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Second
Letter
to
a
Friend
The
Rights
of
the
Bishops
to
judge
in
Capital
Cases
in
Parliament
,
cleared
,
The
Grand
Question
touching
the
Bishops
Right
to
Vote
in
Parliament
,
Stated
and
Argued
.
Grand
Question
's
Argument
R.
Janeway
THE
name
of
the
is
so
well
known
,
both
to
the
Active
,
and
Contemplative
part
of
Mankind
,
that
no
more
need
be
said
to
recommend
any
Papers
to
the
World
,
than
to
give
Assurance
that
they
were
his
,
and
by
him
Designed
for
the
Press
.
I
am
perswaded
that
most
who
Read
the
first
of
these
ensuing
Treatises
,
and
have
been
conversant
in
that
's
Writings
,
cannot
but
acknowledge
this
,
for
the
Genuine
product
of
his
large
Soul
,
and
close
way
of
Reasoning
.
But
besides
the
inward
testimony
of
the
thing
it self
,
we
have
other
sufficient
proof
of
its
being
Authentick
,
from
such
as
had
the
Honour
of
a
familiarity
with
that
in
his
life
time
,
to
whom
he
communicated
his
thoughts
on
this
Subject
,
as
he
from
time
to
time
committed
them
to
Paper
.
He
lived
not
to
finish
any
more
of
his
Answer
to
the
than
what
is
now
published
;
but
often
affirmed
that
he
had
Conquer'd
all
the
difficulties
in
it
:
Nature
was
spent
,
and
all
the
Oyl
of
his
Vital
Lamp
was
consumed
,
before
he
could
advance
further
with
his
Pen
:
And
when
we
consider
that
he
had
past
the
Age
of
Man
,
having
arrived
to
his
eighty
first
year
,
and
that
he
still
continued
Writing
for
Eternity
,
when
he
was
upon
quitting
this
Mortal
state
,
we
may
well
say
that
his
Life
went
not
out
in
a
Snuff
,
as
most
very
aged
men
expire
;
but
that
he
ascended
to
Heaven
in
a
bright
flame
,
which
still
continues
to
enlighten
us
that
remain
here
below
.
Surely
I
cannot
be
taxt
of
impertinence
,
if
I
here
strew
upon
his
Herse
some
of
's
happy
flowers
,
since
one
would
think
they
sprung
up
now
for
this
very
purpose
,
Let
no
Man
say
that
it
misbecame
him
to
spend
his
time
thus
,
when
he
was
posting
to
Eternity
:
He
had
found
to
stand
in
need
of
his
Defence
,
and
his
own
Reputation
was
called
in
question
upon
his
appearing
for
it
.
And
next
to
Devotion
,
(
which
without
doubt
had
a
due
share
of
his
time
,
)
nothing
perhaps
can
give
a
greater
foretaste
of
the
joys
of
Heaven
,
than
the
sense
of
a
Mans
having
fully
vindicated
and
his
own
good
name
The
Author
of
the
is
likewise
a
person
of
great
Age
,
and
well
known
for
his
great
Learning
:
Nor
would
his
Name
,
if
made
publick
,
give
any
small
Reputation
to
his
Book
:
But
he
is
so
sincere
a
Lover
of
Truth
,
that
I
dare
say
,
he
would
not
have
any
Man
byast
with
a
previous
disposition
to
believe
,
that
there
is
more
force
in
his
Arguments
than
he
finds
,
but
leaves
them
to
their
natural
energy
.
For
me
to
pretend
to
give
the
Characters
of
such
Authors
as
these
two
,
would
he
a
presumption
beyond
what
I
am
guilty
of
,
in
putting
some
Papers
of
mine
in
the
retinue
of
theirs
.
But
though
my
Character
cannot
do
sufficient
Right
to
either
;
yet
a
Confutation
of
Mr.
's
Errors
may
be
a
piece
of
Justice
to
the
who
has
been
much
undervalued
by
this
And
as
Mr.
is
a
Man
justly
in
Reputation
for
his
Parts
and
Literature
,
unless
it
be
shewn
that
his
Authority
is
of
no
great
weight
in
this
sort
of
Learning
,
he
might
wound
by
his
Censure
where
he
doth
no
great
feats
with
his
I
doubt
not
but
he
will
pardon
my
freedom
with
him
,
since
he
has
used
as
much
,
or
more
,
with
what
I
have
formerly
published
to
the
World
.
Indeed
by
his
one
would
think
,
that
he
had
wrote
before
I
had
set
out
any
thing
relating
to
Antiquities
:
But
then
he
must
needs
have
understood
by
way
of
Prophecy
what
I
would
say
about
the
Curia
Regis
,
great
part
of
which
he
makes
use
of
,
and
concerning
the
explication
of
King
Iohn's
Charter
,
and
several
other
things
,
which
he
opposes
.
I
am
sensible
that
enough
has
been
said
by
the
(
on
whose
Papers
mine
attend
:
)
to
clear
the
from
all
the
dust
raised
by
Mr.
But
he
having
put
things
together
in
another
manner
than
had
been
done
before
,
some
might
think
it
requisite
that
there
should
be
a
particular
Answer
given
to
every
thing
of
his
that
bears
the
face
of
an
Argument
,
both
upon
the
account
of
the
weight
his
Assertions
may
carry
with
many
,
and
the
want
of
Judgement
in
others
,
to
apply
what
may
be
found
in
these
to
silence
all
Objections
,
in
how
different
a
manner
soever
they
may
be
repeated
.
And
truly
this
I
had
done
according
to
my
Talent
,
but
considering
that
those
things
are
wrote
for
the
Learned
,
whose
Judgements
are
too
delicateisoon
to
rellish
the
same
dish
drest
over
and
over
again
;
I
thought
it
convenient
to
suspend
the
publication
of
what
has
occurr'd
to
me
upon
that
Subject
.
Nor
shall
I
at
present
interpose
in
that
Controversie
any
further
,
than
to
free
my self
from
a
two-horned
Argument
,
which
I
were
very
dull
not
to
perceive
my self
to
be
concerned
in
,
if
not
solely
aim'd
at
by
it
.
Having
first
taken
a
difference
between
the
of
the
Nation
,
to
which
of
Lands
,
as
such
,
had
right
to
come
,
till
And
the
Curia
Regis
compos'd
of
the
Kings
immediate
Tenants
,
and
Officers
;
I
had
occasion
to
enquire
into
the
nature
of
the
Curia
Regis
,
mentioned
in
the
Constitution
of
which
obliges
the
Ecclesiastick
Tenants
interesse
judiciis
Curiae
Regis
quousque
perveniatur
ad
diminutionem
membrorum
,
vel
ad
mortem
.
This
I
took
to
relate
to
Judgements
in
the
Curia
Regis
,
as
such
:
And
the
ground
of
coming
to
the
being
different
from
that
of
coming
to
the
Curia
;
From
thence
I
conceived
might
be
gathered
a
sufficient
Reason
,
why
the
Bishops
might
have
been
allow'd
to
vote
in
a
Legislative
Capacity
in
cases
of
Blood
:
And
yet
that
practice
might
no
ways
Jani
Angl.
facies
nova
,
p.
186.
extend
to
warrant
their
sitting
as
Iudges
upon
such
Causes
,
either
when
there
was
a
bare
Curia
de
More
,
or
when
it
sat
within
a
Habet
Rex
Curiam
suam
in
concilio
suo
in
Parliamentis
suis
ubi
terminatae
sunt
dubitationes
judiciorum
,
&
novis
injuriis
emersis
nova
constituuntur
remedia
,
&
unicuique
justitia
prout
meruerit
,
retribuetur
ibidem
,
Fleta
lib.
2.
cap.
2.
The
passage
relating
to
the
constituting
new
remedies
must
needs
here
relate
to
the
power
of
the
Magnum
concilium
,
or
curia
in
making
Ordinances
.
Vid.
Jus
Angl.
ab
antiquo
.
Addit
.
p.
40.
of
the
Kingdom
,
more
than
the
Suitors
at
the
Curia
being
Summon'd
.
The
Legislative
power
they
exercised
as
Members
of
the
And
the
Iudicial
power
,
as
Jan.
Angl.
p.
186
,
189
,
190.
Members
of
the
Curia
and
were
Members
of
the
Curia
,
as
they
held
Lands
of
the
King
Whereas
Men
came
to
the
generally
upon
the
account
of
property
in
Land
,
without
consideration
of
tenure
,
so
it
were
free
.
In
short
,
a
Man
may
have
that
in
an
extraordinary
capacity
in
which
he
has
not
there
in
an
ordinary
.
I
likewise
held
that
was
try'd
for
Misdemeanors
Jan.
Angl.
&c.
p.
201.
only
,
though
according
to
the
Language
of
those
days
they
were
and
that
the
Tryal
Ib.
p.
199.
was
in
a
bare
Curia
Regis
,
when
no
more
Ib.
p.
189.
than
Suitors
to
that
were
summoned
.
's
Argument
upon
this
follows
Thomas
Becket
Now
to
my
thinking
,
this
seeming
irrefragable
Argument
has
no
real
force
:
For
,
not
to
mention
his
wrong
interpretation
of
Vid.
p.
100.
&
139
to
166.
nor
yet
Vid.
p.
65
to
70
his
mistake
of
the
Fact
in
relation
to
's
Tryal
,
as
if
he
were
Tryed
for
a
Capital
Offence
:
In
both
which
I
doubt
not
but
he
will
receive
Conviction
to
the
contrary
from
these
two
I
am
bold
to
say
,
that
there
is
no
manner
of
consequence
in
the
first
Branch
of
his
which
is
the
only
thing
that
can
lye
upon
me
to
answer
:
And
truly
,
I
conceive
,
that
it
by
no
means
follows
,
that
because
the
Curia
Regis
in
the
is
not
the
whole
but
only
that
Court
which
(
either
when
a
was
held
,
or
when
only
a
assembled
)
had
the
sole
exercise
of
the
that
therefore
Iudgements
in
before
the
Lords
,
such
as
were
Members
of
the
Curia
,
are
not
affected
by
that
any
more
than
we
can
now
say
,
the
cannot
be
concerned
in
any
matter
which
does
not
belong
to
the
whole
I
shall
only
add
three
Observations
,
which
may
go
far
to
put
an
end
to
this
Controversie
.
That
part
of
the
which
says
of
the
Ancient
Customes
Clarendon
.
Answer
to
Apol.
p.
ad
mortem
,
was
part
of
the
avitae
consuetudines
ecclesiasticae
.
If
it
had
been
a
New
Law
,
then
indeed
whatever
was
not
expresly
forbidden
,
were
matter
of
Liberty
:
But
it
being
only
in
affirmance
of
the
History
of
the
their
Liberty
went
no
further
than
the
usage
,
which
was
to
be
present
only
till
such
Causes
came
to
be
tryed
.
are
as
censures
them
,
like
then
we
must
,
as
I
formerly
did
,
look
to
the
Law
in
the
Case
,
Jan.
Angl.
facies
nova
,
à
p.
186.
to
219.
without
entring
into
the
large
Field
of
Precedents
.
If
the
Canons
require
the
Bishops
not
to
concern
themselves
in
the
Tryals
of
and
those
Canons
have
been
sufficiently
received
to
become
the
Law
of
the
Land
;
which
these
Authors
prove
undeniably
,
then
the
Bishops
Vid.
p.
87
,
183
,
184
,
&c.
must
ever
be
supposed
to
have
been
absent
when
such
matters
came
in
question
in
unless
they
are
mentioned
there
by
name
,
and
cannot
be
comprehended
under
words
common
to
them
with
the
any
more
than
we
can
imagine
that
the
Popish
Lords
,
who
are
excluded
the
Lords
House
by
Act
of
(
yet
still
are
are
Parties
to
any
Judgement
given
by
the
The
Right
of
Bishops
to
judge
in
Capital
Cases
in
Parliament
,
&c.
The
Honours
of
the
Spiritual
Lords
asserted
,
&c.
Sans
Assent
des
Prelates
Without
the
Assent
of
the
Prelates
It
was
disingenious
,
and
a
suppressing
of
truth
,
and
not
setting
things
down
faithfully
by
being
misled
by
the
Printers
misplacing
the
quotation
,
That
the
Lord
Steward
by
the
assent
of
the
King
,
Bishops
and
Lords
,
adjudged
the
said
Earl
guilty
of
Treason
That
the
Lord
Steward
by
the
commandment
of
the
King
and
all
the
Temporal
Lords
,
and
Sr.
empowered
by
the
Prelates
,
and
all
the
Clergy
of
the
Kingdom
,
judged
him
guilty
,
&c.
