A
Plea
for
the
LORDS
,
AND
HOUSE
of
PEERS
.
OR
,
A
short
,
yet
full
and
necessary
Vindication
of
the
Judiciary
and
Legislative
Power
of
the
House
of
Peers
,
and
the
Hereditary
just
Right
of
the
Lords
and
Barons
of
this
Realm
,
to
sit
,
vote
,
judge
in
the
high
Court
of
Parliament
.
THe
treasonable
destructive
design
of
divers
dangerous
Anabaptists
,
Levellers
,
Agitators
in
the
Army
,
City
,
Countrey
,
and
of
Lilburn
,
Overton
,
(
their
Champions
,
Ring-leaders
in
this
Seditious
Plot
)
to
dethrone
the
King
,
unlord
the
Lords
,
new-model
the
House
of
Commons
,
extirpate
Monarch●
,
suppress
the
House
of
Peers
,
and
subvert
Parliaments
,
(
the
only
obstacles
to
their
pretended
Polarchy
&
Anarchy
)
are
now
so
legible
in
their
many
late
printed
Petitions
,
L●bels
,
Pamphlets
,
so
visible
in
their
actings
,
and
publike
proceedings
,
that
it
rather
requires
our
diligence
and
expedition
to
prevent
,
than
hesitancy
to
doubt
or
dispute
them
,
they
positively
protesting
against
,
yea
denying
both
King
and
Monarchy
,
in
their
[
(a)
](A56189-e6510-b)
(a)
A
Remonstrance
of
many
thousand
Citizens
to
their
own
House
of
Commons
,
p.
6.
The
just
mans
Justification
,
p.
10.
Regal
Tyranny
Discovered
,
A
Declaration
from
his
Excellency
,
&
the
General
Councel
of
the
Army
,
Jan.
11.
1647.
p.
7.
Speeches
,
&c.
at
a
Conference
newly
published
by
Walker
,
printed
verbatim
out
of
Dolman
the
Jesuit
his
Book
,
condemned
formerly
as
treasonable
.
late
printed
Pamphlets
,
Remonstrances
,
with
the
Power
,
Judicature
of
the
House
of
Peers
,
and
their
undoubted
just
Hereditary
right
to
vote
,
act
,
or
sit
in
Parliament
,
because
they
are
not
elec●ed
by
the
people
as
Knights
and
Burgesses
are
;
asserting
,
[
(b)
](A56189-e6610-b)
(b)
Regal
Tyranny
discovered
.
Lilburns
Just
Man
in
▪
Bonds
,
p.
1
,
2.
A
Pearl
in
a
Dunghil
,
The
Free-mans
Freedom
vindicated
,
An
Anatomy
of
the
Lords
Tyranny
;
his
Argument
and
Plea
before
the
Committee
against
the
Lords
Authority
;
his
Petition
to
the
Commons
,
his
Letters
to
Henry
Martin
:
Overtons
Arrow
of
Defiance
shot
into
the
Prerogative
Bowels
of
the
House
of
Lords
;
his
Petition
and
Appeal
,
A
Defiance
against
Arbitrary
Vsurpation
,
The
Agreement
of
the
People
and
Petitions
wherein
it
was
presented
to
the
House
of
Commons
,
An
Alarum
to
the
House
of
Lords
.
See
M.
Edwards
Gangraena
,
part.
3.
p.
192.
to
204.
That
they
are
no
natural
issues
of
our
Laws
,
but
the
Exorbitances
and
Mushromes
of
Prerogative
,
the
Wenns
of
just
Government
,
the
Sons
of
Conquest
and
usurpation
,
not
of
choice
and
election
,
intruded
upon
us
by
power
,
not
made
by
the
people
,
from
whom
ALL
POWER
,
PLACE
,
and
OFFICE
that
is
just
in
this
Kingdom
OUGHT
TO
ARISE
;
meer
arbitrary
Tyrants
,
Vsurpers
,
an
illegitimate
and
illegal
power
and
Judicatory
,
who
act
and
Vote
in
our
affairs
but
as
INTRUDERS
;
who
ought
of
right
not
to
judge
,
censure
,
or
imprison
any
Commoner
of
England
,
even
for
libelling
against
them
,
refusing
to
appear
before
them
,
reviling
and
contemning
them
and
their
Authority
to
their
faces
at
their
very
Barr
,
(
as
Lilburn
,
Overton
boast
and
print
they
did
)
or
breaking
any
of
their
undoubted
Privileges
.
To
accomplish
this
their
design
the
better
,
they
endeavour
by
their
most
impudent
flattery
to
ingage
the
House
of
Commons
against
the
House
of
Peers
,
the
better
to
pull
them
down
;
stiling
and
proclaming
the
Commons
in
their
[
(c)
](A56189-e6780-b)
(c)
Overtons
Petition
and
Appeal
to
the
High
and
Mighty
States
,
the
Knights
and
Burgesses
in
Parliament
assembled
,
Englands
legal
Soveraign
Power
,
The
Remonstrance
of
many
thousands
to
their
own
House
of
Commons
,
A
printed
Petition
(
now
in
agitation
)
of
many
Free-born
people
to
the
only
Supreme
Power
of
this
Realm
,
the
Commons
in
Parliament
assembled
.
The
Anatomy
of
the
Lords
Tyranny
,
An
Alarum
to
the
House
of
Lords
.
See
M.
Edwards
Gangraena
,
part
3.
p.
154.
to
204.
Petitions
and
Pamphlets
,
The
ONLY
Supreme
legal
Judicatory
of
the
Land
,
who
ought
BY
RIGHT
,
to
judge
the
Lords
and
their
proceedings
,
from
whom
they
appeal
for
right
and
reparations
against
the
House
of
Peers
;
affirming
,
That
in
the
Commons
House
alone
resides
the
formal
and
legal
Supreme
Power
of
England
,
who
ONLY
are
chosen
by
the
People
;
and
THEREFORE
IN
THEM
ONLY
is
the
power
of
binding
the
whole
Nation
,
by
making
,
altering
,
or
abolishing
Laws
,
without
the
Kings
or
Lords
concurrent
assents
:
to
whom
they
now
absolutely
deny
any
Negative
voice
;
making
the
Commons
a
compleat
Independent
Parliament
of
themselves
;
&
therefore
present
all
their
Petitions
,
add
esses
to
them
alone
,
without
any
acknowledgment
or
notice
of
the
House
of
Peers
,
to
whom
they
deny
any
right
or
title
to
sit
or
vote
in
Parliament
,
unless
they
will
first
divest
themselves
of
their
Peerage
,
and
Barons
right
of
Session
,
and
submit
to
stand
for
the
next
Knights
and
Burgesses
place
in
the
House
of
Common
that
shall
fall
void
;
where
,
if
they
may
have
any
voice
or
influence
,
the
meanest
Cobler
,
Tinker
,
Weaver
,
Waterman
,
shall
be
elected
a
Knight
or
Burgess
,
sooner
than
the
best
and
greatest
Peer
,
and
every
John
of
Leyden
preferred
before
King
or
Prince
Charls
himself
:
Sic
Sceptra
ligonibus
aequant
;
Which
Petitions
and
Pamphlets
of
theirs
have
so
puffed
,
so
bladdered
up
many
Novices
,
and
raw
Parliament-men
in
the
Commons
House
,
unacquainted
with
the
original
Constitution
,
bounds
,
proceedings
,
Laws
,
Customs
of
the
Parliaments
of
England
,
that
they
begin
to
act
,
vote
,
dispose
of
the
Army
,
Navy
,
&c.
without
,
yea
against
the
Lords
,
not
expecting
their
concurrence
,
contrary
to
all
former
proceedings
of
Parliament
,
the
Lords
just
Privileges
,
and
their
own
Solemn
League
,
Covenant
,
to
maintain
them
;
which
may
prove
very
destructive
to
both
Houses
,
the
Parliament
,
King
,
Kingdom
;
oppressive
to
their
Representatives
the
people
,
(
who
generally
dislike
it
)
if
not
timely
redressed
;
and
breed
such
a
deadly
feud
between
the
Houses
,
as
may
soon
ruine
them
both
and
the
Kingdom
to
boot
.
The
end
of
these
Anabaptists
,
Levellers
,
Lilburnians
being
only
to
[
*
](A56189-e7100-b)
*
See
M.
Edwards
Gangraena
,
part
3.
where
this
is
fully
demonstrated
.
destroy
the
Parliament
,
by
setting
both
Houses
at
variance
,
they
inveighing
as
bitterly
against
the
power
,
proceedings
,
Ordinances
,
Votes
,
Members
,
undue
Elections
,
unequal
Constitution
of
the
House
of
Commons
,
as
they
do
against
the
Lords
;
Hereupon
they
have
most
earnestly
pressed
in
their
[
(d)
](A56189-e7140-b)
(d)
Lilburns
Letter
to
a
friend
.
Innocency
&
Truth
justified
,
and
his
late
Letters
to
Cromwell
,
H.
Martin
,
Sir
Thomas
Fairfax
,
and
others
.
Englands
Birthright
.
Englands
lamentable
Slavery
.
Another
word
to
the
wise
.
Comparata
Comparandis
.
Liberty
against
Slavery
.
The
Arraignment
of
Persecution
.
The
Ordinance
against
Tithes
unmounted
.
See
M.
Edwards
Gangraena
,
part.
3.
p.
109.
to
204.
Pamphlets
,
their
late
[
(e)
](A56189-e7230-b)
(e)
See
the
several
Remonstrances
from
his
Excellency
and
the
Army
,
from
June
,
til
December
last
,
1647.
and
since
in
November
and
January
,
1648.
The
Agreement
of
the
people
,
the
grand
Design
,
Putney
Projects
.
Remonstrances
,
Engagements
from
their
Confederates
and
Agitators
in
the
Army
,
a
speedy
period
and
dissolution
of
this
Parliament
,
a
new
modelling
and
more
equal
distribution
of
the
Members
in
the
very
House
of
Commons
for
the
future
,
&c.
All
which
Petitions
,
Papers
,
Remonstrances
,
Pamphlets
of
theirs
tending
to
the
utter
subversion
of
Parliaments
,
the
fundamental
Laws
,
Government
of
the
Kingdom
,
yea
,
to
an
introduction
of
arbitrary
popular
Polarchy
and
Tyranny
,
are
rather
to
be
ranked
among
and
more
agreeable
to
Jack
Cades
,
or
the
Earl
of
Straffords
and
Canterburies
Treasons
,
(
which
they
exceed
by
many
degrees
)
than
to
be
slighted
or
countenanced
as
they
are
;
the
keeping
up
the
honour
of
our
Peers
,
the
rights
,
Privileges
of
both
Houses
within
their
just
bounds
,
without
interfeiring
or
incroachment
upon
one
another
,
or
invading
the
peoples
Liberties
,
being
the
only
probable
means
of
their
,
of
our
preservation
,
settlement
,
security
;
Upon
which
consideration
,
I
shall
here
endeavour
as
briefly
,
yet
fully
as
I
may
,
to
vindicate
the
undoubted
Right
of
the
Lords
or
Peers
of
this
Realm
to
sit
,
vote
in
Parliament
,
notwithstanding
they
are
not
elected
by
the
people
;
and
to
make
good
their
right
,
power
of
Judicature
,
as
well
of
Commoners
as
Peers
,
against
all
the
cavils
of
Jesuited
Anabaptistical
Levellers
,
Lilburnians
,
Sectaries
,
Agitators
,
whom
I
hope
so
farr
to
silence
and
stop
their
mouths
,
if
not
convince
their
judgements
,
that
they
shall
never
be
able
to
reply
hereunto
.
SECTION
.
1.
Proving
the
Lords
antient
undoubted
Right
to
sit
and
vote
in
all
English
Parliaments
,
with
the
Grounds
thereof
,
though
not
elected
by
the
People
.
THe
sum
of
all
these
Levellers
object
against
the
Lords
right
of
sitting
,
voting
,
judging
in
Parliament
,
is
this
:
[
(f)
](A56189-e7450-b)
(f)
Overtons
Defiance
against
all
arbitrary
usurpation
of
the
House
of
Lords
,
p.
5
,
6
15
,
17
,
18.
his
Arrow
against
all
Tyrants
,
p.
6.10
,
11
,
12.
and
others
forecited
▪
a.
&
b.
That
they
sit
there
only
by
Patent
,
by
the
Kings
will
,
Tenure
or
descent
;
not
by
the
Peoples
free
Election
alone
,
as
the
Knights
,
Citizens
,
and
Burgesses
doe
:
That
the
people
never
intrusted
nor
invested
them
with
any
power
,
but
the
King
;
That
they
represent
themselves
only
not
the
Commons
;
and
are
the
Sons
only
of
Conquest
,
of
Usurpation
;
(
brought
in
by
the
Conquerour
,
)
not
of
Choice
and
Election
,
1.
To
this
I
answer
:
first
,
That
our
Lords
,
Dukes
,
Earls
,
Barons
,
Nobles
(
yea
Archbishops
,
Bishops
,
Abbots
,
Priors
too
who
held
by
Barony
)
●ate
antiently
in
all
our
General
National
Councels
and
Parliamentary
Assemblies
,
many
[
*
](A56189-e7530-b)
*
See
my
Historical
Collection
of
the
antient
Parliaments
and
Great
Councils
of
England
.
hundred
of
years
before
the
Conquest
,
both
in
the
Britons
and
Saxons
reigns
,
by
right
of
their
Peerage
and
Tenures
,
as
now
they
doe
,
as
I
have
unanswerably
proved
in
My
Historical
Collection
of
the
antient
Parliaments
and
Great
Councils
of
England
:
My
Antiquity
triumphing
over
Novelty
,
p.
