AN EXACT ABRIDGEMENT OF THE RECORDS IN THE TOWER of LONDON , From the reign of King Edward the Second , unto King Richard the Third , of all the Parliaments holden in each Kings reign , and the several Acts in every Parliament : Together with the Names and Titles of all the Dukes , Marquesses , Earls , Viscounts , and Barons , summoned to every of the said Parliaments . COLLECTED By Sir ROBERT COTTON Knight and Baronet . Revised , rectified in sundry mistakes , and supplied with a Preface , Marginal Notes , Several Omissions , and Exact Tables , both of the Special Matters , Great Officers Speakers , Nobles , and other Persons therein conteined . By WILLIAM PRYNNE Esquire , a Bencher of Lincolns Inne .

LONDON , Printed for William Leake Stationer , at the Crown in Fleetstreet , between the two Temple Gates , 1657.

HAving already published to the World , a (a) (a) In the 3. First Parts of my Seasonable , Legal , Historical Vindication , & Chronological Collection of the Good old Fundamental Liberties , Rights , Laws , &c. of all English Freemen . Chronological Epitome , or Summary Collection of all the extant Parliamentary Councils , Synods , and publike State-Assemblies held within the Realm of Great Britain , upon several Occasions , from the Britons first arival in it under King Brute , ( as our old Historians generally assert ) till the Coronation of King William the Norman , Anno Dom. 1066. ( conteining the space of 2390 years , or thereabouts , after the computation of the (b) (b) Col. 725. Chronicle of Bromton , and (c) (c) Marianus Scotus , Florentius Wigorniensis , Mat. Westminster . others ; ) And having likewise an intention ( if God shall vouchsafe me life , health , liberty , opportunity and encouragements ) to collect and publish , an Exact Chronological History of all the Great Councils , Synods , Parliaments , State Assemblies , and the several Consultations , Debates , Acts , Edicts , Laws , Statutes , Ordinances , Iudgements , Petitions , Proceedings in them , and Writs of Summons to them , extant either in Histories or Records , & all other usefull Records , from the crowning of K. William the first , Anno 1066. till the end of the reign of K. Charls , 1648. A most necessary , profitable , useful Work , ( never yet undertaken by any to my knowledge ) tending much to the Honour of our English Nation , the Dignity of our Parliaments and Great Councils , the advancement of our Laws , and Learning ; the information , instruction of the present times , and future ages , in our Parliamentary and State affairs of greatest concernment ; the enabling Members of Parliament both to know , discharge their Duties , and maintain their antient Privileges , Jurisdictions , better than in former times ; the preservation of our usefullest Parliamentary Rolls , Journals , and other Records from Suppression , Embezlement , Oblivion , & to rectifie sundry Gross mistakes both in our printed Statutes , Law-books , and Vulgar Historians : The compleating of which vast undertaking requiring more toylsom Study , Cost , expence , and time , than yet I can bestow thereon : I thereupon apprehended , that I could not ( in the Interim ) perform a more profitable Service to my Country , conducing towards the furtherance of that great Undertaking , than ( at the earnest importunity of the Stationer , and some special Friends ) to contribute my best directions , assistance towards the printing and publishing of this Exact Abridgement of the Parliamentary Records in the Tower of London , from the reign of King Edward 2. unto King Richard the 3. collected ( as is generally voiced , believed ) by that most eminent industrious Collector of our best , rarest English Antiquities , Manuscripts , Leger-books , Records of all sorts , Sir ROBERT COTTON , whose famous Name and Memory alone , are sufficient to adde more praise and lustre to this Abridgement , than any Panegyrical Epistle I am able to prefix thereto .

This Exact Abridgement being licensed for the Press , before the Stationer brought it me to peruse , I thereupon diligently read over the Copy , ( belonging formerly to a person of quality , curiously bound up , gilt , and written in a very fair hand ; ) wherein I corrected several verbal mistakes of the Clerk in the Transcribing , and comparing it with another Transcript of mine own , supplyed some blank spaces in it , together with the Abridgements of the whole Parliaments of 21 E. 3. & 4. & 16. Rich. 2. the explanation of the Charter of the Stanneries in the Parliament of 50 E. 3. the Abridgment of the beginning of the 1. Parliament of 5 R. 2. to numb . 14. with the end of 15 R. 2. n. 36. &c. ( wholly omitted in the Stationers Copy ) without any alteration ( except in the Clerks misprisions ) in , or addition to the Text it self , to avoid the Censure of being an over-officious Critick in another deceased honourable persons Posthumus Work .

