A Brief Register Calendar Part 1, Section 3 · Observations 2

A Brief Register Calendar Part 1 · Section 3 · Observations 2

p. 395General useful Observations on and from the precedent Writs of Summons, mentioned in the premised Sections; and the 7. Sections next ensuing in the second part following them.

HAving thus presented you with 3▪ distinct Sections or Squadrons of Writs of Summons, to our Parliaments, Great Councils and Convocations, issued to Arch-bishops, Bishops, Abbots, Priors, and other Ecclesiastical Lords; the P. of Wales, Dukes, Earls, Barons Temporal Lords, and great men of the Realm, the Kings Counsil, Iustices, with some useful particular Observations on them in each Section, I shall for a close of this first part of my breif Register, Kalender, and Survey of them, superadd some general necessary Observations on, and Conclusions from them, and the 7. next following Sections (which I intended to have annexed to this first part of my Register, but now shall reserve for the second,) for the further information of the Readers, the benefit of Posterity, and rectifying some Oversights in sundry printed trivial Discourses of our English Parliaments.

First, From the manifold rare, delightful Varieties, Forms, Diversities, and distinct kinds of Writs of Sommons, transcribed out of the Clause Rolls, in a Chronological method; Va…ied from time to time by our Kings, their Chancellors, Counsellors, and Officers, who formed them, as there was occasion, without the privity or direction of their Parliaments, before the Statutes p. 396of 7. H. 4. c. 15. 6. H. 6. c. 4. 8. H. 6. c. 7. 23. H. 6. c. 11. 15. which ordered some new clauses to be inserted only into the VVrits for Election of Knights of Shires, (and none else) for preventing and rectifying abuses in such elections, but prescribed no set unalterable future form…, for those or any other Writs of Sommons, leaving the King and his Counsil at Free Liberty as before, to vary and alter them as they saw just cause; The Judicious Readers may clearly discern, what little credit is to be given to Reverend Sir Edward Cookes ob…ervation, in his slightaa4. Institutes p. 10. discourse, Touching the VVrits of Sommons of Parliament, which are to be found in the close Rolls from time to time; Which begins thus. A…d it is to be Observed, that the substance of the VVrits, ought to continue in their Original Essence, without any Alteration or Addition, unlesse it be by Act of Parliament. For if bbBractan. l. 5. f. 413. Britton. 122. 227. Fleta. l. 2. c. 12 West. 2. c. 23. 1. part of the …nsti…. Sect. 101 f. 73. b.Original VVrits at the Common Law can receive no Alteration or Addition, but by Act of Parliament, A multo Fortiori, The Writs of the Sommons of the Highest Court of Parliament, can receive no Alteration or Addition but by Act of Parliament, &c. But had this great Oracle of the Law, diligently considered the manifold varieties of the Writs of Sommons to Parliaments, With their several Alteraions and Additions, made from time to time upon emergent occasions, without any Act or Order of Parliament; Or, had he remembred old ccLib. 5. f. 413.Bractons, and his own distinction of these two different sorts of Original VVrits, in the places he refers us to in his margin, viz. Brevia Originalia, quaedam sunt formata sub suis casibus, & de cursu, & De communi Concilio totius Regni concessa et Approbata; quae quadem Nullatenus mutari poterint, absque consensu et voluntate …orum: & quaedam Magistralia, et saepe variantur secundum varietatem casuum, factorum et quaerelarum, and that by the Masters and Clarks of the Chancery themselves, according to the variety of every Mans case; as ddInstis. f. …3. b.himself, and the Statute of VVestm. 2. c. 23. resolve us, without any Act, or common consent in Parliament, p. 397And then judiciously pondered, that Writs of Sommons to Parliaments, are all of this latter kind, only Migistrali…, and frequently varied according to the several varieties of the causes, Publick grievances Dangers, Emergences, Businesses, Complaints, occasiōing their Sommoning, expressed usually in these Writs different Prologues; he would certainly never have made such a strange erronious Observation as this upon these Writs, contradicted by so many Presidents on record in all former ages; nor alleaged such a pittiful mistaken Argument a multo Fortiori, and such Authorities to justifie it; Which diametrically contradict both his reason and observation, the Writs of Sommons being all of them Magistralia, not Formata sub suis Casibus, (as the miserably mistook them to be.) Therefore if such Magistral Writs are of… …imes varied, according to the variety of cases, facts and complaints in particular mens cases, by the Clerks of Chancery, and Cursitors themselves, without Act of Parliament, a multo fortiori, may Writs of Sommons to Parliaments of the self same kind, which concern the great weighty affairs of the King, Kingdom and Church of England, be varied, altered by the King himself, with the Advise of his Great Officers, Judges, Council, according to the variety of emergent occasions, requiring Parliaments to be called, without any Act or consent of Parliament authorizing it, notwithstanding Sir Edwards groundlesse Assertion to the contrary, though prefaced with and it is to be observed; as I conceive it will henceforth be for a great mistake, although formerly believed as an undoubted Truth, upon his Ipse dixit; whose venerable reputation hath canonized many of his Apochryphal conceipts, which have dangerously seduced most Students and Professors of the Law, with others who peruse his Institutes; for whose better Information, and Vindication of the truth alone, I have upon all just occasions both detected and corrected his formerly undiscerned Errors; and this here insisted on, I hope without just offence to any of his surviving Friends or Progeny; p. 397if they consider the duty and protestation of every ingenuous Christian, and Chronographer thus briefly expressed by St. Paul, 2 Cor. 13. 8.eeSee the 2. and 3. part of my Historical Collection and Vindication. My Abridgement of the ancient Councils and Parliaments of Eng. We can do nothing against the truth, but for the truth.

Secondly, It is observable, that the word Parliamentum, is but once used or mentioned in any Writ of Sommons, Act, Statute, Charter, Patent, or other Record that I have yet seen, either before or during the Reigns of King Iohn or Henry the 3d. but only the word Concilium, Commune Concilium, Colloquium, Tractatum; placitum magnum, &c. which frequently occur, and are alwayes used in them to expresse that Assembly of the States by, which in after times, and now is usually called Parliamentum. The very first mention, and use of this word, in any Writ or Record I have perused, is in the Writ of Sommons to the Cinqueports, Cl. 49. H. 3. d. 11. sōmoning thē ad instans Parliamentum nostrum, The next is in the Writ of Prorogation of the Parliament. Cl. 3. E. 1. 20. in dor. where it is twice thus mētioned in the Writ; Generale Parliamentum nostrum, eodem Parliamento, and once in the Margin, Do veniendo ad Parliamentum; And this Writ assures us that it was used in the Original Writs of Sommons to this Parliament, though not extant, compared with the printed Prologue to the Acts therin established. The Writs of Sommons from 3. to 23. E. 1. being not extant in the Rolls; the next use of this word I find, is in the Writ… of Sommons & Prorogation, in Clau…. 23. E. 1. dorse 9. Cl. 28. E. 1. d. 3. 17. Cl. 30. E. 1d. 7. 9. Cl. 32. E. 1. d. 1. Cl. 33. E. 1. d. 9. 10. 21. Claus. 34. E. 1. d. 2. and Claus. 35. E. 1. d. 13. In all which Writs under King Edward the first, not onelyonly. Colloquium & Tractatum, but also the word Parliamentum is mentioned, and also thus expressed in the Margin of the Rolls. De Parliamento tenendo, Deveniendo ad Parliamentum, De Parliamento Prorogando. And so is it likewise in the Writs de expensis Militum qui venerunt ad Parliamentum Regis, clau. 28. E. 1. dors. 12. cl. 29. E. 1. d. 17. cl. 33. E. 1. d. 15. cl. 34. E. p. 398E. 1. d. 11. and cl. 35. E. 1. d. 14. In the Writs and Rolls of Sommons, and De expensis Militum & Burgensium, under Edward the 2d. it is commonly used and mentioned, as the premises evidence; Yet I find Parliamentum totally omitted again in sundry other Writs of Sommons and Prorogations, and the words Colloquium, Tractatum, & Commune Consilium, only made use of in them; as in cl. 23. E. 1. d. 2. 4. cl. 24. E. 1. d. 7. cl. 25. E. 1. d. 25. cl. 27. E. 1. d. 9. 16. 28. cl. 28. E. 1. d. 3. cl. 1. E. 2. d. 11. 19. cl. 2. E. 2. d. 11. 13. 14. 20. cl. 9. E. 2. d. 17. and in some other succeeding Rolls; yet in the Margin over against these Writs, I find in divers of these Rolls, De Parliamento tenendo; De veniendo ad Parliamentum, Summonitio & Prorogatio Parliamenti, written, though the words Parliamentum, be not extant in the Writs themselves.

The first use of the word Parliamentum, in any Act or Statute in my Observation, is in the Prologu… to the Statutes of Westminster, 1. An. 3. E. 1. which it stiles, Son Primer Parliament general apres Son coronement. The next usage of it is in 7. E. 1. Rastal Armour 1. Wherein it is twice mentioned: After which I find it used in the Prologue of Westminster, 2. 13. E. 1. and c. 24. In the Statute of Merchants, 13. E. 1. The Statutes De Quo warranto; De terris vendendis & emendis, 18. E. 1. The Statute of Waste for Heirs, end of Defending Rights, 20. E. 1. The Statutes De non ponendis in Assisis, and De Malefactoribus i… parcis, 21. E. 1. The Statute of Persons appealed, 28. E. 1. And the Prologue to Articuli super cartas the same year: The Statutes De Escheatoribus, 29. E. 1. The New Statutes of Quo warranto, 30. E. 1. Ordinatio Forestae, 33. E. 1. De asportatis Religiosorum, c. 1. In most succeeding Prologues to all Statutes and divers Acts, ever since King Edward the 1. it is commonly and frequently used; (as also in ourffMatth. Westminster, 2. p. 363, 264, 387, 321, 405, 411, 415, 438, 439, 463, 464, col. 1965, 1977. Historians in that age) In the Prologue to Articuli Cleri, An. 9. E. 2. there is this observable Recital. Sciatis quod cum Dubum temporibus Progenitorum nostrorum Regum Angliae, in diver sis Parliamentis suis, p. 400& similiter postquam Regni gubernacula suscipimus, In Parliamentis nostris, &c. Ac nuper in Parliamento nostro apud Lincoln, &c. Attributing this title of Parliamentum, not only to the Parliament… held under Edward the 2d. and first, but to General Councils of State, and Conferences held by our Kings, Lords, & great Men, in the Reigns of their Progenitors, who were totally unacquainted with this Word, and never used it for ought I can yet discover. It is agreed by all who have written of theffCookes 1. Instit. p. 109, 110, 4. Instit, c. 1. Antiquity, or use of our English Parliaments, that the word Parliamentum, is no proper Latin word,Cromtons Jurisdiction of Courts, Ch. 1. The Antiquity of the Parliaments of England, by Justice Dodridge and others, p. 43. 65, 66. for that we call a Parliament, but Colloquium, Tractatus, & commune Concilium Regni nostri, still reteined in the Writs of Sommon…, as well since the use of the word Parliamentum grew common, as before in was inserted into such Writs: That it is originally a meer French Word, first introduced amongst us by the Norman Monkes, or being taken from the French, who stiled the publick conventions of their Kings and Princes a Parliament, in their own Language, and coyned this new Latin word Parliament…m out of it. But when, and by whom it was first introduced and used in England, is a great dispute amongst truly judicious Antiquaries. Many there are who conceive it to be used in the S…xons time, and**The Antiquity of the Parliament of England, p. 78, 79. writes, that this word was first brought into this Realm by the French Monkes and first used by the Statists in the time of H. 1. & that Abbot Ingulphus, first used it, who dyed in the year 1109. long before the reign of King Henry the 3d, because many Latin and English Historians and Chronologers, who (have written since the Reign of King Henry the 3d.) do sometimes give the title of Parliamentum, & Parliament, to our great Councils and Assemblies of the King, and of the spiritual and temporal Lords in those ancient times, in their relations of them: But this questionless is a gross mistake; since not one of all their great Councils in any of their Titles, Prologues, Laws, Cannons, Edicts, Acts, recorded by Brompton, Lambard, Sir Henry Spelman, Whe…lock, Fox, and others; nor any of our Historians living and writing in those times, before the later end of King Henry the 3d. (as Gildas, Beda, A…helwerdus, Asser Menevensis, Ingulphus, Willielmus, p. 401Malmes buriensis, Eadmerus, Florentius Wigorniensis, Simeon Dun…lmensis, Aelredus Abbas, Henry de Huntindon, Sylvester Gyraldhes, Gulielmus Neubrigeusis, Simeon & Richardus Hagustaldensis, Radulphus de Diceto, Roger VVendover, Thomas Spotte, Gervasius Doroberniensis, & Tilburiensis, VVillielmus Stephanides, Gualterus Mapes, Gualterus Coventriensis, Richardus Heliensis, Thomas Stubs, & Petrus Hen…am) nor yet Glanvill, Bracton, Andrew Horn, and other Lawyers flourishing under H. the 2. and 3. do once use, or apply this word Parliamentum, to any one Grand parliamentary Council, which they alwayes call by other Names, for ought I can yet discover upon my best search and inquiry.