56.
to
80.
And
in
my
1
,
2
,
and
3.
Parts
of
A
Seasonable
and
Legal
Vindication
and
Chronological
Collection
of
the
good
old
Fundamental
Laws
,
&c.
of
all
English
Freemen
.
Which
is
likewise
attested
by
Modus
tenendi
Parliamentum
,
[
(g)
](A56189-e7620-b)
(g)
Epist.
to
his
9.
Report
,
Institutes
on
Littleton
,
p.
110.4
Instit.
c.
1.
Sir
Edward
Cook
,
Vowel
,
[
(h)
](A56189-e7650-b)
(h)
M.
Seldens
Titles
of
Honour
,
part.
2.
ch.
5.
where
this
is
abundantly
manifested
,
Spelmanni
Concil
.
Tom.
1.
Truth
triumphing
over
Falshood
,
Antiquity
over
Novelty
,
p.
36
,
&c.
The
Freeholders
Grand
Inquest
,
p.
4.
to
20.
others
,
and
all
our
Historians
;
Therefore
this
is
a
gross
mistake
,
That
they
are
the
Sons
of
Conquest
introduced
by
the
Conquerour
:
The
rather
,
because
in
all
Empires
,
Kingdoms
in
the
world
,
though
free
and
never
conquered
,
their
Princes
,
Dukes
,
Nobles
,
Lords
and
great
Officers
,
have
ever
sate
in
all
their
Parliaments
,
Senates
and
General
Councels
of
State
,
by
reason
of
their
Honors
and
places
only
,
without
any
popular
Elections
;
as
is
clear
by
these
Texts
of
Scripture
,
1
Chron.
23.1
,
2.
c.
28.1
,
2.
&c.
c.
29.1.6.24
.
2
Chron.
1
,
2
,
3.
c.
5.3
,
4.
&c.
c.
23.2
,
3.20
,
21.
c.
30.2
,
3
,
6
,
12.
c.
34.29
,
30.
c.
35.7
,
8.
Neh.
9.38
.
c.
10.
Esther
1.13
.
to
22.
Dan.
3.2
,
3.
2
Chro.
29.30
.
c.
32.3
.
Ezra
9.1
.
c.
10.8
.
1
Sam.
5.8
.
c.
29.3
.
to
10.
Psa.
68.27
.
Prov.
8.15.16
.
Isa.
19.11
,
12
,
13.
Jer.
17.25
.
c.
26.11.16
.
c.
36.12.14
.
c.
37.14
,
15.
c.
38.4.25.27
.
Dan.
6.1
,
6
,
7
,
8.
Jonah
3.7
.
Psa.
2.2
.
Isa.
1.23.26
.
[
*
](A56189-e7710-b)
*
See
1
Chro.
19.3
.
2
Chron
12.
c.
6.
c.
24.17
c.
32.3
.
Num.
10.4
.
Josh.
9.15
,
&c.
c.
17.4
.
Num.
32.2
.
&c.
21.
compared
together
,
and
by
all
Historians
and
Polititians
testimonies
.
2.
Secondly
,
that
they
sit
there
only
by
the
Kings
Patent
is
false
:
For
first
,
many
Peers
,
Nobles
have
been
created
in
and
by
[
(i)
](A56189-e7740-b)
(i)
See
M.
Seldens
Titles
of
Honour
,
p.
2.
ch.
5.
14
E.
3.
n.
35.
9
R.
2.
n.
16.
20
R.
2.
n.
16.
20
R
2.
n.
80.
1
H.
4.
n.
81.
Cooks
3.
Instit.
f.
9.16
.
with
many
more
.
Parliament
,
at
the
Commons
earnest
Petitions
,
by
Patents
confirmed
in
Parliament
,
of
which
there
are
many
Presidents
.
Secondly
,
though
the
Kings
Writ
or
Patent
create
others
of
them
Peers
,
Barons
,
without
the
peoples
consent
,
yet
the
Laws
and
Statutes
of
the
Realm
made
by
the
Commons
consents
,
and
approved
by
the
people
,
allow
the
King
this
power
,
yea
authorize
[
(k)
](A56189-e7790-b)
(k)
5
R.
2.
Star
.
2.
c.
4.
31
H.
8.
c.
10.
enjoyn
all
Lords
,
Barons
,
to
sit
in
Parliament
,
when
thus
creaned
,
if
there
be
no
just
exceptions
taken
to
them
by
the
Houses
;
therefore
though
they
are
created
Lords
and
sit
in
Parliament
by
the
Kings
Patents
or
Writs
onely
,
by
way
of
instrument
or
conveyance
,
yet
originally
they
are
made
Lords
,
and
sit
there
only
by
the
Laws
and
Statutes
of
the
Realm
,
to
which
all
the
people
have
consented
;
of
which
more
hereafter
.
Thirdly
,
all
antient
and
new
Cities
,
Burroughs
who
send
Citizens
or
Burgesses
to
Parliament
,
and
Counties
,
who
send
Knights
to
Parliament
,
were
originally
created
and
invested
with
this
power
to
elect
Citizens
,
Burgesses
,
and
Knights
for
the
Parliament
[
(l)
](A56189-e7840-b)
(l)
See
Litt.
c.
10.
Sect.
162
,
164.
&
Cook
Ibidem
.
49
Ass.
8.
only
by
our
Kings
Letters
and
Charters
,
not
by
the
Peoples
inherent
Right
of
Election
;
since
none
of
them
doe
or
can
choose
or
send
Knights
,
Citizens
,
or
Burgesses
to
Parliament
[
(m)
](A56189-e7880-b)
(m)
Cook
4.
Instit.
c.
1.
&
Cromptons
Jurisdiction
of
Courts
,
c.
1.
without
the
Kings
Charters
authorizing
them
,
and
his
Wr●
to
elect
them
first
directed
to
them
but
only
by
power
and
vertue
of
them
;
Therefore
if
the
Lords
sitting
in
Parliament
be
illegal
,
unwarrantable
,
because
they
sit
only
by
Patents
and
Writs
from
the
King
;
the
sitting
of
Knights
,
Citizens
,
Burgesses
must
be
so
too
,
because
they
are
elected
only
by
the
Kings
Writ
,
and
the
people
enabled
to
elect
them
only
by
his
Patents
,
the
[
*
](A56189-e7920-b)
*
1
R.
2.
c.
4.
8
H.
4.
c.
14.
8
H.
5.
c.
7.
32
H.
6.
c.
15.
&
1
H.
5.
c.
3.
●
.
1
H.
7.12
.
2
H.
7.3
.
2.
5
H.
7.
9
H.
7.
12.
14
H.
6.12
.
7
E.
4.14
.
15
E.
15.
Cook
1.
Instit.
250.
a.
Brook
,
Tit.
Parliament
,
Corporations
.
power
of
creating
Counties
,
Cities
,
Boroughs
,
Knights
,
being
originally
in
the
King
,
as
well
as
the
power
of
creating
Lords
and
Barons
.
3
Thirdly
,
that
the
general
election
of
the
people
is
not
absolutely
necessary
,
nor
essential
to
the
making
of
a
Lawfull
King
,
Magistrate
,
Counseller
of
State
,
Peer
,
Member
of
Parliament
,
(
nor
yet
of
a
Minister
)
as
the
Objectors
falsly
pretend
,
who
take
it
for
granted
as
an
infallible
truth
and
Maxim
of
State
:
For
then
it
will
necessarily
ensue
from
hence
.
1.
That
[
*
](A56189-e7980-b)
*
Psal.
47.2
,
6
,
7.
Ps.
95.3
.
Psal.
98.6
.
Psal.
103.19
.
God
himself
is
no
lawfull
King
or
Governour
over
all
the
World
,
and
creatures
in
it
,
because
not
chosen
or
elected
by
the
General
Voice
of
the
Creatures
and
Mankind
to
be
King
over
them
;
and
because
the
greatest
part
of
men
reject
his
Yoak
,
Laws
,
Government
,
Exod.
5.2
.
Psal.
2.1
,
2
,
3
,
4.
Lu.
1.14.27
.
yet
the
Lord
still
reigneth
as
a
Lawfull
King
over
them
,
by
his
own
Right
of
Creatorship
and
Godhead
,
Psal.
95.3.5
.
Ps.
96.10
.
Ps.
97.1
.
Ps.
99.1
.
Ps.
100.3
.
Ps.
103.15
.
Jer.
10.7
.
Dan.
4.32.34
.
Ps.
10.16
.
Psal.
22.28
.
Ps.
48.7
.
2ly
,
That
Jesus
Christ
himself
,
who
is
a
King
by
birth-right
,
Sonship
,
and
inheritance
only
,
being
born
King
of
the
Jews
,
sitting
upon
the
throne
of
David
his
Father
,
and
reigning
over
the
house
of
Jacob
for
ever
,
by
vertue
of
his
Sonship
only
;
as
Mat.
2.2
.
Lu.
1.32
,
33.
Ps.
2.6
,
7
,
8.
Heb.
1.5
,
8
,
9.
Acts
13.22
,
23
,
33.
Ezech.
34.23
,
24.
c.
37.24
,
25.
Mar.
11.9.10
.
Isa.
3.6
,
7.
c.
11.1
,
2
,
&c.
Jer.
33.
15
,
17
,
20
,
21.
c.
23.5
,
6.
c.
30.4
.
Hos.
3.5
.
Rev.
2.2
&c.
resolve
,
&
was
not
chosen
King
●is
Saints
,
Church
,
Subjects
,
people
,
but
chuseth
them
to
be
his
Leiges
,
John
15.16
.
Eph.
1.4
.
1
Pet.
2.9
.
Rev.
17.14
.
Deut.
14.2
.
Ps.
132.13
.
Psal.
135.4
.
shall
upon
this
account
be
no
lawfull
King
or
Governor
over
his
Saints
,
Church
and
Subjects
;
but
a
meer
Usurper
,
Intruder
,
Tyrant
over
them
,
(
as
they
stile
Kings
by
Birthright
,
not
popular
Election
)
which
is
the
highest
blasphemy
to
affirm
.
3ly
,
Then
it
will
likewise
inevitably
follow
,
That
neither
[
(n)
](A56189-e8050-b)
(n)
Exod.
3.
&
4.
&
7.
Moses
,
[
(o)
](A56189-e8070-b)
(o)
Deut.
3
▪
28.
Num.
27.16
.
to
23.
Deut.
31.3
.
to
9.14.23
.
c.
34
9.
Iosh.
1.
Joshua
,
[
(p)
](A56189-e8090-b)
(p)
Neh.
c.
2.
&c.
Nehemiah
,
[
(q)
](A56189-e8110-b)
(q)
1
Sam.
9.16
.
c.
10.1.21
.
Acts
13.21
Saul
,
[
(r)
](A56189-e8130-b)
(r)
Psal.
78.70
,
71
,
72.
1
Sam.
16.2
Sam.
7
,
8.
Acts
13.22
.
David
,
[
(s)
](A56189-e8150-b)
(s)
1
Chron.
23.1
.
c.
28.5
,
6.
2
Chr.
1.8
.
Solomon
,
nor
any
of
the
[
(t)
](A56189-e8170-b)
(t)
2
Chron.
14.1
.
c.
17.1
.
c.
28.27
.
c.
29.
1.
Acts
13.20
,
21
,
22.
pious
Kings
of
Juda
,
nor
Christ
himself
,
and
other
Kings
who
came
to
the
Crown
by
[
*
](A56189-e8180-b)
*
2
Sam.
7.12
.
Psal.
132.11
,
12.
2
Sam.
10.1
.
1
Kings
14
20.35
.
c.
15.8.24
.
c.
16.6.28
.
c.
22.40
.
2.
Kings
1.17
.
c.
3.27
.
c.
8.24
.
c.
10.35
.
c.
12.21
.
c.
13.3.24
.
c.
14.16.29
.
c.
15
7.22.38
.
c.
16.20
.
c.
19.37
.
c.
20.21
.
c.
21.26
.
c.
24.6
.
1
Chron.
29.28
.
2
Chron.
12.16
.
c.
14.1
.
c.
17.1
.
c.
21.1
.
c.
22.1
.
c.
23.3
.
c.
24.27
c.
1.23
.
c.
27.9
.
c.
28.27
.
c.
32.33
.
c.
33.20.25
.
c.
36.
1
Jer.
22.11
.
Isay
19.11
.
c.
37.38
.
Matth.
2.2
.
Gods
immediate
designation
,
or
by
descent
,
birth-right
and
lineal
succession
,
were
just
,
lawfull
Governors
or
Kings
,
which
none
dare
averr
;
That
the
[
(v)
](A56189-e8190-b)
(v)
Num.
11.16
,
17
,
24
,
25
,
26
,
27.
70.
Elders
,
the
Princes
▪
[
(x)
](A56189-e8220-b)
(x)
1
Chron.
18.15.16
,
17
c.
26.29
,
30
,
31
,
32.
c.
27.
c.
28
1.
Exod.
18.25
,
26.
2
Chron.
19.5
.
to
7.
Nobles
,
chief
Captains
,
Judges
,
and
Rulers
under
Moses
,
and
their
Kings
,
with
other
Governours
,
and
the
Jewish
Sanhedrim
,
were
no
lawfull
Judges
,
Magistrates
,
Counsellers
of
State
,
or
Members
of
their
general
Congregations
,
Parliaments
,
assemblies
,
since
we
read
of
none
of
them
chosen
by
the
people
,
but
only
designed
by
[
*
](A56189-e8280-b)
*
Iudg.
3.9.15
.
c.