After which perusal of the Copy , finding neither Notes of direction in the Margin , nor Tables in the end of this Abridgement , to direct the Reader readily to finde out the principal things , or Names of persons therein comprised ; I thereupon supplyed these defects , with such Marginal Notes , and Tables thereto annexed , as might render it most usefull to the Buyers : comprizing the Principal matters therein contained , together with the Names of the Nobles , and other persons mentioned therein , in Alphabetical Tables , with the names of the Admirals , Chancellors , Constables , Marshals , Iudges , Protectors , Privy Seals , Speakers of Parliament , Stewards of the Kings House , and other Great Officers mentioned in it , in a Chronological Order ; with the years , Sections , Pages wherein they are recorded . Which additional Supplements will render it much more usefull and beneficial to the Reader upon all occasions , than it would have been without them .

The Subject matter of this Exact Abridgement consisting wholly of Records or Rolls of Parliament , and the principal matters of greatest publike and private concernment in Peace or War , debated , adjudged , transacted in this supremest Court of the Realm , both for Iudicature & Consultation , with the Names of all the Nobility summoned to , or created in our Parliaments , ( never formerly published in print , and generally unknown to most Judges , Lawyers , Historians , Gentlemen , Bookmen of all Professions ) will sufficiently blazon and proclaim its Eminency , Utility , Excellency , Complacency , and Desirableness to every intelligent Reader , beyond all other late publications , and uncertain Reports of private Persons or Cases lately published , or any Histories yet set forth , without any other Proemial Encomiums ; yea the manifold discoveries it makes of the Variances of sundry printed Statutes from the Parliament Records both in form and substance , and of divers bastard Statutes put in print , never extant on Record ( which Sir Edward Cook hath gleaned out of this Abridgement , and inserted into his 4 Institutes p. 50 , 51 , 52. though he there assumes the first discovery and honor of it to himself alone ) will undeniably demonstrate , how worthy it is the most serious perusal of the greatest , as well as meanest Professors of the Law ; who commonly take all printed Statutes , and Reverend Sir Edward Cooks oft mistaken Records , for undoubted Oracles , without comparing them with the original Records themselves , out of over-much laziness or credulity .

If any supercilious persons shall disdain or slight it , because it is but an Abridgement , and so not comparable to the Records themselves at large ; or object out of Sir Edward Cooks Reports and Institutes ( who oft forgot this lesson himself inculcates , ) Satius , et tutius est petere fontes , quam sectari rivulos .

I answer , That though the Parliament Rolls and Journals themselves at large , are farr more authentick , usefull , beneficial , satisfactory and desirable , than any Epitome of them ( were they published in print ) in sundry respects , comprizing many material things , Commissions , Circumstances , &c. in them , which Abridgements must necessarily omit , or but briefly touch , to make them Abbreviations ; yet Exact Abridgements of them are of very good use , and in some regards , which I shall but touch , to be preferred before the Records at large .

1. Abridgements comprise in one small volume , the marrow , quintessence , and most remarkable usefull materials comprised in many large Records , and Voluminous Tomes ; as one precious Jewel or small peece of Gold contains within it the value of many peeces and pounds of Iron , Brass , Tinn , Silver ; and one sheet in a small Pica letter , the substance of many sheets set in Capitals .

2. They omit and pare away all superfluities , Impertinences , matters , circumstances of less moment , wherewith the Records and Voluminous Authors abridged , are some times over-stuffed .

3. They are more portable from place to place than the Records and Volumes they abridge ; and more ready at hand upon all occasions .

4. They are of farre lower price than the Records and Volumes abridged in them , which every Scholars , Students purse will not reach to purchase , though he hath stock enough to buy their Epitomes . The Transcripts of the Records at large here abridged , will hardly be purchased for 200 l. when as this Abridgement of them will not cost above 20 s. printed . You may buy Brooks Abridgement of the Year-books for 30 or 40 s. whereas the Year-books it abridgeth will cost near as many pounds .

5. They are very (d) (d) Sir Henry Wotton his Aphorisms of Education , p. 305. helpfull to memory , and of very good private use to those Noblemen , Country Gentlemen and others , who have no spare time to read much , and shew a short course to those who are desirous to know a little , but not to understand over-much , making their Studies only their Recreation , not their Occupation .

6. They are read over with more ease , speed , delight , less labour and fastidiousness , than the Records and Volumes they abridge : You may read over the substance of more Parliamentary Records in this Abridgement in your Studyes in one week , than you can read at large in the Tower of London in one whole year , without taking pains to repair thither to the Originals , which few can read in the hands , and fewer understand in the Languages they are written , being for the most part bastard Law-French .