The very first of all our Writers or Historians in my Observation, who made use of this word, and applyed it to the Common Councils of our Realm, is Matthew Paris hhSee Balaeus. Script. Brit. cens. 4. c. 26. p 315, 316.flourishing about the midsts, and dying before the end of King Henry the 3d. Anno. 1259. the 43. of his Reign. He in his Historia Angliae, from the beginning of the Conquerors Reign, till the year 1246. (the 30th. of Henry the 3d.) alwayes made use of the words Concilium, Concilium magnum, Colloquium Tractatus, and the like, to expresse all Parliamentary Great Councils, and State Assemblies held in England; near the space of 200. years before he Writ, and never of Parliamentum. But in Anno gratiae, 1246. and 1247. and in no other years before or after, he useth this word five or six times only, in these insuing passagesiiEdit. Tigrui. 1589. p. 674. 677. 686. 687. Anno 1246. Convenit ad Parliamentum Generalissimum totius Regni Angliae totalis Nobilitas Londini. &c, Over against which the Publisher, not he, adds in the Margin Parliamentum habitum Londini, After which he subjoynes Convenientibus igitur ad Parliamentum m…moratum totius Regni Magnatibus: Then followes, Et postea in Anglia in Parliamento Regis ubi congregata fuerat totius Regni tam Cleri quam Militiae Generalis Vniversitas, deliberatum, &c. Yet in the very next page, he returns to his old term again. Die vero translationis p. 402Thomae Martyris habitum est magnum Concilium, inter Regem & Regni Magnates, apud VVintoniam. Over against which, his continuer or publisher hath placed this marginal Note. Parliamentum habitum apud VVinton. The like he doth in p. 560. 561, 687, 714. and elsewere, inserting in the Margin, Parliamentum Generale, &c. When as Matthew Paris useth it not, but Concilium only, or the like in his Text. In hiskkIbidem p. 702. 707. History of the next yeer 1…47. He proceeds thus. Dominus Rex Francorum Regni sui Nobiles tam Cleri quam Populi generaliter Edicto Regio fecit convocari, ut Ad Parliamentum communiter convenientes, ardu negocia Regni sui statum contingentia, diligenter, deliberando, contrectarent. And Five pages after, Dominus Rex (H. 3.) jussit omnem totius Regni Nobilitatem convocari, &c. Oxoniis: Praelatosautem maxime Ad hoc Parliamentum vocavit arctius. Applying the word Parliamentum, to these Assemblies of the King, Lords and Nobles, both in France and England, held this year, about the weighty affairs of their respective Kingdoms. In his Additamenta to the last Addition of his History printed at London, p. 170. he useth the word Parliamentum only once, and that in another sense; For the conference and discourse of Monkes with one another after their repasts, then prohibited the black Monkes by special Order, as an impediment to their contemplations and prayers. In no places else of his History or other printed pieces, do I find he made use of this word. Indeed, the continuer of his History from the yeer 1258. to the end of King Henries Reign 1273. (whomllScriptorum Brit. Cen. 4. c. 94. Iohn Bale inform… us to be VVilliam Rishanger) flourishing under King Edward the 1. & 2. (when this word Parliamentum grew cōmon both in Writs of Sommons, Statutes, & vulgar Speech) makes frequent use thereof in his History, applying it to great Councils of the Realm, in the latter end of Henry the 3d. both in the Text and Margin; as in Page 788, 933. 935. 938. 940. 948. 960. 967. 974. of his continuation, Editione Tiguri, 1589, and so doth p. 403Matthew Westminster (who continued the History of Matthew Paris) flourishing under the Reign of King Edward the third,aaSee the Praeface to Mat Paris, and Mat Westm, … Script. Brit. Cent. 6. c. 31. when this word Parliamentum was commonly used in all Writs of Summons, Statutes, Writers and Vulgar speech) makes frequent use thereof, applying it to the Great Councils of State towards the latter end of King Henry the third, in his Flores Historiarum, Londini 1570. pars 2. p. 206, 207, 223, 254. 261. 280, 296, 300, 317, 345. and in subsequent Pages to the Parliaments held under King Edward the first. Henry de Knyghton a Canon of Leicester flourishing under King Richard the 2. de Eventibus Angliae, l. 1. c. 3. l. 2. c. 10, 12, 15. Col. 2318, 2387, 3446, 2455. applies this word to the Great Councils held under the Danish and other Kings, before the Reign of Edward the 1. Canutus vixit per 20. annos, & postea celebravit Parliamentum apud Oxoniam, &c. Ranulfus Consul Cestriae cum Rege (Stephano) concordatus est, Set tito post, in Parliamento apud Northamptoniam delose captus est, &c. Anno 1261. Rex (Hen. 3.) convocato Parliamento suo Oxoniae, questionem movit Magnatibus suis. Tenuit Rex (H. 3.) Parliamentum suum apud Merleberg. Anno Regni sui 52. & ad exhibitionem communis justitiae multa fecit statuta, quae dicuntur statuta de Marleberg. The Author of the Chronicle of Brompton (whobbMr. Seldens Praeface, Historiae Anglicanae Scriptore… X. Londini. 1652. writ after the beginning of King Edward the 3.) doth the like in these passages, according to the language of the age wherein hee writ.ccChron. Johannis Brompton. Col. 866. l. 50. 908. l. 36, 937. l. 28. 1005. l. 65. 1066. l. 62. 1058. l. 66. 1282. l. 66. Edgarvis Rex Parliamentum suum apud Salisbiriam convocavit. Post haec (Canutus) apud Oxoniam Parliamentum t…nuit, &c. cito post in Parliamento suo apud Wintoniam. Rex (Edwardus Confessor) & omnes Magnates ad Parliamentum tunc fuerunt, Anno 1164. Rex (Henricus 2.) Parliamentum apud West…inst tenuit. Rex Angliae (Richardus 1.) congregatus Episcopis, Comitibus & Baronibus Regni sui Parliamentum Londoniae super hoc habuit & Tractatum. Rex (Johannes) Parliamentum suum usque Lincolniam convocaverat. So doth ddPolychron. l. 7. c. 38.Radulphus Cicestrensis, eeYpodigma Neustriae, Londini. 1574. p. 61, 62.Thomas of Wal…ngham (who p. 304writ under K. Henry the 6.) and after them Fabian, Caxton, Polydor Virgil, Grafton, Speed, Stow, Holinshed, Daniel, Baker, and other of our late Historians; Whereupon their injudicious credulous Readers of all sorts, conceit not onelyonly the words Parliamentum & Parliament, but even the thing it self (as since constituted of Knights, Citizens and Burgesses, as well as of the King, spiritual and temporal Lords, Nobles, Barons, and Great Men) to have been in common use both under our Saxon, Danish, Norman, and English Kings, long before the Reign or 49. year of King Henry the 3. when as neither the name nor thing it self (as now compacted) was either known to, or used by any Aniquaries, Councils, Records, Historians, or English Writers before Mat. Paris, that I have yet seen or heard of. From whence (to omit other Arguments, with the Writs de Expensis Militum & Burgensium levandis, mentioned in the Modus tenendi Parlamentum, though in no Records before, Claus. 28. E. 1.) it indeniably appears, that this absurd ridiculous Modus, so much magnified, followed, relied upon byff4 Inst. p. 12. 341. 1. Instit. f. 10. 2. Instit. p. 7, 8. Sir Edward Cook, in sundry of his Books, as a most ancient authentick Record, both known, and used in Edward the Confessors time; For Certain rehearsed before William the Conqueror, by the discreet men of the Realm, and by him approved, and used, who kept a Parliament according to its Prescription, (which the Book of 21. E. 3. f. 60. hee cites to prove it, directly contradicts) After which King H. the 2. fitted and transcribed this Modus into Ireland in a Parchment Roll for the holding of Parliaments there. Which no doubt hee did by the advice of his Iudges, &c. That this Modus was seen by the makers of Magna Charta, Anno 9. H. 3. c. 2. concerning the reducing of ancient Reliefs of intire Earldemos, Baronies & Knights fees, according to such proportions as is contained in the Modus, which they could not have done so punctually if they had not seen the same: (all which hee asserts with so much confidence, as if hee had been an eye-witness thereof himself, though most gross untruths) is in p. 305verity a late spurious Imposture: written long after the Reign of King Henry the 3. and Edward the 1. himself confessing that some part thereof is cited in (he should have said taken out of) the Parliament Roll of Anno 11. R. 2. and other Records of Parliament, and not compiled before the latter end of King R. the 2.ggSee Spelma…ni Concilia, p. 534. The word Parliamentum being not onelyonly used many hundred times, almost in every line throughout this Modus, and not the words Concilium or Collequium, but likewise intituling and denominating the very Treatise it self, which grew not into such Vulgar use, till after the Reign of King Henry the 3. under King Edward the 3. and succeeding Kings, as appears by Thomas Walsingham, Hist, Angliae. p. 5, 8, 12, 13, 17, 25, 28, 32, 34, 35, 36, 37, 38, 40, 41, 42, 44, 45, 46, 70, 71, 76, 77, 78, 81, 82, 83, 88, 96, 105, 110. Ypodigma Neustriae. p. 68, 69, 71, 72, 73, 82, 83, 87, 88, 98. &hhDe Eventibus Angliae. Col. 2463, 2491, 2528, 2549. Henry de Knyghton, and was totally unknown to, and not used by any Lawyers, States-men, Clerks, Writers of our English Annals before the Reign of King Henry the 3. Which I much wonder Sir Edward Cook (who writes, that after diligent search hee could finde nothing against this Modus, and demands, Quis vitupera…it?) and someiiGul. Lambardi Archivon. The Antiquity of the Parliaments of England. p. 28, 29. others of ou Antiquaries observed not, being so palpable an Imposture, askkTitles of Honour. p. 613. 738, to 745. Mr. Selden,llIn his Letter Mr. William Hackwel. Archbishop usher, and others, have discovered it to be. Indeed I found one Roll in the Tower, Anno 9. E. 2. stiled Modus Parliamenti, which upon its first view I conceited might have some affinity with, or at least give some colour to this forged Modus; but upon perusal it proved onelyonly a Roll of the Proceedings in the Parliament of 9. E. 2. farre different from this Modus, and having no affinity with it, yet peradventure the Author of this Imposture, borrowed his Title from it.

Besides the late introduction of the word Parliamentum into England, doth likewise discovermmPreface to the 9. Reproof. Sir Edward Cooks other pretended ancient Manuscript of the Monastery. of St. Edmonds (which hee much cried up, yet never would send judiciousnnSpelmanni Concil. p. 534. Sr. Henry Spelman to peruse, p. 406perchance lest hee should detect its Novelty and Imposture) to be of no such Antiquity (as hee conceited it to be, written,ooSee my seasonable Legal Historical Vindication. part. 3. p. 231, 232, 233. in King Cnutes Reign, or not long after it) but after Henry the 3. his Reign; since the words Parliamentum, in suo public… Parliamento, tunc in eodem Parliamento personaliter existentibus were not grown in use till Edward the 1, 2, & 3. and the whole clause hee prints out of it in his Preface to his 9. Reports, prove it to be written under one of these three Kings Reigns, if not after them, as the Modus was: By both which you may easily discern, how little insight this great Lawyer had in Histories, Antiquities, or Records, as to be cheated, besotted with such Impostures, and bottom his Discourses of our Parliaments upon such spurious rotten Foundations as these.

3. That no Oath nor Engagement whatsoever was antiently imposed on the Members of the Lords or Commons House, …. 11. p. 40.to debar or seclude any of them from sitting or voting, much less were any of them suspended or forcibly kept out of either House till they had taken any new-invented Oath, prescribed them onelyonly by a prevailing party, without a Legal Act of Parliament ratified both by the Kings, Lords, and Commons in an orderly manner; such inforced seclusive Oaths, being inconsistent both with the Freedome, Priviledges, Rights of old English Parliaments. The Parliament of 1. Eliz. c. 1. upon the abolishing of Popery, and restitution of the Protestant Religion, having by unanimous consent of the three States, made and prescribed an Oath of supremacy (for the preservation of the ancient Rights and Royalties of the Crown of England, and of the persons of the Queen, her heirs and successors, against the usurpations, claimes, practices of the Bishop, of Rome, and his confederates) on all Arch-Bishops, Bishops, Arch-Deacons, Clergy-men, and temporal officers: By reason of the manifold Plots and Treasons of the Pope and Papists against the Queens person, Crown, and Realm, the Parliament of 5. Eliz. c. 1. thought fit to prescribe this Oath, for the better detection p. 407of persons popishly affected, not onelyonly to all Readers, Barresters, Graduates in the Universities, Schoolmasters, Sheriffs, and other inferiour Officers, but likewise to all future Knights, Citizens, and Burgesses of Parliament; enacting, That every person who shall bee hereafter elected or appointed a Knight, Citizen, Burgess, or Baron of the five Ports, for any Parliament or Parliaments hereafter to be holden, shall from henceforth, before hee shall enter into the Parliament House, or have any voice there, openly receive and pronounce the said Oath before the Lord Steward for the time being, or his Deputy or Deputies for that time to be appointed. And that hee which shall enter into the Parliament, House, without taking the said Oath, shall be deemed no Knight, Citizen, Burgess, nor Baron for that Parliament, nor shall have any voice, but shall be to all intents, constructions, and purposes, as if hee had never been returned or elected Knight, Citizen, Burgess or Baron for the Parliament, and shall suffer such pains and penalties, as if hee had presumed to sit in the same without Election, return, or authority. Provided, that this Act, nor any thing therein shall not extend to compel any temporal person of or above the degree of A Baron of the Realm, to take or pronounce the Oath abovesaid, nor to incur any penalty limited by this Act for not taking or refusing the same. This is the first Act ever imposing an Oath upon any Members before their sitting and voting in the Parliament House: wherein five things are observable.

1. That this Oath was made by unanimous consent of the Queen, Lords and Commons in Parliament.

2. That it was five years a probationer, and approved, ratified by two successive Parliaments, before it was imposed upon any Members, and not actually administred to any till the Parliament of 8. Elizabeth.

3. That it was imposed onelyonly upon the Members of the Commons House, not upon any temporal Lords or Barons of the Realm.

4. That the principal end of prescribing it was, to abolish p. 408the Popes usurped supremacy, and prevent his and his instruments Traiterous attempts against the Queens person, Crown, Kingdome, discover persons popishly affected, and seclude them from sitting or voting in the Commons House if elected, returned, unless they should first take this Oath: Not to debar or exclude any real Protestants, when duly elected, from entring into the Parliament house to discharge their trusts and duties.