2.16
.
Acts
13.20
.
Num.
27.15
.
to
23.
Exod.
18.25
,
26.
Num.
1.4
.
to
18.
1
Sam.
8.1
.
1
Chron.
26.30
,
32.
2
Chr.
19.5
.
to
the
end
.
God
himself
,
or
made
,
created
such
by
their
Kings
,
Governours
,
who
both
called
and
summoned
them
to
their
general
congregations
,
assemblies
,
judicatures
,
as
the
premised
texts
and
others
evidence
.
That
[
(y]
](A56189-e8310-b)
(y]
Gen.
40.40
,
41
,
&c.
Exod.
18.25
.
Psal.
105.21
.
Acts
8.10
.
Joseph
,
[
(z)
](A56189-e8330-b)
(z)
Esther
8.
&
10
Mordecai
,
[
[a]
](A56189-e8350-b)
[a]
Dan.
2.48
,
49.
Daniel
,
Shadrac
,
Mesec
,
Abednego
,
were
no
lawfull
Rulers
or
Magistrates
,
because
made
such
even
by
Heathen
Kings
,
not
by
the
peoples
choice
.
And
that
none
of
the
Levites
,
Priests
,
High
Priests
,
or
Prophets
under
the
Law
were
lawfull
,
because
none
of
them
(
that
we
read
of
)
were
made
Levites
,
Priests
,
High
Priests
or
Prophets
by
the
peoples
own
choice
,
but
by
[
[b]
](A56189-e8430-b)
[b]
Exod.
40.
Numb.
1
,
&
3
,
&
4.
1
Chron.
c.
23.
c.
25.25
,
&
26.
Numb.
25.13
.
Heb.
5.4
.
descent
and
succession
in
the
selfsame
Tribe
;
or
by
Gods
own
immediate
call
and
appointment
;
as
[
*
](A56189-e8460-b)
*
Mar.
●
.
John
Baptist
,
[
†
](A56189-e8480-b)
†
Isa.
61
1.
c.
65.1
.
Io●
.
20
,
21.
Heb.
5.4
,
5.
Christ
himself
,
the
[
*
](A56189-e8500-b)
*
Mar.
10.
Lu.
9.10
.
Mar.
28.19
,
20.
Iohn
20.21
.
1
Cor.
1.17
.
Gal
1
1.
Acts
8.
●
.
14
,
15.
Apostles
,
the
70
Disciples
,
and
others
under
the
Gospel
were
made
Ministers
,
Apostles
,
Evangelists
,
preaching
Elders
,
without
the
peoples
call
;
yet
our
opposites
dare
not
deny
their
Ministry
and
Apostleship
to
be
lawfull
,
being
not
of
men
,
but
by
Gods
and
Christs
own
call
,
without
the
peoples
.
Fourthly
,
then
it
will
from
hence
also
follow
;
that
all
Hereditarie
Kingdoms
,
which
[
[c]
](A56189-e8580-b)
[c]
Case
Polit.
l.
3.
c.
2.
Bodin
de
Repub.
l.
2.
c.
2
,
3.
Joan.
Mariana
de
Rege
&
Regum
,
Instit.
l.
1
c.
3
,
4.
Politicians
and
Divines
generally
hold
the
best
of
Governments
,
being
the
title
of
Christ
himself
to
his
kingdom
;
all
[
[d]
](A56189-e8610-b)
[d]
See
M.
Seldens
Titles
of
Honor.
Patents
,
Commissions
in
all
Empires
,
Kingdoms
,
States
of
the
world
creating
Princes
,
Dukes
,
Earls
,
Lords
,
and
such
like
Titles
of
Honour
,
(
whereby
they
are
inabled
in
all
Christian
kingdoms
to
sit
,
vote
in
their
Parliaments
and
Assemblies
of
State
)
for
making
Privy
Counsellers
,
Judges
,
Justices
and
other
Magistrates
,
are
void
,
null
,
illegal
;
and
so
all
the
Laws
,
Orders
Ordinances
made
,
Acts
done
,
and
Judgments
given
by
them
,
are
void
or
erroneous
,
because
they
were
not
chosen
,
called
to
these
publike
places
,
Counsels
,
Judicatures
by
the
people
,
but
by
Emperors
,
Kings
,
and
Supreme
Governours
of
〈◊〉
and
what
a
confusion
such
a
Paradox
as
this
would
●●eed
in
all
our
Realms
,
in
all
States
,
Kingdoms
of
the
world
,
let
wise
men
consider
,
and
those
fools
too
who
make
this
Objection
.
5.
Fifthly
,
if
there
be
no
lawfull
Authority
in
any
State
but
from
the
Peoples
immediate
election
,
then
it
will
necessarily
follow
;
that
Sir
Thomas
Fairfax
is
no
lawfull
General
,
his
Officers
,
Councell
of
Warr
no
lawfull
Officers
or
Councel
;
yea
Colonell
,
and
Lieutenant
Colonell
Lilburn
,
no
lawfull
Colonel
or
Lieutenant-Colonel
,
and
ought
not
to
use
or
retain
these
titles
,
as
they
doe
,
because
none
of
them
were
called
,
chosen
to
those
places
by
the
People
,
or
common
Souldiers
,
but
made
such
by
Commission
from
the
Parliament
,
General
,
or
Lords
alone
.
6.
Sixthly
,
This
paradox
of
theirs
,
touching
the
peoples
choice
,
call
,
to
inable
Peers
to
sit
in
Parliament
,
or
bear
any
office
of
Magistracy
or
Judicature
,
is
warranted
by
no
law
of
God
,
in
old
or
new
Testament
,
both
which
[
*
](A56189-e8740-b)
*
See
Mar.
2.2
.
Rom.
13.1.2
.
Exod.
18.25
,
26.
Num.
1.4
.
to
20.
c.
7.2
.
c.
10.4
.
c.
23.6
.
c.
27.2
c.
32.2
.
Iosh.
9.15.19
.
1
Sam.
23.3
,
4.9
.
2
Sam.
10.3
.
1
Chron.
13.1
.
&c.
c.
23.2
.
c.
28.1
.
2
Chro.
1
,
2
,
3.
c.
5.3
,
4.
c.
23.1
.
&c.
20.
c.
29
,
30.
c.
30.1
,
2
,
&c.
c.
32.3
.
c.
34.29
.
contradict
it
:
by
no
Laws
or
Statutes
of
these
Kingdoms
,
Nations
,
which
absolutely
disclaim
it
,
and
enact
the
contrarie
:
by
no
Original
Law
of
Nature
,
which
as
all
[
[e]
](A56189-e8750-b)
[e]
Arist.
Polit.
l.
1.
Bodin
.
de
Repub.
l.
1.
c.
2
,
3
,
4
,
5.
Dr.
Field
,
of
the
Church
,
l.
1.
c.
1
,
2.
Seldens
Titles
of
Honour
,
l.
1.
c.
1.
sect.
3.
Gen.
23.6
.
c.
10.9
,
10.31
,
32.
Exod:
21.15
,
17.
Deut.
21.18
,
19.
Polititians
and
Divines
assert
,
and
the
Scripture
manifests
,
at
first
gave
everie
Father
a
Magistratical
and
Judicial
rule
,
power
over
his
children
,
progeny
,
Family
;
and
made
him
a
King
,
Prince
,
Lord
over
them
,
without
either
their
choice
or
call
;
the
Father
and
first-born
of
the
family
,
being
both
the
King
,
Prince
▪
Lord
over
it
,
and
Priest
to
it
from
the
Creation
till
the
Law
was
given
,
as
is
generally
acknowledged
by
all
Divines
:
as
God
himself
is
[
*
](A56189-e8900-b)
*
Psal.
47.2.6
,
7.8
.
Psalm
.
29.10
.
Psalm
.
95.3
.
to
8.
Isay
4●
.
15
.
Ierem.
10.7
.
Ephes.
4.6
.
Heb:
12.9
.
King
over
all
the
earth
,
world
,
as
Creator
and
Father
thereof
.
7ly
,
It
is
very
observable
,
that
God
himself
expresly
denied
to
his
own
people
Israel
the
free
election
of
their
Kings
and
Supreme
Governors
,
reserving
the
choice
of
them
only
to
himself
,
as
his
own
Prerogative
:
witness
that
notable
text
of
Deut.
17.14
,
15.
When
thou
art
come
into
the
Land
which
the
Lord
thy
God
giveth
thee
,
and
shalt
possess
it
and
dwell
therein
,
and
shalt
say
,
I
will
set
a
King
over
me
like
as
all
the
Nations
that
are
about
me
:
Thou
shalt
in
any
wise
set
him
King
over
thee
WHOM
THE
LORD
THY
GOD
SHALL
CHUSE
:
not
the
people
.
Upon
which
account
,
when
the
Israelites
grew
wearie
of
the
Government
of
Samuel
and
his
Sons
;
all
the
Elders
of
Israel
gathered
themselves
together
,
and
came
to
Samuel
unto
Ramah
,
and
said
unto
him
:
Behold
thou
art
old
,
and
thy
Sons
walk
not
in
thy
wayes
:
Make
,
or
Give
thou
us
a
King
to
judge
us
,
like
all
the
Nations
:
not
taking
upon
themselves
the
power
to
nominate
and
elect
their
very
first
King
;
but
referring
the
choice
to
Samuel
himself
:
Who
thereupon
prayed
unto
the
Lord
for
direction
therein
:
After
he
prayed
,
God
commanded
him
to
hearken
to
the
voice
of
the
people
,
and
to
make
them
a
King
,
1
Sam.
8.4
.
to
the
end
;
yet
such
a
one
as
God
himself
,
not
Samuel
or
the
people
should
appoint
;
For
soon
after
God
told
Samuel
,
that
to
morrow
about
this
time
he
would
send
him
a
man
out
of
the
Tribe
of
Benjamin
;
and
thou
shalt
anoint
him
to
be
Captain
over
my
people
Israel
;
whereupon
Saul
coming
to
him
at
that
time
,
when
Samuel
saw
him
;
The
Lord
said
unto
him
,
Behold
the
man
whom
I
spake
to
thee
of
,
this
same
shall
reign
over
my
people
;
then
Samuel
took
a
horn
of
oyl
and
powred
it
upon
his
head
and
kissed
him
,
and
said
,
Is
it
not
BECAUSE
THE
LORD
HATH
ANOINTED
THEE
KING
OVER
HIS
INHERITANCE
?
Who
being
afterwards
brought
forth
before
all
the
people
assembled
at
Mizpeh
,
Samuel
said
to
all
the
people
,
See
ye
HIM
WHOM
THE
LORD
(
not
I
,
or
you
)
HATH
CHOSEN
,
that
there
is
none
like
him
among
all
the
people
:
Upon
which
all
the
people
shouted
and
said
,
GOD
SAVE
THE
KING
.
1
Sam.
9.16
,
17.
c.
10.1.17.23
,
24.
So
that
God
himself
,
not
Samuel
,
nor
the
people
,
elected
and
made
Saul
King
over
his
own
people
;
which
is
further
evident
by
the
1
Sam.
15.17.35
.
After
which
God
rejecting
Saul
from
being
King
,
he
both
elected
,
appointed
,
and
anointed
David
to
be
King
over
Israel
,
1
Sam.
16.1.12
,
13.
Psalm
.
78
,
70
,
71.
2
Sam.
7.8
.
1
Chron.
28.4
.
Whereupon
all
the
Tribes
,
after
Sauls
death
,
came
to
David
to
Hebron
,
made
a
League
with
him
;
and
anointed
him
King
before
the
Lord
,
upon
this
account
;
that
the
Lord
had
said
unto
him
;
Thou
shalt
feed
my
people
Israel
,
and
thou
shalt
be
a
Captain
over
Israel
,
2
Sam.
5.1
,
2
,
3.
acknowledging
therby
the
choice
of
their
King
,
to
be
Gods
peculiar
right
,
not
theirs
.
After
which
God
himself
,
to
manifest
the
choice
of
their
Kings
to
be
,
not
in
the
people
,
but
in
his
own
disposal
(
being
but
his
Vicegerents
,
Substitutes
,
and
sitting
upon
his
throne
,
to
be
Kings
for
the
Lord
their
God
,
2
Chron.
9.8
.
Isay
44.28
.
Acts
13.22
.
)
setled
the
inheritance
of
the
Crown
,
and
Kingdom
of
Israel
in
David
,
his
Sons
and
posterity
for
ever
,
appointing
Solomon
his
Son
immediately
to
succeed
him
,
and
making
him
King
over
his
people
,
as
is
evident
by
the
2
Sam.
7.8
.
to
the
end
,
1
Kings
5.5
.
c.
6.12
.
c.
8.20
.
1
Chron.
22.20
.
c.
28.4
,
5
,
6
,
7.
2
Chron.
1.8
,
9.
c.
2.11
.
Psal.
89.3
,
4
,
20.
to
38
,
2
Chr.
23.3
.
c.
6
,
16.
c.
7.18
.
1
Kings
15.4
,
5.
Jer.
33.15.17.20
,
21.
c.
23.5
,
6.
c.
30.9
.
Ezech.
34.23
,
24.
c.
37.24
,
29.
Hos.
3.5
.
Lu.
1.32
,
33.
Upon
which
account
afterwards
,
when
the
ten
Tribes
revolted
from
Rehoboam
and
the
House
of
[
*
](A56189-e9190-b)
*
2
Kings
17.20
,
21
,
22.
David
against
Gods
institution
,
and
made
Jeroboam
their
King
;
God
thereupon
chargeth
it
upon
them
as
a
high
incroachment
upon
his
prerogative
,
in
these
terms
,
Hosea
8.4
.