Robert
Cottons
That
methinks
one
should
not
venture
to
quote
a
Record
upon
any
mans
allegation
without
consulting
the
Record
it self
,
which
,
I
am
sure
he
had
not
done
Robert
Cotton
was
tryed
in
Parliament
,
upon
an
accusation
of
Treason
,
and
found
guilty
;
the
Lords
Spiritual
being
personally
present
,
and
bids
us
see
the
Record
of
it
in
the
But
that
I
have
not
set
it
down
faithfully
,
leaving
out
the
most
considerable
things
in
it
,
because
they
make
against
me
One
of
the
younger
house
of
great
faithfully
and
ingenuously
,
as
I
ought
to
have
done
.
in
omnibus
yet
Attainders
are
matters
of
Blood
;
and
That
it
is
not
material
in
the
Judgment
of
any
considering
person
,
which
way
a
mans
life
is
taken
away
,
whether
by
way
of
Attainder
,
or
by
Impeachment
to
put
an
end
to
all
controversies
That
they
were
sworn
to
the
Pope
and
See
of
and
if
any
thing
were
in
Parliament
attempted
in
restraint
of
the
same
,
they
would
in
no
wise
assent
thereunto
,
but
would
utterly
withstand
the
same
:
William
de
Pole
That
it
should
not
be
nor
turn
in
prejudice
nor
derogation
of
them
,
their
heirs
,
ne
of
their
Successors
in
time
to
come
.
Roger
Mortimer
If
I
say
truth
,
say
nothing
to
the
purpose
.
Les
queur
Counts
,
Barons
&
Piers
les
Articles
per
eur
eramine
;
rebindrent
,
&c.
Which
Earls
,
Barons
and
Peers
having
examined
the
Articles
returned
,
Well
but
I
find
the
contrary
,
Peers
John
Mautravers
For
which
the
said
Peers
of
the
Land
and
Judges
of
Parliament
adjudge
and
award
,
That
the
general
word
is
there
put
after
the
Barons
,
and
being
so
cannot
comprehend
Bishops
,
Roger
de
Mortimers
Dont
le
dit
Sr.
le
Roy
vous
charge
Counts
,
Barons
,
les
Piers
de
son
Royalme
,
que
de
st
come
cest
choses
touchent
principalement
,
a
lui
a
vous
&
a
tout
le
people
,
&c.
Therefore
our
said
Lord
the
King
charges
you
the
Earls
,
Barons
,
Peers
of
his
Realm
,
that
as
these
things
chiefly
concern
him
and
you
and
all
the
people
,
&c.
You
give
righteous
Judgment
.
I
charge
you
the
Earls
,
Barons
,
Peers
of
the
Realm
,
I
charge
you
Earls
and
Barons
who
are
the
Peers
of
the
Realm
)
Les
queux
Countes
,
Barons
&
Piers
,
Simon
de
Bereford
,
John
Mautravers
,
Boeges
de
Bayons
,
Others
to
be
added
to
,
and
joined
with
them
,
Ad
este
adjuge
que
Evesques
ne
sont
include
deins
le
Statute
,
Eliz.
c.
It
hath
been
adjudged
that
Bishops
are
not
included
in
the
Statute
Eliz.
c.
which
saith
,
That
Colledges
,
Deans
and
Chapters
,
Parsons
Vicars
,
and
then
concludes
,
and
Others
having
Spiritual
Promotions
,
that
these
last
words
cannot
include
Bishops
,
for
reasons
before
given
,
which
reasons
are
upon
the
Statute
of
concerning
the
dissolution
of
Abbies
,
which
mentioning
their
coming
into
the
Kings
hand
,
by
Renouncing
,
Relinquishing
,
Forfeiture
,
Giving
up
,
Or
any
other
means
;
this
cannot
be
understood
of
an
Act
of
Parliament
,
which
is
a
higher
way
of
conveyance
,
than
any
of
those
specified
.
Edward
Coke
Seeing
this
Act
begins
with
Abbots
,
and
concludeth
with
other
Religious
Houses
,
Bishops
are
not
comprehended
within
this
Act
,
for
they
are
superiour
to
Abbots
,
and
these
words
,
Other
Religious
Houses
,
shall
extend
to
Houses
inferiour
to
them
that
were
mentioned
before
.
Earls
and
Barons
and
Peers
And
Peers
Barons
,
Earls
,
and
all
other
Peers
Simon
de
Bereford
Item
en
mesme
le
Parlement
si
chargea
nostre
Sur
le
Roy
les
ditz
Countes
,
Barons
&
Piers
a
donner
droit
&
loyal
Iugement
come
affiert
a
Simon
de
Bereford
,
Chebalier
,
Item
,
in
the
same
Parliament
our
Lord
the
King
charged
the
said
Earls
,
Barons
and
Peers
to
give
a
right
and
loyal
Iudgement
upon
Sir
Si
agarderent
&
aviggerent
les
ditz
Countes
,
Barons
&
Piers
,
come
Iuges
du
Parlement
per
assent
du
Roy
que
le
dit
Simon
come
treitre
fast
treisne
&
pendu
.
So
the
said
Earls
,
Barons
and
Peers
,
as
Iudges
of
Parliament
,
did
with
the
Kings
assent
,
award
and
adjudge
Sir
to
be
Drawn
and
Hanged
Les
Piers
de
son
Royalme
,
The
Peers
of
his
Realm
,
Who
are
the
Peers
Being
the
Peers
of
his
Realm
:
Les
queux
Countes
,
Barons
&
Piers
,
&c.
The
which
Earls
,
Barons
,
and
Peers
,
[
and
The
Earls
,
Barons
,
Peers
of
the
Simon
de
Bereford
Earls
,
Barons
and
Peers
[
and
Iohn
Mautravers
Trestouz
les
Piers
,
Countes
&
Barons
,
assemblez
a
ceste
Parlement
a
〈◊〉
on
t
examine
estroitement
,
&
sur
ce
sont
assentuz
&
accordez
que
〈◊〉
est
culpable
All
the
Peers
,
Earls
and
Barons
,
assembled
in
this
Parliament
at
have
strictly
examined
,
and
thereupon
have
agreed
and
accorded
that
is
guilty
All
the
Peers
Si
vous
charge
Countes
,
Barons
,
les
Piers
de
mon
Roialme
,
And
so
I
charge
you
Earls
,
Barons
,
the
Peers
of
my
Realm
,
Earls
and
Barons
All
the
Peers
,
Earls
and
Ba●…ons
,
gave
such
a
Iudgement
:
Le
Roy
●…st
venir
devant
lui
&
les
Prelatz
&
Edward
son
fitz
eisne
Prince
de
Duc
de
Countes
,
Barons
&
Piers
le
Iugement
,
The
King
caused
to
be
brought
before
him
,
and
the
Prelates
,
and
Prince
of
his
eldest
Son
,
and
Duke
of
and
the
Earls
,
Barons
and
Peers
,
the
Iudgement
,
Trestouz
les
Piers
,
Countes
&
Barons
:
All
the
Peers
,
Earls
and
Barons
Roger
de
Mortimer
Boeges
de
Bayons
John
Deuerell
Item
tieu
Iugement
est
assentiez
&
accorde
que
soit
fait
pur
la
cause
sus●…ite
Item
,
The
same
Judgement
was
agreed
to
,
and
accorded
to
be
given
upon
for
the
cause
aforesaid
Thomas
de
Gurney
William
de
Ocle
Concordia
ne
trahatur
in
Consequentiam
:
An
Agreement
that
it
should
not
be
drawn
into
Consequence
:
Simon
de
Bereford
,
John
Mautravers
,
Term.
Pasc.
In
Memor
and.
Scaccarii
inter
Brevia
directa
Baronibus
de
Termino
Sancti
Hillarii
Rot.
Per
ipsum
Regem
&
Concilium
.
The
King
to
the
Treasurer
and
Barons
greeting
.
We
send
you
under
our
Seal
,
certain
Judgements
given
in
our
Parliament
late
at
by
the
Earls
,
Barons
,
and
other
Peers
of
our
Realm
,
upon
and
some
others
;
also
an
Agreement
made
in
the
same
Parliament
by
Our Selves
,
the
foresaid
Peers
,
and
the
whole
Commonaliy
,
concerning
the
matters
aforesaid
;
commanding
you
,
that
the
said
Judgements
and
Agreement
you
cause
to
be
read
in
your
presence
in
our
Court
of
the
Exchequer
,
and
there
to
be
enrolled
in
course
,
and
duly
observed
.
Given
under
our
Test
at
in
the
fifth
year
of
our
Reign
.
Thomas
Berckley
Ponit
se
super
Patriam
Thomas
Berckley
●…tem
en
mesme
le
Parlement
si
prierent
les
Prelatz
,
Countes
〈◊〉
Barons
,
pout
Mr.
a
nostre
Sur
le
Roy
●…il
lui
voustst
deliver
de
meynprise
,
Item
,
in
the
same
Parliament
the
Prelates
,
Earls
and
Barons
besought
the
King
that
he
would
set
Sir
at
liberty
from
his
Mainprize
Les
Seigneurs
&
Communes
si
sont
assentez
:
The
Lords
and
Commons
have
agreed
:
Semble
as
Seigneurs
du
Parlement
:
It
seems
to
the
Lords
of
Parliament
That
the
Justices
of
Gaol
delivery
which
are
sent
down
into
the
several
Counties
,
when
they
enquire
of
Felonies
and
Murthers
,
if
one
of
them
be
a
Clerk
,
then
some
discreet
Knight
of
that
County
shall
be
associate
to
him
that
is
the
Lay-man
,
and
shall
deliver
the
Gaol
.
It
did
not
properly
belong
to
them
to
give
the
King
counsel
for
the
keeping
of
the
Peace
of
the
Kingdome
,
It
did
not
properly
belong
to
them
,
That
it
was
not
at
all
of
their
duty
to
give
such
advice
It
did
not
properly
belong
to
them
John
Grey
William
de
la
Zouch
Les
Grantz
Toutz
les
Countes
,
Barons
,
&
autres
Grantz
en
lour
foies
&
ligeances
,
All
the
Earls
,
Barons
,
and
other
great
men
,
William
Thorp
No
Clerk
should
be
a
Justice
of
Gaol-delivery
for
Tryal
of
Felons
:
Commons
charging
before
the
King
,
Prelates
and
Lords
,
which
was
in
and
parallelling
his
crime
to
that
of
Sir
who
for
it
was
condemned
to
dye
;
upon
which
he
will
infer
that
was
charged
with
a
Capital
crime
,
and
accused
of
it
by
the
Commons
before
the
Prelates
,
as
well
as
before
the
other
Lords
,
who
gave
their
Judgements
upon
it
.
Michael
de
la
Poole
Si
sembla
a
eur
le
Jugement
sur
ceo
rendu
resonable
depuis
qil
se
obligea
mesmes
per
son
serement
a
tiel
penance
fil
feist
alencontre
:
The
Judgement
given
upon
it
,
seemed
to
them
to
be
agreeing
to
reason
,
since
he
had
bound
himself
by
his
Oath
unto
such
a
punishment
,
if
he
did
contrary
to
his
Oath
.
John
Lee's
That
he
was
brought
before
the
Prelates
,
Dukes
,
Earls
,
Barons
,
and
some
of
the
Commons
,
Richard
Lyons
Latimer
,
William
Ellis
John
Peach
Les
Seigneurs
du
Parlement
;
The
Lords
of
Parliament
Per
agard
des
Seigneurs
&
Baronage
;
By
the
Judgement
of
the
Lords
and
Baronage
:
Et
plusours
autres
Setgneurs
,
Barons
&
Bannerettes
;
And
many
other
Lords
,
Barons
and
Bannerets
.
plusours
autres
Seigneurs
En
cest
Parlement
per
les
Prelates
,
&
Seigneurs
,
Piers
du
Parlement
;
By
the
Prelates
,
and
Lords
,
Peers
of
Parliament
William
de
Montague
Ueue
&
leue
la
dite
cedule
en
plein
Parlement
;
The
Schedule
being
seen
and
read
in
full
Parliament
Verba
dare
Verba
,
Words
●…t
plusours
autres
Seigneurs
,
Barons
&
Bannerettes
;
And
many
other
Lords
;
Barons
and
Bannerets
Under
which
probably
the
Lords
Spiritual
might
be
comprised
John
Imperial
That
I
forget
my self
Ralph
Ferrers
Lords
of
Parliament
by
the
Lords
by
assent
of
Parliament
Perquoy
del
a●…ent
des
Countes
,
Barons
&
autres
Seigneurs
Temporelz
presentz
en
ce
Parlement
est
assentuz
&
accordez
que
vous
soiez
en
la
mercile
Roy
,
&
mis
au
fin
&
raunceon
pur
vostre
malfait
solonc
la
quantitée
&
qualitée
dicell
:
Therefore
by
the
assent
of
the
Earls
,
Barons
,
and
other
Lords
Temporal
present
in
this
Parliament
,
it
is
agreed
and
accorded
,
that
you
shall
be
at
the
Kings
mercy
,
and
put
to
Fine
and
Ransome
,
for
your
misdeeds
,
according
to
its
quantity
and
quality
.
