A Brief Register Part 2, Part 2 · Section 4 · Subsection 16
Consimiles literae diriguntur singulis Vic. & Coronatoribus et Communitatibus singulorum Comitat. per Angliam.
Claus. 28 E. 1. d. 7. Rex Vic. Nortbt. salutem. Quia De eligendo alium Militem,Philippus de Geyton unus illorum de Balliva tua quos nuper de speciali praecepto nostro de tuo et Coronatorum ac Communitatis Comitatus praedicti communi assensu eligi, et usque Eborum in Crastino Ascenfionis Domini venire fecisti, ad facienda et exequenda ea quae eis ibidem injungerentur ex parte nostra *See Mat. Parisiensis Additamenta, p. 215. such a kinde of Writ as this, Anno 42 H. 3.pro obserbatione magnae Cartae de Libertatibus Angliae et Cartae similiter de Foresta, electus est in Com. Warr. & per Nos una cum quibusdam aliis fidelibus nostris de eodem Com. assignatus ad Transgressiones quas contra tenores praedictarum Cartarum ibidem fieri contingat, audiend. et terminand. per quod ad praemissa facienda in Com. tuo prout erat electus, nequit intendere quoquo modo: Tibi praecipimus, quod loco ipfius Philippi de assensu Coronatorum et Communitatis Comitatus tui praedicti; eligi facias unum alium de probioribus, legalioribus et discretioribus ejusdem Comitatus, qui ad hoc in eodem Com. tuo una cum ipsis ad hoc ibidem electis, et coram nobis juratis intendat, juxta formam potestatis ipsis electis, et sibi per Nos tradendae. Et cum eum fic eligi feceris Nobis de ipsius nomine constare facias sine mora, ut tunc dictis electis et sibi literas nostras Patentes de potestate sua in hac parte fieri faciamus. Teste Rege apud Sanctum Edmundum 10 die Ju.
In and from the former Writs, and their various returns, there are sundry things very observable, which I shall note before I pass to the next ensuing.
1. The occasion of these Writs and last Parliament; wit, the examination, confirmation and establishment of the New Perambulation of the Forests then made and returned to the King by the Commissioners specially appointed thereunto for the Common profit of the people of the Realm, upon the Lords and Commons earnest requests in former Parliaments; as you may read at large in Thomas Walsingham, Hist. Angliae, p. 35. 37, 38, 42, 44, 48. Ypodigm. Neustriae, p. 84, 85, 86, 87, 88. Mat. Westm. Ann. 1297, 1299. My Plea for the Lords. p. 98. to 104. Claus. 28 E. 1. d. 13. and Claus. 9 E. 2. d. 6. Schedula.
2. The excellent principle of right and justice comprised in them; That Perambulations of Forests, though made and returned by speciall Commissioners appointed by the King and Parliament, ought not to be ratified as binding, till the reasons, exceptions, and complaints of all persons concerned therein were publikely heard and descided before the Lords in Parliament; and they publikely summoned by Proclamations in each County, to propound their exceptions and reasons against them, if they had any. Which rule ought to be still observed in all other like publike cases, both in and out of Parliaments.
3. The special command and limitation of the King in and by these writs, commanding all Sheriffes throughout England, to summon to this New Parliament at Lincolne, no new elected Knights, Citizens, or Burgesses, except only in the places of such who were dead, sick, or unable to com to it; but only those Knights, Citizens and Burgesses who were elected and sent to the last Parliament before it, by the Kings precept. Which was accordingly executed, as appears by the Sheriffs returns.
4. A Resolution and Declaration of the King himself by special writs out of Parliament, without the petition, vote, or privity of the Commons themselves; That if any Knights of Shires, Citizens or Burgesses elected and returned to Parliament be sick, or unable to serve and discharge their duties; the *See my Plea for the Lords, p. 389, 390, 391.King himself may by general or special writs, command, other fitting persons to be elected and sent to Parliament in their places; as well as when they are actually dead: which was accordingly practised this year, as the Sheriffs returns attest: And since that resolved and practised in the Parliament Anno 38 H. 8. Brooke Parliament 7. and Cromptons Jurisdiction of Courts, f. 16. against the erronious opinion of Sir Edward Cooke to the contrary, 4 Instit: p. 8. And one Knight is discharged because made a Sheriff, and another chosen in his place.
5. That all Knights, Citizens and Burgesses elected and sent to Parliaments, ought to have full and sufficient power and commission for themselves and the several Comminalties of the Counties, Cities, Boroughs for which they serve, to hear, do and consent to such things as shall happen to be ordained by common advice and counsel in those Parliaments; which ought to be comprised in the returns of their elections.