They
have
set
up
Kings
,
but
not
by
me
,
they
have
made
Princes
,
and
I
knew
it
not
.
And
hereupon
Abijah
(
heir
by
hereditarie
succession
to
David
)
thus
charged
Jeroboam
and
all
Israel
with
rebellion
against
God
and
Rehoboam
therein
,
2
Chron.
13
,
5
,
6
,
7
,
8.
Ought
you
〈◊〉
to
know
;
THAT
THE
LORD
GOD
OF
ISRA●●AVE
THE
KINGDOM
OVER
ISRAEL
TO
●D
FOR
EVER
,
EVEN
UNTO
HIM
AND
TO
HIS
SONS
BY
A
COVENANT
OF
SALT
?
But
Jeroboam
the
Son
of
Nebat
,
the
Servant
of
Solomon
,
the
Son
of
David
,
is
risen
up
,
AND
HATH
REBELLED
AGAINST
HIS
LORD
.
And
there
are
gathered
unto
him
vain
men
the
children
of
Belial
,
and
have
strengthned
themselves
against
Rehoboam
the
Son
of
Solomon
,
when
Rehoboam
was
young
and
tender
hearted
:
And
now
you
think
TO
WITHSTAND
THE
KINGDOM
OF
THE
LORD
IN
THE
HANDS
OF
THE
SON
OF
David
,
and
ye
have
a
great
multitude
,
&c.
O
children
of
Israel
fight
ye
not
against
the
Lord
God
of
your
Fathers
,
for
YOV
SHALL
NOT
PROSPER
.
And
God
smote
Jeroboam
and
all
Israel
before
Abijah
(
the
right
heir
)
and
Judah
,
and
God
delivered
them
into
their
hand
:
And
Abijah
and
his
people
slew
them
with
a
great
slaughter
:
So
there
fell
down
slain
of
Israel
five
hundred
thousand
chosen
men
.
The
greatest
slaughter
we
ever
read
of
in
one
battel
in
sacred
or
prophane
Histories
.
If
then
God
allowed
not
the
free
election
and
nomination
of
Kings
and
Supreme
Governours
to
his
own
people
of
Israel
,
their
Tribes
or
Elders
,
but
reserved
it
only
to
himself
,
as
his
own
peculiar
prerogative
;
which
they
might
not
intrude
upon
without
high
presumption
,
and
exemplarie
punishments
,
as
the
forecited
Scriptures
,
with
Iudges
2.20
.
Acts
13.20
,
21
,
22
,
23.
undeniably
evidence
.
By
what
Law
of
God
or
Nature
any
other
vulgar
rabble
or
people
of
God
,
can
now
challenge
this
as
their
proper
birthright
,
and
natural
inherent
due
,
to
elect
all
their
Kings
,
all
their
Supreme
,
or
subordinate
Officers
,
and
all
Peers
of
Parliament
,
(
especially
in
an
hereditarie
kingdom
,
)
transcends
my
reason
to
comprehend
;
unless
they
will
blasphemously
tax
God
himself
for
injuring
his
own
peculiar
people
,
in
usurping
upon
and
depriving
them
of
this
their
Natural
right
and
freedom
.
8ly
,
The
Scripture
is
most
express
and
positive
,
That
it
is
God
who
removeth
Kings
and
setteth
up
Kings
,
Dan.
2.28
.
That
the
God
of
Heaven
setteth
up
kingdoms
and
Kings
:
That
the
most
high
ruleth
in
the
kingdoms
of
men
,
and
giveth
them
to
whomsoever
he
will
,
Dan.
2.44
.
c.
4.25.34
,
35.
That
promotion
cometh
neither
from
the
East
,
nor
from
the
West
,
nor
from
the
South
;
but
God
(
not
the
people
)
is
the
Judge
,
he
pulleth
down
one
and
setteth
up
another
,
Psa.
75
,
6
,
7.
He
looseth
the
bond
of
Kings
,
and
girdeth
their
loins
with
a
girdle
:
He
powreth
contempt
upon
Princes
,
and
weakneth
the
strength
of
the
mighty
,
Job
12.18
,
19.
Whereunto
God
adds
,
Prov.
8.15
,
16.
By
me
Kings
reign
,
and
Princes
decree
Justice
.
By
me
Princes
rule
,
and
Nobles
,
and
all
the
Judges
of
the
earth
.
Hereupon
Samuel
used
this
speech
to
King
Saul
:
1
S●m.
15.26.28
.
The
LORD
hath
rejected
thee
from
being
King
over
Israel
.
The
LORD
hath
rent
the
kingdom
of
Israel
from
thee
this
day
,
and
hath
given
it
to
a
neighbour
of
thine
better
than
thou
.
Yea
,
the
Apostle
,
Rom.
13.1
,
2
,
3
,
&c.
commands
Every
Soul
to
be
subject
to
the
higher
powers
,
not
only
for
fear
,
but
conscience
sake
,
upon
this
ground
,
For
there
is
no
Power
but
of
God
:
the
powers
that
are
are
ordained
(
or
ordered
)
of
God
;
and
they
are
the
Ministers
of
God
to
men
for
good
.
Hence
God
and
Christ
are
stiled
,
The
only
Potentate
,
THE
KING
OF
KINGS
,
AND
LORD
OF
LORDS
,
The
Prince
of
the
Kings
of
the
Earth
,
1
Tim.
6.15
.
Rev.
1.5
.
c.
17.14
.
c.
19.16
.
because
they
only
by
meer
original
right
dispose
of
all
Kings
,
Lords
,
Potentates
,
kingdoms
.
Upon
which
reason
the
Apostle
concludes
,
That
all
created
things
in
heaven
and
in
earth
,
whether
they
be
Powers
or
Principalities
,
or
Dominions
,
or
Powers
,
are
created
BY
AND
FOR
CHRIST
;
that
in
all
things
he
might
have
the
preheminence
,
might
,
and
dominion
,
being
exalted
far
above
all
Principalities
and
Powers
,
Col.
1.16
,
17
,
18.
Eph.
1.20
,
21.
By
what
divine
,
natural
,
inherent
▪
just
right
or
Title
then
the
Commons
or
Vulgar
people
of
our
own
or
other
Realms
can
challenge
to
themselves
the
sole
power
of
electing
,
setting
up
and
pulling
down
their
Kings
,
Princes
,
Lords
,
Judges
,
kingdoms
,
Principalities
,
Powers
,
Dominions
,
at
their
arbitrarie
pleasures
:
of
setting
up
,
pulling
down
,
or
electing
their
Supreme
or
subordinate
Governors
,
Magistrates
,
and
all
Peers
of
Parliament
at
their
wills
;
of
disposing
kingdoms
,
Powers
,
Lordships
to
whomsoever
they
please
(
as
these
Bedlam
Objectors
plead
they
may
)
without
contradicting
all
these
Sacred
Texts
,
and
intruding
upon
these
royal
incommunicable
Preheminences
,
Prerogatives
of
God
and
Christ
,
let
all
popular
pretenders
to
,
or
advocates
for
such
a
power
in
the
people
and
Commons
of
the
Realm
,
resolve
me
and
all
others
when
they
are
able
,
against
all
these
Texts
,
oppugning
this
their
claim
and
interest
.
9.
Ninthly
,
I
answer
,
that
a
particular
,
explicit
actual
choice
and
election
by
the
people
,
of
any
to
be
Kings
,
Magistrates
,
Judges
,
Ministers
,
Peers
or
Members
of
Parliament
,
is
neither
necessarie
nor
convenient
to
make
them
just
and
lawfull
,
except
onely
when
the
Laws
of
God
,
of
Nature
,
of
Nations
,
or
the
kingdom
expresly
require
it
;
but
onely
a
general
implicit
or
tacit
consent
;
especially
when
the
antient
Laws
of
the
Land
,
continuing
still
in
full
force
,
and
the
custom
of
the
Kingdom
time
out
of
mind
,
requires
no
such
ceremonie
of
the
peoples
particular
election
or
call
;
in
which
case
the
peoples
dissent
is
of
no
validitie
,
til
that
Law
and
custom
be
repealed
by
the
general
consent
of
the
King
,
Lords
and
Commons
in
Parliament
.
Now
the
[
*
](A56189-e9530-b)
*
Cook
4
Instit.
c.
1.
p.
1.
&c.
Seldens
titles
of
Honour
,
part
2.
ch.
5.
Cambd.
Brit.
antient
Laws
,
Statutes
,
and
Customs
of
the
Kingdom
,
enable
all
Lords
who
are
Peers
and
Barons
of
the
Realm
to
sit
in
Parliament
when
ever
summoned
to
it
by
the
Kings
Writ
,
without
any
election
of
the
people
;
and
if
the
Laws
and
Customs
of
the
Realm
were
,
that
the
King
himself
might
call
two
Knights
,
Citizens
and
Burgesses
to
Parliament
,
such
as
[
*
](A56189-e9550-b)
*
see
38
H.
6.
n.
35.
himself
should
nominate
in
his
Writ
out
of
every
County
,
City
and
Borough
,
without
the
Freeholders
,
Citizens
,
and
Burgesses
election
of
them
,
by
a
common
agreement
and
consent
to
such
a
Law
and
usage
made
by
their
Ancestors
,
and
submitted
and
consented
to
for
some
ages
without
repeal
,
this
Law
and
Custom
were
sufficient
to
make
such
Knights
,
Citizens
and
Burgesses
lawfull
Members
of
Patliament
,
[
*
](A56189-e9560-b)
*
Num.
32.1
.
to
38.
Josh.
22.23
.
to
31.
Esth.
9.27
,
28.31
,
32.
1
Sam.
20.42
.
Jer.
35.2
.
to
the
end
.
2
Sam.
21.7
.
Prov.
22.28
.
c.
23.10
.
1
Sam.
30.24
,
25.
Deut
19.14
.
c.
27.17
.
Josh.
c.
13.
to
ch.
23.
See
Littleton
,
Fitz-Herbert
,
Brook
&
Ashe
,
Tit.
Warranty
,
Obligation
,
Covenant
,
&c.
obliging
their
posterity
whiles
unrepealed
;
as
well
as
their
Warranties
,
Obligations
,
Statutes
,
Feofments
,
Morgages
,
[
†
](A56189-e9580-b)
†
Josh.
9.15
.
to
the
end
,
2
Sam
21.1
.
to
15.
Gen.
50.25
.
c.
13.19
.
Iosh.
24
32.
1
Sam.
20.42
.
2
Sam.
21.7
.
Oaths
,
and
alienations
of
their
Lands
,
as
the
Objectors
must
acknowledge
;
therefore
they
must
of
necessity
grant
,
their
present
sitting
,
voting
and
judging
too
in
Parliament
,
to
be
lawfull
,
because
thus
warranted
by
the
Laws
and
Customs
of
the
Realm
.
10.
If
all
Power
in
Government
,
all
right
of
sitting
,
judging
,
and
making
Laws
or
Ordinances
in
Parliament
,
be
founded
upon
the
immediate
free
election
of
all
those
that
are
to
be
Governed
;
and
if
it
be
of
necessity
,
that
all
who
are
to
be
subject
and
obey
ought
to
be
represented
by
those
who
have
power
in
Government
;
the
Sum
of
[
(l)
](A56189-e9620-b)
(l)
See
M.
Edwards
his
Gangraena
,
part
3.
p.
142.
to
162.
Lilburns
,
Overtons
,
and
the
Levellers
reasons
against
the
Lords
Jurisdiction
;
then
it
will
of
necessity
follow
,
(
If
this
be
good
Divinitie
and
Law
)
that
the
Laws
of
God
,
Moses
,
and
Christ
himself
,
should
not
bind
the
Jews
or
Christians
,
because
made
without
their
common
consents
,
or
any
to
represent
them
:
Then
the
Laws
,
Decrees
of
the
Medes
and
Persians
,
made
by
their
Kings
alone
,
or
by
them
and
their
Princes
,
without
any
representative
of
their
People
,
(
as
is
evident
by
Esth.
1.13
.
to
the
end
:
ch.
3.8
.
to
15.
ch.
8.8
,
9
,
&c.
c.
9.32
.
ch.
10.1
.
Ezr.
1.1
,
&c.
ch.
4.6
.
to
24.
ch.
5.13.17
.
c.
6.1
.
to
15.
c.
7.11
.
to
27.
Jonah
3.6
,
7
,
8.
Dan.
6
,
7
,
8
,
9.
)
were
meer
nullities
,
and
not
binding
to
the
commonalty
.
Then
the
Laws
of
David
,
his
Captains
and
Princes
,
concerning
the
Levites
,
Priests
,
Temple
,
&c.
1
Sam.
30.2.45
.
2
Chron.
c.
22.
to
ch.
29.
with
all
our
own
antient
Brit●sh
and
[
*
](A56189-e9760-b)
*
Lambardi
Archaion
.
Bromton
,
Spelman
.
Saxon
Laws
,
(
made
by
our
Kings
and
Nobles
alone
,
without
any
Knights
,
Citizens
or
Burgesses
elected
by
,
or
representing
the
people
;
as
were
all
our
Laws
and
Acts
before
Henry
the
3d
his
reign
,
both
before
and
after
the
Conquest
(
as
we
usually
call
it
)
though
many
of
them
yet
in
force
and
vigor
,
)
With
all
antient
Lawes
made
by
Kings
alone
being
the
only
Law-makers
in
all
Nations
at
first
,
as
[
*
](A56189-e9830-b)
*
Hist.
c.
1.
Justine
and
others
attest
,
and
Ezr.
7.26
.
Esth.
3.8
.