5. That it appoints no Officers or armed Guards forcibly to seclude any Knight, Citizen, Burgess, or Baron of the Ports till hee hath openly taken and pronounced this Oath, but onelyonly layes 2 particular inhibition upon every such Member himself, not to enter the House without taking it, under the disabilities and penalties therein mentioned: leaving every Member a liberty to seclude himself in case hee were unsatisfied, or could not in conscience or prudence take this Oath, but authorizing none else to keep him perforce out of the House, if hee had a mind to rush into it without taking it. After this the Par…iament of 3. Iacobi. c. 4. upon the detection and prevention of the in…ernal Gunpowder Treason of the Pope, Iesuites and Papists, to blow up the King, Queen, Prince, Lords, Commons, and Parliament, when all assembled together in the Lords House, November 5 Anno 1605. by unanimous consent of the three Estates, made and prescribed a New Oath of Allegianoe to all persons, except Péers of the Realm, who actually were, or should be suspected to be Papists, for their better discovery and conviction, without imposing it upon any Members of either House. Which Oath many Papists oppugning with false and unsound Arguments,**7. Jac. c. 6. though tending onelyonly to the declaration of such duty, as every true, well-affected subject, not onelyonly by his bond of Allegiance, but also by the commandement of Almighty God ought to bear to the Kings Majesty, his Heirs and Successors; Thereupon the Lords and Commons in the Parliament of 7. Iacobs: (when this Oath had been approved four years space) not onelyonly enacted, ch. 2. that every person who should henceforth p. 409be naturalized or restored in blood, should first take this oath; but to shew their great approbation thereof, humbly prostrating themselves at his Majesties feet, did earnestly beseech him, that the same Oath might be administred to all his Subjects what soever; And thereupon it was enacted, ch. 6. That all and every Knights, Citizens, Burge…es, and Barons of the Five-Ports of the Commons House of Parliament, …before hee or they shall be permitted to e…ter the said House, shall make, take, and renew the said corporal Oath upon the Evangelists before the Lord Steward for the time being, or his Deputy or Deputies, without imposing any disability or penalty, or appointing any Officers forcibly to seclude those from entring who refused it. Since these recited Acts, all Members of the Commons House have constantly taken these two Oaths voluntarily, without coercion or forcible seclusion, before they entred or sate as Members in the House. The last Parliament of 16. Caroli in their first Act, for preventing the inconveniences happening by the long intermission of Parliaments, enacted: That all and every the Members that shall be elected to serve in any Parliament hereafter to be assembled by virtue of this Act, shall assemble and enter into the Commons House of Parliament, and shall enter into the same, and shall have voices in Parliament, before and without the taking of the several Oaths of Supremacy and Allegiance, or either of them, any Law or Statute to the contrary thereof in any wise notwithstanding. Provided alwaies, that if the Kings Majesty, his Heirs or Successors, shall at any time during any Parliament hereafter to be assembled by vertue of this Act, award or direct any Commission to any person or persons whatsoever to take or receive the said Oaths, of all or any Members of the Commons House of Parliament, and any Members of the House being duly required thereunto, shall refuse or neglect to take and pronounce the same, that from thenceforth such person so refusing or neglecting shall bee deemed no Member of that House, nor shall have any voice therein, and shall suffer such pains and penalties, as if hee had presumed to sit in the same House without Election, p. 410return or authority. These Statutes being all in their full force, never legally repealed, & authorizing no Officers nor Souldiers whatsoever forcibly to seclude or punish any Member of the Commons House, for not taking both or either of these two Legal Oaths of Supremacy and Allegiance ratified by so many indubitable Parliaments one after another, and backed by theppA Collection of Ordinance…. p. 420. K. 430. solemn League, Covenant, and Protestation; it is neither in the power of the King himself, or his Counsil, nor of the House of Lords, or any other persons whatsoever (much less of the Commons House alone, or any prevailing party in it, who never in any age had the least Legal right or authority to administer an Oath in any case to any witness or person whatsoever, much less to impose any New Oaths upon their fellow-Members sitting with them, or secluded by them, and on all succeeding Members of that House in future Parliaments) to enforce any New Oath or Engagement whatsoever, inconsistent with, or repugnant to these two Legal Parliamentary Oaths, or to suspend, exclude, or eject any Knight, Citizen, Burgess, or Baron of the Ports duly elected and returned, from sitting or voting with them in the Commons House, for refusing such new Ingagement or Oath; it being directly contrary not only to the Freedome, Priviledge of our English Parliaments, Laws, Liberties, but to the very letter of theqq3 Caroli. Petition of Right ratified by K. Charles himself, which complained of, and provides against the administring of any Oath not warranted by the Laws and Statutes of this Realm, and enacts, That no Man hereafter shall be called to take such Oath (as being repugnant to their Rights, Liberties, the Laws and Statutes of the Land (much less then no Members of Parliament enforced by their fellow-Members to take such an Oath, or else be suspended, secluded the House of Commons) rrMr. Rushworths Historical Collections. p. 423.& that former proceedings of this kind (in the case of Loanes, wherein such an oath was prescribed, exacted) should not be drawn hereafter into consequence or example; Yea contrary to the House of Commons ssExact Colection. p. 8.Remonstrants of p. 411the State of the Kingdome, 15. Decemb. 1641. who therein charge the Kings evil Counsellors, That New Oaths have been enforced upon the Subjects against Law, and new Iudicatures erected without Law (which some who thus remonstrated have since that actually done, to the secluding of sundry Members of their own new-model'd Parliaments, for refusing to take new illegal Oaths, and Engagements, repugnant to their old ones of Supremacy and Allegiance) if not the very third Article of the late Petition and Advice, viz. That the ancient and undoubted Liberties and Priviledges of Parliament (which are the Birth-right and Inheritance of the people, and wherein every man it interessed) bee preserved and maintained, and that you will not break nor interrupt the same, nor suffer them to be broken or interrupted. And particularly, that those persons who are legally chosen by a free Election of the people to serve in Parliament, may not be secluded from sitting in Parliament to do their duties, but by judgement and assent of that House whereof they are Members. Therefore not by any armed Guards without any hearing or judgement whatsoever: Which had some of those Army-Officers and Swordmen well considered, who assented to this Article and Petition; they would never have forcibly secluded, secured, imprisoned my self, and sundry other Members of the late Parliament, onelyonly for the faithful discharge of our Oaths, Duties, without, yea against the judgement of the House whereof they were Members, which God in judgement hath repaid on some of them since that, with a suitable Retaliation, Seclusion, Restraint, by some of their own confederates in that unrighteous Anti-parliamentary action.

4 That there is no one President exstant in our Histories or Records in former Ages, nor from 49. Henry 3. till the end of King Charles his Reign, of any Writs issued to Sheriffs or other Officers in Ireland, or Scotland (though subordinate and subject to our English Kings and Parliaments) for electing Knights, Citizens, Burgesses, or Commissioners to sit or vote as Members of the Commonshouse p. 412in any Parliaments or great Councils of England; nor yet for any Knights, Citizens, Burgesses out of Gersy, Gernsey, Alderny, Serke, Man, Silly, or other Islands belonging to England. aa37. H. 8. c. 26. 34 H. 8. c. 26.Yea the Principality of Wales it self (though ever subjected and united to England as part thereof) never sent any Knights, Citizens, or Burgesses to the Parliaments of England, as Members thereof, till enabled by special Acts of Parliament, Anno 27. H. 8. c. 26. & 35. H. 8. c. 11. Nor yet the County Palatine of Chester, though a part and member of England, till specially enabled by the Statute of 34. H. 8. c. 13. neither did, much less then can or ought any Counties, Cities, Burroughs in Scotland, or Ireland, to claim or pretend the least colour of Right, Law, or Reason, to send any Knights, Citizens, Burgesses, (or Peers) to sit or vote in the Parliaments of England, neither ought any such if elected, returned to be of right admitted into our English Parliaments.

1. Because they never enjoyed this priviledge heretofore in any Age, nor pretended to it.

2. Because they are very remote from the places where our English Parliaments are held, and it will not be onelyonly extraordinarily troublesome, expensive, vexatious, inconvenient for them, when elected, to resort so far to our English Parliaments, but dangerous, (especially to cross the Seas out of Ireland in the Winter season) and mischievous.

Thirdly, Because if any of them be unduly elected, returned (as is most probable the most of them will be so) it must necessarily put them to intollerable expences, trouble, vexation, and almost an impossibility to examine, determine the legality or illegality of such Elections, and returns from Scotland and Ireland. The Parliaments being likely to be determined, or adjourned before the Sheriffs and other Officers, who unduly returned them, can be summoned, and witnesses produced thence to prove the abuses or injustice of such Elections: so that any persons thence returned by those in p. 413power, though never elected, or very unduly through favour, power, or corruption of Officers, shall sit and vote as Members, whilst those who were duly chosen and entrusted by the people, shall be secluded and left without relief.

4 Because Scotland and Ireland, **See my Argument of the case of the Lord Maguire.though united to England, alwaies were, and yet are distinct Realms and Republicks, never incorporated into England, or its Parliament, as natural proper Members thereof: they all having by their own Fundamental Laws, Statutes, Customes, Rights, Priviledges, their peculiar proper Parliaments, Peers, Knights, Citizens, Burgesses, Courts, Iudicatures, Councils, and Iudges distinct, divided from, and not intercommoning with one another. The Peers, Lords, Knights, Citizens, Burgesses of England having no place, voice, nor right of Session in the Parliaments of Scotland or Ireland, though in many things subordinate to the Parliaments of England, and subject to Acts of Parliament made in them, and the Lords, Peers, Citizens, Burgesses of the Parliaments of Scotland, and Ireland, being no Lords, Peers, Knights, Citizens or Burgesses at all in England or its Parliaments, being distinct from theirs, and summoned unto their own Parliament onelyonly, as I shall hereafter manifest in its due place. This is evident not onelyonly by the distinct printed Laws and Statutes of England, Scotland, and Ireland, and those Historians, who have written of them (especially Holinshed, Bucana…, and Mr. Cambden) but likewise by Mr. Seldens Titles of Honour, p. 2. c. 5, 6, 7, Cooks 4 Institutes, ch. 1. 75, 76. Cooks 7 Reports, Calvins case. The Statute of 1 Iacobi, ch. 1, 2, 3. Iacobi, c. 3, 4. Iacobi, ch. 1. 7. Iacobi, ch. 1. which fully confirm and establish the distinct Parliaments, Rights, Laws, Liberties, Customes, Iurisdictions, Iudicatures of the Realm… of England, and Scotland.

5. Because the calling and admission of Scotish Knights, Citizens, Burgesses, or Peers unto the Parliaments of England, and giving them a voice and Legislative p. 414power therein, both in Relation to England, Scotland and Ireland, though united under one King and Soveraign Lord, is diametrically contrary, First, to all these recited Acts, and the Propositions, proceedings mentioned in them, referred to the consideration and determination of the Parliaments of both Realms, as separate and distinct from each other, and not incorporated into one body, Realm, or Parliament; whose peculiar distinct Rights, Jurisdictions, Powers, Parliaments, are since that in precise terms confirmed and perpetuated, without any union or incorporation into one undivided body politique. Secondly, Because it is expresly contradictory to the late Act of 17. Caroli, passed, ratified in and by the Parliaments of both Kingdome, for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland. Wherein the Commissioners deputed by the Parliament of Scotland, to treat with the Commissioners appointed by the King and Parliament of England, for the saving of the Rights of Scotland, that the English might not claim any joynt right or interest with the Scots, in the things that concerned their Parliaments, or Kingdome, in their papers of the 7. of August 1641. did declare and make known, that although they were fully assured that the Kingdome and Parliament of England, was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland, or their Laws and Liberties, yet for preventing the misunderstanding of posterity, and of strangers, and for satisfying the scruples of others not acquainted with the nature of this Treaty, and the manner of their proceedings, which may arise upon their comming into England, and their treating in time of Parliament: That neither by our treaties with the English,, nor by seeking our Peace to be established in Parliament, nor any other action of ours, do wee acknowledge any dependence upon them, or make them Iudges to us or our Laws, or any things that may import the smallest prejudice to our Liberties. But that wee come in a free and brotherly way, by our p. 415Informations to remove all doubts that may arise concerning the proceedings of our Parliament, and to joyn our endeavours in what may conduce for the peace and good of both Kingdomes, no otherwise than if by occasion of the Kings Residence in Scotland, Commissioners in the like Exigence, should be sent thither from England. Thirdly, It is pointblank against the solemn League and Covenant, ratified and confirmed in the most sacred and publick manner, The 3 Article whereof, taken with hands lifted up to heaven, and subscribed by the Parliaments of both Kingdomes, and all others well-affected in both Realms, doth thus preserve the distinct Priviledges of the Parliaments of both Realms, in these words. We shall with the same sincerity, reality, and constancy in our several vocations, endeavour with our estates and lives, mutually to preserve the Rights and Priviledges of the Parliaments, and the Liberties of the Kingdomes of England and Scotland; which are likewise distinguished from each other in every other Article, the Prologue and Conclusion of the League and Covena…t, and all Ordinances that confirm it. 4. As if this were not sufficient; it is directly contrary to the**A Collection of Ordinances, p. 877, 878. Declaration of the Commons of England assembled in Parliament, 17, April, 1646. of their true intention inviolably to maintain the Ancient and Fundamental Government of the Kingdome, by King, Lords and Commons, the Government of the Church, securing the people against all arbitrary Government, and maintaining a right understanding between the two Kingdomes of England, and Scotland, according to the Covenant and Treaties; To the Commons printed Answers to the Scots Commissioners Papers 28 of November 1646. Yea to the Lords and Commons Houses joynt Declaration, the 29. of Iune 1646. In all which they**See the Independency of England, by Henry Martin, 1628. do professedly declare, assert, argue, resolve, the absolute Independency, distinct Rights, Iurisdictions of the Kingdomes and Parliaments of England and Scotland, from the very Articles of the solemn League and Covenant, and Treaties between both Kingdomes, and other Evidences, grounds, reasons, positively asserting, That the p. 416Parliament and Kingdome of England is, and ought to bee the sole and proper Iudge of what may bee for the good of this Kingdome; and that the Kingdome and Parliament of Scotland, neither have, nor ought to have any joynt-concurrent share or interest with them therein, nor right of joynt-exercise of interest in disposing the person of the King in the Kingdome of England. And that the self-same liberty and priviledge alwaies had been admitted, and ever shall bee carefully and duly observed by them and the Parliament and Kingdome of England, to the Kingdome and Parliament of Scotland in all things that concern that Kingdome; And that it was not the intention of the Lords and Commons in the Parliament of England, nor of the Commissioners of the Parliament of Scotland, in sending Propositions to the King, in the name, and in the behalf of both Kingdomes, by joynt-consent, that any construction should be made therefrom, as if either Kingdome had any interest in each others Propositions, or in the Legislative Power of each other concerning any of the said Propositions; but that it remaineth distinct in each Kingdome and Parliament respectively. And that notwithstanding any joynt-proceedings upon the said Propositions, either Kingdome hath power of themselves to continue, repeal, or alter any Law that shall be made upon the said Propositions for the good and government of either Kingdome respectively. And both Houses did therein declare, that they are fully resolved to maintain, and preserve inviolable the solemn League and Covenant, and the Treaties between the Kingdomes of England and Scotland. Now the calling and incorporating of Scotish and Irish Peers, Knights, Citizens, and Burgesses into the Parliaments of England, as Members, Voters, Legislators, together with the English, to oblige both England, Scotland, and Ireland, against the ancient, unquestionable, distinct, fundamental Rights, Priviledges of the Kingdomes, Parliaments, people, both of England, Scotland, and Ireland (all whose Parliaments, Rights, Priviledges, Liberties, will be totally subverted by it as well as our English) is so contradictory, so repugnant to, and inconsistent p. 417with all and every of these recited Acts, Ordinances, Declarations, clauses of the solemn League and Covenant, to the Great Charter of King Iohn, all ancient Writs of Summons to English, Irish or Scotish Parliaments, all Acts for Electing Kn…ghts, Burgesses, and concerning Parliaments formerly established in all these three Kingdomes, as distinct, that no conscientious Heroick Englishman, Scot, or Inhabitant of Ireland, who cordially affects the honour, maintenance, preservation of his own native Countries, Kingdomes, or Parliaments fundamental Rights, Priviledges, Liberties, or makes conscience of violating the Articles of this solemn League and Covenant hee hath formerly taken, and subscribed in the presence of Almighty God, Angels and Men, with this protestation; wee shall not suffer our selves directly or indirectly by whatsoever combinatien, perswasion or terror to be divided or withdrawn from it, either by making defection to the contrary part, or by giving our selves to a detestable indifferency or neutrality; but shall all the daies of our lives constantly continue therein against all opposition, and promote the same according to our Power against all Lets and Impediments whatsoever; and this wee shall do in the sight and presence of Almighty God, the searcher of all hearts, with a true intention to perform the same, as wee shall answer the contrary at the great day, when the secrets of all hearts shall be disclosed; can ever in conscience, justice, reason, policy or prudence submit thereto, but is bound to oppose and resist with all his power, for the premised Reasons.