7. Abridgements have been reputed so necessary , usefull in all Arts , Sciences ; as Divinity , Philosophy , Physick , Chirurgery , History ; (e) (e) See Summa Raymundi , Summa Angelica , Summa Rosella , Hostiensis Summa : & others . Canon , Civil and Common Law , that we meet with almost infinite Epitomies , Summaries , Summes , Abridgements , Manuals , Breviaries of the best and chiefest Authors , or Materials in every of them , both in antient and modern times . To confine my self only to my own profession of the Common Law . The several Abridgements of Statham ; of Sir Anthony Fitzherbert , and Sir Robert Brooke ( two reverend learned Judges ) of the Year-books at large under several Titles heretofore ; of Mr. Thomas Ashe his Table General to the Common Law of England ( nought else but an Epitome thereof under heads . ) The Abridgement of the Book of Assizes , printed by Richard Tottle , Anno 1555. The several late Abridgements of Dyers , Plowdens , and Sir Edward Cooks Reports ; and of our Statutes at large , by Mr. Iustice Rastall , Poulton , Dalton , the Author of the Compleat Iustice , Mr. Wingate and others ( much magnified by all the Professors of the Law , and Country Justices of Peace , yea , made use of more than the Bookes and Statutes at large abridged by them ) are a sufficient argument of the Utility , Conveniency , and Necessariness of Abridgements . And if these Abridgements of our printed Statutes and Law-books at large , ( common in every shop and private Study ) be so usefull , gratefull , necessary ; how farr more usefull , excellent , necessary , desirable , delightfull must this Exact Abridgement be , of our rarest Parliament Records and Rolls , never yet published to the world in print , and meer strangers unto most Judges , Justices , Lawyers , Statesmen , Parliament-men , Historians , Scholars themselves , as well as to ordinary Plebeians , and rendring the substance of those excellent Records in English , which are for the most part enrolled in the French or Latin tongue , which few can readily read or understand ?

Yet though Exact Abridgements of Laws , Lawbooks , Statutes , Histories , Records , and other voluminous Authors be very usefull and necessary in the General , and this more usefull , necessary , than any other in particular that I know of , the records themselves being yet unprinted , unknown to most men , which this Epitome in a good measure will now acquaint them with ; I shall crave leave to give the Readers some few Cautions touching all sorts of Abridgements , in the gross ; and this in individuo .

1. Let all Professors of the Law and other Studies , beware lest through sloathfulness , ease or negligence , they more study and make use of Abridgements in their professions , than of the original Law-books , Statutes , Authors abridged by them to their hands ; [d] [d] See Sir Henry Wottons Aphorisms of Education , p. 305. lest they divert them to close & shallow Cisterns , whose leisure might serve ( as they should principally endeavour ) to be well acquainted with the deep and open original springs , Authors , and Records themselves epitomized in and by them , whose Abridgements will onely enable them to know but a little , and that superficially , at second hand , but not throughly instruct them to understand much .

2ly , When they have any special occasions to make publike use for themselves , their Clients , or others , of any Statutes , Law-books , Records , in this or any other Abridgment , let them be sure to resort to the Originals themselves , and not rely upon the Abridgements alone , to prevent Mistakes , Errors , yea the loss of their Reputations , if their Abridgements should misguide them . For , as the original Records and Authors abridged , are farr more authentick than the Abridgements : so they are commonly more full and satisfactory , ( conteining sundry reasons , circumstances , and somtimes matters both of Fact and Law , which the Abridgements omit , curtal , and perchance mistake ; ) and are best for use : Abridgements being much like Spirits , and the hottest extractions , which must be mixed with cooling waters , out of which they were first extracted , to allay their heat , when taken ; Or like silver exchanged into gold for the lighter cariage , which must be changed again into silver , when used . It is dangerous taking any thing upon trust from Abridgements , or others Reports alone in matters of publike or private concernment . This was the Oversight of that great Ornament of our Law , Sir Edward Cooke , who by trusting to other mens Abridgements and Notes of Records , ( which himself had no vacancy to examine ) was often seduced by them , and hath thereby seduced others , by their mistakes and misrecitals published in his printed Books ; of which I have here and * * My Plea for the Lords : and Demurrers to the Jews Remitter , &c. elsewhere given the Readers some particular instances , to rectifie both his and their mistakes , without the least intention to detract any thing from his Venerable due worth and memory .