Isay
33.22
.
intimate
:
whence
they
are
stiled
the
Kings
Laws
,
&c.
should
be
meer
Nullities
by
this
Doctrine
,
because
not
made
by
the
Peoples
previous
consents
and
representatives
:
Yea
then
the
Orders
,
Votes
,
Ordinances
,
and
Laws
made
,
or
consented
to
by
the
Knights
,
Citizens
and
Burgesses
in
Parliam
▪
ought
not
to
bind
any
Ministers
,
Women
,
Children
,
Infants
,
Servants
,
Strangers
,
Freeholders
,
Citizens
,
Burgesses
,
Artificers
,
or
others
,
(
who
cannot
well
,
properly
be
represented
but
by
persons
of
their
own
sex
,
degrees
,
trade
,
calling
;
&
so
each
sex
,
trade
,
in
each
county
,
Corporation
of
Engl.
should
send
Members
of
their
own
to
Parliament
to
represent
them
)
but
only
such
Freeholders
and
Burgesses
who
had
voices
in
,
and
gave
free
consent
to
their
Elections
,
not
any
who
have
no
voices
by
Law
,
or
dissented
from
those
elected
and
returned
;
Yea
then
it
will
necessarily
follow
;
that
those
Counties
,
Cities
and
Boroughs
whose
Members
have
been
injuriously
impeached
,
suspended
,
driven
away
,
or
thrust
out
of
the
House
of
Commons
by
the
Objectors
and
the
Armies
practise
,
violence
(
contrary
to
all
former
presidents
)
are
absolutely
free
,
exempted
from
,
and
not
bound
by
any
Votes
or
Ordinances
made
,
or
taxes
imposed
by
the
Commons
House
,
because
they
have
no
Members
to
represent
them
residing
in
Parliament
;
and
that
those
Counties
and
Boroughs
whose
Knights
and
Burgesses
are
dead
or
absent
,
are
no
wayes
obliged
by
any
Votes
,
Ordinances
,
or
Grants
in
Parliament
:
And
then
how
few
in
the
Kingdom
will
or
ought
to
yield
obedience
to
any
the
Acts
,
Ordinances
,
or
Votes
of
this
present
Parliament
,
or
to
any
Mayors
,
Sheriffs
,
Aldermen
,
or
Heads
of
Houses
made
by
their
Votes
and
Authority
,
(
usually
made
by
election
heretofore
)
or
to
any
Judges
,
Justices
,
Governours
,
Generals
,
Captains
,
or
other
Militarie
Officers
made
by
their
Commissions
or
appointment
,
without
the
generality
of
the
peoples
Votes
or
consent
;
especially
when
above
half
,
or
three
full
parts
of
the
Members
were
[
*
](A56189-e9870-b)
*
In
August
1647.
&
sundry
Months
following
,
much
more
then
since
most
of
them
secured
and
secluded
by
the
Army
in
Decem.
1648.
&
ever
since
,
together
with
the
whole
House
of
Lords
.
absent
or
driven
from
both
Houses
,
by
the
Objectors
violence
and
menaces
.
These
Answers
premised
,
which
have
cut
off
the
head
of
the
Objectors
Goliah
and
chief
Argument
against
the
Lords
sitting
in
Parliament
;
I
shall
now
proceed
to
the
proof
of
the
Lords
undeniable
Right
and
Authority
to
sit
,
Vote
,
and
give
Judgement
in
our
Parliaments
,
though
not
actually
elected
nor
sent
to
them
by
the
people
,
as
Knights
and
Burgesses
are
.
1.
It
is
evident
,
by
the
Histories
,
Records
of
most
antient
and
modern
Kingdoms
and
Republikes
in
the
world
,
that
their
Princes
,
Nobles
,
Peers
and
great
Officers
of
State
,
have
by
their
Original
Fundamental
Laws
and
Institutions
,
by
right
of
their
very
[
(g)
](A56189-e9920-b)
(g)
31
H.
8.
c.
10.
See
Mr.
Seldens
Titles
of
Honour
,
Cassanaeus
Catalogus
Gloriae
Mundi
:
Alanso
Lopez
in
Nobiliario
,
and
others
who
write
of
Nobility
.
Cambd.
Britan.
of
the
Nobility
and
Courts
of
Justice
in
England
,
and
the
texts
of
Scripture
,
p.
6.
Nobility
,
Peerage
,
and
great
Offices
,
without
any
particular
election
of
the
people
,
a
just
right
and
title
to
sit
,
consult
,
Vote
,
enact
Laws
,
and
give
Judgement
in
all
their
General
Assemblies
of
State
,
Parliaments
,
Diets
,
Councels
;
as
might
be
manifested
by
particular
instances
in
the
Kingdoms
,
Republikes
,
Parliaments
,
Diets
,
and
General
Assemblies
of
the
Jews
,
Aegyptians
,
Grecians
,
Romans
,
Persians
,
Ethiopians
,
Germans
,
French
,
Goths
,
Vandals
,
Hungarians
,
Bohemians
,
Polonians
,
Russians
,
Swedes
,
Scythians
,
Tartars
,
Moors
,
Indians
,
Spaniards
,
Portugals
,
Danes
,
Saxons
,
Scots
,
Irish
,
and
many
others
:
Hence
Dionysius
Halicarnasseus
,
Antiquitatum
Romanorum
l.
2.
Sect.
2.
affirms
,
That
both
hereditary
and
elective
Kings
even
in
the
antientest
times
,
CONSILIUM
HABEBANT
QUOD
EX
OPTIMATIbVS
CONSTABAT
,
had
a
Council
which
consisted
of
Nobles
and
Great
men
,
as
Homer
and
the
most
antient
Poets
attest
,
Neque
(
ut
nostro
seculo
)
Regum
priscorum
dominatus
erat
nimium
sui
juris
,
neque
ab
unius
sententia
pendebat
.
Now
to
deny
the
like
privilege
to
our
English
Peers
and
Nobles
,
which
all
Nobles
,
Peers
in
all
other
Kingdoms
,
Nations
,
Republikes
antiently
have
enjoyed
,
and
yet
doe
constantly
enjoy
,
without
exceptions
or
dispute
,
is
a
gross
injury
,
injustice
,
over-sight
;
yea
a
great
dishonour
both
to
our
Nobility
and
Nation
.
Secondly
,
By
,
and
in
the
very
primitive
constitution
of
our
English
Parliaments
,
for
many
hundred
years
together
there
were
no
Knights
nor
Burgesses
at
all
,
but
only
the
King
and
his
Nobles
:
after
which
,
when
elected
Knights
gestes
were
first
sent
to
Parliament
about
49
H.
3.
it
was
granted
by
the
Kings
grace
,
and
unanimously
agreed
by
the
kingdoms
,
peoples
general
consents
,
that
our
Parliaments
should
alwayes
be
constituted
and
made
up
,
not
of
Knights
and
Burgesses
only
,
(
elected
only
by
[
*
](A56189-e10030-b)
*
8
H.
6.
c.
7.
10
H.
6.
c.
2.
32
H.
6.
c.
15.
Cromptons
Iurisd.
p.
1
,
2.3
.
Cook
4
Instit.
c.
1.
Freeholders
&
Burgesses
,
not
by
the
generality
of
the
vulgar
people
,
who
would
now
claim
,
usurp
this
right
of
Election
)
but
likewise
of
the
King
,
the
Supreme
Member
,
by
whose
[
(h)
](A56189-e10060-b)
(h)
Cook
4
Instit.
c.
1.
p
1.10
.
Modus
tenendi
Parliamentum
;
Cromptons
Iurisdiction
of
Courts
,
tit
.
Parliament
;
Mr.
Seldens
Titles
of
Honour
,
par.
2.
c.
5.
See
the
Abridgement
of
the
Records
of
the
Tower
.
writs
the
Parliaments
were
and
ought
to
be
alwayes
summoned
,
and
of
the
Lords
,
Peers
,
Barons
,
(
ecclesiastical
,
civil
)
and
great
Officers
of
the
Realm
,
who
ought
of
right
to
sit
,
vote
,
make
Laws
,
and
give
Judgement
in
Parliament
by
vertue
of
their
Peerage
,
Baronies
,
Offices
,
without
any
election
of
the
people
:
the
Commons
themselves
being
no
Parliament
,
judicatorie
,
or
Law-givers
alone
,
without
the
King
and
Lords
,
as
Modus
tenendi
Parliamentorum
;
Sir
Ed.
Cook
in
his
4.
Institutes
,
ch.
1.
Mr.
Seldens
Titles
of
Honour
,
part
2.
ch.
5.
Vowell
,
Cambden
,
Sir
Thomas
Smith
,
Cowell
,
Minshaw
,
Crompton
,
with
others
who
have
written
of
our
English
Parliaments
assert
,
and
all
our
Parliament
Rolls
,
Statutes
,
[
(i)
](A56189-e10130-b)
(i)
33
H.
6.16
.
Br.
Parliam.
4.
39
E.
3.7.35
.
11
H.
7.27
.
Br.
Parl.
107.
4
H.
7.18
.
7
H.
7.14
.
Cromptons
Jurisd.
f.
9.
Cook
4
Instit.
p.
15.35
.
Fortesc
.
f.
20.
Dyer
92.
Judge
Huttons
Argument
of
Mr.
Hamdens
case
p.
22
,
23.
Law-books
resolve
,
without
whose
threefold
concurrent
assents
,
there
is
or
can
be
no
legal
Act
nor
Ordinance
of
Parliament
made
,
since
the
Commons
admission
to
vote
in
Parliament
and
assent
to
Bills
,
which
was
but
of
later
times
,
out
of
the
Kings
fr●e
Grace
.
Thirdly
,
This
right
of
theirs
is
confirmed
by
prescription
and
custom
,
from
the
very
first
beginning
of
Parliaments
in
this
kingdom
till
this
present
,
there
being
no
president
to
be
found
in
History
or
Record
of
any
one
Parliament
held
in
this
Island
since
it
was
a
kingdom
,
without
the
King
personally
or
representatively
present
(
by
a
Protector
,
Custos
Regni
,
Commissioners
)
as
he
ought
to
be
,
or
without
Lords
and
Peers
▪
antiently
stiled
Aldermen
,
Heretockes
,
Senators
,
Wisemen
,
Princes
,
Dukes
,
Earls
,
Counts
,
Nobles
,
Great
men
,
&c.
by
our
Historians
;
who
make
mention
of
their
constant
resorting
to
,
sitting
,
voting
,
judging
in
our
General
Assemblies
,
and
Parliamentary
Councils
,
under
these
Titles
,
without
the
peoples
Election
,
(
for
many
hundreds
of
years
before
the
Conquerors
time
)
in
the
antientest
Parliamentary
Councils
we
read
of
under
the
Britons
and
Saxons
;
witness
Beda
,
Ingulphus
,
Geoffry
Monmouth
,
Huntingdon
,
Matthew
Westminster
,
Florentius
Wigorniensis
,
Malmsbury
,
Hector
Boetius
,
Speed
,
and
others
in
their
Histories
;
Antiquitates
Ecclesiae
Britannicae
,
Spelmanni
Concilia
,
Tom
1.
Mr.
Lambard
his
Archaion
,
Sir
Edward
Cook
in
his
Preface
to
the
9.
Report
,
and
fourth
Institut.
c.
1.
M.
Seldens
Titles
of
Honor
,
part
2.
c.
5.
which
I
have
largely
manifested
in
my
Truth
triumphing
over
Falshood
,
Antiquity
over
Novelty
,
p.
56.
to
90.
My
Historical
Collection
of
the
antient
Great
Councils
,
Parliaments
,
&c
:
there
being
little
(
if
any
)
express
or
direct
mention
at
all
of
any
Knights
of
Shires
,
Citizens
or
Burgesses
in
any
of
our
Parliamentarie
Councils
,
before
the
Conquest
,
or
in
the
Conquerors
time
,
nor
yet
in
the
reigns
of
King
William
Rufus
,
Henry
the
1.
Stephen
,
Henry
2.
Richard
1.
King
John
,
or
first
part
of
the
reign
of
Henry
the
3d
,
the
[
*
](A56189-e10470-b)
*
Mr.
Seldens
Titles
of
Honor
,
part
2.
ch.
5.
p.
717.
first
direct
Writ
of
Summons
for
any
Knights
,
Burgesses
or
Commons
to
our
Parliaments
,
now
extant
,
being
that
of
Clause
49
H.
3.
m.
10
,
11.
dorso
:
before
which
no
evident
testimony
can
be
produced
for
their
sitting
or
voting
in
any
great
Councils
or
Parliaments
as
Members
,
but
onely
out
of
the
Spurious
pretended
antient
(
though
in
truth
late
ridiculous
)
Treatise
,
stiled
Modus
tenendi
Parliamentum
,
on
which
[
*
](A56189-e10570-b)
*
4
Instit.
p.
12.
Sir
Edward
Cook
and
others
most
rely
:
And
whereas
some
conclude
,
that
even
in
the
antient
Saxon
Great
Councils
,
the
Commons
were
usually
present
as
Members
,
being
comprehended
under
the
Titles
of
Sapientes
,
Seniores
populi
,
Aeldermanni
,
&c.
(
which
in
the
dialect
of
those
times
signifie
rather
Lords
and
Great
Men
,
than
Commons
or
Burgesses
,
as
all
accord
)
or
at
least
wise
under
these
phrases
,
[
(i)
](A56189-e10620-b)
(i)
Spelman
.
Concil.
p.
194.
praesentibus
omnibus
Ordinibus
illius
Gentis
,
cum
viris
quibusdam
Militaribus
(
rather
Soldiers
than
knights
;
)
of
which
we
find
mention
in
the
Council
of
[
(l)
](A56189-e10640-b)
(l)
Spelman
.
