a captive King, whilst he was a Prisoner of War, not taken by Surprise or Ambuscado, but Fighting in a Battle against a mighty Army of Rebels, that should have been his Subjects, had it seems no other effect, than an Attempt to summon their contrived new-fashioned Parliament; for that by a general Disturbance (none of the many Boroughs in Cornwal being then likely to come, for that the Earl of Cornwal was on the King's Party and a Prisoner) and Commotion of the Kingdom in their Minds and Estates, Discontents of the vanquisht Nobility, Absence and feared Insurrections of that and a great part of the Baro­nage and People that were not in the Battle on either side, and the Decov cunningly inserted in their Writs of Summons to a kind of Parliament of their own framing, that Pax Reformata fuit betwixt him and the Barons, Benedictus sit Deus, enticed many, that either Fear or Flattery perswaded to be on the Stron­ger and Prevailing Side, to make their Peace with them; and either to Joyn with them, or stand aloof off, and enjoy as well as they could, their large Possessions and Estates, which in those times could draw many Tenants and Followers after them.

And being Jealous of the Affections, Power, and Strength of John Balioll, and Peter de Brus, with certain other Lords of Scotland, Robert de Nevil, and some of the Northern English Barons, a Writ in the King's Name was also the 24 th day of that December, sent unto them to come to London, (but without any certain Day, or mention that they were there to Treat cum Praelatis, Comitibus, or cum coeteris Magnatibus de arduis negotiis Regni, and not mixt with other Affairs, as the former or after Form of Summons to Parliament, or those great Councils, were accustomed to be) with a more than ordinary safe Conduct for their Persons, and Security in the interim for their Lands and Estates in the form following, viz.

Rex Johanni de Bailol Ro. Pat. 49 H. 3. m. 26., Petro de Brus, Roberto de Nevil, Eu­stachio de Bailol, Steph. de Menill, Gilberto Haunsard, Rad' filio Ranulphi Ad' de Gensenr', Roberto de Stotevil de Atton' & sociis suis partium borealium Salutem; Cùm Karissimus filius Edwardus pri­mogenitus noster pro Pace in Regno nostro assecurandâ Obses deputatus extitisset, & jam sedatâ (benedictus Deus) turbatione praedictâ super li­beratione ejusdem salubritèr providendâ & plena securitate tranquillitatis [Page 80] & pacis ad honorem Dei & utilitatem totius Regni Nostri firmandâ fina­litèr & complenda, per quod vobiscum volumus habere tractatum super praemissis & aliis negotiis Nostris arduissimis, & pluries vobis mandaveri­mus quòd ad Nos veniretis, Nobiscum super specialibus negotiis Nostris colloquium habituri, quod hucusque facere distulistis, de quo miramur & quàm plurimùm movemur; vobis iteratò mandamus firmitèr injungentes, quòd omnibus negotiis praetermissis ad Nos London sine omni dilatione veniatis Nobiscum super praemissis locuturi, & hoc sicut Nos & Honorem Nostrum & vestrum diligitis, nullo modo omittatis; & ut securius ad Nos venire possitis mittemus dilectum & fidelem nostrum Johannem de Burgo seniorem ad conducendum vos salvo & securè, sicut in Literis nostris patentibus quas idem Johannes super hoc habet plenius contin [...]tur; mandavimus etiam dilectis & fidelibus nostris Johanni de Vescy, Hen­rico de Hastinges, Joh' de Eynill, Adi de Novo Mercato & aliis fidelibus nostris cum eis in partibus illis existentibus, quòd à gravaminibus, molestiis, dampnis, seu injuriis vobis aut hominibus vest is si ad Nes veneritis inferendis penitùs desistant. In cujus, &c. Teste Rege apud Wodest' vicesimo quarto die Decembris.

And the 26 th day Ro. Claus. 49 H 3. m. 11. dorso. of that December, Symon Montfort and his Confederates, wanting the Council and Assistance of the Bishop of Norwich; and not knowing what to do either with the Old Lyon or the Young, directed a Writ unto him in the King's name in these words, viz.

Rex Episcopo Norwicen', Cùm post gravia turbationum discrimina dudum habita in Regno nostro karissimus filius Edwardus Primògenitus Noster pro Pace in Regno Nostro assecuranda & firmanda Obses traditus extitisset, & jam sedatâ (benedictus Deus) turbatione praedictâ super deliberatione ejusdem salubritèr providenda & plena securitate tranquilli­tatis & pacis ad honorem Dei & utilitatem totius Regni Nostri firmanda & totalitèr complenda, ac super quibusdam aliis Regni Nostri negotiis quae sine consilio vestro & aliorum fidelium & Magnatum nostrorum nolu­mus expediri cum eisdem tractatum habere Nos oporteat, vobis mandamus rogantes in fide & dilectione quibus Nobis tenemint, quòd omni occasione postpositâ & negotiis aliis praetermissis sitis ad nos London in Octabis Sancti Hillarii proximè futuris, Nobiscum & cum praedictis fidelibus & Magnatibus nostris quos ib [...]dem vocari fecimus super praemissis tractaturi & concilium vestrum impensuri, & hoc sicut nos & honorem nostrum & vestrum nec non ad communem Regni Nostri tranquillitatem diligitis nul­latenùs omittatis. Teste Rege apud Wod' vicesimo sexto die Decem­bris.

And believing it to Pryn's Brev. Parliamenta­ria Rediviva 242. conduce much unto their naughty pur­poses to have the Cinque-Ports, who were by their Tenures ob­liged to furnish out yearly a certain number of Ships for the safeguard of the Kingdom and Seas appertaining thereunto, to be [Page 81] so much at their Devotion and Command, as to hinder any Ayd which might come from any of the King's subjects and dominions in France, for the Rescue of the King and Prince out of their Imprisonment and Captivity, from which they ne­ver intended to Release them, until they had Despoiled him of all, or the greatest part of his Regalities: The Writ following was the 20 th day of the then next following Month of January, directed unto the Barons and Bailiffs of the Cinque-Ports to do that which they never did before, as followeth, &c.

Rex Baronibus & Ballivis portus sui de Sandwico salutem. Cum Praelati & Nobiles Regni Nostri tàm pro negotio Liberationis Edwardi Primogeniti Nostri quàm prò aliis Communitatem Regni Nostri tangen­tibus ad instans Parliamentum nostrum quod erit London in Octabis Sancti Hillarii convocari fecimus, ubi vestrâ sicut & aliorum fidelium nostrorum praesentiâ plurimùm indigemus, vobis mandamus in side & dilectione quibus Nobis tenemini firmitèr injungentes, quòd omnibus aliis praetermissis mittatis ad Nos ibidem quatuor de legalioribus & discretiori­bus Portus vestri, & quòd sint ibidem in Octabis praedictis Nobiscum & cum Praelatis & Magnatibus Regni Nostri tractaturi & super prae­missis concilium impensuri, & hoc sicut honorem nostrum & vestrum & communem utilitatem Regni Nostri diligitis nullatenùs omittatis: Teste Rege apud Westm' Vicesimo die Januarii.

Similiter mandatum est singulis Portubus; being within the very Octavies of St. Hillary.

The First day of February, in the year and time of the King's Imprisonment as aforesaid, some discords and disturbances con­tinuing in the University of Cambridge amongst the Students and Schollars, which was begun three years before; and some En­deavours used to remove that University, or constitute and set up another at Northampton; a Writ was as followeth, sent in the Name of the King, to the Mayor and Citizens of Northampton to prohibit it, viz.

Rex Majori & Ro. claus. 49 H. 3. m. 10. Dorso. Civibus suis Northampton' salutem; Cùm occasione cujusdam magnae Contentionis in villa Cantabr' triennio jam elapso sub­ortae nonnulli Clericorum tunc ibidem studentium unanimiter ab ipsâ villa recessissent se usque ad villam vestrum praedictani Northamp' transferentes & ibidem studiis inherendo novam construere Universitatem cupientes, Nos illo tempore credentes Villam illam ex hoc posse meliorari, & Nobis utilitatem non modicam inde provenire votis dictorum Clericorum ad eorum requisitionem annuebamus in hac parte, nunc autem ex relatu multorum fide dignorum veracitèr intellexerimus, quòd ex hujusmodi Uni­versitate si permaneret ibidem municipium nostrum Oxoniae quod ab an­tiquo creatum est & à Progenitoribus Nostris Regibus Angliae confirma­tum, ac ad commoditatem Studentium communitèr approbatum Speeds Hist. of Engl. in the life of H. 3. 638 non me­diocritèr [Page 82] lederetur quod nulla ratione vellemus (the rather probably, for that Symon Montfort and his Partners had but a little before ta­sted of the seduced Friendship of that University, when many of its Students, under a Banner of their own, came to the Seige of Northampton, and Fought stoutly for them against their King) maximè cum universis Episcopis terrae nostrae ad honorem Dei & utilitatem Ecclesiae Anglicanae & proficui Studentium videatur ex­pedire, quòd Universitas amoveatur à Villa praedicta, sicut per Literas suas patentes accepimus, vobis de consilio Magnatum nostrorum firmitèr inhlbemus, nè in villâ vestrâ de coetero aliquam Universitatem esse nec aliquos Studentes ibidem manere permittatis alitèr quàm antè Creationem dictae Universitatis fieri consuevit. Teste Rege apud Westm' primo die Febr'.

The 8 th day of that February, Urianus de Sancto Petro, and o­thers of the County of Chester, submitting themselves ad pacem of the King, (as they were willing to have that Rebellion called) they did in the King's Name give order for a Restitution of his Lands, and a Protection for the future in these Words, viz.

Rex Rogero de Lovetot Ro Claus. 49 H 3. m. 10. dorso. salutem; Cùm Urianus de Sancto Petro, sicut & alii de Comitatu Cestriae ad Pacem Nostram venerit, per quod de consilio Magnatum nostrorum, qui sunt de Consilio Nostro, ipsum & omnes terras & tenementa sua in protectionem & defensionem Nostram suscepimus, & jam de Consilio Nostro praedicto sit provisum, quòd omnes terrae & tenementa ipsius Uriani occasione turbationis in Regno Nostro uuper habitae per quoscunque occupata sibi restituantur, ac vos terras & tenementa praedicti Uriani in Comitatu Hunted'. occupaveritis & ea detineatis occupata occasione turbationis praedictae ut accepimus, vobis de Consilio nostro praedicto mandamus in fide & homagio quibus Nobis te­nemini firmitèr injungentes, quòd omnes terras & tenementa praedicta per vos & vestros sic occupata sine dilatione restituatis eidem, & hoc nullatenùs omittatis. Teste Rege apud Westmonasterium 8 o die Fe­bruarii.

The Fifteenth day of the same Month and Year reciting, That the King had caused two of the discreetest Knights of every County of England, to be at his Parliament (as the Barons that kept him Prisoner were desirous to Style it) ad tractandum with the King and his Council, de liberatione Edwardi filii No­stri, &c. And being informed, that two Knights for the County of York had tarried long, (not much above three weeks) been at great Expences, and paid great Loans and Taxes towards the defence of the Kingdom, and Maritime parts against the Invasion of Alien Enemies (the men that they so called, being only the King's French subjects) they did in the King's Name [Page 83] command, That the said two Knights of that County, de consilio, by the Advice and Ayd of four Knights of the said County, should Leavy the said Knights expences in their coming to that so called Parliament, tarrying and return, which was either but a few dayes before ended, if it did either sit or do any thing at all in such a time of publick and general Distraction, with a proviso, and under a condition, that the Commonalty should not be Ultrà modum oppressed thereby, in words en­suing.

Rex Vicecomiti Ro claus. 49 H. 3. m. 10. dorso. Eborum salutem. Cùm nuper vocari secerimus duos de discretioribus Militibus singulorum Comitatuum nostrorum Angliae quòd essent ad Nos in Parliamento nostro apud London, in Octabis Sancti Hillarii proximò praeteritis ad tractandum Nobiscum & cùm Consilio Nostro super deliberatione Edwardi filii nostri karissimi & securitate inde faciendâ, nec non & aliis arduis Regni Nostri negotiis ac iidem Milites moram diuturniorem quàm credebant traxerint ibidem, propter quod non modicas fecerint expensas, cùmque Communitates dicto­rum Comitatuum varias hoc anno fecerint praestationes ad defensionem Regni Nostri & maximè partium maritimarum contrà hostilem adventum Alienigenarum, per quod aliquantulum se minimum sentiunt gravatas, tibi praecipimus, quod duobus Militibus qui pro Communitate dicti Comitatûs praefato Parliamento interfuerunt de consilio quatuor legalium Militum ejusdem Comitatus rationabiles expensas suas in veniendo ad dictum Par­liamentum ibidem morando & inde ad partes suas redeundo provideri, & eas de eadem communitate levari facias: Provisò quòd ipsa Com­munitas occasione praestationis istius ultrà modum non gravetur. T. R. apud Westm' 15 o die Februarii.

Which may warrant a Belief, that either no other came, or that new-invented kind of Parliament did not at all Sit, there being upon diligent search of all the Records of that greatly­troubled Year, none other to be found of that nature. Where­in, though no care was taken of other Countyes, or of any the very many Burgesses of that County, or of any other Coun­ty intended to have been sent to that newly and first-of-all de­vised kind, or manner of an English great Council or Parlia­ment, it appears to have been the first and only Writ for Par­liament-men or Members of the House of Commons in Par­liament, that had or did bear any Resemblance with that allow­ance of Wages to any Members of Parliament in the House of Commons (howsoever much different) after a long interval of Time, used for Wages allowed for Parliament-Members of the House of Commons, King Henry the Third having never after his Release from that Imprisonment allowed any.

The 16 th day of the same Month of February, in the Year [Page 84] aforesaid Gilbert de Clare Earl of Gloucester and Hertford, absent­ing himself from the Army upon some Discontent in a Dis­like of the said Earl of Leicester's actions and courses, a Writ was sent unto him in the King's Name as followeth.

Rex Gilberto Anno 49 H. 3. m. 23. Ro. claus. de Clare Comiti Gloucestr' & Hertford' salu­tem. Cùm hac instante die Jovis in Crastino Cinerum super liberati­one Edwardi Primogeniti Nostri finalem habere velimus tractatum, vobis mandamus in fide homag. & dilectione quibus Nobis tenemini fir­mitèr injungentes, Quòd omnibus aliis praetermissis sitis ad Nos die Jovis prae­dictâ Nobiscum super hoc tractaturi & consilium vestrum impensuri, ne retardatio liberationis ipsius vobis per moram & absentiam vestram ad diem illum meritò possit vel debeat imputari, quòd nullatenùs velle deberetis, & hoc sicut Nos & Honorem nostrum & vestrum ac tran­quillitatem Regni Nostri noc non praedicti filii Nostri Liberationem dili­gitis, nullo modo omittatis. Teste Rege apud Westmonasterium decimo sexto die Februarii.

The 25 th. day Ro. claus. 49. H. 3. m. 9. of that February a Memorandum was entred in the form following, viz. Die Mercurii. prox. post festum S •i Petri ad Cathedram recepit Dominus. Rex sigillum suum à Magistro Johanne de Chishull Archidiacono London, & illud commisit Thomae de Cantilup sicut continetur in Rotulo patentium hujus anni. Teste Rege apud Westm' 25. die Februarii.

The 3 d of March next following Roger de Mortuomari for a small time pretending to submit ad pacem Domini Regis, as they that had disturbed it would have it to be believed, had Writs to the Subjects of Herefordshire and Shropshire not to molest him, or his Tenants, viz.

Rex Vicecom' Heref. Ro. claus. 49. H. 3. m. 9. salutem, Cùm Rogerus de Mortuomari nuper ad pacem nostram venerit, & propter hoc hominibus suis in guer­ra in Regno Nostro super mota secum existentibus gratiam sacere velimus, tibi praecipimus quòd omnes homines praedictos quos pro eo quòd in guerrâ praedictâ cum ipso fuerunt capi vel attachiari fecisti sine di­latione deliberari fac: Nec ipsos de caetero ob causam praedictam occasi­onari fae, nisi ipsos pro aliquo delicto ante Guerram vel post Guer­ram praedictam seu pacem Nostram proclamatam ab eisdem commisso ccperis vel attachiari feceris, pro quo secundum consuetudinem Regni Nostri deliberari non debeant. Teste Rege apud Westm' tertio die Martii. Eodem modo mandatum est Vicecomiti Salop. pro hominibus ejusdem Rogeri. Per Regem & consilium.

Robert de Ferrers Earl of Darbie, a man of great Power and Revenue, not keeping pace with their designes, but falling roughly upon some of his Tenants that adhered unto them, Ada de Tybetot complaining, had by the King concilio Baronum [Page 85] the Mannor of Thorpe in Leicestershire restored unto her, for that it was never the Intention of the Barons, as they said, that any Women, especially Widows, not being guilty, should suffer in that Warr, by a Writ sent unto Nicholas de Hastings who held the Lands of the said Earl of Darby upon seizure and sequestration, sub hac forma of the date aforesaid, viz.

Rex Nicho. de Hastings Custodi terrarum Roberti de Farrar Com. Derb. salutem. Monstravit nobis Ada de Tibetot gravitèr con­querendo, quòd praefat' Com. occasione Turbationis habitae in regno Nostro Manerium praedictae Adae de Thorp. cum suis pertinentiis in Com. Leic. occupavit & sibi detinuit ad ejus grave dampnum & jactu­ram manifestam; quod quidem Manerium unà cum aliis terris prae­fat' Com. nunc est in manu Nostra, ut dicitur, quia verò Nostrae nunquam extitit intentionis aut Baronum nostrorum, quòd aliquae Mu­lieres, & praecipuè Viduae, dampnum aliquod vel jacturam incurrere de­berent occasione Turbationis praedictae, nisi illae quae turbationis illius Participes extiterint, vobis de Concilio Baronum praedictorum manda­mus, quòd inquisita super hoc plenius veritate si praefatam Viduam de Manerio suo praedicto per eundem Com. ejectam inveneritis, ut prae­dictum est, & si ipsa de praedicta turbatione in nullo culpabilis extite­rit, tunc eidem Viduae de eodem Manerio cum suis pertinentiis Sesinam suam rehabere fac. Teste Rege apud Westm' 3. die Martii per Iustic. P. de Monteforti, R. de S ti Johanne, & Adam de Novo Mer­cato.

The 5 th. day of that March the like Writ was sent to the said Nicholas Hastings, to restore the Princess Elianor Wise to the Prince the Mannor of Ashford in the Peake, which being as­signed to her, the said Earl had entred upon, for that it was never the King's and the Barons intentions, that Women not guilty should suffer by these Wars in which they had not of­fended, in the form following.

Rex Nicho' de Ro. claus. 49 H. 3. m. 8. Hastings Custodi suo terrarum Roberti de Fer­rar Comitis Derb. Salutem. Cùm Edwardus filius noster karissimus du­dum ante turbationem habitam in Regno Nostro Manerium suum de Arkeford in Pecco cum pertinentiis Elianor' Consorti suae ad came­ram suam assignaverit, quod quidem manerium praefatus Comes occasione turbationis praedictae nuper occupavit, ac Nostrae nunquam extitit In­tentionis vel Baronum nostrorum, quòd Mulieres quae participes non extiterint praedictae turbationis dampnum vel jacturam aliquam debeant incurrere; cùmque praedicta Elianora in nullo culpabilis sit de tur­batione praedicta, vobis de Consilio praedictorum Baronum mandamus, quòd eidem Elianorae de Manerio praedicto quod unà cum praedictis ter­ris praefati Comitis nunc est in manu Nostra, ut dicitur, Seisinam suam rehabere fac. Teste Rege apud Westmonasterium quinto die Martii. Per Consilium.

[Page 86] The 16 th day of that March Mandates were sent by the King to Roger de Shurland, Guncelin de Badylmer, Simon de Crey, & quibusdam aliis, to come to him upon Palm-Sunday, where­soever he should then be in England, viz.

Mandatum est Rogero de Shirland, in fide & dilectione quibus Regi tenetur firmitèr injungendo, quòd modis omnibus sine omni di­latione veniat ad Regem, it à quòd sit ad R. die Lunae prox. ante instantem diem dominicam Palmar' ad ultimum ubicunque tunc Rex fuerit in Anglia cum Rege locutur', & hoc nullo modo omitt. Teste Rege apud Westmon' 16. Martii.

Eodem modo mandatum est Gunselmo de Badilmer, Simoni de Crey, & quibusdam aliis.

Roger de Mortuo Mari and other Lords of the Marches of Wales, being by the King at his being at Worcester de Consi­lio Baronum qui sunt de consilio Regis, ordered to go into Ireland at Christmas next following, according to the Instructions giv­en by the King, and his Barons, which time was afterwards Prorogued until Mid-Lent, and from thence until Eight dayes after Easter, the King commanded them all business laid aside to be at Chester, ready to go thither as the Writt ensueing re­quired, viz.

Rex Regero de Mortuomari Salutem. Ro. clans. 49 H. 3. m. 7. Cum nobis nuper existen' apud Wigorn' de Concilio Baronum qui sunt de Concilio Nostro pre­fixerimus vobis & aliis Commarchionibus vestris vicesimum diem post Festum natale Domini Annoque &c. 49. ad transfretand' in Hi­bernia in forma per Nos & Barones Nostros & vos provisa ibidem & ob certas causas terminum illum postmodum prorogaverimus de gratia nostra speciali usque ad mediam quadragesimam proximo sequentem & similiter terminum dictae mediae quadragesim' prorogavimus usque ad Octabis Paschae prox' futur', ità tamen quòd tunc parati sitis pro­ficisci ad partes Hiberniae informa supradicta, Nos hijs quae honorem & commodum vestrum contingunt prospicere cupientes in hâc parte vobis mandamus firmitèr in jungentes, quòd omnibus negotiis praetermis­sis modis omnibus sitis apud Cestr' in Octabis praedictis parati profi­cisci ad partes Hiberniae in forma supradicta, & hoc sicut honorem vestrum diligitis nullo modo omittatis. Teste R. apud Westm' 190. die Martii.

Per totum Concilium.

John the eldest Son of the Duke of Britain, having Marri­ed the Kings Daughter, and sent his Ambassadours unto him upon some Propositions made unto the King, an Answer was returned thereunto, That as the King intended to shew unto him all Affection and Favour, that could be expected from him, [Page 87] in which Resolution terrae suae Magnates were willing to be con­senting, so as he would manifest himself Faithful in its de­fence cum Magnatibus praedictis, which will require his presence which was much desired with a safe Conduct, or otherwise that he would send his Procurators, sufficiently instructed to that end, as the Writ declared.

Rex. Ro. claus. 49. H. 3. m. 8. J. Primogenito Duci Britan' salutem. Auditis & pleniùs in­tellectis hijs quae Nuntij vestri nuper cum Literis vestris de Credentia ad praesentiam Nostram destinati ex parte vestra proponere volue­runt coram Nobis supere isdem cum Magnatibus terrae Nostrae delibera­tum concilium & tractatum habuimus diligentem, porrò in hoc Nostra resedit deliberatio, ut Nos qui promissa Nostra seu conventiones vo­biscum habitas irritas facere non intendimus, non solum in hiis quae ju­ris vestri sunt vestra cum affectu exaudiamus desideria, sed & ultra cùm facultas se optulerit etiam de proprio gratiam vobis facere debeatis specialem ad quae per filiae Nostrae copulam af­finitas dudum inter Nos contracta, nec non & vestra merita Pro­bitatis specialitèr Nos inducunt in quo etiam affectionis Nostrae propo­sito praedictos terrae Nostrae Magnates Nobiscum consentientes invenimus & concordes; dum tamen Regni Nostri fidelem vos exhibere & ad ejusdem defensionem cum Magnatibus Nostris praedictis manum viri­litèr extendere volueritis adjutricem, sicut praedicti Nuntii vestri vo­bis plenius referre poterunt unâ voce quod negotium consummandum si­mul & roborandum, vestram prout citius hoc commode facere poteritis, desideramus praesentiam, Nostras de securo Conductu vobis Literas trans­mittentes, quòd si quo minus personalitèr hoc facere possitis, quod nol­lemus casu aliquo fueritis impediti tales & tàm sufficientèr instructos loco vestro Procuratores transmittatis, qui in omnibus quae negotium re­quirit, eandem quam si ibi praesentes essetis à vobis habeant potesta­tem. T. R. apud Westm' 27 die Martii.

Per Regem & totum Concilium.

Idem J. habet Literas de Conductu prout patet in rotulo Patentium sub eadem Data.

Henry de Boreham (a Judge) being Excommunicated by the Bishop of London, the King by the Writ following com­manded him not to intermeddle in any business, untill he should be absolved.

Rex Henrico de Boreham Salutem. Ro. claus. 49 H. 3. m. 5. Quia Nobis esset vere­cundum et vobis minimè tutum, si alicui ministerio quod ad regiam Dignitatem vel Regimen regni Nostri pertineat immisceritis ad praesens, cum ad denuntiationem venerabilis Patris H. London Episc. intellex­erimus, quòd meritis vestris exigentibus sententia, Excommunicationis estis innoditi, vòbis mandamus, quòd ad prudentiùs quod poteritis vos [Page 88] ab hujusmodi ministeriis substrahatis, donec beneficium Absolutions obtinue­ritis. T. R. apud Gloucest. 20 Die Aprilis.

Per Justic. et al' de Consilio apud Gloucest.

The Castle of Bamburgh, with other Castles, being as Pledges for Prince Edwards true Imprisonment, put into the custody of Gilbert de Clare Earl of Gloucester and Hertford and Robert de Neville, and the said Earl having promised to de­liver up the said Castle, and to cause the said Robert de Ne­ville to appear in the Kings Court, and answer his not doing it, and the Earl being afterwards commanded to deliver up the said Castle, returned answer, That he could not do it, for that he was in Wales, defending his own Lands and E­state, against his Enemies; the King notwithstanding com­manded him to come unto him, and render the Castle, or give order to some that might do it, as the Writ bearing date the 6 th day of April, in the year aforesaid, directed.

Rex dilecto & fideli suo Gilberto de Clare Comiti Gloucest. & Hertford Salutem, Ro. claus. 49 H. 3. m. 6. Cùm vos & Robertus de Nevill eui Cas­trum Nostrum de Bamburgh dudum commissimus, quod Edwardo primogenito Nostro unà cum quibusdam aliis Castris Nostris jam com­misimus tradenda in Ostagium, tàm pro ipso quàm pro Pace in regno nostro tenenda, prout in forma inter Nos & Praefatum Filium nos­trum & Barones praedictos provisa & concessa pleniùs continetur, in praesentiâ Nostrâ & Magnatum nostrorum qui sunt de Consilio Nostro bona fide super omnia quae in Regno Nostro tenetis permiseritis reddere nobis castrum praedictum, & habere praefatum Robertum coram No­bis ad standum recto in Curiâ Nostrâ sicut vos ipsi plenius nostis, per quod vobis nuper mandavimus, quod omnibus negotiis praetermissis ali­quem de vestris plenam potestatem habentem reddendi Nobis Castrum praedictum ad Nos indilatè mitteretis, & jam Nobis rescrip­seritis, quod hoc facere nequivistis propter Moram vestram in partibus Walliae ad defensionem terrarum vestrar', contra Wallen' inimicos vestros Nos excusationem illam minus sufficientem reputantes, max­imè cum aliquem de vestris qui ad arma non intendit ad Nos misisse potuissetis, qui nomine vestro & praesati Roberti plenam haberet po­testatem reddendi Nobis Castrum praedictum, vobis iteratò mandamus, in fide & dilectione quibus Nobis tenemini firmitèr injungentes, quòd vos ipsi in propria persona vestra ad Nos sine omni dilatione ac­cedatis, Castrum praedictum nobis reddituri, vel talem loco vestro mit­tatis plenam habeat potestatem reddendi Nobis Castrum praedictum in forma supradicta, & hoc sub poena praedicta mullatenùs omittatis. Teste Rege apud Westm' 60 die Aprilis, per Com. Leic. Justic. P. de Monteforti, R. de S ti Johanne, & alios de Consilio.

[Page 89] The first day of May in the Year aforesaid, the said Henry de Borham not abstaining from the Office and business of a Judge, whilst he continued under the sentence of Excommu­nication aforesaid, the King commanded him not to intermed­dle therein, until he should be absolved, as the Writ follow­ing signified.

Rex Henrico de Borham salutem. Ro. Claus. 49 H 3. m. 5. Quia per Assertionem vene­rabilis Patris H. London Episc. intelleximus, quòd meritis vestris exigentibus Excommunicationis sententia estis innodati, per qued ab om­nibus arctius vitari debetis, nolumus quòd Placitis Nos sequentibus aut aliis quibuscunque placitis Nostris intendatis, nec quod de aliquo quod ad Justic. pertinet vos intromittatis, donec beneficium Absolutio­nis merueritis, & aliud à Nobis receperitis in mandatis. Teste Rege apud Gloucester primo die Maii. per R. Com. Leic. Justic. & omnes de Consilio tunc aqud Gloucester existentes.

The 5 th day of that May a Memorandum was entred upon the close Rolls of the Chancery in these words, viz.

Die Jovis prox. post festum S ti Johannis ante portam Latinam hora prima Magister Thomas de Cantilup Cancellarius Regis tradi­derit Rand' de Sandwic. custod' de Garder. Regis sigillum Do­mini Regis in praesentia ipsius Domini Regis assistentibus Hug. Le Despencer Justic. Angliae & Petro de Monteforti custodiend' us­que ad reditum ipsius Thomae sub hac formâ, viz. Quod idem Rad' sigill. in Garder' Regis custodiat sub signo alicujus infrascript' P. de Monteforti, Rogero de S to Johanne & Egidii de Argentin vel alicujus eorum. Et quòd Signo signantis fracto signabit idem Rand' brevia illa quae sunt de cursu in ipsius praesentia, si abesse volue­rit, ea tamen quae sunt de praecepto non nisi in praesentia Signantis si­gillabit, & de ejus assensu & brevibus tàm de cursu quàm de prae­cepto sigillum Regis sub sigillo suo & eodem sigillo Regis subsignato idem Rand' tunc reportet in Garder' praedict. & sic illud usque ad reditum ejusdem Thomae custodiet in Garder' Regis, & ista facta fuerit apud Gloucester 5 o die Maii.

The Prince having the Command of the Judaisme or Bank of the usuring Jewes, as also the Mannor, Town, and Castle of Stamford assigned unto him, and being about the 30 th day of May in the Year aforesaid escaped out of the Castle of Here­ford, where he had been long a Prisoner, the King continu­ing a Prisoner to his Rebel-Barons, to save his own life did command the Treasurer and Chamberlaines of the Exchequer, that taking with them Thomas Cantelup his Chancellour, they should col­lect for his use the Tallage (or Tax) lately laid upon the Ju­daisme, and to remove Adam de Winton and Thomas de Cropp two of their Justices, and put into that Office William Haselbeck [Page 90] and command the said Justice not to obey the Prince his Son, and prohibit all the Jewes in England to do the like, for that the Prince his Son, Spreto concilio of the King and his faithful Barons, subitò & inopinatò had joyned himself to the Rebellious Party to disturb the Peace of the Kingdom.

Rex Thesau. & Camerariis Ro. Pat. 49 Hi 3. m. 4. suis salutem. Quia Edwardus Filius Noster cum Judaismum vestrum sicut nostis ad tempus commisimus, Nostro prorsus & Magnatum & fidelium Nostrorum spreto Consilio Subito & ex inopinato jam recessit ad quosdam Rebelles Nostros se transferendo, qui Nos gravare & pacem Regni Nostri perturbare proponunt, dictum Judaismum cepimus in manum Nostram, & ideò vobis mandamus, quòd assumpto vobiscum Magistro Thom' de Can­tilupo Cancellario Nostro, si adhuc London existit, Talliagium nuper assessum super Judaismum praedict: per Thomam de Ippe­grave ad hoc assignatum per praedictum Filium Nostrum videri & illud ad opus Nostrum colligi & salvo custodiri fac. donec aliud inde praecipimus, Adam vero de Winton socium Roberti de Cropp' ab Officio suo amoveatis, & loco suo Will' de Hasel­bech substituatis, ità quod iidem Will'. & Robertus Officio Justi­ciariae Jud' à modo intendant donec alitèr inde duxerimus ordinandi & eisdem Justic. firmitèr injungatis ex parte Nostra, nè praefato Filio Nostro vel suis in aliquo intendant, & quod ab omnibus Ju­daeis Angl. hoc idem scire faciant, & hoc non omittatis. Teste Rege apud Herefordiam tricesimo die Maii.

And the same day, having been enforced to stile his Loyal Barons Rebels, sent his Writs to the Sheriffs of Herefordshire, Shropshire, and Staffordshire to proclaim, that no Faires and Markets should be kept within their Liberties, and Bayle­wicks, untill he should give further Order, and that all Victu­als to be sold should be brought to Hereford, or wheresoever the King should be, in these words.

Rex Vicecom' Hereford salutem. Ro. Pat. H. [...]. 49. m. 4. Praecipimus tibi firmitèr in­jungentes, quòd per totam Ballivam tuam firmitèr inhibere fac. ex par­te Nostra, nè aliquae Feriae vel Mercata de caetero teneantur in Balliva praedicta, donec aliud inde mandavimus, sed ubiquè proclamari fae. ex parte Nostra, quòd omnia Victualia venalia ad Nos usque Hereford veniant, & exindè Nos sequantur. & talitèr te habeas in hoc man­dato Nostro exequendo, quòd diligentiam tuam meritò commendare pos­simus. T. ut supra. Eodem modo mandatum est Vic. Salop. & Staff.

And directed another Writ for the seizing of the Town and Castle of Stamford which was the Princess's as followeth, viz.

Rex Thomae de Blund Custodi terrarum Thomae de Ferrar' sa­lutem, Ro. Pat. 49 H. 3. m. 4. Quia Edwardus filius Noster cui villam de Stamford unà [Page 91] cum Castro ejusdem villae nuper comm [...]s [...]us [...] [...]d [...]Nostrum, sicut nostis, Nostro prorsus & M [...] [...]Nostror' spreto consilio Subito & inopinato jam [...]Rebelles Nostros se transferendo, qui Nos gravare & [...]Nostri perturbare propo [...], v [...]bis Mandamus [...] [...], quòd Villam praedictam sine dilatione capiatis in ma [...] [...]& cam salvo custodiatis, ità quòd de exitibus inde prove [...] No [...]is respondeatis. Teste, ut supra.

The King being inforced to make [...] in his name ( [...] and Clam' as it were) an Hue and Cry against his own [...]on upon his fortunate Escape, sent the same day notice unt [...] John de Eynill, a Judge and a man much adhering to the Ba­rons and trusted by them, of the Prince's Escape from his Imprisonment at Hereford, and believing that he would apply himself to John de Warren, William de Valence and others disaffected in Pembrokeshire and the Marches of Wales (as in the Language of some in those Rebellious times they were then phrased) and thence to go beyond the Seas unless preven­ted, commanded him in fide & homagio, and under the For­feiture of all that he had, that cum equis & armis, & toto posse suo sub omni festinatione, he should come to Him at Worcester to march against his Enemies.

Et eodem modo commanded all that held of him in Capite, as well Earls, Barons, Knights, as Bishops, Abbots, and Priors, those only excepted which were of the Earl of Gloucester's Party, in manner following, viz.

Rex Johanni de Eynill salutem. Cùm Nos & quidam Mag­nates & Fideles Nostri in partibus Hereford Ro. claus. 49 H. 3. circá tranquilli [...]atem & pacem Partium illarum jampridèm agentes pro viribus laboravi­mus, prout status part [...]on earundem requirit, sperantes Edwardum filium Nostrum ad hoc Adductorem praecipuum & serventiorem prae caeteris invenisse, Idem Edwardus die Jovis in Ebdomade Pente­costes circà horam vespertinam à militum Comitiva quos secum adspaciandos extra Hereford duxerat, cum duobus Militibus & qua­tuor Scutiferis propositi sui consciis Spreto concilio Nostro & Magnatum & fidelium Nostrorum praedictorum Subito & ex inopinato recessit, volens nt pro certo credimus se ad Johannem de Warrennia & Willielmum de Valencia & Complices suos qui nuper absque conscientiâ Nostrâ & voluntate, & contra pacem Nos­tram applicuerunt in partibus Pembrochiae, ac etiam ad quosdam Marchiones Rebelles Nostros & pacis Nostrae Perturbatores trans­ferre, ut exinde partes ad [...]at transmarinas vel alios illue mittat, qui adventum Alienigenarum in regnum Nostrum per partes Pembro­chiae, cùm alibi non pateat eis aditus, ad Nostram & Regni Nostri [Page 92] confusionem procurent; & quia praefati Rebelles Nostri, licet adhuc pauci existant, per hoc potestatem & vires suas augere possent, nisi [...]orum insolentia antèquam ulterius invaleseat citiùs reprimatur, Nos de vestrâ & aliorum fidelium Nostrorum fidelitate & constantia spe­cialitèr confidentes, vobis Manda [...]us in fide, homagio, & dilectione quibus Nobis estis astricti, & sub periculo amissionis omnia quae in Regno Nostro tenetis, ac sub debito Sacramenti quo omnes & singuli de Regno Nostro sunt ad hoc specialiter obligati, & quod volumus & firmitèr observari injungentes, quatenùs statim visis Literis istis [...]mnibus aliis praetermissis, cum equis & armis & toto servitio vestro Nobis debito, nec non & toto posse vestro sub omni festinatione de die & nocte usque Wygorniam veniatis, parati exinde in manu for­ti ire Nobiscum super inimicos Nostros praedictos, & hoc sicut Exhaere­dationem Nostram & vestram & perpetuam Regni Nostri Confusio­nem vitare volueritis, & vitam propriam diligitis, nullo modo omitta­tis, nec de summonitione exercitûs brevitatem temporis allegetis, quia urgentissima necessitas tempus non patitur ulterius prorogari, nè inter mo­ras per adventum Alienigenarum quos iidem Rebelles Nostri expectant, eorundem vires in Nostri & Regni Nostri perniciem augeri contin­gat, qui adhuc dum pacisci existunt de facili Nobis poterunt subju­gari. Teste Rege apud Hereford tricesimo die Maii.

Eodem modo scribitur omnibus Tenentibus de Rege in Capite tàm videlicet Episcopis, Abbatibus, Prioribus, quàm Comitibus, Ba­ronibus, Militibus, & omnibus aliis, exceptis illis qui sunt pro parte Comitis Gloucestriae.

Robert de Ferrers Earl of Darby, having threatned to burn and spoyl the Lands and Estate of the Abby of Bildwas, and made the Abbot to pay him a Fine of 100 Marks for the Redemption thereof, a W [...]it was sent to Thomas le Blund, who had in Sequestration the Lands of the said Earl of Der­by, that he should out of the Issues and Profits thereof pay unto the said Abbot and Covent the aforesaid 100 Marks in these words, viz.

Rex Thomae le Blund Custodi terrarum Roberti de Ferrar' Co­mitis Derby salutem. Ro. Pat. 49 H. 3. m. 4. Cùm tempore turbationis nuper habitae in Reg­no Nostro praefatus Comes minatus fuerit Abbati & Conventui de Bil­dewas de incendio domorum & depraedatione bonorum suorum, per quod idem Abbas & Conventus metu ducti finem fecerunt per centum Marcas cum Comite predicto, quas eidem solverunt, ut accepimus; Nos corum paupertati pio compatientes affectu, & eis gratiam facere vo­lentes in hac parte vobis mandamus, quod de exitibus terrarum & te­nementorum praedictorum eisdem Abbati & Conventui centum Marcas habere facias, in recompensationem centum Marcarum praedictarum, & hoc nullatenùs omittatis, T. R. apud Hereford 1 [...] dic Junii.

[Page 93] The same first day of June, the King being carried along with the Rebel-Army Captive to Hereford, and having com­manded all that held of him in Capite to attend him there cum equis & armis, issued out his Writ or Proclamation to Gilbert de Preston, and the rest of the Justices of the Court of his Bench, to Surcease all Pleas and Proceedings, to the end that none be damnifyed in any Actions at the present depen­ding before them, Super Brevia, and that all things may re­main as they were before, untill the King should give fur­ther Order, as the Writ or Proclamation imported.

Rex Gilberto de Preston' Ro. claus. [...]0 H. 3. m. [...] & sociis suis Justiciariis suis de Banco salutem, t Quia pro arduis & urgentissimis Nostris & Regni Nostri negotiis jam vocari fecimus omnes qui de Nobis tenent in Capi­te, quòd cum equis & armis, cum servitio suo Nobis debito, nec non & toto posse suo quod perquirere poterunt ad Nos omnibus aliis praeter­missis in partibus ubi nunc agimus festinantèr accedant, factu [...]i quod eisdem duxerimus injungendum, propter quod ipsi persecutioni vel de­fensioni Loquelarum suarum quae sunt coram vobis per Brevia Nostra ad praesens intendere non possunt, Volumus quòd omnia Placita de Banco remaneant in eodem statu in quo nunc sunt, donec aliud inde praecepi­mus; & ideò vobis Mandamus quòd hoc publicè proclamari faciatis. Teste Rege apud Hereford 1 o die Junii per ipsum Regem, Justici­arium, & alios de Consilio.

Teste Rege apud Heref. 1 o die Junii.

The fourth day of that June in the year aforesaid, a Writ or Commission was in the imprisoned Kings Name sent un­to the Mayor, Bayliffs, and Citizens of Bristol, mentioning, That the Prince his Son, contemning the Councell of him and his Barons, had joyned with his Rebels (for so they would style his more faithful Subjects) and endeavoured to go be­yond Seas to bring in Forreigners, and to make out Warrants and Precepts in the Name of the King, pretending it to be well pleasing unto him, quod absit, (say that distressed Kings Com­manders and Tutors against his will) and make him break his Oath and Peace made for the good of the Kingdom, and to withdraw his Subjects from their Obedience, commanded them to Obey his well beloved and faithful Simon de Montfort Earl of Leicester and John la War' Subconstable of the Castle of Bristol, or their Substitutes, cum equis & armis & toto posse suo, as they tendred his Good and their own Estates, and in no manner of way to yield any Obedience to the Prince his Son contrary to his command; and for that he had been given to understand, that some ill-minded People have falsely suggest­ed, [Page 94] that he hath not been made privy to what hath been done in his Name required them to send 10. or 12. of their di [...]r [...]t [...]st and most honest Citizens to him to be better in­formed of his Will and Pleasure therein, and that in the mean time strongly guarding the said Town and Castle, they do not suffer his said Son or any on his behalf to enter therein, as the Writ hereunto Subjoyned dated at Hereford will declare, viz.

Rex delectis & sidelibus suis, Maiori, Ballivis & probis Ho­minibus [...] suis Bristoll. salutem. Cùm Edwardus filius Noster Nostro & Magnatum Nostrorum spreto Consilio se ad quosdam Mar­chiones ac etiam alios inimicos & Rebelles Nostros trans [...]derit, ut sic partes adeat transmarinas, vel alios illuc mittat qui Alienigenas in Regnum Nostrum ad Nostram & ejusdem Regni Confusionem intro­ducant, nisi ipsius temeraria Praesumptio citius reprimatur; ac idem Edwardus nomine Nostro diversa facit Mandata fingendo [...]a No­bis complacere, quod absit quòd hujusmodi Mandata contra Sacra­mentum Nostrum & suum, & pacem in Regno Nostro co [...]iter [...]uratam existant, ut sic corda vestra & aliorum fidelium Nostrorum à fidelitate Nobis debitâ avertant, Nos de vestrae fidelitatis constan­tià quam ergà Nos [...]actenùs inde [...]essè gessistis plenam gerentes fiduciam vobis Mandamus in fide & dilectione quibus tenemini rogantes & fir­miter injungentes, quatenus dilecto & fideli Nostro Simoni de Mon­teforti Comiti Leycestriae & Johanni la War' Subconstabulario suo Castr [...] praedicti vel Ballivis suis ibidem tam equis & armis & toto posse vestro in omnibus quae ad custodiam Castri praedicti pertinent aux­iliantes sitis & consulentes, ità quòd fidelitatem etiam commendare de­beamus, & hoc sicut honorem Nostrum & vos & corpora vestra & omnia quae tenetis in regno Nostro diligitis nullo modo omittatis, Mandatis praesati Filii Nostri in nullo obtemperantes contra mandatum Nostrum praedictum; & quia intelleximus quòd aemuli quidam Nostri vobis falsa suggerunt, quòd hujusmodi mandata Nostra â Nostrà conscientiâ non emanant placeret Nobis, quòd decem vel duodecim de probioribus & discretioribus hominibus Villae Vestrae ad Nos accede­rent Voluntatem Nostram super hoc pleniùs audituri, nihilominùs etiam circa custodiam Villae vestrae praedictae tàm virlit [...]r & stre [...]è vos ha­beatis prout alias vobis mandatum, quòd nec praesatus Filius Noster nec aliqui ex parte sua Villam praedictam ingrediantur, seu aliquatenùs in Villâ praedict' receptenter, T. R. apud Hereford quarto die Ju­nii.

The King being at Hereford the 12 th day of that June in the year aforesaid, complaining that his Son adhered (as Symon Montfort and his Partners constrained him to say) to his Rebells, and did publish themselves to be zealously wil­ling [Page 95] to keep the Peace and Agreement which had been made by the Consent of him and the whole Commonalty of the Kingdom, (which if not comprehended in the Nobility, which certainly they believed, was then a great Untruth neither pos­sible or probable) and in regard that the Bishop of London was a Witness to the said Agreement, and best acquainted with his actions therein, which might manifest who hath been most desirous of a Peace, commanded him and all the rest of the Prelates without delay to come to advise with him at Glouc. The like Writ being sent unto the Bishops of Winchester, Ely, Chester, Salisbury, Coventry, and Lichfield, Bath and Wells with this addition, viz. And because under a colour of Truth they did all that they could to draw unto them the hearts of the People, and that by the Testimony of the King himself, and of them and the rest of the Praelates, al­though the truth will appear, that it was not the King but those Rebells (for so in dread of his own and of his Son's Murder and Death he was necessitated to call them) that caus­ed those Troubles and Discords, concerning which they were to make all hast, as the Writs themselves Sub hâc formâ did im­port.

Rex Episcopo London salutem. Quot & quantos labores Nos & vos & alii Praelati ac etiam Magnates Nostri pro pace Regni fir­manda, Ro. claus. 49. H. 3. m. 3. & liberatione Edwardi filii Nostri sustinuerimus, benè nostis, per cujus siquidem liberationem tumultuosis credamus pacem dedisse ne­gotiis quae jam majori strepitu recidivant, idem enim Edwardus Nostro & fidelium Nostrorum spreto consilio, sicut vobis & Praelatis prae­dictis jampridèm significavimus, quibus Rebellibus Nostris jam adhaeret qui se Regii Honoris nec non Tranquilitatis & Pacis totius Regni praecipuos dicunt esse Zelatores, & Ordinationes nuper London (which have been yet invisible) de Nostro, & dicti filii Nostri ac totius Communitatis Regni Nostri Assensu unanimi confectas concorditèr & approbatas in omnibus ut asserunt observare volentes, [...] Voce prae­dicant, & aliud Opere manifestant; & quia de Nostro Proposito & Voluntate, & etiam de Actibus ipsorum circà praemissa vobis qui Or­dinationum praedictarum conscii estis & testes esse debetis, ac etiam praecipui Pacis Amatores veritatem patere volumus, evidentèr vobis Mandamus sub debito Fidelitatis quibus Nobis estis astricti firmitèr injungentes, quatenùs omni dilatione & excusatione postpositis ad Nos sub omni festinatione usque Gloucestriam accedatis, super praemissis (which shews that supposed Parliament had no long continu­ance) Consilium vestrum impensuri; & hoc sicut honorem Nostrum & vestrum diligitis & indempnitati totius Regni prospicere volueritis nullo modo omittatis, Nos enim hoc idem caeteris Praelatis duxerimus injun­gendum. T. R. apud Heref. 12. die Junii.

[Page 96] Eodem modo mandatum est Episcopis Lincoln, Winton, Cestr', Elyen', Sarum, Coventry & Litchfield, Bathon', & Wellen' cum adjectione subscripta, & quia tantam eorundem Malitiam sub fictae veritatis colore per diversas partes praedicari faciunt, ad com [...]ovenda corda populorum vestrum s [...]o cordis affectu peroptamus adventum, ut nostro, vestro, & aliorum Praelatorum medianti Testimonio ve­ritas praevalere possit, & evidenter pateat non Nos sed praefatos Re­belles nostros subortis jam dissentionibus clàm praefecisse; ut igitur ad honorem Dei nostram & vestram & communem Regni Utilitatem ve­stro mediante Consilio quo uti intendimus, possint ipsa negotia proce­dere, gressus vestros in quantum poteritis versus Nos maturetis, nè per moras dictas dissentiones augeri contingat, ut sic exitium conse­quantur duriorem.

But whilst that great Rebell Montfort, Brother-in-law to his King and one of the God-Fathers to the Prince his Son, ta­king himself to be too great to be a Subject, and not being able to contain himself within the limits of Gratitude and Allegiance, or to resist the Intreagues of the King of France, a long before dangerous and profest Enemy to his KING and Soveraign, and altogether unwilling to lose the Opportu­nity of a Factious and discontented part of the English Baronage, driving his Charriot, furiously like Jehu, though not with so good an Authority, impowered as he thought, to make e­very one come behind him, and believing himself to be in so firme a league with his Fortune and Security, and assisted by Lewelline Prince of Wales, who had confederated with him to raise a Disturbance upon the Lands and Estates of Morti­mer, Clifford, the Earl of Gloucester, and other Barons Marchers, so as they might not be in a condition to Aid or Relieve the King; and he needed not dread any danger of losing the Prey which he had gained, but might make what use he would of his haughty and domineering Spirit, give Laws to his As­sisting Partners, and not be obliged to keep his Agreement with Gilbert de Clare Earl of Gloucester and Hertford, about the Dividend of the spoil or share of the Regal Power, became Taxed for doing more for his own Particular than the Publick Good, usurping the Redemption of Prisoners at his pleasure, and to prolong the business did not to use the means of a Par­liament to end it; his Sons also, and Peter de Montfort his Kins­man (presuming upon his Success and Greatness) growing In­solent, which made the Earl of Gloucester to desert him and his Party; and the more Loyal Barons not well pleased to have their King led about Captive; and those who had so deeply engaged with Montfort, Dugdales Ba­ronage in Tit. Petri de Mont­fort, 407, 408. 409. & Clif­ford 337. for the Provisions extorted from the [Page 97] King at Oxford, could not well digest so great an Affront put upon him and themselves, and to have the King and Kingdom Mat Westmin­ster. 1263 governed at the Discretion of Twenty-four Conser­vators, after reduced to a much lesser number, into which e­very one could not be admitted, calmely considering the great Confusions, Envies and Ambitions, which would happen by so (like to be so) dangerous and unquiet an Innovation, were content and propounded, That those Ordinances or Provisi­ons should be made void, and the King restored to his for­mer Rights and Condition; but Peter de Montfort a Principal Rebel as well as a near Kinsman of Symon de Montfort's with four others opposed it, and was made Governour of He­reford not long before the Prince's escape from his Imprison­ment there.

Which was principally contrived by the means of Roger de Mortimer, who seeing His Soveraign in so great a distress, and nothing but Ruine and Misery attending himself and all other the King's Loyal Subjects, could take no rest until he had by his Intelligence and Correspondency held with Gilbert de Clare Earl of Gloucester, William de Valence Earl of Pembroke, newly returned into England, the Lord Clifford, and other the Loyal Barons Dugdale's Baronage. tit. Mortimer 142. Monastic. An­glic. vol. 2. 223. an 40. 50. 60. & 223. b. m. S. Oxon' in bibl. Bod. med. 20. 120. b. Marchers, wrought some way for the Delive­rance of the Prince, in order to that of the King.

Which was in this manner effected; A swift Horse was sent, as a Present to the Prince then Prisoner in the Castle of Hereford, whither the Army had afterwards brought the King in no better a condition, with intimation that he should ob­tain leave to ride out for a Tryal, or for Recreation, into a place called Widmersh, and that upon sight of a Person moun­ted upon a White Horse at the foot of Culington Hill, and wav­ing his Bonnet (which was, as it was said, the Lord of Croft, an Ibidem. 223. n. 10. Ancestor of the now Bishop of Hereford of that Sir-name and Ancient Family) he should hast towards him with all possible speed; which being so accordingly done, as he (though all the Country thereabouts were thither called to prevent his Escape) setting spurs to that Horse out-rid them all, and being come to the Park of Culington was met by Roger de Mortimer with five hundred armed men, who turning upon the many Pursuers, chased them back with a great slaughter to the Gates of Hereford; Hen. Knigh­ton, de Even [...]ib [...]s Angliae. but by Henry Knighton and others it is related, that Roger de Mortimer having sent the Prince a swift Horse for that purpose, which he obtaining leave of Pe­ter de Montfort to try, if he were of use for the great Saddle, first wearied out other Horses, and then got on the swift Horse (a [Page 98] Boy with two Swords whom the said Roger de Mortimer had sent being near with another Horse) and turning himself to Robert de Ross then his Keeper, and to others By-Standers said, I have been in your Custody for a time, but now I bid you fare­wel, and so rode away; the said Roger de Mortimer with his banner displayed receiving him at a little Hill called Dinmore conveyed him safe to his Castle at Wigmore.

Which did put Montfort and his Fellow-Rebels into such a Consternation and Care of themselves and the Custody of their Royal Prisoner, as besides their many Cautions to watch his motions, and stop the Princes passage into the parts beyond the Seas, a Writ was sent to the Sheriff of Herefordshire in the King's Name, commanding the most of the Gentry of that County (amongst whom Hugo de Croft Ro. claus. 4 [...] H. 3. in dorso. was mentioned) to come Cum equis & armis & toto posse suo ad desensionem villae de Hereford, and to the King wheresoever he should be, under the pain of Forfeiture of all that they had, and for ever to be disherited.

SECT. VIII.

Of the Actions of the Prince after his Escape, his Success at the Bat­tle of Evesham, Release of the King his Father and Restoring him to his Rights.

PRince Edward being thus at liberty, did by the help of Mortimer, Du [...]es Ba­ronage Tit. Simon de Mont­fort Earl of Lei­cester. 757. Clare Earl of Gloucester, the Earl Warren, Wil­liam de Valence Earl of Pembroke, the Lord Clifford, and other the Lords Marchers, soon raise a powerful Army, mul­titudes of the Counties of Hereford, Worcester, Salop and Chester coming to his aid, took the Castle and City of Worcester, had the Castle of Monmouth delivered unto him, which he demo­lished; surprized the Town of Kenilworth in Warwickshire, whi­ther young Simon de Montfort had brought up many of the Northern Barons of that Party to the number of 20 Ban­ners, took no less than Thirteen of the chief of them, young Simon and others escaping into the Castle.

In the mean time the said Symon Earl of Leicester, carry­ing the King along with him as his Prisoner, upon Lammas day being the first day of August, receiving intelligence that the Prince was at Worcester, and not knowing that Kenilworth was taken, marched towards Evesham about break of the day, on purpose to meet with those Barons, which his Son had [Page 99] brought out of the North, of which the Prince being adver­tised, advanced speedily after him, and got betwixt him and Kenilworth, Mortimer and the Earl of Gloucester so disposing the Forces which they commanded, as that he was almost invi­roned.

Seeing himself therefore in that streight, he forthwith drew out his men, and prepared for Battell, it being then the Nones of August, and ascending the Hill discovered Prince Ed­ward and his Army on the top thereof, which was divided into three parts; the first led by Himself, the second by the Earl of Gloucester, the third by Mortimer, the business being so ordered, that no other Colours appeared then the Banner of young Symon and the rest taken at Kenilworth, which cau­sed the Earl to suppose, that many of them had been of his own Party, but upon further View he understood the con­trary, for the Prince afterwards took down those Colours, and instead of them erected his own and the Earl of Glouces­ters Banners on the one side, and Mortimers towards the West, which unexpected sight caused such a Discouragement in the Army of the Barons, as that the Welsh betook themselves to flight, and the rest being over-powerd were totally routed, so that few escaped the Slaughter: Of those who were Slain and not taken Prisoners, were as to the Principal Persons Symon de Monfort Earl of Leicester himself (whose Head, Hands, and Feet being cut off, were sent to the Lady Mortimer then at Wigmore Castle) Henry de Montfort his Eldest Son, Hugh le Dispencer then Justice of England, Ralph Basset of Drayton, Tho­mas de Astely, Peter de Montfort, William de Mandeville, John de Beauchamp of Bedford, Guy de Baliol, and divers other persons of Quality, with a multitude of the common Sort: Of those that were wounded and taken Prisoners, the Chief were, Guy de Montfort a younger Son of the said Symon de Montfort, John Fitz-John, Humphry de Bohun the younger, John de Vescy, Pe­ter de Monfort Junior, and Nicholas de Segrave; And it was said that when the Earl of Leicester discerned the Form of the Princes [...] Mat We [...]- Battalia, he swore by the Arm of St. James (his usual Oath) they have done discreetly, but this they have learned of me, let us therefore commend our Souls to God, because our Bodies are theirs; Mat. Pari [...]. and encouraging his men told them, they were to Fight for the Law of the Land, yea the Cause of God and Justice, and advi­sing Hugh le Despencer, Ralph Basset, and some others to flie, and reserve themselves for better times, they refused so to do, but rather chose to die with him.

[Page 100] Who although he was an Arch-Rebell, and in that a Pest or Plague unto the Nation, yet the deluded People could not think [...]. it enough to honour and follow him in his Life time, but would in the Fame of his supposed Miracles have wor­shipped him for a Saint after his Death, if the King had not prohibited them.

SECT. IX.

Of the Proceedings of King Henry the Third after his Release and Restauration until his Death.

THE long imprisoned and sadly misused King thus hap­pily released out of his Thraldome, but yet with the Loss of some of his Own, as well as too much of his Subjects Blood, by a Wound casually received in the battle, was now rid of his Jaylor, whom he feared and hated, as he said himself more than any man living, and he that before was forced to write and speak as Montfort and the rebellious Barons would dictate unto him, obey their Orders as soon as they were proposed, declare his Son and Loyal Subjects Rebels, and the Rebels his most faithful Councel, could like a Bird out of the Snare of the Fowler, when he was at liberty, and had escaped their Tyranny, give them their proper Names and Titles, call their whole business a Rebellion, and made them glad to receive their Pardons, under the Character of his Enemies, Ro. claus. [...]in dorso. & Ro. Pa [...]. [...] [...]. as in the Pardons of John Fitz-John, Basset, and others, and with the Victorious Prince, the Redeemer of him and the Kingdom, went to Winchester, where a Parliament be­ing convoked, all who adhered to Simon de Montfort, were dis­inherited, and their Estates conferred upon others at the King's pleasure, the Liberties of London forfeited and taken from them; in which year that valiant Prince his Son, as M [...]t. Paris. [...] [...]0. Mat. Paris hath recorded it, fought a single Combat with Adam de Go [...]rdon the Out-law near Farneham, where finding him in the Woods, and personally engaging with him, the fight continued so long, and with such Animosity and Courage on both sides, as they as well as the Spectators marvailing at each others extraordi­nary unwearied Valour, the sturdy Out-law was at last con­tent, upon the Prince's offer to procure his Pardon, to throw down his Arms, and was restored to Favour and his former Estate.

[Page 101] And the King notwithstanding the Success at the Battle of Evesham, and his Advantages gained thereby, continuing his Endeavours to free his Kingdom from the Danger, Damage, and Disturbance of any further Rebellion, having gathered together a formidable Army, treated upon Hostages given with young Simon de Montfort, for a Peace to be granted unto him as to his own particular, and for the delivering up of the Castle of Kenilworth, wherein he had despitefully behaved himself by cutting off the hand of one of his Courriers whom he had inter­cepted, and sending it unto him in a ridiculous jee [...]ing man­ner, not only from himself, but some of his Complices that were forfeited and disherited.

But they that were in the Castle denying to surrender it, ei­ther to the King or Symon, in regard that they were intrusted by the Countess of Leicester, who was beyond the Seas, and with­out her Order they would not do it.

In the mean time, whilst the King besieged Killingworth Castle, which held out half a year, a great Party of those that were disherited growing desperate, retired to the Isle of Ely, which they did begin to fortifie, and from thence making In­cursions into the adjacent parts did great Mischief.

Which to repress, [...]aith Mat. Paris. Mathew Paris, citantur Communium Communes ad [...]os vallandos & eorum egressum impediendum, which in great numbers they endeavoured to doe, but were over-reach­ed by the Military Arts and Stratagems of the Montfortian Party, the King having the Castle of Kenilworth surrendred un­to him.

Symon and Guy de Montfort Sons to the Earl of Leicester, with the disinherited Barons who escaped from the Battel of Evesh­am, defending the Isle of Ely, the King and the Prince going with an Army against them streightly besieged them, and ten­dred them afterwards gentle Conditions, wherein the King's Pri­vy Councel were divided, for that Mortimer Ro. Pat. 49 H. 3. having the whole Earldom, Honor, and great Estate of the Earl of Oxford, after the battle of Evesham granted unto him, and many others who had great Quantities of the disherited Parties Lands gi­ven unto them, were unwilling to forgo what the King had for their Valour and Fidelity bestowed upon them, and there­fore would hold what they had; but Gloucester and the Twelve Ordained to deal for the Peace of the State, and other their Friends, which were many, stood stifly for a Restoration.

Which raised new Displeasures, so as Gloucester retired from the Court, and sent a Messenger to require the King to re­move Strangers Daniel in the life of Hen. 3. 182 and 183, 184. from his Court, and observe the Provisions [Page 102] made at Oxford, according to his last Promise made at Evesham, otherwise he should not marvel, if himself did what he thought fit; whereupon in the one and fiftieth year of his Raigne at S t. Edmunds-Bury was a Parliament summoned, unto which were cited Comites & Barones, Archiepiscopi, Episcopi & Abbates [...] Paris 10. 2. and all who held by Knights Service were to appear with Horse and Armour for the vanquishing of those disherited Persons, who contrary to the Peace of the Kingdom held the Isle of Ely.

John de Warren Earl of Surrey and William de Valentia were sent to the Earl of Gloucester (who had leavied an Army upon the Borders of Wales) to come in a fair manner to that Parliament, which he refused to do, but gave it under his hand, that he would never bear Arms against the King, or his Son Edward, but to defend himself and pursue Roger Mortimer and other his Enemies, for which he pretended to have taken Armes. The first Demand in that Parliament which was made by the King Danoel's Histo­ry in the life. of King H. 3 and Matthew Paris. 1002. 1003. and the Legat, was, That the Clergy should grant a Tenth for three Years to come, and for the Years past, so much as they gave the Barons for defending the Coasts against the In­vasion of Strangers:

Whereto they answred, That the War was begun by unjust Desires, which yet continued, and it was more necessary to treat of the Peace of the Kingdom, to make use of the Parlia­ment for the benefit thereof, and not to extort Moneys, con­sidering the Land had been so much destroy'd by the War, as it would never be recovered.

When it was required, That the Clergy might be taxed by Laymen according to the just Value:

They answer, It was neither Reason nor Justice that they should intermeddle in collecting the 10 th, which they would never consent unto, but would have the Antient Taxation to stand.

It was desired, That they would give the 10 th of their Ba­ronies and Lay-fees according to their utmost values:

They answered, That they were impoverished in attending the King in his Expeditions, and their Lands lay untilled by reason of the Wars.

It was moved, That in liev of a 10 th they should give among them 30000 Marks to discharge the King's Debts, contracted concerning the Kingdom of Sicily:

They answered, They would give nothing, in regard that all those Taxations and Extortions formerly made by the King, were never converted to his own Use, or the Benefit of the Kingdom.

[Page 103] Demand being made, That all the Clergy-men which held Baronies or other Lay-fees, should personally serve in the Wars:

They answer, They were not to sight with the Material Sword, but the Spiritual, and that their Baronies were given of mere Almes.

Being required to discharge the 9000 [...] which the Bishops of Rochester, Bath, and the Abbot of Westminster stood bound to the Pope's Merchants, for the King's Service at their being at the Court of Rome:

They answered, That they never consented to pay such Loan, and therefore were not bound to discharge it.

Then the Legate from the Pope required, That without delay Praedication should be made throughout the Kingdom, to in­cite men to take the Cross for the Recovery of the Holy Land:

Whereunto Answer was made, That the greatest part of the People were already consumed by the Sword, and that if they should undertake that Action, there would be none left to de­fend the Kingdom, and the Legate seemed to desire to extir­pate the Nation and introduce Strangers.

Lastly, when it was urged, That the Praelates were bound to yield to all the Kings Demands by their Oath at Coven­try, where they did Swear to aid him by all means possible they could:

They answered, that when they took that Oath, they un­derstood no other Aids than Spiritual and wholsome Coun­cell.

So nothing but Denyals being obteyned in that Parlia­ment, the Legat imployed some to Sollicite the disherited Lords, that held the Isle of Ely, to leave off their Robbe­ries, and return to the Peace of the King, the Faith and Unity of the Church, according to the Form provided by the Dictum de Kenilworth, made by a Commission of the King (no Dict or Act of Parliament) to 12 of the Peers, for the Re­demption of their Inheritances, given away by the King for Five say some, other Seven, years Profits.

They who had no Lands were to give their Oaths, and to find Sureties for their Peaceable Behaviour, and make such Satisfaction and undergo such Penances, as the Church should appoint; they who were Tenants should lose their right to their Farmes, Dictum de Ki­nilworth anno. 51. H. 3. saving the right of their Lords; they who did instigate any to Fight against the King, should for­feit the Profit of their Lands for two years; and if any Per­son should refuse those Conditions, they should be de Exhe­reditatis, [Page 104] and have no power of recovering their Estates; in which Composition or Dictum, some Persons, and particular­ly Symon de Montfort himself and his Heirs, were excluded.

To which they answered, That they hold the Faith recei­ved from their Catholick Fathers, and their Obedience to the Roman Church, as the Head of all Christianity, but not to the Avarice and wilful Exactions of those who ought to Govern the same. And that their Praedecessors and Ances­tors, whose Heirs they were, having Conquered the Land by the Sword, they held themselves to be unjustly Mat. Paris. 1003 & 1004. disherited, and that it was against the Popes Mandate they should be so dealt withal:

That they had formerly taken their Oaths, to defend the Kingdom and Holy Church (all the Prelates thundring the Sentence of Excommunication against such as withstood the same) and according to that Oath they were prepared to spend their Lives; and seeing they Warred for the benefit of the Kingdom and Holy Church, they were to sustain their Lives by the Goods of those that detained their Lands, which the Legat ought to cause to be restored to them.

Besides, they declared to the Legat, That they had irre­verently ejected out of the Kingdom the Bishops of Winches­ter, London and Chester, whereby the Councell of the King­dom was in great part weakned; willed that they might be restored to their Lands, without Redemption; that the Provi­sions of Oxford might be observed, and that they might have Hostages delivered unto them into the Island, to hold the same peaceably for five years to come, until they might perceive how the King would perform his Promises.

But this Stubbornness so exasperated the King, as the next year following, with a mighty Army he did so beset the Isle, as he shut them up, and Prince Edward with Bridges made on boats entred the same in diverse places, and constrained them to yeild.

And in the 52d. year of Mat. Paris. 1005. his Raign devastavit, saith Mat­thew Paris, per totum Regnum de Comitatu in Comitatum, qui sta­bilem contravenientibus intentarent, ut videlicet, si quid Possessiones alienas, sive Ovium, vel Boum, vel aliquid usurparet injustè, subiret Sententiam capitalem.

In the mean time the Earl of Gloucester with his Army marched to London, where by the Citizens he was received; But the Legat residing in the Tower so prevailed with him, as he rendred himself to the King, and was shortly after reconciled by the Mediation of the King of the Romans, and [Page 105] the Lord Philip Basset, upon the forfeiture of 12000 Marks if he should ever raise any Commotion.

Which being effected, the King went with an Army into Wales against Lewellin their Mat. Paris. 1005 & 1006. Prince, for ayding Simon Montfort and the Earl of Gloucester against him; but his Wrath being for 32000 l. Sterling appeased, a Peace was concluded betwixt them, and four Cantreds which had been taken from him by right of Warr restored.

Whereby those bloody, long, and ruining Controversies be­twixt that unfortunate Prince King Henry the Third, and a great ill disposed part of his Subjects, led and managed by some of his overgrown Nobility, and haereditary great Officers of his Crown and Estate, (which had in and from his Infant age to Fifty-Seven vexed and disquieted him and his Government) were drawing towards an end.

And whilst [...]e laboured to repress those Disorders which the Warrs had produced, issued out his Writs to all the Sheriffs Ro. Pat. 56 H. [...]. m. 29. intus. and Justices Itinerants, to leavy 400 [...] with all speed out of the extract Rolls of Fines and Americaments, to be paid into the Exchequer for the expences of William de Beverlaco Prince Ed­wards Chaplain, sent to Rome about his Affairs.

And in the same year beholding with tears the Ruines of the burnt and deformed Mat. Paris 1009 & 1009. and peed's Hist. of Eng­land. Church of Norwich, after the Bishops Ex­communication of all that had consented unto it:

And Trivet the Judg punishing the Offenders, he fined the City in 3000 Marks of Silver, towards the repairing of that Church, and a Cup of Gold of the value of one hundred pounds.

In the 54 th year of his Raign, Parliamentum tenuit apud Marle­burgh in quo de Assensu Comitum & Baronum (no mention at all being made of the Commonalty, as well high as low, in the Record, but is justly to be charged as a fault or mistake upon Mr. Pulton's Translation of our Statutes into English) edita sunt statuta.

The Legat Ottobon signed with the Croysado both the King's Sons Edward and Edmond, the Earl of Gloucester and divers other Noble men undertaking a War for the Recovery of the Holy Land, Prince Edward in that long and Perillous Journey carrying with him his beloved Consort Elianor then young with Child, and Mortgaging Gascony to the King of France for 30000 Marks, who was also personally engaged in the same Expe­dition, and left his aged Father the King, broken with the cares and toyles of War, and Imprisonment, who after his Son Prince Edward's departure, being in the Fifty-fifth year of his Raign, having borrowed Moneys of his Brother Richard King [Page 106] of Almaine, to help to set forward his Son Edward, and falling desperately sick and past all hopes of Recovery, assigned unto his said Brother all the Revenues of the Crown, except Ward­ships; Ro. Pa [...]. 55 H. 3. intus. Marriages, Releifes, Escheats of the Counties, Eyres of the Justices, and the Juries, which he retained in his own hands to his own use.

A Nostre soustenance (as the words of the Record are) & de Nostre Reyne e de Nos mesnees e a Nos de Nos dettes aleger.

And shortly after being doubtful of his Recovery from that sickness, whilst Prince Edward his Son and Heir to the Crown was engaged in that so called Holy War, Wrote his Letter of Advice unto him speedily to return into England upon his Fa­therly Blessing, notwithstanding his Vow and Engagement in that affair, in such manner as might be most for his Honour in these words, viz.

Rex Edwardo Primogenito suo karissimo salutem & paternam Benedictionem; Tenore Literarum vestrarum Nobis super vestro Co­mitivae Vestrae statu prospero & jocundo, benedictus Deus, transmissa­rum audito pleniùs & intellecto laeti efficiebomur Ro. claus. 5 [...] H. 3. m. 8. intus & hilares in im­mensum, & ettam ante receptionem ipsarum Literarum tanta & tam gravi infirmitate detinebamur, Mat West­minster de anno [...] 1270. quòd onmes & singult existentes Phy­sici & alii de vita Nostra comm [...]iter desperabant, nec tempore quo later praesentium à Nobis recessit de Nostra Convaltscentia spes aliqua habebatur, verùm tamen prout Altissimo de statu Nostro placuerit or­dinare vos indè per Nostros Nuntios reddemus frequentiùs certiores, undè cùm vos in Haereditatem (not by Election) Regni Nostri tan­quam Primogenitus & Haeres Noster post Nos succedere debeatis, vos post receptionem praesentium ad partes remotiores nullatenùs transferatis, antè qùam de statu Nostro certitudinem habueritis pleniorem, tùm quia si Papa crearetur & mandaret charissimo fratri nostro Regi Alem il­lustri Avunculo vestro, cui custodia Regni praedicti de concilio vestro commissa fuit, oporteat ipsum pro statu sui Regni Alem' ad Curiam Romanam modis omnibus personaliter accedere, ità quòd ad depressi­onem quorundam male volorum infra Regnum Nostrum existentium sicut nostis intendere non posset, ut expediret, tàm quia si occasione mortis Nostrae (quod absit) vos oporteat ad propria remeare causa Regimi­nis Regni praedicti recipiendi cum Rege Franciae, qui ad partes Fran­ciae in brevi reversurus est (ut dicitur) honestè redire poteritis & de­centèr, super quibus omnibus tale concilum habeatis, quale vobis & honori Vestro ac ipsi Regno, & paci, & tranquillitati ejusdem Magis videritis expedire; & hoc sub obtentu paternae Benedictionis nulla­tenùs omittatis, & ut vobis de voluntate Nostra constet in praemissis con­sulimus bonâ fide, quòd ad propria redeatis sine morâ, quià vestris & Regni praedicti Negotiis ad votum ordinatis & dispositis poteritis [Page 107] cum praefato Rege Franciae redire versus Terram Sanctam in subsidi­um ejusdem prout Màgis noveritis convenire; Teste Rege apud Westm' 6 o die Februarii.

And tired with the many Troubles, with which the Rebellious and unquiet Spirits of too many of his Subjects had from his Infancy never ceased to torment him, exchanged his earthly Habitation for a better before his Son could hear of his Death, or return to take possession of his Kingdom and Inheritance.

And although he against his Will left behind him the first Original or Draught of a Constitution or Design of an House or Convocation, now called an House of Commons in Parlia­ment, which can claim no better an Extraction then it's Birth and first Procreation from a Force and Duress of Imprisonment, put by a Rebellious Army upon their vanquished Soveraign, whilst he was in dread of the life of Himself and his Son, and his Brother and his Son, for more than a year and a quarter, and led about, and made to say, and do, and yeild unto every thing, which they would have him.

That afflicted Prince did not after the battle of Evesham, during all the Time of his Raign, which continued about Eight years after, make use of that kind of Writs of Summons, or of that Form for the Election of Knights, Citizens and Bur­gesses to let in the Tide of the Vulgar with their Ignorance, upon his highest and greatest Councel.

And those new-contrived Writs of Summons could not in all probability obtain a quiet Sitting, or accommodate the pretended Ends and Purposes of the Framers thereof, nei­ther be intended to erect a third Estate, nor agree with the constrained Conservatorships, or other their Designs, otherwise than to maintain those Rebellious Barons in the Powers that they had usurped.

SECT. X.

That those new contrived Writs of Summons, made by undue Means upon such a disturbed Occasion, could neither obtain a proper or quiet Sitting in Parliament, or the pretended Ends and Purposes of the Framers thereof, and that such an hasty and indigested Constitution could never be intended to erect a third Estate in the Kingdom, equal in power with the KING and his great Councel the House of Peers, or consistent with the pretended Conservatorships, or to be co-ordinate with the KING and his great Councel of Peers, or to be a curb to any of them, or themselves, or upon any other design, then to procure some Money to wade through that their dangerous Success.

IN regard that very many of the Counties, and a great part of England, as most of the Northern, much of Wales, and the Marches thereof under the Influence and Power of Valence Earl of Pembroke, Mortimer, Clare Earl of Gloucester, Clif­ford, Le Strange, and other Welsh Lords Marchers, and of John Balioll, and other of the Northern Barons joyned to the Power and Influence of Gilbert de Clare Earl of Gloucester after his forsak­ing of Montfort, neither could or were like to come unto that so packed Parliament; for Richard Earl of Cornewall had very many Borough Towns in that County; Wales and its thirteen Shires, and the largely priviledged Earldom of Chester sent no Knights or Burgesses to sit in the House of Commons in Parliament, either then, or before, or since, until by an Act of Parliament made 26 H. 8. 26. 34 H. 8. ca. 13 35 H. 8. 11. in the later end of the Raign of King Henry the Eighth, they were Authorised to be Elected for that Purpose; Warren Earl of Sur­rey, and Sussex was not in those Counties destitute of many, Ferrers Earl of Darby falling off from Montfort could not but in the large extent of his Estate drew away very many of their well-Wishers, Followers, Friends, Allies, Tenants, or Dependants, and such as held of them by Knights Service, and in Soccage or Burgage, and many Knights, Citizens, and Bur­gesses to be so elected (except those in London and Westminster, if any did then appear to have been chosen) as not dareing to come to that kind of New Parliament without a Convoy; Although the Power of the Earl of Oxford one of their Associates in the County of Essex was then very great, whilst they were almost daily and hourly haunted and tormented in their minds and Estates with Jealousies, Fears and Dangers, and the often sad and dolorous tidings of Devastations, Slaughters, Plunders and Sequestrations; that misused King himself not being able [Page 109] to have any of his Servants or Subjects that he had, sent for to come unto him, without a Convoy to defend them from Spoil and Pillage.

And the exactest Search, that hath been or can be made, can­not find any formal or certain Sitting of a Parliament, any Writs or Indentures returned, any Session, Act or thing done in that so newly framed Parliament, when the minds of the Rebels them­selves were so tormented and distracted with Fears and Cares to preserve themselves and their Royal Booty, as they could neither be safe in keeping of him, or restoring him to his Li­berty; for that the abused Lyon, patient for a while against his Will, once let loose might remember past Injuries, and tear them in Peices; and no Act or Memorial can be seen of any more, than the Petition of two of the Knights Elected for the County of York, and their Allowance of Wages, where the Re­bellious Party seemed to be most powerful, (no Burgesses of the many Towns and Boroughs in that large County at all, it seems, then Appearing or Petitioning) by a Tax or Levy made upon that County, which created the first President or Custom of giving Wages unto Knights of the Shires (no other Knights of the Shires or Burgesses of Townes, if there were or had been any Elected, then demanding the like Allowance) and that which was allowed the said Yorkshire Knights was, part­ly for Expences supposed in their helping to guard the mari­time parts to keep out Strangers, or the Kings own Subjects in his several Provinces of France, from coming from the parts beyond the Seas to assist him, no Journal or Record of any Petitions made, or Grievances exhibited, Conferences, Debates, Decisions, Acts, Orders or Ordinances, and that one that was made was only to engage and cozen as many as they could of the Bishops and Clergy into their own Design.

And therein none of the Commons, or men of that Electi­on, do seem at all to trouble their Heads, or be named as Actors or Consenters therein; for it is expresly said to be provi­ded, Per Commun assentement du Roy & des Prelaz des Contes & des Barons de la tere, & a fermete en tesmoinaunce le Roy & les hauz Hommes de la tere ont mis leur Seus; neither doth there appear to to have been any Prorogation or Adiournment thereof.

And there was like to have been no small want of Money, when Symon de Montfort and his Partners, especially after the Earl of Gloucester's Sullennes and Departure from them, to main­tain and keep together so instable a People, and so great a num­ber for the guard of their Royal Prisoners and their own evil Doings, marching and maintaining their Army from place to [Page 110] place, Ungarrisoning and Garrisoning divers of the King's Ca­stles and Places of strength, together with the no small Charges of their disloyal Contrivances, Envoys, and Ambassadours to their good Friends, the King of France, and the Pope.

Their great Necessities appearing very demonstrable, in their harshly pressing the Bishops for some Arreares of the Clergy, Tenths, Seizing and Sequestration of the Rents and Estates, as much as they could come at, of the Loyal Party to the pre­tended Use of the King, taking away the Tax and Tallage of the Judaism or Banks of the Jews (the then, besides the Caursini the Popes Bankers or Brokers, only Usurers of the Kingdom,) which had been assigned to the Prince; not omitting the get­ting into their hands the Tolls and Profits of the Markets and Fairs appertaining to his Mannor of Stamford, who untill the very instant of his Escape from the Castle of Hereford, where he had long lain a quiet Prisoner under their Persecution, had enjoyed them.

All, or but some, of which might have given them a Temp­tation and Opportunity, if they had had the mind or least In­clination to it, to have taken those few Commons that were with them into their Association, and moulded them into a never­before-used Form or Figure of a Parliament (ever since so mis­takenly called,) or Constitution of a third Estate and House of Commons therein, when anciently and long before our Kings great Councels or Parliaments consisted only of such Lords Spiritual and Temporal, as they should please to advise withal, and those Commons which they had with them do not ap­pear to have made any Act of Parliament or Ordinance for the raising of Money to support the charges of their Rebel­lion.

But that part of the Baronage appeared to have been so un­willing to take them into their Company, or give them any occasion to contemn or lift themselves above their former con­dition, as when in the Difficulties with which they wrestled, upon the Prince's denying his Consent ever to have been given to a supposed Ordinance then lately (as they would have as many as they could make believe it) to have been made at London, by the Prelates and Barons, by the unanimous Assent of the King and his Son the Prince & totius Communitatis Regni, concerning the setling of Peace in the Kingdom, the freeing of the Prince from his Imprisonment, and the Discharge of the ill Opinion which many of the People had of their Actions, they were constrained to send Writs in the King's Name the 12 th. of June in the same year of that imprisoned King, dated at Hereford, [Page 111] unto the Bishops of London, Winchester, Ely, Salisbury, Chester, Coventry and Lichfeild, Bath and Wells, and the rest of the Pre­lates, who may then be understood to have been absent to come omni festinatione to advise with him at Gloucester, to assist him with their Councels, and be a Means to take off those Rumours which had been raised, that by the Testimony of the King him­self and the rest of the Prelats, the Truth might appear, that it was not the King himself, but the Rebels (as whilest he was in their Power he was made to stile his Son the Prince and his Loyal Party.) But none of the Commons before summoned, or designed to have been summoned, had any new Writs sent unto them for that purpose to meet at Gloucester, which would have been very necessary, if they could have born any Testi­mony to that supposed Ordinance, (which is not in any of the Records of that year, or any other year, those monumenta vetu­statis & veritatis, to be seen;) or if they had had any Vote in that imaginary Parliament, it would not have been said in that King's Writ, dated at Westminster the first day of February in the year aforesaid, and in the Close Rolls of that year, That although upon some Discords arising amongst the Scholars in the Uni­versity of Cambridge, the King had given leave, that there might be an University established at Northampton, yet being infor­med by all the Bishops of the Kingdom, that it would great­ly inconvenience the University of Oxford, he did de concilio mag­natum strictly forbid it.

But if there had been any Proceedings upon those Writs, for the Election of Members to constitute an House of Commons, for that or any long time expended in the duration thereof, few of whom either came, or were willing or dared to be present at that new-fancied Parliament, which could not be believed to have had any Duration or long Continuance, if it had at all gained a lawful beginning, or could have overcome those many Obstructions, which lay before them, those two Knights of the Shire sent out of Yorkshire, who had obtained a Writ for their Wages or Charges in coming, tarrying, or returning, and were possibly gone homeward, or shortly going, would not have made such hast to be gone.

It being alwayes to be remembred, that although King Ed­ward the First had so subdued Wales as to make them obedient unto such Laws as he would have them obey, yet King Henry the Eighth was the first that removed the Barr and accusto­med distances and Enmities, that had long continued between the English and the Welsh, when in the 27 th. year of His Reign he did incorporate his Dominion of Wales with his Kingdom [Page 112] of England, and ordained that All that were born, or to be born in [...]7 H. [...]. 26. [...] H. [...]. 11. & [...]4 H. 8. 1 [...]. Wales should enjoy the Laws of the Realm, which and no other be wil­led should be used in Wales, and that two Knights should be chosen to be Knights as Members in the House of Commons in Parliament for the County, and one Burgess for the Town of Monmouth: Knights and Burgesses shall be chosen in every Shire and Borough of Wales to come unto the Parliament, and have the allowance of Wages, as others used to have, and there should be two Knights for the County of Chester cho­sen, and two Burgesses for the City, to be Members of the House of Commons in Parliament: Which rendred it to be not only improba­ble, but impossible that any Knights or Burgesses for Wales, and the Counties of Chester and Monmouth, and the Boroughs thereof, in that so New-created Parliament of Symon de Montfort's own framing, in Anno 49 of King Henry the Third, or in any other Parliaments better authorized, until the aforesaid Reign of King Henry the Eighth: And it is also remarkable, and to be ob­served; that the County Palatine of Durham, and the Borough of Newark in the County of Nottingham, had no Authority to send 25. Car. 2. Burgesses to Parliament, neither did, untill His now Maje­sties Happy Restauration.

Or if that (so would be called) Parliament could by any stretch of Fancy have been supposed to have been itine­rant with the Army, it could never come up to any Pro­bability, that that King so governed against his Will by it, would the fourth day of June by his Writ, dated at Hereford di­rected to the Mayor and Bayliffs of Bristol, have commanded them to send unto him Ten or Twelve of their most honest and dis­creet Citizens, to satisfie the rest of the City, that He had been privy unto all that had been done in His Name, and to the end that they might be better informed of his Will and Pleasure, if there had been any Members of Parliament for the City there already with him Elected or Attending.

For certainly they that had strugled so much and contended to blood for a Twenty-four Conservatorships, reduced du­ring the Kings Imprisonment to Nine, after to Four, of the more special Rebellious Undertakers, would be loath to part with that Power and false Authority which they had so desperately gained.

And the business for which the Knights and Burgesses were desired by them to be elected and called together to treat with the Prelates and Nobles of the Kingdom, whom the King, as they would have it believed, had caused to be summoned and called to a Parliament which was to be holden in Octabis S ti Hillarii then next coming, as well concerning the Delive­ry of his Son Prince Edward out of Prison, where he remain­ed [Page 113] a Pledge or Hostage for the King, as for other matters touching the common Good of the Kingdom, in which the presence of them, and other Loyal men, as the Writ said, was requisite, and were in fide & dilectione in which they were bound unto the King to be there, to treat of such things, as the King, by the Advice of his Prelates and Barons, should for the common Profit of the Kingdom ordain, as they ten­dered his and their Honours (a word by the Customes and Cu­rialities of England not in these or many ages after usual or appropriate to the Commons & Burgesses or Tradesmen of Eng­land). And was an Import beyond the understanding and reach of the Capacity of the Vulgar, and if it could have been thought to have been fitting or necessary for that instant Emergency, could not with any Reason or true Judgment be supposed, to have been proper Advisers for any afterward Matters of State, weighty or grave Deliberations, upon which the Safety and Welfare of the whole Nation was to have any dependance; as if that Prince Edward or any other Prince, our Kings Eldest Son, had for all Ages to come been supposed to be Prisoners, or Hostages for their Father. Neither could such a device be in any Probability long, or any thing near everlastingin, the very Design it self, or Meaning of the Contrivers; for that even after they were to a Despair utterly overthrown at the battle of Evesham, and the Dictum, Pardons, and Compositions made at Kenelworth, the Earl of Gloucester upon a renewed Discontent raised Forces and demanded the Observation of the Provisions made at Oxford, (which amongst other things for the Conservatorships) which he al­ledged the King had promised at the Battle of Evesham, (and very likely, if at all, after the battel ended) and some of the dis­herited Lords that had fled to the Isle of Ely, and forcibly with­held the possession thereof from the King, did amongst other their Demands make it to be one of their Propositions, that the Provisions of Oxford might be observed.

And that kind of Summons made in and by the Name of a Captive King, when He was a Prisoner could not by any Rule of Law or Reason, have been then added to our anci­ent fundamental Laws, and made to be a fundamental Law, as ancient as the Government, upon which the House of Peers, and a great part of the Monarchy was built; nor such a third Estate or Constitution of a different Nature, and after so long an Interval of time made to be co-ordinate with it, which the Provisions at the forced Parliament at Oxford, (if any such thing as a Co-ordination in a House or Society of Elected Commons had then been in Actu or rerum natura, or in any Being or Ex­istence [Page 114] before the framing of those Provisions) did annihilate, and seem never to intend.

And if such a Novel, great Councel, Parliament, or Con­vocation could have met with any Success, which in regard of Discords, Rebellions, Hostilities, Jealousies, and Fears then busying and disturbing the Kingdom, was every where em­barassed, and incumbred with Dangers and Troubles, the King and His Brother, the Prince His Son, with many of the Loyal part of the Baronage imprisoned, and the remaining part of them either Fled, or under the power of their and the King­domes Enemies, could have taken Root or gained any Fixation; no small Contests and Dissentions arising betwixt the Earls of Leicester and Gloucester, and their several Adherents, two of the greatest Supports Sam, Daniel in the Life and Reign of King Henry 3d. 180. 181. of the Faction (as it usually happeneth, saith Daniel, in Confederacies, where all must be pleased, or all the knot will break) about their Dividends, private and particular Agreements.

It could not easily, or at all receive any Entertainment in the Reason or Understanding of Mankind, or which is much less any colour of it, or less than that in any Man's Imaginati­on or Conjecture not mad or distempered, that such a nu­merous part of the Commons, as to the Burgesses to be elected out of the vulgar, rude, rash, giddy, and apt-to-be-partial, and easily misled, affrighted, or flattered sort of the People, should produce any good Effect, either to themselves or the publick, when too many of them were, or would be likely to be, most commonly altogether illiterate, and of such as could escape that unhappy Character; but few that had ever looked in at the Threshold or Door of good Learning and Policy, and fewer that had spent any or much of their time in it; but addicted themselves, or imployed most of their Thoughts upon the Cares of managing their own Estates, Husbandry, Trade, or other necessaries of Livelihood, more proper for the common and inferior Ranks of the People, upon whom very many sad and often Experiments have for many Ages and Centuries before, deservedly fixed, and imposed the indeleble Marks of Mobile, prosanum, & scelestum Vulgus, and given Us a lamentable Ac­count of many of their mad and reasonless Advices, willful, and head-long Actions, to the Destruction, not only of their Superi­ours, and those that would or should guide them, but of them­selves, and all that have had to do with them, or any ill gover­ned Assembly, Sr let-loose Multitude of Men. Which, with­out good Accidents, and much Difficulty to boot, are seldom Governed, or brought within the bounds or compass of well [Page 115] digested Reason and Prudence; especially, if they sit for any long time to hatch or brood Factions or Partialities, Envies, Ammosities, Self-interests, over-strained Liberties, Authori­ties, Priviledges, and taking too much upon them.

And there could not be any or much good Event expected to happen to the Councels of Princes, or the Weal publick, either as to the Secrecy (the life of Councels) Consultive or Active part of them. Or to those rebellious Lords themselves, who as the Case then stood with them, were concerned to order the business as much as they could for their own Preservation and Advantage, and to take care that there should be some Bridle or Method to restrain them.

And there being besides Twenty-Four Cities in England, where two Citizens were to be chosen out of each, by the direction of that novel Writ, and a great number out of as many Boroughs, and Corporation-Towns then in England, at the arbitrary and corrupt Power of the Sheriffs, as it after proved and hapned, with its Thirty-Nine Shires, and two Knights to be chosen out of each, (the Counties and Boroughs of Wales not being at that time to be put into the Account) and Four out of every of the Cinque-Ports, the number would so swell and increase, as might very much exceed that of the Peers and Barons, which in the largest Estimate would not then arrive unto Two Hundred and Eighty, and according to the then more common Accompt; and they then summoned ad libitum Regis, not many more than Sixty, in which high and honourable Court, and House of Spelman's di­atriba de Ba­ronibus. Lords Spiritual and Temporal, should that very great surpassing number of Com­mons have their equal Suffrages, as it may be believed they ne­ver were intended to be allowed, the lesser number would be over-powered by the greater; the more noble prudent and con­cerned, by those that were little at all, and introduce a Commu­nity or Vassalage upon themselves and their Posterity, which the Roman Senators and Patritii in a Common-Wealth, made out of a Monarchy for fear of Tyranny, were unwilling to admit, and when they were seditioned and mutinyed unto it, left their Chil­and Seri nepotes to endure the dire Effects of their often Changes from Kings to Consuls, from Decem-virates unto Tribunes of the Peo­ple, Censors, Tribunes-Military, bloody Proscriptions, and Wars betwixt the Patritii and Plebeians, pacified and succeeded by a Dictator, after that a Trim-virate, after that an Emperor and semper Augustus Caesar, with an arbitrary Power, until good and whol­some Laws of their own making gave an Allay unto it.

For such a Miscellany of Imis cum Summis of Inferiours with Supe­riors could not be deemed to be either more or better enabled [Page 116] than the Prelates and Baronage of the Nation, the Moratiores bomines Men of better Extraction & Education, the ancient extraordina­ry grand Councel of our Kings and Princes not meanly, but emi­nently skilled in matters of State and Policy, Religion, War, forreign Languages, and Affairs of their own State and others, and in the quieting the Troubles of it.

Nor could that their Device at that time have much Assurance of any good Success therein, when the Prince was a Prisoner and Hostage for his Father, (who was long after in no better a con­dition) against the Laws of Wars, and Rules of Hostages, and the Tenor of those Writs of Summons carried nothing in them of a perpetual Constitution, or any thing more than pro hac vice, and for that only time and purpose. Or that such a Parcel of the lower ranks of People could be more knowing and intelligent, than the King of France, assisted by his grand and learned Nobi­lity, Clergy, and Wisdom of his Parliament of Paris were not long before, when they determined those grand and long-depen­ding bloodily-agitated Controversies, betwixt that persecuted King, and some of his then ungovernable Barons, concerning the disloyal and unhappy Provisions enforced from Him at Oxford some Years before.

And such a novum & inauditum betwixt a Monarch and King (no Feudatory) and his rebellious Subjects, referred to the Ad­vice of themselves, or their Partizans, touching the Claim of their Pretences in their own particular Cases, being not easily to be found in any the Annals, Histories, or Records of this or any other Kingdom or Nation.

For many of the Milites or Knights in that new Contrivance to be Elected, were at that time, as to their Estates, of so gene­ral and lost Esteem, as Twenty or Fifteen pounds per Annum, was by the Statute of the First Year of the Raign of King Edward the Se­cond, which was not much above Forty Three Years after, con­ceived to be no contemptible Rate, or Proportion of Livelihood for a Knight; when Placita apud Northamptou coram Galfrido le Scroope & sociis juis Jus­tie. itener' An. 3. E. 3. William de Felton, an Ancestor of a Family now of good Note, in the County of Suffolk, being in the Third Year of the Raign of King Edward the Third, presented before the Justices itinerant, to be seized of the Mannot of Botingdon, quod valet per Annum Twenty Pounds, & to be Thirty Years Old, & nondum Miles ideo in misericordia, and many Gentlemen of good Extracti­ons and Families did heretofore appear, to have been long after retained under Earls and Barons in the Wars, and Service of their Prince, and not seldom as Domesticks, and more especi­al Servants in their then large and honourable Families, and have been their Receivers, Stewards or Feodaries, worn their more [Page 117] special Livings, and taken Wages, Dyet, and Allowance for themselves, and a limited Number of Men and Horses, altho some of them have been Gentlemen of good Value and Descent, and very many of those which have been since Elected, are not denyed to have been Persons of ancient and worshipful Fami­lies.

The Citizens and Burgesses (Merchants excepted) such as did Sordidas artes exercere, as the Civil Law stileth a Sir John Ferne's Glory of Generosity. them Men that usually made their Gain, or manner of Living by De­ceits and Lying, and were as our Common Law above Two Hun­dred Years after declared them, saith Littleton, to be Men with Littleton's Tenuries, Cokes 1. Instit. super Littleton. whose Daughters to Marry would be to a Gentleman such a Disparagement, as the Parents and Kindred might Legally com­plain of it; and the Testimony, saith the Caesarean or Civil Law, of a Gentleman was to go as far, or to be valued, as two of them. And how unequal they were like to be in their Births, Reputations, and requisite Parliamentary Abilities, who being to be very Burgesses, and City or Town-Trading Inhabitants, according to the Intention of those Writs, could not be expected to be other, than such as were only bred and instructed in the Arts, Tricks, Deceits, and Mysteries (as they have been since well called) of Trade, and the most of their Estates and Livelihood gained by it, being much more wickedly than Honest, as their Apprentices and Journey-men, who know the Secret thereof, can Witness; nor to be able or serviceable to their Prince in any thing, more than to attend Him (if He should need or call him) as a Merchant to some great and publick Mart or Fair, to help him to buy or sell such Things as should be there Marchantable, or that the Knights to be chosen in the Shires, who in those times made the Military Exercises to be their greatest Care and Employ­ment, would not be more necessary and fit to attend their Soveraign, to perform the Office and Intention of those Writs, to defend their King, themselves, their Country, Friends and Neighbours, and to do that which every Gentleman, and such as were è meliori luto of the more refined Clay, better born and bred, than the rude Vulgus, or common sort of People, would of themselves, if not commanded, or otherwise by their Te­nures obliged, be willing to do; as that Learned French Lawyer Barn. Brisson. in Basilic. Lib. 6. Tit. 23. Brissonius well observeth, Qu'en la necessitie de Guerre toutes les Gentilz hommes sont tenus de prendre les Armes pour la necessitie du Roy; which by our Laws of England is so to be encouraged, as it is Treason to kill any Man, that goeth to Aid the King, and is no 21. E. 3. 2 [...]. 45. E. 3. 21. more than what the Oaths of Allegiance and Su­premacy [Page 118] do bind every English-man unto, although they should tarry in the Camp more than Forty Dayes, or not have Escuage or any Allowance of their Charges from their own Tenants.

And the People of the Counties and Cities, as well as the smaller Towns or Boroughs, which were to delegate or com­mission them, and make them wise enough to give their Assent in that great and solemn Assembly and Councel of the King and His Prelates, Baronage, Lords Spiritual and Temporal, unto what they should ordain in quibusdam (not in omnibus) arduis, high and extraordinary Matters concerning the King, Church, and Kingdom, not in ordinary or common, were only, or more e­specially, to take into their Consideration, and inform the State, Commerce, Interest, and Affairs, Abilities, or Disabilities of the Countries, & Places to supply their Soveraign's occasions; & some of those Burgesses Elected, and sent from poor Fisher-Maritime-Towns (the most prudent Observers of whom might have done Aristotle good service in his Enquiries (not of the Politicks, but) of the ebbing and flowing of the Sea, or some of the lesser Gen­ery, or over-grown Yeomanry, as might instruct Varro or Columella in the design of writing their Books de Re Rusticâ, or the well lined plausible Dweller in some inconsiderable Villes, or a small num­ber of Houses, little better than Cottages, with a fair Inn, with two carved or gilded Sign Posts, and a St. George on Horse-back unmercifully killing the Dragon, and the Inhabitants, Men of no more Language, Wit, or Learning, than was scarcely sufficient to manage their vulgar mechanick Employments) might have been more useful in the Parliament of the Twenty-Seventh Year of the Raign of King Edward the Third, when the Statutes of the Staple, and the Staple Cities, and Towns so greatly concerning the after happening Golden-Fleece-flourishing-wollen-Trade, and Manufacture in England, and the enriching those Cities and Towns, were made and enacted.

And the Consent or Advice therein of the vulgar or ignoble part of the Free-holders, might have been more requisite in the making and framing the Act of Parliament in the Twenty-Third Year of the Raign of the aforesaid King, touching Labourers and Servants; or that long after made by Queen Elizabeth, in the Fifth Year of her Raign, limiting the Wages of Servants, Artifi­cers, and Workmen, as being likely to be more sensible, and to give good Instructions in their own Concernments, than in those of their Superiours, their Land-lords, viz. The King, Nobility, Bishops, Gentry, irelgious Houses, Colledges, Uni­versities, Deaneries, Praebendaries, Hospitals, Corporations, and Companies of Trades, &c.

[Page 119] Those that were Boroughs were not then so many or half so big, as they have been since by our King's Royal Favours, in the granting of Fairs and Markets unto them, with divers other Immunities and Priviledges, &c. Nor had gained so great Addi­tions to their Buildings, and former extent by their Scituation or Neighbourhood to some great Town or City of Trade; and the Inhabitants of them Men only conversant in the evil Arts of Trade, and with Demetrius the Silver-Smith ready to do more for Diana's Temple, than St. Paul's Preaching, and lay out that little Understanding that they have, in taking some Lands to Farm near adjoyning; and being as little acquainted as may be with State-Policy, or any thing out of the reach of their Neigh­bourhood, will be as unfit to know or discern wise Men, as the Corydons, Hobby-nolls, country Carters, or Mechanicks are, or would be, to Elect or give their Votes or Suffrages, for the taking of the degrees of Doctors, Masters, or Batchelors of Arts in our Universities; or as Brick-laiers would be to give their direction and advice in the Building, Rigging, Tackle, Steering, and Sailing of a Ship.

Or to give a liberty to the Boys to choose their School-Master, and direct what Methods he should use in the governing of them; or to the Common People, to elect and choose the King's Privy Council, or to have Votes or Suffrages in the making or repeal of such Laws, as the variety of their Humours, Interests, Envies, Ambitious Ignorances, and Whimsies should perswade them to obey or be ruled by, or such as may con­sist with all of them together, or as much as for that very instant or moment of Time may agree with every Man's particular Fancy, Interests, Occasion, Advantage, Will, or Pleasure; or of those that shall awe, flatter, bribe, delude, fool, or seduce them.

Or in the Hurry and Distraction which Rebel-Armies and Gatherings of, a misled or cheated Part of, the People in such a Collection use to be, might probably think it neces­sary and greatly conducing to their present self Advantages, to procure them that were under the influence of their Power, then very formidable, or of the Tenancy or dependance of themselves, or the rest of the Baronage, whom they were labouring by Force, Fear, Flattery, or other seducing and e­vil Arts, to entice and draw into their Party, to consent for the present, to the Advice or Petitioning for the Confirma­tion or Establishment of the constrained Provisions made at Oxford; and their Conservatorships which the King of France had not long before solemnly in his aforesaid Arbitration condem­ned and annulled.

[Page 120] For the Dugdales Baronage. Tit. [...] and Petri [...] Montfort. Engine or Knack of the Twenty-Four Conservators to govern them and the King and Kingdom, Twelve as it was sometimes proposed to be chosen by the King, and Twelve by the victorious Rebels, after confined to a much smaller Number, as their Power and Hen. [...]. usurped Authority in a short Daniel in Life of time after gave them the Liberty and Occasion, could never be thought to be with any intention to continue that new Model or Frame of Parliament any longer than pro hâc vice, until the imprisoned King and Prince should be released, and the Disturbances of the Kingdom quieted, as those Writs of Simon and Peter de Montfort's own framing and putting under the King's Name and Seal did, if they might be credited, seem to import.

But were rather convened for Simon de Montfort's particu­lar Ambition, and Establishment, nor could otherwise be in­terpreted to amount to any more, than the most likely to have been the dismal Effects thereof, the Destruction of the King and his Family, Subversion of the ancient fundamental Laws and Customs of the Nation, and Change of our an­cient Monarchy into an Oligarchy.

And must either be understood not to have known at all the fundamental Usages, Customes, Priviledges of the Prae­lates, Nobility, and Great Men of the Realm in their King's great Councels, or Parliaments, when they were thereunto Summoned; and that long after both by the Feudal, and common Laws of this Kingdom, the Lords Spiritual and Temporal were in Parliament to Assess a proportionable Es­cuage Cokes, 1 In­stitutes, Tit. escuage. upon such of their Tenants, who held any Capite Lands, and did not go with them in Person to serve their King and Country, and were not to be their own Assessors, but sub­mit unto what they should in those great Councels, subordi­nate to their King's, determine; and as they anciently were used to do, when Taxes were laid upon Knights Fees, when the Common People that were to pay them were not all present, or any for them.

Or never to intend to introduce such a Party of the Com­mon People into a Co-ordination or Fellowship with them, in a Subordination to their Soveraign, which might, as they did afterwards entice them to, encroach and believe, that a Li­cense of Petitioning for Redress of any Grievances which might happen, and a Liberty to give an Approbation and Obedience to what should be there ordained by the King, by the Advice of his Lords Spiritual and Temporal for the publick Good, should be in, or unto them, or their Succes­sors [Page 121] an Authority or original Power, to controul what their Kings by the Counsel of their Lords Spiritual and Temporal should there find necessary to Enact; when they could not forget, that even in the time of the Imprisonment of King Henry the Third, they did in his Letters, Rescripts, Writs, and Edicts, written and sent about the Kingdom in his Name, Ro. pat. & claus 48, & 40. H. 3. a­mounting to no fewer than Sixteen, mention that his said Or­ders, Acts, and Commands were done by the Counsel and Advice Procerum & Magnatum suorum, and in some of them his Prelates, Barons, & hautes hommes, but nothing at all of the Commons.

And that Rebellious part of the Baronage might the easier be led into that they never meant, when they had some rea­son to think or assure themselves, that such an Election of Members, or the parts of the common People, would much advance the fixing and setling their Designes, when they could not but acknowledge, that they owed much of their Liber­ties and happiness under their Kings and Princes unto them, and their Ancestors, as in particular, unto an Earl of Oxford, in procuring of the King Three Hundreds in the County of Essex, to be diaforrested, and might be glad to entail and per­petuate their Assistances, Dependencies, Hospitalities, Privi­ledges, and Favours upon their Posterity, and after Genera­tions; and rather return a submissive Compliance unto them well accepted, than to endeavour to prejudice, or in the least to make themselves equal unto them, or Mastors of them, but would be content to be ruled by them, and not endeavour to govern or domineer over them.

With which doth accord that well founded Opinion and Answer of that Exact Col­lection of all Remonstran­ces, Petitions, Messages, De­clarations, & Answers be­twixt the King and Parlia­ment from the 1st. of Decemb. 1642. until 24 March 1652. Ordered by the Commons Assembled in Parliament to be printed. excellent Prince, and very Martyr King Charles the First, our late gracious and pious Soveraign, in his An­swer to the haughty and undutiful Nineteen Propositions, sent unto Him by the rebellious and misled Parliament, the Second Day of June, One Thousand Six Hundred Forty Two, That the House of Commons was never intended for any share in the Govern­ment, or the Choosing of them that should Govern, and were not likely, in those early and troublesome times, to get any Root or Foundation for such an unwarrantable Pretence. And might have believed, that the Prelates and Baronage of Eng­land had heretofore Power and Influence sufficient, to have kept them in a better Order, both towards them and their Sovereign.

SECT. II.

Of the great Power, Authority, Command, and Influence, which the Prelates, Barons, and Nobility of England, had in or about the Forty-Ninth Year of the Raign of King Henry the Third, when he was a Prisoner to Symon de Monfort, and those Writs of Election of some of the Commons to Parliament, were first de­vised and s [...]nt to Summon them: And the great Power and Estates which they afterwards had to create and continue an Influence up­on them.

WHen the then Prelates, by the Papal great and exor­bitant Power over the Bodies and Souls of the Peo­ple of England, as well high as low, rich or poor, their Power of certifying Illegitimations, Bastardy, or Ne un­ques loyalment accouplis en Matrimony, with their Fulminations, Ex­communications, Curses, Interdictions, Confessions, Absolu­tions, Pardons, and Dispensations, Denial of Christian bu­rial, Affrights of Purgatory, undenyable Commands over the inferiour Clergy, and they over the People; together with the great Authority which their Episcopal Function and Dig­nity inseparably conjoynt with their Temporal Baronies had given unto them in the Parliaments of England, the greatest and highest Councels and Assembly of the Nation, were in the time of King Henry the Third's Imprisonment, so much allured and drawn by some of their factious and naughty In­citements to Symon de Montfort's Party, by a kind of Ordinance and Agreement before mentioned of the then over-ruling-Power of the rebellious Victors, as there was an undertaking to preserve from Plunder and Spoil, all the Lands and Estates of the Holy-Church, affirm their Authorities, and all that they should have reasonable Order for, amends should be performed, and full Power granted unto them by the King, or Generality of the Earls, Barons, and great Men of the Land, to provide things profitable for the bettering the Estate of the Holy-Church to the Honor of God.

And with their temporal Baronies, unto which many Man­nors of a great Extent, and yearly Value were annext, and some other Barons holding of them, and had their many Mi­lites for service of War, and Multitudes [...] L Edwar­di Confessor [...]. of Tenants by Te­nure, Lease, and Copy-holding of them.

And the regular and monastick part of the Clergy of England, many of whose Abbots and Priors were admitted to [Page 123] sit amongst the Peers in Parliament, were so envied for their great Revenues and Estates, as the Sir [...]. [...] Chro­nicle. Commons in a Parlia­ment in the Raign of King Henry the Fourth, wherein Law­yers were prohibited to be elected Members, and therefore stiled indoctum Parliamentum, did petition the King to confis­cate, and take into his own Revenue, all their Lands which they had calculated to be sufficient to maintain One Hundred and Fifty Earls (no small Estate in those times, being enough to satisfy the honourable Yearly expences of one Earl, and his numerous Retinue, after the rate of their then living) One Thou­sand Five Hundred Knights, Six Thousand Two Hundred Esquires, and erect Two Hundred Hospitals for the Relief of maimed Souldiers.

And in that new Frame of a great Council or Parliament, wherein a part of the Commons of England were to be Assem­bled, which can find no other Original than the Fate of that unhappy King in the battle of Lewis, as the close Roll Ro. claus. 48 H. 3. Parte uni [...]a. m. 6. in dors. Schedul [...]. of the Forty Eight of that King will tell us, there were no fewer of the then well-wishing Clergy to Symon de Mortfort, Summoned unto that new modelled Parliament, than One Arch-Bishop, Fourteen Bishops, Thirty-Five Abbots, Two Priors, their good Friends and Confederates, and for Companies sake in such an hopeful and popular Project, Four Abbesses to help them to Cordials in that languishing State of Loyalty they then were in.

The Earls, and Barons were then, and long after, Great and Noble by Descent, Birth, Extraction, Lands, Estate, Alliance, Command, Power, and Authority, not a few of them by Consanguinity or Affinity, deriving their Progeny from the lines of several of their Kings and Princes, and much of their Honors and Support from their Bounty and Muni­ficence, as they were pleased to dispence them by their influ­ence, favors, or bounty, for great and heroick Actions and Services done for them and the Weal publick; and their Au­thority could not be small, either in the Fear or Force of it, when at the time of the Norman Conquest all the Lands and Services thereunto belonging of the Kingdom, were either the Kings in Demesne, or in the Possession of those Great Men and Commanders, unto whom he had granted them, Dugda [...]e [...] preface in his Survey of Warwick shire. Liber censualis vocat. Dooms­day Lib. rub. in S [...]c. and that again distributed by them to their Servants, Friends, or Followers to hold by Knights Service, Soccage, Copy-hold, Leases for Years or Villenage, with some Services imposed, as going in Person to War to defend them and their Sove­raign, Castle-guard, Carre and Manuopara, and the consented [Page 124] unto Reservations or willing Oblations of doing much of their works of Husbandry, in the hopes of their Justice in their little Courts or petit Soveraignties, Protection, and Assistance against the injuries and oppression of wrong Doers, and the Comfort of a large and free Hospitality, and Charitable uses, together with the Foundation and Endowments of many Ab­bies, Priories, and religious Houses, which obliged both the secular and regular Clergy to love and honour them, Dugdale' s Minas tum An­glicanum, 12. 3. Tom. and the liberi homines or Freeholders were, as unto many of them, only such as had been manumissed, and had from the condi­tion of Servants or Villaines, attained unto the degrees of li­bertini or ingenui, or so fortunate as to have some small Par­cells of Lands in Fee simple or Tail or for life by Gift, Pur­chase, Marriage, or Copy-hold, granted and given by them; most of the Saxon race being so unhappy, as to be content to become Tenants to the Conquerours of their own Lands, whilst the Nobility and Great Men being more desirous of Service, than Money or Rents, granted the Service of Men or Tenants, that held by Knights Fees or Service, or parts thereof, one unto another, which in those times were in so high Esteem, and of such a Value, as Ten Knights Fees were reckoned a Satisfaction for a Release of the Claim of that great Office of High Steward of England, in Fee by Roger Bygott Earl of Norfolk, and his Heirs, to Symon de Montfort Earl of Leicester, Seven and a half whereof being paid, King Henry the Third upon a Reference of the Controversy betwixt the said Earles unto him, made his Award. That the said Symon should Execute the said Office of High Steward, and the said Roger York and Vincent Cata­logue of No­bility. should bring his Action for the other Two Knights Fees and a half; and the English Nobility having all the great offices and places of Honour of the Kingdom, and about the Persons of their Kings, with their Influence, Power, and Au­thority in their great Councels or Parliaments, and thereby the Opportunities of pleasing and displeasing, hurting or help­ing whom they would, were, as to many of them and not a few of the common People, like the righteous Job. ca. 29. Job in his Prosperity, when they came out to the Gates of the City, the Eares that heard them blessed them, the Eyes that saw them gave Wit­ness unto them; they delivered the Poor that cryed, and the Father­less, and them that had none to help them; the Blessing of those that were ready to perish came upon them; they caused the Widdows hearts to sing for joy; were Eyes to the blind, Feet to the lame, and Fa­thers to the poor; brake the Jawes of the Wicked, and pluckt the Spoyl out of their Mouths, their Root was spread out by the Waters, and [Page 125] the Dew lay all night upon their Branches, they gave ear unto them, waited and kept silence at their Councel.

And could not be slighted or taken to be Benefits of a small size or esteem, but to be very great and worthy the seeking and obtaining, when Threescore and Ten Thousand Knights Fees, every one of which being then no small Estate, either as to the extent of the Sir Edward Cokes 1 part Institutes tit. Escuage. 51 [...]. Et Ordericus Vitalis. Lands, or the Value thereof, as Or­dericus Vitalis, who lived in the time of the Conqueror, hath num­bred them, or but about Thirty two Thousand, as Mr. Selden believeth, were given by William the Conqueror to his Nobility, Great Men, and Followers to be holden of him, his Heirs, and Successors in Capite, and all the other Lands of the King­dom, except those large quantities which were King Edward the Confessor, as appertaining to the Crown of England, and what else he kept in his own Possession and Demesne, and besides what he endowed and founded divers Abbys, Mona­steries, Priories, and Nunneries withal, to hold of him and his Heirs and Successors in Capite, and by Knights Service, were again, as unto a great part thereof, distributed and gran­ted by his Nobility, great Men, and Followers to their De­pendants, Servants, Tenants, and Friends to hold of them by Knight-Service. Which drawing to it by the Feudal Laws, part of the fundamental Laws of England, and incorporated therein, Wardships (no Slavery, Burden, or Grievance, if rightly used or understood but a Protection, Comfort, and Benefit, as well publick as private) Reliefs, Education, Protection, and Marriage of their Heirs in their Minority, which was the great­est Concernment of their Families, did put and render the Commonalty under the Patronage and Tutelage of the No­bility, and great Men Subordinate to the King their Soveraign, and common Parent, which many other Nations, and the greatest Pretenders, and Enjoyers of Liberties in the Christi­an World, have not onely deemed, but experimented to be an Happiness.

Insomuch as if it were to be tryed by the Suffrage and Experience of our English Ancestors, if they could from the Dead be produced and heard to speak in the Affairs and Case of England, and a due Consideration had of the Security had, and long enjoyed by the Northern parts thereof by the Tenures by Cornage, assisted by that of Knight-Service and Capite, and the Residence of the Baronage of those Countryes, against the dayly and nightly Incursions, and Spoil of their then ill Neigh­bours, the Picts and Scots, which amounted unto as much or more than the costly Wall and Fortifications, which the Ro­mans [Page 126] built and provided against them, together with the Safe­ty and Guard, which a great part of England hath been often defended by the Lords Marchers, against the Hostilities and Unquietness of the Welch, it's former Owners, would bring us in a verdict of O felices! bona si sua nôrint.

Which must needs attract the Love, good Will, Fear, Awe, and Obedience of the People, who so well understood their own conditions, and that of the Nobility, as to believe that, to quarrel or be disobliging unto any of them, was to fall foul, or out of the favour of all their great Alliances, Friends, Kindred, numberless Tenants, Servants, Retainers, Depen­dants, and well-Wishers; many of which being their own Relations, Friends, or Kindred, might either help on, and bring upon them a most certain and inevitable Ruine, or put their small and fainting Estates into a languishing Condition, when any, the least, Offences taken or given, would be sure to effect it, in the Displeasure of those, who until the Reign of King Edward the First, and some Ages after, were so high and potent.

As that Ferrers Earl of Darby, an Opposite to King Henry the Third, in the Baron's Wars, had Twenty Lordships in Barke­shire, Three in Wiltshire, in Essex Five, in Oxfordshire Seven, in Warwickshire Six, in Lincolnshire Two, in Buckinghamshire Two, in Gloucestershire One, Herefordshire Two, Hantshire Three, Notting­hamshire Three, Leicestershire Thirty-Five, Derbyshire One Hundred and Fourteen, Staffordshire Seven, of which was Chedley a parcel, whereunto that part of Staffordshire appertained; and besides had the Castle and Borough of Tudbury in that County, toge­ther with many Advowsons, Dugdale' s Baronage. 1 Tom. 257. Patronages, &c. and Knights Fees holding of him in those and other parts of England.

An Ancestor of Gilbert de Gaunt, a partaker of the Norman Conquest, another Opposite of King Henry the Third, had in the Conquerors Survey One Lordship in Barkshire, Three in York­shire, Six in Cambridgeshire, Two in Buckinghamshire, One in Hun­tingtonshire, Five in Northamptonshire, One in Rutland, One in Lei­cestershire, One in Warwickshire, Eighteen in Nottinghamshire, One Hundred and Thirteen in Lincolnshire, with Folkingham, which was the Head of his Barony; besides Knights Fees of those that held of him Patronages, and Advowsons, Fairs, Markets, As­size of Bread and Beer, Pillory, and Tumbrel, &c.

Symon de Montfort Earl of Leicester was in the right of Ami­cia, one of the Sisters and Co-heirs of Robert Fitz Parnel, a Norman Earl of Leicester, Lord high Steward of England, in Fee, an Office of Large Dugdale' s Baronage. 1 Tom. 83. Authority and Esteem, had in War­wickshire [Page 127] Sixty-Four Lordships, in Leicestershire. Sixteen, in Wilt­shire Seven, in Northamptonshire Three, in Gloucestershire One; be­sides many Knights Fees of those that held of him, Advow­sons, Patronages, Fairs, Markets, and the priviledges of Pil­lory, Tumbrel, and the Assize of Bread and Beer.

The Earl of Gloucester Idem. 207. 213, 214. and Hartford had Thirty-Eight Lord­ships in Surrey, Thirty-Five in Essex, Three in Cambridgeshire, Halling and Bermeling Castle in Kent, Haresfeild in Middlesex, Sudtime in Wiltshire, Leviston in Devonshire, Ninety-Five in Suffolke, besides Thirteen Burgages in or near Ipswich, of which Clare was one, from whence that Family took their Surname, or it from them, had the Town and Castle of Tunbridge in Kent, the Castle of Brianels in the County of Gloucester; and whilst the King and his Son Edward were Prisoners at Lewis, obtained a Grant under the Great Seal of all the Lands, and large Possessions of Iohn Warren Earl of Surrey, to hold at the King's Pleasure, except the Castles of Rigate and Lewis, was one of the Chief that extorted a Commission from the King, authorizing Ste­phen Bishop of Chichester, Symon Montfort, and himself, to nomi­nate Claus 2 part 48 H. 3. m. 10. Nine, as well Prelates as Barons, to manage all things according to the Laws and Customes of the Kingdom, until the Determinations should be made at Lewis (and others which they better liked should take Effect.)

Awbrey de Vere Dugdale' s Baronage 1 Tom. 188. in the general Survey of William the Con­queror, had Cheviston now Kensington, Geling and Emingford in com Hunt. Nine Lordships in Suffolk, Fourteen in Essex, whereof Colne, Hengham, and Bentley were part, in Warwickshire Six, in Leicestershire Fourteen, in Northamptonshire Six, in Oxfordshire Two, and in Wiltshire Ten; a Descendant of whom had in the Raign of King Stephen, together with Richard Basset Justice of Eng­land custodiam Comitatus, and executed the Sheriffs Offices of Sur­rey, Cambridge, Huntington, Essex, Hartford, Northampton, Leice­ster, Norfolk, Suffolk, Buckingham, and Bedford, had by the Grant of Maud the Empress, and King Henry the Second her Son by inheritance, the Earldom of Oxford, granted unto him and his Heirs, and Mannor and Castle of Caufeild, in the Coun­ty of Essex, and the Office of Lord Great Chamberlain of Eng­land in Fee, with the Castles of Hengham or Hedingham, and Campes to be holden by that Service, and divers other Lands, and Possession of a great yearly Value, had before the Fourth Year of the Raign of King Henry the Third, by the Marriage of the Daughter and Heir of the Lord Bulbeck, many Man­nors and Lands in the Counties of Buckingham and Cambridge, and by the Marriage of the Daughter and Heir of Gilbert Lord [Page 128] Sanford, the Inheritance of divers Mannors and Lands in the Counties of Essex and Hartford, and a Grant in Fee to be Chamberlain to the Queen die Coronationis suae, with divers Pri­viledges, and One Hundred Knights Fees holden of them, one whereof was by the Heirs of Mordaunt for Lands in Essex, to come compleatly Armed, as Champion to the Heir of the Family, and Earls of Oxford, in the great Hall of Hedingham Castle upon the day of his Nuptials, to defy and fight with any that should deny him to be Earl of Oxford; and another for the Mannor of Horseth in the County of Cambridge, hol­den by the Family of Allington, now the Lord Allington of the Kingdom of Ireland, by the Service of holding the Earl of Oxford's Stirrop die nuptiarum, which was actually performed in the Raign of Queen Elizabeth the day of the Marriage of Edward Earl of Oxford with the Daughter of the Lord Burgh­ley.

Roger Bygod in the Conquerors Time, did possess Six Lord­ships in Essex, and One Hundred Seventeen in Suffolk, had a Grant in the Raign of King Henry the Second, of the Man­nors of Ersham, Walsham, Alvergate, and Aclay, and the Honour of Eye, in the County of Suffolk, the Custody of the Castle of Norwich, and a Grant of the Office of high Steward of Eng­land, to hold and enjoy in as ample manner, as Roger Bygod his Father had held it in the time of King Henry the First, was Earl Marshal of England by Inheritance, and had thereby a great Command and Authority in the King's Armies, and all his Martial Affairs, registred in his Marshals Rolls those many Thousands, who as Tenants in Capite came into the Army to Spelman' s Glossard. & in libro rubro de Scac. perform their Service, by which also they were enabled to receive Escuage after of those that were their Under-tenants, and held of them, and did not come to do their Service, was in times of Peace as in War, to appease Tumults, to Guard the King's Palace, distribute Liveries, and Allowances to the Officers thereof, attend at the doing of Homages, have a Fee of every Baron made a Knight, and to receive of every Earl doing Homage, a Palfry, and Furniture.

Hugh de Montfort Ancestor of Peter de Montfort, one of the Twenty-Four enforced Conservators for the Kingdom, in the said Raign of King Henry the Third, had in the general Survey Twenty-Eight Mannors in Kent, besides a large proportion of Rumney Marsh, Sixteen in Essex, Fifty-one in Suffolk, and Nine­teen in Norfolk, a Descendant of whom had in 12. Henry the Second, holden of him Ten Knights Fees, and a Fourth part de veteri feoffamento, and was seized of the Mannor of Welles­borne [Page 129] in com Leic, which Peter had in 12 Henry the Third, the Mannor of Beldesert in Comitat' Stafford, in Anno 35 Henry the Third, was Governor of Horeston Castle in Derbyshire, in Forty-One War­den of the Marches of Wales towards Montgomery, and also of the Castles of Salop and Bruges, was Sheriff Dugdale' s Ba­ronage. 1 Tom. 407. 408. 409. of the Counties of Salop and Stafford; and so likewise for the next ensuing Year had the Custody of the Castles of Bruges, and Ellesmere, in Anno 47. Henry the Third was Governor of the Castles of Corff and Shirburne, and of the Castle and Mannor of Segge­wick; and was in Anno 49. Eiusdem Regis made by that King's Imprisoned Seal, Governor of Whittenton Castle in Shropshire.

Gilbert de Segrave the Son of Hereward held the Mannor of Segrave in Com' Leic', with the Fourth part of a Knight's Fee, had a Grant of the King of the Lands of Stephen de Gaunt, in the Counties of Lincolne and Leicester, in the 5th. of Henry the Third was Sheriff of the Counties of Essex and Hartford, and the Two next ensuing Years, in the 6th. of Lincolnshire for Three parts of the Year, and to the 8th, in 11th. Henry the Third Sheriff of Buckingham and Bedfordshire, and continued until the 18th, in the 10th. of Henry the Third was a Justice itinerant for Nottingham and Derby-shires, purchased Mount Sorrel in the Coun­ty of Leicester, in the 16th. Henry the Third, had the Custody of the Castle of Northampton, and of the Counties of Bucking­ham, Bedford, Warwick, and Leicester for the term of his Life, taking the whole Profits of all those Counties for his Support in that Service, excepting the ancient Farms which had been usually paid in the Exchequer, with the Encrease which in King Henry the Seconds time Dugdale's Baronage. 1 Tom. 671. and 672. had been answered for them, was Chief Justice of the Court of Common-Pleas in 2d. Henry the Third, when upon the removal of Hubert de Burgh he was made Cheif Justice of England, and had likewise the Mannor of Almonsbury in com' Huntington.

Hugh Despencer idem ibi­dem 389. was in the Eighth Year of the Raign of King Henry the Third, constituted Sheriff of the Counties of Salop and Stafford, Governor of the Castles of Salop and Bridge­north, in the 10th. of Henry the Third, Sheriff of Berkshire, and Governor of Wallingford Castle, and in the 17th. of Bolsoner Castle in com' Derby, in 44th. was by the rebellious Barons made Chief Justice of England, after the Battle of Lewes Go­vernour of Oxford Castle in Suffolk, the Devises in Wiltshire, Ox­ford, and Nottingham Castle, Bernard in the Bishoprick of Dur­ham, and one of the Twenty-Four Conservators for managing the Affairs of the Realm, was seized of the Mannor of Ryhal in com' Rotel', Leghere and Wykes in com' Essex, Bernewell in com' [Page 130] Northampton, Wycomb in com' Buck', Soham in com' Cant', Berewick, Winterborne, Basset in com' Wilts, & Speke in com' Berk, whose Grand-child Hugh le Despencer in the Raign of King Edward the Second, was possessed of no less than Fifty-Nine Lordships in several Counties, Twenty-Eight-Thousand Sheep, One Thousand Oxen and Steers, Twelve Hundred Kine with their Calves, Sixty Mares with their Colts Two Years old, One Hundred Sixty draught Horses, Two Thousand Hogs, Three Hundred Bullocks, [...]. [...]9 [...]. and [...]7. Sixty Tuns of Wine, Six Hundred Bacons, Eighty Carkases of Martilmas Beef, Six Hundred Muttons in the Larder, Ten Tuns of Cider, with Armes, Plate, Jewels, and ready Money to the value of Ten Thousand Pounds, Thirty-Six Sacks of Wool, besides a Library of Books.

Humfrey de Bohun, whose Descendant joyned with the Ba­rons against King Henry the Third, had in Anno 12. Henry the Second, Thirty and a half Knights Fees, de veteri feoffamento, and Nine and a half de novo, was Earl of Hereford, and Constable of England by descent from his Mother, his ibid. 180. and 181. Son Henry de Bo­hun answered Fifty Marks, and a Palfre [...] to the King for Twenty Knights Fees, belonging to the Honor of Huntington, had the Earldom of Essex, and a very great Estate of Lands belong­ing thereunto, descended unto him by Maud Countess of Essex his Mother, together with a great Estate of Lands, which came unto her from Isabel third Daughter and Co-heir of Wil­liam Earl of Gloucester, had likewise Lands in Haresfeild in com' Glouc' holden by the service of Constable of England, the Man­nors of Shudham and W [...]tnorst, Kineton in com' Hunt', and Walden in com' Essex.

Vescy, one of the Barons against King Henry the third, was at the time of the Norman Conquest seized of one Mannor in com' Northtamp', two in ibid 89. and 90. Warwickshire, seven in the County of Lincoln, nine in Leic', the Castles and Baronies of Alnewick in com' Nor­thumberland, and Multon in com' Eboru', had besides vast Posses­sions bestowed on him by King Henry the first, the Mills of Warner, Bodele, and Spilsham with eleven Mannors, divers Lands, and Tenements in the City of York, and whatsoever he held of David King of Scotland, and Henry his Son, the Arch-Bi­shop of York, Bishop of Duresme, of the Earl of Richmond, Gef­fry Estcland, and Richard fitz Paine, Roger de Moubray, William Fossard, William Paganell, the Earl of Albemarle, Roger de Clare, Gilbert de Gant, Roger de Beauchampe, Henry de Campaine, Ralph the Son of Bogan, the Earl of Chester, Abbess of Berking, Wil­liam de Sailley, and of all the Fee of Thurstane the Son of Ro­bert de Mansfeild, had likewise the Mannors of Ellerton and [Page 131] Cansfeild, and was Governour of the Castle of Bamburgh, in com' Northum', seized of the Mannors of Brentune, Propertime, Pecheston, and Sornneston, Burgh, and Knaresburgh, in the Coun­ty of York, Barony of Halton, and Constabulary of Chester, a Des­cendant whereof had in the Raign of King Henry the Second, twenty Knights Fees de veteri feoffamento, and many de novo, that held of him had in 32d. Henry the third in the Right of Agnes his Wife, one of the Daughters of William de Ferrers Earl of Derby, partition of the Lands in Ireland, which did belong to William Marshal Earl of Pembroke.

Whose Ancestor had in the 2d. Henry the Second, Lands of a great Yearly value in Westcombe, ibid. 599. Marleburgh, and Cri [...]l in com' Wilts' given unto him by the King, with the Office of Earl Marshal, and all other Lands holden of him in Eng­land or else-where, had a Grant of the Mannor of Boseham in com' Suff', with the Lastage and Hundred, the Lordships of Westive and Bodewin, with the Hundred of Bodewin, all the Lands which the Earl of Eureux held in England (except the Mannor of Marlow) all the Lands of Hugh de Gournay lying in the Counties of Norfolk and Suff', Kaule and Castre, and all the Lands of Hugh de Ayer in com' Norf', the Office of Marshal of Ireland in Fee, with the Cantred within which the Town of Kildman was Scituate, was Warden of the Marches of Wales, Sheriff of Lincolnshire, and Governour of the Castles of Oswastre and Shrawardine, had the Mannor of Hengham in com' Norf' with the Advowsons of the Church thereof, in Anno 16th of King John executed the Office of Sheriff of Lincolnshire, for three parts of that Year, and likewise in the 17th. in which he was associated with John fitz Robert, of the Counties of Norfolk and Suffolk; as also in the Custody of the Castles of Norwich, Oxford, and Dorchester, was Sheriff of Warwickshire, and Governour of the Castle of Worcester in the time of the Barons Wars, in the first Year of the Raign of King Henry the third made Sheriff of Hantshire, and Governour of the Castle of De­vizes in com' Wilts', had a Grant of all the Lands of William de St. John, who in the 49th. Year of Henry the third, took part with the rebellious Barons.

William de Percy, descended from Manfred, a Dane, coming Dugdale's Ba­ronage Tom 1. 269. out of Denmark, with the fierce and famous Rollo into Nor­mandy, and thence with William the Conqueror into England, and much beloved by him, had granted unto him by him vast Possessions in the Realm, as appeareth by the General Survey in Dooms-day Book, viz. Ambledune in Hanshire, divers Lordships in Lincolnshire, and in Yorkshire eighty-six, whereof Topoline in [Page 132] the North Riding was one, and Spofford in the West Riding ano­ther.

Camois, a Baron against King Henry the Third, was in Anno 26th. of his Raign for that half Year Sheriff of the Counties of Surrey and Sussex, and from that time until the one half Year of the 30th. of his Raign seized of the Mannor of Wo­deton in the County of Surrey, Ditton in com' Cantabr', Burwel in com' Oxon', Torpel in com' Northamp', and of divers Knights Fees in other Counties.

D'Eynill ibid 59 [...]. was in 41. and 44. Henry the third, Justice or Warden of all the Forrests beyond Trent, in Anno 47. Gover­nour of the Castle of York, and in 48. of the Castle of Scar­borough, from Michaelmas 48. was Sheriff of Yorkshire, until the Battle of Evesham, where he was against the King.

Monchensey was one of the rebellious Barons at the Battle of g ibid. 561. Lewes, had great Possessions in the Counties of Essex, Norfolk, Glou', Kent, and Northampton.

The Lord Lovetot, ibid 57 [...]. one of the rebellious Barons, was in the last half Year of 39th. Henry the third Sheriff of the Coun­ties of Nottingham and Derby, and Governour of Bolsaver Ca­stle.

Henry Hastings, sideing ibid. 575. with the Barons, was in the 48. Year of the Raign of Henry the third, made Governour of the Castle of Scarborough in com' Eborum, and of the Castle of Win­chester.

Bobert de Roos ibid 545. had great Possessions, amongst others the Castle and Barony of Helmesley or Hamlake in Yorkshire, the Ca­stle and Barony of Warke in Northumberland, and the Barony of Trusbut, being of the part of the rebellious Barons was for some time Governour of Hereford Castle, when Prince Edward was there detained Prisoner, in 42. Henry the third, answered for four Knights Fees and an half, and an eighth part in Lin­colnshire, fifty-two Thirds, a twelfth and a twentieth in York­shire, ten for his Barony of Trusbut, four and a fourth and third part of Warter.

Adam de Novo Mercato, ibid. 435. and 436. descended from Bernard de Newmarch, one of the followers of William the Conqueror, subdued to him­self three Cantreds being the most part, if not the whole, of the Country of Brecknock in Wales, had in 8th. Henry the third the Barony of Bayeux, and in the 47th and 48th divers Lands in the County of Lincolne, and the Mannor of Wilmaresly, Camp­shall, Thorne, Bentley, and Archley in com' Ebor'.

Colvile ibid. 626. was seized in the Raign of King Henry the third, against whom he took Arms, of the Castle of Bitham in the [Page 133] County of Lincolne, and of his Purparty of fifteen Knights Fees in the said County.

Roger Bertram ibid. 544. had the Castle and Barony of Mitford, with thirty-three Mannors belonging unto it, in the County of Nor­thumberland, and was in rebellion against King Henry the third.

Robert de Nevil, ibid. 2 [...]7. a great Baron and Lord of Raby in the Bishoprick of Durham, was Sheriff of Norfolke in 2d. Henry the second, Captain General of the King's Forces beyond Trent, in 47. Henry the third, Sheriff of the County of York, Gover­nour of the Castle thereof, and of the strong Castle of the Devises in the County of Wilts, and in 48th. Henry the third, Warden of all the Forrests beyond Trent, and Governour of the Castle of York, was against the King at the Battle of Lewes.

Fitz Alan of Clun, ibid 315. from whom the Earles of Arundel des­cended, enjoyed a great Estate, and was against the King at the Battle of Lewes.

Robert de Vipont, ibid 347. one of the rebellious Barons of King Hen­ry the third, had by the Grant of King John the Castles of Ap­pleby and Burgh in the County of Cumberland, together with the Baylewick or Shrievalty of the County of Westmorland, to him and the Heirs of his then Wife, unto which Barony belonged the said Mannors of Appleby and Burgh under Stanemore, Flaxbridge-Park, Forrests, and Chases of Winefell, and Mallerstang, Broug­ham Castle, with fifty-seven Mannors more in the County of Cumberland and Westmoreland, in the first, second, and sixth Year of the Raign of King Henry the third, was Sheriff of Cumberland, and Governour of Caerlisle, in the tenth one of the Justices iti­nerant in the County of York, and in the eleventh one of the Justices of the Court of Common-Pleas.

Henry de Neuburgh Dugdale's Baronage. 1 Tom. tit. Warwick 72. in Normandy, a younger Son of Roger de Bellomont Earl of Mellent, had the Castle and Borough of Warwick bestowed upon him by William the Conqueror, with the large Possessions of Turketill de VVarwick, who had the Reputation of Earl of VVarwick, although he was but in the nature of a Lieutenant to the Earl of Mercia, had Wedge­nock Park with the Castle of Warwick, Mannors of Tamworth, Claverdon, and Manton Mauduit in com' Warr', the Mannors of Gre­tham, and Cotes-more in com' Rotel', with some Lands in the Coun­ty of Worcester, the Mannor of Chadworth in com' Glou', in 12. or 13. Regis Johannis, Henry Earl of Warwick certified one hun­dred and two Knights Fees, with a third part of a Knights Fee, and had by the Gift of that King the Seigneury of Gowerland in Wales, which an Ancestor of his is long before said to have [Page 134] Conquered, was Owner of the Castle, Mannor, and Priory of Kenilworth in com' Warwick, gave to Geoffry de Clinton the Sherival­ty of the County of Warwick to him and his Heirs, to be hol­den of him and his Heirs; and in Anno 25. Henry the third, Earl Thomas gave a Fine of a hundred and eighty Marks to the King over and above his Scutage, that he might be discharged from his Attendance upon him in his Expedition into Gascoigne, and that he might levy the like upon his Tenants gave One Hundred Twenty Pounds more.

And of no less Power and Authority with and over the Common People were the rest of our English Nobility, which took up Armes with the King, or stood Dugdale's Baronage. 1 Tom 44. Neutrals, or at a Gaze, until they saw what would become of him; witness that of the Earl of Chester, who executed the Office of Sheriff by his Deputies, for the Counties of Salop and Stafford, in the 2d. 3d, 4th, 5th, 7th, and part of the 8th. of Henry the third, for the County of Lancaster in the 3d. 4th, 5th, 6th, and the latter end of the 16th. was seized of the whole Dugdale's Baronage. 1 Tom 32 and 34. County and Lands of Chester, with Royal Jurisdiction, Tenenda per Gladiune it à liberè sicut Rex ipse tenebat Angliam per Coronam, at the time of the general Survey of the Conqueror was Count Pala­tine thereof, had nine Mannors in Barkshire, in Devonshire two, in Yorkshire seven, in Wiltsshire six, in Dorsetshire ten, in Somerset­shire four, in Suffolk thirty-two, in Norfolk twelve, in Hantshire one, in Oxfordshire five, in Buckinghamshire three, in Gloucestershire four, in Huntingtonshire two, in Nottinghamshire four, in Warwickshire one, in Leicestershire twenty-two; fifteen great Men of Estate in Cheshire, his Barons, holding Lands of him and his Heirs, as Willielmus Malbane, Gislebertus de Venables, Rad Venator, &c. and was seized of that Mountainous part of Yorkshire and Westmoreland cal­led Stanemore.

Unto one of whose Descendants, or Family, King Stephen gave the City and Castle of Lincolne, with License to Fortify the Town thereof, and to enjoy it until he rendred unto him the Castle of Tickhil in Yorkshire; granted likewise unto him the Castle of Belvoir, with all the Lands thereunto belonging; all the Lands of William de Albini, Grantham with all its Soke there­unto belonging, Newcastle in Staffordshire, with the Soke of Roely in com' Leic', Corkeley in Lincolnshire, the Town of Derby with the appurtenances, Mansfield in com' Nott', Stonely in Warwickshire with their appurtenances, the Wapentake of Oswardbeck in com' Nott', and all the Lands of Roger de Busty, with the Honour of Blythe, and all the Lands of Roger de Poictou, from Northamptom to Scot­land, (excepting that which belonged to Roger de Montbegon in [Page 135] Lincolnshire) all the Lands betwixt the Rivers of Ribble and Merse in Lancashire, the Lands which he had in Demesne in the Man­nor of Grimsby in com' Lincolne, and all the Lands which the Earl of Gloucester had in Demesne in that Mannor, the Honour of Eye, Nottingham, Barony, and Castle, Stafford, and the whole County of Stafford (except the Fees of the Bishop of Chester, Earl Robert Ferrers, Hugh de Mortimer, Gervase Paganel, and the Forrest of Canoc, the Fees of Alan de Lincolne, Ernise de Burun, Hugh de Scoteny, Robert de Chalz, Rafe Fitz Oates, Norman de Verdun, and Robert de Staford.

Odo, Bishop of Dugdale's Baronage. 1 Tom. 24. 72. Baieux, William the Conquerors half Brother, had one hundred eighty-four Mannors given him in Kent, thirty-nine in Essex, thirty-two in Oxfordshire, Seldens Ti­tles of honour. in Hartfordshire thirty-three, in Buckingham thirty, in Worcestershire two, in Bedfordshire eight, Northamptonshire twelve, in Nottinghamshire five, in Norfolk twenty-two, in Warwickshire six, in Lincolnshire seventy-six, amounting in the whole to Five Hundred Forty-Nine, whereof two hundred eighty he gave, saith Mr. Selden, to his Nephew de Molbraio.

Earl John, Daniel Hist. in the Life of King R: 1. afterwards King of England, had in the Life time of King Richard the First his Brother, the Earldomes of Corn­wall, Dorset, Somerset, Nottingham, Derby, and Lancaster, with the then large Possessions thereof, and had in Marriage with Isabel Daughter and Heir to the Earl of Gloucester, that Earldom, to­gether with the Castles of Marleburgh, Ludgersel, Honours of Wallingford, Tickhil, and Eye.

John Earl of Surrey, and Sussex, had in Yorkshire the great Lordship of Connigsburgh in the Dugdales Baronage. 1 Tom. 74. Soke, whereof were near twenty­eight Towns and Hamlets, Westtune in Shropshire, in Essex twen­ty-one Lordships, in Suffolk eighteen, in Oxfordshire Maple, Dur­ham, and Gaddington, in Hantshire Frehinton, in Cambridgeshire se­ven, in Buckinghamshire Brotone, and Cauretelle, in Huntingtonshire, Chevevaltone, with three other Lordships, in Bedfordshire four, and in Norfolk one hundred thirty-nine, and the Castle of Rigate in Sur­rey, Yale, and Bromfeild, with their large Extents in Shropshire, and was at the Battle of Lewes on the King's part.

Ralph de ibid. 139. & 142. Mortimer had given him by the Conqueror in Berk­shire five Mannors, in Yorkshire eighteen, besides divers Hamlets, in Wiltshire ten, in Hantshire thirteen, in Oxfordshire one, in Wor­cestershire four, in Warwickshire, one, in Lincolnshire seven, in Lei­cestershire one, in Shropshire fifty, in Herefordshire nineteen, be­sides the Castle of Wigmore.

And Roger de Mortimer, Earl of March, a Descendant of the same House and Family, was in the Raigns of King Edward the First and Second, besides their former large Estates in Lands, [Page 136] seized of the Town of Droitwick, and Chace of Malverne in com' Wigorn', the Chase of Cors in com' Glou', the Castle of Trym in Ireland, with its large Territory and Appurtenance, and in VVales the Castles of Kentlies, Dominion of Melenith and Comott, of Duder, Castle of Radnor, with the Territory of VVarthre, and Mannors of Prestmede (or Presteigne) and Kineton, Castles of Ruecklas, and Pulith, Castles and Lordships of Bledleveny and Bulkedinas, Castle and Mannor of Nerberth, Comots of Amgeid, and Pennewick, Castles and Dominions of Montgomery and Bulke­dinas, Mannor and Hundred of Cherbury, Castle of Dolvaren, and Territory of Redevaugh, Town and Territory of Ewyas, Castles of Kery and Rodewin, Castle of Dynebegh, Castle and Can­tred of Buelch, Comots of Ros, Rowenock, Konuegh, and Diomam, and in Somersetshire the Castle of Brugwater, with three Mannors, Bayliwick of the Forrests of North Pederton, Exmore, Noreech, Chich, Mendip, and Warren of Somerton, three Mannors in Kent, one in com' Buck', and one in Staffordshire, and kept in his House a constant Table, in imitation of King Arthurs Round Table, for one hundred Knights.

King Henry the Third, after the Battle of Evesham, gave un­to his Son Edmond to hold to him and the Heirs of his Body the Earldom, Honour, and Lands of Leicester, and Steward­ship of England, the Earldom, Honour, and Lands with the Castles, Mannors, and Lands of Robert de Ferrers Earl of Der­by, and Nicholas de Segrave, the Custody of the Castles of Caer­marden and Cardigan, and Isie of Lundy, the Castle of Sherborne in com' Dors', the Castle of Kenilworth in com' VVarwick, with all the Lands thereunto belonging, the Honour, Earldom, Castle, and Town of Lancaster, and was Count Palatine thereof, with their Appurtenances, together with the Castle of Tutbury, with its great Appurtenances in the County of Stafford, the Honour and Castle of Monmouth, the Honour, Town, and Castle of Leicester, with all the Lands and Knights Fees which Symon de Montfort had.

Whose Son and Heir Thomas Earl of Lancaster, having as an addition to the great Estates in Lands, remaining unto him af­ter his Father, divers other Mannors, Lands, and vast Possessi­ons in the Right of Alice Daughter and Heir of Lacy Earl of Lincolne, appertaining to that Earldom, gave costly Liveries of Furrs, and Purple to Barons, Knights, and Esquires attending in his House, or place of Residence, and paid in the 7th. Year of the Raign of King Edward the Second, Six Hundred Twenty-Three Pounds, Sixteen Shillings, Six Pence, (when a little Mo­ney went as far as a great deal now) to divers Earls, Barons, [Page 137] Knights, and Esquires for Fees, and being in great Discord with King Edward the Second his Nephew concerning Gaveston, the two Despencers Heary [...] Knighton [...] eventibus An­gliae. Lib. [...] p. 23 [...]. and 25 [...]4. Father and Son his Favourites, and some Grievances of the Nation complained of, and the Pope having sent two Cardinals into England, to endeavour a Pacification betwixt them, they with the King, Queen, Arch-Bishop of Canterbury, all the Bishops Cum Comitibus, Baronibus & Magnatibus Regni went to Leicester to have an Enterview and Treaty with the said Thomas Earl of Lancaster, whither the King being come, saith the Historian, Occurrit ei Thomas Comes Lancaster die ei ex hac parte praefixo apud Sotisbrig stipatus pulcherrimâ multitudine hominum cum equis, quod non occurrit quempiam retroactis temporibus vidisse ali­quem Comitem duxisse tàm pulchram multitudinem hominum cum equis sic benè arraitorum scilicet 18. mille, cùmque Rex & Comes obvia­rent, sine magna difficultate osculati sunt, & facti sunt chari Amici quòad intuitum circùm astantium.

In Anno 46. Henry the Third, the King Dugdale's Baronage 1 Tom. 45. 50, and 51. granted to John Earl of Richmond the Honor and Rape of Hastings in com' Sus­sex, and in Anno 29. the Honor of Eagle and Castle of Pe­vensey in com' Sussex, to whose Ancestors William the Conqueror had before granted all the Northern part of the County of York cal­led Richmond, being formerly the Possessions of Earl Edwyn, a Saxon.

Percy, a Ibid. p 269, 272. great Baron in Northumberland, and the Northern parts, had thirty-two Lordships in Lincolneshire, in Yorkshire eighty­six, besides Advowsons, Knights Fees, free Warrens, &c. and was on the King's part at the Battle of Lewes.

Richard Earl of Cornewall had in the 11th. of Henry the Third, a Grant of the whole County of Rutland, in Anno 15. of the Castle and Honor of Wallingford, with the Appurtenances, and the Mannor of Watlington, all the Lands in England, which Queen Ibid. 262. 76 [...]. Isabell the King's Mother held in Dower, the whole County of Cornewall with the Stanneries and Mines, the Castle and Honor of Knaresburgh in the County of York, the Castle of Lidford, and Forrest of Dertmore, the Castle of Barkhamsteed, with the Appurtenances in the County of Hartford, with ma­ny Knights Fees, Advowsons, free Warrens, Liberties, &c.

In the Raign of Henry the Third, William de Valence, after­wards Earl of Pembroke, was seized of the Castle of Hartford with the Appurtenances, of the Mannors of Morton and War­don in com' Glouc', Cherdisle, and Policote in com' Buck', Compton in com' Dors', Sapworth, Colingborow, Swindon, Jutebeach, and Boxford in com' Wilts', Sutton, and Braborne in com' Kanc', and of divers Mannors and Lands in the Counties of Surrey and Sussex.

[Page 138] Robert de Todeney, Ibid. 111. Father of William de Albini, built the Castle of Belvoir, and had seventy-nine Mannors with large Im­munities and Priviledges thereunto belonging.

Beauchamp of Elmeley, of whom the Earls of Warwick of that Name were descended, had by the Grant of King Henry the First bestowed upon him all the Lands of Roger de Wircester, with many Priviledges to those Lands belonging, and like­wise the Shrievalty of Worcestershire to hold as freely as any of his Ancestors had done, had the Castle of Ibid. 225. and 999. Worcester by In­heritance from Emelin de Ubtot, the Mannors of Beckford, Weston, and Luffenham in com' Rutland, executed the Shrievalty of War­wickshire, in 2d. Henry the Second, so also in Gloucestershire, from the 3d. to the 9th. Inclusive for Herefordshire, from the 8th. to the 16th. certified his Knights Fees to be in number Fif­teen, had by Marriage and his Inheritance, the Honor and Castle of Warwick with Wedgenock Park, and all those vast Pos­sessions of the Earldom of Warwick, enjoyed by Earl Walleran or Mauduit Baron of Hanslap his Heir.

Bolebeck of the County of Buckingham, at the time of Willi­am the Conqueror's Survey, was seized of Ricote in com' Oxon', Waltine in com' Hunt', and of Missedene, Elmodesham, Cesteham, Medeinham, Ibid. 451, and 452. Broch, Cetedone, Wedon, Culoreton, Linford Herulf­mede, and Wavendon in com' Buck', and in 11th. Henry the Third, one of that Family certified his Knights Fees holden of the King to be eight, of the Earl of Buckingham twenty.

Another of the same Name and Family, in the County of Northumberland, was enfeoffed of divers Lordships by King Henry the First, one of whose Descendants in 12. Henry the Second, certified his Knights Fees de veteri feoffamento to be four and a half, and three and two Thirds de novo, and left Issue by Margaret his Wife, one of the Sisters and Coheirs of Richard de Montfichet, a great Baron of Essex, Hugh de Bolebeck, who in 4. Henry the Third was Sheriff of Northumberland, and posses­sed of twenty-seven Mannors in that County, with the Grange of Newton, and the Moyety of Bywell.

The Lord Clifford and his Descendants was then and not long after seized of the Borough of Hartlepole in the Bishop­rick of Durham, three Mannors in Dugdale' s Baronage. Tom. 1. 340. Oxfordshire, three in Wilt­shire, Frampton, and part of Lece in com' Glouc', seven in com' Heref', Corfham, Culminton, and three other Mannors in com' Sa­lop', the Castle of Clifford in com' Heref', Mannor of Temedsbury or Tenbury, and five other Mannors in com' VVigorn', Castle and Man­nor of Skipton in Craven, Forrest of Berden, the Chase of Holesdon, the Towns of Sylesdon and Skieldon, with the Hamlets of [Page 139] Swarthowe and Bromiac, third part of the Mannor and Priory of Bolton in com' Eborum', Mannors of Elwick, Stranton, and Brorton in com' Northum', Castles and Mannor of Apleby, Burgh, Pendragon, and Bureham, the Wood of Quintel, twenty-four Man­nors, and the Moiety of the Mannor of Maltby in the Coun­ty of Cumberland, the Mannor of Duston, and eighteen other Mannors in the County of VVestmoreland, together with the Shrievalty of that County to him and his Heirs, descended unto him from the Baron of Vipont.

VVilliam de Peverell, an illegitimate Son of VVilliam the Con­queror, had in the 2d. Year of his Raign (when all places of Trust and Strength were committed to the King's chiefest Friends and Allies) the Castle of Nottingham, then newly Built, given unto him, and with it, or soon after, divers Lands in several Counties of a large Extent; for by the general Survey it appears, that he had then forty four Lordships in Northamp­tonshire, two in Essex, two in Oxfordshire, in Bedfordshire two, in Buckinghamshire nine, in Nottinghamshire fifty-five, with forty-eight Trades-Mens Houses in Nottingham, at Thirty-Six Shillings Rent per Annum, seven Knights Houses and Bordars (of which the Honor of Peverell did consist) in Derbyshire fourteen, and six in Leicestershire.

Roger de Montgomery, Earl of Shrewsbury, had in the Reigns of VVilliam the Conqueror, and his Son VVilliam Rufus, besides great Possessions in Normandy, in VViltshire three Lordships, in Surrey four, in Hantshire nine, in Middlesex eight, in Cambridge­shire eleven, in Hartfordshire one, in Gloucestershire one, in Worce­stershire two, in Warwickshire eleven, in Staffordshire thirty, in Sus­sex seventy-seven, with the City of Chichester, and Castle of Arundell, Dugdale' s Baronage. 26. 1 Tom. and in Shropshire very many, near all that County, with the Castle and Town of Shrewsbury.

Odo, Earl of Albermarle and Holderness, had shortly after the Conquest, given him by William the Conqueror, the large Terri­tory of Holderness, with fifteen Mannors or Lordships in other Counties that would bear Wheat, because he alledged that of Holderness would bear only Oates, and had in the Raign of King Henry the Third, the Barony of Skipton in Craven, Dugdale's Baronage. 60. and 64. 68. 1 Tom. with sixteen Knight-Fees, a Moyety of the Forrest of Allerdale Cal­debec, with the Mannor of Cockermouth in the County of Cum­berland, the Bond Service of the Tenants in Freston, a Mem­ber of Brustwick in Holderness, and in the right of Isabell his Wife, the Castle of Carisbrooke and Isle of Wight.

Robert Ibid. 156. de Stafford was shortly after the Conquest seized of two Lordships in Suffolk, one in Worcestershire, one in Nor­thamptonshire, [Page 140] twenty in Lincolneshire, twenty-six in Warwickshire, with eighty-one in Staffordshire.

Walter Ibid. 174. de Eureux had shortly after the Conquest two Lord­ships in Dorsetshire, three in Somersetshire, one in Surrey, one in Mid­dlesex, two in Hantshire, two in Hartfordshire, two in Buckinghamshire, and thirty-one besides the Mannors of Saresbury and Ambresbury in Wiltshire, and as Sheriff of that County received in Rent one hundred and thirty Hogs, thirty-two Bacons, two bushels and six­teen gallons of Wheat, and as much in Barley, bushells and eight gallons of Oates, thirty-two gallons of Honey or sixteen Shillings, four hundred and forty-eight Hens, one thousand and sixty Eggs, one hundred Cheeses, fifty-two Lambs, two hundred Fleeces of Wool, having likewise one hundred and sixty-two Acres of ara­ble Lands, and amongst the Reves Lands, to the value of Forty Pounds per Annum.

Baldwin Ibid. 254. de Molis, second Son to Gilbert Crispin Earl of Beton, Son of Godfrey Earl of Eu, natural Son of Richard Duke of Normandy, great Grand-Father to William the Conqueror, was one of the principal Persons of the Laity, that won much Fame at the Conquest, and Marrying Aldreda a Neice of the Con­queror, had shortly after the Castle of Exeter granted unto him, and besides Mola and Sappo had given unto him Werne in Dorsetshire, Apely, Portlock, and Mundeford in Somersetshire, one hundred and fifty-nine Lordships in Devonshire, and nineteen Houses in Exeter.

To whose eldest Son Richard was also given the whole Ho­nor and Barony of Okehampton, with the Shrievalty of the Coun­ty of Devon.

Geffry Mandeville Ibid. 260. had given him by the Conqueror in Barkshire four Mannors, in Sussex twenty-six, in Middlesex seven, in Surrey one, in Oxfordshire three, in Cambridgeshire nine, in Hert­fordshire nineteen, in Northamptonshire seven, in Warwickshire two, in Essex forty, with Hurley and the Woods in Barkshire.

Alan Sirnamed Ibid. 46. Rufus, or Fergaint, Son of an Earl of Bri­tany in France, had given him by William the Conqueror the Nor­thern part of the County of York called Richmond, which with what he had in Yorkshire made one hundred and sixty-six Lord­ships, besides the Castle of Richmond, one called the Devises in Wiltshire, in Essex eight, in Hartfordshire two, in Cambridgeshire sixty-three, with ten Burgages in Cambridge, in Herefordshire twelve Mannors, in Northamptonshire one, in Nottinghamshire seven, in Norfolk eighty-one, and in Lincolneshire one hundred and one. To­gether with many others of the Norman Nobility, and Adventurers, who had great quantities of Lands and Posses­sions [Page 141] given unto them by that Conquerour of England.

And some of our English Nobility were so Great, Magna­nimous, and Munificent, Weavers Funeral Mon. 456. ex veteri. M. S. as at the Coronation of King Ed­ward the First, when Alexander King of Scotland his Brother-in-Law came from thence to Westminster, to be present and do him Homage, Sir Edmond Earl of Kent the King's Brother, the Earls of Cornewall, Gloucester, Pembroke, and Earl Warren, each of them by themselves, Led on their Hands one hundred Knights disguise in their Armes, and whame they weren alyght of theyr Horse, they let them goo whedyr they wolde, and they that cowd them take had them stylle at their own lyking.

The great Ancestors of whom, as well as those that stood with or against King Henry the Third, or were but as sad Spec­tators of those tragick Wars, had in their Hospitalities, and huge quantities of Lands holden of them, as may appear by their Certificates of Knights Fees recorded in one part of the Book called the Red-Book of the Exchequer, happily preserved from the Conflagration or great London Fire, several Forrests, Parks, and Chases, with multitudes of Castles in some of their Possessions, had been the Procurers of many of their own and the common peoples Liberties and Priviledges in the often con­firmed Magna Charta, and Charta de Foresta, with divers great Priviledges, Fairs, and Markets, and had given unto them large Commons of Pasture and Estovers, and by their Grants of Markets and Fairs, and likewise by their very many Ad­vowsons, and Patronages of Churches of a great part of which they had been the Founders, Builders, and glebe En­dowers, had to their Spiritual Estates laid upon the Commo­nalty as great Obligations of Gratitude, as they had in the before-recited Temporal Favors and Benefits; besides their granting of Leases of part of their demesne Lands at small Rents, with reservation of some Service, in permitting their Charity and good Will in Copy-hold Lands to Tenants or Servants, or their Widdows or Children, which at the first was but at the Will of the Lord, or for Life or Years to con­tinue and breed into a custom of Inheritance, Secundum con­suetudinent manerii, and enfranchised and made many of them Free-holders, permitted many Copy-hold Fines incertain to be made certain, where they had been anciently at the Will of the Lord, and to be limited by the Chancery or Courts of Justice, to the Rent of two Years improved Value, and when they do in these later times demise any part of their demesne Lands to a Tenant for twenty-one Years, now that the legal Usury or Interest for Money is but six per cent. for ten Years [Page 142] purchase do take, (as many Landlords do now Money before hand at a chargeable Interest) and next to the manifold reitera­ted Blessings of the God of Heaven and Earth, together with the favours and benefits of the Elements, and superior Regi­ons, and astral Influences, by and under the divine Providence, were as much Blest and Happy under their Kings, Princes, Bishops, and Nobility, as any Nation or common People of the World could be, or expect to be, in their Properties, Li­berties, Protection, and Priviledges, whom those great Barons, and Lords Spiritual and Temporal could not imagine, would ever be able either to forget the Good, which they and their Fore-Fathers had received, and they and their after-Generati­ons were like to enjoy under them; or get loose from those many great Ties and Obligations of a never-to-be-forgotten Gratitude, which they had upon them, but thought them­selves very secure from any danger that might happen by any of their Incroachments or Usurpations, by placing any Power, or but a Semblance of Authority for once in the lower Ranks of the People; nor could have believed, that the com­mon People of England, after their solemn Protestations to pre­serve them, and the Government, could after the Murder of their King in their last horrid Rebellion, have Voted them to be useless and dangerous, and being unwilling to leave any of the Divels their Masters business unfinished, did solemnly enforce the deluded Seditious People, under as many severe Penalties as they could lay upon them, not any more to sub­mit to any Government by a King and House of Lords, to whom our Kings had given no Power to make their own Choice, but lodged and onely entrusted it in the Sheriffs, ma­ny of which the rebellious Barons had by Usurpation Ro. Pat. 45. H. 3. M. 3. and 8. of the King's Authority provided before hand to be at this present of their own Party, or were like to be so, or under their Awe and Guidance, wherein they were perceived by the King some Years before, upon their ill-gained Provisions at Oxford, to have been very diligent in making Sheriffs of their own Party, those great Offices being in those times and many Years be­fore, and some few Years after, alwayes put into the Hands and Trust of the Baronage, or Men of great Estate and Power.

Whose Number by Tenures, and Summons by Writs to our King's great Councels or Parliaments, Creations or De­scents, accounted in the Raign of King Henry the Third, to be no less than Two Hundred and Forty, if not many more, and like the tall and stately Cedars of our Nation might well [Page 143] deserve the Titles of Proceres and Magnates, especially when many or most of them were in their Greatness, Goodness, and Authority in their several Stations, like the Tree which Nebuchadnezzar Prophet Daniel 4. ver 11. and 1 [...]. saw in his Vision high and strong, The height whereof reached to the Heaven, the leaves were fair, and the fruit thereof much, the beasts of the field had shadow under it, and the fowles of the heaven dwelt in the boughs thereof, and as ex pede Herculem, the Length and Greatness of Hercules's Foot, decla­red the vast Proportion and Magnitude of the residue of his Body, it was easy to compute, how little were then the Com­mon People, how great the Nobility, whom the Brittaines ancient Inhabitants of our Isle, as the Learned Francis Junius the Son of the no less Learned Francis Junius hath observed, justly stiled them Lhafords Lords, and their Wives Lhafdies La­dies, because they usually gave Bread and Sustenance to those that wanted it, gave License of Marriage to the Widdows of their Thanks by Knight Service, punished their Tenants, so holding their Lands by Writ Cessavit per Biennium, and a For­feiture if not redeemed was Entituled to a Writ of Contra formam Collationis for not performing the Duties and Offices of their Endowments, and the large Revenues and Emoluments appropriated thereunto.

And with the many Accessions, and Devolutions of other Mannors, Lands, Revenues, Estates, Baronies, Titles of Ho­nour, and Offices of State, by Marriages, Descents in Fee, or remainders in Fee-tail, munificent Guifts and Grants of their Kings and Princes, upon Merit and great Services done for them and their Country, or by Purchases guarded by the strength of the Statute De donis 13. E. 1. Conditionalibus, made in the 13th. Year of the Raign of King Edward the First, with the Tye and Obligation of their Tenures, and the Restraints of Alienation, made them to be such Grantz & Magnates, as the common People did in their Disseisins, Intrusions, and Out­rages done one unto another, which in the elder times were very frequent, colour and Shelter Daniel 200. Sir Richard Ba­kers Chroni­cle. 211. those Injuries by or un­der some Title or Conveyances made unto some of the No­bility or great Men of the Kingdom, which caused some of our Kings to grant out Commissions of Ottroy le Baston, vul­garly called Trail Baston, to find out and punish such Evil do­ings, and by the making of some of our later Laws, to re­strain the giving of Liveries, so as until the Writs of Sum­mons granted by King Edward the First, in the 22d. Year of his Raign, to Elect some Knights of the Shires, Citizens, and Burgesses, to give their Assent in Parliaments to such Laws [Page 144] and Things, as by the advice of his Lords Spiritual and Temporal should advise, should by him be ordained (there having been an Intermission of those, or the like kind, of Writs of Summons from the first Contrivance thereof, in the time of the Imprisonment of King Henry the Third, in the 49th. Year of his Raign) it was and ought to be believed, as a matter or thing agreeable to Truth, right Reason, and the Laws and Records of the Kingdom, that the Commons and Freeholders of England were long before, and for many Ages past, as ancient as the British Empire and Monarchy, were to be no part of our Great Councels or Parlia­ments, were never Summoned or Elected to come thi­ther, but had their Votes and Estates, and well Being, as to those great Councels, included in the Lords Spiri­tual and Temporal, and as to their assent or dissent, good or ill liking represented by them, and retaining their well deserved Greatness, were so potent and considerable, as Gilbert de Clare Earl of Gloucester, could after the Battle of Evesham, where he had Fought for the King, March with a formidable Army, composed for the most part of his own Ser­vants, Tenants, Reteiners, and Dependants from the Borders of Wales to London, quarrel and capitulate with his King, that had been but a little before extraordinary Victorious, and with John Warren Earl of Surrey, did after the Death of King Henry the Third, before the Return of his Son Prince Edward from the Wars in the Holy-Land, to take the Crown upon him, at the Solemnization of the Funeral of the deceased King, in the Abbey-Church of Westminster, Mathew Westminster & Ro. Claus. 1. E. 1. M. 1. with the Clergy and People (there Assembled) without their License and Election, go up to the high Altar, and swear their Fealty to the absent King Edward the First his Son.

So beloved, feared, and followed, as the great Earl of War­wick was said in some of our Histories to have been the Pul­ler down, and Setter up of Kings, could with the Earl of Oxford in the dire Contests betwixt King Henry the Sixth, and Edward the Fourth, for the Crown of England, rescue and take by force King Henry the Sixth out of the Tower of London, where he was kept a Prisoner, attend him in a stately and numerous Procession to the Cathedral Church of St. Paul, the one carrying up his Train, and the other bearing the Sword before him to the Church, where they Crowned him, and after a Frown of Fortune, did stoutly, by the help of the Lan­castrian Party, give Battle to King Edward the Fourth at Barnet­field, where but for a Mistake of Oxford's and Warwick's Sol­diers, [Page 145] and their Banners and Badges, fighting one against the other in a Mist, instead of King Edward the Fourth's Men, they had in all Probability prevailed against him.

And the Interest, Alliance, and Estate of that Earl of Ox­ford was so great notwithstanding shortly after in the Kingdom, as although he had very much adventured, suffered and done for King Henry the Seventh, led the Vanguard for him at Bos­worth field against King Richard the Third, and eminently de­served of him, as the Numbers and Equipage of his Servants, Reteiners, Dependants, and Followers did so asfright that King, and muster up his Fears and Jealousies, as being sumptuously Feasted by him at Hedingham Castle in Essex, where he beheld the vast Numbers, goodly Array, and Order of them, he could not forbear at his Departure telling him, That he thankt him for his good Cheer, but could not endure to see his Laws broken in his Sight, and would therefore cause his Attorney General to speak with him; which was in such a manner, as that magnificent and causelesly dreadful Gallantry did after­wards by Fine or Composition cost that Earl Fifteen-Thousand Sir Francis Bacon's Histo­ry of King H. 7. 211. Marks.