6. Because the proportioning and distribution of the thirty persons to be elected for Scotland, and the thirty others for Ireland, and incorporating of these sixty Scotish and Irish Knights, Citizens, and Burgesses into the Parliaments of England, was not projected, effected, approved, ratified by the free, full, and joynt-consents of the respective Parliaments of England, Scotland, and Ireland, but onelyonly by about twenty or thirty Army-Officers, in a private Cabinet Conventicle, at Whitehall, without p. 418yea against their privities, and consents, by their Instrument of Government, which they then published, 16 Decemb. 1653. Artic. 9, 10, 11. having not the least shadow of any Legal Power or Authority, to oblige our 3 distinct Kingdomes, Nations, Parliaments, much less to subvert and abolish them, by new melting them into one body, contrary to their very fundamental Laws, Constitutions, Rights, Priviledges, to their grand prejudice and dishonour. Therefore there is no reason for either of them to submit and conform thereto. The rather, because this Instrument was never ratified by any, but opposed by every publick Convention, since its publication, yea totally set aside (if ever valid) by the last of them, in and by this clause of their humble Petition and Advice, Artic. 3, 4. That the number of persons to be elected and chosen to sit and serve in Parliament for England, Scotland, and Ireland, and distribution of the persons so chosen, within the Counties, Cities, and Burroughs of them respectively, may be according to such proportions as shall be agreed in this present Parliament: which agreed nothing concerning the same: And both the Instrument and Advice being now set aside by those in present power, by issuing Writs for electing Knights, Citizens, and Burgesses throughout England, according to the ancient Laws, Usage, Custome, and not according to the Instrument or Advice, by which the English and Commons House are now remitted to their old Parliamentary Rights & Priviledges. They are obliged upon all these Reasons, Authorities, and Considerations, henceforth to seclude all Scotish and Irish Knights, Citizens, Burgesses, or Peers, from sitting or voting amongst them as Members, and ought to treat with them onelyonly as Delegates or Commissioners sent from both Nations touching such affairs as particularly relate to Scotland and Ireland, according to**Ordinatio, pro stabilitate terrae Scotiae, cl. 33. E. 1. dorse 13. Cedula. Rustal Partition. 2. 1. Jac. c. 2. 16. Caroli. here p. 414, 415, 416.Jas 2:16 ancient and late Presidents, but not to permit them any place or vote at all in the Commons or Lords House, as joynt-Members, Legislators with the English, in the Parliaments of England.

p. 4197. Because the thrity persons to be chosen for Scotland, and the other thirty for Ireland, and the several Counties, Cities, and Borroughs within the same, to represent and oblige both these Kingdomes and Nations, as their Representativees and Attornies, are not to be elected by the generality of both Kingdomes, as in justice, reason, equity they ought to be, but by such as the Major part of the Council at Whitehall shall prescribe, as the 9th. Article in the Instrument declares, some whole Counties, and eminent Cities in both Kingdomes, having no voices at all in the Elections of these Members, and therefore not to be obliged by them, as 44. E. 3. f. 19. 11. H. 7. 14. 21. H. 7. 40. 23, H. 8. Br. Lert. 27. 7. H. 6. 35. 6. Dyer 373. b. resolve. This being a general Rule in Law, Justice, Reason, inserted into the very Writs of Summons to Parliament, Claus. 24. E. 1. m. 7. dorso (here) p. 6. Ut quod omnes tangit ab omnibus approb… tur. And the sole reason why Acts of Parliament oblige all those who send Knights and Burgesses to them, and not tenants in Ancient Demesn, is onelyonly this, because they assent unto them, in and by their representatives, as the Statute of 1 Iac. c. 1. 4. H. 7. 10. Brooke Parliament, 25. 27. 41. Ash Parliament, 10. and Proclamation, 39. and the Law-books Authorities there collected to this purpose determine.

8. In the **See Mr. Rushworths Historical Collections. p. 237.Parliament of a Caroli, the Lords Spiritual and Temporal then in Parliament assembled, exhibited this Petition to the King: That whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such Nobles of Scotland and Ireland, as being in Titles above them, have resorted hither; Now divers of the natural born Subjects of these Kingdomes resident here with their families, and having their estates among us, do by reason of some late created dignities in those Kingdomes of Scotland and Ireland, claim precedency of the Peers of this Realm, which tends both to the disservice of your Majesty, a…d to the di…paragement of the English No…ility, as by these Reasons may appear.

p. 4201. It is a nobelty without President, that men should inherit honours where they possess nothing else.

2. It is injurious to those Countries from whence their Titles are derived, that they should have a vo…e in Parliament where they have not a foot of Land, &c. Upon the consideration of which inconveniencies they humbly beseeched his Majesty, that an order might be timely setled therein to prevent the inconvenience to his Majesty, and redress the prejudice and disparagement to the Peers and Nobility of this Kingdome occasioned thereby, which the King promised to do. And is it not a far greater inconvenience, prejudice and disparagement to the Nobility, Gentry, and Parliaments of England, yea a greater Novelty and Injury than this they then petitioned against, not only for the Nobility, but for the very Knights, Citizens, Burgesses, of Scotland, and Ireland, to sit with, and take place of the ancient Peers, Knights, Citizens, and Burgesses of England, according to their several Titles, and to enjoy an equal vote, judicature, priviledge with them in every particular, in the very Parliaments of England, which they never formerly did, though they have not one foot of Land in England, nor the English any vote of place in their Parliaments? No doubt it is. Therefore as fit to be timely redressed, as that grievance, upon the self-same grounds, being more universal, prejudicial and dishonourable to the whole English Peerage, Parliament and Nation, than this which concerned the English Peers alone, and that onelyonly out of Parliament.

9. This number of Members sent from Scotland and Ireland to the Parliaments of England, holds no just not equal proportion or distribution with the numbers of Members, which they formerly elected and sent to their own respective Parliaments, in Scotland and Ireland, as is evident by the Irish Statutes of 18, E. 4. c. 2. 10. H. 7. c. 16, 38. H. 8. c. 12. 33. H. 8. c. 1. Cookes 4. Iustit. c. 75, 76. and Regiam Majestatem, nor yet in reference to the number of the Members and Parliament-men in England, being near ten to one to the Members of both these p. 421Nations conjoyned, which inequality upon all occasions may prove very prejudicial to them both.

10. It will be an extraordinary grievance, oppression, expence, vexation, mischief, delay and obstruction of Justice to all the Inhabitants of Scotland and Ireland, not onelyonly to bear the Expences of all the Members they send to the Parliaments of England, but to be enforced to resort unto them in person, together with their Witnesses, Evidences, and Council, for all grievances, oppressions, injuries, errors, complains and misdemeans in Officers or Courts of Justice formerly redressed, and remediable onelyonly in their own proper Parliaments, much nearer home, and now only to be heard, examined, redressed, determined in the Parliaments of England, as the Claus. Roll. of 39. E. 3. M. 12. De erroribus corrigendis in Parliament is tenend is in Hibernia (printed in my Epistle to my Argument of the case of the Lord Mag…re) most fully and excellently resolves: And the multitudes of complaints, out of all three Kingdomes will prove so great in every Parliament, that it will be impossible to hear and determine the moity of them at any one Session or Parliament, and the attendance will prove so tedious to all or most, that it will become a greater grievance to them than any they complain of, and if they gain any relief, it will be in effect, a Remedy as bad or worse, as the diseas… it cures: Yea an express violation of Magna Charta. ch. 29. Nulli negabimus, nulli differemus justitiam aut rectum: Finally, This patching of New Scotish and Irish Members into our old English Parliament, will be so farre from uniting and contenting the three Nations and Parliaments in one, that it will discontent and disunite them more than before, and make the rent the greater upon every occasion, as Christ himself resolves, with whose words I shall close up this observation:**Mark. 2. 21.Mark 2:21 No man seweth or putteth a peece of new Cloth upon an old Garment,**Luk. 5. 36.Luke 5:36 else the new peece that filleth it up, taketh away from the old, and agreeth not with the old, and the rent is made worse.

5. That as the Writs of the Common Law, are the p. 422foundations whereon the whole Law, and subsequent proceedings do depend, as aaDe Legibus & consuetudini, Regni Angliae.Glanvil, bbLib. 5.Bracton, ccCap. 48.Britton, ddLib 2. c. 12.Fleta heretofore,eePrae…ace to Na…. Brevium. Fitzherbert, ffD…gest of Writs.Thelwell, gg1. Instit. f. 73. b.Sir Edward Cook, and others of later times resolve; upon which account if the Writs be vicious, erronious, invalid, illegal, or null in Law, they abate, vitiate, and annihilate the whole Process, Declarations, and Struotures grounded on them, as hhBritton. c. 48. Statham. Fitzherbert, Brock, Thelwel, Ash Title, Brief, Abatement de Brief & Errour.all our Law-Books assert; So the Writs of Summons to Parliaments and Great Councils are the very foundations, and corner-stones whereon our Parliaments, Great Councils, and all their Votes, Judgements, Proceedings, Acts, Ordinances do depend. Therefore if they be defective, erronious, invalid, illegal, insufficient, or null in themselves, the Parliaments and Great Councils convened by, founded on them, with all their Iudgements, Proceedings, Acts, Ordinances, must of necessity be so likewise, as the Statutes of 1. Hen. 4. c. 3. 21. R. 2. c. 1. 39. 8. H. 6. c. 1. H. 8. c. 1. 17. E. 4. 5. 7. 1. H. 4. rot. Parl. n. 1. 66. 1. E. 4. rot. Parl. n. 8: to 17. 1. H. 7. c. 9. 27. H. 8. c. 24. in England, largely evidence, and the Statute of 10. H. 7. c. 27. in Ireland, determines; repealing a Parliament holden at Drogheda before Sir Robert Preston, decreed and deemed void to all Intents, by the Kings Council in Ireland.

1. Because the Duke of Bedford, Lieutenant of Ireland, (by whose Deputy it was summoned and held) surrendred his Patent of Lieutenancy before the said Parliament summoned.

2. Because there was no general summons of the said Parliament, to all the Shires, but onelyonly to four Shires.

3. Because the said Deputy had no m…nner of Power by his Commission to summon or kéep a Parliament: For the which causes it was ordained and enacted, that the Parliament to holden be deemed void, and of none effect, by the whole Parliament of Ireland, Anno 10. H. 7. And the Parliament of 18. E. 4. ch. 2. in Ireland, touching the Election of Knights and B…rgesses, further manifests it.

6. That the summoning (as likewise pro…guing, p. 423adjourning, dissolving) of all Parliaments and Great Councils in England and Ireland, is a peculiar inseparable royal Prerogative, belonging onelyonly to the Kings of England, and incommunicable to any other person or persons, yea to Parliaments themselves, which cannot appoint a succeeding Parliament to be called but by the Kings consent, and that (though appointed to be held at a prefixed day and place) to beiiHere p. …3. summoned only by the Kings Writ. That all Writs of Summons and Prorogation alwaies issued, and of right ought to be iss…ed onelyonly in the Kings name, stile, authority, whether absent out of, or present within the Realm, whether within age, or of ripe years, and that by his special Commands alone, or his and his Councils joynt precept, as the stile, name, contents of all precedent and subsequent Writs; the subscriptions under them, Per ipsum Regem, per ipsum Regem & Consilium, per ipsum Regem, Custodem & Consilium (in the Kings absence) per breve de privato sigi…o, &c. the stile, tenor of all Writs, De expensis Militum & Burgen sium, the Statutes of 5. R. 2. Parl. 2. c. 4. 7. H. 4. c. 14. 6. H. 6. c. 4. 23. H. 6. c. 11. 27. H. 8. c. 24. 31. H▪ 8. c. 10. most Acts of late times for the subsidies of the Clergy and Temporalty, Tonage, Foundage; the Prologues to our ancient and modern printed Statutes, the Kings Chancellors and others speeches upon the convention of most Parliaments, in Parliament Rolls, together with the Act of 16. Caroli, for preventing of inconveniences happening by the long intermission of Parliaments, Cooks 4. Institutes, ch. 1. and all who have written of our English Parliaments, abundantly evidence and resolve beyond contradiction. Hence our latekkSee Mr. Rushworth his Historical Collections, p. 4 10, &c. King Charles, in his Declaration of the causes of assembling and diss…lving the two last Parliaments, Iune 13. 2. Caroli, affirms, That the calling, adjourning, proroguing, and dissolving of Parliaments, do peculiarly belong unto himself by an undoubted Prerogative inseparably uniied to his impertal Crown, and the Statute of 16. Caroli. c. 1. made by the unanimous consent of both Houses declares, That by the Laws and Statutes p. 424of this Realm, the appointment of the time and place for the holding of Parliaments, and the summoning of them (by Writ in the Kings Name) hath alwaies belonged, as it ought, to his Majesty, and his royal Progenitors, and none else.