Ibid.
p.
219.
Bechenceld
,
Ann.
697.
or
,
omnium
Sapientum
,
Seniorum
,
&
POPULORUM
totius
Regni
:
coupled
with
these
pre-eminent
Titles
of
,
Omnium
Aldermannorum
,
Principum
,
Procerum
,
Comitum
,
who
met
together
in
a
General
Council
under
Ine
,
Anno
713.
Or
[
(m)
](A56189-e10700-b)
(m)
Spelman
.
p.
318.
cujuscunque
Ordinis
viros
,
in
the
Council
of
Clovesho
,
An.
800.
which
expressions
are
now
and
then
mentioned
in
some
antient
Councils
and
Parliaments
,
though
rarely
:
yet
these
are
rather
conjectural
or
probable
,
than
direct
or
punctual
proofs
of
what
they
assert
,
whenas
the
Lords
Title
to
sit
and
vote
in
them
is
most
direct
and
infallible
.
And
if
that
of
[
(n)
](A56189-e10750-b)
(n)
Hist.
p.
870
Ingulphus
,
with
other
our
Historians
,
and
some
Lawyers
be
true
,
(
which
[
(o)
](A56189-e10790-b)
(o)
1
Instit.
f.
168.
Sir
Edward
Cook
,
and
[
(p)
](A56189-e10810-b)
(p)
Titles
of
Honor
,
part
2
c.
5.
sec.
3.
p
614
●15
▪
&c.
Mr.
Selden
deny
)
that
King
Alfred
first
divided
the
Realm
into
Counties
,
as
all
grant
he
did
into
Hundreds
and
Tithings
,
and
erected
Hundred
Courts
,
wherein
Knights
of
the
Shire
were
alwaies
,
yet
are
,
and
ought
to
be
elected
,
there
could
be
no
Knights
of
Shires
at
least
(
if
any
Citizens
or
Burgesses
)
to
serve
in
Parliament
before
this
division
;
though
there
were
Earls
,
Dukes
,
Barons
before
his
reign
(
who
were
present
by
the
Kings
summons
,
not
peoples
elections
,
at
our
Great
Councils
or
Parliaments
,
)
as
[
(q)
](A56189-e10890-b)
(q)
Titles
of
Honor
,
part
2
c.
5.
sec.
2
,
3
,
4
,
5.
Mr.
Selden
,
and
[
(r)
](A56189-e10910-b)
(r)
Glossarium
,
tit.
Comites
,
&
Comitatus
.
Sir
Henry
Spelman
undeniably
manifest
,
and
I
have
[
*
](A56189-e10930-b)
*
Truth
triumphing
over
Falshood
;
An
Historical
Collection
of
the
Great
Councils
and
Parliaments
of
England
;
2
&
3
Part
of
a
Legal
and
Historical
Vindication
&c.
elsewhere
proved
at
large
.
Their
sitting
,
voting
judging
therefore
in
Great
Councils
,
Parliaments
,
being
so
antient
,
clear
and
unquestionable
ever
since
their
first
beginning
til
now
;
and
the
sitting
of
Knights
,
Citizens
,
Burgesses
by
the
peoples
election
,
in
our
antientest
Great
Councils
,
Parliaments
,
not
so
clearly
evident
by
History
or
Records
as
theirs
:
we
must
needs
acknowledge
,
subscribe
to
this
their
Right
and
Title
;
or
else
deny
the
Knights
,
Citizens
,
Burgesses
rights
to
sit
,
vote
in
our
Great
Councils
,
Parliaments
,
rather
than
theirs
,
who
have
not
so
antient
nor
clear
a
Title
or
right
as
they
,
by
many
hundreds
of
years
.
Fourthly
,
This
Right
and
Privilege
of
theirs
is
vested
legally
in
them
by
the
very
Common
Law
and
Custom
of
the
Realm
,
which
binds
all
men
;
By
the
unanimous
consent
of
all
our
Ancestors
,
and
all
the
Commons
of
England
from
age
to
age
assembled
in
Parliament
,
since
they
sat
in
any
Parliaments
;
who
alwaies
consented
to
,
desired
,
and
never
opposed
the
Lords
sitting
,
voting
,
power
or
Judicature
in
Parliament
;
and
by
[
*
](A56189-e11000-b)
*
King
Johns
Magna
Charta
in
Mat.
Paris
.
p.
247.
Magna
Charta
it self
,
signed
and
ratified
by
King
John
,
wherein
it
is
expresly
granted
,
Ad
habendum
COMMUNE
CONCILIVM
REGNI
de
auxiliis
assidendis
,
&
de
Scutagiis
assidendis
,
submoneri
faciemus
Archiepiscopos
,
Episcopos
,
Abbates
,
Comites
&
MAJORES
BARONES
REGNI
singulatim
per
Literas
nostras
,
&c.
And
in
the
[
*
](A56189-e11040-b)
*
Proeme
,
&
ch.
2
.
14.1●.37.38
.
Great
Charter
of
King
Henry
the
3.
they
are
first
mentioned
and
provided
for
.
Hereupon
King
Henry
the
third
(
not
long
after
Magna
Charta
was
granted
,
and
at
the
same
time
it
was
proclamed
,
confirmed
with
a
most
solemn
Excommunication
in
the
presence
of
all
the
Lords
,
and
Commons
,
by
all
the
Bishops
of
England
,
against
the
infringers
thereof
)
summoning
a
Parliament
at
London
in
the
year
1255.
to
aid
him
in
his
warrs
in
Apulia
;
the
Earls
and
Barons
absolutely
refused
to
give
him
any
assistance
or
answer
at
all
,
for
this
reason
;
Quod
omnes
(
Barones
)
tunc
temporis
non
fuerunt
juxta
tenorem
Magnae
Chartae
suae
vocati
;
&
ideo
sine
Paribus
suis
tunc
absentibus
,
nullum
voluerunt
tunc
responsum
dare
,
vel
Auxilium
concedere
vel
praestare
.
[
(s)
](A56189-e11150-b)
(s)
Mar.
Paris
,
An.
1255
p.
884
,
885.
Daniel
.
p.
172.
That
ALL
THE
BARONS
were
not
summoned
by
him
to
this
Parliament
,
as
they
ought
to
be
according
to
the
tenor
of
Magna
Charta
;
whereupon
they
departing
in
discontent
,
and
refusing
to
sit
longer
,
[
(t)
](A56189-e11190-b)
(t)
Mr.
St.
Johns
Speech
concerning
Shipmony
,
p.
33.
1
H.
4.
n.
21.22
,
25
,
30.
the
Parliament
was
first
adjourned
,
and
at
last
dissolved
,
And
upon
this
very
ground
,
among
others
,
the
Parliament
of
21
R.
2.
with
all
the
Acts
and
proceeding
therein
were
totally
repealed
and
nulled
by
the
Parliament
of
1
H.
4.
because
the
Lords
who
adhered
to
the
King
were
summoned
by
him
to
the
Parliament
,
and
some
of
the
opposite
party
imprisoned
,
impeached
,
unsummoned
;
and
many
of
the
Knights
of
the
shire
were
elected
only
by
the
Kings
nomination
,
and
Letters
to
the
Sherifs
:
And
the
Parliament
it self
kept
by
force
,
viris
armatis
,
et
sagittariis
immensis
,
brought
out
of
Cheshire
,
as
an
extraordinary
guard
,
quartered
in
the
Kings
Court
at
Westminster
,
and
about
Charing
Crosse
,
and
the
Muse
;
of
which
[
(u)
](A56189-e11320-b)
(u)
Chron.
p.
389
,
390.
Grafton
,
and
other
Historians
write
thus
.
That
they
fell
into
so
great
pride
of
the
Kings
favour
,
that
they
accounted
the
King
to
be
as
their
fellow
,
and
they
set
the
Lords
at
nought
;
yet
few
or
none
of
them
were
Gentlemen
,
but
taken
from
the
plough
,
and
Cart
,
and
other
Crafts
▪
And
after
these
rustical
people
had
a
while
courted
,
they
entred
into
so
great
a
boldness
,
that
they
would
not
let
,
neither
within
nor
without
the
Court
,
to
beat
and
slay
the
Kings
good
Subjects
;
to
take
from
them
their
victuals
,
and
pay
for
them
little
or
nothing
,
at
their
pleasure
;
(
as
our
free-quar●erers
do
now
)
falling
at
last
to
ravish
mens
wives
and
daughters
:
And
if
any
man
fortuned
to
complain
of
them
to
the
King
,
he
was
soon
rid
out
of
the
way
no
man
knew
how
,
or
or
by
whom
,
so
as
they
did
what
they
listed
;
the
King
not
caring
to
doe
justice
upon
them
,
but
favouring
them
in
their
mis-doings
,
confiding
in
them
and
their
guards
against
any
others
of
the
kingdom
,
which
gave
the
Lieges
of
his
kingdom
great
matter
of
commotion
and
discontent
.
The
bringing
up
of
which
guard
to
Westminster
,
to
force
,
and
overawe
the
Parliament
to
effect
his
designs
,
is
one
principle
Article
exhibited
against
him
by
the
Parliament
,
of
1
H.
4.
wherein
he
was
forced
to
resign
his
Crown
,
and
then
deposed
.
I
pray
God
our
new
armed
Guard
and
Courtiers
at
Whitehall
and
the
Muse
(
of
as
mean
condition
as
those
)
fall
not
by
degrees
to
the
self-same
exorbitances
,
contempt
of
the
King
,
Lords
,
Parliament
,
and
oppression
of
the
people
,
to
their
general
mutining
and
discontent
.
In
the
Parliaments
of
6
E.
3.
N.
1.
&
Parl.
2
,
N.
5.6
,
8
9
,
8
E.
3.
N.
5.
15
E.
3.
N.
4.
17
E.
3.
N.
2.
20
E.
3.
N.
5.
21
E.
3.
N.
4.
22
E.
3.
N.
1.
25
E.
3.
N.
1.
29
E.
3.
N.
4.
30
E.
3.
N.
1.
37
E.
3.
N.
1.
42
E.
3.
N.
1.
50
E.
3.
N.
1.
51
E.
3.
N.
3.
1
R.
2.
N.
1.
2
R.
2.
N.
1.
3
R.
2.
N.
1.
4
R.
2.
N.
1.
5
R.
2.
N.
65.
6
R.
2.
N.
6.
7
R.
2.
N.
1.
9
R.
2.
N.
1.
8
H.
4.
N.
54.
We
find
in
these
Parliament
Rolls
,
that
these
Parliaments
have
been
usualy
prorogued
,
adjourned
from
the
days
they
were
summoned
to
meet
,
and
have
not
saie
,
nor
acted
at
all
,
because
sundry
of
the
Lords
(
&
some
Commons
)
were
not
come
,
but
absent
by
reason
of
foul
weather
,
shortness
of
warning
,
or
other
publique
imployments
:
all
their
personal
presence
in
Parliament
being
reputed
necessary
and
expedient
.
And
20
R.
2.
N.
8.
The
Commons
themselves
in
Parliament
required
the
King
,
to
send
for
such
Bishops
and
Lords
who
were
absent
,
to
come
to
tho
Parliament
,
before
they
would
consult
upon
what
the
Chancellor
propounded
to
them
in
the
Kings
name
and
behalf
to
consider
of
.
To
recite
no
more
antient
presidents
:
In
the
Parliament
of
2
Caroll
,
the
Earl
of
Arundel
not
sitting
in
the
Parliament
,
being
after
his
summons
committed
by
the
King
to
the
Tower
of
London
,
about
his
Sons
mariage
,
May
25.
1626.
without
the
Lords
privity
and
consent
▪
whereby
their
privileges
were
infringed
,
and
the
House
deprived
of
one
of
their
Members
presence
;
thereupon
the
House
of
Peers
made
this
memorable
Petition
and
Remonstrance
of
their
Privileges
to
the
King
.
The
humble
Remonstrance
and
Petition
of
the
Peers
,
MAy
it
please
your
Majestie
,
we
the
Peers
of
this
Realm
,
now
assembled
in
Parliament
,
finding
the
Earl
of
Arundel
absent
from
his
place
amongst
us
,
his
presence
was
therefore
called
for
:
But
thereupon
a
message
was
delivered
us
from
your
Majestie
,
by
the
Lord
Keeper
,
That
the
Earl
of
Arundel
was
restrained
for
a
misdemeanor
which
was
personal
to
your
Majesty
,
and
lay
in
the
proper
knowledge
of
your
Majesty
,
and
had
no
relation
to
matter
of
Parliament
.
This
Message
occasioned
us
to
inquire
into
the
Acts
of
our
Ancestors
,
and
what
in
like
cases
they
had
done
,
that
so
we
might
not
erre
in
a
dutifull
respect
to
your
Majesty
,
and
yet
preserve
our
right
and
privileges
of
Parliament
.
And
after
diligent
search
made
,
both
of
all
Stories
,
Statutes
,
and
Records
that
might
inform
us
in
this
case
,
we
find
i●
to
be
an
undoubted
Right
,
and
constant
Privilege
of
Parliament
;
That
no
Lord
of
Parliament
,
sitting
in
Parliament
,
or
within
the
usual
time
of
Privilege
of
Parliament
,
is
to
be
imprisoned
or
restrained
(
without
sentence
or
order
of
the
House
)
unlesse
it
be
●or
Treason
or
Felony
,
or
for
refusing
to
give
surety
for
the
Peace
:
And
to
satisfie
our selves
the
better
,
we
have
heard
all
that
could
be
aleged
by
your
Majesties
learned
Counsel
at
Law
,
that
might
any
way
infringe
or
weaken
this
claim
of
the
Peers
;
and
to
all
that
can
be
shewed
or
alleged
so
full
satisfaction
hath
been
given
,
as
that
all
the
Peers
in
Parliament
,
upon
the
question
made
of
this
Privilege
,
have
una
voce
consented
,
that
this
is
the
undoubted
right
of
the
Peers
,
and
hath
been
inviolably
enjoyed
by
them
.