Michael
d
la
Poole
That
it
is
not
lawful
for
them
,
nor
any
of
them
,
by
the
institutions
of
the
Holy
Canons
,
to
be
personally
present
,
and
that
of
Right
they
cannot
,
nor
ought
to
be
there
,
and
therefore
they
do
not
intend
in
any
sort
,
quomodolibet
,
to
be
present
,
but
wholly
to
absent
themselves
,
while
those
matters
are
handling
.
of
being
present
and
acting
in
the
said
Parliament
,
as
to
all
things
and
every
thing
befitting
our
State
and
Order
,
always
remaining
unto
us
safe
and
entire
.
Parity
,
or
an
equal
right
with
others
,
Thomas
Haxey
Bundle
of
Words
That
this
Act
shall
not
extend
to
any
Act
or
Ordinance
made
late
indeed
,
and
not
of
right
,
King
of
England
,
de
facto
That
their
Proceedings
might
be
valid
,
and
not
questioned
in
future
Parliaments
by
reason
of
their
absence
,
and
that
divers
Judgements
had
been
reversed
,
because
they
were
not
present
.
Thomas
Montacute
St.
Edmonds-bury
,
Clero
excluso
That
the
King
might
hold
a
Parliament
with
his
Lords
Temporal
and
Commons
,
altogether
without
the
Lords
Spiritual
.
Tout
sans
les
Spirituels
Seigneurs
,
William
de
la
Pool
bringing
me
to
a
sight
of
my self
,
as
did
his
Horse
to
the
Sun
,
that
he
might
not
kick
serve
an
Hypothesis
William
Sautre
That
then
they
acted
in
a
Capital
Case
,
Kent
,
Huntington
Kent
,
Huntington
Disputare
ex
non
concesso
Lords
,
or
Peers
of
Parliament
All
the
Peers
,
the
Earls
and
Barons
being
met
,
All
the
Peers
Sans
queue
All
the
Peers
,
the
Earls
and
Barons
,
Sur
quoy
le
dit
Conte
molt
humblement
remercia
le
Roy
,
&
les
ditz
Seigneurs
ses
Piers
de
lour
droiturel
Iugement
:
Whereupon
the
said
Earl
very
humbly
thanked
the
King
,
and
the
said
Lords
his
Peers
,
for
their
right
Iudgement
.
Humbly
thanked
,
Humbly
reverenceth
the
King
Robert
Cotton's
Henry
Percy
the
Arch-bishop
of
was
present
at
the
former
Iudgement
,
for
in
express
words
he
prayed
the
King
,
that
forasmuch
as
he
and
other
Bishops
were
suspected
to
have
been
of
confederacy
with
that
the
Earl
of
would
now
publish
the
truth
,
whereupon
the
Earl
,
by
the
Kings
command
upon
his
Oath
,
purged
them
all
.
more
solito
That
the
three
Estates
must
concur
to
make
a
Parliament
,
or
the
Third's
title
would
still
be
ambiguous
Plein
Parlament
Kent
,
Huntington
John
Oldcastle
Et
plusieurs
autres
Seigneurs
,
Barons
&
Bannerettes
.
Relinquentes
eum
ex
nunc
Iudicio
seculari
:
Leaving
him
from
henceforward
to
the
Secular
Judgement
John
Mortimer
Guild
hall
Fuit
liberatum
,
It
was
there
delivered
to
them
De
advisamento
dictorum
Dominorum
auctoritate
istius
Parliamenti
ordinatum
est
&
statutum
quod
ipse
usque
ad
Turrim
ducatur
;
By
the
advice
of
the
said
Lords
,
it
was
ordained
and
enacted
by
authority
of
the
said
Parliament
,
and
by
the
advice
of
the
said
Lords
Temporal
,
that
he
should
be
led
to
the
Tower
:
Memorand.
quod
of
this
present
year
,
by
the
advice
of
the
Lords
Temporal
,
and
at
the
Petition
of
the
Commons
in
this
present
Parliament
,
a
certain
Judgement
was
given
upon
Sir
in
the
County
of
Knight
;
the
Record
of
which
Judgement
appears
in
a
Schedule
drawn
by
one
of
the
Justices
of
the
and
fastened
to
this
Roll.
Coram
duce
Bedfordiae
ac
aliis
Dominis
Temporalibus
;
Before
the
Duke
of
and
the
other
Lords
Temporal
John
Mortimer
Hereupon
the
Indictment
being
viewed
and
well
understood
,
it
was
by
the
foresaid
Duke
,
by
the
advice
of
the
said
Lords
Temporal
,
and
at
the
request
of
all
the
Commons
,
ordained
and
decreed
that
the
Indictment
should
be
affirmed
,
and
the
foresaid
stand
convicted
of
his
foresaid
Treasons
,
should
be
carried
to
the
then
drawn
to
the
Gallows
at
and
there
hanged
Tota
Communitas
praefatum
Indictamentum
illud
in
omnibus
fuxta
vim
formam
&
effectum
efusoem
pro
vero
&
fideli
Indictamento
affirmat
,
ac
praefatis
Duci
ac
aliis
Dominis
Temporalibus
supplicat
eadem
Communitas
quatenus
iidem
Dux
&
Domini
Indictamentum
praedictum
pro
vero
&
fideli
Indictamento
affirmare
vellent
,
&
quod
executio
dicti
Iohannis
Mortimer
ut
de
proditionibus
&
feloniis
convicti
fiat
;
The
whole
House
of
Commons
do
affirm
the
foresaid
Indictment
to
be
in
all
points
for
the
force
,
form
and
effect
thereof
,
a
true
and
legal
Indictment
,
and
that
execution
of
the
said
as
of
one
convicted
of
the
said
Treasons
and
Felonies
may
follow
.
because
it
proceeded
not
by
their
advice
and
counsel
:
Precedent
without
debate
Parliament
poit
errer
,
A
Parliament
may
Nicholas
de
Segrave
That
he
hath
not
set
down
things
Faithfully
and
Ingenuously
.
That
here
was
no
Iudicatory
of
Parliament
De
advisamento
Comitum
,
Baronum
,
Magnatum
,
&
aliorum
:
By
the
advice
of
the
Earls
,
Barons
,
Nobles
,
and
others
.
Nicholas
de
Warwick
And
then
the
King
willing
to
have
the
advice
of
the
Earls
,
Barons
,
Nobles
,
and
others
of
his
Counsel
,
enjoyned
them
upon
the
Homage
,
Fidelity
and
Allegiance
which
they
owed
him
,
to
give
him
faithful
Counsel
,
what
punishment
was
fit
to
be
inflicted
upon
such
a
fact
so
confessed
:
Who
all
of
them
upon
a
serious
debate
,
and
advising
upon
the
matter
,
and
well
weighing
all
the
particulars
of
it
,
and
what
was
by
the
said
plainly
and
expressly
acknowledged
,
do
say
,
That
such
a
man
deserved
to
lose
his
life
.
Dominus
Rer
tamen
de
gratia
sua
speciali
pietate
motus
,
malens
vitam
quam
mortem
eorum
,
qui
se
voluntati
suae
submittunt
,
remittit
eidem
Nicholao
Iudicium
vitae
&
membrorum
.
But
the
King
moved
by
his
special
grace
and
piety
,
desiring
rather
the
life
than
the
death
of
those
that
submit
to
his
will
,
did
remit
unto
the
said
the
Judgement
of
loss
of
Life
or
Member
.
such
a
man
deserved
death
ab
ovo
usque
ad
mala
They
were
sworn
to
the
Pope
,
and
to
that
See
,
and
they
would
oppose
whatever
the
King
,
and
the
Temporal
Lords
should
do
.
En
restriaion
del
Poair
Apostoliqué
ou
derogagation
de
la
libertoe
de
Saina
Eglise
;
In
restraint
of
the
Power
Apostolick
,
or
derogation
of
the
Liberty
of
Holy
Church
.
to
assert
the
Kings
natural
right
to
command
his
Subjects
to
serve
him
upon
any
emergency
,
and
so
to
make
Clergy-men
Justitiaries
,
if
he
see
cause
for
it
:
more
solito
It
is
usual
with
me
to
let
fall
expressions
to
vilifie
Testimonies
and
Precedents
when
they
make
against
me
Blind
Manuscript
Blind
Manuscript
The
Arch-bishop
is
questioned
for
Treason
against
the
Crown
of
the
King
,
because
he
was
summoned
by
the
King
in
the
Cause
of
(
that
is
one
who
complained
that
the
Arch-bishop
had
done
him
injustice
in
his
Court
)
and
he
neither
came
,
nor
had
sifficiently
excused
himself
upon
sickness
,
or
any
other
just
reason
which
might
necessarily
hinder
him
,
whereupon
he
was
condemned
to
forfeit
his
personal
estate
,
and
the
Bishops
and
Barons
not
agreeing
who
should
pronounce
the
sentence
,
they
putting
it
off
from
one
to
another
,
at
last
the
King
commanded
the
Bishop
of
to
do
it
Gervasius
Dorobernensis
Gervasius
Dorobernensis
The
King
commanded
the
Prelates
and
Nobles
of
the
Kingdome
,
together
with
the
Arch-bishop
himself
,
to
meet
at
where
the
Arch-bishop
was
accused
of
many
things
;
first
,
that
he
had
not
fully
done
justice
to
one
that
had
a
suit
before
him
;
then
that
upon
this
occasion
being
called
into
the
Kings
presence
,
he
neglected
to
come
.
To
this
the
Arch-bishop
made
answer
,
That
had
all
the
justice
done
him
that
was
due
to
him
,
that
he
had
illegally
defamed
his
Court
,
that
he
would
not
swear
upon
the
Evangelists
,
as
the
custome
is
,
but
upon
an
old
Song-book
which
he
brought
with
him
.
But
that
being
upon
this
summoned
,
he
came
not
into
the
Kings
presence
,
was
not
upon
any
contempt
,
but
that
he
was
hindred
by
a
great
sickness
,
and
that
he
had
excused
himself
by
two
competent
witnesses
whom
he
had
sent
for
that
purpose
;
yet
this
served
not
his
turn
,
but
Curiali
Iudicio
&
Episcoporum
consensu
condemnatus
est
;
He
was
condemned
by
the
Iudgement
of
the
Court
,
the
Bishops
consenting
to
it
,
that
all
his
personal
estate
should
be
at
the
Kings
disposing
.
Crimen
laesae
Majestatis
Coronae
Regiae
Roger
de
Hoveden
He
saith
,
That
the
King
calling
a
great
Council
at
Taedium
magnum
fecit
Archiepiscopo
,
did
a
thing
which
much
vexed
the
Arch-bishop
,
which
was
,
that
he
caused
his
Horses
to
be
put
into
the
Arch
bishops
Inn
,
whereupon
the
Arch-bishop
sent
the
King
word
,
that
he
would
not
come
to
the
Council
till
his
Inn
was
cleared
of
those
Horses
;
yet
upon
the
second
day
of
the
meeting
,
the
Arch
bishop
came
into
the
Chapel
where
the
Council
sate
,
and
there
desired
the
Kings
leave
,
that
he
might
go
over
into
to
visit
Pope
who
was
then
there
,
which
the
King
denied
him
,
and
said
he
should
first
answer
for
the
injustice
he
had
done
to
the
Marshal
,
in
his
Court
:
This
having
complained
to
the
King
,
that
he
had
had
a
long
suit
in
the
Arch
bishops
Court
for
some
Land
he
held
of
him
,
and
could
have
no
Iustice
,
and
that
thereupon
,
Curiam
Archiepiscopi
Sacramento
falst
ficaverat
secundum
consuetudinem
Regni
:
He
had
,
according
to
the
custome
of
the
Kingdom
,
upon
Oath
charged
the
Court
with
wrong
doing
The
Arch-bishop
answered
to
this
,
That
had
no
injustice
done
him
,
and
that
he
brought
into
the
Court
a
certain
strange
Book
,
and
would
swear
upon
that
;
how
for
want
of
Iustice
,
he
left
my
Court
,
which
the
Officers
that
kept
my
Court
,
looked
upon
as
an
injury
done
to
me
,
because
it
is
the
Law
of
the
Kingdome
,
Quod
qui
Curiam
alterius
falsificare
voluerit
,
oportet
eum
jurare
super
sacrosancta
Evangelia
:
Whoever
will
so
charge
a
Court
with
false
dealing
,
must
take
his
Oath
upon
the
Holy
Evangelists
.