7. That the Kings of England, have as true, full, real and legal an haereditary right, Title, Interest, Propriety in and to the Parliament, as they have in and to the Kingdome and Crown of England, as these Clauses in all their Writs of Summons, Prorogations of Parliaments, issued to the spiritual and temporal Lords, Kings Counsil, Sheriffs, and Warden of the Cinqueports resolve; Ordinavimus quoddam Parliamentum nostrum, &c. tenere: In ultimo Parliamento nostro; post ultimum Parliamentum nostrum, sitis ad nos ad Parliamentum nostrum, and the like; compared with Statum Regni nostri Angliae: Et cum Praelatis & Proceribus Regni nostris sicut commodum Regni nostri Diligitis: Iura Coronae nostrae, &c. in the same Writs: The Writs de expensi: Militum & Burgensium; The Titles and Prologues of most printed Acts of Parliament: The Statutes of 8. H. 6. c. 7. 23. H. 6. c. 11. 23. H. 8. c. …3. 27. H. 8. c. 24. 31. H. 8. c. 10. 1. Iac. c. 1. and sundry Writs in the Register, stiling the Parliament, the Kings Parliament, his Parliament, our Parliament in relation to the King, andllSeldens Titles of Honour. p 663, 665, 747, 748, 751, 757, 764, &c. his Patents for creating Dukes, Marquesses, Earls, Peers and Barons of the Realm, granting them and their Heirs males, Sedem & locum in Parliamentis nostris, Haeredum & successorum nostrorum in…ra Regnum nostrum Angliae. Therefore the Parliaments of England can no more exist or subsist without the King, than the Kingdome or Crown of England, the King being both Caput, Principium & finis Parliamenti, as Modus tenendi Parliamentum, mm4 Inst p. 3.Sir Edward Cooke and others resolve, our Parliaments living and dying with our Kings, and determining when summoned and sitting by the Kings decease (since they can neither treat nor confer with him of any businesses concerning him or his Kingdome, nor be his Parliament after his death) as the Parliaments of p. 4251. H. 4. rot. Parl. n. 1. 2. 3. 1. H. 5. rot. Parl. n. 16. 4. E. 4. f. 44. Cooks 4. Instit. p. 46. adjudge: the Parliament of 23. R. 2. dissolving by this resignation of the Crown, and the Parliaments of 14 H. 4.nnKing Cha…les his Declaration, 13. June 2. Car. Mr. Rushworths Historical Col…ectiods, p. 411. and 24. Iacobi being dissolved by their respective deaths, as their Judges and Parliaments resolved, and the Parliament of 18. Caroli by the self same reason, as I haveooMy Legal Vindication against illegal Taxes. elsewhere evidenced, seeing hee could neither vobiscum & cum caeteris Magnatibus & Proceribius Regni nostri colloqaium habere & Tractatum, super diversis & arduis negoc…is Nos & Regnum nostrum co…tingentibus, nor the Commons do and assent hiis quae tunc ibidem per N…s, &c. ordinari contigerit super negotiis antedictis, as the Writs of Summons and Prorogation prescribe.

8. That when ever there was appHere p. 43, 44, 46, 50, 51, 52, 67, 68, 80, 84, 85, 86, 87, &c An exact Abridgement of the Records in the Tower, p. 542, 543, 552, 561, 597. Custos Regni, during the Kings absence in forraign parts, or a Protector during his Minority, the Writs of Summons and Prorogation issued alwaies in the Kings stile, name, and by his authority and direction, and the Teste onelyonly in the Custos, or Protectors name, with a per ipsum Regens, per ipsum Regem & Consilium, or, per ipsum Regem, Custodem & consilium subjoyned.

9. That when our Kings could not be personally present at any Parliament by reason of their wars, sickness, extraordinary occasions, absence in forraign Parts, or minority, they held them by aqqHere p. 9. 41, 42, 44, 46, 48, 49, 50, 93, 64. Custos Regni, or Commissioners authorized by special Commissions issued to them in the Kings name under his Great Seal, to hold these Parliaments in his Name and Stead, which were publickly read at the beginning of the Parliament, and entred in the Parliaments Rolls; for which I shall present you with these presidents onelyonly, omitting all others of this kind, agreeing with them, or varying little from them, in form or substance. The first is this.

Anno 13. E. 3. Rot. Parl. n. 4. Edward…s Dei gratia Rex Angliae, Dominus Hiberniae, & Dux, Aquitaniae, Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, Baronibus & omnibus aliis ad instans Parliamentum nostrum p. 426apud Westm. summonitum conventuris salut…m. Cum dilectus & fidelis noster Edwardus Dux Cornubiae, Comes Cestr. filius noster carissimus Custos. Regni nostri, propter quaedam negocia sibi incumbentia sit ad praesens Parliamentum praepeditus, quo minus isto die Iovis in Octabis Sti. Hillarii apud locum praedictum vale at personaliter interesse: de circumspectionis & industriae magnitudine venerabilis Patris Iohannis Archiepiscopi Cantuar. totius Angliae Primatis, & discretorum virorum Magistri Williel…i de le Zouche Decani Ecclesiae beati Petri Ebor, Thesaurarii nostri Ricardi de Willoughby, Iohannis de Stonore, & Iohannis Decani Sti. Pauli plenam fiduciam reportantes; ipsos quatuor, tres aut duos eorum ad inchoand. & continuand…m Parliamentum praedictum, nostri, & dicti filii nostri nomine; & ad faciend. ea quae Pro Nobis per praedictum filium nostrum facienda fuerint, usque adventum filii nostri ibidem, Deputamus & Assignamus. Et ideo vobis mandamus, quod iisdem Archiepiscopo, The saurario, Rico. Iohi. & Iohi. quatuor, tribus & duobus eorum intendentes sit is in praemissis in forma praedicta. Teste Edwardo Duc… Cornub. & Comite Cestr. filio nostro carissimo Custode Angliae, apud Langle XIX. die Ianuarii, Anno Regni nostri tertio decimo.

The second is thus registred, Ann… 25. E. 3. Rot. Parl. n. 1. 2.

Edwardus Dei gratia Rex Angliae, & Franciae, & Dominus Hiberniae, Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, Baronibus, Militibus, & omnibus aliis ad instans Parliamentum nostrum apud Westm Summonitum conventuris, salutem; Cum Nos ex certis ca… sis sumus ad partes transmari…as profect…ri, per quod ad primum diem dicti Parli…menti forte non poterimus interesse, Nos in casu quod citra dictum diem non redeamus Leonello filio nostro carissimo ad inchoand: Nomine nostro Parliamentum praedictam, & ad faciend. ea quae pro Nobis & per Nos faci…nd… fuerint, usque adventum nostrum ibidem, plenam tenore praesentiu… committimus potestatem. Et ideo Vobis mandamus quod eidem filio nostro intendentes p. 427sitis in praemissis, in forma praedicta: In cujus rei testimonium has literas nostras fieri …ecimus patentes. Teste m…ipso apud Turrim London. 20. die Januarii. Anno Regni nostri Angli…, 24. Regni vero nostri Franciae undecimo. Per ipsum Regem.

The third is thus recorded in the Parliament Roll of 51. E. 3. n. 1. with this Prologue.

Enle 15a. s…int Hilar, &c. que fuist le primer jour de ce present Parlement, tr…z nobles & p…issent Sir Richard Prince de Gales, Duc de Cornwelle, & Cou…te de Cestr. & auxint les Prelets, Seigneurs, Justices, Comenes, & auters que fuerent venuz per Sommons de ce present Parlement, sesemblerent en le palayes de Westm. en le Chambre de peinte; & illoeques en lour presence le dit Prince alos seent in my lieu de uly, Cestassav…ir en la place du Roy mes…es, nostre le dit Seig…ieur le Roy esteant meismes benemont, venier en sa proper persone, envoy ast en dit Parlement returnes ses Literes patents …o…z son grant Seale enseales, en la form que ensuant.

Edwardus Dei gratia, &c. Archiepiscopis, Episcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Baronibus, militibus, & omnibus aliis in instanti Parliamento conventuris salutem. Cum ex certis cansu sum…s ad pr…s…ns praep…diti, ita quod ad primum diem Parliamenti praedicti ad locum praedictum personaliter non poterim…s interesse; de circumspectionis & industriae magnitudine carissimi filii nostri Ricardi, Principis Wallia, Duci… Cornubiae, & Comitis Cestr, plenam fidu…iam reportantes, eidem filio nostro ad Parliamentum praedictum nostro nomine inchoand. & ad faciend. … quae pro Nobis. & per …os ibidem faciend. fu…runt, plen…m tenors… praesentium committimus po…estat…m. Et ideo vobis mandamus, quod eidem Principi, intendentes fitis in praemissis in forma praedicta. In cujus Rei, &c. Teste meipso apud Havering. 26. die Jan. Anno Regni nostri A…gliae, 51. & Franciae, 38.

The fourth is thus entred, Rot. Parl. An. 1. H. 6. n. 1.

Fait assavoir … comm…nc…ment del Parlement tenuz le Lundy prochein de …a…t le feste de Seint Martyn, I'a… del p. 428regne du Roy Henry Sisme, p…is le conquest; primerement un… Commission du Roy fait desoutz son grande Seal, & direct…z al Honorable & puissent Prince, Humphry Duc de Glocestre, son-Uncle, per la quell le Roy av…i… done poiar a mesme son Uncle a tenit le dit Parlement en le nom du Roy, folon… laffect & la contenuz de mesme la Commission; en la preseuc… de'l dit Duc seant en la Chambre de peinte, deinz In Palayes de Westm. & anxy de les Seignieurs espuelz & temperelz, & les Chivalers des Countees, & des Citeins, & Burgeois del Roialme, Deingleterre pur toute lay Comme de mesme la Rolalm… au dit Parlement tenuzilleoqes alors esteantz, …uit overtement le e…z, dont le tenure-cy ensuyt.

He…ritus Dei gratia Rex Angliae, & Franciae, & Dominus Hiberniae, omnibus ad quos praesentes litetrae pervenerint, salutem, Sciatis, quod cum de avisamento Concilii nostri pro quibusdam arduis & urgentibus negociis nos, & statum & defensionem Regni nostri Angliae, ac Ecclesiae Anglicanae▪ contingentibus, quoddam Parliamentum nostrum, apud Westm. Die Lunae prox: ante sestum Sti. Martini prox. futur. teneri ordinavimus, Et quia vero propter certas causas ad Parliamentum Praedictum personaliter non poterimus interesse; Nos de circumspectione & industria carissimi Avuncu…i nostri Humfredi Duc…s Gloucestr. plenam fiduciam reportantes, eidem Avunculo nostro ad Parliamentum praedict. nomine nostro i…choand & in eo procedend. & ad facienda omnia, & singula quae pro Nobis, & per Nos, pro bono regimi…e & gubernatione R…gni nostripraedicti, ac aliorum Uominiorum nostrorum eidens Regno nestro pertinent…um; ib…dem suerint faciend. Nec non ad Parliamentum illud …iendum & dissolvendum, de assensu Concilii nostri, plenam tenore praesentium, committimus potesta…e…s. Dantes ult…r…us, de assensu ejusdem Concilii nostri, tam universis & singulis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Dusibus, Comitibus, Baronibus & Militibus; quam omnibus aliis quorum interest ad Parliamentum nostrum praedict… conventuris, similiter tenore pr…sentum in mundatis▪ quod eide… p. 429Av…culo nostr… intendant… praemissi… forma supra… dict…. In cujus rei testimonium has literas nostras fieri fecimus patentes. T. m…ipsa apud Westm. 6 dis Novembris. Anno Regni nostri primo.

The like Commission I finde made to the same, Duke in the Parliamant Roll of 2. H. 6. n. 1. word for word, except in those additional words and clauses in the Commission it self. Nos de circumspectione, fidelitate & industria, &c. Eidem Avunculo nostro ad Parliamentum praedict. nomine nostro inchoand. negociaque praedicta exponend. ac declarand. ac exponi & declarari faciend. necnon in negociis illis, & Parliamento praedicto, ac omnibus & singulis in eo emergentibus procede…d, &c. Ne…non ad Parliamentum illud si necesse fuerit continuand. & prorogand▪ ac ad idem Parliamentum finiend, &c. plenam committimus potestatem; quam in eventu praedicto Parliamento nostro & tempore aliquo forsan in persona nostra adess… contigerit revocare intendimus. Dantes, &c. Ut supra: with the like in other Parliaments, during this Kings Minority, and in 33 H. 6. rot. Parl. n. 30.

It is observeable, that none of these Custodes Regni, or Protectors, had any power given them to summon or hold Parliaments in their own Names, or by their own inherent Authority as Protectors; nor to create new Peers or Barons of the Realm, by Writs or Patents, for ought I finde, the very words of their Patents, and therrExact Abridgement of the Records in the Tower, p. 564, 568, 869, 592, 658. Parliaments of 1. H. 4. rot. Parl. n. 24, 25, 26, 2 H. 6. rot. Parl. n. 15, 16. 6 H. 6, rot. Parl. n. 22, 23, 24. (a notable Record.) 8 H. 6. rot. Parl. …. 13. 33 H. 6. rot. Parl. n. 30. to 42. resolving the contrary.