Wherefore
we
your
Majesties
loyal
Subjects
,
and
humble
Servants
,
the
whole
body
of
the
Peers
in
Parliament
assembled
,
most
humbly
beseech
your
Majesty
,
that
the
Earl
of
Arundel
,
a
Member
of
this
Body
,
may
presently
be
admitted
,
by
your
gracious
favour
,
to
come
sit
and
serve
your
Majesty
and
the
Commonwealth
in
the
great
affairs
of
this
Parliament
,
And
we
shall
pray
,
&c.
Upon
which
Remonstrance
and
Petition
,
the
King
refusing
to
inlarge
him
,
thereupon
the
Lords
to
maintain
their
Privilege
,
adjourned
themselves
on
the
25
and
26
of
May
,
without
doing
any
thing
;
and
upon
the
Kings
refusal
to
release
him
,
they
adjourned
from
May
26
,
till
June
2.
refusing
to
sit
,
and
so
the
Parliament
dissolved
in
discontent
:
his
imprisonment
in
this
case
being
a
breach
of
privilege
,
contrary
to
Magna
Charta
.
In
this
very
Parliament
the
Lord
Digby
Earl
of
Bristol
being
omitted
out
of
the
summons
▪
of
Parliament
,
upon
complaint
to
the
Lords
House
was
by
order
admitted
to
set
therein
,
as
his
Birthright
,
from
which
he
might
not
be
debarred
for
want
of
Summons
,
which
ought
to
have
been
sent
unto
him
,
ex
debito
Iustitiae
,
as
Sir
Edward
Cook
in
his
4
Institutes
,
p.
1.
The
Act
for
ttriennial
Parliaments
,
and
King
John
great
Charter
resolve
.
And
not
long
after
the
beginning
of
this
Parliament
,
upon
the
Kings
accusation
and
impeachment
of
the
Lord
Kimbolton
and
the
five
Members
of
the
Commons
House
,
[
*
](A56189-e12480-b)
*
An
Exact
Collection
,
part.
1.
p.
36.
to
56.
both
Houses
adjourned
,
and
sate
not
as
Houses
,
till
they
had
received
satisfaction
and
restitution
of
those
Members
,
as
the
Journals
of
both
Houses
manifest
,
it
being
an
high
breach
of
their
Privileges
,
contrary
to
the
Great
Charter
.
If
then
the
Kings
bare
not
summoning
of
some
Pears
to
Parliament
,
who
ought
to
sit
there
by
their
right
of
Perage
;
or
impeaching
,
or
imprisoning
any
Peer
unjustly
,
to
disable
them
to
sit
personally
in
Parl.
be
a
breach
of
Privilege
of
the
fundamental
Laws
of
the
Realm
,
and
Magna
Charta
it self
,
(
confirmed
in
above
40
successive
Parliaments
)
then
the
Lords
right
to
sit
,
vote
,
and
judge
in
Parliament
is
as
firm
and
indisputable
as
Magna
Charta
can
make
it
,
and
consented
to
,
confirmed
by
all
the
Commons
,
people
,
and
Parliaments
of
England
,
that
ever
consented
to
Magna
Charta
,
though
they
be
not
eligible
,
every
Parliament
by
the
Freeholders
,
people
,
as
Knights
and
Burgesses
ought
to
be
:
and
to
deny
this
birthright
and
privilege
of
theits
,
is
to
deny
Magna
Charta
it self
,
and
this
present
Parliaments
Declarations
,
proceedings
in
the
case
of
the
Lord
Kimbolton
,
a
Member
of
the
House
of
Peers
.
[
*
](A56189-e12650-b)
*
See
Cook
4
Instit.
p.
12.
for
the
Antiquity
&
for
the
Authority
of
this
treatise
,
which
in
truth
is
meerly
spurious
.
See
Seldens
titles
of
Honour
,
p.
613.738
.
to
743.
The
manner
of
holding
Parliaments
in
England
in
Edward
the
Confessors
time
(
befose
the
Conquest
)
rehearsed
(
afterwards
)
before
William
the
Conquerour
,
by
the
discreet
men
of
the
Kingdom
,
and
by
himself
approved
and
used
in
his
time
,
and
in
the
times
of
his
successors
Kings
of
England
;
(
if
the
Title
be
true
,
and
the
Treatise
so
antient
as
Sir
Edward
Cook
,
&
others
now
take
it
to
be
)
When
as
its
mention
of
the
[
(1)
](A56189-e12730-b)
(1)
An.
1132.
Bishop
of
Carlisles
usual
place
in
Parliaments
;
(
which
Bishoprick
was
not
founded
till
the
year
of
our
Lord
1132.
or
1134.
as
[
(2)
](A56189-e12750-b)
(2)
An.
1134.
p.
400.
Matthew
Paris
,
Matthew
Westminster
,
Roger
Hoveden
,
[
(3)
](A56189-e12770-b)
(3)
His
Catalogue
of
Bishops
of
Carlisle
.
Godwin
and
others
attest
in
the
later
end
of
Henry
the
first
his
reign
:
)
Its
men●ion
of
the
Mayors
of
London
&
other
Cities
,
and
writs
usually
directed
to
them
to
elect
two
Citizens
to
serve
in
Parliament
;
whereas
London
it self
had
[
(4)
](A56189-e12840-b)
(4)
Graftons
&
Stows
Catalogues
of
the
Maiors
of
London
.
no
Mayor
before
the
year
1208.
(
being
the
9.
year
of
King
John
)
nor
other
Cities
Mayors
til
divers
years
after
;
nor
can
any
Writs
for
electing
Knights
of
Shires
,
Citizens
or
Burgesses
to
serve
in
Parliament
,
which
it
oft
times
writes
of
,
be
produced
before
49
H.
3.
nor
any
Writs
to
levy
their
expences
or
wages
for
their
Service
in
Parliaments
,
which
it
recites
,
be
produced
before
the
reign
of
King
Edward
the
1.
Nor
was
the
name
of
Parliament
,
which
it
mentions
and
writes
of
,
so
much
as
used
by
any
Author
before
the
later
end
of
King
Henry
the
3.
his
reign
,
after
whose
reign
this
Modus
was
certainly
compiled
,
towards
the
end
of
K.
Richard
the
2.
or
after
,
as
other
passages
in
it
evidence
beyond
all
contradiction
)
This
magnified
Treatise
,
be
it
genuine
or
spurious
,
determines
thus
of
the
Kings
and
Lords
rights
to
be
personally
present
in
all
Parliaments
.
The
King
is
bound
by
all
means
possible
to
be
present
at
the
Parliament
,
unless
he
be
detained
or
let
there
from
by
bodily
sickness
;
and
then
he
may
keep
his
Chamber
,
yet
so
that
he
lye
not
without
the
Manour
or
Town
where
the
Parliament
is
held
:
and
then
he
ought
to
send
for
twelve
persons
,
of
the
greatest
and
best
of
them
that
are
summoned
to
the
Parliament
;
that
is
,
two
Bishops
,
two
EARLS
,
two
BARONS
,
two
Knights
of
the
Shire
,
two
Burgesses
,
and
two
Citizens
to
look
upon
his
person
to
testifie
and
witness
his
estate
;
and
in
their
presence
he
ought
to
make
a
Commission
and
give
Authority
to
the
Archbishop
of
the
Place
,
the
Steward
of
England
,
and
Chief
Justice
,
that
they
joyntly
and
severally
should
begin
the
Parliament
,
and
continue
the
same
in
his
name
,
express
mention
being
made
in
that
Commission
of
the
cause
of
his
absence
thence
;
which
ought
to
suffice
and
admonish
the
OTHER
NOBLES
,
and
chief
men
in
the
Parliament
,
together
with
the
evident
testimonie
of
the
twelve
Peers
,
&c.
The
reason
is
,
Because
there
was
wont
to
be
a
cry
or
murmur
in
the
Parliament
for
the
Kings
absence
,
because
his
absence
is
hurtfull
and
dangerous
to
the
whole
Commonalty
of
the
Parliament
and
Kingdom
.
Neither
indeed
ought
or
may
he
be
absent
,
but
only
in
the
case
aforesaid
.
After
which
it
follows
,
The
Archbishops
,
Bishops
,
and
other
chief
of
the
Clergy
ought
to
be
summoned
to
come
to
the
Parliament
;
and
also
EVERY
EARL
and
BARON
,
and
their
PEERS
OUGHT
TO
BE
SUMMONED
and
COME
TO
THE
PARLIAMENT
,
&c.
Touching
the
beginning
of
the
Parliament
,
The
Lord
the
King
,
shall
sit
in
the
midst
of
the
great
bench
,
and
is
bound
to
be
present
in
the
first
and
last
day
of
Parliament
.
And
the
Chancellort
,
Treasurer
,
and
Barons
of
the
Exchequer
,
and
Justices
were
wont
to
record
the
defaults
made
in
Parliament
according
to
the
order
following
.
In
the
third
day
of
the
Parliament
,
the
Barons
of
the
Cinqueports
shall
be
called
,
and
afterwards
the
BARONS
of
England
;
after
them
the
EARLS
,
Whereupon
if
the
Barons
of
the
Cinqueports
be
not
come
,
the
Baronie
from
whence
they
are
shall
be
amerced
at
an
hundred
marks
;
and
an
Earl
at
one
hundred
pounds
:
After
the
same
manner
it
must
be
done
to
those
who
are
Peers
to
Earls
and
Barons
.
After
which
it
relates
the
manner
of
placing
the
Earls
,
Baron
;
and
Peers
in
Parliament
;
Then
adds
,
The
Parliament
may
be
held
,
and
OUGHT
every
day
to
begin
at
one
of
the
clock
in
the
afternoon
:
at
which
time
the
King
is
to
be
present
at
the
Parliament
,
and
all
the
Péers
of
the
Kingdome
.
None
of
all
the
Peers
of
the
Parliament
may
or
ought
to
depart
alone
from
the
Parliament
,
unless
he
have
obtained
(
and
that
in
full
Parliament
)
leave
from
the
King
and
all
his
Péers
so
to
doe
;
and
that
withall
there
be
a
remembrance
kept
in
the
Parliament
roll
of
such
Leave
and
Libertie
granted
.
And
if
any
of
the
Peers
during
the
term
of
the
Parliament
shall
be
sick
or
weak
,
so
as
he
is
not
able
to
come
to
the
Parliament
,
then
he
ought
three
dayes
together
send
such
as
may
excuse
him
to
the
Parliament
,
or
else
two
Peers
must
go
and
view
him
▪
and
if
they
find
him
sick
,
then
he
may
make
a
Proxie
.
Of
the
Parliament
,
the
King
is
the
Head
,
the
beginning
and
ending
.
So
this
Treatise
.
The
Statute
of
5
R.
2.
Parl.
2.
ch.
4.
enacts
by
Command
of
the
King
,
and
Assent
of
the
Prelates
,
Lords
and
Eommons
in
Parliament
;
That
all
and
singular
persons
and
Commonalties
,
which
from
henceforth
shall
have
the
Summons
of
the
Parliament
,
shall
come
from
henceforth
to
the
Parliament
in
the
manner
,
as
they
be
bound
to
doe
,
and
hath
been
accustomed
within
the
Realm
of
England
of
old
time
.
And
every
person
of
the
said
Realm
which
from
henceforth
shall
have
the
said
Summons
(
be
he
Archbishop
,
Bishop
,
Abbot
,
Prior
,
Duke
,
Lord
,
Baron
,
Baronet
,
Knight
of
the
Shire
,
Citizen
of
City
,
Burgess
of
Burgh
,
or
other
singular
person
or
Commonalty
)
do
absent
himself
,
or
come
not
at
the
said
Summons
,
(
except
he
may
reasonably
or
honestly
excuse
himself
to
our
Soveraign
Lord
the
King
)
he
shall
be
amerced
and
otherwayes
punished
according
as
of
old
time
hath
béen
used
to
be
done
,
within
the
said
Realm
in
the
said
case
.
Which
relates
unto
and
agrees
expresly
with
that
forecited
out
of
Modus
tenendi
Parliamentum
,
(
which
took
it
out
of
this
Act.
)
If
then
all
the
Lords
,
Peers
in
Parliament
are
bound
to
attend
in
Parliament
,
being
oft
times
there
all
called
for
by
name
,
and
ought
not
to
depart
from
it
without
the
Kings
and
Houses
leave
,
under
pain
of
Amercement
and
other
punishment
as
this
Statute
resolves
,
and
3
Ed.
3.19
.
Fitzh
.
Coron.
161.
Stamford
,
l.
3.
c.
1.
f.
153.
Cook
4
Instit.
p.
15
,
16
,
17.43
.
28
E.
3.
Nu.
1
,
2.
5
R.
2.
n.
2.
8
H.
4.
n.
55.
and
31
H.
6.
n.
45.
(
Where
fines
were
imposed
on
absent
Lords
)
most
fully
mamanifest
;
then
questionless
they
ought
of
right
to
sit
in
Parliament
,
else
it
were
the
height
of
Injustice
thus
to
fine
them
.
In
the
tenth
year
of
King
[
*
](A56189-e13240-b)
*
Graftons
chroh
.
p.