Notwithstanding
this
,
the
King
swore
he
would
have
Iustice
done
upon
him
.
Et
Barones
Curiae
;
And
the
Barons
of
the
Court
gave
Iudgement
on
him
to
be
at
the
Kings
mercy
:
Which
Iudgement
the
Arch-bishop
going
about
to
reverse
,
(
Iudicium
illud
falsificare
,
He
was
perswaded
by
the
Barons
to
submit
himself
to
the
Kings
mercy
for
a
Fine
of
five
hundred
pounds
.
Barones
Curiae
Regis
judicaverunt
eum
Radulphus
de
Diceto
Decanus
Londinensis
That
the
Arch-bishop
was
questioned
upon
the
Marshals
complaint
,
and
fined
l.
and
that
he
was
questioned
likewise
for
moneys
received
by
him
,
when
he
was
Chancellour
,
for
some
Bishopricks
and
Abbies
,
of
which
he
had
received
the
profits
,
during
their
vacancies
,
and
that
Proceres
,
the
Nobles
a
Iudgement
against
him
,
though
he
confessed
nothing
,
nor
was
at
all
convicted
.
Matthew
Paris
Generale
Concilium
Cleri
&
Populi
Thomas
Percy
Edward
Cooke
En
respect
de
lour
possession
se
launcient
Baronies
anneres
a
lour
dignitées
:
In
respect
of
their
possessions
,
the
ancient
Baronies
annexed
to
their
dignities
.
Simon
de
Bereford
Iohn
Mautravers
Ne
seroient
mes
tenus
ne
charges
a
rendre
Iugements
sur
autres
,
que
sur
lur
Piers
:
Should
not
be
bound
nor
charged
to
give
Iudgement
upon
any
but
their
Peers
.
Stephen
Gravesend
Iohn
de
Wymburne
Fitz
Stephen
ratione
tenementi
non
personae
Isle
of
Man
Edward
Cooke
in
Capite
Barones
Majores
Barones
Minores
Iohn
de
Beauchamp
Elizabeth
Gray
Ellianor
Bottiler
That
they
were
not
to
grant
any
Aid
by
Parliament
,
but
of
their
own
free
wills
,
and
therefore
willed
the
Commons
to
do
their
duties
,
and
they
would
do
theirs
.
Les
Spiritual
Seignieurs
nont
ascun
place
en
●…e
Parlament
chamber
per
reason
de
lour
Spiritualtie
mes
solement
per
reason
de
lour
temporal
possessions
:
The
Lords
Spiritual
have
no
place
in
the
Parliament
chamber
by
reason
of
their
Spiritualty
,
but
by
reason
of
their
Temporal
possessions
.
Due
nostre
Sur
le
Roy
poit
assetz
bien
tener
son
Parlement
per
luy
,
&
ses
Temporal
Seigniors
&
per
ses
Commons
,
tout
sans
les
Spirituals
Seigniors
:
Our
Lord
the
King
can
hold
his
Parliament
himself
with
his
Temporal
Lords
,
and
his
Commons
,
wholly
without
the
Lords
Spiritual
.
The
Grand
Question
concerning
the
Bishops
right
to
vote
in
Parliament
in
Cases
Capital
,
Stated
and
Argued
Whether
the
Bishops
may
be
present
and
vote
Judicially
in
Capital
Cases
which
come
to
be
judged
in
Parliament
,
either
in
giving
the
Judgement
it self
,
or
in
resolving
and
determining
any
circumstance
preparatory
,
and
leading
to
that
Judgement
.
That
Bishops
do
sit
in
Parliament
by
vertue
of
their
Baronies
,
and
are
bound
to
serve
the
King
there
.
That
they
sit
by
the
same
kind
of
Writ
,
that
other
Barons
do
.
That
they
have
their
Votes
in
Bills
of
Attainder
,
acting
in
their
Legislative
capacity
,
which
is
as
much
a
Case
of
Blood
as
the
other
,
and
perhaps
as
much
forbidden
by
the
Canon
.
Edw.
Cooke
Thomas
Gaudy
Contra
morem
&
Consuetudinem
Regni
France
,
Spain
,
Germany
England
.
Brompton
It
appertains
of
right
to
a
Bishop
to
promote
that
which
is
right
,
both
concerning
God
and
the
World
.
He
ought
likewise
diligently
,
together
with
the
Secular
Judges
,
to
promote
Peace
and
Concord
.
The
Bishop
ought
to
be
present
in
Judgement
with
the
Secular
Judges
,
not
to
suffer
any
buds
of
wickedness
to
sprout
,
if
he
can
hinder
it
.
Henry
Spelman
Comes
.
The
Earl
did
preside
in
that
County
Court
,
not
alone
,
but
joyned
with
the
Bishop
;
he
to
deliver
what
was
Gods
Law
,
the
other
what
was
Mans
Law
,
and
that
the
one
should
help
and
counsel
the
other
:
Especially
the
Bishop
to
do
it
to
the
Earl
,
for
it
was
lawful
for
him
sometimes
to
reprove
the
other
,
and
to
reduce
him
,
bring
him
into
order
if
he
went
astray
.
That
the
Earl
had
not
cognizance
of
great
mens
businesses
,
for
such
matters
are
to
be
brought
into
the
Kings
Courts
,
he
only
judges
poor
mens
Causes
.
Hence
it
is
,
that
by
our
Law
,
Actions
for
Debts
and
Trespasscs
are
not
to
be
commenced
in
the
County
Court
,
if
it
be
for
above
the
value
of
Communi
Concilio
Archiepiscoporum
suorum
&
raeterorum
Episcoporum
,
&
Abbatum
,
&
omnium
Principum
regni
sui
:
In
a
Common
Council
,
by
the
advice
of
his
Arch
bishops
,
and
the
rest
of
the
Bishops
and
Abbots
,
and
all
the
great
men
of
the
Kingdom
:
Wherefore
I
command
you
,
and
enjoyn
you
by
my
Royal
authority
,
that
no
Bishop
nor
Arch
deacon
presume
to
hold
Plea
in
the
Hundred
Court
any
more
upon
the
Episcopal
Laws
,
nor
bring
any
Cause
that
pertains
to
the
rule
of
Souls
before
the
Judgement
of
Secular
persons
,
but
that
whoever
is
questioned
according
to
the
Episcopal
Laws
for
any
misdemeanour
or
fault
,
shall
come
to
that
place
which
the
Bishop
shall
chuse
and
nominate
for
that
purpose
,
and
there
shall
make
answer
for
himself
,
and
not
in
the
Hundred
Court
,
but
shall
,
according
to
the
Canons
,
and
the
Episcopal
Laws
,
do
that
which
is
just
and
right
both
to
God
and
to
his
Bishop
.
Is
there
not
a
wise
man
among
you
,
no
not
one
that
shall
be
able
to
judge
between
his
Brethren
?
If
then
ye
have
judgement
of
things
pertaining
to
this
life
,
set
them
to
judge
who
are
least
esteemed
in
the
Church
.
Good
men
he
saith
will
hearken
to
us
,
and
seldome
trouble
us
with
their
Secular
affairs
,
but
others
,
qui
inter
se
pertinaciter
agunt
,
&
quando
bonos
premunt
,
nostra
Iudicata
contemnunt
,
faciunt
que
nobis
perire
tempora
rebus
eroganda
divinis
:
Petrus
Blesensis
ideo
immunes
à
culpa
reputant
,
quod
mortis
aut
truncationis
membrorum
Iudicium
discernentes
,
à
prounciatione
duntaxat
&
executione
poenalis
sententiae
se
absentant
.
Sed
quid
hac
simulatione
perniciosius
est
?
Nunquid
discutere
&
definire
licitum
est
,
quod
pronunciare
non
licet
?
This
provokes
Gods
wrath
,
and
heaps
up
upon
many
a
danger
of
damnation
,
that
some
of
the
prime
of
Church-men
,
and
Elders
of
the
People
,
though
they
do
not
dictate
Iudgements
of
Blood
,
yet
they
debate
them
,
and
dispute
of
them
,
and
therefore
repute
themselves
free
from
fault
,
in
regard
they
have
withdrawn
themselves
from
being
present
,
at
the
pronouncing
and
giving
order
for
the
execution
of
the
penal
Iudgement
,
though
they
had
before
agreed
to
the
punishment
of
Death
,
or
loss
of
Limbs
.
But
what
can
be
more
pernicious
than
such
dissembling
?
Can
it
be
lawful
to
debate
and
to
determine
a
thing
,
which
it
is
unlawful
to
pronounce
?
Then
he
compares
them
to
King
that
had
resolved
upon
the
destruction
of
but
would
not
that
his
hand
should
be
upon
him
,
but
that
he
should
fall
by
the
hands
of
the
or
to
the
Scribes
and
Pharisees
,
that
cryed
out
against
our
Saviour
,
Crucifie
him
,
Crucifie
him
,
but
said
it
was
not
lawful
for
them
to
put
any
man
to
death
.
Matthew
Paris
in
Iudicio
Petrus
Blesensis
in
Terminis
Grand
Question
THis
Tractate
which
is
now
made
publick
,
was
written
soon
after
the
Publication
of
that
Book
intituled
,
&c.
It
hath
lain
by
the
Author
many
Months
,
and
should
still
have
continued
in
the
Dark
had
not
the
unseasonable
thrusting
into
the
World
of
a
Book
,
called
,
For
their
Right
to
that
place
in
the
Government
they
now
enjoy
(
by
one
Esq
)
stirred
up
the
Pens
of
others
,
and
the
desire
of
Friends
,
me
among
them
,
to
assert
,
as
I
believe
,
the
contrary
Truth
.
I
assure
the
Reader
;
I
did
not
at
all
guess
the
Author
of
the
when
I
took
into
my
thoughts
the
Consideration
of
his
Book
.
Fame
hath
since
put
it
upon
a
Person
of
so
great
Worth
and
Learning
in
all
sorts
of
Literature
,
and
for
whom
I
have
not
only
a
particular
Honour
my self
,
but
the
present
and
future
Times
will
look
upon
as
one
of
the
greatest
Champions
of
the
Church
against
Popish
Superstition
and
Idolatry
.
I
should
difficultly
have
been
engaged
in
this
Contest
,
did
I
not
know
the
Modesty
and
Ingenuity
of
this
Learned
Person
is
so
great
,
that
he
will
not
take
it
ill
to
have
his
Reasons
examined
by
a
far
less
knowing
Pen
,
which
shall
be
always
ready
to
submit
to
better
Judgments
.
I
have
examined
this
Author
,
Chapter
by
Chapter
,
have
given
Answers
to
his
Reasons
,
and
shewed
the
Infirmity
of
those
Records
he
hath
thought
proper
to
urge
for
his
Opinion
,
and
have
given
some
other
of
my
own
,
not
taken
notice
of
by
him
,
I
hope
material
to
that
end
for
which
they
are
alleged
:
I
was
not
willing
to
trust
too
much
to
Abridgments
;
nor
had
either
the
Time
or
Convenience
to
search
the
Originals
,
and
therefore
had
recourse
for
some
to
a
very
near
Relation
of
my
own
,
who
is
well
stored
with
that
sort
of
Treasure
,
and
who
never
denied
me
the
use
of
any
thing
in
his
well-furnish'd
Library
I
desired
from
him
.
Truth
is
but
one
;
but
Men
may
vary
in
their
Apprehensions
concerning
it
.
As
to
others
which
I
could
not
be
supplied
with
from
him
,
I
must
acknowledg
my self
deeply
obliged
to
my
much
honoured
,
and
very
learned
Friend
,
Mr.
of
the
Inner
Temple
,
who
was
not
only
pleased
to
read
over
the
ensuing
Treatise
,
but
to
give
me
the
sight
of
a
rich
Magazine
of
the
Transcripts
of
Records
which
he
hath
fairly
written
by
him
,
as
also
to
give
me
the
Copies
of
some
,
necessary
to
my
purpose
,
which
I
either
had
not
,
or
not
so
fully
as
from
him
.