By all these forecited Commissions, Patents, and the Patent to the Protectors themselves during the Kings Minoritie, enrolled in the Parliament Roll of 1. H. 6. Num. 24, (which I have**In the second part of my soveraign power of Parliaments & Kingdomes, p 67, 68. elsewhere published) it is most apparent; That as thebb1 Pet 2. 13, 14. 1 Tim. 2. 2. Prov. 8. 2. 4 Dan, 2. 37, 38.1 Pet 2:131 Pet 2:141 Tim 2:2Prov 8:2Prov 8:4 Scripture and New Testament it self, in express terms resolve; The King alone, to be the Supream Magistrate: So the Common and Statute p. 430Laws, Lawyers, Writs, Records, and Parliaments of England, have alwaies hitherto, resolved, declared, proclaimed (as Bracton, l. 1. c. 8. l. 3. c. 16. f. 134. l. 3. c. 3. 9. Fleta. l. 1. c. 5. 17. The**Walsingham. Hist, Angl. p. 55, 56, Mat. Westm. p. 435, 536. Henry de Knyghton de eventibus. Angl. l. 3. c. 13. Col. 3529. Parliament of Lincolne. 29 E. 1. 16 R. 2. …. 5. 25. H. 8. c. 19, 21. 22. 26 H. 8. c. 1. 27. H. 8. c. 15. 28 H. 8. c. 7, 10. 31 H. 8. c. 10, 15. 32 H. 8. c. 22, 24, 26. 33 H. 8. c. 29. 35 H. 8. c. 1. 3, 27, 19, 37 H. 8. c. 15. 1. E. 6. c. 2. 1. Eliz. 5. 1. 3. 4. 5 Eliz. c. 1. 8 Eliz. c. 1. 1 Iac. c. 1. 2. 3. Iac. c. 4. 7 Iac. c. 6. The Prologues of all ancient Parliaments, and the very words of the Oathes of Supremacy and Allegiance, (prescribed to all Members of the Common House, Judges, Justices, Officers, Barristers, Attornies, Sheriffs, Graduates, Ministers and SchoolMasters by our Parliaments) abundantly evidence;) The King of England alone (not the Custos Regni, Protector, nor any other person whatsoever, nor the Pope himself) to be the onelyonly Supream Governour, Head, Magistrate of the Realm of England, and the Dominions thereunto annexed, and that in and over all spiritual and ecclesiastical persons, things, causes, as well as temporal, without recognizing any other Soveraign Lord, Governour, Magistrate, for ought I finde in History or Record.

10. That the causes of summoning and proroging all Parliaments ought to be generally or particularly expressed in the Writs of Summons and Prorogation, together with the precise daies whereon, and places wherein they are to meet upon the Summons or Prorogation; that so all may know …ertainly at what time and place to meet. That the daies and places of their meeting and prorogation, were absolutely in the power of our Kings, who varied them according to emergent occasions, and the places of their necessary residence. For instance; When the wars or affairs of Scotland drew our Kings and Nobles towards the Northern parts, they usually summoned or prorogued their Parliaments to York, Karlisle, Newcastle, Stanford, Lincolne, Leycester, Northampton, Cambridge, Stainford, Conventry, Nottingham. p. 431When the wars and businesses of France called them towards the South, they frequently summoned their Parliaments, to Winton, Salisbury, Southampton, Canterbury. When the wars or negotiations of Wales or Ireland occasioned their removal towards them, they convened their Parliaments at Gloucester, Worcester, Salop, Hereford, Bristol, Oxford, or Malborough. But most usually they were summoned and prorogued to Westminster or London, as the center and Metropolis of the Realm, and the most indifferent and convenient place of meeting, as the Writs of Summons and Prorogation attest.

11. That for the most part all Writs of Summons and Prorogation both to the spiritual and temporal Lords, Kings Counsil, Sheriffs of Counties, and Wardens of the Cinque-ports, have the self-same Teste, date, Prologues; yet now and then some of them, are different in their dates, yet very rarely in their recitals. That there is frequently a different space of daies and times between the dates of the Writs of Summons and Resummons upon Writs of Prorogation, and the daies of the first meeting of the Parliaments, and Great Councils to which they are summoned and elected, as you may easily discern by comparing them; there being sometimes two months space or more, sometimes fifty daies, but usually forty daies, or more (according to the Charter of King Iohn) between the date of the Writs and daies of appearance in Parliaments, and Grand Councils. Yet in cases of extream necessity, upon sudden unexpected dangers, I finde two Parliaments summoned to meet within the space of forty daies; as inssHen. p. 31. Claus. 4 E. 3. d. 19. Where there was onelyonly two and thirty daies between the date of the Writ and Parliament, which being unusual, there is an express clause in the Writs, that it should not be drawn into consequence for the future: So in 28 Eliz. the Writ bore date the 15th. of September, and the Parliament was to begin the 15th. of October following, but thirty daies after. All other Writs (to p. 432my best remembrance) these two excepted, having at least forty daies between the Teste, and daies of appearance, that so the Members might have competent time to prepare themselves to repair to Parliaments and Great Councils after their Summons and Elections.

12. That in ancient times our Parliaments and Great Councils were more frequently summoned to meet and iiSee p, 7, 10, 11, 15, 16, 17, 18, 19, 21, 24, 27, 30, 63, 64, 162, 164, 168, 169, 171. 343, 348, &c.appear on the Lords Day, than on any other day of the week; which abuse in succeeding times was reformed and quite discontinued even in times of Popery, as well as since the reformation of Religion.

13. That our Kings upon extraordinary publick dangers, and other occasions, may summon Parliaments, Great Councils, Convocations as often as they think meet: That they were anciently summoned once or twice every year at least (and some times thrice, four or five times in one year) according to the ancient Constitution in the.uuBeda Eccles. Hist. l. 4. c 5. Spelmanni Concil. p. 153. Council at Hereford, Anno 673. Can. 7. The Law ofxxHorne… Myrrour. p. 1. Cooks 1. Instit. f. 110. …. King Alfred, Rotul. Ordinationum, 5 E. 2. n. 31. 4 E. 3. c. 14. Rot. Parl. n. 14. 36. E. 3. cap. 10. 50. E. 3. Rot. Parl. n. 181. 1 R. 2. rot. Parl. n. 95. 2. R. 2. rot. Parl. n. 4. 5. & 16 Carol. cap. 1.

14. That the more weighty, difficult, pressing, urgent the occasions and dangers were of summoning Parliaments the yySee p. 13, 14, 19, 21, 27, 28, 44, 177.more importunate, vehement, urgent, mandatory, minatory, and compulsary, were the expressions, mandates, clauses in the Writs of Summens for the Lords and Commons personal appearance and attendance, without admitting any excuses, or procurations, and not to depart from them without special licence.

15. That when any publick weighty businesses intended to be propounded, dispatched in one Parliament or Great Council, by reason of other businesses, or shortness of time, could not be propounded or concluded, therein; thereuponzzSee p. 27, 28, 29, 32, 41, 43, 177. another Parliament or Council was soon after called to dispatch it, the day and place whereof was sometimes appointed in and by the Parliament next preceding before its dissolution.

p. 43316. That though anciently before the word Parliamentum came in use among our Ancestors, Great Councils were the same in substance with Parliaments; yet since the summoning of Knights, Citizens, Bu… gesses and Barons of the Ports to Parliaments, and the insertion of Parliamentum, into the Writs of Summons and Statutes, you may ob…erve some differences aaSee p. 19, 20, …4, 30, 38, 39, 40, 4…, 48, 52, 57, 62, 63, 174, 187, to 192.between Parliaments and Councils, and the Writs of Summons to them, which are frequently distinguished in the margin of the Clause Rolls; by this different entry; Summunitio Parliamenti, De veniendo ad Parliamentum, &c. & Summonitio Concllil, de veniendo ad Concilium, &c. The principal differences between them are these.

1. That many Bishops, Abbots and Nobles are usually omitted in the Summons to Councils, which were usually summoned to Parliaments, and seldome omitted in the summons to them, unless absent in forraign parts.

2. That many persons were summoned to Councils, which wee never finde summoned to Parliaments.

3. That there is no Clause of Praemunientes in the Writs of Summons to Councils issued to Archbishops, and Bishops, to summon their Chapters, Deans, Archdeacons, and Clergy of their Diocess; as there is usually in their Writs of Summons to Parliaments.

4. That Writs of Summons to Councils, issued to the Lords & Great men are seldome accompanied with any Writs of Election for Knights, Citizens, Burgesses and Barons of Ports issued to Sheriffs, or the Warden of the Cinqueports; as Writs of Summons to Parliaments are; and if any Knights, Citizens or Burgesses be summoned to them, it is in a different manner and number, than when they were summoned to Parliaments.

5. Writs of Summons to Parliaments are usually accompanied with Writs of Summons to the Kings Counsils, but those to Councils are never attended with such Writs, distinct from those issued to the spiritual and temporal Lords, as Writs of p. 434Summons to Parliaments are. Which differences some injudicious Writers and Antiquaries not observing; have both confounded those Writs together as one, and mistaken one of them frequently for the other.

17. That the principal end,bbSee p. 11, 12, 13, 29, 45, 48, 49, 53, 54, 56, 59, 63, 64, 67, 74, 88, 93. Ho…ns Myrrour, ch. 5. sect 11. p. 282. scope of summoning Parliaments ought to be the common benefit, ease, profit, welfare of the people, the execution, promotion of publick Justice, the Peace and good Government of the Realm, the reformation of all publick grievances, and oppressions, the enacting of wholesome Laws, the maintenance of the Great Charters and Liberties of the people, and freeing them from all unjust exactions, impositions, taxes, not granted by Parliament, nor warranted by Law; the necessary defence of the Realm by common consent against forraign enemies; and not to exact and impose unnecessary, insupportable, excessive, endless Aids and Taxes on the people.

18. That no publick war ought to be undertaken,ccSee p. 6, 7, 8, 12. 17, 45, 46, 6…, 68, 70. 71, 72, 73, 74, 76, 77, 131, to …24, 232, 233, 234. nor no Aids, Taxes, Imposts, Customes or Tallages imposed on, or exacted, levyed on the people by our Kings, or any other, but onelyonly by common consent, and Grant of the Lords and Commons in a full and free Parliament, though it be for the necessary defence of the Kingdome by Land or Sea, the defence or regaining of the Lands and Rights of the Crown in forraign parts; and that onelyonly in moderate and just proportions, granted onelyonly for a short season, and leavyed in a legal manner. Nor no mens Rights precluded or forejudged in Parliament by any general Act, before they bee heard. Nor the Clergy taxed by the Lords and Commons, but onelyonly by themselves in their convocations.

19. That the Writs of Summons to Parliaments enjoyning all the temporal Earls, Peers, Lords, and Barons of the Realm, and commanding them upon and in the Love, Faith, Homage, Allegiance they owe unto the King, to appear in proper person in their Parliaments, and that with a Quanunque excusation… cessant…; … p. 435& salvationem Regni nostri & Ecclesiae Anglicanae & expeditionem dictorum negotiorum diligitis, Nullatenus omittatis, &c. as the Writs enjoyn them. And the Writs de**23 H. 6. c. 12. 6. H. 8. c. 16. Register… 192 Cooks 4. Instit. p. 46. 1 H. 5. Rot. Parl. n. 26. Expensis Militum, & Burgensium levandis (issued only after each Parliament ended, not before) allowing every Knight, Citizen, Burgesse, and Baron of the Ports his wages, In Ueniendo, Morando, et Redeundo; both in coming to, continuing at, and returning from the Parliament when dissolved; (forfeited by his departure thence without special license:) It must needs be the highest contempt against the Kings authority, the greatest injury, affront to the persons summoned, and those for whom they serve as Trustees or Attornies, the most audacious, apparent violation of the Priviledges and Freedome of Parliaments, for any person or persons whatsoever, by meer armed force, or other Machiavillian practises, to suspend or seclude any Lord, or other Member duly summoned, elected, retorned from sitting, voting, and discharging his trust in the Parliament House: Which the King and all his loyal subjects are bound in publick Justice carefully to prevent; as is evident not only by the forecited passages and Records, (p. 27. 28 177. 219. to 222.) but by these two memorable Writs and Patents purposely issued for this purpose, in the case of the Archbishop of York.

There happeningaaMat. Farker. Antiq. Eccles. Brit. tan. p. 113. 114. 124. 125… 198. 333. Godwins Catalogue of Bishops in Canterbury and York. many differences between the Archbishops of Canterbury and York in former times, about carrying up their Crosses before them in one anothers Provinces, when summoned to Councils and Parliaments, to the great disturbance of the publick peace and proceedings in Parliament, oft interrupted, prorogued, adjourned by this meanes, and their absenting themselves from them, when summond out of their own Provinces, the Parliament at York (as some others before it) being adjourned upon this occasion. Anno. 6. E. 3. as the Writ of Prorogation to the Archbishop of Canterbury, Claus. 6. E. 3. m. 4. dorso recites; hereupon p. 436the King to prevent the like inconveniencies and Archbishops absence, issued this special writ to the Archbishop of Canterbury, not to prejudice or interrupt the Archbishop of York or his servants, for carrying his Crosse before him within his Province, nor to enforce them to lay it down in coming to, continuing at, and returning from this Parliament at Westminster to which he was summoned.

bbClaus. 6. E. 3. m. 13. dorso.Rex Venerabili in Christo Patri eadem gratia Archiepiscopo Cantuariensi, totius Angliae Primati, Salutem. Cum dudum tempore celebris memoriae Domini Edwardi nuper Regis Angliae patris nostri, inter tunc Archiepiscopum Cantuar. praedecessorem vestrum, & Venerabilem Patrem Willielmum Archiepiscopum Ebor-Angliae Primatem, pro malis & dissens…onibus quae saepius ex bajulatione Crucis Praedecessorum vestrorum in Eboracensi Provincia, & Cruci… Archiepiscoporum Eborum, in Provincia Cantuariensi oriebantur, sedandis & pacificandis, fuisset in praesentia ipsius Pa…ris nostri & Praelatorum & aliorum Magnatum de Regno nostro plurimorum, ut pro certo dedicimus, ordinatum; Quod praefatus Praedecessor vester & successores sui ad Parliamenta & Tractatus dicti Patris nostri & Haeredum suorum quae infra dictam Ebor. Provinciam teneri contigerint, & praefatus Eboracensis Archiepiscopus & ipsius successores ad hujusmodi Parliamenta & Tractatus infra dictam Camuar. Provinciam tenenda, ad mandatum ipsius Patris nostri & haeredum suorum venientes Cruces suas ante se erectas portarent absque perturbatione inibi facienda, NE REGIA ET COMMUNIA REGNI N. GOTIA EA OCCASIONE IMPEDIENTUR: ac praefatus Archiepiscopus Eborum ad Parliamentum nostrum quod apud Westmon. in crastino Nativitatis Mariae Virginis prox. futur. tenere ordinavimus, ad tractandum Nobiscum, ac cum Praelatis & Magnatibus Regni nostri super diversis & arduis negotiis Nos & Statum Regni nostri contingentibus, jam de mandato nostro sit venturus: Nos nolentes nostra & Regni nostri negotia occasione dissensionum hujusmodi p. 437aliqualiter retardari, sed volentes concordiam praedictam quantum ad Nos attinet firmiter observari; Vobis injungendo mandamu…, quod eidem Archiepiscopo Eborum seu hominibus suis super bajulatione Crucis ejusdem Archiepiscopi ante se infra vestram Provinciam in veniendo ad dictum Parliamentum, ibidem moran do & exinde ad propria redeundo, non inferatis, seuper alios inferri vel procurari aliqualiter faciatis dampnum, vituperium, impedimentum aliquod, seu gravamen, contra formam concordiae memoratae. Teste Rege apud Kyderminster. xviil, die Augusti, Anno Regni sui sexio.