Did notwithstanding their great Hospitalities, Magnificent manner of Living, founding of Abbies, Monasteries, and Prio­ries, many and large Donations of Lands to Religious Uses, and building of strong and stately Castles and Palaces, make no small addition to their former Grandeurs, which thorough the Barons Wars, and long lasting and bloody Controversies betwixt the two Royal Houses of York and Lancaster, did in a great Ve­neration, Love, and Awe of the Common People, their Te­nants, Reteiners, and Dependants, continue in those their grand Estates, Powers, and Authorities, until the Raign of King Ed­ward the Fourth; when by the Fiction of common Recoveries, and the Misapplied use of Fines, and more then formerly Ri­ches of many of the common People, gathered out after the middle of the Raign of King Henry the Eighth, by the spoil of the Abbey, and religiously devoted Lands, in which ma­ny of the Nobility by Guifts and Grants of King Henry the Eighth, King Edward the Sixth, and Queen Elizabeth, in Fee or Fee-tail had very great shares, brought those great Estates of our famous English Baronage to a lower condition, than e­ver their great Ancestors could believe their Posterities should meet with, and made the Common People, that were wont to stand in the outward Courts of the Temple of Honour, and glad but to look in thereat, fondly imagine themselves to have arrived to a greater degree of Equality than they should claim, or can tell how to deserve.

[Page 146] And might amongst very many of their barbarously neglec­ting Gratitudes remember, that in the times in and after the Norman Conquest, when Escuage was a principal way or man­ner of the Peoples Aides, especially those that did hold in Capite or of Mesne Lords under them, to their Soveraign for publick Affairs or Defence, the Lords Spiritual and Tempo­ral being then the only parts of the Parliament under their Sove­raign, & the sole Grand Councel of the Kingdom under him, did not only Assess in Parliament, and cause to be leavied the Es­cuage, but bear the greatest part of the Burden thereof them­selves, that which the common People did in after times in certain proportions of their Moveables, and other Estates, or in the Ninth Sheaf of Wheat, and the Ninth Lamb, being until the Dissolution of the Abbies and Monasteries in the latter end of the Raign of King Henry the Eighth, when they were greatly enriched by it, did not bear so great a part of the Burdens, Aides, or Taxes, or much or comparable to that which lay upon the far greater Estates of the Nobility, there having been, in former Times, very great and frequent Wars in France and Scotland; & no Escuage, saith Sir Coke 1. In­stitut. Lib. 2. Cap. 3. Tit. Escuage Mat. Paris. Edward Coke, hath been Asses­sed by Parliament since the 8th. Year of the Raign of King Ed­ward the Second.

Howsoever the Commons, and Common People of Eng­land (for all are not certainly comprehended under that Noti­on) their Ancestors before them and their Posterities and Ge­nerations to come after them, lying under so great and con­tinued Obligations, and bonds of an eternal Gratitude and Ac­knowledgement, to the Baronage and Lords Spiritual and Temporal of England and Wales, for such Liberties and Privi­ledges as have been granted unto them, with those also which at their Requests and Pursuits have been Indulged or Permit­ted unto them by our and their Kings and Princes successive­ly, will never be able to find and produce any Earlier or other Original for the Commons of England, to have any Knights, Citizens, or Burgesses, admitted into our Kings and Princes great Councels in Parliament, until the aforesaid imprison­ment of King Henry the Third, in the 48th. and 49th. Year of his Raign, and the force which was put upon him by Sy­mon Montfort Earl of Leicester, and his Party of Rebels.

SECT. XII.

That the asoresaid Writ of Summons made in that King's Name to Elect a certain Number of Knights, Citizens, and Burgesses, and the Probos homines, good and honest Men or Barons of the Cinque Ports, to appear for or represent some part of the Commons of Eng­land in Parliament, being enforced from King Henry the Third, in the 48th. and 49th. Year of his Raign, when he was a Prisoner to Symon de Montfort Earl of Leicester, and under the Power of him, and his Party of rebellious Barons, was never before used in any Wittenagemots, Mikel-gemots, or great Councels of our Kings or Princes of England.

FOr, saith the very learned and industrious Sir William Dug­dale Knight, Garter King of Armes, unto whom that Observation by the dates of those Writs is only and before all other Men to be for the punctual, particular, ex­press, and undeniable Evidence thereof justly ascribed, which were not entered in the Rolls (as Dugdale's Origenes ju­ridiciales. 13. cap. 4, and 5. all or most of that sort have since been done) but two of them, three saith Mr. Wil­liam Pryn's Ani­madversions upon Sir Ed­ward Cokes 4. part of the Institutes. Pryn, instead of more in Schedules tacked, or sowed there­unto:

For although Mr. Henry Elsing, sometimes Clerk to the Ho­nourable House of Commons in Parliament, in his Book En­tituled, The ancient and present manner of holding Parliaments in England, Elsing's an­cient and pre­sent manner of holding Parliaments of England. Printed in the Year 1663. but Written long be­fore his Death, when he would declare by what Warrants the Writs for the Election of the Commons assembled in Par­liament, and the Writ of Summons of the Lords in Parlia­ment were procured, saith, That King Henry the Third, in the 49th. Year of his Raign, when those Writs were made, was a Prisoner to Symon de Montfort, and could not but acknow­ledge, that it did not appear unto him by the first Record of the Writs of Summons now extant, by what Warrant the Lord Chancellor had in the 49th. Year of the Raign of that King, caused those Writs of Summons to Parliaments to be made.

Howbeit most certain it is, saith Sir William Dugdale, That those Writs of Election, made in the Name of King Henry the Third, to send Knights and Burgesses to the Parliament, were by a Force put upon his Great Seal of England, as much as upon himself, when they had him as a Prisoner of War in their Custody, and kept him so, as our Chronicles, Histori­ans, [Page 148] and Annals Sir Richard Bakers Chro­nicle. 96. Sam. Daniel Hist. 180. Dugdale's Ba­ronage tit. Mortimer 141 in margine. have Recorded it, for an Year and a quarter, carrying him about with them to countenance their rebellious Actions; for the Battle of Lewis, wherein he was made a Prisoner, was upon the 14th of May in the 48th. and that of Evesham, which released him, the 4th. day of August, in the 49th. Year of his Raign.

And there is no Testimony Ro. claus. 22. E. 1. m. 4. in dorso. or Record to be found of any other the like Writ of Election made afterwards, un­till the 22d. Year of King Edward the First, although there were several Parliaments, or Magna Concilia convocated, and held in the mean time; and if our Ancestors had not been so misled and abused by the Rebels in the Raign of King John, and his Son King Henry the Third, there are enough yet a­live, who can sadly remember, how a more transcendantly wicked hypocritical Party have since adventured to make out and frame, until they had Murthered him, counterfeit Writs, Commissions, and Summons of Parliament, in the Name of our Religious King CHARLES the Martyr, and make as much as they could His Royal Authority to Fight against His Per­son.

And there is no Certainty or pregnant Evidence, saith Mr. William Pryn, who being a Lawyer, and a long and ancient Member of the House of Commons in Parliament, did so much adore the Power and Preheminence thereof, as adventuring the Loss of his Estate, Body and Soul with them therein, could find no better a Foundation or Pedigree to bestow up­on them, than the Captivity and Imprisonment of a distressed unfortunate King, but saith, That there were not any Knights, Citizens, Burgesses, or House of Commons, in the Confes­sors, or Conquerors Raigns, or any of our Saxon or Danish Kings; nor before the latter end of King Pryns Ani­madversions upon Sir Ed­ward Cokes 4 part of the In­stitutes p 2. and in his Re­gister or Sur­very of Parlia­mentary writs 304. Henry the Third's Raign; for although Polydore Virgill, and others do refer the Original of our Parliaments to the Council holden at Salis­bury in the 16th. Year of King Henry the First, there is not one Syllable in any of our ancient Historians concerning Knights, Citizens, and Burgesses present in that Councel, as saith the Learned Sir Henry Spelman, in these words, viz.

Rex perindè qui totius regni Dominus est Supremus, regnumque universum tàm in personis Baronum suorum quàm è subditorum Ligean­cia ex jure Coronae suae subjectum Spelmaus Glossar' tit. Parliament. habet, Concilio & assensu Baro­num suorum Leges olim imposuit universo regno, & consentire inferior quisque visus est in persona Domini sui Capitalis, prout bodiè per Pro­curatores Comitatûs vel Burgi, quos in Parliamento Knights and Burgesses appellamus, Habes morem veteram quem Mutâsse ferunt [Page 149] Henricum Primum Anno regni sui sextodecimo, plebe ad concilium Sarisberiense tunc accitâ, haec vulgaris opinio, quam typis primus spar­sit Polydorus Virgilius, acceptam subsequentes Chron [...]graphi, nos ad authores illius seculi prouocamus.

And refuting that Opinion Neubrigen­sis. by Neubrigensis (who lived a­bout that time, and relates the purpose of that Great Councel in these words, Facto concilio eidem Filiae suae susceptis vel suscipiendis ex eis nepotibus ab Episcopis Comitibus Barombus & omnibus qui ali­cujus videbantur esse momenti; and likewise by Florentius Wigorni­ensis, Eadmerus and Huntington, further saith, Ludunt qui Parlia­menta nostra in his quaerunt sine ut sodes dicam collegisse mecentenas (reor) conciliorum coitiones, tenoresque ipsos plurimorum ab ingressu Gu­lielmi 1 mi ad excessum Henrici 3 i existentium, nec in tanta multi­tudine de plebe uspiam reperisse aliquid, ni in his delituer it Seniores, sa­pientes populi, which he conceives to be only Aldermanni, Sapien­tes or Barones, & Magnates regni, not the Commons.

And it hath been well observed by the learned Author of the Notae & Adversaria in historiam Mathaei Parisiensis, That in the an­cient Synods, before the subduing of England by William Duke of Normandy, conficiebantur chartae donationum publicae & de gravamini­bus Reipublicae brevitèr inter Regem & Magnates, Episcopos & Ab­bates consultabatur, id enim tunc dierum erat Synodus quod nunc ferè Parliamentum, nisi quod non rogabantur leges per plebiscita, nec sancie­bantur Canones per suffragia minoris Cleri.

And was as novel and new, as it was unexpected, no such Writ having ever before been framed or made use of, to such or any the like purpose.

And Mr. Selden likewise saith, That the Earls and Barons mentioned or directed by those compelled then Writs of Sum­mons, to come to that pretended Parliament, were only the Earls of Leicester, Gloucester, Oxford, Derby, Norfolk, Roger de Sancto Johannis, Hugh le Despencer, Justiciar' Angliae, Nicholas de Se­grave, John de Vescy, Robert Basset, G. de Lucy, and Gilbert de Gaunt.

Of which the Earls of Leicester, Gloucester, Norfolk, Oxford, and Derby, were notoriously known to have been in open Armes and Hostility against the King. The whole Number of the Temporal Lords therein named, not amounting unto more than Twenty-Three, with a Blank left for the Names of other Earls and Barons, which have not been yet inserted or filled up.

And all the other, which were in that constrained Writ of Summons particularly and expresly named, were no other than H. de le Spencer, Justicar' Angliae, John Fitz-John, Nicholas de Se­grave, [Page 150] John de Vescy, Rafe Basset de Drayton, Henry de Hastings, Geffery de Lucie, Robert de Roos, Adam de Novo Mercato, Walter de Colvill, and Robert Basset de Sapcott, which together with the then Bishops of London, and Worcester, Symon de Montfort Earl of Leicester, and Steward of England, H. de Boun juvenis, Peter de Monteforti, & S. de Monteforti juvenes, Baldwin Wake, William le Blond, William Marescallus, Rafe de Gray, William Bardolff, Ri­chard de Tany (or Tony) and Robert de Veteri Ponte, made up the Number of the opposite Party to that King in the aforesaid Reference to the King of France.

And Mr. Selden Mat. Paris. 41. H. 3. p 1283. & Sel­den. tit honor 716, and 719. hath observed, That the Preambles of the ancient Parliament-Writs, for the Snmmoning of the Ba­ronage, sometimes so varied, that some eminent occasions of the calling of the Parliament were inserted in the Writs Dors. Ro. Claus. 2. E. 1. Dors. claus. 50 E. 3. part 2. m. 6. to the Spiritual Barons, that were not in those to the Temporal, and often times no more than a general and short Narrative of our King's Occasion Elsings anci­ent and pre­sent Manner of holding Parliaments, ca. 2. p. 22. 23, and 24. of having a Parliament with much variation in the Writs of that nature, with many differences of slighter Moment expressed, and sometimes in all a Clause Against coming attended with Armes, and that until the middle of the Raign of King Richard the Second, when the Dukes, Earls, and Barons, were Created by Letters Patents of our Kings; the Names of the Barons to be Summoned in Parliament, were Written from the King's own Mouth at his Direction and Command; and in that agreeth with Mr. Elsing, who saith, It was ad libitum Regis, for surely none but the King can Summon a Parliament, and that was the reason that Henry the Fourth, having taken King Richard the Second his Leige and Lord Prisoner, the 20th. day of August, in the 21st. Year of his Raign, did cause the Writ of Summons for the Parliament, wherein he obtained the Crown to bear Date the 19th. day of the same Month, for the Warrant was Per ipsum Regem & Concilium, and himself to be Summoned by the Name of Henry Duke of Lancaster.

SECT. XIII.

That the Majores Barones regni, and Spiritual and Temporal Lords with their Assistants, were until the 49th. Year of the Raign of King Henry the Third, and the constrained Writs issued out for the Election of Knights, Citizens, and Burgesses, whilst he was a Prisoner in the Camp or Army of his Rebellious Subjects, the only great Councel of our Kings.

FOr the Barons of England, viz. the Lords. Spiritual and Temporal, with some other wise and selected Men, which our Kings did anciently, and upon Occasions call into that Assembly, were the Great Council of the Kingdom, and before and from the Conquest, until a great part of the Raign of King Henry the Third (in whose dayes, saith Mr. Elsing, it is thought the Writs for Election of Knights and Burgesses were framed) made the Great Councel of the Kingdom, and under the name of Barons, not only the Earls, but the Bishops also were comprehended, for the Conqueror Sum­moned the Bishops to those great Councels, as Barons; and in the Writ of Summons (made as aforesaid in the Captivi­ty and Troubles of King Henry the Third) we find the Bishops and Lords with some Abbots and Pryors to be the Councel­lors, and the Commons only called to do, perform, and consent unto what should be ordained.

And Mr. Selden, and Sir Henry Spelman have by divers In­stances, and warrantable Proofs declared unto us, That the Bishops, and Lords only were admitted into the Wittenagemots, or great Councels, which were wont in and after the Raigns of the Hist. Ead­meri. Saxon Kings to be kept at the three great Festivals in the Year, viz. Easter, Whitsontide, and Christmass, Spelmani con­cilia Ecclefia­stic. 347. when the Earls and Barons came to pay their Respects and Reverence to their Soveraign, and give an Account of what was done, or necessary to be known or done in their several Provinces and Charges, and what was fit to be Consulted thereupon, and were then accustomed to meet, and Assist their Kings and Sove­raigns with their Advice and Counsel.

Which Placita. Co­ron. 21. E. 1. Ro. 27. Kanic. was so constantly true, as Antecessores Comitis Arun­del solebant tenere manerium de Bylsington in com' Kanc. quod valet per Annum 30. l. per Serjeantiam essendi Pincernam Domini Regis, in die Pentecostes, & Ela Comitissa Warwick tenuit manerium de Hoke Placita Coron. 13. E. 1. Ro. 80. Norton in com. Oxon, quod est de Baronia de Oyley de Domino Rege in capite per Serjeantiam scindendi coram domino Rege die Na­talis [Page 152] Domini & habere Cultellum domini Regis de quo scindit.

Roger de Britolio Farl of Heresord, being in Armes and open Rebellion against King William the Conqueror taken Prisoner, and Condemned to perpetual Imprisonment, wherein though he frequently used many scornsul, and contumelious words towards the King, yet he was pleased at the Celebration of Faster in a solemn manner (as then was usual) to send to the said Earl Roger then in Prison his Royal Robes, who so disdained the Favour, that he forth with caused a great Fire to be made, and the Mantle, the inner Surcoate of Silk, and the upper Garment lined Dugdale' s Baronage. 1 Tem. 27. with precious Furs to be Burnt, which being made known to the King he became displeased, and said, Certainly he is a very proud Man, who hath thus abused me, but by the Brightness of God he shall never come out of Prison, as long as I live; which was fulfilled.

In Anno 1078 William Rufus tenuit curiam in natali domini a­pud London & Rex Anglorum Willielmus, cognomento Rufus, gloriose curiam suam tenuit ad Natale apud Gloverniam, ad Pascham apud Wintoniam, & apud Londonias ad Pentecosten.

Et hic Concessus Ordinum regni, saith Sir John Spelman, Sive to­tius regni Repraesentatio (quod intelligere convenit) ab Alfredo certis quidem vicibus, & ijs ordinariis, Johannes Spelman filius Henrici Spel­mani eraditis­simus in vita Alfredi Regis, lib. 2. 115. & 116. Mat. Pa­ris 1453. non quasi ejusdem formae & ce­lebritatis esset, cujus & hodierna Comitia, quae Parliamentum vulgò dicuntur, sed ut quantum est in Anglia terrarum tunc aut unum om­ninò Regis erat, aut Comitun ejus atque Baronum, & qui sub illis agros colerent eos Clientelari atque precario jure possederint, ut qui toti ab nutu dominorum penderent, ità quicquid ab isto tempore ab Rege, Comitibus ejus atque Baronibus constitutum est, toto regno sancitum erat, velut ab ijs transactum quibus in caeteros suprema & absoluta po­testas esset, adeoque reliquorum seu clientium & mancipiorum jura in­cluderet.

Episcopos quod attinet hi magnis hisce Concilijs nunquam non inter­suerunt suisque suffragijs leges sanxerunt, nam praetereà illud quod ob seculares fundos Barones vel ob ipsum sacerdotis honorem sacrosancti censebantur, eâ infuper sapientiâ plerumque praestabant, ut non tantùm suffi agia Procerum aequiparârint, sed & actis omnibus venerationem at­que pondus addiderint, ab hoc Regis instituto manavit (uti videtur) mos ille posteris Saxonibus non inusitatus, ut concilia Episcoporum atque Magnatum tèr quotannis celebrarentur, nempe ad Domini Natales, Pas­cha, atque Pentecosten, ad consultandum de arduis regni negotijs, ne­que id uno semper eodemque loco, sed ubicunque res posceret licet ferè ubi Rex cum Aulicis ageret praesens.

And in our Parliaments, as well Modern as Ancient, had a deliberative Power, as the most Learned Selden hath in­formed [Page 153] us, Selden tit Honor 3 part ca. 5. 632. Sect. 6. Hist Eadmeri. in advising their Kings in Matters of State, and giving their Assent in the making of Laws, and a judicial subordinate Power to their Kings in giving of Judgment in Suits or Complaints brought before them in the House of Lords, or that Magna Curia & Universitas regni, Bracton de­legibus & con suetudinibus Angliae. Elsings anci­ent and pre­sent manner of holding Par liaments in England 22 [...] as Bracton stiles it; and whither in his time Causes were for difficulty adjourned from the other Courts of the Kingdom, unto which no Remedies could otherwise be given, and saith Mr. Elsing, All Judgments are given by the Lords as aforesaid, and not by the Commons.

And that very ancient, long experimented and well ap­proved Custom, appeareth not to have been discontinued or forgotten, when in the Parliament holden in the first Year of the Raign of King Henry 1. H. Ro. Parl. m. 79. the Fourth, the Commons shew­ing to the King that Comme les Juggements du Parlement appur­teignont seulement au Roy & as Seigneurs & nient as Commones; si noun en case que sil plest au Roy de sa grace especile leur monstrer ses ditz Juggements pur ease d' eux, que nul record soit fait en Parle­ment encontre les ditz Communes, que sont ou serrent partyes as escu­nes Juggementz donez ou adonees ou apres en Parlement.

A quoi leur feust respondu per l' Ercevesque de Canterbire de com­mandement du Roy, [...]ment mesmes les Commones sont Petitioners & demandeurs, & que le Roy & les Seigneurs de tout temps ont eves & averont de droit les Juggementz en Parlement, en manere come mesme les Comones ount Monstrez, sauvez quen Statutz Affaires ou en Graun­tez & subsides ou tiel choses Affaires pur comon profit du Royalme, le Roy voit avoir especialment leur Advys & Assent, & que cel ordre de fait soit tenuz & gardez en tout temps adveniz.

And the Earls and Temporal Barons, were by Seldens Ta­bles of Honor. vertue of their Tenures and Summons of Parliament, since the begin­ning of the Raign of King Richard the Second, said to be Con­ciliarij nati of the King and Kingdom, and the Bishops to sit there then, and long before, by reason of their Baronies (which no Member of the House of Commons is, or can claim to be) in our King's great Councels or Parliament, until the framing of that aforesaid novel Writ to Elect Knights, Citi­zens, and Burgesses in the time of the Imprisonment of King Henry the Third, and after his Release was discontinued, and no more made use of, until the 22d. Year of the Raign of King Edward the First his Son, and the Heirs by ancient Customes of that Court, under and by the Kings Authority, do exercise in Causes and Complaints brought before them a judicial and decisive Power.

And in the preceding Times and Ages, until that new Writ [Page 154] of Elections was contrived and imposed upon that distressed and much injured Prince; Certissimum est, saith that learned and judicious Antiquary Sir henry Spelman, that the Nobility and Barons, which did hold immediately of the King in Capite, ju­dicijs praefuêre Aulae Regiae, did usually sit and determine Cau­ses or Controversies in the King's Court or Palace, as the Barons Spelmans Glossar in ver­bo Baro. of the Coife in the Exchequer, who were hereto­fore Earls and Barons, do at this day judge and determine of Matters touching the King's Revenues.

And as the Lords Seldens tit' honour 639. 2 part ca. 5. Sect. 28. of Mannors in their Courts Barons do admit none to be Judges in those their little Courts, but their Tenants, who are Free-holders, and do hold of them, and being stiled and said to be of the Homage, do subserviently manage the Affairs of their Lords therein, who did very anci­ently use to act therein, Concilio prudentum hominum & militum suorum by their Presentments, Advice, and Judgements, and are therein not much differing from the Customs and Laws of the Longobards, where their Emperor commanded LL Longo­bard l. 3. tit. 8. l. 4. Conrad. imper. in Kni­lenbrogio. that Nullus Miles (nobiscum saith Sir Henry Spelman Liber homo) sine certâ & convictâ culpâ suum beneficium perdat, nisi secundum consue­tudinem Antecessorum nostrorum et judicium Parium suorum.

In which, saith Sir Henry Spelman, Th [...] is an Idea of our x Spelman in verbo Pares Magna Charta, the Free-holders in the Hundred Courts being thither also called.

Conformable to the League made by King Alfred with Guthrun the Dane, wherein Homicide sive de crimine alio quod qua­tuor Foedus Aelfre­di cum Guthrun marcas excederet postularetur per duodecim ex paribus, reliquos au­tem subditos per 11 Pares unumque ex Baronibus Regis fore judi­candos.

And to the Laws of our King Henry the First, wherein it was ordained, That Unusquisque per Pares judicandus est, si quis in Curia sua vel in quibuslibet agendorum locis placitum tractandum LL Henrici. 1. ca. 31. 33. 57. habet, convocet Pares & vicinos suos, si inter compares vicinos sint querelae conveniant ad divisas terrarum suarum, & qui prior queremo­niam fecerit, prior rectum habeat, & si alias ire oporteat in Curiam domini sui eant, si unum dominum habeant, & Soca sit ejus, & illic eos amicitia congreget, aut sequestret judicium.

And may seem to be derived from the Laws and Customs of the Germans, Scholia Ja­cobi Spiegel. in lib. 2. Liguri­ni Guntheri. 301. 302 where by the Court of Peers are understood Causarum feudalium Judices à Caefare constituti, qui sine provocatione cognoscebant, to be Judges appointed by the Emperor to hear and determine without appeal Matters concerning their Lands Lim [...]oeus de jure publici imperii Ro­mano Germa­nici 1 Tom. ca. 9. Sect. 49. 51. 52. and Territories; where the like usage and term of Peers in their Judicatures, Great Councels or Diets, is at this day used [Page 155] (the Princes of the Empire being Paribus cu [...]ae) and such are those of our House of Peers in Parliament, being the highest Court of the Kingdom of England, where none were admitted or did administer Justice, Nisi qui proximi essent à Rege ipsique arctioris fidei & homagij vinculo conjuncti, but such as were near unto the King, and held of him in Capite; which kind of Te­nures howsoever they were most unhappily Dissolved by a late Act of Parliament in His now Majesties Raign, for con­verting Tenures in Capite into free and common Socage, were by an Exception and Proviso in the said Act of Parliament, as to the Rights and Priviledges of the Peers in Parliament, specially saved and reserved unto them, who were heretofore Capitanei regni, as Sir Henry Spelman saith, Captains of the King­dom, and Peers obliged and bound unto their Kings by Ho­mage and Fealty in that highest and most honourable Court Spelman glos­sar' in verbis Baro Pares & Parliament. of the Kingdom; wherein the Judicative Power of Parliament under their King, their Head and chief Resides, which high and honourable Assembly reverencing and taking Care for their Head and Soveraign, the only, under God, Protector of themselves, the Church, and all their worldly Concernments and Liberties.

Was so much used in France, as saith Harmanus Conringius de imper' Ger­man' 14. 15. Conringius, Proceres temporibus Francorum, temporibus antiquissimis Concilio interfuisse plu­rimis quidem testimonijs in proclivi est; and cites a Book written per Theganum Chorepiscopum Trevirensem de gestis Ludovici Imper' Ca. 6. ubi de Carolo Magno Imperatore legitur, Cùm intellexisset appropinquare sibi diem obitus sui, vocavit filium Ludovicum ad se, Episcopis, Abbatibus, & Comitibus loco positis, & habuit grande collo­quium cum ijs Aquisgravi, & eodem spectat procul dubiò Hinck­mari (who was a Bishop and Councellor of Charlesmaynes) illud concilium Lodovico Baldo datum epistolam, ut rempublicam admi­nistret, ex Procerum aut Principum consensu (nusquam Plebis mentio­ne factâ) unde & epistolam illam claudens Ca. 10. Scribit de gene­ralibus Ecclesiae & Regni negotijs fine generali Procerum regni consensu & concilio secretum dare concilium nefas etiam consensum deliberare nolo.

The King of Scotland hath as a Feudatory to our Kings of Elsingss anci­ent and p [...] lent manner of holding Parliaments in England, 16 17. & al [...]. England in fide & ligeancia Sate in the House of Peers in Par­liament, by the Summons of King Edward the Third, in the 22d. and 25th. Years of his Raign, in a Chair of State set upon his Left hand.

The Arch-Bishops and Bishops do enjoy the Priviledge and Honour of being present, by reason of their Baronies, which howsoever (some of them, not all) were given at the [Page 156] first in Frank Almoigne, and as Eleemosynary are holden in Capi­te, & debent Selden tit Honour 795. part. 2. ca. 5. Sect. 8. interesse judicijs Curiae Regis cum Baronibus, and are not to be absent, saith the Constitution made at Clarendon in the 10th. Year of the Raign of King Henry the Second; and that honourable Tenure of Servitium militare was accounted to be such a Tye and Duty of Service incumbent upon the Bi­shops, as well as the other Baronage, as any Neglect there­of was so poenal unto them, as Thomas Beckett, the then ruf­fling and domineering Arch-Bishop of Canterbury, notwithstan­ding Mat. Paris. 200. all the Pleas and Defences which he could make, wherefore he came not to that great Councel or Parliament when he was Commanded, was Condemned in a great Sum of Money, the Forfeiture of all his moveable Goods, to be Guilty of High Treason, and be at the King's Mercy, and the reason was given of that Judgment, for that Ex re­verentia Regiae Majestatis, & ex astrictione Ligij, Homagij, quod Domino Regi fecerat, & ex fidelitate & observantiâ terreni Selden tit. Honor. 795. part. 2. ca. 5. Sect. 20. hono­ris quem ei juraverat, he ought to have come, but did not.

For such kind of Courts and Councels, where Kings and Princes, with the Lords Spiritual and Temporel, as their grea­ter Tenants in Capite, did for mutual Aid, Assistance, and Counsel assemble and meet together, have been no Novel­ty or new Device amongst the Cimbri, Germans, Gothes, Francks, Longobards, Saxons, and several Fabian Phi­lips tenenda non tollenda. other Northern Nations, were brought unto us from them; amongst whom Tenures in Ca­pite, and by Knights-Service, more agreeable to Huma­nity, were justly esteemed to be a better Foundation and Sub­sistency of the right Power and Conservation of Soveraignty and Government, than that of the Eastern and Southern Princes was, where Dura erit servitus Dominorum, the condition of Ser­vants was hard, and the severity of Masters, who had Pote­statem vitae & necis, Power of Life and Death over their Ser­vants, very great and rigorous, and having nothing which they could call their own, but Misery, were put to maintain their Masters Luxury out of their Labours, and enduring Vilissima ministeria, all manner of Slaveries, ab omni militia arcebantur, were not suffered to know or have the use of Armes; but amongst the Northern Nations there was a more just and gentle Usage of the better part of their Servants, for that they did divide a great part of their Lands and Conquests amongst those their Servants and Soldiers, Pactionibus interpositis inter Dominum & servientem de mutua Tutela, with an especial care to have those Feudal Lands to remain to their Primogeniture Heirs Males, or the next Survivor of them, and saith l' Oyseau, ce fut un Droict [Page 157] commun, que L'Oyseau des Off [...] [...] ▪ aux ca. 2. 231. & 232. les Enfans masles succederoient au fief du Pere lous ensemble, & tel est le Droict des Lombards, amongst whom the Tenants were to redeem their Lords taken Prisoners with the Expence or Loss of half their Lands; and saith Martinus Martinus Magerus a Schomberg de armata militia 15. 316. 8 [...]4. Margerus a Schomberg, Vasallus juramento fidelitatis tenetur, non so­lum Domino damnum per se & alios in rebus non dare, sed etiam con­cilium & auxilium praestare, nè damnum ab alijs incurrat.

Vasallus Domino contrà fratrem succurrere tenetur. idem. ibidem. 13. 268. 999. idem. ibidem. 221. 222. 596 idem. ibidem. 13. 245. 598.

Et contrà Filium pro Domino arma suniere debeat.

Et Patriam pro Domino etiam contrà Filium defendere.

And the Feudal Laws were so well known here in England in King Edward the Confessors Raign, as it was accounted in LL. Edward [...] Here­tochi [...] ▪ [...]7. his so greatly reverenced and beloved Laws, to be consonant to Justice and right Reason, that Qui sugit à Domino vel Socio suo pro timiditate belli vel mortis, in condictione Heretochij in expe­ditione navali sive terrestri perdat onme quod suum est, & suam ipsi­us vitam & manus mittat Dominus ad terram quam ei anteà ded [...]rat, & si terram haereditariam habeat ipsa in manus Regis transeat.

And the Spelmane gloffar 216. tit Feodum sive feudum. Nobility and Magnates, Great and Rich Men, having received those ample Favours, and Bounties from their Emperors, Kings, and Princes, and reserved some of their Gerardus Ni­ger & Obertus de O [...]o de Feu­dis. Herbert van Beaumont de origine fe­udi Hollandioe Frisiaeque Oc­cidentalis. 2. 3. 4 Paurmester de jurisdictio­ne imperii Rom' 40. 41, 42, 43, 44, 45. Craig de feudis; Cuia­cius lib. 8. Col­dendorp. Vul­teius. Wesenba­chius. 17. E. 2. Demesne Lands to themselves for their own House-keeping, were so willing to Communicate it to others, as they distribu­ted their other great quantities of Lands, and Tenements in like manner, Colonis & hominibus inferioris notae, to their Friends, Ser­vants, and followers under the various Tenures of in Capite by Knights Service, Soccage, Castle-Guard, and Copy-holds, Burgage, grand and petit Serjeanty, and were also to attend their Lords, and Donors in the Service of their Prince, which was wont to be carefully excepted, in all their Oaths of Ho­mage and Fealty made unto their Mesne Lords, and Antiquis­simo tempore sic erat Spelmans glossar. 217. in Dominorum potestate connexum, ut quando vellent, possunt auferre rem in Feudum à se datam; and such an Har­mony, and great Obligations of Bodies, Souls, and Conscien­ces, Lands, Estates, Dependance, and Protection could be no other but a very great Safety, and constant kind of Defence to this Kingdom, and all the Subjects and People thereof.

For In feudalibus Consuetudinibus (say the Civil or Caesarean Laws) Joannes Joachi­mus a Rusdorff. Jura regnorum, Ducatuum Marchinatuum, adeoque totius Imperij leges fundamentales, ac nervi quibus Monarchiae Romanae cum ipso senescente Resent [...]al in Synops' Feud in prefat' ad lett. mundo lanquescentes inter pedes Feudorum materiam privatim & pub­licè utilem, & in ea hodie totius Christianae reipublicae, Jus publicum magna ex parte Consistere, & vires nervos & robora tam togatae quam armatae militiae sita esse. Johannes Calvin I. C. in Epist. dedi­cat. [Page 158] Jurisp. seudal. feuda feudorum, quae Jura inquit fidelitatem ac fidem publicam pacem & Incolumitatem communis patriae firma­vit, Imperiosam Principum & Magnatum dignitatem amplificant, firmissimum militiae contra Communes Reipublicae hostes nervum ac praesidium subministrant, adeoque fulcra Germanico Romani Imperij nun [...]upari desiderant, and have received the Respect Reve­rence and Approbation universally, and almost every where allowed, and not denied unto them, in the Labors and Stu­dies of very great and eminent Civil Lawyers, as Zasius, Wesenbechius, Vulteius, Harrisanus, Corvinus, Bronkhorsius, Rosen­thalius, Gothofedus, Schwedecus, & multi alij, Ac etiam in Belgio Frideri­cus Feltman de fe­udis in Epist. Sande, omnesque qui non tantum severa Lege proficere Cupit, & in foro rideri non vult. Feltman de Fe­udis Sect 2.

Feuda à Germanis principio rerum gentium nationumque ad vires Imperij augendas atque conservandas quidem statim quid inventum fuit quod valdè cum Feudo convenit Genes' 14. 4. 2. paralip. 36. 13. Jerem. 52. 3. Xenophon Cyropaid' l. 2. pr' Nec tamen Feu­dum fuit sed Clientela res apud Turcas hodiè notissima, qui non alio modo multos Reges & principes sibi nexos cogunt, de Germanorum moribus Predidit Tacitus lib. 1. 14. Quod principem defendere tueri praecipuum Comitum fuerit saramentum, Et hi Exigunt principis sui li­beralitate illum bellatorem Equum illam Cruentam victricemque frameant.

Feudum vetus & feudum novum, Vetus quod ab abscondentium ali­quo, Ca' and 9. Novum quod ipse ab aliquo adquisivit.

Caesar intelligitur apud Germanos in hoc feudo semper Exceptus 2. F. 56. apud Gallos Rex in Ligio pater non exceptus, quia id da­tur ab eo qui Superiorem non agnoscit, cui si insidiatur, vasalli pater Domino subiectus crimen perduellionis Principibus comittit.

Vasallus Domino Reverentiam & Honorem debet ejusque Commodo augere, atque damna infecta avertere obligatus est.

In Feuda Concedendis Ordo hominum non attenditur, nam & Superio­res ab inferioribus Feuda accipiunt, Et per vicariam personam Insiuran­dum Feltman in teat de feudis 127. 25. 26. accipiunt, inter politicos Caesar & Reges Feuda dare possunt, Du­ces Marchiones Principes Comites & Barones Feuda dare possunt, etiam­si Caesari aut Regi subjecti sunt; Maiora sunt autem Regalia quae ad statum reipubl' administrationem nec non summi Principis decus per­tinent, and à Cicerone are said to be Iura Majestatis, à Livio Jura Imperij, sunt autem majora Regalia Leges condere easque si du­bia sint Interpretari Lib. 8. Sect. 1. C. Duces, Principes, Comites, & Barones, Equites & Nobiles Creare l. 5. de Dignat' facere No­tarios, Doctores, Comites, Palatinos, Spurios facere Legitimos, Novel 89. 9. veniam oetatis indulgere, constituere summum tribunal Justitiae, à quo appellari non potest, Jus vitae & necis pardonare, Jus Civitatis dare, Monetam cudere, plenissimam Tuitionem tribuere quam Sauve­gard [Page 159] dicunt, instituere Cursores publicos, qui Celeriter dispositis Equis Epistolas ferunt nunc Postas vocant, Bellum indicere, Pacem cum hoste & foedus cum Exteris pangere, Academias vel Vniversitatem litera­rum condere, Legatos mittere ad alios principes, Magistratus creare eos­que confirmare, & Jurisdictionem atque Imperium tàm merum quàm mixtum dare, Comitia universorum Imperij aut reipub' ordinum Indice­re l. 1. pr' F. Religionis Orthodoxae tuitio, Concilia & Synodos co­gere, Ecclesiae Ministros Instituere & confirmare, malè viventes remo­vere, indicere [...]rias.

Habent etiam Regalia Minera, quae sunt Commoda quae ex rebus publicis & ratione Imperij capiuntur, Armandia, id est, Potestas fa­bricandi arma & armamentariorum cogendi, viae publicae cum ratione Tuitionis contra Latrones, tum ratione Refectionis, tum ratione Juris­dictionis, tum quoque ejus quod in illis nascitur, Flumina publica na­vigabilia & ex quibus fiunt navigabilia modo quo viae publicae ad re­galia pertinent, Portus vel Vectigal quod pro Ingressu in portum aut portus transitu pendunt, Ripatica sive vectigalia pro riparum earumque munitione, vectigalia quae hodiè Tollen Conveyen & Licenten dicuntur, quae praestantur pro mercibus exportandis & importandis, bo­na vacantia, bona damnatorum ob Perduellionem aliud [...]e crimen, ex quo hodiè publicatio eorum fit, Angariae & Parangariae, id est, Praestatio­nes operarum & Currum, nec non navium quae ad usum publicum ru­sticis & subiectis imperantur, extraordinaria Collatio sive Contributio Argentariae (id est) auri Argentique fodinae, quae in provincia sunt, Pis­catio in flumine publico, nec non Venatio, & utriusque concedendi Po­testas, Decimae ex Carbonum lapidumque fodinis, Salinarum reditus, om­nis Thesaurus vbique repertus, Judaeos recipere, Fodrum pro Exerci­tu principis Anergariae sive hospitium Militum & Aulicorum, & con­dere Illustria, Gymnasia condicere.

Dividitur Feudum in Ligium & non Ligium, illud est quando va­sallus Feltman Tract de feudis p. 14 Capit. 8. 9. domino fidem adpromittit contra omnes, nullo excepto mortali.

Non Ligium est, si Excipiuntur nonnulli contra quos dominum adiu­vare non cogitur.

De Jure Domini directi Dominus directus Jus ratione seudi, tàm in Idem pag 125 ca. 16. re quàm ad rem, sed & amplius personam habet.

Vasallus operas praestare suis sumptibus debet, si à Domino monitus Ibm. p. 133. ca. 6. p 134. ca. 7. fuerit ad Jus dominij Laudemium pertinet est honorarium, quod princi­pis dominio administris penditur.

All which Regalia and Prerogatives of our Kings and Sove­raign Princes, have been founded upon the feudal Laws, at­tending the Monarchy of England.

And so greatly were our Kings and Princes in this our Monarchy of England sollicitously careful, to maintain and con­serve their Subjects Tenures of their Lands, immediately or [Page 160] mediately holden of them, and the Dependencies and Obedi­ence of their Subjects unto them, and therein their own as well as their Soveraigns Good and Preservation, as King Henry the Second caused throughout the Kingdom a Certificate to be made, not by the Hear-say or slight Information of the Neighbourhood, or partialities of Juries, but by the Tenants themselves in Capite, or by Knight-Service, whether Bishops, Earls, Barons, and great or smaller Men, by how many whole or parts of Knights Fees they held their Lands, and by what other particular Services, and what de veteri & novo Feoffamen­to, and caused those Certificates to be truly Recorded in the Court of Exchequer, in a particular Book, called the Red-Book, which either as to its Original, or several exact and authen­tick Copies thereof, as Sir William Dugdale hath assured me, were not burnt or lost in the dreadful Fire of London in Anno 1666. and those Tenures and Engagements of those Tenants, were so heedfully taken Care of, as our Kings ever since the Raign of King John, had Escheators in every County, (the Lord Mayor of London being alwayes therein the Kings Es­cheator) who amongst other particular Charges and Cares ap­pertaining to their Offices, have been Yearly appointed to look after them; and the Bishops, Earls, and Barons especi­ally, since the Constitution and Election of the Court of Wards and Liveries by King Henry the Eighth, were not without their Feodaries in the several Concernments of their private Estates, as our Kings had in every County, as to their more univer­sal or greater; which together with the respites of Homages, which the Lord Treasurers Officer of the Remembrancer in the Court of Exchequer was to Record, as appeareth by a Sta­tute or Act of Parliament made in the 7th. Year of the Raign of King James; and our Learned and Loyal Littleton, who was a Justice of the Court of Common-Pleas in the 14th. Year of Littletons Te­nures and Coke in his Comment thereupon ca. 1. tit Homage Sect. 85. King Edward the Fourth, with the allowance of Sir Edward Coke his justly adoring Commentator, hath taught us, That Te­nures in Capite do draw and bring along with them, as inci­dents thereunto, Homage which is the most humble and ho­nourable Service and Reverence that a Tenant can do unto his Lord; when upon his Knees with his Sword ungirt, and his Head uncovered, holding his hands between the Hands of his Lord, he sweareth and professeth to be his Man of Life and Limb and earthly Worship, and to bear him Faith for the Littletons Te­nures tit' Escu­age. Lands and Tenements, which he holdeth of him, saving the Faith which he holdeth to his Soveraign Lord the King, to­gether with Fealty, Service in War, or instead thereof Escuage, [Page 161] Socage, Franck Almoigne, Homage Auncestrel, Grand Serje­anty, Petit Serjeanty, Tenures in Burgage and Villeinage; and then the Lord so sitting Kisseth him: And where the Ser­vice is not done by the Tenant in Capite, or by Knight-Service in Person, the Escuage Money or Fine, that is to be paid in recompence thereof, is to be Assessed by Parliament; and if any Controversy do arise, whether the Service were done personally or not, it shall be tryed saith Littleton by the Cokes 1 part Institutes tit. Fee simple Ca. 11. Sect. 1. Certificate of the Marshal of the King in Writing.

And Tenant, saith Sir Edward Coke, is derived from the word Tenere, and all the Lands in England in the hands of S. H. 7. 11, 19. E. 3. 35, 24. E. 3. 65, 66, 44. E. 3. 5. 48. E. 3. 2. Subjects are holden of the King immediately or mediately; for in the Law of England we have not properly any Alodium, that is, any Subjects Lands that are not Holden, unless (saith he) you will take Allodium for a Tenant in Fee Simple, as it is often taken in the Book of Dooms-Day; and Tenants in Fee Simple are there called Alodii or Alodiales, and he is called a Tenant, because he holdeth his Lands of some Superior Lord by some Service; and therefore the King in this Sence cannot be said to be a Tenant, because he hath no Superior but God Almighty, and Praedium domini Regis est directum Dominium, cujus nullus est Author nisi Deus.

And Alodiarius & Alode seu Alodium, saith Sir Henry Spel­man, Spelmans glos­ar. est Praedium liberum nulli Servituti obnoxium (but were never so free as to be no Subjects, or exempt from Obedience to our Kings, in whose Land and Dominion they lived) Ideo­que Feudo oppositum, quod hoc semper alicui subiacet servituti, Feu­da enim antiquò dicuntur Servitii & Fidelitatis gratia, proprietate feudi penes dantem remanente, & usu fructu tantummodo in accipientem tran­seunte, ut ex C. de feud. cogn' collegit Barat ca' 1. Quamo­brem nec vendi olim poterant invito Domino, nec ad haeredes Vassalli transiunt, nisi de ipsis nominatim dictum esset, sed & laesa fidelitate adimerentur, dicitur à Saxon' Leod, quasi populare dicitur Alo­dium ab à Privitiva & Leed Gallicè Leud pro Vassallo, quasi sine Vassallagio & sine Onere, quod Angli hodie Load appellant, Alodium feudo opponitur in antiqua versione LL Canuti ca' 73. Ubi Sax' Bocland dicitur, quod in Aluredi LL ca' 36. tota Haere­ditas vocatur, & idem esse videtur quod hodiè Fee Simple.

Dicitur etiam Alodium terra libera quam quis à nemine tenet nec Le grand Cu­stum de Nor­mandie & in additione. recognoscit, licet sit in alieno Districtu & Jurisdictione, Ita quod so­lum est sub Domino districtus, quoad Protectionem & Jurisdictio­nem.

And believes the Aloarii mentioned in Dooms-Day Book do signify no more, than our Sockmanni or Socage Tenants, Cum Ger­manis [Page 162] Liberos & Gallis Nobiles, qui militiam ex arbitrio tractantes nul­lius domini Imperio evocati, nulloque sendali gravamine Coerciti, sui Ju­ris homines non Feudales, seil qui dominium tamen agnoscerent (ut lo­cus ille e Domesday citatus plane evincit) & qui fidelitatem apud nos Jurarent Censum quantulumcunque augebunt, si [...]t etiam qui de nomine eos ten [...]isse asserunt, ac si Hunnoniorum more, adeo & sole suum accepissent patrimonium.

And du Fresue Etymologizing the word Alodiarias saith, It is Du Fresne gloffar. Tom. 1. p. 147. in ver­bo Alodiaiii. Praedium etiam domino obnoxium possidet tenens Domesday, quando moritur Alodiarius Rex inde habet Alleniationem terrae (a releife) ex­cepta terra sanctae Trinitatis, Gulielmus Gemeticensis Lib. 3. Ca. 8. Abbatique locum cum tota villa quam ab Alodiariis auro redemit, Tho­mas Walsinghamus, p. 419.

Et in definitione Alodialis, which he saith is Idem quod Tenens, mentioneth Chartam Gulielmi ducis Normanniae p. 1042. In Mo­nasticon Anglicanum Tom. 2. p. 959. Dedi etiam Ecclesiam Radulphi villae & umon Allodialem in ipsa villa, & dedi quoque unum Allodia­lem in Amundevilla quietam ab omni Consuetudine. Bignenius dicit, quod significat Haereditatem & paternam Terram, Et Dominicus de Pro­rogat' Allodiorum dictum oppinatur, quasi Alo Leuden, id est, sine Subjectione, a voce Leuden quae Germanis pa [...]i subire fignificat, sicut & subjectionem & servitium; Spelmannus derivat a Leod populare Saxonice, Ita ut Aleod sit idem quod Praedium populare oppositum Feudo, quod est Praedium dominicale; And the Learned du Fresne, amongst the various Opinions mustred up by him, Concludeth with a Deni­què plerique è doctioribus existimant vocem esse primogeniam Galli­cam vel Francicam quae Praedium ac rem proprietario Jure possessum denotat.

Feudum novum absque domini Concensu alienatum revocari potest a Domino, Decis. 14. Feudum in dubio praesumitur esse haereditarium, & Jo. Koppen in Rangensdorff in decisionibus question, Il­lustrium in Germania. non ex pacto & providentia, Decis. 30. n. 22. Feudum antiquum abs­que concensu domini alienatum ex communi D. l. sententia a filio revo­cari potest. n. 11.

And the Tenures in Capite, and by Knight-Service, were of so high an Esteem and Value amongst the English, whereby to do unto their Kings and Country that Honor and Service, which was due, and might be expected from them, in their several Degrees and Stations, as the great Lords and other Men of Note did many times purchase or obtain of each o­ther, the Homages and Servitia of so many Men, or parts of Knights Fees by Deeds or Charters; and so much beyond any Money or other kinds of Estate, Lands, or Offices, as Robert Earl of Leicester's Ancestor, having at the Coronation of King John agreed to pay unto Roger Bigot Earl of Norfolk's Ancestor, [Page 163] Ten Knight's Fees for the Purchase of that great Office of High Steward of England, of which Seven and an half were paid, and a Controversy arising afterwards betwixt the said Earls, for the Satisfaction of the Remainder, in the 31st. Year of the Raign of King Henry the Third, the King undertaking to make an Accord betwixt them, adjudged Simon Montfort (who after­wards ill requited him) to have and execute the said Office of Vincent and York Cata­logue of No­bility tit. Nor­folk. High Steward; and that Roger Bigot Earl of Norfolk (who af­terwards joyned in the Rebellion with Montfort against him) should bring his Action for the other Two Knight's Fees and an half.

From which most necessary and excellent Feudal Laws, have proceeded those grand Honors fixed and appurtenant to our ancient Monarchy of England, in our Kings and Princes Grant to several great Families in England, in Fee or Fee-Tayl, as to be Constable of England, Earl Marshal of England, Lord Steward of England, Lord Great Chamberlain of England, Cham­berlain of the Queens of England Die Coronationis suae, Butler to our Kings at their Coronations, &c. And likewise the Statute de Donis or Entailes, the neglect whereof, in leaving all the ruined Families of the Nobility, Gentry, and better sort of the English Nation to feigned Recoveries, introduced about the Raign of King Edward the Fourth, by an unhappy and unjust Trick of Law, to make the Losers believe that they shall recover the Value of their Lands so Lost, amounting in the whole unto the greatest part of all the Lands in England, of the Bagbearer of the Court of Common-Pleas, who in the Conclusion is only Vouchee to Warrants, and to make it good out of his own Land, and by the small Fees and Profits of his Of­fice, was never yet known to Inherit, or to have been a Pur­chaser of ten Acres of Land, yet walks about and is never molested or called to Account for those vast Sums of Money, or his Land (if he ever had or was re vera intended to have had any) was to be liable by his being a Common Vouchee in all the Com­mon Recoveries which are suffered in that Court.

It being in those more Obedient and Loyal Times esteem­ed no small Honour to serve our Kings, or hold Lands by such a Kind of Tenure, as it may be believed to have occa­sioned that Adage or Common saying in England, before the ever to be lamented taking away of Tenures in Capite, and by Knight-Service and Pourveyance, No Fishing to the Sea, no Service to the King; and those Royal Services, affixed unto Lands and Territories, have been so immutable amongst other our Neighbor Nations, as in the Aurea Bulla, fastned upon the [Page 164] Empire of Germany, about the 30th. Year of the Raign of our King Edward the Third, the Three Spiritual Electors, viz. the Arch-Bishops of Mentz, Cologne, and Triers or Trevers, do hold their Lands and Territories by their several Tenures, of being Arch-Chancellors, the First of Germany, the Second of Italy, and the Schwed [...]r [...]s part special' ca. 5. de Elec­toribus Germ' Imperii. Third of France; the King of Bohemia to be Archipincerna, Duke of Bavaria or Count Palatine of the Rhine Archidapifer, Duke of Saxony Archimariscallus, Duke or Marquess of Brandenburgh Archicamerarius, of that Empire, and might be with or amongst them exampled from our Pattern, which was long before; as also from the Scots, who have to this day some of the like offici­al Dignities annexed to their Lands and Estates, and as in the Raign of our King Henry the First, Count Tankervile was, by Inheritance and Tenure of his Lands, Chamberlain of Nor­mandy.

And although not so ancient as the Customs of the Patroni and Clientes, in the beginning of the flourishing of the vast Ro­man Empire, which was so greatly advantageous both unto the greater and lesser part of the People, the Patroni in their Po­pularities and Ambitions to gain and please them in their way of Advancements to Annual Magistracies, not seldom exerci­sing their Eloquence in pleading their Causes or Suits in Law, before the Lawyers had for another kind of Advantages by the Gratifications of Fees and Rewards, made it to be the greatest part of their Profession, which before were principally employ­ed upon seldom Occasions in matters of Difficulty, in Juris­consults Forsterus de Advocatis. and Decisions; some of the more eminent sorts of them having, about the Raign of the Emperor Augustus Caesar, ob­tained Licenses of him ad respondendum; Yet after the Irruption Livy & Pluta­richs lives. of the Goths, Vandals, Longobards, and Hunnes, with other Nor­thern Nations into that Empire, they found it to be more be­neficial, to do as the Germans, and many other Northern Na­tions have done, to be Feudalists, and to have Lands given un­to them and their Heirs, to hold by Service of War, and o­ther necessaries under those grand Obligations of Interests, Oaths, Gratitude, Homage, and Fealty, which proved to be better more certain and beneficial, both for the Patroni and Clientes, the poorer sort of the People alwayes or very often wanting the Aid and Protection of the greater, from Wrongs and Op­pressions like to be put upon them. And the Patroni and Grea­ter, procuring to themselves thereby a more constant Obser­vance of Duty, Honour, and Additions to their former Gran­deur, the greater and lesser thereby mutually supporting and assisting each other, which in the Consequence was (as it did) [Page 165] likely to prove much better, than the charge and trouble the Patroni were used to be; as in the frequent courting and Hu­moring of the common People with their costly Epulae's and Ludi's, not only to gain their own Preferments in their Annual poursuites of Offices of Magistracy, but to keep the popular Vo­tings from Mutiny, and ruining them as much as themselves.

And howsoever that they with us in England, by a great infelicity to our languishing Monarchical Government, af­ter an horrid Rebellion and murder of our late King, Anno. 12. Car. 2. by an Act of Parliament made upon his now Ma­jesties 12. Car. 2. happy Restoration for the taking away the Court of Wards and Liveries, Tenures in Capite and by Knight service, and Pourveyance, and for settling a Revenue upon His Majesty in lieu of a great part of the lands of England and Wales, which the Rebels besides their great Estates had forfeited unto him, which they were willing to retain to themselves, and thank him as fast as they could with a more detestable Re­bellion, the Praeamble mentioning most unfortunately, for want of a right Information and understanding thereof, That the said Court of Wards and Liveries, Tenures by Knight service in Capite, holden of the King or others, and Socage in Capite, have been by consequence more praejudicial, then beneficial to the Kingdome, (as if the Nerves and Ligaments of the Crown of England, and the ancient Support and Defence of the Honour and glory thereof, for more then one thousand years, could any way deserve to be so Charactered) and that after the Intromission of the said Court, which hath been since the 24 th. day of February 1645. (when the Divel and his Reformation had made a large progress in the chasing Religion out of the Kingdom, and washing over in blood the Blessed Martyr King Charles the first, 3 Kingdomes of England, Scotland, and Ireland) many Persons could not by their Will or otherwise dispose of their Lands by Knight Service; whereby many Questions might possibly arise, unless some seasonable remedy be taken to prevent the same: Our Soveraign Lord by the Assent of the Lords and Commons in Parliament assembled, and by the Authority of the same did enact the taking away of the said Court of Wards and Liveries with other the Premises, And all Tenures of any Lands, holden of the King or any others, shall be turned into free and Common Socage, and be discharged of all Homage, Escuage, Voiages, Royal Wardships and Aide, Pour file marier & pour faire fitz Chivaler livery & ouster le maine, all Statutes repealed concerning the same, all Tenures hereafter to be created by the King his Heirs or Successors shall [Page 166] be in free and Common Socage, Provided that that Act extend not to take away Rents certain, Herriots or Suits of Court belong ing to any other Tenures taken away or altered by that Act, or other Services incident to common Socage, or any Releifes due and payable in cases of free and common Socage, or of any Fines for Alienations holden of the King, by any parti­cular Customes of Lands and Places, other then of Lands holden immediately of the King in Capite. Nor extend unto any Tenures in Franck Almoigne, or by Copy of Court Roll, honorary Services by grand Serjeanty, other then what are be­fore dissolved or taken away; Provided that this Act, nor any thing therein contained, shall infringe or hurt any Title of Honour, feodal or other, by which any person hath or may have right to sit in the Lords House in Parliament, as to his or their Title of Honour or Sitting in Parliament, and the Priviledges belonging to them as Peers.

And that that Act extend not to any the Rights and Pri­viledges of His Majesty in his Tynn Mines in Cornewal.

In recompence whereof the King shall have the Excise of Ale, Beer, Perry and Syder, Strong and Distilled Waters setled by that or some other Act of Parliament, touching the Excise, upon the King during his Life, and a Moyety only after his death to His Heirs and Successors.

And are by Sir Henry Spelman said to be non solùm jure positi­vo, Sed & Gentium, & quodammodo Naturae, not only by positive, k Spelman's Glossar'. but the Laws of Nations and Nature. Especially when it was not to arise from any compulsory, Fabian Phi­lips tenenda non tollenda. incertain way, or involuntary Contribution, or out of any personal or movable Estate, (cases of Relief only excepted,) but to fix and go along with the Lands, as an easy and beneficial Obligation and Per­petuity upon it; and was so incorporate and inherent, as it was upon the matter a Co-existence or Being with it; Glanvil, and Bracton being of Opinion with the Emperour Justiniam, that Justinian's In­stitutes. the King must have Armes as well as Laws to govern by, and not depend ex aliorum Arbitrio; and therefore the Prelates, Earles, and Commonalty of the Realm did in a Parliament in the 7th. Year of the Raign of King Edward the 1st. declare 7. E. 1. it to be necessarily belonging unto him, and to none other; Judge Hutton in his Argument in the case of the Shipmony in the Raign of King Charles the Martyr, and diverse other Lear­ned Judges and Lawyers have declared Tenures in Capite, and by Knight Service, to be so inseparable from the Crown, as not to be aliened or dissolved by any Act or Authority of Par­liament. Some of whom could not forget, that a Design hav­ing [Page 167] been presented and offered unto King James (when the Scots had by their importunityes much enfeebled the Royal Revenue) by some, who neither understood our Fundamental Laws or the Constitution of our Government, and having considerable Estates in the County of York, and Bishoprick of Durham, and being Members of the House of Commons in Parliament, and mischievous enough in the long Rebellious Parliament, a Re­venue of Two hundred thousand pound per Annum to dissolve his Courts of Wards and Liveries, and release his Tenures in Capite, and by Knights Service; and the King liked so well of those Hopes of augmenting his overwasted Revenue, as he, with Pro­mises of great Rewards to the Designers, ordered a Table to be purposely kept at White-Hall for them, untill they had brought their undertakings to perfection; unto which the Reverend Judges being summoned by the King to deliberate and give their Opinions, could find neither Law or right Reason for the taking away of those Tenures with their incidents, even by an Act of Parliament; Insomuch as the Design and Table were laid down, and no more thought of, until the unhappy Fate and Misery of forsaking and destroying Fundamentals, did so drive it on afterwards as it hath done, by our abandoning the old ways and the Truths thereof into those very many Misfortunes, which it hath brought us into already, and will more and more into the Prophet Jeremiah's Lamentations. And so greatly resem­bled that very antient way of the great Councels or Parliaments in France, drawn and derived from their Ancestors the Francks, and other their Northern Progenitors in and of that Kingdom, long be­fore there inhabiting, until the miseries brought by the English Con­quests, and their own Divisions, upon that people by those Warrs, and their seeking in the interim to govern their Kings, and Domi­neer over them in the midst of their Troubles, Necessities, and Dis­abilities to protect them, had constrained some of their after Kings, as Lewis the 11th. one of their Kings to find the way to govern so Ar­bitrarily, as they have since done with a continual so limited Parlia­ment, as it signifieth little more than an extraordinary Court of Ju­stice, and verify the Edicts of his prerogative Power with a car tel est nostre plaisir; Insomuch as those kind of Tenures and beneficial Mutualites, might not improbably have been here introduced by the Saxons, from one and the same or a like Radix, or Original, before the Normans Atcheivements and Acquests, either here or in France, or by what they had learned or practised of the Feudal Laws in the Empire, or after the Normans had brought England (their long before Compatriots) into subjection; and in the Reigns of some of their after Kings continued Masters of [Page 168] Normandy, Aniou, Aquitaine, Mayne, and Poicteau, and of so many other great parts and Provinces of the French Dominions, as in process of time they gained a full Possession of the residue, and in a short time after lost them all by our own Domestick Am­bitions, and Discords.

So as one Egg of the same kind, cannot commonly be more like in it's external Form and Likeness, to an other, then the antient and ever-to-be-approved Method of our and their former great Councels or Parliaments were.

Wherein may warrantably, without any suspicion of an Ar­bitrary Government, be vouched and called the learned Sieur du Fresne, a man of vast Reading and Litterature, and not only Learned in all the Roman and Northern Antiquities, but in our Old English Saxon Laws, and the allowed classical and veritable Authors, and Writers of our Nation, and to whom the Learned Works of our Glanvil, Bracton, Littleton, Fortescue, Coke, Stamford, Spelman, and Selden were no Strangers, when in his Glossary, or Comment upon the word Pares, he repre­sents unto us the Figure or lively Picture of our own ancient m Fresne in verbo Pares. LL. Al [...]man. tit. 9 [...]. capitl. car'. m. lib. 3. ca. 71. 72. Customes and Usages in our great Councels or Parliaments, in these his Words or Annotations. Pares dicuntur, qui ejusdem sunt Conditionis vel Dignitatis.

In charta Grodegangi Episcopi Metensis apud Meurisium. p. Apud Marenl­sum lib. 1. for­mul 32. 167. It is said, Ego Grodigangus un [...] cum voluntate illustrissimi Pipini Inclyti Francorum Regis Avunculi mei, & cum Consensu omnium Parium nostrorum, Episcoporum, Abbatum, Presbyterorum, Diaconorum, Subdiaconorum, vel omnis Cleri, seu & hominibus Sancti Stephani Metensis Ecclesiae cogitavi casion humanae Fragilitatis &c.

Apud Baldricum Noviocomensem Compares sunt Pares Feu­dales, & in legibus Henrici primi Regis Angliae. ca. 34.

Et exinde appellati unius domini Convassalli quod ratione Hominij & Tenurae sibi invicem Pares sunt, qui Domino subsunt, à quibus soli judicari poterant, nam Convassalli diversarum Baroniarum seu Ter­ritoriorum eidem Domino subjecti, non dicuntur propriè Pares, à Pari­tate igitur conditionis & dignitatis appellatio illa profluxit.

Exploditur virorum doctissimorum Sententia, quòd Pares deriva [...] ­tur à Patritijs Francicijs tenebantur Pares judicijs dominicis interesse, Judicumque munere fungebantur, & ad id astringebantur Feudorum suo­rum obligatione.

Quod si legittimam Excusationem haberent, quò minùs possent Judi­cijs dominicis interesse tenebantur eo casu, Paris sibi conditionis Vica­rios submittere, qui eorum locum tenerent in ijsdem Judicijs.

Dignitas autem Regia, Ducatus, Marchio, Comitatus, non dicitur [Page 169] propriè eò quòd Duces, Marchiones, & comites Regibus sint Pares, sed n Paur Meister de jurisdict Im­perij Rom. 45. tit. de legibus Conrad. & Forcat in com. de seudis. partim quòd à Rege proximè descendit.

Parium autem Judicia in ipsos Pares & convassallos exercebantur, adeò ut si aliquis oriretur sententia inter ipsos Pares dirimi non possit, nisi in Conventu & judicio Parium suorum, Domino ipso Feudali praesi­dente. In Parium consessu judicia ab ijs in dominum non exercebantur, quippe ils ne sont mis appeller Pers pour ce qu'il soient Per a lui, mais Pers sont entre eux ensemble.

Parium Judicia inter Pares seu Convassallos tantùm exercebantur.

Neque Pares duntaxat per Pares seu Convassallos ad judicium sub­eundum summonebantur, sed & actiones caeterae omnes Judiciae per Pa­res peragebantur. Cùm igitur Pares sint Vassalli, qui à Domino Feu­dali nudè pendent ratione Tenurae, atque ita etiam vulgò appellati sunt Barones, ideò vox utraque eadem notione passim usurpata legitur, pro majoris dignitatis Vassallo qui vel in Consilium adhibentur à Domino aut Rege. That which was mentioned by Ingulfus, to have been in use amongst the Monks, in the Abby of Croyland, being in the Raign of William Rufus.

And as to the Court Barons of the mesne Lords, derived from their Superiour, saith du Fresne, Parium judicijs non modo inter­erat Dominus, vel ejus Ballivus, sed etiam in rebus arduis concilium expetebat, ità ut Conciliariorum Domini feudalis vicem fungerentur.

In quibusdam tamen locis, ut in Comitatu Bellovensi, le Seig­neurs Du Fresne Tom. 3. 13 [...]. ne jugent pas en les Cors, mes les Homes jugent, & in locis ubi cum Paribus suis considet ejusmodi judiciis interesse non posse, si Litem vel Controversiam habet cum Paribus.

Pariae ex Hispanico Parias feudales redditus honores homagia.

And we might as well borrow from them the word Par­liament, which Du Fresne hath told us, was made use of by Lewis the 8 th. King of France in the year 1224. which was in the 8 th. year or 9 th. of our King Henry the 3 d., nineteen or twenty years before it was found, that the word Parlia­ment was used in any of our Publick Records, in the Antient and former Ages, in all the latter in our King's Writs of Sum­mons to their Parliaments (except some few by Inadvertency) giving it no other Title than Confilium or Colloquium.

And Du Fresne, after his learned Comments upon the word Baronia, and the Antient Usages thereof in England, saith, That our Bishops had their Regalia, seu majora dominia Episcoporum ac Praelatorum, quae à Regibus in feudum tenentur; and the Laws of our King Henry the 1 st. as our Gervasius Dorobernensis reporteth, do allow that Archiepiscopi & Episcopi habeant possessiones suas de Do­mino Rege, sicut Baroniam, & inde respondent Ministris & justitiae Regis, & id etiam obtinuit (saith du Fresne) in Francia, ut Regalia [Page 170] Episcoporum & Ecclesiarum Baroniae dicerentur: And he citeth very antient Authorities out of the French Authors, Records, and Re­gisters of their Parliaments, mentioning an Arrest or Judgment thereupon given in the year 1282. which was in the 9 th. Year of the Raign of our King Edward the First; and that long before, viz. in the Year of Grace 1233. which was in the 17th. Year of the Raign of our King Henry the Third, t [...] [...] Bar [...]ia Ecclesiae Lugdinensis, nam non modo propriè Re­gali [...], [...]Barones Servitiis omnibus feudalibus obnoxii erant, sed [...]iam in Comitiis publicis seu Parliamentis s [...]dere jus iis erat, cu­jus Du Fresne Gloffar. tom. 1. 492. & 49 [...]. apud nostros usus infinita praestant exempla apud Tullium & Alios, in Angliam vero Episcopos in Parliamentis publicis eo nomine locum & sedem habere constat.

And that Barones Eleemosynarii apud Stanfordum, & in jure Anglicano dicuntur Archi-episcopi, Episcopi, Abbates, & Priores, qui praedia sua Ecclesiae à Rège tenent per Baroniam, Baronias en [...]m suas ex Eleemosynis Regum perhibentur accepisse, licet ipsa praedia [...]rum saepè mun [...]ficentia consecuti fuerint, quomodo etiam apud nos Regalia Ecclesiarum censentur esse ex sola Regia liberalitate iis olim concessa.

And amongst our English Bishopricks, besides those of Ox­ford, Bristol, and Gloucester, which our King Henry the Fighth erected and endowed, the Bishoprick of Lincoln had many Mannors and Lands granted by or in the time of King Henry the First not in Eleemosinam, and that of Durham by King Richard the First, and great Possessions afterwards gained and laid unto it by Anthony Beke a Bishop of that See, in the Raign of our King Henry the Third, or King Edward the First.

And Quaestio agitata fuit (saith that Learned Sieur du Fresne) an supremi Palatii Francici Officiales possunt Du Fresne Idem. 138. in Tom. 3. Parium Franciae ju­diciis interesse, & cum iis consedere in judiciis in lite mota inter Jo­annam Comitissam Flandriae, & Johannem de Nigello, where­in by an Arrest of the Parliament of Paris in the Year One Thousand Two Hundred and Twenty Four, which was in the Eighth Year of the Raign of our King Henry the Third, it was adjudg­ed, That the Cancellarius, Buticularius, Camerarius, Constabularius, Franciae, & Marescalli Hospitii Domini Regis debent ad usus & con­su [...]dines observatas interesse cum Paribus ad judicandum Pares, ut quod ministeriales praedicti de hospitio Domini Regis debent interesse in Curiâ Domini Regis cum Paribus Franciae ad judicandum Pares, & tunc praedicti Ministeriales judicaverant praedictam Comitissam Flandriae cum Paribus Franciae.

Wherein our Ancestors, without any Arrest or Decree of Parliament, did rather give than take the Pattern, when their Bishops, as Chancellors of our Kings, very often and in a con­tinued [Page 171] Series from the Raign of King Edward the Confessor, who was not without his Charta Re­gis Edwardi Confestoris Ecclesiae S. Pe­tri Wellmon. 25 R [...]gni sui & Anno Do­mini 1066. Reinbaldus Regiae dignitatis, Vice-C [...]ncellarius, when Maurice Bishop of London was Chancellor to William the Con­queror in the first Year of his Raign, and other Bishops have in that high and great Office severally from thence succeeded unto the 29th. of Edward the First, and not a few of the other Bishops have been Treasurers and Secretaries of State, and by that Right alone, besides their Spiritual Rights, and Tempo­ral Baronies, did sit as Peers in that great Assembly, together with the Lord Privy-Seal, Constable, Marshal, and Great Cham­berlain of England, Lord Steward, Chamberlain of the Houshold, with the Dukes, Marquesses, Earls, Viscounts, and Barons of Eng­land, which do Illustrate that greatest of our Kings Councels, attended with such of the Judges, and other Assistants, as their Soveraigns shall be pleased to call or permit to Sit there­in.

Neither could those grand Officers claim a Right to be account­ed by them or any others Equal, or Co-ordinate with them or their Superiours, or to have any Vote in the House of Peers in Par­liament, by their sitting there, it being in the Act of Parlia­ment made in the 31st. Year of the Raign of King Henry the Eighth, Entituled, How. the Lords in Parliament shall be placed, wherein it being expressed, That it appertained to his Prer [...]ga­tive Royal, to give such Honor, Reputation, and Place to his C [...]un­cellors and other his Subjects, as shall be seeming to his excellent Wisdome. It was specially mentioned, That the Lord Chan­cellor, Lord Treasurer, Lord President of the King's Councel, Lord E. 1. H. 9. ca. 10. Privy-Seal, or Chief Secretary, that shall be under the degree of a Baron of the Parliament, are to give no Assent or Dissent in the Parliament. And it is likewise remarkable, That in the Ti­tle of that Act of Parliament, and all along and thorough the Body thereof, the House of Peers is only stiled the Par­liament, and no mention is therein at all made of the House of Commons in Parliament, nor any Care or Order taken for their Degrees or sitting in Parliament.

Neither do any of our Parliament Rolls, Records, or Au­thentick ancient Historians mention, that our Kings were in those their great Councels limited, or accustomed to call all their Barons thereunto. Nor until the latter end of the Raign of King Richard the Second, had voluntarily obliged them­selves to Summon thither the Dukes, Marquesses, Earls, and Viscounts, unto those their great Councels.

And when it hath been truly said, that Omne Majus conti­net in se Minus, it will not be easy to believe, That the [Page 172] Minus doth or should Continere in se Majus.

For in Anno 23 Edward the First, there were but Sixty-three Earls and Barons Summoned, and in the same Year upon a­nother Summons, but 45. King Edward the Second did not Sum­mon all the Earls and Barons.

In the 6 E. 3. the Ro. Parl. 2 [...]. like. M. 22 E. 3. 6 R. 2. & 11 R. 2. the like.

King Edward the 3d. in the 9th. Year of his Raign, Sum­moned but five Earls, and Eleven Barons.

In the 10th E. 3. the Elsiag's An­cient and Mo­dern manner of holding Parliaments ca. 1. p. 46. and 47. Parliament Writs of Summons were directed but unto Fourteen of the Temporal Barons, with a Memorandum entred, that Brevia istis Magnatibus immediatè prae­scriptis directa essendi ad Parliamentum praedictum remissa fuerint concilio Regis pro eò quòd quidam ex eis in partibus Scotiae & quidam ex eis in partibus transmarinis existant adnullanda. 15 E. 3. there were Sum­moned but 26 of all sorts.

16 E. 3. But a very few.

21 E. 3. Elsing ca. 2. 51. but 22.

45 E. 3. but thirteen Earls and Barons, and not many to diverse Parliaments after, (the great Commune & Genera­le Concilium, rightly understood, being but Synonyma's of the word Parliament) and of latter times they which were in the King's Displeasure have had their Summons, but with a Let­ter from the Lord Chancellour or Lord Keeper commanded not to come, but to send a Proxy.

In Anno 46 E. 3. and diverse years in the Raign of King Henry the 5th. few Earls and Barons were Summoned, for that many of them were then busied in the Warrs of France.

But in the Parliament in the Raign of King Charles the Martyr, John Earl of Bristol being denyed his Writ, petitioned to the House of Peers for it; whereupon he had it without any intercession of the House of Peers, but withal a Letter from the Lord Keeper, signifying his Majesties Pleasure, that he should send his Proxy, and forbear to come; whereupon he petitioned the Parliament again, shewing, That that Letter could not discharge him from coming, for that the Writ com­manded him to come upon his Allegiance; but that point was not then debated, for the said Earl was presently sent for as a Delinquent, and charged with High Treason, the Majores Barones being men of the best Estate, Extraction, and Abilities, and better sort of the Tenants in Capite, by antient Law and Custome of the Kingdom, being to be only Sum­moned according to the very old custome of the Romans, pro­bably [Page 173] learnt from thence, Sigonius de antiquo j [...] ­re Civium. Rom. lib. 2. ca. 2. who, as Sigonius writes, did in legen [...]o Senatores make choise of them according to their Birth, Age, Estate, and Magistracy well exercised and performed.

And could be no less then well warranted by a constant, well experimented, long approved and applauded Usage thereof for more than fourteen hundred Years, attested by the industrious Labours of Mr. William Pryn and others; and for the times before the Conquest, and the Learned Collections of Sir Robert Filmer, and others since the Norman Invasion, fortified by such Records (which in themselves are never found to lie) as the teeth of devouring Time hath left us, seconded by unquestionable, an­tient, authentick, classical Authors, which might silence those disputes Factious and Foolish opinions and cavils, which in the latter part of this last unquiet Century or age have been stirred up against that very Antient and Honourable Assembly or House of Peers, which all the former ages neither durst or did lift an hand or heel against, or so much as maligne or bark at: So greatly are our most degenerate, wickedly hypocritical, wor­ser Times altered from what they were or should be; and the only Recital of whose long and Antient Successions, through their so many several gradations, may abundantly satisfie any that are not before so prepossessed, as to resolve never to be satisfied with any thing that looks but like Truth or Reason, if they shall but read as they ought to do the ensuing Series or Catalogue: Wherein they may find, that in the Bud or Blos­som of Christianity in this our British Isle, whither with divers good Authors we believe that King Lucius, who is said to lie x Concilia Spelman 32. 34. buried at Winchester, did in the year 156, after the Birth of our Redeemer, or in the year 185, 186, or 187. write his Letter to Pope Eleutherius to transmit unto him the Roman Laws, it is allowed by Sir Henry Spelman to have been writ­ten Rege & Proceribus Regni Britanniae, and that Faganus and Dervianus two Doctors being sent by Eleutherius to King Lucius Baptized him, & cum regulis populum Baptizant, Clerum ordi­dinant, 3. Metropolitanos & 28. Episcopos instituunt.

Rex Ambrosius Aurelius ut memoriale Procerum Britanniae, quos Hengistus Saxonesque sui complices nefanda proditione in monte Ambrosij (qui nunc vulgò Stohenge dicitur) trucidaverant 480. Consul' & Barones aeternum fieret praegrandes Lapides, qui ibidem in borum memo­riam usque in praesens positi sunt ab Hybernia cum magna manu Ger­mano Spelma [...]l concilia 60 suo Uther illuc transmisso deportari fecit, qui c [...]n allati fuissent congregati sunt in monte Ambrosij edicto Regis magnates eum Clero & cum magno honore dictorum nobilium sepulturam prepararent.

[Page 174] In the Charter of King Aethelbert confirming his Grant of the Land given to the Church of St. Pancrase in the Year 605. It is Spelmanni concilia 119. mentioned to have been done, consensu venerabilis Au­gustini Archiepiscopi ac Principum suorum.

Et Decreta judiciorum ordinavit juxta exempla Romanorum concilio sapientum; and when Edwin King of Northumberland was per­swaded Selden tit. ho­nour 632. & Bede Hist Ec­cles. lib. 2. ca'. 5. to be a Christian, it is said, that he consulted cum prin­cipibus & conciliariis suis.

Anno Dominicae incarnationis Aethelbertus Rex in fide robora­tus Catholica unà cum beata regina filioque ipsorumque Eadbaldo ac Reverendissimo praesule Augustino caeterisque Optimatibus terrae solemni­tatem natalis Domini celebravit Cantuariae convocato igitur ibidem com­muni concilio tàm Cleri quàm populi.

In Anno Domini 673. a Parliamentary Councel was holden a Pryns 1st part of an his­torical col­lection of the antient Parli­aments of Eng land. 6. & Spelmanni con­cilia. 441. at Hertford presentibus Episcopis ac Regibus & Magnatibus universis, but not any Knights, Citizens, Burgesses or Commons, as we read of, saith Mr. Pryn.

A great Councel or Parliament was held at Becanfeld, where Wythred King of Kent was present.

Anno 694. In like manner, where none but the Peers were present.

The like Anno 710. at Worcester; but without any Com­mons.

The like in the Councel at Cliff. Anno 747. holden by Ethelbaldus King of Mercia, omnibus Regni sui principibus & duci­bus being present, but not one Knight or Burgess mentio­ned.

The like in Anno 787. at Colchuth coram Offa Rege & suis magnatibus, & convenerunt omnes principes tàm Ecclesiastici quàm se­culares.

Anno Domini 793. King Offa held a Councel at Verulam, where­in the King suorum Magnatum acquiescens concilio took a journey to Rome.

Anno 794. after his return Celebrated two Councels, the one at Colchyth, where were present nine Kings, twenty-five Bishops, twenty Dukes, (but no House of Commons) the o­ther at Verolam, Congregato apud Verolamium Episcoporum & Opti­matum concilio.

About the year 796. Cynewolf King of West Sex held a Councel where he wrote to Lullus Bishop of Mentz touching matters of Religion unà cum Episcopis suis nec non cum caterva Sa­traparum.

Anno 800. Kenulf King of Mercia called to the Councel at Clovesha, omnes Regni sui Episcopos, Duces & Abbates, & cujuscun­que [Page 175] dignitatis viros, where there was no mention of any Com­mons.

Anno 816. at the Councel of Colechyth Caenulf King of Mer­cia was present cum suis principibus, ducibus & optimatibus; but not a Syllable of Knights or Burgesses present.

About the year 822. in the Councel of Clovesh [...], where Beornulf King of Mercia, Wilfred Archbishop, Omniumque dignl­tatum optimates Ecclesiasticarum & Secularium were present, but no Knights of Counties or Burgesses.

Anno 824. another Councel was held by the same King at the same place assidentibus Episcopis, Abbatibus & Principibus b Spel [...]an Con­cil. Merciorum universis, but no Commons for ought appears; the King, Archbishops, Bishops and Dukes Subscribing their Names to the decrees there made.

About the same time a Councel called Pan-Anglicum, or for all England was holden at London, Praesentibus Egberto Rege West Saxonum & Withlasio Rege Merciorum, utroque Archiepiscopo, caete­risque Angliae Magnatibus, who Subscribed it.

Anno Domini Pryns Part of historical col­lections of the antient Parli­aments of England. 838. a Concilium Pan-Anglicum was holden at Kingston, where King Egbert and his Son Ethelwolph were present cum Episcopis & Optimatibus, but not a word mentioned of the Commons Assent or Dissent.

Anno 850. A Councel was holden at Beningdon Praelatis & proceribus Regni Merciae under King Bertulf, when Lands were Setled and Confirmed by them to the Abbey of Crowland, without the Assent or Mention of any Commons.

Anno Domini 851. In a Councel held at Kingsbury, under King Bertulf, Praesentibus Ceolnotho Archiepiscopo Doroberniae cae­terisque Regni Merciae Episcopis & Magnatibus without Knights or Burgesses.

Anno 855. There was a Councel or Parliament of all Eng­land held at Winchester, where Ethelulf King of West-Sex, Beor­red King of Mercia, and Edmond King of East-Sex, were pre­sent, together with the Arch-Bishops of Canterbury and York, Cae­terisque Angliae Episcopis & Magnatibus, wherein King Ethelwolf Omnium praelatorum & principum suorum gratuito concilio (without any Knights or Burgesses) gave the Tithes of all the Lands and Goods within his Dominions (a matter of no small Concern­ment to all his Subjects in their Estates and Proprieties) to God and the Church, which hath continued ever since in Force through all England.

Betwixt the Year 871. which was the beginning of King Alureds Raign, and the end of which was in Anno Christi Domini 900. that excellent and prudent Prince Collected and Corrected di­vers [Page 176] Laws made by the Saxon Kings, his Predecessors omitting others consulto sapientum & Prudentissimorume suis consiliis usus edicit LL Saxonis eorum observationem, which was probably so done in a great Coun­cel or Councels, which were afterwards called Parliaments, which in that so generally an unlearned age cannot be under­stood to be less than the Magnates of the Kingdom, Bishops and Barons.

And the like is to be said of the Prudentum concilium given to Edoard who began his Reign in Anno 900. and ended it in Anno 924, and as much is to be believed of the Councel or Parliament of King Aethelstan, who began his Raign in Anno 924, and ended it in the year 940. who besides what is mentioned in the making of his Laws, that he did it prudenti Ulfheline Ar­chiepiscopi aliorumque Episcoporum suorum concilio, did about the year of our Lord, 930. by his Charter give divers Lands to the Abby of Malmesbury; in one of which Charters or Grants there was a Postscript or Subscription in these words, Sciant sapientes Regionis Nostrae non has prefatas terras me injustè rapuisse rapinas Deo dedisse, sed sic eas accepi quemadmodum judicaverunt omnes Optimates Regni Anglorum, to wit, in a full Parliament, which then con­sisted only of the King and his Nobility.

Anno Domini 944. King Edmond granted many large liber­ties d Pryns histo­rical collecti­ons of the An­tient Parlia­ments of Eng­land. and the Mannor of Glastonbury to the Abby thereof cum con­cilio & consensu Optimatum suorum (made it seems saith Mr. Pryns in Parliament, and a clear evidence that the Nobles of that age were the Kings great Councel and Parliament) without any Knights, Citizens or Burgesses, of which he found no menti­on in History or Charters.

Anno 948. there was a Parliament or Councel holden at London, under King Edred Cùm universi Magnates Angliae per Re­gium edictum Summoniti tàm Archiepiscopi Episcopi & Abbates quàm caeteri totius Angliae Proceres & Optimates Londini convenissent ad tractandum de negotiis publicis totius Regni, in which Parliament no Knights, Citizens or Burgesses are said to have been pre­sent.

Anno 965, or 970. King Edgar with his Mother Clito his Successor, the King of Scots, both the Archbishops caeterisque Episcopis & omnibus Regni proceribus Subscribed his Charter gran­ted to the Abby of Glastonbury communi Episcoporum, Abbatum, Primorumque concilio generali assensu Pontificum Abbatum Optimatum suorum & concilio omnium Primatum suorum, without any Commons present (assistants and attendants only excepted.)

[Page 177] Anno 975. King Edgar and his Queen, Elferus Prince of Mercia, Ethelinus Duke of the East-Angles, Elfwold his Kinsman, Arch-Bishop Dunstan cum caeteris Episcopis & Abbatibus, Bricknotho Comite cum Nobilitate totius Regni held a Councel at Winchester without any Commons.

Anno 977. in the Councel of Calne under King Edward om­nes Anglorum Optimates were present, together with the Bishops and Clergy, but no Knights or Burgesses for ought is Recor­ded.

Anno Christi 1009. by King Ethelreds Edict, Universi Anglo­rum Optimates at Eanham acciti sunt convenire, not the Commons.

A Parliament was Summoned by King Edward the Confessor, concerning Earl Godwyn at Gloucester, where Totius Regni Proce­res, etiam Northumbriae Comites tunc famosissimi, Sywardus, Leo­fricus, omnisque Anglorum Nobilitas convenêre. Et Anno 1052. at London, Rex & omnes Regni Magnates ad Parliamentum a­pud London tunc fuerunt, Mr. Pryn declaring his Opinion, That the former and ancient Parliaments consisted of our Kings and their Spiritual and Temporal Lords, without any Knights, Citizens, or Burgesses, Summoned to Assist or Ad­vise with them, or to Assent unto what they Enacted or Or­dained. In the 25th. Year of his Raign granted Lands and Li­berties to Saint Peters Church at Westminster, Cum concilio & de­creto Secunda Char [...] E. Confessor S. Petri West­monaster in Concil collect per H. Spelman. Archiepiscoporum Episcoporum Comitum aliorumque suorum Optima­tum.

And from the Conquest until that forced something like but not to be accounted a Parliament, in the 49th. Year of the Raign of King Henry the Third, divers Learned good Au­thors, Summae & incorruptae fidei, no diminishing or additional Record-makers, have assured and given Posterity and after Ages such an exact Account of our Parliaments, as will leave no ground or foundation Sir Robert Filmers Free­holders grand Enquest. of Truth or Reason for any to believe, That an Elected part of the Commons were before that Imprisonment of King Henry the Third, in the 49th. Year of his Raign, made or Summoned to be a part of our English great Councels or Parliaments.

The Charter of William the Conqueror to the Abby of Bat­tel was made Assensu Lanfranci Archiepiscopi Cantuariensis, Stigan­di Seldeni ad Ead­merum notae & spicilegium 167 LL Gulielmi Conquest in Hist. Ecclesiast­gentis Anglo­rum ex Beda & LL Saxonis per Abrahamum VVhelocum Episcopi Cicestrensis, & Concilio etiam Episcoporum & Baronum suorum. And that great Conqueror had in the 4th. Year of his Raign, Concilium Baronum suorum & confirmavit Leges Edwardi Confessoris, posteaque Decreta sua cum Principibus constituit.

In the 10th. or 11th. Year of his Raign Episcopi, Comites & Barones Regni Regiâ potestate ad universalem Synodum pro causis [Page 178] audiendis & tractandis convocati fuerunt.

Separated the Courts Temporal from the Spiritual and Ecclesiasti­cal, Communi concilio & concilio Archiepiscoporum suorum & caeterorum Episcoporum Abbatum & omnium Regni sui; and in the Register of Winchelsey Arch-Bishop of Canterbury, it is Recorded, That Rex Angliae (Gulielmus Conquestor) in concilio Archiepiscoporum Abbatum & omnium Procerum Regni, did forbid the Leges Episcopales to be used in any Hundred or other secular Courts.

And in the 21st. Year of the Raign of King Edward the Third, Mr. Selden saith, There is mention made of a Great Councel holden under the said King William, wherein all the Bishops of the Land, Earls and Barons, made an Ordinance touching the Exemption of the Abby of Bury, from the Bishops of Norwich.

In that great and notable Pleading for three Dayes together at Pynnendon in Kent, in the Raign of King William the Con­queror, who (as Mr. Selden repeats it out of the Leiger Book, or Register of the Church of Rochester) Anglorum regnum armis conquisivit & suis ditionibus subiugavit, in the great Controversy betwixt Lanfranc Arch-Bishop of Canterbury, and Odo Bishop of Baieux and Earl of Kent, the Conquerors half Brother, for ma­ny f Seldeni ad E­admerum notae & spicilegium 198, & 199. great Mannors, Lands, and Liberties of a great yearly Va­lue, which Lanfranc claimed to appertain to his Arch-Bishop­rick, of which that potent Norman Bishop and Earl had in­justly disseized him; the King commanded the whole County without any delay to Assemble together, as well French as Eng­lish, and more especially such as were well Skilled and Learn­ed in the ancient Laws and Customs of England, as Gosfridus Episcopus Constantiensis, qui in loco Regis fuit & justitiam illam tenuit, Elnothus Episcopus de Rovercestria, Aegelricus Episcopus de Cicestria, Vir antiquissimus & legum terrae Sapientissimus (qui ex praecepto Re­gis advectus suit ad ipsas antiquas legum Consuetudines discutiendas & edocendas in una Quadrigâ) Ricardus de Tonebregge, Hugo de Monte Forti, Gulielmus de Acres Haymo Vicecomes, & alij multi Barones Regis & ipsius Archiepiscopi & aliorum Episcoporum homines multi, whose Decisions made by many Witnesses, Evidences, and Reasons, being certified to the King Laudavit laudans cum consen­su omnium Principum suorum confirmavit, & ut deinceps perseveraret fir­mitèr praecepit. Upon a Rebellion of Rafe de Guader a Norman, made Earl of Norfolk by the Conqueror, Confederating with some discontented English, whilst he was absent in Normandy, upon Notice thereof given, hasted into England, where omnes ad Cu­riam suam Regni Proceres convocavit legitimos Heroes & in fide pro­batos.

[Page 179] Unto which may be added, That in the Agreement be­twixt King William Mat. Paris. 16. Rufus, and Robert Duke of Normandy his elder Brother, touching his Claim to the Kingdom of Eng­land (being of great Concern to the People) wherein the King assured to the Duke All that he could Claim from his Father except England, it is said, Pactum juramento confirmârunt duodecim Principes nomine Regis, and 12. Barones nomine Ducis.

In the 2d. Year of King William the Second, there was a great Selden tit. honor. Councel De cunctis Regni principibus, and another which had all the Peers of the Kingdom.

In the 7th. Year of his Raign was a great Councel, or Par­liament so called, at Rockingham Castle in Northamptonshire, Epis­copis Abbatibus cunctisque Regni Principibus coeuntibus; and a Year or two after, the same King De statu Regni acturus called thi­ther by his Command his Bishops, Abbots, and Peers of the Kingdom.

Anno 1106. Robert Duke of Normandy coming into Eng­land, Mat. Paris. 60. 64, 68. and seeking to be reconciled to his Brother King Henry the First, which could not at Northampton be effected Magna­tibus regni ob hoc Londonium edicto Regis convocatis, the King by fair Words and Promises so frustrated the Dukes designs, as Omnium corda sibi inclinavit, ut pro ipso contra quemlibet usque ad ca­pitis expositionem dimicarent, Dux in Normanniam iratus perrexit, & Rex ipsum secutus est usque in Herchebrai Castellum, trahens secum omnes ferè Proceres Normanniae & Andegaviae, robur Angliae & Britanniae, ut ipsum debellaret.

The Emperour having sent Ambassadors unto him, to re­quest his Daughter Maud in Marriage, Tenuit itàque Rex apud Westmonasterium in Pentecosten Curiam suam, quâ nunquam te­nuerat splendidiorem, wherein the Marriage was concluded.

Anno Domini 1114. Rex Anglorum Henricus fecit omnes suae potestatis Mat. Paris. 51. & 5. Magnates (as if there were no need of Commons, which were then believed to be included in them) fidelitatem jurare Willielmo filio suo.

At the Coronation of which King, who had usurped his said elder Brothers Kingdom, and stood in fear of his better Title, it was said, That all the People of the Kingdom of England were present, but the Laws (and Charter) then made were Per commune concilium Baronum suorum confirmed; and that Charter was attested by Mauritio Londoniensi Episcopo, Willielmo Wintoniensi electo, Odoardo Herefordiensi Episcopo, Henrico Comite, Si­mone Comite, Waltero Gifford Comite, Robert de Monti forti, Ro­gero Bigod & aliis multis; Et factae sunt tot Chartae quot sunt Comi­tatus in Anglia, & Rege jubente positae in Abbatiis singulorum Comi­tatuum ad Monumentum.

[Page 180] In the 3d. Year of his Raign, the Peers of the Kingdome were called, without any mention of the Commons; and Or­ders were at another great Councel made Consensu Comitum & Baronum. Florentius Wigorniensis saith, that Lagam Edwardi Regis LLH 1. ca. 2. reddidit cum illis emendationibus quibus eam Pater suus emendavit con­cilio Baronum suorum.

After whose Death King Stephen Ordericus vitalis lib. 13. 930. having Usurped the Crown of England, which did not at all belong unto him, and Fought stoutly to keep it, Concilium congregavit & de statu Rei­publicae cum Proceribus suis tractare studuit.

Anno Domini 1153 Justitiâ de Caelo prospiciente diligentiâ Theo­baldi Archiepiscopi Cantuar' & aliorum Episcoporum regni, King Stephen having no Issue Facta est concordia betwixt him and Henry Duke of Normandy, after King Henry the Second, who was by King Stephen acknowledged In conventu Episcoporum & allorum Optimatum, wherein it was accorded, That Duke Henry, saith Mathew Paris, should Succeed him in the Kingdom, Stephen on­ly enjoying it for his Life, if he should have no Children, ex concessione Ducis Henrici, ità tamen confirmata est pax, quòd ipse Rex & Episcopi praesentes cum caeteris Optimatibus regni (no Commons) jurarent, quòd Dux post mortem Regis si ipsum superviveret, Regnum fine contradictione aliqua obtineret.

King Mat. Paris. 100. Henry the Second, in the 10th. year of his Raign, held a great Councel or Parliament at Clarendon (where some of the Customes and Constitutions of the Kingdom were Re­cognized) which was an Assembly only of Prelates and Peers.

Anno 1118. in a Peace or League made betwixt him and Philip King of France, it was agreed, That in any Matters of Difference Mat. Paris. afterwards ariseing betwixt them, they should abide by the Award of three Bishops, and three Barons to be Elected on the King of France his part, and the like on the King of Englands.

Anno Gratiae 1272. Venit Oxenford & in generali Concilio ibidem celebrato constituit Johannem filium Hovedeni Anpales parte posteriore. 566, and 567. suum Regem in Hybernia concessione & confirmatione Alexandri summi Pontificis, & in eodem concilio venerunt ad Regem Resus filius Gryphini Regulus de South-Wales, & David filius Owini Regulus de North-Wales, qui So­rorem ejusdem Regis Angliae in uxorem duxerat, & Cadwallanus Re­gulus de Delmain, & Owanus de Kavillian, & Griffinus de Bromfeld, & Madacus filius Gerverog, & alii multi de Nobiliori­bus Gualliae, & omnes devenêrunt homines Regis Angliae patris, & fi­delitatem ei contra omnes homines, & pacem sibi & regno servandam juraverunt.

[Page 181] In eodem concilio dedit Dominus Rex Angliae praedicto Reso filio Griffini terram de Merionith, & David filio Owani terram de El­lismore.

Deditque Hugoni de Lasci, ut supradictum est, in Hybernia totam Midam cum-pertinentiis, pro servitio centum militum de ipso & Johan­ne filio suo, & Chartam suam ei inde fecit.

And being to return an Answer to the Popes Letter, inviting him to take upon him the Croysado, Prrte 1st part of a brief Register of Parliamentary writs. and succour the Holy Land, assembled a Parliament at London, ubi dominus Rex & Patriarcha (Jerusalem) Episcopi, Abbates, Comites & Barones An­gliae (but no Knights, Citizens or Burgesses thereof saith Mr. Pryn) Willielmus Rex Scotiae & David frater ejus cum Comitibus & Baronibus terrae suae convenerunt.

Anno Domini 1162. Mat. Paris. 98. 154. 158. 166. (without leave of Parliament or Peo­ple) Fecit jurare fidelitatem Henrico filio suo de haereditate suâ, & inter omnes Magnates Regni Thomas Cancellarius primus fidelitatem juravit, salvâ fide Regi patri, quamdiù viveret & regno praeesse vel­let.

In the 22d. Year of his Raign held a great Councel at Nottingham by Archbishops, Bishops, Earls and Barons.

At Windsor Communi concilio, with Bishops, Earls and Ba­rons. And the like afterwards at Northampton.

King Richard the 1st. held shortly after his Coronation, upon the invitation of the King of France and his undertaking to do the like, a great Councel or Parliament, cum Comitibus & Baronibus suis Hoveden. 376. 378. 413. qui Crucem susceperant in generali Concilio constituti apud Londonias, tak­ing their Oaths for the recovery of the Holy Land, hasting thither and passing into Normandy Elianor Regina mater Richardi Regis, with whom he had left the care of the Kingdom, and Alays Soror Phillippi Regis Franciae, Baldwin Archbishop of Canterbury, the Bishops of Norwich, Durham, Winchester, Ely, Salisbury, Chester, Geffry the Kings Brother elected Archbishop of York, and John Earl of Morton the Kings Brother, shortly after transfretârunt de Anglia in Normanniam per mandatum Domini Regis, & habito cum illis concilio Dominus Rex statuit Willielmum Episcopum Eliensem Can­cellarium suum Justitiarium Angliae.

Granted to Hugh Bishop of Durham, Justitiam à fluvio Humbri usque ad terram Regis Scotiae, made his Brothers John Earl of Mor­ton and Geffry elect Archbishop of York, to swear tactis sacrosanctis Evangeliis, that they would not come into England within three Years then ensuing, nisi per licentiam illius, but suddenly after re­leased his Brother John of his Oath, and gave him leave to return into England, taking his Oath quòd fidelitèr ei serviret.

[Page 182] In Crastino Exaltationis Sanct [...] Crucis apud Mat. Paris. 154. Pipewel Archiepis­coporum, Episcoporum, & aliorum Magnatum suorum fretus concilio benignè concessit Galfrido fratri suo Archiepiscopatum Eborum; & circa dies istos iturus ad Terram sanctam per concilium Magnatum suorum Gerardum Ar­chiepiscopum Auxisnem, Richardum de Canvill &c. Justiciarios constitu­it super totum navigium Angliae, Normanniae, Britanniae & Pictaviae. Et tradidit illis Chartam suam in hac forma: Richardus Dei gratia Rex Anglorum omnibus hominibus suis per mare ad Terram sanctam ituris sali­tem; Sciatis Nos de proborum concilio virorum has Justitias statuisse, be­ing certain severe Sea Laws, & illas Consuetudines ab omnibus observan­das, & quòd singuli Justitiariis obedirent, fecit Sacramento confirmari.

Eodem tempore in the Kings absence ad instanciam Comitis Jo­hannis fratris ipsius Regis convenerunt apud Pontem de Leodune inter Radingum & Windeleshores ad colloquium Magnates Angliae de mag­nis & arduis Regis & Regni negotiis tractatur', in crastino autem tàm Archiepiscopus Rothomagensis quàm Eboracensis & Episcopi om­nes apud Radingum convenerunt & colloquio interessent. The Bishop of Roan being sent thither by the King to take and give him an account thereof.

Anno Domini 1290. Rex Anglorum Richardus ad natale Domi­ni fuit in Normanniam apud Burum, & ibi tenuit solenne festum cum Primatibus terrae illius, & post natale habitum est Colloquium betwixt the Kings of France and England, where the Expedition was agreed upon, and a Peace made and sworn betwixt the two Kingdoms, Mat. Paris. 156. and the Comites & Barones utriusque Regni (none of the Com­mons) did swear, That they would remain faithful to both the Kings, and make no Warr until fourty dayes after their return, and the Archbishops and Bishops utriusque Regni juraverunt to de­nounce sentence of Excommunication against the Transgressors.

In which Warrs in the East for recovery of the Holy Land, after many glorious Victories obtained against the Infidels, King Richard, (being shipwrackt Mat. Paris. 158. and with a small company escaping cast upon the Territories of the envious Duke of Austria his in­censed Aemulator, for that he had caused his Standard, which he had set up before his at the taking of the Town of Joppa, to be taken downe, and thrown into a Jakes) was discovered, Idem 172, 173. way-laid, taken, and delivered or sold to the Emperour of Germany for 60000l. of Silver ad pondus Coloniensium.

And the Emperour (to whom his Brother John, who had in his Absence endeavoured to usurp his Kingdomes, and with the King of France his Confederate Hoveden. 417. offered great summs of Mo­ney, whereof the latter would have paid 50000 Marks of Silver and the former 30000, to have him detained Prisoner) detest­ing their Practises, and shewing to King Richard their Letters, [Page 183] after much Respects and Kindness to such a magnanimous Pri­soner, agreed to take for his Ransom 140 thousand Marks of the same kind of Money, which he paid to the Duke of Austria, without any thing to be paid for the Expenses of himself or any other; but an Oath was first taken by the Bishops, Dukes, and Barons, that as soon as the Money should be paid, conti­nuò liber proprium regrederetur ad regnum, which being together with the Emperours Letter published in England by the Bishop of Ely his Chancellor, suddenly after Exiit edictum à Justiciariis Regis, ut omnes Episcopi, Clerici, Comites, Barones, Abbatiae & Pri­oratus quartam partem Redituum suorum ad redemptionem Regis confer­rent, & insuper ad illud Pietatis opus Calices aureos & argenteos sustu­lerunt.

And upon his delivery by the Archbishops of Mentz and Co­logne Hoveden 417. into the hands of Queen Elianor his Mother, on the be­half of the Emperour gave Sureties or pledges, until all the Mo­ney should be paid Walter Archbishop of Roan, Savarick Bishop of Bath, Baldwin de Wac & alios multos filios Comitum & Baro­num suorum de pace servanda Imperatori & Imperio suo & omni ter­rae suae dominationis.

The Bishop of Norwich Mat. Paris. 173. dimidium pretij de Calicibus sumpsit, & de rebus habitis Regi donavit, and the Cistertian Monks being alwayes before by Priviledge freed from any Contributions, Bona sua universa ad Regis redemptionem dederunt.

Anno gratiae Mat. Paris. 199. 200, 204. 206. 1200. King Richard being dead Rex Francorum Philippus & Rex Anglorum Johannes inter Wailan & Butavius castella ad colloquium convenerunt, ubi convenit inter eosdem Reges cum concilio Principum utriusque Regni, quòd Ludovicus filius Regis Fran­corum & haeres duceret in uxorem filiam Aldefonsi Regis Castellae & Neptem Regis Johannis, & Rex Anglorum pro hoc matrimonio contra­hendo daret Ludovico cum nepte sua nomine Blanca in maritagio Civi­tatem Ebroicarum cum toto comitatu, & insuper 30000 marcarum Ar­genti.

Rex Johannes post completa negotia in partibus transmarinis trans­fretavit in Angliam, veniens autem Londonias apud Westmonaste­rium, Huberto Archiepiscopo Cantuariensi & Magnatibus Regni prae­sentibus, Gaufridus Archiepiscopus Eborqcensis cum Rege pacificatus est, quo tempore Rex Johannes significavit Willielmo Regi Scotorum ut veniret ad eum ad Lincolniam, ut ibidem de jure suo sibi satisface­ret in Crastino sancti Eadmundi.

Ubi convenerunt Rex Anglorum Johannes & Rex Scotorum Willielmus cum universa Nobilitate tàm Cleri quàm populi utriusque Regni, whence he directed his Writ to the Barons, and those which did hold of him in Capite, to come unto him with Horse [Page 168] and Armes to Northampton, die Domini [...]â proximè ante Pentecosten, in formâ sequente.

Rex &c. Henrico Ro. claus. 6. Johanni▪ m. 2. [...]. &c. Mandamus tibi quòd in fide quam Nobis de­bes, ficut Nos & corpus & honorem Nostrum diligis, omni occasione & dilatione postpositis, sis ad Nos apud Northampton die dominica proxi­mè ante Pentecosten, paratus Equis & Armis & aliis necessariis ad movendum cum corpore Nostro & standum Nobiscum ad minus per duas quadragesimas, ità quòd infra terminum illum à Nobis non recedas ut tibi in perpetuum in grates seire debeamus T. &c.

And in the same year Summoned the Peers (but no Com­mons) to a great Councel or Parliament (not for Military Aid) in Ro. claus. 6 Johannis m. 3 in dors. these words, Rex, &c. Episcopo Sarum Mandamus vobis rogantes, quatenus omni occasione & dilatione postposit' sicut Nos & honorem No­strum diligitis, sitis ad Nos apud London die Dominicâ prox' ante Ascen­cionem Domini, Nobiscum tractatur' de magnis & Arduis negotiis Nostris & Communi Regni utilitate, quia super biis quae a Rege Franciae per Nuntios nostros & fuos mandata sunt, unde per Dei Gratiam bonum spe­ramus proveniri vestrum expedit habere Concilium & aliorum Magnat' terrae nostrae, quos ad diem illum & locum fecimus convocari, vos etiam ex parte Nostra & vestra Abbates & Priores conventuales totius Dioce­sis vestrae citari faciatis, ut concilio praedicto Nobiscum interfitis, sicut diligant Nos & Communem Regni utilitatem. Teste, &c.

And shortly after Celebrating apud Portesmue solemnitatem festi Pentecostes, Rex cum Reginâ in Normanniam Transfretârunt, ex­inde veniunt ad colloquium Reges Anglorum & Francorum prope insu­lam Andelard & pacificè convenit inter eos, & Barones de regno Fran­corum were fidejussores pro Rege suo, and undertook the Guarran­ty to compel him, if he should violate that Peace, Et eodem modo factum est in parte Regis Anglorum.

Et Eodem Anno Rex fecit generalitèr Acclamari, ut legalis Assisa panis inviolabilitèr sub poenâ Collistrigiali observaretur, quae probata fuit per pistorem Gaufridi filii Petri Justitiarii Angliae, & pistorem R. de Thurnam, ità quòd pistores sic poterint vendere.

King John being Dead, Mat. Paris. 298, & 299. and leaving his Son Henry very young, Willielmus Marescallus Comes Pembrochiae, without the Con­sent of the Commons, or Knights, Citizens, and Burgesses Elected, was ordained Regis & regni Tutor.

Obiit Willielmus Mat. Paris. 304. Mariscallus Regis & regni Rector, post cujus mortem Petrus Wintoniensis fuit (without the Consent of the Commons) Custos Regis.

In Anno Domini 1221. Upon a Rebellion of Fulke de Brent and others, Convenerunt Magnates Angliae ad Regem apud Westmonasterium ut de negotiis regni tractarent, no Knights, Citizens, or Burgesses mentioned.

[Page 185] 4. or 5. Henry the Third, Convenerunt Magnates Regis (no Com­mons) apud Westmonasterium ut de negotiis Regni tractarent. Idem ibidem 310. 316.

Anno Mat. Paris. 316. Domini 1223. apud Londonias Rex venit (without the Commons) cum Baronibus ad colloquium.

Anno Domini 1224. convenerunt ad colloquium apud Northamp­ton Rex cum Archiepiscopis, Episcopis, Comitibus, Baronibus & aliis de Regni negotiis tractaturi (no Knights, Citizens, or Burgesses Elected there present) voluit item Rex uti concilio Magnatum suo­rum de terris transmarinis quas Rex Francorum paulatim occupa­verat, but was hindered by other Accidents.

Eodem Anno Rex Henricus ad Natale tenuit Curiam suam apud h Mat. Pari [...]. 316. and 318. Oxoniam, & postmodum in Octabis Epiphaniae apud Londonias veniens cum Baronibus ad colloquium, requisitus est ab Archiepiscopo Cantuariensi & Magnatibus aliis (no Commons, although greatly concerned in their Estates and Liberties) ut libertates & liberas consuetudines pro quibus Guerra mota fuit contra patrem suum confirmaret.

Which the King yielding unto, Habito concilio misit literas suas ad Singulos Vicecomites Rogni ut per 12 Milites vel legales homines utriusque Comitatûs per Sacramentum facerent inquiri (no Writ to Elect Members of an House of Commons in Parliament) quae fuerunt Libertates in Angliae tempore Regis Henrici Avi sui & factam inqui­sitionem ad Londonias mitterent ad Regem in quindecim diebus post Pascha (which, saith Sir Henry Spelman, was never found or returned)

Eodem Anno Murmuratio non modica fuit à Magnatibus Angliae, contra Hubertum de Burgo Justiciarium, & Rex Henricus curiam suam apud Northampton tenuit, when the Arch-Bishop of Can­terbury, cum Suffraganeis suis & militia magna nimis being present, and with great Solemnity pronouncing Excommunication a­gainst the Disturbers of the King, the Church, and Kingdom, undè (Barones) Saluberrimo concilio usi venerunt apud Northampton ad Regem universi, surrendred unto him the Castles and Lands which they had obtained or gained from the Crown.

Anno Domini 1225. which was Anno 9 Henry the Third Rex Henricus ad Natale Domini tenuit Curiam suam apud Westmona­sterium praesentibus Clero & populo cum Magnatibus Regionis Solemni­tate completâ, Hubert de Burgo, Domini Regis Justitiarius, ex parte Regis proposuit coram Archiepiscopis, Episcopis, Comitibus, Baronibus, & aliis Universis damna & injurias quae Regi illata fuerant in par­tibus transmarinis, ex quibus non solum Rex, sed & Comites multi & Barones sunt exhaeredati cum ipso, petiit ab omnibus concilium & auxi­lium, and demanded a fifteenth of all the Moveables in England, tàm Ecclesiasticorum quàm Laicorum, unto which Archiespicopus & tota Concio Episcoporum, Comitum, Abbatum, & Baronum, habitâ de­liberatione [Page 186] Regi dedêre responsum, quod gratantèr adquiescerent si illis diu petitas libertates, without any Elected for the Commons, con­cedere voluisset, annuit itaque Rex cupiditate ductus quod petebant Magnates.

Eodem Anno Mat. Paris. 324. convenerunt apud Westmonasterium ad colloquium Rex Anglorum cum Magnatibus (no Commons mentioned) where the King Jussit sententialiter diffinire quid de Proditore suo Falcasio foret agendum; whereupon Proceres concenserunt cum Rege, that he should abjure the Kingdom, Quo facto precepit Rex Will' Comiti Warrenno to see it done.

Anno Domini 1226. venit interea terminus Concilii apud West­monasterium Mat. Paris. 328. 336. praefixus, ubi Rex cum Clero & Magnatibus Regni (none Summoned or Elected for the Commons) comparere de­buerat ut Domini Papae Mandatum audiret.

Whereupon the Legat pressing the English Prelates and Clergy in Parliament very hard for a Tenth upon their Spiritual Livings, they Answered, that Ista quae Nobis proponitis Regnum sententialiter tangunt & generaliter omnes Ecclesiarum Patronos (which might have required the Assent of an House of Commons; yet were not then either Summoned or Elected) Tangunt Episcopos & omnes Suffraganeos, nec non Innumeres Angliae Praelatos. Cumque ergo Rex propter infirmitatem & Archiepiscopi nonnulli & Episcopi & alij Eccle­siarum Praelati sunt absentes & in eorum absentiam (Papae) respon­dere non possunt nec debeant; Quia si id facere presumerent in Prejudi­dicum omnium absentium Praelatorum fieret.

Et hiis dictis venit Johannes Mariscallus & alij Nuntij Regis ad omnes Praelatos qui de Rege Baronias tenent in Capite destinatis, districtè mandantes ne Laicum feudum sacrae Romanae Ecclesiae obligârent, unde a servitio sibi debito personaliter, Haec omnia cum Magister Otto intellexisset statum hiis qui alterum diem ibi in media Quadragesimae dum ipse procureret Regis adventum & absentiam Praelatorum, ut tunc negotium sortiretur effectum, sed illud absque Regis & aliorum qui ab­sentes erant assensu praefixum diem admittere. Ita singuli ad propria sunt reversi.

Rex Convocatis seorsim Praelatis & quibusdam Magnatibus (no Commons mentioned) dedit responsum Nuntiis Imperatoris circa electio­nem [...] Mat. Paris. 421. Richardi Comitis Cornubiae Regis fratris in Regem Romano­rum.

Rex Anglorum ardenti desiderio sitiens ad partes Transmarinas Ho­stiliter transfretare convocavit Conciliariis suis fecit recitari literas a Do­mino Mat. Paris. 336. Papa transmissas quaerens, not to disturb the King of France whilst he was in the Wars at Jerusalem, Ab eis Concilium placuit. Itaque Praelatis & Magnatibus universis (no Commons at that Council) ut differetur negotium.

[Page 187] Anno Henry the Third, 11. apud Oxoniam Concilio Congregato denunciavit coram omnibus se Legitimae esse aetatis & de caetero solutus a Custodia Regni negotia & se principaliter ordinaret.

Anno Domini 1229. which was in 13. Henry the Third, Rex Anglorum Henricus ad Natale Domini Curiam suam tenuit apud Oxo­niam Mat. Paris. 333. 429. 435. praesentibus Magnatibus Regni, no Commons thither sent or Elected.

Eodem Anno Rex Anglorum Henricus congregavit apud Portesmue Idem. 363. totam Nobilitatem Regni Angliae Comites, viz. Barones & Milites cum tanta equitum & peditum turba quantam nullus Antecessorum suorum aliquo creditur tempore congregasse.

Anno Domini 1232 which was 16. Henry the Third, conve­nerunt nonas Martij ad colloquium apud Westmonasterium ad voca­tionem Regis Magnates Angliae tàm Laici quàm Praelati (no Com­mons sent or Elected) of whom the King requiring Aid for his Wars and payment of his Debts, Comes Cestriae Ranulphus pro Idem. 372. Magnatibus loquens respondit quòd Comites, Barones, & Mili­tes qui de eo tenebant in Capite, having Personally attended him, were many of them gone home, and could give him no Aid; and the Bishops pretending the Absence of divers of the Bi­shops and Abbots, petiêrunt inducias until they all might meet together, Praefixus est itaque Dies à quindecim diebus post Pas­cha.

Anno 1236. which was 20. Henry the Third, congregati sunt n Mat. Paris. Idem. 421. 422 Magnates Angliae (no Commons) Londini ad colloquium nego­tiis Regni tractaturi.

Anno 21. Henry the Third, tenuit Curiam suam ad Natale apud Wintoniam & Misit per omnes fines Angliae Scripta Regalia (his Writs of Summons) praecipiens omnibus ad regnum Angliae spectan­tibus. viz. Archiepiscopis, Episcopis, Abbatibus & Prioribus installa­tis, Comitibus & Baronibus, ut omnes sine omissione in Octavis Epi­phaniae Londoniis convenirent Regia negotia tractaturi totum regnum contingentia, quod audientes Magnates (no Commons) Regis praecep­tis c [...]n [...]inuò paruerunt.

Anno 22. Henry the Third, Rex recedens a Londoniis venit Mat. Paris. 421. 422. 468. Mortonam ut ibi revocati Magnates (only) audito recenti Imperatoris Mandato una cum Rege de regni negotiis contractarent, Diebus etiam eisdem Rex Henricus Tertius pro salute animarum & emendatione Regni sui Spiritu ductus Justitiae & Praelatis quasdam Leges novas constituit & constitutas per regnum suum inviolabiliter jussit observari.

Et eodem Anno convenerunt Magnates Londini die statuto multis equîs & armis communiti, ut si Rex circumventus per lenitatem reca­latraret cogeretur.

Eodem Anno in colloquio (ad quod ex lo [...]ginqùo Nobiles convocaverat) he prayed an Aid.

[Page 188] Eodem Anno Scripsit omnibus Magnatibus suis, (no Commons) ut coram eo & Domino Legato Papae in festo Exaltationis sanctae Crucis apud Eboracum convenirent, de Arduis regnum contingentibus tracta­turi.

Anno 24. Henry the Third, convenerunt apud Radingum omnes Archi [...]piscopi, Episcopi & Majores, Abbates & quidam Magnates Regni Papale Mandatum à Domino Legato explicandum audituri.

Anno 26. Henry the Third, Archiepiscopus Eboracensis Custos Regni Existens & omnes Episcopi Angliae Abbates & Priores per se vel per Procuratores suos, nec non & omnes Comites, & ferè omnes Barones Angliae ad Mandatum Domini Regis convenerunt apud West­monasterium.

Eodem Anno Rex Mat. Paris. [...]79. Anglorum omnibus suis Angliae Magnatibus, Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus & Baro­nibus, districtè praecipiens ut omnes generalitèr Londinum conveni­rent die Martis prox ante festum Purificationis beatae Mariae Vir­ginis de negotiis Regni dilationem non Capientibus cum summa delibe­ratione Tractaturi, imminente vero die totius Angliae Nobilitas tàm Praelatorum quàm Comitum & Baronum secundum Regium praecep­tum est Londini congregata, atque Regi auxilium pecuniare petenti restiterent Magnates (no Commons) &c. Archiepiscopus Eboracen­sis & omnes Episcopi Angliae Abbates & Priores per se vel per Pro­curatores suos, nec non & omnes Comites & ferè omnes Barones Angliae (no Commons) in Scriptis dederunt responsionem.

28. Henry the Third, Convenerunt Regia submonitione Londi­num Mat. Paris. 639. Magnates totius Regni, Archiepiscopi, Episcopi, Abbates, Prio­res, Comites & Barones tunc (to answer to the Kings demands) & de communi Assensu electi fuerunt ex parte Cleri Cantuariensis, Wintoniensis, Lincolniensis, & Wigorniensis, Episcopi ex parte Laicorum (which were not to be believed to be any more present, than the Universitas or whole Body of the Clergy) Richardus Comes frater Domini Regis, Comes Bigot, Comes Legr' Simon de Monte Forti, & Comes Mariscallus W'ex parte verò Baronum Richardus de Muntfichet, Johannes de Bailioil, & de Sancto Edmundo, & de Rameseia Abbates.

Convenêrunt autem iterum (for it appears they had been pro­rogued) Magnates cum Praelatis generaliter Londini (no Com­mons at all mentioned.)

▪ Upon the Emperor Fredericks being Excommunicated, and deprived by the Pope, notified to the Kings of England Mat. Paris. 681. and France, who fearing the example, had sent their Embassadors to Rome, in the 29th. Year of the Raign of King Henry the Third, Expectantibus Universitatis Anglicanae Procuratoribus viz. Comes Richardus Bigod cum suis Consortibus placabile domini Papae responsum.

[Page 189] Anno 30. Idem. 89 [...]. Henry the Third, Rex missis literis suis totius Reg­ni Magnates convocavit Londini de statu regni generalitèr tracta­turos. Where the Pope intercedes for the Pardon of Fulke de Idem. 325. Brent, and the King denied it, because the Judgment against him was given in Parliament, ab enim omni Clero & populo regni, per judicium Curiae suae ab Angliâ fuerat in exilium pulsus, & licet regni cura specialiter ad ipsum spectare videretur, debet legis quidem & bonas Regni consuetudines observare, although Mat' Paris him­self P. 324. 32 [...]. 693. had said, That Rex did sententialitèr diffinire, and the Pro­ceres and Magnates consenserunt cum Rege, that he should abjure the Kingdom and be banished (the King's Court being then the Parliament without Commons.)

Anno 31. Henry the Third, Rex cum Magnatibus tractatum ha­buit diligentem per plures concilium urgens dies.

Medio Quadragesimae edicto Regio convocata convenit ad Parliamen­tum generalissimum Anglicani totius nobilitatis Londini videlicet Prelatorum tàm Abbatum, Priorum, quàm Episcoporum, Comitum quo­que & Baronum, ut de Statu Regni jam vacillantis efficacitèr prout exegit urgens necessitas contrectarent.

Upon further troubles and concernments of the Kingdom Mat. Paris. 709. 720. 7 [...]7. 730. Convenêrunt ad Parliamentum memoratum totius regni Magnates, (no Commons) imprimis aggressus est Dominus Rex ore proprio Epis­copos per se, postea verò Comites & Barones, deinde Abbates & Priores.

Afterwards in the same Year Habitum est magnum Concilium inter Regem & regni Magnates apud Wintoniam super multiplici Regni totius & maximè totius Ecclesiae desolatione, wherein, upon the hopeless Account given by William de Powic, and Henry de la Mare, two of the Procurators sent to Rome, of the Popes obstinacy to continue his Pilling and Polling of the King­dom:

It is said, Haec autem cùm audisset dominus Rex cum Magnati­bus Mat Paris. 709. suis (not the Commons) commotus est vehementèr & meritò, praecepitque voce Praeconis in omnibus Comitatibus per omnes villas loca & congregationes, that no Man should pay any of the Popes Exactions.

And in the 31. Henry the Third, Rex cum Magnatibus trac­tatum habuit diligentem & per plures concilium urgens dies protela­vit.

Per idem tempus Dominus Rex comperiens regnum suum enormi­tèr periclitari jussit omnem totius regni Nobilitatem convocari, ut de Statu ipsius manifestè periclitantis Oxoniis diligentèr contrectarent, Praelatis autem maximè ad hoc Parliamentum vocavit arctius.

32. Henry the Third, at the Quindena of St. John Baptist co­venit Idem. 749. [Page 190] Londinum tot [...]s Angliae Nobilitas venientibus in unum om­n [...]b [...]s regni Primatibus in a great expectation of the King's re­dressing of Grievances.

Anno 33. Henry the Third, Rex congregavit omnes regni No­biles, [...]. [...]. ut [...]rum consensum flecteret ad auxilium dandum, sent his Let­ters by Symon Pasleu to the Sheriffs of every County, to Col­lect what they could of them.

An [...]o 35. Henry the Third, 13 Calendarum Martij habitum est Parliamentum magnum Londini, sicut fu rat praelocutum & praefixum, [...]. [...] & [...]. where Henricus de Bathonia Justiciarius Regis being greatly ac­cused by the Commons (not any Commons Elected to come in Parliament) was afterwards, for a Fine or great Sum of Money, pardoned by the King, when he was hugely incen­sed against him, yet there was enough to manifest that there were none of the Commons.

Eodem Anno instante Paschali solennitate fecit dominus Rex con­vocari Londini omnes Magnates Angliae cruce signatos, ut infra Quin­denam [...]. Paschae ibidem convenerent, & super n [...]gotio Terrae sanctae eujus honor enormiter vacillare videbatur diligentèr contrectarent.

Adhuc autem non terminato Parliemento, where the King was said to be inexorabilis factus omni petenti saltem breves inducias debitoribus suis non concessit & graviter Comes (L [...]griae) in cu [...]ia Regis accusatus, and when the King magnâ irâ had comman­ded Richard Earl of Cornewall his Brother, to deliver up his Patent or Commission of the Covernment of Gasco [...]gne, which the Earl refused, and charged the Citizens of Bourdeaux to ap­prehend him, which they denyed; it is said, that Noluit autem Rex hoc praecipere Magnatibus Angliae, certus quòd hoc nullatenùs facerent siue maximâ consideratione. Rex igitur nè viderentur quidam Magnates qui jam illuc advenerant inanitèr suisse convocati districtè tractatum suscitavit.

Soli to igitur cum Regis, Cleri, & Magnatum indignatione, &c.

Convocatis denuò dommus Rex, Optimatibus suis, &c.

Anno 37. Henry the Third, in Quindena Paschae tota edicto Re­gio convocata Angliae Nobilitas (no Commons) convenit Londini de arduis regni negotiis simul cum Rege tractaturi, extiterunt igitur ibidem cum Comitibus & Baronibus quamplurimis, Archiepiscopus Can­tuariensis Bonifacius Episcopi Angliae fere omnes.

Where when the King pressing for Aid and Supplies, could not, upon the Bishops unwillingness, forbear to re­member Idem. [...]5. 326 them, how he had in particular advanced many of them beyond their deserts; they had no better answer to return him, than Domine Rex, non facimus de praeteritis mentionem, sed Sermonem extendimus ad sutura, after many long Debates a [Page 191] Tenth was granted by the Clergy towards the Wars of the Holy-Land, per visum Magnatum (not of the Commons) cum iter ad Hierusalem arriperet, & à militibus Scutigeris illo Anno ad scutum tres Marcae, was perswaded by Fear, or the desire of the Money, by no Order or Ordinance of Parliament, (to which not any of the Commons, though greatly concerned therein, were Parties) to give his Consent, and walk with ma­ny of the Nobility and Bishops through Westminster-Hall in that direful Procession, with burning Torches, pronouncing Curses, and wishing Damnation, and the fiery Torments of Hell upon the Infringers of the Charters of their and the Peo­ples Liberties.

38. Henry the Third, Mat. Paris. 881. Convenissent universi ferè Angliae Mag­nates, viz. Comes Mareschallus, R. Bigod, Gilbertusque de Se­grave, speciales domini Regis Nuntij ad Parliamentum venientes ex parte ejus propositum suum praecordiale Universitati Angliae fortè seducti nuntiantes, aderant autem illuc Comes Richardus frater Domini Re­gis Comes Cornubiae, Comes Wintoniensis cum domind Regina (no Commons) & omnes Episcopi Angliae (exceptis duntaxat Cantua­riensis & Eboracensis Archiepiscopis & Dunelmensi & Bathoni­ensi Episcopis qui cum Rege in Gasconia fuerunt) where after the necessities of the King shewed, and the danger of Hostilities from the King of Castile, respondit Universitas, they did not be­lieve there could be any such danger, & sic igitur solutum fuit Concilium cassum & inane.

Eodem Anno Ibedem 887. Congregati sunt iterum Angliae Magnates quibus significabat Rex, quòd pecunia indigebat & viribus amplioribus ad re­pellendum violentiam magni hostis supervenientis, but they alleadging former great Taxes denyed it.

Anno 39. Henry the Third, Edicto Regio convocata convenit Mag­natum Mat. Paris. 911. 913. 939. 946. 963. 964. 965. 968. numerosa multitudo, anno vero sub eodem ad sestum sancti Ed­wardi fuerunt apud Westmonasterium omnes ferè Angliae Magna­tes, ubi Rex petebat auxilium pecuniare.

Anno 41. Henry the Third, veniunt Londini ad dominum Re­gem qui multos sibi cum Comite Richardo ibi Magnates congregârat quidam de Primatibus Alemanniae, concerning the Election of the said Earl Richard to be King of Almaine.

Eodem Anno in media Quadragesima factum est magnum Parlia­mentum, where the Controversy betwixt the Bishop of Lincoln, and the University of Oxford was debated, & extitit ibidem tota ferè Angliae Nobilitas, but no Commons.)

42. Henry the Third, Rex militiam Anglorum edicto Regio con­vocavit venire cum equis & armis contra Wallenses.

Et post diem Martis, quae vulgaritèr Hokeday appellatur, sactum [Page 192] est Parliamemtum, Londini Rex namque multis & arduis negotiis sol­licitabatur, where divers Altercations passing betwixt the King and the Parliament, it is said, Doluit igitur Nobilitas Regni in Crastino & diebus sequentibus habuerunt diligentem tractatum dominus Rex & Magnates, diebus quoque sub eisdem constantèr & praecisè respondêrunt uno quasi ore Magnates Regni in Parliamento Regi cùm urgentèr ab eis (the Commons or any of them certainly, not personally being present) auxilium postulasset, quod nec voluerunt nec potuerunt.

Duravit adhuc Parliamenti praelibati Altercatio inter Regem & regni Magnates usque diem Dominicam proximam post Ascensionem, & dilatum est Parliamentum usque in festum sancti Barnabae apud Oxoniam, interim Optimates Angliae utpote Gloverniae Legrece­striae Herefordiae, Comes Marescallus & alii praeclari Viri (no Commons) confoederati sunt.

Et prolabentibus diebus ante Parliamentum Oxoniale missi sunt so­lennes Nuntii, videlicet de Electis Comitibus & Baronibus (none of the Prel [...]) in Franciam ad Regem Franciae, desiring him to give them Aid, and not disturb them in their designs for Peace.

Ad diem indictum Oxoniae Magnates & Nobiles terrae ad Parlia­mentum properabant, preceperuntque omnibus qui eisdem Servitium de­buerant, (which could not be a small number) quatenùs cum ipsis venirent parati veluti ad Corpora sua contrà hostiles insultus de­fensuri quod fecerunt, caused the Sea-Ports, and their Confede­rate the City of London's Gates to be Guarded by their own Party, where the Magnates (not the Common People) de­manded Justice, and a Confirmation to be made by the King Mat. Paris. 971. of King John's, and his own Charters, Jurantes fide mediante & mutùo Dextras exhibentes, qùod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita & morte sua vel suorum.

Recalcitrantibus Edwardus Principe Johanne Comiti Warrennae Willielmo de Valentia cum aliis, and when Henry the. Son of Richard King of Alemaine, began to joyn with them in the re­fusal he was told, quòd etiamsi pater fuus adquiesceret Baronagio (no Yeomanry or any other under their degree of Barons) Nol­let nec unum sulcum terrae in Anglia obtineret.

The King and his Son Edward, after all the Barons had Sworn unto them, were at length compelled to Swear to perform and observe all such Ordinances and Provisions, as the rebellious Barons had there made, who did shortly after send Messengers, ex parte Universitatis Regni, to the City of London, whom they understood to be in themselves compre­hended, [Page 193] (for the Londoners were those that were sent unto, not the Barons, who did send unto them) qui convocaverunt totius Civitatis cives (then no inconsiderable part of the English Nation, either as to Number, Riches, or Faction) quos Barones vocant (no Peers of Parliament, for they were as was then believed another kind of Barons) & in aula quae Gildehall appellatur, Mat Paris. 974. demanded of them si Statutis Ba­ronum vellent fidelitèr obtemperare, and joyn in the resistance of those which should infringe them; to which they thankfully gave their Consent, Et confecerunt super hoc eis Chartam suam de communi sigillo Civitatis consignatam; veruntamen non adhuc quae Sta­tuta fuerant proposuerant publicare circa idem tempus convocati fuerunt Praelati universalitèr ut Oxonioe convenientes nè penitùs cadat, Sta­tum reformarent convenêrunt quatuor Episcopi ad hoc specialitèr depu­tati, qui convocaverunt exemptos omnes Abbates & alios alterius Ordi­nis vel eorum idoneos Procuratores (no Laicks or vulgus) scire vo­lentes, si eorum Statutis vellent acquiescere & eorum defensioni & su­stentationi unanimitèr adhaerere, sed quia quidam excusatione absentes, quidam in assensu dubitantes, nullum tunc potuerunt dare responsum recesserunt omnes imperfectum relinquentes Iudicium.

Which manifestly evidenceth, that at the Parliament at Ox­ford, the Citizens of London had no Burgesses then and there representing in Parliament for them, and there appeareth no Consent there given or demanded by or from any other Coun­ty, City, or Borough, in that Parliament, or given by them, or any of them, to the said Provisions made at the aforesaid Parliament at Oxford.

And the Universitas Regni at Oxford there Assembled, can receive no other proper or genuine Interpretation, that they were those that were Assembled at Oxford, (no elected Men of or for an House of Commons in the Parliament at Ox­ford, not at all there meant or intended by the Party or Pro­visions made at Oxford for the aforesaid Conservatorships, of which the Commons of England were never agreed to be any part or parcel) but only for such as were Assembled at Ox­ford, which were none other than the Magnates and Optimates Regni, with their Milites and numerous Attendants, some where­of were especially named, as the Earls of Glocester and Lei­cester, Lord High Steward of England, Earl of Hereford, Con­stable of England, the Earl Marshal of England, & alii praeclari viri, their Confederates, with Letters and Statutes sent as a­foresaid, from the Barons at Oxford, to the Citizens of Lon­don, brought an imperfect Return, for that some of the Citi­zens of London were then absent, and the other were not re­solved [Page 194] what to answer or assent unto; so as the Messenger sent to London from the Barons at Oxford, returned Imperfectum relinquentes Judicium.

Destinantur postea Nuntij solennes ad Dominum Papam Mat. Paris. 978. 981. [...] ex parte Regni & totius Universitatis, qui nuntia sua domino Papae plenariè in­timarent, & quàm citius possent non expectantes aliquam disputationem vel disceptationem remearent.

Anno verò sub eodem Philip' Lovel, Treasurer of the King, Capitales Justitiarij & quam plures de scaccario were removed from their places, and others put therein judicio Baronagij.

24. Henry the Third, Fuit Rex ad Natale domini Londini, ubi Magna solieitudine tractatum est inter Nobiles Regni, quomodo conservato suo salubri proposito satisfacerent desiderio Regis Richardi de Ale­mannia.

The King Journeying towards the Sea to meet his Brother the King of Almaine.

Who was reported to have raised Forces beyond the Seas to Succour him, and who the Baronage feared would come and alter what they had done, Nuntii solenmes (where­in certainly according to their usual Phrase they intended them­selves, not the Common People) a Communitate Regni Angliae destinati, brought an Answer from him, si Nobiles Mat. Paris. 983. 984, 985, 986, 987. Angliae (which he certainly understood not to be the common People, nor that they that sent them were the common People, or that the Nobility were intended to be a part of them, but rather that their Wills and Actions were wholly submitted to the Peerage) reformare voluissent Regnum deformatum me deberent pri­mùm accersire.

In Crastino post ejus adventum in Angliam intraverunt Magnates Capitulum Cantuariense (so great a Power had they then over their Tenants and the Common People) ducentesque reverenter Reges Angliae & Alemanniae, the Earl of Gloucester stans in me­dio, called out the King of Almaine by the name of the Earl of Cornewall, to take the Oath for a general Reformation of the Kingdom.

Eodem Anno being 43. Henry the Third, Congregati sunt No­biles Angliae Londini prout inter se prius condixerant, whither came quidam de secreto Regis Francorum concilio Decanus Bituri­censis, ubi non modicè tractatum fuit de negotio inter duos Reges Franciae & Angliae & quid in partibus transmarinis actum fuerit & exinde probatum.

After which a Monk of St. Albans ex parte Regis, Reginae, & Mag­natibus Angliae, finding the King, Queen & Magnatibus Scotiae in their Parliament, and informing them of the cause of his coming [Page 195] ex parte Regis, Reginae & Baronum Angliae, requested that the King and Queen would not fail to come into England, to treat of Matters of great Concernment and Secrecy, with much difficul­ty obtained Letters Patents from the King, Queen, and No­bility of Scotland, Communitèr sigillatas tàm sigillo Regis quàm om­nium Magnatum Scotiae ad Regem Angliae & totam communitatem, wherein they granted their Request, dummodo se facerent Rex Angliae & Magnates (which explains the extent and true mean­ing of the preceding words, Tota Communitas Angliae) de scrip­to suo sibi prius promisso securos, and returned by him Domino Regi Angliae & Reginae & Magnatibus terrae Literas commendatorias, and did shortly after send the Earl of Bochan, and other honoura­ble Commissioners to Treat with the King of England & ejus Concilio, who at their coming, speaking with the said Monk, Nullam in publico super expeditione negotij erga Regem & Regni com­munitatem (which may in this place well be understood to in­tend the Baronage) reliquerunt redeuntes Certificationem.

Eodem Anno ex concilio domini Regis Franciae, Angliae & totius Baronagij, the Earls of Clare and Leicester, John Mansell, Peter de Sabaudia, and Robert Wallerand were sent ad Parliamentum Mag­num Regis Francorum pro pluribus negotiis regna Franciae & An­gliae contingentibus, carrying with them a Charter or Resigna­tion from their King to the King of France, and Letters of Credence, to compose with that King and his Councell su­per negotiis (without the Commons or their Consents) inter eosdem Reges & eorum regna diu agitatis; but for that the Countess of Leicester refused to resign that part, which she held or claimed Mat. Paris. in vita Hen­rici 3. in Normandy, infecto negotio cachinnantibus Francis redierunt.

In the mean time the Almaines, perceiving how little their King elected was respected in England, returned home, say­ing, Ex quo compatriotae sui ipsum non venerantur, nos ipsum quo­modo honoribus prosequemur? And in his Absence elected ano­ther.

Eodem Anno King Henry the Third in Franciam transfretavit, and required Restitution to be made of the Provinces in France, unjustly taken away from his Father King John, and detained from him; unto which the French answered, That the Donation of Normandy was not free, but by force extorted by Rollo, so as the King, if he had a mind to regain it, having not Money to raise an Army, and especially when he did see his own Subjects ready to make War against him, was en­forced to yield to a Peace, that pro 300000 Turonensibus par­vis & restitutione terrarum in France unto him ad valorem Continua [...] Mat. Paris. 980. 99 [...] 991, 992 [...]. 20000 librarum in Gasconia, the King was to resign and release to [Page 196] the King of France his Dutchy of Normandy, and County of Anjou, & ex tunc literarum suarum abbreviavit titulum, ut nec Du­cem Normanniae nec Comitem Andegaviae se vocaret.

And fearing that he had committed Perjury in taking the Oath, to observe the Provisions enforced from him at Ox­ford, sent secretly to the Pope for an Absolution.

Eo tempore Symon de Monte Forti Comes Legriae, Richardus de Clare Comes Gloverniae, Nicholaus filius Johannis, Johannes filius Galfridi, multique Nobiles ipsis adhaerentes convenerunt Oxoniae equis & armis sufficientèr instructi, finalitèr Sta [...]uentes aut mori pro pace patriae aut pacis eliminare Patriae turbatores; whither came also the Bishop Elect of Winchester William de Valentia, and the rest of the Poictovins stipati Magna caterva satellitum & fautorum; but when they understood, that the English Nobility intended eos vocare standum judicio pro suis nequam factis, simul & communitèr jurandum cum eis ad observandum provisiones, they fled to the Ca­stle of Whitesey, whither the Barons pursued them, and fear­ing that the Bishop Elect of Winchester would carry his Com­plaints to Rome against them, sent four Knights as their A­gents to Rome, with Letters under their Hands and Seals (not of the Commons) to complain of the Injuries which the Bishop had done to the Kingdom; and the Justices itinerant of the King, were at Hereford prohibited to proceed, for that as was alleadged, it was against the Provisions made at Oxford.

Anno 45. Henry the Third, the King retired to the Tower of London, and caused all the Citizens of London above the Age of Twelve Years, to Swear unto him Fealty, and made Pro­clamation that all that would come as Souldiers to serve him should be paid; the Barons came with great Forces to the Walls of the Tower; lodging in the City, the Absolution be­ing come, and Prince Edward not accepting it, which the Magnates (not the Multitude or Commons) taking notice of missis Nuntiis humilitèr rogabant, ut Mat. Paris. communitèr juramentum praesti­tum inviolabilitèr observare vellet, & si quid displiceret, eisdem ostenderet ad emendandum. Qui nequaquam acquiescens, durè & mi­nacitèr respondens, dicens, quòd eis à Conventione deficientibus non am­plius adquiesceret, sed unusquisque deinceps propriis defensionibus provi­deret, tandèm quibusdam mediantibus it was agreed, that Two should be chosen on the King's part, and Two on the Ba­rons, (no Commons mentioned) and the Arbitrators were, if they could not agree, to choose a Third; but by reason of Prince Edwards late return from beyond the Seas, and that be­ing returned, and informed what strange Councels had been given his Father, was so Angry as he absented himself from [Page 197] him, and adhering to the Barons, saith the Continuator of Matthew Mat. Paris. Paris, in hac parte prout juraverat fitque conjuratio inter eos, quòd malos Conciliarios & eorum fautores adquirerent & à Rege pro viribus alongarent, which the King understanding, betakes himself again to the Tower of London, Cum suis Conciliariis, Ed­wardo filio suo cum Magnatibus foris remanente, sed tandem inter­veniente Regina vix quibusdam concordati Magnatibus in pacis anplexi­bus invicem sunt suscepti, and the King relying upon the Popes Absolution, and the promise of the King of France unà cum suis Magnatibus sibi se velle succurrere manu forti, coming to Winche­ster displaced the Chancellor and Justice made by the Ba­ronage, & novos creavit pro suo beneplacito.

In the 47th. Year of his Raign, keeping his Christmass with the Queen in the Tower of London, Elaboratum est tàm à Regni Angliae Pontificibus quàm à Praelatis Mat. Paris. Regni Franciae, that there might be a Peace betwixt the King of England, and his Barons, Ventumque est ad illud ut Rex & Proceres (not the Commons) se ordinationi Regis Franciae in praemissis provisionibus Oxoniae submitterent.

Whereupon in Crastino sancti Vincentij congregato Ambianis populo penè innumerabili, Rex Franciae Lodovicus coram Episcopis, Comitibus, aliisque Francorum proceribus, (the King of England, and his Queen, Boniface Arch-Bishop of Canterbury, Peter Bishop of Hereford, and all or most of the Magnates of England, be­fore named (no Commons) which submitted to the reference on both sides) Solennitèr dixit sententiam pro Rege Angliae con­tra Barones statutis Oxoniae provisionibus, ordinatio [...]ibus, & obligatio­nibus penitùs annullatis, hoc excepto, quòd antiquae Chartae Regis Johan­nis Angliae universitati concessae per illam sententiam in nullo inten­debat penitùs derogare; which Award both Parties having solemnly bound themselves by Oath to abide by, Simon Earl of Leicester, and his Complices refused to obey it; for that as they pretended the Provisions made at Oxford were founded up­on that Charter of King John: So as the troubles and discon­tents continuing, and breaking out into open Wars betwixt the King and his never to-be-contented Barons, the Battel of Lewes shortly after followed, wherein the King was taken, and for a long time detained Prisoner, (the King of France, and his Barons after a great part of his Design satisfied by getting a Release of the Dutchy of Normandy, giving him no manner of Aid at all) nor after the more successful Battle of Evesham, had by the Escape and Valour of his Son the Prince reinvested him in his Kingly Rights, that King of France, and his Father before him playing the Foxes betwixt the King and his Father King John, in their Troubles with their unruly [Page 198] and rebellious Barons for their French advantages.

Anno 50. of his Raign, kept his Christmass at Northampton, with his Queen, the King of Almaine, and Ottobone the Popes Legate cum exercitu formidabili.

Anno 51. kept his Christmass at Oxford, with the Queen and the Popes Legate, multisque Magnatibus, ubi, after the ancient course of our English Kings, at that and the other Two great Festivals of the Year, to hold their great Councels, diligentèr tractatum est de pace reformanda inter Comitem Glover­niae & Rogerum de Mortuo Mari: Circa tempus istud Rex citari fecit Comites & Barones, Archiepiscopos, Episcopos, & Abbates omnes, qui communitèr militare servitium sibi debentes, ut apud Sanctum Edmundum cum equis & armis Mat. Paris. 1002. sufficientèr instructi convenirent ad impetendum eos qui contrà pacem Regiam occupaverunt insulam Elyensem; but the Earl of Gloucester refusing to come, the Earl of Warren, and William de Valentia were sent unto him, qui illum ad Parliamentum ve­nire moverent ab adunatis qui ad Parliamentum citati fuerunt praeter rebel­les, where primò & principalitèr Rex & Legatus, required the Bi­shops to consent to the Articles or Demands before recited.

Anno 54. of his Raign the King and Queen cum Regni principibus, kept their Christmas at Eltham.

So as that honourable Title of Barons, and those that have a just Claim or Right thereunto, is not to be trampled upon, and thrown amongst the Community, but contra distinguished from them, when Baro saith, The largely Learned Du Fresne Glossat' Du Fresne in ver­bo seu tit. Ba­ro 485. & 486. Isidor' de orig' verborum. a French Man, Sieur or Baron du Cange was in Persius time a­mongst the Romans, of no greater esteem than Servus militum, and by Isidorus were termed, or no better stiled than Ministri mercenarii, qui serviunt acceptâ mercede, yet apud Graecos nominantur Barones, quòd sint fortes in laboribus; Barus enim dicitur gravis, quód sit fortis, Glossae M. S. Baro Gr' Lat' vir fortis, unde Barones; Ba­rones igitur Ministri appellati non modo Persii & Isidori aevis, sed eti­am longè postea, siquidem Barones regios Ministros vocatos qui ex Re­gis familia erant, unde non mirum si traductam hanc vocem ad viros Magnates passim legamus, qui principibus ipsis obsequia & ministeria sua praestabant, seu ex officii ratione seu ex beneficio ac feudis quae ad ejusmodi obsequia impendenda iis indidem conferri solebant; Quinetiam ab ipsa Augustini tempestate Barones dicti videntur viri nobiles Prin­cipum obsequiis & servitio addicti, vel certè viri Militares qui primos tenebant locos in aulis Regum, as those Words of his do Evidence, where he saith, Vbinam est Caesaris corpus praeclarum ubi caterva Angustini Serm. 48 ad fratres in ere­mo. Baronum, ubi Principes aut Barones; Quibus in locis ij fortè fuerunt qui in obsequiis Principum versabantur, ità ut numerosum eorum ac Nobilem famulatum indicare voluerit Augustinus; Quemadmodum au­tem [Page 199] famulos homines vulgò appellabant. Ita Franci & omnes Boreales populi postquam Galliam invasêre vel Italiam Barones quosvis viros no­minârunt, as their Salique, Ripuar, Aleman, and Longobard Laws, Lindenbro [...]ius in legibus eo­rum. Hinckmarus in Epist. Constitutiones Sicul. Capitulars of Charlemaine and Hinckmarus in his Epistles have informed us: The Barones Regum Angliae were the Magnates, qui de domo & familia Regis sunt vel certè majores Regis Vassalli qui de illo praedia sua nudè tenent; Adelwaldus was one of King Edward the Confessors, which Florentius Wi­gornensis, and the Book of Ramdsey do stile Minister Regis: The Barons of Almaigne, from which Nation our Saxon An­cestors being descended, brought unto us many of their Customs, made a two-fold difference amongst their Barons, Alii dicuntur Du Fresne 1 Tom. 487. simplices Barones, alii semper Barones, & semper Baro is esse fertur qui à nullo horum feudum habet, sed alii ab ipso, adeòque liber est ut nulli ad fidelitatis astringitur juramentum; insomuch as it was a very ancient Custome and Observance amongst the Germans, not to allow the Title or Dignity of Baron unto any that were not Born of such a Frey Heeren Father and Mother, but those who were on the Mothers part descended from an ordinary Tenant, holding by Military Service of others, they would by no means call Barons, but Debaronized them (which in time might have introduced amongst us, that Distinction long after about the Raign of our King John of the Barones majores, those that were Selden tit. ho­nor. 621. 622, 623, 624, 625. LL Canuti. Ministri Regis, and held great Possessions only of the King, for long before the Conquest they were called Thaines, Ba­rons, or Lords, who were Honorary, and the Minores middle Thaines or Valvasores, who were only feudal, and held all or much of others or lesser parts of the King, and by Canutus's Laws there appears to have been in those times Thani infimae conditionis: In Germany, saith Schwederus, there Schwederus Part 2. S. 2. p. 838. are two sorts; The First that do hold of the Empire imme­diately; The Second mediately of others, and that in the di­versity of Opinions amongst the Learned, whether the word Baron be derived from the Hebrew, Greek, Latine, Spanish, or French, the Germans have been content with theit own word, or original Baar, which signifieth Frey or liber homo & Baro­nes are liberi Domini Frey Heeren: Et Baro signifieth virum dig­nitate praecellentem: So as that exquisitely Learned Du Fresne in his Gloss upon the words Barones Parliamenti, saith, In An­glia & Scotia, qui vulgò Lords of Parliament vocantur, ij sunt ex Majoribus Baronibus qui à Rege undè pendent & ad Parliamen­tum sive concilium publicum diplomatibus Regiis evocantur, nam con­stat in Anglia ut in Francia non omnes qui à Rege praedia sua immediatè tenebant ad Parliamenta admissos, nam nimius esset numerus [Page 200] eorum; sed illos tantum qui proximi essent a Rege & dignitate & vas­sallorum numero caeteros anteirent, prout etiam in ipsis Baronum feudis Du Fresne Glossar' 491. factitatum: And defining a Barony, saith it is Praedium à Rege nudé pendens vel maius praedium vel feudum; Cassanaeus taketh it to Cassanaeus in catalog glor' mundi 8 parte S. 15. be Quaedam dignitas habens quandam praeeminentiam inter solos simpli­ces Nobiles.

Tiraquel by good Authority of rectified experimented Rea­son, Tiraquel de mobilitate & Virgilius Ae­ned 5. Laws, and ancient Customs, saith, Leges sanciri debent a Principibus etiam Nobilium concilio quod plane ostendit Virgilius de Aceste Rege loquens

Gaudet regno Treianus Acestes
Indicitque forum & Patribus dat Jura vocatis.

Id est, Leges sancit Jura distribuit vocatis ad id Patribus id est Senato­ribus. L'Oyseau defining Seigneuries saith, they are Publique ou L'Oyseau trai­te des Seignen­ries. Ca. 66. prives, and that les droits & praerogatives des grandes Seigneuries a scavoir les Duchez, Marquisats, Comtez & Principautez, dont le premier est qu'elles ne relevent que du Roy, encore que de leur nature elles deuvoient re­lever immediatement de la Couronne. C'est pourquoi les Feudistes les ap­pellent Feuda regalia ou Regales dignitates tit' de Feud encore non tant pour ce qu'elles participent aux honeurs des souverainetez que de leur d'au­tant qu'elles sont vrays Fieffs du Roiaume ne pouvant relever d' autre Seigneurie.

Et tout ainsi que ces Capitaines s' aydoient de leurs vassaux en la guerre aussi faisoient ils en les Justices principalement aux causes d' im­portance Idem ibidem. Ca. 1. and 6. qu' ils Iugoient par leur advis & pour ceste raison ils les ap­pelloient Pairs Cour, C'est a dire Pairs au Compaignons de leur Cour de Justice.

Saith, le Seigneurie privee n' induit point de puissance publique, and concludeth and proveth it to be un Erreur d' penser qu' aux li­vres de Fieffes Valvasores Regni seu Majores valvasores fussent ceux qui tenoient leurs Fieffs a Capitaneis Regni, nempe a ducibus & Marchioni­tibus.

And were had in such a Veneration and Respect, as when 1 Eliz. ca. 1. in the first Year of the Reign of Queen Elizabeth, an Act of Parliament was made, that every Member of the House of Commons should before the Lord Steward of the King Queen, or her Successors Houshold, or his Deputy, for the time being before they sit, or be admitted by his Oath taken upon Oath of Su­premacy. the Holy Evangelists, testify and declare, That the Queens Majesty is the only Supreme Governour of this Realm, and of all other Her Highnesses Dominions, and Countries as well in all Spiritual and Eccle­siastical things or causes as Temporal, and renounce all Foreign Juris­diction of any Foreign Prelate, Prince, or Potentate whatsoever.

And promise that from henceforth I shall bear Faith and true Alle­giance Oath of Al­egiance. [Page 201] to the Queens Highness, her Heirs, and Lawful Successors, and to my Power shall assist and defend all Jurisdictions, Priviledges, Preheminences, and Authorities granted or belonging to the Queens High­ness, her Heirs, and Successors, or United and annexed to the Im­perial Crown of this Realm.

From the taking of which Oath, the Lords Temporal, and all of or above the degree of a Baron, were by that Act of Parliament of 5. Eliz. exempted, for that the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Tempo­ral Lords of her High Court of Parliament.

Although of that High and Honourable Assembly of the House of Peers, all that hold Offices under our Kings, as the Lords Chancellour, Treasurer, Steward, great Chamberlain, and Chamberlain of the Houshold, Constable, Earl Marshal, Lord Privy-Seal, Secretaries of State, and all that receive Crea­tion-Money of him, as Earls, Viscounts, Marquesses and Dukes, and all the Assistants as Judges, Masters of Chancery, and the Barons in that high Court of Judicature, Subordinate to the King, may find themselves comprized and obliged in and by that Act of Primo Eliz. ca. 1. as the Arch-Bishops and Bishops are.

For it may everlastingly, with great assurance of Certainty and Truth, be affirmed, That our Parliaments or great Coun­cells have in their Constitutions, Formes, Customes, and U­sages, altogether or for the most part followed, and imitated those of the Almans, Saxons, and Ancient Francks, when Mar­culfus, who lived in the Year after the Incarnation of our Blessed Saviour Jesus Christ, Six Hundred and Sixty, now some­thing Marculfi for­mulae in prae­fat. more than One Thousand Years, when Clodouaeus the Son of Dagobert of the Merovignian, and first Race of the Kings of France ruled, as it will be Evident by the Writ of Summons thereunto, Entituled, Prologus de Regis Judicio cum de Magna re duo causantur simul, in the form or words ensuing, (or the cause of Summoning or Calling the Parliament as our Kings have many Times done in their Writs of Summons to their Par­liaments) Viz.

Cui Dominus regendi curam Committit cunctorum Jurgia diligenter examinatione cum rimari oportet, ut juxta propositionum vel responsio­num alloquia inter alterutrum salubris donetur sententia, quo fiat ut & nodos causarum vivacis mentis acumen coerceat, & ubi praelucet Justi­tia Marculfi Lib. 1. Ca. 25. illuc gressum deliberationis imponat: Ergo nos in Dei nomine ibi in Palatio nostro ad universorum Causas recto Judicio terminandas, una cum Dominis & Patribus nostris Episcopis vel cum plurimis Optimatibus Nostris patribus illis Referendariis illis Domesticis illis vell Senes­callis illis Cubiculariis & illo Comite Palatii vel reliquis [Page 202] quam pluribus Nostris fidelibus resideremus ibique veniens ille illum in­terpellavit cum diceret, &c. Bugnonii notae in Marculfum 510. 511, 512, 513, 514, 515, 516.

Upon which words, viz. Una cum Dominis & Patribus No­stris Episcopis, the Learned Bignonius Commenting saith.

Hi enim in Iudiciis Regi assidebant, ut etiam notavit Tillius, qui rectè Curiae seu Parliamenti originem hinc deducit, illudque ita durasse usque ad Philippi Vallesy tempora, qui amplissimum Parisiensem Senatum à Comitatu & Consistorio Principis separatum edicto constituit. Hujus quoque Judicii Episcopis & Proceribus adstantibus forma refer­tur Antiquitatum Fuldentium Lib. 1. Anno Dominicae Incarnatio­nis 838. Jnd. 1. 18. K L. Julii facta est Contentio Gozboldi & Hrabani Abbatii coram Imperatore Ludovico & filiis ejus Lu­dovico & Carolo, necnon & Principibus ejus in Palatio apud Nio­magum oppidum constituto de Captura, &c. Presentibus Trugone Archiepiscopo, Otgario Archiepiscopo, Radolto Episcopo, &c. A­dalberto Comite, Helphrico Comite, Albrico Comite, Popone Co­mite, Gobavuino Comite Palatii, Ruadharto similiter Comite Pa­latii, & Innumerabilibus Vassallis Dominicis.

So did the Referendarii, Masters of Requests or Chancery the Senescallus Palatii, the Cubicularii. And Bignonius moreover de­clareth:

Domestica dignitas fuit non Contemnenda sub prima & se­cunda Idem Ibidem 586. 587. Regum nostrorum familia, nam inter praecipuos Regni Mi­nistros Domesticisaepe enumerantur; & in praefatione Leg' Burgundion' Sciant itaque Optimates Comites Consiliarii domestici & Majores domus nostrae & cum munera in Judicio accipere prohibeantur, eos quoque Judicasse dici potest, sic Leg' Ribuar' tit. Go. Ut optimates Ma­jores domus domestici Comites Grafiones Cancellarii vel quibuslibet gradibus sublimati in provincia Ribuaria in Judicio residentes munera ad Iudicium per vertendum non recipiant; Hos etiam Regi Judicanti adsedisse probat Marculfus ipse lib. 4. dum inter Ministros & offi­ciales qui Regi adsiderent domesticos recenset.

Neither were the Writs of Summons to the Peers and Lords Spiritual and Temporal, in that fatal 49th. Year of the Raign of that unfortunate Prince King Henry the Third, though many Ages before Accustomed to be Summoned to their Soveraign's great Councells, framed upon any better Foundation than Force, and Partiality, when a Rebellious part of the Baronage of England had, by the Success of their Rebellion, made him, and the Prince his Son, his Brother Richard Earl of Cornewall, King of the Romans, and his Son, with many of the Loyal Baronage, and other his faithful Subjects, Prisoners on purpose to create an Oligarchy in Symon de Montfort Earl of Leicester, Gilbert de Clare Earl [Page 203] of Gloucester, and some few others of their triumphant and seduced Party, and fix in themselves a Conservatorship, and domineering Power over the rest of the Peers, and No­bility, and their fellow Subjects, especially the Commons, left in a full assurance of Slavery, and hopeless of any thing more than to be Assistant to the everlasting Ambi­tion and variable Designs of others.

SECT. XIV.

That those enforced Writs of Summons to the Lords Spiritual and Tem­poral, accompanied with that then newly devised Engine or Writ to elect Knights, Citizens, and Burgesses to be present in Parliament, were not in the usual and accustomed Form, for the Summoning the Lords Spirituall and Temporal to the Parliament.

FOR the eminently Learned Selden hath informed Us, That Selden tit. ho­nor 708. & in dors claus. 6. Johannis m. 3. the most ancient Writ of Summons that he hath seen, was no Elder than the 6th. Year of the Raign of King John, directed to the Bishop of Salisbury, Commanding him to come, and Summon all the Abbots, and Convential Priors in his Diocess to do the like, viz.

Mandamus vobis rogantes quatenus omni occasione & dilatione post positâ sicut Nos & honorem Nostrum diligitis sitis ad nos apud London die Dominicâ proximé ante Ascensionem Domini Nobiscum tractaturi de magnis & arduis negotiis nostris & communi Regni utilitate; Quin super his quae a Rege Franciae per Nuntios Nostros & suos Nobis mandata sunt unde per Dei gratiam bonum sperare ve­strum expedit habere concilium & aliorum Magnatum terrae nostrae quos ad diem illum & locum fecimus convocari, vos etiam ex parte Nostrâ & vestrâ Abbates & Priores conventuales totius Diocesis citari fa­ciatis, ut concilio praedicto interfint, sicut diligunt Nos & communem Regni utilitatem. T. &c.

The Roll that hath this Writ hath no Note of Consimile to the rest of the Barons, as is usual in other close Rolls of Summons to Parliament; but it appears in the Body of it, that the rest were Summoned, and that there was a Parlia­ment in the same year.

And another close Roll in the Raign of the same King, Ro. claus. 6. Johannis m. 2. in dorso. and in the same year hath a Writ in these words, viz.

Rex Henrico, Mandavimus tibi quod in fide quam Nobis debes, si­cut Nos, & Corpus, & honorem nostrum diligis, omni occasione & di­latione postpositis sis ad Nos apud Northampton die dominica prox' ante Pentecosten parat' cum equis, & armis, & aliis necessariis ad Movendum nobis cum Corpore nostro, & standum nobiscum ad Minus per duos quadrag' ità quod infrà terminum illum à Nobis non rece­das, ut te in perpetuum in grates Scire debeam. T. R. &c.

And out of a close Roll of the 26th. Year of King Henry Dors. claus. 28. H. 3. m. 13. the Third, cites a Writ of Summons in these words.

Henricus, &c. Reverendo in Christo Patri Waltero Eboracensi Archiepiscopo, Mandamus vobis quatenùs ficut Nos & honorem no­strum [Page 205] pariter & vestrum diligitis, & in fide quâ Nobis tenemini, om­nibus aliis negotiis omissis sitis ad Nos apud London à die sancti Hillarii in quindecim dies ad tractandum Nobiscum unà cum caeteris Magnati­bus nostris quos similiter fecimus convocari de arduis negotiis nostris statum nostrum & Totius Regni nostri specialiter tangentibus, & hoc nullatenus omittatis. T. Meipso apud Windlesorum 14. die De­cembris.

Subscribed with Eodem modo Scribitur omnibus Episcopis, Abba­tibus, Comitibus, & Baronibus.

And that the First that he found accompanied with the o­ther circumstances of a Summons to Parliament (as well for the Commons as the Lords) is in the 49 h. Year of the Reign of King Henry the Third in the Form before-mentioned (which by the Dates of the Writs were by Sir William Dugdale first of all Discovered, or taken notice of to be during the said King's Imprisonment) by which he calls both the Earls and Barons to Westminster (no such words as the Commons Elsings anci­ent and mo­dern manner of holding Parliaments in England. 7. and 9. 'Et in dors. [...]0. claus. 49. H. 3. in sched. being called appearing either in the Exemplar, or Transcription of the former Writs, or in that which Mr. Elsing hath left unto the World.

In formâ praedictâ subscribitur Abbatibus, Prioribus subscriptis, &c. without any Christian Names, or Additions formerly used.

Sub data apud Woodstock 14. die Decembris.

In formâ praedictâ mandatum est Comitibus, & aliis Subscriptis dat' apud Woodstock, viz. Comiti Leicester, Comiti Glou', Comi­ti Norff', & Marescal' Angliae, Comiti Oxon', Comiti Derby, Rogero de sancto Johannis, Hugo de Spencer, Justiciar' An­gliae, Nich' de Segrave, Johanni de Vescy, Robert Basset, G de Lucie, & Gilbert de Gaunt, of which the Earls of Leice­ster, Gloucester, Norfolk, Oxford, and Derby, were notoriously known to be in open Armes, and Hostility against the King, the whole number of the Temporal Lords therein named, not amounting unto more than Twenty-Three, with a Blanck left for the names of other Earls and Barons, which have not been yet inserted or filled up.

And all the other which were in that constrained Writ of Summons, particularly and expressly named, were no other than H de le Spencer Justiciar' Angliae, John Fitz John, Nicholaus de Segrave, John de Vescy, Rafe Basset de Drayton, Henry de Hastings, Geffery de Lucy, Robert de Roos, Adam de novo Merca­to, Walter de C [...]lvill, and Robert Basset de Sapcott; those which together with the then Bishops of London, and Worcester, Sy­mon de Montfort Earl of Leicester, and Steward of England, H. de Boun Juvenis, Peter de Monte forti, & S. de Monte forti [Page 206] Juvenes, Baldwin Wake, William le Blond, William Marescallus, Rafe de Gray, Will' Bardoff' Richard de Tany (or Tony) Robert de [...]teri Ponte, made up the Number of the opposite Party to the King in the aforesaid Reference to the King of France.

And Mr. Selden hath observed, That the Preambles some­times so varied, that some eminent Occasions of the calling of the Parliament were inserted in the Writs to the Spiritual [...]. Paris. 41. [...]. P. 12 [...]3. [...]. [...]. [...]o [...]or. 716. & 719. dors [...]. [...]. 23. E. [...]. dors. [...]. 5 [...]. [...]. [...]. [...] 2. [...]. 6. E [...]. [...] and pre­sent manner of holding Parliament [...]. C [...]. 2. P. 22. 23, and 24. Barons, that were not in those to the Temporal; and often­times no more than a general and a short Narrative of the Re­solution of having a Parliament, with much variation in the Writs of that nature, with many Differences of slighter Mo­ment, sometimes against making of Proxies, and at other times a Licence to make them, and sometimes in all a Clause against coming attended with Armes; and saith That until the middle of the Raign of King Richard the Second, when Dukes, Earles, and Barons, were created by Letters Patents of our Kings, that the names of the Barons to be Summoned to Parliament, were Written from the King's Mouth at his Direction and Command; and in that agreeth with Mr. E [...]sing, who saith it was ad libitum Regis, for surely none but the King can Summon a Parliament, and that is the Reason that Henry the Fourth having taken King Richard the Second his Leige Lord Prisoner, the Twentieth of August, in the 21st. Year of his Raign, did cause the Writ of Summons for the Parliament, wherein he obtained the Crown, to bear Date the Nineteenth day of the same Month, and the Warrant to be per ipsum Re­gem, & Concilium, and himself to be Summoned by the name of Henry Duke of Lancaster.

And the Warrants have been divers, sometimes per breve de privato sigillo, but commonly per ipsum Regem, or per ipsum Regem & Concilium.

SECT. XV.

That the Majores Barones, or better sort of the Tenants in Capite, Justly and Legally by some of our Ancient Kings and Princes, but not by any positive Law (that of the enforced Charter from King John at Running Mede, being not accounted to be such a Law) were distinguished and separated from the Minores, or lesser sort of the Tenants in Capite.

FOR it could be no design in the Framers or Contrivers of his Charter, to make any distinction betwixt the Majores, or Minores Barones, of the Kingdom; or to leave to Posterity a definition of either of them; or a Rule for after Ages, for that would have unpolitickly very much disturbed and distracted that rebellious Assembly at Running Mede, or could be likely to obtain any more thereby, as to their meet­ing in our Kings great Councels (the word Parliament being not then in use amongst us) than to have a Common Coun­cel shortly called to settle the manner of Assessment of Aides upon Knights Fees, and to that only end to Summon the Tenants in Capite, which were not all of that sort, being not the Majores or Magnates then, and yet understood by our Na­tion to be the Barons long before, and ever since, at the good Will and Pleasure of our Kings, usually Called and Sum­moned by them to their Great Councels upon urgent Oc­casions; the Majores Barones being to be there present to advise thereupon: Which, for after Assemblies of that nature, con­stantly to be holden, would have been very Numerous, Trouble­som, Ordericus Vi­talis hist. Ec­clesiast. lib. 4. p. 523. b. Selden tit. ho­nor 692. 693. Chargeable, and Dangerous, if the Tenants in Capite had been Threescore Thousand, as Ordericus Vitalis hath Recorded them, or but Thirty Two Thousand, as our great Selden hath more pro­bably estimated them: And although the Learned Sir Henry Spelman was enclined to believe, that the distinction betwixt Spelmans Glossar' 452. the greater and lesser Baronage, had its Foundation in that Charter; and the Learned Cambden, from a very good Autho­rity Cambden Brit. 122. as he thought, asserted, That King Henry the Third, Post Magnas perturbationes, & enormes vexationes inter ipsum & Sy­monem de Monte forti, ex tanta multitudine quae seditiofa & tur­bulenta fuit Optimates quosque rescripto ad Comitia evocaverit; yet Mr. Selden saith, That in all that he hath met with since the Seiden tit. ho­nor 713. making of that Charter, he found no mention of any Interest which those other Tenants in Chief eo nomine had in our Kings Great Councels or Parliaments, who doubtless were [Page 208] the Persons that were excluded from it, and was perswaded to give little Credit unto the Author cited by Mr. Cambden, but rather to conclude, That not long after that grand Char­ter of King John (like enough in that time) some Law was made, that induced the utter Exclusion of all Tenants in Chief from Parliaments; besides the Ancient and Great Ba­rons, and Baronies (which Mathew Paris saith, King Henry the Third reckoned to be Two Hundred and Fifty) and such other as the King should in like sort Summon; and that there Selden tit. ho­nor 713. were Barons by Writ, as well as Barons by Tenure, cites a Testimony out of Mathew Paris, who speaking of King Henry Mathew Paris 81. edict. Lon­don. the Third, saith, That in the Twenty Nineth Year of his Raign, Rex edicto publicè proposito de submonitione generaliter factâ fecit certificari per totam Angliam, ut quilibet Baro tenens ex Rege in Capite haberet prompta & parata Regali praecepto omnia servitia Mili­taria quae ei debentur tam Episcopi & Abbates quàm Laici Barones, Barons holding in Capite, as if some held not so, which must be such as were Barons by Writ only.

The Tenants in Chief being by those Differences distin­guished in their Titles, Possessions, and Reliefs, were so much less in Honor, than the greater Barons, who had se­veral Writs at every Summons, and all the ancient Circum­stances of the Title of Baron still remaining to them: It was the less difficult for those greater Barons to Exclude the rest wholly at length from having any Interest in the Parliaments of that Time, under the name of Tenants in Chief on­ly.

And although in somewhat a different, and much inferiour manner to the Majores Barones, their Number, Greatness of Provinces and Estates, or near Alliance in Blood unto the Crown, is not much unlike the distinction made in France of the Douze Pairs, not exclusively to the other Baronage; which our Mathew Paris, and their own Authors will E­vidence, were not only before, but are there to this day continued as a Degree of Honor, different from the Ba­rones Minores, or the Vulgus or Common People, much infe­rior to that lesser Baronage; yet the Annalls and Records of France, are not yet accorded of the precise time of the first Institution of their twelve Pairs, lately Augmented to a much greater number.