The
Wrold
hath
already
seen
something
of
his
,
and
may
in
due
time
expect
more
,
in
Reply
to
the
learned
Dr.
in
whom
I
find
various
and
useful
Learning
,
but
(
if
I
may
have
leave
to
say
so
)
one
misled
in
some
measure
by
different
Notions
of
Words
,
and
Interpretations
of
them
,
contrary
to
their
known
and
common
Acceptation
.
Some
part
of
his
Book
hath
been
already
considered
by
the
Author
of
But
the
intire
Answer
to
it
we
must
expect
from
Mr.
who
hath
favoured
me
with
the
sight
of
a
short
Specimen
of
a
greater
Work
to
follow
.
I
must
not
here
forget
my
very
deserving
,
and
worthy
Friend
Mr.
whose
Assistance
I
received
in
transcribing
some
Records
for
me
.
He
is
a
Person
whom
God
hath
endowed
with
a
good
Estate
,
and
a
large
measure
of
Knowledg
,
for
the
few
Years
he
hath
hitherto
spent
in
the
World
,
and
who
(
I
speak
it
to
the
shame
of
most
of
our
young
Men
)
spends
his
time
in
Studies
useful
to
himself
and
to
the
Kingdom
in
which
he
lives
.
Having
already
seen
from
his
youthful
Labours
so
good
Effects
,
we
may
well
expect
from
his
more
mature
Judgment
things
of
greater
Advantage
to
the
learned
part
of
this
Nation
.
But
let
us
now
return
to
Mr.
a
good
Protestant
he
appears
to
be
in
his
Postscript
,
which
in
these
unconstant
times
deserves
Commendation
;
and
in
his
Book
,
he
shews
himself
a
Man
of
various
reading
and
learning
,
with
a
competent
Knowledg
in
the
Tongues
,
but
otherwise
,
if
I
much
mistake
not
,
a
Man
of
confused
,
and
undigested
Notions
,
by
which
he
forces
things
to
serve
his
turn
,
contrary
to
their
true
meaning
,
from
meer
Conjectures
and
Surmises
of
his
own
,
without
any
colour
of
Demonstration
.
His
whole
Book
consists
of
three
Parts
,
Argumentative
,
Invective
,
or
Reproachful
and
Extravagant
,
or
Conjectural
.
I
cannot
compare
his
Argumentative
Part
better
than
to
a
gleaning
after
a
full
Vintage
.
There
is
nothing
in
it
which
had
not
been
soreseen
by
the
Author
of
the
and
pressed
by
him
with
much
more
Learning
,
Subtilty
,
and
Closeness
of
arguing
,
or
else
wholly
left
out
as
unconclusive
to
the
matter
he
had
in
hand
;
of
whom
it
may
be
said
,
what
was
once
of
in
another
Case
What
is
by
me
said
in
answer
to
his
Arguments
in
this
Treatise
,
must
be
left
to
the
Judgment
of
such
as
shall
read
it
.
The
second
Part
is
invective
,
reproachful
,
and
unsavoury
,
in
which
I
would
advise
no
Writer
to
follow
his
Steps
.
Soft
Words
,
and
strong
Arguments
,
may
convince
a
Reader
,
whom
railing
Language
will
but
exasperate
.
I
shall
name
some
few
of
that
sort
,
that
he
may
not
think
I
accuse
him
falsly
.
In
his
Preface
he
blames
the
Author
of
the
for
treating
his
Adversaries
too
kindly
who
deserved
sharper
Reflections
then
he
hath
given
them
.
'T
is
plain
by
the
Page
of
his
Book
,
that
he
knew
the
Octavo
Gentleman
,
as
he
calls
him
,
on
whom
he
there
ironically
bestows
the
Title
of
discrect
Gentleman
,
and
instances
in
his
Talk
against
Bishops
,
when
he
was
young
,
which
he
could
not
leave
when
he
was
old
.
This
Person
he
charges
with
Falshood
,
unrighteous
dealing
,
imposing
upon
the
People
,
Self-Condemnation
,
undue
Art
,
and
such
Stuff
,
with
a
design
to
shut
the
Bishops
out
of
the
House
;
an
Extravagant
Surmise
of
his
own
,
without
any
Colour
given
by
the
Author
of
the
Leter
want
of
Candor
,
Integrity
Iniquity
,
Prevarication
,
Petulancy
,
Spight
,
inveterate
Displeasure
,
Grinning
,
whetting
his
Teeth
,
and
squinting
upon
them
with
an
evil
Eye
,
with
much
other
such
Language
throughout
his
Book
,
which
the
Reader
may
observe
,
if
he
pleases
.
He
ought
,
with
more
Reason
,
to
have
considered
the
Age
,
the
Quality
,
the
Place
,
beld
at
Court
,
the
Service
he
had
done
his
Country
both
at
home
and
abroad
,
rather
than
to
have
loaden
the
Ashes
of
a
dead
Noble-Man
,
with
Revilings
railing
Language
and
Reproaches
,
who
was
known
to
be
a
Person
of
so
great
Worth
,
and
Experience
.
The
Reader
will
pardon
this
Warmth
in
me
;
when
I
hear
a
Person
,
now
at
rest
,
so
slighted
,
who
,
had
he
been
alive
,
this
little
Gown-man
durst
not
have
approached
without
marks
of
Reverence
,
and
Submission
.
But
let
us
allow
him
to
make
up
the
shortness
of
his
Reasoning
by
the
length
of
his
Railing
.
Thirdly
,
His
Extravagancies
are
so
numerous
,
that
nigh
every
Leaf
hath
somewhat
or
other
of
that
Nature
,
Conjectures
,
and
Surmises
,
without
any
manner
of
Proof
,
must
pass
for
Demonstrations
.
One
while
the
Bishops
are
Spiritual
Barons
,
a
Title
I
never
remember
given
to
them
;
nay
,
not
so
much
as
Lords
Spiritual
till
the
time
of
Another
time
Feudal
Barons
,
and
that
there
was
no
other
than
Feudal
Nobility
:
Sometimes
they
are
yet
not
enobled
in
Blood
,
nor
their
Honour
conferred
upon
them
by
any
actual
Ceremony
,
or
otherwise
esteemed
than
Barons
by
Tenure
;
and
that
the
Conqueror
intended
that
as
an
Honour
,
which
themselves
,
and
all
other
Historians
complain
of
as
a
Burthen
.
That
the
Bishops
in
Parliament
are
a
full
third
Estate
;
and
yet
we
know
Acts
are
good
when
they
are
either
excluded
absent
,
or
oppose
the
passing
them
;
and
yet
they
never
represented
any
but
themselves
.
Sometime
he
is
troubled
that
the
Nomination
of
the
Bishops
is
in
the
King
.
These
things
cursorily
observed
by
me
,
makes
his
whole
Book
appear
an
indigested
Lump
,
fit
to
be
lick'd
over
,
if
so
it
may
be
brought
into
any
form
.
'T
is
not
unlike
a
Lottery
,
where
after
a
hundred
Blanks
,
you
may
chance
get
a
Prize
:
But
I
shall
leave
a
further
Examination
of
his
crude
Notions
to
another
Hand
,
who
may
be
more
concerned
to
detect
his
Errors
than
I
am
:
However
,
I
cannot
omit
the
taking
notice
of
his
pompous
Title
;
●…tis
indeed
a
Their
Right
in
that
place
in
the
Government
they
now
enjoy
:
which
Fancy
is
confirmed
by
a
Consequence
of
his
own
making
,
That
the
Bishops
cannot
be
detruded
from
that
Place
they
bear
in
the
Constitution
of
the
Government
:
for
that
no
Government
can
legally
,
or
by
any
lawful
Power
be
changed
,
but
must
remain
for
ever
once
established
,
and
it
cannot
be
less
then
Treason
of
State
to
attempt
a
Change
.
No
Authority
in
the
World
is
competent
to
make
any
Alteration
.
How
false
this
Position
is
,
he
will
find
,
if
he
consult
the
frequent
Change
of
Governments
since
the
Creation
,
in
the
nay
,
in
our
Britannick
State
,
with
many
others
in
all
parts
of
the
World
.
Neither
can
I
imagine
this
Maxime
can
serve
him
to
any
other
end
,
than
to
arraign
those
Parliaments
who
have
made
Laws
without
them
,
or
that
in
which
by
Act
took
away
their
Seats
in
that
House
.
And
lastly
,
to
accuse
those
as
Traitours
to
the
State
,
if
any
hereafter
shall
attempt
it
.
I
am
confident
,
no
Parliament
will
endeavour
to
take
from
them
their
just
Right
;
but
to
say
they
cannot
,
and
that
the
Government
cannot
then
subsist
,
is
as
absurd
,
as
the
other
is
unlikely
.
I
must
further
observe
,
that
this
Author
doth
upon
all
Occasions
blame
those
Persons
,
who
deny
the
Prelates
that
judicial
Power
in
Capital
Cases
he
would
place
in
them
as
Enemies
to
the
Government
;
whereas
he
ought
to
know
,
that
He
that
gives
them
Authority
in
all
things
that
are
clear
,
and
denies
it
them
in
dubious
,
doth
more
asserttheir
Right
,
then
he
that
by
giving
it
them
in
all
things
,
doth
rather
perplex
it
.
I
have
now
done
with
this
unwary
Writer
,
who
whilst
he
seems
so
zealous
for
the
Government
,
doth
himself
in
the
main
part
of
it
unhinge
,
and
destroy
it
.
Doth
he
not
,
endeavour
to
destroy
the
most
ancient
Court
of
Chancery
,
which
he
calls
both
a
Reproach
,
and
Grievance
to
the
Nation
?
Doth
he
not
spend
some
Leaves
to
shew
how
this
may
be
effected
?
by
setting
up
as
many
Chancellours
as
there
shall
be
Judges
in
Courts
,
which
must
in
the
end
,
be
either
wholly
useless
,
or
run
us
upon
an
Arbitrary
way
of
proceeding
,
and
put
an
end
to
all
our
ancient
way
of
Trials
by
Iuries
,
and
leave
all
in
the
Breast
of
the
Iudg
to
determine
.
Let
him
not
now
think
to
take
off
the
Envy
of
this
by
a
fawning
commendation
of
our
present
Lord
Chancellour
.
I
am
so
well
acquainted
with
the
great
Abilities
,
and
large
Endowments
of
that
Noble
Person
,
that
I
doubt
not
but
his
just
Decrees
in
that
Court
will
remain
as
perpetual
Testimonies
of
his
Conscientious
Iustice
,
and
Equitable
Distribution
of
it
in
that
place
in
which
he
is
now
settled
.
Nor
can
I
believe
he
will
be
pleased
with
any
,
tho
never
so
due
Commendations
,
to
the
Disparagement
of
his
worthy
Predecessors
,
or
such
as
hereafter
may
succeed
him
in
the
most
Honourable
Station
in
which
he
now
is
worthily
placed
.
Grand
Question
Nobilitas
Major
Barones
adscriptij
in
Capite
Barones
Regis
in
Capite
Barones
Regis
Barones
minores
Barones
Minores
in
Scall
.
Thomas
de
Furnival
in
Cap.
per
Baroniam
tenere
de
Rege
in
capite
habere
possessiones
sicut
Baroniam
Seld.
Tit.
Hon.
Cook
,
Hakewell
Matth.
Paris
(
eatenus
)
at
that
time
in
that
respect
Seld
Tit.
Hon.
Matth.
Paris
Servitium
Baroniae
Mat.
Paris
in
cap.
per
Baroniam
Nobilitas
Major
Nobilitas
Major
Selden's
Tit.
of
Knights
Iohn
Beauchamp
praefecimus
volentes
quod
idem
&
Barones
de
Seld.
Tit.
Hon.
edit
.
in
fol.
Charles
Longuevile
de
Grey
Susanna
,
Charles
Henry
Yelverton
Easton
.
Manduit
Charles
Yelverton
Minor
,
Susanna
Lord
Grey
Minor
Baron
Radulphus
de
Camois
Claus.
Memb.
in
dors.
Thomas
Camois
●…ls
.
edit
in
Cap.
(
viz.
in
Cap.
Tit.
Hon.
(
viz.
in
Cap.
in
Cap.
Barones
Majores
Barones
Minores
Gervasius
,
Tilburiensis
in
Cap.
in
Cap.
Matth.
Paris
in
Capite
in
Capite
Hakewell
.
Summoneri
debent
omnes
,
&
singuli
Comites
,
&
Barones
,
&
eorum
Pares
.