3ly , Though this Abridgement be very exactly done by so learned and eminent an Antiquary whose Name it bears , yet through the carelesness of the Clerks who transcribed it , I find here and there some mistakes in the Number roll , and some omissions of material Words , Clauses , yea of the whole Parliament Rolls of Ed. 2.46 E. 3. with some * * 20 H. 6. two or three Rolls more yet extant ( not abridged in any Copy I have seen ) which the publishing or perusal of the Parliament rolls at large will easily supply ; I being unwilling to adde any Appendix of mine own to this deceased Authors surviving industry . Besides , in one particular of moment , I find both a mistranslation of the French , and a mistaken Inference grounded on it by the Compiler of this Abridgement ; of which I thought necessary to give the Reader special Notice , to rectifie his mistake , which hath seduced many , especially being since seconded therein by [f] [f] 4 Institutes , p. 4. Sir Edw. Cook . In the * * Here p. 11 , 12. Abridgement of the Parliament Roll of 6 E. 3. n. 5 , 6. whereas it is translated , The Bishops and Proctors of the Clergy went by themselves to consult therein . And THE LORDS AND COMMONS BY THEMSELVES . The LORDS AND COMMONS RETURN , &c. The word there translated Commons , is in the Roll and French , GRANTZ , with a dash , or GRANDEES , in both places● and should be thus rendred in English . The Lords , Barons , and other GREAT MEN , ( not Commons ) by themselves . And the said Earls , Barons , et autres Grantz , AND OTHER GREAT MEN , ( not Commons ) by the mouth of Sir Henry Beaumont , &c. The Knights of Shires , and Commons being twice together distinguished from the Earls , Barons , and Great men , in this very Number-Roll ; which I shall transcribe , to clear this mistake , and the inference grounded thereon● Et les ditz Countz , Barons , et auters Grantz per eux mesmes : Les quex Countz , Barons , et auters Grantz puis revindrent et respondient touz au Roy par la bouch de Beaumond , &c. Les quels choses issint ordainiez per le ditz Countz , Barons et auters Grantz , luez devant nostre Seiur le Roy , et les Prelates , Chivalers des Countees , et les Gentz de Comune ( here put in contradistinction to the Earls , Lords and Great men , and not present with them at their private debates , but severed from them as well as the Bishops and Clergy , and present only when they made their report to the King , Prelates , Knights , Commons , and whole Parliament assembled together upon this occasion in one place ) fueront plaisantz a eux touz ; et per nostre Seiur le Roy , Prelates , Countz , Barons et auters Grantz , et auxint per les Chivalers des Countees et GENTZ DES COMUNE ( here again distinguished from the Lords and Great men ) fueront pleinment assentuz & accordez , &c. Now mark the inference thence made by the Abridger , n. 10. * * Here p. 1● By the 5. and 6. Titles before may appear , THAT AT THIS TIME THE LORDS AND COMMONS WERE OF ONE HOUSE , and that then there was no Speaker for the Commons . That the Commons had then no Speaker , I conceive is an undoubted truth , since we find not any Speaker they had mentioned in the Rolls , before the Parliaments of 51 E. 3. n. 89. and 1 R. 2. n. 16 , 17. But , that the Lords and Commons were then of one House , and sate and consulted together , is a * * See my Levellers Levelled p. 18 , 19. clear mistake , directly contrary to this very record , whereon it is grounded , which expresly resolves ; That the Earls , Barons , and Great m●n went by themselves to consult , as well as the Bishops and Clergy ; and that the Knights and Commons went not with them to consult , but were called together to hear their report made by Sir Henry Beaumont , to which they all gave their assents .