And lest any others by the Archbishop of Canterburies instigation, and menaces of excommunication should instigate any Officers or others (as hisccAutiquitates Eccles. Brit. p. 1…8. 333. Predecessors had done) to interrupt the Archbishop of York or his servants, and deny them meat, drink or lodging for their monies, for carrying his Crosse erected before him within the Province of Canterbury, the King directed this special Inhibition and Mandate to them, of the same tenour and date with the Writ to the Archbishop by these Letters Patents.

ddPatent. An. 6. E. 3. part. 2. m. 15.Rex, Vicecomitibus, Majoribus, Ballivis, & omnibus aliis fidelibus suis tam infra libertates quam extra ad quos &c. salutem. Cum Venerabilis Pater Willielmus Archiepiscopus Ebor. Angliae Primas, ad Parliamentum nostrum quod apud Westm. in crastino Nativitatis beatae Mariae Virginis prox. futur. tenere ordinavimus de mandato nostro sit venturus, Vobis mandumus, quod eid…m Archiepiscopo aut hominibus suis in personis aut rebus eorum super bajulatione Crucis ipsius Archiepiscopi ante se in veniendo ad dictum Parliamentum nostrum, ibidem morando, & exinde ad propria redeundo non inferatis, seu quantum in vobis est ab aliis inferri permittatis dampnum, impedimentum aliquod, seu gravamen, sed eis potius salvum & securum conductum cum per destrictum vestrorum local transitum fecerint, suis sumptibus habere faciatis, quotiens & quando per ipsos, seu eorum aliquo… p. 438super hoc ex parte nostra fueritis requisiti. In cujus rei &c. (has literas fieri fecimus Patentes) usque ad festum Omnium Sanctorum prox. futur. duraturas. Teste Rege apud Kyderminster. 18. die Augusti, Anno Regni sui sexto. Per Breve de Privato Sigillo.

If our Kings had then so great a care, that neither of these two Prelates, nor their successors, nor any other of his officers or subjects by their instigation, should interrupt or disturbe each other about this great controversie of Crosse-bearing within each others Province, in coming to, residing at, or returning to any Parliaments to which our Kings and their heires should legally summon them; nor seclude each other from sitting in them upon any pretence or difference between them; Then by the self same reason, all other lawfull Members both of the Lords and Commons House, ought to enjoy the self same Protection, Priviledge, Freedome, immunity, and no wayes to be interrupted, molested, disturbed by any other Officers, Subjects, Persons or Members whatsoever from freely repairing to, residing in, or returning from our Parliaments; much lesse to be forcibly secluded out of them by armed guards, new oaths, or popular tumults; Neither may, can, ought the House of Commons alone, nor any prevailing party in it, to exclude, eject any duly elected, returned Member, once admitted, without any Legall accusation, tryal, cause at all; nor yet for betraying of his trust, or misdemeaning himself as a Member after his election, nor for any real offence as a Member, without and against the Kings and Lords concurrent Judgments and assents, (in whom alone the power of Iudicature resides in such as well as in all other causes, as I haveeeMy Plea for the Lords, p. 371. to 419. elsewhere evidenced by unanswerable Presidents and the rules of right reason) he being summoned only by the Kings Writ and authority, impowred, trusted by his electors only, as their peculiar Trustee, Atturney (not his fellow Knights, Citizens, Burgesses) to do and assent to such things as shall be ordained p. 439by the King, Nobles and Common Counsell of the Realme, touching the weighty publike affairs of the King and Kingdoms, and obliged antiently by Manucaptors, and since by their Indentures of retorn, **See Cooks 4. Instit. p. 15. to 21. 5 R. 2. S…at. 2. c. 4. My Plea for the Lords, p. 29. 9. H. 8. c. 16.and our Laws, not to depart from the Parliament, without the Kings special license, under pein of his indignation, and other penalties: Therefore no more to be suspended, secluded, ejected, imprisoned by his fellow-Commoners, without the Kings and Lords concurrent Judgements and Assents, than one Judge or Justice on the Bench can unjustice, unjudge, uncommission another; one Trustee, Executor or Attorny discharge his fellow Trustees, Executors, Attornies of their trusts; one Grand-Jury man thrust another out of the panell without the Judges consent; or one Common Counsel man of a City, or Livery man of a CompanyffJames Baggs case, Cooks 11 Reports, f. 93. t… 100. disfranchise and discommon another, without the consent or judgement of the Mayor and Aldermen of the City, or Master and Wardens of the Company whereof they are Members; Whatever exorbitant irregular practices have of late times been usurped by, or presidents made in the Commons House to the contrarie, almost to the total, if not final subversion of all future Parliaments and their privileges; It being aggBracton, l. 5. c. 5. f 412. See my Ardua Regni. Maxim in Law and Reason; Par in parem nonhabet Imperium, multo minus Superioritatem, especially in the Kings own Parliament, and Supreme Court of Justice, whereinhhSee my Plea for the Lords. himself and his-Nobles only sit as supreme Iudges, not the Commons, as a distinct Court and independent Judicature of themselves, as some would fancy them in their Utopian brains and practises; much less can they …e…ude, vote down any Members of the House of Peers, or the whole antient House of Lords, or dishinherit them of their Birthrights, as some furious Bedlam Members of a dismembred, dissolved House of Commons have most insolently and injuriously, without hearing, trial, (against their own Acts, Declarations, Protestations, Vowes, Covenants, Commissions, Trusts,) attempted p. 440to intrude themselves into their places and Tribunals, and make themselves more than Lords and Caesars, not only over their Fellow-Commoners, but our Kings, Peers, Parliaments and Kingdomes, which they have trampled under their Papall feet, and metamorphosed at their pleasures, into sundry mishapen, mutable, unsetled new models, to our apparent approaching ruine, if God of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations.

20. That if the forcible seclusion or disturbance of any Lord, or Member of the Lords House duly summoned, who ought of right to sit, vote in the Lords House, be so great a breach of Priviledge, Injury, as I have evidenced, then the forcible suppression, seclusion of all the ancient Peers and House of Lords, by any real or pretended Members of the late House of Commons, contrary to the expresse Clauses, Formes of all ancient Writs, and the very writs in 16. Caroli, without any legal jurisdiction, hearing, triall, must needs be a greater breach of trust, Priviledge, Injustice in them, fit to be redressed for the future peace, Justice, settlement of our distracted Nations, and restoring our Parliaments to their pristine Splendour, Honour, ends, uses, for the redressing of all publick Grievances.

If any Republicans,Objection. Army Officers, New Grandees, or others, here object, as some now do; That it will be both perillous and inconvenient to the Subjects, the House of Commons and its Members, to restore the ancient Lords and House of Peers to their pristine Rights, Priviledges, Jurisdiction, Judicature over them, in that latitude I have asserted, evidenced it by Histories and Records in my Plea for them, without prescribing some new just bounds and regulations unto them by the Commons House.

I answer.Answer. 1. That the Lords being the only original ancient Members of our Great Councils, Parliaments, many hundreds of years before any Knights, Citizens, p. 441Burgesses, or House of Commons were called, admitted to them by the King and House of Lords, and receiving no power, Judicature or Jurisdiction at all from the Commons, but what they have of right enjoyed, exercised in all precedent ages, without the least complaint, opposition or contradiction of the Commons in any former Parliaments before 17. Caroli; The Commons have no more authority, right, reason, …urisdiction to limit, or restrain this their ancient right, Judicature, Priviledge (much lesse to abrogate) then the Grand or Petty Jury have to limit, regulate the Judges or Justices Commissions, Authority on the Bench; or the Tenants the Jurisdiction of their Lords Courts, or every Committee of the Commons House, the Excesses of the House it self; or the Unparliamentary Iuncto, which voted them down and engaged against them, without the least colour of Jurisdiction, Law, reason, hearing, impeachment, triall, had to usurp such a transcendent power over them, not to be paralelld in any age, nor now approved by assenting to it.

2ly. That the old Lords and House of Peers in no cases ever exercised such an exorbitant, arbitrary, tyrannicall Jurisdiction, Illegall power in all kinds, as the Commons House, and every of their Committees and Sub-Committees of Examinations, Sequestrations, Compositions, Sale of Delinquents estates, Crown Lands, Obstructions, Appeales, Scandalous Ministers, and High Courts of Iustice have done, without the least Report to the House it self of their proceedings, both over the King and his Posteritie; the Peers of the Realme, their fellow Members, (secluded, secured, imprisoned, close imprisoned, ejected, exiled by them without any cause or hearing at all) and their fellow Commoners of all sorts**Exact Collection, p. 321. deprived of their Inheritances, Estates, Offices, Liberties, Callings, Lives, and the benefit of the Lawes themselves, for not taking their new Oathes and Engagements, contrary to Law, and their former legall Oathes, Leagues and p. 442Solemn Covenant and Protestation, w…hout a legal Indictment, or trial by a Jurie of their equalls, or witnesses viva voce upon Oath, since their slighting, suppressing of the old House of Lords; who should have restrained, reformed these their unparallelld extravagancies, which I could prove by hundreds of sad Instances, and have briefly hinted in my …lea for the old Lords, page 413. to 419. For which very reason they ought now to be restored;**Exact Collection, p. 321. being an excellent Bank and Screen between the Prince and People, to assist each against any encroachments on the other, and by just judgements to preserve that Law, which ought to be the Rule between every one of the three, and trusted with a Iudicatory power to this very end.

3ly. Some of those very Members of the late Commons House, Army, and Whitehall, who would disseise them of their House, Privileges, Birthrights, and antient Iurisdiction, before they took upon them the Title of Lords, or of the House of Lords, as pretended Members of the Commons House, a little before and since their votes against the old House of Lords; as Committees of that House; or Commissioners in their new …rected High Courts of Iustice, Members of the Counsil of State at White-Hall, or Counsil of Army-Officers; or Major Generals, and Deputy Major Generals, have acted a thousand, times more exorbitantly, arbitrarily, tyrannically to the subversion of the Fundamental Laws, Liberties, properties, Government, Justice of the Nation, oppressing, improverishing, vexing, dishinheriting, destroying, enslaving of the Freemen of England, than ever any old Lords, or House of Lords, or Kings of England in Parliament heretofore did in any age whatsoever; Witness their usurpations of a more than absolute Parliamentarie power to themselves, by their own Votes, Or…ers, Declarations alone, to alter, new model (over and over) the whole frame of our Parliaments, Laws, and publike Government; their electing Knights, Citizens, Burgesses for what they stiled a Parliament, without p. 443the least privity or election of the people; their dissolving, & declaring the long Parliament to be dissolved, against an expresse Act of Parliament; their repealing many old Lawes, Acts, Oathes, enacting new Lawes contrary to them; creating New Treasons and misprision of Treasons; yea imposing heavy, excessive New Taxes, Customes, **See their Whitehall Ordinance of 24. Decemb. 17. March 1653. and May 4. Iune 8. 1654. The first part of my Seasonable Legall, Historicall Vindication. London. 1655 p 67. to 100. The Instructions to the Major Generalls; My Summary Collection of the Fundamental Rights Liberties, Properties of all English Freemen. p. 53. to 64.Excises of all sorts, on the three Nations, not only in their private Westminster conventions, but by their Armie and Whitehall Ordinances (amounting to a large Folio Volume) without any Parliament or legall Act of Parliament; ordering them to be levyed, by fines, forfeitures, sales of the refusers reall and personal es…ates, imprisonments, soldiers quartering, and the like; Injoysing All Courts of Iustice, Iudges, Iustices, Sheriffs, Officers of this Commonwealth, Counsellors, Attornies, and other Persons, to conform themselves accordingly without any opposition or dispute whatsoever; and committing their very Counsel to the Tower as Traytors or Grand Delinquents, only for arguing their Cases upon an Habeas Corpus in Westminster Hall, according to Law and their Duties; Their taking away the lives, liberties or estates, freeholds of thousands, without any legall Triall, or Indictment of their Peers; their banishing, confining, imprisoning, close imprisoning hundreds, yea thousands at a time, upon meer fears and jealousies; and binding them and all their servants in excessive bonds with sureties; their disfranchising Maiors, Bailiffs, Aldermen, others in corporations; enforcing divers to release their legall actions, Judgements, Executions, and committing them at their pleasures till they did it, against the expresse tenour not only of the Grand Charter, Petition of Right, and other. Acts, but the very letter of the late Act; For preventing of Inconveniences, happening by the long intermission of Parliaments, The Acts for the 3. first subsidies of Tonnage and Poundage; The Act for regulating the Privy Counsell, For declaring unlawfull and void the late proceedings touching p. 444Ship-mony, and other Acts passed by some of their own Votes, in the Parliament of 16. and 17. Caroli, of which, or the like exorbitances, no ancient Peers, or House of Lords, were ever yet guilty. And if some of those persons who would usurp, or abridg the old Lords power have been so arbitrarie & tyrannical in all kinds, before they claimed the Title of Lords, or House of Lords, how exorbitant, in all probability, are they likely to grow in a short time, (having Command in the Armie, and other Courts) if they should be established in their new Lordly Power, and the old House of Lords put by, who should correct, restrain these their unparalelld Excesses for the whole Nations ease and benefit.