Register
of
Writs
Wittena
Gemot
Edward
Cook
Rights
of
the
Crown
Non
sedemus
hic
Episcopi
,
sed
Barones
;
nos
Barones
,
&
vos
Barones
,
pares
hic
sumus
.
Seld.
Tit.
Hon.
N.
B.
in
Cap.
sicut
Baroniam
Lincoln
,
Oxford
in
Capite
Petrus
Blesensis
Pet.
Blesens
.
yy.
Prelates
,
and
Clergy
of
the
Province
of
orderly
assembled
in
a
Provincial
Synod
,
or
Convocation
—
may
be
ratified
,
and
confirmed
in
your
Highness's
Courn
of
Parliament
—
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
That
to
sit
in
Iudgment
with
the
Lords
is
not
against
Modus
,
pag.
Nobilitas
Major
Rush.
Hist.
Collect.
N.
B.
Man
,
who
made
me
a
Judge
,
and
a
Divider
Ep.
Tim.
No
man
that
warreth
intangleth
himself
with
the
Affairs
of
this
Life
,
that
he
may
please
him
that
hath
chosen
him
to
be
a
Souldier
.
Hugo
Grotius
Qui
includit
omne
excludit
nihil
Honour
of
the
Lords
Spiritual
asserted
,
Il
Nipotismo
Father
Paoles
de
materie
ecclesi●…
Petrus
Blesensis
Capitalis
Justiciarius
Clarendon
,
Tit.
Hon.
part.
Instit.
ch.
Edw.
the
Confessor
Edward
Cook
Coo.
Cawdreys
Roger
Twysden
Mat.
Paris
Oxford
,
Anno
The
Honour
of
the
Lords
Spiritual
Edward
Coo.
Instit.
p.
Stat
circumspecte
agatis
Rejoinder
,
p.
Vide
Iournal
of
Parl.
pag.
The
Rights
of
the
Bishops
Grand
Question
the
ancient
Rights
of
the
Commons
of
Pref.
pag.
Gervasius
Dorobornensis
.
pag.
commisit
ei
Dorobornensem
ecclesiam
Inter
com
.
T.
Hill
.
penes
remem
.
in
Scacc.
in
dors.
rot.
claus.
Consideratum
Cur.
Regis
,
&
totum
Parl.
Aula
Regis
(
viz.
the
Bishops
Rights
Matt.
Paris
Stephen
,
Anno
Matt.
Paris
Seld.
tit
.
hon.
part
Gerv.
Doroberniensis
in
Judicio
Matt.
Paris
Quousque
usque
quo
,
dummodo
,
praeterquam
,
judicium
Parium
Iani
Angl.
fac
.
nov
.
pag.
In
English
.
(
viz.
the
King's
Courts
in
the
plural
.
Perveniatur
Edward
Cook
Selden
,
Tit.
Hon.
Edward
Coke
,
cap.
de
Asportatis
Relig.
Mod.
ten
.
pag.
Duousque
perveniatur
ad
diminutionem
judiciis
preterquam
judicio
sanguinis
Fitz.
ca.
quousque
perveniatur
ad
judicium
debent
interesse
Inst.
pag.
Will
.
Dugdale
Cases
of
Blood
Petrus
Blesensis
Petrus
Blesensis
q●…
〈◊〉
Pet.
Bl●…n
de
institutione
Episcopali
.
pag.
Petrus
Blesensis
Seniores
Populi
Baronagium
,
Clearus
,
&
Populus
,
S.
Dominick
Seniores
Populi
Seniores
Populi
N.
B.
Hurt
,
p.
Will
.
Fitz-Stephen
Northam
ton
ro
causa
Nor.
Normandy
N.
B.
Jani
Anglor
.
facies
nova
,
p.
infra
nominat
.
praesente
etiam
ipso
Northampton
,
Ipsa
die
venimus
Northamptoniam
,
Fitz-Stephen
,
cap.
in
Capite
Barones
minores
Archiepiscopi
ratio
nulla
est
habita
Robert
Lucy
Hoveden
,
Giraldus
Cambrensis
,
Mat.
Paris
,
Mat.
Westm.
Rishanger
,
Mag.
Charta
Stephen
Langton
Selden
,
Priv.
of
Bar.
ca.
Inst.
pag.
Linw.
lib.
Ne
Cler.
vel
Mon.
Seld.
pri.
Bar.
cap.
Edward
Cook
avite
consuetudines
Gervasius
Dorobernensis
Roger
Hoveden
Gervas
.
Dorbernensis
years
after
,
and
In
the
and
others
that
have
right
N.
B.
to
be
there
in
this
present
after
our
accustomed
manner
(
because
according
to
the
Law
we
cannot
nor
ought
not
)
be
present
in
this
present
Parliament
whilst
such
matters
are
,
or
shall
be
treated
of
:
all
together
absent
our selves
our
,
and
their
order
in
all
things
allways
preserved
.
cannot
,
nor
ought
not
Mr.
Hunt
de
jure
non
possumus
That
all
Laws
to
be
made
in
their
forced
Absence
should
be
void
:
that
they
should
be
good
more
solito
William
Baker's
ult.
Edit
ad
impossibile
de
jure
non
possumns
Cases
of
Blood
matter
of
Blood
Modus
Tenend
.
pag.
matter
of
Blood
Error
temporis
inter
Petit
conn●…
Edward
Coke
Instit.
cap.
de
Asportatis
religiosor
.
pag.
Grand
Questionist
the
Bishops
ought
not
to
be
present
at
any
Debate
concerning
the
Earl
of
or
the
Lords
in
the
Tower
,
by
them
impeached
of
Treason
.
Journ.
of
Parl.
pag.
when
their
Lordships
proceeded
to
examine
Guilty
,
or
Not
Guilty
Vid.
Co.
Inst.
de
Asport
.
Relig.
Selden's
Privil
.
of
the
Seld.
Priv.
Bar.
Els.
Mod.
Hon.
of
the
Lords
Spir.
Els.
Mod.
dissenting
.
Seld.
Privil
.
Bar.
anc.
Rights
.
p.
Thomas
Percy
Ed.
Coke
,
Prin
Audley's
Case
yet
no
Act.
Eliz.
Burgh's
Case
Petit
,
Rot.
Parl.
Cambden
,
Selden
Tit.
Hon.
part
John
,
dors.
claus.
memb.
Baronib
.
Germuthae
Gipswici
Norwici
Mat.
Paris
,
Anno
Gervasius
Tilburiensis
Barones
majores
mineres
.
Fitz-Steph
.
cap.
secunde
dignitatis
Barones
Mag.
Char.
Iohn
,
Mat.
Par.
Anno
Barones
minores
Elsing
.
p.
Thomas
Percy
Estate
of
the
Clergy
were
not
present
,
Et
N.
B.
pour
ceo
prierent
au
Roy
que
pour
surety
de
sa
person
,
&
salvation
de
son
royaum
les
Prelates
,
&
le
Elergy
ferroient
un
Procurateur
avet
povoir
sufficient
pour
consentir
en
leur
nome
,
a
toutes
choses
,
&
ordonances
a
justifier
en
cest
present
Parlament
,
&
que
sur
ceo
chacun
seigneur
spirituel
diront
pleinment
son
avis
.
Sur
quoy
le
dicts
seigneurs
spirituels
commetterent
leur
plein
povoir
generalment
a
un
lay
personne
,
&
nomerent
en
especial
Chevalier
,
&
sur
ceo
baillerent
au
Roy
une
schedule
contenant
leur
povoir
,
la
quelle
nostre
seigneur
le
roy
receust
&
commanda
(
le
dit
.
Mardy
)
estre
entre
de
record
,
en
rolle
de
Parlement
de
quelle
cedule
la
form
sensuit
.
Scotland
,
Iames
the
Fourth
Discourse
.
pag.
Grand
Questionist
William
Rufus
per
an
.
Henry
Arthur
,
Henry
Katharine
.
Mary
Hugh
Capet
Medina
Celi
error
temporis
Henry
Spelman
Edgar
,
cap.
Celeberrimus
autem
ex
omni
satrapiâ
Resolved
and
enacted
by
authority
of
Parliament
,
that
all
Canons
,
Constitutions
,
Ordinances
and
Synodals
provincial
,
that
have
been
was
then
Arch-bishop
Baker's
Chron.
pag.
Lincoln
,
Carlisle
,
Bath
,
Worcester
,
York
,
Barones
minores
Hamel
.
Vid.
Leg.
Edvar
.
conf.
cap.
Rumigeruli
spargunt
,
Cronica
tacent
Gloss.
verb.
Comes
.
pag.
Henry
Spelman
Placita
Coronae
,
Placita
Parliamentaria
Nicholas
Segrave
Nicholas
Segrave
Consilio
Regis
tunc
ibidem
existentium
Nicholas
de
Warwick
Comites
Barones
,
Magnates
Comites
,
Barones
,
Magnates
(
s
(c)
Concilio
Roger
Wigmore
Le
Roy
vous
charge
Counts
,
Barons
,
les
Pieres
de
son
Royaum
que
de
si
come
cestes
choses
touchent
principalment
a
luy
,
a
vous
,
&
a
tout
le
peuple
de
son
Royaum
que
vous
facies
,
au
dit
Roger
droit
,
&
loial
Iugement
come
attient
a
un
tel
d'avoir
.
de
facto
Petrus
Blesensis
Quarto
.
Pet.
Bles.
fol.
Idem
edit.
ult
de
Institutione
Episc.
post
Lati.
penes
rememorat
Dom.
Regis
in
S●…cio
viz.
Barones
Minores
Rot.
Parl.
Le
grant
des
Graunts
N.
B.
Cotton
Les
Countes
&
Barouns
esteantzen
dit
Parlement
Granteront
pour
eiix
&
pour
leur
Peers
de
la
terre
qui
teignent
per
Baronie
la
desme
garb
,
la
disme
tuzon
,
la
disme
Aignel
de
touts
leur
demaignes
Terres
.
Et
pour
ceo
quil
fu
aviis
as
Prelatez
Countes
Barouns
&
autres
Graunts
que
pour
les
ploite
des
besognes
,
Iohn
Imperiall
Grand
Questionist
Vid.
Cot.
Edward
Bagshaw
Rushw.
Hist.
Coll.
Tom.
Et
pour
ceo
que
avisefust
a
les
dits
Prelates
qu'il
nattient
proprement
a
eux
de
Counseiller
de
la
gard
de
la
paix
,
&
de
chastiment
de
tels
malvois
s'allerent
mesmes
les
Prelates
.
nattient
proprement
Posthu
.
Cottoni
Rot.
claus
Hugh
Audley
Pierce
Gaveston
Pierce
,
A
nostre
Signure
le
Roy
,
&
son
Cons●…l
Prelatez
,
Countes
&
Barons
del'
sa
terre
:
Pierce
,
Peter
Et
quod
istud
Iudicrum
intretur
in
Rot.
Parliament
,
&
in
Cancellari●…
,
&
exinde
●…iur
in
scaccarium
,
&
ad
utrumque
Bancum
,
Rot.
Patent.
Adam
Orleton
pro
Episc.
Henry
Staunton
hujus
petitionis
mandatum
fuit
Galfrido
de
Scroop
coram
Praefatis
comitibus
Proceribus
(
fust
avise
par
eux
ils
furent
d'avis
(
et
pour
ceo
que
avis
feust
a
eux
)
Grand
Questionist
N.
B.
Henry
Beamont
Robert
Cotton
Grands
,
Commons
Vid.
Mr.
Matth.
Paris
N.
B.
Michael
de
la
Pool
N.
B.
Michael
de
la
Pool
in
Curia
Regis
Rot.
processus
cor
Dom.
Rege
in
Parl.
Grand
Questionist
Cotton
,
Numb
Matth.
Paris
,
in
Anno
Dom.
in
dorso
Inhibitio
ne
qui
Magnates
Comes
,
Baro
,
Miles
seu
aliqua
alia
notabilis
Persona
,
Magnates
inter
com
.
brevia
de
term
.
sctae
.
trin.
Sct.
Mich.
An.
Roger
Mortimer
John
Mautrevers
Comes
,
Baro
,
Miles
N.
B.
Thomas
Holland
Kent
,
Iohn
Holland
Iohn
Mautrevers
said
Peers
do
pray
said
Peers
Henry
Hotspur
Henry
Hotspur
Grand
Questionist
full
Parliament
full
Parliament
Nobilitas
Major
Deo
&
Ecclesiae
(
in
which
respect
,
in
truth
their
place
is
in
Convocation
)
Grand
Questionist
Wittena
Gemot
in
Capite
[
Ordo
[
Ordo
Petyt
.