6. That all old and new Knights, Citizens and Burgesses elected for this Parliament, were enforced to put in Manucaptors to appear at the day prefixed, who are expressed in all the Sheriffs returns.
7. That these old Knights, Citizens and Burgesses, summoned to this new Parliament, are by a special Clause in the writ of Summons it self, ordered to receive their reasonable expences in coming to, abiding at, and returning from the Parliament, from the Commonalties of the Counties, Cities and Burroughs, for which they served: for which they usually had special writs only at the conclusions of Parliaments; there being no such clause in any writ of Summons I have seen, but thi… alone. That no Sheriffs in their returns make any mention what they had done touching the levying of their wages, but the Sheriff of Gl… cester only: Of which more in its proper place.
8. That the Sheriffs of those Counties wherein there were Forests, had one Clause in their writs, to make publike proclamation in their Counties, that all such who had lands or tenements within the bounds of any Forest, should appear before the King in Parliament, to sh…w their reasons and exceptions against the perambulation, if they had any: which was accordingly executed by such Sheriffs; which Clause was totally omitted out of the Writs to those Sheriffs within whose Counties there were no Forests.
9. That there is no mention of any writs of Summons in this Roll issued to the Warden of the Cinqueports, to summon and elect any Barons of those Ports to come to this, nor to the two precedent Parliaments.
10. That though there is special mention made in the writs to the Clergie of the Kings Counsil, and other Assistants summoned to this Parliament at Lincoln, of a Conference and Treaty to be had in this Parliament at Lincoln, concerning the right and dominion of the King and his Ancestors, Kings of England, to and over the Realm of Scotland; yet there is no recital of it in these writs to the Sheriffs, nor in those to the Spiritual and Temporal Lords.
There were two special writs more issued to the two Justices of the Forests, beyond and on this side Trent, to summon all the Foresters under them to this Parliament: Of which in its proper Section in due time.
I find no more Bundles of Writs for elections issued to Sheriffes now extant in the Tower during the reign of Edward the 1. only the transcripts of some of them are in the Clause Rolls ensuing.
The next writ of this nature, is that of Clause 30 E. 1. dorse. 9.
Rex Vic. Ebor. salutem. Quia super diversis, & arduis negotiis Nos et Statum Regni nostri, ac pro commodo & securitate ejusdem Regni Parliamentum in prox: festo Sancti Michis. London duximus statuend. Tibi praecipimus firmiter injungentes, quod de Com. praedicto duos Milites, et de qualibet Civitate duos Cives, et de quolibet Burgo duos Burgenses de discretioribus ipsius Comitatus sine dilationeeligi, et ad Nos venire faciatis ad diem. et l…cum praedictos. Ita quod dicti Milites pro Communitate Com. praedicti, &c. tunc ibidem habeant sufficientem potestatem ad faciend. quod tunc de Communi consilio ordinabitur in praemissis. Et habeas ibi nomina Militum, Civium, & Burgensium, et hoc breve. Teste Rege apud Westm. 20 die Julii: [28 die August.]
Consimiles Literae diriguntur singulis Vic…omit. per Angliam. Et ubi est unus Vic. duorum Com. dicitur sic, quod de utroque Com. praedictorum duos Milites, &c. ut supra.
It is observable, First, That this Parliament was called as well for the benefit and security of the people of the Realm, as for the weighty affairs of the King and kingdom. 2ly. That de discretioribus, is the only qualification required in the Knights, Citizens and Burgesses to be elected. 3ly. That they were to have sufficient power for the Commonalty of the Counties, Cities, and Burroughs for which they were chosen, only ad faciend, quod tunc de Communi Consilio ordinabitur in praemissis. 4ly. That some were Sheriffs of two Counties at once (usual in former times) and that they had only one writ issued to them, to elect two Knights &c. in each County, &c. which they severally returned.
Claus. 30 E. 1. dors. 7. There are other writs issued Uic. Ebor. & singulis Vicecom. per A…gliam. T. Rege apud Lewes 13. die Septembr. agreeing in form with the precedent. The next is entred Claus. 32 E. 1. dors. 2.
Rex Vic. Ebor. &c. Quia pro quibusdam, &c. usque tractatum. Tibi praecipimus, &c. quod de Com. praedict. duos Milites, & de, &c. de discretioribus & ad laborand. potentioribus, sine dilatione eligi, &c. Ita quod dicti: Milites plenam & sufficientem potestatem pro se et Communitate Com. praedicti, &c. divisim ab ipsis tunc ibidem habeant, ad faciend. quod tunc de Communi Consilio ordinabitur in praemissis: Ita quod pro defectu hujusm…di potestatis negotia praedicta non remaneant infacta. Et habeas, &c. Teste ut supra.