For Du Fresne is of Opinion, That in the Year 1179. Du Fresne in [...]erbo Pares. which was the 25th. Year of the Raign of our King Henry the Second, there was no certain number of the Peers of France, Narrat quippe Rogerus Hovedenus Willielmum Archiepiscopum [Page 209] Remensem eundem Regem unxisse Remis, ministrantibus ei in illo officio Willielmo Turonensi & Biturocensi & Senonensi Archiepiscopis, & fere omnibus Episcopis regni Henri­cum vero Regem Angliae de jure ducatus Normanniae coro­nam auream qua coronandus erat Philippus & Philip­pum Comitem Flandriae gladium regni praetulisse, alios vero Duces, Comites & Barones praeivisse & Secutos diversos di­versis deputatos officiis (according to the long before used custom of the English at the Coronation of their Kings) where divers of the greatest Officiary and Nobility; as the Constable, Marshall, Steward, and Great Chamberlain of England, cum multis aliis, One Nation learning of Another their Customs and Usages, did conceive it to be an Honour fixt in their Families by Grand Serjeanty: Et Rigordus eandem Coronationem peractam ait, astante Henrico Rege Angliae & ex una parte coronam super caput Regis Franciae ex debita subje­ctione humiliter portante cum omnibus Archiepiscopis, Epis­copis, caeteris (que) regni principibus, ex quibus patet, saith Du Fresne, caeteros Episcopos qui pro Franciae Paribus habentur, ea quae hodie non assecutos ministeria in ea Solemnitate.

Proinde hand improbanda forte sententia qui Parium Fran­cicorum duodecim virorum definitum fuisse tradunt a S. Ludo­vico Rege quos inter est Iohannes a Leidis lib. 22. ca. 7. itaque Sanctus Ludovicus Rex Franciae ordinavit in regno Franciae constituens inde collegium seu capitulum qui haberent ardua regni tractare, Scilicet 6 Duces & 6 Comites, & de Ducibus sunt tres Episcopi, & de Comitibus sunt etiam tres Episcopi.

And L'Oiseau a Learned French-man giveth us an account L'Oiseau tral­te de [...] Seig­neuries cap. 5. p. 100. of the Erection of the 12 Pairs of France in these Words, ils furent choisis selon la plus vray semblable opinion par Loys le Ieune du tout a la maniere des anciens Pairs de fief dont par­lent les livres de fieffs et ont aussi toutes les mesmes charges qu' eux a Scavoir d' assister leRoy en Son investiture qui est son sacre & coronement et de juger avec luiles differens des vassaux du Royame & ont les uns & les autres este ainsi appellez non pas pour estre agaux a leur seigneur mais pour estre Pairs & com­pagnons entr' eux seulement come l' explique un ancien Arrest donne contre le Comte de Flandres au Parlement de Toussaints 1295. rapp [...]rte par du Tillet. Ce fut pourtant un trait non de ieune, mais de sage Roy lors que les Duc's & Com'tes de France avoient usurpe le souverainete presque entiere pour em­pescher qu' ils ne se separassent tout a faict du Royaume d'en choisir douze des plus mauvais les faire Officiers principaux, & commemembres inseperables de la couronne a fin de les in­gager [Page 210] par un interest particulier a la maintenir en son integri [...]e mesmea empescher la des union des autres moindres qu' eux moyen que les Allemans ont aussi tenu pour la conservation de l' Empire par la creation des 7 Electeurs. (Which in process of Time being long afterwards done by the Aurea Bulla, might not improbably have been instituted in some imitation of the douze Pairs du France.

And in Anno 1226. being the 30th year of the Reign of our Henry the 3d, the Earl of Flanders, and the Earl of Bo­loigne complaining that their Lands had been Seized and ta­ken away, without the judgement of the 12 Peers, as by the Laws of France, they, as was alledged, ought; and when those their greivances were redressed, they would attend at the Coronation; howsoever Blanch the Queen Regent, al­though the Duke of Burgundy, Earl of Champaigne, St Paul Britain & fere omnes nobiles ad Coronam (who may probably be understood such as more particularly did hold by some grand Serjeanties to be performed at the Inauguration of their Kings) did by the Counsell of the Popes Legat, cause her Son Lewis to be Crowned without them.

And when St. Lewis. the French King so called, whose Mat. Paris & Favin in his Theatre of honour. 181. Saintship in our Barons wars, had cost England very dear, could in a seeming friendly Entertainment of our King Henry the 3d at Paris, wish with an Outinam duodecim Pares Franciae had not done as they did in the forfeiture of Normandy, & mihi consentirent certe amica essemus indissolubiles, but did at the same time adde, & Baronagium, and might have un­derstood that that judgment against King John denyed by the English to have any justice in it, was not given by the 1 [...] Peers against him as Duke of Normandy, for he was one of the principall of them himself, and was neither present or heard.

But whither that or their Offices to be performed at the Coronation of their Kings, gave the rise or ground of that especiall Peerage, the time when being something uncertain, for Du Fresne doubting of it, declareth, that quando the Pairs Du Fresne in verbo Pares. of France redacti fuerunt ad duodenarium numerum non om­nino constaet inter Scriptores sane in confesso esse debat ab ipso seu­dorum origino vassallorum Coronae Franciae controversias a Pa­ribus suis fuisse judicatas & Anno. 1216. which was the 17th Idem Tom. 3. [...]3. year of the Raign of our King John, numerus Parium Franciae non fuit definitus.

And that distinction of the Majores Barones & Minores Barones, mentioned in King Johns extorted Charter a [...] Run­ingmede, [Page 211] whether then newly gained, as the learned Sir Henry Spelman believed, or only put in practice by Edward the first, a better defender of his Crown-Rights, then his Fa­ther or Grandfather, as others have with good probability Sir Richard Bakers Chro­nicle. conceived, may receive the better entertainment amongst all the friends and well-willers of truth and reason, when it shall be considered how much it corresponds with that more antient custome amongst the Hebrews in a government, ordained by God himself, where the Princes of the 12. Tribes of Israell, Numbers 11. Joshua. 23. Jeremiah. 26. Summo Magistratui assidebant, Nobilium ordo pro seminario munerum praecipuorum quia, saith Besoldus, liberaliter educati sapientiores esse censentur, and therefore Comites or Earls, being antiently in the Reign of Charlemaine (which was in Anno Christi 806. if not long before, Perfecti Provinciarum & qui Provincias administrabant, were with Dukes also and Barons, not only in France, about those times, but in Germany also (whereas Bodin saith, they did so spirare libertatem, as Bodin Besol­dus de Comi­tibus imperii. 117. Arumaeus de Comitiis 7 & 223. they [...] it, on Earth to be the utmost of their wishes and d [...] to obtain as much as they could of it) inserted, and put in [...] the Ma [...]ricula or Roll of the States of the Empire, Et in Comi [...]us suffragii habuerunt, and Arumaeus as well as ma­ny other [...]hentick Authors, are of opinion that it was pars liberta [...]is, a great part of the peoples liberty, and for their good, that deliberatio ordinum concilio et authoritate quorum pericu­lores agitur suscipitur; Et qui apud principem et jura Comitio­rum u [...]a & perpetua privativa est mediata subjectio qua qui infectus est, nec Comitiorum particeps esse potest, it being a Rule or Law in such Assemblies, that they that sit there, or are to have voice or suffrage therein, were to hold immediately of the Empire, and the reason of the first institution of the Parliament of France, composed of the ancient Nobility by the ancient Kings of France, & Pepyn, was, as (Pasquier that learned King Pasquier dec Recherches, li. 2. 72. 74, & 76. Advocate of France observeth) inpartem solicitudinis, to assist their Kings in the better management of their Government, who did thereby communicate les affai [...]es publiques a leurs premier & grandes Seigneurs come si avec la Monarchie ils eussent entre mesler l' ordre d' une Aristocratie & gouverne­ment de plusieurs personages d' honneur & ne se mettre en haine des grands seigneurs & Potentats, and not draw upon them the envy of their great and mighty men. Et estans les grands Seigneurs ainsi lors uni se composa un corps general de toutes les princes & gouverneurs par l' adois desquels se vinderoint non seslement les differeuts qui se presenteroient entre le Roy & eux, mais entre le Roy & ses Subjects; And the great Lords [Page 212] being so united, composed and made one generall body of all the Princes and Governours of Provinces, by whose advice and councell, not only the differences which should happen be­tween the King and them, but betwixt his Subjects, and were to be in extraordinary concernments of the Kingdom deter­mined Et estoit l' usance; de antiens Roys telle qu'es lieux ou la necessite les summomot se uvidoient ordinairement les affaires par assemblees generals des Barons; and accordingly by the di­rection of right reason, or of that or the more Ancient go­vernment of the Greeks, in their great Councel of Amphiction, or of the Romans in their Empire; where in suis constitutio­nibus prohibitum fuit ne portae dignitatis vilibus personis pa­terent quas ipsa remana respublica plebeis cum sui destructione Livy. Fene­stella & alii Romanae gen­tis Scriptores. aperuit ut in ipsos Senatores imo tandem Consules insurgerent particularia Jura (plebiscita) pro plebe formarent tandem sibi summam potestatem sub tribintia authoritate arrogarent & fa­ctionibus in contrarium motis rempublicam perderent; and our Saxon Kings could neither think they wronged themselves or their subjects, to call to their Assemblies and great Councells, for the redressing of Grievances and Enacting of Laws, their regni Scientissimos & Aldermannos, Governours of Provinces, so as they which have had any Conversation with Tyraquel & Nolden de nobilitate, Cassanaei catalogus gloriae mundi, L'Oyseau in his books de Seigneuries & de droit des offices, Du Fresue's glossar, our Seldens titles of Honour, Sr John Ferues glory of generosity, & Sr Henry Spelmans glossary, may find, as L'Oyseau saith, that there are simple Nobles, & hautes grauds & moindres seigueurs publicquees et privees, And they may loose more credit then they are likely to get in making such a stir to metamorphose Pigmies into Gyants, and Gyants into Pigmies, & procure their Proselites or fellow-Undertakers, if they can, to believe that all the world hath been since the creation therof, greatly mistaken beside themselves. Howsoever if that will not accomodate their levelling humors and designs, they will make an essay to entice others to invade their Sovereigns Rights and Authority, although they themselves should miss of their mark or aim, intended by putting the Majores Barones in mind, that they have a co-ordinate or compulsive power in their Kings great Councells, more then deliberative or subor­dinately Judiciall, when there will be evidence enough against it, and the Parliament-Rolls and Records, will (if well observed) afford ensuing plentifull proofs and instances thereof.

Principes Comites & Barones Imperii alique ordines non [Page 213] tantum minora cum provinciis et territoriis sibi in feudum da­tis sed et ex majoribus illis quae re haud Innania capiunt, as our William the Conqueror did in his Grant of the Earl­dome of Chester teneud' Ita tibere per gladium ut Rex tenet Angliam per gladium, and that Earl and his heirs had diverse Barrons under him of their own Creation. And one of the said Earls granted the Earldom of Lincoln to his Sister Haw­isa and her heirs, the Bishoprick of Durham as a County Pa­latine aver Justice haute & Basse subordinate to the King; and in like manner was the Dutchy of Lancaster granted by our King Edward the 3. §. 10.

Incorporales res apud omnes quoque gentes in feudum dari Sext. 6. p. 43. receptum et Jura appellantur haec res Immobilium Jure censen­tur arg. l. 2. de servis idque plenius & planuis Intelligi potest. sect. proced. n 4. & 5. Similiter venatio quoque expresse in feudum dari potest (as our free-warren) & tunc licet fuudus in venatione non consistat id est propter eam non habeatur venari potest vasallus & quod teperit ipsius erit, l. 9. sect. 5. l. 62. F. de usufr. Successio etiam alia ex testamento alia ab Intestato libe­ris deficientibus e latere conjuncti veniunt, whence proceeded the power of the Tenant in Capite granted King Henry the 8. 32. H. 81. Seldans M [...]. by Act of Parliament, to dispose of 2 parts of his lands, re­serving a 3 part to the Heir and Administrations de bonis In­testati, were anciently (as Mr Selden saith) granted by our Seldans M [...]. Kings or Lords of Manors Derivatively from them, 13. E. 1. Quia Emptores terr. the statute. 1. E. 1. compelling men of 20 l. per Annum, to take the honour of the Knighthood, 17. E. 2. de homagio faciendo, cum multis aliis.

And those together with the before-mentioned Feudall Laws have been so fundamentall to our Laws and Customs of England, and which hath been called our Common Law, as it hath been rightly said to be velut ossa Carnibus, and so Incorporate in the body thereof, as it runneth like the life­blood, through the veins, arteries, and every part thereof, cir­culating to the heart the primo vivens & ultimo moriens of our heretofore, for many ages past, in our very ancient body­politick and Monarchick, attested and every where plainly and visibly to be met with, seen, and understood, not only in and by our Glanvill, Bracton, Britton, and Fleta, together with our Annalls, Historians, and Records; the latter of which as unto matter of fact do never lye or speak false; but is and hath been written, said and practised, by, in, and amongst the most of Europaean Nations of Germany, France, and Spain, if we reade and consider well the books of [Page 214] their learned Lawyers, when too many of our now effassinated nation, will not take the pains to look into former ages, or if at all, beyond our Inexpiated & late Rebellious Age, begin­ning at the year 1641. but scorn at Solomons large, Just, and Well-deserved Commendations of Wisdom; and esteem the Prophet Jeremy, inspired by God to be no other in his Coun­cel or Advice, State Supervias antiquas & inquire veritatem, then a fopp or a grave thinking Coxcomb, and to be told to his face, as the Prophet Jeremy was, say what thou wilt, we will not hear thee. And it may be to our sorrow be made an Ad­dition to our heretofore seven wonders of England, that our Littleton, and Sir Edward Coke his adoring Commentator, should draw the water, and have so little or no acquain­tance with the Fountain, from whence it Came; and all our Year-books, and Law-Reports should allow of so many of our Feudall Laws, and not cite, or quote, or tell us from whence their Originall came in: Insomuch as Littleton as Sir Edward Coke relateth, speaketh of the Kings Prero­gative but in 2 places in all his book, viz. §. 125. 128. and in both places saith, it is by the Law of England, And Sr Edward Coke that gave in some of his books, that good and wholesome advice, petere fontes & non Sectari Rivules, should not (as he fondly did) have built Altars, & Sacrificed his otherwise to be well esteemed abilities, to the reasonless and notoriously false and vain figments of his so much adored mo­dus tenendi Parliamentum, and the mirrour of Justice, and it can be no less then a marvail, that so learned a Councell at Law and State, as that great and Excellent Queen Elizabeth was so blest with, should permit her to afflict and torment her mind, in the taking away the life of her Cousin Mary Queen of Scotland for Treason, who had fled unto her for protection, against the persecution of her Rebellious Subjects, who had driven her out of her own Kingdom; and was by some Ill­affected English made use of in some of their plots and Con­spiracies, which were then made or Contrived, by the advan­tage of her being here, against their Sovereign and her Royall Government; upon a designed Marriage betwixt her and the Duke of Norfolk, and to endure the menaces and threat­nings of some forreign Kings and Princes her Allies, to a­venge her death as a Common Concernment, (which his now Majestie, and his blessed Father, the Royall Martyr for his people, could not in all their many distresses find any amongst their great Allies and kindred, that would do any thing more then to make their own unjust advantages by an Early Com­plying [Page 215] with their Adversaries) when the Justice of that her unwilling action in the Silence of our best and most learned Annalists and Historians, (who brobably might in that and o­ther matters of our Laws, think our Feudall Laws to be as un­necessary to be proclaimed in England, as that there is a God, when every one should believe it) might have easily proved & demonstrated, the sentence & condemnation of that unfortunate Queen being a Feudatory of our Queen Elizabeth, and hold­ing her Kingdom of Scotland of her by ancient Tenure in Capite, homage and fealty, of and under her Crown of England, to have been agreeable unto those Laws, although very un­happy unto the necessity of the one in the causing, and the o­ther in her Suffering under it: and that so many of the Kings Council in the Law, that should be more than the Carved Lyons about Solomons Throne, if they would but read the learn­ed B [...]oks that have been written by some Learned Gentlemen and Divines in the defence of the Kings Just Rights from the Bars of our Courts of Justice to the Bench, and from the Bench to the Bar, should take so little notice of those our fundamen­tall Laws, as only to entitle the Kings ancient Monarchick Rights to no better a Foundation and Originall, then that which the miserable seduced and infatuated Common people shall be pleased to call Prerogative, as if it were some new word or term of Usurpation or Tyranny, to be maligned, bawl­ed, and bayted at, by the silly rabble; or as if the name of Pre­rogative made every thing unjust that the King or his Ministers have either done, or shall do; and some of the Causes (for rea­son amongst many of the effascinations which like the Egyp­tian darkness hath almost Covered all our Land of Egypt) is a word too good for it, may be the mischeivous quarrell be­twixt our Common Lawyers and Civill or Caesarean Lawyers, not reading or understanding so much as they should do, the venerable mother of that which they would call the Common Laws; when at the same time they can be content to make use of their Excellent Rules and Maximes in many of their Pleas, Arguments, Books, and Reports, as so many faithfull Guides and Directions.

And for further satisfaction unto, and as far as a demon­stration from what original the most of our fundamental and Principal Laws tanquam a fonte purissimo, the purest fountain of Right Reason, have proceeded, been fixt and continued amongst us, the particulars of the Feudal Laws following, not before mentioned, will (if rightly considered) abundantly Illustrate and Declare, when the Feudists or Fen­dal [Page 216] Lawyers may assure us, that the Feudal Laws being as a Jus gentium of all the Northern Nation of Europe, from or out of which England, Scotland and Ireland, with their adjacent Isles and Territories are not, or ever yet were to be exclu­ded.

In the company whereof, attended also as the Fidus Acha­tes the Trinoda necessitas or expedtitiones castrorum & pontium repa­rationes; From which the Bishops and Clergy by themselves or others, were not to be excused, raysing of Forces at the Countries Charges (which the preservation of their Lands, that were given them for that service, besides the obliga­tions of their Oaths, and gratitude strictly oblige them un­to) making provisions for the War, for the Victuals and the Wages of Military Men, as well at Home as in Forreign Expeditions, for the defence of the Kingdom and State; to­gether with the Arrogationes Auctoritatem dare, l. 2. F. de adopt. Sect. c. 1. or give licence to adopt (as our King Stephen did King Henry the II.)

Which together with our Licences & Pardon of Alienation, and Fines paid for the neglect thereof, Courts-Leet and Baron, Ancient demesne, Free and Copyholders, and Fines certain or uncertain, at the Will of the Lord, Prescription of Anci­ent Custome and Usage not mala in se, villani Bordarii ma­nucaption Satis datio or Baile, Fribergh, Tithings, Sheriffs Turnes or County-Courts, Hundred-Courts, and our Com­munia Concilia or Parliaments, upon Urgent and Special occasions, concerning the defence of the Kingdom, and Church of England, and the advice of the Lords Spiritual and Temporal to be had therein. Wardships, Marriage, Advow­sons, Patronage of Churches, License of Widdows of Te­nants in Capite, to Marry, Seizures Ouster les maines, Live­ries or Investitures, Primer seizen; forfeiture of portion upon marriage tendered and refused, respite of homage, Priority in Suing for Debts, Ann. Diem & Vastum. Power to a­mend, wave, or charge his Demurrer, to Imploy Coro­ners, Escheators, and Feodaries; Issues aut diem clausit extremum stay other Mens Actions with a Rege Inconsulto; Kings Silver or Money to be paid pro Licentia Concordandi, Writs of per que Servitia cessavit per Biennium de Coronatore eligendo de advocatione, and the Assessments of Escuage quare impedit & de viridario eligendo in Parliament. Writs of Couge de Eslire Evesque. Writs of Recordare or Accedas ad Cariam, Writs of Prohibition distringas de Excommuni­cato Capiendo; our Juries or Tryals in matters of Con­troversies [Page 217] per pares, our Writs de Odio & Atia ne injuste vexes, Writs of Novell Disseisiu, or of Entry and Redisseisin or Triall by Battell, or Judicium Dei fire deal or Ordial, Writts de Nativo habendo Certiorari de Proprietate probanda cum multis aliis, mentioned in that authentique book of our Laws called the Register of Writs; and even almost the whole frame and Context of our Laws do (besides the Laws and Statutes made by our Kings and Princes, and the reasonable Customes and Usages of the People, indulged or allowed by them) plainly bear and de­clare the Idea, Effigies, and lively Portraict of the Feudall Laws Planted and established as they ought to be in this our heretofore more happy Islands; distinguishing Estates in Lands granted inter feudum nobile & plebeium: From the former of which, our Nobility and Bishops have derived their Privileges of Freedom from Common Process of Arrest, and even the widdows of the Nobility, together with the prece­dency of the Sons and Daughters of them; And our Kings have enjoyed the privilege of protecting the persons of their servants from personall arrests, which they may certain­ly as Justly and lawfully do, as the members of the house of Commons, and their Servants; And that of the House of Peers in Parliament do and have none in the Times of Parlia­ment, and it should not be unobserved or unknown by or un­to our later Lawyers of England, that the ancient and usuall forms of our Declarations and Pleadings at Law, have been and are, that the Plaintiffs or Defendents were or are Seized in dominico suo ut de feodo Simplici aut Talliato, and that our Laws have or had ab antiquissimis Seculis, or ages, a great mixture of the Feudal Laws, which the people esteemed to be a part of their happiness, untill this our last mad age of Re­bellion, Faction and Sedition, had taught our English Copy­holders to esteem their Tenures to be a Norman Slavery, wherein the Charity and good-will of their Landlords have continued to their generations, yet notwithstanding have by length of time converted their kindnesses into a villanous Cu­stome of Ingratitude. And as the Civill Law had before done inter patrones et Clientes, the patritii or Nobility esteemed it to be a Disparagement to intermarry with the vulgar, who could not for a long time, and without much Strugling, be admitted into the Magistracy; (as Livy and other good Ro­man Livy. Historians have assured us) but were as a Seperate part of the people, glad to be content with their Tribuni plebis to Intercede with the Senate, to make good and wholsome Laws, [Page 218] or abate the rigour or Severity of any of them; so far were they from ambition or any designs of Intermedling above their Incapacitated Spheres, or Incroaching upon the Kin [...]y Government; as if Simon Montford, and his Fellow-Rebells, had by force put upon King Henry the 3d. in the 49th, year of his Reign, taught them the way unto it, not as he did, by force, but by degrees and sly Insinnuations, working upon the Indulgence or necessities of their princes, but might have tarryed long enough, and beyond the longest period of time, before our Feudal Laws would have given them so much as a leave or licence to attempt it.

However if that will not do, those Novillists, or hatchers of new & unwarrantable doctrines, will to work again, & limbeck their Fancies, to vent the only Vapours of such imaginations, or what can be Extracted as some Elixir Proprietatis, Elixir Vitae, or Salutis, to be purchased at their own & others costly enough rates and prices, so as they may be instrumentall and subservient to their Wicked, and Seditious Designs, of Sub­verting the Monarchy, and Deluding the People. And their men of more Faction then Wifdom, Law, Right, Reason, or Evidence.

SECT. XVI.

That the General Councels or Courts mentioned before the Re­bellious meeting of some of the English Baronage, & the con­straint put upon King John at Running Mede, or before the 49. of H. 3. were not the Magna Consilia, or Generale consi­lium, Colloquium, or Communia Consilia now called Parli­aments, (wherein some of the Commons, as Tenants in capito, were admitted) but only truly and properly Curiae Militum, a Court Summoning those that hold of the King in Capite, to acknowledge, record and perform their services, do their homage, and pay their reliefs, &c. and the writ of Sum­mons, mentioned in the close Rolis of the 15th, year of the Reign of K. John, was not then for the summoning of a great Councell, or Parliament, but for other purposes, viz. Mi­litary Aids and Offices.

WHich withall their Strains, Conjectures, or Alchimy of abused Wit, will never be able to make the Writ, which Mr Selden found in the close Role of the 15th, year of the Reign of King John, to be any Patern, or to have any re­semblance [Page 219] with the Writs of Summons, framed by Simon Montfort, and his rebell-party, in the time of the Imprison­ment of King Henry the 3d, in the 49th, year of his Reign, having no other then these words, viz. Rex vit. Oxon, preci­pimus tibi, quod omnes milites ballivae tuae, qui Summoniti fuerunt, esse apud Oxon ad nos a die omnium Sanctorum in quin­decim dies, venire facias cum armis suis, corpora vero Ba­ronum sine armis similiter, Et quatuor discretos milites de Comitatu tuo illuc venire facias ad nos, ad eundem Terminum, ad loquendum nobiscum de negotiis regni nostri, & meipso Westmonaesterium, 7. die Novembris, and not the 15th as Mr. Selden hath mis-recited the dates thereof.

Et eodem modo Scribitur omnibus vice Comitibus, Which writs, he saith, seemeth to be a Summons to Parliament at Ox­ford, Ro. Claus. 15. Jo. parte 2 m. 7. in dorso, not parte. 1. as in Seldan or his Printer hath misquoted it. by the Strangest Writ of Summons, and without exam­ple, that he had been, and was ever-willing to prove the di­stinction, betwixt the Barones Majores & Minores, to have its originall or foundation about that Time: Whereunto pace tanti viri I may not subscribe, for that it is more likely to be but a military Summons, much of that roll being busied in Writs of Summons of Array to the Ports and others against a feared approaching invasion of the French, to whom the Pope had given the Kingdom of England, and so many Te­nants in Capite would have made too great a number to ap­pear in a Parliament or Great Councell, and have been much fitter for a Muster, and to come with Arms was not Parlia­mentary, and there was nothing like a distinction in that Writ or Summons betwixt the Majores and Minores Barones, for they held in Capite also as all the other did, and the quatuor milites out of every County might all or some of them hold in Capite, and if it had been to a Parliament, the Barons would have had particular Writs of Summons directed unto them, and the Praelates also, who were usually Summoned at the same time, and as other of the Baronage would have taken it ill to be driven to their Duties by Sheriffs Authorized by Writs of Venire facias, and Samuel Daniell much disagreeing with Mathew Paris therein, gives the reason of those Writs, and that intended great assembly to have been only the great care of King John, to gather all the Force and Strength he could to march with him to Dover, to resist the French, and to that end having before Summoned all Earls, Barons, Daniel in the Life of King Joh. 136 137. Matt. Paris. [...]34. Knights, and who else could bear Arms, to be ready at Dover presently upon Easter, furnished with Horse, Armour, and all Military Provision to defend him, themselves, and the King­dom, [Page 220] against the intended invasion under the penalty of Cul­verage, Spelmans Glossar. which was perpetuall Shame and Servitude.

Whereupon so great numbers came, as for want of Suste­nance, being returned home, he retained only some of the more able sort, which amounted to the number of 60000. and some of the writs or Commissions of Array sent to the Ports had a clause therein, & unusquisque sequatur Dominum suum, Et qui terram non habent & arma habere possint (as Mathew Paris hath it) illuc veniant ad capiendum solidatas Regis, and the words Corpora vero Baronum sine armis, in the writts of resummons of the more speciall part of the men formerly summoned, having nothing of the penalty of Culverage, might be well understood to be, that the Barons, who were not to be arrayed by Sheriffs amongst Common Soldi­ers, were in such a case of extremity to be desired to be there sine armis to encourage, and lead on those that held of them.

And they with the quatuor milites discretos, were besides ad loquendum cum Rege, which being to be without Burgesses, and not ad faciendum & consentiendum to those things which the King and his Councell of Praelates and Barons should or­dain, can arrive to no nearer a resemblance, of the forced writts of the Elections of some of the Commons, to come to a Parliament in the 49th, year of the Reign of King Henry the 3d, then 4 Knights of every shire, without Burgesses, do unto 2. with as many Burgesses out of every City and Bur­rough, some Citys having a County appertaining unto it (but are not many) and sending four, whereof 2 were to be for the Connty and 2 for the City, and as little resembling in the bu­siness or matters for which they were to come, as ad loquen­dum de negotiis regni cum Rege, doth with ad faciendum & con­sentiendum to such things as the King and his Councell of Barons, Lords Spirituall, and Temporall, should in Parlia­ment advise, and ordain.

In the first year of the Reign of King Henry the 3. when no Acts of Parliament are found to have been then made, Ro. Claus. 1. H. 3. m. 9. in dorso. that King directed his writ to the Sheriffs of Devonshire, and unto all his Sheriffs of the Counties and Shires of England, quod venire faciat usque Oxon, A die Iovis prox. post nativi­tatem sancti Johannis in tres Septimanas, Archiepiscopes, E­piscopes, Abbates, Priores, Barones, Com: omnes, milites, libere tenentes, & omnes alios qui servitium nobis debent, equis & Armis, cum fideli nostro Will. Marist. & aliis Mag­natibus de Consilio nostro, quae eis praeteperimus, & hoc, sicut honorem suum & sui Indempnitatem diligunt, nullatenus o­mittant, [Page 221] teste Com. apud Glouc. And in a writ directed to the Sheriff of Berks, Commanded him, quod venire fac. usque Oxon. die Dominica prox. post festum sancti Petri, ad vincula totum servitium, quod Archiepiscopi, Episcopi, Abbates, & viri religiosi, Com. & Baron. & Omnes alii de Balliva tua quaecunque fuerint nobis debent; venire fac. illuc ad diem il­lum similiter, omnes illos de Baliva tua, qui non sunt homines praeditorum, & per Catalla eorum & alia Jurati sunt, promp­tos, & paratos ad eundum in servitium nostrum, quae eis prae­cepimus, quae &c. T. apud Oxon. So as it may, with some confidence be asserted, that the Commons of England, other­wise then comprehended in the authority, Votes and Suffra­ges of the Nobility and Bishops, had before the imprisonment of H. 3. as aforesaid, no Summons by election or otherwise, to come unto the great Councels, or Parliaments of our Kings or Princes: Wherefore they must be more then a little confi­dent, of their art in tentering other mens Judgments and O­pinions, to affirm with any probability, that the Commons, or any elected number of them, either in the now mode of Election, or that which had its first creation in the imprison­ment of King Henry the 3. otherwise then as he, or the former Kings did sometimes use, as they pleased, to call some of the more Wise and Able of them for Advice or Information, as King John did ad loquendum, or as King Henry the 3d. in the 36th, Year of his Reign, did call the Londoners to West­minster, Sam. Daniel, 167. about taking upon them the Cross, and attending him in those Wars, representing in that particular only, their own Estates, or Qualities.

When in a Parliament holden by the Queen, and her Coun­cell, in his absence in France, in the 38th, year of his Reign, though Mathew Paris, and Mr Daniel have given us no inti­mation of a Parliament then holden, (wherein do not appear to have been any Commons or House of Commons) the Lords gave an aid by themselves, the Clergy doing the like, as is evidenced by the 2 following Records in these words, viz.

Rex dilecto & fideli suo Willielmo de Oddinggeseles salu­tem, Cum Venerabilis pater B. Cantuariensis Archiepiscopus, Claus. 38. H. 3. m. 14. dors. Episcopi provinc. Cant. R. Com. Cornub. frater noster, R. Com. Glouc. & alii Com. & Barones in quindena sci. Hillarii jam praetoriti apud London, coram dilecta Regina nostra & Con­silio nostro Commorante in Anglia, constituti nobis promiserunt liberaliter & benigni facere auxilium decens & perutile, viz. quidam prelati in propriis personis, & quidam in pecunia; Comites vero & Barones in propriis personis suis, potenter con­tra [Page 222] Regem Castelliae, qui terram nostram Vasconiae in manu for­ti in quindena Pasche proxime futur, hostiliter est ingressurus, vos ex toto corde requirimus, quod sicut supradicti Commites & Barones nobis promiserunt quod erunt London A die Pas­chae prox: futur in tres septimanas parati & bene muniti, sine ulla dilatione versus Vasconiam ad nos personaliter movere; vos ad dictas diem et locum modo consimili veniatis omni occa­sione & dilatione postpositis, ad tendendum versus portesmum cum praefatis Magnatibus, ad transfretandi cum eisdem ad nos in Vasconiam, et hoc, in fide qua nobis tenemini, vobis firmiter injungimus, & sicut honorem nostrum, & indempnitatem cor­poris nostri diligitis. T. per Reginam 5. die Febr.

Et mand. est per Henr. 3 Regem in An. 38. regni sui Archiepi­scopis Claus. 38. H 3. m. 13. Shedula et Episcopis totius Angliae, quatenus cum festinatione om­ni convocent omnes Abbates et Priores suae Diocesis cujuscun (que) sint ordinis, inducentes modis omnibus quod nobis in praesenti necessitate subveniant, manu lar [...]lua; ne per defectum ipso­rum vel aliorum corporis incurramus periculum, et terrae nostrae jacturam, quod absit, quia id verteretur in vestrum ipsorum opprobium sempiternum, sic igitur vestra vigilet discretio circa praedictum auxilium tam a vobis deferendum quam a subditis vestris per quirendum, quod futuris temporibus vobis & ipsis simus non immerito obligati. Proviso quod praefatum auxili­um habeamus apud Westmonasterium in quindenam Pasche proxime futuram sine defectu, & hoc sicut nos & honorem no­strum, nec non & indempnitatem corporis nostri diligitis, non omitatis. Dirigitur etiam litera ista Archiepiscopo Cantuar, cum hac clausula, & quod ordinariam jurisdictionem exerce­tis vacante sede in Episcopatu Linc. vos requirimus affectuose quatenus officiariis vestris et Archiediacono ejusdem Episcopa­tus scribatis, attente quod tempestive convocent omnes Abbates, & Priores ejusdem Episcopatus, cujuscunque sine ordinis ad certos dies & locum abducentes eos nudis omnibus quod in hoc necessitate vestrae concilium nobis faciant subventionem.

And the failing to perform Military services was afterwards by the Statutes of 6. E. 1. ca. 4. & 13. E. 1. ca. 21. made so Penall and fixed upon them, as after a Cessavit per Biennium in the performing of their service, the King or Chief Lord might by writs ordained to be granted out of the Chancery, demand and prosecute to recover the same, and such Te­nants after Judgments had against them were to be for ever barred to demand, or enjoy the same, and where either the Ro. Marist. Coke. 1. insti­tutes tit. Es­cuage. Sect. 102. King demands Escuage of his Tenants, or the mean Lords demands Escuage of their Tenants, it was to be assessed in [Page 223] Parliament, and Proved or disproved by Certificate of the Marshall of the Kings Host, who is enabled thereunto by his Roll kept for that purpose. When in Parliament, the mem­bers of the house of Commons either holding Lands, in Capite, or of mesne Lords, by Knights Service, were not up­on denying to grant Subsidies, or Aydes to the King, to for­feit or lose their lands, according to the aforesaid Acts of Par­liament or otherwise.

And such kind of Courts for lands holden in Capite or by Knights service, should not by the most ordinary and mean Capacities, be understood to be one and the same with the great Court or Councell of Parliament, which many times by the Power and Authority of the King in that his Highest Court, corrects, and rectifies the defaults of the other.

Our high Courts of Parliament, having the Judges of the Land subordinate to their Prince, whether they have lands holden in Capite or no land, summoned by his writs to give their Councell and advice as to matters of Law, and the an­cient customs of the Kingdom, wherein the King is attended with his great Ministers or Officers of State, as the Lord Chan­cellor, Treasurer, Privy Seal, great Chamberlain of England, Lord Steward, and Chamberlain of his houshold, and Lord Admirall, whether of the degree of Barronage, or holding of him in Capite, or not, with other great & solemn formalities becoming the honour and State thereof, with which that most honourable assembly is accompanied, greatly different from those lesser Courts or Councell of summoning and calling to­gether, those that were only proper or obliged to actions of war, or to know how their services were performed, when our Parliaments being summoned to treat and advise of mat­ters, concerning peace and the defence of the Church, and de quibusdam arduis only, and have sometimes no matters of war consulted thereon. Those military Councells, ancient­ly summoned for service in war and defence, being in a ve­ry different form from Parliamentary Councells, as for fur­ther satisfaction may be manifested by the writs aforesaid.

And was no more then what every Earl and Baron had in their Courts and Jurisdidictions, when they summoned the Tenants, holding of them by Knights service, to their Courts of honour, or their honorary Possessions which were in our records frequently stiled, as the honors of Eagle, Eye, Leicester, Hedingham, Penerel, Arundel, &c. to which purpose they had their Escheators, Feodares, and Stewards to preside, or offici­ate therein, subordinate unto them, when they called their [Page 224] Tenants together either to ayd, ride, or go along with them in the wars and service of their Prince and Country, or to pay them their reliefs or ayds, pairfile marier, which the Law In­terpreteth to be only the elder, or to make the eldest Son a Knight, or to do their homages, or pay for the respite of them, and to give the Lord to understand what alienations had been made of the lands holden of him, whereby to Entitle him, and those that did hold of him, to the benefit of the Statute of Statute Quia Emptores ter­r [...]rum. 18. E. 1. cap. 1. Quia Emptores terrarum. And altogether dissimular to that of the Parliament first begun, with those few of the Commons, which adventured to come unto it in Anno. 49. H. 3. when he was a Prisoner in the custody of Montfert Earl of Leicester a powerful rebell, discontinued and interrupted, as rebellious designs ought to be, after his release, untill King Edw. the 1. found it convenient to make use of that kind of writ of Sum­mons to ballance the then swelling power of some of his over-Unweildy Baronage.

For in the former or those great Councells or Parliaments that were before the 49th Year of the Reign of King H. 3d. the Lords Spiritual and Temporall took upon them the care & charge of the Commons, as included in themselves, as their Subjects, they being by that then first kind of Writ only Elect­ed to consent & yield Obedience to such things, as the Lords, not themselves, should ordain; for had it been (as it never was) otherwise, it would have been altogether ungatory and ridi­cule, to allow a power to the Commons to ordain, when they were impowred only to assent unto and obey, and can­not at all be understood to obey, and be subservient to that which themselves had Decreed, the Lords Spirituall and Temporall, untill the King had given unto what was advised by them, his Royall sanction and assent, being not at all obli­ged to any Obedience thereunto.

And untill the statute de Tallagio non concedendo, without the Assent of the Lords Spirituall and Temporall, and the Commons in Parliament Assembled, was by King E. 1. as­sented unto, had nothing to do in the granting of ayds and subsidies in Parliament Concurrently with the Lords Spiri­tuall and Temporall, in the aforesaid Writ of 18. H. 3. is said to be for to supply their own necessities as well as the Kings.

But in the Military Courts, which were as aforesaid Sum­moned by King John or any other of our Kings before 49. H. 3. the Knights or those that held in Capite, or Knights-Ser­vice, that should fail to do their Services, was to forfeit their [Page 225] Lands so holden, and be in the Kings Mercy, or pay Escu­age, which though it were to be assessed by Parliament, was not then Understood to be a Parliament Composed of an House of Commons, but a Parliament after the Ancient way, consisting only of the Lords Spirituall and Temporall, the Kings Great Officers of State, Judges and Councell.

Which our Kings and their Councell both generall and speciall, were not ignorant of, either as to its right use, or ne­cessity, for publique good or preservation, When King John being rightly informed, and in fear enough of an Invasion in­tended by the King of France, his profest and known enemy, Mat. Paris. 233. & 234. et de omnibus quae in transmarinis partibus agebatur edoctus, did not only inbreviare omnes naves, universis portubus toti­us Angliae per brevia sua sed alias literas universis Vicecomi­tibus regni sui misit et direxit sub hac forma, Johannes Dei gra­tia Rex Angliae, &c. Summone per bonos Summonitores, omnes Barones, Milites, & omnes liberos homines, & servientes, vel quicunque sint, vel de quocunque teneant, qui arma habere debent, vel arma habere possint, & qui homagium nobis, vel ligeantiam fecerunt, quod sicut nos & seipsos & omnia sua di­ligunt, sint apud Doveram ad Instans clausum Paschae, bene parati cum equis & armis, & cum toto posse suo, ad defen­dendum caput nostrum, & capita sua, & terram Angliae, & quod nullus remaneat, qui arma portare possit, sub nomine Cul­vertagii, & perpetuae servitatis, (when both in England and France, nihil magis quam opprobrium significavit) Et unusquis (que) sequatur dominum suum, & qui terram non habent & arma ha­bere possint, illuc veniant ad capiendum solidatas nostras, & tu omnem attractum victualium, & omnia mercata ballivarum tua­rum venire facias, ut sequantur Exercitum nostrum, Ita quod nullum mercatum de ballivis tuis alibi teneatur, & tuipse tunc sis ibi cum predictis Summonitoribus, & scias, quod scire volu­mus quomodo venerint de ballivis tuis, & qui venerint, & qui non & videas quod tu Ita efforciate venias, cu [...]equis & armis, & haec Ita exequatis, ut inde ad corpus tuum nos capere debea­mus, & tu inde habeas rotulum tuum, ad nos certificandum qui remanserunt. Whereupon, saith that Historian, his ergo literis per Angliam divulgatis, convenerunt ad maritima in locis diver­sis, homines diversae conditionis, et aetatis, sed cum per dies pauces tantae multitudini victus defuisset, remiserunt ad propria, princi­pes militiae, ex inormi vulgo copiosam Multitudinem mili­tes solummodo servientes, & liberos homines cum Balistariis & sagittariis, juxta maritima retinentes omnibus, igitur congre­gati ad pugnam aestimati sunt in exercitu apud Barham d [...]nam [Page 226] inter milites electos & servientes strenuos, & bene armatos sexaginta millium virorum fortium, quibus si er ga Regem Ang­liae & defensionem patriae cor fuisset & anima una non fuisset princeps sub coelo contra quem regnum Angliae se non defenderet.

And it was no mervail to the people of England, who then had not learned to be affraid or make Bug-bears of pub­lique Walsingham. Hist. Angli. E. 1. 69. good, or kick and winch at every thing that tended that way, when King Edward the first in the 24th, Year of his Reign, Citari fecit omnes qui sibi servitium debebant, cae­terosque omnes qui viginti libratas terrae & amplias tenebant, ut parati essent Londoniis in festo sancti Petri ad vincula cum equis & armis transfretaturi, cum eo & Regis stipendiis militaturi.

And do very much differ from a Writ to Summon the Lords Spirituall and Temporall to Parliament, as ad colloquium or consulendum, does from coming parati cum equis & armis which the Ancient cares and usage of Parliaments, since that over-powerfull, and unhappy designs of some unruly Barons coming in Arms to the Parliament at Oxford, in the 42. Year of the Reign of King Henry the 3. and the sad consequences thereof taught our Kings to take heed of it ever after, by pro­hibiting the coming to Parliaments with Arms, and differs no less from the purpose, tenour or purport of the Writs, or Com­missions to elect Knights of the Shires, Citizens and Burges­ses, which had their first Originall and Commencement to come to our Parliaments, in Anno. 49. of King Henry the 3. when that King was a Prisoner to an Army of Rebells, & was not then untill after a long intervall of time in Anno. 22. E. 1. re-continued sub eadem fo [...]a, which was in no other Tenour, or to any other purpose, then ad faciendum & consentiendum iis to those matters or things, which the King by the Councell and advice of the Peers viz. the Lords Spiri­tuall and Temporall should ordain, and although there have been ab ultima antiquitate great Councells or Parliaments. Now, although not formerly, called Parliaments in this Na­tion or Kingdome, yet they were not materially or formally the same, and if it could be proved that the members thereof consisted of 3. Estates, besides the King their Sovereign Lord, before the 49th, Year of the Reign of King Henry the 3. which all our Parliament Records do deny, yet they that were admitted or came under the Elections, illegally for­ced Writs and designs of Montfort, and his rebellious partners, by their then only newly contrived House of Commons, can never entitle themselves to the same Origene, Identity, purpose and usage of our former Parliaments, before that [Page 227] House of Commons in Parliament were admitted to consent unto and do what the King by the advice of his Lords Spiri­tualand Temporall therein should Ordain.

And there might be allways reason enough found, that there should be a distinction betwixt the great Councells of Parliament, which were not only for extraordinary emer­gencies touching the defence of the Kingdom, and Church, and redress of grievances in Civill affairs and contingencies, and that which was for Military aids and services, for saith our old and learned Bracton, in Rege qui recte regit necessaria Bracton Li. 1. de legibus & conscietudini­bus Anglica. sunt duo haec, Arma videlicet & leges quibus utrumque tempus Bellorum & pacis recte possit gubernare, utrumque enim illorum alterius indiget auxilio, quo tam militaris res possit esse in tuto, quam ipsae leges usu Armorum, & praesidio possint esse servatae, Si autem Arma defecerint contra hostes, rebelles, & indomitos sic erit regnum indefensum, sic autem leges sic exterminabitur Justicia nec erit qui rectum faciet Judicium.

And our Kings, whose Royal Progenitors had heretofore all the Lands in England holden of them in Capite, might, in their greater concernments, better deserve to keep their sepe­rate and particular Military Courts for aids and services, then those many of their Subjects do, that would be unwilling not to be allowed to do it in their own Estates, which had no o­ther fountain or originall then the bounty and indulgence of their Kings and Princes; and Bracton hath inform'd us, that quod ille homagium suum facere debet obtentu reverentia quam debet domino suo, adire debet dominum suum ubicunque inven­tus fuerit, in regno vel alibi, si possit commode adiri, Et non te­netur dominus quaerere suum tenentem.

And in the homage, Secundum quosdam, there is to be salva fide debita domino Regi & haeredibus suis. Et quod faciet servitium debitum domino suo, & haeredibus suis, & non debet homagium facere privatium, sed in loco publico & communi, co­ram pluribus in Comitatu, Hundredo, vel Curia, ut si forte te­nens per malitiam homagium vellet dedicere, possit dominus fa­cilius probationem habere de homagio facto, & servitio re­cognito.

Which with the aid of tenures, and feudall Laws, and the homage & services due from the Subjects to the Crown, their Oaths of Allegiance and Supremacy, and our many and ex­cellent Laws for self-preservation, and publique safety did so firm, and fix the Militia, and Jus gladii in our Kings and Princes, ordained and appointed by God, for the execution of Justice, Defence, and Protection of the People, their [Page 228] Religion, Persons, Lives, Laws, Liberties, and Estates, as they that would by perverted, wrested, and falsly con­cluded arguments overturn our Government, and have La­bour'd by all the Shifts and Falsities, which the Devill and his Imps could contrive and furnish, to Propagate their Designs, and Principles of Wickedness and Confusion, may find that all the Laws, Records, Annalls, and Historians of the Kingdom do assert, and prove the Jus gladii to apper­tain to none, but our Kings, and that the attempt to take it from them hath been ever accompted and punished as a Rebellion; And that they are not Masters of their Wits, or are Lunatiques without intervalls, that can think their In­dustry and Pains well bestowed, to go about to prove that there ought to be, or ever was an Allegiance Oath, or Ho­mage made or taken to the People universally considered, or was unto them due or could be by any right rule of Law, Custom, or Right Reason, claimed by them or any way appropriate unto them.

Unto which well known and allways due Rights of our Kings and Princes, were very subservient those great aids and support of the Kingdom, the Knights fees and lands, held of our King in Capite, the strength and honour whereof, could neither well be preserved, called upon, or certified un­to our Kings in their Exchecquer, as the book called the Red-book, in that Court, kept only for that purpose, will inform us, without an often Summoning those necessary and useful Courts, or keeping them from a disuse, which hereto­fore were wont to serve as Prognostiques or Indications, or a feeling of the strength and pulse of the Kingdom, by our Kings and Princes, the careful Phisitians thereof; the neglect whereof by the dissolution of the Abbies, Monasteries, and religious Houses, and those large quantities of lands being no less then a fourth part of the Kingdom, and the par­celling thereof into small quantities, afterwards granted with a tenure in Soccage, and our Kings granting of other great quantities of the Monastick Manors and lands, to be holden in free and Common Soccage of the King, as of his Manor of East Greenwitch, together with the carlesness of the Court of Wards and Liveries, and the Eascheators and Feodaries of the after ages, so little minding their Duties and Oaths, as if one parcell of lands were by a Jury found to be holden in Capite, they were well content to suffer all the rest to pass with a per quae servitia ignorant, and the carelesness in the levying of Fines, and not suing out of Writs, in such cases accusto­med [Page 229] called per quae servicia, which, if the tenures in Capite and by Knight service had not been so ever to be lamented unhappily exchanged, for a moyety, after the Kings decease, of a corrupt and unwholsome Drunken Excise, those Terms in Capite with their Military aids and services, the quondam strength and glory of our Kings and Nobility, would have dwindled and shrunk into a consumption and Tabes, of our heretofore Gigantine body politique, and have for a great part by themselves, without the so often murmuring and un­willing taxes and assessments been too weak or feeble to pre­serve their grandeur, and protect and defend them and their peoples properties, trades and interests, from domestick di­sturbances and forreign invasions or Injuries.

Howsoever rather then want a Shift, or that which they would have to be called Truth and Reason, when it can be neither of them, they think something may for their purpose be picked out of old Bracton, to help in a Case of necessity, & & it were a pity, that the best Cause of God, as they call'd it, should be lost, for want of a little help to Support it, & therfore rather then suffer it to sink and perish, every one that was well affected and a well-willer thereunto, should make use of all the Contrivances imaginable, and do all that they can to per­swade and believe, otherwise it will Conduce to little purpose.

SECT. XVII.

That the Comites or Earls have in Parliament or out of Par­liament, Power to Compell their Kings or Sovereign Princes to yeild unto their Consults, Votes, or Advices, will make them like the Spartan Ephori, and amount to no more then a Con­clusion without Premises or any thing of Truth, Law, or Right Reason to Support it.

BUt the straw and stubble upon which the late long Parlia­ment-Rebellion hath built a great part of their wicked and godless pretences by misusing and ill understanding of a piece of our learned Bracton, snatched and torn from the true and genuine meaning and Intention of the Author, will deceive their expectations and hopes in relying upon it, if where he saith,

Item nec factum Regis nec Chartam potest quis Judicare Ita Bracton lib. 2 de a [...]quirendo Domin [...]. ca. 16. sect. 3. quod factum Domini Regis irritetur sed dicere potuit quis quod [Page 230] Rex Justitiam & bene et si hoc eadem ratione quod male & Ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in Judicium viventis Dei propter Injuriam.

Rex autem habet Superiorem Deum scilicet, item legem, per quam factus est rex.

Item Curiam suam, viz. Comites, Barones, quia Comites di­cuntur quasi socii Regis.

Wherein if the word Superiorem should relate or be in­tended by Bracton to the Law and the Kings Court of Par­liament, It would be as a little Grammer as good Latin Law, or Right Reason, and the Authors meaning who lived in the Time of the Imprisonment of King Henry the 3d. by Simon de Montfort and other his Rebellious Earls and Barons, and by some Citations in his book may be believed to have then or after Written it, his aforesaid book cannot be rati­onally thought by the Intire and whole Context thereof to have any design to incourage so Wicked and long continued a Rebellion or intend to render the King Inferior to the Law, in Contradiction unto his own assertions, that Rex parem non habet & Rex facit Legem, and make his Curia Court or Coke 4th part institutes. Parliament whom he can call, Continue, Prorogue, Dis­solve, wherein he hath a negative voice, and as Sr Edward Coke saith, is Principum, Caput & finis, and as it were the Anima, or Soul thereof, And to suppose him to be Inferiour to a Court of his own Calling or disposing kept in his own house or Palace, and composed of many of his especiall do­mestiques, is and would be beyond the fancies of little Chil­dren, or the reach of the silliest sort of Imagination.

And need not be afraid of their Earls and Barons supposed bridling of them in Parliament, when the Barons may be Called or Summoned as our Kings pleased, and the Earls and Greater Nobility also before the Reign of King Richard the 2. And our Kings have both before, & since, always had Seldens tit. honr. as much liberty to Summon the Lords Spirituall, and Tempo­rall, as they had before that Time [...], not to Summon the Praelates, or as they had before or since the Reign of King Ri­chard the 2. to dispence both with the not Coming of the Spirituall and Temporall Lords, by an allowance of their Proxies given to Members of their own house.

Et qui habet socium, habet magistrum, & ideo si rex fuerit sine fraeno, id est, fine lege debent ei fraenum ponere nisi ipsimet Bracton. fuerint cum Rege sine fraeno.

Et tunc clamabant subditi, & dicent Domine Jesu Chri­sti. &c.

[Page 231] It shall be rightly considered that however the word Ma­gistrum and the word Socii by some inadvertency of the Au­thor may, unto those who would be willing to have it to seem to give a power to the Comites & Barones, which the later ne­ver either in their use or institution claimed or practised; It may recieve a more genuine or proper interpretation to be no more then an Advisor or Instructor and more agreeable to the mind of the Author.

For the Comites were in the Roman Empire very antiently Spelmans glos. in verbu Comes & Pancirodo de utris (que) im­periis. stiled Consules & Comites, and after in that and the Eastern Empire, and all its limbs and branches rent and divided from it, and in this Nation enjoyed the name or title of Consul a O [...]dericus vi­talis. Lib. 13. Consulendo, and Comes only a Comitando or being in Comitatu Tacitus. Hist. Lib. 2. Principis, & Comitatum ipsam Aulam & familiam Principis, which in Tacitus's time was called a Cohors Cortis, or Curtis, Ordericus vi­talis. Hoveden & alii histor. Angliae passim & frequenter. or Court, and not Seldom by our old Historians, as Odericus Vitalis, Hoveden &c. Ealdermen in the Saxon times and sometimes Comes, which saith our Learned Selden were but at the first officiary dignities both here and in the Empire, Selden. tit. honor. cap. 1. 3. sect. 5. and Governed as Praefecti Comitatus & Provinciarum, and the Counties were in Edward the Confessors Laws called L. L. Edwardi Confessor. 12. Consulatus, some Vestigia or intimations whereof may be perceived in the grant or confirmation of the Earldom of Oxford to Alberick de Vere by the tertium denarium Comitatus, Seldens. tit of honor. the 3d penny of the fines and amerciaments of that County.

And were neither in England or the Western or Eastern Empire, or any of their Historians, or by any of our or their Antiquaries or Enquirers into the Secrets or Cabinets of time, and its forsaken memorialls ever accompted to be either as Socii or Magistri, or so recorded in any of their or our Records, Annals, or Histories.

And therefore we may without calling up the Ghost of our old Henry de Bracton (who had in the Reign of King Bracton in proamio. Henry the Third made his enquiries into all the ancient Laws, and Customs of England, and searched the vetera judicia, (mentioned divers cases and precedents formerly adjudged,) in the perusall of his Learned Works, meet with his own expositions of what he there Wrote or could be thought to have been any of his Intentions.

For he in the words immediately proceeding not only saith that de Chartis vero Regis & factis Regum non debent nec Bracton. Lib. 2. de acquiren­do Domino. cap. 16. sect. 3. possunt Justiciarii nec privata persona disputare, nec etiam si in illo dubitatio oriatur possunt enim interpretari & in dubiis & obscuris vel si aliqua dictio duos contineat intellectus, Domini [Page 232] Regis erit expectanda voluntas & interpretatio, cum ejus sit interpretari cujus est concedere, & etiam si omnino sit falsa propter rasuram, vel quia forte signum appositum est adulteri­num, melius & tutius est quod coram ipso Rege procedatur ad judicium.

But in several other places of those his learned labours plainly declareth that leges Anglicanae & consuetudines were Lib. 1. Ca. 2. sect. 7. made and confirmed Regum Authoritate, ipse autem Rex non debet esse sub homine, sed sub Deo, & sub lege, quia lex facit Regem.

Attribuat igitur Rex legi quod lex attribuit ei, viz. domi­nationem & potestatem, non est enim Rex ubi dominatur vo­luntas Lib. 1. ca. 2. dererum divi­sione. sect. 8. & non lex: Et quod sub lege esse debeat cum sit Dei Vicarius. Omnis quidem sub eo, & ipse sub nullo nisi tantum sub Deo, Parem autem non habet in regno suo quia sic amit­teret praeceptum, cum Par in Parem non habet imperium.

Item nec multo fortius superiorem nec potentiorem habere debet, quia fic esset inferior sibi Subjectis, & inferiores pares esse non possunt potentioribus.

Et Sciendum est quod ipse Dominus Rex qui ordinariam ha­bet Jurisdictionem, & dignitatem, & potestatem super omnes Lib. 2. de ac­quirendo Do­minio. cap. 24. sect. 1. qui in regno suo sunt, habet omnia jura in manu sua quae ad Co­ronam & Laicalem pertinent potestatem, & materialem gla­dium qui pertinet ad Regni gubernaculum, habet etiam Ju­stitiam & Judicium quae sunt Jurisdictiones ut ex Jurisdictione sua sicut Dei Minister & Vicarius.

Habet etiam quae sunt pacis ut populus sibi traditus in pace si­leat, & quiescat, habet etiam coertionem ut delinquentes puni­at & coerceat.

Si ab eo breve petatur, cum breve non Currat contra ipsum, locus erit Supplicatione quod factum suum Corrigat & emendet Bracton. Lib. 5. cap. 8. quod quidem si non fecerit satis sufficit ei ad poenam quod Domi­num expectet ultorem nemo quidem de factis suis praesumat dispu­tare multo fortius contra factum suum venire.

And Stamford a Judge speaking of the opinion of Wilby de­livered in Mich. 14. E. 3. that in King Henry the 3ds Reign he had seen a Writ which was Precipe Henrico Regi, and Stamford grants of the Kings 41. it was said in Hilary Term 22. E. 3. that in the time of King H. 3. the King might be impleaded as any other Common Person, but King E. 1. his Son ordained such as were grieved, or to sue to the King by Petition, howbeit saving the authority or reformation of those books, he thought that the Law was never that a man should have any such Action against the King, & saith that Bracton in his 3d Book under the [Page 233] Title of contra quem competit Assisa concludes as to the King in the negative; And so saith Stamford, no Action lyeth against the King, but the party damnified is to sue unto him by Peti­tion. And in one place Bracton discoursing where the King doth a wrong, he saith, nec poterit ei aliquis necessitatem im­ponere quod illam corrigat vel amendet (speaking doubtfully Bracton. Lib. 5. de defaltis cap. 3. not positively with a nisi sit) qui dicat quod universitas Regni & Baronagium suum hoc facere debeat & possit in Curia ipsius Regis.

But he doth more clearly express himself afterwards, when he saith, Rex enim decipi potest cum sit homo, Deus autem nunquam cum sit Deus, and where any thing should be said to be injuria Domini Regis, saith again, that Superiorem non habeat nisi Deum, & satis erit illi pro paena quod Deum expectet ultorem, & quicquid dicitur de facto Regis eo quod est Rex & proinde factum judicium disputari non debet, nec factum a quo­quam judicare nec revocari poterit, cum sit justum, si autem fa­ctum injustum fuerit, perinde non est factum Regis, & cum non sit factum Regis, quia injustum, inde disputari poterit & factum Judicari, sed idem emendari non poterit nec revocari sine eo.

So as to rescue the words of that Learned Author from those wicked and absurd interpretations, which the late Par­liament-Rebells and Monarchy-Underminers would have put upon them, It must either be thought that that worthy book of his, hath in that particular Place and words so catcht at, fallen under the fate of many Eminent Books or Manu­scripts even amongst those of the venerable Fathers of the Church, who have not in a long race or course of Time and contingences been able to escape the hands of Corruptors, as the Books or works of the Excellent Origen did by the over­busy designs and rashness of Russinus, the many Spurious Ma­nuscripts of the Vatican Library, and of other Popish Authors Baronius An­nalls ad An. 315. 12. 13. 14. 15. so acknowledged to be by Baronius, and some other of their own Writers.

Or rather that the good man intended no more by the word Magister then an instructor or an Assistant, as the Jews called their Doctors Rabbies; or as Origen was called, by way of E­minency, the Master of the Eastern Churches, and St. Cy­prian called Tertullian so who was never his Master; and our Famons Lawyer, Littleton, gave no less a name to Judge Newton his Predecessor.

And that he used the word Socii, but as Aeneas is sayd to Virgills Ae­neids. have done to his afflicted Trojans in their wandrings to seek new habitations, when in his Oration to comfort them, he [Page 234] saith, O Socii neque enim ignari, sumus ante malorum; or as Julius Caesar did when he encouraged his Soldiers with the acceptable title of Commilitones.

Or as our laws and reasonable Customs have done in the titles and use of the Masters of Chancery, Subordinate to the Lord Chancellors or Keepers of the great Seal of England, who sit and say nothing; or as in the acts of our Courts of Justice are done, where they are recorded and said to have been done by the Chief-Justice & Socios Suos; or as in the case of an associate unto a Chief Justice, or any of the Kings Justices Sitting by and under the Kings Commissions of Oyer & Terminer, where an equality, co-ordination, or Superiority so contra-distinct and opposite each unto other can never be Claimed or allowed. And the Framers and Fancyers of that kind of Argument will gain little by it, when the word Ma­gister properly and truly signifies no more then a Doctor or In­structor (not a Superior) as Sr Henry Spellman hath given us the definition, received meaning, and acceptation of it, when he saith, in Jure Canonico vel Civili Magistri dicuntur in Theologia vel Artibus videtur tempore Clementis. 5. & Con­cilii Spelman glos in Verbo Ma­gister. viennensi Magistri & Doctoris vocabula confundere aevo scilicet Edwardi 1. Usitatiorem tunc fuisse apud nostrates Ma­gistri titulum, reverendum & hoc vocabulum semper de peritia venit & in nomine cognoscitur quod sit moribus aestimandum.

And therefore those many Testimonies before-recited of Bractons contrary meaning, if he may be, as certainly he ought to be, allowed to be his own Expositor may free and vindicate him from being either a Presbyterian or a Conven­ticler or Republican, and make him to be the better believed, for that he wrote that book after the 20th, Year of King Hen­ry the 3d. as will appear by his citations therein flagranti Se­ditione, when the times were full of danger and Suspicion, there were great thoughts of heart, and commotions of mind, and the Regall Authority was endeavoured to be depressed.

Lived after the 21st Year of the Reign of that King, when the jealousies of that part of his Nobility which shortly after took Arms, & entred into an open War & Rebellion, against him, had made him walk in that dreadfull Procession with burning Torches through Westminster-Hall to the Abbey Church or Cathedrall, cursing the infringers of Magna Char­ta, and Charta de Forestis, and being a Judge Itinerant in the Dugdales Ori­genes Juridi­ciales. Seldens notes upon Heng­ham. 239. 51d, Year of that Kings Reign, was believed to have writ­ten that Book in the beginning of the Reign of King Edward the First, could not be ignorant of what had been done, and Ro. Pat. 51. H. 3. in dorso. [Page 235] Transacted in the 42d Year of the Reign of King Henry the Seldens disser­tatio ad Fle­tam. 3. in the aforesaid Provisions at a Parliament (so called) holden at Oxford, and in the 49th, Year of the Reign of King Henry the 3d, during his Imprisonment by an unruly part of the Nobility.

But if the Earls could have been said to have been tanquam Socii & fraena in Power and Authority with the King, which they never were, that could not Entitle the Barons who in the language of our Laws, Records, and Histories, forreign, or domestique, were never called Comites, or Socii of their So­vereigns. But as Earls had surely something else to do, and were not (as Fraenas use to be Superior to Horses whose much greater strength could not otherwise be subdued by mankind) to govern and rule their Sovereign as the greatly a­bused words of Bracton would have it, when their ordinaria Epilogo. Li. 2. de vite Ael­fredi Regis. Script per Jo­hannem Spel-Kenrici Spel­mani filium. potestas in King Aelfreds and those elder times now very near 800. Years agoe, was in Comitiis Comitativis praesidere in bellis sui Comitatus militibus imperandi, in Curiasine Comitar [...] Regis conciliis publicis suorumque negotiis attendendi, & man­data Regia subditis suis Communicandi Rex enim ipsi Comiti in Curia sua plerunque residenti, mandata detulit ille Vicecomiti, his Centurionibus, Centuriones decurionibus, maxima cum ex­peditione pertulerunt.

And neither the Earls or Barons were or claimed to be Con­sortes Imperii, or like the Spartan Ephori.

Or if the Title of Comites did or could give such a Right or Privilege unto them, which may with great Evidence be utterly denied, and the contrary as easily Justified, the Commons or universality of the People, will, untill they can be so mad as to think themselves to be Earls, Socii or Comites of their Kings and Princes or Barons, be little the bet­ter for that mischievously overscrewed Text or words of Bracton.

Or The Earls or Barons being not likely in their honou­rable Assembly of Peers to claim, or have more then a delibe­rative and consultive Power in matters only concerning the King and his Monarchicall Government, but where it was inter Pares or amongst themselves, or by his speciall licence, Hoveden parte posteriore. 375. when at the first Coronation of King Richard the 1st, the Co­mites & Barones serviebant in Domo Regis prout dignitates eo­rum exigebant, & Die Coronationis suae Johannes Rex ac­cinxit Willielmum Marescallum gladio Comitatus de Striguil idem 451. par­te posteriore. & Gaufridum filium Petri gladio Comitatus de Essex qui licet antea vocati essent Comites & administrationem suorum Comita­tuum [Page 236] habebant, tamen non accincti erant gladio Comitatus & ipsi illo die servierunt ad mensum Regis accincti gladiis.

And therein Mr Selden that Monarch of learning and Di­ctator of Reason is to be so interpreted as it may consist with Reason and Truth, when he declared that the Lords in their deliberative or judiciall Power in the Court or House of Peers in Parliament, had a Power to give or pass judgement for or against their Sovereign; for that in the precedent cited by him of King Edward thr Confessors appeal or accusation of Earl Godwin in the great Councell or Parliament of that Seldens tit. honor. 632, 633. 634. King for the death of his Brother Alfred, to whom he as well as the King had appealed for Justice, as the words of the judgment thereupon given against Earl Godwin and the opi­nion of the Lords not contradicted there mentioned as Malmesbury, Hoveden, Huntington, Brompton and Flo­rentius do testify was that Comes nec Baro, nec aliquis Regi subditus bellum, battail, or single combat (saith the mar­gin; a kind of tryall then much in use amongst contending private Persons, where other Evidence failed) contra Regem in appellatione sua de lege potest vadiare sed in toto ponere in misericordia sua & emendas offerre competentes; whereupon it was advised that ipsimet & filius suus & duodecim Co­mites & amici & consanguinei sui essent coram Rege humiliter procederent onerati cum tantum auri & argen­ti quantum inter brachia quilibet poterit bajulare illud sibi pro suo transgresso offerendo deprecando ut ipse male volen­tiam suam, rancorem & iram Comiti condonet & accepto homa­gio suo & fidelitate terras suas sibi integre restituat & retradat illi autem omnes sub ista forma thesauro se onerantes & ad Regem accedentes seriem & modum considerantes locum eorum sibi demonstrabant Quorum considerationi Rex contradicere nolens quicquam judicaverant ratificavit wherein the utmost use that can be made of that Action and precedent to confine the Kings judicative Power in Parliament to that of the Peers and Lords Spirituall and Temporall is that the King upon Earl Godwins answer to the Kings accusing him for the Death of Alfrred his Brother, and the Earls eaecusing himself with a Domine mi Rex salva reverentia & gratia vestra pace & do­minatione fratrem vestrum nunquam prodidi nec occidi unde su­per hoc pono me in consideratione Curiae vestrae was not willing to be a Judge or giue Sentence in an appeal of his own and such a Concernment as the Death of his Brother for which one of the Peers was to be Arraigned and fitter to be tryed as the L [...]w required by his Peers which by the Ancient Custom [Page 237] like Trialls might be done without any derogation from the Kings higher and supreme Authority, and therefore gave a leave or licence to them in that single particular or extraordi­dinary case to do it.

And our Kings and Princes to avoid the imputation of Tyranny Oppression or Partiality, may be the more willing to indulge the like in all cases and matters of Attainders and forfeitures of lands and Estates where our Laws do give unto them the benefit accrewing.

And the honourable Peers and Judges in that Court subor­dinate unto the King may as to matters therein determinable be the better content therewith for that not being Sworn nor punishable, as Judges in other Courts are, and in what they do advise therein, they neither are or can be punishable in a judicio colloquiale, wherein as Paulus Screrbic hath said in his Paulus Screr­bic promptu­ar. Statut Poloniae. 171. Statua Poloniae, Judex in colloquiis aut Regis praesentia judi­cans argui de male judicato non potest.

And the word KUPIA as Sir Henry Spelman saith, with the Greeks and Romans signifying potestas & dominium, and the Lord or owner of it, qui potestate fretus est judicium (que) ex­ercet, Spelmanni glossar. in vo­cibus Curia & Curtis. and the place habitaculum, domini, the residence or Court of the Lord or Superior, ubi sana rei narratio placi­tum forenses vocant, dicebatur autem Curia primo de Regia, palatio principis, inde de familia & judiciis in ea habitis ritu veterrimo, or the place where Kings did administer Justice, surely Kings were not therein to be co-ordinate, or any less then Superior.

And the very Learned Sir John Spelman the Son of that Excellent Learned Father writing the Life of King Alured Aelfredi magni An­glorum Regis vita per Jo­hannem Spel­man Equit [...] ­rat Henrici. f. Lib. 2. 121. sect. 10. 11. 12. or Alfred, hath together with the unquestionable historical part and truth of the relation given us the observation that

Et Comitum potestatem ad huc minuebat nam ne (que) iis inte­gra restabat negotiorum bellicorum tractatio. Horum enim magna pars Heretochiis, sive Ducibus inferioribus a plebe in Comitiis suis Electis Committebatur. Hi enim recensionibus, meditationibis, armorum (que) lustrationibus praefuerunt; milites in Centuriis suis coeuntes, ad locum toti exercitui destinatum deducebant; in bellis demum Ducum inferiorum officiis funge­bantur▪ Prout e legibus boni Edwardi aliis (que) locis facile col­ligitur. Haec institutio (cum a populo, non Comitibus Ducto­res hi eligebantur) non parum e Comitum potentia abstulit.

Comitibus ergo, quorum potentia Regibus semper maxime formidabilis, relinquebatur ordinaria potestas in Comitiis Co­mitativis praefidendi; in bellis sui Comitatus militibus impe­randi, [Page 238] in Curia sive Comitatu Regis conciliis publicis, suo rum (que) negotiis attendendi; & mandata Regia subditis suis communicandi quod mira celcritate post novam hanc imperii institutionem factum est.

Et quidem si Aelfredi nostri vestigiis posteriores Regis in­stitissent, ne (que) tot Seditiones ortae, ne (que) tantum Sanguinis in bellis Civilibus exhaustum, ne (que) Regis ipsi toties tempori­bus subsequentibus periclitati fuissent. Sed tam bene constituta partim bella Civilia (quae statim post ejus obitum recrudescen­tia pene omnibus legibus executionem impediebant, videantur Edvardi senioris querelae, lege quarta) Dani (que) post renova­tas invasiones sub canuto victores, maxime vero Normanni, labefactarunt. Gulielmus enim, sive ut Magnates, in inva­sione regni hujus maxima momenta, pro meritis, & pactis etiam, remuneraret; sive ut Anglos dominio suo efficacius subderet, nobilibus suis Normannis maximam potentiam (que postea tot malorum origo) indulsit. Henricus vero primus, quantum potuit, leges Aelfredi nostri & instituta revocavit; sed tempora consuetudines (que) perversae omnia, quae expedire pote­rant, inferri non patiebantur.

And the authority of our Kings in Parliament were not only in the Ages before but in King Alfreds or Alureds time, Superior and Super-eminent in his great Councells over his Subjects, as Asser Menevensis living in his Court Asser Mene­vensis in Ael­fredi Regis & Seldens tit. honor. 628. and Writing his Life after his Death saith, that Saepissimo in concionibus Comitum & praepositorum ubi pertinacissime in­ter se dissentiebant (ita ut pene nullus eorum quicquid a Co­mitibus & praepositis judicatum fuisset verum esse concederet) qui pertinaci dissensione obstinatissimo compulsi Regis subire judicium singuli subarrabant, and when Appeals and Writs of Error came before him from his Earls or Ealdermen saith Mr. Selden out of Asser Menevensis, when he found Error and Injustice committed by them would Sharply re­prove them.

For in our Monarchicall Government with the ancient long continued and well-experimented existence and consti­tution of the House of Peers and Peerage in the Kingdom of England, the Common People were so subordinate to the Baronage and Peers as the Commons were allways un­derstood by our Kings and our Laws and the Lords Spi­rituall and Temporall, and by the Common People them­selves, to be comprehended in and under the Baronage, who did for them and as they were included in them very often in our great Councells and Parliaments, grant or deny aids or [Page 239] Subsidies, and in their behalf without the Commons them­selves speaking or advising, alledge their poverty and disabi­lity, and the Popes and Forreign Neighbour Princes in their letters and rescripts understanding it no otherwise, of which Mat. Paris & Thomas Wal­singham. Mathew Paris, and Thomas of Walsingham authors of great credit living in the Reign of King Henry the 3d. and King Edward the 1st. his Son, have afforded us plentiful instances.

And all things rightly observed or Considered, could not give any one the least of reason or colour of it, for if our Comites & Burones (Bracton not mentioning the Bishops,) who then had great power if not too much over our Kings and Princes, there then being no Dukes, Marquisses, and Viscounts whom our Kings then used not to create, though there were many Dukes, or said to be, in the time of the Saxons before the Norman Conquest, who by our funda­mentall Laws enjoyed all their authority Subordinate unto their Parliaments and Great Councells, might forfeit their Lives, Estates, and Lands, holden of them in Capite, which was the only Measure of punishment in England before the Act of Parliament in the 25th Year of the Reign of King 25. Ed. 3. ca. 2. Edward the 3d. was made, which did at the request of the Lords and Commons (the Bishops not mentioned) declare what should afterwards be attempted and punished as High Treason, against him and his Heirs, or for Counterfeiting his Great Seal, which did or should bear record of the Laws and Actions and Kingly Government of our Kings & Princes, there having not been in that Act of Parliament or any Act of Parliament; or Laws of our Brittish, Saxon, Danish, or Norman, before or since, tacitly or expressly, for the abolishing or taking away our Feudall Laws and Customs or that ever to be wailed unhappy Act of Parliament made by his now Majesty, King Charles the 2. for the taking away of the Court of Wards and Liveries by reason of his tenures in Capite and of all homage and fealty, drawn and prepared by a Learned Lawyer, and a Member of that House of Commons in Parliament, Dreaming of a Common-Wealth, untill their man of Sin Oliver Cromwell was pleased to awake them, who was in his profession well known to have been eminently skilled in the Common Laws of England, some part of the Civil and Canon Laws, and a great part of the Records of the Kingdom, and much honoured for his love and care of Justice, But being a Judge in those Times, and seduced by another of that Rank, to take such a place up­on him, upon the pretence of keeping up and supporting the [Page 240] Law, and was upon his Majesties Restauration advanced into an higher degree, seemed notwithstanding not to have been so much or so well read as he might have been in the Feudall Laws excellent constitution and frame of the Monar­chick Government of this Realm, when in that House of Commons either in a cool neutrality, or over perswaded by by his fears of or desire of living in safety or to preserve the Common Law, when against his will and well known In­tegrity, he was in that house of Commons in Parliament heard by another Member, that Sat next unto him, to say or declare his opinion that the King was trusted by the Peo­ple, wherein he might have better considered that two parts of our Laws, most precious and necessary both to and for the King and his People, which were the Summoning and calling of Parliaments or Great Councells, and the Tryals of his Subjects Guilts or Innocencies, per Pares, with Reliefs & Herriots due to our Kings and Princes, and unto Ten thou­sand Lords of Manors or thereabouts Subordinate unto their Kings in England, and Wales, with Fines and Amerce­ments, Felons and Out-Laws Goods, Annum diem & vastum cum multis aliis, &c. were solely and principally derived from the Feudall Laws.

Which with some of the Usages and Customs of the Nation, and our Statutes and Acts of Parliament, from Time to Time after made and added thereunto, were the Laws which many of our Kings and Princes took an Oath at their Coronations to Protect and Defend, as also the leges & Consuetudines quas vulgus elegerit, who, if our Feudal Laws had not been so very ancient as they have been, would not want such as would heartily desire and make choice of them to have Lands given to hold of their King in Capite, and enjoy to them and their Heirs under his more especiall protection, and was in the Reign of our famous Arthur, King of Brittain, esteemed so great an happiness, as Consensu Historicorum eruditorum of that Age and Time, Leland hath informed us, Utherus Pendraco fuit pater Arthuri cujus & Leland in as­sertione Ar­thuri. Gorlas Corinnae regulus beneficiarius erat a Notion or Title anciently used of such as held their lands in Capite or by Knight Service.

And therefore howsoever the learned Bracton's Pen might seem to have erred in his expression or words of Fraenare Regis, it might as it ought consonantly to the Proper and Genuine Sense, Intention and Meaning of all his Arguments, through the Context and Tenor of his whole Books, being [Page 241] no little one, be accepted and taken to be no otherwise then a restraining him, as Kings and great and good men have usually been, by good advice and Councell of friends or Servants, as Naaman the Syrian's Servants did in their Lords returning back in an anger from the Prophet Elisha, who came near unto him and perswaded him to wash in Jordan 2 Reg. ca. 5. in order to his recovery from his Leprosy, when otherwise that harsh word or phrase of fraenare Reges could not without great danger, damage or forfeiture, be used, or any forci­ble perswasion put upon a free Prince, by Authorities coutra­ry to their Oaths of Allegeance and Supremacy, Justly and Truly descending from the Feudall Laws which command­eth all men holding of them in Capite to do otherwise.

And although some of our Ancient Historians have informed us, that in a Parliament holden at Merton in the 20th, Year of the Reign of King Henry the [...]. upon the Bishops endeavouring to have a Law made, that according to the Canon Law the Children born before Marriage illicitis amplexibus, should by a subsequent Marriage of the Parents be esteemed legitimate, the Temporall Lords restiterunt, and laying their hands upon their Swords Jurarunt quod no­luerunt leges Angliae mitare, it was not any plain absolute deniall of the Kings Decisive and Legislative Power, but only an Altercation, Debate, or Dispute betwixt the Spiri­tuall and Temporall Lords in Parliament concerning that matter.

And neither the Bishops, or the house of Commons, or any of the Commons represented, or not, could not so much as attempt to force or bridle their King by Commotions or force of Arms, which by the Feudall Laws and the most of our Laws and Customs derived from thence would have been legally adjudged a Rebellion, and Fraenare Regis in that undecent expression, si quod rei fecerit aut neglexerit, quod Dominum contempsisse dicitur, aut si Dominus per conse­quentiam laedatur persona cujus existimationem sartam tectam Feltman de Feudis, sect. 45. p. 146. 148. manere Domini interest, for Concilio & auxilio Domino adesse debet, which was the Cause and ground of right Reason, that in the Reign of our King Edward the 2. the Lord Beaumont or de Bello monte was in Parliament Fined for refusing to come to Parliament and give the King his advice or Councell: And it is not many Years since that the Emperor of Germany Seised and Imprisoned Prince William of Furstenburgh, a feu­datory for appearing in Person at a Treaty betwixt the Em­peror, and the King of France, against his Lord the Emperor; [Page 242] And our Mesne Lords holding their Lands, Jurisdictions; Courts Baron and Courts Leet, notwithstanding that Act of Parliament for dissolving the Court of Wards and Live­ries, and the tenures in Capite supporting it, did from the 24th, Day of February in the Year of our Lord 1645, when in the height of their Wars against their Sovereign they had but Voted the Dissolution of thrt Court and the Tenures in Capite, for at that Time there appeared not to have been any Act of Parliament, although an Act made in the Time of Oliver Cromwell might be an usher, or used as a pattern in the drawing of that (by a learned Judge of those Rebellions Times) wherein the Reliefs & Herriots were found necessary to be reserved unto his now Majesty his Heirs and Sucessors.

Which may sadly be believed to have been a De­capitation or cutting off the head of the Body-Politick or Government as a Prologue to the Tragicall and Direfull Mur­der in the cutting off the Head of their most Pious better Deserving King; No King or Prince in the World, Christian or Heathen, black or white, that had all their Subjects except their Nobility and the Bishops, and such as hold their Lands by the Honorary Services, of grand Serjeanty, or by the te­nures of Copyhold or by Copy of Court-Roll unto which our Littleton giveth no better a name or Title then tenure in Villainage, or any service incident thereunto, which be­ing Littletons te­nures. originally derived from the tenures in Capite, were, not many Years ago, very nigh a fourth Part of the Kingdom, that had so small a reall dependance upon them, or so great a part of their Kingdoms of England, and Ire­land converted into free and Common Soccage, the tenures in Capite in Ireland being about that Time with the like excep­tions converted into free and common Soccage, as England disastrously also was, the Isles of Man, Wight, Garnsey and Jarsey; the two latter being parts of Normandy, together with the American Plantations, as Virginia, Bermudas, Barba­dos, Jamaica and New England and many other our West In­dian Plantations escaping that part of the greatest wound that could be given to our Ancient Monarchy.

And how dangerous and prejudicial a misconstruction of the Statutes de Usilus in possessionem transferendis might be both unto the King and his Subjects, if he should be ac­compted to have been a trustee for the his people, and it was a wonder that the late Lord Chief Justice Hale should in that Act turning all into Free and Common Soccage, not take a Care to abolish the Releifs, being a Duty long before the [Page 243] Conquest payable to his Majesties Royal Progenitors, but leave them with an Exception of all Releifs and Herriots, Fees, Rents, Escheats, Dower of the 3d part, Fines, For­feitures, and such as are and have been usually paid in free and Common Soccage.

Maymed and mangled the Monarchy and Government, as 1. cap. Iudic. 2. 6. & 7. much, if not more, then Adonibezeg a King of Canaan did the Seventy Kings, whom he had taken Prisoners, and cut off their great Toes and Thumbs, for no other advantage then to undermine the beautifull and goodly Structure of our Government, built and supported by and upon these great Pillars and excellent fundamentalls, which, like an House built upon a Rock, was able to resist any the winds and Storms, for many Ages past leave us as a house built upon the Sands, ready to drop into it's own Infallible ruines, which could not be so Rebuilt or Reduced to it's former Strong and Goodly Structure, by reserving to the King and his Successors the Reliefs and Herriots, nor will arise to any recompence, although it might be a great value, together with the Excise of Ale, Beer and Sider, added thereunto, which hath helpt to bring in or increase, as the opinion of the Doctors of Physick have informed us, that Epidemick now more then ever Praedominant Scorbutique Disease, ma­king rich the only false-dealing Brewers & Alehouse-keepers, and Impoverishing the Common People, & Consideratis Con­siderandis, in his Majesties necessary and inevitable Expences more then ever was or can be easily or before-hand calculated. And it may be hoped that it was neither intended by that no Phanatique preparer or framer of that undermining Act of our Monarchick Government, or any Assenters or Ad­visers of it, or his Majesty, that gave the breath of life un­to it, and was as the Anima, or Soul otherwise animating a liveless body, did ever intend to abridge or deny himself the Sovereignty of our Brittish Seas, or their tenures in Ca­pite holden of none but himself and God, the Antemurale or Walls thereof, and with our Ships travelling in or out upon them, as the Safety, Strength, Power, Riches, and Honour of the Nation, or to be ranked or accompted as a tenure in Common Soccage, free ab omnibus servitiis, when it was never accompted to be any part, or within the verge of the Court of Wards and Liveries.

The Seas belonging to our King of England's Sovereignty having been never under the Courts of Wards and Liveries, or any of its Incidents, or appurtenances, or within its [Page 244] cognisance, and this newly found out device or extraordi­nary way of Soccage or tenure by the Plow, free ab omni­bus servitiis, was never nor can be fit for the Seas, unless they, that cunningly have been so fond of it, can make it to be fit or proper or to any purpose or profit to adventure to Plow up the Seas, with Plows drawn by Horses or Oxen, and by that means of Plowing up the Seas, make the Seas to yeild and deliver up all their Riches, Plate, Gold, Sil­ver, and Jewells, which misfortunes of Shipwrack have be­fore 2000 Years if not more in the Epoche or age of our long continued Monarchy far exceeding the Gold of Ophir, and the value of all the Lands of England if they were now to be sold, the former admitting a greater Decay then the Latter, Our Brittish Seas having always been in subordi­nation to our Kings and Princes under the Separate Govern­ment of the Lord Admiralls, Court of Admiralty, Vice and Rere Admiralls, Deptford-House, and the Cares of the Cinque-Ports, many other Sea-Ports, Light-Houses and Maritime Laws, &c.

Whereby our Kingdom hath been greatly enriched by its Trade and Marchandise carried further then the Roman Eagles ever Flew, and as far as the four great quarters or parts of the Habitable World do extend or stretch themselves unto, and the Sun ever shined upon.

And if it had not been upon the Design of blowing up or Disarming our Monarchy together with as much as they could of the Kings Regall Rights for the Defence of Him­self, they would not have attacqued the Militia, or la­boured to Destroy it, when Glin Serjeant at Law, a busy Enemy of our Monarchy, and another Serjeant at Law whose name for his great parts and abilities I silence, heartily wishing that he would before he Dye add repentance to his treasury and great stock of Learning in the employing of it Otherwise then it should have been in that so called long and Hypocriticall Wars, Rebellions, False Doctrines, to­gether with his Misdoings, in the drawing, and forming the Act of Oblivion and Generall Pardon, the greatest and larg­est in extent and gift that ever any of our Kings and Princes gave unto the greatest and most in number of their Subjects, wherein he acquitted these numberless Offenders, that never pardoned any of his or his Blessed Fathers Loyal Party any or but small things, but retained every thing which they had taken from them by Plundering, Taxes, Sequestrations, Decimations, and spoil of Woods and Timber, which [Page 245] should have been an assistance to the building of their burnt Act of Ob­livion & Ge­nerall Pardon granted by his Majesty after his Happy Re­stauration. or demolished Houses or Castles, and the building of Ships the wooden walls of our Seas, and the Carriers out and the bringing home of our Merchandise.

In the Preamble whereof It was declared, that whereas se­verall Treasons, Murders, and Crimes had been committed and done by Colour of Commissions, or Power granted unto them by his Majestie or his two Houses of Parliament, as if any Treason could in Law be committed by any Commissi­on or Order of the King or his Royall Father, the Blessed Martyr, and the Framers of that Act of generall Pardon, could not but remember, that many that Assisted his Late Majesty came upon his Proclamation and setting up his Stan­dard at Nottingham Castle under the obligation of their Te­nures in Capite, and the Duty of their Oaths of Allegeance and Supremacy, and others for hire by great Sums of Money, lent him by that Loyall and Prudent old Earl of Worce­ster, Grandfather unto the now Duke of Beaufort, and by men leavyed and sent unto him from Wales in his Majesties March as far as Shrowsbury towards him, the better to enjoy, and be near the great assistance which he promised and per­formed, without which, and the Ancient and Legall aid and help of his tenures in Capite and by Knight-service, he could not have made any defence for Himself or his Loyal Subjects, but might have been taken and Imprisoned by the Sheriffes of every shire or County, thorough which he was to pass in his Journey to York, with his eldest Son the Prince, whom they would likewise have seised upon, when he was by the Faction and their Hunters, driven and pursued as it were thither for Refuge, as a Partridge hunted upon the Mountains, from his Parliament; when he had no Provision of Arms, Men, or Money: And the Rebell-Party of that Parliament had formed and beforehand made ready a great and powerfull Army without any manner of want of Money and a seduced party of his People to march against him.

And our Feudall Laws were so little despised, unknown or unusuall in this Kingdom, as our Magna-Charta and Char­ta de Foresta, more then 30 times confirmed by Acts of Parliament, and the Petition so called, of Right, will ap­pear to have no other source or Fountain as to the most of the many parts thereof then the Feudall Laws. And they must be little Conversant in the reading, practice and usage thereof, de­monstrable in and through our Records and Authentique Annalls and Historians that will not confess and believe it, [Page 246] when they shall so manifestly almost every where see the ve­stigia and tracks thereof and our Saxon Laws faith­fully translated and rendred unto us by the labours and indu­stry of our learned Lambard and Abraham Whelock Arabick professor in the University of Cambridge and the glossary of our Learned Sr Henry Spelman, may aboundantly be found Lindenbrogius. to declare that they had for the most part no other Pro­genitors.

And could not be understood to amount unto no less then the greatest and strongest Fortifications that any Kingdom could have, though not so guarded by the Sea, as our Islands of Great Brittain are and have been, when Seventy Thousand Horsmen gravi Armatura or not meanly Armed should (as the manner of those Times were) without much disturbance to their other affairs be sodainly ready upon any Emergencies of Wars, Intestine or Forreign, without Pay or Wages, under the greatest obligations Divine and Humane, to de­fend their Kings themselves and their Estates, which in more valiant and plain dealing Times did in no longer part of time, commonly determine the fate or fortune of a Kingdom as to a great part of the Event or success of a War.

And was so necessary to the Defence of the King and Peo­ple, as our William the Conqueror, that did not bring but found the Feudall Laws here in England, may be thought to have been very willing to have strengthend his Conquests here, when he distributed amongst his great Officers in the Army & his Soldiers as much of his Conquered Lands, as Ordericus Vi­talis hath related it, Seventy Thousand Knights Fees, who in regard of their service for the defence of the King, had a C [...]kes 1 part. institutes & Comment snr. Littleton. ca: 4. sect. 101. & 102. Privilege by the Kings Writ for them and their Tenants to be free ab omni Talagio from all Taxes, which priviledge or acquit­tal saith Sr Edward Coke discontinued. Of which our Feudall Laws the Brittains the more ancient Inhabitants of England as well as the Brittains in America in France, now known by the name of the Duchy of Brittain, cannot be believed to have been Ignorant, when the Father of our Victorious Arthur, King of Brittain, was a Beneficiarius, and held his Lands in Cornwall of the King in Capite, unto whose Kingdom were appendant the large Dominions of Norway, and the Islands ultra Scanriam, Islandiam, Ireland, Curland, Dacia, Seme­land, Winland, Finland, Wareland, Currelam, Flanders, & omnes alias terras & Insulas Orientalis Oceani usque Rus­siam, Et iu Luppo etiam posuit orientalem metam Regni Brit­tania [Page 247] & multas alias Insulas usque Scotiam & usque in Sep­tentrione quae sunt de appendicis Scaniae quae Noricena dicitur, and that Kingdom of Brittain had so large an Extent, and the King of Brittain such a directum Dominium therein, that upon an exact Search and inquiry into the Memorialls, An­tiquities In fine L L. Edwards Re­gis. Annalls, and Historians thereof, it was evident that in the Times of Ely and Samuel, after the Siege and Destructi­on of Troy, Brute came into this Island, called it by his name, and divided his Kingdom to his 3 Sons, Loegria, now called England, to his Eldest, Albania, since called Scotland came to the 2 and Cambria or Wales unto his 3 Son Camber, after whom was Arthurus Rex Britonium famosissimus.

Who subdued a great part of France, and those his No­ble Acts were not unknown unto some of the Roman Poets and Historians, and the Laws used here in his Time, may with great reason be understood to have been the same which the English or Saxons our later Ancestors, Fletibus & Precibus, with supplications washed in Tears, obtained of the Norman Conqueror to be left unto them, as King Edward the Confessors Laws for his Justice and Holiness reputed to have been a Saint, and together with the Mercenlage or Laws made by Mercia a Queen of Mercia, or the Borders or Confines of in Praefatione L. L. Edwardi Confessioris. Wales, ought to be esteemed the same aggregate Laws, which K. William the Conqueror of the Brittains, Saxons and Normans after they had began to Intermarrie, and were become, as it were, Populus unus & Gens una, were certified by the greatest, most universall and most Solemn Jury and verdict that ever was Impannelled or made use of in England, and under the strictest and severest Charge, not by Judges delegate but by the King himself, and a Conquering King that had omnia Jura et terras in manu sua, which he did Consilio Baronum suorum in Anno quarto Regni sui cause to be Summoned through all the Shires & Counties of England of & out of the Nobiles sapientes et in Lege cendites, ut eorum Leges, et Jura, et Consuetudines ab ipsis audiret, Whereupon in singulis totius patriae Comitati­bus, a Jury of 12 men, qualified as aforesaid Jure Jurando, coram ipso Rege, before the King himself, no ordinary Judge but the Highest under God, quo ad possent recto tramite inciden­tes, neither turning on the Right hand nor the Left, legum suarum & Consuetudinum suarum patefacerent, neither omit­ting or adding any thing by fraud or praevarication, yet the King seeming better to approve of his Norway and Danish Laws, which in many things, affinitate Saxonum, seemed to be the same with the Norway Laws except in some small [Page 248] difference in the heightning of the Fines and Forfeitures, which when the King had heard read unto him maxime appre­ciutus est, & proecepit ut Obsequerentur per totum Regnum, for he said that his Ancestors & omnium Baronum fere Norman­norum Antecesseres Norwigenses exticissent, Et quod de Nor­wicis olim venissent, Et hac Authoritate leges eorum cum pro­fundioses & honestiores omnibus aliis essent prae caeteris Regni sui Legibus asserebat se debere sequi & observare (and the Saxon Laws being in the Saxon language and he and his Normans for some Generations past alltogether speaking French written in another Idiome and manner could not be thought so soon well to understand) Quippe cum aliaerum legibus Nationum Brito­num, scilicet, Anglorum, Pictorum & Scotorum praeponderas­sent, as if he or his Normans having so lately Conquered the Kingdom of England, and he had after some time returned into Normandy, whether he had Carried some of the most Po­tent of the English Nobility as Pledges and Hostages.

And after some tarrying there, and time expended in the setling of his Affairs, returned into England, where he found Ordericus Vi­talis degestis Gulielmi Con­questoris. some Mutinies and Rebellions, might not, in a mind wholly imployed in the Study of War & Glory be allowed some par­cell of Ignorance, or so much as to make him & his Norman Ad­venturers mistake & not understand that the Feudall Laws, and those of Norway were the same for the most part with the Laws of the Saxons or their Praedecessors, or their often invading and contending neighbors the Picts and Scots, or the Sax­ons so impoverished and affrighted, as not to be able to de­clare unto him that the Laws of St Edward the Confessor were the same which the Conquerers Compatriots the Nor­wigians were governed by, or might not, so well as they should, have understood their own Laws or the Feudal Laws, which their Northern or German Ancestors had so much affected to be ruled and governed by, more especially when those Laws so Sacred of St Edward the Confessor had by reason of some discords in England layne, as it were, hid and asleep, about Sixty Eight yeares from the Reign of King Edgar untill the Reign of King Edward the Confessor. Which the Con­queror himself had then only as the learned Sr Roger Twisden Sr Roger Twis­don in his Pre­face to Willi­am the Con­queror's Laws. saith, ut melius unicuique administraret Anglicam locutiorem Sa­ [...]egit ediscere, Et in perceptione hujus durior aetas illum compesce­bat endeavoured to learn; which Verdict or Carefull Enquiry, in the poor Conquered Englishman's greatest Concernments in this world, next unto their greatest in the next being pre­sented to him, he Concilio habito precatu Baronum granted their [Page 249] Petition, Thomas Archbishop of Canterbury and Maurice Bishop (of London) Scripserunt propriis manibus omnia ista praedicta per praeceptum praedicti domini Regis Gulielmi, Et ex illo igitur die multa Authoritate veneratae, et per uni­versum regnum Corroboratae, et Observatae sunt prae ceteris patriae legibus leges Edwardi Regis Sancti.

Insomuch as King William the Conqueror, upon a better understanding that those Laws of St Edward were one and L. L. Gulielmi Conquestoris. the same or very near of kindred unto the Norway or Danish Laws, had not only given and distributed amongst his great Officers and Soldiers Seventy Thousand Knights Fees, in lands of a great value to be holden of him his Heirs and Successors in Capite, but in his own Laws afterwards made other Feu­dall Laws as additions thereunto, as de Clientari seu Feudo­rum Jure & Ingenuorum Immunitate Ca. 55. de Clientum seu vassallorum praestationibus Ca. 58. nequis Dominio suo debitas suas praestationes substrahat Ca. 34. de foemina granida quae capitali supplicio damnatur Ca. 35. (which was a Law either before or since brought hither by the Phenitians or Roman Co­lonies, Boemus demo­sibus Genti­um. de relevio eorum qui Clientes pendent, c. 40. And in the decretis made by him, it is mentioned, that cum principibus suis constituit post Conquisitionem Angliae (not Constituerunt) that next unto the Reverence of God and Faith in Christ, he would have inviolably observed and kept pacem & securita­tem, Concordiam, Judicium & Justiciam inter Anglos & Nor­mannos, similiter inter Francigenes & Britones Walliae & Cornubiae, & Pithos & Scotos Albaniae, Similiter Francas & Insulicolas omnium Insularum & provinciarum quae pertinent ad Coronam & dignitatem, & ad defensionem & observationem, & ad honorem Regis infra omnes sibi subjectos per universam Regni Britania firmiter & inviolabiliter, Statuimus etiam ut omnes liberi homines fide & Sacramento affirment quod intra & extra universum Regnum, quod olim vocabatur Regnum Bri­tanniae, Willielmo Regi, Domino suo, fideles esse volunt, Terras et Honores suos omni sidelitate ubique servare cum eo & contra Ini­micos & Alienigenas defendere volumus. Et hoc firmiter pre­cipimus Decreta & le­ges Gulielmi Conquestoris & emendatio­nes. Quas po­suit in An­glia quae olim vocabatur Bri­tannia. & Concedimus, ut omnes liberi homines totius Monar­chiae Regni nostri praedicti habeant & teneant terras suas, & possessiones bene, & in pace, ab omni exactione injusta, & ab omni tallagio, Ita quod nihil ab eis exigatur vel capiatur, nisi ser­vitium suum liberum, quod de Jure nobis facere debent & facere teneantur, & prout Statutum est eis, & illas a nobis datum & Concessum Jure Haereditario in perpetuum per Comune Concilium totius Regni nostri, Statuimus & firmiter praecipimus ut omnes [Page 250] Comites, Barones, & milites, & servientes, & universi liberi homines totius Regni nostri praedicti habeant & teneant se semper bene & in armis & equis, ut decet & oportet, & quod sint semper prompti & parati ad servitium suum integrum nobis ex­plendum et peragendum cum semper opus abfuerit secundum quod nobis debent in feodis & tementis suis sicut illis statuimus per Commune Concilium Regni nostri praedicti, & illis dedimus & Concedimus in feudis Jure haereditario hoc praeceptum non sit vio­latum ullo modo super forisfacturam plenam, statuimus etiam & firmiter praecipimus ut omnes liberi homines totius Regni praedicti (which could not be understood to have been any other then his Norman Commanders and Nobility for the most part if any English) sint fratres conjurati ad Monarchiam nostram, & ad Regnum nostrum pro viribus suis & facult atibus contra omnes pro posse suo defendendum, & viribus servandum, & pacem & dignitatem nostram & Coronae nostrae integrum observandum, & ad Judicium rectum & Justitiam constanter modis omnibus pro posse suo sine dolo & sine dilatione faciendum.

Which being made at London, was without any limitation or restraint as to the number of Days, wherein the Service was to be performed, or how long to be at their own Wages, or their Kings was not at all expressed in that Kings originall Grant, Law or Constitution, for although the Fortune or Fate of a War in those bold magnanimous and hardy Times, wherein they disdained to tarry for the effects of Stratagems, Bribery, and Treacheries then little or not at all, but now altogether or too much practised, but universally and abso­lutely it being as unsafe for a King as his People and Kingdome to undertake to foretell the period of an Intestine Rebellion, the power and malice of a Forreign Enemy or the sad and often Changes and events of War, and to leave a King without the Power of a King and aid of his Subjects, and be a King only for Forty Days, and upon every Occasion or mis­chance of War arising from Forreign Princes or his Sub­jects, either by Sea or Land, be no longer a King then for so short a Time as if the Subjects Loyalty were to be put under such a limitation, and if in that Time he cannot gain the Victory, must run into an hole and hide himself in an hourly expectation of Death, and a worse Destiny then that of the once mighty King Nebuchadonozers being changed into an Ox, and put to grass untill the King of Kings (not his Sub­jects or People) should be pleased to restore him to his former shape and dignity, which could never be understood to be the meaning of our William the Conqueror.

[Page 251] And if praxis be, as it should be, de Jure Gentium accompted to have been optimus legum Interpres, our Tenures in Capite and by Knight service, however our very learned Littleton a Sir Edward Coke in proc­mio of his In­stitutes or Comment up­on Littletons Tenures. Judge of the Court of Common Pleas, who is by Sr Edward Coke his Commentator believed to have written his book of Tenures in or about the 14th Year of King Edward the 4th. and Sr Edward Coke without giving us any Record, Authority or positive Law to warrant or build up their opinion for any such limitation, yet it doth not appear, but needeth some further Confirmation. For the learned Sr Robert Cottons Collection Sr Robert Cot­tons Collecti­ons. M. S. out of the book of Doomesday hath taught us, that Oxoniae Civitas tempore Regis Edwardi Confessoris geldebat, nisi quando Londonium & Eboracum & Wintonia geldebant, & hoc erat dimidia marci argenti ad opus mil quando expeditio ibat per terram aut per mare, serviebat haec Civitas quantum 5. hydae terrae, Barnestaple vero & Lydeford & Totendis servi­ebant quantum ipsa Civitas.

Quando Rex ibat in expiditione Burgenses 20. ibant pro om­nibus aliis, vel 20. libras dabant Regi ut omnes essent liberi.

Omnes mansiones, quae vocantur murales, tempore Regis E. libera erant ab omni expeditione & muri reparatione, propterea vocantur murales & Mansiones quia si quis fuerit, & Rex praeceperit murum reficerit.

Civitas Lodocestria tempore Regis Edwardi reddebat per Annum Regi 30. libras, ad numerum de 20. merae & 15. Sextarios mellis, quando Rex ibat in Exercitu per terram de ipso Burgo, 12. Burgenses ibant cum eo, Si vero per mare in hostem eat mittebant ei 4. equos de eodem Burgo usque Londoui­um ad comportanda Arma vel alia quae opus essent; for that great Conqueror, as Sr Roger Twisden hath rightly and Judiciously observed, had 3 things after that his Conquest in his purpose, Cares and intention, 1. ut prospicetur Regno de necessariis ad bellum, 2. ut Satisfaceret Gallis periculorum suorum & labo­rum Sociis, Ita tamen ne Anglis ea occasione praeberetur Justa offensionis causa qua reddi possent ad insurrectionem, seu rebelli­onem paratiores, 3. ne Coloni utpote sine quibus Agricultura exerceri non poterit. William Rufus and King Henry the First Sr Rog. Twis­den in praefa­tione ad leges Gulielmi Con­questoris & Henrici. 1. fi­lii ejus & Ger­vasuis Tilbu­riensis. his Sons kept and established the same without any lessening or alteration as to the Time or ways, King Stephen Henry the 2. and Richard the First did the like, and King Richard the 1. wanted not an aid and money for his redemp­tion out of his Captivity, so did King John in his generall muster and array of all the Forces of England, sub poena Cul­vertagii, of Shame and Reproch like Deborahs Curse ye Meroz [Page 252] against the feared Invasion of the French King, neither was it al­tered by King He. the 3. who mandavit vice Comitibus Wiggon. Staff. Salox & Warr. quod venire fac. ad ipsum Regem in exercitu suo usque Bery in Wallia desingulis duabus Hydis Terrae Com. Ro. claus. 12. H. 3. m. 2. in dorso. suorum unum Hominem cum una bona securi &c. habentem se­cum victualia pro [...]s. Diebus, Edward the first did not under­stand himself to be manacled as unto Time and Wages, when he told Roger Bigod, Earl of Norfolk, Earl Marshall of England, refusing to go with him to War into Flanders, he Sam. Daniel Hist of Ed­ward the 1. & in ro. clause & pate. E. 1. should go or be hanged, and afterwards seised the great Estates of Bohun Earl of Hereford and Essex Constable of England, and Gilbert Earl of Gloucester and Hertford and made them glad to accept his Pardon, and in the 7th, Year of his Reign the Praelates, Earls, Barons and Commonalty of this Realm 7. E. 1. did in Parliament Declare that they are bound to aid their King at all Seasons (no Time or Manner at all limited) King Ed­ward the 2. left it as he found it, and in hte 3. Year of the Reign of King Edward 3. it was in Parliament de­clared, that uone shall by any Writing bebe bound to come Armed 3. E. 3. to the King, for that every Subject is to be at his Command­ment, that in his busy Reign of gathering Triumphant Law­rells, a Proclamation was made in singulis Com. Angliae quod Ro. Clause. 8. E. 3. m. 17. in dorso. omnes homines habentes literas Regis de pardon felon. &c. causa guerrae Scotiae ad Regem veniant; and our Kings Rich­ard the 2. Henry the 4th, 5th, and 6th, Edward the 4th, and Richard the 3. continued them nothing being ordered to enervate that Constitution or Law of William the Conqueror, it was by an Act of Parliament made in the 11th, Year of the Reign of King Henry the 7th, ordained that none that shall at­tend 11. H. 7. ca. 1. & 19. H. 7. upon the King and do him true Service shall be attainted, or forfeit any thing by attending upon the King in his own Per­son, and to him true and faithfull Allegiance, or in any other place by his Commandment, within the Land or without shall do and Perform, And in the 19th, Year of the said Kings Reign, by an Act of Parliament it was ordained declared & enacted by the advice of the Lords Spirituall and Temporall in Parliament assembled, (no Commons therein mentioned) by Authori­ty of the Same who shall forfeit that doth not attend the King, being in his own Person, in his Wars either within the King­dom or without, or depa [...]t from his said Service without the Kings Licence in Writing, under his sign Manuall, or Signet or Great or Privy Seal or generall Proclamation, there having been no Repeal or limitation afterwards of that espe­ciall Service either in the Reign of that King or of King Henry [Page 253] the 8th, Edward the 6th, Queen Mary, Queen Elizabeth, King James and King Charles the 1. And our Annalls, Hi­storians and Records can appa [...]ently evidence that Queen Elizabeth, in the designed Invasion of England by the King of Spain with a formidable Navy and Army in the Year 1588. did not by any of her Councells, Judges, Delegates or Law­yers, great or small limit in the raising of Forces, either by Land or Sea, the Numbers, Time of Continuance or Wa­ges, and it hath been a part of the Jus Gentium or Law of Na­tions not to contradict, but allow the Seizing of Ships of Merchants and Strangers in the Potts or Havens of a Prince, like to be Assailed and in Danger of War, when every man ought to fight tanquam pro Aris & Focis And that magnani­mous, great and wise Princess could not without that Power inhaerent in her Monarchy have aided with Men and Arms, the great Henry King of France, and the distressed Belgick Provinces; checked the Papall Powers and Plots, and Plan­ted and Supported the Protestant Religion in most of the parts of Christendom, holding by a steddy hand the Ballance there­of, and so well understood her own Rights and the true me­thods of Government, as she blaming some of the House of Commons for flying from their Houses near the Sea Coasts, Aurelius Townsend pro­ceedings in Parliament: in some of the last Years of R [...]ign of Qu. Elizabe [...]h. in the affright of the Spanish Invasion, did Swear by the Al­mighty God, that if she knew whom in particular, she would punish and make them Examples, of being the Deserters of their Prince and Countrey. King James asked no leave of his Subjects in Parliament to Raise and Send Men and Arms into the Palatinate, being his Son in Law's Inheritance, for the Defence thereof under the Command of Sr Horatio Vere, and an Army for the same purpose also under the Command of Count Mansfelt a German Prince, King Charles that blessed Martyr by a Company of accursed Rebells furnished to Sea 3. severall Armies and Navies in aid of the distressed Protestants at Rochell in France, in whose Reign all the Judges of Eng­land subscribed to their Opinions, that the King was to prevent a danger impending upon the Commonwealth, might impose a Case of Ship-Money argued in the Exohe­quer Chamber. Tax for the furnishing out of Ships, and was to be the sole Judge thereof, which had but a little before been inrolled in all the Courts of Justice in Westminster and in the Chancery as the opinion of all the Judges of England, under their hands, which in the leavying but of Ten Shillings being Cavilled at by Mr Hamden a man of 3 or 4000 l. per Annum one of the grand Sedition-Mongers, who as a Member of the House of Commons in Parliament had by an Execrable Rebellion [Page 254] almost Ruined & destroyed England, Scotland and Ireland, to pacify which that Pious Prince being willing to satisfie their scruples, as much as the Laws and Constitutions of the Kingdom as he hoped might Allow, and being a Principall part of the Monarchy, the Arcana's whereof Queen Elizabeth believed not fit to be sacr [...]ficed unto Vulgar and Publick dis­putes, and hammered upon the Anvills of Lawyers arguments, tending unto more what could, then should be sayd, and therefore did in some of her grants or rescripts insert the words as King James afterwards did, de quo disputari nolumus a maxima, which the great Henry the Fourth of France in his Government strictly observed, and which every Sea or Land Captain hath through many Ages and traverses of the world ever experi­mented to be necessary and usefull; Insomuch as licence was given to frame a Case or question thereupon, that never was before done in England through all its Changes of our Monarchs, under the Brittish, Roman, Saxon, Danish, and Nor­man Races, or in all the Empires and Kingdoms of the habi­table World, for amongst the Israelites there was an outward Court for the Common People, there was a Sanctum Sancto­rum, there was no dispute suffer'd, about their Urim and Thum­mim, or the dreadfuly delivered Decalogue, and the Ancilia and vestall fire at Rome were not to be pried into by the Common People, neither would the vast Ottoman Empire suffer the secrets of Mahomets Pidgeon, or the laying the Foundations of their Religion or Alcoran vast Empire to be disputed, or exposed unto vulgar Capacities, that would sooner mistake or abuse then assent unto truth or the most certified reason. In the way unto which our fatality and ever to be lamented sad Consequences that followed the late long Parliament Rebel­lion, Mr Oliver St John and Mr Rober Holborne, two young Lawyers, affecting a Contrariety to the approved sence and Interpretation of our most known and best old Laws, and to Criticise and put doubtfull Interpretations upon the ever to be reverenced and wholsome Laws and Constitutions of the Kingdom, did to that end expend much Time in the search of all the Records of the Kingdom: The first of which laboured to propagate his design of Ruining the Kings Power of taxing Ship Mony, and leavying it in Case of ne­cessity for the defence of his Kingdom and Subjects, but Mr Holbornes better opinion after all could not but leave him an earnest Assertor of the Kings Rights and Power therein, So as of the 12 Judges upon the debates of the Kings learned Councell and the Peoples Lawyer Mr St John and others [Page 255] dispute arguing Pro and Contra, One against the Other, Ten of the Judges giving their Judgements therein against the said Mr Hamden, that that unhappy aforesaid Ten Shil­lings ought to be leavyed upon him, Notwithstanding Justice Hattons and Justice Crokes dissenting opinions, who did afterwards forsake that begun and after long continued paths of Rebellion.

And that good and great man, that prepared the Act of Parliament for the Converting Tenures in Capite into free and Common Socage, that took away the strength of our Israel, and worse then the folly or ill managed love of old Pelias Daughters to make their aged Father young again, whether misled by his friend Oliver St John or overmuch in love of the well poysed temper of his so much admired the Ro­man Pomponius Atticus, needed not to have been so over Severe in the astringent penalties nailed and fastned upon that Act of Parliament and the breaking of that Socage Act, by adding to that much better of the tenures in Capite no less then the affrightfull penalty of that of a Praemunire, when it was not likely to be so great a Stranger to his memory, that the Learned Judges of the Kingdom had at severall times in the Reigns of King James and King Charles the Martyr declared their well weighed opinions, that the Tenures in Capite were so fundamentall a part of our Laws, as no Act of Parliament could be able or have force to repeal, change or take them away. And that in all the Icarian attempts and high Flights of the long called Parliament Rebellion, and even in their Hogen Mogen unparaleld Nineteen Propositions made unto their King, which, if granted, had taken away from him all the Power of a King and a Father, or to govern or defend his Subjects. Untill in that much mistaken Erroneous Act of Par­liament said to have been made in Feb. 1645. by some of the Lords & Commons of that which should not have been called a Parliament when they made War & had like strange Subjects and Advisors beaten away their King, neither had there been any design of abrogating the Tenures in Capite or of that kind in all the Brittish, Roman, Saxon, Danish or Normam times, to annull or dissolve so strong and solid a Foundation as our Feudall Laws, nothing in the Rebellion, Force, and strange unkingly restrictions Articles and agreements put upon King John at Running Mede, no grievance by the Tenures in Capite or by Knight-service certified upon any the Writs sent by King Henry the 3. unto all the Sheriffs of the Counties and Cities of England and Wales to Elect 4 Knights of every County Ro. Clause H. 3. [Page 256] and City to certify to the King and his Baronage their Grie­vances: nothing in the forced Parliament and Oaths upon King Henry the 3. and his Son Prince Edward, in the 42. Year of his Reign, nothing in his direfull procession and wa [...]k­ing with his Parliament of Praelates and Nobility throu [...]h Westminster Hall unto that Abby Church, with burning Ta­pers, Curses and Anathema's against the Infringers of Magna Charta and Charta de Forresta, then and yet holden in Capite, with many of our Liberties Fundamentall and Feudall Laws therein contained, nothing desired or ordered to be taken a­way of them or any of them, no mention of them in the ar­bitration or award made by the King of France betwixt that King and his Rebell Barons, or when Simon Montfort and his Partners kept him in their powerfull Army a Prisoner about a Year or a Quarter, no Complaints or grievances against those Tenures in Capite, in all those multitudes of other supposed grievances, nothing in the Petition of Right, and 30 times confirmation of Magna Charta and Charta de Foresta, as if they could never have enough of them, nor Reformation desi­red in and through all the Clownish Rebellions and Insur­rections in England, in the Times of Wat Tiler, John Ball, Jack Cade, Ket and others.

And therefore whilst these Underminers of our long lived Monarchy, and in that their own happiness, have gratified their fond feavourish fancies in procuring a Dissolution of as many as they could of our Tenures in Capite, for all if any they could not with the Costly expence of 48. Millions sterling in mony, besides an uncomptable and unvalued damage of four hundred thousand Men Women and Children slain or Massacred whole families ruined or for ever Crpled, Hea­ven angry and incensed, Hell gaping, Religion torn in more then one hundred pieces, and all for want of the Care, Provision, and Protection, that the despised Mother Church of England, like the Voice that was heard in Ramah, Rachel mourning for her Children that they were not, our Shames Published in the Streets, of Gath and Askalon, in the Time of its peace, and the Sins of Rebellion and Witchcraft, have as the Egiptian Locusts covered & overspread the face of our heretofore fruitfull Island.

And the Protection and Provision, usually made by our Tenures in Capite for Younger Children as well as the Eld­est affords them no better a care then to leave them when the Mother is after the Fathers Death by some Debaucht, Rooking, or Gamiug Coxcomb, made a fool of and Married [Page 257] again, as very often they will, are like Lambs left as a Prey unto the Wolves or Foxes; the Second Husbands, who, if the Mother have Children by him, will be as too many are well content to help to Fricasse the first husbands Children to make Portions or Estates for the Second, so as if it be Enquired where is now the Court of Wards and Liveries which hath been so pretendedly without any Just Cause at all complained of, they may find every where a Court of Wards and Liveries lamentably governed by the Fathers in Law of England, Wales, and Ireland.

They might do well to make more hast then they have done to repentance & consider how much more then nothing at all the Nation was beholding to those overtures, as much as they could, of the Monarchy & Tenures in Capite, have been to those Commonwealth Erecters have deserved of the People and those whom they pretended to represent in Parliament, when in­stead of bread they have given them Stones, and of Fishes Scorpions, and to shew the profoundness of their wisdom did as wisely as those that attemp [...]ed to drown the Eel, when up­on a great & serious consult they may Easily discover no bet­ter effects or fruit of their overchargeable expences enforced upon the people to their own great and Villanous gain, and the ruin spoil and inestimable damage of our 3, before that, most happy flourishing redoubtable Kingdoms.

When that Act of Parliament, for taking away the Tenures in Capite, doth but as much as it could convert them into Free and Common Socage (without any mention of pro omnibus ser­vitiis) L. L. In. 15. & 16. and the Law made by King Ina, who Reigned here from the year of our Savior 923. untill after some part of the Year 940. which is not specially repealed, by that Act of destroying as much as it was able the Tenures in Capite and by Knight Service did ordain that Scutarorum nullus ex pelle ovina Scutafabricatur, qui secus fecerit 30 solides, mulctator pro singulo quo (que) aratrobinos alat quisque ornatos at (que) instructos Equites, and in a Tenure in Free and Common Socage Fealty is a duty and service inseparable, as Littleton saith and Littleton tit. Fealty. sect. 92. 93. signifieth (although as he putteth the Case, is in the Cere­mony of the doing thereof sometimes different from homage) for when the Tenant doth fealty unto his Lord he shall hold his hand upon a Book and shall Swear that he shall be faith­full and true to his Lord, and shall bear him faith for the Lands which he holdeth of him, and fealty is derived a fidelitate, (Feltman bestowing upon an originall of the like nature a fide) and Escuage draweth unto it homage, and Ho­mage Feltman [...]rac de Feudis. sect. 2. [Page 258] draweth unto it fealty, for fealty is incident to every manner of Service, unless it be in the Tenure of Franck-Al­moigne, and the Tenures in Capite and by Knights Service (some only excepted) being transferred into Free and Common Socage without saying, per fidelitatem tantum pro omnibus ser­vitiis, may, notwithstanding the forebidding or rejection of of Homage and all other Incidents of Tenures in Capite and by Knights Service, render the fealty incident unto free and Common Socage, by our Laws to amount unto as much as that which the framer of that Act of Parliament hoped to ex­tinguish, by Converting, those Tenures in Capite as much as he could into Tenures in pede, which should have been be­leived to have been very fundamental and dangerous to al­ter, when the wisdom of the English and Scottish Commissi­oners authoris'd by an Act of Parliament in the Reign of King James who had a great desire to unite the Kingdoms of England and Scotland in their Laws and Religion, as well as they were in their neighbourhood, and to have them to be in Subjection under one and the same King and Sovereign, were after long and learned Conferences and disputes constrained to forsake that impossible to be atchieved Enterprize, and our great Incendiary Mr John Pym could in the Year 1641. ha­rangue in that unfortunately seditious Parliament that our Laws, which he might or should have known, as to a great Calvin's Case, Cokes 7 Relat. and Lord Chancellor Ellesmeres ar­gument upon the Postnati, Reports and Register of Writs & Ar­chives & Re­cords. part of them, to have been composed and derived unto us from our German and Northern Progenitors, Feudall Laws in­termingled with the Civill and Cannon Laws with some mu­nicipall Laws & Consuetudines non Malos in se as Gavel kind and the Rescripts, Edicta, & mandata principum, Responsa & adjudicata Judicum & prudentum, not dissonant or contra­dicting each other the Laws of God an rules of Right Reason were the Peoples Birth-Right, and our persecuted, untill he was Murthered, blessed Martyr King Charles the First did in the 3. 3 Car. primi. Year of his Reign, when he signed that which they stiled the Peoples Petition of Right, declare unto them that his maxime is that the Peoples Liberties strengthen the Kings Prerogative, and that the Kings Prerogative is to defend the Peoples Liher­ties, and may when all is done, if well and truly weighed in the Ballance of Right reason and understanding, and what hath hapned and may come to pass hereafter, easily discern that in England there never was such a Confusion and over­turning of our Laws and Ancient Monarchick Government, through all the Successions of our Brittish, Saxon, Danish, and Norman Kings, as hath been in England since the begin­ning [Page 259] of that famously infamous Rebellious Parliament and their Undermining of our Laws and Libeties and turn all into an Anarchy that they might gain a power to enrich themselves by the spoil of 3 Kingdoms, and ruining of as many as would not be as Wicked Rebells as they had been.

And that when his Majesty had Released unto them the Fabian Phi­lipps, the mi­staken recom­pence given to the King, for the release of his Tenures in Capite and Knights-Ser­vice and Pour­veyance. P. 49. and 50. arrears of his profits by his Tenures and Court of Wards and Liveries, a Million and a half Sterling, and in his pourvey­ances, Nine Hundred and Fifty Thousand Pounds, It was hugely praejudiciall to the King and beneficiall unto his Sub­jects, too many of whom had Rebelled against his Royall Father, persecuted and Murthered him, Hunted and would have extirped his Royall Posterity, And that it can be no o­therwise accompted to be then a most Barbarously Ingrate­full and unworthy Act of the Nation and People of England, after many Knights fees and Lands freely given and granted by the Kings Royall. Progenitors to their forefather and their Heirs, to be holden by Knight-service and in Capite, of which if the Sixty Thousand Knights fees and more reckoned by some Authors should be no greater a number then ten thousand, and valued but at 20l. per Ann. as they may be conjectured to have been accompted in Anno. 1 Edwardi. 2. they would amount unto 200000l. per Ann. and if each of them have since increased but unto 300l. per Ann, which may be thought to be now the least improvement, might amount in yearly value unto 3 Millions Sterling, (and if that should be multiplyed 60 times more as Ordericus Vitalis rec­konet it, the Yearly value thereof might swell unto one Hun­dred Eighty and 3 Millions Sterling,) besides great quantities of other Lands freely granted in the severall Reigns of his Ma­jesties Royal progenitors, unto others of them & their heirs to be holden of them in Socage, besides 200000l. per An. or a very great Yeerly sums of Mony necessarily expended upon his Mi­litary Guards for the defence of himself & his people against Sedition and Rebellion-mongers more then his Royal Father & progenitors needed to have done if he had kept entire his said eminent and Legall Rights of Tenures in Capite and by Knight Service to endeavour to extinguish the Right use of them, and forget their great and very great obligations to their Prince and Common parent, and Royall progenitors, and take away from our Kings the means whereby they should protect and defend themselves and their Subjects from damage and Injuries forreign and domestique.

And those Tax improvers and Advantage Catchers can [Page 260] (as if that were not sufficient) make it as too many of their Actions and business to cozen and beg all they can from him, and instead of never ceasing to give him thanks for breaking the barrs of an Hell of Arbitrary power and slavery, wherein their Counterfeit Commonwealth's men by their perjuries and Hypocriticall Rebellion had brought them, And their Cheat­ing Man of Sin Oliver Cromwell had by his Instrument of his own making lockt and bolted them fast enough, as he hoped, with a Domine quid retribuam, what shall we render for all his benefits, make it the greatest of their care and Imployment not only to take and keep from him all they can, even at the same time when they had obteyned of him an unparalleld Act of Indempnity and Oblivion, to pardon and forget all their Treasons and offences committed against him, and his blessed Father, which in a small kind of Calculation may not unpro­bably be believed to amount unto Sixteen Millions Sterling in arreres of his own Revenue, and 2 or 3 Hundred Millions Sterling at the least for the forfeitures, which our Laws would have given him with some Mercy and Moderation to boot for so small a Recompence as during his life in the Moyety or one half of the Excise to his Heirs and Successors to be drawn out of the Groans Tears Complaints and sorrows of which the main part of the Common People who never did or are like to hold any Lands of our Kings in Capite or by Knight Service, And should not have forgotten how they promised him to be his Tenants in Corde, and with what a Princely and Fatherly affection he told their Representatives that he was sorry to see so many of his Good People come to see him at Whitehall, and had no Meat to feed or entertain them, yet when he had bereaved himself of that grand and continuall part of the strength and support of his Crown, Power and Dignity, and those entire Rights of his Monarchick Government; which our prudent second Fabius, ever to be praised and remembred, from Generation to Generation, the late George Monke, Duke of Albemarle, for his military wary Conduct thorough almost insuperable Difficulties, without hearkning to the Syren songs of those that pretended to be for a Common wealth or being tempted or deluded to restore his Majesty to a Cripled Mon­narchy, as the men of the Rebellious Rump or no Parliament with their Jugling Covenant, or as many Faces as they should have occasion to impress or stamp upon it, would have per­swaded him to have done, and that great Hero denyd to do, And that ill advised framer of that Unhappy Act of Parliament to cut or take away the Arteries, Nerves, Sinews and Liga­ments [Page 261] of the Crown and head of our body Politick, and in the doing thereof also might have bereaved the Nation of the an­cient and honourable assistance of the House of Peers in Parli­ament, which of Ancient and long time Immemoriall have been, as they should & ought to be, the firm & strong pillars & supports of our Monarchick Government, had not the Earls of Oxford and Strafford Magnanimously as a Prologue to its Restauration come to the House then called the House of Commons in Parliament, wherein that great Monck, that Unus homo nobis qui cunctando restituit rem, was then admitted a member guarded with his own so warily conducted Army out of Scotland, before his Majesties happy Restauration and the way had been prepared for it, and calling him unto the Door of that house, demanded as Peers their Rights and pri­viledges, to have their house of Peers doors opened, which upon his Majesties Blessed Father's murther that so misnamed house of Commons in Parliament had shut up, and Voted to be Useless and Dangerous, which he instantly of himself Ordered to be opened, without any Act, Order or Vote of Parliament, into which they went and sat untill they gained more of their Loyall Party to help to fill their House again, which by Degrees was shortly after (especially after his Ma­jesties Landing and Coming to London) Replenished and Re­stored, as their King and Sovereign was. And the Nation had notwithstanding by that Framer of that aforesaid ever to be deplored Act of Parliament, been deprived of that only part of our Parliament Subordinate unto their King from the begin­ning of our very ancient Monarchy (and as it ought ever to be) till the 49th, Year of K. Henry the 3. when he was a Prisoner unto Simon Montfort and his Army of Rebells and not before: When some Commons were in that Rebellion Elected to be as a part of Parliament and to sit in a Seperate Lower House, ad faciendum & consentiendum iis which the King and Lords should think fit or necessary to Ordain, had it not been rescued and prevented by the Care of the Lord Viscount Stafford and the Barons of Abergavenny and Dudley, awakened by the Book a little before Printed and Published, entituled Tenenda non Tollenda, who caused a Proviso to be inserted in the said Fabian Philips Tenenda non Tollenda. Act of Parliament, that nothing therein contained should be extended or prejudiciall to the Rights and Priviledges and Honours of the Peers in Parliament, or any that held by Grand Serjeanty, &c.

And having by their good will left as few Spears or Swords as they could in our Israel, to help to protect or defend it, [Page 262] could notwithstanding readily find the way to that Ingratefull River Lethe and Sin of unthankfullness, which God and all good men do not only Abhorr, but the most fierce and Sa­vage Beasts of the Field and Fowls of the Air do detest; and could not be fully satisfied untill they could add unto the Kings evil Bargain the taking away of the Royal Pourveyance, which amounted unto no Smaller a damage unto him then Ninety or One Hundred Thousand Pounds per Ann. it being in the 35th, Year of the Reign of Queen Elizabeth, Estimated in the Saving of the houshold expences 25000 l. per Ann. com­munibus Annis, in the 3. Year of the Reign of King James 40000 l. per Ann. And in the Reign of King Charles the Mar­tyr at the most not above 50000 l. per Ann. Communibus Annis. But whether more or less is not to be found in the re­ceipt or Yearly Income of the Moyety of the dayly ceasing pretended Recompence by the Excise arising unto no more then one Hundred and Fifty Thousand Pounds deducting the no little charges in the Collection thereof, and in taking away of that 50 l. per Ann. for the Royall Pourveyance brought upon the King no less a Damage then One Hundred Thousand Pounds per Ann.

And cannot by the most Foolish of the People (Lunaticks out of their Intervalls, Ideots, very small Infants, and Chil­dren only excepted) be with any manner of Colour or Shadow of reason believed to be any thing near a Compensation sing­ly for the Pourveyance, and a great deal less for that inesti­mable Jewell of the Crown the Tenures in Capite and by Knight Service, the later a principall part of the support of the Sovereignty and the former of the Crown.

For that the Power, Might and Majesty that resideth there­in is unvaluable, and not to be Ballanced by any thing that is not as much, the Pourveyance being in the Fourth Year of the Reign of King James held to be such an Inseparable ad­junct of the Crown and Imperiall Dignity, and some few Years after believed by the Incomparable Sr Francis Bacon Lord Chancellor of England to be a necessary support both in Sir Francis Bacon's Ire. to the Duke of Buckingham. Law and Politiques in other Nations as well as our own, hath told us is such a Sacra Sacrorum as Baldus and Individua, as Cynus termeth them, which Jurisconsultorum Communi quo­dam decreto by an uncontroverted opinion of all Lawyers nec cedi nec distrahi nec abalienari a Summo Principe, cannot as Bo­din Baldus in pro­em. feudorum & in consult. 274. lib 3. Cynus in l. si viva matre de bonis matris. saith be granted or released, nor by any manner of way aliened or witholden from the Sovereign Prince nec ulla qui­dem temporis dinternitate praescribi posse, nor by any length of [Page 263] time prescribed against him, and therefore by Besoldus called Imperii & Majestatis Jura & bona Regni conjuncta incorpo­rate Bodin de re­pub. lib. 1. Beseldus dis­sert politis. Juridic. de Juribus Ma­jestatis. ca. 9. seu Coronae unita quae princeps alienare non potest, the Rights and Empire of Majesty and the goods and part of the Crown so Incorporate and annexed unto it as the Prince can­not alien, which, for the Subjects to attempt, would not be much different from an endeavour to restrain a Prince by Law against the Law of God & bonos mores, which by the opini­on of the Learned Bacon the Lord Chief Justice Hobart and Judge Hutton would be Void and of none Effect, for the pre­sents and good will of Inferiors to their Superiors is one of the most ancient and Noble Customs which mankind hath ever practised, and began so with the Beginning and Youth of the world, as we find the Patriarch Jacob sending his Sons to his then unknown Son Joseph, besides the Mony which he gave them to buy Corn, a Present of the best Fruits of the Country, a little Balm, a little Honey, Spices, Mirrh, Nutts, and Almonds.

The Persians in their Kings Progresses did munera offerre, Aelianus Hist. varia [...]. lib. 1. Brissoni­us de Regno Persiae. lib. [...]. neque vilia neque exilia, neque nimis pretiosa nec magnifica, bring them Presents neither Pretious nor Contemptible, from which etiam Agricolae & Opifices, Workmen and Plowmen were not freed in the bringing Wine, Oxen, Fruits, and Chee­ses and the first Fruits of what the Earth brought forth quae non tributa sed doni loco consebantur, which were not ac­compted to be given as tributes but oblations and free Gifts, which made the poor Persian Synetas, when he met with Artaxerxes and his Train in the way of his Progress, rather then fail to offer, hasten to the River and bring as much wa­ter as he could in his hands, and with a Cheerfull Counte­nance, Wishes and Prayers for his health, present it unto him.

Nor was so altogether appropriate to those Eastern Coun­tries where God speaks first unto his people, and the Sun of his righteousness did arise, but was long ago practised in England where the custom was as Gervasius Tilburiensis, (who wrote in the Reign of K. Henry the 2.) informs us that in the Reign of King Henry the 1.) upon all addresses to the King quaedam in rem & quaedam in spem offerre, to present the King with some or other presents, either upon the granting. of any thing, or the hopes that he would do it afterwards, and so usually as there were Oblata, Rolls or Memorialls kept of it in the Reign of King John and some other the succeed­ing Kings and Queens, who seldom escaped the tender of those Gratitudes of Aurum Reginae, Mony or Gold presented [Page 264] unto them as well as unto their Kings, and was a Custom not infrequent in the Saxon Times, as appeareth by our Doomes­day Book the most exact and generall survey of all the King­dom, and so little afterwards neglected as it was paid upon every pardon of life or member, and so carefully collected as it was long after in the Reign of King Henry the 3d by an Inqui­sition taken after the Death of Gilbert de Samford, who was by Inheritance Chamberlain to the Queens of England, found that he had amongst many other Fees and Profits due unto him and his Heirs by reason of his said office Six pence per Diem, allowed for a Clark in the Court of Exchequer to Col­lect and gather that oblation or duty.

For if there were no Damage to a Prince in his Dignity and Sovereignty, as it must needs be of no small concern, it can be of no small Importance in matters of profit and other Necessa­ries appertaining to his Regality and the necessary protection and defence of himself and his people, as hath been truly calcu­lated and made demonstrable.

And when Homage hath been defined by our Learned Lawyers Littleton and Sr Edward Coke to signify no more then Ieo deveigne vostre home, Et mutua debet esse, dominii & ho­magii & fidelitatis Connexio, Ita quod quantum homo Domino ex Homagio tenentis, tantum illi debet Dominus ex Dominio praeter solam reverentiam, and Sr Edward Coke citing a part out of the Red book of the Exchequer saith, omnis homo debet esse sub Domino de vita & memibris suis & terrenio honore, & observatione consilii sui per honestum & utile, comprehended in the words Foyall & Loyall, salva fide deo terrae Principi; and servicium is by him defined in Liege Angliae regulariter quod pro tenemento suo debetur ratione feodi sui, and the manner of doing homage and fealty declared or appointed to be taken in 17 King Edward the 2, was, that he should hold his hands together between the hands of his Lord; our 17. E. 2. Littleton long after writing his book saith, he shall be ungirt, his head uncovered, his Lord shall sit and he shall kneel before him upon both his knees, and hold his hands Joyntly together betwixt the hands of his Lord, and say, I become your man, from this day forward, of life and limbs and earthly worship, Littleton tit. Homage. and shall owe you my faith for the Lands which I hold of you, saving the faith which I owe unto my Lord the King and to mine other Lords.

Et homo & Homagium saith Sr Henry Spelman sunt verba feudaliam & in fundamentis Juris illius, and after the Osculum Spelman glos. tit. homagium. or kiss of the Lord received, ariseth and taketh the Oath of [Page 265] Fidelity to be faithfull and true unto him, and saith Bracton homage becometh to be ex parte Domini protectio, defensio, Bracton lib. 2. cap. 35. num. 8. Warrantia, & ex parte Tenentis reverentia & Subjectio.

And our Littleton defining fealty as it is amongst the Feu­dists a fidelitate, saith, that it is to be true and faithfull to his Lord for the Lands which he holdeth of him, and shall faith­fully do unto him the service which he ought to do.

And Gervasius Tilburiensis cited by Sr Edward Coke might have added to the definition of homage on the King or Lords part something more from the Tenant or Homager then reverence and subjection, and not have omitted the greatest Tie and Obligation which was gratitude, for the Lands at the first given to his Father and Ancestor for that only Service; The Tenant holding his lands & services under a forfeiture but the King or Lord not simili modo but reteyning and holding his propriety & directum dominium without any limitation the utile dominium appertaineth unto the Tenant untill he forfeits and then the Lord may enter upon the utile, and annex it unto his directum and dispose of it as he pleaseth.

And Sr Henry Spelman saith licet non Juratum est in homa­gio sed in fidelitate, Intelligendum est quod fidelitatis praestatio individue sequitur homagium, Et in nostro Jure fidelitas est de Essentia Homagii, nam si quis fidelitatem remiserit cassum facit Spelman gloss. tit. homagium. ipsum Homagium, And in the language of our Old Records Writs and rescripts of our Kings and Princes, Homage and fealty do so often go together, as they may be seem to be adjuncts each unto the other and are in effect as to the Subjection and service but Synonimous and Con­significant, differing only in the Ceremonies, as our Littleton saith, in doing the same which in the direction and stile of our Kings mandates unto one that hath actually done his ho­mage, the Word Fidelis is many times used without any men­tion of Homage, dilecto & fideli suo, as comprehending Homage, fidelitas autem particularis apud Anglos individue comitatur omnes Tenuras, etiam dimissiones ad brevissimum tem­pus Spelman gloss. tit. fidelitas. nunc dierum, & quamvis nunc dierum parcius exigitur relaxari tamen nullo modo potest sine tenurae interitu.

And Homage and Fealty being such inseparable Concomi­tants as not to be separated, Homage in the Capite and Knight Service conjoyning unto it, Fealty which is the reality effect and service thereof, and Homage in those Tenures the only Ceremoniall part thereof, which would be to little purpose without the faith fidelity and service which can subsist and perform its services without it, And was so understood by our [Page 266] Kings and Princes in their Writs of Summons to their Baro­nage to their Parliaments when making no mention of Ho­mage which is often respited, commands them infide qua 1 Jac. ca. 26. & [...]. Claus. H. 3. nobis tenemini to appear and be present.

For howsoever amongst Kings and Princes, those great concerns of them and their Subjects may be allowed to insist upon punctilio's of Honour and very necessary Concernments, which might be consequentiall thereunto, which caused our great and prudent King Edward the First when he did his Ho­mage to the King of France for the Dutchy of Acquitaine carefully to except his ancient right to the Dutchy of Normandy, and the French Kings denying his brave and victorious Grand­child Edward the 3. to do his Homage by proxy made him so Inquisitive into his own better Title unto that Kingdom as the French King paid dear for it, and the English King at Spelman's [...] [...] length the owner of that great and flourishing Kingdom.

When Fealty is conjoyned with the Oaths of Allgeance and Supremacy, the true born only Legitimate Issue and Children of the Feudall Laws, they will be like a 3 fold Cord not at all in Reason or Justice to be broken, And in matters touching Inheritances, Nobility, Titles of Honour, womens Dower of the 3 part of Lands, and Tenements, fees, tenures in Capite and by Knight Service, Rents, Escheats, Fines, Felonies, Forfeitures, tryall by battell, cum multis aliis, &c. our Laws being not only founded upon them but supported and guided by them, It may be wondred it should be so un­known to our Common Lawyers, whom a carefull reading of our Glanvil Bracton Britton and Fleta, and a better acquain­tance with their mother the Civill and Caesarean and Feudall Laws, with a due inspection into the ever to be valued Re­cords of the Kingdom might better instruct then the male­content and ill affected Sr Edward Coke and some other of the later School or Edition of those which are called Common Saviors, as not to believe with great assurance that that which they call so generally the Common Law is for the most part, if not all, the Feudall Law which they are pleased to call the Praerogativa Regis declared and acknowledged in Anno, 17. E. 2. and likewise that of the view of Franck pledge the next Year ensuing, and that it was therefore not unfitly wished by a Late Learned Author supposed to be a post-hume of Sr Henry Spelman, that Some worthy Lawyer would diligently read the Feudall Laws, and shew the severall heads from whence those of our Laws are derived, wherein saith he the Sr Henry Spel­man of the Laws, Terms, &c. Lawyers beyond the Seas are diligent but ours are all for [Page 267] profit, And An Act of Parliament in Anno, 1662. made by King Charles the 2. for the Settlement of the Kingdom of Ireland, wherein notwithstanding that it was in the [...]3th, Year of his Reign ordained that all lands and Tenements in England and Ireland should be holden of him his Heirs and Successors in Free and Common Socage, there is a Proviso and Exception that all lands tenements and Hereditaments (in Ireland) setled or to be setled on the Soldiers who are out of said Act, and not provided for shall be, held of the King his Heirs and Successors by Knight Service in Capite; and it is well known that our unruly Neighbours in Scotland that could never be satisfied with the Fat and plenty of our Land of Gosh­en untill the lean kine had eat up the fat, and they had set our before happy Kingdom on fire with their Hypocriticall, dis­sembling, Illegall, wicked Covenant, did not in all the mis­chiefs and Miseries which they brought upon us and them­selves in those their Rebellious Designs, make it any part of their desires to change their ancient tenures in Capite and by Knight Service into free and Common Socage, which by unhinging the Government would have set all the wild Beasts of the Forrests loose and at Liberty, and made the otherwise unruly and never to be governed numerous vassalls so master­less as to tear in peices their Lords Lairds or Superiors, and turn that Monarchy to do as well as it can amongst a herd of rudeness and Incivilities in their Plads and Blew Capps.

And the Hollandiae, Zelandiae, Frisiae (que) principes terra mari (que) potentes heretofore nullo externo usi milite ex veteri Longobar­dorum Consuitudine sub certa quadam feudalitiae necessitudinis lege hoc est mutuae inter dominicum patrocinum ac Fiduciariam Cornelius Neostadius in tract. de Ori­gine Feudi Hollandici Frisici accor­dat. Origine. Clientelam veluti pactionis nexu beneficiarii instituerentur qui Conceptis verbis interposita Juratae fidei religione pro beneficio accepto patrono suo militarem operam praeberent navarentque ut scilicet quoties usus posceret parati in armis essent id quod Jure Feudalistico proprium Feudatariorium munus atque offi­cium est.

Et cum praediorum defectu in these Provinces which ingenio soli quod natura depressum ac uliginosium were naturally scitua­ted cum incilibus passim fossis lacubusque ac paludibus intercus­sum haud sane faciles aditus ostentat confisa & turbas & Sediti­onum praemia converteret, and therefore to untie those obliga­tions betwixt the Lords and Tenants and enervate those strengths and promptitude to a confidence in their own Power, Charles the 5th Emperour, Edicto perpetuo Anno Do­mini 1518. officia haec militaria vulgo servitia dicta in universum [Page 268] abragavit vassallisque omnibus remisit.

Ea tamen lege ut fundi Clientelares functionibus publicis (quibus hactenus Imunes fuissent) in posterum non secus atque patrimoniales obnoxii existerent, and having so farr inticed them out of their old into a much worse constitution, with Taxes and the Spanish Inquisition managed by the Duke D'Alva in a most tyrannical arbitrary Goverment, so desperated them as after a long time expended in Intercessions without any redress obteyned, and those their discontents heightned and made use of, by the Policies of their neighbours the English and French, who had reason to fear the ambitious encroch­ments and evil designs of the King of Spain to oppress them that were his neighbours; and by the assistance of his late Con­quest of the West Indies with their Gold and Silver Mines endeavouring to make himself to be as it were the Atlas of the World and extend his Dominions to a Fifth Monarchy and a Ne plus ultra; All which concurring and put together with the Conduct and Adventurous successfull care of the then Prince of Orange assisted by the united Seven Provinces, whereof Holland Zealand and West Freisland were the greatest Incou­ragers, of the other, caused that faedus ultrajectinum, which in a long series and continuance of Time of Years making those netherland Belgick Provinces to be a Campus Martius and field of Bloud, hath with an intermission only of 12 Years Truce after that Centnry ended, occasioned greater ruines & effusion of blood then the Wars Joyned all together between Rome and Carthage, and Caesar and Pompey in the Pharsalian Fields.

So long and fatall from the beginning to the ending hath been that unhappy project of the dissolving the Hollandish Zealand and West Freizland ancient Feud [...] Laws by the altering their Tenures in Capite and by military service, which howsoever they had so continued depressed during the heat and fury of that Spanish War been laid aside and intromit­ted saith Neostadius, haec olim celeberrima Feudalis Curiae quam Oraculum Bataviae was wont to be called, the Lords the States of Neostadius in suo Epist. de­dicat. Holland & West-Freisland did by a Publique Decree order that omnia Instrumenta Feudalia publica & Feudalia Scrinia should be searched put & kept in order; And in his Epistle Ded. unto the Estates aforesaid & Judges of the said Feudal Court Dated no longer ago then in the Month of Sept. 1665. from Alemar, saith likewise, that de qua Intromissa saepissime quaerebatur denuo instaurata fuisset adeo ut vos (the Estates) qui hoc tempore ejusdem reminiscentis Feudalis Curiae Senatores sive pares estis negligereaut aliis postponere non posse. And yet they do think [Page 269] Themselves at this day to be as free a people as any in the World with an high and mighty Hoghen Moghen into the bargain.

And the Framers and Voters of that overturning as much as it could of our ancient Monarchy, (many of whom, as House of Commons, Members in that Parliament, were Knights Baronetts, Knights of the Bath and Knights Batche­lors) might have been something more cautious then they were, and taken more care of the fatall Consequences that might and would inevitably happen, yea more then by Chance by an unavoidable necessity, or for the liberties of 10000 manors in England and Wales and a great many of manors & liberties in Ireland which had no other originall or Foundation then Monarchy or the unrebellious Feudall Laws and it and their continuance, for what could they imagine but Confusion and Villany would follow in the order of Baronetts Created by King James in the 9th, Year of his Reign limited at the Seldens tit. honor. first unto the number of 200. now supernumerated unto al­most 1500. to hold by the tenure of maintayning 30. foot-Soldiers at 8d. per diem for 3 Years for the regaining of the Province of Ulster in Ireland, what for any of the Honourable Knights of the Garter that have no priviledge of Peers in Par­liament, what for the Knights of the Bath that are to be made at the Creation of every Prince of Wales being the King of Englands eldest Son, what for such as our Kings have honou­red or shall be pleased to Dignify with the honor of Knight­hood or the Sword or to be an Eques Auratus; what care was taken in that levelling Act in the effect of turning the Tenures in Capite and by Knight Service into free and Com­mon Socage, for the honour and degree of Knighthood or of that more meritorious extraordinary one of Knight Banne­retts: Was it ever intended they should go all to Plow with some ill brewed Ale to wet their Whistles, with their sword and guilt spurrs promiscuously, some with blew or red Gar­ters or ribbons, and the rest without, and could there be no Exception or proviso's inserted in that Act for those Honou­rable degrees, which appertained so only to the Sovereign or a power derived from them, as our Queens Regent, in their Incapacities of wearing or brandishing a sword or personal fighting, are by themselves or others commissionated by them only to grant or give those Priviledges which are not a Few and can have no other derivation or reason for their Com­mencement then a Militando, not as Common Soldiers but ex strenua & continuata militia tantum adipiscatur honor, when [Page 270] by the Imperiall Laws Knights ex Jure concessione principis prescriptione & consue [...]dine, were anciently at the receiving Sr John Fer­nes glory of Generosity sect. 110. 111. 117. 118. 119. of that honourable o [...] to swear not to reveal any thing by solemn Oath or Vow [...] concerneth his Sovereign or his Countrey, never to put on Armour against his Prince, never to forsake his Generall, never to fly the field of his Enemy, &c. had Jus Annulorum as the Equestris Ordo were amongst the Roman Knights used to be honoured with, when at the Battle and overthrow of them at Cannes there were gathered a­mongst Livy. the slain 2 Bushell of Rings, in England and other Northern Kingdoms had jus Imaginum Coate Armorius and besides what Sr Edward Coke cannot deny to be an ancient priviledge due unto Knighthood, as hath been before said to be free ab omni Tallagio, a Knight is not to have his Equitature or Horse distrained and taken in Execution although it be for the Kings Debt, a Knight accused of any Crime (Treason shall not be examined but before his Competent Judge,) against a Knight in warr no prescription runneth, neither shall he be compelled to be Guardian to Children, except they be the Children of Knights, shall not suffer any Ignominious Corporall Punishment, as hanging upon a Gibbet unless first Degraded, nor be set at any ransome but such as he shall be able after to maintain his Degree.

And in time of peace hath been so much valued and estee­med as 3 Knights Associated in the Kings Commission of Oyer and Terminer might hear and determine forcible Entries and outrages in the same Country or Province. A Coroner, for­merly an especiall officer of the Crown, was to be a Knight, a Sheriffs Certificate, and return of the Tallies of the Kings Creditors, and Monies paid as due unto them is to be accom­panied with the hands of 2 Knights; a Sheriff cannot remove a plaint out of an Inferiour into a Superior Court without the testimony of 4 Knights. Knights and no other are to be sent by the Sheriffs to make the View de malo lecti; the Knights of Bracton de Ess [...]cits ca. 10. sect. 1. the shires elected to be members of the House of Commons in Parliament ought to be gladiis cincti, and the Commons have in Parliament Petitioned the King and obteyned a grant that it might not be otherwise, Ou autrement tiel notables Seldens tit. Honor. ca. 5. sect. 831. Esquiers Gentilhomes del nation des mesmes les Counties come soyent ables d'estre Chivalier & noul home destre tiel Chivaler que estoite enles degrees de vadlet (ou Varlet saith Mr Selden) & de south, an Infant holding his Lands in Capite or by Knight Service shall not be in Ward after he is Knighted, a Knight inhabiting in any City or town Corporate shall not be Im­pannelled [Page 271] in a Jury for the Tayal of a Criminall, in a Civil Action for Debt or the like, wherein any of the Nobility are plaintiffs or defendents. 2 Knights are to be Impannelled on the Jury. A Knight shall not be distrained to serve in person for Castle guard, although he do hold Lands by that Tenure. A certain number of Knights are to elect a Jury in a Writ of grand Assize, and none but a Knight should be permitted to wear a Coller of S. S. or Golden or Guilt Spurrs. And the Dignity of Chivaler or Knight, hath been in England so ho­norable, as Earls, besides their Greater Titles, would many times use the Title of Chivaler only, and at other times desire to receive the Honour of Knighthood from the King after they were Earls, and our Kings have sometimes sent their Eldest Sons to be Knighted by other Kings.

And a Villain which Sr Edward Coke stileth a Sokeman or one that holdeth in Socage is not by the Law of Nations and Sir John Fer­nes glory of Generosity. 107. Arms to be made a Knight, unless he can manifest himself to be a Gentleman.

So great a disparagement, inconvenience, and disarming, and disabling the Nation, both in the defence of their King and Themselves and their Posterity and the Honour and Dig­nity of their Kings and Princes with as much Wisdom as if they should make their most Earnest Supplications unto God Almighty the King of Kings to lessen the Sun & make him to be no more then a small Farthing Candle, have the Procurers & Contrivers of that most prejudiciall Act of Parliament, for Metamorphosing the Tenures in Capite and by Knight Service into Free & Common Socage, brought upon us that ever was contrived, against the Imperial Crown & Dignity of our Kings and the safety of their People and Subjects, wherein they have attempted, as much as they could, to Manacle our Monarchy, and Invalidate and make ineffectuall at once that great and unvaluable service, done by the gallant and Generous George Monke, in his Majesties most happy Restauration, with his entire and Just Regalities.

When they should rather admire, and give God thanks for that goodly Fabrick and Structure of our Laws and Liberties, under the best of Monarchies, then seek to eradicate and pull them up Root and Branch, by hearkening to that wicked advice, which Mr Bond, the Master of the Savoy, in the time of their troubles, and some distresses happening to the hopes Bond's Ser­mon to the House of Commons in Parliament. of erecting their Project of a Commonwealth, Founded in the Murther of their Religious King, and the Blood of multi­tudes of their Fellow-Subjects, gave unto his Fellow-Rebells, [Page 272] in a Consolation Sermon preached by him before the then Usurped House of Commons in Parliament, that if they could not prevail, they should imitate Sampsons Revenge upon the Philistians, by pulling down the House upon their Heads, with an Encouragement and Assurance, that, if they should fail or miscarry in that Cause of God, he would have it after his death to be Written upon his Tombe, Here lieth he that was deceived in his God and his Gospel.

The Scutifer Armiger or Esq. which in a right definction, and in its true Etymon and radix is and should be less, and of a lower Degree then Gentleman, as de gente Fabia Cornelia, (although of later Times it hath been otherwise believed and used) and is not Equivalent unto that of a gentleman, who hath many Priviledges, As to bear Arms or Coat Armory, The Clown Varlet or Sokeman shall arise and give him place. A gentleman ought to be preferred unto Offices before any man Ignoble, and in matters of Testimony Magis Credendum Nobilibus quam plurimis aliis, may wear better Apparell as to his body, and use more rich utensils in his House or necessa­ries: his vote vow or opinion is in the Election or Scrutiny of Voices next after the President or Magistrate & primam vocem Sir John Fer­nes glory of Generosity. Edit Nobilis, the ungentle shall not Challenge the Gentle to a Combat, Quia Conditione impares with 28 more Priviledges, which the Civill Caesarean and Feudall Laws have given them.

And those Confusion Mongers might once, if ever they In­tend to repent, ought not only to look back into the days of old, where in all Kingdoms and Nations of Mankind, they may see it was found to be necessary to have severall orders degrees and Classes of people, according to each of their Capacities, had under Kings appointed by God, those that were fit for Magistracy and Councell, Military men and such as were necessary for War by Land or Sea, Plowmen or such as might Sigonius de antiquo Jure Provinciarum manage or Till the Earth, Opifices or Tradesmen, with the plebs or imperita Multitudo, and how much Sin and Villany, great Damage, Ruine and Confusion they have committed or done against their Kings Themselves and their own Posteri­ties in assaying to make an head out of the feet, or turn an head into a foot, or what kind of Reformation could those Contrivers imagine could ever be made out of such a Chaos of their own making, which will inevitably prove to be in the sequel as Impossible as for Circes Inchanted Cup soundly or deeply drank off ever to Unswine those that had been Inchan­ted or Transformed by it, or what Form or Frame of Govern­ment we should have, when the Caesarean and Feudall Laws, [Page 273] and the Ancient rectified and rational Customes of the King­dom shall be Massacred, when (the happily escaping) Baro­nage, Temporall and Spirituall, the Knights, Esquires, Gen­tlemen and Freeholders, the later of whom had no other stile or Title at the best then probos & legales Homines, must be put under or into no better a respect or Condition then to be sent to Plow as Villain or Varlets, and be no more then Socage or Sokeman, of which that of Villainage or Husbandry, hath Littletons te­nures & Cokes Comments thereupon. been both by our Littleton and Coke accompted to have been a part, for Laudes apud Gallo [...] liberi sunt aut serviles, verna­cula Laudes Francks & Laudes serfs, hi rei rusticae ascripti, tributa pendunt & opera servilia, illi ad militiam designati no­biles Spelmans glos. tit. Laudes. habentur & Immunes a tributis.

And all men but meanly acquainted with the beginning, rise, Duration and Continuance of the vast Roman Empire, must Acknowledge that they were at the first but Bubulci & Opiliones, such a Company of Shepheards and Heardsmen, as their neighbours the Sabines scorning to intermarry with them, they were forced to Ravish and steal their Daughters to make Wifes; and that after many Wars, Troubles, seditions and Expulsion of their Kings, and abrogating of former Laws and Customes, they rowled, tumbled over and over, and so disquieted each other, as they were constrained to send to Spar­ta Livy. and Athens, to enquire what Laws and Government they had, which for a while Contenting and keeping them in some order, whilst they were busied in the Building up their Em­pire robbing and Conquering a great part of the World, Al­though with troubles enough the while, in the often change and turmoile of their Magistrates as in their Decemviri, Con­suls, Tribuni Plebis patricii and Commons with the bloody interchange of the Marian and Syllan proscriptious Triumvi­rate &c. untill they arrived at the happiness of perpetuall Dictator and Monarchy, yet in all that time and after the Di­vision of that overgrown Empire mole ruentis sua, into that of the West and East, they never sought to abrogate the Laws of the 12 Tables, the Fontes and Origines of the Civill Laws and those voluminous Comments which have been made upon them by their Jurisconsults & though long after hid­den as for a great part disused and driven almost into Oblivi­on by the Irruption of the Goths and Longobards into the We­stern Empire, and the Establishment of their better-natured and approved Feudall Laws, untill about 500. Years after they had escaped the Edicts of those Northern People to be Selden's notes upon For­tescu [...]. burned and never more used, and being found safe and entire, [Page 274] were in the time of Lotharius the Emperor brought in a grand Procession and Ceremony by Torch-light into Pisa or Flo­rence, and so ever after lived peaceably and quietly in the neighbourhood of the Feudall Laws; So as the One became Assistant unto the Other, cohabited and would never after depart from each other, and even the Late Commonwealth Rebells could not amongst all their new-Fangles and Devices forbear their being much in love with the Tryalls by Juries both in Civill and Criminall Actions, which had both their Use and Foundation from the Civill and Feudall Laws; And Oliver Cromwell could after he had over-reacht and Mastered them, find no better expedient to maintain the Grandeur of his wickedly-gained Protectorship, but to borrow and make use of that part of the Feudall Laws which allowed a subservi­ent Peerage, and therefore Created some of his Major-Gene­ralls, (amongst whom were those grand States-men Hew­son the Cobler, Pride the Drayman, and Kelsy the Bodiesma­ker, &c.) Members of an House of Peers, which he would by another name have called the Other House, as Superior to his House of Commons, or Rebellion-Voters, who having sate and executed as much Power as he could bestow upon them, did, after death had cropt his Ambition, and carried him to his deserved severe accompt, attend with their whole House in grevious melancholly and mourning, his Funerall and Magnificent Charriott of State, to be buried in Westmin­ster-Abby, to lye there untill the Hangman afterwards by a better Authority fetched away his Hipocriticall Carcass to a more proper Place, with their long-mourning Train, Sup­ported by 6 or 8 of his nicknamed Peers.

And after those pullers down, as much as they could, of our Excellent Foundations to build up their Abominable Babell of murdering their King, Destroying, Massacring, Plundering, Sequestring and decimating of his Loyal Subjects & ruining his Royal Posterity, should after his Miraculous Re­stauration think it to be a great piece of service to themselves and the whole Nation, to put under the shame and Ignominy of a tenure unto which our Laws never yet afforded any more then the lowest of Titles, as Rusticks, men holding by the service of the Plough and Villainage, to teach the most Igno­rant and Incapacious part of the People how to Master, equall or abuse their betters, or invite the Hogs and Swine into the Gardens and Beds of Spices, to root up, foul, and trample upon the Lillyes of the Vallies and Roses of Sharon, hoping thereby to frustrate the glorious actions of that great Generall [Page 275] Monke, in the Restoring of the King unto his Just entire regall Rights, and to lay a Foundation hereafter of binding him and our Kings in Chains and our Nobles in Fetters of Iron, and to make an easy way for all the People of other Kingdoms to order and Govern their Kings as they hoped, by transfor­ming their Laws and Regalities into such evil and Ignorant shapes, Interpretations and Constructions as the People, [...] like the Dogs in the Fable of Acteon, might (when they pleased) be the Murderers of their Kings and Princes and of their own Laws and Liberties.

But that Great and Prudent Prince in the time of his tra­vail and abode, after his fathers death in the parts beyond the Seas, and other great Actions done by him before he returned into England, as Fleta a Lawyer of good accompt and not meanly instructed, as well in the Civil as Common Laws, or else Mr Selden would neither have Caused his Manuscript (so long concealed in Libraries and passing from hand to hand, of such as could be made happy by the view thereof) to be Printed and Published with his learned Dissertations or Comment thereupon, saith, that there having been a Congress or Meeting at Montpellier in France upon the 16th, day of November 1275 or some short time after in the year Fleta lib. 3. ca. 6. sect. 3. 1276, about the 4th, year of his Reign between him and many other Christian Kings or their Embassadours, Viz. Michael Paleologus Imperator Orientis, Rodolphus Primus Oc­cidentis, Galliae Philippus Audax, Castellae Leonis Alphonsus, Decimus summus ille Astronomus & Partitarum Author, Scociae Alexander tertius, Daniae Ericus octavus, Poloniae Bodislaus, Hungariae Uladislaus quartus, Aragoniae Jacobus, Boemiae Ottocarus Carolus, Siciliae Hugo Hierosolonicorum & alii Com­plures minoris nominis, qui Regum Christianorum vocamme fruebantur, wherein certain agreements and provisions were severally made touching the resumption, of the Lands and Manors appertaining to their Crowns & Kingdoms, together with their Homage, Rights, & Jurisdictions, wherein, although Mr Selden that great Diver and Searcher into antiquities seem­eth to doubt of the truth thereof, for that Scriptores de hoc Anno non Conveniunt, and at that time Rodolphus Caesar had granted unto Pope Gregory the 10th; Latifundia circumqua­que amplissima quae antea Imperii pars insignis; And saith that Scldeni dis­sertatio ad Fle­tam ca. 10. p. 249. assertion or place in Fleta is locus prodigiosus, the rather for that Azo Item Jurisconsulti illius (aevi) summi vecusti, and our Bracton maketh no mention of it in his Chapter de donatio­nibus, nor Britton in his Compendium Juris, neither is it found [Page 276] in any other Jurisconsults, or in Fortescue who lived long after.

Howsoever, Notwithstanding the great reverence and respect which every man of learning or well-wishers there­unto must or ought to bear unto our great Selden, that Dictator of learning so universally acknowledged not only in Eng­land but in the parts beyond the Seas to be Decus gentis An­glorum, I shall be of necessity constrained in this particular to V [...]ndicate Fleta from what he chargeth upon him concerning the provisions and resolutions made and taken by our King Edward the [...] and [...]e aforesaid Christian Kings and Princes, who, especially Alexander King of Scotland and the Kings of France, Castill, and Leon, near neighbours to England, or his French territories, together with the Emperor of Germany, and the King of Sicily, by whom he had been Sumptuously Feasted in his Return from Jerusalem, might probably not have been Ignorant of his own and his Fathers and Grandfa­thers troubles and Ill usage, by some of his Rebellious Baro­nage and a party of the Ecclesiasticall and Common People depending upon them, or allured unto their Ill usage of their Kings and Princes. but to appeal to his own Vast reading and the Company of his large and Eminently furnished Library, with his Collection and recherches of and into all the Records and Choice Manuscripts in England all the Uuiversities there­of and Forreign parts, the Roman Vatican not excepted, and what could be in that famous Library of Sr Robert Cotton whilst he lived, truly believed to be the Esculapius Librorum.

And it will be undoubtedly certain that there hath never been, since the Writings of the books of Sacred Scripture, any Infallibility or absolute Certainty, that a Gospell of St Thomas hath been assayed to be Imposed upon the Christian World, that St Paul's Epistle to the Hebrews, though by the Church admitted to be canonicall, have met with some Jealousies, who was the Author thereof, the great Care of the Monks, mentioned in the preface of Dr Watts his Edition of Matthew Paris, to have truths [...]n [...]y registred to Posterity, have not freed us from the Discrepancy amongst our Ancient Writers as unto matters of Fact, as well as of opinion, and reasons given thereof, and even in that plain dealing Monk of St Albans matters of Consequence have been omitted, though he was King Henry the 3. his Historiographer, which others have recorded, and some things recited that others have omit­ted, and it will ever be impossible to reconcile the every where apparent differences amongst Ancient Authors as to things done, when non omnia possumus omnes hath been truly said, one [Page 277] man may know all, and others but some part, one thinks it not necessary to record some things, and others the Contrary, and quot Homines tot sententiae, our English Chronicles writ­ten by Hollingshead, Grafton, Fabian, Stow and Sr Richard Baker, have not been Written with one and the same Pen memory or Intelligence. And it is likely that all, or most of them, have not given us the true relation of the Cause or mis­fortune of the firing or burning of the Famous High Steeple of St Pauls Cathedrall in London, and a great part of an Hun­dred Years hath passed, whilst the People have entertained a belief, that the height of that Steeple and Lightning had been the Cause of it, untill a Plummers Boy, grown up to a very old man, did upon his death-bed Confess that it was his own Carelessness that did it by leaving of Fire amongst the Chipps that helped to melt the Lead, whereby the Steeple and Church fell on Fire, and that untill then he durst not reveal it. And our great Selden may suffer the World to believe, that in his most excellent book of mare Clausum, to prove the Dominion of the Brittish Seas to appertain unto our Kings of England he hath Discovered more then ever was known or Written of before by any Author, and of many other his learned Recher­ches in all the parts of the most Severe and hidden learning through the Western and Eastern Languages, opening and Discovering of many of the Rich mines of Knowledge & lear­ning, which untill his Industrious labours had Blessed the World with the Knowledge thereof, had yet probably lain as it were buried and Concealed. And certainly were that Summus ille vir great man of Learning now Living, he would Ingeniously Confess that, that even in his own times our great Physitian the Learned Doctor Harvey hath Discovered and made it to be Confessed and Believed, without any Con­tradiction of the Learned in the Medicinall Art, that the blood in the body of a man doth Circulate unto the Heart, which Gallen, Hypocrates, Avicen, Averroes, or any the Medici, Physitians, and Anatomists Pancirello and his learned Commentator Salmuthius that Travailed so much in the search of the Occultia & nova reperta of the World from the Creation thereof, never met withall or were able to Demonstrate as he hath done, and Mr Selden must of necessity permit it to be likewise believed that our English Annalists, Historians and records will witness, that before the Reign of King Edward the 1. and that grand Parliament, or congress of him and the aforesaid Christian Kings mentioned by Fleta, our Henry the 2. King of England, did not only resume and call back to the [Page 278] Revenues of his Crown divers Manors, Lands and Heredita­ments, which his Royall Predecessors had aliened, but King Edward the 1. Henry the 4th, 6th, and Edward the 4th, did the like.

For Choppinus in his book de antiquo Dominio Regum Fran­cia hath given us the Reason and necessity thereof, and our Choppinus de antiquo Domi­nio [...]egum Francia. Parliament Rolls can evidence that the Commons of England have complained that our Kings have granted away to their Subjects too many of the Liberties belonging to the Crown of England, and it was one of the Articles, Exhibited against the Rebelliously deposed King Richard the 2. that he had aliened certain Manors and Lands of the Crown.

And the Actions and Proceedings of King Edward the 1. after his return into England, and that aforesaid Congress and Meeting of so many Christian Kings and Princes, must of necessity greatly Corroborate and Confirm Fleta's before­mentioned assertion, when the great Actions of that Prince after that he came into England may evidence that he was Diligent and Carefull in the performance of what he under­took and understood rationally to be done in his own King­doms and Provinces, and might well think that many of the aforesaid other Kings and Princes would have done the like, if some other evenements or disturbances, as the long conti­nued Wars in France, and the Aurea Bulla in the Empire of Germany, had not lessened or hindred their resolutions.

So as our excellently learned Mr Selden may give me and others leave to say, That when Fleta recited that Dreadfull Procession, Imposed and put upon King Henry Fleta lib. 1. ca. 42. P. 93. the 3. to walk through Westminster Hall to the Abby Church of Westminster, Cursing and Condemning to Hell the Viola­ters of Magna Charta and Charta de Forresta, and saith it was done in praesentia & assensu Regis Henrici, Archiepisco­porum, Episcoporum, Abbatum, Priotum, Comitum-Baronum, magnatum Regni Angliae, he doth not mention King Johns Charter being read, as Mathew Paris and Samuel Daniel have related, or of the Record before specified of the Kings speciall saving of his Regalities, and it happened well that none of the Predecessors or Progenitors of the House of Commons in the Parliament of 1641. and their Continuators, through all that long and fatall Rebellion, the most Ingrate and greatest In­fringers of Magna Charta and Charta de Forresta, and as great over-turners of Reason, Laws, Religion, and Truth, and the English Nation, and the sense, Construction, and true meaning of the words heretofore used, or misused therein as [Page 279] ever was or hath been in any Nation, Countrey, or Kingdom, or at the Confusion of Languages at the building of the Tow­er of Babell, or amounting to all the Nonsence that hath ever since been spoken by or amongst mankind in an everlasting Spirit of Contradiction to Reason, Truth and the Laws of the Land.

And Fleta, a Contemporary Lawyer, under that valiant and prudent Prince hath likewise recommended to After Ages that res sacras Coronae fuere liber Homo, pa [...], Jurisdictio muri & portae Civitatis quae nullo dari debeant. And that res quidem Fle [...]a lib. 3. ca. 6. sect. 2. & 3. Coronae sunt antiqua maneria Regis, Homagia, libertates & hujusmodi quae non alienentur, tenentur Rex ea revocare, secun­dum provisionem omnium Regum Christianorum apud montem pes­sulam mompellier in Languedock Anno Regni Regis Edwardi, fil. Regis Henrici, quarto; Et si de Escaetis suis perinde de­beant ad valenciam, nec valebit deforciantibus longi temporis praescriptio, diuturnitas enim temporis tantum in hoc Casu magis Injuriam auget quam minuit, cum constare debeat singulis quod hujusmodi libertates de Jure naturali vel gentium ad Coronam tantum pertineaut.