Matth.
Paris
Edward
Coke
Cook
's
second
Instit.
John
de
Isle
John
de
Isle
Thomas
Merks
Adam
de
Orlton
,
alias
Tarlton
,
Du
Fresnes
Glossary
Verbo
(
Par.
)
per
Episcopos
Pares
suos
Stanford
,
Cook
,
Doddridg
Parker's
Antiq.
Ecclesiae
Britan.
Matth.
Parker
Robert
Cotton
de
Pinct
William
de
Kedelsby
William
de
Kedelsby
Simon
Langham
William
Molso
Martins
le
Grand
Iurisdiction
of
the
House
of
Peers
Old
Modus
,
Hakewell
Peer
of
the
Realm
William
de
la
Pool
Nicholas
Segrave
Ely
,
William
Iohn
Mettingham
Robert
Hertford
Robert
Tiptoft
,
Iusticiario
suo
de
Westwell
,
&
comitat
Glocest.
sine
consideratione
Parium
suorum
N.
B.
[
Magnates
viz.
Glocestershire
Barones
Minores
Barones
Minores
Barones
Minores
Edw.
Coke
Robert
Cotton
Iohn
Mautrevers
Thomas
de
Berkele
Thomas
Berkley
Iohn
de
Beauchamp
Militi
Domino
de
Beauchamp
Rob.
de
Hungerford
Mil.
Dom.
de
Moleyns
,
Thomas
de
Berkley
inter
Barones
Majores
in
Capite
Jani
Anglorum
facies
nova
Jus
Anglorum
ab
Antiquo
General
Council
Tenants
in
Capite
Common
Council
of
the
Tenants
in
Chief
Knights
Service
Great
Council
the
King's
Tenants
by
Brady
against
Knights
Service
General
Council
Tenants
in
Chief
Tenants
in
Capite
by
Knights
Service
,
Arduous
Affairs
in
Capite
Tenants
in
Chief
General
Council
John's
Charter
Parliament
ex
More
General
Council
arduous
Affairs
King
John's
Charter
King
John's
Charter
Great
Council
were
needless
if
there
had
been
but
one
Cause
for
which
they
were
to
be
summoned
,
King
John's
Charter
General
Council
King's
Tenants
Rep.
f.
them
who
were
present
the
King's
Court
ex
more
Tenant
in
Chief
King
Iohn's
Charter
the
King's
Court
Baron
Great
Council
Tenants
in
Chief
Tenants
in
Chief
King
Iohn's
Charter
of
Resignation
Magno
Concilio
Tenants
in
Capite
ex
Gratia
General
Council
General
Council
General
Council
ex
〈◊〉
General
Council
necessary
Members
General
Council
only
three
were
ordered
to
be
Representatives
for
every
County
standing
Counsel
Rot.
Pat.
pur
espargner
les
Costs
des
Communs
Pollidore
Virgil
settled
Right
Christopher
Heydon
En
Ancient
temps
tout
le
Parliament
sea
insimul
,
&
le
Separation
fuit
Par
le
desire
del
Commons
mes
●…ent
obstant
ils
font
forsque
un
mese
,
ieo
aie
veiw
un
Record
de
lour
Degrees
,
&
Seats
.
General
Councils
Jus
Angl.
Great
Council
where
a
Record
makes
mention
of
Arch-bishops
,
Antid.
Brit.
Bishops
,
Abbots
,
Priors
,
Barons
,
and
all
the
Commonalty
of
the
Kingdom
or
Land
,
It
doth
not
from
hence
necessarily
follow
,
that
the
Commons
were
then
present
,
for
the
word
And
may
be
taken
exegetically
,
and
expositive
,
and
not
introductive
of
any
other
Persons
word
Communitas
,
doth
many
times
extend
to
the
Prelates
,
and
Barons
,
therefore
Tenants
in
Capite
in
Capite
Conjunction
And
Husband
and
Wife
distinctive
And.
introductive
of
something
not
expresly
mentioned
before
,
necessarily
introductive
of
some
other
Persons
.
And
exegetical
Praelates
,
Peers
Community
of
the
Prelates
and
Barons
Peers
,
Earls
Rot.
Parl.
Earls
,
Barons
and
Peers
necessarily
introductive
of
other
Persons
Communitas
Praelatorum
&
Baronum
,
Communitas
&
Communitas
General
Council
King
Iohn's
Reign
unanimi
consensu
&
concordi
Voluntate
Archiepiscoporum
,
Episcoporum
,
Comitum
Baronum
,
Cleri
,
Populi
totius
Regni
.
Magna
Charta
General
Council
Common
assent
tout
de
le
Reaum
Per
le
Roy
,
Piers
&
Commune
de
la
terre
.
per
Passentments
de
Archievesques
,
Evesques
,
Abbies
,
Priors
,
Countees
,
Barons
,
Et
tout
la
Comminalty
de
la
terre
illonques
Summonees
.
Clerus
&
Populus
cotius
Regni
Comites
,
&
Barones
Commune
de
la
terre
tout
le
Eomminalty
de
la
terre
,
Prelates
,
Earls
Eleri
&
Populi
General
Council
Prelates
,
Earls
Rot.
Pat.
ad
Reformationem
Statûs
Regni
Angliae
Rot.
Pat.
all
the
Peers
introductive
of
other
Persons
all
the
Peers
Consent
,
Will
,
and
Authority
of
the
King
necnon
,
and
as
▪
well
of
the
Prelates
and
Barons
and
also
of
the
Commons
then
and
there
present
,
Barons
[
presentium
and
also
of
the
Community
of
them
that
were
then
and
there
present
,
all
that
were
present
were
Parties
to
the
Ordinance
Commens
also
Commons
of
England
then
and
there
present
King
,
Prelates
all
the
Peers
and
also
all
the
Peers
full
Parliament
Prelates
,
Peers
Barons
,
and
also
the
Commons
,
H.
p.
and
also
Orders
of
Parliament
Praelati
,
Barones
,
ac
etiam
Communitas
,
as
a
comprehensive
Term
of
those
that
made
it
,
and
also
general
Assemblies
of
the
Kingdom
tota
Nobilitas
cum
Populi
numerositate
adunatum
Concilium
Cleri
&
Populi
,
a
General
Council
of
the
Clergy
and
Laity
Ian.
Angl.
&c.
p.
&c.
p.
in
Chief
vice
omutom
&
singulorum
Milites
&
alij
de
Comitatu
Comites
,
Barones
,
Milites
,
liberi
Homines
,
great
Barons
less
Nobility
holding
in
Chief
ordinary
Free-holders
Nobiles
,
&
Barones
minores
Populi
numerositas
a
Term
comprehensive
Matthew
Paris
Adomar
de
Valens
Communitas
Procerum
,
Magnatum
,
aliorumque
great
Men
Symon
Montfort
Great
Barons
Baronage
,
or
Communitas
Earls
,
Barons
and
Matthew
Paris
Regni
&
totius
Angliae
universitate
scriptum
a
Farnagio
pro
Rege
,
&
Faronagio
Prodes
homes
Commune
de
Reaum
Matthew
Paris
27th
E.
clear
Answer
Commons
as
at
this
day
known
,
are
not
to
be
found
amongst
the
Community
of
in
old
Historians
Matthew
Paris
ex
Gratia
Tenants
in
Chief
by
Knights
Service
Great
Barons
Tenants
in
Chief
49th
Hen.
Tenants
in
Capite
only
Tenants
in
Chief
Great
Council
Tenure
in
Capite
Proprietors
of
Land
General
Council
to
take
it's
fate
viz.
Whether
our
present
House
of
Commons
,
in
the
same
form
as
it
is
now
constituted
,
was
not
in
being
ever
after
the
Conquest
?
no
essential
part
of
our
Government
.
betrayeth
the
Cause
of
the
Government
,
Proprietors
of
Land
,
as
such
,
collated
Dignity
Great
Councils
of
the
Kingdom
Free-holders
of
the
Counties
General
Councils
of
the
Kingdom
Parliamentary
Proceedings
ordinary
Free-holders
General
Councils
of
the
Kindom
Common
Right
Conquest
downwards
,
always
had
their
Representatives
by
the
formality
of
a
Choice
,
Great
Council
Tenants
in
Chief
General
Council
General
Council
a
distinctive
Mark
,
or
certain
Diagnostick
of
a
Parliament
,
where
the
Summons
were
personal
to
the
Bishops
,
Earls
,
and
the
Greater
Barons
Inter
Com.
de
Termin
.
S●…
.
Mich.
General
Council
essential
Difference
King's
Tenants
Tenants
in
Chief
Llewelin
Prince
of
Wales
General
Council
Great
Barons
personal
Summons
Rot.
Claus.
Tit.
Hon.
Curia
Regis
in
distinction
to
a
Parliament
,
because
of
the
general
Writ
of
Summons
:
Great
Barons
general
Summons
King
John's
Charter
Some
erroneous
Suppositions
,
which
may
have
contributed
to
Mr.
's
Belief
,
that
the
were
the
only
Members
of
the
or
that
only
,
constituted
both
the
Curia
,
and
the
according
to
the
imagined
different
Summons
,
considered
.
King
Iohn's
Charter
Great
Tenants
in
Chief
Tenure
in
Capite
King
Iohn's
Charter
Tenants
in
Chief
absolute
Conquest
such
a
Conquest
Tenants
in
Chief
Civil
Society
King
Iohn's
Charter
Curia
the
Suitors
assess●…aids
and
Escuage
,
General
Writs
King
Iohn's
Charter
Great
Tenants
in
Capite
assess
Escuage
distinctive
Mark
.
Cities
,
Ports
,
Burroughs
Vill●…e
(
Townships
or
Parishes
the
Liberties
of
sending
Burgesses
to
Parliaments
confirmed
and
provided
for
the
modus
Parliamenti
in
King
's
time
,
was
in
the
said
Charter
declared
.
Modus
of
Parliament
Great
Council
we
have
no
History
of
the
Commencement
of
their
Right
,
and
that
it
was
an
ancient
Establishment
in
the
Government
before
Magna
Charta
.
Iani
Anglorum
facies
nova
Cities
,
Burroughs
,
Ports
Commen
Council
of
the
Kingdom
Free
Customs
General
Council
of
the
Kingdom
Free
Customs
3ds
Charter
Mat.
Paris
Jan.
Ang.
&c.
Jus
Ang.
nullo
dissimilis
General
Council
of
the
Kingdom
assessing
Escuage
Arch-Bishops
,
Bishops
,
Abbots
,
Earls
,
Great
Barons
&c.
King
holding
in
Chief
special
Writs
Tenants
in
Chief
commune
Concilium
out
of
that
Court
the
King
would
not
impose
Escuage
,
or
Aid
upon
his
Tenants
,
except
it
were
in
those
three
Cases
of
Aid
mentioned
.
all
matters
other
than
those
three
mentioned
,
Aids
,
and
Escuage
,
which
were
due
by
Tenure
,
should
be
done
by
that
commune
Concilium
,
that
is
,
his
Parliament
.
Free
Customs
King's
Tenants
commune
Concilium
Council
of
Tenants
Common
Council
Nullum
Scutagium
vel
auxilium
,
auxilium
by
Knights
Service
Suitors
to
the
Curia
Regis
by
Knights
Service
Knights
Service
Socage
Tenure
Common
Council
of
the
Tenants
by
Knights
Service
,
Common
Council
Common
Council
General
Councils
Facies
nova
Tenants
in
Capite
Tenure
in
Capite
When the Conqueror ( says he ) did innovate his Tenures in Capite , and made all Page 156. Men of great Estates Barons , and by their Tenures and Estates Members of Parliament , we then had such Laws , quas vulgus elegerit , and the nwe had materially our three Estates , though not so well sized and sorted as since .
We had then I say many great Free-holders Mr. Hunt , p. 157. in every County that by their Tenures were Members of Parliament , whereas now we have but two , and tho the People did not not chuse them , yet the Men of that Order , seem chosen once for all interpretatively by the People in their consent to the Government . In this Constitution , scarce any Man that was fit to be chosen , but was without the Peoples choice a Member of Parliament , as there now are more who are fit to be chosen than they can chuse , so that the Barones Minores were then instead of Knights of the Shire , and the Barones Majores , Bishops and Earls did then , as now , make the Parliament .