Sir Edward Cook in his 4. Institutes , c. 1. p. 4● hath propagated this mistake , and thus backed it with some additions of his own . CERTAIN IT IS , THAT AT THE FIRST BOTH HOUSES ( of Lords and Commons ) SATE TOGETHER : as it appeareth by Modus tenendi Parliamentum : vide Rot. Parliamenti , 5 E. 3. n. 3. and in other places of the same Roll : and in 6 E. 3. in divers places it appeareth , THAT THE LORDS AND COMMONS SATE TOGETHER : But under the favour of this Reverend Judge , as this Modus tenendi Par●iamentum , ( he so much magnifies and insists on ) is a meer Spurious Forgery and Imposture , full of gross errors , absurdities , not antienter than King Rich: the 2. reign ( some part of it being taken out of 11 R. 2 : ) and no such antient Record in the Confessors , Conquerors , or Henry the 2. reigns , nor of such venerable Authority , or Antiquity , as Sir Edw. ( by many confident averrments , without any colour of truth ) affirms it to be , in his 4 Institutes , p. 12.349 and * * 1 Instit. f. 69 110. 2 Instit. p. 7.8 . Epistle to his 9th Report . elswhere ; as Mr. Selden manifests in his Titles of Honour , part 2. p. 613 , 685 , 691 , 738. to 745 : and I have further evidenced in My Levellers Levelled ; and third Part of A Seasonable , Legal , and Historical Vindication , &c. of the good old Fundamental Liberties , Rights , Laws of England , p. 314. and the very Treatise it self will evidence to any person who is but meanly versed in Antiquities or Parliamentary Records . So , the Roll of 5 E. 3. n. 3. proves no such thing , That both Houses then sate together , but the contrary ; that the Lords and Commons sate and consulted apart by themselves , and that certain Lords ( as a special Committee only , not Lords House , ) then treated , consulted with them , but no otherwise . And the Roll of 6 E. 3. proves expresly , that the Commons sate not together as one House with the Lords , but apart from them ; To put this out of all further controversie , (h) (h) Here p. 13. Parl. 2.6 E : 3. n. 3. is express : That the Bishops by themselves , THE LORDS BY THEMSELVES , AND THE COMMONS BY THEMSELVES , consulted and advised the King , touching the War with Scotland : The like you may read in 13 E. 3. n. 4 , to 10.13 E. 3. Parl. 2. n. 5 , 6 , 7 , 8.14 E. 3. n. 6.7.17 E. 3. n. 9 , 10 , 11.18 E. 3. n. 10 , 11.20 E. 3. n. 10 , 11.21 E. 3. n. 4 , 5.25 E. 3. n. 6 , 7.36 E. 3. n. 6 , 7.40 E. 3. n. 8.42 E. 3. n. 7 . 4● E. 3. n. 5 , 6.50 E. 3. n. 3 , 8 , 11 , 12. &c. 51 E. 3. n. 18. and sundry other records throughout the reign of King Edward the 3d , and in other Parliaments since : Wherfore I wonder much at this gross confident mistake in Sir Edward Cook , against so many express Records ; and that in his very Treatise touching Parliaments ; which is full of other mistakes .