And that great King was so more then ordinarily carefull of the rights and Honor of his Crown and Regall authority, which had been too much depressed and misused by the Re­bellion of Simon Montfort, and some Rebellious Barons, and his fathers Imprisonment, with the Wars and Hardships put Daniels Hist. 184. 191, 192. upon them, & did so well provide against any the like troubles and Convulsions of State, as in his return through France, and abode for some time in Aquitain, where he was Sumptu­ously feasted by the King of France he took an especiall care when he did Homage to him for Aquitain and some other Do­minions he held of him in that Kingdom, to limit it only unto them and except Normandy, where he expended much time in the Setling of his affairs.

But howsoever Summus ille viz our Mr Selden was of opinion that so remarkable a provision and Monarchical Re­solution of our King Edward the first and so many Emperors and Christian Kings and Princes to conserve the rights of their Crowns reported by Fleta, was Prodigious, and taken too much upon trust and an over facile credulity of our Car­ceratus Fleta as he termed him because resumptions of the Sacred Patrimonies aliened had been used here in England long before and not used at or about the same Time by Ro­dulphus primus the Emperor of Germany when he granted to Pope Gregory the 10th, Bononia (in Italy) et latifunda cir­cum [Page 280] quaque amplissima quae ante Imperii Romani pars insignis and permitted to be aliened to the Pope who was not then so easy to be resisted, and that Choppinus and those many great and learned Doctors of the Law that had written and argued so much concerning those kind of alienations and our own Historians had been altogether silent therein yet that Decus Anglorum gentis might in his great recherches of our En­glish Records Laws and Annalls have found that our King Edward might have been believed to have taken such Coun­cel either from his former calamities, in his & his fathers Time, or by a generall Consult with some or all of those Christian Princes or their Legates for that he was no sooner arrived in his own Kingdom and Dominions but he began to busy himself as much as his other great Cares and Variety of troubles would Suffer him to do in the allaying the Unquiet­ness of the Disturbances which Humfrey do Bohun Constable of England, Rigor Bigod, Earl Marshall of England, Gilbert de Clare Earl of Glocester and many other the remains of his fathers more then Cammon Distresses, and in his Wars with Scotland and annexing the Rights and Superiority of it to his Crown of England in the placing & displacing of the Kings and Heirs thereof a Regality Superlative not to be neglected and an effect pertinent enough to that Monarchick Universall consult; when in the fourth year of his Reign an Enquiry was made of all the Manors and Lands, Tenements, Parks, Buildings, Woods, Tenants, Commons, Pastures, Paw­nage, Honey, Herbage, and all other profits of Forrests, Waters, Moors, Marshes, Heaths, Turbury and Wasts, and how much it was worth by the year, Mills, Fishings Common and severall Freeholders and Copyholders, by what Service they did hold their Land by Knight Service or in Socage, and what reliefs what Customary Tenants and by what works or Service they did hold; what rents of Assise what Cotages and Curtilages and what rents they do pay by the Year, what pleas and exquisites of the Counties and of the Forrests and what they were worth by the Year, what Churches of what Yearly value and who was the Patron with the yearly value of Herriotts Fairs Markets Escheats Customes Services fore Time Works and Customs and w [...] t [...]e pleas and perquisites of Courts Fines & all other Casualties were worth by the Year or may fall by any of those things; an Inquisition much resem­bling that of the Norman villains enquest in the Book of Domesday or that which long before preceded it called the Roll of Winchester and in his elaborate recherches of all the [Page 281] Ancient Records Annalls Historians Manuscripts and Memo­rialls of the Brittish Saxon Scotish and English Nations for the clear Evidence and manifestation of his Undoubted Right to Jus Superioritatis oftke Kingdom of Scotland.

And in the same Year what things a Coroner should enquire of purprestures or usurpation upon any of the Kings Lands and Statute Coro­natoris Anno 4. E. [...]. that they should be reseised.

A Statute of the Exchecquer touching the recovery of the Statute de Bigamis eo­dem Anno. Statute of the Exchequer or Ruthland. Westminster 2. 13. E. 1. ca. 16. Kings Debts made in Anno 10. E. 1.

A Cessavit per Biennium to be brought by the Chief Lord with a forfeiture upon him that neglecteth to do his service by the space of 2 Years.

In Anno 17. Fined 10 of 12 of his Judges accused and in­dicted of taking Bribes and very great summs of Mony Statute of quia Emptores terrarum that the Feoffs shall hold his lands Quia Empto­res terr. 18. E. ca. 1. of the Chief Lord and not of the Feoffer.

And afterwards caused the Judges at their return out of their Circuits to rectify in rolls of Parchment all Fines and amercements due unto him and ordered them to receive only Inter record apud recept Socii tempore E. 2. their then small Wages thereout, curbed the Clergy that deni­ed to give him Aids, and forbad them to come to his Parlia­ment which was holden, untill their Submission with a Clero Excluso and granted his Writs contra Impugnatores Jurium Regis, made 2 Statutes of Quo Warranto in 18. E. 1. 18. E. 1. that every man should shew cause how he claimed or held his Liberties.

Ordinatio de libertatibus perquirendis 27. E. 1. 27. E. 1.

Statute of Wards and Reliefs Anno. 28. E. 1. 28. E. 1.

Another Statute of Quo Warranto. Anno. 30. E. 1. 30. E. 1.

Ordinatio Forrestae Anno. 33. E. 1. 33. E. 1.

So that pace tanti viri with all the honor and reverence that can or ought to be given to Mr Selden that Dictator of Universal & Solid Learning it may be said that our Fleta which was by him so well esteemed as to have been published and caused to be printed with his learned dissertations and Comment thereupon might well have escaped his scruples and distrust, when in that great Kings travail from Hierusalem or out of Daniel in the Life of King E. 1. Aba homewards he was royally feasted by the King of Sicily one of the aforesaid Confederate Christian Kings the Pope and divers Princes of Italy.

And when the Pope had afterwards demanded 8 Years arrears of him for an Yearly tribute of 1000. Marks for the Kingdom of England and Ireland enforced from King John did by his letter answer that the Parliament was dissolved before his letter [Page 282] came unto his hands and that sine Praelatis & Proceribus (no Commons therein mentioned) comunicato Concilio san­ctitati suae super praemissis non potuit respondere & Jurejurando 3. E. 1. Ro Claus [...] 9. & Seldens tis. of honor. in Coronatio sua prestita fuit astrictus quod Jurat regni sui ser­vabit illibata nec aliquid quod Diadema tangit regni ejusdem, (no such Oath or Promise being in the Coronation Oath) ut nihil abus (que) illorum requisito Concilio faceret; And that greatly learned man could not but acknowledge that there were afterwards resumptions of Crown-Lands in the Reign of King Henry the 2. the alienation of some of the Crown-Lands severely charged upon King Richard the 2d. Anno. 33. H 6. by an Act of Parliament and in the reign of King Edward the 4th, at the request and upon the Petition of the Ro part 1. mo. E. 4. Commons, and were much more needfull then those that had been before in the Reign of King Henry the 2. made Leoline Prince of Wales to come and do him Homage and Baliel King of Scotland attending in our P [...]rliament to arise from his State placed by the Kings and Stand at the Bar of the House of Peers whilst a cause was pleaded against him.

And it might not be improbable that that League betwixt that King and the aforesaid Christian Princes might be entred not amongst the Common Rolls and records of England but Ro. Vascon. 22. E. 1. of Gascoigne where it was most proper and that some Vestigia of his great Actions might be there found of it as well as that of the 22th Year of his Reign of a Summons of divers English Barons to come to his great Councell or Parliament, in Eng­land; and it could not be unknown to that great man of learning, that as Authors and Writers have learned and Writ one out of another, so have many Wrote that singly and alone which many of the Contemporaries have either not been In­formed of or did not think fit to Mention the dreadfull plagues of Egipt and the most remarkable that ever were in so short a Time inflicted by God upon any Nation of the Earth, since the universall Deluge, destroying all but the Righteous Noah & his Family & the several Kinds of Creatures perserved with him, & the passage of Moses thorough the Red-Sea in his con­duct of the People of Israel into the land of Canaan were not to be thrown out of the belief of Christians & all others Vene­rating the Sacred Scriptures, because Plato or Pythagoras tra­vailing into Egypt in the inquest of learning have given us no particular accompts thereof, and it will ever be as truly said as it hath been, that Bernardus non videt omnia & the ancient in­stitution rites & ceremonies of the most Honourable Garter is not to be suspected because our Law and Statute books have [Page 283] not made such Discoveries, Recherches, or a worthy and most elaborate Record thereof as the learned and Judicious Mr E­lias Ashmole hath lately done, or our Glauviles Book de legi­bus & Consuetudinibus Angliae is not to fall under the question whether he was the Lord Chief Justice of England that Wrote it because there hath not been so much heed taken of him as ought to be by our Common-Law Year-Books or Memorialls of Cases adjudged in our Courts of Justice and later Law Books when the learned Pancirollo in his Book de deperditis Ac etiam de novis repertis and the exquisitely learned Salmu­thius in his Comment or Annotations thereupon, or the learned Pasquier in his Recherches and our ever to be honored Mr Selden in his rescuing from the Injuries of Time those many before hidden truths which he in his history of Tithes Jauus Anglorum Analett Brittanniae Titles of honor de Sy­nedriis Judeorum u [...]or Jus naturae & Gentium Historia Ead mei cum multis aliis, and those very many discoveries of learning and Truth which the world must ever confess ought to be attributed to his walking in unknown paths nullius ante trita pede have very Justly escaped any such suspicions and that long and Eminent Treaty for Peace at Nimiguen for di­vers Years last past managed by most of the Monarchs of Europe and their concerns wherein the care and mediation of our King in the charge of his Plenipotentiaries have not wanted gratefull Testimonialls of the many very much con­cerned Kings and Princes in the putting a stop to the Warrs effusion of Blood and devastation of so great a part of Chri­stendom Recneil de tons les traiter entre les poten­tats de l'Eu­rope a Ni­megne. is not or ought to be placed amongst the non liquets or Doubtings of after Ages because (which by some Incuria or neglect of our Recording of it amongst our Archives, which the more is to be pittied is not much unlikely to happen) it is not to be met with amongst our Records or Historians.

When the so much Deservedly admired speculations and Experiments of the excelently Learned Sr Francis Bacon Lord Verulam in his Philosophy more then Aristotle and many others had made those Discoveries of des Cartes, Depths and Investigations of our Sr Kenelme Digby into the most abstruse parts of Learning and that great addition now every where allowed to be true to that most necessary and usefull Art or Faculty of Physick of the circulation of the Blood in the Bo­dies of men first Discovered and made apparent by our late Learned Doctor Harvey, though the Egiptian Arabian and Grecian Doctors and the greatly Famed Galen and Hypocrates had in all their labors knowledge and Practice not so much [Page 284] as taken notice of it were never the worse but rather much the better that former ages and men in the length of Art and the short Curriculum of their lives often intermitted with Sick­ness and the Cares and Troubles of the World had no sooner communicated it neither ought the Truth and value of our all­ways highly to be esteemed Seldens Labours in the vindica­tion of our Kings Sovereignty in our Brittish Seas suffer any abate because no Englishman before had undertaken it, or of his learned Observations and Comments upon Sr John Fortes­cues Book de laudibus Legum Angliae because he did not men­tion or had Discovered that that over-tossed and turmoiled worthy and learned Chancellor was after the Expulsion of the 3 Henrys 4. 5. 6th, of the House of Lancaster under the later of whom he had Faithfully served from the Inheri­tance of the Crown of England by King Edward the Fourth, with his better Title enforced publickly to beg his Pardon and with much ado and by Writing and delivering unto him a Book contradicting the Title of those former Kings and as­serting that of his own, which appeareth in that Act of Parlia­ment in the 13th Year of that King for the Reversall of his Attainder.

And those disturbers and misuses of our Fundamental Laws might do well to sit down and consider that our uncontrolled every where in England venerable Littleton can certify us, that if a man hold Land of his Lord by Fealty only for all manner of service, it behoveth that he ought to do some service to his Lord, for if the Tenant ought to do no manner of service to his Lord or his Heirs, then by long Continuance of time it would grow out of memory whether the Land were holden Coke Comment [...]up Littleton. 1 part Instit. ca 5. tit. So­cage. of the Lord or his Heirs, and thereupon the Lord may loose his Escheat of the Land or some other Forfeiture, so it is rea­son that the Lord and his Heirs have some service done unto them to prove and testify that the Land is holden of them and that without taking away the Fealty and repealing the Oaths of Allegeance and Supremacy the Duty and Oaths of the Sub­jects remained as they did whilst they held their Land in Capite and by Knight Service.

Which probably as may sadly be lamented could never have hapned if the later men of the Law in England had not by the space of something more then Forty Years, last past, leaped over (as it may be feared they have overmuch done) the suc­cessive learned labours and Books in a long process of Time in the Reign of our Regnant Kings and Princes divers Judges and Sages of our Laws Recording from Time to Time Cases [Page 285] Judgments Decrees and Dicisions maturely and Deliberate­ly adjudged therein: But too much neglected those gui­dings better guides and faithfull Directors the Civill and Feudall Laws, and suffred their Studies and practice to be im­ployed and incouraged in the Factious Se [...]i [...]ious & Rebellious principles of those Times, by following the gross Mistakes of Sr Edward Coke in his Discontent malevolence and Ill will unto the necessary and legall Regalities of the Crown and Ido­lizing, as he did, those grand parcells of forgery and Impo­sture entitled the Mirrour of Justice, and the Modus tenendi Parliamentum, and their neglecting the readings of Glanvile, Bracton and Britton, and other good Authors.

And the Civil Law was the Parent and Mother of many of the maximes and principles of that which is now called our Common Law, And those men of the Law who without Books subsistence or Estates, when they went beyond the Seas, with their Sovereign, and had not there the opportu­nities of the Knowledge or help of the Records of the King­dom that might have been their best Instructers, were for the most part but Young Gentlemen Born and Bred in the times of our Distempered Parliaments, (as those were that Tar­ried here, who walked along with the Rebellion, too much ad­hered unto them) and came Weather-beaten again with his Majesty, had understood as they might have done, the Ori­ginall Foundation and Continuance of our Monarchick Go­vernment.

But King Edward the 1. who had passed over and over­come so many Hardships, Difficulties, Misfortunes, and Storms of State, was so unwilling to be afraid of a part of his Unquiet Baronage, or to Humour the popularity and igno­rance of any of the Common People, or to be in fear of them, or of any their Factious or Seditious Machinations, making what hast his affairs would permit to return into England, where his father having by his Death escaped the restless con­flicts of a long and troublesome Reign, and his Exequies and Ceremonies of buriall performed, Róbertus Kilwarby, Can­tuariensis Walsingham Hist. E. & Sa. Daniel Hist. E. 1. Archiepiscopus, Gilbertus de Claro Comes Gloverinae, (a man that had been in Armes and opposite enough against his father and himself in the former convulsions of State) and John Warren Earl of Surrey (saith Samuel Daniel went up to the High Altar) cum aliis Praelatis ac Regni proceribus Londiniis apud novnm Templum convenerunt Edwardum absen­tem Dominum suum Ligeam recognoverunt paternique Successo­rem honoris ordinaverunt assensu Reginae (non Populi) and [Page 286] before his return into England John Earl Warren and Gilbert de Clare Earl of Gloucester in the Abby Church of Westminster sware unto him Fealty (without asking leave of the People) and proclaimed him King, although they knew not whether he were Living or Dead, caused a new great Seal to be made, and appointed six Commissioners for the Custody of his Trea­sure and Peace, whilst he remained in Palastine, where by an Assassin feigning to Deliver Letters unto him, he received 3 Dangerous Wounds with a poysoned knife (then said and be­lieved Daniel in the Life & Reign of King E. 1. to have been cured by the Love of his Lady, that Para­gon of Wives and Women, who sucked the Poyson out of the Wound, when others refused the adventure) and after 3 Years Travail from the time of his setting forth, many conflicts and Disappointments of his aids and Ends, left Acon well fortified and manned, and returned homewards, in which as he travail­ed, he was Royally feasted by the Pope, and princes of Italy, whence he came towards Burgundy, where he was at the foot of the Alpes met by Divers of the English Nobility, and being Challenged to a Tournament by the Earl of Chalboun, a man of extraordinary Renown, Successfully hazarded his Person to manifest his valour. thence came again into England, with the great advantages of his Wisdom, Courage, and Reputa­tion, assisted by the memory of the fortunate Battle at Eve­sham, and his Actions in the East.

SECT. XVIII.

Of the Methods and Courses which King Edward the 1. held and took in the Reformation and Cure of the Former State Diseases and Distempers.

KIng Edward the 1st, was together with his Queen Crow­ned at Westminster by Robert Archbishop of Canterbury, (Alexander King of Scotland and John Duke of Britanny atten­ding that Solemnity) which being finished he shortly after forced Leoline Prince of Wales (who had taken part with Montfort against his Father King Henry the third) to do him Homage, and after a Revolt imprisoned and beheaded him, did the like to his brother David, and United Wales as a Pro­vince to England, made the Statute of Snowden, considered Plowdens Comment in le case inter Bu [...]kley & Ri­co Thomas. and perused their Laws, allowed some, repealed others col­lected some, and added new, as he well might there do, (for the Prince or King which Governed Wales had always used [Page 287] so to do) and appointed one to give his assent to the Election of Bishops and Abbots.

And when The Pope demanded 8 yeares arreares for the rent or tribute of the Kingdoms of England and Ireland enfor­ced from King John, did by his letter answer that his Parlia­ment was dissolved before it came, and that sine Praelatis et 3. E. 1. Ro Claus m 9. & vide Seldens tit. of honor. Proceribus communicato concilio sanctitati suae super praemissa non potuit respondere, et Jurejurando in coronatione suam praestito fuit obstrictus quod jura Regni sui servabit illibata, nec aliquod quod diadema tangat Regni ejusdem (no such clause or promise be­ing in the Coronation Oath) ut nihil absque illorum requisito concilio faceret.

Sent to Franciscus Accursius Docto: of laws resident at Bo­nonia in Italy, the son of the famous Accursius the Civil lawyer, to come with his wife & family into England & by his writ to the Sheriff of Oxfordshire commanded him to deliver unto the Ro. pa. 4. E. 1. m. 35. & Sel­deni disserta­tio ad Fletam 526. said Doctor Accursius the King's manor house and castle of Oxford (then no mean place) for him and his wife to Inhabit.

Did so imitate the wisdom and providence of the Roman and Caesarean laws, as Augustus Caesar, and other of the Suc­ceeding Emperours had done, as he gave unto men learned in For sterus de juris pruden­tia Rom. the laws (which was more for the peoples good then in their suits and actions at law to court and live under the protection and humours of their popular Patroni's) libertatem respondendi 3. E. 1 ca 29. to give councell and advice to their clients in their concern­ments at law and direct and plead their causes, and was with us in England the originall of our Serjeants at law, and plead­ers mentioned in the Statute made in the 3d year of his Reign with great penalties to be inflicted upon them for any fal­shoods or deceits which should be committed by them, which in the 3d year of the Reign of King Edward the 2d came to be Ro. Claus. 3. E. 2. so much in use and reputation (much more since augmented by the grace and permission of our Kings and Princes into an eminent State and degree) as they are only to be made and constituted by the King's writs, appointed for the people to help them to Justice in their causes or actions either as to Pro­secute for their Rights, or defend them from wrongs, and op­pressions, and intimate, and shew unto Judges what the laws do require to be done according to Justice and equity, and must needs be gratefull to the people who were so thereby freed from maintenance, champerty, and quarrels too frequent­ly haunting the courts of Justice as it was enough for an advo­cate or Lawyer in discharging himself from actions brought a­gainst him for Champerty or maintenance to plead that he is [Page 288] Homo legis and was retained by his Client.

Although the word Narrator or Narratores pleaders have been found to have been used in the later end of the Reign of King Henry the 3. which might either proceed from the Civill or Caesarean Laws whereof the Lawyers of those Times would have been ashamed to have been such profest Enemies as some of ours are pleased to be, because they do not or cannot afford to understand their excellencies or from the use or mis­application of some newly Devised Verba Novata by some rash or inconsiderable Authors or Writers unto some long before by gone and past ages such as Hint Sham, &c. not at all in those Times made use of or understood which have produced great Digladiations and Disputes both amongst Writers and Readers and made many that otherwise would not or should not go to Cuffs in the Dark for little or nothing.

And to satisfy his Subjects in the grand concernments of their Laws, and Liberties, Lives, and Estates, and to cause them to be fully kept, and Executed, sent his Writs to his Justice of Chester, and the Sheriffs of all the Counties of Eng­land in these Words, viz.

Cum propter communem utilitatem & totius Regni nostri meliorationem & populi nostri relevationem de Communi concilio Praelatorum & Magnatum Regni ejusdem (no Knights, or Ro. pat. de An. 3. E. 1. m. 10. de Sta­tutis legend & proclamand in Cum. Cest & alibi. Citizens, and Burgesses for the Commonalty being then pre­sent or believed to have been necessary) quasdam provisiones & quaedam Statuta cum magua diligentia ordinari & postmo­dum sigillo nostro signari fecerimus tam a nobis quam a ministris nostris quibuscunque quam ab ipsis Praelatis & Magnatibus nostris ac tota communitate Regni praedicti (then understood to be included in the advice of the Prelates and Nobility) ad perpetuam memoriam rei gestae inviolabiliter observand vobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes quod provisiones & Statuta illa in pleno Com. Cestr. & in singulis Hundredis ejusdem comitatuus, Civitati­bus, Burgis, Villis, Mercatoriis, & locis aliis ubi expedire videritis legi & publice & solempnitor proclamari & ea in om­nibus & singulis articulis suis & ab omnibus de baelliva vestra futuris temporibus juxta tenorem corundem firmiter & inviolabi­liter observari & provisionibus & Statutis illis sic proclamatis & ea in singmlis locis infra ballivam vestram ubi expediri vide­ritis distinct & aperte conscribi & ea fidelibus nostris locorum illorum sic Scripta sine dilatione liberari vobis ac ballivis & fide­bus nostris habere cum eis indigueritis ostendenda & quatuor vel duobus militibus de fidelioribus & discretioribus militibus Comi­tatus [Page 289] praedicti de assensu totius communitatis trad [...] faciatis (those Knights only and no Citizens or Burgesses trusted there­in) ad Securitatem dictae communitatis Cusiodiend. & it a vos habeatis in hoc mandato nostro exequendo ne nobis seu aliis per vos vel vestros seu vobis per defectum vestrum vel vestrorum imputari possit vel debeat quod ea quae in dictis provisionibus & Statutis continentur vel corum aliquae in balliva vestra minus plene obser­ventur, & hoc vobis & universitati Comitatus praedictitenore presentium significamus, T. R. apud Westm. 28 die Mar. consi­miles literae diriguntur singulisVice comitibus per Angliam, which needed not to have been said there if there had then been an House of Commons in Parliament or any such comprehen­sion or representation of Commons by Commons in Parlia­ment as the Authors of their supposed Sovereignty have fondly imagined.

And at the instance of John de Cobham altering the tenure of some of his Lands in Gavel-kind, did it by his Charter in these Words, ad Regis celsitudinis potestatem pertinet & officium ut partium suarum leges & consuetudines quas justas 4. E 1. ro cart. m 3. parte 17. aut potius parte 3. m. 37. & utiles censuerit, ratas habeat & observari faciat inconcussas, illas autem quae regni robur diminuer potius quam augere & conservare abolere convenit aut saltem in melius commutare.

Directed his Writ to Roger de Seyton and other his Justices Itinerant at the Tower of London in these Words, viz.

Rex dilectis & fidelibus suis Magistro de Seyton & Sociis suis Justiciariis Itinerantibus apud Turrim London, Sal [...]tem. Clause. Anno 4. [...]. 1. m. 15. dorso. Sciatis quod per dominum H. Regem patrem nostrum & nos, ac Consilium, nec non & alios fideles suos qui cum eodem patre nostro convenerant apud Marleberge provisum fuit, quod si coram quibuscumque Justiciariis Itinerantibus appellum vel que­rimonia fieret de roberia & pace fructa vel homicidio aut aliis commissis tempore guerrae nuper suborte versus eos qui fuerunt contra eundem patrem nostrum vel alios, aut dc hujusmodi commissis presentationes fierent sicut ad Capitula Coronae fieri solent, nullus ea occasione amitteret vitam vel membra, aut penam perpetui Carceris incurreret, set alio modo de dampius & amissis vel ablatis & transgressionibus fieret Judicia & castigatio secundum discretionem Justiciariorum dicti patris nostri & insuper diligenter attenderent & observarent ea que continentur in dicto de Kenilleworth.

Et habeant Justiciarii in singulis Itineribus suis transcriptum dicti prefati, Ita quod de his quae per alios Justiciarios ips [...]s patris aostri ad hoc assignatos termina fuissent seu terminari deberent, nichil facerent Justiciarii dicti patris nostri Itinerantes [Page 290] sine speciali mandato suo, si forte sibi idem pater noster ali­quid injungeret & sciendum quod tempus guerrae incepit a quarto die Aprilis Anno. Regni dicti patris nostri 48 quando vexillis explicatis exivit cum exercitu suo ab Oxonia versus Northt. & duravit continue usque Sextum decimum diem Sep­tembris Anno Regni dicti patris nostri xl. nono quando apud Wyntouiam pacem suam post bellum de Evesham in presentia Ba­ronum suorum qui ibidem convenerant firmari fecit & clamari; (no Commons or Knights or Burgesses representing for them) Provisium fuit etiam ne aliquis amittteret vitam vel membra pro Roberiis aut homicidiis aut aliis commissis sub specie guerrae per illos qui contradictum patrem nostrum erant a quarto die Junii Anno Regni ejusdem patris nostri xlvii. quando illi vexillis ex­plicatis primo per terram suam incedentes roberias homicidia & incarceraciones tam personis Ecclesiasticis quam secularibus fece­runt usque ad predictum tempus quo ab Oxonia versus Northt. cum exercitu suo recessit. De aliis autem quae tempore illo sub specie guerrae non fiebant haberetur tempus illus velnd tempus pacis. A tempore autem supradicto quo apud Winton pacem suam firmari fecit & clamari, curreret Lex pro ut tempore pacis curre­re consuevit. Ita tamen quod illi qui fuerint apud Axeholm. sive apud Kenill, vel Insula Elyens. vel apud Cestrefeld vel postmo­dum apud Suwerk observaretur plene pax sua prout eam habere deberent sive per dictum de Kenileworth sive per privilegia sua de pace sua sibi concessa. De illis autem qui cum Com. Gloverniae in ultima turbatione fuerunt, observaretur pax facta inter dictum patrem nostrum & ipsum Com. Ita quod a tempore quo dicto Comes recessit a Wall. versus London. usque ad diem quo recessit a Civitate praedict. non procederent Justic. contra ipsum vel eos qui erant in parte sua. Et hoc de illis tan­tummodo intelligeretur. De depredationibus autem utrobique fa­ctis & tempore praedicto observaretur hoc quod pace inter dictum patrem nostrum & ipsum Comitem facta continetur. Et ideo vo­bis mandamus quod hec omnia in prefato Itinere diligenter obser­vari faciatis. T. R. apud Kickleton. xix. die Marc.

6. E. 1. He commanded the Sheriffs to distrain every man that had 20 l. per Annum, in Land, or a whole Knights Fee of the li [...]e value, and hold of him in Capite & milites esse debent & ad arma militaria within such a Time a nobis suscipiend. which was like a Nursery for military affairs for the continu­ance of those gallant necessaries for publique Defence in and by the obligations of their Tenures, wherein a great part of our Fundamentall Laws, Oaths of Allegeance, Loyalty, and Duties of Subjects do subsist.

[Page 291] And by an Inquisition taken in the same Year at Launce­ston in Cornwall by a Commission out of his Court of Exchec­quer, it was found by a Jury that Dominus ratione Regiae dig­nitatis & Coronae suae habet privilegium quod nullus in Regno suo aliquo qui sit de Regno Angliae alieni homagium sine fidelita­tem facere debeat vel aliquis hujusmodi homagium vel fidelita­tem ab aliquo recepire debeat nisi facta mentione de fidelitate do­mino Regi debita eidem Dominus Regi observanda Episcopus Exon adfuit contrarium &c. Et in contemptu, &c. Et le Eves­que mis a respond.

And like a second Justitian did cause John le Breton one of the Justices of the King's-bench, Or, as others have writ­ten, Dugdales or. ju [...]idic 56. &c. Seldeni noiae in Heng­ham & Breton. Bishop of Hereford, to compile in his name a Book of the Laws and Customs of England, wherein the King dire­ctring the Book to all the People, which were under his pro­tection par la Soufrance de Dieu, saith, for that peace could not be without Laws, he had caused those which had been here­tofore used in his Realm to be put in Writing, which he Willed and Commanded should be Observed in all England 6. E. 1. and Ireland, en toutz pointz Sauve a nous de repealer & de eunoiter, & d' amander a toutz les faitz que nous verron que bon a nous serra par l'assent de nos Countes & de nos Barons & autres de nostre Conceil Sauve les usages a ceux que prescription de temps oul autrement use en taint que leur usages soyent mys discordants a droiture; in which Book and the Droits de Roy there is no mention made of the Britton 1 & ca. 15. & 19. Election and Summoning of Knights of the Shires, Citizens and Burgesses, to Parliament.

By his Edict or Proclamation prohibited the burning of Seacole in London and the Suburbs thereof for avoiding its noysom Smoak; and without any Act of Parliament di­vided Wales into Shires, and ordained Sheriffs there as was used in England; caused some London Bakers not making their bread as they ought, to be drawn upon Hurdles and 3 men for rescuing a prisoner arrested by an Officer to have their right hands cut off by the Wrists.

Fined without advice or assent of Parliament (which might well be so understood to have been so upon the Act Sir Richard Bakers Chro­nicle. Speeds Hist. of Great Bri­tain. of Parliament in Anno 3 of his Reign, ordained that such offenders should be ransomed and Punished at the Kings Will and Pleasure) Sr Ralph Hengham Chief Justice of his Bench 7000 Marks, Sr John Lovetot Chief Justice of the Common Pleas 3000 Marks, Sr William Brompton 6000 Marks, Sr Solomon Rochester (or Roffey) 4000 Marks, Sr [Page 292] Richard Boyland as much, Sr Thomas Sodenton 2000 Marks, Sr William Saham 3000 Marks, Roobert Littlebury Clark Speeds Hist. of England in the Reign of King Edward the 1st. and Spelmans glos. in catalog. Justiciar. Master of the Rolls 1000 Marks, Roger Leicester no less, Henry Bray Escheator and Justice of the Jews 1000 Marks, Sr Adam Stratton Chief Baron of the Exchequer 34000 Marks, and Thomas de Weyland being the greatest delin­quent and of the greatest substance, could not be so easily excused, but was Banished and had all his Goods and Estate Confiscate to the King, only John de Metingham & Elias de Beckingham (two of the itinerant Judges, to their eternall honour, saith Henry Spelman appearing Guiltless and Righte­ous in that severe and Kingly examination and Justice) purged his Courts of Justice and the Officers and clarks thereof from Bribery and extortion, banished the usury of the Jews, hanged 297. of them for abusing the Coyn and Money of the Kingdom, curbed the pretended Independent power of the Clergy, Clipped their Jurisdictions, and upon their re­fusall to pay Tallage towards his Wars, Seized many of their Temporallities, put them out of the protection of his Laws and Justice and caused them to be excluded out of one of his Parliaments untill their Submission, whom he had by wofull experience understood to have had too great an Influence upon some of the unquiet Nobility.

Made himself the Arbitrator and Umpire betwixt the many great Pretenders to the Crown of Scotland, amongst which was Erick King of Norway, and received the ho­mage of the King thereof, and in his Claim to the Supe­riority Walsingham ypodigma Neu­stria 491 492. 493. & 494. strongly Asserted it, when the Pope had by his Letter unto him mediated on the behalf of the King of Scotland, and claimed that Kingdom.

And was so watchfull over his own Rights and what be­longed to his Crown and Dignity, as upon an appeal from John Baliol King of Scotland and his Parliament to the Parlia­ment and Court of the K. of England, unto which when he was Summoned personally to appear before him, & appearing, sate with him in Parliament, was Suffered no longer to sit by him, but untill the Cause came to be heard, when he was cited by an Officer to leave his Seat, and Commanded to stand at the Barr appointed for pleading, which he having no mind to do craved leave to answer by his procurator, but was denied, and as a Feudatory made to arise and descend to the Barr, and de­fend his own Cause before him as his Superiour.

Which by the Ancient feudall, Fundamentall Laws of England without the assistance of any other of our Laws con­cerning [Page 293] Treason, might have excused and Justified our ex­cellently virtuous Queen Elizabeth in her unwilling Tryall, Condemning Beheading and putting to Death Mary Queen of Scotland her Feudatory, not only for Usurping the Arms and Title of the Crown of England, but plotting after her flying for Refuge unto her, and her Kingdom of Scotlands Superior for Resuge, to bereave her of her Kingdom of England and the Dominions thereof, by her intended Marriage of the Duke of Norfolk, for which he was likewise condemned and Executed for Treason.

In the same Year by his Writ commanded to be arrested Susurrones & publicos predicatores contra personam Regis.

In the 7th year of his reign upon occasion of false ru­mours sent his Commissioners into severall Counties of the Kingdom, ad inquirendum qui dicebant Regem inhibuisse ne 7. E. 1. ro. pat. m. 13. quis blada sua meteret, vel prata sua falcaret, & quod omnes tales sine dilatione in prisona custodiantur douec authores suos invenerint & tunc liberent & authores in prisona custodiant donec pro deliberatione corum mandatum habuerint Speciale.

In the 13th, Year of his Reign for a fine of 20 Marks paid by W. gave him a respite de se militem faciendo. Et 1. E. ro. claus. m. 1. a pres il fut amerce per les Justices itinerant parceo q'il ne leur monstre son Charter.

In the 10th Year of his Reign granted authority to Sig­nify 10. E. 1. ro. pat. m. 2. his assent to a future Abbot.

And in the same year impowred Edmond Earl of Cornwall 20. E. 2. ro. pat. m. 4. to admitt in his name the Mayor of Oxon, when the com­monalty of the town should present him, and the like for the Mayor and Sheriffs of London.

In the 12th, Year of his Reign granted to the Citizens of 12. E. 1. ro, Cart. m. 3. London power to make Sheriffs of London and Middlesex.

In the 13th, Year of his Reign directed his Writts to the Sheriffs in the words ensuing, cum de consuetudine regni qui habent 20 libratas terrae vel feodum militis valens 20 libratas 13. E. 1. ro. Claus. m. 9. terrae vel feodum militis valens 20 libratas per annum distrin­gerentur ad arma militaria suscipiendum nos ob servitium &c. in Wallia a communitate regni nostri volumus quod non habentes tantas libratas terrae non distringantur.

Ordained that in Parliament certain Bishops, Lords and Other their Assistants should be named of that Honourable Assembly of Parliament at the very beginning thereof, which for many Ages after hath been duly observed, to be receivers 13. E. 1. and tryers of the Petitions, Complaints, and Desires of his People to be exhibited therin whether properly to be there de­termined [Page 294] or in the Courts of Justice in Westminster-Hall or other inferior Courts.

In the 14th and 16, Years of his Reign made his cousin Edmund Earl of Cornwall custos regni.

Spared not in his Court of Kings-bench Robert the Son of William de Glanvile and Reginald the Clark of the said William for delivering at Norwich a Panell of the Kings Writs, which Mich. 18. E. 1 Norf. ro. 46. the King's Coroner ought to have brought.

Banished his Son Prince Edward from his Court & Presence for 6 Months for giving reproachfull words to a great Officer of his Court or Houshold.

Caused the Prior of the Holy Trinity in London and Bogo de Clare a man of great power and reputation to be arrested at his suit by Peter de Chanet Steward of his houshold, and Wal­ter de Fancourt Marshall of the King for citing Edmond Earle of Cornewall to appear before the Archbishop of Canterbury as he was passing thorough Westminster-Hall to the Parliament whereupon the Prior and Bogo after some pleadings in the said case submitting themselves uuto the King's Grace, Will and Pleasure, were committed to the Tower of London, there to remain during his Will and Pleasure, and being afterwards placit. Parl. 18. E. 1. n. 4. R [...]ley [...] pla­cit Parl. 6. 7. & Pryns au­rum Regin. Bailed the said Bogo paid to the King a Fine of 2000 Marks, and gave security to the Earl for 1000. which by the inter­position of the Bishop of Durham and others of the King's Councell was afterwards remitted unto 100 l. and the Prior was left to the Judgment and process of the Court of Ex­checquer.

In the 20th Year of his Reign praecepit singulis vice Comiti­bus per Angliam & Justic. Cestr. quod proclamari facerent quod ro claus. 20. E. 1 ro. fin. m. 25. & ro. pat ejusdem annt [...]m. 5. & 17. omnes qui habent 40. libratas terrae in feodo & haereditate su­merent militaria arma.

In that and the Year following seized the Lands of those that would not take that Degree, and made speciall respites to some during their lives.

Caused his Justices to certify into the Exchecquer at the re­turn out of their Circuits by particular Rolls under their own Names the Fines and amerciaments set imposed and forfeited upon Actions of trespass, rescous, deceit, attaints non est fa­ctum or salse Pleas, untrue avowries, appeals of Murder, felo­ny, manslaughter, meyheim, Contempts and attachments Cokes 8. report Beechers case in Anno. 6. Jac. & rot. Just [...]itin. tempore E. 1. upon process out of any of his Courts, of Justice, abuse of the Law, Fictitious actions, and vexatious Suits, Non-suits in A­ctions reall and personall, or when but part was found for the Plaintiff or Defendant, which were in those Days as much for [Page 295] the advance and well ordering of Justice as they were for the Kings profit.

who took such a care not to have it neglected, as by his Writ (without an Act of Parliament he prefixt his Justices cer­tain times for the causing the said Monies to be levied, when their own then little Wages or Salaries were to be paid out of inter record apud recept Scrii de tem­pore E. 1. it which made them to be so exact therein as there was no fault deserving a Just Punishment could escape the Eyes and Ears apprensions and Watch of his regulated Justices, insomuch as Offenders were Fined or amerced pro falso clamore or quia non invenerunt pleg. for Deceipts, Sheriffs for not returning of Writs, Jurors for not appearing or pro falsa appretiatione, or giving verdicts before they were sworn, Fined such as threat­ned or abused them, and sometimes the Common People that had occasion to attend his Courts of Justice pro garrulitate or irreverent Behaviour, kept his Courts of Justice within their Centers, and Limits of Jurisdiction, held them to their just and legal forms of Pleadings in verbis Curia, and was severe against any of the Pleaders, Counters or Officers pro Sedu­ctione Curiae as the Language of the Records of those times did import for any Deceits or Collusion misleading or abusing the eyes and ears of his Judges and the Clients, as well as the faithless Officers and Ministers of his Courts of Justice, or in the Circuits of the Judges itinerant, and therein was some­thing less severe then the Law and Usages were in the Reign of his Great Grandfathe Henry 2. when William Fillius Nigel­li prali [...]a in iti­nere apud Glou. temp [...] H. 2. ro. I. 242. a judge itinerant being in misericordia of the King pro defalt qui postea venit & cognovit quod emendavit rotulos Sine Sociis suis, & ideo in miser.

Did not leave the grand Jurors so much Arbitrary Power, as too many now please themselves to mind more where to have good Meat and Wine untill some seldom Indictments more for Malice then Love of Justice or a care of their Oaths be brought unto them, but ordained their Charges not to be given in fine orations or speeches, as soon gone out of their Memory as come in, but to put in Writing in distinct articles of enquiry, whereunto they were upon Oath to answer nega­tively or affirmatively, whereby the offences against the Laws Conspiracies, Treasons, Dangers, and Disturbances, of the Nation were in the Embrio's stisled, and as soon Discovered as hatched.

But the troubles and injuries forced upon the Crown, his Father, and Himself by the wicked attempts of Simon Mont­fort, and his Rebellious partners putting him in mind to make [Page 296] his business to give a stop to growing mischiefs and prevent as much as was possible any thing of the like nature for the future, did find it necessary for the good of himself and the Kingdom, as the judicious Sr Henry Spelman hath recorded it, Spelmans glos. in diatri [...]a de Justi. Anglia 334. to lessen those high powers, authorities and priviledges, which the Chief Justices of England had before that time exercised and claimed as appurtenances to that great Office, as it were to be Vicarias Regis, Pro Rex, & locum tenens Regis, Custos regnii & regni Guardianus in absentiae Regis, tanto etiam prae aliis omnibus emicuit Justiciariis ut eisdem suo brevi more regio, imperaret, & restraine ejus phtestatem cancellis circumscriptis arctioribus adeo ut se sejunctum a rerum fastigio & priscae am­plitudinis forensi solummodo negotio & judiciis exercendis eum abdicavit, did by his Writ constitute the said Chief Justice, and all that were to succeed him in that Office and place un­der the form and declaration only concerning the affairs and business, wherein he was to Officiate and be imployed in his Court of King's-bench rs by his Writ appeareth in these Words;

Quia volumus quod sitis Capitalis Justiciarius noster ad placita coram nobis tenenda, vobis mandamus quod Officio illo intendatis, Tmeipso apud Westm, &c.

And in all probability praeteritorum memor,

By sad misfortunes warn'd learnt to beware
How dang'rous innovations ever are.

Well considering that if that contrived Writ of Elections gained by a rebellious force and imprisonment from his fa­ther almost 30 Years before, could have created in or to the Knights, Citizens, or Burgesses to be elected or brought into our King's greatest councels of the highest and most impor­tant concernments of the weal publick of the Nation.

Any such Rights or Priviledge, as some of their Succes­sors or Factious flatterers have since arrogated, yet so long a Discontinuance of a Priviledge not at all executed or vested in them after a forfeiture incurred by the Cities of London, Bri­stoll, Gloucester, and the most of the Counties, Cities, or Boroughs, which had taken Arms against their King instead of their aid and assistance not very fully pardoned by any the Compositions or agreement made by King Henry the 3d, his Father by the dictum de Kenilworth after his Victory gained of them at the Battle of Evesham.

And that notwithstanding he might have taken in again his own just Rights and debarred them f [...]om an after Invading or disturbing of him therein, and that neither his Fathe [...]s Char­ters [Page 297] nor his own Confirmation of all the Peoples Liberties and priviledges either in Words expressed in his Father's Magna Charta or Charta de Forestae, or any way to be implyed with­in the verge or meaning thereof, could bind him to Continue such a kind of Election of a separate part, of the Vulgar or Common People, as Simon Montfort, and his Rebellious Complices had Traiterously devised, and that such an attack of the Regall Government by the hoped for advantages of some, or intermedling ambition of others in matters wherein they had little or no understanding, or whereby they sought only to accomplish their own evil Designs, making them ever afterwards more industrious then they should be to associate the creeping Ivy with the Royall Oke, which by its clipping Kindness and drawing to it self its Sap and nourishment, might at length Canker, enervate and destroy it.

Yet willing to show them that he would as little as he could, recede from what had been granted as privileges and Liberties to his Subjects, and probably to pacify their then too much accustomed fears and jealousies, and allure them into a course of obedience to those Laws & provisions which should be made by the Privity and approbation of a Select number of the more wise and discreet part of his Common People, and give them experience of an Adage or worthy saying of his own in many or some of his rescripts, quod omnes tangit ab omnibus approbari debet in some speciall cases, but not either by the laws of God, Nature, or Nations, or our laws always adjudged to be Requisite or necessary.

And at the same time to lessen, as Mr Prynne, Sr William Dugdale, and other weighty Authors have well observed, the Strength and power of a part of his ungovernable Baronage by counter-ballancing in some sort their over-great power in his great councells or Parliaments, by Requiring and making use therein of the service of the Knight Citizens and Burgesses Pryn in his Preface to the abridgement of the records in the Tower of London. Dugdales Ba­ronage. fairly to be elected according to the intention of his writs, and Royall mandates, and acting according to the commissions or procurations which their Counties, Cities, or Boroughs should lawfully give or trust them withall.

But so little approved of Popular elections and that which had been imposed upon his Father, as he was unwilling to ad­venture upon any thing like it untill he had rectified many things, which he b [...]ieved had been much of the causes of the Distempers in the Body Politick, and was to be warily done by a care and retrogradation, as much as might be, before he would condescend to please the People; which Some of them, [Page 298] or those that would make use of them began to be too fond of, and therefore could hardly bring himself to please them in that kind especially when he could perceive the Nobility Disliking and averse unto it.

Howsoever with some Confidence believing it to be be­yond any fear or Imagination that any Danger to the English Monarchy and Government so Anciently, rationally and well founded according to the Laws of God, Nature and Nations, Laws of the Land, and reasonable Customes thereof could happen thereunto by the election of a part of the People Su­bordinate to the Nobility and Baronage as well Spirituall as Temporall adstricti legibus, and obliged by their Tenures in Capite Homage and Fealty in the strongest manner that the Wisdom and Care of Mankind could devise, as bonds ne­ver to be shaken off and a tye upon their Estates, Bodies and Souls by their Oaths of Allegiance, Tenures, and Forfeiture of their Lands to be true and faithfull to their King and those which they held of, or that they or any of their Posterities could be so ingratefull for benefits received from the Crown and his Progenitors from Generation to Generation as to be so unmindfull of their often repeated Homages and Oaths of Allegeance as when they were Summoned only to perform and obey what the King and his Lords Spirituall and Tem­porall in his greatest Councell should adjudge meet to be done for the Publique Good, and to stand as Petitioners in the out­ward Courts, should by Insinuations from some priviledges and the Power granted unto them and others for that purpose and only end of contributing necessary aids for their Kings for the defence of themselves and their Defenders, by gradations and the over indulgence of their Kings and Princes and the advan­tages of catcht opportunities creep into the Arcana Imperii and snatching the thunderbolts and authority of the Sovereign out of his hands make themselves too busy with the supream pow­er themselves that should be governed, to be the unruly and unreasonable Governors of their King and Gods Vice-Gerent.

Who might have thought himself and his Successors to have been in some condition of Safety when the Summons to Parliament were to be only by his Writs and Authority and the Sheriffs who were not the Parliaments Officers but the Kings, and by the Law Sworn unto him not unto both or either of the Houses in Parliament and strictly bound to observe and Execute his Writs and Mandates, made himself content to allow some things of that way or course which [Page 299] had been before unduly and Illegally contrived, and there­fore did as it appeareth alter and change it into a more legall and just way with different methods enough as he thought to make them and after Ages understand, that it was his only right to do it; and that they were to be no more then consen­ters obedient, and ready to do and perform what the Lords Spiritual and Temporal should in Parliament advise, wherein he was to be the sole Director, Ratifier, and Ordainer, and to be at his Disposing in the Summoning and Calling them together, as to Time, Place, Continuance, Proroguing, Adjourning, or Dissolving any such or the like Assemblies, and that he in all things to be done therein was as their So­vereign to have his Granting, Directive, and Negative Voice, and in the sending out of his Writs of Summons for any Great Councells or Parliaments to vary in the circumstances orders or limitations or additions, as his occasions for the Weal publick should require, with such other variations as might signify his care to prevent future Evils or impending Dangers, and reserve to him and his successors the long ago just rights of the best tempered Monarchy in the Universe.

And for the better method and order to be used in his House of Lords and Peers, whom he had Summoned and made use of in his great Councels and Parliaments, untill that time, with­out the Commons or any Procurators on their behalf in the making of divers Laws and Statutes of very great Concern­ment to them and the Weale Publick.

And to make the Councells and Assistance of the Wiser and better part of his People more Effectuall, and in a better or­der then that which the rebellious part of his and his Fathers ill-affected Baronage had neither well provided for themselves or them, did whilst he was content to admit into the fitting and necessary Secrets and intimacy of his great Coun­cells a select part of them to be duly chosen by his Writts and commands as to Time, Occasion, and Place, resolve to give after ages to understand that he did notwithstanding reserve to himself as his Royal Progenitors had Anciently done, when they only Summoned the Prelates and Peers to their Great Councells his and their most undoubted rights and power of Summoning, Proroguing, Adjourning, or Dissolving those Assemblies, and the sole and only affirmative or negative voice in the making of Laws, as being the only breath, Life, and being thereof.

Did at his being in Goscoigne in the Twenty Second year of his Reign send his Writs of Summons to Summon divers Ro. vascon. 22. E. 1. [Page 300] great Lords as well French as English being in number Sixty one, amongst whom were Roger de Moubray, William Trussel, Symon Basset, Theobald de Verdon, &c. habere colloquium & tractatum with him (in England) ubicunque fuerit, in a much Differing form then those of Henry the 3 his as aforesaid Imprisoned Father.

And Directed his Writ to the Sheriff of Northumberland in these Words, viz. Rex &c. Vice Comiti Northumbriae Salu­tem tibi praecipimus quod de Comitatu praedicto duos milites & de qualibet Civitatem ejusdem Comitatus duos Cives & de quolibet Burgo duo Burgenses de discretioribus & ad laborandum poten­tioribus sine dilatione eligi & eos ad nos ubicunque in Regno nostro fuerimus venire facias, it a quod dicti milites plenam & suffi­cientem potestatem pro se & communitate Comitat praedicti & du­os Cives & Burgenses pro se & communitate civitatum & Bur­gorum praedict. divisum ab ipsis tunc ibidem habeant ad consu­lendum & consentiendum pro se & communitate illa his quae Comites, Barones, & proceres de Regno nostro ordinabunt, &c. T. Rege octavo die Octobris, alltogether Different from the Writs made out and enforced from his Father King Henry the 3. During his Imprisonment in Anno 49 of his Reign. Consi­milia brevia diriguntur singulis aliis Vicecomitibus Angliae, And in the same Year and the next Day after, sent another Ro. Claus. 22. E. 1. [...]. 6. in dorso. Writ to the same Sheriff in these words.

Cum nuper tibi praeceperimus quod duos milites de discretiori­bus ad & laborandum tunc potentioribus ejusdem Comitatus de consensu ejusdem eligi & eos ad nos usque Westmonasterium in crastino Sancti Martini proximo futuro cum plena potestate pro se & tota Communitate ejusdem Comitatus venire faicas ad consu­lendum & consentiendum pro Communitate illa his quae Comites, Barones, & Proceres de Regno Nostro in dicto crastino ordina­bunt (the King being then in Gascoigny and not intending to be there present) tibi praecipimus firmiter injungentes quod praeter illos duos milites eligi facias alios duos milites legales, & ad la­bor andum potentes, & eos una cum dictis duobus militibus usque Westmonasterium venire facias it a quod dicto crastino sint ibidem ad audiendum & faciendum quod eis tunc ibidem plenius injunge­mus & hoc nullo modo omittatis, & haheas ibi hoc breve teste meipso apud Westm. nono die Octobris, and caused more Knights of the Shires at that Time to be Elected, then he had done be­fore or after, Eodem modo mandatum est singulis Vicecomitibus Angliae.

And to that end did afterwards without any Deviation from what might justly appertain unto himself in the well Claus. 23. E. 1. m. 9. in [Page 231] ordering and government of his councells and Subjects in the most legall manner, send his writ of Summons to Gilbert de Thornton (chief Justice of his Court of Kings bench) in these words. viz.

Quia super quibusdam arduis negotiis nos et Regnum nostrum & vos caeterosque de concilio nostro tangentibus quae sine ve­stra praesentia nolumus expedire vobis mandamus in fide & dile­ctione quibus nobis tenemini fir miter injungentes quatenus sitis ad nos apud Westm. primo die mensis Augusti proximo futuro vel saltem infra tertium diem subsequentem ad ultimum tractatur; & vestrum concilium impensur. & hoc nullo modo omittatis teste meipso apud Album Monasterium 23. die Junii Anno regni nostri 23.

Eodem modo mandatum est Justiciariis de utroque banco & de Itinere & Justic. assignatis Decanis juratis de Concilio, Baro­num de Scaccario & aliis Clericis de concilio quorum nomina annotantur.

And the inferior Secular Clergy not being at all called with other of the Commons by that unauthorized Writ of Si­mon de Montfort in the 49th Year of the Reign of his then im­prisoned Father King Henry the 3d, did hold it to be as a­greeable Claus. 23. E. 1. m. 2. in dorso. to Reason and his good Intentions for the One as the Other, to make out his Writ of Summons in These Words, Viz.

Venerabili in Christo Patri eadem gratia Cantuarensi Archi­episcopo totius Angliae Primati salutem, licet nuper mandave­rimus quod die Dominico proxime post festum St. Martini quod jam instat apud Westm. personaliter interessetis & quod prae­moneretis Priorem & Capitulum Ecclesiae vestrae Archidiaco­num & totum Clerum vestrae diocesis faceretisque quod iidem Prior & Archidiaconus in propriis suis personis & dictum Capitulum per unum, idemque Clerus per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis Capitulo & Clero habentes una cum vobiscum interessent modis omnibus tunc ibidem ad tractandum, ordinandum, & faciendum nobis­cum & cum caeteris praelatis & Proceribus & aliis incolis regni nostri qualiter periculis, quae eidem regno nostro, hiis diebus im­minere videntur, poterit obviari quia tamen pro navigio nostro congregando & parando quod ad dicti regni defensionem, & hostium nostrorum impugnationem, annuente Domino, speramus maxime profecturum: quodque per omnibus utile, credimus festinari in partibus de Wynchelse, moram tam diu facere nos oportebit, quod dictis die & loco Commode non poterimus inte­resse; vohis mandamus in fide & dilectione, quibus nobis te­nemini, [Page 232] firmiter injungentes, quod die Dominica, proxima ante festum beati Andreae Apostoli proxime futurum; ad quem diem dictum negotium ex causa predicta duximus prorogandum, apund Westm. personaliter intersitis, praemunientes praedictos Priorem, & Capitulum, Archidiaconum, & Clerum facien­tesque quod tunc ibidem intersint, ad tractandum, ordinandum, & faciendum super praemissis, prout in priori mandato nostro, vobis inde directo, plenius continetur. Prorogationem autem hujusmodi de dioces. Vestra, quorum interest celeriter nunci­etis. Teste Rege apud Odymere 11 die Novembris. Consimiles literae de verbo ad verbum diriguntur Episcopo Eli. Episcopo Norwic. Episcopo Winton. &c.

But in that ballancing way of his great nobility by the vul­gus or common people fastened so ill an example in process of time upon his Crown and successors as some of them have sad­ly since experimented it, as in the event it hath too much re­semblance with what that excellent Queen Elizabeth did by supporting that ingratefull Republick of the united provinces, when she was forced to do it to preserve her self and the Prote­stant Religion as well at home as abroad against the Spanish tyranny and encroachments.

When he was not able at that time to foresee that the num­ber of freeholders would be as they were afterwards almost 300 in 5 encreased, and that such great quantities of Abby, Priory, Nunnery, and Chantry lands and other profits and possessions given and dedicated to Religious uses, which in the Reign of King Henry the 8th may be justly estimated to be a 3d part of the lands and revenues of the Kingdom should (much of it) fall to the share of the common people, and make them more surly and haughty then they were, and ought to be, or that in the granting of those lands from the Crown (from which much of it originally came) a great part of the tenures in Capite, and by Knights service should in those times be turned into free and Common Soccage; or by the manumising or making free Multitudes of Copyholders) which in former ages may be accompted to have been another third part (if not more) of the lands of the Kingdom.

Or that the Offices of Sheriffs, which in his and the former Reigns of our Kings were commonly lodged and intrusted in the hands of the Nobility and great men of the Kingdom, would so much be altered as to be most commonly placed in the lower rancks of the People, whereby the ignorant vul­gar, Seditious, or Factious, and most numerous part of them should be suffered to take upon them to make their [Page 233] own indiscreet or purchased Elections, when the Writs only comm [...]nded and intended that the Sheriffs who were solely [...] thereunto, should without any Bribery, Partiality, [...] Corruption, make and Govern the Election, and to be the Judges of the Fitness or Unfitness of the persons to be Elected to give their Assent in Parliament unto what should be there Ordained by their King, by the Councel and Advice of the Lords Spiritual and Temporal. Or that any of his Successors would for an Excise upon Ale, Beer, Coffee, and Syder for want of a regall revenue, which in many ages past had been by Princely indulgencies and necessities of encou­raging and rewarding merit and Service for the good of the publick greatly and too much wasted and exhausted, ever have been perswaded to have released so much as was done of the Tenures in Capite by a factious part of the people, (who de­signed to undermine the Monarchical Estate of the Government.

Or by some of the more Loyall advisers who either by ig­norance or otherwise did not well understand Monarchy and the Government; Or the sad and ever to be lamented Consequences and Effects that have already followed, and will hereafter fatally ensue the change of the Tenure in Ca­pite and by Knight Service, to release and turn those Nerves and Sinews of the Government, ligaments and ties of the Crown, the Chariots and Horsmen of our Israels Glory, Strength, and support of it, and the Loadstone of the Sub­jects obedience, into free and common Soccage.

Wherein much more heed was to have been taken then formerly, for that the Militia and the Sovereignty and Power of our Kings, much whereof were lodged and incorporated therein, were founded and built upon the Tenures in Capite, and by Knights Service, the Basis, Foundation, Life, Blood, Animall Spirits, Soul, Essence, and support thereof, and had not long before been by an Horrid and Hypocritical Re­bellion wrested out of the hands of the late blessed Martyr King Charles the 1st. by abuse and misconstruction of the Laws, false arguments, and the fear and flagging of some of his most Eminent Justices and Lawyers who were too little acquainted with the Feudall Laws, and Laws of Na­tions, the Records, Annalls, and Histories of the Kingdom and the Monarchicall Government thereof. Which too much encouraged and assisted the Rebellion against him, to­gether with the murder and destruction of him and many Thousands of his Loyall and more Dutifull Subjects that fought for him.

[Page 334] Notwithstanding all which the aforesaid cares & condescen­sions of that prudent Prince King Edward the 1. hoping for the best and not suspecting the worst, In the 25th Year of his Reign requiring Bohun Earl of Hereford and Constable of England and other the Barons to go with him to the Wars in Gascoigny, and Bygod Earl Marshall of England, likewise refusing, unless the King himself would go in Per­son, the King swears ye shall go or Hang, and the Earl an­swered he would neither go nor Hang, and so without leave departed, the King notwithstanding proceeded in his Voyage to Flanders, the two Earls of Hereford and Norfolk, assemble many Noblemen and other their friends to the number of 30 Bannerets, so as they were 1500 men at Arms and stood upon their Guard, and the King being ready to take Ship, the Archbishops, Bishops, Earls, Barons, and Commons sent him a Roll of the Grievances of his Subjects, Sam. Daniel in the Life of King E. 1. in Taxes, Subsidies, and other imposicions, with his seeking to force their services by unlawfull courses; to which the King answered, that he could not alter any thing without the advice of his Councell, who were not now about him, and therefore required them, that seeing they would not attend him in his journy, (which they absolutely refused to do though he went in person, unless it were into France and Scotland) that they would yet do nothing in his absence prejudiciall to the Crown, promising at his return to set all things in good order; but being afterwards enforced to send for more Sup­plies of Mony, ordained a Parliament to be held at York, and to the End he might not be disappointed of aid, condesended to all such Articles, as were demanded concerning the great Charter, promising from thenceforth never to charge his Subjects otherwise then by their consent in Parliament.

Seized the moneys in the Popes Bankers hands to relieve his and the publick necessities, gave protections from arrest and troubles in their Estates to them that should have paid it otherwise, and notwithstanding the Popes Anger and Threats not in those days easily to be adventured upon, did not pay and refund it within 2 or 3 Years after; Seized also and took at his own price the Wools which the Merchants then had in the Ports ready to be transported, and all the Lands and Great Estates of Bohun Earl of Hereford and Clare Earl of Ro Clause tempore E 1. & Sam. Da­niel in viea ejusdem Regis. Gloucester, and upon the Marriage of his Daughter the Lady Elizabeth to the first with a Gift in Tayl to them. the re­version in the Crown, and the like to Gilbert de Clare Earl of Gloucester, and Hertford by Marriage of his Daughter [Page 235] the Lady Joan restored them in tail as aforesaid unto them, and made not only the said Humfrey de Bohun, Roger Bygod Earl Marshall (whom upon second failings he afterward con­fiscated) and all others who had joined with him in refusing to serve him in his warrs according to the tenure of their lands to be glad and well content with his generall pardon.

In the same year granted to Hugh Kent de Galvy in Ireland and the Heirs Males of his body the liberty of enjoying the be­nefit of the English laws in terra sua Hyberniae as the writ en­suing wlll evidence. viz.

Rex omnibus ballivis & fidelibus suis in Hybernia ad quos &c. Salutem volentes Hugoni Kent de Galvy Hyberniae gratia Ro pat. 25 E. 1. parte prima [...]. 9. facere specialem concedimus ei pro nobis & haeredibus nostris quod ipse & liberi sui de corpore ipsius Hugonis legitime procre­ati & procreandi hanc habeant libertatem quod ipsi & posteri eo­rum de extero in terra nostra Hyberniae tam in morte quam in vita legibus consuetudinibus utantur Auglicanis firmiter inhi­bentes ne quis eos contra hanc concessionem nostram injuste vexet in aliquo vel perturbet in cujus &c. Teste Rege apud Gilling­ham 25 die Martii per ipsum Regem.

And by his letters patents constituted Johannem de Breton Custos or Warden of the City of London as followeth, viz.

Rex omnibus ballivis & fidelibus suis ad quod &c. sciatis quod dilectum & fidelem nostrum Johannem le Breton constitu­imus Ro pat. 25. E. 1. parte 1. in 3. custodem civitatis London ad amerciandos Aldermannos & alios quoscunque de civitate praedicta qui ad rationabilem praemonitionem, Seu Summonitionem custodis ejusdem pro negotiis nos & Civitatem illam tangentibus venire contempserent, & etiam ad Vicecomites Civitatis praedict. & ipsorum Clericos ac ministros mercedem sui Officii capientes cum super hoc modo debito convicti fuerint juxta quantitatem delictorum suorum castigan­dos & puniendos quantum necesse fuerit & quatenus sua dis­cretio de jure viderit faciendum specialem tenore praesentium 13. vel 14. E. 1. & ro. 8. E. 2. committimus potestatem quam diu nos placuerit durando in cujus, &c.

Having before in the 13 or 14th Year of his Reign fined Gregory de Rokesly Mayor of London, for that he renounced the Mayoralty and delivered the Common Seal of the Mayor­alty (or City) to Stephen de Ashren & aliis de Communi­tate London sine licencia ipsius Regis, for which he was glad to receive his Pardon.

In the 25th Year of his Reign directed his Writ Custodi Ro. Claus 25. E. 1. Northwallia mentientes & falsos rumores contra Regem castigand.

[Page 236] The like to punish conventus & conventicula.

Another to respite the King's Debts & aliorum dum in obsequio Regis.

With a Proclamation for the confirmation of Magna Char­ta, & Charta de Foresta, and to Command that two discreet Knights be chosen in every County to Attend Prince Ed­ward the King's Son his Lieutenant in England during the Kings absence in partibus transmarinis to procure the King's Letters-Parents for confirmation of the Peoples Liber­ties.

In the 27th Year of his Reign a Parliament being called at Westminster, wherein the two Charters were confirmed, with the allowance of what Deafforestation had been formerly made but with ommission of the clause Salvo jure Coronae no­strae, which the King laboured to have inserted, being a small return and Civility to a Sovereign, whose Royall progenitors had freely granted those Liberties and Priviledges, and him­self willing to confirm them, but by no means it would be agreed unto.

Was so incensed at the revolt of the Scots, and so fixt in his resolution of subduing them, as going to fight a battle with them, whose army much exceeded his own, when he was with one foot in the Stirrop getting on horseback, the horse upon some great noise or shout in the Scottish army, who were Speeds History of England in the Life of King Edward the 1. Marching on to engage him, Started and throwing him to the ground with his hinder foot Strake him so on one side as he brake two of his Ribbs, which could not so hinder either his Courage or Resolution but he again remounted the same Horse, and charged with good Success as he wan the field, and slew as some of their Historians mention about 60 thou­sand of them.

In the 30th, Year of his Reign the Constable of Dover having upon an Order or Sentence of the Court of Sheppey, which was the Magna Curia of the Cincque-Ports arrested the Abbot of Feversham, pro quibusdam transgressionibus per Ro. Claus. 30. E. 1. m. 13. ipsum perpetratis in laesionem Coronae & regiae dignitatis, was cited and excommunicated by the Archbishop of Canterbury, the King thereupon (as the record mentioneth) nolentes nobis super Statu regio nostro aliqualiter derogari aut ministros nostros pro hiis quae judicialiter fuerint indebite fatigari commanded the Archbishop in fide qua sibi tenetur firmiter injungentes quod hujusmodi citationibus of the Constable or his Ministers ea de causa faciendis supersedeat sententias praedictas in ipsos per ipsum ut praemittitur fulminatas faciat sine dilatione aliqua re­vocari [Page 237] ita quod non operteat nos ad hoc aliter apponere manum nostram.

In the claim which he made and deduced to the Pope of his right to the Superiority of the Kingdom of Scotland attested by an hundred hands and seals of the Earls and Baronage of Eng­land in a Parliament holden at Lincoln, when he gave an an­swer to a letter of the Pope mediating in the behalf of the King of Scotland, and claiming that Kingdom to belong to the Church of Rome, wherein he had desired him to send his pro­curators and evidence to be heard and determined at Rome, the historian and our records have informed us in these words that quoniam vero ad hoc quod Papa petivit quod si Rex Angliae jus haberet in regno Scotiae, vel aliqua ejus parte procurators & in­structos Walsingham Ipodigma Neu­stria. 491. 492. 493 494. 495. mitteret, & fieret eis justitiae complementum, Rex per se noluit respondere, sed hoc commisit Comitibus aliis (que) terrae Baro­nibus, who gave him a choaking and flatly denying answer on the behalf of their King.

And pursuing his Victories against that Nation took out of Edenburgh the Crown, Scepter, and Cloth of Estate, with Speeds Chro­nicle. 654. the Marble Chair, wherein the King's of Scotland used to Sit, whilst they were Crowned, wherein according to an old Scotch Prophecy the fate of that Kingdom so resided, as where­soever it should be, the Rule and Government of that Na­tion should follow, and offered up the same at St Edwards Walsingham Ipodigma Neu. & Hist. E. 1. shrine at Westminster intending to unite the Kingdom of Scot­land to England, imprisoned the King of Scotland in the Tower of London, where he long detained him, subdued Malcolmus King of Man and the Kings of the Other Isles, and was so unalterable in those his purposes as he ordered that his bones should after his death be carried along with such English Armies as should afterwards be employed against that Nation.

Did in the 31st year of his Reign treat with the foreign Mer­chants, and by his Charta mercatoria without the trouble, ad­vice, or assent of his great Councel or Parliament, relinquish unto them his former kind of customs called Prises upon their granting unto him 3d of the pound now called the Petit Customs out of all foreign Merchandises imported (except wines) for every sack of wool to be exported 40d, for every 300 woolfells the like, and for every last of leather a demy mark over and above the duties payable by Denizens for the same commodities; which grant being by the Merchants of se­veral nations not incorporate into a body-politick of no force by the rules of the common Law, the Kings Charter only made [Page 238] it good and maintained it untill it was confirmed by Act of Parliament in Anno. 17. E. 3. which was 50 Years after, which Charter being made in England by that great and va­liant Prince was afterwards by him exemplyfied and transmit­ted M. S. Sr John Divies argu­ment upon the question of Impositions. into Ireland with a speciall Writ to the Officers of the Cu­stomes there to leavy the 3d penny in the Pound and other duties mentioned in that Charter, as appeareth in the Records of the Exchequer of Ireland, by virtue of which writ without any Act of Parliament there the 3d penny in the pound with the other duties were ever after leavied in that Kingdom, and paid to the Crown.

In the 32d year of his Reign he was so little afraid of his potent Nobility, under whose greatness and power many of common people sheltered their Oppressions of one another by wrongfull disseisins, and making themselves Tenants to their greater Landlords for those Lands, which they had no right unto, as he made severe Laws for the regulation thereof.

And in Declaratione Juris Regis in regno Scotiae protestavit se jus Coronae suae usque ad effusionem sanguinis defensarum ab quem Rex illo Anno omnia Monasteria Angliae, Scotiae, & Wal­liae perscrutari faceret, ad dignoscendum quale jus posset sibi Walsingham in vita E. 1. p. 50. competere in hac parte & repertum est in Chronias mariani, Scoti, Willielmi de Malmesburia, Rogero Hoveden, Henrici de Hun­tingdon, Radulphi de Luzeto, (or diceto) quod Anno Domini non gentesimo decimo Rex Edwardus subegit sibi Regis Scoto­rum & Cambrorum, Item ibidem que Anno domini non gentesimo vicesimo primo praedictae gantes Eligerunt sibi Edwardum prae­dictum in Domium & patroum, Item ibidem Anno Domini non­gentesimo vicisimo Sexto Rex Angliae Adolstanus denirit Regem Scotiae, Cententium, & iterim sub se permisit Regno, Item Edradus frater Adolstani Rex Angliae dericit Sates & nor­hambro, qui se submiserunt, ei & fidelitatem Juraverunt, Item ibidem Edgarus Rex Angliae superavit Renadum, fili­um Alpini, Regem Scotorum, Et ex tunc factus est Rex qua­tuor regnium, scilicet Angliae, Scotiae, Daciae, & Norwegiae, Item sovetus Edwardas regum Scotiae dedit Malcolmo filio Regis Cumbrorum de se tenendum, Item Willielmus Bastard Anno regni sui Sexto vicit Malcolmum. Regem Scotiae, & accepit ab eo Sacramentum fidelitatis.

Caused special Commissioners from Scotland to attend him, and the Lords of England in Parliament about setling the peace and Military affairs in Scotland, where it was as­sented to, by the King that a Parliament should be called in Scotland by the Kings Writ out of his Chancery there, [Page 339] in which Parliament the commonalty of that Kingdom should elect Ten Persons for themselves to come to the King and his Parliament at London pro tota communitate terrae Scotiae, the Pryn's 4. p [...] of a Register of Parliament Writs 22. & 23. & Ryleys placit Parl. 43. & 44. Scots Commissioners Petitioning the King that those ten Per­sons might have their Costs and expences to be leavied by two or three lawful men specially to be elected by the Commons, by the view and advice of the Guardian and Chamberlain of Scotland which the King granted with an order that duo lega­les homines citra mare Scotiae & duo legales homines ultra mare Scotiae eligentur ad hujusmodi expensas assidendas & levandas Ro. Claus. 33. E. [...] m. 13. & Cedul ordinat per Dominum regem de sta­bilitate terrae Scotiae. per visum & concilium custodis regni Scotiae & Camerarii; wherein as Mr Pryn well observeth they were not to be as sit­ting Voting Members, but as Proxies and Commissioners to Treat with the King and English Parliament concerning Scot­tish affairs only.

And so great Regard was had to the words and Testimony of this great Prince, as it was in his time not denyed to be law, Mich. 33. & 34. E. 1. ro. 103. in banco Regis. that Ordinatio (Meaning an award or something acknow­ledged in the King's presence, & per ipsum Regem affirmat) Majorem vim hahere debet quam finis in Curia sua coram Justi­ciariis suis levatus.

Agreeable to which was the Opinion of the Judges also in his time in these words, videtur concilio Regis quod Dominus Rex a quo omnes ministri sibi Subiecti habeant recordum est Su­perlativum In placitis & adjudicat tempore. E. 1. in banco regis coram rege Wallia. & Magis arduum recordum & super omnes ministros suos & processus & recordum praecellens, & not at all disagree­ing with the great reverence and Regard which the good Sub­jects of this Kingdom have never failed to give unto the hands and great Seals of their King's and Princes which by many in­speximus's have made a record that was so Obliterate and Un­intelligible as it was no Record before, and given a New life and Resurrection to many a Custome, Right, and Liberty, which otherwise would have been lost and buried in the Rub­bidge of time.

Commanded the Sheriffs of Lincoln to leavy the expences of the Knights of that Shire in eundo, morando, & redeundo de Ro. Claus. 34. E. 1. m. 11. in dorso. mandato suo venientibus prout aliis in casu consimili consuevit.

Punished by his Justices of his Bench William de Brewse a great and powerfull Baron for giving Reproachfull words to Roger de Hengham a Baron of the Exchecquer, after he had Mich. 33. & 34. E. 1. co­ram regero. 71. there given a judgement against him, and followed him as he was going from the Court, and reviled him with gross and bitter words; who in those times were frequently in their re­cords said and understood to be de concilio Regis, and ordered [Page 340] that the said William de Brewse should go without his sword (a very great dishonour to a Baron) bareheaded a banco ipsius Domini Regis ubi placitr tenentur in aula Westmonaster. per me­dium aulae praedictae cum curia plena fuerit us (que) ad Scaccari­um & ibidem veniam petat a praefato Rogero ut gratiam sibi faciat de dedecore & transgressione sibi fact. & postea pro con­temptu facto Domino Regi & curiae suae Commirtatur turri (Lon­don) ibidem moraturus ad voluntatem Domini Regis.

Was so carefull of his Superiority and Jurisdictions as he would not suffer either it or his Justice to be sullied in the administration or execution thereof, as in the case betwixt the Pryor and Bishop of Durham in the 34th Year of his Reign he caused an Information to be brought in his Court of King's Mich. 34. E. 1. incipiend ro. 113. Coram rege & conci­lio in banco regis. Bench against the Bishop for that he had Imprisoned his Offi­cers or Messengers for bringing Writs into his Liberty and that the Bishop had said that nullam deliberationem de eisdem face­ret sed dixit quod caeteros per ipsos castigaret ne de caetero lit­teras Domini Regis infra Episcopatum suum portarent in laesio­nem Episcopatus ejusdem; in the entring up of which Infor­mation, Plea and Judgement thereupon, the record saith quia idem Episcopus cum libertatem praedictam a Corona exeuntem & dependentem per factum Regis in hoc minister Domini Regis est adea quae ad Regale pertinet infra eandem libertatem loco ipsius Regis modo debito conservanda & exequenda ita quod om­nibus & singulis ibidem justitiam exhibere & ipsi Regi ut Do­mino suo & mandatis parere debeat prout tenetur licet proficua & expletia inde provenientia ad usum proprium per factum prae­dictum percipiatur.

Wherein the Judges and Sages of the Law (as in those ancient times they did frequently in matters of great Concern­ments) have given us the reason of their Judgement in these words, Cumpotestas Regia per totum regnum tam infra liber­tates praedictas quam extra se extendant videtur Curiae & toti concilio Domini Regis quod hujusmodi imprisonamenta facta de his qui capti fuerunt occasione quod brevia Domini Regis infra libertatem praedictam tulerint simul cum advocatione & accep­tatione facti & etiam dictis quae idem Episcopus dixit de casti­gatione illorum qui brevia Regis ex tunc infra libertatem suam portarent manifeste perpetrata fuerunt.

Et propterea ad inobedientiam & exhaereditationem Coronae, & ad dimunitionem dominii & potestatis Regalis ideo consider­atum est quod idem Episcopus libertatem praedictam cujus occa­sione temerariam sibi assumpsit audaciam praedictae gravamina, injurias, & excessus praedictos perpetrandi & dicendi toto tempore [Page 341] suo amittat, cum in eo quo quis deliquit sit de jure puniendus & eadem libertas capiatur in manus Domini Regis, & nihilominus corpus praedicti Episcopi Capiatur.

And that often distressed prudent Prince was so Unwilling to forsake the old Paths of Truth and the good ways and Rules of the English, in their great Councels for Extraor­dinary affairs, wherin a long and very Ancient Gray headed series of his Royall Ancestors had untill the aforesaid Impri­sonment of his Father, constantly and successively walked, did Resolve as long as he could to continue therein; Insomuch as

3. E. 1. Indictum est Parliamentum Londoniis ubi Leolinus princeps Walliae being summoned to come to do his Homage, Ib. 46. pretended that he durst not come without hostages, which the King taking ill, refused to give, sed tamen dissimulato ne­gotio inceptum Parliamentum consummavit, post Parliamentum vero Rex raised an Army to subdue him, & hoc Anno solvit populus Regi quinto decimam bonorum quae patri suo dicebatur praeconcessa.

Anno. 5. E. 1. in subsidium guerrae Wallensis concessa est Regia populo vicesima pars bonorum. Anno 6 tenuit Parliamen­tum Ib. 48. 56. & 57. Gloverniae in quo edita sunt Statuta quae Gloverinae appellan­tur, and it appeareth by the Act of 7. E. 1. that the Prelates, Earls, and Barons were present at the making thereof.

2. E. 1. Habitum est Parliamentum Salopiae in quo per depu­tatos ad hoc Justiciariis, David the Brother of the Prince of Wales, sine condemnatus tractus & suspensus, Eodem Anno tenuit Rex Parliamentum apud Acton Burnell ubi editum est statutum quod a loco cognominatum est.

18. E. 1. Upon the death of Margaret daughter of the Ib. 51. King of Norway by the daughter of Alexander King of Scot­land ad quam jure haereditario defuncto avo patruo & matre regnum Scotiae devolvi debebat & quis fuit justus haeres Sco­tiae apud omnes in dubium vertebatur, and there being many competitors, amongst which there were of the English Baro­nage Johannes de Hastings, Dominus Abergavenny, Johannes de Vescy, vice patris sui, Nicholaus de Sules, & Willielmus de Ros, and the Pope claiming the superiority and the deter­mination of the Title.

Eodem Anno post Pascha Rex Angliae Scotiam apprcpinquans Parliamentum tenuit apud Northumbr. ubi consultis Praelatis ac utriusque juris peritis (wiser and fitter men then Common Walsingham Hist. Angliae sub E. 1. p. 55. 56. 57. people use to be) revolutisque priorum temporum Annalibus and the memorialls of the Abbies and Monasteries vocari fecit Prae­latos & Majores Regni Scotiae & corameis in Ecclesia paro­chiali [Page 342] de Northumbr. jus suum in superius dominium Regni Sco­tiae fideliter declaravit petivitque ut haec recognoscerent prote­stando se jus Coronae suae usque ad effusionem sanguinis suae defensurum.

And the Kings Right and Superiority being fully eviden­ced, all the pretenders to that Crown did under their Hands and Seals not only acknowledge his Superiority, but that they would hold that firm and stable, which he should declare therein, and yeild the Kingdom to such as he should adjudge, which no where appears to have been done by the consent of the Common people of England, and Scotland, and was of the greatest concernment to those of Scotland.

And in another Charter of the same date declaring Cum autem non possit praefatus Rex Angliae isto modo cognitionem fa­cere, nec complere sine judicio nec indicium debeat esse sine exe­cutione nec executionem possit debito modo facere sine possessione & seisina ejusdem terrae & Castrorum, did deliver seisin to the King, as the Supream Lord, untill the Right should be determined.

Ita tamen that before the seisin taken he should give good Security to deliver it back to such as should be adjudged to have Right to the Kingdom of Scotland, cum tota Regalitate, dignitate, dominio, libertatibus, consuetudinibus, Justiciis, legibus, usibus quibuscun (que) cum pertinentiis in eodem Statu &c. So as an account and Restitution be made within 2 Months after, to those that should be adjudged to have Right unto that Kingdom, of the issues and profits thereof salvo Regi An­gliae homagio illius qui Rex erit.

Quo facto, although Ericus King of Norway did at the same time by his Attorneys or Procurators appear coram concilio Re­gis Angliae with his Commission omnibus inspecturis to claim 100000l, Sterling a penalty for not admitting the said Mar­garet his daughter to be heire to the Kingdom of Scotland, and 700 marks per Annum dowry which he gave with her &c. who being heard and severall days given, and refusing ulterius prosequi, post diligentem hujus negotii disquisitionem inter cae­teros (competitores) de assensu communi Rex Angliae (without any license or confirmation of his Parliament) post varias disceptationes vendicantium regnum illud adjudged it to John de Baylioll, as descended from the Eldest Daughter of David King of Scotland, excluso Roberto de Brus, who claim­ed from a younger, received his homage and fealty and caused him to be Crowned, sitting super lapidem Regalem, said by these people to have been the Stone, upon which Jacob [Page 343] Slept, when he journeyed from Barsheba to Aran.

About the same time 200 Ships or Barks of Normandy, sailing homewards with Wines from Gascony, & Domineering as if sibi solis maris cessisset libertas, they were by 60 English Ships taken, and 15000 of their men slain, and the King of France by his Embassadours demanding Satisfaction, or to have the matter determined in his Court in Gascony, being of a very great concernment to the English Nation; the King deliberato habito concilio sending the Bishop of London, ad­junctis sibi aliis viris prudentibus to the King of France, & suo concilio, offered that if any found themselves aggrieved, Walsingham. ib. 60. 61. they should upon a safe conduct come for Justice ad Curiam suam quae nulli subjecta fuit; whereupon a great contention arising betwixt the two Kings, and the King of France sei­sing divers Castles of the King of England in Gascony, and citing him personally to appear at his Court at Paris to an­swer for that transgression, which being upon a safe conduct performed, and a peace thereupon concluded, and that shortly after cavilled at by the King of France.

The King in the 22 year of his Reign convocato Londoniis Parliamento cui Johannes Rex Scotorum interfuit being in the same year and Parliament to which he had by his writs caused some of the Commons of England to come to assent unto what should be there ordained de concilio Praelatorum & Pro­cerum consentium (without any mention of the Community) agree that terram sub-dole ablatam recuperandam fore gladio.

And thereupon the King (not the Parliament) sent his Embassadours again unto the King of France, and declared that since he had Violated the Leagues and Agreements made betwixt them and their Royall Progenitors, Non videbatur sibi (his great Councel and Parliament not being at all named) quod ipsum Regem Angliae ducem (que) Aquitaniae hominem suum reputabat, n [...]c ipse homagio suo astringi ulterius intendebat.

And mandavit Justic. suis hic breve suum pa­tens in haec verba, Edwardus Dei Gratia Rex Angliae, Domi­nus Midd. [...]. Hiberniae, & Dux Aquit: Dilect. & fidelibus suis, Ro­gero de Hengham, Petro Malorre, & Roberto de Recford sa­lutem, sciatis quod assignavimus vos vel duos vestrum quos presentes esse contigerit Justic. nostros ad inquirend. per Sacra­mentum tam militum quam aliorum proborum & legal. hominum Anno. 35. E. 1. de Civit, nostra London & Comitatibus Kanc. Surr. Sussex & Midd. per quos rei veritas melius sciri poterit de Malefacto­ribus & pacis nostrae perturbatoribus, homicidia, depredationes, incendia & alia dampna quam plurima nocte die (que) perpetranti­bus [Page 344] & eorum scienter Receptatoribus & eis Consentientibus vim & auxiliam praebentibus seu dictas transgressiones fieri procurantibus & praecipientibus & etiam ad inquirendum de illis qui pro muneribus suis pactum fecerunt & faciunt cum malefa­ctoribus & pacis nostrae perturbatoribus & eos conduxerunt & conducunt ad verberand. vulnerand. maletractand. & Inter­fi [...]iend. plures de Regno nostro in feriis mercatis & aliis locis in dict. Civitate & Comitaribus pro Immicitia, invidia, malitia, ac etiam pro eo quod in Assisis Juratis recogn; & Inquisitionibus factis de feloniis positi fuerunt & veritatem dixerunt unde per Conductionem hujusmodi malefactorum Juratores Assisar. Jura­tor. recogn. & Inquis; illarum prae timore dictorum malefa­ctor. & eorum minarum sepius veritatem dicere seu dictos ma­lefactores indictare minime ausi fuerunt & sunt, & etiam ad. Inquirend. de illis qui hujusn odi munera dederunt dant & quan­tum & quibus & qui hujusmodi m [...]nera receperunt & recipiunt, & a quibus, & qualiter, & quo modo, & qui hujusmodi ma­lefactores in malicia sua fovent, mitriunt, & manutenent, in Civitate & Comitatibus praedict. & etiam de illis qui ratione potestate & Dominii sui aliquos in eorum protectionem & advo­cationem pro suo dando susceperunt & adhuc suscipiunt, & de illis qui pecuniam vel aliud quodeun (que) ab aliquo per graves minas ei factas maliciose extorserunt & de Conspiratoribus & hiis qui malas confederationem faciunt seu fecerunt & de malefactoribus in parcis & vivariis & ad felonias & transgressiones praedictas audiendas & terminandas secundum legem & Consuetudinem Regni nostri & Juxta ordinationem per nos & Consilium nostrum in Parliamento nostro factam & etiam ad omnes Assisas Juratas & certificationes coram quibuscunque Justic. nostris in praedict. Com. Kan [...]. Surr. Sussex & Midd. arrainiatis & arrainian­das quamdiu vos vel duo vestrum in Comitatibus illis pro negotiis praedictis morari contigerit capiendas & etiam ad gaol [...] nostras in Civitate & Com. praedict. tam de prisonib [...] Captis pro suspi­cione feloniae vel mali, licet prius inde non fuerint indictati, quam de aliis prisonibus quotiens vos ad patres illas adesse con­tigerit deliberandas secundum legem & Cons. Regni nostri, Et ad inquirend. si Statutum nostrum edictum de aquis in quibus Salmones capiuntur positis indefenso, & Statutum nostrum Win­ton. & etiam mandatum nostrum de suspectis arestand. & Capiend. in singulis suis Articulis teneantur, nec ne & si non teneantur, [...]unc qualiter infringuntur & per quos, Et si Ballivos alliquos infra libertatem vel extra, seu ministros nostros inde Culpabiles inveneritis, eos postquam inde convicti fuerint dimittatis per bo­nam & sufficientem manucaptionem essendi coram nobis ad cer­tum [Page 345] diem eis per vos praefigendum, & Recordum & premissum in­de coram vobis habita tunc nobis sub Sigillo unius vestrum m [...]a­tis & omnes alios de quibus vobis constare poterit quod contra Sta­tuta nostra venerint, taliter per paenas in Statutis illis ordinatas vel alio modo in Casu quo penae in eisdem Statutis non est ordi­nat, castigetis; quod paena unius sit Castigatio aliorum, Et ideo vobis mandamus, quod ad certos dies & loca quos vos vel duo vestrum ad hoc provideritis omnia praemissa expleatis in forma predicta, facturi inde quod ad Justic. pertinet secundumlegem & Coas. Regni, salvis nobis amerciamentis & aliis ad nos inde spectantibus, mandamus enim Vicecomitibus nostris London & vic. nostris Com. predictorum quod ad vos dies & loca quos vos vel duo vestrum ei scire facietis, predicti vic. nostri Civitatis predictae omnes prisonae gaolarum ejusdem Civitatis, & eorum attach. et tot et tales tam milites quam alios probos & legales Homines de ipsa Civit. Et predicti vic. predictorum Com. Assisas, Jurates, Certificationes illas cum brevibus originali­bus, & omnes prisones gaolarum dictorum Com. & eorum at­tach. & tot & tales tam milites quam alios probos & legales Homines de Com. predictis, per quos rei veritas in premissis melius sciri poterit & inquiri, coram vobis ven. fac. In Cujus rei testimonium has literas nostras fieri fecimus pat. T. mei ipso apud Laureto xxi die Februarii Anno Regni nostri xxxv. which Walsingham an Authentique writer of those Times calleth a Walsingham. Hist. E. 1. F. 89. Troil Baston or the modern French Ottroy le Baston or a Commission to enquire of notorious Offences and Offen­ders and punish them.

And in the making of his Laws and Act of Parliament 3. E. 1. ca. 1. did not omit the right use of his Power and Authority when in the 3 Year of his Reign in an Act of Parliament that the Peace of the Church and the State should be maintained, he did Will and Command that Religious Houses be not overcharged.

In an Act of Parliament made in the same Year that a Clerk Ca. 2. convict of Felony delivered to the Ordinary should not depart without Purgation, it is said to be provided, and in the per­close, so that the King shall not need to provide any other Remedy.

And in some other Acts made in the year it is agreed; and Ca. 5. In another Act of Parliament that elections ought to be free, the King commandeth upon great forfeitures, that no man, nor other by force of Arms, by Malice, or Menacing, do disturb any to make free elections.

That amerciaments shall be Reasonable, and according to the offence (wherein Cities, Boroughs, and Mesne Lords were Ca. 6. [Page 346] concerned as well as himself.)

Concerning the Punishment of Ravishers of Women, the King Prohibiteth. Ca. 13.

Concerning Appeals to be against the principall and acces­sory, it is provided and commanded by the King. Ca. 14.

The like in Ca. 15. What persons be mainprisable and who not, and the penalty for unlawfull Bailment (those that were taken by the Commandment of the King, or of his Justices, or of the Forest being not Bayleable.)

Concerning the penalties of a Sergeant or Pleader commit­ting Deceipt, the King commandeth that such things be no Ca. 29. more done from henceforth.

And if any Officer of Fee doth it, his Office shall be taken into the Kings hands.

It is provided and agreed that the King of his Office shall from henceforth grant attaints upon Enquest in Plea of Land Ca. 37. or Freehold.

In the several limitations of prescription in severall Writs which might be to many very prejudicial, it was in like man­ner Ca. 38. provided that in a Writ of right none should presume to declare of the seisin of his Ancestor further or beyond the time of King Richard the 1st, Writs of Partition and Novell Desseisin of the first voyage of King Henry Father of the King into Gas­coigne, Writs of Mort d' Auncestor, of Cosinage, Ayel, et Nuper obiit of the Coronation of the s [...]id King Henry, and not before.

That one plea shall be decided by the Justices of the King's Bench, before another be commenced, it is provided also and Ca. 45. commanded by the King.

In an Act touching the Tenants plea in a Writ of Dower, and at what time Assizes shall be taken, it was declared, that Ca. 48. forasmuch as the King hath ordained those things unto the ho­nor of God and Holy Church, and for the Common-Wealth and remedy of such as be grieved, he would not that at any other time it should turn into prejudice of himself or of his Crown, but that such right as appertains unto him should be saved in all points, and forasmuch as it is great Charity to do right un­to all men at all times when need should be, it was provided by the assent of the Praelates that Assizes of Novell Disseisin, Mortd auncestor, and Darrein presentment should be taken in Advent Septuagesima and Lent, even as well as Enquests may be taken, and that at the Speciall request of the King made unto the Bishops.

In the 4th Year of his Reign caused an Eatenta Manerio­rum [Page 347] or Survey (as to his particular Royal Revenue much like unto that of William the Conquerors) of his Castles, Houses, Buildings, Demesne-Lands, Copyhold, Commons, Parks, Forests, Woods, Asserts, Tenants, Cottages, Pleas, and Perquisites of the Counties, Churches, and the values thereof, and of Heriots, Fairs, Markets, Escheats, Customs, Rents, Services, Fishings, Freeholders, Woods, Rents of Assize, Tenures in Soccage, or by Knights-Service, Forreign Works, and Customes, Perquisites of Courts, Fines, and all other Casualties.

Declared by a Statute de Officio Coronatoris, the Duties of a Coroner, and enquiries to be made by them.

In the matter of Bigamy published and declared certain constitutions before him and his Councel, and commanded them to be stedfastly Observed in the presence of certain Re­verend Fathers, Bishops of England, and others of the Kings Councel, to which the Justices as all the Kings Councel did agree.

Cap. 1. In what Cases aid shall be granted of the King, in what not, it is said, that it is agreed by the Justices and other Learned men of the Kings Councel of the Realm, which hereto­fore have had the rule and practise of Judgments, that where a Feoffment was made by the King with a Deed thereupon, if another person by a like Feoffment and Deed be bound to War­ranty, the Justices could not heretofore have proceeded any fur­ther, neither yet do proceed without the Kings Command.

And it seemeth also they could not proceed in other cases, wherefore they shall not surcease by occasion of any Grant, Confirmation, or Surrender, but after advertisement made thereof to the King, they shall proceed without delay. Ca. 4. Concerning purprestures upon the Kings Lands to be reseised.

If any do complain of such Reseisins, he shall be heard as right requireth.

6. E. 1. In an Act concerning a man killing another in his own defence, or by misfortune, it is said, the King commanded.

In Ca. 10. that the husband and wife being impleaded shall not fourch by Essoin, that act of Parliament is said to be the Statute of the King.

In the same year an Exposition and alteration of the Sta­tute of Gloucester in divers articles and points was made by the King and his Justices, by the Kings Letters-Patents dated at Gloucester.

In the foregoing statutes or Articles whereof videlicet ca. 1. it is said to have been provided in ca. 3. Established the like [Page 348] in Ca. 4. in 5. and 6. provided, and the like in the 8. and the offenders shall be greivously amerced to the King.

In the Statute of Gloucester, ca. 14. where it is ordained, that a Citizen of London shall recover in an Assize damages with the land, it is said the King of his speciall grace granteth, and the Barons of the Exchequer and Treasu [...]er shall be com­manded. And in severall statutes and Articles there made, did afterwards by the advice of his Justices make in some of them di­vers Exposition of the Statute of Glocester. expositions, alterations and additions in several materiall parts or Points.

7. E. 1. by his Writ directed to the Justices of his Bench, Signified that it was accorded, that at the next Parliament by the councell and assent of the Prelats, Earls, and Barons, pro­vision should be made that none should come to Parliaments, Trea­ties or Assemblies with force and arms, and in the next Parlia­ment after the said Treaty, the Prelates, Earles, Barons, and the Commonalty of the Realm (Comprised in the Votes and suffrages of the Prelats Earls and Barons) there assembled to take order of that business, have said, that to the King it belongeth, and on his part it is through his Royall Seigneury Strictly to de­fend by force of armour and all other force, against his peace, at all times, when it shall please him, and to punish those which shall do contrary according to the Laws and Usages of the Realm, and hereunto they are bound to aid him, as their Sovcreign Lord, at all seasons, as need should be, and commanded the same to be read before him in his Bench, and there enrolled.

In the Statute of Mortmaine made in the same Year, that no Lands should be aliened in Mortmaine upon pain of the for­feiture thereof, it is mentioned, that the King for the profit of his Realm, minding to provide a convenient remedy by the advice of his Prelates, Earls, Barons, and others of his Subjects being of his Councel, hath provided and ordained, &c.

10. E. 1. in the Statute of the Exchecquer, touching the recovery of the Kings Debts, the King by his Writ directed to the Treasurer, Barons, and Chamberlains of the Exchec­quer for the Indempnity of him and his People, Willed and Provided.

Anno. 1 [...]. E. 1. in the Statute of Acton Burnell made for recovery of Debts, the King for himself and by his Councel hath Ordained and Established.

In the Statute of Entails that the Will of the Donor should in all things be performed, Ca. 1. (which was of a grand Con­cern to all the Nobility, Gentry, and Freeholders of Eng­land in their Dignities, Families, Lands and Estates, and [Page 349] the transmitting them to Posterity) it is said, wherefore our Lord the King perceiving how necessary and expedient it should be to provide remedy, hath ordained.

In Ca. 3. where a cui in vita shall be granted, and a Wife, or he in reversion received, the King hath ordained.

Ca. 6. Where a Tenant Voucheth, and the Vouchee de­nyeth the Warranty, the King hath ordained.

Ca. 9. Entituled in what case the Writ of Mesne is to be pur­sued, it is said in the perclose, that for certain causes, Reme­dies are not in certain things provided, God willing, there shall be at another time.

Ca. 10. Providing at what time Writs shall be delive­red for suits depending before Justices in Eyre, the parties may make Generall Attorneys, it is said, the King hath ordained.

Ca. 14. Concerning Process to be made in wast, our Lord the King from henceforth to remove this error hath ordained.

Ca. 24. For the granting of Writs of Nuysance quod per­mittatis in consimili casu, where the King ordaineth (for which by no ground or colour of reason it is otherwise to be under­stood) that whensoever from thenceforth it should fortune that in Chancery (which is no body's Court but the Kings) a like Writ is found, and in another case falling under the like Law a like remedy is not found, the Clerks of the Chancery shall agree in making the Writ, or the Plaintiffs may adjourn it untill the next Parliament, and let the cases be written in which they cannot agree, and let them referr themselves untill the next Parliament by consent of men learned in the Law (which could not in those times be understood as of the Members of the House of Commons, none of them being then chosen or Summoned to give their consent in Parliament.

Ca. 25. In the Act of Parliament entituled of what things an Assize shall be certified.

It is said, that forasmuch as there is no Writ in the Chancery whereby Plaintiffs can have so speedy remedy by a Writ of Novell Disseisin, our Lord the King willing that Justice may be speedily, ministred and that delays in Pleas may be taken away or abridged, granteth, &c.

And our Lord the King to whom false exceptions be odi­ous hath ordained, &c.

The like words of the King's granting and ordaining are to be understood in the Chapters immediately following, viz, Ca. 26. 27. 28. 29. and 30.

In that of 13. E. 1. ca. 30. The two Knights of the Shire [Page 350] are changed by length of time or some other causes, into those which are now called Associates, and are indeed but the en­rolling Clarks, which by that Statute are allowed the Justices in their Circuits, as they have used to have in times past.

Were not Knights of the Shire Elected for an House of Commons in 29. E. 1. ca. 5. the King willeth that the Chan­cellor and Justices of his Bench shall follow his Court, so that he may at all Times have some near unto him which be learned in the Laws, and be able to order all such matters as shall come unto the Court at all Times when need shall require.

And the like that the King ordained and willed is to be understood in the chapters or articles 31. 32 33.

In that of 32. where it is mentioned, and so the Statute is defrauded, it is said our Lord the King hath ordained and granted.

Ca. 39. Concerning the manner of Writs to be delivered to the Sheriffs to be executed it is said, that our Lord the King hath provided and ordained, &c. And the King hath com­manded that Sheriffs shall be punished by the Justices for false Retornes once or twice if need be.

Ca. 41. entituled contra formam collationis, which was of great concernment in their lands and estates, and also as they then thought in matters of provision for the souls of their pa­rents, Ancestors, and near relations it is said our Lord the King hath Ordained.

In ca. 42. appointing the several fees of Marshall, Cham­berlains in fee, Porters of Justices in Eyre, &c. which was of great Importance to many, it is mentioned that our Lord the King hath caused to be enquired by an enquest what the said Officers of fee used to have in times past, and hath ordain­ed and commanded that a Marshall in fee, &c. which was then Roger Bigod Earl of Norfolk, a man of great power and authority; it is in like manner Ordained.

Ca. 43. That Hospitalers and Templers (which were a part of the People then of great Estates, Power, and Autho­rity in the Kingdom) shall draw no man in suite, &c. it is said to have been prohibited, and the King also prohibiteth.

Ca. 44. Setling the Fees of Porters bearing Virges before the Justices, &c. it is said, be it provided and ordained, and the King chargeth his Justices.

In the Statute of Winchester made in Anno. 13. E. 1. that fresh suit shall be made after Felons from Town to Town, our Lord the King to abate the Power of Felons, hath established a pain in that case.

[Page 351] Ca. 2. Where the County shall answer for the Robbery where the Felon shall not be taken, which though it was an excellent Law and ever since put in execution, might upon the first impression seem to bear hard upon the People, that they not committing the Crimes should be responsable in their Purses and Estates for it, the preamble saith likewise, our Lord the King hath Established.

Ca. 3. Respiting that Act until Easter then next nsuing, it is mentioned that forasmuch as the King will not that his Peo­ple should be suddenly impoverished by reason of the penalty, which seemeth very hard to many, the King granteth that they shall not incurr immediately, but it should be respited untill Easter next following, within which time he may see how the Country will order themselves & whether such felonys do cease.

After which time let them all be assured, that the aforesaid Pe­nalties shall run generally, that is to say, the People in the Country shall be answerable for Felonies & Robberies done amongst them.

In an Act of Parliament at what time the gates of great Towns shall be shut, and Night-Watches begin and end, it is Ca. 4. said the King commanded.

For the breadth of High-ways leading from one Market-Town to another, it is said, and further it is Commanded. Ca. 5.

In the Act of Parliament that every man should have Ar­mour in his house according to his ability, it is said, and fur­ther it is commanded, and the Justices assigned shall present Ca. 6. in every Parliament unto the King, such defaults as they shall find, and the King shall provide remedy therein.

In the Statutes of Merchants made in the same year where­in the form of a Statute Merchant is appointed, it is recited that the King and his Councel at his Parliament holden at Acton Burnell in the 11th year of his Reign hath ordained.

In the Statute of Circumspecte Agatis, the King only saith, Use your self circumspectly, concerning the Bishop of Nor­wich and his Clergy.

In the Statute of Quia Emptores terrarum made in the 18th of his Reign it is said our Lord the King in his Parliament at the instance of the great men of the Realm hath granted, pro­vided and ordained that the Feoffees or Alienees shall hold of the chief Lord of whom the Lords were holden.

Ca. 2. If part of the lands be sold it is to be apportioned, and it is, to wit, that this Statute extendeth, but only to lands holden in fee simple, and for the time coming, and is to take effect at the Feast of St. Andrew next.

In the Statute of Quo Warranto liberties are holden, our [Page 352] Lord the King of his especial grace, and for the affection which he beareth unto his Prelates, Earls, and Barons, and other of his Realm hath granted.

In a 2d Statute of Quo Warranto to the same Effect hath Established.

In the Statute de modo levandi fines it is to be noted, that the order of the Laws will not suffer a finall accord to be leavyed in the Kings Court without a Writ Original.

In the Statute of Vouchers made in the 20th Year of his Reign, Our Lord the King by his Common-Councell hath ordained.

In another of the same year concerning wast committed by Tenant for life, Our Lord the King hath ordained.

In the Statute de defensione juris, Hath ordained, and from henceforth commanded.

In a Statute de non ponendis in Assisis made in the 21st year of his Reign, Our Lord the King hath ordained.

By an Act of Parliament made in the same year de male­factoribus in parcis, Our Lord the King hath granted and commanded.

In the Statute or Act of Parliament de Consultatione, made in the 24th Year of his Reign Willeth and commandeth.

In the Confirmation of the great Charter, and the Charter of the Forest in the 25th Year of his Reign Granteth and Willeth.

In Ca. 2. That Judgements given against them should be void it is said We will.

The like in Ca. 3 and 4.

In Ca. 5. We have granted.

In Ca. 6. That the King or his Heirs will for no business whatsoever take aids or prizes, but by consent of the Realm, and for the Common profit thereof, saving the An­cient aids and prizes due and accustomed, it is said, Moreover we have granted.

In Ca. 7. for a release of Toll taken by the King for Wool, without consent as aforesaid, saving the custom of Wools, Hides and Leather granted by the Commonalty, it is said, that the King at their request hath clearly released and granted.

The King hasting into Flanders to aid his Confederate the Earl thereof, against the Continued envy, malice, and designs of the King of France his malignant Neighbour, constituted Walsingham, Hist. E. 1. 75. & 76. (without License of Parliament) his Son Edward then being under age the Custos or Guardian of the Kingdom, and ap­pointed Richard Bishop of London, William Earl of Warwick, [Page 353] nec non & milites Reginaldum de Gray, Johannem Gifford & Alanum Plukenet viros emeritae militae, providos & discretos to be his Assistants and Councellors, who in the Kings absence with much ado, and with nullam aliam sentire vellent, ob­tained a Peace to be made with the Earl of Hereford and Earl Marshal, that the King should confirm the great Charters with the aforesaid Articles added in the 2. 3. 4. and 5. of that Parliament, and to the 6. of Nullum Tallagium, but by the consent of the Realm, and for the Common profit thereof, saving ut supra, releasing the Tolls of Wool.

Which being sent unto the King were returned sub sigillo suo tanquam, saith the Historian, ab eo qui in Arcto positus erat cedendum malitiae temporis censuit, upon the confirmation whereof the populus Anglicanus concessit denarium nonum bonorum suorum.

But the King being returned in the 26th Year of his Reign was pressed in Parliament by the aforesaid Earls, the Consta­ble & Marshal, because the Charters were confirmed in a For­reign Country, to do it again, for that the Bishop of Durham and the Earls of Surrey, Warwick and Gloucester, had promi­sed, that obtenta victoria against the Scots, he should post ejus reditum do it, and in the 27th Year of his Reign, being a­gain in a Parliament holden in London, urged by the said Earls to do it, post aliquas dilationes, was willing to do it with an addition of Salvo jure Coronae, with which the Earls being displeased and leaving the Parliament, revocatis ipsis ad quin­denam Paschae ad votum eorum absolute omnia sunt concessa.

Which begot the Statute said in the printed book of Statutes published by Mr Poulton to be incerti temporis. E. 1. but it is to be beleived for the Reasons aforesaid to have been made in the 27th year of his Reign in those only words, that no Tal­lage or Aid shall be taken or leavied by us or our heirs in our Realm, without the good-will and assent of Arch-Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the Land.

In the Statute of Wards and Reliefs 28. E. 1. Who shall be in ward, and pay relief, which seemeth to be a declaration of the King alone, being for the most part of matters con­cerning himself, and his undoubted casuall revenue, it is to Wit when in the Statute immediately following touching persons appealed, it is said, the King hath granted, ordained, and provided.

In the Statute called Articuli super Chartas, ca. 1. in the confirmation of the great Charter and the Charter of the [Page 354] Forest, in the later end and close thereof are these words, viz. And besides these things granted upon the Articles of the Charters aforesaid, the King of his especial grace for redress of the grievances which his people hath sustained, by reason of his Wars, and for the amendment of their Estate, and to the intent that they may be the more ready to do him ser­vice, and the more willing to assist him in the time of need, hath granted certain Articles, the which he supposeth shall not only be observed of his Leige People, but also shall be as much profitable, or more then the Articles heretofore granted.

That none shall take prices, but the Kings Purveiors or their Deputies, it is said to be Ordained with a Nevertheless Ca. 2. the King and his Councell do not intend by reason of this Esta­tute to diminish the Kings right, for the ancient prizes due and accustomed, as of Wines, and other goods, but that his rights shall be saved unto him whole, and in all points. Declaring of of what things only the Marshall of the King's House shall Ca. 3. hold plea, &c. It is Ordained. And in Another Act Entituled, Common Pleas shall not be holden in the Exche­quer, it is said, moreover no Common Pleas shall from henceforth Ca. 4. be holden in the Exchequer contrary to the form of the Great Charter.

That no Writ concerning the Common Law shall be a­ward under any Petit Seal. Ca. 6.

The authority of the Constable of the Castle of Dover touching hold pleas and distresses. Ca. 7.

That the Inhabitants of every County shall make choice of their Sheriff being not of Fee, it is said, that the King hath granted to his people that they shall have Election of their Ca. 8. Sheriff in every Shire where the Shrievalty is not of Fee, if they list, which would have been very prejudicial both to the King and his people, as to the collecting of his revenue, and Executing his Justice by his Mandates, Writs, and Process, if the confirmation, allowance, or disallowance thereof had not been by Law lodged in the King and his Supream authority.

What persons shall be returned in every Jury, the King Willeth and Commandeth. Ca. 9.

For a remedy against Conspirators, False Enformers, and Embracers of Juries, the King hath provided a remedy. Ca. 10.

Against Mainteynors of Suits, it is said, the King willeth, but it may not be understood hereby that any person shall be prohibited to have Councel of Pleaders, or of Learned Ca. 11. Men in the Law for his Fee, or of his Parents or next Friends.

[Page 355] What distress shall be taken for the Kings debts, and how it shall be used, the King willeth. Ca. 12.

What sort of Persons the Commons of shires shall chuse for their Sheriffs, forasmuch as the King hath granted, it is said, Ca. 13. the King willeth.

That Baylewicks and Hundreds shall not be let too dear to charge the people with contribution. Ca. 14.

In summons and attachments in plea of land, the writ shall contain 15 daies, it is in like manner to be understood. Ca. 15.

In like manner against false retornes of writs.

The King willeth that the Statute of Winchester shall be read Ca. 16. 4 times in the year, and put in execution. Ca. 17.

The King willeth that Escheators shall commit no wast in Wards lands. Ca. 18.

In an act of Parliament declaring in what cases the owner shall have his lands delivered out of the King's hands with Ca. 19. the issues, it is said the King willeth.

In an Act of Parliament that vessels of gold shall be assayed, it is said to have been ordained, and that notwith­standing Ca. 20. all those things before-mentioned, or any point of them, both the King and his Councell, and all that were pre­sent at the making of that Ordinance (meaning the Judges and Assistants of that Honourable Court) will and intend that the right and prerogative of his Crown shall be saved to him in all things.

In the Statute de Escatoribus 29. E. 1. at the Parliament of our Lord the King at Lincoln in his Councell, it was agreed and also commanded by the King Himself, and this order shall be held from henceforth in the Chancery notwithstanding a certain ordinance lately made by our Lord the King concern­ing lands, and tenements taken into his hands by his officers, and not to be delivered but by the King himself, and as it is conteined in a Certain dividenda or indenture made betwixt the King himself and his Chancelor, whereof one part remain­eth in the Custody of the Chancelor.

In the new Statute of Quo Warranto made Anno 30. E. 1. it is recited that the King himself in the 6 year of his Reign, providing for the wealth of his Realm, and the more full ad­ministration of Justice as to the Office of a King belongeth the more discreet men of the Realm, as well high as of low degree being called thither, it is provided and ordained; but in the writs framed to enquire by what warrant the Liberties were granted to the people, they are said to be in Parliamento nostro per nos & concilium nostrum.

[Page 356] 31. E. 1. In an ordinance for Measures, it is said, that by the consent of the whole Realm of England the King's mea­sure was made.

In the Statute of 33. E. 1. Touching protections, granted by the King, it is said to have been provided. In the ordi­nance or definition of Conspirators made in the aforesaid Year it is declared that this ordinance and final definition of Conspirators was made and aworded by the King and his Councell in Parliament.

In the Statute of Champerty made in the 33d year of the Reign of the aforesaid King it is recited, that whereas in our Statute it was contained, and provided by a common accord, the writ framed thereupon mentioneth that law to be the Kings Ordinance.

In the Ordinance for enquests made in Parliament the same year, it is said to have been agreed and ordained by the King and all his Councell.

In the ordinatio Forestae made in the year aforesaid whereas certain people have by great men made request to our Lord the King that they may be acquitted of their charge, and the demand of the Foresters, our Lord the King answered that when he had granted Pour lieu, he was pleased it should stand as it was granted, albeit the thing was sued and demanded in an evill point.

Nevertheless he willeth and intendeth that all his demeasne lands, which have been of the Crown or returned unto it by 33. F. 1. Escheat or otherwise shall have free chase and free warren and in right of them that have lands and tenements disafforested for the said Pourlieus, and such as demand to have Common within the bounds of forests the intent and will of our Sove­reign Lord the King is &c.

And if any that were disafforested would rather be in the Forest, it pleaseth the King very well and our Lord the King willeth and commandeth the Justices of the Forest, &c.

In Anno 34. of his Reign there being an Ordinance for measuring of Land.

In the same Year the King by his Letters-Patents with the Teste meipso certifying the Statute de Conjunctim Feoffatis de­clared that it was no new thing that among divers establish­ments of Laws which he had ordained in his time upon the great and heinous mischiefs that happen in Writs of Novel disseisin chiefly above others he (as if he neither did know or believe any co-ordination, or that he was to be tutored by a Conservatorship) had devised a more speedy remedy then was [Page 357] before, and willeth and granteth that that Statute shall take his effect the morrow after the feast of St Peter ad Vincula next coming.

In the Statute for Amortising of Lands tempore E. 1. the King commandeth, &c.

In Ca. 4. Which seemeth to be about the 27th Year of that Kings Reign in the confirmation of all our Laws, Liberties, and Customes it is said that the King willeth and granteth, if any Statutes have been made or any customes brought in contrary thereunto, that such Statutes, and Customes shall be void for evermore.

And for the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall twice in the [...]. [...]. year cause to be openly read in their Cathedralls the said Charters and denounce curses against the willing in­fringers thereof, and the Archbishops, Bishops, &c. have vo­luntarily Sworn to observe the tenor thereof.

In the ordinatio pro Statu Hiberniae made by him at Nottin­gham by the assent of his Councel there being in Ca. 6. in what cases the Justices of Ireland may grant pardon of Felony &c. and where not, there is an exception so always that there be no pardon or protection granted of those Felonies which shall be hereafter committed without the Special Command­ment of us our selves.

In the Ordinatio Forestae made in the 34th Year of his Reign the King ordained.

The like in Ca. 2. That an Officer dying or being absent another shall be put in his place.

That no Forester should be put in any Assize or Jury the King willeth. Ca. 3.

The like touching the punishment of Officers surcharging the Forest. Ca. 4.

The like for Grounds disafforested. Ca 5.

Touching Commons in Forests and that the Justices of the Forest in the presence of the King's Treasurer, and by his Ca. 6. assent may take fines, and amerciaments, it is said, the King willeth.

In the Statute de Asportatis Religiosorum it being recited, that it came to the knowlege of our Lord the King by the grie­vous Complaints of the honourable persons Lords and other Noblemen, of this Realm that Monasteries and other Reli­gious Houses founded by the King and his Royal Progenitors, and by the said Noblemen, and their Ancestors, and endowed with great portions of Lands, that the Abbots and Priors espe­cially [Page 358] certain aliens Priors &c. have letten the said lands and laid great impositions and tallages thereupon, our Lord the King by the Councell of his Earles, Barons, great men, and other No­bles of his Kingdom (no Commons) in his Parliament hath or­dained and enacted.

That Religious persons shall send nothing to their Superi­ors Ca. 2. beyond the Seas.

That no Impositions shall be Taxed by Priors, Aliens, it is said, moreover our aforesaid Lord the King doth in­hibit Ca. 3. it.

By whom the Common Seal of the Abbys shall be kept and how used, it is said, and further our Lord the King hath Ca. 4. ordained and established.

And though the publication and open notice of the ordi­nances and Statutes aforesaid were in suspence for certain cau­ses since the last Parliament until this present Parliament hol­den at Caerlisle the Octaves of St Hilary in the 35 Year of the Reign of the said King, to the intent they might proceed with greater deliberation and advice, our Lord the King after full conference and debate had with the Earls, Barons, Noble­men, and other great men of his Kingdom (no Commons) touching the premisses by their whole consent and agreement, hath ordained and enacted, that the ordinances and Statutes aforesaid, under the manner, form and conditions aforesaid from the 1st day of May next ensuing shall be inviolably ob­served for ever, and the offenders of them shall be punished as is aforesaid.

And so well did he and the Lawyers of that age understand the Originall, Benefit, and use of the Feudall Laws, the An­cient Honour, Glory, and Safety, of the English Nation, their Kings Princes and People, as he did, (as the Learned Dr. Brady in his Answer to Mr. Petit [...] Essential and Constituent Rights of the House of Com­mons in Par­liament. fo. 117. Et ro. 10. E. 1. Ro. Scotiae & abinde ad 19. E. 1. and Judicious Dr. Brady hath asserted) in and by the right of the Feudal Laws, and their original grant of the Fees (without assent or advice of Parliament) give license to their Tenants to Talliate, Tax, and take Scutage for ayd of performing the Knight or Military Service, incident or chargeable upon their Lands; and likewise to Tenants (otherwise employed by the King) in Capite, though not in the Army to charge their Tenants with Scutage, warranted by the Writ following, in the 10th Year of his Reign directed to the Sheriff of Worce­ster in these words.

Rex Vicecomiti Wigorn. salutem, Quia dilectus, & fidelis noster, Hugo le dispencer per praeceptum nostrum fuit cum dilecto consanguineo & fideli nostro, Edmundo Com. Cornub. qui mo­am [Page 359] traxit in Anglia pro conservatione pacis nostrae, Anno regni nostri decimo, nobis tunc existentibus in Guerra nostra Walliae, Tibi praecipimus quod eidem Hugoni facias habere scutagium suum in feodis militum quae de eo tenentur in balliva tua, videlicet quadraginta solidos de Scuto pro exercitu nostro praedicto, & hoc nu [...]latenus omittas T. Edmundo Comite Cornubiae Consan­guine Regis apud Westm. 13 die Aprilis.

Et Consimiles literae diriguntur vicecomitibus Leicest. Ebo­rum, Lincoln. Suff. Wilts. South. Surr. Buck. Essex. North. Oxon, Berk. Norff. Staff. Rotel. & Justic. Cestr.

And a Writ on the behalf of Henry de Lacy Earl of Lin­coln, directed the Sheriff of York in the Words, Quia de­lectus & fidelis noster, Henry de Lacy, Comes Lincoln, non Ro. Scutag. 31. E. 1. m. 2. sine magnis sumptibus & expensis, ad Communem utilitatem regni nostri in obsequium nostrum per praeceptum nostrum, in par­tibus Franciae, pro reformatione patis inter nos & Regem Fran­ciae, tempore quo Eramus in Guerra nostra Scociae Anno videli­cet Segni nostri 31. Quod quidem obsequium loco servitii sui quod tunc nobis fecisse debuerat Acceptamus, tibi praecipimus quod eidem Comiti haberi facias scutagium suum de feodis militum quae de eo teneantur in balliva cua videlicet Quadraginta solidos de scuto pro Exercitu nostro praedicto, Et hoc nullatenus omittas Teste Rege apud Westm. 6. die Aprilis.

Consimiles literas habet idem Comes direct. Vicecomitibus Warr. Bedford. Buck. Somerset. Dorset. Glouc. Norff. Suff. He­reford. Leic. Lenc. Notting. Derby. Northampton. Midd. Cantabr. Oxon. Berk.

Another on the behalf of Henry de Percy in the form en­suing, videlicet, Rexvicecomiti Eborum salutem, Quia dilectus & fidelis noster Henricus de Percy fuit nobiscum per praeceptum nostrum in exercitu nostro Scotiae Anno Regni nostri 31. Tibi praecipimus quod eidem Henrico haberi facias Scutagium suum, de feodis militum que de eo tenentur in balliva tua, videlicet quadraginta solides de Scuto pro, Exercitu nostro praedicto, & hoc nullatenus omitas teste Rege, &c.

Consimiles literas habet idem Henricus Vicecomitibus Lincoln. Derb. Notting. Cant. Hunt. Norff. Suff. Salop. Stafford. Consimiles literas habent Executores testamenti Johannis de Watrenna quondam Comitis Surr. defuncti, probably the same man that being called to an account, Quo Warranto he held many of his Liberties, is said over Sturdily to have drawn out or unsheathed an old broad Rusty Sword, and shewing unto the Justices Itinerants, instead of his Plea answered, by this which helped William the Conqueror to Subdue England, [Page 360] which so much incensed the King as he afterwards, as some of our English Annalists have reported at his return home caused him to be Besieged in his Castle at Rigate, untill in a better obedience to his Laws he had put in a more Loyall and Legall Plea.

Had the like letters de Habend. Scutag. de feod. militum, quae de ipso Comite tenebantur die quo obiit in guerra Regis spe­ciale direct Vicecomitibus Surr. Sussex, Essex, Hereff. Buck. Lincoln. Northampton. Ebor. by writ of privy seal.

Consimiles literas habuit prior de Coventry qui finem fecit &c. direct. Vicecomitibus Warr. Liec. Northt. Glouc. Wigorn. Abissa Shafton qui fecit finem, &c. Habet Scutagium suum.

But if aids and Scutage were assessed by Parliament the mi­litary Tenants were to be the only Collectors thereof.

35. E. 1. In the Statute Ne rector prosternat arbores in Cae­miterio, it is said, that because we do understand that Con­troversies do oftentimes grow between Parsons of Churches and their Parishioners concerning Trees growing in the Church-yards, both of them pretending that they do belong unto themselves, we have thought it good rather to decide the controversy by writing then by Statute, and declaring them to be parts of the goods of the Church, the King did Prohibit the Parsons of rhe Church that they do not presume unadvisedly to fell them, but when the Chancel or the body of the Church wanted necessary reparations in which cases the Parsons of their Charity shall do well to relieve the Parishio­ners with bestowing upon them the same Trees, which he will not command to be done, but will commend it when it is done.

So happy and ready was the obedience & better Wisdom of the Subjects of this Kingdom in the ancient and former Ages, when an agreement made before the King or his word was adjudged to have the power & force of a Fine, & any one of his Writs or Edicts wanted not the operation and efficacy in ma­ny things of an Act of Parliament or Statute, and so dege­nerate and unhappy are our present times as to suffer our in­terest and wrangling peevish disputes, to disobey or lay aside not only the King's mandates and edicts in the ordinary and necessary course of his Government, but in extraordinary and his Supream power in Parliament.

Who was as well furnished with Common as he was with Civil Lawyers, which as a militia togata were as strong and impregnable forts and bulwarks to help to guard his Crown and Dignity, namely, Henry de Bracton, John de Breton, the sincere and upright John de Metingham, & Elias de Bec­kingham, [Page 361] together with Accursius Doctor utriusque Juris Civil and Canon Gilbert de Thorneton first his Attorney general, af­terwards Dugdales Origines Ju­ridic. & Ca­talog. Justic. Chief Justice ad placita cor am Rege, Gilbert de Row­bery, Roger Brabazon and William Howard a Justice of the Court of Common Pleas, cum multis in legibus eruditis & side dignis as to this day it appeareth in the steddy and unarbitrary pleadings and Records of his glorious Reign.

In whose Time it was not denied to be Law and Right Reason that that verificatio patriae Contra Chartam Regis non est admittenda.

And did in the making of his Laws but imitate his great Ancestors.

For King Ina who Reigned in Anno Domini 712. Conredi Leges An­glo-Saxoniae translatae per Abrah [...] [...] Whilocu [...]. patris sui Heddae & Ercenwaldi Episcoporum suorum omnium senatorum suorum & natu majorum sapientum populi sui in mag­na servorum Dei frequentia who in his making of his Laws did believe it necessary in his Imprimis to use the word precipimus.

King Alured who began his Reign in Anno Domini 871. made his Laws with a Proposuimus & esto and in those which were published by Johannes Bromp [...]on with a Praecipimus.

King Aethelstan who Reigned in the Year 930. made his Laws prudenti Ulfhelmi Archiepiscopi aliorum (que) Episcoporum suorum concilio with a Signif [...], Decrevimus, Statuimus & omnibus clare significat, and saith Brompton Mandat praepositis Brompton legibus S [...]icis. suis, and declared many of his Laws with a Volo & diximus & Ediximus & Placuit nobis.

King Edmund that began his Reign in Anno 940. made his Laws solemni Paschatis Festo frequentem Londini tam Ecclesi­asticorum quam Laicorum coetum celebravit cui inter fuerunt Odo & Wolstanus Archipraesul. plurimi (que) alii Episcopi with an Ego Edmundus Rex omnibus qui in ditione ac potestate mea sunt clare significo Decrevimus.

Edwardus Rex saith, Brompton made his Laws with a mandit & Praecipit omnibus praefectis & amicis ut justa judi­cia judicent & injudiciali libro stant & quod unum quod (que) placitum terminum habeat.

King Edgar who began his Reign in Anno 959. made his Laws frequenti senatu with a Sancivit Porro autem has populo (who were not then understood to be Law-makers) quas servet proponimus leges & publici juris beneficio quis (que) fruitor, and like his Predecessors made them short and impe­rative and his Canons in Ecclesiastical Affairs with a Docemus.

King Ethelredus who began his Reign in Anno Domini 979, made his Laws sapientum concilio habito Woodstoci Mer­ciae [Page 362] quae legibus Anglorum gubernatur solely & imperatively with an Esto.

Canutus Anglorum Dacorum & Norweglorum beginning his Reign here in England in Anno Domini 1016, made his Ec­clesiastical Laws solely and imperatively with an Imperimus sapientum concilio ad natale Domini. And his humanae & poli­tica sapientum concilio with an Omnibus observari praecipio, Edocemus & Esto, and touching his Dominions of Mercia with an Haec eadem in Mercia pro suis vendicat praeterea praecipimus, and an Esto, Satisfacto & poenas dependito, Com­pensato, Castigetur, Exterminetur, in potestatem detur, Ple­ctitor, Mulctator, mando Invitus cogatur, Habetor, & omni­bus & singulis in Dei nomine obtestor & praecipio.

Gulielmus Rex Anglorum cum Principibus suis constituit post conquisitionem Angliae qu [...]dam decreta with a Volumus & fir­miter praecipimus, Statuimus, Decretum est, Interdicimus, Prohi­bimus, Ch [...] Li [...]h­fielden. & when the English had in the 4th Year of his Reign fletibus & precibus by the assistance of his Norman Subjects also obtained of him a confirmation of King Edward the LL. Gulielmi Conquest. Confessors Laws, and to be governed by them, it is said to have been concilio Baronum after an enquiry throughout all Eng­land, and Certificate returned per universae Angliae consulatus Anglos nobiles sapientes & su [...] lege eruditos what those Laws and Customs were, Et cum Rex quae audisset cum aliis sui regni legibus maxime appretiatus est & praecepit ut ob­servaretur per totum regnum.

And they that will peruse the laborious Collections of my ever honoured friend Mr Edward Falconbergh, one of the De­puty Chamberlains of the Exchecquer, the truest lover and carefullest preserver (of the Records, entrusted to his Charge) that ever come into that place, the very ancient Gervasius Tilburiensis, Mr Agard Scipio le Squier, & many other learned men, in the revolution of more then in that Office 600 Years last past (not excepted) of the proceedings upon the very many Quo Warranto's, brought before the Justices Itinerant in their several Circuits, throughout all the parts of the Kingdom, in the Reign of King Edward the first as well High as Low, Lords Spiritual and Temporal, Ab­bots and Priors, Great or Small, therein sparing not his own Brother, Edmond Earl of Kent, may have premisses enough to conclude, that that Stout and Magnanimous Prince did (as our Common English saying is) lay about him, and had a mind to let his friends, the Kings and Princes, at the before mentioned Congress, at Montpelier in France under­stand [Page 363] that he knew how to perform what he had promised and undertaken.

And it was high time to do it and look about him, when the Benificiarii, his Tenants in Capite, would not be content to be gratefull, and allways keep in remembrance the Obli­gations incumbent upon their Lands, Estates, Ancestors, and Posterities past or to come, and their Oaths of Allegeance and Supremacy grounded thereupon, unless they might so work upon the favours, Indulgence, (and many times) ne­cessities of their Kings and Princes, as to procure as much as they could of their Regall power and Authority into their hands, as an addition to the many Manors and Lands for­merly bestowed upon their forefathers, severall Precious Flowers of the Crown, as Fines and Amerciaments, Assize of Bread and Beer, Felons, and Outlaws Goods, Year, Day, and Wast, Deodands, Waifs, Estreats and Herriot, fossa & furtas, Pillory and Tumbrell, &c. And the then over-power­ing Clergy, with their Multitudes of Abbotts, Priors, and several orders of Monks, Fryars and Nuns, working upon our former Kings and Princes Devotions and Liberalities; heightned and procured by their too many tales and fictions of Miracles and Relicques, attracted unto themselves and their several Houses and Societies as much of their Kings Re­galities, as could, with any Justice to themselves or the rest of their Subjects and people, or any reason, be required, or asked of them: And were Anciently so fearfull to loose what they should not in that manner have gained, as the Char­ter and Patent-Rolls of many of our ancient Kings never wanted the company of the many Confirmations of such kind of unbecoming grants; and it may moreover justly be attributed unto the over-much Clemency and Indulgence of our Common Parents, Kings and Princes, that in their many Acts of Resumptions of no small quantities of Manors and Lands aliened from the Crown of England, which as to its real Estate in Lands, is almost reduced to an Exinanition or much too little for a Royal Revenue, they have notwithstand­ing, without any diminution permitted their Feudatories to enjoy those very many Regalities, which made them live like so many Subreguli or Petty Kings or Princes under them, and leave them so far exceeding the Old Saxon Heptarchy, as Ten thousand Manors in England and Wales unto their great Regalities and Liberties can amount unto no less then a strange kind of Poliarchy in a Monarchy, which like Esau and Jacob Strugling in the Womb never after agreed together, [Page 364] which that great Prince King Edward the 1. suis & aliorum miseriis edoctus did endeavour to prevent, and leave it to his Heirs and Successors as it ought to be a most Ancient great and entire Monarchy.

Was so exact and carefull in the Causing of Justice to be done, unto his people and Subjects, as by himself or his Ju­stices Itinerant and Juries Impannelled to enquire according to certain Articles given unto them in writing, unto which they were to answer negatively or affirmatively, (not as is now used by the Justices of the Court of Kings Bench, twice every Year upon the Impannelling of the grand Juries of the County of Middlesex, or by the Judges in their several Cir­cuits to the Grand Juries of the several Counties or places, by their Learned speeches, and recommending unto them what they should enquire, and present what they know, and not tarry untill by chance or malice it be brought unto them) which for the most part proves to be as little effectual, as if they should be required to have a care of their Bill of Fare, or what good provision of Meat and Wine was to be had at Dinner, from whence well Luxuriated and Tobaccoed (as unto not a few of them) if they get home at any reasonable time of the night they have done their Countrey service, that they have, and all is well, and for the little that they know is like to continue. But it was not thought to have been enough in that our great Justiciar, King Edward the first his Reign, when he Commissionated some of his Justices to Impannell Juries in every Ward of London, where it was found and re­turned upon their Oaths in Anno 3. of his Reign, Quod Civi­tas In Bag [...] de Quo Warranto & in R [...]l. extract de ve­reditis Civit. London pro Rege tempore E. 1. London cum suis pertin. & cum Com. Middlesex tenetur in Capite de Domino Rege, pro certa Annua pentione, soluta ad Scaccarium Dominum Regis per Vicecom. London.

Quod Dominus Radolphus de Berners Mil. ten. unum messu­agium, duo molend. aquatic. cum pertin. in paroch. Sancti Botolphi extra Algate, quae vocantur the Knights fee, quod quidem Tenementum debet invenire Domino Regi unum servien­tem Armatum in uno Turretto Turris London, per xl dies tem­pore guerra, ad proprios sumptus & in ultima guerrae fecit defalc. &c.

Dicunt etiam quod in Com. Midd. sunt 7 Hundred. Wapp. & Tithing. & pertin. ad Civit. London, Palat. Westminster, Kene­ton, Judaismum, & Turrim, & Civit. London in manu sua.

Inquisitio facta per 12 Jur. de Warda Anketili de Alneran­zo Civis & Aldermanni London super certis Articulis ex parte Domini Regis E. Anno ejusdemtertio apud Sanctum Martinum [Page 365] magnum London eisdem Jur. tradit.

In which dicunt quod Civit. London & Turr. ejusdem, Westm. Com. Midd. sunt de Dominico Domini Regis, & quod reddant Domino Regi per Annum 400l, Item dicunt quod Wynton, Nor­thampton, Southampton, Oxon, Bristoll, Ebor. & al. Civitat. & Burg. quorum nomina ignorant, sunt de Dominico Domini Regis & reddunt certam pecuniae Summam annuatim, sed quan­tum ignorant.

Et quod Dominus Johannes quondam Rex Angliae, pater Do­mini H. Regis, dedit Elianorae tunc temporis Reginae Angliae Ripam Regiam in Civitate London, quae fuit de Jure, & est de Dominico Domini Regis.

In which that great princes inquisitions, and desire of ad­ministring Justice to his people, It is not to pass unobserved, that amongst all his Quo Warranto's what Liberties were Claimed in every part of the Nation, and every man that would enjoy them, driven not to conceal but Claim them, there was untill the 22 year of his Reign, when the disused house of Commons, first erected in and by Simon Montfort's aforesaid Rebellion, was again ordained to be elected with some modification, there was not any claim of Parliament Liberty, nor in any of our after Kings Reigns, nor is it at any time to be called a Liberty to be Crowded under that Denomination, for that it was but Transitory, not fixt to any person or Land, and was but vaga & incerta, that opinion of a would be Learned Lawyer and Recorder in the County of Surry reprehended openly by a Judge, that it was a privilege or liberty of Parliament, to use some Art by a Counterfeit Deed, or otherwise to make himself to be a Freeholder, with an Intent to be a Parliament-man.

Which Jury presented Pourprestures in stopping up the way betwixt Ludgate and Newgate, and from Newgate to St Nicolas Shambles, and to and from several other places within the City, that John de London and Gregory Rokesly re­ceived money of the King to pay his Debts, and retained a 3d part to their own use, and paid that which they did in bad money, that the Mayor, Shrieves and Aldermen of London, without the Consent of the Community, did Tax the men of small Estate and suffred the greater to escape, that after the Battell of Evesham the City was fined 20000 Marks, which was leavyed of the Commonalty, 5 of the Citizens be­ing excepted from pardon.

Et quod Dominus Rex habet in Dominico suo, quae pertinet ad dignitatem Coronae suae de antiquo Dominico aquam Thamess, [Page 366] quae incipit apud Youland ad introitum maris, versus Orientem, ex utra (que) parte us (que) ad pentem de Staines.

Caused Juries to be Impannelled and Presentments made, quae & quot maneria, quae esse solent in manibus Domini Regis, & de feod. Domini Regis, aut de antiquo Dominico, de firmis, Hundredi, Wapentach, &c. quot Hund. in Com. Middl. & de firmis antiquis, &c. of Malefactors, Assaults and Batteries felonies, Escheates, Lands aliened in mortmain, incroachments super solum Regis, pourpraestures and Stopping of streets or Pas­sages, for building upon the Kings ground, one whereof being presented by the Jury not to be ad nocumentum was arrented at 4d per Annum.

Who presented quod Edmundus de Cheyne tenuit prisonam de Fleta Serjeantiam de haereditate Johannae valet per Annum 10l. & per Serjeantiam Custodiend. priso­nes Domini Regis, & Palatium Domini Regis apud Westm. whereupon a Sine die was granted, but with a Salvo Iure Regis, &c.

Buildings super solum Regis ordered, to be beaten down, when they were ad nocumentum, and inquiries made de vinis vendit contra Assisam, purprestures in the passages of streets ordered to be altered and laid open, and the transgressors in misericordia and punished, a Toll taken unjustly by the Warden of the Fleet upon Fleet-bridge, and between that and Holborn-bridge prohibited, and the Warden fined, Stalls, Shops and Galleries built, or Posts and Walls erected super solum Regis in Civitate praedicta commanded to be taken down, the Overseer or Supervisor of Cloth in the City, presented for taking too much Custom of the Merchants, and other Money to conceal the Defects of Cloath, for which his Deputy being accused, petit quod possit admitti ad finem in hac parte priusquam Inquisitio fiat, & admittitur per finem 13 s. 4 d. per pleg.

It being presented that the Customers or Collectors of the Customs for the Wool (then a very great transportable Com­modity into Forreign parts) had taken a greater Custom then the usual Cockett, and as well of the English as Forreigners, ad dampm. Domini Regis, & oppressionem & depauperationem totius populi; they prayed to be admittted ad finem cum Domino Rege, and were accordingly; another was presented for setting up 4 Posts with Iron-Chains, ante Ostium Cellarii sui, and 2 of them cross the Street, Postea the Defendent came and Pleaded quod delevit predictos postes infra sum. Itiner. Et Jur. hoc testantur, & quia prius non delevit in misericordia; [Page 367] Peter Cosyn presented for building a Porch of 16 foot long in solo Regis, by which the Street was streightned, Et (quod) nullo modo possunt stare, Ideo prec. fuit vic. quod prosternere fac. quicquid sit ad nocumentum, Et def. in misericordia quia de facto suo; William Cosyn being presented for raising an Imposition or Toll in a street called Cosyn-street, through which the People fetched water from the River of Thames, Et predictus Williel, non venit, Et fuit attach. per &c. Ideo in misericordia, Et Jur. testantur quod predict. Will. levavit de novo 40d. per Anuum, Ideo Consid. est quod Dominus Rex Recuperet 13 s. 4d. pro predict. 4. Annis versus predict. Will. Et Idem Will. in misericordia; Et predict. venella reman. Communis ficut prius esse solebat, William de Dalby in misericor­dia, for that he having a freehold Tenement in Civitate ista did not appear before the Justices Itinerant; A mudd-wall built upon a peice of ground before the Church of St. Mich­ael Bassieshaw in Civitate London being presented to be ad nocumentum, was ordered to be thrown down.

Walter de Herbeston presented in Cripplegate Ward London for erecting certain barrs super solum Regis, who confessing it, was ordered to pull them down at his own Charge, and in misericordia quia prius non delevit.

Richard de Bakere presented for making a Well, the one half in his own ground, and the other super solum Regis. Ro­ger de Bellinger built 4 Stalls super solum Regis, which he said he was willing to pull down if they should appear to be ad nocumentum, & praec. est vic. quod deleantur si sint ad nocumen­tum, & nichil de misericordia quia non de facto praedicti Rogeri. Another was presented for setting up pales of Boards before his house in Aldermanbury in London, which not being denyed the Sheriff was ordered to pull them down, at the Charge of the Transgressor. Another for building a Chimney super solum Regis, which was ordered to be pulled down at the charge of him that did it.

William de Pontefrayt for suffering his Tenant Hugh Malyn since deceased, to build quendam gradum de Petra extra osti­um de Ten. 3 foot long super Regiam viam, and the Landlord himself about a Year before fecit quandam fenestram in eodem ten. 2 foot and an half broad and 3 foot long, appropriando sibi de solo Regis ad nocumentum, & non potest arrentari, Ideo prec. fuit vic. quod deleri fac.

Robert de Rofham 10 years before fec. unum ostium 4 foot long, ad ingressum cujusdam Cellarii in Chepe, extending it self into the Kings High-Way, appropriendo sibi de solo Do­mini [Page 368] Regis ad dampnum Domini Regis, & non potest arrentari Ideo prec. fuit vic. quod deleri fac.

The Dean and Chapter of St Pauls London, being presented for taking 12 s. per Annum rent for an house in Woodstreet, and Incroaching upon 20 s. rent out of another Tenement in London, with another rent of 70 s. per Annum out of another house, pro sustentatione Cantariae in Ecclesia Sancti Pauli Lon­don in perpetuum, who pleading that the King had Granted and confirmed unto them omnia Legatu, Donationes eis prius facta de quibuscunque terris, ten. seu redditibus in Civitate ist a seu suburb. ejusdem per literas suas paten. prout plenius apparet inter placita in Warda de Farindon Irrotulat, Ideo idem De­canus & Capitl. inde sine die, &c.

Hugo de Waltham being presented for building an house in the parish of St. Peters in Cornhill super solum Regis, for which an Anachoret paid 12 d. per Annum, and inclosed ano­ther part thereof with Pales 48 foot in length and 10 foot in breadth super solum Regis, and John de Oxon was the now Tenant thereof, who came and prayed that he might rent it at 12 d. per Annum, which was granted paying the King as much, the Jury finding it not to be ad nocumentum, &c.

Ric. le Taylor and others, presented for selling in the Night, veteres Pannos, Caligas & alia mercimonia in Decep­tionem ementium, cum per antiquam Consuetudinem usitatum in Civitate, nullum mercatum ibi teneri debint, nisi post ortum solis us (que) ad horam nonam vesperarum die, Ideo prec. est vic. quod venire facias. And thereupon the Offenders were pro­hibited to do so no more, and the Mayor and Sheriffs in­joyned, quod mercata de caetero non teneantur in London, post horam vesperarum pulsatam in Ecclesia Sancti Thomae de Aconia in Civitate London, Et postea Proclamatum fuit, (the Mo­dern and too frequent impudent cheating Custom of false­lights purposely built in or near Shops in the street side not then held to be Godly, or to fignify any more then to shew where a Knave dwelleth.)

Presented some that had Money to pay the Kings Debts and paid but part of it retaining the residue to their own use.

And some of the Company of the Weavers in London for making an Order for exacting a greater rate then was due for their Works.

That Richard de Rofham & al. fecerunt quandam Con­gregationem ad aulam plumbatam super Cornhil.

That Johanues de Wengrave dum fuit Major Civitatis London, took of the Vintners of London 50 l. ut permitteret [Page 369] eos vendere Lagonem Vini ad 5 d. & 6 d. ubi vendidisse debu­issent ad 4 d. tantum ad dampnum totius populi Civitatis, Ideo prec. fuit vic. quod venire fac. And that the said John de Wengrave in the taxing of the Subsidy in the City of London, ad opus Domini Regis, by imploying 2 Men in every Ward, ad opus voluntatem suam, did cause to be Leavyed de mediocri populo Civitatis, and when they were to leavy 200 l. ad opus Domini Regis, did leavy de mediocri populo Civitatis 300 l. retinendo inde ad opus suum proprium 100 l.

And that the said John Wengrave and his Confederates being to collect in the City of London 1650 Marks, for a sine, imposed for a trespass done to the King, for breaking down a Wall juxta Turrim London per quosdam de Civitate praedicta, retained to their own use 650 Marks, in praejudicium Domini Regis & dampnum ejusdem mediocris populi, Ideo prec. fuit vic. quod venire fac. eum, &c.

Likewise that the said John Wingrave whilst he was Mayor of London did sell 15 dolia Vini in Grosso, & ad Re­talliam pretii cujuslibet dolii 3 l. post Statutum, Ideo prec. fuit vic quod venire fac. eum, & postea testatum est quod praedictus Johannes de Wingrave non est invent, &c. sed quod distrinxe­runt eum per Exit. quorundam ten. & ipse non ven. Where­upon the King by his Writ directed unto Hervey de Stanton one of the Justices Itinerant, Reciting the whole matter, commanded him to certify the said presentment to the Trea­surer and Barons of the Exchecquer, that they might accor­ding to Law take order therein.

Presented that the Dean and Chapter of St Pauls in London, had incroached upon a large peice of ground near that Church, where the Mayor and City of London were accustomed to keep their Folkmote, and also Muster and shew their Arms, being solum Regis, and other large peices of ground towards St. Augustines-Gate, unto which they pleading divers Grants and Charters of some of the Kings Royall Progenitors, the King by his Writ adjorned the process and pleading therein to be heard and determined before himself, ubicun (que) fuit in Anglia in Quindena St. Michaelis prox. commanded the Dean and Chapter there also to attend at the same time.

Johannes de Cumbuelle Constable of the Tower of London, was presented for taking Toll, Custom, and Victualls of such as fish upon the River of Thames near unto the Tower, who pleaded that he took it for the Kings use, and had ac­compted for it in the Exchecquer.

Postea predictus Johannes recessit in Contemptum Curiae, Ideo [Page 370] praec. fuit vic. quod distring. eum, & quod habeat corpus ejus coram Thesaur. & Baron de Scaccario in Quindena Sancti Mi­chaelis ad audiendum Judicium.

Presented William de Broy Arch-Deacon of London and o­thers, for Extortions as Officers and Clerks in the City, who made falsas & fictas Actiones & per minas, extorserunt divers great sums of Mony, & prec. fuit vic. quod venire fac. who came and denied the Extortion but would not put themselves upon the Jury, but the Justices declaring unto them that when they are charged in the Court for Trespass against the King, Et non vellent se ponere in Jur. Patriae ad ipsos inde acquietand. per quod Jur. secundum Legem & Consuetudi­nem Regni Capiend. finalis Exitus debet fieri, they were other­wise to proceed.

Whereupon the Defendants not denying their offences, but refusing to put themselves upon the Jury, submiserunt se gra­tiae Domini Regis in ea parte, & ideo ad Judicium, & postea petunt dimitti per plevinam, & eis conceditur.

And it was moreover presented ex parte Comunitat. London, quod omnes Tabernarii, vina vendentes ad retalliam in Civitate ista, had by Confederacy amongst themselves, ordained that they would not suffer any, that buy Wine of them, to see it drawn out of the Vessel, & sic predicti Tabernarii Vina sua vendunt in locis absconditis & obscuris, per quod plures Homines bibentes de Vinis illis aliquando gravitur infirmantur, & quidem ea occasione moriuntur, Ideo prec. fuit vic. quod venire fac. omnes hujusmodi Tabernarios, &c.

Whereupon some of the Taverners their Drawers or Vad­lets, as they were then called, came and not denying the fact, were fined 20 Marks to the King, unde quilibet eorum pleg. alterius &c. Et injunctum est iis quod de caetero permit­tant vina Emere volentibus videre vinum & dolium de quo bibere debet, & quod Emptor videat ubi & quando vinum ex­trabatur de Dolio, & similiter Proclamatum est quod Emptores Vinorum de caetero non impediantur ad videndum vina sicut In­junctum fuit Tabernariis, &c.

And Juries were also Impannelled to certify who were a­merced sine rationabili causa & ultra quantitatem delicti, & non per pares, &c.

And was so allways ready and willing in the Administration of his Justice, for the good of his Subjects, as in the 3 year of his Reign, he did cause an Act of Parliament to be made to punish frauds and deceits, in Serjeants or Pleaders, in his Courts of Justice, under no less a Penalty and Punishment then a [Page 371] Year and a Days Imprisonment, with a Fine and ransome at the Kings pleasure, and be never more after suffred to practise in 3. E. 1. ca. 39 any of the Kings Courts of Justice. And if it be an Officer of Fee his Office shall be taken into the Kings hands, and whether they be of the one kind of the Offenders or orher, shall pay unto the Complainant the treble value of what they have received in like manner.

And thus that great King by the Testimony & Applause of the Age wherein he lived justly merited the Honour to be Inrolled in the Records of Time History and Fame, for a most Prudent and valiant Prince, & in his personal valour much ex­ceeding that of the exttaordinarily Wise Solomon, Alexander the great, Julius Caesar, the politique Hannibal, the wary Fa­bius, or his valorous and daring great Uncle Richard the first of that name King of England, rendred himself equal to all the great Kings and Captains that lived before or after him.

And might have thought himself and his Successors to have been in some condition of safety when the Writ or Election of Members in the House of Commons in Parliament were to be only by his own Writs and Authority, and the Sheriffs who were not the Parliament Officers but the Kings, and by the Law to be sworn unto him not unto both or either of the Houses of Parliament, and were strictly to observe and execute his Writs and Mandates.

SECT. XIX.

That the Sheriffs are by the Tenor and Command of the Writs for the Elections of the Knights of the Shires and Burgesses of the Parliament Cities and Burrough-Towns, the only Judges under the King, Who are fit and unfit to be Members in the House of Commons in Parliament, and that the Freeholders and Burgesses more then by a Just and Im­partial Assent, and Information who were the Fittest were not to be the Electors.

FOr the Commissions or Mandates of Inferiour Judges, Magistrates or Courts, or their power and authorities over executed, and further then the true Intentions and proper Significations of the words therein not overstrained or racked, or not as they ought to be duly executed, are in our and the Laws of most of the Nations of the World, accounted to be void & liable to punishment.

[Page 372] And it ought not to Escape our or any other mens obser­vations that the County Court of a Sheriff is as Sr Edward Coke Cokes 4th In­stitutes ca. 55. & tit. Parlia­ment. fo. 6. saith no Court of Record, and is in it self of so Petit a Con­sideration as it holdeth no Plea of any Debt or Damage to the value of Forty Shilings, or above, or of any trespass vi & armis, because a fine is thereby due to the King, is Called the Sheriffs County Court, and the Stile of it is Curia Vice­comitibus, the Writs for the Summoning of the Commons or Barons of the Cinque-Ports, who have been (since 49. H. 3.) and the allowance thereof in 22. E. 1. after a long discontinu­ance accompted as Burgesses are directed to the Warden or Guardian of the Cinque-ports, as they are to the Sheriffs of every County for the Choice and Election of Knights, Citizens, and Burgesses.

And the Sheriffs authority, as to that particular affair, is so Comprised in the Writs, as they are not to swerve or depart Elsiugs anci­ent and pre­sent manner of h [...]lding Parliaments. ca. 1. 57. from the tenor or purport thereof, which are made by the Chancellor of the King, or Keeper of the Great Seal of Eng­land, & sometimes by a Warrant under the King's own hand, as in the fifth year of the Reign of King Eward the 3d in the words following, viz.

Rex Vicecomiti Eborum Salutem Quia propter quaedam mag­na & ardua negotia nos & ducatum nostrum Aquitaniae, ac alias terras nostras in partibus trausmarinis, pro quibus ad easdem partes nuper Solemnes nuntios nostros destinaverimus Contingenti (que) in ultimo Parliamento nostro a quibus certis Causis terminari non potuerint, Parliamentum nostrum apud Westmonasterium die Lunae in Crastino quindeux Paschae, proxi­me futurae teneri, & cum Praelatis, Magnatibus & proceribus dicti Regni ordinavimus habere Colloquium & tractatum tibi praecipimus firmiter Injungentes quod de dicto Comitatu duos milites, & de qualibet Civitate Comitatus illius duos Cives, & de qualibet Burgo duos Burgenses, de discretioribus, & ad Laborandum potentioribus eligi, & eos ad dictum diem & Locum venire faciatis, ita quod milites plenam & sufficientem potestatem pro se & Communitate Comitatus praedicti, & dicti Cives & Burgenses pro se & Communitate Civitatum & Bur­gorum divisim, ab ipsis habeant, ad faciendum & Consentien­dum iis quae tunc de Communi Concilio (favente Deo) ordinari Contigerint super negotiis antedictis, ita quod pro defectu hujus­modi potestatis dicta negòtia ineffecta non remaneant quovis modo, & habeas ibi nominia praedictorum militum, Civium & Bur­gensium, & hoc bre, & hoc sicut nos & honorem nostrum, & tranquilitatem & quietem dicti Regni diligitis, nullatenus [Page 373] omittatis &c. T. Anno 5. E. 3. 17. Febr. per ipsum Regem.

Wherein none of the Spirituall and Temporal Barons or their Tenants for the Land anciently belonging unto their Baronies, or the Clergy, having no Lay Fee Tenants of the King, and Ancient demesne, though many of those kind of Tenants do take upon them to do it, Abbots and Priors, Monks or Fryers, which latter are to be accompted as dead Persons in Law, Copy-holders and Widdows are neither to be Electors or Elected, nor Persons attainted of Felony or Treason Outlawed, or Prisoners in execution for Debt, and the Sheriffs in their returns or Indentures are not to return, as they Cromptous Jurisdictien of Courts. 11. did sometimes, or do now, that the Freeholders elegerunt, but that the Sheriff elegi fecit, as was done in 8. E. 2. by a Sheriff of Roteland quod Elegifeci in pleno Comitatu per Com­munitatem totius Communitatis illius duos milites de discre­tioribus.

In a return of a Writ of Summons in 18. E. 3. Drogo de Ba­rentine the Sheriff of Oxford and Berkshire returned, that Ri­chardum Pryns brevia Parliamenta­ria redi viva. 145. & 148. de Vere militem, & Johannen de Croxford de Com. Oxon, Richardum de Walden & Johannem de Vachell de Com, Berk de assensu & arbitrio hominumeorundum Com. nominatos premuniri feci & firmiter injunxi quod sint ad diem Locum &c. And a Sheriff of Leicester and Warwickshire mentioning the day when the Writ of Summons was delivered unto him, saith it was per manus cujusdam exteanei de Garderoba Domini Re­gis q [...] nomen suum sibi nonnominavit nec billam expectavit, and that he had thereupon chosen Robert de Wileby Miles de Com. Leic. & qui manucapt. fuit per Johannem Clerke & Johannem Russell Johannem Peche mil. de Com. War. per manucapt. Johannem Walkere, Willielmo peniter.

For although it hath been said, and sometime taken for a Rule in our Laws, as well as in others in some cases, that qui facit peo alium facit per se, yet such trusts as those are as little transferrable as that of a MemberShip of the house of Com­mons in Parliament to one that was never elected, and the Sheriffs are not to trust either Ignorant or Factious men, by packing and juggling one with another to choose Boys or Youths under the age of 21. of which sort as Mr Pryn hath publiquely declared there have been above Twenty at a time in the House of Commons in some of our late unhappy Parlia­ments; or Debauches, Hereticks, or Anti-Trinitarians as one was in one of Oliver Cromwells mock-Parliaments and ejected for it, or an Atheist; in regard that besides some particular clauses of their Writs mentioned, it is allways expressed that the busi­ness [Page 374] for which the Parliament was likewise to be Assembled was pro defensione Regni & Ecclesiae Anglicanae which do ma­nifestly declare the Intention of the King and his Writs to be, that the Madheaded people led by Drink, Ignorance, Interest, Bribes, Fear, or Flattery are not to be suffered by Sheriffs to chuse Papists Fanatiques or Rigid Presbyterians, the greatest or most Inveterate Enemies to the Church and Kingdom, or the Sons of such as Sate in the Horrid Convention that mur­dered their King, and when they should make their Electi­on de prudentioribus & Discretioribus, let Fools Knaves and Drunkards chuse one another; for howsoever the House of Commons have been heretofore filled with some, or moulded otherwise then they should be, yet the Intention of the Writs was never ro Introduce such Fiery Tempers or Granadiers as should do what they Could to Fire all within and without, and Elect all the new-fangled untryed Innovations they Can, and encourage others thereunto, before they know how to Understand them; make Remonstrances and Har­angues, and print and publish them to the people against the Government, Fundamental Laws, and the just rights of their Sovereign, and their Succession the former and later, of which the Politiques of former Ages and Queen Elizabeths blessed Reign, would never think sit to be there disputed, and the perclose or later part of those Writs, that one part of the In­dentures should be retorned to the King in his Chancery may evidence that the Intention of those Writs and of him that gave them their breath, and authority, was, that the approbation and allowance of the Elections should ultimately reside in the Sovereign, which gave occasion to Oliver Cromwell in his Usurped Kingship, under the Counterfeit title of Protector of his Fellow-Rebells in an Instrument of his own making, to re­serve to himself and his Privy Councell the power of allow­ing and disallowing such as should be Chosen to be Mem­bers of the House of Commons in Parliament.

For by Law it is intended that the King should have the approbation of the men elected, and therefore to that end one pair of the Indentures are to be retorned to the Clark of the Crown in Chancery & our Kings in their Parliaments that Succeeded the 21th Year of the Reign of King Edward the first, as well as the tenor & purport of the Writs, did provide that the Sheriffs who are the Kings, Officers & not the Peoples, should according to the Kings Writs be Judges of the fitness, or unfitness of the persons Elected or to be Elected, and did therefore to prevent the defaults of due Elections, ordain Pe­nalties [Page 378] to be laid upon them for making false retorns or doing wrong therein and give directions unto them how in many things to manage the affairs in such Elections, as in 7. H. 4. 15. where it was Complained that the Sheriffs made the Ele­ctions according to affections or otherwise, 11. H. 4. that undue Elections should be enquired of by Justices of Assize, who should have power to enquire of false retornes made, and to examine and Fine the Sheriffs making default at 100 l. and the Knights unduly retorned were to lose their Wages of old time accustomed; and by an Act of Parliament made in the 6th year of the Reign of King Henry the 6th, the said Sheriffs and Knights were to be admitted to their answers, and traverse to such en­quests taken (which must be understood to be either in the Kings Court of Chancery or Kings-Bench, where the King himself is supposed by Law to be present) and the Knights Daltou [...] offici­um Vicecomi­tum. 417. [...] should not be endamaged to the King, his Heirs and Successors by any such enquest untill they should thereof be Convict ac­cording to the form of the Statute of the 1. of H. 5. 1. Knights and Burgesses should be Chosen of such as be resiant 8. H. 6. ca. 7. The People that were to Chose (or rather to assent) were to have 40 s. per Annum Freehold, and none to be Chosen Knights of the Shires that have not above, and the Sheriffs were Impowered to examine upon Oath how much every one in giving his Vote or Consent to the [...] Election might expend by the Year.

And by the Statute of 23. H. 6. 15. the Sheriffs is to make his Precepts to the Mayor or Bayliff of Cities and Parliament Burgess Towns, who were to take Care of due Elections and Cokes 4 pars Instituts [...]. parliament. retorne the Indentures to the Sheriffs and the Penalties given to the King, and they that should be mischosen and Sit in Par­liament are to forfeit 100 l. to the King, and as much to the Party duly Elected, or to them that will Sue for the same, wherein no wager of Law or Essoyne is to be allowed, but such process as are to be awarded, as in trespass at the Common Law: and Brooker a Sheriff of Wiltshire was in the Reign of Queen Elizabeth, prosecuted in the Court of Starr-Chamber upon Dier fo. 6 [...]. an Information for perjury at the Queens Suit for a false Re­torne made of Sr John Thyn to be Knight of the Shire for the said County in Parliament, whereas in truth Penruddock was Chosen by the greater number of the Freeholders in the said County in deceit of the County and of the whole Realm.

And the Sheriffs and the Chief Magistrates of every City and Burgess town, every Knight of the Shire and Burgess of Parliament ought by the mandate and tenor of the Writs, [Page 376] and as the Indentures which are not made betwixt the Ele­ctors and the Elected, but betwixt the Electors and the Sheriff do ordain to take Care that the Knights should have plenam & sufficientem potestatem pro se & Comunitate Comitatus, and the Burgesses Chosen for every City and Burgess town: ad faciend. & Consentiend, &c. which in a Just formality of Law ought to be signified to the King in his Chancery by their Indentures as an Instrument or Deed of procuration or let­ter of Attorney which the after Clause Ira pro defiatu pote­statis doth Intimate to be a thing so necessary as without it they might be rejected, if it should be Insisted upon, for surely the King that by his Writ for the Election gives the power and license to his Sheriffs to Elect Knights and Bur­gesses to come unto the Parliament, is to have so much Con­troll and Power over it, as to examine whether they were duly Elected, and upon occasions of death, undue Elections, or other Incapacities to Cause new Elections to be made, wherein although the House of Commons have in this our Century, or an hundred years last past, been willing to save the King and his Ministers of State a labour, and upon the death or removall of a Member have usually sent their War­rant or Certificate to the Lord Chancellor or Keeper of the Great Seal of England, or the Clark of the Crown for the Election of others; the learned Lord Chancellor or Keeper Egerton, scrupling such a kind of proceeding, wished it might be otherwise, and the President of Simon de Monforts Rebellious first institution of an House of Com­mons, in his new unexampled kind of Parliament in the 49th year of the Reign of King Henry the 3, cannot be so racked or strained, as to Warrant any such proceeding, for even then, when he was those Rebells prisoner for an Year and a Quarter, they could not tell how to adventure upon such a kind of new and self authority; yet it hath been by the permission and Indulgence of our Princes, who have thereby too much given them the opportunity and advantage of making one evil action to be a Custom, for all that have been but a little acquainted with our Laws and Records may without derogation to that part of the honourable Court of Parliament, of which it hath been well observed and said in the Earl of Leicesters Case, No man ought to Speak or think dis­honourably Plowdens Com ment in the Case of the Earl of Leice­ster. of them, believe that it is a matter particularly and especially only appropriate and belonging to the King and his Supreme authority and dignity, and the Elections are so entrusted by the King to the care of the Sheriffs & his Officers, [Page 377] as in the Choice or election of Coroners or Verduters de assensu Comitatus by the assent or good likeing of the Common Peo­ple Register of Writs. 177. of the County, there is in the Conclusion of the Writ a Speciall Clause to Certifie the name of whom they had Chosen, which if the King were not therein to give his allow­ance or refusall, would be altogether Insignificant and to no Purpose.

And by his Sovereign power notwithstanding his appro­bation Register of Writs. in such an Election it was never denyed to be lawfull and for the weal Publique, that the King upon Information that the Coroner so Chosen was aliis detentus negotiis, and could not attend the duty and employment of that office, or was Surprized with a dead palsie, or had not Laws Sufficient in the County, or lived in the further part thereof so that he could not conveniently execute the said office, or was elected Sheriff or a Verdurer in a forrest, or that Quidam R. who was elected by the Sheriff de assensu ejusdem Comitatus, was not a Knight, as the statutes concerning the making or ele­cting of Coroners directed, and had not 5l. per Annum Land of Freehold, yet the Sheriff had elected him into that office, to Command the Sheriff to chuse another in his Place de assen­su Comitatus qui melius Scire & possit ad illus intendere, & quod nomen ejus Scire faceret &c. or when a Verdurer was adeo languidus & semo confectus as he could not attend the exe­cution of the office, another should be elected in his place de assensu Comitatus, & nomen ejus scire faceret.

And it is not like to be any disparagement to the Judge­ment or knowledge of any man of the Law to acknowledge that the Writ of Conge de Eslire granted by the King to a Pry­or Fitz-Herberts nat. bre. 170. E. 1. 3. Articuli Cle. 2. & 25. Register of Writs in the Case of an Abbot. 294. and Covent to elect an Abbot, or Dean and Chapter of a Diocess to elect a Bishop, when the King hath before hand nominated the man by an especiall Clause takes care that he be regno & Regi utilis & fidelis, and that after his election and the formality of the election by the Dean and Chapter dispatched, there is a Writ de Regio assensu to Confirm that election, followed by another to the Escheator to restore unto him the temporalities in the form following.

Rex dilecto & fideli suo J. Justiciario suo Hiberniae salutem, Cum dilecti nobis in Christo Decanas & Capitulum Ecclesiae de B. vacante nuper Ecclesia sua praedicta per mortem bonae memoriae Lucae nuper Episcopi loci illius dilectum nobis in Christo M. J. Decanum Ecclesiae predictae in suum Episcopum elege­runt & pastorem, & nobis per suas patentes literas: Suppli­caverunt, ut Electioni Regium assensum adhibere dignaremur: [Page 375] Nos licet idem Decanus & Capitulum prius a nobis eligendi licentiam non postuleverint, ut est moris, volentes tamen eis hac vice gratiam facere specialem, eidem Electioni Regium assensum Duxerimus adhibendum, nolentes quod, quamvis ipsi hujusmodi licentiam mini ne [...]runt, molestentur in aliquo seu graventer, volentes insuper eidem Electo, ut ipsius parentur laboribus & expensis, gratiam facere uberiorem vobis dedimus po­testatem, quod si Contingat Electionem hujusmodi per loci Metro­politanum Canonicum Confirmari, & vobis inde per literas paten­tes loci ipsius Metropolitam, nobis inde directas constiterit, tunc fidelitatem ipsius Electi nobis debitam in hoc parte nostro nomine recipiatis, & ei temporalia Episcopatus illius, prout moris est, re­stitui faciatis vice nostra receptis prius ab Episcopo Electo literis suis factis Sigillo suo, & sigillo Capituli sui Signatis, quod gratia nostra, quam eidem Electo ad praesens ex mera libera­litate nostra fecimus nobis vel haeredibus nostris non Cedat in praejudicium, &c. T. &c.

And may remember that when the Papall Clergy were Culminated in their highest Zenith under the domineering power and Insolency of the Popes their Incouragers and Pro­tectors, and so high as upon the vacancy of Bishopricks or other dignified Ecclesiastick preferments they that sought for those places would hasten to Rome, nd get Bulls of investiture from the Pope upon the Kings unwilling recommendation, which though a politick fear had made King Henry the 8. for a Time to Condiscend unto, yet he was Carefull to make the party so preferred to appear at his return before him, either in person, or by proxy, and renounce every Clause in Burnetts hist. of the reforma­tion of the Church of England. 1. part. 11. the Popes Letters or Bulls that might prove derogatory to his Crown and Prerogative or the Law of the Land, and Swear Fealty, and Allegeance unto him, and thereupon Writs were ordered to be made out of the Chancery for a new Election, if none had been before made by the Dean and Chapter of the Diocess, or afterwards for the Kings allowance of an Election Ro. Claus. 4. E. 3. to be made by the Dean and Chapter and a restitution there­upon of the Temporalities.

And Fitz-Herbert a learned Judge hath informed us that if a Dean and Chapter should elect a Bishop without the Fitz-Herberts natura brevi­um. 170. Kings assent, and after make a Certificate thereof to the King, he may assent thereunto or refuse to do it, if he please, and if he do assent thereunto a speciall writ is to be made to some Person to take his Fealty and to restore unto him his Tem­poralities in the form aforesaid.

And our Kings have not only done it in the Election of [Page 379] Coroners and Verdurers, but in matters of an higher nature viz. the Election of Members of the Commons in Parliament in Elsings anci­ent & present manner of holding Parli­aments in England. Ca. 1. 65. 66. the Case of Sr Thomas Camois Banneret (which saith Mr Elsing) did not, as a Baron, antiently use to serve as a Member in the house of Commons in Parliament, as appeareth by the Kings writ directed to the Sheriff of Surrey for a new Election in the Stead of the said Sr Thomas Camois, wherein the reason Ro. Claus. 7. R. 2. in dorso. m. 32. is expressed in these words: Nos animadvertentes quod hujus­modi Banneretti ante haec tempora in milites Comitatus ratione alicujus Parliamenti minime consueverunt eligi.

And was afterwards as a Baron summoned into the House of Peers in Parliament, and the Kings servants have likewise had exemtions, as when James Barners was discharged quia de retinentia Regis, familiaris & unus militum Camerae Regis. Ro. Claus. 7. R. 2. 28.

The servants of the Queen and Prince enjoying also the like Priviledges.

For the same year there appeareth to have been an exem­tion and discharge of Thomas Morvill, Quia est de retinentia Charissimae Dominae & matris nostrae Johannae Principissae Walliae.

A Verdurer being Chosen in a forrest beyond Trent, and the King upon a Suggestion made in Chancery, that he had Register of Writs 177. & 178. not Lands and Tenements Sufficient within the Limits of the Forrest, nor was resident therein, having Caused another de àssensu Comitatus to be elected, did upon better Informa­tion by the Justice of that Forrest, that he had Lands and Tenements sufficient, and was fit for the place, super­sede the later Writ, and Commanded that he that was for­merly elected should be permitted to execute the said Office.

In the first year of the Reign of King Edward the 1st the King being Informed that one Matteville having been elected 1. [...]. 1. Ro. Claus. 1. part. Coroner of Essex, de assensu Comitatus officium praedictum ex­plere non potuit, sent his Writ to the Sheriff of Essex to elect per assensum Comitatus, one that should be able to execute that office, with a Command to Certifie the name of the par­ty to be so elected, which a King that is sui Juris and not governed by those he should govern, might surely better do, then a private man who is never denyed the refusall of one elected, that is not fit for the ends and purposes for which he was Chosen; as if a Carpenter should by a mistake of a friend or servant, be hired or employed to do the work or business of a Farrier; or a Farrier of an Apothecary.

And it should be no otherwise, when all the Laws of the World where right reason and morality have any Influence, [Page 380] or any thing to do, have ordained and allowed a retorn or attempt to be given of Writs, Proces, Mandates, or Precepts, well or evill executed, unto those that had authority to grant them, and how they had been observed and obeyed; which was the only reason, end and design, of such retornes and at­tempts to be given thereof.