4. If these new Peers, be in truth, Law, Herauldry, no true or real Lords, Barons, Peers of the Realm by their Writs of Summons, for the premised reasons (but **See p. 240.meerly imaginary, Titular and false ones, like those created by the usurper King Stephen;) then the House of Commons can neither in Law nor verity agree or assent to any thing that shall be ordained by them, according to the tenour of the Writs of Summons; nor establish any settlement that can be reputed legal or obligatory to Posteritie, in a Parliamentary Way, if the ancient reall Peers and legal House of Lords be set aside and disowned. And therefore they must of necessity own, close with them alone, and remit them to their old hereditary right, else they can never make nor expect any real lasting settlement of our distracted State and Government; and all they vote will quickly prove abortive, illegitimate; as the late New-models, Instruments, and Advices have done.

5ly. The setting aside the ancient Lords and House of Peers, and establishing their very Disseisors in their places, as the only future Lords and House of Peers: will both justifie all their recited Exorbitances, Excesses, Violences, & Tyrannical proceedings against the old Lords, their Fellow Commons, & others, (transcending Straffords, Caterburies and the worst old Counsel-Table p. 445Lords excesses by many degrees) & ratifie, yea reward, crown them with the highest publick Honour, Trust, Power they are capable of, even in Parliaments themselves. Which will not onlie probably excite, encourage others in succeeding times, to the like dangerous extravagancies, excesses, to the publick prejudice and desolation; but animate them, when setled in their new Lordly Authority, to pursue their former practises, and turn greater Tyrants, Oppressors in all kinds then formerly they have been, to the utter enslaving of our Nations, and embroyling them in new Tumults. Yea, how farre it may tend to the Total and Final suppression of the Commons House it self in succeeding times, is worthy sad and serious consideration. For if the Commons House shall not onlie silently connive at, but openly approve and assent to the dissolving, suppressing of the old Lords and their House, by pretext of former illegall, unrighteous Votes (aaEa quae contra leges siunt non solum inutilia, sed etiam pro infectis habenda sunt. Justin. Cod. l. 1. Tit. 22. Gratian, Caus. 25. qu. 2. meer nullities by all Lawes) made by a Fragment of a dissolved House of Commons, sitting under a force, not having the least Jurisdiction or power of Judicature over them, against all rules of Justice, the very fundamental Lawes of the Land, the undoubted Rights and Priviledges of Parliament, Prescription time out of mind, all old & late Acts, Records of Parl. their very Solemn League, Covenant, Protestation, and hundreds of late Declarations and Remonstrances to the contrary: They may justly fear, and well expect by way of divine and human retaliation, that their very New erected House of Lords when once established, having the power of Judicature (if not of the Army) in them, to preserve themselves from the like Usurpations of the Commons over them in after ages, will upon the first opportunity, Vote down (by this their president) the whole House of Commons, and quite suppresse it for the future, as Vselesse, dangerous, factious, Tumul…uous, seditious, arbitrary, Tyrannicall, oppressive to the people, degenerated from its ancient duty, bounds moderation; p. 446as not onlybbMr. John Rushworths Historical Collections, p. 43, 44, 47, 50, 51, 53, 57, 140, 151, 195, 360, 362, 365, 410, to 417, 643, 631, 672, &c. Appendix, p. 1, 2, &c. some of our late Kings, but of those new intended Lords have publickly branded, proclaimed it to be, in ccThe Declaration of the General Officers of the Army, 22 August 1653 p. 4, 5, 6. A true State of the Commonwealth of England, p. 2. to 14.late printed Declarations; and constitute all future Parliaments only of a House of Lords and Great men of the Realme, (assisted with the Counsell and Iustices) without any Knights, Citizens, Burgesses, Barons of Ports, or House of Commons, according to all ancient long continued Presidents in former ages, before 49. H. 3. when (for ought appeares) the Commons were first admitted, and called unto Parliaments out of meer grace by the Kings Writs: Or at least the disinherited ancient Nobility (in case they regain their pristine Rights of Session, Judicature in Parliament, without the Commons assistance, of which there is no absolute future improbability) may by way of Justice and retaliation, set the Commons House quite aside, for their late transcendent breaches, abuses of their Trusts towards them, in secluding, and voting them quite down, against their Writs, Indentures, Duties, Oathes; by which they have legally forfeited all their Priviledges and right of Parliamentary session, according to this received Maxime in all Lawes,ddGratian, Causa 25. qu. 2. f. 493. See Littleon, sect. 178. Cooks 1 Instit. f. 23. 11 Report, f. 98. 9 H 6. 55. Brook Officer 44, 48, 51. Here, p 450. Privilegium amittat qui improbabili temeritate quod non accepit usurpat; & sua authoritate non legitime utitur, sed abutitur potestate. Which weighty consideration (though seconded with none else) should engage all Commoners to pursue the golden rule, precept of Christ himself, as well in point of prudence, conscience, Justice, as morality towards the old Lords: Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you, do ye even so to them; for this is the Law and the Prophets: For with the same measure that ye meat withall, it shall be measured to you again, as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35, 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us, as well as late experiments.

21. That the first and principle things specified in the Writs of summons, as the prime ends for which p. 447Parliaments are summoned, is to debate and consult of quaedam specialia & ardua negotia Nos, et Statum regni nostri, et etiam Iura, Salvationem, et Defensionem Coronae nostrae Regiae (as well as Regni nostri et Ecclesie Anglicanae) specialiter & intime contingentib…s. And all Knights, Citizens, Burgesses, Barons of Ports elected, returned to serve in Parliament in the Commons House, receive plenam & sufficientem potestatem pro se, et Communitate Comitatuum, Civitatum, Burgorum et Portuum, from those Commonalties who elect them, only ad faciendum & consentiendum his quae tunc ibidem de communi Consilio Comitum, Baronum, or dicti Regni nostri contigerit ordinari super Negotiis antedictis, quod hoc breve, or, prout breve illud in se exigit & requirit; as the express words of the**See Retorna Brevium, Cromptons Jurisdict. of Courts, f. 2. Daltons Office of Sheriffs, & the Returns & Indentures in the Tower, & Rolls. Sheriffs returns and their Indentures evidence: Therefore their enacting any thing by themselves alone, without the Earls, Barons and Lords House; or Majoritie of their Fellow Commoners; or against their Counsell, Votes, advice, to the prejudice, destruction, subversion of the Kings Person, State, Kingdom, and the Prerogative, Rights of his Royal Crown and Dignity.▪ which they were purposely summoned by the King, and authorized, intrusted only by their Electors, Commonalties, people, to preserve, support, and defend; and to do and consent to nothing else inconsistent with, or repugnant to these ends; is the highest prevarication, treacherie, violation of their Trusts, Duties, that can possibly be imagined, deserving the most exemplarie punishments: And those Republicans who lately acted in this kind, to the destruction of the King, kingdom, the prerogatives, Rights of the Crown, Parliament, Lords and Monarchie of England, upon this pretext,**See their Declaration Votes of Jan. 2. Feb. 6. March 17. 19. 1648. The 2. Part of the History of Independency. that they were intrusted, impowred thus to doe by the people, and those who did elect them; are the most notorious Impostors, Prevaricators, Infringers, Peruerters, Falsifiers of their trusts and power in this kinde that ever England yet produced; as all the forecited Writs, compared with their p. 446duplicate page p. 447duplicate page p. 448their retorns, unanimously resolve, against their false absurd pretences to the contrarie, wherewith they have endeavoured to blinde and cheat the people; in whom they verbally voted, placed the Soveraign power, only by this forged, hypocritical pretext, actually to usurp, appropriate it to themselves, as their Trustees, and Representatives; presently thereupon in all their new published Knacks, Papers, intitling themselves alone, (not the people) the SUPREAM AUTHORITY OF THE NATION, making the people greater Slaves and Uassalls to them in respect of their Lawes, Lives, Members, Liberties, Freeholds, Franchises, Properties, Estates, than ever they were in any age, under Beheaded King Charles, or the worst of all our Kings and Lords; who never acted half so arbitrarily, tyrannically in everie kinde, as they, their**See A true State of the Commonwealth of England, p. 8. to 16. Committees, High Courts of Iustice, Counsils of State, Major Generals, Excise-men, and other Officers have done; since their late Exorbitant Anti-parliamentary Vsurpations, Innovations, Proceedings, under the disguise and Notion of the Parliament of England, without A KING, & HOUSE OF LORDS, or the secluded MAIORITY OF THE COMMONS HOUSE it self; the forced absence, seclusion of all and everie of which 3. made them no real Parliament at all, but an Anti-Parliamentary Conventicle, and all their mi…intitled Acts, Ordinances, meer Nullities both in Law and Conscience, fit to be enternally exploded by the whole English Nation, and all future new Parliaments, to prevent the like pernicious Extravagances in after ages, which have involved us in so manie various Miseries, Warrs, Perplexities, Fears, Dangers, Oppressions, Factions, Troubles, Changes, Unsettlements, and Confusions, which, without Gods insinite merciemercy, presage nought else but total and final Desolation both to our Church, State, and Nations.

Our**Dyer, f. 60. a. Cooks 4 Instit. p. 1. 3. Law-books resolve the Parliament to be a Corporation, consisting of the King as thief head, the Lords as the Superior, and the Commons as inferior Members, who ought mutually to preserve each others interests, and unite their counsells for the p. 449publike good, without any seisure or encroachment upon one another. For as there is nothing but giddiness, torture, distemper, consumption, restlesness, sickness, inactivity, maimedness, & confusion in the body natural, whiles the head, or chief joints, bones, parts of it are inverted, dislocated, fractured, severed, and kept out of joynt; and no other means left when thus distorted, to restore it to rest, health, soundness, activitie, and prevent its dissolution by death, but with all speed and cate to restore every Member, bone, joynt to its proper place, posture, office, and preserve them from subsequent dislocations and fractures. So it hath been and will be with this body Politick: It will never be reduced to its pristine health, soundness, vigor, use, ends; or become medicinal, to settle or advance the publike weal of the Nation, till all its dislocated broken Members be restored to their due places and power in it, without which it will soon come to utter desolation, as 1. Cor. 12. 12, to 31. Gal. 5. 15. Mat. 12. 25. Isa 19. 2. 14, 15. Prov. 30. 21. 22, will assure all carnal Politicians who think the contrarie,

22. That as it was the prudence, policie, justice of our Parliaments, Nobles, Great men in former ages, not to vote, conclude, or enact any thing in Parliament, when any of their chief Members **See Here, p. 28, 29, 31, 41, 43, 177. My Plea for the Lords, p. 23. to 30. 49 to 55.were absent, or not summoned, or restrained from them, and to determine all Great Affairs in FULL PARLIAMENT: So it was also their special care to preserve the Jurisdiction of the Kings Courts of Common Law, as a chief right and flower of the Crown, and the antient Lawes and Customs of the Realm, against all incroachments upon them by Popes, Bishops, or anie others, as is evident bymm2… H. 3. c. 9. An Exact Abridgment of the Records in the Tower, 1. Table, Law, Old and Common Law. sundry instances elsewhere cited; and by this memorable Writ of Prohibition, isiued in King. H. 3 his name, on the behalf of the Nobles of England to the Bishop of Durbam; Proving the interpretation of the Laws and Customs of the Realm, (in anie doubtfull cases of publike concernment) to belong only to the King and his Nobles, (nnSee Here, p. 366. to 394. assisted with the Iudges and Counsil) not to the Clergy, Commons, or anie other person or persons.

**Claus. 43, H. 3. 4. dorso.R…x Waltero Episcopo Dunolm: salutem. Cum secundum Leges et Consuetudines regni nostri, quae…tio p. 450de Jure Patronatus Ecclesiarum Regni ejusdem, adjus & dignitatem Coronae nostrae pertineat, et de soro nostro, vel eorum qui Regalia jura de nostravel Praedecessorum nostrorum largitione susceperunt, de plano existunt. Ac de COMMUNI CONSILIO PROCERUM NOSTRORUM DUXIMUS PROVIDENDUM ET FIRMITER STATUENDUM, ut leges …t consuetudines Regni nostri super hiis et aliis, ab omnibus observentur qui concessis fibi regalibus, et aliis Libertatibus gaudent, vel de unitate ac pace nostra et regni nostri censeri voluerint. Cumque interpraetationes Legum et Consuetudinum praedictarum AD NOS ET PROCERES NOSTROS PERTINEANT, NEC AD ALIVM VEL ALIOS ipsas leges vel consuetudines declarare vel interpretari possit aut debeat pertinere: Vobis DE CONSILIO PROCERVM NOSTRORVM PROHIBEMVS, ne …icut usum Regalium libertatum quas vos habere praetenditis gaudere volueritis, alicui interpraetationi per quemcunque alium factae vel faciendae innitamini, vel aliquid per eam fieri procuretis, vel fieri pronunciatis, contra leges et consuetudines in regno nostro usitatas, et hactenus observatas. Maxime cum secundum leges et consu…tudines supradictas judicari debeat ad quos vel quem, et per cujusmodi assignationes seu concessiones debeat jus Patronatus cum Maneriis vel Feodalibus in Regno nostro, ad alios transire. Quod si super re praedicta aliter fieri seu judicari contigerit, ipsas libertates regales praenotatas ad Nos per vestrum abusum censemus devolvendas. Teste Rege apud Westin. 11. die Septembris. Per Comitem Gloucestriae, & Hug. le Bigod Justic. Angliae, EX PARTE MAGNATUM.

What else is worthie Observation, from or concerning these, or other Parliamentarie Writs, I shall adjourn to the succeeding Parts of this Register, Kalendar and Survey; till whose publications,

**Horatius, … p. 200.Dimidium facti qui benè caepit, habet.

FINIS.

End of the text · William Prynne, A Brief Register Calendar Part 1 (1659)