Besides , Barones Majores and Minores there , was at this time a distinction between the Barones Regis , and Barones Regni , which I will explain , to prevent any Mistake that may grow thereupon : The Barones Regni , were Barons by Tenure , and made part of the Government by the Constitution of the first William , and so in process of Time , called Barones Regni , because they had by Continuance of that Constitution , acquired a fixed Right to that Honour .
But because of the frequent Wars between Page 157. the Barons and the Kings at that time , they did omit to summon , some who were Barons by Tenure , and now duly called Barones Regni , to Parliament , and called others , that had no Right to be called Ratione Tenurae , and those they called Barones Regis . This was ill taken by the Lords , and was one of the occasions of their War with King Iohn , upon which they obtained his Charter for Remedy , as follows . Barones Majores Regni sigillatim summoneri faceret ; the truth of this as to the Fact will appear by the History of those Times ; and that this is the reason of this distinction of Barones Regis and Barones Regni , doth appear by the recited Charter of King Iohn , where the Majores Barones are called Barones Regni ; for the Barons were more concerned for the losing of their Honours , than they were at the Communication of the like Honour to others , and with reason , though all Honours are lessened by the numbers of those that participate of them .
The Inconveniency and Mischiefs of this Mr. Hunt , p. 158 : Constitution were very great , and very sensible , by making the Government to consist of one Order , there was no third to moderate and hold the Ballance .
Majores
Barones
Majores
Barones
exegetical
Majores
Barones
Great
Barons
Barones
Regni
Barons
by
Tenure
Barones
Regis
Call
to
Parliament
Baro
Regis
Baro
Regis
Great
Barons
in
Capite
Majores
Barones
Regni
in
Capite
Barones
Regis
Thanus
Regis
Baro
Regis
Knights
Service
Baro
Regni
Benedictus
Abbas
in
Bib.
Cot.
Barones
Terrae
Barones
,
Milites
,
et
Homines
sui
.
Barones
Regni
Barones
Regis
Baro
Regni
Baro
Regis
Barones
Regni
Barones
Regis
in
Capite
Select
Council
Tenants
in
Capite
Barons
of
the
Kingdom
omnes
quodamodo
ordines
Regni
continebantur
Barones
sui
Tenants
in
Capite
in
Capite
Magnum
Concilium
de
Statutis
Regni
in
Capite
Barones
Curiae
Barones
Regis
King's
Barons
Barons
of
his
Court
an
extraordinary
Convention
of
the
People
Tenants
in
Chief
Change
in
the
Succession
his
Barons
Mediocris
Thanus
Baro
Major
Thanus
Mediocris
Baro
Minor
tenure
in
Capite
Baro
noster
Thanus
Regis
Baro
de
Baroniá
integrâ
Thanus
primarius
Barones
Regni
Barones
Regis
in
Capite
Knights
Service
Tenants
in
Capite
Tenant
in
Chief
by
Knights
Service
indivisible
Service
Free
Tenure
Tenants
in
Capite
Knights
Service
Antid:
Brit.
Antid.
p.
les
Grandes
,
Mannors
&
Royalties
,
per
cel
estate
per
plusors
Royes
,
fuist
que
les
choses
suivant
serrent
appendant
aux
Roys
&
al
droit
de
la
corone
,
Soveraigne
jurisdiction
,
la
Soveraign
Signory
,
come
Franchises
,
treasnre
trove
Ceux
droits
retiendrent
les
primers
Roys
&
delremnant
de
la
terre
enfefferont
les
Countees
,
Barons
,
Chief
Cities
,
Chief
Ports
Great
Mannors
Almain
,
de
la
quel
gent
il
y
eurent
iesque
quarant
Soveraigns
que
touts
soy
tiendrent
a
Companions
.
Eslierent
de
eux
un
Roy
a
reigner
sur
eux
&
Governer
le
People
de
dieu
&
a
Maintainer
&
Defendre
les
Persons
&
les
Biens
en
quiet
per
les
Rules
de
droit
.
's
Councils
in
Capite
Quia
Emptores
Enfeoffs
J.
S.
Feofee
enfeoffs
in
Capite
Knights
Service
Rex
non
vult
aliquem
medium
better
Opinion
indivisible
Service
in
Capite
in
Capite
Jus
Ang.
R's
Jo.
de
Conquest●…
suo
so
critical
that
they
will
not
call
the
first
Had taken the pains , and known where to have been informed of the Proceedings and Transactions of William the Conqueror , he would have found Cause to believe that that great King did ever dexterously endeavour from the time that he was assured that his Possession would not be disturbed , to divest himself of the Title of a Conqueror , and made his legal Claim to what he had got by the Will of Edward the Confessor , whose Name was precious to the Nation , and who was known to have a great Friendship for that Prince , who had now recovered what had been his .
And he knew so well the ill Consequence which must attend the very imagination that the Nation had lost its Propriety , that he made haste to grant them an Assurance that they should still enjoy all the Benefits and Priviledges which were due to them by their own Laws and Customs : By which they should be still governed as they were during that King's whole Reign , who had enough of the unquestionable Demesnes , and Lands belonging to the Crown , of which he was then possest without a Rival , and belonging to those Great Men ; who had perish'd with their Posterity in the Battel with Harold , to distribute to those who had born such Shares , and run such Hazards in his prosperous Adventure . And those Laws and Customs , which were before the Conquest , are the same which the Nation and Kingdom have been since governed by to this day ; with the Addition of those Statutes and Acts of Parliament , which are the Laws of the Successive Kings , with which they have gratified their Subjects , in providing such new Security for them , and Advantages to the Publique , as upon the Experience and Observation of the Ages and Times when they were made , contributed to the Honour and Glory of the King , as well as Happiness of the People . Many of which are but the Copies and Transcripts of ancient Land-marks , making the Characters more plain and legible , of what had been practised and understood in the preceding Ages , and the Observations thereof are of the same Profit and Convenience to the King and People .
at
his
Reception
had
dispens'd
with
the
Subjection
of
the
Ecclesiasticks
,
by
the
Oath
he
took
not
to
infringe
the
Liberty
of
the
Church
:
British
,
Saxon
,
Danish
Great
Council
in
Capite
extraordinary
Conventions
extraordinary
Convention
Rei
Publicae
Communis
Sponsio
That
the
Men
of
that
Order
were
not
chosen
once
for
all
interpretatively
by
the
People
in
their
Consent
to
the
Government
.
ordinary
Free-holder
in
Capite
Tenants
in
Chief
Populus
Minor
Tenants
in
Chief
Tenants
in
Chief
divided
Fee
de
jure
the
Service
of
Barons
Barones
Regni
Baronage
of
England
the
Lords
Spiritual
,
and
Temporal
;
and
Nobility
till
about
the
time
of
under
Tenure
by
Baronage
the
Parliament
was
always
materially
the
same
.
materially
the
same
materially
the
same
materially
the
same
materially
the
same
materially
the
same
absolute
Conqueror
materially
the
same
materially
the
same
ancient
Burroughs
sent
Members
to
Parliament
materially
the
same
King
,
Lords
three
States
Great
Fortescue
Ang.
p.
General
Council
Ius
Angl.
Antiq.
Cap.
says
,
the
Controversy
is
concerning
matter
of
Fact
only
.
Against
General
Assembly
Great
Council
Ian.
Angl.
p.
Additions
to
a
p.
General
Council
Great
Council
fere
omnes
Regni
Anglae
Episcopii
,
&
Magnates
.
Curia
de
more
Heads
of
Hundreds
,
and
of
Tythings
,
Glos.
Tit.
Libere
sui
Regni
tenentes
Ris.
Bird
Many
more
of
like
nature
Spelm.
Glos.
Tit.
General
Councils
of
the
Kingdom
Free-holders
,
inter
liberos
Regni
tenentes
,
Barones
,
Baronagium
,
Barnagium
London
,
Warwick
p●…o
o●…us
Servitus
,
in
lieu
any
of
their
Services
Minores
Barones
Regist.
of
Writs
General
Councils
Civitas
,
Burgus
vid.
part
of
it
enforc't
R.
n.
R.
n.
This
like
quae
caput
est
regni
Cities
,
Burroughs
,
Vills
Cities
,
Boroughs
Cities
,
Burroughs
Masters
of
Families
L.
Canuti
.
c.
free
Burroughs
in
the
Laws
of
Glos.
Tit.
General
Council
Stat.
West.
the
Coroner
to
be
Ian.
Ang.
General
Councils
Aldestani
Bromton
f.
bound
with
Sureties
to
their
good
Behaviour
.
the
ordinary
Free-men
,
or
the
Bulk
and
multitude
of
the
Free-men
,
or
small
Free-holders
.
)
pro
omnibus
serviciis
faciendis
General
Councils
Proprietors
,
Earones
Comitatus
&c.
p.
Jus
Ang.
Jan.
Ang.
Great
Barons
Great
Barons
frame
of
the
Government
Proprietors
of
Land
Proprietors
of
Land
represented
by
Knights
,
Citizens
and
Burgesses
,
3d
,
Shares
or
Votes
in
making
of
Laws
for
the
Government
of
the
Kingdom
,
and
had
communication
in
Affairs
of
State
,
represented
by
the
Tenants
in
Capite
Rot.
Pat.
Ed.
3.
Farones
Minores
,
the
Free-holders
of
Land
,
were
Members
of
Parliament
Knights
,
Citizens
in
Capite
Is
the
Representative
of
the
People
in
what
they
are
to
be
governed
by
it
,
and
by
their
Consent
to
it●…
,
in
the
first
erecting
thereof
they
do
trust
their
Governours
with
the
Rule
and
Order
of
their
Lives
and
Estates
,
That
whatever
thing
of
Government
is
introduced
by
the
Consent
of
the
Prince
,
and
that
Aleration
assented
to
and
embraced
,
avow'd
,
and
own'd
by
every
Man
of
the
Community
,
by
Actions
,
and
other
open
Declarations
of
a
full
consent
;
and
this
continued
for
Centuries
of
Years
,
and
in
all
that
time
applauded
,
and
found
agreeable
to
the
Interest
of
the
Prince
,
and
People
,
and
the
old
Government
abolish'd
and
impracticable
,
the
very
matter
of
it
ceasing
,
and
it
become
a
thing
impossible
,
as
well
as
not
desirable
to
restore
it
.
I
say
,
whatever
Constitution
is
thus
introduced
,
and
establish'd
,
is
as
unmoveable
as
unalterable
,
(
or
no
Government
is
)
as
if
it
had
been
ever
so
.
That this Constitution was assented to , and embraced , avowid , and own'd by every Man in the Community , by Actions , and other open Declarations of a full Consent .
That for Centuries of Years this has constantly been applauded , and found agreeable to the Interest of Prince and People .
If
our
Government
must
take
its
Fate
upon
such
Issues
as
these
,
I
am
sure
we
shall
not
long
hold
it
Tanquam
pro
aris
&
focis
Tenants
in
Chief
naked
Right
naked
Rights
Hunt
thought
fit
to
say
for
the
preventing
the
World's
being
troubled
with
such
impertinent
Labours
,
and
to
divert
those
that
thus
employ
themselves
to
Undertakings
more
useful
to
the
Publick
,
materially
the
same
the
same
naked
Rights
William
the
First
Robert
Filmer
No
Man
can
bind
himself
in
a
matter
depending
of
his
own
Will
,
there
can
be
no
Obligation
which
taketh
State
from
the
meer
Will
of
him
that
bindeth
himself
.
for
the
same
Causes
that
a
private
Man
may
be
relieved
from
his
unjust
and
unreasonable
Promise
,
as
that
it
was
so
grievous
;
or
,
for
he
was
by
Deceit
or
Fraud
circumvented
,
or
induced
thereunto
by
Terrour
or
Force
,
or
just
Fear
,
or
by
some
great
hurt
;
even
for
the
same
causes
the
Prince
or
Princes
may
be
restor'd
in
that
which
toucheth
the
diminishing
of
his
or
their
Majesty
.
Paternal
Power
doubtful
Responses
Conquering
Prince
New
Heavens
new
Earth
Robert
Filmer
The
Laws
,
Ordinances
,
Letters
,
Patents
,
Priviledges
,
and
Grants
of
Princes
,
have
no
Force
but
during
their
Life
,
if
they
be
not
ratified
by
the
express
Consent
,
or
at
least
by
the
sufferance
of
the
Prince
following
,
who
had
knowledg
thereof
.
non
erictat
,
ut
homin●…
Uill●…
predicte
tanquam
tarari
&
non
si●…
ut
praedictum
est
,
&
quod
true
way
after
the
Word
Barony
add
in
the
Margine
,
Ecclesiastical
Persons
de
tout
le