In the yearly nomination and appointment of Sheriffs of the Counties of England and Wales, the Judges of the severall Circuits do elect six whom they think fit to be Sheriffs for e­very County, which upon Consideration had by the Lord Chancellor, or Keeper of the great seal of England, Lord Treasurer, diverse of the Lords of the Kings Privy-Counsell, some Officers of his Household, and the aforesaid Justices, being reduced to three for every County, their names are to be presented to the King, who Chooseth One for every County, who is afterwards Sworn and made Sheriffs by his Letters-Patents (the former being discharged) and not sel­dom upon better Information given to the King, altered, and another named by him, the Mayor and Sheriffs of London, and the Mayor of Oxford being elected, according to their Charters, are to be Yearly presented and Sworn before his Barons of the Exchecquer, before they can Exe­cute or Intermeddle in their Offices, and a Sheriff hath some hundred years ago been amerced and in misericordia quia retornavit & elegit alios quam milites in brevi de Assiza.

And with the same reason, and rule of Justice, it hath been done in the undue and Illegall Elections of some Members of the House of Commons in Parliament, upon Complaint made, by remedies provided in the 36th year of Claus 36. E. 3. m. 2. & 3. in dorso. the Reign of King Edward the third, as may be evidenced by the view and consideration of the Records ensuing in these words, viz: Rex Vicecomiti Lanc. salutem, quia su­per Electione facta de militibus pro Communitate Com. praedict. pro ultimo Parliamento nostro in Com. praedict. venientibus maxi­ma alteratio facta existit, nos ea de Causa volentes super electione praedicta plemius certiorari tibi praecipimus quod habita in pleno Com. tuo super electione praedict. Cum militibus & allis probis hominibus de Communitate dict. Com. de Libera­tione & Informatione diligentibus utrum viz. Edwardus Lau­rence & Mathaeus de Risheton qui in brevi nostro de Parlia­mento praedicto tibi directo retornati fuerunt pro militibus dicti Com. electi fuerint an alii, & si per deliberationem & In­formationem hujusmodi inveneris ipsos de Communi assensu totius Com. pro militibus dicti Com. electos fuisse tunc habere [Page 381] facias eisdem Edwardo & Matheo decem & octo libras & duodecem Solid. pro expensis suis veniendi ad Parliamentum praedict. ibidem morando, & ex inde ad propria redeundo, viz. pro quadraginta & septem diebus utro (que) praedictorum Edwardi & Laurentii Capiente per diem quatuor solidos, & si alii pro militibus ejusdem Com. electi fuerint tunc nos de nominibus eorum sub sigillo tuo in Cancellaria nostra reddas certiores hoc breve nobis remittens Teste Rege Decimo Septimo die Novembris.

per ipsum Regem.

But it seems that took no effect, for Mr Pryn in his Mar­ginall note saith, that they made no retorn as they ought to have done (so early did the design of a factious popularity to provide for themselves, begin to take root, by the calling of an intended Elected part of the Common People of England into the great Councell thereof) as the Tenor of the Subjoyned Writ will manifest in the form ensuing, viz. Rex dilectis & fidelibus suis Godfr. Foliambe & sociis suis Custodibus pacis nostrae in Com. Lancastr. Salutem cum nuper pro eo quod super Electionem (recitando us (que) redder et nobis Certiores) ac jam intellexerimus quod praedicti Edwardus & Laurentius qui locum tenentes dict. vic. existunt & retornum brevium nostrorum Com. praedict. faciunt breve nostrum praedictum penes se retinent & executionem aliquam inde hactenus facere non Curarunt, & nihilominus vadia illa indies levari faciant in nostri deceptionem manifestam nos volentes hujusmodi deceptioni obviare vobis mandamus quod prox. Sessione vestra vocatis Coram vobis militibus & allis probis hominibus ejusdem Com. & aliis quos noveritis evocando diligentem Informationem, & inquisitionem super praemissis capiatis & de eo quod in hac parte inveneritis nos in Cancellaria nostra sub Sigillis vestris aut alicujus vestrum distincte & aperte sine dilatione redda­tis Certiores hoc breve nobis remittentes T. R. apud Westm.

per ipsum Regem.

Et mandatum est vic. Lanc. quod levationi dictorum vadi­orum Supersedeat quous (que) aliud inde de Rege habuerit in man­datis T. ut supra.

per ipsum Regem.

Upon which Mr Pryn observeth, that the King in that age, not the House of Commons, examined and determined all Pryns 4 part Regist. of Par­liamentary Writs 259. 260. & 261. disputable and undue Elections Complained of, and ordered that the Knights whose elections were unduly made, should not receive their wages or expences, untill the Legality of their elections were examined; and that the King may cause the Elections to be examined, by speciall Writts to the Sheriffs [Page 382] or Justices of the Peace, in his default, to Enquire and Cer­tify the legality of their elections by the Testimony of their Electors or Assenters, out of the whole County, and untill full Examination Supersede the Levying of their Wages; and in his Plea for the House of Lords and Peers, saith, Idem in his Plea for the House of Lords 394. & 395. that the Statute made in the 8th year of the Reign of King Henry the 4th, and the 11th of King Henry the 6th upon the Petitions and Complaint of the Commons in Parliament to the King and Lords, which Inflicted Penalties upon the Sheriffs, for making undue Elections and retorns, which formerly were Arbitrary, at the discretion of the King, and to be Tryed (not by the Commons alone without Oath up­on Information as now) but by the Justices Assigned to take Assizes, and that by enquest and due examination therein, if the Sheriff be found Guilty, he shall forfeit one hundred pounds to the King; and the Knights unduly retorned, shall lose their Wages (not to be turned out, saith Mr Pryn, by a Committee for Privileges of the House of Commons) and that the Statutes of 1. H. 5. ca. 1. 6. H. ca. 4. 8. H. 6. ca. 7. 22. H. 6. ca. 15. touching the Election of Knights, Citizens, and Burgesses to Parliament, do not alter the Law, or Im­power the House of Commons to determine the Legality of any Elections, but leave them as before to the King, by the advice of the Lords, to redress, as these Law-books, viz. Dier 113. 168. Plowden 118. to 131. Old Book of Entries 446. 447. have resolved, and are not to follow any late Arbitrary Precedents, but the ancient usage and Law of our Parliaments, and solid reason, which will not Justify those late Innovations or extravagancies; for when men are, (saith the Learned Sr Robort Filmer) Assembled by an humane Sir Robert Filmers Patri­archa or the natural power of Kings. p. 60. power, the authority that doth assemble them, Can also limit and direct the execution of that Power.

SECT. XX.

Of the small Numbers of Knights of the Shires and Burgesses, which were Elected, and came in the Reign of King Ed­ward the first, upon his aforesaid Writs of Election; and how their Numbers now amounting unto very many more, were after increased by the corruption of Sheriffs, and the ambition of such as desired to be Elected.

FOr Mr. Pryn in his indefatigable and most exact searches of the Summons and Elections of Members of the House [Page 383] of Commons in Parliament and the return of the Sheriff there­upon (which he himself as well as others might have then thought unnecessary and superfluous yet are now of great use for the discovery of long hidden truths) hath in all the Reigns of King Edward 1. Edward the 2. Edward the 3. Richard 2. Henry 4. King H. 5. & 6. and Edward the 4th found no Pryn's brevia Parliamenta­ria rediviva. 223. 224. 225. 2 [...]6. [...] §. 8. more then 170. Boroughs, Cities, and Ports either Sum­moned by Sheriffs or their precepts or Writs to elect or return or actually electing, returning Knights, Citizens, Burgesses, and Barons of the Cinque ports to attend in Parliament, that of those 170. Glastonbury in Somersetshire, Overton in Hant­shire, St Edmondsbury in Suffolk, Hoden and Richmond in York­shire had only one precept issued unto them; Odiham 2 pre­cepts, Alton and Basingstake in Hantshire 4 precepts to elect and send Burgesses to Parliament, upon neither of which they returned any Burgesses, as the Sheriffes returns of ballivi li­bertatis nullum dederunt responsum, or nihil inde fecerunt will attest, whereupon they never had any more precepts of that nature sent unto them before the end of King Edward 4's Reign, Christchurch only excepted, which of late Years hath elected and returned Burgesses. So that in truth 20 of those 170. Namely Newbury in Barkshire, Freminton, Modbury, South Molton in Devonshire, Bromyard, Ledbury, Ros in He­refordshire, Dunster, Langeport, Monteacute, Stoke, Cursey, Matchet, Ware in Somersetshire, Alesford in the County of Southamton, Oreford in Suffolk, Gatton in Surrey, Alverton, Malton, and Pontefract in Yorkshire, elected and returned Burgesses but once, for one single Parliament and no more; Mere in Wiltshire, and Rippon in Yorkshire, upon two seve­ral precepts made only one election.

Five more of those antient Boroughs, as Lidford in Corne­wall, Bradnesham, Okehamtam in Devonshire, Andover in Hampshire, Woodstoke in Oxfordshire, and that 3 of 5 Severall Precepts the Sheriffs returned quod ballivi nullum dederunt re­sponsum; Farneham in Surrey, Grantham in Lincolnshire, and Beverley in Yorkshire, upon five precepts did but twice elect during the Reigns of the aforesaid Kings; and 4 more, to wit, Cheping-Norton, and Dodington in Oxfordshire, Mulliborne port in Somersetshiee, and Coventry in Warwickshire, made in all the times aforesaid but 3 elections.

Poole in Dorsetshire, Webley in Herefordshire, Witney in Ox­fordshire, and Aixbrugh in Somersetshire, upon 5 precepts had but 4 elections, and returns in all those Reigns.

St Albans in Hartfordshire, Kingston upon Thames in Sur­rey, [Page 384] Wich in the County of Wigorn, and Heytesbury in Wilt­shire, made in all that time but 5 returns and elections of Burgesses.

Five others, viz. Honyton and Plymouth in Devonshire, Chard in Somersetshlre, Seaford in Sussex, and Wotton Basset in Wiltshire, but 7. Preston in Lancashire, Stamford in Lin­colnshire, Hyndon and Westbury in Wiltshire, but 6. Stortford in Hartfordshire, only 8. and Lancaster 13. during the Reigns of the aforesaid Kings.

Some of them having long intervals and discontinuances, for Ashperton in Devonshire had it's first election in 26. E. 1. and it's 2d not untill 8. H. 5. which made above 120. Years, though by the Knavery, Corruption, and arbitrary power of Sheriffs, and the ambitious designs of some that desired to be elected members of the House of Commons, and the long af­ter Pryn's brevia Parliamentar. rediviva. 226. 227. Crompton's Jurisdiction of Courts tit. Parliament. introducing of those of Wales, Cheshire, Durham and New­wark, the number of all the Members of that honourable As­sembly were in Mr Cromptons Time who lived and wrote in the later end of the Reign of Queen Elizabeth, but 441. since increased to 500. or thereabouts.

During the Reign of King Edward the 1st there were but 70 Cities and Boroughs, besides the Cinque Ports which ele­cted and sent Citizens and Burgesses to Parliament of which number 7 made only one election and return of Burgesses.

In the Reign of King E. 2. there were precepts issued by Sheriffs for 19 Boroughs, viz. Great Marlow in the County of Buck. Lescard and Lestithiel in Cornwall, Bradneston in De­vonshire, Melcombe and Weymouth in Dorsetshire, Ravensey and Rippon in Com. Eborum, Stortford in Hartfordshire, Wit­ney in Com. Oxon, Axbrigge Chard in Somersetshire, Lich­field in Staffordshire, Kingston in Surrey, Greenested, Midhurst in Sussex, Cricklade, Mere, and Old Sarum in Wiltshire, which never elected or returned Burgesses before, and two precepts issued out to other new boroughs, viz. Dunstable, Glastonbury, Aulton, and Christchurch, which made no elections or re­turns thereon.

Under the long Reign of King Edward the 3d there were Writs or Sheriffs precepts directed to 19 new boroughs, and elections made to serve in his Parliaments or great Councels viz. Ely in Cambridgeshire for one great Councel only, Barn­stable, Dartmouth with Hardennesse thereunto annexed, Fre­mington, Modbury, Tavestock in Devonshire, Poole in Dorset­shire, Malden in Essex, Bromyard, Ledbury, Ros in Here­fordshire, Barkhamsted in Hertfordshire (Botolph in Lincoln­shire [Page 385] for two great Councels only) Dunster, Langport, Mon­teacute, Stoke, Curcy, Were, in Somersetshire, and New Castle under line in Staffordshire, besides precepts issued to Hodon and Richmond two new boroughs in Yorkshire, who made no election or return thereupon; and saith Mr Pryn, neither of those ever sent Citizens or Burgesses to Parliaments or great Councels before that King's Reign for ought he could find by Records or History.

And as for the Ports of Dover, Ro [...]ney, Sandwich, and Winchelsey in Kent, Hastings, Hythe, and Rye in Sussex, there are no original Writs of Summons found for the election of any of their Members during the Reigns of King E. 1. or 2.

In the Reigns of King Richard the 2d, Henry the 4th and 5th, there were no Writs or precepts to any new boroughs to send Burgesses to Parliament.

About the middle of the Reign of King Henry the 6th, there were only Writs and precepts issued out for 5 new bo­roughs in 2 Counties to attend the King in Parliament as Members in the House of Commons, namely, Gatton in Sur­rey, Heytesbury, Hindon, Westbury, and Wooton Basset in Com. Wilts.

During the Reign of King Edward the 4th, there was only one new borough, Grantham in Lincolnshire, who never sent any in the former Kings Reigns.

Since which, 14 new boroughs in Cornwall namely, Ca­milford, Castlelowe, Foway, Graundpond, St Germans, St Ives, Kelington, St Marie's, Newport, St Michael, Portlow, Prury, Saltash, Bosseney, and Tregonney with the boroughs of Ayles­bury and Buckingham, in the County of Bucks, Cockermouth in Cumberland, University of Cambridge, Bearealston, in Devon­shire, Corfe Castle in Dorsetshire, Harwich in Essex, Al­derburgh, Boroughbrigge, Knaresbrough, Thrusko, in Com. Eborum, Cirencester, and Tewkesbury in com. Gloucester, Maidstone, and Quinborough in Kent, Botolph in Lincoln­shire, (as to sending Burgesses to Parliament) Clitheroe, Liverpool, Wigan in Lancashire, Westminster in Middlesex (which never sent one Burgess to Parliament, though many have been holden in it until long after the Reign of King Edward the 4th.) Brackley, Higham-Ferrers, Peter­borough in Northamptonshire, East-Recford in Nottingham­shire, Chester, Thetford in Norfolk, Barwick, Morpeth in Northumberland, Banbury, and the Univesity of Oxford, in Oxfordshire, Haslemore in Surry, Tamworth in Stafford­shire, Bishops-castle, Ludlow, Wenlock in Shropshire, Min­ched [Page 386] in Somersetshire, Christ-church, Lymington, Newport, Newtown, Peterfield, Stockbride, Whitchurch, Yarmouth, St Edmondsbury, Eye, Sudbury in Suffolk, Beaudly, Evesham in the County of Worcester, in all 64. Committing the Knights, Cities, and Boroughs of Chester, and Wales, e­rected by Act of Parliament Annis 27. 36. and 38. H. 8.) are all new and for the most part (the Universities excep­ted) very Mean, Poor, inconfiderable Boroughs set up by the returns and corrupt practices of Sheriffs, and ambi­tious Gentleman, which will be sufficiently evidenced by the Sheriffs frequent returns of nullum dederunt responsum, Pryn's brevia Parliamentar. rediviva. 64. & 229. 265. & non sunt aliae Civitates neque Burgi in balliva mea or in com. praedict aut non curant mittere, saith a Sheriff of Northumb. in 6. E. 2. or nulli electi ratione belli in 8. E. 2. or as in Northumb. in the 10th Year of the Reign of E. 3. or as in the 8th Year of the Reign of E. 2. when the Sheriff of Northumb. returned quod omnes milites de balliva sua non sufficiunt ad defensionem Marchiae; and to the town of Newcastle upon Tyne quod omnes Burgenses villae praedicta non sufficiunt, ad defensionem villae; in the 1. E. 3. the Communitatas Com. Northumb. respondet quod ipsi per inimicos Scottae adeo sunt distracti quod non habent unde Solvere expedsas duobus militibus proficissuris ad tracta­tum & concilium apud Lincoln tenendum; and the Bay­liffs of Newcastle upon Tyne returned, quod ipsi tam en­ervantur circa salvam custodiam villae praedictae quod neminem possunt de dicta villa carere. So little were the former ambi­tions or designs of the Gentry or Common people of the Counties or Shires to be Members of the House of Commons in Parliament as Knights of the Shires or as Burgesses of Cities or Towns Corporate, from the 49th Year of the Reign of King Henry the 3d, unto the later end of the Reign of King Henry the 5th, in the course or circle of time of about 280. Years.

But all those the Royal cares and condescensions of King Edward the 1st to pacify a discontented part of his people and eradicate a deeply rooted Commotion and Rebellion did too soon or quickly after the expiration of the aforesaid 280. Years deviate and degenerate from the former intentions and design of those his Writs of Summons.

SECT. XXI.

Who made themselves Electors for the choosing of Knights of the Shires to be Members of the House of Commons in Parli­ament, after the 21st Year of the Reign of King Edward the 1st, contrary to the Tenor of his aforesaid Writs of Sum­mons made in the 22d Year of his Reign for the Election of Knights of the Shire and Burgesses, to come to the Parlia­ments and great Councels of several of our Kings and Prin­ces afterwards.

FOr so very great was the power, command, and influence of the Nobility and dignified Clergy, as they could from time to time, as the Winds and Tydes do usually agitate and blow upon the unruly waves of the Ocean, make them lac­quey after their good-will and pleasure, and attend their ambitions and advantages, which began but to peep out and c [...]awl in the later end of the Reign of King E. the 2d, when Roger de Mortimer Earl of March was in a Parliament hol­den in the Reign of King Edward 3. Accused of Treason, and accroaching to himself Royal power by procuring certain Knights of the Shires attending in the House of Commons in Parliament to give their consent to an aid to the King for Ro. Parl. 4. 5. 36. E. 3. his Wars in Gascoigny, and the humours and interests of the Common people were so governed and influenced by the grandeur of the English Nobility and principal Clergy enticing them thereunto, more by their own respects and desires to please and humour, then by any particular motive or impulse of their own; as in an Election of Members for the House of Commons in Parliament in the 13th year of the Reign of King Henry the 4th the Archbishop of York, and Sundry Earls, Barons, and Ladies being said to be Suitors in the County-Court of York, were by their Attorneys the sole Electors of the Knights of the Shire of that County; namely by William Pryn's bre [...] Parliament [...] ­ria rediviva. 152. 153. 154. Holgate Attorny for Ralph Earl of Westmorland; William de Killington for Lucy Countess of Kent; William Hesham for the Lord Peter de Malo lacu, William de Barton for William Lord Roos, Robert de Evedale for the Baron of Graistock; William de Feston for Alexander de Metham; Chivaler, and Henry de Preston, for Henry de Percy Chivaler (who was then a Baron) Earles and Barons in those times being well contented to make use of that then no disparaging Title) Sectatorum com­munium com. no other electors being then named in the In­dentures [Page 388] betwixt the Sheriff and the County of York upon that Election; and in the 2d Year of King Henry the 5th with little variation, except for the persons for whom the Electors were Attorneys; as namely in Yorkshire, William Mauleverer Attorney for Henry Archbishop of York, William Feutores for Ralph Earl of Westmorland, William Archer for John Earl- Marshal, William Rillington for Henry le Scrop Chivaler, Domino de Masham, William Heshum for Peter de Malo lacu, William Postham for Alexander de Metham Chiva­ler, William Housam for Robert Roos, Robert Barry for Mar­garet the Wife of Henry Vavasour Chivaler, and Robert Da­vinson Attorney for Henry Percy sectatorum communium pro com. Eborum. (No other suitors or electors being in that Ele­ction and Sheriffs Indenture then mentioned) the like upon Writs for Election of Knights issued to the Sheriffs of York­shire, were found by Indentures hereupon.

And in Annis 8. and 9. H. 5. And in 1. 2. 3. 5. and 7. Henry 6. the Attorneys only of Nobles, Barons, Lords, Ladies, and Knights were made the suitors who made the election of the Knights of Yorkshire, and sealed the Indentures untill 25. of King Henry 6. when that undue course and way ceased, and the Election and Indentures were made by the Freeholders; and being Elected were not at that instant enabled by them, or at any time after, to act or do any thing otherwise then according to the Intent, Tenor and Purport of their said Writs of Elections, untill some farther Requisites were to be by them performed and done, in order to the Trusts reposed in them by their King and Fellow-Subjects.

SECT. XXII.

Of the Actions and other Requisites by the Law to be done by those that are or shall be Elected Knights, Citizens, and Burgesses, to attend our King in their great Coun­cells or Parliaments, precedent and preparatory to their ad­mission therein.

FOr the Sheriffs and people of the Counties were at the first so punctuall in the due performance of their Kings aforesaid Writs and Mandates, in all and every the clauses and particnlars thereof, and so carefull in their Elections of such as were to be trusted by and for them, in affairs of so high and more then ordinary concernment, as the States well­being, [Page 389] and defence of the King, the Church, the Kingdom, Themselves and their Posterities, not only for their personal appearance, but performance of the trust reposed in them, and not to do less or more, too short or beyond the bounds of their Commissions or Authority granted by the King, as they that were elected were constrained at the same time to give pledges and main-pernors, and sometimes four securities, but never under two, that they should not omitt what was commanded by the Tenor of those Writs; insomuch as in the 30th Year of the Reign of King Edward the first, John de Chetwood and William de Samtresden being elected Knights Pryn's brevia Parliamentar­rediviva. 28. & 143. of the Shire for the County of Buckingham, gave four manucaptors, and the like did Robert de Hoo, and Roger de Brien elected Knights of the Shire in the same Year for the County of Bedford, and in that Year Andrew Trolesks and Hugh de Ferrers Elected Knights of the Shire for the County of Devon, were districti per terras & catalla quia Pleg. invenire noluerunt.

And in Anno 8. E. 2. a Sheriff of Gloucester (Bristow at that time being neither City or County) made his return on the dorse of the Writ of Summons, that the Custos libertatis Pryn's brevia Parliamentar. 315. villae Bristol respond. quod elegi fec. Robertum Wildemersh & Thomam L'Espicer ad essend. ad Parliamentum apud Westmin­ster, in Octavis Sancti Hillarii qui manucaptores ad essendi ad diem & locum praedictos invenire recusarunt per quod propter eorum vim, malitiam, & resistentiam & executione istius mandati ulterius facienda intromittere non potuit.

And a Writ appeareth in that Year to have been returned for the County of Midd. that William de Brooks and Richard le Rous milites electi fuerunt per communitatem Comitatus prae­dict. essendi coram concilio Domini Regis ad diem & locum in brevi content. qui potestatem habent ad faciend. quod de eodem concilio Secundum brevis tenorem ordinabitur, after which followed the names of their Manucaptors or sureties, and was a caution in those times believed to be so necessary as in the 15th Year of the Reign of King Edward 2d, when Thomas Gamel one of the Citizens of Lincoln being returned with 2 manucaptors, a burgess for the Parliament, and not vouchsa­fing to attend the Mayor and Commonalty of Lincoln, they elected Alain de Hodolston in his place, and desired Sr William Ermyn then Keeper of the Great Seal, that he being so elected by them, might be received with the other Citizen first ele­cted with Gamel as their Busgess for that Parliament; and Pryn's brevia Parliament [...]. rediviva. 227. 305. sent that their Certificate and return under their City-Seal [Page 390] affixed to the Writ of Election, that very ancient and necessa­ry usage of giving Manucaptors upon Parliamentary Elections being used in all the returns of the Writs of Election, for the Election of Knights, Citizens and Burgesses from the 21st Year of the Reign of King E. 1. during the residue of his Reign (for before no Manucaptors or pledges for Knights or Burgesses elected to come to Parliament were given in for those Knights that were elected in Anno 49. H 3. for the County of York) and from thence during the Reign of King E. 2. E. 3. R. 2. H. 4. and 5. and thence until after the 33. of King Henry 6. and had after their Elections actuall and formall Indentures, or instruments of procuration mutually Signed and Sealed by the Sheriff and the Electors or Assen­tors and Elected, which were with the Writs of Election re­turned and filed amongst the records of the King in his Chancery, having their procurations or powers inserted in the perclose of the indenture made betwixt the Sheriff and the Electors (some being named instead of many) Dantes & Concedentes eisdem (the parties Elected) plenam & suf­ficientem potestatem pro se & communitate praedict. ad faciend. Pryn's brevia parl. rediviva. & consentiend. iis quae tunc & ibidem de communi concilio regni Domini Regis, favente Domino, ordinari contigerint super negotiis in dicto brevi specificat, and notwithstanding their election and one part of the Indenture with the procu­ration therein returned with the Writ to the King in his Chan­cery were not accompted members of the House of Com­mons in Parliament untill their admittance by the Kings Al­lowance and Authority as it was upon a great debate ad­judged in the 35 Elizabeth in the House of Commons in Par­liament in the Case of Fits-Herbert, in which the two emi­nent Lawyers Anderson and Coke afterwards successively Lord Chief Justices of the Court of Common Pleas were as Mem­bers personally present, and in a Parliament holden in the 18 Year of the Reign of King Edward 3. the King was angry that the Convocation of the Clergy appeared not, and charged the Ro. parl. 18. E. 3. Archbishop of Canterbury to punish them for their defaults, and said he would do the like to the Parliament; In the 5 year of the Reign of King Richard 2. Members Elected were by an Act of Parliament to appear upon Summons or be 5. R. 2. ca. 4. amerced or otherwise punished according as of old times hath been used to be done in the said case, unless they may reaso­nably and honestly excuse them to the King, and in 1st and 2d Philip and Mary 39 of the Members of the House of Com­mons saith Sr Edward Coke, (whereof Mr Edmond Plowdon Cokes 4th institutes. [Page 391] the famous Lawyer was one, who pleaded that he was con­tinually present at that Parliament, and traversed that he did not from thence depart in contempt of the King and Queen, and of the said Court) had an Information exhibited against them by the aforesaid King and Queen for not appearing in Parliament according as they were Summoned, cannot be admitted in the House of Commons in Parliament before they shall have taken the Oaths of Allegeance and Supremacy before the Lord Steward of the King's Houshold, or his De­puty under a forfeiture or penalty, nor depart from the Par­liament without License, and when admitted are Petitioners 6. H. 8. ca. 16. for License to choose and present their Speaker to the King who in their behalf prayeth to be allowed access to his Maje­sty, 1. El. 1. ca. 5. El. 1. 3. Jac. freedom of speech and from Arrest of themselves and their menial servants during the time of their attendance, have Wages allowed them by the King to be paid by their Commonalties in eundo, morando, & redeundo according to longer or shorter distances or abode, their Speaker being by the King also allowed Five Pounds per diem besides other perquisites appertaining to his place, are but Petitioners, have Ro. parl. 4. E. 3. & passim in regnis sub­sequentium regum 40. E. 3. & Essings manner of holding Parli­aments. 213. receivers and tryers of their petitions assigned by the King, or by the Lord Chancelour de per liu; and days were seldom prefixt and limited for exhibiting of them which were many times rejected with a non est petitio Parliamenti endorsed, for that it was more proper for inferior Courts and sometimes for their hast or Importance of the King's Affairs were ordered to be answered in Chancery, are no Court of Judicature or Re­cord, Pryns ani­madversions upou Cokes. 4 institutes tst. Parliament. were not accustomed to draw or frame Acts of Parlia­ment which they assent unto, but leave them to be formed by the Judges and the King's learned Councel at Law and not seldom after Parliaments ended, most of the former Acts of Parliament being drawn and framed upon petitions or spe­cifying to be at the request of the Lords and Commons, or of the Commons only, or that the King Willed, Commanded, Prohibited, Provided or Ordained; can make no proxies, and Ms. of Mr. Noy. are but a grand enquest of the Kingdom; are not Authorized to give or administer any Oath, never did or are to do it, but Cokes 4 [...] institutes. are to send such Witnesses as are to be sworn to take their Oaths in the House of Peers, and the Members of the House of Commons or their Speaker Jointly or severally cannot administer an Oath unto any of their fellow Members or any of the Commons whom they would represent, for that would be to administer it unto themselves which Juries and men Impanelled in Enquests are never permitted to do but [Page 392] are to receive their Oaths from a Superior Authority, and none but the King or such as have been Commissionated by him are impowred to give Oaths, which hath allways put a necessity upon the House of Commons when any Witnesses are to be examined before them to produce and send them first to be sworn and take their Oaths in the House of Lords; and they cannot adjourn or prorogue without the King's special order and command, nor were ever Summoned by themselves legally to come to Parliament without the Lords Spiritual and Temporal, but as to their Meeting and Conti­nuance were to follow their King in his House of Lords, as the Moon and the Stars (those Common people of the Sky) do the Sun; could not punish heretofore an offence or delin­quency against themselves or any of their Members without an Order first obtained from the King or his Lord Chancellor; have sometimes Petitioned the Lords in Parliament to inter­cede with the King to remit his displeasure conceived against them; in the times of Henry the 4 few Petitions were directed to the King and his Councel, some were to the King alone, and some to the Lords alone, and some to the Commons only, saith Mr. Elsing; and if they were Petitions of Grace, the Commons only wrote thereupon soit baile as Seigneurs Elsings anci­ent and mo­dern way of holding Parli­aments in England. 22. 227. 233. & per les a Roy, or soit per le a Roy, per les Seimurs & the other were sent up to the Lords without any directions, & the Judges & the Kings Learned Councel in the Law prepared all answers to the Petitions of the Commons; all Petitions directed to the King were to be considered by the Judges and his Councel at Law, and by them prepared for the Lords, if need were by the Commons, who sometimes Petitioned the King that some of the Lords might be sent to confert with them; at all their conferences with them do stand un­covered, whilst the Lords dosit covered, & when any of their Members are by the King's grace and favour created Barons or Earls and called into the House of Peers, are to receive others to be Elected in their places, cannot of or by themselves Pryn's brevia parl. rediviva. 240. redress undue Elections, could not go home without licence of the King, nor have their Wages levied and paid by their countrys without his Order and Writs.

And being with those requisites and precautions come unto the Parliament to do and consent unto such things as by the King and the Lords Spirituall and temporall should be in Parliament ordained, did not Certainly sit in one Room, Chamber, or Place together.

But whither they did sit in one and the same house or [Page 393] Place, or not, will but little contribute to the extravagant fancies of our now State-Moulders.

SECT. XXIII.

That the Members of the House of Commons being Elected and come to the Parliament as aforesaid did not by Virtue of those Writs of Election sit together with the King and the Lords Spirituall and Temporall in one and the same room or place; and that if any such thing were as it never was or is likely to be proved, it cannot conclude or inferr that they were or are cor-ordinate or had or have an equall power in their Suffrages and decisions.

WHich they may dream of from the beginning of the World unto the End thereof and never be able to Evi­dence, and if it had been so, will be such an ill Shaped argu­ment that the Members of the House of Commons in Parlia­ment are thereby to be believed to be co-ordinate with the King and House of Peers, or superior unto either of them as any one that was but within a little of a madman would be ashamed to propound or put it to the decision of the over-cir­cumspect inhabitants of Gotham.

For who but such disciples or proselites can find the way to imagine or believe that when King William Rufus dined at his Marble table where the Court of King's-hencb now sitteth in his large Westminster-Hall, and his Nobility and many of his Court attendants sat at their meat at their many lower ta­ble in the same hall, could perswade themselves or others to suppose an equality in degrees and Power, or that the King because they did all sit but in one room or House was no more then co-ordinate with them.

For in the grand feasts of the Inns of Courts, Houses, Col­leges, or Societies, for the study of our Law, the Judges, Ben­chers, Barristers, and utter Barristers are not so ill used as to be in danger of any the like argument, because one Common hall or room contained them all; and the honor of the King or his Privy Councel are not diminished because there are greater or lesser degrees amongst them sitting in one and the same Councell Chamber. Howsoever if they will keep their words and promise to acquiesce in proofs that are negative to what they are so willing to affirm, and should be sufficient to convince their insane conclusions, they need not want them [Page 394] when Mr Pryn and many good Anthors will give us large and abundant evidences to manifest the errors of such their fond and reasonless assertions.

For in the very many Councels or Parliaments of our Kings reckoned by Mr Pryn from Anno Domini 673. unto the 1st Year of King John there were no Knights, Citizens, or Bur­gesses Pryn's 1 part of Historical Collections of the ancient Parliament of England. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. for the Commons, as he positively and confidently af­firmed either Summoned Elected to those many Councells or Parliaments, or present at any of them, and being not there at all there needs not to have been any question or controver­sy whether they Sate in one House or Room together.

And when King John in the 17th Year of his Reign at the Meeting and Rebellious Convention at Running-Mede of some of his unruly Baronage (which some of the Liberty Coyners would imagine to be a Parliament) where those Ba­rons were in the head of a mighty Army of their own Party, and the King had but a very few unarmed attendants with him; Mathew Paris saith, they did in that conference or Mat. Paris. treaty for a Peace seorsim considere, and notwithstanding that Sr Edward Coke hath without any good Warrant averred that the Lords and Commons in Parliament Sate together, and that the surest mark of the division of both Houses, was when the House of Commons had at the first a continual Speaker which he mistakenly refers to Ro. Parl. 50. E. 3. m. 8. where­in a Loyal Learned Gentleman hath [...] against his will by mis­information Mr Dryden in the Vindi­cation of his Parallel be­twixt the French Holy League & the Eng [...]. League and Covenant. F. 13. been led into an Error that our three Estates the King excepted (as they have been sometimes and but sometimes called in our Records) State together, and that our Records bear Witness that they according to the French cu­stom have sate in one (House or Room) that is to say the Lords Spirituall and Temporall within the Barrand the Com­mons without, for Mr Pryn in his Animadversions upon that and other of his Errors, saith, that the King's Writs to Sum­mon Pryns ani­madversions upon the 4th instit. tit. Parliament. 9. & 10. the Prelates and Peers interesse nobiscum & cum caeteris Praelatis, Magnatibus, & Proceribus Regni sui (did not in­tend the Commons, Knights, or Burgesses,) tractaturi ve­strum (que) concilium impensuri neither did in all probability di­rect or intend that the Commons should joyn or sit with them as both the Writs and practice have ever since evidenced, and that all that that Roll of 50. E. 3. doth import, is but that the Commons came to the Lords House and had sometimes conference with them, but that they sate or debated together is no way proved, but contsadicted by many Parliament Rolls as Parl. 5. E. 3. Nu. 5. compared with Nu. 6. E. 3. [Page 395] Si aleront mesme les Praelats & Procurators de Clergy par eux mesmes & les ditz Counties, Barons, & Grauntz par eux mesmes whose report being drawn up and then read before the King & les Prelatz Chivalers de Counties & les gentz des Commun furent pleysantz a eux touz & par nostre Seigneur le Roy, Prelatz, Countes, Barons, & autres Grauntz & auxuit par les Chivalers des Countes & Gentz des Commun fu­rent pleinement assentuz & accordez at a Parliament in the 6th Year of the said King he requiring the advice of his Parliament touching the French affairs and his voyage thither, they trea­ted and deliberated C'est assavoir les Prelatz par eux mesmes & les ditz Countes, Barones, & autres grauntz par eux mesmes & auxuit les Chivalers des Countes par eux mesmes, and then gave their advice so in the Parliament reassembled at York in the Utas of St Hillary, in the same Year the Prelates, Earls, Barons, and great men by themselves et les Chevalers des Countes & Gentz des communs par eux mesmes treated of the business propounded unto them; and in the Parliament holden at York the Fryday before St Michael in the same Year, as q'eux Prelatz ove le Clergie par eux mesmes & les Counties & Barons par eux mesmes Chivalers & Gentz des Countes & Gentz de la commun par eux mesmes, en treter­ont & imparterent temps 4. Vendredi prochein suont, & mesmes le Vendredi en plein Parlement les Prelatz par eux mesmes les Countes, & Barons par eux mesmes, & les Chivalers des Countes par eux mesmes, & puis toutz en commun responderont; and the like we read of the Prelats, Earls, Barons and great men eux mesmes Chivalers & Gentz des Countes of the Knights, Citizens, and Burgesses and Commons separate consultations by themselves, and their several answers to the Articles and businesses propounded to them in the Parlia­ments of 13. E. 3. N. 6. 10. 11. part 2. N. 5. to 9. 14. E. 3. N. 6. 11. 17. E. 3. N. 9. 10. 11. 55. 58. Ro. Parl. 20. E. 3. N. 10. 11. Ro. Parl. 25. E. 3. N. 6. 7. Ro. Parl. 28. E. 3. N. 55. 56. Ro. Parl. 36. E. 3. N. 6. 7. Ro. Parl. 40. E. 3. N. 8. Ro. Parl. 42. E. 3. N. 7. Ro. Parl. 47. E. 3. N. 6. & Ro. Parl. 50. & 51. when the Commons had a Speaker and departed to their accusto­med place in the Chapter-House of the Abby of Westminster.

And [...]aith Sr William Dugdale at the Parliament holden at Gloucester in Anno Domini 1378. in the Reign of King Richard the 2d, in refectorio de armorum legibus tractabatur aulae au­tem hospitium communi Parliamento erat deputata.

Porro in camera hospitii, quae camera Regis propter ejus pul­chritudinem Chron. Abb. Sci. Petri. Glouc. 115. in bib. Cotton. 148. antiquitus vocata est concilium secretum inter Mag­nates [Page 396] versabatur ac in domo capitulari concilium commune.

In the said Kings Reign the Knights and Burgesses were called by name in presence of the King.

In the great alterations betwixt the Lords and Commons and King Henry the 4th in the 9th Year of his Reign, and a pacification and endeavour to reconcile the Lords and Com­mons, Ro. parl. 9. H. 4. m. 8. n 21. the King sent unto the Commons to come before him and the Lords.

In a Parliament holden the 13th year of his Reign the Commons of Parliament were called at the door of the paint­ed Ro. parl. 13. H. 4. m. 1. & Pryn in his 4 part of the a­bridgment of Parl. Waits. 574. Chamber in the Kings Palace of Westminster, and came, which shews that they did not usually sit there.

In the 33. of King Henry the 8. The Duke of Suffolk then Lord Steward commanded the Clerk of the Parliament to Elsings anci­ent and mo­dern way of holding Parli­aments in England. 74. call the Names of the House of Commons, unto which eve­ry one answered, being all in the upper house, below the Barr, and then the King came.

Nor was or is it likely to be within the verge or neighbour­hood of any truth or reason, that such an inferior sort of men as some citizens and Burgesses to be elected out of so many Citys and Boroughs, as those enforced writs of Elections in Anno 49. H. 3. Designed, when the Nobility, and Gentry, and the Laws of those times, not only held but believed it to be a disparagement to a whole Kindred to Marry with the Daughters of Burgesses, who might be understood to be ei­ther Littletons Tenures. their Tenants, or Dependents, should presume or be al­lowed to Sit in one and the same Chamber, room, or place with their King, sitting in his throne or chair of estate, encom­passed with his more noble and greatest councell, the Lords Spirituall, and Temporal, the Peers in Parliament, where none but the Peers themselves and their Assistants, are permit­ted to sit, and do then also sit uncovered, when the civill and Caesarian Laws, and the Laws, and reasonable Customes of Sir John Fer­nes glory of generosity. 77. 78. 79. nations, do so distinguish betwixt the noble and ignoble, as if a Gentleman be present, the ignoble or common persons shall arise from their seats, and give diligent heed when he speaks; and it is a peculiar honor due unto gentry to sit upon benches or seats, and those who are otherwise, are not to take the right hand of them, or the chiefest seats in the company, or to sit next the Judge before them, are not to be so much valued in their testimonies; and more credit ought to be gi­ven to the Oaths of two Gentlemen produced as witnesses, then to a multitude of the vulgar or ignoble persons, & though many and great privileges are and have been in the civill [Page 397] Laws given and allowed to the Honorable Order of Knight­hood, and that our Kings and common laws have given unto Idem ib. 216. 217. them great respects and privileges, which are and have been Claudius C­tareus de mili­tibus. to these our dreggy and worst of times enjoyed, yet it can be no disparagement to that ever to be esteemed Order and De­gree, to have it affirmed and believed, that it hath been from the 21th year of the Reign of King Edward the 1st. to this our present century, and scarcely slipt out of the memories of aged men, no unusuall thing that many of the Knights of the shires and Burgesses, elected to be members of the house of Commons, have been the Secretaries, Stewards, Feodaries, or domestick Servants, Reteyners, Tenants by Knights-service or Petit Serjeanty, Castle-guard, or managers of some part of the Lands and Estates of the Nobility and great men of the Kingdom.

And as to that which some that are unwilling to Submit to the powers of truth and right reason, will be ready to object, Elsing's anti­ent and mo­dern way of holding Parli­aments in England. 84. and 85. that in the 3. year of the Reign of King Henry the 8th, a Com­mittee of the Lords have come into the House of Commons to confer with them, and probably, saith Mr Elsing, might during the time of that Conference sit with them, yet it was but pro hac vice and not constantly or at any other time.

And when King James in the 7th year of his Reign was pleased to order the Lords and Commons to sit in the Court of Requests, the Lords on the right hand by themselves, and the Commons on the left, they did then sit distinctly as out of their separate houses to be Spectators of the creation of Prince Henry to be Prince of Wales, and could be no more an argument for those contrivers who are enforced to pick up any thing that they can imagine may be for their purpose, then that of the fatal over-eager prosecution of the late Earle of Strafford at the suit & instance of the house of commons upon their unlucky bill of Attainder in Westminster-hall, whether his late Majesty (afterwards murthered and martyred) had from their separate and distinct houses for that only business, dislo­cated and transferred them.

SECT. XXIV.

What the clause in the Writs for the Election of Knights, Citizens and Burgesses to come unto the Parliament, ad faciendum & consentiendum, do properly signify, and were intended by the said Writs. Of Election to be Members of the House of Commons in Parliament.

FOr Assensum dare est probari l. 2. c. de relation. Consen­sus denotat aequalitates sententiarum, cogitationis & vo­luntatis.

And facere duplici modo accipitur, aut pro nudo facto, aut eo quod effectum juris post se relinquit, si nudum est factum, nihil aliud significat quam corporalem effectionem, veluti fos­sam fodere, Romam ire &c. Quando autem effectum juris post se relinquit, omnemomnino faciendi causam complectitur, dandi, solvendi, numerandi, judicandi, l. verbum 218, F. de verb. sign. item reddendi l. 175. eodem tit. & restituendi quo in­tellectu pro gerere & reddere accipitur & pro eo quod est tradere l. verbum 54. F. de verb. elig. l. extat F. quod me Cod. ad l. faciend. de verb. sig. Hinc facere posse vel non posse in jure Civili pro Solvendo esse vel non esse sect. pend. de act. 3. de constit. per l. 14. sect. 1. & posse F. de re.

Consentire est in unam Sententiam concurrere l. 1. F. con­ventionis. F. de pactis sic accipitur in l. consensu F. de act­ion. & oblig. consentire videtur qui praesens non contradicit l. 7. in fine Gothofred ad l. 2. in prin. F. consentit item qui non repugnat l. 12. de spons. consentire dicitur cum duorum vo­luntates in unam concurrunt utroque approbante & sciente, & consensus proprie non dicitur nisi qui verbis expressus est l. 1. sect. voluntatem. Non qui cogitat aut loquitur proprie dici­tur facere, sed agere, Cumtamen quicquid fiat etiam agi dicitur.

And it neither is or ever was intended that the Commons Assembled in Parliament were to ordain, but to consent unto and obey such things, as their King and Sovereign by the Councel and Advice of the Lords Spirituall and Tempo­rall should ordain.

And therefore they will be foully mistaken, and run o­ver head and ears into the grossest of errors, if they shall suffer themselves to be Seduced into a groundless opinion that they can, and are to advise the King in the making or repealing of Laws, as the Lords Spirituall and Temporall [Page 399] are, or that they are to consider or advise with their Sove­reigns, or have as great an interest or charge incumbent upon them in the weal publick, and that the giving their assent is to be as a causa efficiens sine qua non.

For if they will take the pains to consult our Old Histo­rians and the Grants and Charters of our former Kings and Princes or great men, and the subscriptions thereunto, they will find the assent of all the subscribers, but the Donors, to signify no more then approbations, or testimonies of wit­nesses, of which Ingulphus, Eadmerus, with Mr. Seldens annotations thereupon, and his tittles of honours, Mathew Pa­ris, and Sr William Dugdales Monasticons will afford us plen­tifull proofs and examples, and it will be beyond the reach of credulity it self that all or any of such subscribers, except the Donors, had any proper or just interest of their own there­unto either to promote or hinder it. As in that Charter made by Witlafius King of the Mercians in Praesentia Dominorum Ingulphi histo­ria 486. 487. 488. suorum Egberti Regis West-Saxoniae & Athel [...]ulphi filii ejus coram Pontificibus, & proceribus majoribus totius Angliae in Civitate Londonia, ubi omnes congregati sumus pro concilio ca­piendo contra Danicos piratas littora Angliae assidue infestantes signo sanctae crucis confirmavit; or in that in Anno Domini 833, the grant of great quantities of Lands to the Abby of Croyland attested by ✚ Celnothus Archiepiscopus Cantuari­ensis consului. ✚ Ego Euboldus Archiepiscopus Eboracensis consignavi. ✚ Ego Osmundus Episcopus Londinensis collau­davi. ✚ Ego Helmstanus Episcopus Wintoniensis assensum praebui. ✚ Ego Herewicus Episcopus Lichfieldensis consensi. ✚ Ego Cedda Episcopus Herefordensis aspiravi. ✚ Ego Adelstanus Shireburnensis Episcopus procuravi. ✚ Ego Hum­brithus Helmari Episcopus probavi. ✚ Ego Wilredus Dom­mocensis Episcopus annui. ✚ Ego Herferdus Wigornensis Episcopus gratum habui. ✚ Ego Godwinus Roffen Episcopus favi. ✚ Ego Hebba Abbas de Medel Hamsted ratificavi. ✚ Ego Ambertus Abbas Ripadii interfui. ✚ Kincuinus Abbas de Bardeine astiti. Ego Egbertus Rex West-Saxoniae concessi. ✚ Ego Adelwulphus filius Regis West-Saxoniae con­sensum dedi. ✚ Ego Wulhardus dux affui. ✚ Ego Athel­stanus dux audivi. ✚ Ego Herenbrithus dux acceptavi. ✚ Ego Swithinus Presbiter Regis Egberti praesens fui. ✚ Ego Rosa scriba Regis Withlas [...]i manu mea Chirographum istud scripsi.

And King Edgar in his Charter and confirmation to the Church of Glastenbury, using the Title of Ego Edgar divina Dugdales Mo­nasticon, Tom. 1. 16. [Page 400] dispositione Rex Anglorum caeterarum (que) gentium in circuitu persistentium Gubernator, & Rector, viz. Dunstano Dorober­nensi & Oswaldo Archiepiscopis adhortantibus, consentiente e­tiam & annuente Brithelmo Episcopo Fontanensi, caeteris (que) Episcopis, Abbatibus & Prioribus cum sigillo sanctae Crucis con­firmavit, Ealfgina ejusdem Regis mater consensit; Ego Ken­nadius Rex Albaniae adquievi; followed by the consent of divers Abbots, Dukes, and Servants of King Edgar, com­muni concilio Optimatum suorum in the 12th year of his Reign.

And the same King founding a Colledge or Abby near unto Winchester Church had the consent or approbation of Dunstan Archbishop of Canterbury with a corroboravi of Ed­mond and Edward Clitones or sons of that King then under age, of Alfthryth the Queen with a Crucem impressi, of Eadgifu the Kings grandmother with a Consolidavi, of Oscytil Arch­bishop of York with a confirmavi, of the Bishop of Winchester with a Benedixi, the Bishop of London with a Consolidavi, Osulf Bishop Confirmavi, Oswold Bishop Consignavi, Alfwold Bishop Consolidavi, Byzethtlen Bishop confirmavi, Alfetan Bishop consolidavi, Eadelm Bishop Confirmavi, Athulf Bi­shop consignavi, Wensige Bishop confirmavi, Aescwig Abbot consolidavi, Osgar Abbot consignavi, the confirmation of two other Abbots and the newly instituted Abbot of the founda­tion of Alfhere Duke followed by 5 Dukes more and 8 mini­stri or Thanes of the King, who as Mr Selden in his comment Seldeni notae & Spicilegium ad E [...] 155. & 160. Mat. Paris ad­docta [...]ent. 241. Seldens tit. Honour. 689. & 690. thereupon noteth, nempe plerum (que) ut Regius Cliens aut mini­ster Aulicus fundum eo nomini possidebat, those ages believing that consentientes et facientes pari constringuntur poena, in the hindring or not performance thereof, as in that grant of Aethelred Anglorum Bas [...]leus of land to the Abby of St Al­bans in the year of our Lord 996. said to be assented unto and confirmed by the Queen, 10 Bishops, 8 Abbots, 4 Dukes, 8 Thanes, or servants of the Kings who had no right or intelest in those lands; and in an Original Charter of King Stephens, by which he gave Sutton to the Church of Winchester in ex­change for Morden, after the subsigning of divers Bishops & Earls and some others that were great Officers, there were 17 that subscribed with the Title of Barons.

And when Aethelbald in the Year of the Incarnation of our Saviour Christ, 730. as his Charter mentioneth Domino donan­te Seldens title of Honour. 607. Rex non solum Mercor sum, sed & omnium provinciarum quae generali nomine Angli dicuntur, did grant Cumberhto 10. Cas­satas terrae, cui ab antiquis nomen est indicum Husmerat, juxta fluvium [...]tur, subscribed with ✚ Ego Aethelbald Rex Britaniae [Page 401] propriam donationem confirmavi, subscripsi, ✚ Ego Unor Epis­copus consensi, & subscripsi; ✚ Ego Unilfridus Episcopus (ju­bente Aethelbaldo Rege) subscripsi; ✚ Ego Aethelric subre gu­lus, atque Comes Gloriosissimi principis Aethelbald, huic donati­oni consensi & subscripsi; ✚ Ego Ibrorsi magnus Abbatis consensi & subscripsi; ✚ Ego Heardberht frater (atque dux) praefati Regis consensi & subscripsi; ✚ Ego Ebbella consen­sum accommodans subscripsi; ✚ Ego Onec. Comes subscripsi; ✚ Ego Oba consensi & subscripsi; ✚ Ego Sigibrid consensi & subscripsi; ✚ Ego Bercot consensi & subscripsi; ✚ Ego Ealdoult consensi & subscripsi; ✚ Ego Caila consensi & sub­scripsi; ✚ Ego Pedo consensi & subscripsi.

And the meer consent of a Tenant to his Landlords or Cokes 1. part instit ca. 10. tit. Attorn­ment. Lords grant by Attornment doth not encrease or enlarge his former estate, but is only a consent and agreement unto that grant or as an obliging taking notice thereof: And where an Archdeacon, Dean and Chapter are Summoned to Parlia­ment act tractandum, they neither did, do, or can claim any other power beyond their obedience to what should be or­dained by their Superiors.

The choice or Election of a Verdurer in a Forrest by the Kings Writ, doth not make those that did it, the owners thereof; and the Election of a Coroner by the like Authority to collect and take care of the Kings rights and profits, did never yet truly and rationally signify, that the Electors were the Masters of them; neither doth the assent of the Freehol­ders in a Court-Baron or Leet, devest the Lord of the Manor or Court-Leet of any part of his Right, Propriety, or Juris­diction therein.

For to assent in the aforesaid enforced Statute de Tallagio non concedendo, without the assent of the Prelates, Earls, Barons and Commons of England, viz. That Tallage or Aid Ro. & 27. E. 1. Walsingham Hist. Angl. E. [...]. shall be taken, or leavied by the King or his Heirs in his Realm without the assent of the Arch-Bishops, Bishops, Earls, Ba­rons, Knights, Burgesses, and other Freemen of the Land; which Tallages were the prises (as Walsingham mentioneth) taken de bobus vaccis, frumentis, bladis & coriis, (purveyance taken against his preparation for Warrs in Flanders) de qui­bus tota Communitas Angliae gravabatur, but was never granted and intended, either in words express or tacite, to give either unto the House of Peers or Commons Joint­ly, or severally, a Negative Vote, or deniall, or a Legislative power, but only to free themselves from those Tallages and Prises complained of, which had such a [Page 402] force and obligation upon them, and placed in them such a reverence and awfull respect to their King and head, as they did subordinately, not seldom, obtain their Kings Leters-Pa­tents Dugdales Ba­ronage. to license, or impower them, Talliare Tenentes suos de dominico suo.

And although the Commons in Parliament in the 2 year of the Reign of King Henry the 5th had in the Advantage, Ro. Parl. 2. H. 5. m. 10. and Dr. Bra­dys answer to Mr. Pettits Book that the House of Com­mons is an Es­sential part of the Parlia­ment. which they suppose they might sasely adventure upon in a Time of Usurpation, assumed and arrogated to themselves a Legislative co-ordinate power in the making of Laws which other then Petitionary as Subjects to their King, none of their predecessors before or since the 48th year of the Reign of King Henry the 3. ever had or obtained, untill the last Horrid Rebellion in 1642. when they would make heedless and headless ordinances instead of Statutes or Acts of Parliament without their King, and would not forsake their madness untill they had Murthered that Blessed Martyr King Charles the I. yet the answer of King Henry the 5th to that Petition and claim did so manifestly deny to give any allowance thereunto as one of their greatest Champions and Underminers of our Fundamental manarchick Laws could afford, without prejudice to his the grounded cause to give posterity, that Kings answer thereunto but concealed it as a conviction not to be devulged to their seduced Proselites.

For in the making of a Bishop, wherein the King is ac­knowledged by the laws of England, truth and Right reason, to be the only true and proper cause of making him a Bishop, and the impositions of hands by some of the Pres­byters Subservient unto him in his Diocess which was but Ceremoniall and much less then the ornaments of Aarons garments in his multifarious priestly Attire, and could never make or ordain him a Bishop without the King, or give him Livery of the Lands appertaining to the Bishoprick; nei­ther doth any Law or right reason of any Nation or the di­ctates of holy Writ enable any to believe that the assent of the Woman or Wife in the holy Rites of Matrimony, could or should ever entitle her unto a command and superiority over her Husband, or Annihilate the Decree of Almighty God in the framing and forming of Man and Woman kind and or­der of the subservient government of the World.

And it would be an Engine mathematicall, or contrivance Worth the Enquiry or finding out, if it could be possible, how to settle or make our most excellently composed Monarchick Government usefull in its Legislative power, if the Houses of [Page 403] Peers and Commons in Parliament should disagree who but their King and Superior can or could be able to reconcile their discording Votes, Opinions or Resolves.

For our Records Histories Annals and National Memori­alls have never yet found or so much as mentioned any Laws Statutes or ordinances made in Parliament or out, without le Roy le voult or his fiat or grant, or the grant and assent of the Custos Regni or his Lieutenant Commissionated by him made by an House of Peers or Commons or party of them as it were in Parliament, untill the Devil in a Religious habit taught it unto the last most horrid of incomparable Rebellions, or that any House or number of Peers ever did or attempted to do any such thing or matter without the Kings le Roy le veult fiat assent or ratification, or that of his Castos Regni or Lieutenant Commissionated by him, Except that which was done by Symon Montfort and his Rebell partners in Annis 48. 49. Henry the 3 against that distressed over powred Prince; when they had taken and kept him a prisoner for more then a Year, and by fear and by force issued out Writs in his name for an Original of an House of Commons in Parliament, and owned and acted what they would have him, or constrained him to do in his name, and as by his sole authority neither as Ego & Rex meus or Senatus populus quō Anglicanus; neither can the Eyes of any far-seeing Linx or Lynceus, or any Perspicuity, clearness or strength of sight, or the greatest of industry search or scru­tiny whatsoever of our records or Historians, or even of our Neighbor nations, find or make any but Fools or Knaves or Criminals of the highest nature believe, that any Law was e­ver made in England or concerning any part of its dominions or teritories without their Kings regal Assent, Will or Dictate, untill that House of Commons made that most damnable ever to be abhorred wicked Vote or Order, which they would have called a Law, for the Murder of K. Charles the First, Two of the principal Contrivers whereof Cromwell and Bradshaw have since had their Carcasses by a just Judgment of God thrown and buried under Tyburn a Common place of Execution for Theeves and Traytors, the worst of Criminals and Malefa­ctors in mankind; but lest the over hast of the designs of those that would make a gain thereby should Gallop them into Errors of no small dangers or mischiess to the publique, they may be pleased to take a little breath, pause and consider the true meaning acceptation and extent of the words Constitute Convince & Colloquium, so often and necessarily used in the Writs and Mandates of our Kings and Princes, in summoning [Page 404] or calling a part of their subjects unto their great Councels or Parliaments.

For Constituere convenire Significat & conveniendo obligat se ad id quod jam debitum est, sic constituere pecuniam est jam ante debitam absque stipulatione promittere Theophil. in Sect de const. non solum pro alio sed pro seipso quis recte constituat. Sect. de constitut. inst. de act. debitum autem oportet esse quod institui­tur, constituere possunt qui bona vel peculia habent cum libera administratione Gad. l. 182. & de verb. & res Signif. con­stituimus nudo consensu eoque sufficiente ad actionem producen­dam Sect. 9. de just act; constituere in dignitate, munere Briss. ex F. &C. constituere quaestionem est decernere ut judicetur Constitutio in generali nomine dicitur jus quod a principe conditur Theophil. Sect. F. de jur. natur.

Constitutum i. e. decretum, Constitutus dies, dies praefinitus Lex Lengobard si talis causa fuerit quam deliberare minime possit paenas constituat & distringat hominem illum de judiciaria sua i. e. diem constituit lib. 1. 2. tit. 21.

And it was the duty and interest of the Commons Elected Du Fresne glossar. Tom. 1. to come unto Parliament to consent unto such things as the Lords of whom they held their Lands, and stood in great awe of to gain their loves or avoid their ill-wills should advise, which with their Oath of Allegeance to the King their Superior Lord, and their Homage and Fealty done to the Mesne Lord, might perswade them to be as unwilling to forfeit their Lands as they would be to injure their Judgments and Consciences.

And though in some of the Writs for the wages of the Commons in Parliament assembled, it hath by the mistaking or inadvertency of Clerks been sometimes said, that they came and tarried ad consulend. & tractand. yet the Tenor and in­tention of the most part of the Writs of Election for the Com­mons have been since the 21st Year of the Reign of King Edward the 1. as many as almost 20 for every one in the purpose, Tenor and commanding part of it, no more then ad faciend. & consentiend, and sometimes ad loquendum, and at another time ad audiendum & faciendum, upon which and no other account they came thither, and were returned as Subjects, not King-makers, Law-makers, Governours, Dis­posers or Deposers, and whilst they remained there, or in veniendo & redeundo, and tarried at home, were nor could be no otherwise then Subjects.

And in that and no other manner certainly did King Ed­ward the 3d understand it, when in a Parliament holden by him at Westminster in the 45th Year of his Reign there had [Page 405] been a great mistaking in the designed manner of levying an aid granted to the King of 22 s. and 3 d. out of every parish Ro. Claus. 45. L. 3. m. 22. Dorso 2. parts of Mr Pryns register of Par­liament Writs and 4th part of a brief Re­gister of Par­liament Writs 288. 289. of England as hath been before mentioned: Upon the exa­mination whereof after the Parliament was dismissed, the King and his Privy-Councel finding that that rate upon every Parish would fall much short of the summ intended, and not supply the publique occasions, did by an extraordinary speci­al Writ directed to the Sheriff of every County, command them to Summon only one Knight, Citizen and Burgess of each County, City and Borough serving in that Parliament, especially named by the King in those Writs, to avoid trouble and expences, to appear at a Councel to be holden at Winche­ster, to advise how to raise the intended summ of Money, and directed the Sheriffs to enquire and return the number and names of all the Parishes, Churches, Chappells, and Pre­bendaries within their respective Counties, in the hands as well of Lay-men as of Clerks and Religious persons, who accordingly meeting in the said Councel of Winton. which continued sitting but 9 days, as the Writ for the Knight of Southamton expresses, and for Sussex, Berks, Oxon, Wilts, only for 11 days, and to others in like proportions, each of those Knights, Citizens, and Burgesses, though they received their expences for going to, tarrying at and returning from the Parliament at Westminster, which granted that aid to the King, and were specially again Summoned to that Councell to rectify their great mis-calculation in the aid intended and number of Parishes, had their expences by the Kings Writs allowed unto them for that purpose for repairing to, continu­ing at, and going home from that Councell, and in that and no other sense or manner did the Commons in that Parlia­ment understand it.

Neither did the Commons in Parliament, (when upon the grant of the Lords in Parliament in the 13th year of the Reign Ro. Parl. 13. E. 3. of that King of the 10th Sheaf of all the corn in their de­mesnes, except that of their bound Tenants, the 1 [...]th fleece of wool, and the [...]0th lamb of their own Store to be paid in 2 years. They made answer that they knew and tendred the Kings estate, and were ready to aid the same, only in this new device they durst not agree without further conference with their Countries, and so praying respite untill another time they promised to travell their Countries) think them­selves to be Kings or Sovereigns over their fellow-Subjects, or that they themselves were any other then Subjects.

And Sr Edward Coke having affirmed it to have been as [Page 406] it were a Law or Custom of Parliament, hath likewise in­formed us that in the 42 year of the Reign of that King, it being declared to the Parliament by the Arch-bishop of Cokes 4. part institutes 14. Ro. Parl. 43. E. 3. [...]. 7. Canterbury, that in a Treaty between the Kings Councel and David le Bruce of Scotland, the last offer of the said David was, that he was willing to have (so as he might freely en­joy to him in fee) the whole Realm of Scotland without any subjection, or any other thing which might be ac­compted a perpetuall charge, concerning which the Lords and Commons being willed to give their advice made severall answers, that they could not assent to any such peace or any thing in Parliament that tendeth to the Disherison of the King and his Crown whereunto they were Sworn.

For that which in all governments begot the frequency of the use of the word, assent, more especially with many of our Kings and Princes in their Laws, rescripts, Charters and Edicts, proceeding from a design and desire only of compla­cency to win, engage and continue the love and affections of their Subjects, and perswade them to a more willing obe­dience and better liking of what they had before given their assent unto, in the framing or contrivance of any Laws, or­ders, or reglements, which might produce a custom not easily to be abandoned or forsaken.

There being no greater ties or obligations imaginable up­on mankind next to the fear and obedience to the divine Laws, then Interest, Self-preservation, and publick good, and the dangers and mischiefs, which might and too often do ensue by the neglect of any or all of them.

Or if the Commons Writs to attend in Parliament or their Sovereigns great Councells ad faciendum & consentiendum, had been, as they neither were or ought to be, ad consulend. & tract. super arduis, it was not super omnibus sed de qui­busdam, that could not ex vi termini or the intent of their Sovereign, or by any common or rationall intendment of any other, be understood to give them an authority over their King that desired their advice, nor operate any thing to fur­nish them with a power which they could not claim, or to re­lease or discharge their duty and allegiance; nor should transport their actions beyond the energy in either the mandate or procurations, for if it should, the multitude of Counsellors which Solomon accounted to be a safety, would be as so many Masters o [...] dangers, and there can be nothing in the words ad faciendum & consentiendum, or the sometimes [Page 407] misclerkled or misapplyed words consulendum, tractandum, or­dinandum, or in those at other times used words or expressions ad audiendum vel loquendum in the use, right, or genuine accep­tation, intendment, signification, true Etymology or common construction of either, or any of these words, jointly or seve­rally to make them aequalls; Comptrollers, or masters of Varsev [...]us de Concili [...]. their Sovereigns, for though good Councell be as the eyes, ears and common senses to a Prince or Magistrate, yet it could never claim to be the soul or reason of them.

For Concilium by Festus is derived a consulendo vel quod in Martinius. unam sententiam plurium mentes conciliant, and Consiliarius is no more then suasor, Consultor, consulere veneranda antiqui­tate fuit judicare, de utili & honesto decernere: concilium & mandatum in hoc differunt quod mandatum species quaedam est imperii quod pro societate generis humani receptum est ut quod cuique negotium datum est id mandatoris periculo conficiatur. Concilium autem ab imperio alienum est, nec ullam voluntatis ejus qui consultum dat significationem habet, itaque ejus con­sultoris arbitrio permittit, nec utrum fiet nec ne laborat ita (que) ex concilio nulla nascitur obligatio, ex mandato nascitur. l. 1. in fin. & l. 2. F. & l. consil. de regul. juris.

Tractare est discutere, agere vel deliberare seu disserere; sic tractare in jus l. 1. F. 44. l. Jul. de Adult. ad tractandum id est agendum seu colloquendum l. 9. F. ad l. Jul. de Adult.

Tractatus pro questione & articul. in l. 5. in pr. & F. pro F. de prescr. verb. l. ult. F. Ordo est dispositio recta antece­dentium & consequentium scilicet quod (que) ordine suo loco collo­cantus.

Loqui hi dicuntur qui cum quodam judicio vocem proferunt at (que) singula ordine collocant vel sensus aliquos verborum de reg. juris l. 2. & 6. F. rem puplic.

Mando saith Martinius signifieth gerendum procurandumve, aliquid committo ut Imperiionus impono, jubeo, volo, necessario fieri est autem mandare alicui personae gerendum, aliquid exe­quendumque committere, mandatum est conventio qua is qui ro­gatur procuratoris animo id se recepit gratuito daturum factu­rumve, mandamus libero homini, villico, aut servo imperamus mandata appellantur praecepta principum quae praesidibus provin­ciae profiscientibus dabantur quibus omnis eorum potestas conti­nebatur, l. 1. & leg. 19. F. de Offic. l. 27. in fine & l. 33. F. de Jnre proconsul.

And Colloquium is no more then [...], to talk or confer together. Bracton calleth the Martinius & Calvin in [...] Leuis Philolo­gi [...] Parliament Magna Curia, & Communis reipublicae sponsio, [Page 408] and in the beginning of his Book writeth in this manner, Lex vigorem babet, quicquid de Concilio & consensi Magna­tum Bracton. & reipublicae communi sponsione, Authoritate Regis sive principis praecedente Juste fuerit definitum & approbatum; the Register of Writs in the Writs of Wast & Cessavit stileth it Commune Concilium regni, Henry of Huntington termeth it Magnum placitum, when speaking of a Parliament he doth it in these words, fuit in nativitate sanctae Mariae magnum placitum apud Northampton, in quo congregatis omnibus princi­pibus Angliae deliberatum est quod filia sua rediretur viro suo Comiti Andegaviae.

Ordinare i. e. judicium, causa, res, l. 24. l. 25. & or­dinare postrema vel suprema judicia l. 15. C. de testam, which the Commons cannot claim, when by their Writs they are Elected, only ad faciendum & consentiendum iis, which the King by the advice of the Lords Spiritual and Tem­poral Martinius. should ordain, & facere absolute est facere judicium & suffragium dicitur vox illa qua unusquis (que) declarat suam vo­luntatem, Et pro auxilio accipitur, Et suffragium dicitur pro­prie acclino deinde per Metaph. assentio, foveo, auxilior, Et significat succurrere, auxilium dare, Et voces quae dicebantur in Comitiis cannot be understood to make every Vote or opi­nion, which is but recens & imbecilla assensio, to have the force of a Law: Et opinio quod incerta est is not to be esteemed either as a Law, or any thing more then an Embrio, or something more then a wish or desire; and if it grow not up into a Law, is to return into a Vote, only with Quid enim nisi vota supersunt, and must not claim to be a Law, when it hath got but a third part, or the smaller of the way unto it, and should not adventure to enforce as many as they can to believe a Vote of the House of Commons in Parliament to be a Law like that which hath been said of the Laws of the Medes and Persians (who are now and long have been un­der an Arbitrary Government) irrevocable, when as the Commons in Parliament have been from the first originall or beginning of it in the 49th Year of the Reign of King Henry the 3. and for many ages past, and are and should be no more then (as Sr Edward Coke saith) a Grand Enquest, as Cokes lib 4. institutes. men that were most Cognisant, that best knew the grievances of their Countries with what might be their proper remedies, and their abilities or disabilities to aid their Sovereign, and as­sist the publick good, being the truest, most intelligent and most considerate Judges of their own Interest, and the right and only use of their being Elected appeareth by the use and [Page 409] reason thereof to be no other in Parliaments then Informers of grievances, and are to be Petitioners for Laws or Remedies.

When it is Judicis Officium, that is to say, the Suprema pote­stas, which in England was never yet proved or rightly under­stood to reside in the People or any other then the King; and in valde dubiis opinionibus in quibus non appareat quae sit magis communis rationes quae ex utra (que) parte efficaces adducuntur Trutinare & non est dubitare de iis quae lege vel apertaratione monstrantur Qua propter opinio quaelibet contralegem & veram Salamonius de not. gent. rationem & vana est.

And if any should be so wild or gone out of their reason as to endeavour to make an Assent to be aequivalent, or as much as an innate Authority, or any Effect of a Superiority, or so much as a resemblance thereof, they may as well undertake to assert that the Prelates, Earls, Barons, and Commonalty of Engl. had power to create Edward the black-Prince, Son and heir apparent of King Edward the 3d Prince of Wales, and to give him the Principality thereof, because that great and victorious King in the 11th year of his Reign, did grant it unto him, concilio et concensu Praelatorum Comi­tum & Baronum & Communitatum Regni sui (non suorum) Angliae in generali Parliamento; when in the preamble there­of, he declared, that he did it de serenitate Regalis praeemi­nencia, and the Commons in Parliament in the 50th year of the Reign of that King, after that the Archbishop of Canter­bury had spoken much in the commendation of Richard de Burdeaux, Son and heir of Edward late Prince of Wales, Son and heir apparent of the Realm, did with one voice pray the Lords (so ignorant were they then of their own supposed co­ordination and so over-valuing the power of the Lords) that they would make him Prince of Wales as his father was.

Who answered, that it lay not in them but in the King so to do, but promised to be Mediators for him. So as they who would pretend to such a large representation of the people, are to remember, that they can give no power but such as they are themselves justly and by law entitled unto as Sub­jects, obeying in their Elections the words, intention, and true meaning of their Sovereign, who did cause them to be E­lected to come unto his Parliament, with a consenting, per­forming and obeying power only, but not an equall, coor­dinate or Superior; and that it hath been a ruled and allow­ed case thorough all the Nations of the World, and the Ages thereof, that nemo plus juris dare potest quam in se ipso habet.

[Page 410] And however that prudent Prince King Edward the 1st. did (for the avoiding of some troubles which a remnant of his and his fathers unquiet Barons would have put upon him and his people, whom he was bound to protect,) condescend to that Act of Parliament, that no Tallage or aid should be granted, without the consent of the Archbishops, Bishops, Earls and Barons, Knights, Citizens, Burgesses and Free­holders of the land, put himself and them under the frailty of the good and kind will and intentions of a part of his sub­jects, yet he could not find either any cause or reason to doubt or suspect, that they or any of their posterity should so little follow the conduct or manage of their understanding, the care of their self-preservation, and the prevention of the ruine of their private in the publick, as not to submit to that known, and almost every where approved rule or Aphorisme of wis­dom, that Publica privatis anteponenda sunt, and that of the Poet,

Tunc tuares agitur paries cum proximus ardet.

Or that any, if not an enemy to himself, his posterity and his Country, as much as a Traytor to his King, would in a case of publick necessity, when every man was as greatly con­cerned to defend themselues, their King, Country and po­sterities, by a giving giving a timely aid and assistance, ai if it had been pro Aris & focis, and Hannibal had been at Porta's, have been either forward or backward to gard and relieve themselves, their King and Country and not make hast to imitate the Romans, (who at other times Factious and Sediti­ons enough) would not suffer the more prudent Fabious the preserver of his and their Country, even in the mioest of their discontents and murmurings that he made no more hast to fight and beat the enemy, to want their help, either with men or money.

When as Bornitius saith, Quicquid boni homo Civis (que) habet & possidet quod vivit, & libere vivit, quod bene, quod Beate, Bornitius lib. 5. ca. 1. Novel. 8. ca. 10. §. 2. omnium (que) rerum & bonorum usu & interdum etiam copia ad voluptatem utitur. fruitur, totum hoc beneficium Reipublicae ci­vili (que) ordini acceptum est reserendum

And that omnis homo & res singularum in Republica conser­vari nequeant nifi conservetur Respub. sive communis adeo (que) In epist. ad Roman. [...]omil. 23. singuli sui causa impendere videntur qnicquid conferunt in pub­licum usum.

And St Chrysostome was of the same opinion when he said, that ab antiquis temporibus communi omnium sententia principes a nobis sustinere, debere visum est ob id quod sua ipsorum negli­gentes [Page 411] communes res curare universum (que) suum otium adeo im­pendunt quibus non solum ipsi, sed quae nostra sunt, salvantur.

And Zechius saith, Regi competunt ratione excellentiae ejus Zechius de principat ad ministriont. dignitatis quae Regalia dicuntur, and that multa adjumenta sunt ei necessaria ut dominium totum & externa tueri valeat.

With whom accordeth Bodin, informing us, that Sine ma­jestatis contemptu fieri non potest, ea res enim peregrinos ad Bodin de Rep. 16. principem aspernandum & subditos ad deficiendum excitare consuevit.

For surely it was never rightly understood that their Mem­bership of the House of Commons in Parliaments did abridge or lessen the Superiority of their Sovereign, as may be evi­denced by the procedures and affairs of all the Parliaments of England, from the beginning of their admission thereunto untill the late unhappy distempers thereof.

It having been by long experience Tried and found to be in Government a Policy as successfull as prudentiall, to gain in the making of Laws the approbation and good-liking as much as may be of those that are to obey and be guided by them, to the end that they may the more easily take effect & be put in execution, and that all occasions of Envy, Dislike, Hatred and Calumny, might be taken from the Prince and his Ministers of State, which advised or promoted them; Zanzini de Recanati de Monarchi de France. which (as Zanzini di Recanati hath reported) was a custom and usage of our Neighbours the French, in and since the Reign of their Charlemayn, and the succeeding Kings untill the Reigns of some of their later Kings and Princes.

Which could not be without some variations in the Writs of our Kings and Princes Summoning or calling some of their Subjects their great Councels or Parliaments, which may be fully evidenced.

SECT. XXV.

Of the many Variations and Alterations of our Kings Writs of Summons to their great Councels or Parliaments, Ex­cluding some and taking in others to be assistant in that high and honourable Court, with its Resummons, Revisi­ons, drawing of Acts of Parliament or Statutes by the Judges or the Kings Learned Councel in the Laws and other requisites therein, necessarily used by the Sole and Individual Authority of our Kings and Princes.

FOr in the 22. or 23. E. 1. the Sheriffs were authorised to Elect Citizens and Burgesses, which they have since used to do by their precepts to the Mayors, Bayliffs &c.

[Page 412] The Writ for the City of London, Anno 26. E. 1. was to Elect two Citizens; another in 29, for 4; 1. E. 2. for 2; 32. E. 3. no more; Anno 34. E. 3 to Elect 4; and had usu­ally Elected, and returned 3 or 4 Citizens to serve in Parlia­ment upon sundry Writs requiring them only to Elect two, as in Annis 6. 7. 8. and 15. E. 2. Annis 1. 6. 9. 11. 12. 14. 20. Pryns brevia Parliamentar. rediviva. 377. & 378. 21. 22, E. 3. and Mr Pryn's opinion was that such kind of Elections were made good and effectual only by the subse­quent allowances of our Kings unto whom all those returns were made, and who in those times determined all the rights of Elections and numbers of the Knights, Citizens, and Bur­gesses to be elected.

And heretofore Burgesses only of every Borough in Dor­setshire by assent of the rest elected and returned their Burges­ses in the County Courts on the day of the Knights election Pryns brevia Parliamentar. rediviva. 256. all by one joint Indenture, and so continued to do not only in 3. 5. 8. 9. H. 5. 7. and 20. H. 6. but after the Statute of 23. Henry 6. as the Indenture of 33. of Henry 6. doth attest.

In 27. E. 1. no Judges appear to have been Summoned to that Parliament. 27. E. 1. m. 3. ro. claus.

Nor to another in the same Year. Ro. claus. 27. E. 1. m. 16. in dorso.

Divers of the Writs of Summons in the Reigns of Edward 1. E. 2. E. 3. did specify the causes of Summoning the Parliament, but for the most part they were generall, as at Elsing's anci­ent & present manner of holding Parli­aments in England. 9. this day, and none speciall after the 7th Year of the Reign of Richard 2. The Parliament being prorogued, for that the King could not be present the same day, new Writs of Sum­mons have been antiently sent forth, and another day ap­pointed as in 6. E. 1. 23. E. 1. 11. E. 2.

Edward the First in the Thirty Third Year of his Reign ha­ving Summoned a Parliament to meet at Westminster die Martis in quindena Purificationis beatae Mariae Virginis proxi­mo 33. E. 1. m. 12. & 21. ro. claus. in dorso. pro quibusdam negotiis regnum suum Angliae nec non & stabi­limentum terrae suae Scotiae directing his Writ to Edward Prince of Wales his Son, & aliis Magnatibus & proceribus Regni sui to be there tractatur, & concilium suum impensur. did the 22d day of that January direct other Writs unto them, decla­ring that at that day propter aliqua impedimenta legittima post­modum a latere emergentia ibidem commode interesse non possu­mus quod nos taedet vobis mandamus quod die dominica proxima post festum sancti Mathei Apostoli proximo futuri ibidem persona­liter intersitis nobiscum super dictis negotiis tractaturi & hoc nullate [...]s omittátis.

And in the same Year added a clause in the later end of his [Page 413] Writ of Summons, et habeas ibi nomina praedictorum militum Civium et Burgensium et hoc breve & scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem volumus primo die Parliamenti perso­naliter interesse per quod nolumus nec intendimus aliquem ad di­ctum Parliamentum Summonitum quod eodem primo die persona­liter non inter sit habere ullo modo excusatum, &c.

In the 34th Year of his Reign Summoned the Earls and Barons to come to a Parliament ad tractandum de & super 34. E. 1. ro. claus. in dorso. auxilio ad Edwardum primogenitum filium Regis militem faci­endum.

In the 35 Year of his Reign having Summoned a Parlia­ment to be holden at Caerlisle in Octabis Sancti Hillarii in 35. E. 1. ro. claus. m. 13. in dorso. expectation that Petrus Sabinensis Episcopus a Cardinal of the Church of Rome and a Legate of the Popes, whose Predeces­sor or himself had been a great Agent against him and his fa­ther for the Pope, the Kings of France and the unquiet part of the Baronage (in the sad Afflictions of the Crown) would be there against that time.

Et idem Cardinalis came not to him to Carlisle untill the Sunday after Mid-Lent called Passion Sunday, quae nunc instat did afterwards,

The 22d of February then next following, Send his Writ to Thomas Earl of Lancaster his Nephew a man of great power and Estate, and a darling of the People, Commanding him in fide & dilectione quibus tenetur firmiter injungentes quod dictis die & loco modis omnibus personaliter intersitis nobiscum super praemissis habituri colloquium & tractaturi vestrum (que) Con­cilium impensuri & hoc sub foriffactura omni quae nobis foriffa­cere poteritis nullatenus omittatis.

Et eodem modo scribitur Episcopis & aliis Baronibus.

King Edward the 2d his Son in the first Year of his Reign Summoned a Parliament to consult about his Coronation, bu­rying Ro. claus. 1. E. 2. m. 19. in dorso. of his Father, and the Solemnities thereof, and his nup­tialls, and commanded the Archbishop of Canterbury to Sum­mon the Chapter of his Church, Archdeacon and Clergy of his Diocess, the Dean and Archdeacon in their proper persons and the Chapter by one, and the Clergy by two procuratores idoneos ad faciendum & consentiendum his quae tunc de com­muni concilio favente Domino ordinari contigerit super negotiis antedictis & hoc nullo modo omittatis.

Eodem modo scribitur Episcopis Lincoln, London, Cicestren, Oxon.

In the 2d Year of his Reign the Sheriff of Yorkshire returned a [Page 414] Writ of Summons to the Parliament that he had according to the Tenor of the Writ made Proclamation that none should come armed to the Parliament.

Some of our Kings after Writs of Summons to some Tem­poral Lords and Bishops have countermanded them and com­manded others to continue at their Charges.

In the 7th Year of his Reign a Parliament being called to be holden at Westminster, the King understanding that Jo­hannes 7. E. 2. claus. in dorso. m. 25. de Insula and some others had appointed the Assizes to be held in the Bishoprick of Durham and the Northern parts, did within a few days after the appointing of the sitting of the Parliament send his Writ to command him, that omit­ting his holding of the Assizes he should in person be at West­minster at the day appointed, & hoc sicut indignationem no­stram & grave dampnum vestrum vitare volueritis nullo modo omittatis T. R. apud Windsore 17 die Septembris.

per breve de privato sigillo.

In the 8th Year of his Reign sent his Writ to Thomas Earl of Lancaster, that omnibus aliis praetermissis he should be pre­sent [...]. E. 2. [...]. 35. claus. dorso. at the Parliament, wherein amongst the Barons the Judges and others were Summoned.

per ipsum Regem.

In the 18th Year of his Reign having Summoned the Earl Marshal to be at a Parliament to be holden at Winchester, Secunda Dominica Quadragesima proxime futura, and being 18. E. 2. [...]. in dors. [...]. 15. informed by some of the Nobility that by reason of the short­ness of time, they could not sufficiently provide themselves, did prorogue the Parliament to Octabis Paschae prox. futur. there to consult about the Defence of Aquitaine and his passage.

In the 20th Year of his Reign he Summoned a Parliament to be at Westminster to treat with the King, if he should be 20. E. 2. m. 4. ro. claus. in dors. there, or in his absence with the Queen and the Prince his Son.

In the 2d Year of King Edward the 3d the Sheriff of York­shire sending his precepts to Richmond and Rippon to Elect Pryns 4 part of the Register for Parliament Writs. 309. 318. Burgesses, they answered they were not bound to Elect any, and would avoid the charge of their expences.

In the 3d Year of his Reign Termino Paschae the Bishop of Winchester was Indicted in the Kings bench for departing from the Parliament at Salisbury.

Anno 4. Edwardi 3. the King Summoned Thomas Earl of Norfolk Earl Marshal of England his Uncle to the Parlia­ment 4. E. 3. m. 22. claus. in dors. with these words in the end thereof, viz. quod si quid [Page 415] absit propter absentiam vestram dicta negotia contigerit retar­dari ad vos prout convenit graviter capiemus.

Having called a Parliament to consult about the affairs of 5. E. 3. claus. m. 21. in dorso. Acquitain, and Summoned the Archbishops, Bishops, &c. to the aforesaid Parliament, and a peace by the French Em­bassadors being made in the mean time de assensu Praelatorum Comitum, & Baronum, did by his Letters (or Writs) signify to them his pleasure that they should not come.

Commanded the same Knights and Burgesses that had been at the Parliament at London, & quibusdam certis de causis Ro. claus. [...]. E. 2. m. 26. in dorso. recesserunt to appear at a Parliament at Westminster, seu alios ad hoc idoneos.

In the 6th Year of his Reign by reason of some stirrs in the North-parts of England Summoned a Parliament at York, 6. E. 3. m. 9. in dors. ro. claus. commanding them to be personally there, giving them notice quod propter arduitatem negotiorum praedictorum cessante impedimento legitimo praesentia vestra carere non possumus i­sta vice.

And Summoned the Prelates, and Nobles to a Parliament at the same place, and signified that he would not admit of any Proxies, and the Archbishop of Canterbury with some Bishops not appearing, to the King's great disappointment, he did by a Writ of resummons directed to the said Archbishop, 17 other Bishops, 13 Abbots, 40 Magnatibus & aliis Ro. Claus. 6. E. 3. m. 2. in dorso. therein-named, reciting that he had demanded an ayd and ad­vice of the Prelates, Peers, and Knights of the shires then present, who deliberato concilio responsum dederunt quod in tam arduis negotiis sine Archiepiscopi, & aliorum Praelatorum, Magnatum, & Procerum praesentia concilium & as­sensum praebere non possent nec debent, did earnestly supplicate him to continue and prorogue that Parliament ad diem Mer­curii in Octabis Sancti Hillarii tunc prox. Sequen. & interim ceteros Praelatos, & Proceres tunc absentes convocari facere­mus ac nos quanquam hujusmodi dilatio nobis damnosa & peri­culosa plurimum videatur eorum petitione in hac parte annuentes Parliamentum praedictum usque ad Octavas praedict. duximus continuandum seu prorogandum ac Praelatis, Magnatibus, Militibus, Civibus, & Burgensibus injunximus quod tunc ibi­dem interfuerint quacunque excusatione cessante ac omnibus a­liis praetermissis ne igitur contingat (quod absit) dicta negotia ad nostri & Regni nostri dampnum & dedecus per vestri seu aliorum absentiam ulterius prorogari vobis in fide & dilectione quibus nobis tenemini & sub periculo quod incumbit districte in­jungendo mandamus quod omni excusatione cessant sitis perso­naliter [Page 416] apud Eborum in dictis Octabis nobiscum & cum caeteris Praelatis, & Magnatibus dicti Regni nostri super dictis nego­tiis tractatur. & vestrum concilium impensur. sciatis quod si per vestram contigerit dicta negotia (quod absit) ulterius retardari dissimulare non poterimus quin ad vos exinde sicut convenit gra­viter capiemus. Teste Rege apud Eborum. 11. die Decembris.

In the same Year on a Saturday, the House of Commons had leave to depart, and were commanded to attend untill 6. E. 3. N. 7. the next day on which the Parliament was Dissolved.

In the several Parliaments of 6. Edwardi 3. and 2 [...]. E. 3. the cause of Summons was declared by those that were ap­pointed to do it by the King's verball Command only and not by any Commission.

In the Year next following Receivers and Tryers of petiti­ons Elsing's anci­ent & present manner of holding Parli­aments in England. were appointed par nostre Seigneur le Roy, & son Con­cill, which Mr Elsing understood to be the Kings Privy-Councell.

11. E. 3. an extraordinary Writ of Summons was sent to the Sheriff of the County of Stafford concerning an aid gran­ted by the Clergy of the Diocess of Coventry and Lichfield of 20 d. upon every Mark given to the King to free them Pryns brevia Parliamentar. rediviva. 382. from the oppression of the laity in violently seizing upon their Wools.

14. E. 3. The Commons prayed that the Writs to the Sheriffs for the Election of Knights for the shires might have the clause que deux miltz valuez Chivalers de Countez soient esleuz & envoyez ad prochein Parliament pour la Commune si que nul d'eux ne soit Viscount ou autre Minister.

Which was agreed unto, and in the Summons of Parlia­ment, and Writs for the Electing of Knights of the shires was inserted, that they should Elect deux Chivalers ceynct des Espees de chescun Countie pour estre en mesme le Parlement, and thereupon the next Writ was quod de dicto Comitatu duos Milites gladiis cinctos elegi facias, which continueth to this day, although many times Esquiresand no Knights are chosen, and by the indulgence of our Kings admitted, when in a Dedimus potestatem to take a fine it will not be allowed.

Eodem Anno the Sheriff of Northampton was commanded quod venire fac. to the Parliament de villa Northampton qua­tuor de corpore Comitatus sui, sex Mercatores de discretioribus Pryns brevia Parl. 388. & ditioribus Mercatoribus villae & Com. praedictorum cum quibusdam Magnatibus & aliis de Concilio suo super dictis negotiis in brevi specificat eis ibidem plenius exponend. tracta­turi, suumque concilium impensuri, ulteriusque facturi quod [Page 417] ibidem de communi concilio & assensu contigerit ordinari, and that the Sheriff, as likewise the Sheriffs of all the other Coun­ties of England, were commanded to certify the names of the Merchants sic eligendorum with a severe admonition in the latter end of the said Writ of Summons, viz. sciens procerto quod fi dicti Mercatores de discretioribus & ditioribus ut prae­dicitur eligendi ad dictos diem & locum non habueris te ab of­sicio tuo amovere teque tanquam expeditionem negotionum nostrorum praedictorum impedieras & de impeditione hujusmodi culpabilem invenire absque difficultate aliqua faciemus, Teste Edwardo Duce Cornubiae, & Domino de Cestria filio nostro charissimo Custode Angliae apud Kennington.

Et Eodem Anno, Strangers have been sometimes admitted Elsings anci­cient and mo­dern manner of holding Parliaments in England. into the House of Peers after a Summons, to be Receivers, and Tryers of Petitions, but did not sit.

The Commons at the beginning of every Parliament are sent for out of the House of Commons to come to the Bar of the House of Lords, where the Lord Chancellor, if he be present, or in his absence one of the Lord Chief Justices, or an Arch-Bishop of Canterbury, and sometimes the Lord Treasurer, and in 9. H. 6. Linwood a Doctor of Law in the sickness of a Lord Chancellor, declared in the behalf of the King or his Lieutenant the cause at large of the Summons of Parliament, commanded them to elect and present their speaker, the Writs of Summons making sometimes a short mention thereof, and many times none at all: In 17th, E. 3. the cause of Summons was begun to be declared by the Chancellor, but pursued by Sr Bartholomew Burghurst (concerning the Kings Actions in France.)

15. E. 3. The King denied the Arch-Bishop of Canter­bury to come into the Parliament-House untill he had an­swered Elsing 174. & Mat. Parker antiquitates Ecclesia Bri­tanniae. certain Articles objected against him in the Exche­quer, and then also refused him entrance, untill at the last at the intercession of the Lords, he was admitted.

In Anno 16 of his Reign Prince Edward his son Duke of Cornewall and Custos regni, with others of the Councell Ro. claus. 16. E. 3. m. 13, parte 2, summoned a Parliament in his fathers name, to grant him an aid, being then in his Wars beyond the Seas.

The King in the 18th year of his Reign sent his Writs of Summons to a Parliament to treat of the affairs of the King­dom, Ro. claus. 18. E. 3. parte pri­ma. m. 14. in dorso. with these words, nobiscum si praesentes fuerimus ibi­dem, seu cum deputandis a nobis si abesse nos contigerit.

Eodem Anno, Writs were issued for the Electing of two Knights for every County without mention of any Citizens [Page 418] Burgesses, and in some no manucaptors for the Elected re­torned, Pryns brevia Parliamentar. rediviva. 143. 144. 146. 148. 150. 166. 231. 360. and were to appear at London, but before the day appointed come, another Writ came to appear at Sarum.

Eodem Anno, The King being offended at the small ap­pearance of the parliament, on Monday commanded it to be adjourned untill the next day.

The Receivers and Tryers being named, because the pre­lates and other grandees were not come, on Tuesday the parliament was adjourned untill the Thursday, on which day the cause of Summons was declared.

20. E. 3. On Fryday the Commons delivered in their petitions, which were considered by the Lords upon Sa­turday, 20. E. 3. n. 1 [...] Sunday and Monday, next following, and on that Monday they were Dissolved.

In the 21st Year of his Reign he declared in his Writs to Summon that parliament, that he did call them not to give Ro. claus. 21. E. 3. parte 2. m. 9. in dorso. him Money, or Supplies, but only to enquire after wrongs done to the people.

Eodem Anno, the Commons having long continued toge­ther, desire an answer to their Bill, & leur deliverance. Ro. parl. 21. E. 3.

Anno 24. E. 3. The King sending his Writs to Elect 2 Knights of every County and 2 Burgesses of every City and Ro. claus. 24. E. 3. m. 3. Borough caused a Clause to be inserted that none should be placitatores querolarum manutentores aut ex hujusmodi quaestu vincentes.

In 26. E. 3. the King issued out Writs to the Sheriffs of every County in England to elect one Knight for every County to come to the parliament, and sent his Writs to the Mayors, and Bailiffs of Burgess Towns (not to the Sheriffs as at other time) to retorn 1 Citizen for every City, and 1 Burgess for every Borough, except London, whose Sheriffs were com­manded In Bundell brium. 26 E. 3. to Elect 2 Citizens, giving the reason why no more then 1 for other places, ut Homines ab ista occupatione Audumpnalo quo nirus possimus retrahomus.

Anno 27. E. 3. Sent hrs Writs to the Sheriff to Elect de assensu Com. only 1 Knight and to the Sheriffs of London, the Mayor and Bayliffs of all other Boroughs that used to send Burgesses to Parliament to Elect and retorn 2 Citizens and Burgesses apiece for the Statute of the Staple made in the same year ca. 3. hath these words, viz. Whereas good deliberation had with the Prelates, Dukes, Earls, Barons, and great men of the Country, that is to say, of every County one for all the Countys and of the Commons of Cities and Boroughs.

[Page 419] Anno 28. E. 3. the cause of Summons was first declared before the names of the Receivers and Tryers were published.

Eodem Anno, the King issued his Writs to all the Sheriffs of England to cause 2 Knights of every Shire to come to the Parliament at Lincoln to confirm the perambulation of the Forrests, and particularly enjoyned to Summon the Pryns brevia Parliamentar. Knights Elected the last Parliament, but if dead or unable to come to Elect others in their places, and the Sheriff for Oxford and Barkshire receiving only a mandate to elect Knights for Oxfordshire, did notwithstanding retorn two for Berkshire in this manner, Et quia Com. Berks. est in ballia mea licet perambulatio in eodem facta fuit & observata pro eo quod in isto brevi continetur quod colloquium in Parlia­mento tractandum erit Super aliis negotiis praefatum Regem tangentibus, Ideo gratis elegerunt duos milites quorum nomina, &c.

Anno 29. E. 3. the Chief Justice declared that the Kings pleasure was that the Cause of Summons should be declared by Mounsieur Walter de Manny, and so it was, yet the Chief Justice managed the Parliament business in the House of Peers as Speaker, for presently after Mounsieur de Manny's discourse, he called the Commons to advise thereof and make ready their Petitions.

In the 34 year of his Reign sent his Writs to all the She­riffs to cause to appear in Parliament all Collectors of the Pryns brevia Parliamentar. rediviva. 369. Tenths and Fifteenths granted to him in Parliament for pay­ing his Forces by Land and Sea for the Kingdoms defence, to be restored again to the payers, in case no such expences should be made, and all Arrayers of Souldiers to give an ac­count of all Moneys received and disbursed by them, for that the Soldiers and Mariners were not paid.

And to appoint one honest man out of every County to come along with them to see and examine their accounts.

37. E. 3. The cause of the Summons was first declared before the names of the Receivers and Tryers were published, according to the use at this day and of all Parliaments, since 29. E. 3. And it is said in the end of the shewing the cause of the Summons, Et outre le dit Roy volt que si nul se sent gree­ver mett avent son petition en ce Parlement & ci ne avoir con­venable report & sur ce ad assignee ascuns de ses Clercks en le Chancellarie Recevoirs des ditzpetitions.

In eodem Anno Proclamation was made in Westminster Hall by the Kings command, that all the Prelates, Lords, and Commons who were come to the Parliament, should with­draw [Page 420] themselves to the painted Chamber, and afterwards on the s [...]m [...] [...] there being in the same chamber the Chancellor, Treasurer [...] some of the Prelates, Lords and Commons, Sr Henry Gree [...] the Kings Chief Justice told them in English (much of the French Language being then made use of in the Parliament-Rolls and Petitions) that the King was ready to begin the Parliament, but that many of the Prelates, Lords and Commons, who were Summoned, were not yet come, where­fore he willeth that they should depart and take their ease un­till Monday.

Anno 40. E. 3. The Lord Chancellor concluded his speech touching the Summons, The Kings will is, que ches­cun que ce sont grievez mett devant sa petition a ces sont as­signez per lui de ces recevoir & aussi de les triers.

Six days were not seldom allowed for receiving and trying petitions which were sometimes prolonged two or three days, ex gratia Regis, and the reason supposed for such short pre­fixions, was because the sitting of Parliaments in former times continued not many days.

Toriton a Town in Devonshire was exempted from sending of Burgesses to Parliament, and so was Colchester in 6. R. 2. Ro pat. 42. E. 3. part 1. m. 8. E. [...]. 2 in respect of new making the walls and fortifying that Town for Five Years.

In divers Writs of Summons of King Edward 3. He deni­ed to accept of proxies ea vice 6. 27. And 39. E. 3. Proxies were absolutely denied ista vice 6. R. 2. And 11. R. 2. The like with a clause in every of those Writs of Summons legi­timo cessante impedimento.

Anno 45. E. 3. Ista vice being omitted a clause was ad­ded Scientes quod propter arduitatem (negotiorum) Procurato­res seu excusationem aliquam legittimo cessante impedimento pro vobis admittere nolumus, and thereupon the Lords that could not come, obtained the Kings License and made their proxies, and although at other times they did make Proxies without the Kings License, yet in such cases an Affidavit was made of their sickness (or some other Lawfull impediment) as in 3. 6. 26. And 28. H. 8.

The antient form and way of such Licenses in 22d E. 3. being in French and under the Kings Privy-Seal, as Mr El­sing Elsings anci­ent and mo­dern manner of holding Parliaments in England. 100. 101. 102. 107. hath declared; and therein the Abbot of Selby's Servant was so carefull as he procured a Constat or Testimoniall under the Kings Privy-seal of his allowance of the said procuration, and another was granted to the said Abbot in 2. H. 4. un­der the signet only.

[Page 421] Eodem Anno The Parliament having granted the King an ayd of 22 s. and 3 d. out of every parish in England sup­posing it would fully amount to Fifty Thousand Pounds, Pryns 4 part of the Regi­ster for Par­liament Writs. 28 [...]. but the King and his Councell, after the Parliament, dis­missed, finding upon an examination that the rate upon e­very parish would fall short of the summ of mony proposed for that supply, did by his Writs command the Sheriffs of e­very County to Summon only one Knight for every County and one Citizen and Burgess for every City and Borough that had served in the said Parliament for the avoiding of troubles and expences to appear at a Councell to be holden at Winchester to advise how to raise the intended summ of money.

Anno 46. E. 3. An ordinance being made that neither Lawyer or Sheriff should be returned Knights of the shire, the Writs received an addition touching the Sheriff only which continues to this day, viz. Nolumus autem quod tu vel aliquis alius Vicecomes shall be Elected, but the King willeth that Knights and Serjeants of the best esteem of the County be hereafter returned Knights in the Parliament.

Eodem Anno There was no Judges Summoned to the Ro claus. 46 E. 3. m. 10. in dor­so Pryns 4 part of a Register of Parlia­ment Writs. Parliament.

In Anno 50. Some particular Knights were specially com­manded by the King to continue in London 7 days longer then others after the Parliament ended, to dispatch some publique affairs ordained by Parliament, and had wages allowed for Claus 50. E 3. m. 3. in dors. part. 2. those 7 days to be paid by their Countries.

Some being sent from Ireland to attend the Parliament, a Writ was sent by the King to James Boteler Justice of Ire­land to leavy their expences upon the Commonalty of that Kingdom which varied from those for England.

After the bill (which in the usuall language and meaning of those times, signified no more then a petition) delivered Ro parl. 50 E. 3. the Chancellour, willed the Commons to sue out their Writs for their fees according to the custom, after which the Bi­shops did arise and take their leaves of the King, and so the Parliament ended.

Anno 51. E. 3. the Prince of Wales representing the King in Parliament Sate in the Chair of State in Parliaments after Elsing's an­cient and present man­ner of hold­ing Parlia­ments in England. 128. the cause of Summons declared by the Lord Chancellour, or by any others whom the King appointeth, he concludes his speech with the Kings Commandment to the House of Commons to choose their Speaker, who being attended by all the House of Commons, and presented by them unto [Page 422] sitting in his Chair of Estate environed by the Lords Spiri­tuall and Temporall, hath after his allowance and at his retorn, and not before one of the Kings maces with the Royall armes thereupon allowed to be carried before him at all time dureing the Parliament with one of the Kings Serjeants at armes to bear it before him, and to attend him during the time of his Speakership.

Anno 1. Richardi 2. The Parliament beginning the 13th of October was from time to time continued untill the 28th of Ro. parl. 1. R. 2. N. 137. November then next ensuing, and the petitions read before the King, who after answers given, fist bonement remercier les Prelats, Seigneurs, & Countes de leur bones & graundez di­ligences faitz entouz l'Esploit de dites besognes & requestes y faitzpur commun profit & de leur bien & liberal done au liu grantez en defens. De tout le Roialme commandant as Chiva­liers Ro. parl. 2. R. 2. de Contes, Citizens, des Citeos & Burgeys des Burghs quils facent leur suites pour briefs avoir pour leurs gages de Parlement en manere accustumes Et leur donast congie de departir.

In a Parliament of 5. R. [...]. there were severall adjourn­ments, and the Knights and Burgesses resorting to, continu­ing at, and returning, diversis vicibus the Parliament was Ro. parl. 5. R. [...]. N. 1. 37. 64. 65. thrice adjourned from one day to another before it sate, by reason that sundry Sheriffs had not returned their Writs, divers of the Lords and Commons were not come, and there arose a great quarrell betwixt the Duke of Lancaster and the Earl of Northumberland, who came attended with many Thou­sand Pryns 4 part of the Register of Parliament Writs 354. armed men of his Tenants and followers to the Parlia­ment, which caused the King to adjourn it from Monday to Tuesday, thence to Wednesday, and from thence to Satur­day, untill all were come, and the quarrell being pacified betwixt those great Lords from the 8th Nov. to 15 Decemb. by reason of the approach of the feast of Christmas and the Queens arrival from beyond the Seas for her intended marri­age from thence to the 24th of January many of them in the mean time returning home thence untill Monday following, and from that time untill the 23d of February.

Before the 1st Writ of Summons could be executed a 2d came to prorogue that Parliament. 30 E. 1. & 5. R. 2.

In 7. R. 2. a Parliament being Summoned to meet at new Sarum on the 20th day of Aprill being Fryday it was twice adjourned, untill the Wednesday and Thursday follow­ing, because divers of the Lords were not come, and many of the Sheriffs had not returned their Writs.

[Page 423] 21. R. 2. The Parliament was adjourned from Westmin­ster to Shrewsbury, began the Monday next after the Exalta­tion of the Holy Cross at Westminster, and at Shrewsbury the 15th of St Hillary.

In 1st H. 4. The Writ for the Election of Commons had this clause, Nolumus autem quod tu seu aliquis alius Vice­comes Elsings anci­ent and mo­dern manner of holding Parliaments on England. [...]. 60. 61. Regni nostri seu aliquis alius homo ad legem aliqualiter sit electus whence it was called the Lay-mans Parliament or indoctum Parliamentum.

By the Statute of 7 and 8. H. 4. a clause was added in the Writ, Et electionem tuam in pleno Comitatu tuo factam di­stincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerunt nobis in Cancellaria nostra (not into the House of Commons or House of Peers) ad diem & locum in brevi con­tentum certisices indilate.

The Receivers and Tryers of petitions in Parliament which were nominated in the beginning of every Parliament, were Prelates, Nobles, and Judges, and sometimes the Lord Chancellour and Treasurer; and if need required antiently the Clerks of the Chancery.

In two Parliaments of King Henry the 6th the Chancel­lours place was supplied by the Kings verbal Authority.

In 9. H. 6. The Chancellour to whom it appertained, ratione officii sui to declare the cause of the Summons of Par­liament, being sick, the Duke of Gloucester the Kings prote­ctor appointed Dr Linwood (a Doctor of Civill and Canon Law) to declare the cause of the Summons of that Parlia­ment.

In the Title of the Act of Parliament 18. 23. 27. 31. 33. H. 6. & E. 4. And 14. E. 4. It is mentioned to be by the ad­vice and assent of the Lords Spirituall and Temporal, and the Commons, and in 20. H. 6. By the advice of the Lords Spirituall and Temporall, and at the request of the Com­mons as it had been in the 25 of H. 6. where Bristoll was ex­empted 25. H. 6. by a Charter of King Henry the 6th from sending any more then 2 Homines or Burgesses to Parliaments.

7 or 8 Ports Summoned and in like manner admitted by the only Writ to Summon the Cinque Ports.

1. H. 7. Acts of Parliament were mentioned to have been made by the assent of the Lords Spirituall and Temporall and Commons. 2. H. 7. By the advice of the Lords Spirituall and Temporall and Commons, In 3 & 4. H. 7. the like. 11. H. 7. By the assent of the Lords Spirituall and Tempo­rall and Commons. Anno 12 the like. 19 the like.

[Page 424] In the r. 3. & 4. H. 8. Acts of Parliament were said to have been made by the assent of the Lords Spirituall and Temporall and Commons, and in 5. 6. 7. 14. 15. & 23. H. 8.

1. H. 8. The Abbot of Crowland was licensed to be ab­sent by the Lord Chancellour and Lord Treasurer signifying the Kings pleasure.

And howsoever that the Kings verbal license was suffici­ent, yet they that had obtained that favour had for the most part a formal license under his hand, and if not ready to be produced testimonialls thereof by some Lord or others that could witness it.

And so continued untill 28 or 31. H. 8. But afterwards neither licenses or testimonialls were required, only it satis­fied that the proxies or procurations mentioned the Kings li­cense, which no man could be presumed to do unless he had had it.

Anno 1. Henrici 8. Ex mandato Domini Regis Quia Domi­ni Spirituales absentes & in convocatione occupati sunt continu­avit Parliamentum usque in diem Crastinum (the Lord Chan­cellor Elsing's an­cient and present man­ner of hold­ing Parlia­ments. being then a Bishop and absent also) and although some one or two of the Temporall Lords then sate in the House of Peers it was but to receive Bills.

Which continued untill 7. H. 8. In which Year the Lord Chancellour did the day before continue the Parliament un­to the day after.

In the same Year 30 November Dominus Cancellarius prop­terea quod Domini Spirituales in convocatione in crastino die oc­cupandi 7. H. 8. continuavit praesens Parliamentum usque in diem lunae, and many of the Parliament Rolls and Journalls of King Henry the 8th being not to be found.

And from the 17th H. 8. untill the 25th there does not appear to have been any Journalls, although severall Par­liaments sate in the 21. 22. 23. & 24 Years of his Reign.

20. H. 8. No mention was made of the advice or con­sent of the Lords Spiritual and Temporall, or Commons.

The like in 25 and 26. 27. 28. & 31. H. 8.

25. H. 8. There is a memorandum in the Journalls of the House of Peers Decretum est quod Domini Spirituales in con­vocatione diebus Martis & Veneris prox. sequen. & ex tunc die Veneris (donec secus melius videtur) versari possent, & proceres sequentibus diebus sine impedimento quotidie circa dimi­ [...]ietat horae octavae ante meridiem in locis consuetis simul conve­nirent ad tractandum & consulendum circa Republicae negotia.

[Page 425] And after in the same Parliament the Fryday was changed into the Wednesday in every week.

Eodem Anno In the Reign of H. 8. Wednesday being a Starr-Chamber day, and Friday a convocation of the Bishops of the house of Peers was by the Chancellor adjourned to the Saturday following, and in Queen Elizabeths days when the Starr-Chamber days were setled to be upon Wednesdays, the Parlia­ment did not sit upon those days in the Term time, which was constantly observed says Mr Elsing all the time of King James untill the 18th Year of his Reign, when upon Tuesday Elsings man­ner of ancient and present Parliaments in England 94. & 95. the 24th day of Aprill upon a motion made in the House of Peers that there was a great cause in the middle of hearing to be heard in the Starr-Chamber the morrow after, the Lords were content not to sit that Morning, provided that it be not drawn into a precedent, but that the House being the Su­pream Court may sit upon a Starr Chamber day notwithstan­ding the absence of the Lord Chancellor, Archbishop of Canterbury, Lord Treasurer, the Lords of the Privy-Coun­cell, great Officers of State, the two Lord Chief Justices and Idem ibidem. 96. 97. 98. Lord Chief Baron, who do use to attend that Court, and the next Starr-Chamber day the other part of the Lords House did sit in the forenoon.

The Lords that were absent and could not appear upon Summons of Parliament were excused if they could obtain a license of the King, otherwise they were amerced, as in 31. H. 6. a Duke was to be amerced 100 l. an Earl 100 Marks, and a Baron 40 l. If they came not upon Summons to Par­liament.

If the King be present in person, when the cause of Sum­mons is declared, the Lord Chancellour doth first remove from his place, which is on the Kings Right hand behind the Chair of Estate, and conferreth privately with his Majesty.

And that ceremony is ever to be observed by the Lord Chancellour, or those that are appointed by the King to offi­ciate in that particular for him before he speak any thing in Parliament when the King is present.

The cause of which ceremony saith Mr Elsing seeming to be, that as none but the King can call a Parliament, so none but the King can propound or declare wherefore it was called.

If the King be represented in Parliament by Commission the Lord Chancellor sits on the Wool-sack after the Commis­sion read, the Commissioners go to the seat prepared for them on the Right side of the Chair of Estate, then the Lord [Page 426] Chancellour ariseth, conferreth with the Commissioners, re­turns to his place on the Wool-sack, and there declareth the cause of the Summons (or Commission) as was done in 28 Elizabeth.

The Warrants of the King for the making of the Writs of Summons to Parliaments have been divers some times, per breve de privato sigillo, but commonly per ipsum Regem & concilium.

Anno 32. H. 8. Acts of Parliament were said to have been enacted with the assent of the Lords Spirituall and Tem­porall, and the Parliament was continued by divers short prorogations, and was by his Graces Authority dissolved.

33. H. 8. In the Acts of Parliament no mention was made of advice or assent.

34. & 35. H. 8. The like.

Proxies were in the 20th Year of the Reign of King James under the hand and seal of an absent Lord upon a lawfull impediment signifying the Kings license, in the form ensuing, Elsings anci­ent and pre­sent manner of bolding Parli­aments in England. 104. 105. 106. 107. 111. 112. and 113. pro se & nomine suo de & super quibuscun (que) causis exponend. seu declarand. tractand. tractatibus quae hujusmodi mihi fa­ctis seu faciendis concilium nomine suo impendend. statutis (que) etiam & ordinationibus quae ex maturo & deliberati judicio dominorum tam spiritualium quam temporalium in eodem Parli­amento congregat. inactitari seu ordinari contigerint nomine suo cousentiendum eisdem (que) si opus fuerit subscribend. caete­ra (que) omnia & singula quae in praemissis necessaria fuerint seu quo modo libet requisita faciend. & exercend. in tam amplis modo & forma prout ego ipse facere possem aut deberem si prae­sens personaliter interessem ratum & gratum habens & habiturus quicquid dictus procurator statuerit aut fecerit in praemissis.

A proxy cannot be made to a Lord that is absent himself.

The Lord Latimer made his proxy, which although the Clerk of the House of Peers received, it was repealed by the Lord Chancellour, for that the Lord Latimers deputy or pro­curator was absent; for if he to whom the proxy is made be absent, the proxy is void, neither can it be transferred by the proxy to another, as was adjudged in the case of the Lord Vaux, 18 Jacobi.

Our Kings (since the force put upon King Henry the 3d by some Rebellious Barons at a Parliament at Oxford in Anno 42 of his Reign) at the beginning of every Parliament by publick proclamation did use to prohibit the coming with Arms.

[Page 427] Not any of the Kings Serjeants at Law were Summoned to Parliament untill the Tenth of Edward the Third, when Robert Parning, William Scot, and Simon Trevise Servientés Ro. claus. 10. E. 3. M. 1. & 5. in dorso. Regis were Summoned by special Writs unto 2 Parliaments, after which none were Summoned untill the 20th of E. 3.

Robert de Sodington Capitalis Baro Scaccarii was the First and only Baron of the Exchequer who was Summoned to Parliament as one of the Kings Councell in 12. E. 3.

The Kings Attorney Generalls (whose Office and im­polyment was as ancient as 7. E. 1. when William de Gisil­ham Dugdales Ori­gines Juridi­ciales. enjoyed it, and Gilbert de Thorneton was in 8. E. 1. his Attorney Generall) had their First Writ of Summons in the 21. 30. & 36. Henrici 8. Those that succeeded them never wanting the like priviledges.

And the Kings Sollicitors generalls have been in like man­ner Summoned. Sr John Pet­tus Collections.

The Writs of Summons to the Lords are returned and de­livered to the Clark of their House, those with their Inden­tures for the Election of members for the House of Com­mons to the Clark of the Crown in Chancery.

The Clergy of the convocation in Parliament are Elected by virtue of the Kings Writs of Summons to the Bishops and their precepts but not by any from the Sheriffs.

The Master of the Rolls if not Elected a Member of the House of Commons in Parliament hath a Writ of Summons to attend in the House of Lords.

The Masters of Chancery as necessarily appertaining to the Lord Chancellour, or Keeper of the Great Seal of England have neither Writ nor patent, yet do there attend.

The Bill or Act of Parliament signed for the Beheading the Earl of Strafford much against the will of King Charles the Martyr was by Commission.

And divers adjournments, and prorogations in the Reign of King Charles 2d have been sometimes by Commission and at other times by proclamations.

The Commons were never Elected to come to Parlia­ment before the 49th Year of King H. 3. and his imprison­ment, and then and from the 21st Year of the Reign of King E. 1. did but as the Lesser lights follow that greater of the Sun, and could not possibly be sent for, or caused to be Ele­cted without the Peers then Summoned and convened, for that they were only to consent unto, and do such things as the King by the advice of the Lords Spirituall and Temporall should there ordain, if the Lords were not Summoned to be [Page 428] there at the same time or sitting.

The Chamberlain of the Kings Houshold was Summoned to sit in the House of Peers in 25. 27. & 28. E. 3.

Masters of Ships, and some Scots have for advice been Sum­moned to attend the House of Lords.

Ever since the making of the Statute of 5. Eliz. every Knight, Citizen, Burgess, and Port Baron Elected, or to be Elected to be a Member of the House of Commons in Par­liament is to take before he be admitted to sit therein, or have any voice as a Knight, Citizen, or Burgess of or in the House of Commons an Oath upon the Evangelists before the Lord 5. Eliz. ca. 1. & 1. Eliz. ca. 1. Steward or his deputy, that he doth testify and declare, That the Queens Majesty, her Heirs, and Successors, is the only Supream Governour of this Realm, and of all other her Oath of Supre­macy. Highness's Dominions, and Countries as well in all Spiri­tuall and Ecclesiasticall things or causes as Temporall, and renounce all Foreign Jurisdiction of any Foreign Prelate, Prince, or Potentate whatsoever.

And promise that from henceforth he shall bear Faith, and true Allegeance to the Queens Highness, her Heirs and Suc­cessors, and to his power shall assist and defend all Jurisdi­ctions, Oath of Alle­giance. Privileges, Preheminencies, and Authorities, gran­ted, or belonging to the Queens Highness, her Heirs, and Successors, or united, and annexed to the Imperiall Crown of this Realm.

Queen Elizabeth in the 31st Year of her Reign did by the advice of her Privy-Councell and of the Justices of both her Benches and other of her learned Councell, prorogue and adjourn the Parliament from the 12th of November 1588. to Journalls of the 4 last par­liaments of Q. Elizabeth Col­lected by Hey­wood Towns­hend a Mem­ [...] thereof. the fourth of February then next following, from which day it was continued till the Thursday following post meridiem.

Wherein divers of the Bishops, Earls, Barons, Justices and masters of Chancery were Receivers and Tryers of petitions.

The Bishops, all but 7, named each of them 2 Proctors, 7 Temporall Lords sent their proxies.

Such as were meer attendants in the House of Peers were sometimes made joint Committees with the Lords in seve­rall matters

The Commons presenting their Speaker to the Queen, he was admitted with a caution not to use in that House irreve­rent Speeches, or to make unnecessary addresses to her Ma­jesty, and the Chancellour by Command of the Queen con­tinuavit praesens Parliamentum us (que) diem Sabbati prox. ho­ra nona.

[Page 429] When the Lords sent to pray a conference with the Com­mons and it is assented unto, one of the Judges were allways named to attend the Lords Committees.

In a bill for setling a jointure for the Wife of Henry Nevill Esq. Wherein all former conveyances were to be cancelled, the Lords ordered that the deeds should be sealed up, and brought into their house, to the end that they might be rede­livered again uncancelled, in case the Queen should resuse to sign the Act of Parliament; the House of Commons by their Speaker desired her Majesties assent to such Statutes as had been provided by both Houses.

Upon her gracious generall Act of Pardon les Prelats, Seigneurs & Commons en Parlement en nom de toutes voz au­tres Subjects remercient tres humblement vostre Majeste.

The Queens Sollicitor generall being Elected a Member of the House of Commons in Parliament, they desired the Lords that he might come into the House of Commons and sit with them, which was assented unto and performed.

In the Year 1588. and 31st of her Reign, when she had most need of her Subjects aid and good will, upon the Peti­tion of the Commons against some grievances of the Purvey­ors and her Court of Exchecquer, she answered by their Speaker, that she had given orders to her Lord Steward to re­dress any Complaints of her purveyance, and that she had as much skill and power to rule and govern her own House as any of her Subjects whatsoever to rule and govern theirs without the help of their Neighbours, and would very shortly cause a collection to be made of all the Laws already made touching Pourveyance and of all the constitutions of her Houshould in that case, and would thereupon by the advice of her Judges & learned Councell set down such a formall plot (or method) Idem ibidem. 24. & 25. before the end of that present session of Parliament, as should be as good & better for the ease of her subjects, then what the house had attempted without her privity, & in which they would have bereaved her Majesty of the honour, glory and commenda­tion thereof, and that she had in the 10th year of her Reign caused certain orders and constitutions to be drawn for the due course of such things in her Court of Exchequer as her Subjects seem to be grieved at; And so after a Generall Par­don and some bills passed, the Lord Chancellour by her Majesties command dissolved the Parliament.

Anno 35th. the Lord Keeper by her Majesties command declared the necessity of publick aides, how little the Late Subsides amounted unto by Reason of the ill gathering; de­sired [Page 430] the time might not be Mispent in long orations, Speeches and verbosities which some men took delight in, Receivers and Tryers of Petitions were named and some Proxies delivered.

Their Speaker Sr Edward Coke in his Speech remembred the Queen of her speech to the last Parliament, that many Fo. 35. 37. & 38. came thither ad consulendum qui nesciunt quid Sit consulendum and prayed that she would give her assent to such Bills as should be agreed upon;

The Lord Keeper in his reply alleadged that to make more laws might seem Superfluous, and to him that might ask Quae causa ut crescunt tot magna volumnia legum? It may be answered in promptu causa est crescit in orbe malum.

And after upon further instructions received from her Majesty declared that Liberty of Speech was granted, but how far was to be thought on; there be two things of most necessity wit and speech, the one exercised in invention, the other in speaking, priviledge of speech is granted but you must know what priviledge you have, not to speak e­very one what he listeth, or what cometh in his heart to utter, but your priviledge is to say yea or no; wherefore Mr Speaker her Majesties pleasure is that if you perceive any idle heads, which will not Stick to hazzard their own estates, which will meddle with reforming of the Church and trans­forming of the Common-Wealth, and do exhibit any bills to such purpose, that you receive them not untill they be viewed and considered of, by those who it is fitter should consider of such things, and can better judge of them.

The daily continuing or adjorning of the Parliament was Dominus Custos magni Sigilli continuavit praesens Parlia­mentum.

After a bill for setling the lands and Estate of Sr Francis Englefeild attainted of high Treason in Parliament had been Idem ibidem. 40. 4 [...]. ordered by the House of Commons to be ingrossed, the Lords did hear Councell on the part of Englefeilds heirs, and afterwards passed it.

In the case of repealing of certain uses in a deed concern­ing the Estate of Sr Anthony Cook of Rumford in the County of Essex after the bill had been 3 times read in the House of Lords and assented unto, a Proviso was added of Saving the Queens right with a note entred that it should not here­after be used as a praecedent.

Acts or bills of Generall pardon do passe both Houses with once reading.

[Page 431] The Lord-Keeper by her directions signified to the Spea­ker of the House of Commons, that in some things they had spent more time then needed, but she perceived some men did it more for their satisfaction, then the necessity of the thing deserved. Misliked that such irreverence was shewed towards her Privy Councellors (who were not to be accompted as Common Knights and Burgesses of the House, that are Councellors, but during the Parliament) whereas the others are standing Councellors, and for their Wisdom and great service are called to the Councell of State.

Had heard that some men in the case of great necessity and aid, had seemed to regard their Country and made their necessities more then they were, forgetting the urgent necessity of the time, and dangers that were now eminent, she would not have the people feared with reports, charged them that the Trained Bands should be ready and well supplied, thanked them for their subsidies, and assured them that if the Coffers of her Treasure were not empty, and the revenues of the Crown and other Princely ornaments could supply her wants and the charge of the Realm, she would not in the words of a Prince have now char­ged them, or accepted what they gave.

After which the Queen sitting in her Chair of State, a­mongst other things speaking of the injustice of the King of Spains Wars and the Justice of her own said, I heard say that when he attempted his last Invasion, some upon the Sea coast forsook their Towns, flew up higher into the Country, and left all naked and exposed to his entrance, but I swear unto you by God, if I knew those persons, or any that shall do so hereafter, I will make them know and feel what it is to be so fearfull in so urgent a cause.

Declared unto them that the subsidy which they gave her was not so much but that it is needfull for a Prince to have so Idem ibidem. 49. 54. 62. 63. much allways lying in her Coffers for your defence in time of need, and not to be driven to get it, when we should use it.

Upon which the Clerk of the Parliament having read the Queens acceptance and thanks for the subsidies given, did up­on the reading of the pardon pronounce the thanks of the House in these words, les Prelates Seigneurs & Communes en ce Parlement assembles au nom de toutz vous autres Subjects remerc erent tres humblement vostre Majesty & prient a Dieu que il vous donne en sante bonne vie & longue.

The assent of the Sovereign is never given to a bill of sub­sidy because it is the guift of the Subject, nor to an Act of ge­nerall pardon, for that is the Kings free guift, after which [Page 432] ended, followed the dissolution of the Parliament in these words, Dominus Custos magni sigilli ex mandato dominae Re­ginae tunc praesentis dissolvit praesens Parliamentum.

The names of the Knights, Citizens and Burgesses are at the beginning of the Parliament delivered to the Clerk of the Crown (who always attends in the House of Lords) and en­tred into his book.

After the Lord Keepers speech ended her Majesty calling him unto her commanded him to give the Lower House Au­thority to choose their Speaker and present him the Thursday following, unto which day he adjourned the Parliament.

At which day Sr Edward Coke Knight being chosen and admitted Speaker, the Queen allowed his petitions for access unto her Majesty, privileges and liberty of speech, with a caution that they should not speak irreverently either of the Church or State, and then the Lord Keeper by the Queens command adjourned the Parliament untill the Saturday following.

When the House of Commons being again assembled Mr Peter Wentworth and Sir Henry Bromley delivered a petition to the Lord Keeper, therein desiring the Lords of the Upper House to be supplicants with them of the Lower unto her Majesty for the entailing of the Succession to the Crown, where­of a bill was ready prepared.

With which her Majesty being highly displeased charged the Councell to call the parties before them, whereupon Sr Thomas Heneage sent presently for them, commanded them to forbear going to the Parliament and not to go out of their seve­rall lodgings, and the day after they were called before the Lord Treasurer Burleigh, the Lord Buckhurst and Sr Thomas Heneage, who informing them how highly her Majesty was offended, told them they must needs commit them, Mr Went­worth was sent prisoner to the Tower, Sir Henry Bromley and one Mr Stevens (to whom he had imparted it) and Mr Welch the other Knight of the shire for Worcestershire to the Fleet.

A bill being offered by Mr Morris Attorney of the Court of Wards against the usage of Ecclesiasticall discipline by the Prelates, with an intent that the House might be suitors to her Majesty to allow it, he was sent for to the Court and com­mitted to the keeping of Sir John Fortescue a Parliament man; And she sent for the Speaker and by him sent a message to the House of Commons, which he did not omit to deliver in her very words, that it was in her and her power to call [Page 433] Parliaments, it was in her power to end and determine the same, and it was in her power to assent or dissent to any thing done in Parliament.

And her Majesties pleasure being by the Lord Keeper de­livered unto them, that it was not meant that they should meddle with matters of State, or causes Ecclesiasticall, she wondred that any should be of so high a Commandment to at­tempt a thing contrary to that which she had so expressly forbid­den, and therefore with this she was highly displeased, and charged the Speaker upon his Allegeance that if any such bill be exhibited not to receive it,

An Act was sent up by the Commons to the Lords who a­mended somewhat therein but what they amend cannot be altered by the Commons, but the Lords will give their reasons for such their amendment.

The Commons complaining of a Breach of Privilege that the Lord Keeper did in the behalf of the Lords give answers unto their messages, and did not come down unto hose that P. 91. 93. 94. 95. 101. were sent to the Bar, after a great debate and much advice and consultation, it was resolved that the Lord Keeper or Lord Chancellour ought to sit in his place covered, when he gave them answers, and that if it had been lately otherwise done, it was by error and mistake, but ought not; which then Lord­ships by Mr Attorney Generall and Serjeant Harris signifying to the Lower House, desired them to send some of their House to receive their Lordships answer, whereunto they seemed to assent and returned some of their Knights and Burgesses with those that be [...]ore demanded satisfaction to re­ceive their answer, which being declared unto them, they by the mouth of Sr William Knolles (one o [...] [...] House of Commons) protested that they had no Commission to re­ceive an answer in that form, after which upon a conference betwixt both Houses upon great debate and arguments, it was resolved, that the order and custome of the House of Lords was, that when any Bills or messages were sent to them, the Lord Keeper and some of the Lords were to [...]rise from their places and from thence to go unto the Barr and receive the said Bills or messages; but contrarywise when any answer is to be delivered by the Lord Keeper in the name and behalf of the Lords, the Commons sent were to stand at the Barr and the Lord Kee­per is to receive the Bills or answer the messages with his head covered, and all the Lords were to Keep their places with which the Lower House was satisfied, and the same order hath been e­ver since observed accordingly.

[Page 434] Anno 39. Eliz. There being in former times a custom in the house of Commons, to have a bill read before the house did arise, the same could not now be done at that time be­cause her Majesty and the upper House had adjourned the Parliament untill Saturday Sennight at Eight of the Clock in the Morning, which being signified by their Speaker he said all the Members of the House might depart, and so they did.

Eodem Anno. At the ending of the Parliament after they had given the Queen subsidies and prayed her assent to such Ibidem. 127. laws as had passed both Houses, she gave the Royall assent to 24 publick Acts, and 19 private, but refused 48 Bills, which had passed both the Houses.

Anno 43. Eliz. John Crook Esq. Recorder of London be­ing chosen Speaker of the House of Commons in Parliament disabling himself desired the Queen to command the House of Commons to choose another, but his excuse received no allowance.

The Lord Chief Justice of the Queens bench and Com­mon pleas together with the Lord Chief Baron and Attorney Generall were ordered to attend a Committee of Lords and Bishops.

Sr John Popham Lord Chief Justice, Francis Gaudy one of the Justices of the Kings bench, George Kingsmill one of the Common pleas, Dr Carew and Dr Stanhop were constituted Receivers of petitions for Gascoigne and other lands beyond the Seas. Sr Edmond Anderson Lord Chief Justice of the Court of Common pleas, Sr William Peryam Lord Chief Baron, Thomas Walmisley one of the Justices of the Com­mon pleas, Dr Swale and Dr Hone.

Tryers of petitions of England, the Archbishop of Canter­bury, Marquis of Winchester, Earls of Sussex, Lord Mar­shall, Lord Admirall, and Steward of the Queens Houshold, Earls of Nottingham, and Hertford, Bishops of London, Dur­ham, and Winchester, Lords Zouch and Cobham calling unto them the Lord Keeper, Lord Treasurer, and the Queens Ser­jeants at Law.

Great fault was found by many of the House of the fa­ctouring and bribing of too many of the Justices of the Peace, and it was by one of the members alleadged, that the five bills [...]arely passed against Swearing, Drunkenness, and for the making of good Ale, would be as much worth to those kind of Justices of the Peace as a Subsidy and two Fif­teens.

[Page 435] Mr Conisby Gentleman Usher of the House of Peers com­plained that forasmuch upon the breach of any Priviledge of that House he only was to be employed, and not the Serjeant at Arms, the House ordered a Committee to consider of Pre­sidents and settle it, a motion was made by the Lord Keeper and approved of by the Lords, that the Ancient course of the House might be kept by certifying the Excuses for the ab­sence of any of the Peers by the Peers and not by others.

The House being offended with Sr Walter Rawleigh for some words, and crying to the Barr, Mr Brown a Lawyer stood up and said, Mr Speaker par in parem non habet Imperium we are as members of one body and we cannot Judge one another, whereupon it being put to the question, it was resol­ved in the negative that he should not stand at the Barr.

The Speaker of the House of Commons at the ending of the Parliament of 44. Eliz. humbly desired of the Queen, that certain Acts may be made Laws by her Royall assent, which giveth life unto them.

Unto which the Lord Keeper answered, that as touching her Majesties pioceeding in the making of Laws and giving her Royall assent, that should be as God directed her Sacred Spirit, and delivered her Majesties commandement, that as to the Commons proceedings in the matter of her Prerogative she is persuaded that Subjects did never more dutifully observe, and that she understood they did but obiter touch her Prerogative, and no otherwise but by humble petition, but she well perceived that private respects are privately masked under publique pretences.

Admonished the Justices of the Peace (some whereof might probably be of the House of Commons) that they should not deserve the Epithetes of prowling Justices, Justices of Quar­rells, who counted Champerty good Conscience, Sinning Justices who did suck and consume the good of this Commonwealth, and likewise all those who did lye, if not all the Year, yet at the least Three Quarters of the Year in the City of London.

Anno 43. Eliz. One Mr Leigh of the House of Commons complained, that whilst the Speaker of the House of Com­mons was presented to the Queen, he was denyed entrance into the House of Peers, which the Lords excused by saying it was the ignorance of some of the Grooms or attendance, in the choosing of a Speaker, Mr Knolls the Comptroller allea­ged that it was not for the State of the Queen to permit a con­fused multitude to speak unto her, when it might often hap­pen that one or some might move, or speak that which ano­ther, or some or many would contradict or not allow.

[Page 436] The Queen being sate in her State in the House of Lords, the House of Commons were sent for to present their Speaker, who in a modest pretence of disability prayed her Majesty to command the House of Commons to choose one more able but had it not allowed.

And she in her grant of freedom of speech gave a caution not to do it in vain matters, verbosities, contentions or con­tradictions, nor to make addresses unto her; but only in mat­ters of consequence, and prohibited their retaining or privi­ledging desperate debtors upon pain of her displeasure, and desired a Law might be made to that purpose.

Which done the Lord Keeper said, for great and weighty causes her Highness's pleasure was that the Parliament should be adjourned untill the Fryday following.

At which time the House of Commons did appoint a Minister every morning before the House sate to officiate and use a set form of prayer specially ordained, to desire Gods blessing upon their Councells and preserve the Queen their Sovereign.

The Ancient usage of not coming into the House of Com­mons with spurs, was moved by the Speaker to be observed, others moved that they might not come with Boots and Ra­piers. but nothing was done therein.

Sr Robert Wroth a Member of the House of Commons did in his own particular offer 100 l. per Annum to the Wars.

Sr Andrew Noel Sheriff of Rutlandshire having returned himself to be a Knight of the shire for that County, it was adjudged by the House of Commons to be void, because it was against the Tenor and exception of the Writ, and that he ought to be Fined.

In the debate whither the Speaker should send his Warrant to the Clerk of the Crown for the Election of a Burgess, it was answered by one of that House and not contradicted, that (since 26. Eliz.) he did ex officio send his Warrant to the Clerk of the Crown, who is to certifie the Lord Keeper and so make the Warrant.

Sr Francis Hastings a member going down the Stairs, a Page offering to thrust him was brought to the Barr and com­mitted, but was the next day upon the motion of Sr Francis, and his submission upon his knees released, some of the House moved to send him to a Barbers to have his hair cut, because it was too long, but others disswaded it, as a matter not becoming the gravity of the House.

Sr Walter Rawleigh declared that the Queen had sold her [Page 437] jewels, the money lent her by her Subjects was yet unpaid, Idem ibidem fol. 19 [...]. she had sold much of her Lands, spared money out of her own purse and apparell for her peoples sakes, and for his own part wished, that they would bountifully, according to their Estates, contribute to her Majesties necessities, as they now stand.

Mr Townsend one of the Members declared in the House of Commons, that they were Summoned and called as a grand Jury of the Land, though not upon their Oaths, yet upon their conscience, and was not contradicted.

Sr Edward Hobby said it was always the custom of the House of Commons to have their Warrant for the Election of a new Member directed by their Speaker to the Clark of the Crown.

But Sr Francis Hastings said that the Lord Keeper had in private informed him, that he had rather have it made to him­self, then to any inferior Minister.

Sr Edward Hobby said that the Parliament being the highest Court was to Command all other Courts

A bill being brought in for explanation of the Common Law concerning the Queens Letters-patents, and certain Monopolies, Mr Spicer a Burgess of Warwick said, that bill might touch the prerogative Royall, which was, as he had learned, so transcendant, as the eye of the Subject may not aspire thereunto, and therefore be it far from him that the State and prerogative Royall of the Prince should be tyed by him or Idem [...] [...]. the Act of any other Subject.

Mr Francis Bacon said for the prerogative royall of the Prince, for his part he ever allowed it, and is such as he hoped should never be discussed, the Queen is our Sovereign, hath both a restraning and enlarging liberty of her Prerogative, that is, hath power by her patents to set at liberty things restrained by Statute Law, by Non obstante's of Penall Laws or other­wise, and by her Prerogative to restrain things that are at liberty as by her Letters-Patents for new inventions, license for transportation, &c. But Mr Speaker pointing to the bill said, this is no stranger in this place, but a stranger in this vestment, the use hath been ever by petition to humble our selves to her Majesty, and by petition to desire to have the grievances redressed, especially when the remedy toucheth her in Right or Prerogative; If her Majesty make a patent or a Monopoly to any of her servants, that we must cry out against, but if she grants it to a namber of Burgesses or a Corporation, that must stand, and that forsooth is no Monopoly, I say and I say again [Page 438] that we ought not to deal or meddle with or judge of her Maje­sties Prerogative I wish every man therefore to be carefull of this point.

Mr Lawrence Hyde said, I do owe a duty to God and Loyal­ty to my Prince, I made it (the Bill) and I think I understand it, far be it from this heart of mine to write anything in preju­dice or derogation of her Majesties Prerogative Royall and the State.

Mr Serjeant Harris moved that the Queen might be peti­tioned by the House in all Humility.

Mr Francis Moor, afterwatds Serjeant Moor said he did know the Queens Prerogative was a thing curious to be dealt with.

Sr George Moor said, We know the power of her Majesty cannot be restrained by any Act, why therefore should we thus talk? Admit we should make the Statute with a non obstante, yet the Queen may grant a Patent with a non obstante to cross it.

Mr Spicer said, He was no Apostate, but should stick to his former faith, which was, that it should be by way of Petition, and that a course by Bill would neither be gratum nor tutum.

Mr Davies said, God had given power to absolute Princes, which he attributeth to himself Dixi quod Dii estis, and as he attributes unto them, he hath given unto them Majesty, Ju­stice, and Mercy; Majesty in respect of the Honour that a Sub­ject oweth unto his Prince, Justice in respect he can do no Wrong, and therefore the Law is in First H. 7. the King cannot commit a disseisin: Mercy, in respect he giveth leave to his Subjects to right themselves by Law.

Mr Secretary Cecill said, I am a Servant to the Queen, and before I would speak or give any consent to a case that should debase her Sovereignty or abridge it, I would wish my tongue cut out of my Head, I am sure there were Law-Makers before there were Laws, if you stand upon Law and dispute her Maje­sties Prerogative hear what Bracton saith, Praerogatium nemo audeat disputare; for my own part I like not such courses should be taken, and you Mr Speaker should perform the charge which her Majesty gave unto you at the beginning of this Parliament not to receive Bills of this nature, for her Majesties ears be open to all our grievances, and her hands stretched out to every mans petition.

All which worthy and dutyfull expressions of duty and Loyalty to their Sovereign were made by Mr Spicer, Mr [Page 499] Francis Bacon, Sr Robert Cecill, Sr George Moor, Serjeant Francis Moore, Sr Walter Rawleigh and others, without any neglect of the good of the publick, or the Office of Members of the House of Commons Elected only upon their Princes Writs and Warrants ad faciendum & consentien­dum to those things, which should be by their Soveregn or­dained by the advice of the Lords Spirituall and Temporall in Parliament assembled, without any question or contradi­ction made thereupon, or calling them to the Bar, Impri­soning them in the Tower of London, excluding them the House, or making them ask pardon upon their knees, with o­ther exorbitances which some of their Successors have too of­ten usurped to ask pardon of their fellow Members who did not at all represent those that Elected them who were not wont to call everything that suited not with their fancies to be an Error against the sence or Tyde of the House, or to be sent to the prison of the Tower of London, none of their prison, or under their command or Authority, without their Sove­raigns privity or order, being far without the Bounds or reach of their Commission or purpose of it, and an incroachment upon the regall power, was in the House of Commons in Parliament used until the Late distemper thereof, or for their late Speaker Mr Williams when Sr Robert Peyton one of their Members was for some matter which they would create to be criminall, brought upon his knees, and adjudged to be expel­led the House and to receive his sentence from their Speaker, in no smoother an expression or language then, Go thou cur­sed thou worst of men, the House of Commons hath spewed thee out, when they and others may know that the House of Peers do never use by themselves to exclude any of their members without the order and concurrence of their Sove­reign, and in case of Treason.

Upon the great debate of Monopolies, as they called them, granted by the Queen, a list being brought into the House, she having notice thereof sent for the Speaker and declared unto him, that for any patents granted by her, whereby any of her Subjects might be grieved or oppressed, she would take present order for reformation thereof, her Kingly Prerogative was tender, and therefore desired them not to speak or doubt of her carefull reformation, but that some should presently be re­pealed, others suspended, and none put in execution, but such as by a Tryall at Law should appear to be for the good of the people, which he reporting to the House to his unspeakable joy (as he said,) and comfort, but thereupon Secretary Cecill said [Page 500] that there was no reason all should be revoked, for the Queen meant not to be swept out of her Prerogative.

And therefore gave them a caution for the future, to believe that what soever is subject to a publick exposition cannot be good, and said that Parliamentary matters were ordinarily talked of in the streets, that the time was never more apt to disorder, or make ill interpretations of good meanings, and thought those persons would be glad that all Sovereignty were turned into Popularity, we being here but the popular bouch, and our li­berty, but the liberty of the Subject; if any man in the House speak wisely we do him great wrong to interrupt him, if foolish­ly, let us hear him out; we shall have the more cause to tax him, and I do heartily pray that no member of this House may plus verbis offendere quam concilio inuare.

Mr Francis Moore moved that the Speaker in the name of the House might give thanks to her Majesty for setting at li­berty her Subjects from the thraldom of those monopolies, and crave pardon for any extravagancy of words in that House.

Mr Wingfield wept and said his heart was not able to conceive, or his tongue express the joy that he had in that message, but his opinion and Mr Francis Moore and Mr Francis Bacon's were against the making of the Apology, for that would be to accuse themselves of a fault, when they had committed none, and being put to the vote, it was by the whole House agreed, that the Speaker should return the Queen their humble thanks.

Mr Donald wished that her gracious message might be re­corded in their books; others that it might be in Letters of Gold, others in their Hearts. Idem ibidem fal. 258. & 29 [...].

Mr Secretary Cecill said, there is not any soul living de­serves thanks in this cause, but our Sovereign.

Mr Francis Bacon said, he had served as a member in 7 Parliaments and never knew but two committed to the Tower, the one was Mr Arthur Hall for saying, that the Lower House was a new Person in the Trinity, and the other was Parry for making a seditious speech in the House.

When the thanks were given by the Speaker, she said She was the person that still (yet under God) had delivered them, and trusted that by his Almighty power she should be the Instrument to protect them.

Declared to the Speaker of the House of Commons that she rejoyced not so much to be a Queen as a Queen over so thankfull a people.

[Page 501] Sir George Belgrave was complained [...] for procuring him­self to be elected Burgess of Leicester by appearing in a blew coat with the Earl of Huntingtons cognisance, for which the Queens Attorney Sr Edward Coke exhibited in the Earl of Huntingtons name an Information at the Queens suite in the Star-Chamber.

Mr Bacon said there never were but 2 articuli super char­tas, the one when the Sword was in the Commons hands, the other Articuli Cleri, when the Clergy of the land bore sway.

Some bill being brought in concerning monopolies which had been formerly by the Queen redressed, Sr Edward Hob­by said, If we will be dealing herein, by petition will be our only course, this is a matter of Prerogative, and this no place to dispute it.

Upon the bill concerning the transport of Iron ordnance, Mr Cary said we take it for an use in the House, that when any great and weighty matter or bill is here handled, we straightway say, it toucheth the Prerogative, and that must not be medled withall, and by that we come here to do our Country good, bereave them of that good help we might administer unto them.

To which Mr Speaker replyed qui vadit plane vadit [...]sane, let us lay down our griefs in the preamble of the bill, and make it by way of petition.

Mr Francis Hastings said, How swiftly and sweetly her Majesty apprehended our griefs I think there is no Subject but knoweth; for us then to deal in a matter so highly touching her Prerogative, we shall not only give her Majesty just cause of offence, but to deny our Proceeding by bill.

Sr George Moor disliked the proceeding by bill.

Mr Laurence Hyde said that he saw no reason, but we may proceed by bill, and not touch her Prerogative, her Majesty is not more carefull and watchfull of her Preroga­tive then H. 8. & E. 6. were, and then there was no doubt or mention made of Prerogative.

Mr Comptroller said, in duty we should proceed to speak unto the Queen by wny of petition, and not by way of bill or conte­station, we must note that her self and her Prerogative will not be forced, and I do not hold this course by bill to fiand either with respect or duty.

In the debate concerning the Earl of Huntingtons bill in the Star-chamber (sitting the Parliament) against Sr George Belgrave for indirectly making himself a Burgess in Parlia­ment, [Page 502] some of the House moving for a conference with the Lords about it, Mr Dale said, id possumus quod dejure possumus, and that the safest way would be a conference.

Mr Tate said, it will not be good to pry too near into her Ma­jesties Prerogative by examining Informations exhibited in the Star-Chamber.

Mr Cary said, that the custom of the House of Commons was, when they wanted any Record, to send their Warrant to the Lord Keeper to grant a Certiorari to have the Record brought into the House in Ferrers case in the Reign of King Compton's Jurisdiction of C [...]rts tit. Parliament. Henry the 8th, who being a Member of the House of Com­mons and Imprisoned, the House of Commons made an ad­dress to the King for his release, when they could not do it by their own power.

Mr Speaker said, I am to deliver unto you her Majesties commandement that for the better and more speedy dispatch of causes we should sit in the afternoon, and that about this day sennight her Majesties pleasure is this Parliament shall be ended.

At a conference with the Lords their Lordships told the Commons they would not have their Judgment prejudi­cated, and in that conference of the House of Commons sti­led themselves the Lower House.

There was saith Justice Hussey a whole Alphabet of pae­nall Laws in the time of King Henry the 7th.

Mr Mountague said, The praerogative Royall is now in Question, which the law hath over allowed and Maintained.

Serjeant Heale speaking somewhat that displeased the Generality of the House, they all made an humming, and when he began to speak again, they did the like; where­upon the Speaker stood up and said, It is a great disorder that this should be used, for it is the antient use of this House for every man to be Silent when any one Speaketh, and he that is Speaking should be Suffered to deliver his mind without interruption.

Sr Edward Hobby upon the debate of a bill brought in for the peoples more diligent repair to Church whether the Church-Wardens were the more proper to certifie the de­falters, said that when her Majestie did give us leave to chuse our Speaker, She gave us leave to chuse one out of our own number.

Mr Onslow the Clark of the House of Commons in Par­liament being Sick, the House gave his man leave to offi­ciate for him, every Members contributing 12d. apeice [Page 503] for his support.

In the case of Belgrave depending in the Court of Star-Chamber, upon an Information brought by Sir Edward Coke her Majesties then Artorney General, prosecuted by the Earl of Huntington for wearing his Livery to make himself a Member of the House of Commons in Parlia­ment, after several Motions, Debates, and Disputes in the House of Commons, a Conference was concluded to be had with the Lords thereupon, the rather for that it had been said that the Lords in Parliament were reported to have directed the said Bill to be exhibited in the Star-Chamber, one of their House being concerned therein, and a day appointed by the Lords accordingly, which failing and revived again by a motion of one of the Members of the house of Commons in their own House, and the matters limitted, whereupon it should consist, first touching the offence committed by Mr. Belgrave, whether it was an Infringement of the Liberty of the House of Commons, and for the first, that the Commons would do nothing therein until a Conference with them, for the P. 298, 299. 2d. to know the reasons of their Lordships appointment of the Information, and to bring it to some end. Mr. Speaker at another day certifying a message from the Lords con­cerning some other matters, Sir Edward Hobby said, We attended the Lords that morning which was appointed touching the Information against Mr. Belgrave, who in the end concluded that forasmuch as it concerneth them as the House of Commons Priviledges, they desired some time to consult, and they would send us word of their Resolutions, and some days after a Copy of the Infor­mation against Belgrave was sent to the House of Peers unto them under the hand of the Clerk of the Star Cham­ber by them, and Sir Edward Hobby with some Bills, but nothing appeareth to have been done touching the said Information against Belgrave.

In the mean time a servant of Mr. Huddleston a Knight P. 324, 326. of the Shire for Cumberland being arrested in London up­on a Writ of Execution, the Plaintiff and Serjeants deny­ing to release him, because it was after Judgment, they were upon complaint to the House committed to Prison, the Serjeant released, paying the Serjeant at Arms Fees, and the Plaintiff paying them as well as his own, was or­dered to remain three days in the Serjeants Custody.

[Page 504] For a like Judgment was cited to have been given by the House of Commons in the case of the Baron of Wil­ton in that Parliament. Upon Thursday December the 7th Sir Edward Hobby shewed that the Parliament was now in the wain and near ending, and an order was taken touching the Information delivered to this house (viz. P. 329. the House of Commons) in Mr. Belgraves case but no­thing done therein, and as it seemeth by not taking out the Process no Prosecution of the Cause is intended against the said Mr. Belgrave, he thought it fit, because the chief Scope of the said Information seemeth to be touch­ing a dishonour offered to this House, that it would please the House that it might be put to the question, (be­ing the original and first horrid fashion of their after­ward altogether course or manner of voting, and mak­ing their own pretended Liberties) whether he hath of­fended this House yea or no? If he hath, he desireth to be censured by you, and if he hath not, it will be a good mo­tive to this Honourable House here present, who are Judg­es in this Court; (and yet he might have remembred what long and learned debates and disputes there had lately been amongst themselves, whether the Custom of that House was or had been in cases of grievance to proceed by Bill, or Petition to the Queen, and it was resolved that it was the most proper and dutiful way to proceed by Petition, which was done accordingly) in clearing the Gentleman of that offence when it came before them, which had then no higher esteem in Sir Edward Hobbyes opinion, than to be previous to an after disquisition which that Law and the Queens Writ, and the Election of that part of the people that brought them thither, neither did or could give them any greater authority than ad faci­endum & consentiendum to do and perform that which the King and Lords in Parliament should ordain to be done and performed, and when all should be rightly considered was an offence) too often by more than one or once since practised, to procure a Membership in­directly in an House of Commons in Parliament (com­mitted by Mr. Belgrave that should as little have been countenanced as there was any just or legal Warrant for it, wherein Mr. Comptroller said, I know the Gentle­man to be an honest Gentleman, and a great Servant to his Prince and Countrey, I think it very fit to clear [Page 505] him, I wish it may be put to the Question, I will be ready to vouch your sentence for his offence when it P. 330. 321. and 322. comes there, but if any other matter appears upon open­ing the Cause, with that we have nothing to do. Mr. Se­cretary Cecil who had not long before said in the same House, he was sorry to see such disorder, and little do you know how for disorder this Parliament is taxed, I am sorry I said not slandered, I hoped that as this Parliament began gravely and with Judgment, we should have ended modestly, and at least with discretion, I protest I have a Libel in my pocket against the proceedings of this Parliament, could when he came to speak of Mr. Belgraves aforesaid offence say, he had heard it spoken of diversly, but for his own part he was more apt to move against Mr. Dyet a Mem­ber of that House that drew the Information in the Court of Star-Chamber against Mr. Belgrave, that he should be well punished for seeking to diminish the Praerogative of the Court (a power or word never before believed to be proper or applicable to the House of Commons in Par­liament) by praying Aid of the Court of Star-Chamber for an offence done to us this Court sitting, (which complexedly with the House of Peers in Parliament hath been, and ought to be stiled a Court, but not separately as to its own constitution or practice;) And desired that Mr. Belgrave may be cleared here, which will be a good Inducement not to censure him heavily there, Mr. Raven­scroft said, we ought not proceed against a Fellow member un­til he be called; It is not apparent to us that he made the In­formation, it is under Mr. Attorneys hand, and therefore ought to be intended his, for now it is upon Record under his hand, against which we can receive no Averment, by speech of others, but by the Gentlemans own words, viva voce. And so there was no more said of that mat­ter.

But it was put to the question whether he should be cleared of the offence to the House yea or no, and all cryed I, I, I, only young Mr. Francis Grantham, who gave a great No, at which the House laught, and he blusht.

Some of the Members of the House of Commons observed and found fault, that when the Members were Voting, the contradicting party went out of the House leaving the affirming party in the House, they that re­mained [Page 506] did it more to continue and abide in their pla­ces, than for any affection they had to the Vote of the other, and there might be also a great mistake in the tem­putation of the whole number of the Members, when some ne­ver came at all, or tarried but a little, while many others were strugling in or out about their own Domestick or parti­cular Affairs. Upon Friday December the 18th. Anno. Dom. 1601. as the Speaker was going to the House in the morning, the Queens General Pardon was deliver­ed unto him, which he took and delivered into the House, which they sent back again, because it was not brought according to course (an haughtiness not usual or comely for those that were to receive such vast bene­fits by it.) The Collection for the Clerk of the Houses Servant supplying his Masters place at 12 d. each Member, amounted unto 25 l. which was after the num­ber of 500 Members.

Afterwards Mr. Attorney General assisted by Dr. Ca­ry on the right hand, and Dr. Stanhop on the left, brought to the House her Majesties free and general Pardon, and delivered also to the House their Subsidy-Bill, for the grant of four entire Subsidies, Eight Fifteenths and Tenths, the Subsidy of the Clergy, was sent in a Roll ac­cording to the usual Acts, whereunto Sir Edward Hobby took exceptions because it was not sent in a long Skin of Parchment under the Queens Hand and Seal, so it was sent back again, and then the other was sent.

The Lord Keeper upon the Speakers Speech at the end­ing of the Parliament said, That Laws were to have the Queens Royal Assent, as God should direct her Sacred Spirit, that she saith touching their proceeding in the matter of her Praerogative, that she is persuaded that Subjects did never more dutifully, and that she understood they did obiter touch her Praerogative, and not otherwise, but by humble Petitions, and therefore that thanks that a Princess may give to her Subjects she willingly yieldeth; but now she well perceiveth that private respects are privately mask­ed under publick pretences; as for the grant of the Subsidies, and the manner of giving the Subsidies, it was not persuasive or by persuasive Inducements, it was speedy, freely, and of Duty, with great Contentment, that no Prince was ever more unwilling to exact or receive any thing from the Subject, then she our most Gracious Soveraign, for [Page 507] we all know she never was a greedy Grasper, nor strait-hand­ed keeper, and therefore she commanded him to say, that you had done plentifully, dutifully and thankfully; And ad­ded also an admonition to the Justices of Peace (many of which probably were Members there present) that they would not deserve the Epethites of prowling Justices, Justices of quarrels, who counted Champerty good Consci­ence, Justices who did suck and consume the Wealth and good of the Commonwealth, and also to those who do lye if not all the year, yet at least three quarters of the year at London, and after some Bills or Acts of Parliament signed with la Royne se voult, or come il est desire, and some others with la Royne savisera dissolved that Parliament in Anno 1601.

Which may be justly accompanied with the Observati­ons and Annotations of that eminent and learned Lawyer Mr. William Noy Attorney General of that pious Prince and Martyr King Charles the first, who was by death M. S. of Mr. William Noy, the learned Attorney Ge­neral of King Charles the first. arrested and called out of this World before his Royal Masters Persecution, and ever to be detested Murder, and in all probability if he had then been living, would have done more towards the rescue of his Royal Person and Government, than all these silent Lawyers that crouched under the burdens of the Rebellious miscalled Common­wealth, and their Man of sin Oliver Cromwell, that after­wards cheated them of their Prey.

In former times, especially since the admittance of Commons elected to Sit in our great Councils in Parlia­ment, all the Acts of Parliament were framed and drawn up upon the Petitions of the Parliament, and the Kings Answers thereunto by the Judges, and the Kings learn­ed Council at Law compendiously, and very often after the ending of the Parliament, or some good part of time afterwards, and if any thing were oversliped by the Commons, a clause was added to help the same.

But on the other side, after the Petitions and Answers were read, and the Royal Assent given, Additions con­trary to the meaning of the Commons have been added, and sometimes somewhat omitted.

All Bills commonly called Petitions, were most usu­ally exhibited by the Commons, it being their part pete­re leges, as best knowing what was amiss.

At the making of the Statute of Merton in Anno 20. H. 3. [Page 508] concerning Trespasses in Parks and Ponds, the answer Ro. Parl. 20 H. 3. n. 11. was, it is not yet discussed, for the Lords demanded the imprisonment of the offenders therein, and the King de­nyed it, wherefore it was deferred.

Some Petitions were formerly indorsed coram Rege, against which the Commons petitioned in 6 E. 3. n. 31. for that nothing was done upon their Petitions, and therefore prayed that theirs might be answered before the Parliament ended. Some Bills have been exhibit­ed in their names, which they agreed not unto, as in Anno 21. E. 4. 3. concerning exceptions of Villenage, where the Commons in their Petition afterwards al­ledged it to be expresly against the Laws and Customs of the Land, and therefore prayed the King and his good Council, to prevent the mischiefs, which might happen by that Petition, and maintain the good Laws and Cu­stoms of the Land in his time, and the times of his Ance­stors, by the sages of the Law used, and without having regard to the Petitions of any singular Persons to the overthrow and open undoing of the Law of the Land.

The Commons prayed that the Petitions, which were delivered by them in the last Parliament, and by our Ro. Parl. 22 E. 3. n. 30. Lord the King, Prelates and Grandees of the Land an­swered and granted, be held, and the answers before granted, not changed by any Bill delivered in this Par­liament, in the name of the Commons, or of any other, for the Commons do not avow any such Bill.

Unto which was answered another time, the King by the advice of the Prelates and Grandees caused to be an­swered the Petitions of the Commons touching the Ro. Parl. 25. E. 3. n. 39. Laws of the Land, that the Laws had and used in times past, nor the process used hereafter, cannot be changed without making thereon a new Statute, the which thing to do the King would not then, nor yet can intend for divers reasons, but as soon as he can intend it, he will take the Grandees and Sages of his Council about him, and Ordain upon such Articles and others touching the amendment of the Law by their Advice and Council, so as reason and equity shall be done to all his Leiges and Subjects.

Anno 25. E. 3. Item priontles Commons, that for no Bill, especially of singular Persons, no Statute heretofore or­dained be changed, nor other process made upon the Ex­ecution of the Statutes, which hath not been used in times past.

[Page 509] About which time, or not long before, the Commons did use to present their Bills (or Petitions) to the Re ceivers of Petitions appointed by the King by one select Messenger (no constant Speaker it seems being then made use of, or Mace or Ensigns of Honour carried be­fore him, by one of the Kings Serjeants at Arms, granted or allowed by the King, of which honourable circumstances Mr. Pryn acknowledgeth he could find no original) accompanied with divers other of the House, which probably, saith Mr. Noy, might produce such or the like inconveniencies.

A Subsidy was granted upon condition that their Pe­titions Ro. Parl 20 E. 3. n. 11. and grievances might be received the next day in Parliament, and hasty remedies ordained, which being promised, the Commons were ordered to deliver their Petitions to the Clerk of the Parliament (then intended and understood to be of the House of Peers) which was done accordingly.

Anno 21. E. 3. The Commons advised four days on Ro. Parl. 21 E. 3. n. 4. & 5. the Kings charge for their advice to be given touching the French War, wherein at last they desired to be ex­cused.

Anno 22. E. 3. Granted an Aid upon condition that Ro. 22 E. 3. n. 4. & 15. their Petitions of the last Parliament, and of this, might be dispatched in the presence of four or six of the Com­mons, and afterwards delivered their Petitions to the Clerk of the Parliament.

Anno 29. E. 3. The cause of Summons being declar­ed Ro. Parl. 29 E. 3. n. 10. & 11. on the Wednesday for a speedy Aid, the Commons were commanded to give their answer upon the Friday following, and in the mean time to make ready their Bills and Petitions, on which day after a short parlance with the Lords, they granted the Subsidy, and exhibit­ed their Petitions before the King.

Anno 42. E. 3. Were charged to make ready their Ro. Parl. 42 E. 3. n. 8. & 9. Petitions, and to deliver them upon the Wednesday fol­lowing.

Anno 43. E. 3. Being commanded to deliver their Ro. Parl. 43 E. 3. n. 10. Petitions prayed day until the Saturday following, and then presented the same.

Anno 47. E. 3. The King requiring a speedy Aid, Ro. Parl. 47 E. 3. n. 4. commanded, untill it should be agreed, that all business in the Parliament should in the mean time be suspend­ed.

[Page 510] Petitions of the Commons were not alwaies delivered in Parliament to the Receivers of Petitions, but some­times delivered publickly to the Lords themselves, sitting in their upper House, unless sometimes when the Lords had finished the charge given them by the King, and had no occasion to sit dailiy in their House, then they were delivered to the Clerk of the Parliament.

Petitions also were sometimes in Parliament directed to be delivered to the Lord Chancellor, who might of himself give them such Remedies, as the ordinary course of the Chancery would.

The King usually gave the Answers unto Bills exhibit­ed by the Commons with le Royle veult, or le Roy's advi­sera, to ordinary Petitions in the granting or deny­ing.

The petition of the Commons in 22 E. 3. was answer­ed by our Lord the King, the Prelates and the Grandees Ro. Parl. 22 E. 3. n. 30. of the Land,

In 28 E. 3. Some by the Lords alone. Ro. Parl. 28 E. 3. n. 27. Ro. Par. 2 R. [...]. n. 58.

And in the 2d R. 2. n. 47. some answered by the assent of the Commons, as 18. E. 3. to the 18 Article Anno 29. E. 3. n. 22.

Some refered to the Kings great Councel, as 22 E. 3. n. 18. 28 E. 3. n. 43.

Others answered by the Kings Councel alone, as Anno 17 E. 3. n. 52. 10 E. 3. n. 28. & 25 E. 3. n. 27.

Some referred to the King himself, as 22 E. 3. n. 9. 29. E. 3. n. 18. 20 E. 3. n. 17. 16 R. 2. n. 32. 1 H. 4. n. 118.

The Judges and the Kings learned Councel in the Law, and the Lords of the Kings privy Councel were antient­ly the standing Committees for to consider and examine Bills or Petitions, but the Judges and the Kings learned Councel at Law do now only attend the Lords in their Committees.

All Bills and petitions in Parliament were formerly di­rected to the King and his Councel.

Anno 20. E. 3. the Petitions of the Commons were brought before the Grandees of the Councel. Ro. Parl. 20 E. 3. n. 11.

Anno. 27. E. 3. the Commons pray that their Petitions may be answered, the which our Lord the King made to Ro. Parl. 27 E. 3. n. 9. be read and answered by the Prelates, Grandees, and others of his Councel.

[Page 511] The Chancellor telleth the Commons that the King Ro. Parl. [...] E. [...]. [...]. [...]. would ordain certain Lords and others after Easter, who should Sit upon the points of their Petitions not an­swered at that time.

The Judges are summoned to Parliament ad tractan­dum cum concilio, for so it was explained Anno 4. E. 3. the praeamble of the Statute de Bigamies mentioneth the presence of certain reverend Fathers Bishops of Eng­land and others of the Kings Councel.

Anno 17. E. 3. the Parliament was adjourned be­fore Receivers and Triers of Petitions were appointed.

Although a time was before limited for the delivery of Petitions, and the Commons were charged touching the maintenance of Peace, &c.

Petitions were sometimes answered by a Select number of the Kings Councel, and at other times all as the King pleased.

Some Petitions were formerly indorsed coram Rege, a­gainst which the Commons petitioned in 6 E. 3. n. 31. For that nothing was done upon their Petitions, and therefore prayed that they might be answered before the Parliament ended.

It appeareth by divers Answers to Petitions in Par­liament, that the Kings Councel unto whom they were committed did but report, what they thought fit to be done for Answer, prout Anno 15. E. 3. n. 17. where it is Ro. Parl. 15 E. 3. n. 17. 26. said, our Lord the King caused the same Answers to be given to the said Petitions, the which together with the Petitions were reported in full Parliament.

Eodem Anno it was answered, Our Lord the King commanded Answers to be made, the which put into writing were reported before our Lord the King, and the Prelates, and other Grandees.

Anno 17. E. 3. It seemeth to the Councel that it be Ro. Parl. 17 E. 3. n. 52. done.

Anno 18. E. 3. Divers Petitions of the Commons be­ing exhibited, a Memorandum was entred, viz. Unto which Petitions it was answered by the King and the Grandees, as to the second Article, Soit cestipetition grant­ed.

To the third Article il plaist au Roy, &c.

To the eight Article il plaist au Roy & au Son conseil quae se soit.

[Page 512] To the eleventh il plaist au Roy, &c.

To the 12th Article Soient les Statutes sur ceo faites tenus, &c.

Anno eodem the Answer was, It is assented by our Lord Ro. Parl. 1 [...]. E. 3. n. 32. the King, the Earls, Barons, Justices, and other Sages of the Law, that the things above written be done in convena­ble manner according to the prayer of the Commons in a long Petition of theirs against provisions from Rome, whereunto the Bishops durst not assent.

Eodem Anno the Commons exhibited their Petitions, which were answered drawn into a Statute sealed and delivered unto them Sedentibus before the Parliament ended, in the same Parliament also the Parliament exhi­bited their Petitions, which were answered, sealed and delivered unto them sitting the Parliament, which was Ro. Parl. 18. E. 3. n. 11. not usual, for the Statutes were most commonly made after the end of the Parliament.

The Answer to one of the Clergies Petitions in this Parliament was accord est pur assent du conceil.

Unto which may be added those of the 20th year of the Raign of King Edward the third, which concerned Ro. Parl. 20. E. 3. n. 33. 35. & 38. the Pope, to which Answers the Praelates (who were of that Committee) not daring to agree, the opinion of the temporal Lords and the Judges were only reported, viz. It seemeth to the Earls, Barons and other Sages, Lay­men of the Kings Councel, &c.

Anno 21. E. 3. il Semble a conseil qu'il faut faire pour Ro. Parl. 21. E. 3. n. 63. grand bien si plaist au Roy & as grandes du terre.

Eodem Anno, It seemeth unto the King, the Praelates and the Grandees, that the Custom stand in force, the Com­mons Ro. Parl. 21. n. 3. having petitioned that the Custom of the Cloth made in England might be taken away.

Anno 25. E. 3. It seemeth to the Councel that such enquires cease, if it please the King. Ro. Parl. 25. E. 3. n. 27. 28. 30.

Eodem Anno, It seemeth to the Councel that the Laws heretofore ordained ought to suffice, for that this Pe­tition is against the Law of the Land, as well as against the holy Church. It seemeth to the Councel that it ought not to be granted (the Petition being that no Capias Ex­communicat. should issue before a Scire facias to the party Et al. hujusmodi, &c.

Eodem Anno, It was answered, It is not the interest of Ro. Parl. 25. E. 3. n. 27. our Lord the King, nor of the Grantz.

[Page 513] Anno 28. E. 3. n. 33. It seemeth to the Lords and to the Ro. Parl. [...]. E. 3. n. [...]. Grands that the Petition is reasonable,

Eodem Anno, It is answered, Let the Common Law used Ro. Parl. [...]. E. 3. n. [...]. stand, for the Lords will not change it.

Anno 30. E. 3. The Petition of the Commons touch­ing Ro. Parl. [...]. E. 3. n. [...]. Chaplains Wages had two answers, The Archbishops and Bishops at the motion of the King and Grandees have ordained, &c. And therefore the King and the Gran­dees have ordained, &c. Those two Answers are recited almost ad verbum, the Prelates first, and then the Tempo­ral Lords considered of the Answer.

Anno 47 E. 3. It was answered, The King and the Lords Ro. Parl. 4 [...]. E. 3. n. 27. have yet no will to change the Common Law.

Eodem Anno, The Commons do require that every Ro. Parl. 4 [...]. E. 3. mans Petition be answered.

Anno 2. R. 2. apud Glocester le Roy del assent des Prae­lats, Ro. Parl. 2. R. 2. n. 74. Dukes, Countz, Barons, & de les Commons de son Roy­alme ad ordeigne, &c. The Commons having petitioned that all manner of Merchants might have free Traffick here.

And the like Answer was made to their Petition in Anno 3 R. 2 n. 37. & 38.

In 16. R. 2. Upon a Petition of Robert de Mull and his Wife touching the discharge of a Fine, the King answered, Soyent au Roy car ceo nest petition du Parlement.

In Anno 20. R. 2. Robert Mull petitioned the Commons stiling them by the title of honourable and Sage Com­mons in Parliament, praying them to be discharged of a Fine to the King imposed upon him, and supplicating them to make Relation thereof to the Parliament, and alledging that his Bill or Petition had been put upon the file the last Parliament, which doth prove that there was no standing Committees then appointed by the Commons in Parliament.

2 H. 4. The King by Advice of the Lords in Parlia­ment 2. H. 4. n. 55. 47. 37. hath committed this Petition to his Councel.

Eodem Anno upon a Petition of the Commons for re­moving of Stanks and Milks, generally, it was answer­ed, It seemeth to the King and to the Lords, that this Petition sounds in disherison of the King and of the Lords and others, wherefore let the Statutes before made be held and kept.

Eodem Anno, It is assented and accorded by the King and Lords, &c.

[Page 514] Anno 2. H. 5. The King by the assent of all the Lords grant­eth, Ro. Parl. 2. H. 5. [...]. 38 & 37. &c.

Touching the Petition for taking of Tithe of great Wood contrary to the Statute of 4 E. 3. whereupon the Judges were of sundry opinions; It was answered, be­cause the matter of the Petitioners demands required great and mature deliberation, the King therefore would that it be adjourned and remitted to the next Parliament, and that the Clerk of the Parliament cause this Article to be brought before the King, and the Lords at the beginning of the next Parliament for declaration thereof to be made.