To instance in other particulars for the Readers information , Sir Edward Cooke in his 4 Institutes , c. 1. p. 23. hath 5 or 6 gross mistakes together , touching the Iudicature in Parliament , which I have at large demonstrated , refuted in my Plea for the Lords , long since . Particularly , he there asserts , Rot. Parl. 1 H. 4.79 . is no Act of Parliament , but an Ordinance : when as you may see by this Abridgement of of it , that it is neither an Act nor Ordinance , but only the Kings Answer by the Archbishops mouth to the Commons prayer . That the Commons were only Petitioners , and THAT ALL JUDGEMENTS APPERTAIN UNTO THE KING AND LORDS , unlesse it were in Statutes , &c. After which he subjoyns , Rot. Parl. 2. H. 5. n. 13. Error assigned , that the Lords gave judgement without petition or assent of the Commons ; when as there is no such Error therein assigned ; and the judgement there alleged to be erroneous , was confirmed by the Lords , as you may read in this * * Page 539. Abridgement , and more fully in my Plea for the Lords . To pretermit many more of his Mistakes , in his very Chapter of Parliaments , which this Abridgement will both discover and rectifie , I shall touch but upon one more . In his 4. Instit. p. 10. he hath this passage : Walsingham saith , that in Anno Domini 1404. which was Anno 6 H. 4 in the writs of the Summons of Parliament there was added by the King a Commandement in the Writ , THAT NO LAWYER SHOULD BE RETURNED KNIGHT OR BURGESSE . ( But the Historian was deceived , FOR THERE IS NO SUCH CLAUSE IN THOSE WRITS , but it was wrought by the Kings Letters by pretext of an Ordinance in the Lords House in 46 E. 3. ) In which passage there are three mistakes together , 1. A misrecital of Thomas of Walsinghams words , That no Lawyer or Apprentice should be elected Knight of the Shire ; without any mention of Burgesses , (k) (k) Hist. Angliae , p. 414 Direxit ergo Rex , ( writes he ) BREVIA Vicecomitibus ; NE QUOSQUAM PRO COMITATIBUS ELIGERENT QUOVISMODO MILITES , QUI IN JURE REGNI VEL DOCTI FUISSENT , VEL APPRENTICII : Sed tales omnino mitterentur ad hoc negotium quos conslat ignorare cujusque Iuris methodum . FACTUMqUE EST ITA . Whence he stiles it in his Margin , PARLIAMENTUM INDOCTORUM . To which he subjoyns in his (l) (l) Anno 1404. p. 164. Ypodigma Neustriae , this observation ; In hoc Parliamento concessa fuit Regi taxa insolita et incolis tricabilis et valde gravis . Cujus modum praesentibus inseruissem , nisi Concessores ipsi & Authores dicti Tallagii in perpetuum latere posteros maluissent . Nempe sub ea tantum conditione concedebatur , ne traheretur posterius in exemplum , nec servarentur ejus evident●ae in the sauraria Regia , nec in Scaccario , sed Scripturae vel recordationes ejusdem protīnus post datum compotum cremarentur , nec emitterentur Brevia seu Commissiones contra Collectores vel Inquisitores hujus negotii , de melius inquirendo . A good president for the burning , abolishing of all late records of illegal excessive Taxes , Excises , imposed and levied on the English Nation for so many years together without intermission . 2ly , A charging of Walsingham ( who lived in those times , and knew them better than Sir Edward Cooke ) with a direct mistake and untruth ; That there is no such clause in the writs then issued , as he recites ; when as it is most apparent by the writs themselves remaining on Record in the Tower in the Clause Roll of 5 H. 4. pars 2. m. 4 Dorso , ( which I have perused with mine own eyes , for my own and others satisfaction ) and by diverse Notes and Transcripts thereof which I have seen in Manuscripts , that there was this clause inserted into all the writs of Summons then issued , ( to exclude the Sheriffs themselves , with all Apprentices and Men of the Law , from being elected Knights , Citizens , or Burgesses . ) Nolumus autem quod tu , seu aliquis alius Vicecomes regni nostri , aut APPRENTICIUS , SIVE ALIQUIS ALIUS HOMO AD LEGEM ALIQUALITER SIT ELECTUS . ) Et habeas ibi nomina praedictorum Militum , Civium , Burgensium , & hoc Breve . Teste Rege apud Lichefield 25 die Augusti ; on which day the writs of Summon both to the Archbishops , Bishops , and Temporal Lords , bear date , all entred together in the same Roll. I wonder therefore , upon what ground or misinformation Sir Edward Cook could so confidently averr the contrary , and tax this Historian for a mistake , in this wherein he was most right , and himself alone so palpably mistaken ; whose confidence made me of his opinion , till I sifted out the truth by a more diligent search of the Record it self ; not mentioned in this Abridgement . 3ly , In averring , that this was wrought by the Kings Letters , by pretext of an Ordinance of the Lords House in 46 E. 3. when that he stiles , an Ordinance of that the Lords House , was an Ordinance , or Act of Parliament ( Ordinances and Acts of Parliament being both one and the same ; as ● have (m) (m) In my Irenarchus Redivivus , p. 27. to 74. elsewhere unanswerably proved , agains● (n) (n) In His 4 Institut● p. 25. Sir Edward Cooks new mistaken Doctrine ) made by the whole Parliament , not Lords House alone , excluding all Practising Lawyers , & all Sheriffs from being elected Knights of Shires , or receiving wages for their Service in that Parliament , for the reasons therein mentioned ; which Ordinance I shall here insert at large out of the Parliament Roll of 46 E. 3. num. 13. Auxi un Ordenance fait en mesme la Parlement fuit luez , en manere come ensuet . Pur ceo que Gentz de Ley que pursuont diverses busoignes en les Courts le Roy pur singuleres persones oue queux ils sont procurent , et font mettre pleuseurs Petitions en Parlementz en nom des Comons , que riens lour touche , mes s●lement les singulers persones , ou queuz ils font de moiez . Auxi Viscontz , que sont Communes Ministres au people , et devient demurrer sur lour Office pur droit faire a chuny , sont nomez , et ont este devant ces heures et retornez e● Parlementz Chivalers des Countees per mesmes les Viscontz ; Est accorde et assenta en cest Parlement , que desormes NUL HOME DE LEY PURSUONT BUSOIGNES EN LA COURTE LE ROY , ne Viscount pur le temps que il est Viscount , SOIENT RETOURNEZ , NE ACCEPTEZ CHIVALERS DES COUNTEES ; ne que ces qui sont GENTZ DE LEY et Viscountz ore retournez au Parlement EIENT GAGEZ .

Num. 14. Mes vo●t le Roy , que Chivalers et SERJAUNTZ des meulz Vaues du paiis soi●z retornez desore Chivalers en Parliamentz , et quils sount estuz en plein Counte .

An Ordinance most fit to be put in actual execution against such practising Lawyers , who make su●e to be elected Parliament Members , only , or principally to get Clyents , Practice , and Prae-audience of others at the Barr , and to promote their Clients or Friends causes in the House , rather than diligently to discharge their publike Duties faithfully in the Parliament , according to their trusts ; as too many have done of later ages , as well as when this Ordinance was first enacted .

In the reading of this Abridgement , I shall advise the Reader ; First , to distinguish between the Parliament Rolls abbreviated and the Abridgers Observations on them here and there , which are no part of the Record it self : Such are all his Observations concerning the Agreement of , or Disagreement and Variance of our printed Statutes from the Records , and the like ; which cause the Numbers , Titles in this Abridgement , many times to exceed the Numbers , Titles , and Membranaes in the Rolls themselves , and some times to differ from them in the number .

