A Brief Register Part 2, Part 2 · Section 4 · Subsection 2 – Subsection 3
Consimilia Brevia diriguntur omnibus Vicecomitibus Angliae.
These Writs, though at first view they look like Writs for electing Knights of Shires to a Parliamentary Council, yet in truth they are no such Writs, but onelyonly command the Sheriffs to cause two Knights to be elected in every County by the Counties themselves, in their steads to appear before the Kings Counsel (not Parl.) at Westminster on Quindena Pasche following, to inform the Counsel, what voluntary ayde each particular County would grant the King in his great necessity, towards the Defence of Gascoigne against the intended invasion of the King of Castell. Which Nece…ity and Business, the Sheriffs themselves were commanded diligently to declare to the elected Knights and others of the County, and effectually to induce them to grant the King a present competent ayde; So as the Knights of each County might answer, upon their appearance before the Kings Counsil at the day prefixed, what they would doe concerning this ayde thus required of them. This appears 1. By that very Clause of these Writs, which is most pertinent; which requires not the Sheriffs to elect two Knights to come to any Great Council or Parliament, there to advise and consult together touching the granting of a Subsidie or ayde to the King, but only 2ly. By the very Prologue of the Writ, which recites, That the Earls, Barons, and the rest of the Great men of the Realm had firmly promised the King to be at London 3. weeks after Easter with their horses and arms: not to hold a Parliament or Great Council, but to march from thence to Portsmouth without any delay, and to cross the Seas to the King in Gascoigne, to ayd him against the King of Castell: and that he should distrain all who held 20 l. lands a year of the King in Capite, or of any of his Wards within their respective Counties, to accompany the Lords and Great men in this Expedition. And thereupon it requires a voluntarie ayde of the rest of the Freeholders and Inhabitants in each County towards this expedition, in manner aforsaid, for which end they were to elect 2 knights in each County to appear before the Kings Privy Counsil, not the Earls, Barons, and other Great men of the Realm, 15 dayes after Easter, a week before the Nobles and Great men appointed to meet. 3ly. By the whole frame of the Writ, differing much from the Writs of Summons here ensuing; and commanding the Sherifs to levy and pay in all the Kings debts under strictest penalties into his Exchequer by a certain day, which no other Writ of Summons to Parliament doth. 4ly. By comparing it with a like Writ to both the Archbishops, and all Bishops of Engl. (forecited, Part 1. p. 4, 5.) to summon all their Chapters, Archdeacons, Clergy, and other Religious persons before them in their respective Diocesses, and to excite them to a free and liberal contribution of an ayde to the King upon the same necessity and occasion; whereof they were to certifie the Kings Counsil by certain discreet men …hosen by them, at the same time as the Knights of Counties were, both which Writs are entred together in the same membrana, differ but two dayes in their date, and fully explain each other. 5ly, By parallelling it with this writ in Claus. 19 H. 3. m. 8. dorso.
Rex Vic. Sussex salutem. Scias quod Archiepiscopi, Episcopi, Abbates, Priores, Comites, Barones, & omnes alii de Regno nostro Angliae qui de Nobis tenent in Capite, spontanea voluntate sua et sine consuetudine Concesserunt Nobis efficax Auxilium, ad magna negotia nostra expedienda: unde provisum est De Constlio illorum, quod habeant de singulis feodis Militum Ward. quae de Nobis tenent in Capite duas Marcas, ad praedictum Auxilium Nobis faciendum, et unde providerint reddere Nobis unam medietatem ante festum Sancti Michaelis, Anno regni nostri 19. & aliam medietatem ad Pasch. Anno regni nostri 20. Ideo tibi praecipimus, quod ad mandatum Venerabilis Patris R. Cicestr. Episcopi Cancellarii nostri sine dilatione distringas omnes Milites et liberè tenentes qui de eo tenent per Servicium Militare, in Balliva tua, ad reddendum ei de singulis feodis & Wardis duas Marcas, ad praedictum Auxilium Nobis per manum suam reddendum in terminis praedictis.
Sic scribitur pro aliis Episcopis, Abbatibus, Prioribus, et Magnatibus; to the number of 23. And dors. 6. of the former Roll, there is the like Writ for other Temporal Barons.
By which it is apparent, that in this Kings reign, as well as in succeeding ages, all Publike Aydes granted in Parliamentarie Councils, were granted by the common consent of the Archbishops, Bishops, Abbots, Priors, Earls, Barons, and others who held of the King in Capite; by Act of Parliament, according to the forecited Clause of the Great Charter of King John, and the subsequent Statutes of 25 E. 1. c. 5, 6. De Tallagio non concedendo, 14 E. 3. c. 21. & Stat. 2. c. 1. the Petition of Right, 3 Caroli, and other Acts; Therefore this Ayde which these Knights were chosen and summoned to grant for their respective Counties, without the Archbishops, Bishops, Abbots, Priors, Earls, Barons and Great men of the Realm, or without any Citizens or Burgesses summoned together with them, was doubtless no Parliamentary Ayde, but a voluntarie free Contribution of their own, without common consent in Parliament; and so this Writ no Writ of Summons or election to a Parliament, though not impertinent to my Theam, and worthy observation.
The 4th sort of Writs I have found in my search which have any Analogie to a Summons of Knights to a Parliamentary Council, is this memorable Writ of Claus. 45 H. 3 …m 6. dorso, not taken notice of by others.
Rex Vic. Norff. & Suff. salutem. Cum ex parte Episcopi Wigorn, Comitem Leic. et Glouo. ac quorundam aliorum Procerum Regni nostri, vocati sunt tres Milites de singulis Comitatibus nostris, quod sint coram ipsis ad Sanctum Albanum in instanti festo Sancti Matthaei Apostoll, secum Tractaturi super communibus Negotiis Regni Nostri. Et Nos & praedicti Proceres nostri in eundem diem apud Windesore convenimus ad Tractandum de Pace inter Nos et ipsos. Tibi praecipimus quod illis Militlbus de Balliva tua qui vocati sunt coram ets ad diem praedictum, firmiter *injungetis.injungentes ex parte nostra; ut omni occasione postposita, ad Nos die praedicto veniant apud Windesore, et eis etiam districte inhibeas, ne dicto die, alibi quam ad Nos accedant; sed eos modis omnibus venire fac. coram Nobis ad diem praedict. Nobiscum super praemissis Colloquium habituros, ut ipsi per effectum operis videant et intelligant, quod nihil attemptare proponimus, nisi quod honori atque utilitati Regni nostri (tendere) noverimus, querere. T. Rege apud Windesor. xi. die Septemb.