In the 2d year of the Raign of King Henry the sixth the Ro. Parl. 2. H. 6. n. 12. King by the assent of the Lords Spiritual and Temporal and the Commons, granted the contents of their Petition in all points.

Divers other Answers given do prove Debates to have been in Parliament upon Petitions betwixt the Lords and the Kings Councel.

And saith Mr. Noy, that grand and very Attorney General to King Charle [...] the Martyr, who unhappily died before his Royal [...] had so much need as he had afterwards of his great abilities, or who ever was the careful Examiner of many of the Parliament Rolls and Compiler of that Manuscript which is honoured with his name, there can be no question made of those or the like Answers that they were conclusive, but only reported unto them to have their opinion first, and then their as­sent by vote after deliberation, which should necessarily precede their assent, and the Answerers were properly the Lords in the Kings name.

And the Debate was in the Kings presence, for, saith he, I have seen the fragments of the journal tempore H. 7. which directly sheweth that the King himself was pre­sent at the Debate of divers Bills (or Petitions) that were exhibited to the Commons and the Parliament, being kept in the Kings house, and near his own lodgings.

The Commons Petition that the Sheriffs be allowed in their accounts for Liberties, &c. Unto which was an­swered, The Lords were not advised to assent unto that which may turn to the decrease of the antient Farms of the Realm, or damage of the Crown, for ever, seeing the King is within his tender Age.

The Commons exhibited two Bills against the Ryots [Page 515] of Cheshire and Wales, &c. To which was answered by Ro. Parl. 12 R. 2. n. 44. the assent of all the Lords and Peers, when all the Lords and Peers in Parliament were charged in the Kings be­half, whereupon they have of their own good grace and free will promised to aid according to their power.

In the 18th year of the Raign of King Edward third, divers Answers were made accord, &c. not naming by whom, and some were general, with only, let this Petition be granted, yet the Statute touching Pleas to be held be­fore the Marshal doth expound the practice of that age, when it saith, that the King by the assent of the Praelates, great men and the Commons granted the same.

In the Act for moderation of the Statute concerning Provisors, the Commons are named, and the Lords whol­ly [...] 4. [...]. 11. [...] 45. omitted, and yet in the next Parliament, Anno 2. H. 4. upon a complaint of the Commons that the said Act was not truly entred, the Lords (upon examination granted by the King upon protestation that it should not be drawn into example, and the King remembring that it was well and truly done as it was agreed upon in Par­liament,) did affirm, that it was truly entred, taking no ex­ceptions at the said omission, but said, it was entred au ma­niere come il fuest parlz & accords par le Roy es Commons.

Anno 17 E. 3. The Commons petitioning that Chil­dren born beyond the Seas might be inheritable of Lands in England, that Statute was not inrolled in the same year; the Archbishop of Canterbury demanded of all the Praelates and Grandees then present, whether the Infants of our Lord the King, being born beyond the Seas, should be inheritable in England, the which Praelates and Gran­dees being every one examined by himself, gave their Answers, that the Kings Children are inheritable where­soever they be born, but as touching the Subjects Chil­dren born out of the Kings Service they doubted, and charged the Judges to consider thereof against the next Parliament, the Petition was entred in the Parliament Roll.

The Commons do pray, that where many Parceners Ro. 17. E. 3. n. 52. use an Action Auncestrel, and some are summoned, and have served their Writs alone without naming the others who have recovered, and in the same manner that it may be done of Jointenants.

To which the King answered, il sue al conseil qu'il foit [Page 516] faire par le mischeif qu' ad esteentiels cas lieur heirs.

And therefore saith Mr. Noy, Let the Lawyers puruse those Parliament Rolls, viz. 17, 20, 21, 22, 29, 40, 46. 51 E. 3. wherein no Statutes at all were made.

Annis 47 and 50 E. 3. Statutes were made, yet very many of the Petitions were not granted, but omitted, and doubts not but they will find divers granted, which de­manded Novelley, and yet not observed for Law, because they were omitted in the Statute, and that therefore the Commons have petitioned for some of the same things again in subsequent Parliaments, which they would not have done (except touching Magna Charta) if they had, had the grant of their former Petitions been in force.

In the 11th year of the Raign of King H. fourth, Ro. Parl. 11. H. 4. n. 28. 63. The Commons do pray that no Chancellor, Treasurer, &c. nor no other Officer, Judge, or Minister of the Kings taking fees or wages of him, do take any manner of gift or brocage of any man upon a grievous pain. To which was answered le Royle voet, which being entred in the Parliament Roll, in the margent was written, Respectuatur per dominum principem & concilium, whereby it was not made into a Statute, nor ever observed for a Law.

In the same year they Petition against Attorneys Pro­thonataries and Filacers, which being likewise granted and entred in the Parliament Roll, hath in the margent also written the like Respectuatur, and so no Statute made thereon at any time.

But in the next Parliament 13 H. 4. The Clerks and Ro. Parl. 13. H. 4. n. 49. Attorneys exhibiting their Petition to repeal that of 11 H. 4. did alledge that the Petition and Answer, if they be enacted in manner aforesaid into a Statute, and put in execution, would be grievous, insupportable, and impos­sible, and therefore prayed a modification.

To which was answered, Let the Petition touching the Prothonataries and Filacers be put in suspence until the next Parliament, and in the mean time let the Justices be charged to inter-commnne of this matter, and report their advice therein.

And the reason is, because an Ordinance is of a lower nature than a Statute, and cannot repeal a Statute, which is of an higher, and that Ordinances of Parlia­ment are seldom published by Proclamation, as the Sta­tutes were, whereby the Subjects might know how to direct their actions.

[Page 517] The Statute of 15 E. 3. being never used or put in practice, was repealed by a bare Ordinance in the next Par­liament.

In the Statutes or Acts of Parliament concerning Lon­don, Anno 28. E. 3. and Anno 38. E. 3. and Cap. 6. concerning Coroners and Takers of Wood, Cap. 7. con­cerning Sheriffs, Anno. 25. E. 3. Cap. 1. concerning Pourveyors, and Cap. 4. concerning Attachments, and Cap. 2. concerning Treasons, the assent of the Lords in the Parliament Rolls is wholly omitted, and yet the Statutes the best Interpreters do mention their Assent.

In the 21 E. 3. the Commons pray that the Peti­tions Ro. Parl. 21. E. 3. n. 7. delivered in the last Parliament be dispatched and answered this Parliament without any delay, &c.

To which the King answered, The shortness of the time will nor suffer that those things be dispatched before Easter, and therefore it pleased the King that those other things be dispatched.

The King in Anno 22. of his Raign greatly prospering in his Wars in France, and besieging Calice, sent unto his Parliament in England to demand a Subsidy, putting them in mind of their promise to aid him in those Wars with their bodies and their purses, whereupon they granted him two fifteens, the King shortly after informing them of more successes, and that he had granted to the King of France a Truce, and demanding another Subsidy, and to make them the more willing thereunto, required their advice, whereupon after four days deliberation with the Lords, fearing the lengthning of the Wars by Truces, re­fused to advise touching the same.

The King on the other side received their Petitions, but answered them not, and therefore the next Parliament the Commons petitioning for Answers, conditioned with the King in their grants of the Subsidy to have Answers to their former Petitions, and those also which were deli­vered in the present Parliament; and although they were entred in several Rolls, as if they had been answered in each Parliament, they were all answered in the latter.

And the use and practice was to enter none but such as had been read.

In the 6th year of the Raign of King E. 3. it being demanded of the Lords and Commons on the behalf of the King, whether he should stay until the business of Parliament were finished, or take his Journey in hast into [Page 518] the North, they advised him to go hastily into the North, and to appoint another time for the dispatch of the business of the people upon their Petitions.

The Parliament giving a very great Subsidy to the King, a condition was assented unto, that the Petitions of Ro. Parl. 14. E. 3. n 6. 23. the Commons should be granted, upon which requests and conditions by Commandment of our Lord the King by the assent of the Praelates, Earls, Barons and Commons, a Committee of Praelates, Earls, Barons, the Treasurer, some of the Judges, and ten Knights of the Shires, six Ci­tizens and Burgesses, whom the Commons should chuse to sit from day to day, as also concerning the Petitions of the Clergy, and put the same into a Statute.

The which Archbishops, Bishops and others, having heard and tried the said requests by Common assent and accord, caused the Points and Articles to be put into a Statute, the which our Lord the King by the assent of all in the said Parliament commanded to be ingrossed, sealed, and firmly to be kept throughout the whole Realm.

Divers things are entred in the Parliament Rolls which had not the consent of the Commons, for that they might have been concluded by the King and the Lords without them, yet none such could have been en­tred, but those which were determined in the open house, and not privately at a Committee.

The Answers to the Commons were appointed to be read Sedente Curia, and a Committee appointed to pre­pare Ro. Parl. 45. E. 3. n. 8. 13. 42. the Answers to the rest after Easter, and so the Clerk having only read those that were answered, the Parlia­ment ended, saith the Record, in Lent.

Shortly after upon the examination of the Subsidy, that it would not answer the expectation, he hastily summoned a Magnum concilium in Octabis Trin. following.

Where after a further grant of a Subsidy, the Petitions which were not answered the last Parliament being read before the King, Grands and Commons, the King gave them leave to depart, and so ended the Councel. One of the last Parliament against Impositions upon Woolls without assent of Parliament is made into a Statute.

And happily it was answered at the Councel and not at the Parliament.

And if that very age interpreted it to be legally done, we must do so also saith, that learned Commentator.

[Page 519] Anno 47 E. 3. where the Commons having delivered Ro. Parl. 47. E. 3. n. 1. their Petitions, and desired Answers, it was told them that it pleased the King, if any of them would stay to attend and have Answers of their Petitions, that the rest might depart, and it was not unusual in those times for the Com­mons to have leave to depart, and yet the Lords to stay and dispatch business afterwards, and the same reputed to be done in Parliament prout Anno 6. E. 3. Gregory n. 16. & 6 E. 3. Hill. n 7. in fine 1 R. 2. n 41. & 137.

The Commons did pray the King that he would advise to do that ease unto his people which he may well do.

And Anno 18. E. 3. do pray that the Statute of West­minster the 2d may be declared, to which the King an­swered, Let the Justices and other Sages be charged to ad­vise of this point until the next Parliament.

They pray that the Statute for the Kings presentment Ro. Parl. 20. E. 3. n. 43. and 22. within three years, &c may stand.

Whereunto it was answered (probably by the Lords) let the King be advised and do further by advice of his Councel that which he shall will to be done.

Eodem Anno they do pray that sufficient men be made Sheriffs and abide but one year, as hath been ordained, and that the said Office be not granted for life or in fee.

Whereunto the King answered, as touching the first point, let the Statute be kept, as touching the 2d the Councel will advise the King that it be not done, for they be advised that it is against the Statute.

And note, saith that learned Observator, that the King was then beyond the Seas, and the Lords would not give a direct answer in his absence to what concerned his power to grant an Office in fee.

The Commons shew that the Scots entred England in the Kings absence, and pray that the Prisoners taken in Ro. Parl. 21. E. 3. n. 9. the Battel at Durham may be so ordered, as the damage and danger happen not again.

To which was answered, the King will advise therein with his Grands, and by their advice ordain that which shall be for the best, and so do, as the Commons shall be out of doubt of that which they suppose by the help of God.

Which being a matter of State, the Lords would not conclude without the King, but leave it to himself and his Privy Councel.

[Page 518] They pray that no Royal Franchises, Lands, Fees, Ad­vowsons, Ro. Parl. 21. E. 3. n. 36. 50. and 59. which belong to the Crown, or are annexed to it be given away or severed.

Unto which was answered, The King will advise with his good Councel, that nothing shall be done in this case unless it be for the honour of himself and the Realm.

Eodem Anno they do pray, whereas holy Church ought to have free Elections, the Pope doth now begin to give Abbies and Pryories by Resignations, &c.

That the King would ordain Remedy therein by ad­vice of his Councel.

Whereunto was answered, the King will advise with his good Councel.

The Commons do shew, that whereas the men of the Navy have assented to all Taxes currant in the Land, yet their Ships are taken, and many lost in the Kings Service without any recompence given unto them.

Wherefore they pray, that the King would be pleased to ordain thereof Remedy.

To which was answered Le Roys' avisera.

Which being a Petition coram Rege concerning him and their Wages and Recompence, the Lords referred it wholly unto his Majesty.

Anno 22. E. 3. they do pray that no Appeals be re­ceived Ro. Parl. 22. E. 3. n. 13. of any Apellors of Fellony done out of the Coun­ty where he is imprisoned.

To which the King answered, that will be to make a new Law whereof the King is not advised as yet.

Anno 25. E. 3. they Petition against the payment of Ro. Parl. 25. E. 3. n. 37. Tithe-Wood.

Unto which was answered, the King and his Councel will advise of this Petition.

They pray, that the Customs of the Merchants cease, Ro. Parl. 21. E. 3. n. 21. and they make their own conduct.

To which was answered, le Roys' avisera, and thereupon will answer in convenable manner.

Anno 13. E. 3. they pray that a Justice of the one Bench or the other may come twice a year into the Ro. Parl. 13. E. 3. n. [...]. Counties beyond Trent.

To which the King answered as touching this point, l' Roys' avisera.

Which amounted not to a denyal, for the Judges went Circuit thither afterwards.

[Page 515] Anno 37. E. 3. They pray that none be impeached for making Leases for Life in time of Pestilence, nor here­after for Lands holden in Capite without Licence of Alie­nation.

To which the King answered, This requires a great Ro. Parl. 37. E. 3. n. 33. deliberation and therefore the King will advise therein with his good Councel how this right may be saved, and the Grands and Commons of this Land eased.

Anno 45. E. 3. they Petition for the free passage of Woolls.

To which was answered, Estoit sur avisement.

Anno 50. E. 3. They pray that a Fine levied by In­fants Ro. Parl. 45. E. 3. n. 29. and Feme Coverts may be reversed within three years after they come to years, or their Husbands Death.

To which the King answered, le Roys' avisera tanque Ro. Parl. 50. E. 3. n. 123. al procheine Parliament de changer le loy devant used.

And it was the observation of Mr. Noy that faithful and learned Attorney of his late Majesty, that in the Raign of King E. 3. in whose time the Answers of le Roys' avisera first began by reason of his being continual­ly in War beyond the Seas, the King or his Councel had no leisure, or at least no will to answer, & so in time s' avi­sera became as bad as a denyal, and no other Answers given to such Petitions shewed, that the King was not pleased to grant them.

The Commons alledging, that notwithstanding the Statute made concerning Lands seized into the Kings hands by his Escheators, the Lands after Enquest taken, and before it can be returned into Chancery are granted to Patentees, and before the Tenant can be admitted to traverse, the Lands are many times wasted, do pray, that none be outed by reason of such Enquests until they be returned into the Chancery, and the Occupiers warned by Scire facias to answer at a day to come, when if they do not appear and traverse, and find Sureties to answer the profits, and commit no wast, if it be found for the King, and that if any Patent be granted, or any thing done to the contrary, the Chancellor do presently re­peal the same, and restore the Complaint to his possession without warning the Patentee or other occupier as well for the time past as the time to come.

The Answer unto which was, The King willeth and [Page 522] Commands upon great pain that the Escheators hereafter do duly return all their Enquests in the Term and upon the pain heretofore ordained by the Statutes.

And further it is accorded by the Lords of the Realm if it please the King, that before such Enquests be return­ed into the Chancery, the King shall not hereafter make any Patent of such Lands in debate unto any, &c. And that the King of his abundant grace will abstain one month after such return, within which time the party may traverse the Office, and that the King will not make any Patent of such Lands unto any Stranger, and if after any be made, it shall be void.

But touching that which is demanded of Patentees made hereafter le Roys' avisera.

It being observed by that worthy Observator, that as he conceived the first part was answered by the Kings Councel, and by them reported to the Lords, who added the rest of the Answer, if it please the King.

And yet the said Answer is vacated upon the Roll, being Crossed all over with a Pen, and the reason thereof given in the margent with a contrary hand to that of the Roll, which shew­eth that it was done after the Parliament was ended, and af­ter the said Roll was ingrossed, viz.

Quia dominus noster Rex noluit istam responsionem affir­mare, sed verius illam negavit pro magna parte dicens, soit usez come devant en temps de ses nobles progenitors Roys d Angle terre out ad estre use, Et ideo cancellatur & damna­tur.

And there can be no question but this answer (in the affirmative) was allowed (at the least not denyed) at the time of the Royal assent, and that afterwards when the Statute was to be drawn up, the King taking advan­tage of the words (si plest au Roy) did deny it, and so the Roll was vacated.

And the Councel (which ought to be intended the Kings Privy Councel, for the Lords were the Kings great Councel, and they or any Committee of them assist­ed by the Judges whilst the Parliament was in being were at the dissolution or proroguing thereof all gone out of their former power or employ, and nothing ought to debar a King from advising with his Privy Councel by whose Advice, as the Writs of Summons do import his [Page 523] greater Councel was called to assist them as well as him­self in the time of Parliament, or after it was ended, and whether the one or the other had just cause to advise the King not to grant that Petition for it, omitted the find­ing of Sureties to commit no Wast, and to answer the Issues to the King, which the Commons offered in their Petition, and the Lords, if the King so pleased, that no Patent be made to any stranger of the Lands in debate, which the Commons never desired.

But the Councel were the willinger to let it pass, be­cause it was in the Kings Power to deny it afterwards, as he did, whereas, had it been the practice of those times, the Councel would rather have kept back the Answer, and not suffered it to have been read at the time of giv­ing the Royal Assent,

In the fame Parliament (after the said Petition was granted, and the Assent cancelled as aforesaid) the Com­mons delivered openly in Parliament a great Roll or Schedule, and another Bill annexed to the said Roll con­taining about 41 Articles, one of which remains Cancelled and Blotted out.

And in a Petition do pray the King their Leige Lord and the continual Councellors about him (which can be no otherwise understood than of his constant privy Councel) that of all the said Articles comprised in the said Roll and Schedule or Bill, which are in the file of other Bills in this Parliament, good Execution and true Justice be done for the profit of the King our Lord and his whole Realm of England.

Whereupon after it was said by the Chancellor of England on the Kings behalf to the Knights of the Shires, Citizens and Burgesses there present, that they sue forth their Writs (for their Wages) the Praelates and Lords arose and took their leaves of the King their Lord, and so departed that present Parliament.

And after the Parliament ended, the Commons delive­red unto the Lords two great Bills, for the Commonalty of great Yarmouth, the which Bills with the Indorsements thereupon made by the Lords, were also on the Filace.

Divers Bills are there mentioned to be delivered, and some mentioned to have been answered (as happily all were) (saith that diligent Observator) by the Lords of his Majesties Councel after the Parliament ended.

[Page 524] And therefore no marvel if all the Answers were not read on the last day of the Parliament, when some of them were not made until after the Parliament ended; and there is a Petition directed to the thrice redoubted Ro. Parl. 51. E. 3. n 22, 23. Lord the King in these words following, viz. Supplie vos Leiges, the Praelates, Dukes, Earls, Barons, Commons, Ci­tizens, Burgesses, and Merchants, of the Realm of Eng­land.

For Magna Charta to be confirmed unto them, and for a general pardon setting down the Articles thereof, whereof many were granted and many qualified as the King and his Councel pleased to answer the same.

And it was not the use and practise of those times to keep back any Answer that was justly displeasing to the King and his Councel, much less any other.

For in Anno 11. H. 4. The Commons petition, that Ro. Parl. 11. H. 4. n. 28. none of the Kings Officers may receive any gift, &c.

To which the King answered, le Roy le veult.

In the same year a Petition of the Commons concern­ing Attorneys was granted by the King, and both the Ro. Parl. 11. H. 4. n. 63. Petitions and Answers were ingrossed in the Parliament Roll together with the rest, which shews plainly, that they were Read on the last day of the Parliament for the Royal Assent.

Yet notwithstanding the Kings Councel so misliked them, that when the Clerk attended with the Roll of that Parlia­ment, for the drawing up of that Statute (as the manner was) those two Petitions and Answers were not thought good to be inserted in the Statute, and therefore they did write in the Margent of the said Roll against the same, these words, Respectuatur per Dominum Principem & Concilium, which is written with another hand, [& si non antea] le Roy le veult, answered to a Petition of the Commons without a Statute made there, is only an Ordinance.

The Commons complain of Commissions granted to Ro. Parl. 15. E. 3. n. 114. & 40. enquire of divers Articles in Eyre (generally) which have not been heretofore granted without Assent of Parlia­ment, and of the proceedings of the Justices therein con­trary to the Law in assessing Fines without regard to the Quality of the Trespass.

To which was answered, The King is pleased that the Commissions be examined in his presence.

In the 21th year of the Reign of King E. 3. the Com­mons Ro. Parl. 21. E. 3 n. 8. [...] [Page 525] pray that their Petitions for the Common profit, and for amendment to have of mischiefs, may be answer­ed and indorsed in Parliament before the Commons, so as they may know the Indorsement, and thereby have Re­medy according to the Ordinance of Parliament.

In the 37th year of the Raign of King E. 3. the Chan­cellor demanded of the Commons the last day of the Parliament, after the Answers given to the Petitioners were Read, if they would have the things so accorded, mys par void' Ordinance ou de Statute qui disoient qui bone est le matere les choses par voydes Ordinances & nemy per Statut & issint est fait.

And yet those were no otherwise drawn up into an Ordinance, than only by entring the Petitions and An­swers in a Parliement Roll.

In the 9th year of his Raign, the Articles of the Clergy 9 E. 3. being answered, they procured the same Articles and An­swers to be exemplified in such sort as they were entred in the Roll of Parliament (which is lost) without pen­ning the same in any other form, and were afterwards published under the great Seal of England, with an Ob­servari volumus.

In the Raign of the same King it was accorded, that Ro. Parl. E. 3. no Grand of the Land or other of what Estate or degree soever do make prizes or carriages for the houses of the King, Queen, or their Children, and that by Warrant shall make payment thereof; and it was ordained by Statute, that that Accord be cryed and published in Westminster Hall; And our Lord the King and his Coun­cel willeth the same accord be cryed where it behoveth.

So as where they prayed the publishing thereof at West­minster Hall, only the King and his Councel added the publishing thereof in London and elsewhere.

And the close Rolls of that year do declare that it was Ro. Claus. 5 E. 3. m. 2. indors. published in all the shires of England.

When an Ordinance had its first motion and being in the House of Lords in Parliament, and agreed on, and was drawn in the form of an Act of Parliament, it was afterwards to receive the Assent of the Commons in Parliament.

In divers Parliaments when the Commons Petitioned for a Novel Ley, which the Lords were willing enough to yield unto, and the King to grant, yet for that the King [Page 526] intended not to make any Statute that Parliament, those Petitions have been deferred to another time, and divers others which did not demand a new Law, were granted and reputed for good Ordinances or Acts of Parlia­ment.

As when in 21 E. 3. The Commons prayed that in Ro. Parl. 21. E. 3. n. 13. Writs of Debt or Trespass, if the Plaintiff recover dama­ges against the Defendant, that he have Execution of the Lands which the Defendant had the day in which the Writ was purchased.

Unto which the King answered, This cannot be done without a Statute, whereupon the King will advise with his good Councel, and further do that which shall seem best for his people.

In the same year the Commons do shew, that where­as before these times it hath been used, that if Lands Ro. Parl. 21. E. 3. n. 47. had been given to a man and his Wife, and the Heirs of their Bodies issuing, and the one dies, no Issue having been had betwixt them, the other may commit Wast without being impeached thereof, that it may please our Lord the King to ordain thereof Remedy, and that in such case a Writ of Wast be ordained.

To which the King answered, Demurge entre les autres Articles dont novel ley est demandez.

Eodem Anno, Shew the Commons, that whereas a Writ of Possession doth not lye of Tenements deviseable, though they be not devised to the great damage of all the Commons, that it would please our Lord the King and his good Councel, to ordain by Statute that Writs of Possession my lye and hold place as well of Tenements deviseable in case where they are not devised, as of o­thers, and that there be saved to the Tenants their An­swers in case that they be devised.

Whereunto the King answered, Let it remain amongst the other Articles, whereof a New Law is demanded.

In the 22d year of the Raign of the same King they Ro. Parl. 22. E. 3. n. 20. and 21. do pray, that for that many are disinherited by non Claim, although they have good Right, and namely, those who are not learned in the Law, that non Claim be gone and utterly taken away.

To which the King answered, This would be to make a New Law, which thing cannot be done for the shortness of time.

Eodem Anno, Pray the Commons, that where a man [Page 527] is attainted at the Suit of the Party for Trespass done against the Peer, and the Trespasser taken and let by the Marshal and his Marshals to Mainprise, or at large they be charged with the Damages.

To which the King answered, To put an Issue to this Article in manner as they pray, it would be to make a new Law, the which the King is not advised yet to do.

The Commons do pray, That the Issues and Amercia­ments of the Green Wax, be certainly expressed in the Ro Parl. 4 [...] E 3. n 24, 25. Estreats, and that the Sheriffs be allowed in their Ac­compts for the Hundreds granted from the Crown, which Petitions were referred to the next Parliament, for that the King had no leisure, or no intent to make Sta­tutes thereof at any time.

The Roll of the Parliament of 34 E. 3. is lost.

In the 17th year of the said Kings Raign, the Com­mons do pray, the King to desire the Parliament to con­sider how he might gain the Arrears of the first year, and be put in a way for to gain the second year of the said Aid with less grievance to the People.

But the Lords and Commons were so exasperated by the Excommunication threatened by the Archbishop of Canterbury against them all, because the King would not admit him into the Parliament, and that they requir­ed a Declaration to be first made and agreed upon, that the Peers of the Land, whether Officers or not, be not bound to answer the Kings Suit but in Parliament, and it was a whole week before the King would agree un­to it.

All which time the Archbishop demanded entrance, standing upon his right as primus Par Angliae, and re­quired to be admitted upon pain of Excommunication. At the last the said Declaration being first agreed upon by a special Committee of the Lords, the King granted it, and presently upon the same day the Archbishop was admitted, who demanded Tryal by his Peers.

But as touching the Aid for the King, the Lords and Commons incensed by the Clergy, flatly answered, that if the conditions of the grant in Anno 14. were not per­formed, they would pay none.

After which the Laity and the Clergy exhibited their Petitions (as the manner then was) severally but peti­tioning the one for the other, as they never did since [Page 528] or before, except in Anno 25. E. 1. when the Popish Clergy had put that great and Victorious King also to the like plunge, and their Petitions being answered by the Kings Councel (who were the standing Committee for that purpose) but the Lords and Commons disliked thereof, and obtained a Special Committee of themselves to consider of the same, which being reported and well liked, a Statute was made thereupon by a Committee of the Grands and Commons, which being read before the King, and Sealed with his great Seal, and delivered to the Grands and Commons, divers of the Kings Councel, as the Treasurer, some of the Justices of both Benches, the Steward of his House and the Chamberlain were sworn upon the Cross of Canterbury to observe the same as much as to them belonged, but yet the said Councel­lors, Treasurer, and Justices made their Protestation, that they assented not to the making of the said Statute, nor to the form thereof, neither could they keep the same if they were contrary to the Laws and Usages of the Realm, which they were sworn to observe, which disorderly Parliament ending in May, and the King intending not to suffer the said Statute to be put in Execution, sum­moned his great Councel to meet at London in July fol­lowing, to Repeal the same, but there were so many of the Praelates called thereunto, although the Archbishop was omitted, that he could not effect his desire therein, wherefore he summoned another great Councel to meet at Westminster about Michaelmas following, whereby the Assent of the Earls, Barons, and other wise men, (not warning any Praelates) the said Statute was repealed.

In which Statute so Repealed, there will appear to have been many inconveniences both to the King and his Peo­ple, if it had continued in force.

The 2d Chapter whereof touching Tryal by Peers swerved very much from the true meaning of Magna Charta, cap. 26. Nullus liber homo, &c. For that appoint­eth his Tryal to be by his Peers, but restrains it not unto any place, whereas this limits the Tryals of the Peers of the Land to be in Parliament only, which would be very inconvenient to the King to wait for a Parliament for every Offence, and very troublesom to the Commons to be so often troubled thi­ther, and no way beneficial for the Temporal Lords, for they, whether in Parliament, or out of Parliament, were ever to be tried per Nobiles Pares.

[Page 529] The 4th Chapter had Clauses, that the King should place New Officers when they fall but by accord of the Grands, which shall be nearest in the Country, which is direct­ly against the dignity of the King, to be thus limited in the choice of his Officers, and prove as inconvenient to the Subject, if those Grands should not be men of Merit.

That the King shall take all Offices except the Jud­ges, &c. into his hands the 3d day of every Parliament, and the Officers be put to answer every complaint, and if they be attainted, shall be judged by the Peers in Par­liament, and the King shall cause Execution to be pro­nounced and be done accordingly without dclay, which is altogether unjust and against all Right and Reason and against the Law, to put any man out of his place before Judg­ment and Conviction, and against the Right and Dignity of the Crown to bind the King to Execute the judgment of the Peers; And it is observable, that it was not in the Petition, but was added afterwards by the Committee, who drew up the Answer to the same, and so was the 4th Clause penned by the said Committee much more beneficial for the Subjects than was in the Petitions or Answers.

Which particulars well considered, no man can blame the King for his dissimulation at that time, and his Repeal of that Statute.

In the Parliament of 18 E. 3. where the King having summoned a former Parliament in the year before, and therein pacified the Lords and Commons so well as they all agreed, that the said Statute made in the 15th year of his Raign, should be Repealed and taken away, and loose the name of a Statute, for as much as it is prejudi­cial and contrary to the Laws and Usages of the Realm, and to the Rights and Praerogatives of the King.

But for that some Articles were comprised in the said Statute which were reasonable, and according to the Law and Reason; It was accorded by our Lord the King and his Commons, that of such Articles and others accord­ed in this present Parliament, a new Statute be made by the advice of the Justices and other Sages, and held for ever.

And no Statute being made, the Commons prayed the King to have the Answers to their Petitions in writ­ing in manner of a Patent under the great Seal of England for every County, City and good Town, one Patent for [Page 530] the comfort of the People, which the King granted by the advice of the Praelates and Grands, most of which were the Judges, Officers of State, and Privy Councellors of the King, which Patent was sealed and entred in the Patent Roll, under which was written, la Charter ensealer pour les Communs.

After which the King summoned three Parliaments in 20, 21, and 22. But no Statute was made in either of them. The next Statute was made in Anno 25 E. 3. in which year the King had two Parliaments and Statutes made, but mention nothing by whom they were made, only the Commons do pray, that the Petitions reason­ably prayed by the Commons be granted, confirmed and sealed before the departure of the Parliament.

And in the same Parliament n. 43. The Commons praying, that the Statute made the last Parliament touching Reservations, be published and put in Execu­tion.

Unto which the King answered, Let the Statute be viewed and recited before the Councel, and if need be in any point, let it be better declared and amended, as the Statute of the King and the Realm be kept.

By which it appeareth, that the Councel penned the Statutes.

Anno 27. E. 3. The King summoned a great Councel, whither many Commons were sent, and it was agreed, that the Ordinances of the said Councel should be recited in the next Parliament.

Anno 28. E. 3. n. 16. The Commons prayed, that the Ordinances of the Staple, and all the other Ordinances made at the last great Councel, which they have seen with great deliberation, be affirmed in this Parliament, and held for a Statute to endure for ever.

Unto which the King and Lords agreed with one mind, so always, that if any thing be to be put out, let it be done in Parliament when need shall be, and not in any other manner.

And accordingly there is an Addition at the end of the first Chapter against Provisors, as in the Statute Roll and Print, but not in rot. Concilii Anno 27. nor yet in the Parliament Roll de Anno 28. E. 3. That whole Addition seeming to be added by the Councel alone, and yet shewed to the Parliament for their consent before the said Statute was published.

[Page 531] And it is observable by that of 27 E. 3. n. 43. and this of 28 E. 3. n. 16. That the Statutes were most usually made long after the Parliament ended, although in the Parlia­ments of 14, 15. and 18 E. 3. they were engrossed and sealed in the time of Parliament sedente curia.

Statutes were made when some of our Kings were beyond Sea, which happened often in the Raigns of. E. 3. and H. 5.

Anno 25. E. 1. a Parliament was held at London when the King was in Flanders by his Son Edward, and the Sta­tute made therein was put into the form of a Charter or Patent.

Anno 13. E. 3. were two Parliaments whilst the King was beyond the Seas, but no Petitions or Statutes in either.

Anno 14. E. 3. a Parliament was holden in the Kings absence beyond the Seas by his Son Edward Duke of Cornwal Guardian of England, but no Petition of the Com­mons nor Statute.

Anno 23. E. 3. a Parliament was held in the Kings ab­sence by Lyonell the Kings Son, Guardian of England, and divers Petitions of the Commons were then answered, but no Statute made thereof.

Anno 51. E. 3. the King could not be present at the beginning of the Parliament, but granted a Com­mission to Richard Prince of Wales to begin the same, Et ad faciendum ea quae pro nobis et per nos facien­da fuerint.

And yet the Lords went to the King (lying sick at Sheene) the day before the Parliament ended, where he gave his Royal Assent unto the Answers made unto the Petitions, and commanded them to be read the next day in full Parliament, but yet no Statute was made thereon, notwithstanding the Commission, for the Commission was but for matters to be done in Parliament as the words Ibidem facienda fuerint do import.

Anno 8. H 5. a Parliament was held in England by Humfrey Duke of Gloucester, the King being then beyond the Seas, wherein the Commons petitioned n. 16. That whereas it had been told them by divers Lords in this Parliament that the Petitions to be delivered to the Duke of Gloucester Guardian of England, shall not be in­grossed before they be first sent beyond the Seas to [Page 532] our Soveraign Lord the King to have therein his Royal Assent and Advice, wherefore may it please the said Lord Duke to ordain by authority of this present arliament, That all the Petitions delivered by the Commons to the said Duke in the Parliament be answered and determin­ed within this Realm of England during the said Parlia­ment, and if any Petition remain not answered and de­termined during the said Parliament, that they be held for void and of none effect, and that this Ordinance be of force and hold place in every Parliament to be held in the Realm in time to come.

To which was answered, Soit avise per le Roy.

Howsoever it may be conceived, that all the Petitions with the Answers were sent to the King for his Advice and Assent which of them should be in the Statute, and which not, for in that Statute consisting of three Chap­ters which was made that year, there are only two of the answers to their Petitions determined that is made into the said Statute, viz. pet. n. 4. in the 2d cap. and pet. n. 7. in the 3 cap. The Commons did not Petition for any thing contained in the 5th cap. neither is there any thing recorded thereof in that Parliament Roll; & although one other of the Commons Petitions n. 15. for Women Aliens the Wi­dows of Englishmen to have Dower was granted absolute­ly, and the Petition n. 8. against Retail of sweet Wines altogether, and the Petition n. 9. That Gascoign Wine should not be sold for above 6 d. the Gallon were granted with be it as is desired if it please the King.

Yet neitheir of these Petitions are in the Statute.

The usual time for making the Statutes, was after the the end of every Parliament, yea after the Parliament Roll was engrossed,

Anno 3. R. 2. The Temporal Lords met in the great Councel after the Parliament was ended, where the Clerk read unto them the Enrolment of the Ordinance in that Parliament touching the power of the Justices of the Peace.

At which time it is probable the Statute was made, and that Ordinance quite altered.

Anno 11 H. 4. n. 28. and 63. The Petitions and their Answers agreed on in Parliament, are entred in the Roll with the rest, which past into the Statute of that year, and in the margent was written with another hand, Re­spectuatur [Page 533] per dominum Principem & concilium, and nei­ther of those are in the Statute, by which it is very plain, that the Kings Councel met after the Parliament was ended to consider of the Petitions which were answered, and which of them were fit to be put into the Statute, and which not, and when the Clerk attended with the Parlia­ment Roll, the Councel thought fit to respite those, and to deny them they could not.

And it is evident by the many additions in the Sta­tutes and alterations thereof, from the Answers agreed on in Parliament, that the Statutes were made after­wards.

And many Chapters in several Statutes are not at all entred in the Parliament Rolls, as 27. E. 3. cap. 5, 6, 7, 8. Eodem Anno cap. 7. & 19. 2. R. 2. apud Westm. cap. 3. Eo­dem Anno cap. 15 9. R. 2. cap. 3, 4. & 5. 11. R. 2. cap. 4. 5. & 6. 14. R. 2. cap. 7. 15. R. 2. cap. 4. & 12. 16. R. 2. cap. 1. & 6. 18. R. 2. cap. 8. & 9. Anno 8. H. 5. cap. 1. 8. H. 6. cap. 28. & 29. 18. H. 6. cap. 3. 27. H. 6. cap. 3. The use being for the Clerk to bring the Bills themselves as well as the Roll before the Kings Councel, who penned the Statute out of the original.

The Statutes were antiently drawn into a form of Law, and certain Articles out of the Petitions and An­swers.

Anno 25. E. 3. n. 23. The Petition was, quae nul homine soit arcle de trover gents d' Armes Hoblers ne Archers autres quae ceux quite ignont per tiel service sil ne soit▪ par com­mon Assent & grant en Parlement par ceo est contre la droit du Royalme.

Unto which was answered, le Roy ottroie a cest Peti­tion.

Yet the Statute hereupon made omitteth the words, viz. For it is against the right of the Realm.

The 11th Chapter omitteth the clause in the Peti­tion, viz. And not of other fees as have been levied of late.

In the same year Petition n. 18. It is prayed, that nul Enditour soit mis en Enquest sur la deliverance de la Endi­tee nient plus en trespass qu' en felonys 'il soit challenge pour celle cause per celui qu' est enditee.

The Statute thereupon cap. 3. Is in rot. statut. Auxint accorde est que nul Enditour Soit misen Enquest sur la deli­verance [Page 534] del Enditee de trespass ou de felonys'il soit challenge pour tiel cause per l' enditee.

Which is more favourably penned for the Subject, taking away all dispute, whether the Enditor might have been of the Jury or not, in case of Felony, before the making of this Statute.

And such kind of alterations happen often.

The 4th Chapter of this Statute agreeth with the Pe­tition, n. 19. Save that after the words presentment, de bons & loy al & du visne, there is added in the Statute, ou tiel face se farce, where such act is done which explains out of which visne the presentment is to be.

But the Print is very false, for there it is said, that it shall be lawful for every man to Exchange Gold for Silver, so as no man can hold the same as exchanged, nor take the profit, &c. Whereas in the Answer to the Petition and Statute Roll it is, that it shall be well lawful to any man to exchange Gold for Silver, or for Gold or Silver, so as no man can hold a common exchange, nor nothing take of the people for the same exchange.

The 13th Chapter of that Statute Anno 15. is taken out of the Answer to the Petition n. 22. and somewhat out of the Petition also.

The 15 cap. out of the Petition n. 41. and the Answer also.

The 13th cap. of the Statute of 28 E. 3. was made part out of the Petition and Answer n. 47. and part out of the Petition alone n. 55. and the last part thereof out of the Petition and Answer n. 50. but the Statute hath more concerning Tryals of Merchants n. 55. and for Marriners n. 50. than is in the said two Petitions and Answers.

Of the 16th Article of the Statute of Westm two touch­ing conditional grants, the answer is referred to the Judges to advise thereof till the next Parliament.

The Statutes thus drawn into divers heads or Articles were shewn to the King, & upon his approbatio engros­sed sometimes with a Praeamble, & an Observari volumus in the conclusion, and at other times without any praeamble at all, and by Writs sent into every County to be pro­claimed.

Anno 14. E. 3. n. 7. the King commanded the Statute to be engrossed, sealed, and firmly kept.

[Page 535] 15 E. 3. n. 42. The Statutes were read before the King, sealed with the Kings great Seal, and delivered to the Grands and Knights of the Shire, &c.

The Statute de Tallagio non concedendo, &c. made in 25 E. 1. is no where enrolled, but is mentioned in the anti­ent Collection of Statutes, it was sealed and sworn unto by the Bishops and great Lords.

The second Chap. That Judgments contrary to the said Charters, shall be void, is out of the latter part of the fourth Article.

The Third Chap. That the said Charter shall be read twice in every year, is out of part of the sixth Ar­ticle.

The Fourth Chap. That Excommunication shall be pronounced against the Infringers of the said Charters, is out of the rest of the said six Articles.

The fifth, sixth, and seventh, Chap. against Taxes, Aids, &c. out of the first, second, and third Ar­ticle, with two savings which are not in the said Arti­cles.

The confirmation of Magna Charta & Charta de Fo­resta were confirmed under that Kings great Seal by Let­ters Patents.

And the great Charter of Henry the third by Inspexi­mus Teste Edwardo filio suo.

The like confirmation also in 28 of his Raign being not enrolled in the Statute Roll.

The praeamble of the Articuli Super Chartas, is false Printed, for in the Record it is, our Soveraign Lord the King hath again granted, renewed and confirmed the said Charters at the request of his Praelates, Earls and Barons, assembled in Parliament.

And hath ordained, enacted, and established, certain Ar­ticles against all them that offend contrary to the points of the said Charters.

Wherein he was enforced by the great Lords and the Peoples murmuring to omit the Salvo jure, which he would have inserted.

But at his return from the Scottish Wars in Anno 33. of his Raign, repented him thereof, and procured the Pope to absolve him of his Oath, for that he was enforced there­unto.

The Statutes for Ireland were directed to the chief Ju­stice [Page 536] of Ireland to be there proclaimed.

Anno 21. E. 3. The Statute of the Leap-year, or ra­ther as it is in the Record, de modo surgendi de malo lecti, is enrolled in dorso rotuli Parliamenti, where Proclamati­ons were then usually entred, and directed to the Chief Ju­stice of the Bench.

The Sentence of Curse in Anno 37. H. 3. was no Statute, though proclaimed in the presence of the King and his Nobles, sealed by the Archbishop and Bishops, but not by the King.

All other Statutes of H. 3. were proclaimed.

In Anno 4. E. 3. The extent of Mannors, and the Statute de officio Coronator, &c. are not enrolled, nor the Statute of Bigamy made in the same year, though it was publish­ed, and hath the praeamble of a Statute.

Anno 7. E. 1. The Statute de defensione portandi arma, was sent by Writ Patent to the Justices, and by another Writ Patent to the Treasurer, and Barons, of the Exchequer to be there enrolled.

And Eodem Anno the Statute of Mortmain is directed to the Justices in Banco, to be there enrolled in Rot. Sta­tute.

9 E. 1. In the Print, the correction of the Statute of Glouc. is directed in the form of Letters Patents to the Justices, but recorded to be done Anno 9. E. 2. Ro. Glouc. Anno Eodem m 10.

Anno 12. E. 1. The Statute of the Exchequer is direct­ed to the Treasurer and Barons of the Exchequer, Ro. Claus.

13. E 1. The Statute of Acton Burnel hath no Prae­amble, or any form of a Proclamation, and yet it is en­rolled in Ro. Stat. m. 46 Where there is one clause, that the King shall have one penny out of every pound, to maintain the Clerk, and another that that Ordinance shall not extend unto Jews, both which are omitted.

This Statute is also enrolled Ro. Claus. Anno 11. E. 1. In dorso, which shews the true year when it was made.

The Statute de circumspecte agatis was but an Or­dinance upon the complaint of the Bishop of Nor­wich.

Anno 18. E. 1. The Statute Quia emptores terrarum hath a Praeamble and conclusion in form of a Statute, and yet is [Page 537] not enrolled in the Statute Roll, the first in the Statute Roll being that of 6. E. 1.

The Statute of Wast is but an Ordinance upon a de­bate in Parliament, and the Justices commanded to proceed accordingly.

Anno 9. E. 2. The Articles for the Clergy are the Pe­titions of the Clergy, and the Answers thereunto are ad verbum Exemplified under the great Seal, with an Ob­servari volumus, and not drawn up into the form of a Sta­tute.

Anno 15. E. 2. The Statute of Carlisle, is by Writ sent to the Justices of the Bench, and sealed in the time of Par­liament, as may appear by the date thereof at our Palace of Carlisle.

Articles concerning the Kings Praerogative, and the Answers thereunto, are only recited, and not drawn up in the form of a Statute, and seems to be but an Ordi­nance made in Parliament, and the Justices of the Bench, directed to observe the same, else it had not been regi­stred, saith that very able Commentator Mr. Noy, in our antient Manuscripts, the venerable Conservators of our Statute Laws, and otherwise had long ago perished with our Parliament Rolls, whereof divers are missing of the Subsequent times, all of the former to 4 E. 3. Yet the Statute Roll, from 6. E. 1. are extant, but divers Sta­tutes omitted therein, even from the said time.

9. E. 3. The Statute of Money made at York, was di­rected to the Sheriff to be proclaimed, it may be for hast upon the approaching Fairs.

Of 18. E 3. Upon the Petition of the Commons Ro. Parl. 18. E. 3. in dors. n. 49. that Merchant strangers might buy Woolls freely, Pro­clamation was immediately sent to the Sheriffs for that purpose.

The revocation of the Statute of Anno 15. E. 3. and the Statute against Maintenance Anno 20. E. 3. being Acts made in the Kings great Councel and not of the Parlia­ment, were directed to the Sheriff to be published, and so was the Statute of Labourers in the 23 year of that Kings Raign, and also to the Bishops.

And all other the Statutes of E. 3. to the Raign of Henry 6. were drawn up in the form of Letters Patents, or with a short Praeamble, that the things following were ordained in Parliament, and sent with a Writ to [Page 538] every Sheriff to be published, whereof some remain yet in the Tower of London unsent in the time of Henry 6. Probably because that about that time the invention of Printing was brought into England.

Insomuch as in those times,

  • 1. No Statute hath been made (in some Parliaments) although sometimes agreed upon.
  • 2. Many things have been omitted.
  • 3. Many things added.
  • 4. A Statute hath been made wherein the Commons gave not their Assent.
  • 5. Wherein neither Lords or Commons assented.

Anno 18. E. 3. The Commons exhibited a Petition containing 12 Articles, which were presently answered, and together with the Subsidy grant was made in­to a Statute, sealed, delivered and published, Sedente Curia.

And afterwards in the same Parliament they exhibited another Petition against Provisions from Rome, which was agreed and assented unto by the King, Earls, Barons, Justices, and other Sages of the Law, that the matters con­tained in the said Petition, should be put into a covenable form according to the prayer of the Commons n. 32. & 39. and yet no Statute at all made thereupon.

Anno 25. F. 3. n. 13. The Commons Petition against Provisions from Rome, which was under-written for an Answer to the same, viz. It is agreed that the Answer to this Petition shall be put into the Statute, and so the Statute was entred by the Clerk amongst the rest in the Parlia­ment Roll (a thing then usual) and yet that was not pub­lished with the other Statutes.

For in the next Parliament in the same year n. 43. The Commons prayed it might be published and put in Exe­cution.

Anno 3. R 2. n. 38. The Commons Petition against Extortions, was absolutely granted.

And notwithstanding the protestation of the Praelates to the contrary, it was enrolled, and yet afterwards at a great Councel the Lords then assembled said, it was not their intent it should be enrolled, and no Statute was made thereon.

Anno 11. H. 4. n. 28. & 63. Two several Petitions of the Commons were absolutely granted and entred in the [Page 539] Parliament Roll, and afterwards when the Councel met to draw up the Statute they were respited.

Anno 25. E. 3. n. 59. and cap. 3. Tit. Collations all this Clause was omitted out of an answer to a Petition of the Clergy, viz. It is accorded by the King, the Grands, and Commons, that after Judgment rendred for the King and the Clerk in Possession, the Presentment cannot be re­pealed.

And there are added in that Statute two special Clauses for the Clergy which were not in the Answer.

And afterwards Anno 13. R. 2. n. 59. cap. 1. Collati­ons, the like Clause for the King is wholly omitted, viz. And further, the King willeth, that Ratification granted for the incumbent after that the King presented and commenced his Suit, shall be allowed hanging the Plea, nor after Judg­ment given for the King, but that such Judgment shall be fully executed as reason demandeth.

Anno 37. E. 3. n. 10. The Commons petitioned, that the grand Charter, and the Charter of the Forest, and the Statute made Anno 36. of our Lord the King that now is, touching Pourveyors, and the other Statute made in his time, and the time of his Progenitors, be firmly kept and maintained in all points, and be duly Executed ac­cording to the Law, and that Writs be granted to every one who will sue upon every point; contained in what Statute soever.

And if any Justice or Minister be dilatory to any Sta­tute thereof made, that so much as he hath done to the contrary be held for nothing, and erroneous.

To which was answered, Il plest au Roy.

And yet notwithstanding that Petition was thus abso­lutely granted and agreed upon, the Statute made there­of cap. 1. is only, that Magna Charta, and all other Sta­tutes, shall be kept and duly Executed, omitting all the test.

Anno 45. E. 3. n. 14. They Petition that King, that it please him of his Grace and Majesty, to command, charge and ordain, that the great Charter, and the Charter of the Fo­rest be kept and held in all points, and that the Franchi­ses, Customs, and Liberties heretofore used be held and kept in form as they were granted or used.

To which was anwsered, Re Roy le voet.

And yet in the Statute thereon, cap 1. is no more than [Page 540] thus; It is ordained that the great Charter, and the Char­ter of the Forest be held and kept in all points, and omitteth all the rest.

Anno 2. R. 2. n. 27. cap. 1. The Statute is penned much larger for the Liberties of the Church, than is in the Petition or Answer, and the salvo for the Kings Regality, is wholly o­mitted.

Anno 3. R. 2. n. 26. cap. 1. They agree for the Liberties of the Church, but Magna Charta, and Charta de Foresta are wholly omitted in the Statute.

Anno 3. R. 2. n. 37. cap. 3. Touching Provisions, the special abuses of the Pope are omitted.

Anno 13. R. 2. n. 40. cap. 3. In the Oath which the Justices are to take, the words duly, and without favour are omitted.

Anno 25. E. 1. cap. 5. & 7. (Touching Aids, Taxes and Prises granted to the King, but not to be taken for a Custom; And a release for Tole taken by the King, for Wooll, and a grant that he will not take the like without common consent, and good will) were agreed by the Lords and Commons in that Parliament, sealed with the Kings Seal, and the Seals of the Archbishop, and Bishops, who with the Kings Councel were voluntarily sworn to the performance thereof.

Anno 28. E. 1. cap. 2. The saving was added by the King and his Councel, at the drawing up of the Statute, as appears by the words therein, viz. The King and his Coun­cel, do not intend by reason of the Statute.

Item cap. 20. At the conclusion was added a saving for the King.

5. R. 2. cap. 5. For Preachers without the Commons Assent repealed, 1 E. 6. 12. & 1 Eliz. 1.

The Assent of the Lords and Commons in Parliament, one or both expressed, included, or implied in that of King E. 3. or H. 4's grant of the Dutchy of Cornwal and annexing Lands thereunto, do as in the many antient grants of the Saxon Kings, signify no more than an ap­probation, and confers neither jus in re, or potestatem dan­di vel concedendi; And so in the case of the entailed, and restored Lands, and the Honour and Earldom of Oxford granted by King R. 2. to Awbrey de Vere in the 16th year of his Raign n. 151.

And the like may be believed where some things have [Page 541] been done, or Grants or Charters said and entred in the Parliament Rolls, to be Authoritate Parliamenti, which as the Judicious Mr. Noy hath observed, do not without other circumstances prove a common Assent of Parlia­ment, for that some of the Answers to divers Petitions of the Commons in Parliament temporibus R. 2. & H. 4. were put upon the Files only, and not entred in the Par­liament Rolls.

And the same words are in divers Acts of Parliament, mentioned to be inrolled in the Parliament Rolls of 4 & 7 of H. 4.

Anno 4. H. 4. The Commons pray, that the most suf­ficient Ro. Parl. 4. H. 4. n. 95. Welshmen of every Lordship be chosen to keep the Peace, and to answer for all Felonies, &c. as they were wont to do unto the Conqueror of Wales in the time of King Edward.

To which the King answered, let this Petition be com­mitted to the Councel to be thereof advised, and the same Councel have power to provide Remedy therein, according to their discretion by Authority of Parlia­ment.

In the 7th year of the Raign of the said King, the Commons prayed the King, that certain Petitions exhi­ted by Bartholomew Verdon, and his companions, might graciously be exploited, per authoritatem Parliamenti, whereupon the King by the Advice and Assent of the Lords in Parliamenr, and at the request of the Com­mons granted the said Petition, as by the Endorsement thereof filed amongst the special Petitions may appear.

But afterwards Anno 8. H. 5. n. 12. The Commons perceiving those words, (Authoritate Parliamenti) often used by the Lords alone in their Answers to Petitions ex­hibited to the Receivers, appointed by the King, whereby the parties complained of, were oftentimes constrained to answer Causes, determinable at the Common Law, before the Kings Councel, or in the Chancery, exhibited the Petition ensuing, viz.

Praying the Commons in this present Parliament, that if any man sue a Bill or Petition, with these words, (au­thoritate Parliamenti) and the Answer be made, let this Bill or Petition be committed to the Councel of the King, or to the Councellors of the King to execute and deter­mine the contents thereof (whereas the said Bill or Peti­tion [Page 542] is not by the Commons of the Land, required to be affirmed or assented unto) that no man to such a Bill or Petition, unless the Assent or Request of the Com­mons be endorsed, be bound to answer contrary to the Laws of the Realm.

Unto which was answered, soit aviser per le Roy.

At the foot of many Charters and Writs, have been indorsed, per ipsum Regem & totum concilium in Parlia­mento, and sometimes, per ipsum & concilium suum in Par­liamento, and at other times, per petitionem in Parlia­mento.

Anno 6. H. 6. 1. Part pat. n. 1. Pro Abbate & conventu de Welhow de avisamento Dominorum ad supplicationem Com­munitatis.

Et Teste Rege apud Westmonasterium per petitionem in Parliamento & pro 10 l. solut. in Hanaperio.

Anno 4. H. 4. n. 116. The Commons pray, that whereas one Thomas Taynleur Approver, had appealed divers honest men very falsly, for which he was drawn and hanged; it would please the King to grant out Writs of the Chancery, unto the Justices, to cease all process against the party so falsly appealed, which was granted assensu Praelatorum Procerumque, &c. And the form of the Writ there set down and underneath was written per petitio­nem in Parliamento.

In publick Ordinances the words of ceremony are sel­dom expressed, only the matter agreed upon is record­ed, but the manner and form of the agreement, and by whom in particular, is most usually omitted, yet neces­sary to be understood, for such was the practice and usage of that age.

In cases which require no new Law, those Acts were seldom entred; it was thought sufficient if they were on the file prout Fitz Herberts Abridg. tit. Parliament Anno 33. H. 6. n. 17.

Neither did those necessarily require the Common Assent of Parliament, for the Petitions granted Authori­tate Parliamenti do not prove the Common Assent, unless they were exhibited by the Commons, otherwise they were such only as were delivered to the Receivers of Pe­titions appointed by the King at the beginning of every Parliament, and they were answered by the Tryers then also appointed for the same, amongst whom none of [Page 543] the House of Commons, were ever appointed, and those answers, or the matters themselves being heard before the Lords in Parliament as Petitions of great weight and dif­ficulty alwaies were, for such alwaies had the additions of Authoritate Parliamenti, the first of them beginning tempore Richardi 2.

And whether those words be added or omitted, yet such Answers ever did and will bind, so as they be not contrary to the Laws and Customs of the Land.

There needed no publication of Ordinances, touch­ing the Chancery, when the Chancellor was present, nor concerning the Courts of Justice, when the Judges were present in Parliament, neither touching the grievances of the Kings Ministers and other Officers, for some of them were ever present in Parliament.

And the Commons were so careful to have their Par­liament Rolls engrossed as in 2d Henry 4. n. 26. divers days before the end of the Parliament they did by their Speaker beseech the King that the business done, and to be done in this Parliament, be enacted and engrossed be­fore the departure of the Justices, whilst they have them in their memory.

Unto which it was answered, that the Clerk of the Parliament should do his endeavour to enact, and en­gross the Substance of the Parliament, by advice of the Ju­stices, and after shew it to the King and Lords in Parliament to have their advice.

By which it appeareth, that the Parliament Roll was not drawn up by the Clerk alone ex officio, but with the advice of the Justices; and although it was here said, that it should be afterwards shewed unto the King, and Lords to be approved of by them, yet it is not to be thought that the King and Lords did usually examine the same, but the Judges advice was usually had therein, how else could the Commons require the same to be ingrossed whilst it remained in the Judges memory?

The Parliament Roll of 11. E. 3. For the creation of Ro. Parl. 5. H. 4. n. 22. his Son Prince Edward Duke of Cornwal, and annexing Lands thereunto is lost.

But in Anno 5. H. 4. The Commons exhibiting their Bill in Parliament in the behalf of the Prince to be made Duke of Cornwal, did recite that grant of King E. 3. to [Page 544] have been made by the Kings Letters Patents, and pray that the Lands which were annexed might not be aliened, and that which had been aliened, reseised.

Annis 7. & 8. H. 4. n. 65. The Speaker in the name of the Commons prayed the King and the Lords in Parlia­ment, that certain of the Lords Spiritual and Temporal whom it pleased them to appoint, and a certain number of the Commons whose names he had written in a Sche­dule or any 11. 10. 9. 8. 7. or 6. of them might be at the Enacting and Ingrossing of the Rolls of Parliament, and that his Prayer and Petition might be enacted of Record in the Roll of Parliament, which request the King graciously assented unto.

Anno 1. H. 4. n. 45. The Commons agreed, that the King might moderate the Statute against Provisors.

Anno 2. H. 4. n. 45. They complain to the King, that the same was otherwise entred in the Parliament Roll, than was agreed on by them, and that it might be exa­mined, which the King granted, but upon Protestation that it should not be drawn into Example. Whereupon the Lords Spiritual and Temporal, and the Justices, and Councellors of the King, being severally examined in full Parliament, in the presence of the King, and all the Commons, testified that the said moderation was duly and justly entred and Enacted in the Parliament Roll, in manner as it was spoken and agreed on, by the said Lords and Commons, the which entring and enacting so made the King remembred to be well and truly done as it was agreed on in the last Parliament.

So careful were the Commons of the Parliament Rolls, the only Treasury of those publick Ordinances, and yet never petitioned touching the Roll of Statutes, nor to be present when they were made, for they knew full well that that did belong meerly to the King and his Councel.

But only did put his Majesty in mind in Anno 2. H. 5. n. 10. That the Statute ought not to be drawn up con­trary to the meaning of the Petitions which were then granted, and afterwards to prevent that inconvenience, they themselves framed their Bills in form of a Statute, which order continueth to this day.

Anno 12. E. 2. The Petition of Hugh Audly and Mar­gery his Wife concerning the Lands of the Earl of Corn­wal Ro. Claus. 12. E. 2. m. 5. [Page 545] exemplified, was exhibited in the Parliament at York at Michaelmas, and answered in the next Parliament at Easter following.

Some had Writs out of the Chancery for the setling and confirming of what was granted to them by Parlia­ment prout Anno 16. R. 2. For livery to be made to Aw­brey de Vere of the Lands entailed unto him.

The Act of Parliament of 28 E. 1. being granted and published with a saving to the Right and Praerogative of the Crown, was afterwards upon the murmuring of some of the Lords and Commons against that Proviso, republished without it.

Statutes were not Enrolled, until the King had al­lowed thereof, and commanded it to be ingrossed, sealed and kept.

Things perpetual were made into a Statute and tem­porary into an Ordinance, or signified by Letters Pa­tents.

In the Parliament of 15 E. 3. A Statute was in a man­ner extorted from that glorious King, and a special Committee appointed to pen it, against which the Kings Councel protested, and the King by his Proclamation or Declaration revoked the same for that he assented not, but dissimuled, which remains upon record to this day to that Kings great dishonor, if not rightly under­stood.

Which that great Attorney General Mr. Noy under­took to clear in this manner.

The Commons having granted the year before a very large Subsidy to the King toward the French Wars to be paid in two years under divers conditions, and the Statute drawn up by a special Committee of Lords and Commons, who took great care that the King should be duly answered the said grant, and the Subjects enjoy his Majesties graces in those conditions expressed, and the King going into France with full confidence to re­ceive the said money accordingly, but being abused by his Officers that which was paid so spent as little came to his hands, so as for want of money he was enforced to accept of a Truce when he was in probability of a great Victory if not of the Conquest of all France, whereupon returning suddenly, he fell first upon the Officers, who excusing themselves, laid the blame upon the Collectors, [Page 546] which caused the King to send out strickt Commissions to enquire thereof. But he was most incensed against the Archbishop of Canterbury, who had encouraged him to those Wars, willing him to take no care for treasure, because he would himself see him abundantly furnished by the said Subsidy, which failing, and the King under­standing that the Pope sided with the French, mistrusted the Praelates in general, but especially the Archbishop, and reprehended him sharply for it, who presently com­plained of manifold violences against the Liberties of the Church and English Nation comprehended in Magna Charta; and thus the Clergy incensed the Commons against the King and the Commissioners, which he had appointed to enquire of the abuses of the Collectors, who had enquired of divers matters in Eyre beyond the limits of their Commissions, which bred such ill humours in the Lords and Commons, as when in the 15th year of his Majesties Raign, when he had in Parliament shewed the necessity of the French Wars, and that the Aid grant­ed him the year before was withheld and ill spent by his Officers, and therefore desired the Parliament to consider how Malefactors might be punished, and the Law kept in equal force both to Poor and Rich, the Commons de­livered up their advice in writing for a Commission, to be directed to the Justices in each Shire, d' Oyer & Terminer these matters in general.

But the King, the Praelates and Grandees thought fit to add Articles of the said enquiry, and therefore they de­livered unto the Commons certain Articles which were or­dained by the said Praelates and Grandees, for them to ad­vise, and give their Assent.

The which being viewed and examined by them, they assented that good Justices, and Loyal, be as­signed to hear and determine all the things contain­ed in the said Articles, for the profit of our Lord the King.

The Assent of the Lords is many times omitted to be entred, and so likewise hath many times been that of the Commons.

In the same year the Commons exhibited their Peti­tions for the confirming of a Statute made in the 15th year of the said Kings Raign, which was general n. 26. And in general for all Statutes, and the other special n. 27. for that in particular.

[Page 547] And yet in the same 17th year an Ordinance was en­tred n. 23. viz. Item accordez est & assentuz, that the Sta­tute made at Westminster in the Quindena of Easter in the year of the Raign of our Lord the King the 15th, be wholly repealed and gone, and loose the name of a Sta­tute, which was without any mention either of Lords or Commons.

In the 30th year of the Raign of the said King, the Ro. Parl. 18. E. 3. Dukes, Earls, Barons, and Commons, conferring toge­ther by the Kings order touching the Exactions of the Pope in the White-Chamber (now called the Court of Re­quests) assented, if it please the King.

Anno Eodem in the 9, 10, 11, & 12. Chapters of Sta­tutes made in that year upon several Ordinances entred in the Rolls of that year n. 27, 28, & 29. no mention is made therein either of the Lords Assent, or the Com­mons, though both are mentioned in the Praeamble of the Statutes.

Anno 2. H. 4. The cruel Bill for the burning of Ro. Parl. 2. H. 4. n. 48. Hereticks, beginning in the Lords House, and ex­hibited by the Clergy, was written in Latine, and so was the long Answer to the same, and all and one in the same phrase, and no mention made of the Commons Assent.

Anno Eodem a Bill was exhibited by the Clergy into the Lords House against a Bull from the Pope to dis­charge the Possessions of the Cistertian Monks from the payment of Tythes, which being there answered, was carried to the Commons by the Archbishop of Canterbury himself, to have their Assent, and told them, that the King and the Lords were attended upon with the Answer to the same, and afterwards the Commons came before the King and the Lords in Parliament, and made divers requests, and amongst others shewed that the Archbishop of Can­terbury delivered them the Petition touching the order of Cistertians, to which Answer the said Commons agreed.

Eodem Anno the Commons did shew, that whereas the King had ordained a Staple at Bruges in Flanders Mer­chant strangers did by Land or Sea bring their Wooll thither to the great profit and encrease of the price of Wooll coming thither; the Town of Bruges hath for their own profit forbidden the bringing of Wooll thither as they were wont to do to the great damage of the Mer­chants of England, and of all the Commons, whereof they do pray Remedy.

[Page 548] Unto which was answered, It is advised by the Prae­lates, Grandees and Commons of this Realm, that the Pe­ntion is reasonable.

The Commons Petition against the Subsidy of 40 s. Ro. Parl. 25. E. 3. m. for every sack of Wooll granted by the Merchants.

Unto which was answered, for that our Lord the King for great necessity which yet endureth and appears greater from day to day did do it, which being shewed to the Grandees, and Commons in this Parliament assem­bled on the Kings behalf, the said Lords and Com­mons by Common Assent, have granted the said Subsidy.

The Parliaments or great Councels were heretofore very short, and dispatched in a few days, having the matters (which were alwaies extraordinary) appointed or declared by the King to be treated of.

And there are divers Answers to Petitions which cross or add to the prayers of the Commons, whereunto their Assent is not specified, and yet the Statutes thereupon made do men­tion it.

For the price of Wines, a report of a former Statute is not in the Petition, but in the Answer only. Ro. Parl. 37. E. 3. m. 34. & cap. 16.

And it should be remembred that although the House of Commons in Parliament, have been often of late times only said to have been the representing of some part of the Commons of England, & those that were as aforesaid Elected and admitted into the Parliament, have in their Petitions to their Kings for Redress of Grievances, stiled themselves no otherwise then your Pravrez Communs, and Leiges, yet it was never intended, or could be of all the Freeholders or people of England, or in the Latitude of the word represented, which is over extended.

§ 26.

What is meant by the word Representing, or if all, or how ma­ny of the People of England and Wales, are, or have been in the Elections of a part of the Commons to come to Parliament represented.

FOR the Nobility, the Proceres and Magnates, and the Bishops, and many Abbots and Pryors were always Summoned apart to our Parliaments, and never [Page 549] represented by the Commons, the consent of the Uni­versality of the People being in and before the 49th year of the Reign of King Henry the 3d included in the King, and the Lords Spiritual and Temporal, the Tenants and Knights Fees of the Lords Temporal and Spiritual, not a few were not represented, when with those and their dependancies they so over-powered King H. 3. in a Par­liament at Oxford, as to inforce him to yield unto those Provisions, which afterwards proved to be the fatal In­centives of an ensuing bloody War, and the Seminary of many Commotions and Contests betwixt some of our Succeeding Kings and their Subjects in their after Ge­nerations, those only excepted being Tenants Paravail, who held their Lands subordinately of the Tenants that were mean, to those that held their Lands of the Lords Spiritual and Temporal, the Majores Barones, holding of the King in Capite, with multitudes almost innumera­ble of Copy-holders, Lease-holders, Tenants at Will, or Sufferance, Villani or Bordarii, le menu peuple et de busse condition, were exempted by Order of Parliament, as represented by them and no other, and always used to be so, the almost numberless Herd of Monks, Fryers Ro. Parl. 41. E. 3. & 51. E. 3. m. 5. & 1. R. 2. and Religious Persons, and their Revenues, Servants, Tenants and Dependants, were not, nor could be repre­sented, but freed by the Kings Orders in Parliament, from payment of the Commoners Wages that came to Parliament by two several necessary sorts of Priviledges and Immunities, instead of many more which they claimed, the Religious and Monastick People of the Nation, with their very large Possessions and Revenues, before the dissolution of them in the Reign of King Hen­ry the 8th. and King Edward the 6th. being rationally to be accounted little less than a full 4th. part of the Lands of the Kingdom, the Secular Clergy (always Pryns fourth part of Parli­ament Writs, 508. 510. 512. 513. ibid. 329, 330, 490, 491 Ro. Parl. 1 R. 2. giving Subsidies apart by themselves) being almost 10000, were represented by the Bishops or Convocation of the Clergy, the Tenants in Antient demesne, or of the great number of the Tenants of the Kings Annaent demes­ne proper and largely extended Royal Revenue that should be, which before they were Granted or Aliened away by our Kings, like Indulgent Common Parents to their almost every days craving Subjects and People, or in Rewarding, and Incouraging publick and great Ser­vices, [Page 550] done or to be done for the Common-wealth or Pub­lick good, which were very large and diffusive through all the parts of the Nation, and the Clerks of the Chancery Beneficiate, as most of them Antiently were, and the Judges, Kings Council and Officers attending the Ho­nourable Re [...] of Writs, and Pryns fourth part of Par­liament Writs, 431, 432. House of Peers in the like condition, and should be exempted, although by length of Time, Custom, Indulgence or Permission, they have been since the Ori­ginal of the House of Commons, in the 49th. year of the Raign of King Henry the 3d. (which was then no more than our Embrio, and from thence discontinued until the 22d. year of the Raign of King Edward the first) charged and made contributary to publick Aids and Necessities, and the largely Priviledged County Palatine of Lancaster, having heretofore comprehended in it the three great Earldoms of Leicester, Derby and Lincoln, with their largely extended Revenues, was not at the first represented, but did forbear the sending of Mem­bers, the remainder whereof is now a great part of the Kings Revenue, the whole County Palatine of Chester with Wales and its Provinces, had none until the Raign of King Henry the 8th, nor the County Palatine of Dur­ham, and the Burrough of Newark upon Trent, until some few years ago: Arch-bishops, Bishops, Abbots, 52 H. 3. c. 10. Pryors, Religious Men and Women, and all that have hundreds of their own (as very many have by Grant from the Crown) are by the Statute of 42 H. 3. ex­empted from coming to the Sheriffs Torn or County Court, and so not intended to be Electors or Elected.

The Kings very large should be Demesne Lands and Crown Revenue, and that of the Lords Spiritual and Temporal, and the many other before mentioned ex­empted.

And the Records of the House of Peers in Parliament, have often told us, that many times when the Commons gave Subsidies, they did it by the Assent of the Lords Spi­tual and Temporal.

And as a very Learned Divine of the Church of Eng­land, (there being many Pseudo-Protestant Divines that Considerati­ons touching Laws positive and of neces­sity. are not of it) hath well remarked there is no Subject of the Kingdom of England, represented in Parliament by the Commons thereof, but as subordinate to the King, and to join with him, and the Lords in their As-Assent [Page 551] and Approbation (not against him or either of them) in our Kings and Soveraign Princes making of Laws for the good of the Kingdom.

For Repraesentare, is no more than locum implore auto­ritate vel vicaria potestate [...] ita iotis, est exhibere vi quàdam juris praesentiam ejus qui revera non est; Bu­daeus definit esse repraesentationem per figuram facere, & imaginario visu rem ipsam repraesentare; locum implere, lo­co Martinius. sistere, loco praesentis sistere, & repraesentatio quaedam ima­ginaria. Budaeus. And being but Commissioners, special Attor­neys, or Procurators of some part of the Lay-Com­monalty, and Freeholders; not of the Copy-holders, Lease-holders, Villains or Bondmen, Servants or Ap­prentices, could not by their Indentures, Letters of At­torney, or Procurations with any reason, truth, under­standing, or propriety of speech, be believed to represent for them, that never delegated or authorised them, or to Act beyond the purpose or design of those that Elect­ed, sent or imployed them, nor can make it to be any thing more than an aenigma, or Riddle with some hid­den and inveloped sense or meaning, not to be compre­hended in the genuine, obvious or proper meaning, sense or construction of the word Repraesent, for who can without a great weakness, failing or Error in his Judg­ment, think that they could by any tentering or strain­ing of the word, make all the several kinds of people, that sent them in obedience to the direction of their Kings Writs or Orders, to impower them whilst they sate in the House of Commons in Parliament, to Sentence, Condemn, Fine, Arrest, Imprison, Banish, or Sequester any of those that they pretended to represent, when the Praedecessors of those that would be Masters of such a Latitude, did in Parliament, in the 42d year of the Raign of King Edward the third, when a Tax or Aid was pro­posed for the King, (being the first, and only end, for which they were elected and sent,) make it their re­quest to the King, to give them leave to go home to their several Countries and places, to advise before hand with those that sent them; Otherwise the Pledges, or Sureties which every Member of the House of Com­mons being to give their County and place whom they would represent as their Procurators or Attorneys, are to be well heeded, and cautiously taken for pledges or [Page 552] security, well watched in their doings, and not left to trick and purchase to themselves, by unlawful Encroach­ments, an Arbitrary and Illegal Soveraignty, which the Laws of the Land never allowed them, and their Masters the Counties and places that sent them could neither give or intend, for nil dat qui non habet, as being never able to give them complextly or singly their diversities of Po­wers or Interests present or to come, other than such as the intent and purport of their Writs of Election & Com­missions allowed, when the Devil with a pair of Specta­cles, cannot find in their Indentures or Procurations, any Commission either by the King, or those that Elect­ed them, other than to do and perform such things as the King, by the advice of the Lords Spiritual and Tem­poral in Parliament, should ordain, but not to make War against their King, and Murder him, Plunder, and destroy their fellow Subjects and Masters, that elected, and sent them for better purposes, neither can they, or any of their Record-massacring Champions, ever be able to prove that the Lords Spiritual or Temporal, did, or could transfer unto them their power representative in Parliament, which without the Authority of the King that gave it, is not transferrable.

And when there were but 170 Counties, Cities, and Towns, that sent Knights, Citizens, and Burgesses, to Parliament, in the latter end of the Raign of King Ed­ward the First, were but almost one Part of three that could be truly esteemed Representers of many of the Commons (too many having been since only added by corruption of Sheriffs and otherwise) it could never be intended, or at all possible, or so much as probable, as all could be Freeholders or otherwise, within the true meaning and intention of the word Representation, or represent applied to the House of Commons, or any particular member thereof, was until our late Factious, and Seditious Times, never found in any of our Parlia­ment Rolls, Records or Memorials, which hath lately been made to be very large, and drawn into a factious and seditious extent and interpretation.

For the Parliament being only the Kings great Councel (not of the people his Subjects) upon special emergent occasions concerning the weal publick in the defence of the Kingdom and Church, all offences com­mitted [Page 553] against the Members of either of the Houses sit­ing the Parliament, or in their coming or returning, are by Law to be prosecuted, and punished in the behalf of the King, and in his name, and by his only Regal Autho­rity, (and the Prison of the Tower of London, is the Kings by a long possession, but none of the peoples) as it was ad­judged in the Raign of Edward the 1st in the case of the priviledge of the Earl of Cornwal, and long after that, viz. In the latter end of the Raign of King Henry the 8th, in the case of the Lord Cromwel and Tailbois, and in the ex­traordinary forcible Riot and Trespass committed in the 12th year of the Raign of K. Richard 2. upon the Goods, Lands and Servants of one of the Knights of the Shire of Cumberland sitting the Parliament, whereupon that King upon his complaint directed a Writ or Commission to enquire, and certify the Fact, directing the Sheriff of Westmorland, by a Jury of his County, to attend them Ro. Pat. 12. R. 2. parte 2. in dorso. Pryns Ani­madversions upon Cokes 4 Institutes, 332, 333, 643, 647, 1199, 1200. therein, and those that were found offenders, to arrest and bring coram nobis & concilio nostro (not the House of Commons in Parliament) in Quindena sancti Michaelis, with a nos talia si fuerint relinquere nolentes impunita, up­on which Mr. Pryn observeth, that the King upon that complaint did not presently send for the Offenders in Custody by a Serjeant at Arms (as the Commons of late times have done;) And did the more, as he saith, urge that Record and Precedent to rectify the late irre­gularities, of sending for persons in Custody upon every motion and suggestion of a pretended breach of privi­ledge, to their extraordinary vexations and expence, be­fore any legal proof or conviction of their guilt against the great Charter, and all ancient precedents and proceed­ings in Parliament, further evidenced by him, to appertain only to the King, by the Commons own Petitions from time to time in several Parliaments, in the Raigns of Henry the 4th, Henry the 6th, and Edward the 4th, in the cases of Chodder, Atwil, Dome, Colyn, &c. And that it was expresly resolved and declared to belong only to the King, by his Writs of Priviledge, supersedeas & habeas corpora issued out of the Court of Chancery, to deliver members of Par­liament, or their Servants imprisoned, or taken in execu­tion against the Priviledge of Parliament, for in the great Debates and Arguments in the House of Commons in the case of Fitz-Herbert in the 35th year of the Raign of [Page 554] Queen Elizabeth, when Sir Edward Coke was Speaker, it was at the last concluded that it was meet that the whole matter should be brought before them by an Habeas cor­pus cum causa issued out of the Chancery, and there to be returned, since no Writ of Habeas Corpus, nor yet of priviledge could be returned into the House of Commons, but only into the Chancery or Lords House, as Writs of Error were, whereupon the Speaker attending the Lord Keeper of the Great Seal of England, pressed for a special Habeas Corpus, with a clause to be inserted therein, that Fitz-Herbert existens de Parliamento captus suit, &c. with a recital of the cause of priviledge, who upon con­ference with the Judges, would not Assent thereunto, and resolving not to depart from the usual form, issued out the Writ to the Sheriff returnable in Chancery, who bringing the Body of the Prisoner, and certifying the cause of his imprisonment, the Lord Keeper sent the Sheriffs return of the Habeas corpus to the Commons House, the Chancery men who brought it, being order­ed to read it, which they did, with the Writ thereunto annexed, whereupon Mr. Dalton argued, that the House had no power to deliver him, he being not arrested se­dente Parliamento, but before it sate, and that in a point of Law whether in this case he ought to be priviledged, the Commons House ought not to pass any Vote therein, but ought to advise with, and receive instructions from the Judges of the Realm, whether in this case by the Law they could grant Priviledge, which being seconded by Sir Francis Bacon, and thirded by Sir Edward Coke, it was or­dered that Fitz-Herbert should appear and be heard by his Councel the next morning, and that the advice of the Judges should be had therein, which being bad, the Judg­ment of the House was, that he was not to have Priviledge, for three causes, First, because he was in Execution taken the same day of his Election; Secondly because it was at the Queens suit, which was the grand Reason; Thirdly because he was taken neither sedente Parliamento, nec eundo, nec redeundo, and Mr. Pryn likewise humbly conceived, that in case of any Member of Parliament Arrested, their only legal Means and Remedy was, and is by a Writ of priviledge out of the Chancery.

In the Journal of the House of Commons in Parlia­ment, Anno 6. E. 6. There is an Order entred that if [Page 555] any Member require priviledge for him or his Servant, he shall upon declaration have a Warrant, signed by the Speaker to obtain a Writ of Priviledge, after which as on the same day follows a special Entry of a Vote of the House of Commons in these words, For that William Ward Burgess of Lancaster had obtained a Writ of Priviledge out of the Chancery, without a Warrant from the House, it is com­mitted to Mr. Mason, Mr. Hare, and Serjeant Morgan, to ex­amine, and certify, whence it is apparent, saith Mr. Pryn, (their old friend) that the House of Commons in that age did not use to enlarge their Arrested and Imprisoned Members, by their Serjeant at Mace, and own Orders, but only by special Writs of Priviledge issued out of the Chancery under the great Seal of England, ac­cording to the practice and usage of former ages, that the House was first to be informed of the Arrests, and thereupon to order their Speaker not to grant a Warrant directed to the Lord Chancellor, (not as their Subordi­nate or Coordinate Soveraigns) to Issue a Writ of Privi­ledge Cromptons Ju­risdiction of Parliament. to them, if he saw cause, and in case of Servants of a Member of an House of Commons in Parliament Arrested or Imprisoned, the Master was upon his corporal Oath, to prove that he was his real moenial Servant, who came along with, and attended on him before he could be released by a Supersedeas, and Writ of Priviledge out of the Chancery (being the Court of the King, not of the House of Commons in Parliament,) one Mem­ber of the House of Commons in Parliament as­saulting another, is a breach of Priviledge, and of the Peace, for which he may be imprisoned until he find Sureties of the Peace; and in the case of George Ferrers, a Member of the House of Commons in Parliament, re­ported by Mr. Crompton, the House it self appealed to King Henry the 8th for his deliverance: And although they do represent some part of the Commonalty, yet it is within limits and boundaries so little to be trans­gressed as our Laws, constant Customs and Usage of Parliament have una voce constantly affirmed, that there can be no allowance of Priviledge of Parliament in cases of Treason, Felony, or Trespass.

And being so subordinate, and tyed up as to them­selves by our Laws, antient Customs and Usages, and their own Oaths of Allegiance and Supremacy, ought [Page 556] not surely to think that the power of representing for some, can be by a limited Commission or Procurator­ship enlarged to all that an Authority to represent in the doing of one single Act, or consenting thereunto can give them a liberty to do what they please in every other matter, and even in contraries against duties enjoyned by their Oaths of Allegiance and Supremacy and that when antiently, and of long continuance, (now altogether disu­sed) they were to give Sureties or Pledges to their Coun­ties or places to perform their trusts, it was not to impri­son, sequester, starve or ruine, or make Rebels & Traitors those that gave them their Letters of Attorney, Substituti­ons, or Procurations, and cannot but understand that an Attorney or Transgressor wilfully damnifying those that commissionated them, are by common Law, Reason, and Equity damna resarciri, and make amends, that jure genti­um Leagues even made by Embassadours in the behalf of their Princes that sent them, contrary to their Man­dates Marsellaer de Legatis. or Instructions have not seldom been avoided or altered, and that it was adjudged in the case of Men­doza the Spanish Embassadour plotting Treason here a­gainst Queen Elizabeth, that he was not to be allowed Camdens An­nals of Queen Elizabeth. the priviledge of an Embassador, for that Illiciti non est mandatum. For did they represent those that within their bounds they did truly and properly represent, they could not Arrogate a power without the King, to unelect or remove those that came thither elected by their own Counties, Cities, and Burroughs, not by any power or Authority of their own, but by virtue of their Kings Writs, nor order the Clerk of the Crown (the Kings Officer, and none of theirs) to raze their names out of the Record, a matter which our Laws and Parliaments themselves have ordained, to be without exception high­ly Criminal, and it may be an everlasting problem how the Members chosen by one County or City should be put out by another, that were strangers or Forreign unto their Election, and were not commissionated to expel or justle out one another, (for so might Cornwal, Wiltshire, and the County of Sussex, who do claim a multiplicity of Members in the House of Commons in Parliament be praedominant, and out-do all the rest in benefiting themselves, or hindring whom they list) or by what Authority they do now of late (for before, [Page 557] or in the Raigns of King Henry the 8th Edward 6. Queen Mary, Queen Elizabeth, King James, King Charles the Martyr, and all their Royal Progenitors and Predecessors ever since this Kingdom was and hath been, and should be a Monarchy of above One Thousand years, it hath been never heard of, that strangers whom they would be thought to represent, and sometimes their own Members, or those they do not represent, must, when they receive their sentence or censure, as it is stiled, from them, who have no judicative power, but were only Elected ad faciendum & consentiendum unto those things which should be ordained by the King, by or upon the advice of the Lords Spiritual and Temporal in Parliament, constrain to receive their sentence of ex­pulsion, if they be Members, or punishment, if other­wise, upon their knees, unless they will claim to be a So­veraignty, which their Oaths of Allegiance and Supre­macy, all our Laws, Records and Journals of Parlia­ment, and our Annals and Histories, and the Usage and Customs of Neighbour Nations, Kingdoms and Re­publiques, have hitherto contradicted; or if it shall be said, that it is in regard that the King is supposed to be virtually there, and always believed to be present, our Laws, Records, Annals, and Reason and Truth, will make hast to confute them, that it would be absurdis­simum ab omni ratione remotum, & nullo Exemplo in Anglia usitatum, for that the King is, we hope, no Commoner, or Member of the House of Commons in Parliament who come thither as his Subjects, and sworn to obey him and his Successors, under their Oaths of Allegiance and Supremacy, was not Elected at all, or to be there for his Place, and his Throne and Chair of State is in his House of Peers in Parliament, to whom he sends, which he usu­ally doth in the time of Parliament, to come to receive his Commands and Directions, and cannot surely at one and the same time be supposed to be in two places, or to send for himself to come out of the House of Commons to himself into the House of Peers to hear what himself would say unto himself, for when in other cases it hath been said that the King is by our Laws intended to be vertually or personally present in his Courts of Justice, it it is not personaliter, but authoritative, where Sentences or Judgments are not received upon the knees, neither in [Page 558] the Ecclesiastical Courts where the Bishops in the name of God and as the Church do only give their sentences, and make their decrees without the Majesty or Ceremo­ny of kneeling unto them to be performed by those that are concerned to obey the Condemnation, & it may be a Quaere harder to unriddle than many of those of Sphinx, how it can consist with the reason of such a repraesenta­tion, that they whom they would seem to represent, should be Petitioners unto themselves, and that if any of the County or place represented shall commit any offence against any single Member of the House of Commons representing for another County or place, as for breach of priviledge, or for words, &c. The persons of the other Province or place must be punished, and come upon their knees, and not they that represented them & a War­rant sent by their Speaker, for the Kings Writ to the County, City or place, to Elect another in that House, and might have done much better to have hindred it.

Or if any Freeholder, Gentleman or Clown that E­lected them were not before accustomed to be kneeled unto as by an adoration, how these enlightened over­lofty Members can compel men to adore and kneel unto them under a colour of Representation, when those that they would have believe that their new-found Representation, with an adoration designed to be en­tailed upon them, would have been ashamed to have it to be done unto them, and durst never claim or own it in their own Counties or places that Elected them, and might be abundantly satisfied, that neither the Kings Writs, or their Election, Indentures, Letters of Attorney, Procurations, or any Praescription, or supposed Priviledge of Parliament, could entitle them unto such a kind of Majesty, or how they that are no Judicature or Court of Record, and have no power to give, or ad­minister an Oath to Witnesses, can escape the blame or censure of Magna Charta, and all the Laws, Right, Rea­son, and Rules of Justice and Equity to be Parties and Judges in their own Cases, or enforce their fellow Subjects, and not seldom of better Births and Extracti­ons to receive upon their knees with adorations their unjust dooms and sentences, when better tryed Crimi­nals in the Court of Kings Bench, where the King as a [Page 559] Judge is supposed to sit himself, do not likewise in his other Courts receive their Judgements upon their knees, but only when they receive the Kings pardon in rendring their thanks unto him.

But should rather remember, that the Angel in the Apocalipse would not suffer St. John to kneel unto him, and that the often sawcy Plebs or Vulgus of Rome could be content with the Exorbitant power of their Tribuni Plebes in their Intercessions for Laws, without any the a­doration of kneeling, nor are there to be found any Re­cords or Presidents in England, or any scrap of Law or Reason that any of our Kings in their licensing any of the Speakers of the House of Commons, should give them any Power or Priviledge to Eject any of their fel­low Members, and make them on their knees receive uncivil and ungentleman-like words, such as Mr. Wil­liams a late Speaker of the House of Commons in Parlia­ment was pleased to say unto Sir Robert Peyton Knight, being commanded and enforced to receive his Lawless Ejectment upon his knees in these words, Go thou worst of men, the House hath spewed the out, or after such an Inso­lence to require the Kings Clerk of the Crown to make out a Warrant in the Kings name to Elect another Member in his place.

And our England, nor any other civilized part of the World, have yet found such a Parcel of Representatives or Deputies that can think themselves so to be entituled (as the Author of the Character of a Popish Successor in this Kingdom of England hath been pleased to grant unto them) to that which they would willingly stile their own Royal Inheritance and Sacred Succession of Power, when they are not as Embassadors, Repraesenting Prin­ces, sent unto, or Treating with Princes, but as Procu­rators or Attorneys employed by those that are, nor ever were more than Subjects their ne plus ultra.

Or by what Art or refined Chymistry was such a Majesty entailed or infused into them when Kelsy a Body or Bodice-maker and Barebone a Fanatick Letherseller were Members, or what or whose Charters or Letters Patents, have they to entitle them thereunto, when Sir Edward Coke a learned Lawyer, gives them no grea­ter Title than that of a grand Enquest, and Mr. William Pryn, that adventured Body and Soul for them, and with [Page 560] great mistakings joyning them in a Supremacy con­joynt with the House of Peers in Parliament, abundantly found fault with them in taking too much upon them in other matters, when those designs of Majesty were not arrived or let down from Heaven, as the figment of the Anciliae at Rome was believed to be, or how could the Commons in Parliament charge (as they did so unjustly and wickedly) King Charles the first for coming unarm­ed without any Guard to seize Pym, Hambden, Haselrig, and the rest of the five Members, and Kimbolton, then, and long after, guilty of High Treason, if he were then in the House of Commons in his Politick or personal Capacity, a distinction which the Master of Hypocrisy and Lyes had taught them when in several of his Battels in the defence of himself and his Loyal Subjects, Weemes a prefidious Scot and others Levelled their Cannons at him with Perspective Glasses to be sure to hit him, a Method which David had not learned when he found Saul sleeping, and was afraid to touch or kill the Lords Anointed, and never left persecuting him until they had cut off his Head, and murdered him in both his Capaci­ties, which did not serve for a Plea in the case of Cook, Hugh Peters, and other his justly condemned Murderers, who had not then the Impudence to plead or rely upon such a parcel of devilism, when they might know that the Politick and personal capacity of a King, or any sub­ordinate Magistrate were so conjoint and inseparable, as in articulo mortis, that part of Kingship or Magistracy could not be severed from the natural, unless it were in such an apparent and publick manner as in the self-depo­sing and Renunciation of our King Richard the 2d of Charles the 5th Emperor of Germany, retiring into a Mona­stery, or as some of the ancient Kings and Princes of France were when they were cheated of their Kingly Power, and forced to be shaven as Monks, and put into a Monastery.

And that notwithstanding the House of Commons new-fashioned way of their own framing, since the Raign of Queen Elizabeth, of making their own Committee to find out and determine such Priviledges as they would claim, and have, they might have discovered that in the Court of Kings Bench in the case of Richard Chedder a Tempore H. 4. Servant to a Member of the House of Commons in [Page 561] Parliament being in his coming to Parliament beaten and wounded by one John Savage, the Record declareth, that, videtur cur quod non est necesse quod Inquiratur per patriam quae dampna praedictus Richardus Chedder qui venit ad Parliamentum in Comitiva, &c. Et verberatus & vul­neratus fuit per Johannem Savage sustinuit occasione ver­berationis, set magis cadit in discretionem Justic Ideo per discretionem cur consideratum est quod dictus Richardus re­cuperet. dampna sua ad centum marc. & similiter centum marc. And though he was a Servant to a Member of the House of Commons in Parliament, was committed to the Marshal, quousque sinem faciat cum Domino Rege per minatoriis datis Juratoribus appunctuat. ad inquirend.

And if there had been any Priviledge due to the Members of the House of Commons in Parliament be­sides, and other than that which their Speakers do at their admittance by our Kings and Princes claim in their behalf being no more than freedom of Access to their Persons, and from arrest of their Persons and moe­nial Servants ever since, or in the 22 year of the Raign of King Edward the first; for in the 49th year of the Raign of King Henry the third, when that King was a Prisoner to Simon Montfort, and his Partner Rebels, those few that were sent as Members of that, not to be called a Parliament, claimed not any Priviledges from the be­ginning of our verily long lasting Monarchy, until that their distempered and unhappy framed Writ for the Election of Knights, Citizens and Burgesses to come to Parliament in 49 H. 3. nor can it be made appear that any of the Commons were before ever Elected to come as Members of Parliament (the Writs ex gratia Regis al­lowed for the Levying of their Wages, being no Privi­ledge given by the King, but rather the Gift and Wa­ges of the Counties and Places that Elected them.)

And the Priviledges of the Lords Spiritual and Tem­poral, besides those of the Earls, and higher Degrees of the Nobility, whose Patents and Charters about the Raign of King Richard the 2d gave them their Priviledges of having vocem locum, & sedem in Parliamento, & conci­lio Selden tit. honor. generali Regis, and before had their Titles of Earls by a Charter of the third penny or part of the Fines and Amerciaments of the County of Oxford, as the Creation of Alberick de vere Earl of Oxford by King Henry the 2d [Page 562] hath demonstrated, and some Authentick Historians have told us, that King John made two Earls, per Investitu­ram cincturae gladii, who waited upon him immediately after as he sate at dinner gladiis cincti, and by reason of the Grandeur and Honour of their Estates and Priviledge to advise their King, needed no protection from Arrests, and their Ladies and Dowagers do enjoy the like Privi­edges, and when they should in extraordinary affairs be summoned to Parliament to be advised withal by our Kings, whereunto when they were travelling through any of his Forrests, they might kill a Deer, so as they, or Cromptons Ju­risdiction of Courts, tit. Parliament. any of them gave some of the Keepers notice thereof by blowing of an Horn and leaving a piece thereof hanging upon a Tree. A Baron may speak twice to a Bill in Par­liament in one day when a Member of the House of Commons can but once, they neither need or choose any Speaker, for the Chancellor or the Keeper of the Kings great Seal of England is the only Speaker of that House where the King doth not do it himself, or commissionates some other to officiate in the Lord Cokes twelve Reports in the Countess of Shrewsbu­ry's Case. Ob Countess of Ri in his 6th Report. Chancellor or Lord Keepers place, or time of sickness.

Every Baron or other Lord of Parliament in any Action where the Defendant pleadeth he is no Baron, it shall not be tryed at the Common Law, or by Jury, nor by Witnesses, but by Record, their Bodies shall not be ar­rested, and neither Capias or Exigent shall be awarded a­gainst them, and their bodies are not subject to torture in causa laesae Majestatis.

Are not to be sworn in Assises, Juries or Inquests, if any Servant of the King in Checque Roll compass the Death of a Baron, or any of the Kings Privy Councel, it is Felony; in any Action against a Baron in the Court of Common Pleas, or any of the Courts of Justice, two Knights are to be impannelled of the Jury, he shall have a day of grace, shall not be tryed in cases of Treason or Felony, or misprision of Treason, but by their Peers, and such as are of the Nobility who are not sworn, but give their verdict only upon their honour, & super fidem & ligean­tiam domino Regi debitam, and by an Act of Parliament made by Queen Elizabeth are exempt from the taking of the Oath of Supremacy, which the Members of the House of Commons are ordained to take before their admittance, the Writs of Summons to a Parliament are [Page 563] directed only to themselves who are not Elected as the Members of the House of Commons who are but as the Attorneys and Procurators for those that sent them ad faciendum & consentiendum, to do and obey what the Lords shall ordain, who sub fide & ligeancia Domino Regi debita, do represent only for themselves, and the cause saith Sir Edward Coke of the Kings giving the Nobility so many great Priviledges, is because all Honour and Nobility, is derived from the King who is the true foun­tain of Honour, and Honours the Nobility also two was, as, 1. Ad consulendum, and (anciently) gives them Robes. 2dly. A Sword Ad defendendum Regem & Reg­num, and the Oath of Allegiance is, and ought to be imprinted in the heart of every Subject, scil. Ego verus & fidelis ero, & veritatem praestabo Domino Regi de vita & membro & de terreno honore, & vivendum & morien­dum contra omnes gentes, &c. Et si cognoscam aut audiam de aliquo damno aut malo quod domino Regi evenire poterit revelabo, &c. And their Wives and Dowagers enjoy the same Priviledges in the time of Parliament, and without, and their Sons and Daughters a praecedency, which those of the House of Commons have not, the Lords can in case of Absence by the Kings License make their proxy, but the Members of the House of Commons can­not; the Lords at any conference with the Members of the House of Commons do sit covered, but the Com­mons do all the while stand uncovered; the Lords have a certain number of Chaplains in time of Parliament, and with a Priviledge of enjoying more than one Bene­fice, but the Members of the House of Commons none; the Lords in the case of breach of Priviledge (by arrest­ing any of their Moenial Servants in the time of Parlia­ment, do by their own order punish the offenders, which the House of Commons should not without the assistance of the King by his Writ out of his Court of Chancery; the Lords and some others appointed by the King are in every Parliament Tryers of the Petitions of the Com­mons, but they are not of any Petitions to the King and House of Lords, the Commons not being to be allow­ed, petitioning to themselves, and our Kings often refu­sing to grant what was required, where any had offend­ed and broken the Priviledge of the House of Lords, or committed any Treason or misdemeanor against the King [Page 564] and many times upon a charge of the House of Com­mons they were to receive their sentence at the Bar of the House of Lords kneeling, but never in the House of Commons until the late new-fashion'd Rebellion, and fancied Soveraignty of the people, which God never gave them, and the Devil cannot allow them after a Parlia­ment ended, and leave given by the King to depart, the Commons do Petition the King for his Writs to the Counties and places that sent them to pay them their wages, which the House of Peers never did.

And a strange representation, partial, much disorder­ed and disjointed it was when 45 Members in the time of a Rebellious and Parliamentary confusion, ejected 400 of their better conditioned fellow Members, and have since taken upon them, when their Soveraign hath with some restrictions given them proper and necessa­ry liberty of Speech in the discussing of matters pertinent and becoming the reason and business, for which they were called to deny innocent liberty to their Partners chosen and intrusted by other parts of the Nation, not at all depending upon them, but Elected, sent and in­trusted by their fellow Subjects, Arraign and Murder their Pious King at the Suit of the People when they neither could, or did give them any Order or Authority to do, vote, and make a War against him, his Loyal, and their fellow Subjects, to the Ruine and Destruction of above two hundred thousand, and punish others as their Votes shall carry it, receive upon their knees their Sentence sometimes to be imprisoned in the Tower of London, sent thither only by their Speakers War­rant, or expelled the House, with a Warrant for the Kings Writ, to Elect another, and no man can tell whence that power was, is, or could be derived un­to them either by Warrant of the Laws of God, Na­ture, or Nations, or the Laws, and reasonable Customs of England, or of any Forreign Senates or Councels, to disprove, approve, or remove or punish one another, or how they can underprop that their beloved Authority, when many times the Major part of the Members were absent in person, and many of those that are present, and have no mind to concur, were either wanting in their courage, or that for which they were Elected, and what with those that were absent and tarryed in their Coun­tries, [Page 565] or were in London and come late to the House, or stayed there but a very short time, there is seldom the one half, or so many of them as could make a Major part of them understand to give an energy or certain establishment to what within the limits and bounds of their constitution should be agreed unto, or by what Rule of Law or rectified reason any that are represented should be condemned by those that represent them not for that, but for better other purposes.

Or how they can be said to represent the People that sent them in the matter of Parliament Priviledges, when they that they represent are not to partake of their Free­dom from Arrests, Troubles of Suits, &c. for them­selves and Moenial Servants, or how do they represent in their properties, when there is no such thing in their Writs, Commissions or Procurations, and they did in the 13th year of the Raign of King Edward the 3d, ask Ro. Parl. 13. E. 3. leave of the King to go home to their several Countries and Places, to confer with those that sent them, con­cerning a Tax or Subsidy required, or how they can be said to represent for all that sent them, and call them­selves one of the three Estates of the Kingdom, if any can tell how to believe them, when they whom they would represent are not, nor ever were Estates, &c. If the Peo­ple had a Soveraignty Vested and Inhaerent in them, should be no more when they are in Parliament but as a Grand Enquest, as Sir Edward Coke saith, (to some on­ly Cooks fourth part of Insti­tutes, tit. Parl. purposes) but to many, and the most of their busi­ness, but as Petitioners for Redress of Grievances, or if they could by any right or construction be understood to be Soveraigns, when they can do nothing there, or have admittance until they shall have taken the Oaths of Allegiance and Supremacy to their King and Soveraign, or can demonstrate how many kinds of Soveraigns there be, and which is on Earth the Single and Sole Soveraign under God, or when or how came all the People they would represent to be Soveraigns, or how can they be Soveraigns after they have taken their Oaths of Allegi­ance and Supremacy unto their King and Prince, and his Heirs and Successors, their only very not Fictitious Soveraign, and how it happeneth that they have in ma­ny of their Petitions in Parliament, stiled themselves your Pourez Leiges the Commons of England, if they at that [Page 566] time had any part of Soveraignty in them, and were not all Poor neither, or when sometimes in the Raign of King H. 6. or in his Absence or Infancy their Petitions were directed unto them by the Title of Sages, Sena­tors, & tres Honourable Seignieurs, or how they could as representatives of the Commons be Petitioned unto, by any of the Commons; For that would have been as ab­surd to have been Petitioners to themselves, or to have been believed to be all Wise or Honourable, or that all they represented could by any kind of Grammar, Reason or Sense be understood to have been sent as Soveraigns, or were ever so understood to be by those that Elected or sent them, they should, when they were to go home to those that delegated them, were not to depart without the Kings License, and then did not neglect to Petition the King for Writs, to be paid their Wages by the Countries or Places that employed them, and if any Sheriff had levied their Wages with an overplus for him­self, they that were so wronged have complained to the Kings Justices in Eyre, and have been remedied; But were never found to complain to their unintelligible So­veraigns, or to have any process from them to levy their Expences, or to Petition to have them paid out of the Lands & Estates of those that sent them, or was granted by any Order or Procurations of those that sent them. Or if all the people of England, who are and should be certainly to be known and Ranked according to their several degrees and qualities, unless all should be levelled into a Lump informity or menstrosity Higeldy Pig­heldy, all Fellows at Football, it might put Heraldry it self at a stand, or out of its wits to distinguish how much of a Knight of a Shire is a Duke, Marquess, Earl, Viscount, Baron, Knight, Esquire, Gentleman, Yeoman, or Common Freeholder, or the Widdows or Feme Soles of any of them resides, or is incorporate in that one Knight of a Shire, or how much in the other Knight of the Shire, when by the Kings Writs there were to be no more than two, and by Oliver Cromwels the Usurpers Writs, there was as many as six, and when in his Time of Villany two English Earls, Knights of the Kings Ho­nourable Order of the Garter, sate as Members of that which was miscalled the House of Commons in Parlia­ment, although it might well deserve the Question of [Page 567] what Nation they were or Riddle, my Riddle what is this, how much of them were Earls or Commons, or what Epiccen or Hermophrodite kind of men they were, or whom (if not very Rebels, they did then and there re­present?

Or whether the Knights and Burgesses of England and Wales, as they were admitted into the House of Com­mons from the 48th and 49th year of the Raign of King Henry 3. until the Raign of King Henry the 7th did or could represent, for Ireland Gastoign, the Isles, and other Dominions of our Kings, and sometime Scotland, for which until then there were Receivers and Triers of Petitions particularly appointed for those other Domini­ons and places, or who did represent for Wales the Bishoprick of Durham before there were Knights of the Shires and Burgesses allowed by our Kings, or for the Town of Newark upon Trent so lately priviledged by his now Majesty, or whether they do in one entire and complexed Body represent for all the Commons of Eng­land, when as the Journals, Parliament Rolls and Memo­riols can inform us that sometimes the City of London, as also other particular places have separately petitioned the King, and not at all Times in a generality name and behalf of all the Commons of England, Servants, Mecha­nicks and Labourers, &c. which being no Freeholders or Electors, can never be understood to have given any of the Members of the House of Commons any procu­rations jointly or separately to give any consent or re­present for them in Parliament.

So that whatsoever hath or shall be done or acted in Parliament either for Lease or Copyholders villani Bor­darii, Mechanicks, Labourers, Servants, &c. Neither is or can be obliging to those multitudes otherwise than by the Soveraign power of the King, when by the Ener­gy, and Vertue of his Royal Assent that which was before but an Embrio comes to be aminated, and have as it were a Life and a Soul breathed or put into it by his sanction, or giving it the force of a Law by his, and no others Act of Parliament further than the advice of the Lords Spiritual and Temporal, and the Assent or Ap­probation of the Commons in Parliament assem­bled.

Or how they can by or with any Law, Right, Reason, [Page 568] Construction, propriety of Speech or Grammar be said or believed to represent those of the Commons of Eng­land whom they have many times accused and take upon them to imprison or punish.

When our Parliaments have been, or should be founded upon the Feudal Laws, our Monarchick best of Governments, and there could be no Election of Mem­bers of the House of Commons to come to Parliament ad faciendum & consentiendum iis, which the King by the advise of the Lords Spiritual and Temporal should there ordain, not in omnibus, in all matters, for that was the proper care and business of our Kings and Princes, and their private Councel, by whose advice the Writs of Summons issued out under the Kings great Seal of Eng­land, to Summon the Lords Spiritual and Temporal to a Parliament to consult not de omnibus, or de omnibus arduis, but de quibusdam arduis, and until the 49th of King Henry 3. when Simon Montforts Rebellious Parliament and his Counterfeit Writs of Election of Members to be a then endeavoured to be constituted House of Commons in Parliament, received its first foundation, and gave the occasion and encouragement to many Rebellions and Mischiefs afterward, and from the 21, and 22 E. 1. un­til that gave it some rectifyed allowance unto such a kind of Election and Convention of Members in an House of Commons in Parliament to be assembled; the so Elected Members of Commons of Parliament could neither meet or assemble, until there were Writs of Summons issued out to assemble the Lords Spiritual and Temporal as Peers not unto the King, but one unto the other in Parliament, for when the Lords Spiritual and Temporal are not to be assembled by the Kings Writs of Summons, the Commons cannot be Elected to attend the King and the Lords Spiritual and Temporal, for to meet without so much as unto Markets or Fairs, or Indulgent allowance of our Kings would be a breach of the Kings Peace, which should be so sacred and ever was accompted to be of so great a concernment unto him and his people, as when he pardoned any of his offending Subjects against his Laws, the ancient forms of our Kings pardons were only without enumerating, or particular specification of the Crimes damus & conce­dimus pacem nostram, and gives us the reason that all our [Page 569] Parliaments as well relating either to the upper or lower House, do specially except Treason, Felony, or breach of Peace, which seemeth certainly to be no other than a necessary Clause, added by our Kings in their privi­ledges of Parliament. And otherwise it would be an unread, unheard, & unintelligible mixture of a Suprema­cy or Soveraignty, that a King deriving his Soveraignty only from God, and his People and Subjects sworn unto him by their Oaths of Allegiance and Supremacy, and ob­liged unto him for their Estates and Self-preservation, at the same time be invested with a Soveraignty, which is to be certainly placed amongst the most puzling Riddles of Madam Sphinx, and none of the over-turning Repub­licans, can give us no manner of solution until all the Vulgus or Rabble multitude of the World can be per­suaded to be of one mind, and for many years continue therein, and all impossibles come to be possible.

And there cannot be a greater absurdity offered to the Common Intellect or understanding of mankind, than to endeavour to perswade them that there is a plu­rality of Soveraigns, and that all the Subjects of England do or can represent the King, and are his Soveraigns, or that he is the Subject or general Servant of so many Millions of people, as he is rightfully King of, and are sworn unto him by the Oaths of Allegiance and Supre­macy, but are conditionally only his Subjects until some fair opportunity to Arraign him at the suit of his own Subjects, cut off his head, and extirpe him and his Illu­strious Family, by no other Warrant than to set up the Kingdom of Jesus Christ, who never yet gave them any Order or Authority to attempt any such egregious Vil­lany.

And should not have been so locked up in their Morphae­us commonly erring, wandring dreams or imaginations, as to think that two or three necessary priviledges only proper for Members of the House of Commons in Parlia­ment may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs, and may be very great loosers by the bargain, if by such a Gross mistake they make all that is or shall be their own proper Estates allowed, or given unto them by the bounty and munificence of our Kings and Prin­ces, and their Feudal Laws to be Priviledges of Parlia­ment, [Page 570] when their Properties and Liberties are not Privi­ledges of Parliament; and all kind of Priviledges are and ought to be subject unto these two grand Rules of Law, and may and ought to be forfeitable by a non user, or misuer, no Praescripton or length of time in such ca­ses being to be made use of, against the King, and some Corporations, as the Burrough of Colchester procured an Exemption from sending Members to the House of Com­mons in Parliament▪ in regard of their charge of Build­ing or Repairing their Town-walls, and New-Castle up­on Tyne, did the like propter inopiam, and charge and trouble to defend themselves against the Scots; and Pri­viledges of Parliament are not, nor can with any pro­priety of Speech, Truth, Reason or Understanding, be called Liberties Properties or Franchises, which they that make such a noise with them, would be sorry to have so brittle, short or uncertain Title in, or unto their own Rights in their own Estates, Lands or Livelihoods, and had better be at the charge to go to School again, or fee a Lawyer, to instruct or make them understand the diffe­rence betwixt Priviledges of Parliament, and Priviledges that do no way appertain unto the aforesaid Parliament Priviledges, and betwixt Privilegium and Proprium, and cannot sure be so vain or foolish, as to think that they were Elected by the Peoples Authority, and their own, and not by the Kings, or that after the King hath allow­ed them a Speaker, for otherwise he must be at the trouble to forsake his own proper place, Chair of Estate or Throne in the House of Peers, and sit in the House of Commons with them, and hear their Debates, Dis­courses and Speeches, pro aut contra, which might have abridged them of their Priviledge of Freedom of Speech granted at his allowance of their Speaker, or that by the immediate causing to be carried before that their allowed Speaker in the presence of these many Mem­bers of the House of Commons, that came to attend him to the King, one of his Royal Masses or Maces Crowned, usually born before our King, as Ensigns of Majesty to attend him during the time of his Speaker­ship at home or abroad in the House of Commons in Parliament, or without, whether it continue for a short or long time, as many of our Parliaments have done, with an allowance of five pounds per diem for his House­keeping [Page 571] and Table-provision, whereof many of their Members do not seldom partake (the Lord Steward of the Kings Houshold having likewise a large Allowance of Expences by the King for his Table, to entertain such of the Nobility and others, as during the time of Parlia­ment will come to eat with him) besides many large Fees in the making of Orders, and passing of Bills or Acts of Parliament for Laws, Naturalizations, &c. which could not be legally taken without the Kings Tacit per­mission (the late illegal and unparliamentary way never used in any Kingdom, Senate or Republick, or in this Kingdom, to suffer their Speaker or his Clerks, to make a great weekly gain by the Printing and Publishing, to be sold at every Sationers or Booksellers Shops, and cry­ed up and down the Streets in London and Westminster, by Men, Women, Girls and Boys, all that is, or hath been done in the Commons House of Parliament to the no small profit of their Speaker excepted) or that when any person not of that House, who have not by any sup­posed Priviledge, any Serjeant, Lictor, Catchpole or Mes­senger fastes or secures to attend them, or any particular Prison allotted unto them who by their Commissions, Elections or Trusts reposed in them by their King and Countries, may search, and never find any power or Au­thority lodged in them, who never were or are any Court of Judicature, to Seise, Arrest, or Imprison any of their Fellow Subjects, but since that late Incroachment which hath no older a Date, than about the latter end of the Raign of our King James the First, who upon his observation of some of their Irregularities, jestingly said that the House of Commons in Parliament were an House of Kings, it never being intended by those that Elected them, or our Kings and Princes that admitted them, that they should have or exercise any power to Seise or Im­prison, or any place or Prison allowed by our Kings as their particular Prison, and though it appears that they had in the latter end of the Raign of King Henry 6. a Clerk, yet it was by the grants of our Kings, & by themselves have by the Kings permission appointed Door-keepers, but upon any occasion or cause of Imprisonment, or pu­nishing any offenders, could find no other means, Praesi­dent or way unto it, than to make use of the Kings Ser­jeant at Arms attending their Speaker, who arresteth, and [Page 572] either carrieth them to Prison to the Tower of London, which is no Prison appropriate to matters of Parliament, either to the House of Peers, who are to consult and ad­vise their Soveraign, or the House of Commons to Assent and obey, (the Tower of London being only the Kings Prison for special offenders) and more than or­dinary safe Custody the Marshallsea for the Courts of Kings-Bench, and Marshallsea, the Fleet for the most of the Courts in Westminster-Hall, that was anciently the Kings House or Palace, every County or City in England and Wales, and the Court of Admiralty having their parti­cular Prisons appertaining to their Coercive Power subor­dinate to their King, every Prison being alwaies stiled and said to be prisona nostra, or prisona domini Regis, the Pri­son for or of the King, whereby to restrain offenders of their Liberties, and keep them in the Custody of the Law until they can be tryed, and give Satisfaction to the Law so as if there were no other cogent arguments or eviden­ces amongst multitudes of those that in our Annals and Records, and the whole frame and constitution of our Kingly government, to support and justify the Sove­raignty thereof, that only one of our Kings allowing their Speaker the attendance of one of their Serjeant at Arms, with his Mass, or Mace, as an Ensign of Royal Majesty with a pension for his support and House keep­ing, and an allowance of large. Fees as aforesaid, might be sufficient to proclaim a most certain Soveraignty and Supremacy in our Kings and Princes, and none at all in the House of Commons, who may do well to take more heed in their ways and incroaching upon Regal Autho­rity, which in the Raigns of King Edward the third and King Richard the 2d upon less overt-acts and Prae­sumptions have been accompted and punished as High Treason.

§ 27.

That no Impeachment by all or any of the Members of the House of Commons in Parliament, or of the House of Peers in Parliament, hath, or ever had any Authority to invalidate, hinder or take away the power, force or effect of any the pardons of our Kings or Princes, by their Let­ters Patents or otherwise, for High Treason or Felony, Breach of the Peace, or any other crime or supposed delin­quency whatsoever.

FOR if Monarchy hath been by God himself, and the Experience of above 5000 years and the long­est Ages of the World approved (as it hath) to have been the best and most desirable form of Govern­ment.

And the Kingdom of England, as it hath been, for more than 1000 years, a well tempered Monarchy, and the Sword and Power thereof was given to our Kings only by God that ruleth the Hearts of them.

The means thereunto which should be the Power of Punishment and Reward, can no way permit, that they should be without the Liberty and Prerogative of Pardoning, which was no Stranger in England long be­fore the Conquest, in the Raign of King Athelstane, who did thereby free the Nation from four-footed Wolves by ordaining Pardons to such Out-Laws as would help to free themselves and others from such villanous Neigh­bours, the Laws, of Canutus also making it a great part of their business to enjoyn a moderation in punishments ad divinam clementiam temperata to be observed in Ma­gistracy, Ll. Canuti. and never to be wanting in the most Superior, none being so proper to acquit the offence as they that by our Laws are to take benefit by the Fines and Forfei­tures arising thereby, and Edward the Confessors Laws would not have Rex Regni sub cujus protectione & pace degunt universi, to be without it; when amongst his Laws, which the People of England held so sacred, as they did hide them under his Shrine, and afterwards precibus & fletibus obtained of the Conqueror, that they should be observed, and procured the observation of them especi­ally to be inserted in the Coronation-Oaths of our succeed­ing Kings, inviolably to be kept.

[Page 574] And it is under the Title of misericordia Regis & Par­donatio, declared, That Si quispiam forisfactus (which Ll. Edwardi Co [...]or, p. 19. the Margin interpreteth rei Capitalis reus) poposcerit Re­giam misericordiam pro forisfacto suo, timidus mortis vel membrorum per dendorum, potest Rex ei lege suae dignitatis condonare si velit etiam mortem promeritam; ipse tamen malafactor rectum faciat in quantumcunque poterit quibus forisfecit, & tradat fidejussores de pace & legalitate tenen­da si vero fidejussores defecerint exulabitur a Patria.

For the pardoning of Treason, Murder, breach of the Ll. H. 1. Peace, &c. saith King Henry the First, in his Laws, so much esteemed by the Barons and Contenders for our Magna Charta, as they solemnly swore they would live and die in the defence thereof, do solely belong unto him, & super omnes homines in terra sua

In the fifth year of the Raign of King Edward the Se­cond, Rot. Claus. 5. E. 2. in dorso, [...]. 15▪ Peirce Gaveston Earl of Cornwal, being banished by the King in Parliament, and all his Lands and Estate seized into the Kings hands, the King granted his Pardons, remitted the Seizures, and caused the Pardon and Discharges to be written and Sealed in his Pre­sence.

And howsoever he was shortly after upon his return into England, taken by the Earl of Warwick and behead­ed without Process or Judgment at Law, yet he and his Complices thought themselves not to be in any safety, until they had by two Acts of Parliament in the seventh year of that Kings Raign obtained a Pardon, Ne quis occasionetur pro reditu & morte Petri de Gaveston, the power of pardoning, being always so annexed to the King and his Crown and Dignity.

And the Acts of Parliament of 2 E. 3. ca. 2. 10 E. 3. ca. 15. 13 R. 2. ca. 1. and 16 R. 2. ca. 6. seeking by the Kings Leave and Licence in some things to qualifie it, are in that of 13 R. 2. ca 1. content to allow the Power of Pardoning to belong to the Liberty of the King, and a Regality used heretofore by his Progenitors.

Hubert de Burgh Earl of Kent, Chief Justiciar of Eng­land, in the Raign of King Henry the third, laden with Envy, and as many deep Accusations as any Minister of State could lie under, in two several Charges in several Parliaments, then without an House of Commons, had the happiness, notwithstanding all the hate and extremities Mat. Paris. [Page 573] Put upon him by an incensed Party, to receive two se­veral Ro. Claus. 16. H 3 m 4. & 3. Ro Patent 17 H▪ [...]. m▪ 11. [...]. Ro. Claus. 35 H 3 n. 6. [...]at. Paris. Pardons of his and their King, and dye acquitted in the Estate which he had gained.

Henry de Bathoina a Chief Justice of England being in that Kings Raign accused in Parliament of Extortion and taking of Bribes, was by the King pardoned

In the fifieth year of the Reign of King Henry the Rot. pat. 50. E. 3. third, the Commons in Parliament petitioning the King, that no Officer of the Kings, or any man, high or low, that was impeached by them, should enjoy his Place or be of the Kings Council.

The King only answered, he would do as he plea­sed.

With which they were so well satisfied, as the next Rot. pat. 51. E. 3. year after, in Parliament, upon better consideration, they petitioned him, that Richard Lyons, John Pechie, and lice Pierce, whom they had largely accused and believed guilty, might be pardoned.

And that King was so unwilling to bereave himself of that one especial Flower in his Crown, as in a Grant or Commission made in the same year to James Botiller Rot. Claus. 51. E. 3. Earl of Ormond of the Office of Chief Justiciar of Ireland, giving him power under the Seal of that Kingdom to pardon all Trespasses, Felonies, Murders, Treasons, &c he did especially except and reserve to himself the power of pardoning Prelates, [...]arls and Barons

In the first year of the Raign of King Henry the fourth Rot. pat. 1 H. 4. the King in the Case of the Duke of Albemarle and o­thers, declared in Parliament, that Mercy and Grace be­longeth to Him and his Royal Estate, and therefore re­served it to himself, and would that no man entitle him­self thereunto.

And many have been since granted by our succeed­ing Kings in Parliament at the request of the Com­mons (the People of England in Worldly and Civil Affairs as well ever since, as before, not knowing unto whom else to apply themselves for it.

So as no fraud or indirect dealings being made use of in the obtaining of a Pardon, it ought not to be shaken or invalidated, whether it were before a Charge or Accusation in Parliament or after, or where there is no Charge or Indictment ant cedent.

The Pardon of the King to Richard Lyons at the re­quest [Page 576] of the Commons in Parliament, as the Parliament Rolls do mention, although it was not inserted in the Pardon, was declared to be after a charge against him by the Commons in Parliament, and in the perclose said to be per Dominum Regem.

And a second of the same date and tenor, with a perclose said to have been per Dominum Regem & mag­num Concilium.

John Pechies pardon for whom that House of Com­mons in Parliament was said to intercede, only mention­eth that it was precibus aliquorum Magnatum.

15 E. 3. The Archbishop of Canterbury before the King Rot. pat. 15. E. 3. and Lords, humbling himself before the King, de­sired that where he was defamed through the Realm, he might be arraigned before his Peers in open Parlia­ment: Unto which the King answered, that he would attend the Common Affairs, and afterward hear others.

5 H. 4. The King at the request of the Commons, Rot. pat. 5. H. 4. affirmeth the Archbishop of Canterbury, the Duke of York, the Earl of Northumberland, and other Lords, which were suspected to be of the confederacy of Henry Percy, to be his true Leige-men, and that they nor any of them should be impeached therefore, by the King or his Heirs in any time ensuing.

9 H. 4. The Speaker of the House of Commons pre­sented Rot. pat. 9. H. 4. a Bill on the behalf of Thomas Brooke against Willi­am Widecombe, and required Judgment against him; which Bill was received, and the said William Widecombe was notwithstanding bound in a 1000 pound to hear his Judgment in Chancery.

And the many restorations in blood and estate in Rot. pat. 38. H. 6. 13 H. 4. and by King E. 4. and of many of our Kings may inform us how necessary and beneficial the pardons, and mercy of our Kings and Princes have been to their People and Posterities.

The Commons accuse the Lord Stanley in sundry par­ticulars, for being confederate with the Duke of York, and pray that he may be committed to prison: To which the King answered, he will be advised.

And Pardons before Indictments or prosecution have not been rejected for that they did anticipate any trou­bles which might afterwards happen.

For so was the Earl of Shrewsburys in the Raign of [Page 577] Queen Elizabeth for fear of being troubled by his ill-wil­lers for a sudden raising of men without a warrant to suppress an insurrection of Rebels.

Lionell Cranfeild Earl of Middlesex Lord Treasurer of England, being about the 18th year of King James, ac­cused by the Lords and Commons in Parliament, for great offences and misdemeanours fined by the King in Parliament to be displaced, pay 50000 l. and never more to sit in Parliament, was in the 2d year of the Reign of King Charles the Martyr, upon his Submissi­on to the King, and payment of 20000 l. only, pardon­ed of all Crimes, Offences and Misdemeanors whatso­ever any Sentence, Act, or Order of Parliament, or the said Sentence to the contrary notwithstanding.

For whether the accusation be for Treason wherein the King is immediately and most especially concerned, or for lesser Offences, where the people may have some concernment, but nothing near so much or equivalent to that of the Kings being the supreme Magistrate, the King may certainly pardon, and in many pardons as of Outlaries, Felonies, &c. there have been conditions annexed. Ita quod stent recto si quis versos eos loqui volue­rit.

So the Lord Keeper Coventry in the Raign of King Charles the Martyr to prevent any dangerous questions, touching the receiving of Fines and other Proceedings in Chancery, sued out his Pardon.

The many Acts of Oblivion, or general Pardon, granted by many of our Kings and Princes, to the great comfort and quiet of their Subjects, but great di­minution of the Crown Revenue did not make them guil­ty, that afterwards protected themselves thereby from unjust and malicious Adversaries.

And where there is not such a clause it is always im­plyed by Law in particular mens cases, and until the Soveraignty can be found by Law to be in the People, neither the King or his people (who by their Oaths of Allegiance and Supremacy are to be subordinate unto him) are to be deprived of his haute ex basse Justice, and are not to be locked up or restrained by any Petition, Charge or Surmise which is not to be accompted infalli­ble, or a truth, before it be proved to the King and his Council of Peers in Parliament, and our Kings that [Page 572] gave the Lords of Mannors, Powers of Soke and Sake, In­fangtheif, and Outfangtheif in their Court Barons, and sometimes as large as Fossarum & Furcarum, and the in­cident Power of Pardons and Remissions of Fine and Forfeitures which many do at this day without con­tradiction of their other Tenants enjoy, should not be bereaved of as much liberty in their primitive and supream Estates as they gave them in their deriva­tives.

And though there have been Revocations of Patents during pleasure, of Protections and Presentations, and Revocations of Revocations quibusdam certis de causis, yet never was there any Revocation of any Pardons granted where the King was not abused or deceived in the grant­ing thereof.

For in Letters Patents for other matters, Reversals were not to be accounted legal, where they were not upon just causes proved upon Writs of Scire facias issu­ing out of the Chancery, and one of the Articles for the deposing of King Richard 2d. being that he revoked some of his Pardons.

The recepi's of Patents of Pardon, or other things were ordained so to signifie the time when they were first brought to the Chancellour, as to prevent contro­versies concerning priority or delays, made use of in the Sealing of them to the detriment of those that first ob­tained them.

And the various forms in the drawing or passing of Pardons as long ago His testibus, afterwards per manum of the Chancellour, or per Regem alone, per nostre Main, vel per manum Regis, or per Regem & Concilium, or au­thoritate Parliamenti, per Regem & Principem, per Breve de privat sigillo, or per immediate Warrant being ne­ver able to hinder the energy and true meaning there­of.

And need not certainly be pleaded in any subordinate Court of Justice without an occasion, or to purchase their allowance who are not to controul such an Act of their Sovereign.

Doctor Manwaring in the fourth of sixth Year of the Raign of King Charles the Martyr being grievously fined by both Houses of Parliament, and made incapable of any place or Imployment, was afterwards pardoned and [Page 579] made Bishop of St. Asaph with a non obstante of any Order or Act of Parliament.

So they that would have Attainders pass by Bill or Act of Parliament to make that to be Treason which by the Law and antient and reasonable Customs of Eng­land, was never so before to be believed or adjudged, or to Accumulate Trespasses and Misdemeanors to make that a Treason which singly could never be so, either in truth, Law, right, reason or Justice.

May be pleased to admit and take into their serious consideration, that Arguments a posse ad esse, or ab uno ad plures, are neither usual or allowable, and that such a way of proceeding will be as much against the Rules of Law, Honour and Justice, as of Equity and good Con­science.

And may be likewise very prejudicial to the very ancient and honourable House of Peers in Parliament, for these and many more to be added Reasons, viz.

Former Ages knew no Bills of Attainder, by Act of Parliament after an Acquittal or Judgment in the House of Peers, until that unhappy one in the Raign of King Charles the Martyr, which for the unusualness there­of had aspecial Proviso inserted, That it should not here­after be drawn unto Examples or made use of as a Presi­d [...]t.

And proved to be so fatally mischievous to that blessed King himself▪ and His three Kingdoms of England Scot­land and Ireland, as he bewailed in his excellent Solilo­q [...]es, and at his Death, his consenting to such an Act, and charged His late Majesty never to make Himself or [...]is People, to be partakers of any more such Mischief procuring State Errors

The House of Commons if they will be Accusers, wherein they may be often mistaken, when they take it from others, and have no power to examine upon Oath, wild and envions Informations, and at the same time a part of the Parliament, subordinate to the King, will in such an Act of Attainder be both Judge and Party, which all the Laws in the World could never allow to be just.

And such a course, if suffered, must needs be dero­gatory and prejudicial to the Rights and Priviledges, and Judicative Power of the Peers in Parliament, unpa­rallelled, [Page 580] and unpresidented, when any Judgments given by them, shall by such a Bill of Attainder, like a Writ of Error, or as an Appeal from them to the House of Com­mons, be enervated or quite altered by an Act of At­tainder framed by the House of Commons, whereby they which shall be freed or absolved by their Peers, or by that Honourable and more wise Assembly, shall by such a back or by-blow be condemned, or if only Fined by the House of Peers, may be made to forfeit their Estates and Posterities by the House of Commons; or if con­demned in the Upper House, be absolved in the Lower, who shall thereby grow to be so formidable as none of the Peerage, or Kings Privy-Councel shall dare to dis­please them, and where the dernier Ressort, or Appeal, was before and ought ever to be to the King in his House of Peers, or without, will thus be lodged in the House of Commons, and of little avail will the Liberty of our Nobility be to be tryed by their own Peers, when it shall be contre caeur, and under the Control of the House of Commons.

Or that the Commons disclaiming, as they ought, any power or Cognisance in the matters of War and Peace, should by a Bill of Attainder make themselves to be Judges and Parties against a Peer, both of the Kings Privy Council and Great Council in Parliament, touch­ing Matters of that Nature.

For if the Commons in Parliament had never after their own Impeachments of a Peer or Commoner, Petitioned the King to pardon the very Persons which they had Accused, as they did in the Cases of Lyons and John Pe­chie, in the 51 year of the Raign of King Edward the Third whom they had fiercely accused in Parliament but the year before the Objection that a Pardon ought not to be a Bar against an Impeachment, might have had more force than it is like to have.

Neither would it, or did it discourage the exhibit­ing any for the future, no more than it did the many after Impeachments, which were made by the Commons in several Parliaments, & Kings Raigns, whereupon punish­ments severe enough ensued; For if the very many In­dictments and Informations at every Assizes and Quar­ter Sessions in the Counties, and in the Court of Kings-Bench at Westminster, in the Term time, ever since the [Page 581] Usurpation and Raign of King Stephen and the Pardons granted shall be exactly searched and numbred, the foot of the Accompt will plainly demonstrate, that the Par­dons for Criminal Offences have not been above, or so many as one in every hundred, or a much smaller and inconsiderable number, either in or before the first or latter instance, before Tryal or after, and the Pardons granted by our Kings, so few and seldom, as it ought to be confest, that that Regal Power only proper for Kings, the Vicegerents of God Almighty, not of the People, hath been modestly and moderately used, and that the multitude of Indictments and Informations, and few Pardons now extant in every year, will be no good Witnesses of such a causelesly feared discouragement.

And it will not be so easily proved, as it is fancied, that there ever was by our Laws or reasonable Customs an [...] Institution to preserve the Government by restrain­ing the Prince, against whom and no other, the Con­tempt and Injury is immediately committed from par­doning offences against Him, and in Him against the People to whose charge they are by God intrusted.

Or that there was any such Institution (which would be worth the seeing if it could be found or heard of) that it was the Chief to be taken care of, or that with­out it consequently the Government it self would be destroyed.

To prove which groundless Institution the Author of those Reasons is necessitated (without resorting, as he supposeth, to greater Antiquities) to vouch to Warranty the Declaration of that excellent Prince, King Charles the First of Blessed Memory, made in that behalf (when there was no Controversie or Question in agitation or debate touching the power of pardoning) in his An­swer to the nineteen Propositions of both Houses of Par­liament, wherein stating the several parts of this well regulated Monarchy, he saith, the King, the House of Lords, and the House of Commons, have each particu­lar Priviledges.

Wherein amongst those which belong to the King, he reckons the power of pardoning, if the Framer of those Reasons had dealt fairly and candidly, and added the Words immediately following, viz. And some more of the like kind are placed in the King.

[Page 582] And this kind of excellently tempered Monarchy, hav­ing the power to preserve that Authority, without which it would be disabled to protect the Laws in their Force, and the Subjects in their Peace, Liberties and Properties, ought to have drawn unto him such a re­spect and reverence from the Nobility and Great Ones, as might hinder the Ills of Division and Faction; and cause such a Fear and Respect from the People as might impede Tumults and Violence.

But the design being laid and devised to tack and piece together such parcels of his said late Majesties An­swer, as might make most for the advantage of the Undertaker, to take the Power of Pardoning from the Prince, and lodge it in the People, and do what they can to create a Soveraignty or Superiority in them, which cannot consist with his Antient Monarchy, and the Laws and reasonable Customs of the Kingdom, the Records, Annals and Histories, Reason, Common Sense and understanding thereof, the long and very long approved usages of the Nation, and Oaths of Allegi­ance and Supremacy of those that would now not only deny but be above it.

And would make the King, by some scattered or distorted parts of that Answer, mangled and torn from the whole context and purpose of it, to give away those undoubted Rights of his Crown, for which, and the preservation of the Liberties of his People, he died a Martyr; the Author and his Party endeavouring all they can to translate the Assent of the Commons required in the Levying of Money into that of the power of par­doning, and jumbling the Words and Sense of that Royal Answer, cements and puts together others of their own to fortifie and make out their unjust purposes, omitting every thing that might be understood against them, or give any disturbance thereunto.

And with this resolution the Author proceedeth to do as well as he can, and saith, that

After the enumeration of which, and other his Prero­gatives, his said Majesty adds thus; Again (as if it rela­ted to the matter of pardoning, which it doth not at all, but only and properly to the Levying of Money where­in that Misinterpreter can afford to leave out his said Majesties Parenthesis (which is the Sinews as well of Peace [Page 583] as War) that the Prince may not make use of this high Exect Col­lection of Re­monstrances, Declarations and Messages betwixt his late Majesty and the Par­liament, Prin­ted by Order of the Com­mons in Par­liament, 24. March, 1642. and perpetual Power to the hurt of those for whose good he hath it, and of Publick Necessity (which clear­ly evidenceth that his late Majesty thereby only intend­ed that part of his Answer to relate to the levying of Money) for the gain of his private Favourites and Fol­lowers to the detriment of his People.

Whither being come, our Man of Art or putter of his Matters together, finds some words which will not at all serve is turn, inclosed in a Royal Parenthesis of his late Majest [...], viz. (An excellent Conserver of Liberty, but never intended for any share in Government, or the choosing of them that should govern) but looked like a deep and dangerous Ditch which might Sowse him over head and ears, if not drown him and spoil all his inventions, and therefore well bethinks himself, retires a little, begins at An excellent Conserver of Liberty, makes that plural, adds, &c. which is not in the Original, fetches his feeze and leaps quite over all the rest of the Parenthesis, as being a Noli me tangere, dangerous words, and of evil consequence, and having got over goeth on untill he came to some just and considerable expostulations of his late Majesty, and then as if he had been in some Lin­colnshire Fens and Marshes, is again enforced to leap un­til he come to, Therefore the Power legally placed in both Houses, is more than sufficient to prevent and re­strain the Power of Tyranny.

But not liking the subsequent words of his late Ma­jesty, viz. And without the Power which is now asked from Us, we shall not be able to discharge that Trust which is the end of Monarchy, since that would be a total subversion of the Fundamental Laws, and that excellent Constitution of this Kingdom, which hath made this Nation for many years both famous and happy to a great degree of envy, is glad to take his leave with an, &c. and meddle no more with such Edge-Tools, wherewith that Royal Answer was abundantly furnished.

But looks back and betakes himself to an Argument framed out of some Melancholick or Feverish Fears and Jealousies, that until the Commons of England have right done unto them against that Plea of Pardon, they may justly apprehend that the whole Justice of the Kingdom in the Case of the five Lords, may be obstructed and de­seated [Page 584] by Pardons of a like nature.

As if the pardoning of one must of Necessity amount to many, or all, in offences of a different nature com­mitted at several times by several persons (which is yet to be learned) and the Justice of the Nation which hath been safe and flourished for many Ages, notwith­standing some necessary Pardons granted by our Princes, can be obstructed or defeated in a well constituted Go­vernment under our Kings and Laws; so it may ever­lastingly be wondred upon what such jealousies should now be founded, or by what Law or Reason to be satis­fied, if it shall thus be suffered to run wild or mad.

For Canutus in his Laws ordained that there should be in all Punishments a moderata misericordia, and that Ll. Caruti. there should be a misericordia in judicio exhibenda, which all our Laws, as well those in the Saxon and Danish times as since, have ever intended, and it was wont to be a parcel of good Divinity, that Gods Mercy is over all his Works, who not seldom qualifies and abates the Ri­gour of his Justice.

When Trissilian Chief Justice, and Brambre Major of London, were by Judgment of the Parliament of the Eleventh of King Richard the second, Hanged and Exe­cuted, the Duke of Ireland banished, some others not so much punished, and many of their Complices pardoned, the People that did not know how soon they might want Pardons for themselves, did not afflict themselves or their Soveraign with Complaints and Murmurings, that all were not Hanged and put to the extremities of Punishment; nor was Richard Earl of Arundel, one of the fierce Appellants in that Matter, vexed at the par­doning of others, when he in a Revolution and Storm of State was within ten years after, glad to make use of Rot. Parl. 21 R. 2. a Pardon for himself.

King James was assured by his Councel that he might pardon Sir Walter Rawleigh, the Lord Cobham, Sir Griffin Markham with many others then guilty of Treason, and the Earl of Somerset and his Lady, for the Murder of Sir Thomas Overbury, without any commotion in the Brains of the rest of his Subjects, some of whom were much disturbed that he after cau­sed Sir Walter Rawleigh to be executed for a second Of­fence upon the Score of the former, not at all pardoned, but reprieved or only respited.

[Page 585] And therefore whilest we cry out and wonder quan­tum mutantur tempora, may seek and never find what ever was or can be any necessary cause or consequence, that the five Lords accused of High Treason, and a de­sign of killing the King, will be sure to have a Pardon, if that the Pardon of the Earl of Danby, whose design must be understood by all men rather to preserve him, shall be allowed.

Nor doth an Impeachment of the House of Com­mons virtually, or ever can from the first Constitution of it be proved or appear to be the voice of every parti­cular Subject of the Kingdom; for if we may believe Mr. William Pryn, one of their greatest Champions, and the Records of the Nation and Parliaments, the Commons in Parliament do not, or ever did Represent, or are Procurators for the Lords Spiritual and Tem­poral, and their numerous Tenants and ancient Baro­nies, that hold in Capite, nor for the many Tenants that should be of the Kings ancient Demesne and Revenues, nor for the Clergy, the multitude of Copy-holders heretofore, as much as the fourth part of the King­dom, neither the great number of Lease-holders, Cot­tagers, &c. that are not Free-holders, Citizens or Trades­men, Pryns 4 part of his Regi­ster of Parlia­ment Writs. nor can all the Members of the Body Politick be equally wounded in their Estates or concernments by the vain imaginations, causless fears, and jealousies and bugbears of other seditious or fanciful Mens own making.

And to men that have not yet proceeded so far in the School of Revelation as to be sure of the Spirit of Prophesie, it may prove a matter of ill consequence that the universality of the People should have occasion ministred and continued to them to be apprehensive of utmost dangers from the Crown, from whence they of right expect Protection.

And a Wonder next a Miracle, from whence the Premisses to such a trembling and timorous conclusion can be fetched, or how a People, whose valiant and wiser Fore-fathers were never heretofore scared with such panick fears, nor wont to be affrighted with such Phantasmes, should now suspect they can have no Pro­tection from the Crown, when some of them do at the same time labour all they can to hinder it.

[Page 586] Or how it should happen in the long Rebellious Par­liament that after Mr. Chaloner a Linnen Draper of Lon­don, was hanged for Plotting a Surprize of the City of London, and reducing it to the Kings obedience, honest Mr. Abbot the Scrivener should be pardoned without any such discontent and murmuring of the People, or that Oliver Cromwel should not be debarred of his Pow­er, of Pardoning in his Instrument of Government, and be allowed to Pardon the Lord Mordant, for a supposed Treason against his usurped Authority; and our King deriving his Authority, legally vested in Him and His Royal Ancestors, for more than one thousand years before, may not adventure to do it without the utter undoing and ruine of his Subjects in their Properties, Lives and Estates, by His pardoning of some Capital Offenders: Or why it should not be as lawful and con­veninent for the King to grant Pardons to some other Men, as to Doctor Oates or Mr. Bedlow.

When no Histories Jewish, Pagan or Christian, can shew us a People, unless in Cases of intollerable Villanies, Petitioning their Kings, that they would not Pardon, when all are not like to be Saints or Faultless, and it will ever be better to leave it to the Hearts of Kings, and God that directs them, than to believe Tyranny to be a Bles­sing, and Petition for it.

And the most exact search that can be made, when it findeth the Commons petitioning in Parliament to the King or House of Peers, that they may be present at some Tryals there, upon their Impeachments, can­not meet with any one President where they ever de­sired, or were granted such a reasonless Request, pur­sued and set on by other Mens Designs to have one Mans Tryal had before another, and by strugling and wrestling for it, expose the King and Kingdom to an utter destruction.

And therefore in those their fond importunities might do well to tarry until they they can find some Reason why the Lords Spiritual may not Vote or Sit as Judges or Peers in Parliament, in the Case of the five Lords, as well as of the Earl of Danby.

Or any President that it is or hath been according to Parliamentary proceedings to have any such Vote or Request made by the Commons in Parliament.

[Page 587] Who neither were or should be so omnipotent in the opinion of Hobart and Hutton and other the learned Judges of England, as to make a Punishment before a Law, or Laws with a Retrospect, which God himself did never allow, but should rather believe that Laws enacted contrary to the Laws of God and Morality, or that no Aids or Help are to be given to the King pro bo­no Publico, or that there should be no Customs or Pre­scription, or that the King should be governed by His People, would be so far from gaining an Obedience to such Laws or Acts of Parliament as to render them, to be ipso facto null and of none effect.

When the King hath been as careful to distribute Justice as his Mercy, without violence to his Laws and well inform'd Conscience hath sometimes perswaded him to Pardon, to do Justice, or to cause it to be done in a legal and due manner, and is so appropriate to the Office and Power of a King, so annext, appendant and a part of it, as none but His Delegates are to intermed­dle or put any limits thereunto, and if it should not be so solely inherent in Him would be either in abeyance or no where.

For the House of Commons are not sworn to do Jus­tice, Pryns Ani­mad. upon Cokes 4 Instit. and if they were, would in such a case be both Judges and Parties, and the Lords Spiritual and Tempo­ral are not as to particular proceedings sworn but meer­ly consultive; So as Justice can vest in none but the King, who is by his Coronation-Oath only sworn to do it, if His Right of Inheritance and greater Concern­ments than any of his Subjects, did not abundantly in­gage and prompt Him thereunto; and is therefore so every way, and at all times obliged to do Justice and Protect the Lives, Estates, Peace and Liberty of His Sub­jects, as he is with all convenient speed and hast to Try or bring to Judgment, a Subject accused of Treason by the Houses of Lords and Commons, both or either of them in His Court of Kings-Bench before the Justices thereof, or by special Commission by a Lord High Steward in or without the time of Parliament.

And the King may acquit (which amounteth to a Remission or Pardon) by a more Supream Authority than any of His Judges (some particular Cases where­in Appeals are, or may be brought, only excepted) do [Page 588] ordinarily by an authority derived from no other, not to be debarred by probabilities, or possibilities, or by consequences, not always to be foreseen or avoided.

For a Man pardoned for Man-slaughter, may be so unhappy as in the like manner afterwards to be the death of five or ten more; 20000 Rebells pardoned at a time as in the Insurrections of Wat Tyler, Jack Cade, &c. may be guilty of the like Offence, twenty or forty years after: The Lord Mayor of London that hath an allowance of Tolls and Profits to take a care of the Ci­ty and wholsomness of Food, might be, as they are, too much careless, and undo them in their Health and well being.

The Judges may as those in the Raign of King Ed­ward the First, and Thorp in the Raign of King Edward the Third, be guilty of Mildemeanours, yet that is not to bereave us of that good which better Men may do us in their administration of Justice, our Kings have granted Priviledges to certain Cities and Towns not to pay Subsidies, and granted Pardons as their Mercies and right reason inclined them, in the course of their several Raigns for many Ages last past, yet have not acquitted or left unpunished all the Offenders ever since, there being a greater likelyhood that they would not be so easie in pardoning, where they were to gain so much by Attainders, Fines and Forfeitures

And therefore panick and vain Fears, such as in con­stantem virum cadere non possunt, should not be permitted to affright our better to be imployed Imaginations, un­less we had a mind to be as wise as a small and pleasant Courtier of King Henry the Eighths, who would never endure to pass in a Boat under London-Bridge lest it should fall upon his Head, because it might once happen to do so.

Our Magna Charta's and all our Laws which ordain no man to be condemned or punished without Tryal by his Peers, do allow it where it is by Confession, Outlawry, &c and no Verdict.

Did never think it fit that Publick Dangers, such as Treason should tarry, where Justice may as well be done otherwise without any precise Formalities to be used therein.

For although it may be best done by the advice of [Page 589] the Kings greatest Council the Parliament, there is no Law or reasonable Custom of England either by Act of Parliament, or without, that restrains the King to do it only in the time of Parliament.

When the Returns, Law-Days and Terms appointed and fixt, have ever given place to our Kings Commissi­ons of Oyer and Terminer, Inquiries, &c. upon special and emergent occasions.

And notwithstanding it will be always adviseable that Kings should be assisted by their greatest Council, when it may be had, yet there is no Law or Act of Parliament extant, or any right reason or consideration to bind Him from making use of His ordinary Council in a Case of great and importunate necessity.

For Cases of Treason, Felony and Trespass, being ex­cepted out of Parliament, first and last granted and in­dulged Priviledges by our and their Kings and Princes, there can be no solid Reason or cogent Argument to perswade any man that the King cannot for the pre­servation of Himself and His People, in the absence or interval of Parliaments, punish and try Offenders in Cases of Treason, without which there can be no Justice, Pro­tection or Government, if the Power of the King and Supream Magistrate shall be tyed up by such, or the like as may happen, Obstructions.

So that until the Honourable House of Commons can produce some or any Law, Agreement, Pact, Concessi­on, Liberty or Priviledge to Sit and Counsel the King, whether he will or no, as long as any of their Petitions remain unanswered (which they never yet could or can) (those grand Impostors and Figments of the Mo­dus tenendi Parliamenta, and the supposed Mirror of Justice, being as they ought to be rejected) when the Parlia­ment Records will witness that many Petitions have, for want of time (most of the ancient Parliaments not expending much of it) been adjourned to be determined in other Courts, as in the Case of Staunton in 14 E. 3. and days have been limited to the Commons for the ex­hibiting of their Petitions; the Petitions of the Corbets depended all the Raigns of King Edward the First and Second, until the eleventh year of Edward the Third, which was about sixty six years, and divers Petitions not dispatched, have in the Raign of King Richard the Se­cond, [Page 590] been by the King referred to the Chancellor and sometimes with a direction to call to his assistance the Justices and the Kings Serjeants at Law, and the Com­mons themselves have at other times prayed to have their Petitions determined by the Councel of the King, or by the Lord Chancellor. And there will be reason to believe that in Cases of urgent necessity for publick safety, the King is and ought to be at liberty to try and punish great and dangerous Offenders without His Great Coun­cil of Parliament.

The Petitions in Parliament touching the pardoning of Richard Lyons, John Peachie, Alice Peirce, &c and a long process of William Montacute Earl of Salisbury were renewed and repeated again in the Parliament of the first of Richard the Second, because the Parliament was ended before they could be answered

Anno 1. of King Richard the Second, John Lord of Gomenez formerly committed to the Tower for delive­ring up of the Town of Ardes in that Kings time, of which he took upon him the safe keeping in the time of King Edward the Third, and his excuse being disproved, the Lords gave Judgment that he should dye, but in regard he was a Gentleman and a Baronet, and had other­wise well served, should be beheaded, but Judgment was howsoever respited until the King should be thereof Rot. Parl. fully informed, and was thereupon returned again to the Tower.

King Henry the Second, did not tarry for the assembling a Parliament to try Henry de Essex, his Standard-bearer, whom he disherited for throwing it down and aftrighting his Host or disheartning it.

16 E. 2 Henry de bello monte a Baron refusing to come to Parliament upon Summons, was by the King, Lords and Council, and the Judges, and Barons of the Exchequer then assisting committed for his con­tempt to Prison.

Anno 3 E. 3. the Bishop of Winchester was indicted in the Kings-Bench for departing from the Parliament at Salisbury.

Neither did Henry the Eight forbear the beheading of His great Vicar General Cromwell, upon none or a very small evidenced Treason, until a Parliament should be Assembled.

[Page 591] The Duke of Somerset was Indicted of Treason and Felony, the scond of December, Anno 3. & 4. Edwardi 6. sitting the Parliament, which began the fourth day of November, in the third year of His Raign, and ended the first day of February in the fourth, was acquitted by his Peers for Treason, but found guilty of Felony, for which neglecting to demand his Clergy he was put to Death.

In the Raign of King Philip and Queen Mary, thirty Cokes Insti­tutes. nine of the House of Commons in Parliament (whereof the famous Lawyer Edmond Plowden was one [...]) were In­dicted in the Court of Kings-Bench, for being absent without License from the Parliament.

Queen Elizabeth Charged and Tryed for Treason, and Executed Mary Queen of Scots her Feudatory, with­out the Advice of Parliament, and did the like with Ro­bert Earl of Essex her special Favourite, for in such Cases of publick and general Dangers, the shortest delays have not seldom proved to be fatally mischievous.

And howsoever it was in the Case of Stratford, Arch­bishop of Canterbury in the fifteenth year of the Raign of King Edward the Third, declared that the Peers de la terre ne doivent estre arestez ne mesnez en Jugement, Si non en Parlement & par leur Pairres, yet when there is no Parliament, though by the Law their Persons may not then also be Arrested at a common persons Suit, they may by other ways be brought to Judgment in any o­ther Court.

And Charges put in by the Commons in the House of Peers, against any of the Peers have been dis­solved with it.

For Sir Edward Coke hath declared it to be according Cokes 4 part of the Institutes. Tit. Parliament. to the Law and reasonable Customs of England, follow­ed by the modern practice, that the giving any Judg­ment in Parliament doth not make it a Session, and that such Bills as passed in either or both Houses, and had no Royal Assent unto them, must at the next Assembly begin again; for every Session of Parliament is in Law (where any Bill hath gained the Royal Assent, or any Record upon a Writ of Error brought in the House of Peers hath been certified) is and hath been accompted to have been a Session.

And although some of this latter quarrelling Age [Page 592] have Espoused an Opinion, too much insisted upon, that an Impeachment brought by the House of Com­mons against any one makes the supposed Offence, un­til it be Tryed, unpardonable.

A Reason whereof is undertaken to be given, because that in all Ages it hath been an undoubted Right of the Commons to Impeach before the Lords any Subject for Treason or any Crime whatsoever.

And the Reason of that Reason is (supposed to be) because great Offences complained of in Parlia­ment, are most effectually determined in Parlia­ment.

Wherein they that are of that Opinion may be intreated to take into their more serious Considera­tion,

That there neither is, nor ever was, any House or Members of Commons in Parliament, before the Im­prisonment of King H. 3. by a Rebellous part of his Subjects, in the Forty ninth year of his Raign, or any kind of fair or just evidence for it.

Factious designing and fond conjectures being not amongst good Pa [...]ots or the Sons of Wisdom ever accompted to be a sufficient, or any evidence.

Nor was the House of Lords from its first and more ancient original, intituled under their King to a Judica­tive Power to their Kings, in common or ordinary Affairs, but in arduis, and not in all things of that na­ture, but in quibusdam, as the King should propose and desire their advice, concerning the Kingdom and Church in matters of Treason or publick concernments, and did understand themselves, and that high and honoura­ble Court, to be so much forbid by Law, ancient usage and custom to intermeddle with petty or small Crimes or Matters, as our Kings have ever since the sixth year of the Raign of King Edward the first, ordained some Rot. parl. 7 E. 1. part of the Honourable House of Peers, to be Receivers and Tryers of Petitions of the Members of the House of Commons themselves and others, directed to the King to admit what they found could have no Remedy in the ordinary Courts of Justice, and reject such as were, properly elsewhere to be determined, with an Indorse­ment of non est Petitio Parliamenti.

Which may well be believed to have taken much [Page 593] of its reason and ground from a Law made by King Canutus who began his Raign about the year of our Lord, 1016. Nemo de injuriis alterius Regi queratur Ll. Canuti, 16 nisi quidem in Centuria Justitiam consequi & impetrare non poterit.

For certainly, if it should be otherwise, the reason and foundation of that highest Court would not be as it hath been hitherto, always understood to be with a Cognisance only de quibusdam arduis, matters of a very high nature concerning the King and the Church.

But it must have silenced all other Courts and Juris­dictions, and have been a continual Parliament, a Goal-delivery or an intermedler in matters as low as Court Leets, or Baron and County Courts, and a Pye-Powder Court.

And the words of any Crime whatsoever do not pro­perly signifie great Offences, and that all great Offences do concern the Parliament, is without a Key to unlock the Secret not at all intelligible, when it was never instituted or made to be a Court for common or ordinary Crimi­nals.

For the House of Commons were never wont to take more upon them than to be Petitioners and Assenters unto such things as the King by the advice of His Lords Spiritual and Temporal should ordain, and obey, and endeavour to perform them.

And an Impeachment of the House of Commons cannot be said to be in the Name or on the behalf of all the People of England, for that they never did or can represent the one half of them, and if they will be pleased to exaimine the Writs and Commissions granted by our Kings for their Election, and the pur­pose of the Peoples Election, of them to be their Repre­sentatives, Substitutes or Procurators, it will not extend to accuse Criminals, for that appertained to the King himself and His Laws, care of Justice and the Publick; for the Common People had their Inferiour Courts and Grand Juries, Assises and Goal-Deliveries to dispatch such Affairs without immediately troubling Him or His Parliament, and the tenour and purpose of their Commissions and Elections to Parliament, is no more than ad faciendum & consentiendum iis, to obey and per­form such things as the King, by the advice of His [Page 594] Lords Spiritual and Temporal, should in Parliament ordain.

For although where the Wife or Children of a Man murdered shall bring an Appeal, the King is debarred from giving a Pardon, because by our Saxon Laws de­rived from the Laws of God, they are not to be distur­bed Ll. Inae, 6. in that satisfaction which they ought to have by the loss or death of the Man murdered.

Yet the publick Justice will not be satisfied without the party offending be Arraigned and brought to Judg­ment for it, if the party that hath right to Appeal should surcease or be bought off, so as an Appeal may be brought after or before the King hath Indicted, and an auter foitz acquit in the one case will not prejudice in the other, and where the Matter of Fact comes to be afterwards fully proved, and the Appeal of a Wife or Child of a Bastard called filius populi, quia nullius filius, where only the King is Heir, cannot vacate or supersede an Indictment of the Kings.

Neither is an Appeal upon a Crime or in criminal Matters in the first instance to be at all pursued in Par­liament, by the Statute made in the First year of the Raign of King H. 4. the words whereof are, Item for 1 H. 4. cap. 14. many great inconveniences and mischiefs that often have happened by many Appeals made within the Realm of Eng­land (to the great afflictions and calamites of the Na­tion, as it afterwards happened by the Lancastrian Plots and Desings in that mischievous Appeal in Anno 11. of King Richard the Second) before this time; It is ordained and stablished from henceforth, That all the Appeals to be made of things done out of the Realm, shall be tryed and determined before the Constable and Marshal of Eng­land for the time being; And moreover it is accorded and assented, That no Appeals be from henceforth made, or in any wise pursued in Parliament in any time to come.

And therefore that allegation that the House of Peers cannot reject the Impeachment of the Commons, be­cause that Suit or Complaint of the Commons can be determined no where else, will want a better founda­tion (an Impeachment of the House of Commons, in the Name of all the People being no other than an Ap­peal to the King in Parliament.)

And the Suit of such as might be Appellants in ano­ther [Page 595] place (being there expresly prohibited) cannot be supposed to be the concern or interest of all the People deserving or requiring satisfaction, or especially provid­ed for by Law to have satisfaction, unless it could by any probability or soundness of Judgment be con­cluded that all the People of England besides Wives, Children or near Kindred and Relations (the necessity of publick Justice and deterring Examples) are or should be concerned in such a never to be fancied Appeal of the People. And it will be very hard to prove that one or a few are all the People of England, or if they could be so imagined, are to be more concerned than the King, who is sworn to do Justice, unless they would claim and prove a Soveraignty, and to be sworn to do Justice, which though they had once by a villanous Rebellion attacked, until Oliver Cromwel their Man of Sin, cheated them of it; for God would never allow them any such power or priviledge, or any Title to the Jesuits Doctrine which some of our Protestant Dissenters, their modern Proselites, have learned of them, that the King, although he be singulis major, is minor universis.

And it is no denial of Justice in the House of Peers to deny the receiving of an Impeachment from the House of Commons, when they cannot understand any just cause or reason to receive it, and the Records, Rolls, Pe­titions and Orders of Parliament will inform those that will be at the pains to be rightly and truly directed by them, that Petitions in Parliament have been adjourned modified or denied; and that in the Common or Inferior Courts of Justice, Writs and Process may sometimes be denied, superseded or altered according to the Rules of Justice, or the circumstances thereof. And our Records can witness, that Plaintiffs have petition­ed Courts of Justice recedere a brevi & impetrare aliud.

And it cannot be said that the King doth denegare Justitiam, when he would bind them unto their ancient legal, well experimented forms of seeking it in the pur­suing their Rights and Remedies, & hinders them in no­thing but seeking to hurt others and destroy themselves.

For Justice no otherwise denied should not be termed Arbitrary, until there can be some solid reason, proof or evidence for it,

When it is rather to be believed, that if the Factious [Page 596] Vulgar Rabble might have their Wills, they would ne­ver be content or leave their fooling until they may ob­tain an unbounded liberty of tumbling and tossing the Government into as many several Forms and Methods, as there be days in the year, and no smaller variety of Religions.

And by the Feudal Laws, which are the only Fun­damental Laws of our Government and English Mo­narchy, those many parts of the Tenants that held of their Mesne Lords in Capite, could not with any safety to their Oaths and Estates Authorise any of their Elected Members of the House of Commons in Parliament, to accuse or charge any of the Baronage of England, in the House of Peers in Parliament, although every Tenant in his Oath of Vassalage to his Mesne Lord, doth ex­cept his Allegiance to the King, and would be guilty of Misprision of Treason, if he should conceal it by the space of twenty and four hours, and if any of the Elect­ed would or should avoid such Misprision of Treason in the not performance of his Duty and Oath of Allegi­ance, it would require a particular Commission to his own Elected Members, and is not to have it done by way of a general Representation when there is not to be discerned in the Kings Writ, or in the Sureties, or Ma­nucaptors matters, or things to be performed, or in the Indentures betwixt the Sheriff and the Electors, and Elected any word of Representation, or any thing more than ad faciendum & consentiendum iis, to assent and obey, do and perform such things as the King by the Advice of the Lords in Parliament shall ordain, and if they would make themselves to be such Representers, were to have a particular and express Commission, to charge or impeach any one of themselves or of the House of Peers with Treason, or any other high Misdemeanours.

And they must be little conversant with our Records, that have not understood that the Commons have many times received just denials to their Petitions, and that some have not seldom wanted the foundations of Reason or Justice.

That many of their Petitions have adopted the Con­cerns and Interests of others, that were either Strangers unto them, or were the Designs of some of the grand Nobility who thought them as necessary to their pur­poses [Page 597] as Wind, Tide, and Sails are to the speed­ing of a Ship into the Port or Landing-places of their Designs.

For upon their exhibiting in a Parliament in the 28 Rot. Parl. 28. H. 6. n. 16, 17. year of the Raign of King Henry the Sixth, abundance of Articles of High Treason, and Misdemeanours, against William de la Poole, Duke of Suffolk one whereof was that he had sold the Realm of England to the French King, who was preparing to invade it.

When they did require the King and House of Lords that the Duke (whom not long before they had recom­mended to the King to be rewarded for special services) might be committed Prisoner to the Tower of London, the Lords and Justices upon consultation, thought it not reasonable unless some special Matter was objected a­gainst him.

Whereupon the said Duke not putting himself upon his Peerage, but with protestation of his innocency, only submitting himself to the Kings mercy, who acquitting him from the Treason and many of the Misdemeanours, and for some of them by the advice of the Lords, only banished him for five years. And that thereupon when the Viscount Beaumont in the behalf of the Lords Spiri­tual and Temporal required that it might be Inrolled that the Judgment was by the Kings own Rule, & not by their Assent, and that neither they nor their Heirs should by this Example be barred of their Peerage.

No Protestation appears to have been made by any of the Lords Spiritual and Temporal for or on the be­half of the Commons.

Or by the Commons for themselves.

So as a different manner of doing Justice can neither truly or rationally be said to be an absolute denial of Justice, and was never believed to be so by the Prede­cessors of the House of Commons in Parliament in our former Kings Raigns, when some hundreds of their Pe­titions in Parliament have been answered. There is a Law already provided, or let the old Law stand, or the King will provide a covenable or fitting remedy.

And is not likely if it were, as it is not to be, any Ar­bitrary Power, or any temptation or inducement there­unto, to produce any Rule or incouragement to the ex­ercise of an Arbitrary Power in the Inferiour Courts, [Page 598] when there is none so weak in his Intellect, but may un­derstand that different Courts have several Boundaries, Methods and Forms of Proceedings, and that the Kings extraordinary great Court and Councel in His House of Peers, although very just and unarbitrary in their pro­cedures, is so always ready to succour the Complaints of People, as it never willingly makes it self to be the cause of it.

And cannot misrepresent the House of Peers to the King and his People, in the Case of Mr. Fitz Harris, or any others, when that honourable Assembly takes so much care as it doth to repress Arbitrary Power, and doth all it can to protect the whole Nation from it, and many of the House of Commons Impeachments have been disallowed by the King and his House of Peers in Parliament without any ground or cause of fear of Arbitrary Power, which can no where be so mischie­vously placed, as in the giddy multitude whose Impeach­ments would be worse than the Ostracisme at Athens, and so often overturn and tire all the wise men and good men in the Nation, as there would be none but such as deserve not to be so stiled, to manage the Affairs of the Government, subordinate to their King and Sove­raign.

To all which may be added, if the former Presidents cited to assert the Kings Power of Pardoning as well af­ter an Impeachment made by the Commons in Parlia­ment, as before, and after an Impeachment made by the Commons, and received by the Lords in Parliament, or made both by the Lords and Commons in Parliament, be not not sufficient that of Hugh le Despenser, Son of Hugh le Despenser, the younger, a Lord of a great Estate, which is thus entred in the Parliament Roll of the fifth year of the Raign of King Edward the Third, ought surely to satisfie, that the Laws and reasonable Customs of England will warrant it.

Anno 5 E. 3. Sir Eubule le Strange and eleven other Rot Parl. 5. E. 3. n. 8. Mainprisers, being to bring forth the Body of Hugh the Son of Hugh le Despenser the younger, saith the Record, A respondre au prochein Parlement & de ester au droit & affaire ce & de liu en conseil soit ordine & mesuerent le Corps le dit Hugh devant nostre Seigneur le Roi Countes Barons & autres Grantz en mesme le Parlement & mon­strent [Page 599] les L'res Patents du Roi de Pardon al dit Hugh foris­facturam vite & membrorum sectam pacis homicidia roborias Felonias & omnes transgressiones, &c. Dated 20 Martii anno primo Regni sui Et priant a n're Seigneur le Roi quil le vousist delivrer de las Mainprise & faire audit Hugh sa grace & n're Seigneur le Roi eiant regard a ses dites L'res & voilant uttroier a la Priere le dit Mons'r Eble & au­tres Main pernors avant dit & auxint de les Prelatz qui prierent molt especialment pur lui si ad comande de sa grace sa delivrance. Et voet que ses Menpernors avant ditz & chescun d'eux soient dischargez de leur Mainprise & auxint & le dit Hugh soit quit & delivrers de Prisone & de garde yssint & si ho'me trove cause devors lui autre & nest uncore trove quil estoise au droit.

And the English Translator, or Abridger of the Par­liament Records, hath observed that the old usage was, that when any Person being in the Kings displeasure, was thereof acquitted by Tryal or Pardon, yet notwith­standing he was to put in twelve of his Peers to be his Sureties for his good Behaviour at the Kings pleasure.

And may be accompanied by the Case of Richard Earl of Arundel in the 22 year of the Raign of King Ri­chard 22 R. 2. In the Abridg­ment of the Parliament Records in English said to be done by Sir Robert Cotton. the Second, being Appealed by the Lords Appel­lant, and they requiring the King, that such Persons Appealed, that were under Arrest, might come to their Tryal, it was commanded to Ralph, Lord Nevil, Consta­ble of the Tower of London to bring forth the said Richard Earl of Arundel, then in his custody, whom the said Constable brought into the Parliament, at which time the Lords Appellants came also in their proper Persons. To the which Earl the Duke of Lancaster (who was then hatching the Treason which afterwards in Storms of State and Blood came to effect against the King) by the Kings Coommandment and Assent of the Lords de­clared the whole circumstances; after the reading and declaring whereof the Earl of Arundel, who in Anno 11 of that Kings Raign had been one of the Appellants, to­gether with Henry Earl of Derby Son of the said Duke of Lancaster, and afterwards the usurping King Henry the Fourth against Robert de Vere, Duke of Ireland and Earl of Oxford, and some other Ministers of State, under King Richard the Second, alledged that he had one Par­don granted in the Eleventh year of the Raign of King [Page 600] Richard the Second, and another Pardon granted but six years before that present time. And prays that they might be allowed.

To which the Duke answered, that for as much as they were unlawfully made, the present Parliament had revoked them.

And the said Earl therefore was willed to say fur­ther for himself at his peril; whereupon Sir Walter Clop­ton, Chief Justice, by the Kings Commandment declar­ed to the said Earl, that if he said no other thing, the Law would adjudge him guilty of all the Actions against him.

The which Earl notwithstanding would say no other thing, but required allowance of his Pardons.

And thereupon the Lords Appellant in their proper Persons, desired that Judgment might be gi­ven against the said Earl as Convict of the Treason afore­said.

Whereupon the Duke of Lancaster, by the Assent of the King, Bishops and Lords, adjudged the said Earl to be Convict of all the Articles aforesaid, and thereby a Traytor to the King and Realm, and that he should be hanged, drawn and quartered, and forfeit all his Lands in Fee or Fee-tail, as he had the nineteenth day of Sep­tember, in the tenth year of the Kings Raign, together with all his Goods and Chattels. But for that the said Earl was come of noble Blood and House, the King par­doned the hanging, drawing and quartering, and grant­ed that he should be beheaded; which was done accord­ingly.

But Anno 1 Hen. 4. the Commons do pray the rever­sal Rot. Parl. 1 H. 4. n. 109. 111. of that Judgment given against him, and restoration of Thomas the Son and Heir of the said Richard Earl of Arundel.

Unto which the King answered, he hath shewed favour to Thomas now Earl, and to others, as doth ap­pear.

The Commons do notwithstanding pray, that the Records touching the Inheritance of the said Richard Earl of Arundel, late imbezelled, may be searched for and restored.

Unto which was answered, the King willeth.

And their noble Predecessors in that Honourable [Page 601] House of Peers, the Lords Spiritual and Temporal in Parliament long before that, videlicet, in the fifth year of the Raign of King Edward the Third, made no scru­ple or moat point or question in Law, whether the power of pardoning was valid and solely in the King after an Impeachment of the Lords in Parliament, when in the Case of Edmond Mortimer, the Son of Roger Mortimer Earl of March, a Peer of great Nobility and Estate, the Prelats, Counts, Barons, & autres gentz du Parlement, did in full Parliament, as the Record it self will evidence, Petition the King to restore the said Edmond Mortimer to his Blood and Estate, which were to remain unto him after the death of his said Father, to whom it was an­swered Rot. Parl. 5 E. 3. n. 17. by the King in these words; Et sur ce nostre Seigneur le Roi charge a les ditz Prelats, Countes & Ba­rons en leur foies & ligeance queux ils lui devoient & de puis ce que le Piere nostre Seigneur le Roi que ore est estoit murdre per le dit Counte de la Marche & person procure­ment a ce quil avoit mesmes comdevant sa mort que eux eant regarda le Roi en tiel cas lui consilassent ce quil devoit faire de reson audit Esmon filz le dit Counte les queux Pre­lats, Countes, Barons & autres avys & trete entre eux respondirent a nostre Seigneur le Roi de Common assent que en regard a fi horrible fait comme de murdre de terre & leur Seigneur lige quen faist unques ne avoient devant en leur temps ne nes devant venir en le eyde de dieu quils ne scavoi­ent uncore Juger ne conseiller ceque seroit affaire en tiel cas. Et sur ce prierent a nostre Seigneur le Roi quils poierent ent aver avisement tanque au proche in Parlement la quelle priere le Roi ottroia & sur ce prierent outre que nostre Siegneur le Roi feist au dit Esmon sa bone grace a quoi il respond quil lui voloit faire mes cella grace vendroit de lui mesmes.