2ly , I shall desire him to take Notice for his better information touching Parliamentary records ; That the Writs of Summons to our Parliaments for the Nobility , Clergy , Knights , Citizens , Burgesses , ( with the Writs for Knights and Burgesses wages ) are not extant in the Parliament , or Statute-Rolls , but for the most part , they are entred in the Dorse of the Clause Rolls , & sometimes ( though rarely ) on the Dorse of the Patent Rolls , kept in the Tower of London ; where all who please may peruse them at their leisure ; they sometimes differing one from another in form , as well as in the names of the persons summoned ; and sometimes in material Clauses , though * * 4 Institutes c. 1. p. 10. Sir Edward Cook asserts the contrary ; as is most evident by the writs of Rot. Claus. 6 Iohan. dors. 3. claus. 38. H. 3. dors. 13. claus. 45 H. 3. m. 19. dors. claus. 48 H. 3. dors. 5 , 6. claus. 49 H. 3. dors. 11. claus. 34 E. 1. dors. 10 , & 5. claus. 4 E. 3. m. 17 , 18. dors. claus. 6 E. 3. pars 2. m. 13. dors. & m. 4. dorso , & m. 36. claus. 45 E. 3. m. 29. claus. 11 R. 2. dors. 13. claus. 5 H. 4. pars 2. m. 4. dorso . and sundry others .

3ly , That there are farre more Writs of Summons to Parliaments extant in those Rolls , than there are Statute or Parl. Rolls ; There being no Records at all in the Tower ( except some few antient Charters , or Exemplifications of them ) antienter than the first year of King Iohn , all the rest from William the First his reign , till then , ( except some few in the Exchequer , not relating to Parliaments ) being utterly lost . The first Parliament Rolls yet remaining , are those of 5 , 8 , 9 , and 19. of King Edward the 2. The Statute Roll of H. 3. Edw. 1. and Edw. 2. conteining some Statutes made in their reigns ; a Parchment Book of some Pleas in Parliament , during the reigns of King Edward the 1. and 2. and a few Bundles of Petitions in the Parliaments of 6 E. 1. & 1 , 2 , 3 , & 4. E. 3. none of which are here Abridged . Only I find in the Clause , Patent , Charter , and Fine Rolls of King John , Henry 3 , Edward 1 , and 2. some writs of Summons , and some m●morials of Acts , Ordinances made , and Aydes , Subsidies , Disms , Quindisms , Customs granted in Parliaments held during their reigns , the Rolls whereof are perished and quite lost , either through the Negligence of the Record-keepers , or the Injury , Iniquity of the times , during the Civil wars between the King and Barons , in the reigns of King Iohn , and Henry the 3. and betwixt the two houses of Lancaster and York for the Title to the Crown ; ( wherein ( it is very probable ) the preva●●ing Kings parties , by their instruments , embezelled , suppressed such Parliamentary Records and Proceedings , as made most against their Interests , Power , Prerogatives , Titles ; ) or through the Default of our Kings Great Officers and Atturneys , who sending for the Parliament Rolls out of the Tower upon special occasions , never returned them again , for reasons best known to themselves ; By means whereof , these Parliament Rolls being no where to bee found , their defects must be supplyed only out of such Fragments and Memorials of them as are extant in our other Records , and antient Historians , ( especially in Matthew Paris , Matthew Westminster , William of Malmsbury , Henry Archdeacon of Huntingdon , Roger de Hoveden , Simeon Dunelmensis , the Chronicle of Bromton , Radulphus de Diceto , Ranulphus Cistrensis , and Thomas of Walsingham ; ) who give us some account of their Proceedings and Transactions , which else had been utterly buried in oblivion , as well as their Rolls , wher●n they were at large recorded , as is evident by the Parliament Rolls yet extant , exactly relating all the Parl. Acts , Judgments , Proceedings , as you may discern by this Abridgement ; But more clearly by the Rolls at large , made up and engrossed by the Clerk of the Parliament , with the assistance or supervising of the Lords , Iudges , and Commons too , when there was occasion .

4ly , I shall recommend unto you these generall Observations touching our Parliaments and their proceedings , in former ages , which I shall desire the Readers more carefully to observe in their perusal of this Abridgement for their better satisfaction .