Sir Thomas de Berkeley (who Sir William Dugdale in Rot. Parl. 4. E. 3. n. 16. his Book of the Baronage of England, found and be­lieves to have been a Baron) being called to account by the King, for the murder of his Father King Ed­ward the Second, to whose custody at his Castle of Barkeley, he was committed, not claiming his Peerage, but pleading that he was at the same time sick almost to death at Bradely, some miles distant, and had com­mitted the custody and care of the King unto Thomas de Gourney & William de Ocle ad eum salvo custodiendi, and was not guilty of the murder of the King or any ways [Page 100] assenting thereunto Et de illo posuit se super Patriam, had a Jury of twelve Knights sworn and impannelled in Par­liament who acquitted him thereof, but finding that he had committed the custody of the King to the aforesaid Thomas de Gournay & William de Ocle, and that the King extitit murderatus, a further day was given to the said Sir Thomas de Berkeley de audiendo Judicio suo in prox. Par­liamento, and he was in the interim committed to the custody of Ralph de Nevil Steward of the Kings Hous­hold.

At which next Parliament Prierent les Prelatz, Countes Rot Parl. 5. E. 3. & Barons a nostre Seigneur le Roi on the behalf of the said Sir Thomas de Berkeley, that he would free him of his Baylor Mainprize, whereupon the King charging the said Prelats, Counts and Barons to give him their advice therein: Le quel priere fust ottroia & puis granta nostre Seigneur le Roi de rechef a leur requeste que le dit Mons'r Thomas & ses Mainpernors fusseient delivres & discharges de lure mainprise & si estoit Jour donne a dit Thomas de estre en prochein Parlement, which proved to be a clear Dismission, for no more afterwards appeareth of that matter.

Neither after a fierce Impeachment in the said Par­liament of 21 R. 2. against Thomas Arundel Archbishop of Canterbury and Chancellor of England, of High Trea­son, upon which he was by that injured Prince condemn­ed and banished, when as the Record saith, Les dits Countz prierent au Roi ordenir tiel Jugement vers le dit Ercevesque come le cas demande & le Roi sur ceo Recorda en le dit Parlement que le dit Ercevesque avoit este devant lui en presence de certeines Seigneurs & confessor que en la use de la dite Commission il sey mesprise & lui mist en la grace du Roi surquoi, the Judgment was given against the said Archbishop, that he should be banished and forfeit all his Lands, Goods and Estate, when in the first year of the Raign of the usurping King H. 4. that Archbishop not tarrying long in Exile, the minds of the Commons be­came so setled on the prevailing side, that there was so small or no opposition made by them against him, as the Duke of York and Earl of Northumberland, and others of the Blood of the said Archbishop of Canterbury did in Par­liament pray the King that the said Archbishop might have his recovery against Roger Walden, for sundry Wasts and [Page 603] Spoils done by him in the Lands of the said Archbishoprick, which the King granted, and thanked them for their mo­tion.

The Bishop of Exeter Chancellor of England at the Rot. parl. at. R. 2. assembling of the Parliament, taking his Text out of the Prophecy of Ezekiel, Rexerit unus omnibus, alledg­ing the power that ought to be in Soveraign Kings and Princes whereby to govern, and the Obedience in Sub­jects to obey, and that all alienations of his Kingly Privi­ledges and Prerogatives were reassumable and to be Re­pealed by his Coronation-Oath, Pour quoi le Roi ad fut as­sembler le Estatz de Parlement a cest faire pour estre enformer si ascun droitz de sa Corone soient sustretz ou amemuser a sin que par leur bon advis & discretion tiel remedie puisse estre mis que le Roi puisse esteer en sa libertie ou poir Comme ses Progenitors ont este devant lui & duissent de droit non ob­stante ascun ordinance au contraire & ainsi le Roi as Tener, Et les governera, whereupon the Commons made their Protestation, and prayed the King that it might be In­rolled, that it was not their intente ou volunte to Im­peach or Accuse any Person in that Parliament sans congie du Roi, And thereupon the Chancellor, by the Kings command, likewise declared, That Nostre Seigneur le Roi considerant coment plusieurs hautes offenses & mesfaits ont estre faitz par le People de son Roialme en contre leur ligeance & l' Estat nostre Seigneur le Roi & la loie de la terre devant ces heures dont son People estiet en grant perill & danger de leie & leur corps & biens & voullant sur ce de sa royalle benignite monstre & fair grace a son dit People a fyn quilz ayent le greindre corage & volonte de bien faire & de leure mieux porter devors le Roi entemps avenir si voet & grante de faire & ease & quiete & salvation de son dit People une generalle Pardon a ces liges forspries certaines pointz limitez par le samant la suite al partie forspris cyn quont persones queux plaira au Roi nomer & tour ceux qui serront Empeach­er en ce present Parlement & dit austre que le dit Roi voet que plein droit & Justice soyent faitz a Chascun de ses liges qui en voilent complandre en cest Parlement & ad ordiner & assigner Receivers & Triers des Petitions en cest Parle­ment.

And did in pusuance thereof in full Parliament ex­cuse, the Duke of York the Bishop of Worchester, Sir Richard le Scroop then living, William late Archbishop [Page 104] of Canterbury, Alexander late Archbishop of York, Thomas late Bishop of Exeter, and Michael late Abbot of Walton then being dead, of the Execution and intent of the Commission made in the Tenth year of his Raign, as being assured of their Loyalty, and therefore by Parliament re­stored them to their good Name.

And it is more than a little probable that the Prelates, Counts and Barons in that Honourable House of Peers in Parliament, did well understand that the King was a fit, and the only person to Petition unto for that Pardon, Discharge or Dismission amounting to a Pardon, and did not think it to be either legal or rational to Petition the People and their fellow Subjects, upon a supposed incredible and invisible Soveraignty, no man knows when or how radicated and inherent in them.

The Decree of the great Ahashuerus that Raigned Esther, ca. 1, 3, 5, 8. from India to Ethiopia over one hundred twenty seven Provinces, whose Laws were holden to be irrevocable, was reversed for the preservation of the Jewish Nation upon the Petition of Queen Esther, and his holding out his Golden Scepter unto her.

The Inquiet People of Athens now come enough un­der a Mahometan Slavery, would not again wish for Draco's bloody repealed Laws, without the mercy of a Prince to moderate them according to the Rules of a pru­dent and discerning mercy.

Which made the Goodness and Wisdom of Solomon, so extraordinarily eminent in his determination in 1 Reg. 3. the Case betwixt the two Mothers claiming one Child.

Neither can a People ever be, or so much as think themselves to be in any condition of happiness when their Laws shall be inflexible and hard hearted, and there shall be no Superior Power to allay the rigidness or seve­rity of them.

No Cities of Refuge or Asylums to fly unto, upon oc­casion of Misfortunes, which God himself ordained for his Chosen People of Israel.

And therefore when Juries may erre or play the Knaves, be Corrupt, Malicious or Perjured, and Judges mistaken, our Judges have in their doubtings stayed the Execution until they could attend the King for his deter­mination.

[Page 105] Whereupon his Pardons did not seldom ensue, or a long Lease for Life was granted to the penitent Offender, it being not amiss said by our old Bracton, That Tutius Bracton. est reddere rationem misericordiae quam Judicii, the Saxons in doubtful Cases appealed to God for discovery, by Kemp or Camp, Fight, Fire or Water Ordeal, which being now abolished and out of use, requires a greater necessity of the right use of pardoning; for Sir Edward Coke saith, Lex Angliae est Lex misericordiae, like the Laws of Scrip­ture Cokes Instit. 2. 315. wherein Mercy is not, opposite unto Justice but a part of it, as 1 John 19. Psalm 71. 2. Jer. 18. 7, 8, 9, 10. Ezek. 33. 13, 14. and it hath not been ill said that Ju­stitia semper mitiorem sequitur partem, for it is known that a Judge since his Majesties happy Restoration, who, were he now living, would wish he had made a greater pause than he did in a Case near Brodway-Hills, in the County of Worcester or Glocester, where a Mother and a Son were, upon a seeming full evidence, Hanged for the Murther of a Father, who afterwards when it was too late, appeared to be living.

And Posterity by the remembrance of Matters and Transactions in Times past, may bewail the Fate of some Ministers of State, who have been ruined by being ex­posed to the Fury of the People, (who did not know how or for what they did accuse them) and left to the never to be found Piety or Wisdom of a Giddy, In­censed and Inconsiderate accusing Multitude, and Hurrying on the reasonless or little Wit of one ano­ther.

And consider how necessary it had been for the pious good Duke of Somerset, in the Raign of King Edward the Sixth to have had his Pardon, when at his Tryal nei­ther his Judges, nor the prevalency of the faction that would have rather his Room than his Company, nor himself could remember to put him in mind to demand the benefit of his Clergy.

Or how far it would have gone towards the preven­tion of that ever to be wailed National Blood-shedding miseries and devastations, which followed the Murthers of the Earl of Strafford, and Archbishop Land, if their In­no cencies had but demanded and made use of his late Majesties Pardon.

Or what reason can be found why a Pardon after [Page 606] an Impeachment of a particular Person by an House of Commons in Parliament, or an House of Peers joyning or consenting therewith, should not be as valid and effectual in Law, Reason and good Conscience.

As the very many General Pardons and Acts of Ob­livion, which have been granted by our Kings and Prin­ces to their People for Extortions of Sheriffs, Bayliffs, &c. together with many other Misdemeanours, Grievan­ces and Offences, often complained of in many of our Parliaments, as the Records thereof will witness, whereby they have acquitted and given away as much of their own just Rights and Regal Revenues to their Subjects, then the Aids and Subsidies, which they have Contribut­ed towards their Preservation, and in theirs their own, and have been more especially by our late Soveraign, who may be truly stiled le deboniere and to have been

Piger ad paenas ad praemia velox.

And whilst we sit by the Waters of Babylon, and sadly bewail the loss and casting away of our Tenures in Capite the Chariots and Horsmen, and the glory and strength of our Israel, for a miscalled Recompence by an Excise before our Presbyterian, and Common Ill rather than Com­monwealth Rebels had to maintain their wicked designs, introduced that Dutch Devil called the Excise upon our half boiled, and half malted Ale and Beer, making our drink to be as the Waters of Marah, and in the opinion of our Doctors of Physick, an Especial Friend to our now much complained of seldom heard of before that Tenenda non Tollenda per Fabian Phi­lipps. wicked Rebellion, the Scurvy and one of the most grievous and general Burdens, that could be laid upon the Com­mon sort of labouring poor people, and those Tenures in Capite were so Essential and high a part of our Mo­narchick Miscalled Re­compence per eundem. Government, as all the Judges of England did in the Raign of King James the First agree and certify that they were so inseparable from the Crown of England, as they could not be altered or taken from it by an Act of Ligeancia Lu­gens pereundem. Parliament, and that learned and pacifique Prince hav­ing been much tempted thereunto in his great want of Money, by an offer of 200000 l. per annum, which was more than the whole profits of the Excise upon Ale, Beer, Cider, Coffee, &c. All the Salaries, Cheats, Charges and [Page 607] Allowances, Filchings, Lurches and False Accompis de­ducted, could or did amount unto, that kind of Revenue being since his late Majesties death to be no more than a moyety thereof; And these Tenures in Capite were so inherent in the Crown of England, as divers of the learned Judges of England in their Arguments in the Exchequer-Chamber in the Raign of King Charles the Martyr made no Scruple to assert that the Tenures in Capite were of so high a nature, that they could not be taken away by any Act of Parliament.

And to take away from our Kings and Princes, the love and honour of the people, as well as they had done the Tenures in Capite, the Nerves and Sinews of our Monar­chick Government, it was the especial work and design of those Enemies of our former happiness to take away also the Honour of his Crown and Hospitality, and could not think they had done all their work until they had thrown the Pourveyance into the bargain of the Tenures in Capite, which nothing but the value of the Kingdom it self could make an Equivalent recompence or purchase, and the unhappy contrivers thereof might have put a better value upon it, when in Michaelmas Term in the third year of the Raign of King James the first, all the Judges of England did certify that it was a Mr. Francis Moores Re­ports, Rich­ards Case. 764. Praerogative of the King at the Common Law, and that all the Statutes which have been made to correct abuses in the Purveyances took not away the Purveyances, but confirm­ed them. Et qui tollit Iniquitatem firmat proprietatem & con­firmat usum.

And all those mischiefs done by one that unhappily might have taken more heed of an Assembly, which some flatteringly called the Collected Wisdom of the Nation, when he could not well esteem them so to be, when by Fudling, Drinking, Bribing, and all the base Cheats imaginable they had procured themselves to be made Members of that much miscalled Par­liament. And yet after his late Majesties miraculous re­storation being advanced unto great preferments, and at the last a Grand Minister of State, did so think well of his own doings, as he publickly at the Table of Sir Har­bottle Grimston Master of the Rolls in Chancery-Lane in the hearing of many worthy persons, Sir Nicholas Strode, John Hern Esquire, and others, one of them yet living [Page 608] ready to testify it, what a most especial Service he had done for the King and Kingdom when he was a Member in Parliament, and known to be the Kings Sol­licitor General by a motion without any the Kings privity or direction to dissolve and destroy the Tenures in Capite, and accept a Recompence for them, which Serjeant Glyn a former Grand Rebel to his Majesty, and after his Re­stauration crept in as the most of them did, and got to be Members of Parliament, was ready to assist by the offer of a Recompence by an Excise upon Ale, Beer, Sider, and Coffee, a Limb of that Dutch Devil which they had made use of in their Rebellion and time of his late Ma­jesties, and now Majesties persecution. At which the Company standing amazed, and Sir Nicholas Strode said, that he should never have fought for the late blessed Mar­tyr, or come to his setting up his Standard at Nottingham if he could have foreseen it, the most of the Nation at that time, and almost ever since, verily believing that it had been the folly and evil doing of Sir Edward Hyde the late Lord Chancellor, afterwards Earl of Clarendon, and therefore was sufficiently railed upon, Cursed and Banned for it, and yet he was so Faultless and Innocent therein, as it can be witnessed by the now Earl of Cla­rendon his Son Lord Lieutenant of Ireland and Lord pri­vy Seal in the Kingdom of England, that this overbold & presumptuous motion of a Servant and Councel at Law of that unfortunate weather-beaten Prince, not being at all informed how or by whom the project came to be first hatched or moved, his late Majesty calling together his privy Councel, and advising upon that most un­happy proposition, wherein the Rebel Parliament in February 1647. had made some Vote, Act or Ordinance against the aforesaid Tenures under the notion of the Court of Wards, being but two years before his Royal Fathers Murther, and Oliver Cromwel had made some Act of his Worships miscalled Parliament some few years after, as it behoved for the destruction of those Tenures in Capite, when he intended as much as he could to take away the Kingship and Monarchy, until he could make himself fit to govern a foolish, besotted, rebellious people, they having before not at all made any mention or re­quest to have the said Court of Wards put down, or the Tenures in Capite by their High and mighty 19 Pro­positions, [Page 609] nor were any complaints of grievances made thereby, nor in all our Parliament Records or Jour­nals or Historians since or before the Raigns of King Ed­ward the Confessor, and William the Conqueror, doth there appear to have been any Petitions in Parliament against them, neither in that as it were intended deposing Re­monstrance of the 15th of December 1641. wherein no­thing was omitted that might injure or calumniate per fas aut nefas the Kings Authority or Government, there appears to have been nothing against either the Tenures in Capite or Court of Wards. And it can be proved that the Royal Martyr during his imprisonment in the Isle of Wight, had designed that if ever he came again to his Rights, he would upon all his Crown or Chequer Leases reserve some military Services, notwithstanding all which his late Majesties great want of present Mo­ney, and some setled Revenue, perswaded him to hearken more than otherwise his own great Judgment would have done. The Earl of Radnor was much against their dissolution, alledging that the constitution it self was good, and was not in it self to be cast away by any Male­administration: Sir Geffery Palmer was very much for the preservation of the Tenures, and so were many other, and the Lord Chancellor Clarendon very much, and so greatly, as he called to the said Sollicitor General, and said, will you also put down the Pourveyances? saying with some passion, by God we seem to be against the late Commonwealth, and yet are acting for it.

And his late Majesty was so unwillingly drawn to be in Love with that ever to be deplored Parliament contrivance to decapitate the Monarchy, and not only that, but Ireland, and render all the Inferiour part there­of, to be in a paralitique or dead palsical over-benum­med in its Members, as before that Act passed, he sent for one Mr. Darnel, an ancient and experienced Clerk and Attorney in the Court of Wards and Liveries, to propose some expedient for the Regulation of any thing that had been Acted amiss in that Court, who bringing it unto him in writing, he so much approved thereof, as he took him by the hand, and gave him great thanks, but the fatality of that lamentable at­tempted alteration of our ancient Monarchy, into an Anarchy or Poliarchy, with, by their good will, a [Page 610] nudum nomen of a metamorphosed Monarchy, and that unhappy as aforesaid proposer of it, cannot if he were now amongst the living but remember that after I had Written a Book to Justify the Tenures in Capite enti­tuled Tenenda non Tollenda, dedicated to the Lord Chan­cellor, but delivered it unto him before the Act had passed against them, and not at all imagining that Mr. Solicitor▪ General had been so over-active in destroying them, desired him that he would be a means to procure the military Services to be reserved, was answered, it could not be done, and yet notwithstanding about a year or two after attending him about some other affairs, he was pleased to say unto me, Mr. Philipps, do you ever think to write in the Tenures in Capite again? unto which I answering, no Sir, but I think the Child that is yet un­born may rue it, unto which he replyed, so do I also think, or I am of that opinion, which shews, that though he did it without the Kings knowledge, and as a special Service to be done unto him, did him that great mis­chief he never intended, and was sorry for it after­wards.

But when it was the wisdom of former ages to know what to contend for before they quarrelled, therefore it may be necessary to let the Cavalling party understand that there are multitudes of Priviledges which are not Priviledges of Parliament, but truly and properly are the Priviledges and Properties in their own Estates, and they may be kinder to themselves if they will but take a view of such Priviledges and Properties, as they can call their own.

§ 28.

Of the Protection and Priviledge granted unto the Members of the House of Commons in Parliament by our Sove­raign Kings and Princes, during their Attendance and Employments in their great Councels of Parliament according to the Tenor and Purport of their Commissi­ons.

COuld be granted by none but by our Kings the Original either by grant or permission of all Priviledges and Liberties enjoyed by their Subjects un­der or in order to their Monarchick Regal Government, a view or Prospect whereof well warranted by our Laws Records, and Annals, and from time to time con­temporary Historians, and experimented rules of right reason may serve to settle and rectifie the ill foun­ded and superstructed fancies and opinions rather than Judgments, built thereupon, which like some ignis fatuus, have led many otherwise well meaning people, that heartily hated Rebellion, and Perjuries, into the Bogs, and Snares of those very great and pernicious sins against God, and his Vicegerents their Neighbours and fellow Subjects when their so ever much mistaken pri­viledges of Parliament will appear to be no more but temporary, and of no long duration but from one usu­ally short Parliament to another when they were peti­tioned for before they were granted.

The Finis, end or motives whereof was primarily and principally the Kings important occasions of summon­ing a Parliament, and causing them to come thither, and he only was the Efficient cause, or causa sine qua non, there­of to protect and keep them from disturbances, whilst they were busy and employed in his service, either in their coming, tarrying or returning.

And therefore the Members of the House of Com­mons, were so sensible and willing to have those pri­viledges to be granted unto them, as might be neces­sary for the affairs wherewith he had intrusted them, as they not dceming any other to be requisite or belong­ing unto them.

[Page 612] And not thinking any more or other Priviledges to be requisite for the publick good, were by the Kings License for better Orderand methods sake, to Elect one of their Members to be their Speaker, and present him unto the King, who very seldom refused him, notwithstanding his usual disabling himself by modest excuses after whose allowance he did in the presence of many of his fellow Members make it his and the House of Commons special request at that time before, and ever since believed to be pertinent and necessary the pri­viledge of freedom of Access to his Majestys person, and freedom from Arrest and Imprisonment for them­selves; and their moenial Servants whilst they according to their duties attended his commands in veniendo, morando, & redeundo, and a third for himself since the miscarri­age of an over-busy Speaker in the Raign of King Henry the fourth to be pardoned for his ignorance in case he should speak any thing ignorantly to the displeasure of his Majesty, which ought to be kept within their proper li­mits and bounds, and not let loose to all or any the Extravagant interpretations of the Roving fancies, either of the Vulgar or Factious, neither making addi­tions thereunto, or Supernumeraries, or as many as they please, by a new Art of mutiplication, Alchymy, or Transmutation, or as if they had purchased th [...] often beggaring and deluding so called Philosophers Stone pro­perly enough so stiled from making their Sectaries to be as poor as Philosophers use to be) by transmating all that it toucheth into it self, or something like it, and rendring the aforesaid two or three priviledges to be 100, or 1000, 10000, or 20000: cum multis aliis, there having been an abundance of various sort of priviledges (not Priviledges of Parliament) as well Civil as Ecclesiastick even to an Ex­cess granted by the Indulgence of our Kings and Princes in the great and various concerns of their particular Af­fairs and Estates as far as the extent of their fancies could carry them, and therein grew to be something con­fident, if they could procure some success to Warrant it, they might in good time by the help of their never­tyring Cavilling Tricks and Endeavours, accomplish as much as ever the Colledge de beaux Esprits at Paris, or the Experiment-mongers of our Gresham Colledge did hope to do by the transmutation of young Blood into [Page 613] Old Bloodless Carcasses which might have done no small mischief to our circulating Doctors of Physick.

And therefore certainly it would be more available, before we hunt our selves out of our Loyalty, Chris­tianity, Religion, Wits and Estates, to enquire into the natural and true meaning of the word Priviledge of Parliament, and Proprieties, and how far it can carry us into those very different Proprieties, and that which we may truly and not fictitiously call our own.

Wherein the Civil Law that universal Method of the reason of the World in the diffinition and true meaning and intent of priviledges concludeth, that privilegium ne­que F. de Admin. Cod. de pre. imposs. stricte neque nimis large interpretari debet ne gravem aliis Jacturam adfert, Quando igitur sine quavis gravamine alterius non possunt concedi Privilegia proximum est ut ces­sant cum nimium laedant.

Et Privilegium est quod contra Communem Civilium ordi­natio tenorem propter aliquam naturalis aequitatis rationem certa constituentium authoritate introductum est unde appa­ret, saith Cicero, quod Privilegium contra Jus naturae vel u­tilitatem Cit. de Legi­bus different. publicam non magis sunt Privilegia quam Tiran­nis.

Privilegia ultra suam propriam naturam non extendi debet, nec ad ea quae neutiquam prima sua origine sunt directa Reinoldus Cu­ricke de privi­legiis, ca. 3, 45. & 46. ca. 4, 52. & 53. aliquin etiam ad incognita contra intentionem dantis ex­tendi possent quod in Jure absurdum est.

Expressa Privilegia a re ex Jure proprio Majestatis & superioritatis proprie privilegiorum concessio non tantum ar­guit superioritatem dantis, & inducit subjectionis speciem in persona impetrantis & quidem.

Ita ut privilegium non subdito concessum Regulariter in contractum transeat, sed & soli Principi summo & qui rega­lem dignitatem & potestatem exercendi Jura principis quoad Subditos suos in suo territorio concessit, competit per L. Vinc. (de his qui a Princip. Vac. accep. lib. 10.)

Privilegia Jus superioritatis stricte & quidem Ita inter­pretari convenit ut semper intelligantur salvo Jure superiori­tatis concessa Privilegii, enim Interpretatio non debet verti contra Autorem; Ita quod per privilegia subditi desinant esse subditi, sed quod tanto magis esse debent subditi cum Privi­legia proprie non nisi subditis dantur, & quis dubitat eum qui Privilegium libertatis accipit leges alterius agnoscere [Page 610] cum privilegium non sit nisi exemptis a Jure Communi L qui singulare F. de L.

And very often confirmed Priviledges that have been incroached or usurped may justly come within the com­pass of that Rule also of the Civil Law much allowed and made use of in our Common Law. Quod ab initio non valet tractu temporis non convalescit. Confirmatio ex certa Scientia quamvis det robur, non tamen extenditur ad id quod in eo non includebatur secundum Bald. sing. in l. 3. in fin C.

Interpretatio privilegiorum, ita siat necesse est nec torquea­tur, R. de Caricke ca privilegiis. sed facto deserviat neque factum variare oportet ut Privi­legio respondeat.

Privilegium debet esse observatum et clarum, Michael Ant. Frances, de veritigati aequivocum nihil operatur p. 564. in privilegiis mens concedentis attenditur cap. 51. n. 223. privilegium transit in contractum ex causa onerosa, fieri dicitur nec revocatur cap. 30. et 294 et 304. p. 570. ex privilegiatis duobus quis sit praeferendis cap 10. p. 193. magis privilegiatus praecellere debet ratione dig­nitatis, privilegium non extendit se ad ea quae de facili con­cedi non solent; qualis est derogatio concilii, cap. 28. n. 327. non datur res quae not sit cap. 28. & 414. & 415. p. 514. concessum ex causa ea cessante revocatur etiam si con­cedens ex alia causa ea concessisset, cap. 28. n. 497. p. 510. Revocatur nova causa superveniente, cap. 28. n. 428. p. 522. Non datur nisi aliquid particular. concedat, cap. 13. n. 26. p. 556. Privilegium & Exemptio laedunt Jus Commune cap. 30. n. 17, p. 554. Privilegium ratione scandali revocatur, cap. 30. n. 299. p. 570.

And there were Priviledges that were more stable, yet no Parliament Priviledges, such as St Pauls Dr. Brady in his History of England, from the first Entry of the Romans until the Raign of King Henry the third, and Lambart L L. Edwardi Con­fessor. 12. was of being a Freeman and Citizen of Rome, bought, as he said, with a great price, and some Coloniae & Mancipiae had the same Laws and Priviledges, which Rome had, the four great High Ways made by the Ro­mans in Brittain, to keep their Souldiers from Idleness, as Watlinstreet, &c. had great Immunities and Priviledges, as to have the persons and goods of such as travailed or dwelt therein freed from Arrest or Distress.

Et privilegia quae utilitati publicae sunt dannosa strictam interpretationem requirunt quia generaliter quicquid contra jus vel utilitatem publicam in quolibet negotio prefertur non [Page 611] valet l Jubeamus 10. C. des s. Ecclesiae 4.

The Decree of the great King Ahashuerus that raigned Esiber cap. 1. 3. 5. 8. from India to Ethiopia over 127 Provinces, his Laws being holden to be irrevocable, were as unto some part of them reversed for the preservation of the Jewish Na­tion upon the petition of Queen Esther, and his holding out his golden Scepter to her.

And the House of Commons themselves did in a Par­liament in the 21 year of the raign of King Richard the Second certainly so understand and believe it, when they recommended to posterity their dutiful protestation to their King and Soveraign, and request to have it specially Inrolled in these words, Item les ditz Comes fierent pro­testation devant le Roi en plein Parlement & ils vurroient monstrer & declarer mesme le Jour en plein Parlement cer­teine matieres & Articles deus queux ils fierent alors aviser & entre eux accorder nient majus il fust & est leur entent & volunte percongie de nostre Seigneur le Roy de accuser & empesther persone ou persones a tantes de foiz come leur sem­bleroit affaire durant le temps de cest present Parlement & prierent au Roy & lui pleiroit accepter leur dite protestation & quil soit entrer en rolle de Parlement de record la quele chose nostre Seigneur le Roi leur ad ottroie & commanda a destre fait, and did think it not to be unbecoming their duty to require license of the King to charge or accuse any person or persons in that tempestuous Parliament nor did beleive that their accusations or impeachments should or ought to be so fatally mortal when in the first year of the Raign of King Henry the 4th, by a patch­ed contrivance of the Parliament in the Raign of King H. 4. the same Commons in Parliament desired that the Judgment given against the said Earl of Arundel, whose Pardon but a little before had been rejected, might be reversed, and a restoration made of all his Lands, Estate and Evidences.

And those their Priviledges being but personal and temporary, and after they were allowed by our Kings a Speaker, which was about the Raign of King R. 2. the House of Commons well knowing who was the only donor of them, never fail'd, at the Change & Allowance of every of their Speakers to give him in charge to Petiti­on in their behalf unto the King for the same, no other Pri­viledges, being necessary for the aforesaid Imployment. [Page 612] Upon the violation of any whereof by any of their fel­low Subjects they did so well understand the extent of those their Temporary Peculiar and Limited Priviledges with the obligations of their Oaths of Allegiance and Su­premacy, and that it neither appertained unto them, nor was or could be in their power to cause or enforce a bet­ter observation thereof, but it was only in the King that granted them, and was to be vouched to warranty, which was in common and ordinary matters very usual in our Laws and reasonable Customs, and therefore to him only as the Grantor and Protector of their Parlia­ment Priviledges and not to themselves the gratitude and acknowledment was only due.

And the House of Commons until this our present un­ruly Age or Century did not adventure to take upon themselves, or endeavour by any pretended Authority of their own to punish any the violators of their aforesaid Priviledges, but supplicated Aid of their Kings and Princes that were the donors and granters of them.

And therefore in the Raign of King Henry the fourth, it was adjudged, that as the Record witnesseth, Videtur Cur. quod non.

For in Anno 8 H. 6. William Lark a Servant of William 8. H. 6. Wild, Burgess of Parliament being arrested upon an Exe­cution during the Parliament, the Commons petitioned the King to give order for his discharge, and that no Lords, Knights, Citizens or Burgesses, nor their Servants coming to the Parliament, may be Arrested during the Parliament, unless it be for Treason, Felony or Breach of Elsings anun­cient and modern man­ner of hold­ing Parlia­ments in Erg­land. 172. the Peace.

The King granted the first part of the Petition, Et quant al residue le Rei sa avisera.

The Commons prayed, that Edmond Duke of Somerset, 39 H. 6. Alice Poole, the late Wife of William Poole, Duke of Suf­folk, William Bishop of Chester, Sir John Sutton, Lord Dudley, the Lord Hastings, James de la Barre, one of the Kings Secretaries, and 20, or 22 Knights and Esquires, particularly named, amongst which was Thomas Kemp Clerk of the House of Commons (which the Commons themselves and their own Clerk had not them found to be either a Liberty or Priviledge of their own to punish) might be banished from the King during their Lives, and not to come within twelve Miles of the Court, for that the People do speak evil of them.

[Page 613] To which the King answered, He is of his own meer motion contented that all shall depart, unless only the Lords, and a few of them whom he may not spare from his presence, and they shall continue for one year to see if any can duly impeach them.

In Anno 31 H. 6. The Commons made a Request to 31 H. 6. Ro. Parl. the King and Lords, that Thomas Thorp their Speaker and Walter Roil a member of their house who were in Prison, might be set at liberty according to their Pri­viledges.

The next day after the Duke of York (who was then a Rival for a long time, but after a publick Competitor for the Crown and President of the Parliament) came before the Lords (not the Commons) and shewed that in the vacation (of the Parliament) he had recovered da­mage against the said Thomas Thorp in an action of trespass by Verdict in the Exchequer for carrying away the goods of the said Duke out of Durham House, for the which he remained in Execution, and prayed that he might con­tinue therein.

Wherein the Councel of the Judges being demanded, Cokes 4th. part Insti­tutes tit. Par­liament. they made Answer, it was not their part to Judge of the Parliament which was Judge of the Law (wherein surely they might rather have said what they should have most certainly have believed then as Sir Edward Coke did long after that the King was principium, caput & finis Parliamenti) and only said that a general Supersedeas of Parliament there was but a special supersedeas in which case of special supersedeas every Member of the Com­mons House ought to enjoy the same unless in cases of Treason, Felony, Surety, of the Peace, or for a condem­nation before the Parliament.

After which the Lords determined that the said Thomas Thorp should remain in execution, and sent cer­tain of themselves to the Commons (who then had so little power to free themselves from Arrests and impri­sonment, as they could not deliver their own Speaker out of Prison, but were glad to follow the direction of the King and Lords to chuse and present unto the King another Speaker) the which they did, and shortly after certain of the Commons were sent to the Lords to de­clare that they had in the place of the said Thomas Thorp chosen for their Speaker Thomas Charleton Esquire.

[Page 614] Walter Clark a Burgess of Chippenham in the County 39 H. 6. n. 9. of Wilts being committed to the Prison of the Fleet for divers condemnations as well to the King as to others, was discharged and set at Liberty at the Petition of the Commons to the King and Lords without Bail or Main­prise.

At the Petition of the Commons William Hill, a Bur­gess 12 E. 4. n. 55. of Chippenham aforesaid being in Execution in the Kings-Bench was delivered by a Writ of the Chancery sav­ing the Plaintiffs right to have Execution after the Par­liament ended.

It was enacted by the universal Vote and Judgment 17 E. 4. as well of the Commons as the Lords, that John Atwil a Burgess for Exeter being condemned during the Par­liament in the Exchequer upon 8 several informations at the suit of John Taylor of the same City, shall have as many Supersedeas as he will until his returning home.

King Henry 8. in the case of Trewyniard a Burgess Anno 28. & 29. H. 8. §. 18. of Parliament imprisoned upon an Outlawry after Judg­ment caused him to be delivered by a Writ of Priviledge upon an Action brought against the Executors and a demurrer it was resolved by the Judges to be Legal.

George Ferrers Gent. servant of the King, and a Burgesse 34 H. 8. of Parliament, being arrested in London, as he was going to the Parliament-house by a Writ out of the Court of Kings Bench in execution at the Suit of one White for the sum of 200 markes, being the debt of one Walden, which arrest being signifyed to Sir Tho. Moyle Knight, Speaker of the House of Commons, and to the Knight and Burgesses there, an order was made that the Ser­jeant of the Mace attending the Parliament should go to the Compter and Demand the Prisoner, which the Clerks and Officers refusing, from stout words they fell to blows, whereof ensued a fray not without hurt, so as the said Serjeant was forced to defend himself with his Mace, and had the Crown thereof broken off by bearing off a stroak, and his Servant struck down, which broil drawing thither, the 2 Sheriffs of London who did not heed or value the Serjeants complaint and mis­usage so much as they ought, but took their Officers parts so as the Serjeant returning without the Prisoner, infor­med the Speaker of the House of Commons how rudely they had entertained him who took the same in so ill [Page 615] part, that they all together, some of whom were the Kings privy Councel, as also of the Kings privy Chamber re­solved to sit no longer without their Burgess, but left their own house and went to the House of Peers, and declared by the mouth of their Speaker before Sir Thomas Audley Knight then Lord Chancellor and all the Lords & Judges there assembled, the whole matter (such no Estates they believed themselves to be) who Judging the contempt to be very great, referred the punishment thereof to the order of the House of Commons, who re­turning to their places again, ordered that their Serjeant should go to the Sheriffs of London to demand the delivery of their Burgess without any Writ or War­rant, albeit the Lord Chancellor offered to grant them a Writ, which they refused, as being of opinion that all commandments and orders of their House by their Serjeants only shewing of his Mace (the Ensign of their Soveraigns authority) without a Writ, would be autho­rity sufficient, but before the Serjeant came into London the Sheriffs having intelligence how heinously the mat­ter was taken, better bethought themselves, and delivered the Prisoner, but the Serjeant, according to his command charged the Sheriffs to appear the next morrow in the House of Commons, bringing with them the Clerks of the Compter, and the said White was likewise taken into Custody, whereupon the next morning the said Sheriffs and Clerks, together with the said White, appearing, were compelled to make Answer without Councel, and with the Sheriffs, and the said White were committed to the Tower of London, and the Officers and Clerks to New­gate, where they remained for some days, and were after delivered, not without the humble suit of the Lord Mayor of London, and divers of their friends; But a debate and questions arising in the House of Commons, which lasted 9 or 10 days together, how to preserve the debt of the Creditor whilst they enjoyed the priviledge of Parliament by delivering Mr. Ferrers out of prison upon an execution, and some being of opinion that it was to be salved only by an Act of Parliament, and not well agreeing also thereupon the King being advertised thereof, summoned to appear before him the Lord Chancellor, and the Judges and the Speaker of the House of Commons, and other the gravest persons of that [Page 616] House who after his Judicious arguments concerning the extent and warrantableness of the priviledge of Par­liament, and his own more especially in the granting thereof touching the freedom from Arrests (which all the Judges assented unto, none speaking against it) commended notwithstanding the intention of his Houses of Parliament to have an Act to preserve the Creditors Comptons Ju­risdiction of Courts Tit. Parliament. debt, who he said deserved to have lost it, the Act of Parliament was consented unto by the Commons, but passed not the House of Lords by reason of the sudden dissolution of the Parliament.

Upon the report made by Mr. Attorney of the Dutchy of Lancaster Chairman or principal of the Committee of 8 Eliz. in the Journal of the House of Commons. Et Elsings Annaent, and modern man­ner of hold­ing Parlia­ments in Eng­land 199, 200, 201. & Pryns Animadver­sions upon Sir Edward Cokes 4th part of the Institutes. the House of Commons for the delivery of Edward Smally a Servant of Mr. Hales a Member of Parliament arrested in Execution, that the said Committees found no President for the setting at large by the Mace (and if they had, it had but denoted the Kings sole Authority for that it was his Mace and his Serjeant at Arms that carried it, and none of their Mace or Serjeant) any person in Ar­rest but only by Writ, and that by divers precedents of Record perused by the said Committee, it appeareth that ever Knight, Citizen and Burgess of the House of Com­mons in Parliament which doth require Priviledge, hath used in that case to take a corporal Oath before the Lord Chancellor or Lord Keeper of the great Seal of Eng­land for the time being, that the party for whom such Writ was prayed was his Servant at the time of the Ar­rest made.

And thereupon Mr. Hall was ordered by the House, that he should repair to the Lord Keeper, and make Oath in form aforesaid, and then to proceed to the tak­ing of a Warrant for a Writ of Priviledge for his said Servant according to the said report, and it so appears by the Journal of the House of Commons, and saith Mr. Elsing, the Writ of Priviledge being so easy to be had, what needed any Petitions to be made by the Commons to the King and the Lords for the same, and as there is no precedent for this in the times of Edward the third, Ri­chard 2d H. 4. nor H. 5. so there are none to the contrary.

There being then no such opinions as have been since indulged and seditiously enough espoused by some [Page 617] that would go so far beyond Truth and Reason as to be­lieve that the Members of the House of Commons that are or shall be, have a Charter of Ordination, or which is more, of a never to be prov'd Commission from an un­intelligible power of Soveraignty of the People.

And a man might wonder himself almost into an Ex­tasy or Inanition how or by what magical or strange artifice Sir Edward Coke in the latter end of his Age and Treasury of Law and good Learning, if he had ever Stu­died and read as he ought to have done the Feudal Laws, which were our Fundamental Laws, and the Original of our once (and I hope may be again) hap­py government, and might before he came to be over­credulously infected with the Impostures of the modus tenendi Parliamenta, and mirrour of Justice, have well un­derstood that they were no other than those which are and long have been the Laws of the Britains, Saxons, Germany, France, and Spain, the Goths, Vandals, and Lon­gobards, Denmark, Norway, Sweden, Hungary, Bohemia, Holland, and West Freizland, Gelderland, Savoy, Transil­vania, Silesia, Moldavia, Walachia, Navarre, Catalonia, and the Republicks of Geneva and Genoa, Kingdoms of Naples and Sicily, Dutchies of Lorrain, Millian, and Flo­rence, with some little small diversities, and that all our multitudes of allowed Customs, Usages and Priviledges by the Indulgence of our Kings and Princes, and their Laws, have had no other Fountain or Original, and should confess that our Magna Charta, and Carta de Fo­resta which were not only some Relaxations, Liberties and Priviledges granted and allowed by our King Henry the third, but were expressly granted to be holden of that King his Heirs and Successors in Capite, and that both they and all our Acts and Ordinances made them to be no other than as their Patroni or foundation; and that our Colloquia generalia or Magna Concilia, or Curia, as Bro­don Brodon de Le­gibus & Con­suetudinibus Angliae. stiles them now, or for many Ages past called Par­liaments, and even those beneficia and Laws were not unknown to the Brittains in the time of their valarous and great King Arthur, and could tell how when he was a Member of Parliament in the third year of the Raign of King Charles the Martyr, and one of the most eminent and busy, to Name and Stile the Petition of the Lords Spiritual and Temporal, and Commons [Page 618] in Parliament Assembled, their Petition of Right, when that which they would there claim to be their Rights and Liberties, had no Right, Reason, Law, President, true History or Record to back or assert what they de­sired the King to give his Royal assent or Fiat unto, and was no more the Rights of the People truly understood than to desire a Liberty to pull down the House or Go­vernment upon their own heads, carve out their own destruction, and entail it, or as little Children left alone in an House with a great fire without any wiser Body to regulate or take care of their Actions, would deem it to be a brave Sport and Liberty to play with the Fire, until they had set the whole House on fire, and burnt themselves into the bargain; and if after he had by his practice and study of the Common Law, which was nothing but our Feudal Laws, too much for­gotten or unknown unto those that would be called our Common Lawyers, and gaining 10000 l. per Annum, Lands of Inheritance, made his boast that he had de­stroyed the so fixed and established Deeds of Entail, and the Wills and Intent of the Donors, as nothing of Col­lusion, Figments, or other Devices, should prejudice, and no Gentleman or Lover of Honour, Gentry or Families, would ever have had an hand in such a destruction, Le­velling, Clowning, Citizening, and Ungentleman­ning all, or too many of the Ancient Families of Eng­land; 34 E. 1. cap. 1. And if he could have lived to have seen or felt the tossing, plundering, and washing in Blood three great and flourishing Kingdoms, would have wept bitterly and lamented, or with Job, have cursed the hour or time of his birth, that he should ever have given the occasion or been Instrumental in the promoting or be­ing a Contributor unto those very many dire Con­fusions and Disasters that after happened; for if he had well read and weighed the History and Records both before, & shortly after the gaining of that Act of Parlia­ment de Tallagio non concedendo, without the consent of the Lords Spiritual and Temporal, and Commons in Par­liament Assembled, and how much that great and pru­dent Prince King Edward the first, was pressed and pinch­ed, when his important affairs caused his sudden trans­frecation by the overpowering party of three of his greatest Nobility, viz. Bohun Earl of Hereford and Essex [Page 619] Constable of England, Clare Earl of Gloucester and Hert­ford, and Bigod Earl of Norfolk Earl Marshal of England, all whom and their Ancestors had been advanced to those their Grandeurs by him, and his Royal Progenitors had so catched an advantage upon him, and were so mer­ciless in their demands, as they not only would not allow him a saving of his Jure Regis, very usual and necessary, in many of our Kings and Princes grants as well in the time of Parliaments as without, but enforced an Oath upon him, which he took so unkindly, as he was con­strained shortly after to procure the Pope to absolve him of, for that it had been by a force put upon him, (which a Protestant Pope might have had a Warrant from God Almighty so to have done, but did after his return into England so remember their ill usage of him, as he seized their three grand Estates, and made the two former so well to be contented with the regaining of his favour, as Bohun married the one of his Daughters, and Clare the other without any portions with an Entail of their Lands upon the Heirs of the Bodies of their Wives the Remainder to the Crown, laid so great [...] Fine and Ransom upon Bigod, the Earl Marshal, as he being never able to pay it, afterwards forfeited and lost all his great Estate, and be all of them so well satisfied with his do­ings therein, as they were in the 34th year of his Raign glad to obtain his Pardon, with a Remissimus omnem Ran­corem; Cap. 5. And they and Sir Edward Coke might have be­lieved that that very prudent Prince might with great reason and truth have believed his Regality safe enough without a Salvo Jure Regis, when the Law and Govern­ment it self, and the Good and Interest of every Man, his Estate and Posterity was, and would be always espe­cially concerned in the necessity, aid and preservation of the King their common Parent, appointed by God to be the Protector of them.

And our singularly learned Bracton hath not inform­ed us amiss, when he concluded, that Rex facit Legem in the first place, & Lex facit Regem in the second, giveth him Authority and Power to guard that Regality which God hath given him for the protection of the People committed to his charge, who are not to govern their King, but to be governed by him, and should certainly have the means to effect it, for how should he have [Page 620] power to do it, or procure his People to have a Com­merce or Trade with their Neighbour People or Prin­ces, if he as their King had not any, or a just Supe­riority over them, &c. and must not for all that have and enjoy those Duties, Rights and Customs, which not on­ly all our Kings Royal Progenitors, but their Neigh­bour Princes, and even Bastard and self-making Re­publiques have quietly and peaceably enjoyed, without the Aid and Assistance of any the Suffrage of the giddy Rabble, and vulgar sort of the People controuling in their unfixt and instable Opinions, those of the Lords Spiritual and Temporal, and the wiser and more con­cerned part of the People, of which, and the Rights and Customs due and payable to our Kings and Princes. Sir John Davies a learned Lawyer in the Raign of our King James the first hath given us a learned, full and judicious Account which well understood, might adjudge that Petition of Right to deserve no better an entertainment than the Statute of Gloucester made in 15 E. 3. which by Sir John Da­vies concern­ing the Kings Customs, and the Statute de Tallagio non concedendo. the Opinion of the Judges and Lords Spiritual and Tem­poral was against the Kings Praerogative, and contrary to the Laws and Customs of the Realm of England, and ought not to have the force and strength of a Statute; and Sir Edward Coke might have remembred that in the Raign of King Edward the Third, the Commons of England did in Parliament complain that Franchises had for time past been so largely granted by the King, that almost all the Land was enfranchised to the great arrei­risment Rot. Parl. 21 E. 3. & estenisement of the Common Law (which they might have called the Feudal Law) and to the great op­pression of the People, and prayed the King to restrain such Grants hereafter, unto which was answered, The Lords will take order that such Franchises as shall be granted shall be by good Advice.

And that if by any Statute made in the 25th year of the Raign of King Edward 3. it was ordained that no man should be compelled to make any Loan to the King against his will, because such Laws were against Rea­son, Eginard en la vie de Char­lemaigne. and the Franchise of the Land, that Statute when it shall be found, will clearly also appear to be against our Ancient Monarchick Government Fundamentally grounded upon our Feudal Laws, that our Magna Charta & Charta de Foresta, are only some [Page 621] Indulgence and Qualification of some hardship or Ri­gour of them, that the Excommunication adjudged to be by the Statute of 25 E. 1. ca. 4. And the aforesaid 25 E. 1 ca. 4. dire Anathema's, and Curse pronounced in that Proces­sion through Westminster-Hall, to the Abbey Church of Westminster, against the Infringers of those our Grand Charters are justly and truly to be charged upon the Violaters and Abusers of our Feudal Laws and Ancient Form of Government, who ought better to assert them, and that the Coronation-Oaths of all our many Kings and Princes, swearing to maintain the Laws of King Edward the Confessor, which have for those many Ages past so highly satisfied and contented the Common Peo­ple, and good Subjects of England, do enjoin no other than our Kings and Princes strict observation of the Feudal Laws, and their Subjects Obedience unto him and them, by their Oaths of Allegiance and Supremacy, and his and their Protection of them in the performance thereof, and from no other Laws or Customs, than the Feudal Laws have our Parliaments themselves deri­ved their original, as Eginard Secretary unto Charles Eginard en la vie de Charle­maine. the Great or Charlemain, who Raigned in the year af­ter our blessed Saviours Incarnation, 768. consisting of Lords Spiritual and Temporal, if not long before had their more fixt beginning.

How then can so grave and learned a Professor of our Laws, and after an eminent Administrator of the Laws and Justice of the Kingdom, so either declare to the World, that he hath not at all been acquainted with our Feudal Laws, but gained a great Estate out of a small, in a Government and Laws he knew no Original thereof, and make many things to be grievances of the People, which are but the Kings Just Rights and Autho­rity, and the Peoples Duty, and their grievances in doing or suffering their Duties to be done as if disobe­dience (which in our Nation hath too often hapned) were a Franchise of the Land, and a Right to be Peti­tioned for by the People.

But howsoever Mr. Will. Pryn being better awake, could be so kind a Friend unto the truth, as to give us notice that the Abridger of the Parl. Records left out much of what he should have mentioned, viz. The Prelates, Dukes, Earls, Barons, Commons, Citizens, Burgesses & Merchants [Page 622] of England, in the Parliament Petitioned the King not only for a Pardon in general, and of Fines and Amercia­ments before the Justices of Peace not yet Levyed in special, but they likewise subjoin a memorable request, saith Mr. Pryn, omitted by the Abridger, that in time to come the said Prelates, Earles, Barons, Commons, Citizens and Burgesses of the Realm of England, may not henceforth be▪ charged, molested nor grieved to make any Common Aid, or sustein any charge, unless it be by Common Assent of the Prelates, Dukes, Lords, and Barons, and other People of the Commons of the Realm of England, as a Benevolence or Aid given to their King in his want of Money, wh [...]h King Henry the 3d. sometimes had, when he went from Aboey to Ab­bey declaring his Necessities, and King Richard the Third that Murthered his Brothers Sons to Usurp the 1 R. 3. ca. 2. Crown, flattered the People they should no more be troubled with, when it was never [...]ked before the Raign of King Henry 3d or [...], by any of our Kings or Princes, until the urgent Necessities of our blessed Martyr, for the preservation of his People caused him once to do it.

Or such as the imprisoning of some few wealthy Men as obstinately refused to lend him [...]e and small Sums of Money, because they would force him to call such a Reforming and Ruining Parliament, as that which not long before hapned in Anno 1641.

Or such as their heavily complained of Charges levied upon the People by the Lord Lieutenants or Deputy Li­eutenants in some seldom Musters or Military Affairs, which a small acquaintance with our Feudal Laws might have persuaded the Gentlemen of the misnamed Petition of Right, to have been lawful, or that some imprisoned were not delivered upon Writs of Habeas Corpus, when there were other just Causes to detain them, at least for some small time of Advice; And if they will adventure to be tryed by Magna Charta, will be no great gainers by it, for Magna Charta well examined notwithstanding the dis­solution of the Tenures in Capite, is yet (God be thanked) holden in Capite, and loudly proclaims our Feudal Laws to be both the King and the Peoples Rights, and dis­dains to furnish any contrivances against their Kings, who were the only free givers and granters thereof.

[Page 623] And the Statute of 28 E, 3. And all or the most of our Acts of Parliament, do and may ever declare the usefulness of our Feudal Laws, and that Reverend great Judge might have spared the complaints of Free-quar­tering of Land-Soldiers and Marriners, or of punishing Offenders by Martial Law, and will hardly find any to commend him or any Lawyer for their proficiency in their amassing together so many needless complaints.

And that in full Parliament, The King then lying sick at Sheene, whereof he died (and divers of the Lords and Commons in Parliament coming unto him with Petitions to know his pleasure, and what he would have done therein) nor no Imposition put upon the Woolls, Woolfels and Leather (having as they might think, as great an opportunity and advantage as the three great Barons, Bobun, Clare and Bigod had when they forced the Statute aforesaid de Tallagio non conce­dendo upon King Edward the first, and would not suf­fer him to insert his Salvo Jure Regis) or any the An­naent Custom of Wooll half a Mark, and of three hundred Woolfels half a Mark, and of one Last of Skins one Mark of Custom only, according to the Statute made in the 14th year of his Raign, saving unto the King the Subsidy granted unto him the last Parliament for a certain time, and not yet Levied.

Unto which the King gave answer, That as to that, that no Charge be laid upon the People without com­mon Assent. The King is not at all willing to do it with­out great necessity, and for the defence of the Realm, and where he may do it with Reason.

For otherwise all Monarchies may be made Elective, and the Will, and great Example and Approbation of God disappointed, where the Subjects and People will not be so careful of their own preservation, as to help their King, when his and their Enemy hath invaded the Kingdom, and the People may as often as they please change or depose their Kings, when they shall resolve to stand still, and not help to aid him as the cursed and bitterly cursed Moroz did, and be as wise to their own destruction as the Citizens of London were in the late ge­neral Conflagration of their City, or a foolish fear of breaking Magna Charta, which could never be proved to have been any cause of it, they would to save and keep [Page 624] unpulled down or blown up ten houses, and save some of their goods, leave that raging and merciless Fire to burn twenty thousand houses in their City and Suburbs.

And it was no bad Answer also, that that great and victorious King Edward the third (as sick as he was) made likewise unto that other part of their Petition, that Impositions be not laid upon their Woolls without As­sent of the Prelates, Dukes, Earls, Barons, and other Peo­ple of the Commons of his Realm, That there was a Statute already made which he wills that it shall stand in its force.

Wherein if they could by Fraud and Hypocritical Flatteries have entituled themselves and their Facti­on-Mongers, and perswade them to make them the only managers thereof, they will never be able to pro­cure the so often deluded part of the people to believe they would deal any otherwise with them than they have done before, that is, when they gave them Stones instead of Bread, and Scorpions instead of Fishes.

Which Petition of Right, so called, being read unto the King the second day of June 1626. 3 Car. p [...]i. his Answer thereunto was, the King willeth that Right be done according to the Laws and Customs of this Realm, and that the Statutes be put in due Execution, that his Subjects may have no cause to complain of any wrong or oppression contrary to their Just Rights and Liberties, to the performance whereof he holds himself as well obliged as of his Praerogative, which not giving satisfaction, he was again petitioned for a Fuller. Whereupon he came in person and made a second Answer, that the Answer which he had already given them upon a great deliberation appeared in the Judgement of so many wise men, that he could not have imagined but that it should have given them full satisfaction, but to avoid all ambiguous Interpretations, and to shew them that there was no doubleness in his meaning, and that he was willing to satisfy them in words as well as substance, bad them read their Petition and they should have an Answer he was sure would please them.

Which being read by the Clerk of the Crown, the Clerk of the Parliament read the Kings Answer, which was to this effect, that he was sure was full, yet no [...] more than what he had granted in his first Answer, for the meaning of that was to confirm all their Liberties, knowing according to [Page 625] their own protestation, that they neither mean nor can hurt his Praerogative. And he assured them, that his maxim was, that the Peoples Liberties strengthen the Kings Prae­rogative, and that the Kings Praerogative is to defend the Peoples Liberties; they might see how ready he had shewed himself to satisfie their demands, so as he hath done his part, and therefore if that Parliament hath not a happy Conclusi­on, the fault will be theirs he was sure of it.

Which being reported in the Town, so filled the Peo­ple with Joy, as by the Parliaments Order, the Bells and Bonefires every where proclaimed the comfort and hopes of a deluded People, little thinking as it afterwards proved, to have their King and Defender of their Faith and Religion, manacled and betrayed into the fatal con­sequences of a long lasting King and People, destroying Parliament-Rebellion.

And on the last day of that Session, his Majesty before any Bill signed, spake unto both the Houses of Parlia­ment, and told them, that he owed an accompt of his Ac­tions to none but God alone, that it was well known unto ma­ny that a while ago the House of Commons gave him a Re­monstrance how acceptable every man might judge, and for the merit he would not call it in question, for he was sure no wise man could justifie it.

But since he was certainly informed that a second Remon­strance was preparing for him, to take away his Poundage and Tunnage, one of the chief maintenance of the Crown (a grateful return of his Answers to that they without any Just Title would call their Petition of Right) by alledg­ing that he had given away his Right therein by his An­swer unto that Petition; And is so prejudicial unto him, as he is enforced to end this Session, some few hours before he meant, he being willing not to receive any more Remonstran­ces, unto which he must give an harsh Answer.

And since he seeth that even the House of Commons, do be­gin already to make false constructions, to what he had grant­ed in their Petition, (which was in truth rather a claim of his Rights than any thing that was their own,) least it should be worse interpreted in the Countrey, he would make a Decla­ration concerning the true Intent thereof, the profession of both the Houses of Parliament, in the time of their hamering their Petition, was not to incroach upon his Praerogative, (which appears to be the only design and drift there­of,) [Page 626] [...] [...]ying they had neither intent or power to hurt it, there­fore it must needs be conceived, that he hath granted no new but only the ancient Liberties of his Subjects, (which un­derstood as they ought to be, neither were to be their Liberties or Rights, but his own, unless they would Pe­tition him, that they might be Kings and he their Sub­ject) yet to shew the clearness of his intention, that he nei­ther intends or means to recede from any thing which he hath promised them, he did there declare that those things, which have been done whereby men had some cause to suspect the Liberty of the Subject to be trenched upon, (which indeed was the first and true ground of the Petition) shall not here­after de drawn into Example of their Prejudice, and in time to come in the word of a King they shall not have the like cause to complain.

But as for Poundage and Tonnage, it is a thing he can­not want, and was never intended by them to ask, never meant he was sure by him to be granted.

Commanded all that were there to take notice of what he had spoken at that time to be the true intent and meaning of what he had granted unto them in their Petition; but especially the Judges, for unto them only under him belongs the Interpretation of Laws, for none of the Houses of Parlia­ment joint or separate (what new Doctrine soever may be raised) have any power either to make or declare a Law without his consent.

Which all the Inveigling promising Petitioners were wiser than to make any attempt to contradict when they foresaw it not to be possible by any parcel or Rule of truth, but made what they thought they had so suc­cessfully gained to be an Incouragement to proceed to other designs, in making themselves Governours of their Kings, and to be of their Election, when God never gave them any such Power or Jurisdiction, or appointed our Kings to permit their Subjects under the colour or pretence of Councel, Advice and Approbation in Parlia­ment, to be as helpful to their Kings and fellow Sub­jects, as the Epheri in Sparta were to make it their bu­siness to find out as many of the Errors in government, and grievances of the people of their own making, and charge the faults upon their Kings when they were of the Ephori's own making.

Or by what strain or stretch of wit, or squeezing the [Page 627] word Priviledge, those aforesaid Parliament Priviledges allowed by our Kings to the House of Commons in Par­liament, viz. Access unto them, freedom of Speech, and from Arrests during that their Imployment could be made to laquey after, or be subservient unto those many their evil designs which after ensued, having no proper or peculiar Fixation as to other matters cannot in suo genere be of the nature or kind either of Properties or Liberties, which are of another sort altogether distinct and separate from them when property, if truth and rectified reason be called to Councel signifieth no more, nor was amongst learned or common understanding men accepted or taken to be then that,

Proprium cum suum cuique est separatum a Communitate Ita dictum quod maxime prope est proprie peculiare & id quod Perot. unius cujusque est maxime prope est quod proprium est Graecis [...] ab [...] species.

Est etiam proprium stabile perpetuum certum semper pro­pinquum Scalig. lib. 4. Poetic. omne quod habemus aut mutuum aut proprium est mutuum quod ad tempus habemus nec postmodum. Donatuc.

Uno naturali nomine homines appellaremur, Jure gen­tium D. lib. tit. 1. 4. and in Instit. lib. 1. tit. 5. tria genera esse ceperunt liberi & his contrarium servi & tertium genus qui desierunt esse servi. Libertas opponitur servituti libertatem Cicero Paradoxis definit esse potestatem vivendi, ut velit noster Florentinus, ait esse natu­ralem L. F. de Sta­tum bom. § 1. facultatem quod cuique facere libet infra quod vi aut Jure prohibetur & libertas non privata, sed publica res est Martianus ad l. si quis ff. de fidei commissi libertas opponitur servituti unde convenire non possunt l. ergo ff. de fide libert. proprium est suum cujusque diciturque quod non est aliis Lib. [...] tit. 17. Commune proprium sive proprietas quod allodium dicitur propterea quod ejus proprietas solido Dominum est neque al­teri ejus usu fructus est constitutum. Leg. 4. F. de usu fruct. pe [...] l. 4.

Jurisconsulti modo proprietatem solidum modo proprieta­tem tum usu fructu modo usu fructum proprietati admixtum appellant sit leg. franc. lib. 1. ca 11. ut unusquisque ab illo beneficio suam familiam nutritare faciat de sua proprietate propriam familiam nutriat & si deo dante super se et famili­am suam aut in beneficio aut in Alodio Annonam habue­rit.

And the Civil Law, that Universal Law of the World under the Sacred and Divine can abundantly inform us, that there is amongst the Generations of the Sons of [Page 628] Men not only a directum Dominium, but an utile, which made that to be rightly said and believed of the Regal or Imperial Authority, Dominium in Universis in singu­lis Seneca. proprietas.

For Dominum est Jus et potestas re quaquam tum utendi quam abutendi quatenus Jure Civili permittitur, & usus fructus dissert a solido Dominio & usu frictus est D [...]m plenum quia cum usu fructus cohaeret proprietas nudum quod et dilectum dici potest cum separatum est ab usu fructus § 2. Instit. Dominium directum et utile Dominii duo esse officia unum disponendi alterum vindicandi per l. in rem aut Bart. in l. 1. de acquirend. Domi­num.

And non est nostrum nisi illa quae oripi non possunt. And a Feu­datory M [...]ti [...]ii Lexicon. as a [...] in Capite, immediate or mediate are no otherwise in respect to their Superiors, who first gave or created the [...], which can be no other than Usufructs or [...]ding in the first that gave the Lands or [...]tes.

[...]homines liberi et legales homines ad nobiles olim [...] [...]. sp [...]nt ist [...] [...] [...]xime eni [...] vulgi pars aliqua servitutis specio coercebatur sit ut [...] mancipii non liceret qui vero manumissi assecuti liberta [...] ▪ Romanis liberti et libertini inferioribus seculis inge­nii di [...]ur.

Legalis in Jure nostro dicitur qui stat rectus in curia non exlex non utlogatus nec excommunicatus vel infans, sed qui in lege postulet & postuletur hoc sensu vulgare illua in for­mulis Juridicis probi et legales homines hinc legalitas pro conditione illiusmodi L. L. Ed. confess. de eo an Reus mor­tis misericordiam ipso tamen malefactor fide jussores de pa­ce & legalitate tuenda, Sureties for his good behaviour. Francus tenens libero tenens qui terras vel praedia a Domi­no suo libero tenet Ass. de Clarendon, Hovedon, p. 549. si quis obierit Francus tenens haeredes remanent in tali soi­sina quali pater suus habuit eo Had. 1193. page 725. vene­runt in Angliam nuncii Regis cum literis illius missi ad omnes Archiepiscopos Barones Clericos & Francos tenen­tes.

And those our late Multipliers of Priviledges of Par­liaments, may consider that proprietates dictae sunt res immobiles quas quis comparat comparare libertates in L. L. Longobard. lib. 3. tit. 1. 5. 19. 20. Ubi proprietas mox Alodus dicitur proprietatem adquirere in Libro Chronic. Du Fr [...]s [...]. Launsham p. 68. Testamentum Hadonidi Episcopi Caeno­manum, [Page] villani proprietates mea Iscommodiorum quam ta pecunia de Anserina et genitrice sua comparavi i [...] prietates dicuntur res Dominicae ac propriae respectu eae [...] in beneficium tenebantur Tabularum Brivat. ca. 33. Cedo aliquid de rebus proprietatis quae mihi per conquestum eve­nerunt & ca. 335. de rebus proprietatis nostrae quae ex at­tractu mihi obvenerunt Hinckmarus Remensis in Epistola ad Carolum Regem quia ipsi vestri homines et proprietatem et beneficium in Regno vestro et in mea parochia habent tradit. Fuldensis lib. 3. trad. 30. cum alia quae sibi vel proprietatis Jure vel beneficiali Lege unde­cunque contingerent filiae suae ubi proprietates opponuntur beneficiis que ad vitam possidebantur, et proprium idem quod proprietas Autor Quel. datum tibi est de proprio nihil habere Charta Clodovei apud Ro­ver. in Reom. page 30. tam ex munere nostro quam de paterno [...]ut proprio, aut de conlato populi seu de quolibet adtracto aliquid auserre pr [...]at ca. 1. Anno 81 [...]. ut omnis liber homo qui 4. ma [...]sos v [...]os de proprio sive de alicujus beneficio habet Charta Lotharii Imp. apud Bessuim p. 260. curtes duas cum suis appendiciis nostris dar [...] ­mus praecepto et duos quod Alodes nuncupant ejusdem loci Incolae, et sua propria.

Cicero defineth Liberty to be potestas vivendi ut velint, at non vivit at v [...]lit qui juxta sensus carnis suae et cupiditates, sed is solum­modo Gibie [...] de Li­bertate Dei & Creaturae. qus vivit juxta rationem, Plutarchus et Epictetus eandem liberi definitionem, idemque Arianus ex Epicteto eum dixit liberum esse cui nec impedimentum praeberi possit volenti nec vis inferri volenti.

For amongst the too many claimed Priviledges to be appertaining to the Members of the House of Commons when they are assembled in Paliament, by vertue only of their Kings and Princes Writs, as hath been before mentioned, there are only these which their Speaker petitioned for, for since the Dream of the men of St. Albans in Anno 8. E. 2. expounded and managed, as Mr. William Petitt could think or imagine for his best ad­vantage, not knowing where it was run away from him, and not finding it, and the bold Petitions of some of the House of Commons in Parliament, in the second year of the Raign of King Henry the 5th perceiving that he could get no assurance or confirmation of it, by the Kings Answer thereunto, as their Champion hoped that his Argument might prove as good as that of the good men of St. Albans, and smite the Nail on the Head, therefore was enforced when he saw the Kings answer in the same Record to silence it rather than his admirers [Page 630] should understand it, and these claims of fancied Privi­ledges, were so little believed to accord to those their unhappy designs, as there was no more demand or news afterward of them, in all our Kings and Princes Raigns, until the Parliament in the Scottish League and Co­venant, with a factious party of our English in the years of our Lord 1637, 1638, and 1639. when Philip Nye a busy factious Minister and Arch contriver and propagator of Rebellion, and some other special Commissioners were secretly sent from England, to pre­pare the intended united Rebellion of England and Scot­land, and put the management thereof into a Method, most agreeable to the vizard of their counterfeit Religi­on, and at the first a kind of supplicating Rebellion with Petitions and Remonstrances, in their hands, as well as Arms, Amunition, and all other Warlike Offensive and Defensive Provisions.

And if our English Parliaments had any such Stock of Liberties or Priviledges proper for Members of an House of Commons to demand, it can be no less than a wonder extraordinary, where those invisible Liberties or Priviledges have lurked or lain hid for more than 1000 years ever since Parliaments or Great Councels have been holden or kept in England, under our Brittish, Saxon, Danish and Norman Kings, and the long succession of our many Kings and Princes until that horrid long lasting Rebellion that had its rise in the years aforesaid, and with great store of miseries and desolations continued until now, being about 49 years, and that none of the many Speakers (other than Sir John Tibetot in the Raign of Henry 4. which gave occasion to all the Speakers afterwards to crave pardon of the King if they should demand any thing more than was befitting them) al­lowed by our Kings, and entrusted by the House of Commons in Parliament in matters of so great weight and concernment as is pretended for the publick good, should so much neglect it since the 21 E. 1. or the times since succeeding, as at their admission by our Kings and Princes to demand but two Priviledges, when they ought to have asked very many as their well-willers, but no friends unto either Loyalty or true Reli­gion, do without any grounds of Reason and Truth desire to have allowed who could hear Queen Elizabeth [Page 631] give a charge to some of the Speakers to inform the Members of the House of Commons that she would not have them intermedle with matters of Church, and com­manded the Speakers not to receive any such Bills if they should be offered, and their then learned Speaker Sir Ed­ward Coke durst not adventure to object unto her, his too much at other times adored Fictions and Fables of the modus tenendi Parliamenta, and the mirrour of Justice, and a very great misfortune it must needs be to our Kings and Princes especially, that ever since Jack Cades Rebellion in the later end of the Raign of King Henry the sixth, they should be only troubled with the discords and troubles in their Councels which should be most helpful unto them, which their neighbour Kings and Princes have not met withal in their like Methods and Rules of Government.

The Kings of Israel were commanded to read the Law, which was not then non-scripta, often References were made to the Book of the Chronicles. The Decalogue was written as God had dreadfully pronounced, by Moses, and being afterward broken, were wrtten again by the Almighty's own Finger, the blessed Words, Commands and Examples of our Saviour were writ­ten by the Evangelists, St. Pauls Epistles, have happily come unto us, not by being not written, but by having been written, the twelve Tables fetched from Athens and Sparta, and brought unto Rome, were there hung up Aeneis Tabulis, and their Sibylline Books were of great va­lue, our Bede, Lambard, and Somner, have found our Saxon and Danish Laws to have been written, and St. Ed­ward the Confessors Laws were written before they were hid under his Shrine, being not different from those that have been afterwards sworn unto by our successive Kings and Princes at their Coronation; some Laws forced from King John, were reduced into his Charter at Run­ning Mede, our Magna Charta, & Charta de Foresta freely granted by our King Henry the third, and after thirty times confirmed in several Parliaments, and ordered to be preserved in all our Cathedral Churches, did certainly deserve the Title of Jura scripta.

When they might upon a sober and the strictest, not Fanatick, Rebellious Enquiry be well assured that those necessary Priviledges of Parliament, were not to punish [Page 632] by their power but the Kings, the Infringers of those Priviledges, and that those which by a wicked or un­heard of Antipolitiques or their Impostuting Champi­ons or men at Arms would have by a new Art or trick of Jugling the Liberties and Properties of the people to be Priviledges of Parliament, may find that the words Privilegium, proprietates & libertates never did or can signify any more than such Liberties, Priviledges and Pro­perties in and unto those their own Liberties and Estates, which for a great part of them had been gained by the Favour and Indulgence of their Kings and Princes.

And should rather acknowledge that there is and ought to be no small difference betwixt Privilegium and beneficium, and that privilegium in alterius praejudicium many times happens to be & beneficium nec in Juris com­munis detrimentum, nec in alterius damnum conceditur, as that certainly was of the admittance of some of the Common people to be Members of the House of Com­mons in Parliament in 21, or 22. E. 1. to be made privy unto the making of such Laws, wherein they might be concerned and have an opportunity to Petition their Kings for redress of any grievances happened unto them. And that concessio Privilegiorum partim est expres­sa, Reynoldus Cu­rick de Privi­legiis, p. 22. partim Tacita; Expressa, quae per concedentem verbis expressis tribuuntur qualia sunt illa quae a Principe peculi­ari rescripto, vel aquovis alio magistratu, vel superiore dantur, vel in volumen Legum redacta, ut Exempli gratia, Privile­gia Minorum, faeminarum filiorum familias & similia; Tacita sunt quae praescriptione consuetudine vel per senten­tiam Iudem, cap. 4. p. 52. & 53. & [...]1. acquiruntur; In concessione Privilegiorum observari debet ne contra Jus divinum possumus & morale & ejusque abolitionem quicquam indulgeat vel largiatur, (which would so have been if the parties supposed to have been Priviledged should extend them against their King and Gods Vicegerent.

And it neither was, or could be by any Rule of Law or Right Reason, any Priviledge granted unto any Members of the House of Commons in Parliament by any of our Kings to their Speaker, or otherwise that any of our Kings and Princes should not upon any occasion of High Treason, Felony, or breach of the Peace, perso­nally enter into the House of Commons, and cause to be Arrested any of the Members thereof, when Queen Eli­zabeth [Page 633] caused Dr. Parry, one of their Members to be Arrested, sitting the Parliament, for High Treason, and tryed, condemned, and executed for it by Sentence of her Justices in the Court of Kings Bench at Westmin­ster.

§. 29.

Neither could they claim, or ever were invested by any Charter or grant of any of our Kings or Princes, or otherwise of any such Priviledge or Liberty, nor was or is in England any Law, or Usage, or Custom that a Parliament sitting cannot be prorogued or dissolved as long as any Petition therein exhibiteth remained unanswered or not determined.

IT being never likely to have been so in a well-consti­tuted government of a Kingdom built & constituted upon sound & solid principles of Truth & Right Reason as ours of England is, to have either often or always Ar­dua to be considered of, or of those Arduorum quaedam most especially concerning the defence of the Kingdom and Church of Eng. which were not only to make an Act for the killing of Crows, of Paving of Streets, or that ex 24 H. 8. ca. 10. se or per se naturally or properly it could be or ever was in any Regal government in the Earth any Law or Custom to perpetuate, or everlastingly to hold a Parlia­ment, a thing altogether unknown, and unpractised by our English Monarchs, who thought it enough at three great Festivals in every year, to be attended with their Praelates, Nobility and Grandees, viz. at Christmas, Easter, and Pentecost, and inquire into the State of affairs of the Kingdom which many times did occasion as much of Advice and Conference amounted as to a Parliament, some addresses upon home emergencies being then made Sir John Spel­man in vita Aelferdi Regis. Et Mat. Paris. for Remedies of evils, happened or as fires been to be prevented, private petitions seldom interposing, if in the inferiour Courts of Justice, they might otherwise have Redress, for that had been expresly forbidden by a Law L. L. Canuti. of King Canutus, and those Sumptuous Feasts, and So­lemnities being of no longer duration than the Festivals themselves.

And in so many inferior Courts that gave Remedies [Page 634] the people had no need to trouble themselves or their Kings in Parliament with Petitions, especially when in the 9th year of the Raign of King H. 3. A peculiar Court was granted by our Magna Charta, and Erected 9 H. 3. ca. 11. to give Remedies to all the peoples Actions & Complaints not Criminal with a lesser charge and attendance in an ordinary and more expedite course, and when they came with Petitions proper as they thought for Parliaments, they were to be tryed by Bishops and Barons thereunto by the King appointed, who by the advice of the Chan­cellor, Treasurer, Justices, and the Kings Serjeants at Law were, if they thought fit to receive them or otherwise to reject them, with a non est Petitio Parliamenti, and they that were received were many times referred by the King to his Privy Councel, and sometimes with an Adeat Cancellariam, and at other times with a farther Examination to the Justices of the Courts from whence the complaints did arise or with a respectuatur per dominum principem, or referred to the Judges as against the multitude of Attorneys, as in the Raign of King Henry 4. And Petitions were not seldom answered with there is a Law already, or the King will not depart from his Right. And when the Acts of Parliament were made in the 4th and 36th years of the Raign of King Edward 3. wherein he granted that Parliaments should be holden once in every year if need be, the Petitions of the people could not avoid the like Limitations or Tryals of them as the Laws required.

Certain Petitions having been exhibited by the Cler­gy Ro. Parl. 18 E. 3. to the King, it was agreed by the King, Earls, Ba­rons, Justices, and other wise men of the Realm, that the Petitions aforesaid be put in sufficient form of Law.

A time was appointed to all that would exhibit any Petitions. The first part of a Petition the King granted, Ro. Parl. 20 E. 3. and to the rest he will be advised.

The Commons did pray, that the best of every Coun­trey may be Justices of Peace, and that they may deter­mine all Felonies, to which was answered for the 2d the King will appoint Learned Justices they pray, that the 40 s. Subsidy may cease.

Unto which was Answered, the King must first be mo­ved▪

They pray that the King may take the Profits of all [Page 635] other Strangers Livings, as Cardinals and others during their Lives.

Unto which was answered, the King taketh the profits and the Councel (the Kings privy Councel) hath sent their Petitions to the King (who was then busied in his Wars in France.)

The Commons did pray, that all Petitions which be for Ro. Parl. 21 E. 3. the Common profit may be delivered in Parliament be­fore the Commons, so as they may know the Indorsement, and have Remedy according to the ordinance of Parliament, unto which was given no Answer.

The Commons having long continued together to their great Costs and mischief, desire Answer to their Bill (which in the Parliament Language signified no more than a Petition) & leur deliverance.

The Commons petitioned against the falshood of such Ro. Parl 22 E. 3. as were appointed Collectors for 2000 Sacks of Wooll.

To which was answered, This was answered in the last Parliament, and therefore Commandment was given to execute the same.

And the like Answer given ut prius to their Petition touching Robbers and Felons.

They pray that all Petitions in this present Parlia­ment may be presently answered. To which [...] answered by the King, after Easter they shall be an­swered.

The Parliament in Anno 6. E. 3. began upon Monday, [...] but forasmuch as many of the Peers and Memb [...] were not come, the assembly required the continuance of the Par­liament until the 5th of Hillary next following, which was granted.

The Commons praying the King to grant a par­don Ro. Parl. 8 E. 3. for the debts of King John, and King Henry the third, for which process came dayly out of the Ex­chequer,

The King answered, he will provide Answer the next Par­liament.

No Parliament being after summoned until Anno 13. of his Raign when the Lords granting to the King the 10th Sheaf of all the Corn of their demesns, except of their bound Tenants the 10th fleece of Wooll, and the 10th Lamb of their own store to be paid in two years, and would that the great wrong or Male Tolt set upon [Page 636] Wooll be revoked, and that this grant turn not into a Custom.

That the keeping of the Kings Wards Lands may be committed to the next of the kin of the same Ward.

That Remedy may be found against such as dying past away their Lands to defraud the Lords of their Ward­ships.

The Commons made answer, that they knew and ten­dered the Kings Estate, and were ready to Aid the same, only to this new device they durst not agree without fur­ther conference with their Countries, and so praying re­spite until another time, they promise to travel to their Countries.

Sundry of the Lords and Commons being not come, the Parliament was continued from day to day until Ro. Parl. 15 E. 3. the Thursday following. The Archbishop of Canterbury having been in the Kings displeasure, humbled himself and desired his favour, and having been defamed, desired his Tryal by his Peers, to which the King answered, he would attend unto the Common affairs and after hear others.

A Proclamation was made for such as would exhibit any Petitions, and a day given therefore. Ro. Parl. 17 E. 3.

Anno 25 E. 3. The Commons pray, that process of Outlawry shall be in debt Detinue and Replevin. Ro. Parl. 25 E. 3.

To which was answered, the like motion was in the last Parliament which had the same Answer, and was then reason­ably answered.

Anno 45. E. 3. it was agreed that ever Petition now exhibited may be by some of the Lords considered. Ro. Parl. 45 E. 3.

The Commons pray, that the Extracts of Greenwax may mention at whose suit such Amerciaments were lost in what Term, and what Plea, and between what par­ties.

To which was answered, let the same be provided the next Parliament (which was not summoned until in Anno 47. E. 3.) In Anno 47. of his Raign after Subsi­dies granted the Commons prayed answers to their Pe­titions, which was granted, after the Chancellor had in the name of the King given them great thanks, he willed that such of the Commons that would wait on their Pe­titions might so do, and the rest that would might depart, and so the Parliament ended.

[Page 637] They pray that Right may be done to every mans Peti­tion.

To which the King answered, let that be observed which toucheth every private person, our Kings and Princes hav­ing ever taken time to answer the petitions of their Subjects,

§. 30.

That in those affairs peculiar only to so great and venera­ble an assembly which should not be Trivial or pro­per to Lower and Lesser Jurisdictions, assigned for the determining of Lesser matters for the publick Ease and Benefit. Our Kings and Princes have a greater burden and care upon them, as Gods Vicegerents besides that of Parliaments, to manage and take care of the Kingdom for the benefit and good of themselves and their People.

FOR our Kings and Supream Magistrates, having many other as well necessary as ordinary, and Common affairs to look after, and have regard unto as the care of Peace at Home and Abroad, Defence and Protection of their People, Commerce, Intelligence and Correspondence, with Allies and Neighbour Princes guard of the Seas, and reducing of Parliament Councels to speedy Actions, could not admit a long consult, which in our former and more happy Parliament Assemblies were seldom above forty days, and many times with lesser periods of time found to be sufficient to dispatch the great and Important occasions thereof.

For the care of three great Kingdoms and a multi­tude of Accidents dayly, hourly, or oftner happening, or­dering and disposing Competent Magistrates and Offi­cers therein, observation of their well or ill managing their trusts, rewarding and encouraging the good, and punishment of the bad, with the administration of fit Remedies to all that complain of grievances and op­pressions committed by or amongst such a multitude of people, with the very great difficulties of keeping Peace abroad with Neighbour Princes, and preserving their own Subjects from being Injurious to theirs, or receiving wrong from others, may put a Prince into a necessity of 1 Reg. ca. 3. v. 6, 8, 9. [Page 638] having in his own person more than Argus his Eyes, or Briareus hands, and give him no, or a very small time of rest, & to ask of God what Solomon did when he took upon him the government of Israel, being a great People that could not be numbred or counted for multitude, give therefore thy Servant an understanding heart to Judge the people that he may descern betwixt good and evil, for who is able to Judge so great a People?

And with greater reason as being to govern a stub­born and Rebellious people, high minded and proud, with the riches gained thereby, many of whom have per­plexed and troubled him and themselves with their need­less and destructive Fears and Jealousies, without which the burden would not be so heavy as it is And can never seem light if those Fault-finders and Quick-silver Brained State Polititians would but consider how great it is in the dayly exercise of that government, have hitherto made & kept us happy, all which put together, might be enough to load an Atlas, and would never be so well done, or prove so effectual for dayly and publick good if they should tarry either for the coming of Parliaments, or for long and perpetual▪ or disagreeing Parliaments.

And cannot be deemed to be of little moment or concernment if an estimate be taken of the cares, charge and troubles to preserve the publick Peace both by Sea and Land, Leagues and Alliances, Intelligence, Correspondence and Amity with Forraign Princes and States, the least breach of Peace with whom might dis­turb our Peace and Commerce abroad, and transport Invasions and War upon us at home, with sending and receiving of Embassadors, giving audiences & dispatches to theirs, and sending Instructions with ours, besides their sitting in Councel with their Privy Councel, common­ly three times in every Week of extraordinary concern­ments, make not some addition thereunto, Sundays scarce excepted, and not that day or every day in every Week besides can pass, but he is troubled either with pe­titions for grants or favours, protection from oppressions, and redresses for greivances, either delivered by the pe­titioners themselves, or by one or both of the two Secretaries, or the four Magistri Supplicationum & Li­bellorum Masters, as they are called of Requests, who by their monthly turns of waiting, have commonly an [Page 639] audience twice in every moneth, of our Kings and Princes, who are as the mercy seat upon Earth, the Pool of Bethesda, the Asculapius Temple, the Balm of Gilead, Asylum sanctuary or refuge to help all the dis­tresses and calamities of their people. And that in all our Parliaments since the beginning of the Raign of King Edward 3. they have inter their quaedam Ardua taken alwaies into their care, not only those of England but of Ireland, Scotland, Gascogney, Guernsey, Jarsey, and the Isles, though they have no Burgesses or any other repre­senting for them as England hath had since the 48th year of the Raign of King Henry the third, which considered with the many cares of collecting and gathering in his Revenue and well ordering of his Aerarium or Treasury, without which no King or Prince can be safe or great, and protect and defend himself and his people from In­juries and Contempt, which put all together may give Gods appointed watchman of our Israel, besides their more weighted and occasional business in Parliament, scarcely time to slumber or sleep, or enjoy his natural refresh­ments or divertisements without the addresses and Im­portunities of his almost always wanting and complayn­ing Subjects, which they that will be at leisure to peruse all the orders of himself and his privy Councel and trea­sury References upon Petitions in the Secretary of State and Master of the Requests Books, and the Reports and Returns thereof, with all that are contained in the pa­tent close Rolls, fine and liberate Rolls of every year, be­sides the Writs Remedial granted out of the Chancery, from which no man as our Laws say, is to return sine Remedio those of the Common or Ordinary sort in every year amounting to no smaller a number than eighty Thousand in a year, which by Law were ancient­ly intended not to have been granted but by immediate Petitions to the King, howsoever are now dispatched of Course, as it hath long been by his Majesties not a few subordinate Officers, very much to the ease and relief of his People, who have so long enjoyed those benefits and accommodations as those Writs of Course, without the trouble either of our Kings, or their more especial Court of Parliaments as Anciently as King Canu­tus Raign, who began his Raign in the year of our Lord L. L. Canuti. 1016. and from thence so continued until the Raign of [Page 640] King John, wherein a Writ of Novel diseisin is noted in Ro. Claus. Johannis. the Margin of a Roll to be de cursu, (from whence the Cursistors in Chancery have taken, and do yet keep their Name, not a Cursitando, as Fleta (who wrote about Selden. dissert. ad Fletam & Fleta, ca. 13. 18 E. 3. the Raign of King Edward the 2d.) terms them Juvenes & pedites little Lads, who carried and fetcht Writs to and from the Great Seal, but Clerici de Cursu mentioned in the Oath, ordained to be given unto them in Parlia­ment in Anno 18. E. 3. Insomuch as when Simon de Montfort that Married the Sister of King John, and either his Father or himself, had about that time been the de­struction of the Protestant Albigenses and Waldenses in France, did in the time of the Imprisonment of King H. 3. and his Son Prince Edward, whom he and his Rebellious Partners had taken Prisoners in the Battle at Lewes, take an especial care, that in the absence of Tho­mas de Cantilupo the Kings Chancellor, the Kings great Seal being committed to the Trust of Ralph de Sand­wich, Keeper of the Kings Wardrobe, assisted by Hugh le Despencer Justiciar of England, and Peter de Montfort two special Rebels, to be kept until the return of the Chancellor, and that the said Ralph should Seal brevia de Cursu, but those which were de praecepto, were to be Sealed in their presence.

And when that Rebellion was afterwards broken, and Simon de Montfort and the most of his Rebel partners were slain at the more fortunate Battle at Evesham, and the King restored to his Regality and Rights of govern­ment, he and his Successors afterward did in all their Par­liaments enjoy the power and authority of Monarchs in their great Councels or Assemblies of Parliament, wherein by reason of their great and important affairs in War a in France, Scotland, and Wales, they could not be able to be personally present, but summoned and held their no long lasting Parliaments by their Lieutenants or Guar­dians of the Kingdom for the short continuance thereof.

§ 31.

That our great Councels or Parliaments, except Anciently at the three great Festivals, viz. Christmas, Easter and Pentecost, being ex more summoned and called upon ex­traordinary emergent occasions, could not either at those Grand and Chargeable Festivals, or upon Necessities of State or Publick Weal and preservation ex natura rei continue long, but necessarily required Prorogations, Adjournments, Dissolutions or Endings.

FOR extraordinary occasions being not common or ordinary, and the Summons or calling of fit and well capacited Persons, to those venerable or great Councels of Parliament, for purposed sometimes especi­ly Limitted and Declared to be for Advice and Aid, not in omnibus arduis only, but in quibusdam arduis, concern­ing the defence of the King, his Kingdom and the Church, always howsoever declared by the King himself, or such as he appointed, and there being other great and little Courts enough in the Kingdom to dispatch and adminis­ter Justice, it could not but put our Kings and Princes in mind not to trouble their highest Court for small and trivial Affairs, but to believe that Canutus an An­cient King of this Nation, who began his Raign in An­no Domini 1001. had reason by an express Law to pro­hibit the troubling of him or his Parliament, or greatest L. L. Canuti 16. Councel with small matters, when they might with more ease, less delay, expences and attendance, be de­termined at home, or in their proper Courts or Places in these words, videlicet, neme de injuria alterius (Regi) quaeritur nisi quidem in Centuria Justitiam consequi aut impetrare non potest Centuria, autem Cominus quisque ut qui­dem par est intersit aut saltem debito absentiam luat suppli­cio, and that Law might well be said to have been made by that King sapientum Concilio, which might occasion the use of Receivers and Triers of Petitions constantly appointed by the King or his House, or Councel of Peers, until our late times of Rebellion and Confusion (that great Councel or Court, never being intend­ed by our Kings or their Laws to be a standing, often or continual Court for ordinary Affairs. The wisdom [Page 642] of our Kings and their House of Peers, having often re­jected and not given any Remedies to Petitioners, that might more properly be relieved in Inferiour Courts.

For King Offa in the year 787. after the Incarnation Pryns Colle­ction of the Ancient Par­liaments. of our Blessed Saviour Jesus Christ had a 2d. Session in his great Councel.

And therefore as all Parliaments have had very ur­gent and necessary causes of Calling and Summoning them, by their Kings, so they were to have their conti­nuance and duration proportionable to the Business and Affairs, for which their Advice, Assent or Approbati­on were required, and even in the Ecclesiastical Coun­cels, begun as early after the Incarnation of our blessed Redeemer Jesus Christ as the year 446. The many Secu­lar Businesses, as making of Laws, and redressing of Grievances, in and by the Presence and Assistance of our Kings, and many of the Nobility, continued until the Norman Conquerour, who separated the Ecclesiastical and Civil Jurisdictions one from the other, and the Attend­ance upon Parliaments, were not a little troublesom and Seldeni notae in histor. Ead­meri. chargeable to the Spiritual and Temporal Baronage, and therefore the Ancient Custom of our Saxon Kings, was more easy and less burdensom unto the Prelates and Nobility, when it required their constant and annal Attendance upon their Soveraign at his Court, at the three great Feasts of the year, viz. Christmas, Easter and Whitsontide, as the excellently Learned Sir John Spel­man hath informed us, where the Bishops might give an accompt (as in so many Parliaments which needed no Sir John Spel­man in viea [...]redi Re­gis. Summons, Prorogations or Adjournments, for it was not to be doubted, but that almost every man might un­derstand when those Grand Feasts or Solemnities began or ended,) what had been done, or was to be done in their several Diocesses, and the Earls within their several Counties and Provinces, of which Anciently they had a Subordinate Government, and were to render accompts thereof.

When though not praecisely the very same in num­ber as to the Festivals of the year wherein our Old King Alfred and many of our succeeding Kings and Princes used to be yearly attended by their Bishops, Earls and Nobility, whereby they might the better often under­stand the Circumvolutions and various Accidents in [Page 643] their Kingdom, in every year might have some resem­blance with that of the great Charles or Charlemain the hugely (as Eginard who was his principal Secretary wit­nesseth) powerful, valiant and vertuous King of France, which Kings Daughter Bertha our Saxon King Ethelbert A [...]ales Egi­nard [...] [...] de [...]A [...] [...], p [...] 765. 736. & 64. is said to have married, and at her Instance upon the preaching of Augustine the Monk to have converted himself and all his Subjects to the Christian Faith and Religion, and celebrated with great Solemnity and Mag­nificence the great Festivals of Christmas and Easter, which with the addition of another being the Feast of Pentiost, was never omitted to be sumptuously kept by all our succeeding Kings until the latter end of the Raign of our K. H. the 3d. The French with great Solemnity, holding their Parl. or great Coun▪ at their 2 great Festivals of Christmas & Easter. Unless any other great Affairs caused them to summon those their great Councels at other times, which coming after the Raign of [...]. H. 3. to be 10 laid aside by reason of their many voyages into Normandy long last­ing & often Wars with France or Scotland, troubles & dis­cords at home as Parliaments especially when after the 48th year of the Raign of King Henry the third the atten­dance upon Parliaments was much more troublesom to the Commons in Parliament after their admissions into that great assembly, though they had their charges and expences in going, tarrying and returning allowed them by King Edward the first which was first begun [...] mon Montfort and his rebellious partners only in [...] H. 3. When the King was their Prisoner in the [...] two Knights of the Shire for the County of York, wh [...] those that were afterwards permitted to be present by [...]. Edward 1. in the 22 year of his Raign, and in the Raign of our succeeding Kings did esteem it to be a damage to to them in their other employments, affairs and loss of time, better becoming their capacities until the impres­sions and effassinations of Pride, Fear, Flattery, Ambi­tion and Self-Interest had within a small time after their aforesaid admission into Parliament, incited or inticed them to be packt by Roger Mortimer Earl of March, in the Raign of King E. 2. to Grant Aids to help to ad­vance his wicked and accursed purposes, as is expressed in one of the Articles and Charges against the said Earl in the 4th year of the Raign of King E. 3. or to set up for a Trade or Factory for themselves or their Friends, Ro. Parl. 4. E 3. or such as they could purchase as a lamentable [Page 644] experience hath of late years told us.

And we find no such Doings or Factorings before that or 49. of King Henry the 3d. For King Athelstone held a Parliament at Exeter, and the succeeding Saxon and Danish Kings, Summoned and held their Parlia­ments at several places, and Dissolved, and Met again, as their occasions, and the more weighty and extraordi­nary Affairs of the Kingdom required.

The Norman Conquerour, and William Rufus, and Henry the 1. other than at their aforesaid Grand Festi­vals, did neither restrain themselves to certain times or places, either as to the Summoning Continuing, Pro­roguing or Adjourning of their more than common or ordinary business, which requiring short Councels, and an hasty Prosecution, or putting into Actions what their deliberate Advices had resolved upon, could ne­cessarily produce no long continuances, but were not seldom without Prorogations or Adjournments, as Pryns Colle­ction of the Ancient Par­liaments. Mr. Pryn and all our Ancient and Contemporary Wri­ters and Historians have plentifully testified.

In the 9th year of the Raign of King Henry the 2d. A 9 H. 2. Parliament was called at Westminster, where by reason of the frowardness of the Archbishop Becket, and his Suf­fragan Daniel in the Life of King H. 2. Bishops, the King was displeased, and the Par­liament ended.

In the 20th. year of the Raign of that King, he cal­led 20 H. 2. a general Assembly of the Bishops and Nobility at Clarendon, where John of Oxford the Kings Clerk was President of that Councel, and a charge was given for the King, that they should call to memory the Laws Ec­clesiastical of his Grandfather King Henry the 1st. and to reduce them to writing, which was done, the Arch­bishop and Bishops putting their Seals thereunto, and taking much against the Arch-bishops will their Oaths to observe them.

In the 33th year of his Raign, a Councel of Bishops, 33 H. 2. Abbots, Earls, Barons, both of the Clergy and Laity was holden at Gaynington sub Elemosinae titulo vitium ra­pacitatis, Daniel ibidem 110. included therein saith Walsingham, requiring Aid towards the Wars of Jerusalem, the Kings of England and Walsingham Ypodigm. Neu­striae. France, resolving to go thither in Person, the King of Eng­land taking upon him, and wearing the white Cross.

A Parliament was called at Nottingham by King Rich­ard the first, after his return from his Captivity, which Hovedon parte posteriore. [Page 645] continued but four days; a Parliament in 7. Johannis; Mat. Paris 247. a great Councel or Parliament was holden at London, and Adjourned to Reading, whither the King not com­ing at the day appointed, it was three days after Ad­journed to Wallingford.

In the Raign of King Henry the 3d. His Great Coun­cels or Parliaments, were many times Prorogued or Ad­journed, in whose Raign the Popes Nuncio, Summoning Mat. Paris & Daniel in the Life of King Henry 3. the Praelates of England to give an Aid to the Pope, they excused themselves, and alledged that the King was sick, and the Arch-bishops and Bishops were absent, and that sine iis respondere non possunt nec debent, whereupon the Nuncio endeavouring to adjourn that Convocation, they refused to come again after Summons without the Kings License, in 6 H. 3. a Parliament, 7. a Parlia­ment in 8. a 3. Anno 10. a 4th. Anno 11. a 5th. a Par­liament in 16. another in 17. Anno 19. a Parliament, Anno 21. a Parliament, Anno 22. a Parliament, Anno 25. a Parliament, Anno 28. 2 Parliaments, Anno 35. a Parliament, 36. a Parliament, 37. a Parliament, in 38. another being called in Easter Term, which by rea­son of the absence of some Lords, who pretended they were not Summoned according to Magna Charta, was Prorogued to Michaelmas following, Anno 42. another Parliament at London, and for difficulty saith Mathew Mat. Paris. Paris, Prorogued to St. Barnabas day, and thence Ad­journed to Oxford.

And thence in the same year adjourned to London, in Anno 48 two Parliaments were called at London, 51. a Par­liament at London, Anno 53. another at Marlburgh (but in truth) in Anno 47. as appeareth by the Parliament Roll.

There was a Parliament at Westminster in the third year of the Raign of King Edward 1. another Anno 4. one at Gloucester Anno 6. another at Westminster Anno 7. one Anno 10. 13. another at Acton Burnel, and one after­wards in the same year at Westminster, another in that year at Winchester, another afterward in the same year at Westminster Anno 18. two Parliaments were holden at Westminster, the Statute of Quia Emptores terrarum, Quo Warranto & fines, seeming to be made at several Parlia­ments or Sessions, Statutes of Vouchers, Wast and de de­fensione Juris made in Anno 20. E. 1. probably made in [Page 646] like manner Anno 21. De his qui ponendi sunt in Assisis, and another ut supra de malefactoribus in Parcis, the Sta­tute of Consultation Anno 24. A Parliament in Anno 25 at London, another at Bury, another at Salisbury, 26. At York held at another time a Parliament, [...]nno 27. a Parliament at Westminster, and another Anno 28. for Persons appealed, and a Parliament wherein were made the Articuli super Chartas Anno 30. The Statute of Quo Warranto, 31. a Parliament, Statutes of Conspiracy and Maintenance in Anno 33. And in the 34th year of his Raign, before the Writ of Summons could be executed, sent another Writ to Adjourn the Parliament, and by his Writs, Prorogued or Adjourned some, if not many of those other Parliaments.

In the 5th year of the Raign of King Edward the 2d. a Parliament being Summoned to be holden at Westmin­ster, 5 E. 2. [...]. 17. Ro. Claus. dors. it was Prorogued before they could meet, and Writs were sent to signifie that they need not come.

In the 18th year of his Raign, having Summoned the Earl Marshal to be at a Parliament, to be holden at 18 E. 2. Ro. Claus. in dors. m. 15. Winchester, secunda dominica quadragessima prox. futur. and being informed by some of the Nobility, that by reason of the shortness of time, they could not suffici­ently provide themselves, Prorogued the Parliament to Octabis Paschae prox futur.

In the Printed Statute made at Lincoln in 9 E. 2. Mr. Pulton hath by his Modern Ph [...], mentioned that Statute to have been made by the Assent of t [...] [...], Earls, Barons, and other great Estates▪ but the origi [...]l Record is only Prelats, Countz, Ba [...] [...] [...].

And in 5 E. 3. it was mistakenly [...] by the Abridger, that all the Estates in full [...] (the King being not with his Power of Pardoning [...] other his Rights of Soveraignty comprehended [...] that notion) did agree that none of them should retain, sustain, or own any Felon, or other Common Breaker of the Law.

And the whole Estate (whereof the King was not likely to be one) moved the King to be Gracious to Ed­mond Son of the late Earl of March, who asked what they would have done, sith King Edward the 2d. was murder­ed by the procurement of the said Earl, they Answered for certain Lands Entailed; the Kings Answer was, that the same should be done at his pleasure.

[Page 647] In Anno 6 E. 3. The Parliament Adjourned (which was done by no other than the King) because most of the Estates were not come.

The Archbishop of York, and his Suffragans, and Clergy came, but the Archbishop of Canterbury and his, did not by reason of the contention betwixt them for Superiority of bearing up their Crosses, whereby the same was not only a loss of an opportunity for Scotland, but also an insupportable charge to the whole Estate, saith the Erroneous Abridger of the Parliament Records by a new Re-assembly, (which could not be intended of the King, who then was there resident at his Palace of Westminster,) to which they were Summoned.

For the efficient Formal and Final cause of our Par­liaments or great Councels being vested in our Sove­raign Kings and Princes, and in no other solely and in­communicably, none of their Subjects did or could ever rightly understand or believe that any of those great Councels or Parliaments summoned upon great and weighty emergencies of State accidents or dangers which were to be suddenly heeded by preventing or avoiding imminent or Impendent evils by their wary and deliberate consults put into a speedy Execution, could ever receive a certain and continual fixation, or be obliged thereunto, for that besides the fertility and growth of Hydras & innumerable mischiefs and Inconve­niences, not long ago wofully experimented, it would altogether contradict and be against the nature, reason and being of our Kings and Princes, summoning or cal­ling of Parliaments according to the ancient and Laud­able constitutions of our Nation. It being as unusual as improper, to Summon or call Parliaments, pro qui­busdam arduis, when Hannibal is not every day ad portas, but sometimes ruining himself and his Army at Capua, when our Kings have their continuum Concilium, private Councel and cares in a perpetual watch for the preser­vation of them and their people, when the Ardua are but the well foreseen Accidents and Dangers likely to happen and fit to be prevented, and it is not pro omnibus arduis, but quibusdam, and the Civil Law can inform us, That Ac­cidens appellatur quod adesse aut abesse potest preter Subjecti corruptionem & de donat ante nupt.

Accidens is defined to be, 1. Quod Accidit. 2. Quod [Page 648] inheret Subjecto oppositum substantiae. 3. Quod est extra essentiam rei ut neque intra attributa essentialia, neque desi­nitione Essentiali exprimitur.

For a Fleet of well Rigged and furnished Ships doth not call a Councel, or cause all the Commanders, Cap­tains and Pilots to come on board the Admiral for every little storm or quarrel of the Winds and Seas.

Nor our Generals of an Army at Land call a Councel of War for every small alarm or beating in of the Scouts.

And our Kings without Assent or Act of Parliament have appointed Terms or times for the orderly dispatch of Law affairs in the distribution of their Justice in their many other Courts of Justice. And our inferior Courts Baron, and Leet and Hundreds have been contented with lesser Periods.

And a standing perpetual Parliament either in Actu or potentia was never yet known or used in England, when its Constitution, Writs of Summons and Usage doth at all times and should declare the contrary.

And as extraordinary Accidents, dangers and emer­gences in a Kingdom and Government, and their greatest concernments are in no wife to be slighted, delayed or neglected, but suddenly endeavoured to be prevented, escaped, avoided or lessened, though it be to no small charge, attendance and trouble put upon the Lords Spiritual and Temporal and Mem­bers summoned and caused to convene and come from several parts remote or further distant, as in their Duty and Allegiance they are obliged to attend their Sove­raign, and come to the General Consult of a Parliament, so is it to be considered, that the Speculator and Pro­rector of our Kingdom and Nation under God, (just al­lowances being always to be made of natural rests and refreshments, and competent care of health) cannot be Master, if he could, of much time, whilst he is to en­courage and maintain the Publick Good of his People, and Guard them from any evils or inconveniences which do or might assail them, in his care and distribution of Justice in all the complaints and Petitions of a numerous and mighty People, in the issuing out of Writs, Edicts and Proclamations, which do every day, and hour in the year, almost imploy his Ministers of State and substituted in their several stations and qualifications, [Page 649] Sundays, and the grand Festivals in every year not always escaping, and the not to be expressed almost perpetual cares of a Kingly and Monarchick Govern­ment, largely attested by the many Patent, Charter and Clause, Rolls, brevia Regis, Rescripts, Commissions, Certioraris, Writs of ad quod dampnum Inquisitions cum multis aliis in the Raigns of our Kings and Queens, now lodged and preserved in the Tower of London, the Ex­chequer, and the Treasures thereof, with the Records of the other Courts, with what else could be rescued from the ravage of War and Time, together with the Memo­rials of their Secretaries of State, Privy Councel Table Books referrences, and the returns thereof, hearings of causes, complaints and orders and redresses thereof, with a necessary Inspection and Survey in and of all the affairs and conditions of his people, and their well or ill being when the cares of government were so accompted to be an heavy burden for Moses in his conduct of an affrighted and oppressed people of Israel driven out of Egypt with six hundred thousand men on foot, besides Women and Children with their Flocks and Herds in Exodus ca. 12 & ca. 19. their travelling and unsetled condition through the wil­derness, towards their hopes in the Promised Land of Canaan, with murmuring enough in the hearing and determining of their Suits and Complaints one against another, raised in Jethro his Father-in-Law such a com­passion of his Labour and Toil therein, as he told him, Ibidem ca. 18. he would surely wear away both himself and the People, and therefore Councelled him only to reserve hard mat­ters unto himself, and appoint out of the People able Men, such as fear God and love the Truth, hating Co­vetousness, to Judge the People in smaller matters.

Wherein they that shall rightly consider the cares of Kings and Princes, and the trouble of preserving and doing good to a far greater number of People (not sel­dom as unto too many against their Wills) may think themselves to be happy under the Protection of Gods Vicegerent, and bound to obey with cheerfulness his Providence therein, and that it was never intended by our less murmuring and more grateful Ancestors, to make perpetual extraordinaries, or a standing Court of Parliament, which could not fall within the Reason, Necessity or Practise of any good or rational Govern­ment, [Page 650] and if it could as it never can, must of necessity tear in pieces our happy best Established Monarchy, and Sacrificing it to an inexorable misery, leave our Posteri­ties to be tossed and driven in and upon the Waters of Strife, Self-interest and Vain Imaginations, and in the fear, without any cause of an Arbitrary Power of our Kings, never like to happen over-hastily, and madly run into the Arbitrary Power of a multitude, or some pre­vailing Party of plundering and pretending Reforms a­mongst them, many of which is and will be the worst of all Arbitraries of a Rude, Ignorant, Unreasonable and Senseless multitude, with the greatest certainties of miseries, as fatally as inevitably likely to happen.

§. 32.

That Parliaments or great Councels de quibusdam arduis concerniug the defence of the Kingdom and Church of Eng­land neither were or can be fixed to be once in every year or oftner, they being alwaies understood and believed to be by the Laws and ancient and reasonable Customs of Eng­land ad libitum Regis, who by our Laws, Right Reason and all our Records and Annals is and should be the Elsings Anci­ent and Pre­sent manner of holding Parliaments in England. only watchman of our Israel, and the only Judge of the necessity, times and occasion of summoning Parliaments.

FOR notwithstanding that by an Act of Parliament made in the 4th year of the Raign of King Ed­ward 3. It was accorded that a Parliament should be holden once in every year, and more often if need be; And in an other Act of Parliament made in the 36th year of the Raign of the aforesaid King Edward it is said, that for the maintenance of the Articles and Statutes (made in the said Parliament of the 36th) and redress of divers mischiefs and grievances which dayly happen, a Parliament shall be holden as at other times was ap­pointed 4. E. 3. ca. 19. by a Statute, yet the latter Act of Parliament was but with reference to the former, and that impart­ed 36 E. 3. ca. 10. no more than that a Parliament shall be holden once in every year, and more often if need be▪ and how­soever that in the 50th year of the Raign of that King the Commons renewed their petition that a Parliament might be holden, that Knights of the Parliament might be [Page 651] chosen by the whole Counties, and that the Sheriffs Ro. Parl. 50. E. 3. & 1 R. 2. might likewise be without brocage in Court, the King only answered to the Parliament, there are Statutes made therefore to the Sheriffs, there is answer made to the Knights, it is agreed that they shall be chosen by com­mon consent of every County, and in Anno Primo R. 2. petitioned the King that a Parliament might be yearly holden, in a convenient place to redress delays in Suits, and to end such Cafes as the Judges doubt of, which the Consequences after will shew, were only to be at the pleasure and will of the King, as his prudence, care and necessity of himself, and the publick good should necessarily advise if the true Interpreta­tion of both those Acts of Parliament, could, as it ne­ver can bear any other signification, for although that which next followed that Act of Parliament, made in the 4th year of the Raign of that King, was in the next year after, yet that which succeeded that was in Anno 6 and not printed.

For the Parliament was for a few days Adjourned, and 6 E. 3. being after holden at York, was for a short time likewise Prorogued, and afterwards the Assembly being not come, was Adjourned until the 5th of St. Hillary next follow­ing at York, and from thence again to a Re­assembly at the same place, at the end of which Re-assembly, the Commons had License to depart, and the Lords were commanded to attend him the next day, at which time the Parliament was Dissolved.

The Duke of Cornwal, the Kings Eldest Son as Guar­dian 13 E. 3. of England, by the Kings Letters, Patents, held the Parliament at Westminster, and a memorandum made to Summon the Parliament at the 5th. of St. Hillary next following. And the Commons upon the Kings demand of an Aid, alledge that they cannot agree thereunto without further conference with their Countries, pray a respite of time until they return from thence.

For that sundry of the Lords and Commons were 20 E. 3. not come, the Parliament was Adjourned for some few days.

In regard the Commons had so long continued at 21 E. 3. their great costs and expences, they desire Answer of their Bills, and a deliverance.

Lionel Duke of Clarence the Kings Son, held the Par­liament. 25 E. 3.

[Page 652] The Parliament for certain causes was Adjourned until [...]. E. 3. Monday next, after the Feast of St. Edmond the Martyr.

After the Petitions of the Commons not before An­swered, were read, and answered before the King, Lords and Commons, the King Licensed the Commons to de­part, [...] ▪ E. 3. and the Parliament ended.

And although in a Parliament holden in Anno 4. E. 3. ca. 14. It is accorded that a Parliament shall be holden every year, and more often if need be, yet in Anno 5. there being one, there ensued none after until 9. in 10. there was one, from thence until 14. none, in 15. ano­ther, [...] E. 3. after which none until 18. after which none until 20. thence none until 23. none after until 25. thence none until 27. and in that of 25. were 6. several Sessi­ons, wherein several Acts of Parliament were made, in Annis 28. & 29. Parliaments were holden, but none afterwards until 31. thence none until 33. thence every year until 36. In which an Act was made, that for maintenance of the said Articles and Statutes in the said 36 years ordained and redress of divers mischiefs and grievances which may happen, a Parliament shall be hol­den every year, as another time was ordained by a Sta­tute in 4 E. 3. cap. 14. in 37. & 38. Parliaments were holden, from thence none until 45. another in 47. a­nother in 50.

In Annis 1, 2, 3, 4, 5, 6, 7. none, in 8, 9, 10, 11. and in every year after, during his Raign a Parliament. R. 2.

1, 2. Parliament in one year, in 2. a Parliament, in H. 4. 3. one, in 4, 5, & 6. one, in 7. none, in 8. one, in 9. one, in 10. none, in 11. one, in 12. none, and in 13. one.

1, 2, 3, 4, 5. Parliaments none in 6. but in 7, 8. & H. 5. 9. were Parliaments.

1, 2, 3, 4. were Parliaments, but none in 5. & 7. H. 6. in 10, 11. Parliaments, in 12. & 13. none, in 14, 15. were Parliaments, in 16, 17. none, in 18. one, in 19. none, in 21. & 22. none, in 23. a Parliament, in 24. none, a Parliament in 25, in 26. none, in 27, 28, & 29. were Parliaments, in 30. none, in 31. one, in 32 none, in 33 one.

1. one, in 2. none, in 3. & 4. were Parliaments, in E. 4. 5. & 6. none, in 7. & 8. Parliaments, in 9, 10. & 11. none, in 12. one, in 13. none, in 14. one, in 15, & 16. none, in 17. one, but in 18, 19, 20, 21, none, in 22. one.

[Page 653] But 1 Parliament, though he lived a few years after. R. 3.

In some part of whose Raign. many of the Acts of H. 7. Parliament being not to be found, the first that appears amongst the Printed Acts of Parliament, was in the 3. year of his Raign, 2 Parliaments were held in that year, and a 3. in the 4th. year of his Raign, none in the 5. & 6. but one in the 7th. and no more until the 11th one in the 12th. and no more until 19.

1. And thence none until the 3. and after every year H. 8. a Parliament until the 8th. year of his Raign, (In which the like misfortune happened unto the Parliament Rolls for many years, as it did in the Raign of his Father King Henry the 7th.) in 14, & 15. there appeareth to have been an Act of Parliament, and from thence no more until the 21. and thence a Parliament in every year un­til 30. and in that year none, but in 31. and thence every year a Parliament until 36. wherein was no Par­liament, but in 37. one.

1, 2, 3, 4, 5, 6, 7. A Parliament in every year. E. 6.

1. Mar. 2. Sessions, 1. & 2. Philippi & Mar. & 3, 4. Mar. & 5.

A Parliament was in the first year of her Raign, and Eliz. from thence none until 6. and thence none until 8. from whence none until 13. thence to 15. and afterwards none until 18. and from thence none until 23. thence none until 27. none in 28. and but one in 29. none in 30. one in 31. thence none until 35. thence none un­til 39. thence none until 43.

1. one, in 2. none, Parliaments in 3, & 4. none in Jac. 5. & 6. from 7. none until 18. thence none until 21.

In Primo Caroli Regis 1. in 2. none, in 3. & 4. ano­ther. Car. 1.

No complaints being in those Internals of Parliament made for want thereof, and that blessed Martyr having granted to the great inconveniences of his Regality and necessaries of his Monarchicque, more than was fit for his Subjects to ask which was dearly after paid for after by many a suffering Loyal Family in the late long Re­bellion, did in the granting of the Act of Parliament the Exact Col­lection of Proceedings in the Parlia­ment from the 3d. of November 1640. until the Moneth of June 1641 16th. day of November, 1640. for a Triennial Parlia­ment to be holden in every 3d. year, declare unto them in these words, viz.

My Lords, and you the Knights, Citizens and Burgesses [Page 654] of the House of Commons, you may remember when both Houses were with me at the Banqueting House at White­hall, I did declare unto you two Rocks I wished you to eschew, this is the one of them, and of that consequence that I think never Bill passed here in this House of more favour to the Subjects than this is, and if the other Rock be as happily passed over as this shall be at this time, I do not know what you can ask, for ought I can see at this time, that I can make any question to yield unto, therefore I mention this to shew unto you the sense that I have of this Bill, and obligation as I may say that you have to me for it, for hitherto, to speak free­ly, I have had no great incouragement to do it if I should look to the outward face of your actions or proceedings, and not to the inward intentions of your hearts, I might make question of doing it.

Hitherto you have gone on in that which concerns your selves to amend, and yet those things that meerly concern the strength of this Kingdom, neither for the State, nor my own particular.

This I mention, not to reproach you, but to shew you the State of things as they are, you have taken the Govern­ment almost in pieces, and I may say it is almost off the hinges.

A Skilful Watch-maker to make clean his Watch, he will take it asunder, and when it is put together, it will go the better, so that he leave not forth then one pin in it.

Now as I have done all this on my part, you know what to do on your parts, and I hope you shall see clearly that I have performed really what I expressed to you at the beginning of this Pailiament of the great trust I have of your affections to me, and this is the great expression of trust, that before you do any thing for me, that I do put such a confidence in you.

Which was such an Assent to an Act of Parliament to ruin himself and his Monarchy, as never was asked or imposed upon any King or Prince, not a vassal unto any Prince or Republick, or by any King granted unto his Subjects, that did not intend to make himself to be ei­ther a Subject to his Subjects, or a fellow Subject un­to he could not tell who, which that ensnared necessita­ted, and every where almost betrayed Prince, did never intend or think to be rational, or any thing but an op­pression [Page 655] and force put upon him by too many of his Re­bellious Subjects, when he was so pinched and surrounded with Perils and Hazards of the greatest importance, either as to the saving of himself, or his Royal Posterity and three Kingdoms, when the Faction of 5, or 6, of some ambitious and unquiet Spirits backt with a lurking Scot­tish contrived Universal Rebellion, the villany of some of the unquiet nonconforming Clergy, and the Bestial ignorance of the Rabble had forced him to a condescension of an Act of Parliament in the 16 year of his Raign, that if he did not summon a Parliament once in every three years, his Chancellor or Keeper of the Great Seal of England, or Commissioners thereof upon their Oaths after a certain prefixion of daies, and under a penalty to be incapable and suffer such Censures as both Houses of Parlia­ment should inflict, should be obliged to do it, wherein if he 16 Car. 1. or they should in like manner fail, any 12 or more of the House of Peers should do it, and cause Writs under the great Seal of England to issue forth for the summoning of an yearly Parliament, all Clerks of Offices that were used to officiate therein were commanded, under the pain of incapacity and forfeiture of their Offices, and such other Penalties as that terryfying Parliament should ordain, if any Sheriff, Mayor or Bayliff disobeyed, he or they were to suffer the Penalties of a Praemunire, and the people were to proceed to an Election, and send those that they Elected to the Parliament to be holden once in every year wherein the King was to be personally pre­sent, and he or both—Houses within the year might adjourn, prorogue or dissolve the same, the House of Peers might appoint their own Speaker, and the House of Commons theirs, the King might nominate by Commission one or more to take of the Members of the House of Commons in Parliament the Oaths of Allegiance and Supremacy, and they that re­fused to be punished by the House of Commons, they that sought to disturb or hinder those Orders for frequency of Par­liaments, were to endure the Penalties of Praemunire, take no benefit by the Laws, be incapable of any Inheritance, Legacy, Gift or Grant, and be disabled to purchase by themselves or any other, or capable of any Office, Use, or Trust.

§. 33.

That all or any of the Members of the House of Commons in Parliament are not properly, or by their original constitu­tion intended or otherwise entituled, or properly, truly, justly, lawfully seized or to be stiled or termed Estates, neither are to be so understood or believed to be; and being to be no otherwise than subject to a temporary Election, and by the authority of their Kings Writs paid their wa­ges and charges, by those that sent and elected them, can have no Just or Regal Right thereunto.

FOr that the Title or usage of the Word Estate can­not bear or carry any other acceptation, interpre­tation or signification than a party or condition of men elected by a Community composed of several sorts of men anciently and originally (the Electors and the Sheriffs themselves excepted) as their Procurators or Attorneys to be present in Parliament ad consentiendum iis, to con­sent unto, obey and perform such things as the King by the advice of the Lords Spiritual and Temporal should be pleased to ordain.

For the word Status or Estates truly, legally and properly understood either now or anciently, can have or receive no other signification, Etymology, Interpretation, common use, proper or true understanding or meaning than,

Status est duplex publicus est dignitatis & honorum l. cognitionem l. 5. F. De extraordinariis cognitio privatus est hominis conditio ipsum privatum concernens & spectatur in Spelmanni Glossar. tribus in libertate in Civitate in familia l. Fin. F. de cap. dim: Ideo statum mutare dicitur qui mutat illud Jus quod habet in isto casu servi statum non habent Cal. 9. Unde dici solet servus caput non habet Minsh. statum unde capitis dimi­nutio quod status diminutio Meulf. p 71. Statum mutant liberi omnes qui vel (ivitatem vel libertatem, vel familiae Jus amittunt Cal. 5. Status personarum conditionem signi­ficat sicut Ingenui libertini servi Cal. 9. 29. prat. Status dici­tur conditio qualitasve personarum qua quis plurimum po­test, appellatur in Institutionibus Jus personarum Cal. 6. Gra­dum pro existimationis & honoris loco usurpari, notum est hinc in Gradum reponere est disjectum restituere Spieg. prat. [Page 657] Gradus in Agone literario tres sunt ut doctores legum & seq. Baccularii Licentiati Doctores.

Status Curia comitatus Aula Regis Jacobus de vitriace lib. 3. pag. 1126. de sapphedino primo die recepit ipsos (lega­tos Du Fresne Glossar. Christianorum) in prima scala de Cairon ubi semper est status ejus Statutarii sunt Magistratus qui statuta odunt, vel horum observationes invigilant, vel secundum ea judicia sua odunt Charta Annum 1322. infrascripta statuta conscripta per Dominos Jurisperitos electos per dominos statutarios Bulla p. p. data Lugduni in M. pastorali Eccl. parisiensi lib. 19. ca. 15. Excommunicatos nuncios, Statutarios et Scriptores statutorum ipsorum. Alia Bonifacii 9. p. p. Anno 1391. Apud Goldastum to. 2 constit. Imper. Potestates vero Consules statutarii & Scriptores Statutorum praedict. nec non consiliarii locorum ipsorum qui secundum Statuta & consue­tudines memoratas judicarent, &c.

Status, Statura Gregorius Taron. lib. 4. Hist. cap. 24. Celsum Patriciatus honore donavit, virum procerum statu, in scapulis validum lacerto robustum, &c. Mon. Sangallensis l. 1. cap. 19. de quodam Ep. qui cum familiaritate illius animari caepisset in tantam progressus est proterviam, ut vir­gam auream incomparabilis Caroli, quam ad Statum suum fieri Jussit, feriatis diebus vice baculi ferendam pro Episco­pali ferula improvidus ambiret.

Status, Sedes, Statum facere sedere morari, Ethelwerdus lib. 4. cap. 3. Attamen oppressi lassatu desistunt pug­ne barbari & sterilem obticient tunc victorie Statum.

Status pro Stallo Monachorum & Cannnicorum in Eccle­sia Galbertus in vita Caroli Com. Flandr. n. 72. Status si­mul & sedes Fratrum dejectae sunt. Idem. n. 98. Inter co­lumnas quippe solarii specula & Status suos ex scriniorum ag­goribus & cumulis scamnorum prostituerant, Stephanus Torna­censis Epist. 12. Assignetis ei statum in Choro, sicut habere solet, sedem in Capitulo Locum in Refectorio statutum de In­stallatione Canonicorum Bononiensium in Morinis: Assigna­tur (que) sibi status in Choro secundum qualitatem & capacitatem recepti, & locus in Capituli.

For they must have no small influence upon the minds and reason of mankind, as well as that which they designed, to have upon the Estates of those that would be so credulously foolish as to believe them to be a third Estate, to be added unto the former two very ancient Estates in times of Parliament, viz. The Lords Spiritual [Page 658] and Temporal, and it must be a strong and strange kind of delusion as much or more enchanting than the Magi­cians or Southsayers of Egypt that could not expound the meaning of Pharaohs dreams or far exceed the Art of the Painter that made Zeuxis Grapes so very semblable, or like unto them as the Birds were made Fools, and essayed to eat them, or how should or would be self created Es­tates think themselves to be such Estates, when if any such could have been, or ever had been, they must rather have been the Estates or such Estates that sent them, but not to be such Estates, but only as their Procurators, Attor­neys or Deputies, or what an efficacious strange Art must it be, that could when miracles have been long ago ceased, make a shadow pass for a Substance, those that are at home no such Estates, but they that were only sent, are no sooner once admitted in Parliament, but suddenly and ex se they become parts of that they would call the third Estate, when they that sent and helped to make them Members of Parliament, know of no such Grandeur or title bestowed upon them, how, or by whom when they were in Drink or Fudled at the time of the Election, or Drinking Cheating day of various and sense­less bribing, bargaining partialities, shamefully exercised in those our late times of Rebellion and Confusion; when some that were Electors (the Sheriff of the Coun­ty being not himself to be Elected, but commanded to cause the Election fairly to be made of Burgesses for Ci­ties or Towns justly sending Knights of the Shires, Citi­zens or Burgesses to Parliament (not having a freehold Estate under forty shillings per Annum, is at the same time thrashing in another Mans Barn, or at Plow, or at some dayly servile labour, and neither he or his High-Crown-Hatted-Wife knew of any such honour fallen upon them, or how such an hic or ubique Estateship vested in him, or how he that is represented should be less in degree or honour than he that sent and helped him to be Elected, and it will be difficulty enough for the third Estate Asserters to assail them from Perjury and Treason in their endeavouring to usurp upon their So­veraign, and to be coordinate with him, or to free them from the forfeiture of their Lands and Estates unto their Mesne Lords.

And it is very probable that King Henry the third in [Page 659] the 52 year of his Raign, and his Parliament did not in­tend 52 H. 3. ca. 10 to make the Common sort of People or smaller part of the Nation to be equal with the Archbishops, Bi­shops, Abbots, Priors, Earls, Barons, and Religious Men and Women, who were by that Statute exempt from coming to the Sheriffs turn, or being ranked with them as Estates; the Sheriffs turns being as Sr. Edward Coke saith ordinarily composed of the Bayliffs of Lords of Ma­nors, Servants and other Common sort of people, that Cokes 4th part Insti­tutes. Court having no Jurisdiction to try any Action other than under forty Shillings value.

And there could not certainly be a greater parcel of wickedness, credulity and ignorance hardly to be de­cerned or distinguished, how they or any of their Adhe­rents can harbour or give any entertainment to the least Embrio or parcel of opinion, that all, or any of the Mem­bers in the House of Commons in Parliament, are a third Estate when they themselves did so little believe it as in their frequent Petitions in Parliament unto their Kings they could give themselves no greater a Title than your Pauvrez Communs your Leiges, and being asked their advice in Parliament touching some especial matters, denied to give it themselves, but referred it unto the Councel of his Lords Spiritual and Temporal, at another time refus­ed because they had no Skill or knowledge in the affairs Walsingham Hypodigma Neustriae in vita E. 1. & Ro. Parl. of Peace or War, (the principal parts of government) and in the 13th year of the Raign of King Edward the third upon that Kings demand of an unusual Tax upon the Common people, as they thought, prayed leave to go into their several Counties to consult those that sent, and returned again, with an Assent and Answer; And when King Henry the fourth appeared to be offended with them, came sorrowfully before him, and humbly begged his pardon, could not as it appears in several of our Parliament Records, when the protection of them­selves their Posterities and Estates were deeply concern­ed, give their Kings and Princes any Aids or Subsidies without the consent of the Lords Spiritual and Temporal, that in the Raign of King Henry the fourth could not protect Sir Thomas Hexey one of their Members from an Accusation and Punishment by the King, that in the Raign of King Henry the sixth could not support their own Clerk, and in the Raigns of several of our Kings [Page 660] have been enforced to pray Aid of them by their Writs out of their Chancery to protect themselves and Moenial C [...]s 3d part Institutes. Servants in time of Parliaments. That Queen Mary caus­ed 39. of their Members to be indicted in the Court of Kings Bench for being absent from Parliament, wherein none of them though Plowden a very learned Lawyer was one, durst adventure to plead or insist upon any their pretended Soveraignty of Parliament, or that they were a third Estate or part thereof, That Queen Elizabeth one of the greatest and most vertuous of Princess that ever weilded a Scepter, and sate in our English Throne could upon no greater an offence of Bromley and Welsh two of the Knights of the Shire for the County of Worcester then endeavouring to Petition the House of the Lords to joyn with them to supplicate her Majesty to declare her Successor, did forbid them to go to the Parliament, but keep their Chambers, and shortly after committed them Prisoners in the Tower of London, and did not long after, sitting the Parliament, Arraign and try in her Court of Kings-Bench for High Treason Doctor Parry a Member of Parliament, and caused him to be drawn, hanged and quartered, and may read that in 16 R. 2. 19 R. 2. in an Act of Parliament made against Provisions at Rome under a Penalty of Praemunire the Commons by the name of the Commons of England three times repeated not stiling themselves a third Estate, petitioned the King that the Estates, viz. The Lords Spiritual and Temporal (herein acknowledging the Praelates to be of great use to the King) might declare their resolutions to stand to and abide by the King; and had never presumed so high as publickly to print and declare that the Soveraignty is inherent and radicated in the people, if they had not plundered or sequestred the Devils Library of Hellish In­ventions, Tricks and new found devices, or met with some manuscript of them at some Auction, a Trick of trade newly found out by the Stationers. And likewise pray­ed the King, and him require by way of Justice, that he would examine the Lords Spiritual and Temporal seve­rally, and all the Estates in Parliament, to give their opi­nion in the cases aforesaid, whereupon the said Archbishops, Bishops, and Praelates being severally examined, made their Protestations that they could not deny or affirm that the Pope had power to excommunicate or translate [Page 661] Bishops or Praelates, but if any such thing be done by any, that it is against the Kings Crown and dignity. And the Lords Temporal being severally examined, answered, that the matters aforesaid were clearly in derogation of the Kings Crown and Dignity. And likewise the Procu­rators of the Lords Spiritual being severally examined, answered in the name and for their Lords as the Bishops had done, whereupon the King by the Assent aforesaid, and at the request of the Commons did ordain and Enact the said Statute of Praemunire.

And might be assured that in Holland & the united Pro­vinces the chief of the confederate Estates with those that represent the Reistres Schaff or Nobility do usually sit at the Hague in Holland, & many times go home or send to the Towns and places they represent to receive their orders or approbation, who sometimes send their Deputies unto the Estates at the Hague with their resolutions, so as there is a wide and great difference betwixt those which our ambitious high-minded parcel of people that would be called Estates, and those that are the true and real Estates of the principality of Ghelders and County of Zutphen, Earldoms and Counties of Holland, Zealand, Aitzema's Re volutions of the United Provinces. Utrecht, and Friziss, Omland, and the Eu, and Lovers, who did so unite and confederate themselves together with all those that would allye and unite with them, as they promised not to infringe or break any of each of their Priviledges or Immunities (which our Mem­bers of the House of Commons in Parliament have largly done, by ejecting, turning out and imprisoning one another, putting others in their places, and making them receive their illegal Sentences and unjust Judgments upon their knees) neither shall raise or make any Taxes or Imposts upon each other without general consent (which ours would be so stiled Estates, have as largely done, as 48 Millions of English Money have amounted unto) and in case any thing be done to the contrary, it shall be null and void, the Lords Lieutenants and Go­vernors of the said several Provinces and Stadtholders thereof, and all the subordinate Magistrates and Offi­cers should from time to time take their Oaths to perform the same, and the Governors of the Cities, Towns & Places in the said united Provinces do in especial cases send unto their Stadtholders their Assent or Ratifications be­fore [Page 662] any thing be acted, which our pretending third Estates did not do, when they arraigned and murdered their King at the suit of the people, when that blessed Martyr King Charles the first asserted that they were not a tenth part of the people, and he might truly have said that there were not above one in every 200 of the deluded people of many Millions of his Sub­jects (Cromwels Souldiers and Army, and the mur­dering Judges only excepted) and not all of them neither that desired his death, or being so wicked­ly used.

And can never find any reason, record or president to warrant the imprisoning, securing or secluding as they have lately called it, any of their own Members, nor are to judge of the Legality or Illegality of the Election of their Members, nor of any the pretended breach of Mr. William Pryn. their Priviledges, of which the King and Lords were an­ciently the Judges as is evident by 16 R. 2. n. 6. 12 R. 2. n. 23. 1 H. 4. n. 79. 4 H. 4. n. 19, 20. 5 H. 4. n. 71. 78. & ca. 5. 8 H. 4. n. 13. Brook Parliament 11. 8 H. 6. n. 57. 23 H. 6. n. 41. 31 H. 6. n. 27, 28. 36. 14 E. 4. n. 55. 17 E. 4. n. 36. cum multis aliis, but were always Petitiouers to the King for Publick Laws and redress of grievances or in the case of private persons, but very sel­dom petitioned unto, and then but by sometimes the Upholsters and Merchant adventurers of London, and though they had the free Election of their Speakers granted, yet they were to present them to the King, who allowed or refused them, and sometimes caused them to chuse ano­ther, never did or could of right administer an Oath to witnesses or others to be examined by the whole House of Commons as the Lords in their subordinate Judica­tive power usually did, had no Vote nor Judica­ture Cokes 4th part Insti­tutes. in Writs of Errour brought in Parliament re­turnable only before and to be judged by the King and his House of Lords, nor yet in criminal Causes upon im­peachments wherein the Lords are only subordinate to their Soveraign to be Judges.

So as the improbability, impossibility and unreasonable­ness of the super-governing power and pretended Su­premacy of the House of Commons in Parliament will be as evident as the Absurdity and Frenzy thereof will appear to be by all our Records, Annals, Historians [Page 663] and Memorials, which will not only contradict the follies of those that are so liberal to bestow it upon them, but may give us a full and undeniable assurance that the re­presenting part of part of the Commons of England in Par­liament from their first Original in 49 H. 3. when their King was a Prisoner to a part of his Subjects, & they could then represent none but Rebels, did not certainly believe themselves to be either one of the 3. Estates of the Kingdom, or co-ordinate with their King, when in the first year of the Raign of King Edward the second as Walsingham a Writter of good accompt then living and writing after the 49th year of the Raign of King Henry 3. hath reported the people seeking by the help of the Bishops and Nobility to redress some grievances which did lye heavily upon them, ad Regem sine strepitu acce­dentes Walsingham Hist. E. 2. p. 97. rogant humiliter ut Baronum suorum Conciliis tra­ctare negotia regni velet quibus a periculis sibi & regno im­minentibus non solum cautior sed Tutior esse possit.

And when they had any cause of complaint or any grievances cast or fallen upon them by their fellow Sub­jects, or thrown or imposed one upon another, did not calumniate their Kings by publick calumnies or Remon­strances (for who would not in the course of ordinary friendship, or in the case of Children or Servants to their Parents or Master take it to be an ill piece of love or duty publickly to abuse and rail at their Kings and those which were invited for helps in Councel worse than the accursed Chams discovery of his Father Noahs Nakedness, or Jobs instead of comfort better censuring friends) did it in no worse expressions than Walsingham hath related, viz. Archiepiscopi Episcopi Abbato Priores Comites Barones & tota terrae Communitas monstrant domino nostro Regi & Walsingham in Histor. E. 1. 71. humiliter rogant eum ut ea ad honorem suum & populi sui salvationem velit corrigere & emendare.

And when they long after found themselves as afore­said stiled one of the 3. Estates in some of the Parlia­ment Rolls so as aforesaid mentioned could not by any Grammar or reasonable construction, or by any Rules of any truth, sense or reason believe the King to be one of the 3. Estates spoken of or at all intended in the Jour­nals or Rolls of Parliament, or understood so to be by the parties speaking or spoken of or unto, the Sandy and britle foundation of which ill digested opinion being [Page 664] not likely to get any room in any serious mans well weighed consideration. Being only made use of as a Trick of Faction and Sedition to exclude the Bishops and Lords Spiritual, on purpose to put the King in their place, whereby to make him co-ordinate with them, and the House of Peers, and help to justifie as much as they could, the fighting against Imprisoning, Arraign­ing and Murder of their King.

And being Elected and Introduced into the House of Commons, as Procurators only, and representing for some part, not all of the Commons under their proper limitted conditions, ad faciendum & consentiendum iis, to such matters and things as in that greatest of Coun­cels in the Kingdom, should be ordained by the King and the Lords Spiritual and Temporal there Assembled for the good and welfare thereof, under the Oaths of Allegiance and Supremacy, did not stile themselves Estates, or think they were thereunto entituled, when at the Coronation of their former and succeeding Sove­raign Kings and Princes, they were in suo genere, though with different Species, Degrees, Estates & Capacities com­prehended under the notion of the vulgus or common People, for until the 11th. year of the Raign of King Ri­chard the 2d. they had no Title of Estates allowed or giv­en unto them, and if they could make any Title there­unto, the Lords Spiritual or Praelates were the first, the Lords Temporal and Nobility the 2d. under and subor­dinate to their King Supream Head and Governour, and the Commons who were dispares to the Peers of England the 3d. who did notwithstanding long after in their Petitions in Parliament, take it to be honour enough to call themselves by no higher a Title than the Commons. The Kings Leiges, and his pouvrez Leiges, the word Estate, State, or one of the Estates in Parliament, being by the Invention or Phraseologie of their Clerks or Re­gisters by hasty abbreviation, and in and but sometimes saving of labour in the aforesaid 11th year of the unfor­tunate Raign of King Richard the 2d. by Use and Custom fastned upon them as men, and many learned Authors have often by an Incuria done, when in their writing of Ancient and Former things or times, they have made use of words or expressions of the pre­sent times, as more intelligible, as Duel for Battle or [Page 665] Camp Fight, Parliament for our seldom or greatest Coun­cels, hint for intimation or spoken of before, the last of which being known only to have been here introduced in the late Covenanted Scotch and English Rebellion, by Mr. Alexander Henderson, or the late Senseless, Proud, False and Insignificant Titles of Honour, or Respect of an Alderman, assumed by such as paid a great Sum of Mo­ney as a Fine, not to be an Alderman, and so became revera no Alderman, with as little Reason as the Citizens Wives of London, as low as the Meal-man's and Brick­layer's, do think themselves clownishly handled or dealt with, if they be not at every word stiled Madam, cum multis aliis his nugis Curialibus, of the misusage and im­propriety of words misapplied, without any considera­tion had of the intention and true meaning of the Au­thors, and the times wherein they lived, and the mode and usage of the words in former and latter times made use of, for the better signification and expression of mens meanings, either writings, reading, or modus lo­quendi, viz. by an ignorant Bellum Grammatical, make Rebellion to be as necessary as Religion, and Rebellion to be Religion. Who could not without the Power or im­pulse of dreaming, or some wild imagination be Es­tates in very deed, when they took and sued for their Wages in coming to the Parliament, tarrying and re­turning, and have been told by some of our Kings in Parliament, that they were but Petitioners, which they then did not contradict, which the higher sphered Lords in Parliament, never did more than enjoy a Priviledge Anciently allowed, but rarely made use of by them in the hunting and killing a Deer, as they travelled through Cromptons Ju­risdiction of Courts. tit. Parliament. any of the Kings Forests or Parks, in their way to ad­vise and serve their Kings, in those their greatest of Councels, and in our Statutes and Acts of Parliament, penned by the Judges and Councel of our Kings, in their former and much better Usage and Custom of draw­ing and penning our Acts of Parliament, of late left only to be framed by Sollicitors, and the Prosecutors and Contrivers thereof, so as the word Estates is rarely to be found therein.

And so little were the Parliamentary Commons of England obliged to the old approved good Writers and Historians, as Asser Menevensis, Ingulfus, Roger Hoveden, [Page 666] Gervasius Tilburiensis, William of Malmesbury, Matthew Paris, Brompton, Knighton, and many others contempo­raries to our Brittish, Saxon, Danish and Norman Kings and their Successors, and if their Testimonies will not pass with these Reeord Scrap-mongers who would wrest and wring every thing they can meet with to their Se­ditions and Treason hatching by false and wicked glosses and misinterpretations, the Parliament and Statute Rolls that do every where give evidence as an everlasting truth unto what that blessed Martyr King Charles the first hath so truly asserted in his Answer to the Rebel Parliament 19 Propositions, when the Secretary or Sir Edward Hyde by a mistake had allowed them the Title of Estates, which being decryed by the Lawyers and Loyal Members of the Loyal Parliament at Oxford then at­tending, viz. Sir Orlando Bridgman, Sir Geffry Palmer, and Sir Robert Holborn, had not so passed but that the post could not be recalled, yet howsoever the Rebellious par­ty at London, that were so willing to catch at that (as they thought) advantage, might have seen read in the words cohaerent in the same Paragraph an exception in the words following in a Parenthesis, viz. but never intend­ed to have any share in the government.

And they that heretofore did take it for an especial The Kings Answer to the Parlia­ment [...] in [...], Col­ [...]tions. honour to wear many of the Peers and Nobilities Live­ries, and glad to be reteyners to them, were so modest as to be unwilling to assume the Title of an Estate in Parlia­ment, when in Parliament conferences, passing of Bills, Messages, or other occasions the House of Peers sate co­vered that third Estate if it could be so called, stood and are to stand uncovered.

And Mr. Pryn one of their greatest Champions that did more than he should to magnify their Customs and Priviledges, was at length constrained to acknowledge that in all the Parliaments of King Edward the third Ri­chard the second, Henry the fourth, fifth, and sixth, Ed­ward the fourth, and Richard the third, the Commons in Parliament never claimed nor exercised an such Titles or Pryns Preface to the exact [...] of the [...]e­cord, in the [...] [...] [...] [...]. Jurisdictions as of late years have been usurped by them or given unto who never until they ran mad with Re­bellion who never presumed or pretended to make Print or Publish any Act Ordinance or order whatsoever re­lating to the People or their own Members without [Page 667] the King and Lords Assent and Concurrence, never at­tempted to impose any Tax, Tallage, Charge, Excise or Du­ty upon the people without the King and Lords consent, never adventured to appoint any Committee or subcom­mittee to hear and determine any particular business or complaint without the report thereof to the whole House Cromptons Ju­risdictions of Courts, and Cokes 4 Insti­tutes. of Commons, without the privity or Assent of the House by way of transmission or impeachment to their superior Authority and Judicature of the House of Peers never attached, fined, imprisoned or censured any person by their own authority without the Lords, as they have hundreds of late years done.

And that very famous Ancient and Great Republick of Venice Crowning their Doge with an Imaginary Crown for Venice and two other real and very Crowns, the one for Cyprus and the other for Candy, both Kingdoms re­vera in their actual possession, yet as the lesser in the greater bound up and captivated under a strange diver­sity of Forms and Cantons hath not the Priviledge to read a Letter without the Privity or overlooking of the grand Consiglio or Venetian Nobility, hath besides their many great Varieties and Fragments of Magistra­cy, Offices and Parts of Governments, cut into as many Parcels as they can to give every one as much Relish and hopes as their largely extended dominions can afford, are not without at the first 150, since augmented into the number of 3000 of those which they stile Nobility, Republick of Venice. and makes a principal part of the first quality or con­cern in their government, as our Bishops and Lords Temporal, the former being Barons as much as the lat­ter for their lives, although not as the latter in Fee or Fee-Tail, and amongst the many particles or pieces of their mangled government can allow their Doge to be the Superior, and more than Co-ordinate with all or any of the Avogardoit di Communite, & the Pregadi that are to guide their chief affairs of Estate, and consist of 120 Noblemen, some whereof have their rights of the Lot­tery or Balloting Box, their greatest Councel consists of the Doge, Consiglieri the Consiglio di dioci, the third Consig­liera de bassa, the three Lords of the Raggioni Vecchio, the three Lords of the Raggioni Nuevo the Cattaveri or the Inquisitors of truth, the two Censori, the three Provisori delli dieci Savii (or special wisemen) and that which should [Page 668] be the wonder, the Colledge of the Savii are to have no Vote in the Pregadi, and they of the Pregadi, can take no resolution except there be in it four Consiglieri, or at least 60 of the Nobility be of the Quorum, or that they do ordinarily give order to their Embassadors in all parts of the World whither they have been sent to Register, and give an accompt to their State or Senate, or whatever they can be called of the the several forms of government in other Nations and Kingdoms, and yet omitting the Feudal the best of all governments happily experimented in the most of their Neighbour Nations and Kingdoms so pertinatiously as they do, and have such an hotch potch or Gallimaufry of mixtures as we say in England, as if they were again to be dislocated or taken in pieces, that great republick planted betwixt the two great Empires of the West and East would in all probability be on a sudden in as great misery, distress and confusion, or greater than it was when they fled from the Ravage and Fury of the Huns and Vandals into the Arms and Bosom of the Gulf of the Adriatique Sea, and Mr. Selden hath informed us that in Seldens Titles of Honour. England in the Saxons time, and long after the middle Thanes and the Valuasers were not honorary as the greater Thegnes or Barons were.

And it may be worthy our observation, that although Mr. Pryn in his careful recapitulation before mentioned of the Lords Spiritual, the Bishops, and the Earls and Barons, the Lords Temporal, & excluding the Commons until after th 49th year of the Raign of King Henry 3. doth altogether negatively conclude that there were no Commons then present, yet when he comes to rectify, as he calleth it, the mistakes of the abridger, doth in Anno 5. E. 3. relate that the Estates in full Parliament do agree that they shall not retain, sustain or avow any Fe­lons or Breakers of Houses, which the King having com­manded before, is truly and properly to be understood Ro. Parl. 6. E. 3. of the Lords Spiritual and Temporal; And in another place of the said record mentioneth that the whole Estate prayed the King to be gracious unto Edward the Son of Roger Mortimer Earl of March, which could not inforce the King to be one of the Estates, or that there were any other or more Estates than the Lords Spiritual and Tem­poral.

[Page 669] Anno 6. E. 3. were Proclaimed the Articles agreed in the last Parliament, and 1, 2, 3. in another Parlia­ment intended to be at York, it is said that most of the Estates were absent, Sir Jeffry le Scroop by the Kings Command shewed the cause of summoning the Parlia­ment, but for that most of the Estates were absent, which might consist only of Lords Spiritual and Temporal, and the King ordained new Writs of Summons to be issued. In a reassembly at York in the same year, Articles of the last Parliament were proclaimed by the Steward and Marshal of the King and the Commons (not then said Estates) had license to depart, and the Lords command­ed to attend until the next day, at which time the Par­liament was dissolved.

In Anno 8. E. 3. It was petitioned that no pardons be 8. E. 3. granted unto outlawed persons by any Suggestions or means, but only by Parliament.

To which the King answered, the Statutes made shall be observed.

That all men may have their Writs out of the Chan­cry, paying nothing but the fees for the Seals, without any fine according to the great Charter nulli vendemus Justitiam, unto which the King answered, such as be of course shall be so, and such as be of grace the King will command the Chancellour to be therein gracious.

Neither doth it appear that the Lords Spiritual, who in the Raign of King Stephen, held three several Coun­cels in Secular Affairs, and of King Henry the 2d. were Dr. Brady in his History of England, from the Roman, British, Sax­on, Danish and Norman times, until 49 H. 3. sundry times Mediators employed by him in Treaties betwixt him and the King of France, or that the Lords Temporal, the other part of the House of Peers and Ba­ronage of England, subordinate under their King and Soveraign, did ever take esteem or believe the Members of the House of Commons in Parliament, jointly or se­parately to be a 3d. Estate of the Kingdom, for they neither had or enjoyed that Title or supposed Power. In Anno 17. of King John, in the Rencounter or Rebellion at Running Mede, when in a pacification there made with some of his robustious Barons, it was agreed, that if the Conservators (none of them which were then nomi­nated to be the Conservators of the Kingdom, being then called the Estates) could not obtain a just performance of that constrained agreement by a complaint made unto [Page 670] the King, or his Chief Justice of the Kingdom, populus not then dreamed to be a 3d. Estate, might [...]um pravare with a salvo or exception to the Persons of him, his Wife and Children do it, and were not so imagined to be, when the Popes Legat had by his Excommunication of that King, and Interdiction of the use of Christianity in the whole Nation, constrained him to do Homage to the Pope, by an Investiture of the Sword, Crown and Scepter, and an yearly Tribute of 1000 Marks for the Kingdom of England and Ireland, to the Church and See of Rome, that Engine or Trick of Soveraignty Inhae­rent in the People, or a 3d. Estate representing for them in Parliament, not then being thought necessary for a ratification of those that would magnifie themselves with that Factious and Fictitious Title of a 3d. Estate, which they durst not adventure to make use of, or mention in our Magna Charta, and Charta de Foresta, freely granted by King Henry the 3d. his Son, and that more than thir­ty times Confirmations, for the first whereof they be­lieved they had made a good bargain, when they had given unto that King the 15th. part of their moveables, and were not a 3d. Estate, or called so in the 42 year of the Raign of that King, when the Derogatory Act of Parliament to Kingly Government, was enforced from him at Oxford in the 42 year of his Raign.

Anno 13. E. 3. The Bishop of Durham, and Sir Mi­chael de la Poole came from the King with a Message to the whole Estates (which probably were then none o­ther than the Lords Spiritual and Temporal) concerning his Victories atchieved in France.

The Lords upon the Kings want of Money, grant to the King the tenth Sheaf of Corn (their Bond or Bond-Tenants excepted) their [...]h Fleece of Wooll, and [...]h Lamb for two years, the Commons then not stiled Estates, require time to go into their Countries to advise with those that sent them, the Commons (not Estates) return their Assent, and make several de­mands with a request, that the Sheriffs of every Coun­ty, may in the next Summons to Parliament, return two Knights girt with Swords.

A general Proclamation was made, that all Persons having Charters of Pardon, should resort to the Sea­coast for the Kings Service, upon pain to forfeit the same.

[Page 671] The Commons do give the King for his Relief 30000 Sacks of Wooll, upon conditions expressed in a pair of Indentures, whereupon the Lords promised to send to the King, to know his pleasure, after long Debating, the Commons promise to give presently to the King 2500 Sacks of Wooll, so as if the King liked the conditi­ons aforesaid, the same should run in payment, if not they would freely give it to him.

Remembrances of things not finished in one Parlia­ment, to be done in another.

They granted unto the King, the ninth of their Grain, Wooll and Lamb, for two years to be Levyed out of all Towns-men, the ninth of their Goods, of such as dwel­led in Forests and Wasts, a Fifteenth upon condition the King would grant their Petitions, contained in a Schedule, (so willing were the Commons to obtain, and get what they could from the King, and so little did they think themselves to be a 3d. Estate, or an entire, or any part of Soveraignty.)

Sundry Bishops, Lords and Commons, were appointed daily to sit, until they had reduced the aforesaid Grant into the form of a Statute, and was agreed upon by the King, and the whole Estates, which could not be ex­pounded, that the King was one of those Estates, or the other, any more than the Lords Spiritual and Temporal, leaving the Commons to be no more than they were in suis gradibus, no 3d. Estate, which beginneth, To the Honour of God, &c.

And such Articles as were to continue but for a time, the King exemplified under the great Seal, Know ye that with our Bishops, Earls, &c.

Certain Bishops and Lords requiring to be saved harm­less against the Duke of Brabant for great sums of Mo­ney, wherein they stood bound for the King, if the Duke of Cornwal married not the Daughter of the said Duke, which was granted, and all which Letters Patents were inrolled in Chancery.

And for that the King in his Stile was named King of France and had changed his Arms whereby,

The Abridger of the Parliament Rolls or Records, or Mr. Pryn the Rectifier or misuser of them hath given us a curtailed Abbreviation of the Parliament Remem­brances, in 14 E. 3. wherein all that the Abridger [Page 672] or Rectifier was pleased to give us, was that Subjects were no longer bound to him than as King of France, the Kings Letters Patents of Indempnity were granted beginning Edwardus, &c. Know ye that where some peo­ple intend, &c.

When as in the Printed Statute according to the Par­liament Record (for so it may better be understood to have been the Abridger or Rectifier so miscalled might have seen that the King by the Title of King of England and France and Lord of Ireland, by his Letters Patents under the great Seal of England, reciting that whereas 14 E. 3. some people did think that by reason the Realm of France was devolved to him as Right Heir of the same, and for as much as he is King of France, the Realm of England should be put in Subjection of the King and of the Realm of France in time to come, he having regard to the Estate of his Realm of England, and namly that it never was nor ought to be in Subjection to the obey­sance of the Kings of France, which for the time have been, nor of the Realm of France, and willing to pro­vide for the Surety and Defence of the Realm of Eng­land, and of the Leige people of the same doth will and grant and stablish for him and his heirs and Successors by the Assent of the Praelates, Earls, Barons and Com­mons (wherein if the Commons had in themselves an inhaerent Right of Soveraignty, they would neither have been troubled with any such fears of the French Govern­ment, or needed any such provision against it) of his Realm of England in this present Parliament in the 14th year of his Raign of England and first of France, that by the cause or Colour of his being King of France, and that the said Realm to him pertaineth, or that he came to be named King of France in his Stile, or that he hath changed his Seal or Arms nor for the Commandments which he hath made or shall make as King of France, his said Realm of England nor the people of the same, of what Estate or condition they shall be, shall not at any time to come be put in Subjection nor in obeysance of him or his Heirs nor Successors as Kings of France, nor be subject or obedient, but shall be free and quit of all manner of obeysanee, as they were wont to be in the time of his Progenitors.

For that Trick or Engine of metamorphosing the So­veraignty [Page 673] of the King into that of the people and by excluding the Bishops and Lords Spiritual out of the House of Peers in Parliament, unto which ab ultimo An­tiquitatis seculo since Christianity abolished Paganisme they were as justly as happily entituled and put our Kings and their Regalities in their places whereby to create unto themselves a co-ordination, and from thence by the Intrigues of Rebellion a Soveraignty in them­selves, which was not in the former and better Ages ever entertained or believed by our Parliaments when no Original pact or agreement hath been or can yet be discovered how or when the House of Commons came to be entituled unto their pretended inherent Soveraign­ty, or to be seized thereof by their representation of the people, or from whom they had it, or who gave it unto them, when it may be believed God never did it, for he that never used or was known to contradict himself, hath in his holy word declared and said, per me Regis regnant, which should not be misinterpreted and believed to be conditionally, if the people should approve or elect them for which the Gentlemen of Egregious Cavillations if they would be believed, should search and see if in all the Books of God and Holy Writ they can find any re­vocation of what God himself hath said and often declar­ed, for an undeniable truth, or that he ever discharged and renounced it by as infallible Acts and Testimonies.

But if any one that believes Learning and the inquires after Truth, Right Reason, and what our impartial Re­cords and Historians will justify how or from whence that Aenigna or mystical peice of Effascina of the Mem­bers of the House of Commons making themselves to be a 3 Estate of the Kingdom, and a Creed of the late Factio [...]s and Rebelling ever to be deplored Parliament, or from what Lernean Lake or Spawn of Hydras came. It may besides the Pride and Ambition of many that were the fomenters or Nurses of them be rationally [...] under­stood to have none other source or Original besides don Lancifer himself then for Sir Edwards Cokes unhappy stumbling upon his reasonless admired forged Manu­script and Imposture called Modus tenendi Parliamentum in Anglia in King Edward the Confessors Raign, there having been neither any Author or Record as Mr. Pryn hath truly observed to Justify or give any credit there­unto, [Page 674] but was as he hath abundantly prove [...] a meer Fig­ment and Imposture framed by Richard Duke of York 31. and 32. H. 6. by the Commons Petition and the Duke of Yorks Confederates by the Rebellion and Insurrection of Jack Cade and his Rebellious levelling party to make him that Duke of York Protector and Defender of the People, which ended in the dethroning of King Henry 6. and though Mr. Hackwel of Lincolns-Inne a learned An­tiquary hath adventur'd to say that he hath seen an Exem­plification of a Record sent from England into Ireland to establish Parliaments there after the form or Method of that Modus, yet when the learned Archbishop Usher pressed him much to see it, he could neither shew the ex­emplication nor the Record it self, neither of which are yet to be seen in England or Ireland, only Sir Edward Cokes Copy remains, but when or from whence he had it he was never yet pleased to declare.

13. E. 3. At the request of the whole Estate (which may most certainly have been thought to have been made to the King, not to themselves) those Arti­cles were made Statutes, and the Conditions were read before the King, and the Chancellor, Treasurer, Justices of both Benches, Steward of the Kings Chamber and others were all sworn upon the Cross of Canterbury to perform the same.

17. E. 3. The cause of summoning the Parliament being declared amongst the other things to be touching the Estate of the King (who was often absent in the Wars of France) and for the good government (which they whom the erring Abridger hath stiled the 3 Estates, viz. 1. The Lords Spiritual. 2. The Lords Temporal.) 3. The Commons in Parliament were to consult of so as if the Commons could be a third Estate, the King and his Estate and the government were, necessarily and only then and always to be understood and believed to be the 4th Estate principal, Superior and Independent.

18. E. 3. At which Parliament and Convention sundry of the Estates saith, that ill Phrasing Abridger or Trans­lator Ro. Parl. 15. E. 3. whoever he was, were absent whereat the King was offended and charged the Archbishop of Canterbury for his part to punish the defaults of Clergy, and he would do the like touching the Parliament whereof Proclamation was made, and being not absent, was neither likely to be an­gry [Page 675] with himself, or resolving to punish himself.

The Chancellor in full Parliament declaring the cause of summoning the Parliament, viz. The Articles of the Truce with the French King & the breaches in particular there­of, the whole Estates (mistakenly so stiled) were willed the King that willed or commanded being no part of them un­less it could be believed that himself willed or comman­ded himself as well as others) to advise upon them, & give their opinion thereof by the Monday next following.

20 E. 3. After the reading of the Roll of Norman­dy, and that the King of France his design to extirpate the English Nation, the Messengers that were sent by the King required the whole Estate (no such Title being in the Original (whereof the King could then be no part if it was said to be the whole Estate without him, for he could not be with them when he was absent in France, and had sent his Messengers unto them) to be ad­vised what Aid they would give him for the furtherance of his Enterprise.

And Mr. John Charleton one of the Messengers afore­said likewise bringing Letters from the Bishop of Dur­ham, Earls of Northampton, Arundel, Warwick, Oxford, Suf­folk, and Hugh le Despenser, Lord of Glamorgan, to the whole so misnamed Estate of Parliament (when the King could not be one of them, not at all being present) purporting that whereas the King at his Arrival at Ho­ges in Normandy had made his Eldest Son the Prince of Wales Knight, he ought to have of the Realm forty Shillings for every Knights Fee, which they all granted and took Order for the speedy levying thereof.

25 E. 3. Sir John Matravers pardon was confirmed by the whole missettled Estates (whereof the King could not be accompted any of them) for he granted the par­don.

28 E. 3. Richard Earl of Arundel by Petition to the King praying to have the Attainder of Edmond Earl of Arundel his Father reversed, and himself restored to his Lands and Possessions upon the view of the Record, and and the said Richard Earl of Arundels Allegation that his Father was wrongfully put to death, and was never heard, the whole Estates saith, that ill Translator adjudged he was wrongfully put to Death, and Restored the said Earl to the benefit of the Law (which none could do [Page 676] but the King who was petitioned, and having the sole in­terest in the forfeiture, was none of those which were wrongfully called the whole Estates)

37 E. 3. Where it is said that at the end of the Parlia­ment the Chancellor in the presence of the King shewed that the King meant to execute the Statute of Apparel, and therefore charged every State to further the same (the King could not be understood to charge himself.)

After which he demanded of the whole Estates (so as before mistaken) whether they would have such things as they agreed on to be by way of Ordinance or of Statute, they answered by way of Ordinance, for that they (being to take benefit thereby) might amend, the same at their pleasure. And so the King having given thanks to all the as aforesaid miscloped, Estates for their pains taken, licensed them to depart, which should be enough to de­monstrate that the Granter and Grantees were not alone or conjoynt, and that the King giving thanks to the Estates did not give it to himself.

42 E. 3. The Archbishop of Canterbury on the Kings behalf gave thanks to the whole (in the like manner mis-termed) Estate for their Aids and Subsidies granted unto the King (wherein assuredly the Archbishop of Canterbury did not understand the King to be any part of the whole Estate which the King gave thanks unto.

The Commons by their Speaker desiring a full decla­ration of the Kings necessity, require him to have consi­deration 4 R. 2. of the Commons poor Estate.

The King declared to the Commons that it was as ne­cessary to provide for the safety of the Kings Estate as for the Common-wealth.

Anno 6. Regis Richardi 2. after Receivers and Triers of Petitions named, Commandment was given that all persons and Estates (which imported no more being rightly understood than conditions or sorts of men) (miscalled as aforesaid) should the next day have the cause of summoning the Parliament declared.

11 R. 2. The Parliament was said to have been ad­journed by the common Assent of the whole Estates (the first time of the Lords Spiritual and Temporal be­ing called the Estates without or with the Commons joyned with them no such names or words, appellations [Page 677] or Titles were either known or in use, nor any such words or Titles as Estates being to be found in the Originals or Parliament Rolls before Anno 11 R. 2. for no more appeareth in the Original than in and under these ex­pressions, viz. Et mesme le vendredi auxint a cause & ce fest & solempnite de pasch estoit a progeno ii coveient le Roi les Seigneurs & tautx autres entendre a devotion le Par­lement & coe assent le toutz Estats le Parlement estoit conti­nez del dit vendredi tanque Lindy lendemain de la equin­ziesme de Pasch adonquez prochem ensuent & commandez per le Roy a toutz les Seigneurs & Communs du dit Parle­ment.

Quils seroient a Westminster le dimengo en la dite quinzi­eme de pascha a plustaid & sur ceo noevelles briefs furent [...]aiots a toutz les Seigneurs somons au dit parlement de yestre a la dite quinzieme sur certaine peine a limiter per les Seigu­ro qui seroient presents en dit Parlement a la quinzieme avant dite le quel Limdy le dit Parlement fust recommence & tenat son cours selont la request des Communs & grant de nostre Seigur le Roi avant ditz. And then but the inconsi­derate hasty new created word of the Clerks in a dis­tracted time, when the great Ministers of State in two contrary Factions, to the ruin of the King and many of themselves, as it afterwards sadly happened, were quarrelling with each other, and all the Bishops so af­frighted, as they were enforced to make their Protesta­tion against any proceedings to be made in that so dis­turbed a Parliament.

In Anno 21. R. 2. The Bishop of Exeter Chancellor of England taking his Theme or Text out of Ezechiel, Rex unius omnibus erat proved by many Authors that by any other means than by one sole King no Realm could be well governed; For which cause the King had assembled the Estates in Parliament to be informed of the rights of his Crown withheld, which Oration afterwards was to the same effect seconded by Sir John Bussey Knight, Spea­ker of the House of Commons.

King Richard the second being as a Prisoner in the Tower of London made the Archbishop of Can­terbury, and the Bishop of Hereford his Procurators to publish his Rem [...] of the Kingdom to the whole Estates.

Which whether at at that time distinguished or divi­ded [Page 678] into three doth not appear, viz. into Lords Spiritu­al and Temporal, and Commons could not comprehend the King, who was not to be present, but gave the di­rection and authority to his said Procurators, and could never have been understood to have been present, or one of them himself, or to have made such a prosecution against or for himself.

After the claim made unto the Crown of England in Parliament by Henry Duke of Lancaster, and a consulta­tion had amongst the Lords and Estates (not expressing that the Commons were a 3d. or any part thereof, it be­ing then altogether improbable that King Richard the 2d. or any other representing for him was there pre­sent, and to make one of the said pretended Estates as much out of the reach of probability, that King Ri­chard himself was one, or a Person then acting against himself, the Duke of Lancaster himself then affirming, that the Kingdom was vacant.

And when the Usurping King Henry the 4th. openly gave thanks to the whole Estates, (wherein is plainly evidenced) that himself neither was or could be under­stood to be then, or at any other time one of the said Estates.

The first day of the Parliament the Bishop of London the Kings Brother and Chancellor of England in the be­half H. 4. of the King, Lords and Commons, declaring the cause of calling the Parliament, and taking for his Theme Multitudo Sapientum, learnedly resembled the Govern­ment of the Realm to the Body of a man, the Right­hand to the Church, the Left-hand to the Temporalty, and the other Members to the Commonalty, of all which Mem­bers and Estates, the King (not deeming himself to be one) was willing to have Councel.

The Archbishop of Canterbury Chancellor of England by the Kings commandment, declaring the cause of the 9. H 4. Summoning the Parliament, and taking for his Theme Regem honorificate, shewed them that on necessity, every Member of mans Body would seek comfort of the Head as the Chief, and applyed the same to the honouring of the King as the Head. And in that his Oration, menti­oning the Lords Spiritual and Temporal, Knights, Citi­zens and Burgesses giveth them no Title of Estates, but the Kings Leiges.

[Page 679] In the presence of John Duke of Bedford Brother of Ro. Parl. 5. H. 5. the King Lieutenant and Warden of England and the Lords and Commons, the Bishop of Durham by his com­mandment declared that the King willed that the Church and all Estates should enjoy their Liberties (which could not include the King.)

It was ordained that all Estates should enjoy their Li­berties 1 H. 6. without the words Concessimus (which could not comprehend the King who granted it to them, but not to himself.

The Chancellor at the first assembling of the Parlia­ment 4 H. 6. declared, that the King willeth that all Estates should enjoy their Liberties, (which must be intended to others that were his Subjects, and not to himself that was none of them.)

The Archbishop of York Chancellor of England, de­claring 6 H. 6. the cause of Summoning the Parliament, said, the King willeth that all Estates should enjoy their Liber­ties, in which certainly he well knew, that the Person wil­ling or granting, was not any of the Persons or Estates to whom he willed and granted that they should enjoy their Liberties.

The Duke of Gloucester being made Guardian or Keep­er 9 H. 6. of England, (by the King sitting in the Chair) the Archbishop of York being sick, William Linwood Doctor of Laws, declaring the cause of summoning the Parlia­ [...]ent, said, that the King willed that every Estate should enjoy their due Liberties, which properly enough might be extensively taken to Military men and Soldiers, the Gentry, Agricolis opificibus all sorts of Trades, Labour­ers, Servants, Apprentices, Free-holders, Copy-holders Lease-holders, single Women and Children, Te­nants at Will, and which never were themselves Estates, but the several sorts and degrees thereof, where­in if any Law, Reason or Sense could make the King to be comprehended, an inextricable problem or question would everlastingly remain unresolved who it was that so willed or granted.

The King sitting in his Chair of State, John Bishop of Bath and Wells Chancellor of England, in the presence 11 H. 6. of the Bishops, Lords and Commons by the Kings Com­mandment, declared the causes of summoning the Par­liament, taking for his Theme or Text, the words sussi­piant [Page 680] montes Pacem & Colles Justitiam, divided it into three parts according to the three Estates, by the Hills he understood Bishops and Lords, and Magistrates, by little Hills, Knights, Esquires and Merchants, by the People, Husbandmen Artificers and Labourers.

By the which third Estates, by sundry Authorities and Examples, he learnedly proved, that a Triple Poli­tical vertue ought to be in them, viz. In the first Unity, Peace and Concord, In the second Equity, Consideration & Upright Justice, without maintenance; In the third, due Obeysance to the King, his Laws and Magistrates with­out grudging, and gave them further to understand the King would have them to enjoy all their Liberties.

Of which third Estates, the Chancellor in all proba­bility, neither the King, or they that heard him, did take or believe the King himself to be any part.

The 15th day of August, the Plague beginning to in­crease, the Chancellor by the Kings Commandment in the presence of the 3 Estates, (the Clerks Translator or Abridger being unwilling to relinquish their Novelty or Errors,) (of which the commonest capacity or sense, can never interpret the King to be one,) Prorogued the Parliament until the Quindena of St. Michael.

The Bishop of Bath and Wells Chancellor of England, 18 H. 6. in the presence of the King, Lords and Commons, de­claring the cause of the Summons of Parliament, said that the King willed that all Estates should enjoy th [...] Liberties, which might intitle the King to be the Party willing or granting, but not any of the Parties, who were to take benefit thereby.

It was enacted by the whole Estates, (which may be understood to be the King, Lords Spiritual, and that the Lords of the Kings Councel (none of theirs) should take such order for the Petition of the Town of Plymouth, as to them should seem best.

Letters Patents, being granted (by the King) to John Cardinal, and Archbishop of Canterbury of divers Man­nors and Lands, parcel of the Dutchy of Lancaster, un­der the Seal of the Dutchy, were confirmed by the whole Estates, for the performance of the last Will and Testament of King H. 5. though it was severed from the Crown, and was no part of the concernment thereof, nor had any relation to the Publick, or any Parliamen­tory [Page 681] Affairs, the King himself that granted the Letters Patents, could not be interpreted to be one of those whole Estates, which were said to have confirmed them.

By the whole Estates were confirmed King Henry the 6th Letters Patents, of the Erection and Donation of Eton Colledge, and also of Kings Colledge in Cambridge with the Lands thereunto belonging, which might well conclude the King, although he being the Donor, could not be believed to be any part of the whole Estates, who by their approbation are said to have confirmed his Let­ters Patents.

The Chancellor in the name of all the Lords in the 24 H. 6. presence of the King, protested that the Peace which the King had taken with the French King, was of his own making and will, and not by any of the Lords procura­tions, the which was enacted.

And it was enacted that a Statute made in the time of King H. 5. that no Peace should be taken with the French King, that then was called the Dolphin of France, without the assent of the three Estates of both Realms should be utterly revoked, and that no Person for giv­ing Counsel to the Peace of France, be at any time to come impeached therefore, which may demonstrate that neither the Dolphin of France, nor the King of Eng­land, were then accompted to be any part of the several 3. Estates of the said Kingdoms.

The King by his Chancellor declared that he willed 25 H. 6. that all Estates should enjoy their Liberties, it cannot be with any probability supposed that either he or his Chancellor intended that himself was one of the said Estates.

The Archbishop of Canterbury Chancellor of England, 28 H. 6. in the presence of the King gave thanks in his behalf to the 3. Estates, wherein no Grammar or Constructi­on of Reason or Sense, will ever be able to comprehend the King.

The 17th day of December, the Chancellor in the 29 H. 6. presence of the King and the 3 Estates; (which is surely to be understood to consist of other Persons separately and distinct from the King) Prorogued the Parliament until the 20th day of January then next ensuing, at West­minster, and upon the 28th day of April, was likewise Prorogued to the 5th day of May next following.

[Page 682] The Archbishop of Canterbury Chancellor of England, 33 H. 6. in the presence of the King, Lords and Commons, de­claring the cause of Summoning the Parliament, said, that the Kings pleasure was, that all Estates should en­joy their Liberties, which could not signifie that the King himself was one of those Estates to whom he gran­ted that favour.

The 25th day of December, the Chancellor in the pre­sence of the King, and the 3. Estates by the Kings 38 H. 6. Commandment, giving thanks to the 3. Estates (the King being then by the Chancellor, or any other Mas­ter of Reason or Common Sense, not understood to be any one of the 3. Estates to whom the thanks were given) dissolved the Parliament.

An Act of Parliament was made, wherein was decla­red that King Edward the 4th was the undoubted King 1 E. 4 of England, from the 4th day of March last before, and that all the Estates yielded themselves obeysant Subjects unto him and his Heirs for ever, (the late never to be maintained Doctrine of the pretended co-ordination of the House of Commons in Parliament, as Subjects with their Soveraign in Parliament, and the Government being not than that established, or ever to be evidenced other­wise then God hath ordained a co-ordination betwixt the King and his Subjects, which is, that the People as Subjects should obey their King, and the King as their Soveraign Protect, Rule and Govern them,) and affirm­ed the Raign of King Henry the 4th to be an Intrusion, and only Usurpation.

The Chancellor, the King sitting in his Royal State, in the presence of the Lords and Commons made an E. 4. Eloquent Oration, wherein he declared the 3. Estates to comprehend the Governance of the Land, the pre­heminence whereof was in the Bishops, the second to the Lords Temporal (which the learned and men of that Age, and other Chancellors understood to be no other than two separate and distinct Estates, the one Temporal, and the other Spiritual, and the King to be Superiour.

The Bishop of London Chancellor of England, in the presence of the King and the 3. Estates, (the King be­ing 14 E. 4. none of them, but Superior over them all,) Pro­rogued the Parliament to the 6th of June ensuing.

For where the Abridger, or Mr. Pryn possessing him­self [Page 683] to be the Rectifier, or Corrector, amongst his other faults and mistakings in his Epitomizings made it to be in the Parliament Rolls of 6 Edwardi 3. that many fail­ing to come to the Parliament upon the Summons of the King, did put a charge upon the whole Estate by a re­assembly, he will find neither words or matter for it.

All that appears of the Title of Estates in the Parlia­ment and Statute Rolls of that year, is no more than the Prelats grants & gentz du Commune, or les Prelats, Counts, Barons, gentz des Countez & gentz de la Commune.

No whole Estate mentioned in the Parliament Roll, 15 E. 3. all that is said n. 42. is no more than a les requests des grantz come de ceu [...] de la Commune, & de le Clergie.

That which is translated the Estate of the King, is no 17 E. 3. more in the Parliament Roll n. 5. than les beseignes nostre seigneur le Roy, & de son Royame.

Where the Abridger saith the Parliament was to treat and advise touching the Estate de nostre Seigneur le Roy, & le Governement, & le salnette de sa terre d' Angleterre, & de son people, & relevation de lour Estate, there is no other mention of Estates than the Prelatz, grantz, & Com­mons de son roiame, and charged les Chinalers des Countes and Commons to assemble in the Chamber de Pinct.

A quel Jour vindrent les Chivalers des Counties & au­tres Commons, and gave their advice in a Petition in the form ensuant a tres excellent, or tres honorable Seigneur les gentz de vostre Commun soy recommandent a vous obeysant­ment en merciant se avant come leur petitesse powre suffice de & tant tendrement pervez a quer & maintenir la pees a la quiete de vostre people, &c.

Et en maintenance des autres Leyes as autres Parliaments devant ces heures grantees vostre poure Commons sil vous plaist sa gree & semble a la dite Commune & totes autres choses poent suffisantement estre rewelez & Terminez en Bank le Roy Commune Bank & devant Justices as Assises pren­dre nisi & les delayes nient covenable soient aggregez & ou­stez ore a ce Parliament per estatut.

En. Ro. Parl. 18. E. 3. Where the King desired the names of the absent Lords, that he might punish them, there is no mention of the Clergy or Commons, or of any Estates, and the King afterwards desiring their ad­vice touching his Treaty with France, charged the Prelats, Countz, & Barons et Communs, to give their advice therein.

[Page 684] Which they all did without naming themselves, or being stiled Estates.

The Kings Letters of Credence sent out of France to his Ro. Parl. 20. E. 3. Parliament in England, were directed a toutes Ercheves­quis evesques, Abbes, Priours, Counts, Barons, & toutz autres foialx le Roy, & vendront au dit Parlement troter sar les beseignes le Roy, whereupon he demanded an Aid of the said Prelats grantz & Communs.

And the Lords (without the Title of Estates having granted it,) the Chivalers des Counties, Citizens & Bur­ges des Cities & Burghs, Prioront de avoir avisement entre eux, and in Answer thereunto, delivered a Petition unto the King for redress of Grievances, (not by the name of the Estates) but a nostre Seigneur le Roy & a son conseil [...]gentz de la Communes de sa terre ausi bien des [...] & [...]de Counties.

Where it was supposed that a Pardon was granted, and [...] [...] a [...]to Sir John Matrevers of all his Lands by the whole Estates, there appeareth no more in the [...]ment Ro [...] than that he Petitioned, A nostre Seig­neur le Roy & a son bon conscil, wherein he recited that Restitution had been granted, de poiar royal nostre Seig­neur le Roy par bor accord [...] Common assent des Prelatz, Co [...]es, Barons, de son Roialme par plusieurs causes, ap­pearing in the [...]ings Charter of Pardon, and prayed quil p [...]st a nostre dit Seigneur le Roy, & a son bon conscil par la bo [...]dance de sa Noble Seignorie granter & la restitution scisdite p [...]usse estre ore renovelle en cest Parlement quelle Pe­tition lue fut respondue & endorse par les Seigneurs & au­tres grantz du Parlement quil semble an conscil & la Char­tre doit estre renovelle & entre en roule du Parlement & est de Record sil plest au Roy, & pour ceo & mesme cesse Peti­tion fust pius monstre au Roy, & il ad ottroie, & aussint est ottroio per la Commune soit la dite Chanre renovelle per accord de tut le Parlement, & entre en roule de meisme le Parlement en le meliour mannere & pourra estre pour bone & gremdre assurance del estat le dit Johan, in and by which, the King repealing the Judgment given against him in Parliament. Judicio predicto non obstante, saith only, nos ad requisitionem praedicti Johannis, & pro majo­ri securitate status ipsius Johannis de assensu praelatorum du­cum Comitum, Baronum, & Comitatis Regni nostri Angliae in praesenti Parliamento nostro existentium restitutionem praedictam ratisicamus &c.

[Page 689] The Archbishop of Canterbury, and those many Suf­fragan Bishops and Clergy of his Province, not at that time deeming themselves to be an Estate, Soveraign or Governing either in or out of Parliaments, when in that Parliament they Petitioned unto him in this manner, a nostre Seigneur le Roy supplient ses humbles Chapelleius Sy­mon par divine soefrance Erchevesque de Canterbury, & ses frereres Evesques de sa Province par eux & tote le Cler­gie quil pleise a nostre dit Seigneur le Roy pour le reverence de dieu, et de Sainte Eglise et a sa benignite a eux granter et confirme totes les liberties et privileges et droits grantez et donez par lui et ses nobles progenitors avant ses heires a sainte Eglise par leur Chartres Estatuts et Ordinances &c.

Where it was in the Translation mistakenly said, that Ro. Parl. 40. E. 3. n. 16. the King gave thanks to the whole Estate, and licensed them to depart.

The Record is only, et si faict mercia le Roy as Prelatz grantz, et Communs de leur venir et leur bone port en Par­lement, et leur done congie a departir, et issint finist le Par­lement.

Anno 42. E. 3. When the English Abridgment or 42 E. 3 n. 7. & 8. Translation saith, that the Archbishop of Canterbury on the [...]ings behalf, gave thanks to the whole Estate for their Aids and Subsidies.

The original in the Parliament Roll is no more than, et le Samedy suant les Communs esteanuts en la dite cham­bre Blanche fueront charges quils faissent leur Petitions, et quilles baillerent le meskerdy sumant.

Et le Lundy Suant les Prelatz grantz en mesme la Cham­bre esteant fut monstrez a eux par lerchevesque coment le Roy leur mercie de grant Cuer de plusieurs aides quils lui avoeint faitz et meement des darreine aide quils lui facerent en le darrein Parlement des Subsides et Customs a lui grants de Leynes Quiers et Peaux lanuz pour un temps et ce fut il que le grant fust chargrant a son people nient moins per vint an demora au profit ou encres de lui per cause des grant chargez et payements faits et sustemis [...]y bien a Caleis Guines Pontiff, et ses autres terres de la come d' Irland, et la marche de escoce que leur plat par tant avoir considera­tion a son Estat et honeur, eta sgrantz charges que lui avoient faire et sustenue deners le marche d' Escoce pour la salvation dicelle pour cause qui semble plus la guerre qui pees par les respons des Escetz Sur que les choses les Prelatz et grantz en deliberation plein ove les Communs de une accord granterent a nostre Seigneur le Roy en aide de son, et ho­neur [Page 686] somner et gardez et les grants custages que lui coment faire, et mettre par diverse voies les Subsides, et Customs de laynes, &c. par deux Aus prochein ensuant qui passe hors du dit roialme.

After which followed the Petitions des Commons, with­out any Title of Estate.

The Chancellor on the Kings behalf, commanded the Ro. Parl. 4. R. 2. Prelats, Seigneurs and Commons, there being to continue there until le besoignes del Roy were finished, and not to depart without License, and the Commons do in their Petitions stile themselves no otherwise than voz pouvrez et liges Commons.

Item prient la Clergie.

And the Commons made their Declaration in these and no other words, a nostre Seigneur le Roy, et a son conscilpar la Commune d' Angleterre.

Item prie le Commune at coine ils se sentent de jour en autres our a­genses estre grievez par pluralitez des guerre as constage importables et plese nostre Seigneur le Roy, et son sage conseil ordonne ent remede qur tieuxchargez autre porter la Commune ne purra en nul manere sus­teiner.

Unto which the King answered, le Roy le fa [...]e volunters ses honeurs, et Estat [...]ond [...]z salvez all which put together, do not declare the Commons, to be a third Estate, and no ways agreeth with the Abridgers Translation, that the Commons by their Speaker, requiring the King to have consideration of their poor Estate.

He answered that it was necessary to provide as well for the safety of his own Estate as for the Common-wealth.

Where the Abridger or Corrector Translates, after Re­ceivers and Triers of Petitions named, commandment was Ro. Parl. 6. R. 2. given, that all Persons and Estates should return the next day, to hear the cause of Summoning the Parliament de­clared.

The original saith no more than, Touz ensemblez en my des Prelats et Seigneurs avant duz appellez eux Chancellor Terminer Se­neschall Chamberlaine, et les Sergeantz le Roy quat il beseignera, et tiendrout lour place [...]n la Chambre Mercalfe.

Et le Roy vous commande et vour retornez le de maine per temps pur avoir declaration en place especial manere sur les causes des le so­monce avant dite, et en oultre le Roy commande a touz et avoient la dite somonce quils vieguent de jour en autre audit Parlement et quils ne se absentent mye en de protentdycell sans especial congie de lui sur peril q' appont.

The Bishop of Exeter Chancellor of England, at the assem­bling [Page 687] of the Parliament, taking his Text out of the Pro­phecy of Ezekiel, Rex erit unus omnibus, alledging the Power that ought to be in Soveraign Kings and Princes whereby to Govern, and the Obedience in Subjects to Obey, and that all alienations of his Kingly Priviledges and Prerogatives were reassumable, and to be repealed by his Coronation Oath, pour quoi le Roy ad fat assembler de Estatz de Parlement a cest faire pour estre enformez si ascun droitz de sa Corone soient sustretz on amemuser a sin que par lour bon advis & discretion tiel remedie puisse estre mis & le Roy puisse esteer en sa libertie ou poir Commune ses Progenitors out este devant lui & duissent de droit non ob­stante ascun ordinance an contrarie, & anisi le Roy as Tenez & les governera, in which Speech of the Chancellors, no man as it is sufficiently probable, did then [...]nderstand the King to be a part of the Estates he was speaking unto, who if they could then in a time of Faction and Trouble of State, that had then affrighted and disturbed the greatest part of the Nation, have had any thought or imagination, that their King was so comprehended in that Novel word Estates, had a fair opportunity to have entred their claim to that Triumviracy, or never to be proved Co-ordination, or which would be beyond a lurking Soveraignty, for the Common People to resort when they please, and were in the same Parliament af­terwards so little elated with the expression of the Clerk of the House of Peers, in the entry of the Record of the Kings vacating of the Earl of Arundels Pardon, par assent de touz le Estats du Parlement, as they made their Pro­testation, and prayed the King that it might be Inrolled, that it was not their intent ou volunte, to impeach or ac­cuse any Person in that Parliament, sans Congie du Roy, and if they had been any such Estates, as some of late would entitle them unto, did not perceive themseves to have been then so great, or in Partnership with their So­veraign or above him.

And thereupon the Chancellor by the Kings command likewise declared that, nostre Seigneur le Roy considerant coment plusieurs hantes offenses & mesfaits outestre faitz par le people de son Roialme en contre leur ligeance & l' estat nostre Seigneur le Roy & la loie de la terre devants ces heu­res dont son people esciet en grant perill & danger de leie & lour corps, & biens, & voullant sur ce de sa royalle benig­nite [Page 688] monstre [...] faire grace a son dit people a fyn quils ayent le greindre corage [...] volonte de bien faire de leur mieux porter devors le Roy en temps avenir si voet & grante de faire & ease & quiete, & salvation de [...]on dit people une gene­ralle pardon a ces liges fors [...]ris certaines pointz limitez par le sonuant la sui [...]e al partie forspris cyn quont persones queux plaira au Roy nomez & touz ceux qui serront Empeshez en ce present Parlement, & dit oustre que le dit Roy voet que plein d [...]oit & Justice soyent faitz a Chastun de ses liges qui en voilent complandre en cest Parlement, & ad ordinez, & assignez Receivers & Triers des Petitions en cest Parle­ment.

And did in pursuance thereof in full Parliament, excuse the Duke of Yorke, the Bishop of Worcester, Sir. Richard le Scroop then living, William late Archbishop of Can­terbury, Alexander late Archbishop of York, Thomas late Bishop of Exeter, and Michael late Abbot of Walton, then being dead of the [...]xecution, and intent of the [...]om­mission made in the tenth year of his Raign, as being assured of their Loyalty, and therefore by Parliament restored them to their good name

And Sir Edward Coke might have bestowed a better gift unto the Laws and Lawyers of England, and his na­tive Countrey, than that Pandoras Box or Circes in­chantment in his doted upon, or so much admired modus tenendi Parliamenta, which he at an adventure, not knowing himself from whence that Bastard came, but was as a Foundling so young, left in the streets, as it could neither declare who was its Father or Mother, and that which was something marvelous, none had the luck to find it, and in charity pay for the nursing of it, as himself and the Name of that nurse, as unknown as the Father or Mother or progenitors thereof, and made himself so much assured of it, as if he had been present, when that Modus supposed to have been made by [...]ing Edward the Confessor was read before King William the Conqueror, and approved by him, & could not forbear but his fourth part of the Institutes, or Comment upon Little­ton, but he must frequently use it, but transmitted into Ireland, to be there observed in King Henry the seconds Raign, which there as little to be found Recorded and Authenticated, or Legitimated, as it hath been in Eng­land, as hath been before mentioned, and grew so [Page 689] over-fond of it, as he hath as he thought, done no lit­tle piece of Service to after Ages, to insert it as an espe­cial part or undiscernable point or parcel of Law, al­though he might have seen that Mr. Selden would not not oblige himself or his Readers to walk along with him in his over-credulity, and all our Records both of England and Ireland, and all our Historians and Anna­lists, as well Coaeval as of nearer times. as Ordericus In­gulphus Vicalis, Eadmerus, Malmesbury, Simon Dunelmen­sis, Hovedon, Huntingdon, Florentius, Wigornensis, Nubu­gensis, Matthew of Westminster, Matthew Paris, Trevisa, Chronica, Johannis Brompton, Walsingham, Giraldus Cam­brensis, Matthew Parkers Antiquitates Ecclesiae Brittanicae, Hollinshead, Daniel Speed, Fox, Spelman, and many others cited by Mr. Pryn in his manifest Proofs, Evi­dence, Conviction, Discovery and Refutation of that modus tenendi Parliamenta, to be full of Falsities, Forge­ries and Errors, a fabulous Legend and meer Imposture, to furnish out Jack Cades Rebellion in the latter end of the Raign of King Henry the 6. for the advance of Richard Duke of Yorks Title to the Crown of England, and if there had been such a modus, it may be more than an ordinary wonder, that the Conquered and Inslaved Peo­ple Chroms Litch­field. of England should precibus & fletibus, beg of the Conqueror Sir Edward the Confessors Laws, whereupon he Anno quarto regni sui Angliae, caused to be summoned, concilio Baronum suorum per universos regni Angliae [...] Consula­tus Angliae Nobiles sapientes, & in sua lege eruditos ut eo­rum L. L. Edward Confessors. leges & Jura, [...] consuetudines ab ipsis audiret Electi igitur de singulis eorum patriae Comitatibus viri duodecim Jure Jurando primum coram Rege confirmaverunt ut quoad possent recto tramice incedentes nec ad dextram nec ad sinis­tram divertentes legum suarum & consuetudinum sancita pa­tefacerent nihil praetermittentes, nihil addentes, nihil prae­varitando mutantes, a ligibus igitur sanctae matriis Ecclesiae sumentes exordium quantum per eam Rex et Regnum solidum subsis [...]ens haberet fundamentum leges libertates & pacem ip­sius confirmati sunt, there never having been before or since such a solemn Jury, either in the Raigns of our Brittish, Roman, Saxon, Danish and Norman Kings, or their many succeeding Kings or Princes, sworn and im­pannelled by a King himself, or in any Nation of the World, that any History or Record hath been able to [Page 690] give us an account, and yet in the Verdict and return thereupon made, faithfully written and Recorded by two Bishops, there is not a word or syllable, or any the least mention, or intimation of that modus tenendi Par­liamentum, or any the pretended Rights or Priviledges of Parliament in those our late infatuated and rebellious times, so quarrelled and grasped without any manner of evidence and colour, and although in the beginning of the Raign of King Charles the Martyr, he could in the House of Commons in Parliament, weep and lament with tears the supposed dangers with many he knew not what to call them fears and jealousies, and procured ma­ny of his Fellow Members to bear him Company, did take care out of his modus tenendi Parliamentum, to bless after Ages with a parcel of its levelling Doctrine, which might make the broken pieces of the Monarchy of Eng­land never able without God's mercy to be cemented or Rushworths Historical Collections, or Pryns con­futed modus [...] Par­liament. put together again, but remain incurable by that means and help more than ordinary, which Mr. Selden thinks was written long after the Norman Monarchy, and the Title of it is so false, that it too much disparageth the Treatise.

And that fictitious modus hath six distinct pretended Selden tit. ho­nor. part. 2. pag. 613. Estates, wherein Sir Edward Coke was pleased to allow our King to be Caput Principium & finis Parliamenti, whom all other mistakers, & the Bill or Instrument that made Richard 3. an usurping King, made but three Estates, two or three of which degrees or States never sat in Par­liament before, or during the Conquerors Raign, nor many years after, saith Mr. Pryn, Et pacem non habet in suo Pryns confu­tation of that [...]dus p. 601. gradu, (as that modus is pleased to allow him, Et ita Rex solus est primus gradus. 2. (gradus est ex Archiepiscopis, Episcopis, Abbatibus, Prioribus, & aliis Clericis qui Baroni­as tenent, 3. gradus est ex procuratoribus Cleri, 4. gradus est ex Comitibus, Baronibus, & aliis magnatibus & proteribus, tenentibus ad valenciam Comitatus & Baroniae, 5. gradus est de militibus Comitatuum, 6. gradus est de Civibus & Burgensibus, & ita est Parliamentum de sex gradibus, & sciendum est quod licet aliquis dictorum quinque graduum post Regem absens sit dum tamen omnes praemonici sint per rationabiles summonitiones Parliamentum censetur esse ple­num.

And that special Engine or Machine of the Devil could not fail of a great effect in the furnishing out and pallia­ting [Page 691] that damnable and hypocritical Rebellion, which for almost fifty years last past hath miserably infatuated and ruined England, with damage and mischiefs in a­bundance to Ireland and Scotland, and the loss almost of some hundred thousand mens lives, and the ruin of very many Families, unto which that modus tenendi Par­liamentum was a compleat directory, and to all our Rebel­lious Confusions and Troubles after happening, and intro­ducing the Murder of the Blessed King Charles the Mar­tyr.

And was not like to produce any better consequence than the dislocating and tearing in pieces a most happy kind of Government, and transferring a well established Monarchy into the said fatality of an Anarchy, no where to be found amongst all the Monarchies of Christendom, or any other parts of the World, or any the Ideas of Pla­to, or any Legislators of the World, Sir Thomas Moores Utopia, or that which Gonzagua and his Geese found in that of the World in the Moon, or that which would not long have satisfied Wat Tiler, Jack Cade, John of Leyden, Massinello, or the Rabble of their State menders, or Propagators of their Rambling Fancies, one part of which modus hath this special Doctrine, Et sciendum est quod duo milites qui veniant ad Parliamentum pro ipso Co­mitatu vocem habent in Parliamento in concidendo & con­tradicendoquam Majores Comites Angliae, & eodem modo pro­curatores Cleri unius Episcopatus Majorem vocem habent in Parliamento si omnes sint concordes quam Episcopus ipse, & hoc in omnibus quae ad Parliamentum concedi negari vel fie­ri debent, ex hoc patet quod Rex potest tenere Parliamentum in Comunitate Regni sui absque Episcopis Comitibus & Ba­ronibus dum tamen summoniti sint ad Parliamentum licet nullus Episcopus Comes vel Baro ad summonitionem venerint quia olim nec fuerat Episcopus, Comes nec Baro, & adhuc tunc Reges tenuerunt Parliamenta sua sed aliter est e contra licet Communitates Cleri & Laici summoniti essent ad Par­liamenta sicut de Jure debent, & propter aliquas Causas ve­nire nollent ut si praetenderent quod Rex non regeret eos sicut et assignaret specialiter in quibus Articulis eos non rexerat, Parliamentum nullum est omnino (at their will and plea­sure) licet omnes Archiepiscopi Episcopi Comites & Barones eorum pares cum Rege interessent, (a large Priviledge if Sir Edward Coke were alive to see, if he could with a [Page 692] Torch Fanatically lighted, it authenticated as such Char­ters used to be with many Witnesses, for a farthing or small Candle will never be able to do it,) and it seems that that part of the modus, or the residue of that incre­dible Tale or Story was not ready at hand, when he was Speaker of the House of Commons in Parliament, when Queen Elizabeth charged him to tell that House, that it was only in her Power to Summon, Prorogue, Ad­journ and Dissolve Parliaments, which he without any contradiction of what she had spoken unto him faithful­ly related unto them, and they as little denied, et ideo oportet quod omnia quae affirmari vel informari concedi vel negari aut fieri debeat per Communitates Parliamenti con­cedi quae est ex tribus gradibus sive generibus Parliamenti Heywo [...]d Town [...]send Reports of the four last years of Queen Eliza­beths Raign. scilicet ex procuratoribus Cleri, Militibus Comitatibus Bur­gensibus qui repraesentant totam Communitatem Angliae, & non de magnatibus quia quilibet eorum est pro sua propria persona ad Parliamentum, & pro nulla alia.

And that levelling Doctrine will want a confirmation in a Record of 11 H. 6. the original whereof is only thus.

Memorandum quod octavo die Julii Anno Regni Henrici Regis post Conquestum undecimo ipso dom. Rege in Parliamen­to Ro. Parl. 11 H. 6. suo apud Westmonasterium tunc convocato sede sua Regia in Camera depicta residente praesentibus etiam tunc ibidem il­lustrissimis Principibus Bedford & Gloucester ducibus ac Re­verendissimo in Christo Patre Henr. Cardinal. Angliae cae­terisque quam pluribus Prelatis Proceribus & Communibus Regni Angliae ad Parliamentum praedict. authoritate regia convocatus venerabilis pater Johannis Episcop Bathon & Wel­len Cancellarius Angliae causam Summoniconis ejusdem Par­liamenti ex ipsius domini Regis mandato egregio assumens pro suo Themate suspiciant montes Pacem & Colles Justici­am in quibus Rex verbis asservit quod triplex regni status potuit ut sibi videbat rationabiliter annotari (several de­grees or conditions of men videlicet, per Montes Praela­lati Proceres & Magnates per Colles Milites Armigeri & Mercatores, & in populo Cultores Artifices & Vulgares, (used to be Elected to come to Parliaments in those days) Quos quidem status enuncialius exponend. asserint & ser nonnulla autoritates Historias & Exempla summaria demon­stravit quod triplex deberet virtus politica eisdem tribus sta­tibus specialiter pertinere videlicet Prelatis & Magnatibus [Page 693] pax veritas & vera concordia absque sictur. vel dissimula­tione.

Militibus & mediocribus aequitas & mera Justitia absque manutenentia & pauperum expressione vulgaribus vero vel inferioribus voluntaria Regi & ejus Legibus (when he in­tended none of the three several States to be allowed the Legislative Power) obedientia absque perj [...]rio & manute­nentia.

Ex quibus si in Regno Angliae [...]aliter se haberent maxima de conqueacencia ac Regi & Regno Commoda quam plurima fine dubio pervenirent ad providend. igitur qualiter in Regno montes praedicti pacem suscipiant Colles que Justitiam vul­gari populo administrant ipsi etiam populi vulgares eo­rum antiquis relictis perjuriis divinis legibus & humanis plus solito fideliter obediant & intendant prefat. dominus noster Rex ex sui sani avisamento concilii dictum presens Parliamentum facerit convocari volens & concedens quod praefati Magnates & Comitates praedict. (without giving either of them the Title of Estates) omnibus & singulis libertatibus & quietanciis eis per nobiles Progenitores ipsius domini Regis quondam Reges Angliae concessis & per eun­dum dominum Regem confirmatis & minime revocalis nec per legem Angliae revocabilibus set per eosdem Prelatos & Magnates, & Comitatem bene & rationabiliter usitatis gaudeant & ut antur dedit insuper prefat. Cancellarius prae­dict. Communibus (without any Title of Estates) nomine Regio firmiter in mandatis quod in eorum domo Communi antiquitus u [...]tato in Crastino convenirent & eorum prolocu­torem eligerent, & sic Electum prefat. Domino Regi [...] ea celeritate qua commode poterant realiter presentarent.

Et ut Justitia conqueri volentibus possit celerius adhiberi idem dominus noster Rex certos Receptores & [...]riatores pe­titionum in praedicto Parliamento exhibend. constituit & assignavit.

Item 13. die Augusti Anno presento domino Rege & tri­bus Ro. Parl. 11. & 12 H. 6. m. 11. regni statibus in presenti Parliamento existentibus (which being but a Phrase or Expression of the Clerk could reach no further than the Chancellors meaning in his before mentioned Speech, relating several so [...]s or qualities of People then assembled in Parliament) post gratias redditas ex parte domini Regis & ejus mandato Communibus regni (without any Title or Stile of Estate) [Page 694] tunc ibidem presentibus deorum bonis diligentiis & laboribus circa ea quae sibi ex parte regni injuncta fuerunt exhibitis & ostensis praefat. dominus Cancellarum de mandato ejusdem domini ulterius declaravit qualiter idem dominus Rex ipsorum Communitat. relatione conceperat quod in Civitate London et Suburbiis gravis pestilentia ceperat oriri qualiterque prefat. Communes (without the appellation of Estates) plenam et particularum informationem et nolitiam notarium extorsionum oppressionum manutent et aliorum defect. in dicto regni habitorum unde idem dominum Rex certiorari affectabat per eosdem nullatenus habuerint attendens etiam idem dominus Rex qualiter tempus Autump [...]ale in quo magnatibus circa suas recreationes et deductas (without any Title of Estates) insisquet Communibus (with no Title or Estates) circa suarum messium congregationem intendere competabat similiter [...] ­propinguabat.

Quibus de causis et presertim ut prefati Communes (without any other Title) de extorsionibus oppressionibus riotis manutentiis et aliis defectibus praedictis particulariter informari possent ac dictum do­minum Regem inde plenius edoteri idem dominus Rex dictum presens Parliamentum usque xv. nam post festie scilicet Michaelmis tunc proxim. futurum apud Westminster voluit prorogari ac illud realiter prorogavit omnibus et singulis quorum interfuit firmiter injungendo quod apud Westminster. dict. xv. die excusatione quacunque cessante personaliter convenirent ad tractandum comitandum et consentiendum super hiis quae tum ibidem pro pacis bono et Regis et regni commodo favente domino contigerit ordinari, &c.

And it is not a little remarkable how a man of so great learning and practise in the Laws of England, as the afore­said Sir Edward Coke, should either be so much bewitch­ed with that modus tenendi Parliamentum, and at the same time so much admire Littletons Book of Tenures as he believed many of his & caetera's, or abbrieviations there­in to comprehend some more than common or ordina­ry point, or special matter of Law worth the enquiry, and not be able to understand that the Feudal Laws were the Fundamental Laws of England, and supporters of the Ancient Monarchick Government thereof, and were nearly allied to the Civil or Caesarean Laws with their Patroni or Clients, and have descended unto us from the Longobards, Brittains, Saxons, Goths and Vandals, and other Northern Nations, now and very anciently the Laws whereby for the most part all Christendom is and hath been Governed, and that that excellent Book of Littleton, who was a Judge in the Raign of King [Page 695] Edward the fourth now not above 219. years ago, contained a Compendium Summary and Practice of our Feudal Laws, those best, most wholesome, firm and ob­liging Laws in the World, then and long before used in England, should be so little acknowledged or beloved by Sir Edward Coke, whose principal care and design hath for a long time been to disparage and bury them in Ob­livion, by his over-much magnifying that fatal and grand Imposture of modus tenendi Parliamentum, made it to be the Machine or Engine to batter and destroy our For­tresses of Loyalty, and should not have allowed his Ad­mirers as much or more than he did his and our Littleton, to believe either that Empusa or Modus to be as a Creed to a People in that Frenzy, and almost national infatui­ty, wherein to he and his beloved modus had perswaded them, and by the help of the Master of all Craft and Subtlety, turned our Laws out of their Ancient Inheri­tance, and by stiling our Feudal Laws, the Common Laws by the Hocus Pocus Insolence, and Perjury of Par­liament Rebellion now almost of fifty years continuance, rendred us to be like the Jews in their seventy years Cap­tivity, who so forgot their Primitive Language as they were enforced to crave the incertain help of the Mazo­rites to understand their own Language, and by creep­ing themselves into that which our Rebel Innovates would have called a third Estate, made themselves the Governing Essential and Constituent part of the Parlia­ment, the generale Consilium or Colloquium of the Nati­on, in arduis not in omnibus but quibusdam, being the most useful, wholesome and profitable in and through all the Christian World, and so experimented where they are kept in their due and proper Limits and Boundaries in a due Obedience to their Kings and Soveraigns, and cause as many as they can to believe them, that they as representing the People, (who never trusted them to any or the like purpose) have an Inherent Right of So­veraignty in themselves to accuse, depose, or murder their Kings, and Elect or Choose another, turn a Mo­narchy into a Republick or Common-wealth, when there had not been in England, within the memory of any true Record or impartial History any one before, framed by a Factious and Unquiet Party of Rebels in Parliament, under the basest of Hypocrisy that ever [Page 696] was practised in the World, upon the pretence of setting Christ upon his Throne.

And could not be content, until they had without any cause raised a Rebellion against their pious Prince, and murdered him, forced from the People to maintain those their ungodly doings by Taxes, as much as a­mounted unto 48 Millions of Sterling Money, besides the vast sums of Money and Riches gained by the extor­ted Fines and Compositions from the Kings Loyal Par­ty at Goldsmiths and Haberdasher's Halls in London, the one for the 20th part of their Estates, and the other for compounding for their supposed forfeiture for fighting to defend their King against his Rebels, and their Plun­derings, Sequestrations, and Decimations of those with whom they had before compounded besides a Tax for six Months of every House-keeper in London, and its vast Lines of Communication for as much as their weekly Diet amounted unto, with Money borrowed upon that which they would call the Publick Faith, which cheat brought that Godless Party into their Repository of the Guild-Hall in London abundance of Money, Plate, Rings, Jewels, Silver Bodkins and Thimbles, many of whom after those villainous Wars and Rebellions something appeased being in Poverty, have been the constant At­tenders at the House of Commons doors in Parliament, to enquire for Madam Publick Faith's Habitation, but could never be able to find it, and besides all these wick­ednesses, could not think they had done enough, until they had added unto their many sins, that no small sin of Sacriledge, by Sequestring the Orthodox Ministers, Imprisoning of the Bishops, and sale of their and the Deans and Chapters, Prebends and Cannons Lands, and their Woods and Possessions, Banishing and every way Impoverishing them, shutting up all or many of the Church doors in Wales, upon pretence of Reforming or Propagating Religion, but gathering the Tithes into their own Purses, sale of the King, Queen and Princes Houses, and Rich Moveables, and of all their Lands and Revenues, the Coats of their Yeomen of the Guard, and the Plate in their Royal Chappels; Allen a Goldsmith, and Member of that House of Commons, picking out and exchanging the Jewels out of the Kings Crown, and putting in counterfeit, plundered and sold much of the [Page 697] Lands and Goods of the Nobility, displaced the Masters of Colledges and Halls in both the Universities, without shewing any cause more than that they would put in another of their own Party, and began to gape, and lick their Lips after a like Reformation of their Lands and Revenues, tore up the Brass upon Monuments up­on the ground, and made Money of them, because there was inscribed upon them Orate pro nobis, and broke those Glass windows that had any Pictures or Images in them, for fear of Superstition, made a Stable for Horses in the Cathedral of St. Pauls in London, where heaps of dung might be as high as the Roof, and Sawyers seen sawing in the Grave where the Bishop of London was buried that obtained the City of Londons Charter of their Liberties from William the Conqueror for which their more grateful Successive Mayors and Aldermen, at great solemnities never failed at their coming to that Cathedral in a kind of Procession to walk about it.

And the Othodox Clergy of the Church of England calumniated by Mr. John White a Lawyer of the late se­ditious Edition, who being a Chairman appointed by a Committee of Parliament, to relieve those that they would call plundered Ministers, being the Factious An­tichurch party, did so order the matter, as to put out all the Orthodox Ministers, and taking his Notes and Ex­aminations in Characters, was able to interpret them how he pleased, and upon the Accusation of a Cobler at Lambeth, that the Learned Dr. Featly had Preached false Doctrine, he must be turned out of his Benefice, and imprisoned at Lambeth, wherein besides many other, if not all, he or his Notes were shrewdly mistaken, when one Mr. Clopham a Minister was for Adultery Ejected, when it was proved that by a fall from his Horse, he was so disabled in his Genitals as he could not be guilty of it.

And the Ecclesiastical plunder Masters were to take a more than ordinary care, that when their small com­compassion had been pleased to allow the Sequestred Mi­nisters Wives and Children a 5th part of their Husbands Benefices, that they should have as little, and as hardly as could be of it, when after they had tired themselves with their Petitions to the upper and lower Committees, they had obtained an Order for that their small pittance [Page 698] found no other comfort, after that they had travelled forty or fifty, or more miles unto one that should pay it, then one who being more merciful and candid than the rest was pleased to shew a small common or private almost invisible note or mark in the Order that they should not obey it.

Mean while about 100 of Sequestred Ministers of the West parts of England could have no better a place pro­vided for them than to be imprisoned at Lambeth House, but a little before notoriously infected with the Plague, and ordered an Alderman of London, whose Son is yet living to attend them with two Culverings or small pieces of Cannon ready charged to fire upon them, as they were in the Chappel serving God, and hearing Doctor Featly preach unto them, where they had perished if God had not in mercy provided an escape for them.

And if this were or could be proved or justified to be a work for such a third Estate, as that modus tenendi Par­liamentum was so willing to provide for our Laws, having in their Subordination to Gods Laws, and not opposite unto them been truly believed, and said to have been derived from Right Reason, yet that is always to be un­derstood to be so, when it hath received the Sanction of the King, and are not agitated by the various wills, in­terest and fancies of the People next unto madness.

And it might amuse and amaze all the men of Law and Learning in the Kingdom of England, how Sir Ed­ward Coke that hath been attempted to be a man of so great knowledge and experience in the Law, and entrust­ed with so many weighty Charges and Offices in our Laws, as Lord Chief Justice of the Court of Common Pleas, and afterwards of the Court of Kings Bench, and so great a Collector and Remembrancer of the cases and judgments in the Law, with their various forms and en­tries should have so often read in his so greatly beloved Book of Littleton, the Chapters of Homage, and Homage Auncestrel, and Escuage assessed in our Parliaments, could think it to be the Common Law of England, and that by which it had for many Centuries past been Governed, and not to be by its true and original Name and Nati­on, as well here as in all the other parts of the Christian World the Feudal Law, and what else where those Feu­dal Laws used in England, which our Learned Sir Henry [Page 699] Spelman and Dr. Zouch Mr. of Alban-Hall in Oxford so largely & directly mentioned to have their beneficial Use and Residence amongst us allowed and repeated by the very learned, the Sieur du Fresne a Baron of France, and other good Authors and Historians. And if those premi­ses cannot be enough to satisfy us, Sir Edward Coke, if he were alive, might do well to instruct us what Law that Homage and Escuage appertained unto. And if there were any other Laws that this Kingdom was governed by when and by whom they were introduced, and of how long continuance, for it may be hoped that our Sons of Novelty will not be so impudent as to offer to obtrude upon the World the Follies and Villanies of Wat Tiler and Jack Cade, our late pretended Rebuplicans or their cheating Instrument maker Oliver Cromwel. Or upon what other Laws than Feudal are our Magna Charta and Charta de Foresta supported, and as often as thirty times in several of our Parliaments confirmed, when all our many English Rebellions, troubles of State and Commotions either at home at abroad have left it as a quiddam Sacrum more than the safe guarded vestal fire amongst the Romans, or can shew us in any of our Re­cords, Annals or holy Writ, wrested or misinterpreted, that the Dernier Resort or Appeal hath been or ought to be in the people, unless they can make themselves or any others believe that there was something or more re­vealed to them than was in the Scripture or Holy Pro­phets, for there was no third Estate under our Kings to assist their Councels in Parliaments subordinate unto them put upon them, nor intended to be by the 25 Con­servators enforced upon King John in the Rebellious Par­liament and Battle at Running Mede, afterwards reduced to four, or when their Captain General Robert Fitz-Wal­ter was stiled Mariscallus Exercitus dei & Ecclesiae Angli­canae, neither in Anno 42. H. 3. being over-powered by some of his Rebellious Barons, where those 25 Conserva­tors were turned into 24 the one half to be nominated by the King, the other by the contending party at the Parliament at Oxford, or when that afterwards adjudged derogatory Parliament to Kingly Authority was referred by King Henry the third and the Rebellious Barons unto the Arbitration of the King of France or sworn to abide it, none of the Rebellious party were entituled Estates, [Page 700] or in that after Rebellion and detaining King Henry the 3 and prince Edward his Son about a year and a quar­ter they would not adventure to form or imitate a ge­neral Councel in that captive Kings name, those few that came were not called or intended to be a 3 Estate in an House of Commons nor in any of the many Rescripts or Mandates which Symon Montfort and his partner Re­bels made in their Captive Kings name nor in any Par­liament after his Release or in the Parliament of King Edward the first when he was pleased to suffer some of the Commons Elected by his Writs to attend in the House of Commons in Parliament, neither had they the boldness in all his long Raign of 35 years, or in the 17, or 18 years of King Edward the second, or the fifty one years of King Edward the third, or in the Raign of King Richard the 2 until the Title of Estates crept in as afore­said, and Mr. Pryn made himself after the Creator of them in his misused rectifying.

And having as they thought turned the Tables the wrong way in calling our Feudal Laws the Common Laws, which indeed they are, should be, and a long time have been have so far put them out of their Right place, Order and Station, as they think they have changed our Feudal Laws which are & should be the only Fundamental Laws of the Kingdom and Government thereof into a quite con­trary, and too many of our Lawyers have been so willing to forget them, as they had rather now of late make us be­lieve if they could the tricks of Attorneys to be our Com­mon Laws, than our more Ancient, Legal, Rational and Fundamental Feudal Laws; Insomuch that one, that thinks himself no small one, hath of late been pleased to say very considerately as he thought, that the Study and Knowledge of Antiquities was but like the picking up of Old Iron in the London Streets or Kennels. As if the Pro­phet Jeremy had either mistaken or lost the Commission which our Alwise and Omniscient God had given him, when he advised us Stare super vias antiquas & inquirere veritatem, and such Lawyers of a late Edition might find themselves hard put to it to answer the question how or from whence proceeded or were derived our Oaths of Allegiance and Supremacy, which have for so many ages past been legally taken and enjoyned, and do and ought yet to continue, if not from an ancient Fundamen­tal [Page 701] Feudal Laws from what other Laws of God or man were they derived, or any the various Customs or Usa­ges of either Heathen or Christian, fixt or established by by any other rational Custom or Usage or unfixt and left only to the divers Interests, Occasions and Contin­gencies of every mans particular Interest and Affairs, and can never be ascertained how long they shall con­tinue in one and the same mind and good liking, and where the Systeem of these Laws, Usages or Customs are or may be found, or what Oaths of Allegiance and Su­premacy have been sworn unto or upon them.

Whether upon the Old Custom of England of wrast­ling or choosing King and Queen at the Epiphany or Twelft Night at Christmas. And if they would be a 3 governing Estate may think themselves not a little be­holding unto such as can either think or believe that they are or ought to be so in love with them as to trust them as formerly they had done, and could tell their Brethren of Scotland that their promises were but conditional, and did very lovingly alter order their man of sin Oliver Cromwel to beat, subdue, and after their Laws and Reli­gion, promised the People of England, after that they had murthered their King and Laws, that they would maintain and govern by the Fundamental Laws, when they did all they could to subvert them, after they had coined it to be High Treason in their cutting off the Head of the late Earl of Strafford, and the Illustrious Fa­mily of the Prince of Orange, William the great Restorer and Rescuer of the Ordines or States of Holland and West-Friezland, (without the rest of their United Provinces) lying now interred under a stately Tomb at [...] in Hol­land, with his well deserved Attributes could not escape their Ingratitude, when to please that Protector of the English villanies, and provide as well as they could for their self preservation, they made a League and Agree­ment with that great Master of Hypocrisy, se neque Cel­ [...]um Oransionensem Principem at que ex ejusdem familiae Linea quempiam provinciae suae praefectum vicarium vel Ar­chithalassim dehinc electum esse, neque etiam quantum ad provinciae suae Ordinum suffragia a [...]inet permissaros (ob­liging themselves for the Residue) ut unquam eorum quis­quam Declaratio Or­dinum Hollan­die & West-Frisi [...], Print­ed at Leyden, 1655. Foederatorum provinciae militiae prae [...]iuntur, which they perswaded themselves would be sufficient enough [Page 702] to satisfie their particular Consciences, if they could but procure their associate Confederates to be of the same perswasion, and be as little to be trusted as themselves upon no other reason than that, Quinimo eousque reme­disse videtur ut ea quae reliqui provinciarum Ordines perversa Indicarunt varia uti loquuntur deductionibus D. D. Ordinum Generalium concilio judicata adeoque concepta adeoque con­scripta fuerunt exhibita, Idcirco jam ante inquirenti Nobi­les ac provinciarum Hollandiae West Frisiaeque Ordines neu­tiquam dubitantes quin nonnulli provinciarum [...]deratarum Ordines non aliam ob causam minus convenienter indicarent rerum omnium statum & fundamentum & quaecunque ex illo dependent ipsas denique veras rerum circumstantias haud plane edocti fuerunt, nec quenquam fere quin postremum om­nia & singula eorundem acta factaque cognoverit sive alteri examini subjicere omni dubio procul solitae sollicitudini No­bilium & procerum West Frisiae Ordinum quam in salutem reipublica quotidie intendant attributum sic nunc demum secundum promissa juxta decretum quarto die Junii proxime elapso praepotentibus D. D. Ordinibus General. uti quoque literis deinde nono die exarat. & relinquarum provinciarum Gen. potentibus B. B. Ordinibus exhibita apertam sinceram veramque rerum omnium quae ad Instrumentum seclusionis pertinent detectionem foederatis Ordinibus exhibere volue­runt simul etiam omni ex parte nihil se quicquam in uni­verso hoc negotio actum concessum confirmatumque fuisse quin id omne extra controversiam sibi absque alicujus provinciae damno, aut praejudicio agere concedere seu confirmare labore licuerit in quantum patriae comodum ejusdemque Incolarum & subditorum salus atque Incolumitas postulat, (being no good excuse but an Oliver satisfaction either in Latine, English or Dutch,) but a trick of Olivers, to work and model his own designs by affrighting them into the height of Ingratitude, and an Act of Oblivion of their Oaths and League with their formerly united Confede­rates.

And our English in the troubles and stirs betwixt King John and some of his Barons, when there were Spelman. Glossar. thirteen Knights in every County of England and Wales, sworn to certifie the Liberties of the People, Dr. Brady in his History of those times. and in the Raign of King Henry the third the like number, there were no Liberties of a third Estate to be found in either of them.

[Page 703] And when the tired self created Republick never be­fore heard of, seen, felt, understood or exampled in Eng­land, Wales, Ireland, or Scotland, and its vast American Plantations, and knew not how like Phaeton to guide their Ambitious Chariot, and the horses would for want of conduct be disorderly, run and tear themselves, Cha­riot and all in peices, and make the driver never more covet exaltations, and fearing that the great Villanies and Oppressions which they had for many years toge­ther committed, and pillaging of three Kingdoms might shortly after retaliate and give them bitter Meat to their sweet Sauce, and supposing that they might have no small assistance from their Hypocrite Oliver Cromwel and his Rebel Army, did so suffer him and his Officers and Mechanicks to creep into their Parliament or House of Rebels as in a short time the one part of the Army getting into London, and the other quartering or encamping round about it, and intermedling with the Government, and procuring for themselves and their Friends Memberships in the House of Commons in Par­liament, as no small part of them had wrought them­selves into that House of Commons, and the Speaker Lenthal with as much weathercock fidelity as Rebellion, fear and folly had suggested unto him, ran away to the Army, who triumphantly marching in a Militrary man­ner with their Cannon and Artillery, brought him back again and seated him in his Traytors Chair, which kind of House of Commons being thus tamed, became easi­ly perswaded by a Pack of Daemons on both sides to make a formal surrender of that which they would call the Peoples Liberties which could be no more than what was forfeited by Treason by them which had Rebelled against their King.

And where then could remain, lurk or lye hid their so longed after third Estateship, when Cromwel had over­reached them with an Instrument of his own making, and allowed them (especially when he pulled Mr. Pryn that had so championed the business as he stuft a large Book with arguments to evidence the Supremacy of both Houses of Parliament, when a little before he had writ­ten a Book of the Superiority of the House of Peers in Parliament, and was little to be pardoned when Mr. Pryn the Barrister wrote against Mr. Pryn a Bencher [Page 704] of Lincolns-Inn) therein not their third Estateship or any such Republican Title at all, but in lieu thereof caused some of his Janisaries amongst whom was an Irish Po­pish Priest with his Red-coat Musket and Bandaliers to pull out of that House of Commons Mr. Pryn and divers other of the Members, and imprisoned him and some other in a Room or Alehouse under Westminster-Hall for a night and some short time after. And without any be­lief as is probable of Sir Edward Cokes aforesaid new Modus tenendi Parliamentum made a frame or Modus of his own with six Knights of every County where there were before but two, and in some Boroughs fewer than formerly, and at another time pulled out their Members and shut up the House doors, & called our Magna Char­ta when it was pleaded Magna Farta, which was not the Method praescribed in Sir Edward Cokes modus which Mr. Pryn saith would be an absolute or certain way to introduce levelling or a power in the Common people, or to aggrandize the power of a contrived Parliament to govern the King, when that gentle fictitious modus is content to allow the King, a Salvo dom. Regi et ejus Con­silio Pryns confu­tation of the fabulous mo­dus tenendi Parliamentum in his brief Register of Parliament Writs. quod ipsi hujusmodi Ordinaciones of 6. 3. or 1. of the Committee Postquam scripta fuerint examinare & emen­dare valeant si hoc facere sciant & valeant, Ita quod hoc fiat tunc & ibidem in pleno Parliamento & de assensu Par­liamenti, Et non retro Parliamentum, which last clause saith Mr. Pryn quite spoils Altars, and contradicts what the Community of twelve, six or three had or­dained.

And King Edward the confessor whom the many foregoing and after ages have justly and truly reported and esteemed to be neither Oliver Cromwel or the mista­ken Sir Edward Coke with their several modi tenendi Par­liamenta, did not find either of them in his Recherches amongst all the Laws of the Mulumtians, Mercian, Saxon and Danish Laws and other ancient Customs used in England in his time when he was Monarch thereof, and Vicarius Summi Regis ordained Laws concilio Baronum Angliae & leges 68 Annos sopitas excitavit excitatas repa­ravit reparatas, decoravit decoratas, confirmavis confirmatas L. L. Ed­wardi Confes­sor. vero vocantur Leges Edwardi Regis non quod ipse primo eas adinvenisse dicitur sed cum praetermissa fuissent & oblivioni penitus dedita a diebus avi sui Edgari qui 17 Annis regna­vit, [Page 705] ipse Edwardus quia Justa erant & honesta a profunda Abyssu extravit (as if he had pulled them out of some Holes, Vauts or Cranyes) eas revocavit & ut suas observan­das contradidit, wherein there is nothing at all that may be subservient to the wildest kind of Interpretation of a modus tenendi Parliamentum which in the case of so great, Rational and Fundamental general Councel as a Parlia­ment could not be beleived to be omitted in the making and framing K. Edward the Confessors Laws, nor can they be conceived or believed to be made at one time but at several times during his Raign, and in these although there are extant a very great commendation of the use­fulness of the Law of Friborghs or Tithings there is not a word or any thing to be understood of the Mem­bers of the House of Commons in Parliament being a third Estate.

For it appears in Anno 1244 in a Parliament holden at London, the King consulted with the Bishops apart, the Earls and Barons apart, and the Abbots and Priors apart, about the Popes not performing his promise concerning his removal of the grievances of the Kingdom (where were none of the Common people either as a third Estate or otherwise) which was before his imprisonment in Dr. Brady's compleat Hi­story of Eng­land until the end of the Raign of King Henry the third p. 594. & 610. the 48th year of his Raign by some of his Rebellious Barons, and in all his Raign before there is often men­tion of his Bishops, Earls and Barons, Magnates, and Grand Conseil, but nothing at all of Commons or a formed House of Commons until the 49th year of his Raign, and not long before at a Parliament assembled to­tam Nobilitatem Angliae.

For before the 42 year of that Kings Raign Nobiles Angliae tam viri Ecclesiastici quam seculares, met in a Par­liament at London, Ita quod nunquam tam populosa multi­tudo ibi antea visa fuit, where the King informing them of his necessities and requiring an aid, they (not any Commons but the Lords Spiritual and Temporal) began to be very querelous, and remembring old grievances as they called them, demanded the Justiciary, Chancel­lor and Treasurer might be chosen by the Common Councel of the Kingdom, which by the Records and An­nalists was never understood to be any other than the Lords Spiritual and Temporal in Parliament summoned to give their advice to the King as the greatest men of [Page 706] wisdom and Estates in whom that and the obedience of the Common people were Justly included, the choice of which great Offices of State (Sir Edward Cokes modus te­nendi Parliamentum having not then peeped into the World to help to disturb it) the Lords Spiritual and Temporal then alledged to appertain unto them, (not unto the Vulgar or Common people) and had been Justly and anciently due unto them ab antiquo Justum & consuetum which had no longer a date than the enforced Charter of King John at Running Mede, and the collate­ral strange security at the same time given for the 25 Conservators of the Liberties of the people, to maintain its antiquity, than something less than 42 years before, which propositions the King denying, that Councel was dissolved without any Claim of the common peoples third Estateship or being an Essential or constituent part of the Parliament, or to have votum decisivum there­in.

There was no such Modus tenendi Senatum or Parlia­mentum then so stiled when the Roman Empire began its rise, for shortly after though their Stile or Title was Sena­tus populus (que) Romanus yet their Historians tell us that they Livy. had their Patritii, and Menenius Agrippa when the Rab­ble Vulgus or Common people had made an Insurrecti­on or mutiny and gone tumultuously into the Mount Aventine, knew better how to bring them again into their Wits by a pleasant well understood fable or Apo­logue of the head Members Belly and Paunch in their Bodies natural, and our Republican 3 Estate men might read and understand that those Common peoples Votes or Dictates were able to reach no further than their Plebiscita, and never could arrive unto a Senatus consul­tum, that when Julius Caesar came into our Brittain be­fore the Incarnation of our Redeemer, and that Nation had planted Colonies here, they left us no Modus te­nendi Senatum, neither did Agricola (Governor here for the Roman Colonies who had taught our Nation the Tacitus in vi­ta Agricolae. use of the Roman Gown and Civilities) teach them the modus tenendi Parliamentum, or Senatum which Sir Edward Coke dreamed of, or inform them that the Common people were a third Estate, or had an inhaerent Soveraign­ty in them.

In all the Laws of Dunwallo Mulumtius there was no [Page 707] mention of Law for a modus tenendi Parliamentum, or in those of Mercia Regina Britonum, or in the time of the Heptarchy of the Saxon Kings, or of King Ethelbert who raigned here in the year after Christ 568. Neither in the Laws of King Ina who raigned in England about the year 712. Or in the Laws of King Alured who be­gan his Raign in Anno 871. and ended in Anno 900. and declares that he had ordained, collected and put them together, Atque easdem literis mandavit quorum bonam certe partem Majores sui religiose coluerunt, mul [...]a etiam sibi digna videntur quae sibi observari melius commo­da videbantur, ea consulto sapientum partim antiquanda partino Innovanda videbantur curavit. At quoniam temeri­tatis videatur ex suis ipsius decretis quenquam literarum monumentis consignare tum etiam se quidem apud posteros L. L. Aluredi. Justitiae suae fidem quae se magni fecerit quaecunque in Actis Inae Gentilis sui Offae Merciorum Regis, Ethelfredi magni Ethelbaldi qui primum Anglicos sacro Baptismate, tinctus observata digna deprehendit, ea collegit, congessit, reliqua plene omisit.

Or in any of the Books if they were extant said to have been written by that great King, viz. Breviarium quod­dam collectum ex Legibus Trojanorum, Graecorum Britanno­rum, Saxonum & Danorum as hath been before mentioned.

Or in or by the Laws of King Edward who Raigned here in Anno 900. when iis omnibus quae republicae praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant Judices perinde ut in Judiciali libro Scriptum habetur (no Warrant yet appearing for a Modus tenendi Parliamentum, nor a third Estate over­ruling or voting their Soveraign) nec quicquam formi­dent, L. L. Edwardi Regis. Jus Commune audacter dicant & litibus singalis dici quibus dijudicantur codicibus statuit.

Or in the Laws of King Athelstan who Raigned here in the year 924. the Heptarchy being then reduced to its pristine Estate of Monarchy, or in or by his Laws in a Councel holden at Exeter, or in or by any the Laws of King Edmond.

Or in or by any the first written Laws said to be of the Brittains in the Raign of their King Howel Dha sti­led the good, or in or by any the Laws of King Eldred made in or about the year 948. or in or by any the Laws of King Edgar who Raigned about the year 959. and [Page 708] stiled himself favente dei gratia (not of the people) totius Angliae Rex & Imperator, as he might well do when he was Rowed in a Ship or Barge upon the River Dee in Wales by four of his Tributary Kings.

Or by King Edward made in or about the year 950. in the Senatus Consultum, League or Agreement made betwixt him and the Monticuli—Walliae Angliae sapientum and Walliae consiliis.

Or in the pact or agreement made betwixt King Ed­mond Ironside and Canutes the Dane, when they were perswaded to spare the dire effect of a Bloody Battle and leave the [...]vent unto a personal combate betwixt the King and his Danish Competitor in the view of both Armies, whereupon they both being ferried over into the near Isle of Alney, the strong Ironside so wearied and almost vanquished the Dane, as he willingly agreed to be content with the moity of the Kingdom.

Neither doth there any thing appear in or by the Laws of our King Canutus who Raigned here about the year 1608. ex sapientum Consilio.

Or in or by any the Laws or Constitutions of Wil­liam the Conqueror, or any of our succeedings Kings or Princes.

And the late new Framers of new Governments calculat­ed for the meridian of their own Profit and Ambitious, Factious designs, might have better informed themselves by the reading those mischievous Provisions imposed at a Parliament at Oxford upon King Henry the third and his Son Prince Edward, which being afterwards by the King and the contending Barons referred to the Ar­bitration of the King of France, a not long before enemy enough of King Henry the third with an engagement on both sides upon Oath to abide by his award, those Provisions were upon a full hearing before that King and his Great Councel the Parliament at Paris in the presence of all the contending parties adjudged to be null and void as derogatory to Kingly government, as hath been here before expressed, that although in those Provisions there was another solemn Jury Impannelled in every County to Enquire and Certify all and every the supposed Breaches of Liberties and their Verdict under their Hands and Seals were returned into the Court of Chancery, there is nothing to be found of the contents or [Page 709] complaints expected, and that there being by those Pro­visions to be 3 Parliaments in every year, one at Michael­mas, or 2 at Candlemas, and a third at the first of June, Dr. Brady's History of England, p. 610. & 611. and 12 to represent the Common people were to be E­lected by the Barons, and they that were chosen were none other than Bishops and Barons and the hautes homes, so small was then the trust in the Vulgus or Common people, and so nothing at all either in behalf or conside­ration of modus tenendi Parliamentum or a third Estate or Soveraignty in the people, or can any rationally be­leive that the Clerks in the House of Peers (which is the highest Court of Record under their Soveraign, and the house of Commons none, but often supplicating the o­ther to Record and Inrol their Special matters and Pro­testations, and in the Parliament of 11 R. 2. when the Ro. Parl. 11 R. 2. five great Lords appealed five other as big as they of High Treason, and throwing down their Gauntlets with Armies ready to attend their purposes, and the Bishops had made their protestation and forsook their places,) might not by a facile inadvertency have suffer'd the word Estates to have crept under their Pens, and be a means of procreating some of the like unfortunate Errors, yet were they now amongst the living and examined, they would swear they intended none other than the Lords Spiritual and Temporal, but subordinate to the King, especially when the whole tenor and current of our mul­titudes of Acts of Parliament, except those few of Richard the 3. that murdered his Nephew the young King to get into his Throne by flattering the people, and calling them Estates, seem to have no acquaintance with that since misused word or expression, as some have done by saying when he came once to sit in Chancery the King can do no wrong.

And it might be more marvellous than the seven wonders of England that so great an Elevation and be­lief should be in that mistaken part of Parliament, (when in the storm and tide of a Faction and Sedition driving on a horrid Rebellion in order to the Murder of their King they had in their more than Pharisaical Fastings and Prayers with Protestations to make him a glorious King put him into insufferable Fetters as it were of Iron) as to impose upon him in the 16th year of his Raign to put the power of summoning the Parliament once in every [Page 710] three years, if he should omit it, to the Lord Chancellor or Keeper of the Great Seal under severe penalties upon their Oaths at a certain praefixation of time, and upon his failing to any twelve or more of the House of Peers, and every house might choose their own Speaker, and Administer the Oaths of Allegiance and Supremacy to their Members, and that therein should be omitted the title of Estates or some other Character of Grandetza, if it had at all been justly due unto them.

When in December 1621 the House of Commons in Rushworths Historical Collections. Parliament by a Remonstrance made unto King James (not being able to shew any good Law or Reason to the contrary) did declare that they did not assume to them­selves any power to determine of Religion or War, nor did intend to intrude or encroach upon the Sacred Bounds of his Royal Majesty, to whom only they acknowledged it did belong to resolve of Peace and War, and the Mar­riage of the most Noble Prince his Son. But as his Loyal and humble Subjects representing the whole Commons of the Kingdom (who had a large interest in the happy and prosperous Estate of his Majesty the Church and Commonwealth did resolve out of their care and fear truly and plainly to demonstrate those things unto his Majesty, which they were not assured, could otherwise come so fully and clearly unto his knowledge without expectation of any other answer of his Majesty con­cerning those higher points, than what at his good pleasure, and in his own time should be held fit.

And in that great Ambition and Insatiable thirst of Liberties and Priviledges improperly tumbled and tossed one upon another, whereby the Subjects of Eng­land have for so many Ages and Centuries past turmoiled and troubled their Kings and Princes with Seditions and Rebellions, and Ruined themselves and their Families, a more than ordinary care and heed ought to be taken, as very necessary requisites thereunto, tam per acquirentem quam concedentem, saith the very learned Reynoldus Curick.

1. Reynoldus Curick, ne contra Jus divinum positivum Reynoldus Curick. & morale in ejusque abolitionem quicquam indulgeat vel largiatur.

2. Ne contra Jura naturalia & Gentium.

3. Ne per concessionem Privilegiorum leges fundamentales infringat Inprimis Juratas quia enim leges fundamentales [Page 711] sint quasi Anmia & nervi reipublicae, & necesse est iis sub­latis Rempublicam corruere.

4. Ne per privilegium quicquam in praejudicium Reipub­lice alienetur which our Laws have heretofore taken an especial care to prevent in the not granting by our Kings and Princes any Fair or Market without an En­quiry first had certified by a Writ of ad quod dampnum in the Negative.

5. Ne Privilegium vergat contra utilitatem publi­cam.

6. Ne Privilegium in praejudicium damnum vel Injuri­am tertii vergat.

7. Ne Prvilegium nimiam inequalitatem inter Subditos Importat aut exemptionem aut Immunitatem a muneribus Ordinariis peculiarem, which in our Laws are to be grant­ed to men above 70 years of Age not to be impannelled on a Jury.

8. Ne super lite pendente nec contra rem Judicatum Pri­vilegium ullum detur, taliter enim Privilegium datum nul­lum est.

9. Ne per Privilegium Monopolium constituetur quippe Legibus aliis antiquis & novis damnatum ac sua natura omnibus merito exosum.

10. Ne per Privilegium Sontes a Paenis promeritis exi­mantur.

11. Ut Privilegia sint rara potius quam nimia quae per­inde ac multa leges vitandae sunt.

Ex Privilegiorum nimietate omnes illi Privilegiorum abusus resultant & realia dum per familias & successiones traduntur paulatim eo tendunt ut Principem non agnoscant nullaque in re obtemperent personalia minus quidem diuturne sunt sed multitudine vilescunt. Et in quos nimia congerun­tur fere praecipitant maleque sua opprimunt renumerativa sunt quamvis minus sunt invidiosa ingratos tamen & su­perbos efficiunt Conventionalia venditioni propria sunt, nec in beneficio ponunt etiam quae parvo sunt precio compararunt uti scribit Adam Contzen. lib. 5. polit. ca. 18. & 56. nulla magis re quam privilegiis contra dominos servi, contra patronos invalescunt Clientes, nec dicere timuit omnium quae a ducentis Annis quae principatus Germaniae Civitatesque concusserunt seditionum originem a privilegiis multis mag­nisque manasse; hinc Fredericus Mindanus l. 2. de mand. ca. 13. n. 8. exclamat utinam divi mortalium, Opt. [Page 712] Max. Imperatoris nostri non nimium privilegiorum indulsissent vel concessissent, hac enim via tota Italia, polonia, & aliae potentissimae provinciae Imperii Romani fraenam excusserunt ut itaque omne incom­modum evitetur adsit modus qui si absit.

Vertitur liberalitas in exitium tacitus lib. 3. Historium.

Requiritur etiam ex parte acquirentis.

1. Ne per fraudem aut mendacium privilegium impotest.

2. Ne per vim aut metum.

3. Ut virtute potius meritisque quam nuda pecunia privilegia ac­quirantur.

4. Ut quamvis ad privilegium alicujus acquisitionem regulariter citatio non requiratur, si tamen privilegium illud vergat in praejudici­um tertii simile privilegium quocunque modo habentis is de cujus praeju­dicio agitur adcibetur.

5. Ut privilegium adversus aliquem obtentum legitime eidem et Judici ordinario istius loco insinuetur.

6. Ut in scripto vel instrumento privilegium obtineatur.

7. Ne impetrentur privilegia obscura.

8. Ne pecantur privilegia ludicra inepta et ignominiosa aut am antea Jure communi concessa.

9. Ut privilegia impetrata bene quoque sint clausulata.

10. Ne privilegia quae petuntur sint de genere prohibitorum nec ambitiosa.

And as to the end of Priviledges they ought to be,

  • 1. Bonum publicum.
  • 2. Decus & gloria principis.
  • 3. Stricti Juris Temperamentum.
  • 4. Meritorum aeque Recompensatio & ad bene agendum invitatio.
  • 5. Dignitatum, Ordinum et Munerum publicorum conservatio.
  • 6. Personarum et rerum secundum omnes circumstantias justus respectus.

As to the effect of Priviledges.

  • 1. Quod idem operentur atque Lex et Jus Commune.
  • 2. Idem operatur quod consuetudo vel Statutum.
  • 3. Potentius est Jure Communi.
  • 4. Fortius operatur quam pactum.
  • 5. Immunitatem a muneribus personalibus et Civilibus praestant, as in our Laws the Kings protections of his Servants do operate.

All which Requisites in the pretended obtainers will not be warranted by the invitation of the Rebel Bre­thren of Scotland, or by their Treaty with the Blessed Martyr at Rippen when he was so necessitated, or by [Page 713] the long lasting Rebellion of the English Parliament join­ing with them and obtaining their help, or by the many underminings of Monarchy, and pretending false Pri­viledges, or the murder of him afterwards, when he was at his Arraignment told by that impudent Rebel Bradshaw (not then stiling them a third Estate) bidding his Soveraign hold his Peace, for that the Vote of the House of Commons was the Reason of the Kingdom.

When it ought every where to be acknowledged by the Rules of Reason and Truth that Privilegia are so called a Privando Leges, and it should alwaies be believed that Du Fresne glossar. peccandi potentia non est libertas, neque pars libertatis est indubitata doctrina. Et quae omnium pene graviorum Au­thorum suffragio nititur hanc habet Expresse D. Bonaventure in 2 distinct. q. 3. Nec habet tantum sed probat plurimis ra­tionibus hanc tradit D. Augustinus lib. de Arbitr. cap. 1. Gibieuf de libertate dei & Creatur. ubi docet peccandi potentiam non modo non esse libertatem nec partem libertatis sed esse defectum ejus, Et dixit D. Tho. qui. 1. P. 62. Quest. dixit Angelos quia peccare non possunt liberiores esse nobis qui pecca e possunt.

And Cicero defineth liberty to be potestas vivendi ut velint at non vivit ut velit, qui juxta sensus carnis suae & Cupiditatis, sed is solummodo qui vivit juxta rationem; Plutarchus & Epictetus eandem Libertatis definitionem Nobis dederunt, not that liberum esse debet dici cui nec im­pedimentum praeberi possit volenti, nec vis inferri volenti, but if none of the fancied vast liberties which the too many of our State or Government Menders would entitle their own evil designs, and entail upon all that shall be so foolishly wicked as to be deluded by them; and the cost­ly searches of Mr. William Pettit amounting by his own Report unto more than five hundred pounds in all that could be found in any the Books and Manuscripts pub­lick or private of England, cannot reach or come so near as unto a probability that there ever were in the Brittish, Roman, Saxon, Danish or Norman Raigns of our Kings and Princes, and their many Royal Successors ever since or long before that, since the Creation of the World ei­ther in Parliament, or without any mention of a third Estate inherent in the people, and they must be content to go a begging for a belief in some lately discovered Island, where they may dream any such stuff may be sound either as their modus tenendi Parliamentum or a [Page 714] third Estate, as Subjects at the same time governing their Kings and Princes, when by their Oaths of Allegiance and Supremacy, they are bound alwaies to be obedient unto them as (next under God) their SupremeHead and Governor.

And may curse their fate that every thing their scru­tinies can assist them with, should not with wresting, wringing and false and senseless Interpretations appear at all to be for their purposes, but every thing clearly a­gainst them, and sorrowfully repent that they or their Predecessors had so unhappily busied themselves in de­stroying so many Props of the Monarchick Govern­ment, as the Court of Star Chamber wherein did some­times sit as Judges, the Lord Chancellor, Lord Treasu­rer, and the Chief Judges of both the Benches and the Barons of the Exchequer the Archbishop of Canterbury, and divers of the Kings Privy Council, who as Judges in seve­veral Courts did sit there upon special occasions, and the procuring the King to take away the High Commission Court in their miscarried designs of Levelling the Hierar­chy and order of Bishops; The want of which two very necessary and useful Courts hath suffred the Nation to be overflown with all manner of wickedness and Impiety.

And in that their over-hasty carreer of breaking our English Monarchy like a Glass into many small or little peices needed not to have been so hasty but have paused a little while & have considered, that as unto the circum­stances of Time, Place, Number of Persons, Usages and Customs in a variety of contingencies, being the only an­cient, proper and efficient cause of summoning Parlia­ments, adjorning or dissolving them, there could not be a Ro. Parl. probability of a modus tenendi Parliamentum either in King Edward the Confessors Raign, or before or after, for that our Parliament Rolls and Records do una voce plainly declare against it, and shew that many times Parliaments have been holden in the absence of our Kings by the Prince his Eldest Son, or by some other of their Sons as Li­eutenants or Guardians of their Kingdom, or by the Queen Mother assisted by the Kings Justitary or other Commissio­ners, during the Imprisonment of King Richard the first, or by the Queen Consort of King John in his absence, or by King Henry the 4th in his usurpation upon King Richard the second, when he unjustly made use of a Parliament [Page 711] summoned by him; And there could not be a third E­state in the Raign of King Charles the second when he had as aforesaid so unfortunately been ill advised to ex­change the Nerves, Sinews, Strength and Honour of his Crown and Government for a mistaken Recompence of an Excise upon Ale, Beer, and Syder, and then there were but two Estates, viz. The Lords Spiritual and Temporal subordinate unto their Soveraign, and it would be a diffi­culty insuperable to find any Truth, Reason, Evidence, Probability or Possibility that there is or ought to be a Soveraignty inhaerent in the people, or if such Improba­bilities were or could be, what Method or contenting Equal distribution could be made thereof, amongst Learned and Unlearned, Ambitious, Rich, and Poor, Rude, Ignorant, or better tempered vicious or virtuous Women and Children or Fooles, Madmen in their intervals or without, when some have not improbably calculated the number of the Kings Subjects in England only to be not much under five Millions, besides these vast numbers in Scotland and Ireland; And who upon any or many dis­cords like to happen should be the pacifying Reconciler, Justiciary or Umpire betwixt them, and what Charters, A­greements or Surrenders should be contrived or put in writing betwixt them, concerning the Right use or di­stribution of that never to be proved inhaerent Soveraign­ty in the people taking as Subjects the Oaths of Allegi­ance and Supremacy, or that ever it was attempted be­fore our English Rebellions either in England, Scotland or Ireland, or can they give us any reason or demonstration that it was ever allowed of, or that any pact or Agree­ment was made to confirm it.

Neither is there any Modus tenendi Parliamentum, or any such thing or matter as a three governing Estate in the solemn Recognition made in a Parliament at Clarenden Dr. Brady's History of England & Quadilogus in the Raign of King Henry the second of the Anitae Con­suetudines or Laws used in the time or Raign of his Grand-Father King Henry the first, which the Archbishops and Bishops verbo veritatis sine dolo, & malo Ing nio promised faithfully to obey, and the Earls and Barons like­wise.

And will be a Priviledge never taught to the Atheni­ans (sometimes the wiser part of Greece by their great Legislator Solon, who after he had made them some [Page 712] Laws feigned a Voyage or Journey to Salamia, and cau­sed Plutarch in v [...]a Solo­nis them to swear to observe them until his Return and absented himself the longer because he would not have them break them, as Pisistratus the Tyrant did afterwards to his own advantage perswade them to do; the Spartans under their great Legislator Lycurgus and the many other little Commonwealths of Achaia first fooled by Philip of Macedon, afterwards by Alexander the Great his Son, who conquered all that part of the World but Diogenes the Philosopher in his Tub, now all into slavery the Otto­man Empire, had long before better business to trouble their Heads with than the fond Imagination of a Sove­raignty inhaerent in themselves, although one of their most [...]acred Laws in their Ten Tables was, Slus populi sit Suprema Lex ne quid detrimenti res publica capiat, Nei­ther did the Romans those Cordatissimi Mortales, (as the learned Pettus Cunaeus hath stiled them) and most Petrus Cunaeus de Republica H [...]m watchful of their Priviledges, the wary long lasting Re­publick of Venice or the later Confederates of the United Provinces ever trouble themselves or any other with such reasonless incredible Whimsies, it being impossible that Subject and Soveraignty should constare vel consi­stere in uno eodenque Subjecto. neither when Jeroboam drew away the Ten Tribes of Israel from the Obedience of Rehoboam, and made as the Holy Scripture saith all Israel to sin, was there any such opinion amongst their Caba­listical Doctrines?

The Republicks of Venice & Holland could not be capa­ble of Leagues and Treaties with Monarch and Forreign Princes as unto War and commerce, nor the little Com­mon-wealths of Genoa and Geneva, or those many Imperi­al free Cities or Towns in or near Germany, or the E­lectors of the Empire or the Hanse Towns, should they give entertainment unto such Fancies and Fopperies as a So­veraignty in the people, neither would the Cantons of of Helvetia or Switzerland think themselves well used to be obliged to such a Parcel of unpracticable folly.

And if those Egregious Cavillators can find no way of retreat for those their notorious follies but to fly for Suc­cour unto praescription, that will (if they could as they will never be able to prove it (yeild them as little com­fort for a Rebellious electing of some few Members into [Page 713] the House of Commons first formed as unto a small number of them during the Imprisonment of King Henry the third by Montforts Army of Rebels that would not mount unto a Prescription quia mala fide, and if it could have come up to any thing like a Prescription, there would be no reason or need for an Election of Members to be in the House of Commons in Parliament by the Sheriffs by the Mandate or Warrant of the Kings Writs, or how could a party drawn out of such a pretended inhaerent Soveraignty in the people, rationally subsist when those their untruly supposed Rights or Priviledges cannot upon the most exact enquiry be found or discerned amongst all the Records, Charters and Patents of our Kings and Princes, or those of any of our Neighbour Nations of Christendom, or of any other Nation, White, Black, or Tawncy, but do plainly contradict it and de­clare the quite contrary, and will manifest it, to be the greatest Cheat and Villany that ever was put upon the Sons and Daughters of mankind either as unto a pre­tended inhaerent Soveraignty or a third Estate, or the figment of a Modus tenendi Parliamentum.

Or how could any of our Kings Rightly and Justly stile them a third Estate when they could not choose a Speaker without their License, nor leavy their Wa­ges without his Writs directed to the Sheriffs for that purpose, nor punish any that had arrested any of them or their maenial Servants whilst they attended the King in their Service for him and their own good, and at all conferences either in their own House or in the House of Peers were to stand uncovered when the Lords sate co­vered, could not grant Tax or Aid without the consent of the Lords Spiritual and Temporal, and in King Edward 1. His Raign and some of our after Kings have refused to intermeddle or give advice in matters of Peace and War, but desired that the Councel of the Lords as the most able might be taken therein. In the 34, and 35. H. 8. the Knights and Burgesses of Chester had no title of Estates, but the same King in the Act of Parliament declaring in what Order and Manner the Lords should sit in the House of Peers in Parliament, made no ap­pointment for or concerning any of the House of Com­mons, as if they had been no Essential part of Parliament, & that in the great case of Mr. George Ferrars a Member of [Page 175] the House of Commons as wel as a Servant of that Kings upon a complaint that he had been imprisoned, and the Kings Serjeant at Arms attending their Speaker, was beaten and abused the House of Commons in Parliament complained to the House of Lords who remitted it to them again, and no remedy or punishment could be had until it came to the King himself, who without any men­tion or Title given unto them of a third Estateship was pleased to grant it. And in Queen Maries Raign 39. of their Members were Indicted by her for not attending the Par­liament, yet none either claimed a third Estateship or to be tryed by their Peers. Queen Elizabeth imprisoned some, and at several times charged them and their Spea­ker not to intermeddle with matters of Church or State, but all the Masters of any Understanding, Reason or Common sense ought to understand them to be no other than Petitioners and her Leige-men.

And it is well known that King James in his Instruc­tions to his Son Prince Henry, and his learned answer to Cardinal Peronius does assert the Jus Regium to be the Right of Kings from God immediately, without any no­tice taken of a third Estate.

But if those Kingly Government or Monarchy Re­formers would but give their contemplations and de­signs some little Respite, they might easily perceive the frailty of the Materials out of which they mould would the Members of the House of Commons into a third Estate, and might find Evidenee, Records, Reason and Law enough if they have not forsworn them to desist from such an impossibility.

And it might better become their own busying them­selves in the government of the Kingdom, wherein they have no manner of skill or knowledge (to consult the consequences and the Events, and having no knowledge of the causes, Mediume, contengencies or treacheries too much or too often attendant in Princes affairs not sel­dom also miscarrying for the Sins of the people, or of some Jonas in the Ship deserving a punishment,) ought more seriously to weigh and consider how little the peo­ple of England will think themselves hereafter beholding or obliged unto them, when in a popular and aboun­dance of Ignorance accompanied with sin and wieked­ness they advised King Charles the Second to dissolve [Page 715] by Act of Parliament these Nerves and Sinews of the Crown, which the Judges of England in the Raigns of King James the first and King Charles the first upon se­veral consults have declared to be so inseparable to the Crown of England as the most potent and binding Act of Parliament that could be made will never be able to disunite them; when they have thereby against their wills converted those Tenures of Honour and safety to their King, and Protection, peace and plenty to his peo­ple, and the Releifs and Herriots due and payable to the King, into a Chimney-Money granted afterwards by another Act of Parliament, and what a profitable bar­gain they have made by forfeiture of all the Lands which they held by and under their Feudal Laws converted into Socage, when by a Law made by King Athelstan ever LL. Athelstani plow Land in Socage was to find in Service upon occa­sion of War binos ornatos atque instructos Equites, when by converting all the Tenures in Capite (that of the Peers and Grand Serjeants excepted) into Socage they have given the King a greater Revenue than they intended far exceeding the Revenue of the tenures in Capite, (the ho­nour of the King and safety of himself and the people excepted.

And that in those early times none were imployed in Commissions or Places of trust by our Kings and their Laws but Knights holding by Tenure in Capite immedi­ately, or mediately that King Henry the 2d in some of his Laws declared none to be liberi Homines but those that were Military, and that if the Socage men or Tenants of all the Possessors of Lands, and Tenements now in Eng­land and Ireland must be in no better a capacity than as Villani, Servi, Bordarii, Cotarii, and Tenants at will under domineering Landlords and be shut out of the blessings of our Magna Carta and Carta de Foresta, and left as the people were in the Raign of William the Conqueror, William Dr. Brady's History of England. Rufus and Henry the first to the dire punishments (ca­ses of Treason and Felony only excepted) of plucking out of Eyes and cutting off the Genitals Legs or Noses of the Offenders.

And it might be a meet question among the He­ralds upon what foundation more than 1000 Knights Seldens tit. Ho­nor. Baronets do now stand seeing that Ireland is turnd into a Socage Tenure, when the first original of them was [Page 716] to find in Capite so many men at Arms in the Kings Ser­vice.

And having with the Prophet Jeremy called, cried out and advised many of my friends stare super vias antiquds & inquirere veritatem, I lament and bewail that the Mo­narchy of England that for more than 1600 years last past hath been so great & glorious amongst her Neigh­bour Nations, and hath in this our last Century of years been so unhappy ever since the beginning of the Raign of King John, when Hubert Archbishop of Canterbury had in his Oration at the Coronation of that infortu­nate King declared to the Nobility and people there as­sembled that he was created King by the Election of the Mat. Paris. people and being reprehended and blamed for it by some of the Nobility, was at that Instant or before that As­sembly forced to excuse that inadvised Speech as well as he could by saying he had so done it as knowing his force, nature it might induce him to govern the more orderly, although he might have known that the King­dom of England was hereditary and that King Richard Dr. Bradys History of England p. 457. the first had by his last Will and Testament devised it unto him with all other his Dominions, and caused the Nobility there present to swear fealty unto him.

Which poyson so thrown into our Body Politick, and by degrees creeping into it may well be believed to have so fixed the venom thereof as it hath from age to age been the original Cause and fomenter of the very many mischiefs and discords (some Intervals of quiet interven­ing) that have until the late long Parliament Rebellion and the Murder of King Charles the first and ever since unto this very day by those unhappy discords hapned in our Parliaments General Consiliums Colloquiums or con­ferences betwixt our Kings and Princes, and a select num­ber of his Subjects for mutual Aids in a general and reci­procal concernment the best and most happy constitu­tion that ever was or could be practised in any King­dom if it could have escaped that Series malorum Conca­tenation of discords that have of late been too often their Concomitants either by some aversions to Loyalty, or by the Grand mistakes in the practise thereof, and by the Common people making the Parliaments of later times to be as their King, and he that is and should be their King little more than an extraordinary fellow Subject.

[Page 717] A Right observation and accompt whereof may from one unto the other lead us to the late blessed Martyrs fatal Murther, and that Pestiferous Doc­trine that did over much intice the Vulgus and ignorant part of the people, that there is and ought to be an Inhae­rent Right of Soveraignty in the people, it being not un­useful for after ages to know and understand the same with the beginnings and progress thereof, which for ought appears had its first original from Thomas Becket. Archbishop of Canterbury, who had in the troublesome Raign of King Henry the second, and at the time of the making the Assise and Constitutions at Clarendon, such a peevish ambition and unwarrantable loftiness of Spirit as after the King had in the presence of the said Archbishop and all the Bishops, Earls, and Barons of England receiv­ed their Recognitions and promises to perform and obey them, they were sent unto the Pope to have his approba­tion, who returned them to some with an hoc damnavit & toleravit as unto others.

And Stephen Langton Archbishop of Canterbury pro­moted by the Pope against the will of King John, disco­vering as a singular rarity the Charter of the liberties granted by King Henry the first, did so please some discon­tented Barons as they swore upon the Altar they would live and dye in the obtaining those beneficial Laws and Liberties, begot a Spirit of unquietness in them, which could not be allayed until the said Avitae consuetudines recognized and all ratified by King Henry the second his his Grandson by the constitions [...]at [...]arendon, which be­getting some little quiet broke out again in a worse manner upon his Son King John in the constraint and unkingly force put upon him at Running Mede, where those tumultuous Barons w [...] a great Army in battel Array the better to attain their said Charter of liberties had promised to pay debts but never intended it.

And were so faithless and unwilling to be his Subjects as what they by force extorted from that oppressed Prince could never truly and properly merit the name or title of a Charter, although he himself had been constrained so to call it, and the King of France in his Exception to his award made as aforesaid many years after had so sti­led it, yet those undutiful doings of theirs were disliked by divers of the Bishops that had been the Popes and [Page 718] those Rebellious Barons Favourites who it seems did so little intend what they ought to do and undertook as some of the Bishops could not deny to certify as follow­eth.

Omnibus Episc. sidelibus Stephanus De igra. Cant. Archiep. Ro. pat. 17. Johann. m. 20. dors Primas, & Sanctae Romanae Ecclesiae Card. Henr. Dublin. Archieq. Will. London, Petrus Winton, Joscelin. Bathon. & Glaston. Hugo Lincoln. Walter. Wigorn. Will. Coventr. Richar­dus Cicestr. & Magister pond Domini papae Subdiaconus & familiaris, Salutem, Noverit Universitas vestra quod quando facta fuit pax inter donum Regem Johannem & Barones An­gliae de discordia inter eas orta, lidem Barones nobis pre­sentibus & audientibus promiserunt dom. Regi quod quam­cunque securitatem haberi vellet ab iis pace illa observanda ipsi ei habere facerent praeter Castella & obsides (they hav­ing forced him to grant them Castles as Pledges (Postea vero quando dom. Rex petit ab iis ut talem cartem ei face­rent omnibus &c. Sciatis nos astricto esse per sacramentum & homagium dom. nostro Johanni Regi Anglae de fide ei servanda de vita & Membris & terreno honore suo contra omnes homines qui vivere possint & mori, Et ad Jura sua & & heredum suorum ad regnum suum custodiend. & defendend. ipsi ei facere nollent, Et in hujus rei testimonium id ipsum per hoc scriptum protestamur.

Although he had been so careful and willing to per­form the agreement made with them on his part as he directed his Writs unto his Subjects in every County in the words following, viz. Rex, &c. vic. Forestar. viridar. Custodibus Ripariorum & omnibus Ballivis suis in eodem Com. Ro. pat. 17. Johannis m. 23. in Dors. saltem, Sciatis pacem f [...]niam esse reformatam per dei gratiam inter nos Barones & liberos homines regni nostri sicut audire poteritis, Et inde per Cartam nostram quam inde fieri feceri­mus, quam etiam legi publice preceperimus per totam Balli­vam vestram & firmiter tenendi volentes, & districte praeci­pientes quod tu vic omnes de Balliva tua secundum formam Cartae praedictae Jurare facias 25 Baronibus de quibus mentio fit in Carta praedicta ad mandatum eorundem vel majoris par­tis eorum ipsis vel ad quos ad hoc attornaverint per Literas suas patentes, Et ad diem & locum quos ad hoc faciendum providerint praedicti Barons vel Attornati ab eis ad hoc vo­lumus etiam & praecipimus quod 12 Milites de Com. tuo qui eligentur de ipso Com. vestri primo Com. qui tenebatur post susceptione lite rarum istarum in partibus tuis de inquirendis [Page 722] pravas consuetudines tam de vic. quam de eorum Ministris. Forestis, Forestariis, Warrennis, viridariis & eorum Custo­dibus & eis delendis sicut in ipsa Carta continetur, vos igi­tur omnes sicut nos & honorem nostrum diligitis & pacem regni nostri omnia in Carta contenta inviolabiliter observatis & ab omnibus observi faciatis, ne pro defectu vestrum aut per excessum nostrum pacem regni nostri, quod dominus aver­tat, iterum turbari contingat, Et tu vic. pacem nostram per totam ballivam tuam proclamari facias & firmiter teneri praecipias Et in hujus &c. Vobis mittimus Teste me ipso apud Runnimed. 190 die lunii Anno regni nostro 17.

And a Charter thus gained and forced by Rebels not designed and desired by the King for ought appears and infringed only notwithstanding by the Rebels them­selves came after to be so little valued or esteemed to be valid or worthy of a confirmation, by any Parliament or approbation of any of our Kings or Princes in their very many Parliaments ever since, as that of Magna Charta made in the 9th year of the Raign of King Henry the 3 granting those many Liberties of the people of England, hath been 32 times confirmed, and that of his Father King John being after in that grand and dire Anathema­tion in the later end of the Raign of King Henry the third enforced upon him was only read before them unto him, and was in that our late Rebellious Parliament by the Agitators in Annis 3 & 4 Caroli not so much as ta­ken notice of, but altogether ecclipsed and silenced as a Charter not deserving a recommendation to posterity.

King Richard the second, (Henry the fourth having succeeded and deposed him) after his said Deposition was only stiled Chevalier, as the Record following will mention.

Inter Fines levatos tempore Henr. 4 in Com. Not. inter alia sic continetur ut Sequitur.

Haec est finalis concordia factu in cur. Dom. Reg. (H. 4.) apud Westm. A die sci. Martini in quindecim dies An Reg Dom. Re­gis Angliae & Franciae primo coram Willo. Thirning, Williel­mo Rickhill, Johanne Markham, Willielmo Hankford (it be­ing that William Hankford or William Thirning that not­withstanding their own Rebellions, could in some of the Reports or year Books of that Kings Raign adventure to say that the Laws were never better administred then at that time) & Willielmo Brenkslie Justic. Et postea A [Page 720] die Paschae in quindecim dies Anno regni ejusdem Regis Henrici quarto ibidem conces. & concordat. fuit coram eis­dem Justic. & aliis Domini Regis sidelibus tunc ibi praesen­tibus, inter Thomam Rempson quer & Richardum nup. Re­gen Angliae Chivaler defercient de maneriis de Bingham, Clipston O the Hill Juxta plumton cum pertinentiis ac 32. messuag. 34. virgat. terrae, 50. Acr. prati & 10 s. Reddit. cum pertinentiis in Clipston O the Hill Juxta Plumton, Cod­grave Kynalton Outhorp & Newton, [...]t de advocatione de Bingham unde placitum praedictum scilicet quod praedict. Nuper Rex recogn. praedict. maneria esse Jus ipsius Thomae habend. & tenendi dicto Thomae & haered de corpore suo de do­minis feodi illius per servitia quae ad advocationem praedict. pertinent in perpetuum, &c. Et pro hoc Recogn, &c. Idem Thomas dedit praedicto nuper Regi quingentas martas Ar­genti.

After the troubles of which King Henry the fourths u­surpation, followed the conquest of France by King Henry the 5th his Son, and the troublesome raign of King Henry the 6th reviving again the Rebellion of Jack Cade, ma­naged for the Interest and by the design of the House and Family of York, begun again to wake the long be­fore laid to sleep conservatorship of Liberties, which must be saith Mr. Pryn of 12 of the Nobility, 6. of the Commons, and so from one unto another, until the con­servatorship of the Liberties of the people came to take its rest in the house and Family of York, that was in deed the right heir of the Crown of England, and the Kings thereof, the Givers and Protectors of the Liberties of the Pryns 4th part of the Register of Parliamenta­ry Writs. People, which King Edward 4. well understood when he told Sir James Strangwaies the Speaker of the House of Commons in Parliament in these words following, viz.

James Strangwaies, and ye that be come from the Com­mons of this my land for the true hearts and tender conside­ration they have had to my Right and Title, that I and my An­cestors have had to the Crown of this Realm, the which from Ro. Parl. 1 E. 4. us hath been long withheld, and now thanked be almighty God of whose grace growteh all Victory by your true hearts and great assistance, I am restored to that that is my Right and Title; Wherefore I thank you as heartily as I can, and for the tender and true hearts ye have shewed unto me, and that ye have tenderly had in Remembrance the correction of the horrible Murder, and Cruel death of my Lord and Father, [Page 721] my Brother Rutland, and my Cosen of Salisbury and others; And I thank you right heartily, and I shall be unto you by the grace of Almighty God, as Good and Gracious a Soveraign Lord as ever was any my noble progenitors to their Subjects and Leigement, and for the faithful and loving hearts and also the great labour that you have born and sustained to­wards me in the recovering of my Right and Title which I now possess. I thank God with all my heart, and if I had any better to reward you withal than my Body, you should have it, the which shall alwaies be ready for your defence, neither spar­ing nor letting for no Jeopardy; praying you also of your hearty assistance and continuance as I shall be unto you very righteous and loving Leige Lord.

And the bloody Wars betwixt the two great contend­ing Families of York and Lancaster, those Factions tired on both sides, and the Attainders and Confiscations on both sides, in the Raign of King Edward the fourth, with the Marriage of King Henry the seventh, with the Daughter and heir of King Edward the fourth, his two Sons being Murdered by their Uncle Richard the third, who died without Issue, and King Henry the eight his quarrelling with the Pope, and confiscating the monasteries and Ab­bies, gratifying many of the Nobility with much of their Lands, and much obliging them thereby, and en­riching many of the Tenents and making them and their families to be Gentlemen that durst not own or approach that Title before, and the short Raigns of King Edward 6. and Q Mary busied by the one in the setting up of the Protestant Religion, and the other in reducing Popery to its former Station, gave a long tranquility from State disturbances augmented by Q. Elizabeths 44 years glo­rious & peaceable Raign, not only in the propagation & defence of it here, but in many other parts of Christen­dom, and gave a peaceable entrance to King James her next Heir and Successor, who met with two Grand As­saults of Treason, the one of Sr. Walter Rawleigh, and others, who fetching that Lawless Doctrine and Peice of Law some hundreds of years before set up, that alle­giance is due to the Crown, and not to the person of the King, long before condemned in Parliament in the ex­ample of Hugh le Despencer, in the Raign of King Edward the third, and the other being the Gunpowder Treason, was miraculously discover ed almost, in the very instant [Page 719] of executing thereof, and although villainously Wicked and Horrid fell much short of our last long Rebellion both as unto the length of time and Hypocrisy, shedding of Blood, Massacres, abuse of God and the Holy Scrip­tures, and the levelling and utter destruction of a most Ancient and Glorious Monarchy.

King James in the 22th year of his Raign over England departing this life not by taking an ill advised Medicine, to expel an Ague, as was villainously report­ed, but upon a careful examination could never be proved to have been other than Innocent, though re­commended by the Earl of Warwick then as it after ap­peared none of our Monarchy Favorites, King Charles the first his Son succeeding shortly after, espoused the Lady Henrietta Mary Daughter of Henry the fourth King of France made a League Offensive and Defensive with the States of the United Provinces, and besides two well exercised Regiments under English Commanders paid by the Dutch, sent unto them four gallant Regi­ments more under the several Commands of the Earls of Oxford, Essex and Southampton, and Lord Willoughby of Eresby, and a well Rig'd and Furnished Fleet against the King of Spain landed at Cales, whence without doing the business designed they returned home; The Duke of Buckingham and the Earl of Bristol in the mean time accusing in Parliament each other of Treason and Mis­demeanors, acted whilst the King as Prince was in Spain the one for the promoting the Marriage with the In­fanta of Spain, the other for hindering of it, whereupon followed the imprisonment of the Earl of Bristol in the To wer of London; and the King being put to great char­ges in his sending Embassadors and mediation in the ob­taining a considerable part of the last Palatinate to be restored to his Brother in Law, and to be made an eighth Elector to be joyned with the former seven, and with the yearly payment of giving great pensions to the dis­tressed King and Queen of Bohemia his four Nephews and two Neices, under the burden of great Debts and Necessities much augmented by the costly furnishing out a Fleet of Ships, and a gallant Army to invade the Isle of Ree in France, to divert the King of France from subdu­ing of Rochel the Inhabitants whereof had supplicated him for Aid, which produced none other effect but the [Page 723] loss of all his hopes therein by the ill conduct of the Ad­miral to the loss of some gallant men, yet was so unwil­ling to forsake those oppressed Protestants, as he after sent two if not three other Fleets strongly furnished Ships with Men, Arms and Ammunition to relieve them under more Skilful Commanders, who endeavouring all that men could do, were constrained to return home and leave those Protestants to the over-powering forces by Land of the King of France and in the midst of his own pres­sures and great wants of Money, having no more of his own Royal Revenue to support these expences than a­bout 800000 l. sterling per Annum for his Revenue, much whereof by the usual Lickings and Cheats of his Tru­stees, Officers and Receivers could never find the way to his Coffers.

And had been so incessant in his desires to help those oppressed Protestants of France as to procure Money to assist them in that his last attempt, he sending to the Ci­tizens of London to lend him 100000 l. They answered they could not for that they had heretofore lent unto his Father King James as much upon Privy Seals which had not been yet repaid, (although it was but lent by several Citizens to make up that some of Money (but if his Majesty would give them a security by some of his own Revenues in Land to pay the first hundred thou­sand pounds with interest for it, they would lend him another hundred thousand pounds, and the particular mens names that lent the Moneys to make up the first 100000 pounds were expressed in a Schedule, which done, as will appear by the said Schedule which I have seen 12000 l. per Annum of old Rents of Assise in Richmond­shire, or in the County of York, were by the King con­veyed and granted absolutely unto some Citizens in trust for the City of London for the payment of the said two hundred thousand pounds with the Interest as aforesaid for the said one hundred thousand pounds lent unto King James, the Wood and Timber only growing thereupon amounting unto as much as the aforesaid Sums of Money lent with the Interest, which over-profi­table bargain made by the City of London for themselves they with a parcel of conscience (not of God) did treat with the particular Lenders of the Money to King James, and for ten l. or a very little in every hundred com­ed [Page 724] and took up their Privy Seals, but were unwilling to trouble the King with the thought [...]s thereof to the damage of him and disherision of the Crown of England, and being taken notice of and complained of, a Commission was granted unto the Lord ottington, Sir Henry Vane, and Sir Charles Harbord the Kings Surveyor to enquire there­of and certify the King thereof, wherein they were so kind hearted, and the matters so managed, as no [...]hing more was heard thereof, but the City of London con­tinueth in possession of the said Manors and Lands, or have spent the same in assisting the late horrid Rebellion against him and together with it the CityOrphans Mo­ny, for which it hath been reported they are willing to pay them by composition after the rate of 6d per. ponnd, caused a Bill to be exhibited by his Attorney General in his Court of Starr Chamber against John Earl of Clare, and Mr. Selden for having only in their Custody two Books or Manuscripts directed unto him by Sir Robert Dudley an Englishman living in Florence, and stiling him­self a Titular Duke of that Countrey, endeavouring to instruct him in the method of raising Money by a Tax upon all the Paper and Parchment to be used in England, caused Sir Giles Allington to be fined in the High Com­mission Court for Incest and the Lord Audley Earl of Castlehaven to be arraigned in the Court of Kings Bench for Sodomy, whereupon after Tryal by his Peers he was Condemned and Beheaded, suffered a great Arcanum Im­perii in his Praerogative in taxing or requiring an Aid of Ship Money, or for setting out a Navy of Ships when the Kingdom was in danger, to be disputed in the Exchec­quer Chamber by Lawyers and Judges (which King Henry the fourth of France by a constant Rule in State Policy would never yeild to have done, imitated by Queen Elizabeth who in some of her Charters or Letters Patents as unto Martin Forbisher a great Sea-Captain declared de qua disputari nolumus) upon the case or question of 10 s. charged upon Mr. Hamdens Estate in Buckinghamshire of 4000 l. p. Annum wherein all that could be raked out of or by the Records of this King­dom was put together by Mr. Oliver St. John, and Mr. Robert Holborn, theformer being after made Cheif Ju­stice of the Court of Common Pleas by Hambden and the Rebel party, and the later taking Arms for the King [Page 725] faithfully adhered unto him, whereupon that cause coming to be heard, & all that could be argued for the not pay­ing or paying of it, of twelve Judges that carefully con­sidered the Arguments, and gave their opinions, there were ten concurred in giving Judgment for the King, and only two, viz. Justice Hatton, and Justice Crooke, who having before under their hands concurred with all the other, and suffered their subscriptions to be publickly inrolled in their several Courts at Westminster, could find the way to be over-instrumental in setting our Troy Town all in Flames whilst that pious Prince being over­burdened with his own more than common necessities did not omit any part of the Office of a Parens Patriae, but taking more care for his People than for himself (too many of whom proved basely and wickedly ingrateful) called to accompt Lionel Cranfield whom he had made Earl of Middlesex, and Lord Treasurer of England, fined him in vast sums of money, ordered him during his life never more to sit in the House of Peers in Parliament, received a considerable part of his Fine, and acquitted him of the residue.

And being desirous as his Father was to unite the Kingdom of Scotland in their Reformed Religion, as the more happy Church of England was both as unto Episcopacy and its Liturgy, that attempt so failed his expectation, as a mutiny hapned in the Cathedral Church of Edenburgh, and an old Wife sitting upon a Stool or Crock, crying out that she smelt a Pape at her Arse, threw it at the Ministers Head, whereupon a great mutiny began, and after that an Insurrection, which to pacify the King, raised a gallant Army of Gen­try and Nobility, with all manner of warlike provision, and marched unto the Borders, but found them so ill provided for defence as they appeared despicable, yet the almost numberless Treacheries fatally encompassing that pious King persuading him not to beat or vanquish them when he might so easily have done it, he return­ed home disbanding his Army, and a close Favourite of Scotland, was after sent to pacify them, but left them far more unruly than before, shortly after which, Philip Nye a Factious Minister that should have been of the Church of England, but was not, with some other as wicked Persons were from England delegated to Scotland, [Page 726] to make a Co [...]enant of Brotherly Rebellion against the King, and accordingly the Scots being well assured, that their Confederates in England would not hurt them, marched into England with a ragged Army with Peti­tions to the King, and Declarations of Brotherly Love unto too many of their Confederates, seised by the cowardise, or carelesness of the Inhabitants the Town of Newcastle upon Tine, notwithstanding a small Army ill ordered, was sent to defend it better than they did, so as the Scotch Petitioning Army quartering there, and in the Northern parts, the King hastening thitherwards with Forces, was persuaded to summon at Rippon a great Council of many of his Nobility, whither too many of them that came being more affected to the Scotch Army, that came like the Gibeonites with old Shoes and mouldy Bread were allowed to be free-quartered, and a Parlia­ment suddenly to be summoned at London, whereby to raise money for the discharge of their Quarters & Army charges, in the mean time the Scotch & their Commissio­ners, with their Apostle Alexander Henderson have license to visit London, where they are lamented, feasted and vi­sited, and almost adored as much as St. Paul was a­mongst the Macedonians or the Brethren, who cryed up their holy Covenant and Religion to be the best, the Church of England with her Ceremonies, Common Prayers and Potage, not to be compared unto it, the Parliament would help all, and the Scots Commissioners were so popular and in request, as they seemed for that time to govern both the City of London and Parliament, and by their peace, pride and plenty had generated Se­dition and Faction, and that combustible matter in England burst into a Fire which could not be quenched, the Kings Privy Council could not please the five Mem­bers, nor Kimboltons Ambition and Envy be satisfied without being made a great Officer of State, but pro­ved after to be a general of some associated Counties a­gainst the King, God might be worshipped with a thriv­ing Conscience, and the people taken care for by plun­dering Sequestration, Decimation, Killing, Slaying, or Impoverishing the Common Wealth or Weal Publick. Pym who had been Receiver of the Kings Money, and had not accounted for it in Twenty years, was once endeavoured to be pleased by being made [Page 727] Chancellor of the Exchequer, Hollis one of the Secreta­ries of State, Sir Arthur Haselrig and William Strode were to be put into great places, one to be Governour of the Prince, and the other as a Secretary, and there being no special Office for the Lord Kimbolton, the hopes of their being better Subjects and Councellors than the former begat their after Rebellion, for which three King­doms, and the ruin and desolation thereof, with the life of the Blessed Martyr King Charles the first might have been spared, if that Treason had been punished by Law, the King having been informed that some of the well-willers to the Scotish Rebellion had before hand con­veyed away their Estates, the next care to be taken, be­ing to take away the Life of Thomas Earl of Strafford, who was General of the Army of the King in the North against the Scots, who coming up to London to accuse Pym, and the rest of the five Members so called, found as he was knocking at the door of the House of Peers, Mr. Pym gotten in accusing him of High Treason, upon which he being Arraigned was Acquitted, when he was guilty of no Treason but they of abundance, but that not giving satisfaction to their wicked designs, they in­vented a way to have him again Arraigned upon a Bill in Parliament at the Suit of the Commons of Eng­land, (which was the first Bill in Parliament of that kind in writing that ever was before, to Interest, and proclaim the House of Commons to be Co-or­dinate and a third Estate, including the King to be in, or ex se one of them,) many of the Preachers were found fault with, for Arminianism and other Doctrines, by those that understood them as little as they did the Word of God, that they preacht up the Kings Power and Prerogative, and Doctor Manwarring voted by the House of Commons in Parliament to be punished and sequestred (whom the King afterwards made a Bishop,) Mr. William Pryn, Mr. Henry Burton, and Dr. Bastwick justly sentenced in the Court of Star Chamber, the first having his Ears nailed unto the Pillory, and all of them severally imprisoned in remote places were insolently voted out of Prison (an attempt ne­ver before adventured upon by an House of Commons in Parli­ament, and no such things as previous votings, in order to the fixing or carrying on evil designs, were ever before used to be [Page 728] made in any of our Kings or Princes Raigns) and were by multitudes of factious Londoners of the most Common sort intermingled, brought in a seditious procession on Horseback through the Streets with Rosemary in their Hats, or Hands. Mr. Pryn shortly after made a busy and fiery Member of Parliament, the two former where­of were fanatically reported to have had miracles or visi­ons seen upon the occasion of that they called their suf­ferings; Bills were put upon the Corners of the Streets in London, to invite People to give a meeting upon a certain day at Grocers Hall in London, to some Mem­bers of the House of Commons in Parliament, to pre­pare Petitions unto themselves, some Troops of Facti­ous Ministers, made themselves the Conductors out of several Counties, of many a simple Innovator, with Papers in their Hats, signifying no more than something they knew not what against Popery, the Porters of London must put on their Sunday Cloaths, and carry to the House of Commons printed Petitions against the Kings enjoying the Militia, where they were only in­formed that it was against Watermen of London's carriy­ing of Trunks, all the Boys in a Free School at Stamford in Lincolnshire, enticed by the naughty School-Master, to subscribe their names to a Petition against Bishops, with other numberless Cheats, and trciks to make fears and jealousies, and breed a Rebellion which might pro­ceed as much as it could, to break in peices (never as they hoped to be repaired again, our Ancient and flou­rishing Monarchy, the King maketh a progress into his Kingdom of Scotland, where they beg and importune him for the small Demesne Crown Lands, which he had left, and when he would have reserved enough to have defrayed the charge of his house keeping whilst he re­mained there, they would not trust him with the Mo­ney, for fear he should provide Arms with it (when in the mean time a Rebellion was begun in Ireland with a Mas­sacre) from whence when he returned to London, he was received by all the Citizens with the Hosanna of a Great seeming Joy, but suddenly after ill managed by some Lords and Commons in Parliament, their then too great Idol in a most Hypocritical way of a Remon­strance bearing Date the 14th day of December 1641. at Hampton Court, wherein with all zeal and faithfulness [Page 729] unto His Majesty, acknowledging his Royal favour and Pro­tection, Petition of the Lords and Com­mons to his Majesty at Hampton Court 14th of December 1641. to be a great blessing and security unto them, for the enjoying of all these publick and private Priviledges and Liberties, and whensoever any of them shall be invaded or broken.

And because the Rights and Priviledges of Parliament are the Birthright and Inheritance not only of themselves but the Kingdom, but every one of his Subjects is interessed (that is as to his protection only, whilst they are his Subjects do ho­nour and obey him, are so simpliciter, but not secundum quid) the maintenance and preservation whereof doth very highly conduce unto the publick peace and prosperity of His Majesty, and all His People, they conceive themselves more especially obliged with all humbleness, and care and constancy of Resolution, to endeavour to maintain and defend the same (as in an easie to be conceived manner of threatning.) Amongst other the Priviledges of Parliament they do declare that it is their undoubted Right, that His Majesty ought not to take notice of any matter in agitation and debate in either Houses of Parliament, but by their Information (which would not only contradict, but overturn the Reason Constitution, Records and Annals of all our Nation) And that he ought not to propound any condition, provision or limitation, in any Bill or Act in debate or preparation in either of both Houses of Parliament, or to manifest or declare his consent or dislike of the same before it be presented to His Majesty in the course of Parliament (so as they would have their King to be as a Mute until they shall have finished all they would, for otherwise one Interval might thwart another, how shall such a King be Master of a Judgment, or have any? or was God to be prayed unto to give his Judgment to the King or unto the People? or by what Rule of Right Reason should the King, being of full age and sanity of mind, not be permitted the right use of the Faculties of his Soul?)

And that the King ought not to conceive displeasure against any man for such Opinions and Propositions as shall be deliver­ed in such debate, it belonging to the several Houses of Par­liament respectively (which had their Original contra­distinct Powers and Customs) to judge and determine such Errours and Offences in Words or Actions that shall be com­mitted by any of their Members in the handling or debating any matter depending (which was contradicted by Queen [Page 730] Elizabeth when she charged the Members of the House of Commons in Parliament not to intermeddle in mat­ters of Church or State, or receive any Bills of that na­ture, and severely punished some Members that attempt­ed to do otherwise.)

Yet they complained in their so strange a claim of those their never to be found Priviledges, that they were to their great grievance broken by the Kings endeavouring to put a Salvo Jury to their Bill or Act of Parliament, forbid­ing the pressing of Souldiers, (at that instant when there was so great an occasion for the Wars in Ireland) and went much higher than the great Earls, the Constable and Earl Marshal of England, and Gilbert de Clare Earl of Gloucester did when in a Parliament of King Edward the first, they denyed him his accustomed Salvo Jure, where he or his Privy Councel or Councel at Law ad­judged it necessary.

And therefore humbly intreated his Majesty by his Royal Power and Authority (whereof it may [...] they would leave him as little as possibly they could [...] to protect them in those and all other their Priviledges of Parliament: And for the time to come would not interrupt the same, and that they may not suffer in his Majesties favour when he should be so greatly obliged unto his Subjects as to re­store again to his knowledge and Judgment, after the end of such a Parliament, never before known in Eng­land, or any other Nation of the Christian World, such a kind of Priviledge, neither being possible to be found or heard of on Earth or amongst the Antipodes, or in the discovery which Gonzagua's Geese made of the Countrey of the Moon, where the Servants are reported to govern the Masters, and the Children their Parents) And that his Majesty would be pleased to nominate those that have been his Advisers that they may receive such condign Judg­ment as may appertain unto Justice. And this his most faith­ful Councel, shall advise and desire, as that which will not only be a comfort to themselves, but of great advantage to his Majesty, by procuring such a confidence between him and his People, as may be a Foundation of honour, safety and happiness to his Person and Throne.

And probably had never adventured to fly so high a pitch, if some of the Lords and Commons in Parliament had not upon the Scotch petitioning Rebellion, and [Page 731] entring into England borrowed 150000 l. upon their several personal securities to pay their quarters whilst they were here, which Parliament Manacles of their King would have amounted to more than the aforesaid Sir Edward Cokes figment, of a modus tenendi Parliamen­tum used as he beleived in Edward the Confessors time.

And in the absence of Parliaments might have the Name and Title of King, until they should make an oc­casion to Print a Remonstrance against him, or arraign him.

And as a Prologue to their intended Remonstrance, Petition to the House of Commons. the next day they seeming not a little to congratulate his safe coming from Scotland, did beseech him to give more Life and Power to the faithful Councel of his Parliament, and being necessitated to make a Declaration of their grie­vances, Husbands Col­lections of Proceedings in Parliament and the corruption of some of his Bishops, especially such as are in a near trust and employment about him, and were divers of them of his Privy Councel, and about the Prince his Son, and have thereby a dangerous operation in his Councel and Government in this time of a preparation for War betwixt his Kingdoms of Scotland and Ireland, (which was then but procured and fomented by confe­deracy) Insurrection of the Papists and Bloody Affairs in Ireland, for prevention whereof they have ingaged them­selves and their Estates in the sum of 150000 l. Sterling, or thereabouts for the necessary supply of his Majesty in his dangerous Affairs, therefore they prayed.

1. That he would concur with the desires of his Parliament, for the depriving the Bishops of their Votes in Parliament, (which was the one half of that grand Fundamental of the Laws and Govern­ment of England in the House of Peers in Parliament,) and abridge their immoderate power usurped over the Clergy, to the hazard and prejudice of the Laws, Liberty, and Religion of his Subjects, and the taking away oppression in Church Government and Discipline, punishing such Loyal Subjects as join together in Fundamental Truths against the Papists, and by the oppressions of unnecessary Ceremo­nies.

2. Remove from his Councel all the promoters thereof, and to imploy such persons in his great Affairs and trust as his Parliament may conside in, (which was to govern him both in times of Parliament and without, when he [Page 732] hath at his Coronation taken his Oath to govern ac­cording to his Laws not any of the Peoples.

3 That he would not alienate any of the forfeited Irish Lands, (which begot good bargains for some of the ungodly contrivers, when they after purchased their Rebel perjured Soldiers arrears for xvj. d. per pound.

Which being fulfilled, they his most great and faithful Councel, (upon these conditions) [...]all by the blessing of God, (as they would have it) cheerfully undergo the ex­pence of the War, and apply themselves to such other means and Councels as shall support him, and make him glorious both at home and abroad.

In order whereunto the contrary way they did the 15th day of December 1641. notwithstanding his earnest request unto them, print and publish it, wherein (be­sides some of their own or their instigators, unquiet Spirits, ambitious or evil designs, to misuse and Govern their Soveraign, plainly appearing may be seen, and the many greivances of their own making, in the oppressing of each other, and undertaking to determine of matters and Mysteries of State, and the Arcana's and necessities of State, of which they could not possibly without ne­cessary Praecognita's, be competent Judg [...]s) they made a great addition to that prologue, to their subsequent Rebellion, and abominable consequence of the murder of that excellently pious Prince, insomuch is it may be over and over again, a wonder to be ranked amongst the greatest, in what untrodden or dark inaccessible Ca­verns of the Earth, these unknown and never accustom­ed Priviledges of the Parliaments of England, could lurk or lye hidden, when in all the Conservatorships of liberties, devised at Running Mede forced upon King John, the [...]ovisions made at Oxford, in the Raign of King Henry the 3d. neither any thing in the Raigns of King Edward the 2d & 3. & 4. and Richard 2d. Henry 4, 5, 6. Richard the 3d the Usurper, Henry the 7th. King Henry 8. E. 6. Queen Mary, Queen Elizabeth and and King James had never such shackles desired or claimed to be put upon any of them, unto which those Parliament Remonstrants, were the more incouraged by that oppressed Princes having his three Kingdoms, set on fire about his Ears at once; that of Ireland incited by his condescensions to that of Scotland; and that of [Page 733] England, as busy as the worst but gaining more by it, when the King had to pacify all, given them license by an Act of Parliament, to continue in Parliament, with­out adjourning, proroguing, or dissolving, until those great Sums of Money should be satisfied, and Ireland quieted, which they never intended, but hindred and perplexed all they could, although he offered to go thi­ther in Person himself which they would not consent unto for fear, least he should thereby get Arms and Power into his own hands, to frustrate their wicked de­sign, which that Republican wicked party, durst never offer to Oliver Cromwell, the Protector of their supposed Liberties, with any the least of those monstrous conditi­ons, by them called Priviledges, but could tamely suf­fer him to make his own Instrument of Government, alter the Course of Parliament, with more or less Mem­bers of the House of Commons in Parliament, pull out and imprison diverse Members of that House, and shut up the Doors, constitute a new House, of his mechanick and ordinary Commanders, instead of a House of Lords, after the Republican partty had made such an Act of Parliament as they could, that none should have benefit of the Laws, who did not take an oath of en­gagement not to have any more a King or House of Lords.

And to be disappointed as little as they could possibly in those their intentions, made all the hast they could to fire their Beacons of personal Plots and dangers a­gainst themselves, the great Patriots of the Kingdom, and Weal publick, as they had done before against Po­pery, and therefore incredible Plots and Conspiracies were discovered by one of their Members, who had an especial faculty therein, and likewise by others, as a Plaister taken from the sore of a man infected there­with, and brought by an Incognito in a Letter to Mr. John Pym, the Lord Digby seen at Kingston upon Thames, with four Horses in a Coach in a warlike manner, Hor­ses kept and trained under ground, and a dangerous de­sign to blow up the River Thames with Gunpowder, whereby to drown the Parliament Houses with many the like ridiculous fopperies to affright the easy to be deluded silly Vulgar, and engage them in a Rebellion, and were in the mean time to be secured themselves by [Page 734] a guard, for which they [...]e [...]tioned the King, who or­dered the Justices of Peace to command the Constables of that division to furnish one, but that would not ac­commodate their purposes, nothing would help forward their more than ordinary designs, than a guard by the Trained Bands of the City of London by turns, which be­ing granted by the King, suddenly after the Citizens Wives were so afraid of the danger o [...] the Tower of Lon­don, as they could not lye dry in their Beds, and the Lieutenant of the Tower must be displaced, and a more confiding one put in to give them content that never in­tended to be satisfied.

Which being done the Pulpits of the Prebyterian Scotized Clergy flaming, and the Printing Presses, Sta­tioners and Cryers in the Streets, as busy in the pub­lishing the Harangues of the House of Commons Mem­bers in proclaiming the imaginary grievances, and he was a small man at Arms that had made and published no more than one or two such Speeches, mean while Protestations were ordered to be made in every Parish of England and Wales, to defend the King and the Prote­stant Religion, the King going into London in his Coach hath a Paper thrown into it with a writing thereupon, To your Tents O Israel, the many Rude [...]eople of the adjoyn­ing Hamlets came in droves to the Parliament, crying, No Bishops, and for Justice, and as they pass by White­hall Gate and knock at it desire to speak with the King, who sends unto the Students of the Inns of [...]ourt, with some Captains and Commanders to attend him as a supplemary Guard, who came and had a Diet and Ta­ble provided for them, the Bishops do leave the House of Peers with a protestation (patterned with one in 11 R. 2.) that they could not sit there in safety, for which they were all made Prisoners in the Tower of London, but were all afterwards released, except Mat­thew Wren Bishop of Ely, who remained there sequestred from his Bishoprick, for something more than 13 years, without knowing for what cause or crime until his late Majesties happy Restauration.

Mr. Henry Martin a Member of the House of Com­mons in Parliament, more fearing the Anger of his Mistress than his God or King, begins in Parliament to declaim against the King, saying, that he was not fit to [Page 735] Raign or Govern, and moved that all the Regal Orna­ments customarily lodged in the Abby of Westminster under the custody of the Dean and Chapter thereof might be seised; one Mr. Parker made hast to make himself an Observator of the Rebellious way with dislocated Max­imes, abused and wrested out of their proper meaning, and Interpretations, viz. Quod efficit tale est magis tale, the King is Major singulis, but minor universis, & salus populi est suprema Lex, which although Learnedly an­swered by the more Loyal Orthodox Party to an ample Conviction that should be, could not satisfie or stop the designed Confederacy and Rebellion, but the ten Judges of the twelve that gave their Opinions in the case of Mr. Hambden against him concerning the Ship­money for the King, were by the Parliaments Order put out of their Offices and Places; Justice Berkly one of the Justices of the Court of Kings Bench taken Prisoner as he was sitting by the Usher of the Black Rod attending the House of Peers, after which Mr. Denzal Hollis came to the House of Lords, and with greater boldness than assurance, claimed the Militia and Power of the Sword to appertain of Right to the People; and Mr. Pryn writes and Publishes his Book of the Supremaey of Pryns Sove­raignty of Parliaments. Parliaments, seconded by Mr. John Whites Book enti­tuled a Politick Chatechism, undertaking to prove by John Whites Politick Ca­techism. our Laws the Resistibility and Forcing the Power of our Kings to be Vested in the People, and the Judges were commanded by the Parliament without the King to de­clare to the People in their Circuits, that the Militia is, and ought to be in the Parliament as the Representative of the People (which was never before done, read, seen, or heard of in England) which all the Judges obeyed, but my honoured Friend the worthy Sir Thomas Mallet one of the Justices of the Court of Kings Bench, who not forgetting his very Ancient and Noble discent, plainly and resolutely at every place in his next Circuit, declared it in all his Charges to be in Law de Jure Coro­nae suae in the King, and for his so exemplary Loyalty, was in the last place of that Circuit by Sir Richard On­slow Knight a Member of the Commons House in Parlia­ment with a Troop of Horse, as he was sitting upon the Bench at Kingston upon Thames Arrested and carried Prisoner to the Tower of London, and the Wind and [Page 736] Tyde of fear and self-preservation did then so impetu­ously drive Sir Edward Littleton, the Lord Keeper of the Great Seal of England, (who some years before, when he was a young Man, made it a part of his Praise or Olym­pick Game, to prove by Law that the King had no Law to destrain men esse Milites,) and Sir John Banckes Knight Lord Chief Justice of the Court of Common Pleas, that they joyned with the then Illegal concurrent Votes of too many of the House of Peers, that the Mili­tia which was the Right and Power of the Sword, and Jus divinum gladii, and the totum aggregatum, and sup­port of the Government was in the People when our Learned Bracton hath truly informed us, that in Rege qui recte regit necessaria sunt duo, Arma videlicet, & Leges quibus utrumqne bellorum, & pacis recto possit gubernari, utrumque enim istorum alterius indiget auxilio quo tam Res militaris possit esse in tuto quam ipsae Leges usu Armorum, & praesidio possent esse servatae, si autem Arma defecerint contra hostes Rebelles & Inimicos, sic erit Regnum indefensum si Henr. de Bra­cton in pro [...]io. autem Leges sic exterminabitur justitia, nec erit qui justum faciet. Following therein that opinion of Justinian the Emperour in his Institutes.

And did declare (not like men that had taken the Oaths of Allegiance and Supremacy before they were ad­mitted into that House) that if any Person whatsoever (where­in the King or his Command ought to have been excep­ted) shall offer to arrest or detain the Person of any Mem­ber of that House without first acquainting their House, or receiving further Order from that House, that it is Lawful for any such Member, or any Person to assist him, and to stand upon his, and their guard, and defence, and to make resistance according to the protestation taken to defend the Priviledges of Parliament, (which was neither to commit or maintain Treason, or make that without the Kings Au­thority to be Treason that never was, & their intollerable haughty Priviledges so incompatible and inconsistent with Monarchy demanded by the Petition of the Lords and Commons in Parliament, the 14th day of December 1641. can never be able to withstand the dint and force of the Law, and Right Reason if a Quo Warranto should be brought against them.)

Whereupon the King the 4th day of January 1641. com­ing into the House of Commons in Person, (no such Com­pany [Page 737] attending with Pistols at the Door as was untruly reported) and being sate in the Speakers Chair, said, he was sorry for the occasion of coming unto them.

Yesterday he had sent a Serjeant at Arms to apprehend some that were accused of High Treason, whereunto he ex­pected Obedience and not a Message, and that he must de­clare unto them, that in case of High Treason no Person hath a Priviledge.

And therefore he was come to know if any of these Persons ac­cused were here, for so long as those Persons accused for no slight crime, but for Treason, were there he could not expect that that House could be in the Right way, which he heartily wishes, and therefore he came to tell the House that he must have them wheresoever he can find them, but since he sees the Birds are flown, he doth expect from them that they should send them unto him as soon as they return thither, But assures them in the word of a King he never did intend any force, but shall proceed against them in a legal and fair way, for he never meant any other, (which they might easily have done, when they had his own Serjeant at Arms attend­ing that Honse for no other than such like purposes.)

The next day being the 5th day of January 1641. (not­withstanding that Treason, Felony, and Breach of the Peace were always by the Laws of England, and Cus­toms of their Parliaments exempt, and never accompted to be within the Circuit of any Parliament Priviledge, for otherwise Parliaments, and great Assemblies well Affect­ed, or ill Affected would be dangerous unto Kings) they declare the Kings coming thither in Person to be an high breach of the Rights and Priviledge of Parliament, and in­consistent with the Liberty and Freedom thereof, and there­fore adjourned their sitting to the Guildhall in London, (which they should not have done without the Kings Order) that a special Committee of 24 should sit there also concerning the Irish Affairs, of which number was Sir Ralph Hopton, that after got out of their wicked errors, and fought and won sundry glorious Battels for the King against those Parliament Rebels, and some few more of that their Committee deserted their Party.

And the Writ sent by King Edward the first to the Justices of his Bench by Mr. Pulton stiled a Statute made in the 7th year of his Raign, might have sufficiently in­formed 7 E. 1. them, and all that were of the profession of the [Page 738] Law in the House of Commons in Parliament, that in a Parliament at Westminster, the Prelates, Earls, Barons, and Commonalty of the Realm have said that to the King it belongeth, and his part is through his Royal Seignory streightly to defend force of Arms, and all other force against his Peace at all times which shall please him, and to punish them which shall do contrary according to the Laws and Usages of the Realm, and therefore they are bound to aid him as their Soveraign Lord at all times when need shall be, and therefore commanded the Justices to cause those things to be read before them in the said Bench, and there In­rolled.

The before confederated national Covenant betwixt England and Scotland being by Ordinance of Parliament (for so they were pleased to call their no Laws) confirmed under a penalty that no man should enjoy any Office or Place in the Commonwealth of Engl. and Ireland that did not Attest and Swear it, which the King prohibiting by his Proclamation sent unto London, the bringer where­of was hanged, the King certainly informed of the trai­terous practices, and other misdeameanors of the Lord Kimbolton, and his aforesaid Associates, did as privately as possible with the Prince Elector Palatine his Nephew, and no extraordinary attendance go in person to the House of Commons to seize them, because his Serjeants at Arms durst not adventure to do it, who having no­tice of it by the Countess of Carlisles over-hearing his whispering to the Queen, and suddenly sending them notice thereof, were sure to be absent, wherein he be­ing disappointed, did afterwards by his Attorney Gene­ral exhibit Articles of High Treason, and other Misde­meanors against them.

1. That they had traiterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom, and deprive the King of his Legal Power, and place on Subjects an Arbitrary and Tyrannical Power (which shortly after proved wofully true, and for many years after so con­tinued.)

2. That they have endeavoured by many foul aspersions upon his Majesty, and his Government to alienate the af­fection of his People, and to make his Majesty odious unto them.

3. That they have endeavoured to draw his Majesties [Page 739] late Army to disobedience to his Command, and to side with them in their trayterous designs.

4. That they have trayterously invited, and incouraged a forreign Prince to invade his Majesties Kingdom of Eng­land.

5. That they have trayterously endeavoured to subvert the very Rights and being of Parliaments.

6. That for the compleating of their traiterous designs, they have endeavoured as far as in them lay by Force and Arms, to compel the Parliament to joyn with them in their traiterous designs, and to that end have actually raised, and countenanced Tumults against the King and Parliament.

7. That they have traiterously conspired to leavy, and actually have leavied War against the King.

Whereupon the House of Commonsin Parliament the 3d. of January 1641. did Order, that if any person should seal up the Trunks or Doors of any Members of their House, (which in the case of the King for Treason, was not certainly within the Virge of their Commission, or pur­pose of their Election either by the King or their Coun­tries, or their Indentures or Wages allowed, nor the Priviledge of Freedom from Arrest of their persons or goods, whilst they are there in his important service) they should require the Aid of the Constable, who by his Oath of Allegiance was not to do it.

And in another Declaration of the 7th day of January 1641. Printed and Published, (which in this Kingdom, or any other part of Christendom was never accustomed or allowed to be done,) were pleased untruly to affirm that the King having sent a Serjeant at Arms to their Spea­ker to demand the persons aforesaid accused, and being de­nyed, came the next day in his Royal Person to demand them, with Halberts, Swords and Pistols, attending without at the Door, (who if they had been as dreadful as they would make it, would have been but necessary, lest he might have been Stabbed and Assassinated, as Julius Cae­sar was unguarded in the Roman Senate.)

Did declare that the Arresting of the said Accused Mem­bers or any other Members of Parliament by prretence or co­lour of any Warrant issuing from the King only, (as if they were assured of a Co-ordination with him) is guilty of the Breach of the Liberty of the Subject, and of the Privi­ledge of Parliament, and a publick Enemy of the Common [Page 740] wealth, and that the Arrestnig of any of the said Members, or any other Member, without a Legal proceeding against them, is declared, a publick Enemy of the Commonwealth, notwithstanding, they did declare that they would no [...] protect any Member that should be prosecuted by the King according to the Law of the Kingdom, and the Rights, and Priviledges of Parliament, for Treason, or any other Misdemeanor (so as they which never were yet a Judicature, or had ever any power to examine a Witness, might be the Judges what was the Law or Treason) and will be as willing that Justice be done against the Commons, as to defend the just Rights and Liberties of the Subjects, and Priviledges of the Parliament of England.

That the Priviledges of the Parliament, and Liberties of the Subjects so violated and broken, cannot be sufficiently vindicated, (a punctilio of Honour never before insisted upon by any of the Parliaments, or Subjects of England to their Soveraign Kings or Princes,) without the deliver­ing up unto them the names of those that advised or councel­led him thereunto, and the coming in his own Person, the publishing of the said Articles, and Printed Papers inform against the said Members, to the end that such persons may receive condign punishment, (intending very likely to have it only left to their own lately self-erected Soveraign­ships.)

The County of Buckingham Petitioned for Mr. Hamb­den, and did adventure to say, that in their Opinion his Majesties Accusation of him doth oppugne the Rights and Priviledges of Parliament, which was according to the Protestation to defend the King, and the Church, and Commonwealth.

The House of Commons the 15th of January 1641. examined Sir Edward Herbert the Kings Attorney Gene­ral upon several Articles concerning the Accusation for Treason against the Lord Kimbolton, and the other Mem­bers, and whether he would undertake or make good the said Articles, or any of them, if he shall be called before the Lords, unto which he answered by my for­mer expression, you may discern what answer I cannot make or take, to make one Title of them, otherwise than as my Master hath informed me, and enabled me, for of my self I cannot, nor will not do more than one that never heard of them.

[Page 741] Whereupon it was resolved by the House of Com­mons, that the said Attorney General had broken the Priviledge of Parliament in praeferring the said Articles, and that a Charge be sent up to the House of Lords in the name of the House of Commons against him, to have satisfaction for the great scandal and injury which he hath done to the said Members, unless by Thursday next he bring in and make good, if he can, the said Ar­ticles against the said Members, or any of them.

The 4th of March 1641. the King from Royston in his Journey towards York, being deterred from his Palace at Whitehall, wrote to the Lord Chancellor, command­ing him to read unto the Lords the Copy of his Charge against the aforesaid Members, and nominate a Com­mittee to examine the Evidence thereof, and also signi­fied, that what his Attorney General had done therein, was by his command, and according to his Duty.

But having declared that he found cause wholly to de­sist from prosecuting the said Members, he had com­manded him to proceed no further therein, nor to pro­duce or discover any proof concerning the same.

After many Messages and Petitions not to suffer the Queen to go with the Princess of Orange her Daughter into Holland, nor to take the Prince into Yorkshire with him, many Petitions and pretences to have the Militia put into their hands, absolutely to secure them from their (own coyned) fears and jealousies, and a denial of that but for a limited time, they having also not failed in desiring strong Towns, Castles, Forts and Garrisons to be put into their Custody, and voted Sir John Hotham one of their Members no Traytor, after the King had Proclaimed him a Traytor for his denying him entrance, when he Personally demanded it, into his strong Forti­fied Town of Kingston upon Hull; and a 2 or 3 Remon­strance over-boldly Printed and Published to Idolize themselves, and inflame the silly people, and made their Blockades, Circumvallations, Trenches and Mines a­bout our Monarchy, and too many of the deluded peo­ple ready to betray and deliver it up, or gape at the spoil, which might inlarge and better their formerly wicked conditions, and appointed Deputy Lieuetnants, and Commanders in every County and City, took into their hands the Kings Navy with the profit of his Customs, [Page 742] and all that they could by fear or fraud get into the hands or clutches of their Wolves, Foxes and Harpies, Birds or Beasts of prey; mean while the King labouring by many Princely Answers to their Messages, Letters, and Proclamations to keep them from the Witchcraft of Rebellion, the more they galloped into it, and nomi­nate the Earl of Essex to be their General, and a great contribution of Plate and Money as before hath been mentioned, to bring the King home to his Parliament, who might have been more ready than they, had he not been encompassed without any cause, or provocati­on with as many Treasons, Plots, Falsehoods and Trea­cheries as he had Hairs upon his Head and Beard, with no small want of Money and Friends in the midst of his three once flourishing Kingdoms, flaming, and on fire about his Ears, which could not otherwise have brought such an accumulation of evils upon him.

And being somewhat supplied by many of his Ex­checquer Receivers, who brought unto him Remain­ders of Moneys upon their Accompts, (John Pym ex­cepted, that was the Kings and his Fathers Receiver in Arrear about 22 years, and could not be at leisure, lest he should thereby hinder the managing of his Trea­son against the King, and so would have made a trusty Chancellor of the Exchecquer for the King,) marched as well as he could toward his Loyal Subjects of Wales, whither to hinder and distress him the Earl of Essex, with his Army of Rebels way-laying him at Edge-hill in Warwickshire, where Loyalty and Rebellion fighting a bloody Battel, and Robert Earl of Lindsey the Kings Ge­neral being hurt, and carried away Prisoner to Warwick Castle shortly after died, his Son the Lord Willoughby of­fering himself an Hostage, being not according to the Laws of War accepted, and the Rebels Cannons levelled against the brow of the Hill, where the King and the Prince sat, but being disappointed, left the Field, and re­tired to Warwick, and the King keeping it all that night, the next day marched to Banbury and took it, from thence fixed himself at Oxford, to which very many Par­liament Men that were Loyal retired, and kept a true Parliament, howsoever the Rebels made shift to get by parcels to London, where they Publish how near they were to gain the Victor [...] of which they could have given [Page 743] a greater eertainty of the Lord Wharton had not hid him­self in a Saw-pit, and Stephen Marshal a Factious Mini­ster had not mistaken himself, when in his Parish Pulpit at Finching field in Essex, he had related an impudent Lye in the hearing of one that had been in that Battel, that he had pickt up Bullets in his Velvet Cap to help the Rebels Souldiers, when a Souldier that heard him so preach, could have proved that he at another time had confessed, that he was so affrighted that he had run away four or five Miles from the place where the Battel had been, before he knew where he was, after which they were so unwilling to forsake their Treasonable hopes as they rallyed, and ingaged all the Friends the Devil could help them unto, insomuch as the War grew more and more fierce, as at the Kings Besieging of Gloucester, the effascinated Citizens of Londons Trained Bands came to raise the Siege, a sharp Fight was at New­bury, where they were beaten, and Weemes a Scotish Can­noneer taken Prisoner, whilst he was levelling at the Person of the King, in a Bloody Fight at Copreby Bridge where the Rebels had the worst, and yet Weemes was pardoned, and left to do more mischief, when all he could say was, in Gude Faith his Heart was to the King.

And the King was from place to place so victorious as he drove the Parliament Rebels by the help of his Ne­phews, Prince Rupert and Prince Maurice, and the gal­lant Conduct of Sir Ralph Hopton, and the Greenviles, and the courage of the Cornish men (for which they had the Kings thanks publickly read and Registred in the Churches) the Earl of Essex, and his Rebel Parliamen­tarians were so driven and penn'd up at Lestichiel in Cornwal, as their whole Army, Cannon and Amunition, Bag and Baggage were seized, and the Earl of Essex, and some other Commanders enforced to shift and save themselves in a Cock-boat, Sir William Balfour getting away with some of the Horse, notwithstanding all which, and that that over-tender hearted Prince had experimented more than once their Rebellion was inex­orable, and that neither his Protestation upon the Sacra­ment, nor the word stamped upon his Coyn for Religi­on, and the Priviledges of Parliament could make them forsake their Rebellious Principles, could not forbear to [Page 744] bring them if possible out of that sin of Witchcraft, but when he might with a victorious Army have beaten them at Bramford, did by some that were hired to betray [...] Councels, (for by that time they had as much lea [...] the Art of Bribery, as they had the glosses of Rebellion, rouse their obdurate and feared Souls with Messages for Peace, and divers Royal Ministers and Citizens of Lon­don had petitioned them to make Peace with the King, who sent the Earls of Southampton and Dorset unto their then called House of Peers, who were answered and re­ceived uncivilly enough as to their own Persons, and the King their Master that sent them, Printed and Publish­ed intercepted Letters betwixt the King and the Queen, and relying more upon their confederating Brethren of Scotland than upon their God, and the King his Vicege­rent, in all hast sent to invite them to come unto their Aid, which they did, and before they went home, had 300000 l. Sterling paid unto them for their Rebel As­sistance, which putting a stop to the Kings Victories, especially in that unfortunate Battel at Naseby, and after­wards at Marston Moore by a misintelligence at the later betwixt Prince Rupert, and the Earl of Newcastle, the King condescended to a Treaty by Commissioners at Uxbridge, where no other reason could be accepted, but as if the King had been a Subject, and they his Sove­raign, they appeared willing to transfer unto their Scot­ish Brethren a great part, if not all, of the Kingdom of Ireland, every attempt and self-defence of the King, and his Loyal Party bringing no better comfort than dispair, he gave license to his good Subjects to retire into the Parliament Quarters, or unjust Dominion, and com­pound for their supposed forfeitures (which much en­creased their Treasure and Power) for fighting against the King, when they fought for him against his Rebels, as if the King and they had been but one Incorporation, and themselves the head, and the King could be a Rebel to himself, and them at the same time, and Wat Tyler or Jack Cade, or the late Massinello had Authority to make themselves Soveraigns, which they had not impudence enough to adventure, for it must needs appear to all Mankind to be a Gipsy jugling trick, or Proteisme never before heard of in any part of the World.

The Noble Earl of Scarsdale refusing to compound, [Page 745] but retiring home, did ever after cloath himself in Sack­cloth, and every day to his death make a visit to his Tomb.

The King thus vanquished by Clemency and hopes to out-reason their detestible Rebellion, with all the secresie imaginable, retired out of Oxford with a too much over­trusted Groom of his Bed-chamber riding out, as the man with Mr. Hudson an Orthodox Loyal Minister, their Journey being designed for London, where the King was informed that the City Train Bands were to muster the next day after he should reach thither, unto whose Protection (not of the Scotch Army then quar­tered at Newcastle upon Tine) he intended to place the safety of his Person, whilst he should Treat further with his Parliament Rebels, (who being sufficiently infected with their Parliamentary Rebellious never to be warran­ted Principles, would have given him as little an assist­ance) whereof the Rebels being informed before hand by their Colonel Rainsborough that granted the King his pass, and did too well understand who was the treache­rous Groom of the Bed-chamber mans Master, when the Loyal Party were afraid what was become of the King, the Rebels could answer, they would shortly hear of him, who coming near unto London, finding himself disappointed by the Training put off, was enforced to coast about betwixt Branford and Highgate, and from thence resolve to take his way to the Scotish Army, and cast himself into their Protection, after that he had be­fore met with so bad an effect of their contrary Loyalty, whither being come, they, as if they had had no manner of Intelligence of it before, write their Letters to their Brother Parliament Rebels of their great amazement to see the King come unto them, and desire that he may be brought home to his Parliament, (over which they had such an influence as they almost governed them) in honour and safety, who fail not to do it in promises, but would have him delivered to them, and sent to an house of his own at Holmby in the County of Nor­thampton, where he should not want a guard of their own, whereupon the Scotish Commanders having fallen into a deeper than ordinary consideration how they could with Honour, Loyalty, and gude Conscience deli­ver their Native King into the hands of his Enemies, and [Page 746] going to voting, two great Commanders that in muckle manner had been obliged to their King for many great favours, and might have ballanced the Vote with a great deal of facility in the Negative, were mightily sus­pected to have gone privately along with them, that they were certain would make up the Majority for deli­vering of the King up to his Parliament Adversaries, but took by all means an especial care for themselves to Vote against the delivering of the King into the hands of those that would love their own ends more than any of his Rights or their Duty, and a bargain came so to be made, as the King was put into the mercy of the English Parliament, and 200000 l. Sterling, which amounted unto something more than Judas Iscariots thirty pieces of Silver, for betraying Jesus Christ. And as Mickel as the 200000 l. were above the Scotch Marks, or 13 d. half­penny english, none or very little of it could ever after find the way to the Pockets of the Scotch Plads, or blew Caps, and he had not been long at Holmby, but he was in a Morning betimes fetcht out of his Bed by Cor­net Joice a Fanatick Tayler, with some Troops of Horse sent by Cromwel and Fairfax, into their Army, Quarters, and tossed from place to place until after 25 Treaties, Letters and Messages for Peace, they had from Treache­ry to Treachery, and Villany to Villany contrived his execrable Murder.

The 2d of June 1642. the Lords and Commons in The 19 Pro­positions sent unto the King the 2d of June 1642. Parliament did offer their humble Petition and Advice, having nothing in their thoughts and desires (as they pretended) next unto the Honour, and immediate service of God, more than the faithful performance of their Duty to his Majesty and this Kingdom, as the most necessary and effectual means thereof, to grant and accept the 19 Propositions ensuing, viz.

1. That the Lords and others of his Majesties Privy Council, and all such great Officers and Ministers of State either at home or abroad, or beyond the Seas, may be put from your Privy Council, and have no Offices or Employments, excepting such as shall be approved of by both Houses of Parliament, and that the Persons put into their Places and Employment may be approv­ed of by both Houses of Parliament, and that Privy Councellors shall take an Oath for the due execution of [Page 747] their Places in such form as shall be agreed upon by both Houses of Parliament.

2. That the great Affairs of the Kingdom may not be concluded or transacted by the advice of private men, or by any unknown or unsworn Councellors, (Sir Robert Cotton a great Antiquary with a well furnished Li­brary, being often consulted with by King James and that Prince in special matters,) but that such matters as concern the publick, and are proper for the High Court of Parliament, which is his Majesties great and supream Court, may be debated, resolved and transacted only in Parliament, (which was contrary to the Fundamental Laws and Constitutions of Parliaments in this, and all other the Kingdoms of the Christian World, whereby the matters and business of Monarchy, and the Regal Government were limited and restrained unto arduis, & non omnibus arduis sed quibusdam) and not elsewhere, and such as shall presume to do any thing to the contra­ry, shall be reserved to the censure and judgment of Parliament, and such other matters as are proper for his Majesties Privy Council shall be debated, and concluded by such of the Nobility, and others, as shall from time to time be chosen for that place by approbation of both Houses of Parliament, (which would have Incorpora­ted, and Associated the House of Commons in Parlia­ment with the House of Lords, which never was, nor ought to have been otherwise than inferiour unto the House of Peers in Parliament, and therefore stiled the lower House of Parliament,) and that no publick Act concerning the Affairs of the Kingdom as are proper for his Majesties Privy Council, may be esteemed of any va­lidity as proceeding from the Royal Authority, unless it be done by the Advice and Consent of the Major part of his Council Attested under their hands; and that his Council may be limitted to a certain number not ex­ceeding 25, nor under 15. And that if any Privy Coun­cellors place happen to be void in the intervals of Parlia­ment, it shall not be supplied without the assent of the Major part of the Council, which choice shall be con­firmed at the next sitting of Parliament, or else to be void.

3. That the Lord High Steward of England, Lord High Constable of England, (which by Marriages and [Page 748] Descent had been Incorporated in the Royal Line,) Lord Chancellor, or Lord Keeper of the Great Seal, Lord Trea­surer, Lord Privy Seal, Earl Marshal, Lord Admiral, Warden of the Cinque Ports, Governour of Ireland, (the Chancellor of the Exchequer, Master of the Wards, Secretaries of State, two Chief Justices, and Chief Baron not being to be ranked with the Peers) may always be chosen by the approbation of both Houses of Parliament, (the House of Commons being never before accomp­ted equal with the House of Peers, in Birth, Honour, Wisdom, Education, Alliance, or Estate,) and in the Intervals of Parliament by the Assent of the Major part of the Councel, in such manner as was before expressed in the choice of Councellors, (which in a matter of a much less consequence in the Government of the Kings Houshold, was so little endured by the Nobility of England, in the 10th year of the Raign of King Richard the 2d, as it was adjudged an incroachment upon Regal Authority, and high Treason, and some great Lords suffered in their Persons and Estates for it, and others glad to receive their Pardons for being confederate or Privy thereunto.)

4. That he or they unto whom the Government, or Education of his Children shall be committed, shall be approved by both Houses of Parliament, and in the In­tervals of Parliament by the Major part of his Council, in such manner as was before expressed in the choice of Councellors, and that all such Servants as are now about them, against whom both Houses shall have any just ex­ception shall be removed (which before they had disclaim­ed, as Mr. Rushworths Historical Collections Printed, and Rushworths Historical Collections. allowed by them not long before had informed us)

5. That no Marriage shall be concluded, or treated for any of his Children with any Forreign Prince, or any Person whatsoever abroad, or at home without the con­sent of the Parliament, under the penalty of a Praemu­nire unto such as shall conclude, or treat any Marriage as aforesaid, (which they had as aforesaid disclaimed) and the said penalty shall not be pardoned, or dispenced with, but by the consent of both Houses of Parliament, (that lower House never having before, or since any power of pardoning or dispensation, nor that higher without the Sanction or Authority of their Soveraign.)

[Page 749] 6. That the Laws in force against Jesuits, Priests, Papists, and Recusants be put in execution without any Toleration or Dispensation to the contrary, and that a course may be enacted by Authority of Parliament to hinder them from making any disturbance in the State or Law, by Trusts or otherwise.

7. That the Votes of Popish Lords in the House of Lords may be taken away so long as they continue Pa­pists, and that his Majesty would consent to such a Bill as shall be drawn for the Education of Children of Pa­pists by Protestants in the Protestant Religion, which was to take away the Priviledge of Barons holding by Tenure without conviction for Treason, and of Earls, Viscounts, Marquesses or Dukes, which ever since the beginning of the Raign of King Richard the 2d. were by that, and all succeeding Kings Letters Patents, to have vocem locum & sedem in Parliamentis.

8. That his Majesty would be pleased to consent that such a Reformation be made of the Church Government and Liturgy as both Houses of Parliament shall advise, wherein they do intend to have consultation with Di­vines as is expressed in their Declaration to that purpose, and that his Majesty will continue his best assistance un­to them for raising of a sufficient maintenance for Preaching Ministers through the Kingdom, (when there was no want of the Orthodox more Loyal and better sort) and that his Majesty would be pleased to give his consent to Laws for the taking away of Super­stitions and Innovations, and of pluralities, and scanda­lous Ministers, (which in their accompt were only of the Church of England and Loyal)

9. That his Majesty would be pleased to rest satisfied with the course that the Lords and Commons have ap­pointed for the ordering of the Militia, until the same shall be further setled by a Bill, and that his Majesty would be pleased to recal his Proclamations and De­clarations against the Ordinance made by the Lords and Commons concerning it, (which was to take away the Tenures, the Power of the Sword, and defence of his People.)

10. That the Members of either Houses of Parliament, as have during the time of this present Parliament, been put out of any Places or Offices, may either be restored [Page 750] to their Place or Office, or otherwise have satisfaction for the same, upon the Petition of that House, where­of he or they are Members.

11. That all Privy Counsellors and Judges may take their Oath, the form thereof to be agreed on and setled by Act of Parliament, for the maintaining of the Peti­tion of Right, (which was in many things more than ever they could claim, or ever had, or could by Law have any Right unto,) and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament (as if they were in all Duty and Loyalty bound to make him a glorious King, thought they could never have unking'd him enough, and brought him to their murdering ever to be abhorred Tribunal,) and that an inquiry of all the Breaches and Violations of all those Laws may be given in charge by the Justices of the Kings Bench, and by the Justices of Assize in their Circuits, and Justices of the Peace at their Sessions to be presented, and punished according to Law.

12. That all the Judges and Officers placed by appro­bation of both Houses of Parliament may hold their places quam diu se bene gesserint.

13. That the Justice of Parliament may pass upon all Delinquents, whether they be within the Kingdom, or fled out of it: And that all persons cited by either House of Parliament may appear and abide the sentence of Par­liament.

14. That the general Pardon offered by his Majesty may be granted, with such Exceptions as shall be advised by both Houses of Parliament.

15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such per­sons as his Majesty shall appoint with the approbation of his Parliament, and in the Intervals of Parliament with the Major part of the Council, in such manner as is be­fore expressed in the choice of Councellors.

16. That the extraordinary Guards, and Military Forces attending his Majesty may be removed and dis­charged, and that for the future he will raise no such Guards, or extraordinary Forces but according to the Law, in case of Actual Rebellion or Invasion (an Im­position and Vassalage was never put upon any thing that [Page 751] was like a King in Christendom, for the Kings of Scot­land whilst seperate from England, and did homage to our Kings, had, when there was cause enough of fear and jealousie, as now there was none, no such unkingly Vassalage put upon him. King David had 24000 men for his Guard, who every Month came up to Jerusalem, and our Saxon King Alured had his Guards by monthly courses.

17. That his Majesty would be pleased to enter into a more strict Alliance with the States of the united Pro­vinces, and States of the Protestant Religion for the de­fence and maintenance thereof, against all designs and attempts of the Pope, and his Adhaerents to subvert and suppress it, whereby his Majesty will be much incou­raged and enabled in a Parliamentory way for his aid and assistance in restoring his Royal Sister, and her Princely Issue to those Dignities and Dominions which belong unto them, and relieving the other distressed Protestant Princes, who have suffered in the same cause.

18. That his Majesty would be pleased by Act of Par­liament to clear the Lord Kimbolton, and the 5 Mem­bers of the House of Commons in such manner that fu­ture Parliaments may be secured from the consequence of that evil president.

19 That his Majesty would be graciously pleased to pass a Bill for restraining Peers from sitting, or voting in Parliament, unless they be admitted thereunto with the consent of both Houses of Parliament, which would have made him such a King as never was, or can be found in any Christian or Heathen Kingdom or Nati­on, and themselves such Subjects as until they could agree the matter amongst themselves, or they should be couzened by some Republicans, and those publick Plun­derers by some Cromwel cheat, those kind of extraordi­nary mad Men and Fools of both Sexes, must have been all Kings, Queens and Princes, and that which they would have called their King, to be but as a shadow or semblance, or none at all; (which would have restrain­ed the King from all power that other [...]ings and Princes had to reward men of merit; when as Joseph had the Honour done him by Pharaoh, that they should make him ride them second Chariot, and cry before him, Bow [Page 752] the Knee, and as Mordecai who had preserved King Aha­shuerus Life, was Arrayed with the Royal Apparel, and rode Genesis ca. 41. v. 43. upon the Horse on which the King used to ride, with the Esther ca. 6. v. 8, 9. Crown Royal on his Head, and the Horse to be led by one o [...] his greatest Princes through the Street of the City, who sh [...] Proclaim before him, Thus shall it be done to the man whom the King delighteth to Honour.)

All those (or which) their humble desires being granted by his Majesty, they should faithfully apply themselves to regulate his present Revenue in such sort as may be for his best advantage, and likewise to settle such an ordinary and constant increase of it, as shall be sufficient to support his Royal Dignity in Honour and Plenty, beyond the proportion of any former Grants of his Subjects, of the Kingdom of his Majesties Royal Predecessors.

And what he owed to himself, his Posterity, People, Prudence, Honour and Dignity, as to have granted what they desired, they would too easily have obtained their advantages of bereaving him of his Monarchy by such their Propositions not fit to be advised, and Petiti­ons neither to be made or granted, more than Pepin the Mayor of the Palace at Paris ever had, when he perswad­ed the last King of the Merovignian Line to indulge his ease, & leave all his Affairs of State to his care & manage, which brought that Prince within a short time after to be shaved, and put into a Monastery, and the great Charles or Charlemain Son of Pepin established King of France, or the like opportunities, which Hugh Capet the Ancestor of the now King of France, had by his getting the Rule and Reins of the Government into his own hands, which did the like to the Family of that Great Charles, and placed himself, and his ever since flourish­ing Lineage in that Throne.

And would make him as small a King as Arise Evans a Fanatick Taylor in Black Fryers in London had proposed, (when Sir James Harrington had modelled his Govern­ment of Oceana, Mr. Henry Nevil his Plato Redivivus, and Mr. Charles, George Cock his Houshold of God upon Earth, and every one would be busy as he could in shoot­ing of his bolt) That a King should be Elected out of the Poorest sort of Men, and have an 100 l. per Annum for his care and pains to be taken in the Government, which would [Page 753] have been much better than the aforesaid 19 careful ma­nackling Propositions, when the Parliament must have been the King, and the King only executive and as the Subject, and the Parliament from time to time im­powered to make Laws contrary to those which he and his predecessors had made and governed by, and when they please is to execute quite contrary, and procure a pardon when he can of God Almighty for it.

And having by the help of their Seditions and Rebel­lion gained as they hoped a new Magna Charta for them­selves as representatives for the people, their next care and industry were employed not only to guard and keep what they had thought themselves possessed of, but to add as many more advantages unto them as the pressures and necessities of their King might join unto them, and therefore when the Noble General Monke, after Duke of Albemarle had by Gods mercy to King Charles the 2d un­der the mask of a Commonwealth by his wary conduct in almost a miraculous manner reduced the King to his Kingdoms, Dominions and Monarchick Rights, with­out, as the Parliament Rebels would have perswaded him, the taking of the Rebellious Covenant, or the ab­stracting of any of his Regal Rights, they did so con­trive their matters, as in an Act of general pardon lar­ger than ever was granted by any of our Kings of Eng­land with some small exceptions, prepared by two Serje­ants at Law, that had Sailed along with the Wind and Tide of that long lasting Rebellion, they had bestowed upon it an especial praeamble, That whereas divers Rebel­lions and Insurrections had been by vertue of divers Commis­sions of the King, and of the Parliament, as if any could be guilty of High Treason, or other Misdemeanors, or could forfeit, that acted by the Kings Authority, the King had pardoned all Treasons, Felonies, &c. And as if they had nothing more to incroach upon the Monarchy, did take it to be a breach of they knew not what Priviledge for their murdered King to send for a Printing-press from London to York or Oxford, and the Members of the House of Commons in Parliament, after that huge pardon granted by King Charles the 2d of the forfeiture of all the Lands in England, which were in the Rebels possessions, with all their rich Goods and Chattels, together with another Act to unbastardize their Children, and unadul­terate [Page 754] their Fathers and Mothers fastened, and entailed up­on them by a new Fanatical way of Marriage before Justices of Peace, as if they were only to part a fray, or keep them from fighting, for which they seemed not to be at any rest or quiet with themselves, until every Coun­ty, City, Burrough, Market Town and Corporation, or Company of Trade had attended his Majesty with Ad­dresses of huge protestations of Loyalty and Obedience, and the expence of their Blood, Lives and Fortunes, and all that could be dear unto them, yet too many of them could after make their counterfeit Loyalty, with pro­mises to live and dye with him to amount unto no more than the breeding of Factions, and dislike of his Majesties mild and tender hearted Government, lampooning and scandalizing him, robbing and pilfering his Royal Re­venue, whereby to encompass him with all manner of importunate necessities, as if the cheating and misusing of Kings had been no small part of their Praerogative, contrived a most abominable Association upon him and his Royal Brother, his now Sacred Majesty, to murder and ruine them as they were to come thorough a narrow Lane from Newmarket to London in the same Coach, and being disappointed therein, proceeded to infect as much Copy of the Bill of Exclu­sion in the paper seized in the Earl of Shaftsbury's Closet in An­no 1681. as they could the Parliament, that should have been his best and most wholsom Counsel, to make and enter into an Association upon their Oaths without their King, to exclude and banish his Royal Brother, his now present Majesty, and his Heirs and Successors, from the Royal Succession, for that he was suspected to be addicted to the Religion of the Church of Rome.

Which being by the King and major part of the House of Lords contradicted, a Force and Insurrection was contrived, and enough as they hoped listed and made ready to accomplish it; but it being discovered by some that had been persuaded to assist therein, and some of the Nobility being according to Law attainted of High Treason, and forfeited, they would not leave prosecuting of him with their Plots and Designs, until God the Ap­pointer of Kings had called him to his mercy from them that would have no mercy for him.

And having thus long abused their Kings with their Rebellions, and brought a long lasting Series of mischief and miseries upon their seduced Followers, could not rest [Page 755] satisfied if they should not give more Credit to their New Commonwealth-Mongers, that would entitle them to the only power of summoning, proroguing, adjorning or dissolving of Parliaments, and manackling of their Kings and Princes, and did not think they had enough established it and themselves, if they had not, when for Loyalty or any such matter they were to eject any of their Fellow-Members, caused them to receive their Sentence upon their Knees, although they had commit­ted no Offence, neither supplicated for any pardon, or had it.

And another being as willing as some others to adore his own fancy without any evidence of Truth, Law, or Right Reason, in his Wringing. Wresting and Tortur­ing of Tropes, Metaphors, Allegories, Improprieties of Words or Phrases beyond their Right or common use, or what he had picked together out of some lying Ma­nuscripts, and abused Records by omissions of truths, whereby to put his vain and groundless imaginations in­to some frame and method, hath in his Book Printed and Published, endeavoured to make the House of Com­mons to be an Essential and Constituent part of Parliament, and to have a votum Decisivum therein, and hath therein committed more dangerous errors than the late Author of the Theory of the Earth, in his endeavouring to Animadversi­ons on a Book called the Theory of the Earth. prove Noahs Flood to have been more from natural causes than the product of God Almighty's Will and Infinite Power, declared by his more especial Servant Moses, sufficiently confuted by the Reverend Father in God Herbert Lord Bishop of Hereford.

And it must needs be said that he hath over-danger­ously handled Joves Thunder-bolts, and made himself as instrumental as he could to take the Soveraignty from the King, and bestow it upon the People, whom he and his Opiniotretees would suppose to be represented in Par­liament, whereas he should have only said, it was a con­stituted part of the Parliament from the 49th year of the Raign of King Henry the 3d sub modo & forma during that Kings Imprisonment under Symon Montfort Earl of Leicester and his Rebel Associates, and were neither in Authority or Degree the same with the more Honoura­ble, and better Estated House of Peers, although in that then constituted House of Commons in Parliament there [Page 756] were to be four Knights out of every County in Eng­land to be Elected and sent thither, (few of them Dr. Brady in the History of King Henry the third. appearing) and that more or less they might have claimed, as they have lately done the summoning of the Peers and the Nobility of the Kingdom, Electing the Members of the House of Commons in Parliament, and they representing all the People, might more easily have continued and maintained their Post and Station of a never to be proved sense­less and reasonless Soveraignty, which was not to be seen, heard or read in this Kingdom, either in the time that it had been a Roman Colony, or of the Great Arthur, or the Saxon Heptarchy, Norman Conquest, and our many since succeeding Kings and Princes, and is, and hath ever been attended with so many possi­bilities of setting People together to kill, destroy and ruin one another, as hath no where in the habitable World, but in our late English Frenzy and Infatua­tion, and most egregious Hypocritical pretences of Religion, whilst they for almost fifty years together, imployed their Godless time in murdering of their Kings and Laws, and the one half or more of their Fellow-Subjects Lives and Estates, and that Author can never prove that there are two Supreams, nor find any way to agree them, which should be uppermost, or which the lowermost.

And what pro Deus atque hominum fidem, could those liberties be, that they by a pretence of Reformation of grievances of their own making had usurped upon their King, to mould themselves and their wicked fellow Complotters into a Republick, as they would have it stil­ed, when it proved to be nothing but a Society of Ra­pine plunder and villany, whereof their Regicide Oliver Cromwell had afterwards cheated them, and was almost as great a mistake in what a very learned Judge had said, when he was Member of the House of Commons, that the King was primarily a Trustee for the People, yet it could not be so affirmed by any Truth, Rule or Law of God or man as immediately from or by them, but only as immediately from or by God commanded to take care of his People.

And a wrongfull misinterpretation hath been endea­voured to be put upon some part of our Reverend Mr. [Page 75] Hookers Book of Ecclesiastical Policy, as if he had posi­tively affirmed, that the King was a Trustee for his Peo­ple (as he is doubtless for his protection) when the late Hookers Ec­clesiastical Policy, & Isaack Walton in vita [...]jas­dem. learned Dr. Sanderson Bishop of Lincoln, hath affirmed unto me that he having heedfully, perused the Book written with Mr. Hookers own hand could discover no such words therein.

So here is complexedly met and united a Systeme, and a Mass of the Conspiracies, Factions, Seditions; Trea­sons and abominable confusions put together and agi­tated, sometimes at one time, and after at others, from the later end of the Raign of King Richard the first until the Raign of King Charles the 2d in the dream of the Election of our Kings and Princes in the Rebellion at Running Mede; some Barons in the Raign of King Henry the third threatning to choose another King, and enforcing of Conservators of the Liberties of the People, in the provisions Derogatory to Kingly Go­vernment made at Oxford in the Raign of King Henry the third, and constrained of King Edward the se­cond.

And might have happened into a question unanswer­able, what mischief our Magna Charta, or Charta de Foresta had done unto our Nation, or upon what other cause or reason those excellent Laws were grant­ed by our King Henry the 3d, and so dearly beloved, as they thought themselves utterly undone if they had not with the 15th part of their Moveables obtained them eisdem modo & forma, without any substraction or additi­on, the same which have been continued & confirmed by their several Kings and Princes above thirty times, and was such a caution in one of their Parliaments, as the Bishops in their several Diocesses were impowered to Anathematize all the Infringers thereof; and King Henry the 3d in that direful Procession was constrained to walk through Westminster-Hall the Abby-Church of Westmin­ster, with all the Bishops, Earls, Barons and Nobility of England and Wales, holding burning Tapers in their hands, (the King only refusing after the read­ing of the aforesaid Magna Charta's freely granted by that King, and likewise that enforced upon King John his Father) and throwing down their Tapers, wish­ing that the Souls of the Infringers thereof might so [Page 758] burn and fry in Hells everlasting fire, being such a cur­sed obligation as was never enforced upon any King or Prince by their people in any Nation of the World, and might if Right had been done unto that distressed King, have been deeply censured in foro Animae & gratitudinis: And if those Magna Charta's have been such a darling of the people as they seemed to value it as their Blood and Estates, how could they fall so much out of their love as they would do all that they could to be rid of them, as if they had been Circe's Swine tearing them in peices, when they are for the most part a compleat System or fi­gure of our Antient Monarch Feudal Laws, and every Chapter therein loudly proclaim them to be no other­wise.

And what have we got in Recompence of the over­turning of our beneficial and ever to be praised Feu­dal Laws, but the forfeitures of all our Lands and Estates, if God and the King should be extream and mark what is done amiss.

Or can any man of Learning Reason or Understand­ing, or any but one that is or hath been mad without Lucid Intervals, believe that St. Edward the Confessors Laws have not deduced their Original for the most part, if not all, from the Feudal Laws, when by the so­lemnest and greatest Jury of the World impannelled by King William the Conqueror, they appeared sine dolo & malo ingenio, to be no other than our Feudal Laws by which the Soveraignty did appear to be in the King, (not the People) by which our Kingdom had been Governed, and did bear as near a resemblance there­unto, as one Hen Egg doth or can unto another in shape or figure.

And what strange kind of Imaginary Soveraignty radically or otherwise at any time was believed to reside in the people, when the Pope and his Legate Pandulphus made our affrighted King John to do homage by lay­ing down his Crown and Scepter at the feet of his Legate, multum dolente Archiepiscopo Cantuariensi, saith Matthew Mat. Paris. Paris) nor was the Tribute paid or thought fit to be paid thereupon for the Kingdoms of England and Ire­land, though demanded of King Henry the third his Son, or Edward the first his Grandson, but by all our Kings and Princes neglected, it being an al­lowed [Page 759] Maxime in our Law that Angliae Rex nunquam moritur, which could not be if all the People had been understood to have been Soveraigns.

Or can any man believe that our English Ancestors did not think St. Edward the Confessors said Laws LL. Edwardi Confessor. & Chronicon L [...]f [...]ilde [...]s. to be tantum sacrae, when they hid them under his Shrine in the Church of Westminster-Abby, and after­wards precibus & fletibus obtained of him to be Govern­ed by them.

Which William the Conqueror would not have grant­ed until he had by the aforesaid grand Jury examined and compared them, per sapientes & viros in Lege eruditos, and the People of England and Wales have ever since, being about 619 years, never believed their Lives, Estates and Posterities to be in any kind of safety, if the Conqueror and all the succeeding Kings and Princes did not at their several Coronations take their Oaths to observe most especially St. Edward the Confessors Laws, which they never failed to do, and hath been so taken both by his late Majesty, and this our present King.

And it would be a strange forgetfulness of Duty, and our Oaths of Allegiance and Supremacy, (upon which, and no other our Feudal Laws are built) to forget them, and the care of our Souls, which the Britaignes in Armorica in France could never do since the dread and fear of the cruel Invasion of the Scots and Picts making them forsake their Native Countrey of England, and retire where they now are, where they yet retain their Antient Feudal Cus­toms used in England; which is that Ligeance est or­dinaire en tous fiefs la quelle de sa nature emporta obeyssance du vassal foy homage & autre les droits & devoirs contenus en l'infeodation & anciens advouz & tenures.

L'homage lige ce fera en ceste forme scavoir que le vassal l' Espee & Esperons ostez teste nue (ayant les mains entre celles de son Seigneur & se enclynant) dira telles [Page 760] paroles mon Seigneur Je deviens vostre home Lige pour telles choses lesquelles Je releve & tien de vous lige­ment Custum [...]s de B [...]taigne [...]n F [...]ncep. 136. 137. 8 [...] 138. en tiel vostre fief & Seigneurie lesquelles choses me sont advenues par tels moyens a cause de quoi Je vous doy la foy & homage lige & vous promittes par ma foy & serment vous estre Loyal & feable porter l' honneur & obeysance & envers vous me gouverner aynsi que noble homage de foy lige doit faire envers son Seigneur Le Seigneur respondra come sensuit vous devenus mon ho­me pour rayson de tales choses par vous dites & de choses en tel me promittant que vous me serra feal & obeysant home & vassal si que vostre fief le requier & le Subject respondra Je le promets ainsi & lors le Seig­neur dira Je vous y recen sauf mon droit & de l' autrui.

Insomuch as when all the aforesaid concurrences of the Laws of God and Man, Records and Annals, Truth and rectified Reason shall be united and laid together, he must be an ill Subject, and a very great INfidel that cannot with great assurance believe that the Blessed Martyr King Charles the first, and his late Royal Majesty, and our now Gracious Sove­raign have been much wronged in their Regal Rights, Revenue and Authority, and had as their Blessed Father been made likewise Martyrs, if the Divine Providence of God had not in favour unto a sinful People prevented those very often attempts of Villany.

And may put us thus preserved from a ruin and confusion impending upon a Nation, (as unto too many of them) nursed and enriched by plain or pal­liated Disloyalty, seeing his now Royal Majesty his Indulgent Brother, and Pious Father, have taken their Coronation Oaths to observe the good Laws of King Edward the Confessor, which are the same with our so often confirmed Magna Charta's, and Charta de Foresta, the Blessings of this Nation, and ordained by Act of Parliament to be read in all the Cathedral Churches of England and Wales, the Infringers whereof have been as aforesaid so bitterly Anathematized.

[Page 761] And that the Honour, Dignity and Strength of the Nation may no longer remain Ecclipsed, and that our weakness in the want of our most Honourable and Ancient Monarchick Fundamental Feudal Laws may not be told, or made use of in Gath and Askalon, and that our King may not be without the means to de­fend himself and his People, and avoid the disadvan­tages and damages which Forreign Princes and his Allies may put upon him in all his Leagues and Treaties with them concerning his Imperial and Monarchick Crown and Dignity, and in matters of Commerce, wherein all his People are not a little concerned, and that there is now more reason and necessity than ever was that the Temporal Nobility, the principal and most concerned part of the Nation, should, as they did in a Parliament at Merton, publickly and seriously declare that noluerunt mutare Leges Angliae.

Collapsa ruunt subductis tecta Columnis
Moribus antiquis stant res Britannae viresque.
FINIS.

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