1. That it was the Common Custom in former ages , the first day of every Parliament by special Proclamation , to [o] [o] See 6 E. 3. n. 1 , 2 , 3 , &c. 13 E. 3. Part. 2. n. 2. 14 E. 3. n. 1. 15 E. 3. n. 2. 17 E. 3. n. 3. 18 E. 3. n. 3. 20 E. 3. n. 5. &c. inhibit the wearing of any Arms or weapons , under severe penalties , within such Cities and places where the Parliament sate , to prevent all disturbances , quarrels , intimidations , over-awings of the Members by Fear or Force . A practice now fit to be revived , after so many late armed Guards , Forces , not only over-awing , disturbing , enforcing , but dissolving Parliaments , and secluding , securing their Members at their pleasure .

2. That our Parliaments , were alwayes [p] [p] See 6 E. 3. n. 1. 13 E. 3. Parl. 2. n. 4● 14 E. 3. n. 4. 17 E. 3. n. 2. and sundry others . See the Table . usually adjourned and put off till some further day , when any considerable Number of the Lords or Commons were absent , or not come , appearing at the first day of Summons , and the Declaration of the Causes of summoning the Parliament , adjourned till all the Members were come , and the Parliaments full .

3. That the Lords some times , and the Commons were all frequently [q] [q] 18 E. 3. n. 1 , 2 , 7. 5 R. 2. n. 1. 8. Parl. 2. 5 R. 2. n. 2. 6 R. 2. n. 2. 7 R. 2. n. 2. 20 R. 2. n. 8. 2 H. 4. n. 1. 4 H. 4. n. 1. 9 H. 4. n. 1. 13. H. 4. n. 1. 11 H. 6. n. 1. called by Name the first day of the Parliaments sitting ; and all of them admitted , yea commanded to sit in , and attend the Parliament ; and such as were absent without just cause , both blamed and fined .

4. That in all former ages , no Acts were made , Judgements pronounc'd , Ayds or Subsidies granted , nor ought else debated or conlcuded , but only in full Parliament , when all or most of the Members were personally present , and none forcibly secluded or suspended , but only by sen●ence of the Houses themselves . See the Table Full Parliament .

5. That [r] [r] 9 H. 6. n. 57. 23 H. 6. n. 41. 31 H. 6. n. 26 , 27 , 28. 14 E. 4. n. 55. 17 E. 4. n. 36. No Members of Parliament could be arrested , imprisoned or taken in execution for Debt , or any other occasion sitting the Parliament , but only for Treason , Felony , or Breach of the Peace : and if any were arrested or taken in execution against their privileges , they were , upon complaint , released to attend the publike service of their Country in Parliament .

6. That our Kings themselves did usually by their Chancellors or Chief Justices , when they declared the Causes of summoning every Parliament to the 3. Estates , most commonly grant and declare of their own accords , [s] [s] See the Table Title , ●●berties , Privileges , Parliament , Great Charter , Forest. That all Estates should enjoy their Privileges , belonging to them as Members ; and likewise , That the Church , with all Corporations , and other persons whatsoever , should enjoy their antient Liberties , Rights , Customs and Franchises , which was one chief end of summoning Parliaments : and the Great Charter of their Liberties , of the Forest , and all other good Laws , and Statutes due observation , and to have the violations of them redressed , punished .

7. That Matters [t] [t] See the Table , Tit. Peace , Truce , Warr , Parliament . of Warr , Peace , Leagues , Defence against Enemies both by Land and Sea , were constantly propounded to , debated , consulted , concluded of in and by our Parliaments , yea one chief cause of their Convention ; and not ordered by our Kings and Privy Council , without the Parliaments consent .

8. That [u] [u] See the Titles , Aid , Subsidy , Customs , Tonnage & Poundage . No Subsidies , Aydes , Tonnage , Poundage , Impositions , or new Customs whatsoever lawfully might or could be granted , imposed or levied on the Subjects , but only in and by their Free Grants and Consents in Parliament , upon urgent necessities , on such conditions , cautions , limitations , and for such ends , uses , purposes , in such moderate proportions , as our Parliaments thought fit to limit and prescribe . And that all Customs , Impositions , New Taxes , Extortions , not thus granted , imposed by Parliament , were constantly complained of , punished , redressed by the next ensuing Parliaments .

9. That our Kings usually returned the Lords and Commons [x] [x] 38 E. 3. n. 18. 42 E. 3. n. 8. 20. 1 R. 2. n. 137. 31 H. 6. n. 20. 12 E. 4. n. ●1 . See the Table . special thanks for their Aids , Subsidies , though in Cases of publick Defence , for their own and the Kingdoms safety ; and likewise gratified them with the Grants of general Pardons , the answer of all their just Petitions , Relief of their common Grievances , Confirmations of their Liberties , and enacting of wholesom New necessary Laws .