348.350
.
R.
2.
this
King
absented
himself
from
his
Parliament
then
sitting
at
Westminster
,
residing
at
Eltham
about
forty
daies
,
and
refusing
to
come
to
the
Parliament
,
and
yet
demanding
from
them
four
Fifteens
for
maintenance
of
his
Estate
and
outward
Warres
:
Whereupon
the
whole
body
of
the
Parliament
made
this
answer
;
That
unless
the
King
were
present
they
would
make
therein
no
allowance
.
Soon
after
they
sent
the
Duke
of
Glocester
and
Bishop
of
Ely
,
Commissioners
to
the
King
to
Eltham
,
who
declared
to
him
among
other
things
in
the
Lords
and
Commons
behalf
;
how
that
by
[
*
](A56189-e13330-b)
*
That
in
the
Modus
Tenendi
Parl.
touching
the
Kings
absence
from
the
Parliament
,
was
grounded
on
this
passage
;
therefore
writ
after
.
an
old
Ordinance
they
have
an
Act
,
if
the
King
absent
himself
40
dayes
not
being
sick
,
but
of
his
own
mind
,
(
not
heeding
the
charge
of
his
people
,
nor
their
great
pains
)
and
will
not
resort
to
the
Parliament
,
they
may
then
lawfully
return
to
their
Houses
.
And
now
sir
(
said
they
)
you
have
been
absent
a
longer
time
,
and
yet
refuse
to
come
amongst
us
,
which
is
greatly
to
our
discontent
.
To
which
the
King
answered
;
Well
,
we
do
consider
,
that
our
own
people
and
Commons
go
about
to
rise
against
us
,
wherefore
we
think
we
can
do
no
better
,
than
to
ask
aid
of
our
Cosen
the
French
King
,
and
rather
to
submit
us
to
him
,
than
unto
our
own
subjects
.
The
Lords
answered
,
Sir
,
that
Counsell
is
not
best
,
but
a
way
rather
to
bring
you
into
danger
,
&c.
By
whose
good
perswasions
the
King
was
appeased
,
and
promised
to
come
to
the
Parliament
,
and
condiscend
to
their
Petitions
:
and
according
to
his
appointment
he
came
,
and
so
the
Parliament
proceeded
,
which
else
had
dissolved
by
the
Lords
departure
thence
in
discontent
,
a●d
the
Kings
wilfull
absence
.
Ranulf
de
Glanvil
the
first
writer
of
our
Common
Laws
,
in
his
Prologue
to
his
book
De
legibus
&
consuetuainibus
Regni
Angliae
,
(
used
in
the
reign
of
King
H.
the
2.
under
whom
he
flourished
,
and
his
Predecessors
)
writes
thus
of
the
Parliamentary
Councils
in
that
age
,
and
their
Members
power
to
enact
Laws
.
Leges
Anglicanas
,
licet
non
scriptas
leges
appellari
non
videtur
absurdum
,
cum
hoc
ipsum
Lex
sit
,
quod
Principi
placet
,
et
legis
habet
vigorem
:
eas
scilicet
quas
super
dubiis
in
Consilio
desiniendis
,
Procerum
quidem
Concilio
et
principis
accidente
authoritate
constat
esse
promulgatas
.
And
lib.
13.
cap.
32.
f.
110.
Cum
quis
itaque
infra
assisam
Dom.
Reg.
id
est
,
infra
tempus
,
A
Dom.
Rege
de
consilio
Procerum
,
adhoc
constitutum
,
quod
quandoque
majus
quandoque
minus
censetur
.
So
as
the
Parliaments
under
this
King
and
his
Ancestors
,
consisted
only
of
the
King
and
Nobles
,
who
then
made
and
enacted
Laws
by
the
Kings
royal
assent
,
without
any
Knights
,
Citizens
,
or
Burgesses
elected
by
the
people
,
of
which
I
find
no
mention
in
the
Parliamentary
Councils
under
this
King
,
[
(b)
](A56189-e13510-b)
(b)
Mat.
Paris
p.
96
,
67.
Mat.
Westm.
an.
1164
Hoved.
annal.
pars
poster
.
p.
499.
Chron.
Gervasii
col.
1385
,
1386.
Antiq.
Eccles.
Brit.
p.
122.
Radulf
.
de
Dicero
Imagines
,
Hist.
col.
536.
Fabian
,
Holinshed
,
Grafton
,
Speed
,
Daniel
.
who
as
some
erroniously
assert
,
first
summoned
Knights
,
Citizens
and
Burgesses
to
our
Parliaments
.
In
the
Parliamentary
Councel
at
Clarindon
,
under
King
H.
the
2.
An.
1164.
Jo.
de
Oxonia
,
by
the
Kings
command
(
there
present
)
sate
President
,
Presentibus
etiam
Archiep●scopis
,
Episcopis
,
Abbatibus
,
Prioribus
,
Comitibus
,
Baronibus
,
et
Proceribus
regni
,
wherein
they
made
a
Recognition
of
the
customs
and
liberties
of
his
Grandfather
King
Henry
the
1.
and
other
his
Ancestors
,
which
ought
to
be
observed
by
all
persons
within
the
Realm
,
by
reason
of
the
discords
often
happening
between
the
Clergy
and
temporal
Justices
,
and
great
men
of
the
Realm
.
These
they
reduced
to
16
Articles
,
very
much
ecclipsing
the
Popes
and
Bishops
ecclesiastical
Jurisdiction
.
This
[
(c)
](A56189-e13580-b)
(c)
Chronica
Gervasii
,
col.
1433.
Recognition
the
Archbishops
,
B●shops
,
Abbots
,
Priors
,
Clergy
,
cum
Comitibus
Proceribus
et
Baronibus
cunctis
una
voce
,
firmly
promised
in
the
word
of
truth
,
bona
fide
,
to
observe
and
keep
to
the
King
and
his
heirs
for
ever
,
without
male
engin
.
The
11
of
these
Articles
runs
thus
.
Archiepiscopi
et
Episcopi
sicut
caeteri
Barones
debent
interesse
Iudiciis
Curiae
(
to
wit
of
Parliament
)
cum
Baronibus
,
quousque
perveniatur
in
judicio
ad
d●minutionē
membrorum
,
vel
ad
mortem
.
Which
proves
the
judicial
power
of
Parliaments
to
be
then
only
in
the
Lords
and
Barons
.
In
the
year
1170.
(
the
16
of
Henry
●
.
)
on
the
Feast
of
St.
Bernard
,
Rex
magnum
celebravit
Concilium
Londoniis
cum
Principibus
et
Magnatibus
curiae
suae
,
de
coronatione
Henrici
filii
sui
:
So
[
(d)
](A56189-e13720-b)
(d)
Annal.
pars
posterior
,
p.
518.
Hoveden
,
Anno
1172.
Rex
Angliae
Henricus
convocatis
regui
Primoribus
apud
Northamptoniam
renove●unt
Assis●m
Clarindoniae
,
eamque
praecepit
observari
.
[
(e)
](A56189-e13760-b)
(e)
Roger
de
Hoveden
Annal.
pars
post
.
p.
544.
In
the
year
1175.
King
Henry
the
second
and
his
son
held
a
great
Council
at
York
,
where
the
agreement
between
him
and
the
King
of
Scots
(
there
present
,
with
most
of
his
Bishops
,
Abbots
and
Nobles
)
was
read
and
confirmed
before
the
King
and
his
Son
,
the
Arehbishop
of
York
,
the
Bishop
of
Durham
,
&
Comitibus
&
Baronibus
Angliae
.
The
[
(f)
](A56189-e13840-b)
(f)
Hoveden
p.
546.
Antiq.
Ecclesias
Brit.
p.
94
,
95.
s●me
year
Rex
magnum
congregavit
coneslium
●pud
Windeshores
in
octavis
Sancti
Michaelis
praesentibus
&
Rege
filio
Richardo
Cant.
Archiepiscopo
&
Episcopis
Angliae
,
&
Laurent●o
Dubli●ensi
Archiepiscopo
.
Praesentibus
e●i●m
Comitibus
et
Baronibus
Angliae
,
In
which
some
controversies
in
Ireland
were
ce●cided
.
In
the
year
[
(g)
](A56189-e13960-b)
(g)
Hoveden
Annal.
pars
post
.
p.
548.
1176.
King
Henry
coming
to
No●ingham
on
the
feast
of
Sr.
Pauls
conversion
,
ibi
celebravit
Magnum
Concilium
de
statute
regni
sui
,
et
coram
rege
filio
su●
.
Archiepiscopis
,
Episcopis
,
Comitibus
et
Baronibus
Regn●
sui
,
Communi
omnium
Concilio
divisit
regnum
suum
in
sex
partes
,
per
quarum
singu●a●
tres
▪
Justiciarios
itinerantes
constituit
;
whose
names
,
Commissions
,
and
Articles
are
there
at
large
recorded
.
And
the
same
year
this
King
held
another
[
(h)
](A56189-e14030-b)
(h)
Hoveden
P.
551.
Great
Council
at
London
,
in
which
the
King
Consilio
universorum
Episcoporum
,
Comitum
et
Baronum
Regni
concessit
Regi
Siciliae
filiam
suam
.
[
(i)
](A56189-e14080-b)
(i)
Hoveden
annal.
pars
poster
.
p.
561.
to
566.
Mat.
Paris
,
p.
127.
In
the
year
1177.
King
Henry
the
2.
summoned
a
Great
Counc●l
to
determin
the
great
Controversy
between
Sanctius
King
of
Navarr
,
and
Alphonsus
King
of
Castile
;
whose
Advocates
propounding
and
debating
their
cases
in
the
presence
of
the
King
and
of
his
Bishops
,
Earls
and
Barons
;
the
King
habito
cum
Episcopis
,
Comitibus
et
Baronibus
nostris
cum
deiiberatione
consilio
,
drew
up
by
their
advice
an
award
between
them
under
his
great
Seal
,
recorded
at
large
in
Hoveden
,
who
writes
Comites
et
Barones
Regalis
Curiae
Angliae
adjudicaverunt
plenariam
,
utrique
parti
supradictae
,
quae
in
jure
petita
fuer●nt
,
fieri
restitutionem
.
The
like
they
did
in
the
[
[k]
](A56189-e14190-b)
[k]
Hoveden
p.
560.
Council
of
Northampton
in
other
cases
held
the
same
year
.
Anno
1188.
King
Henry
the
2.
on
the
3d
of
February
held
a
Parliamentary
Council
at
[
[l]
](A56189-e14220-b)
[l]
Chronica
Gervasii
,
col.
1522.
Hoveden
,
p.
642.
Gaintington
,
about
8
or
10.
miles
from
Northampton
,
where
convenerunt
unà
cum
Rege
PRAESULES
ET
PRINCIPES
REGNI
,
de
defensione
sacrosanctae
terrae
Jerosolymae
tractaturi
,
where
after
long
debate
they
made
8.
Statutes
concerning
that
voyage
.
The
very
same
year
the
Kings
of
England
and
France
on
the
10.
of
February
came
to
a
conference
about
their
Voyage
to
Jerusalem
;
cum
Archiepiscopis
,
Comitibus
et
Baronibus
Regnorum
suorum
,
as
they
had
formerly
done
in
the
same
manner
and
place
,
An.
1173.
and
as
they
did
afterwards
An.
1189.
Cum
Archiepiscopis
,
Episcopis
et
Baronibus
suis
.
[
[m]
](A56189-e14330-b)
[m]
Hoveden
p.
641.556.653
.
So
as
during
King
Henry
the
seconds
whole
reign
,
we
read
of
no
Knights
,
Citizens
and
Burgesses
electcted
by
the
people
present
in
our
Parliamentary
Councils
,
but
only
the
King
,
Prelates
,
Earls
,
Barons
and
Nobles
alwaies
mentioned
by
name
,
and
Judges
in
them
.
Only
I
find
this
one
expression
in
[
[n]
](A56189-e14350-b)
[n]
Annal.
p.
643.
Hoveden
,
An.
1188.
Rex
statim
(
apud
Gaintington
)
congregavit
Magnum
Concilium
Episcoporum
,
Abbatum
,
Comitum
et
Baronum
,
et
aliorum
multorum
tam
Clericorum
quam
Laicorum
,
(
but
that
these
were
Knights
,
Citizens
and
Burgesses
elected
by
the
people
,
and
not
persons
particularly
summoned
and
nominated
by
the
King
himself
to
be
Assessors
&
Collectors
of
the
Tenths
,
there
to
receive
their
instructions
for
it
,
which
is
most
probable
,
cannot
be
thence
inferred
)
ubi
in
publica
audientia
recitari
fecit
omnia
supradicta
capitula
quae
constituerat
de
Cruce
capienda
:
et
tunc
Dominus
Rex
misit
servientes
suos
,
Clericos
&
Laicos
,
per
singulos
Comitatus
Angliae
ad
Decim
as
colligendas
(
most
likely
the
aliorum
muliorum
tam
Clericorum
quam
Laicorum
,
present
at
this
great
Council
)
secundum
praedictam
Ordinationem
in
terris
suis
transmarinis
constitutam
,
to
wit
,
at
Cenomanum
,
ubi
consilio
suorum
,
(
to
wit
,
of
the
Archbishops
,
Bishops
,
Earls
and
Barons
there
with
him
)
ordinavit
,
quod
unusquisque
decimam
redditorum
et
mobilium
suorum
in
eleemo
sinam
dabit
ad
subventionem
terrae
Jerosolymitanae
hoc
anno
(
exceptis
armis
&
equis
,
&
vestibus
militum
,
&c.
)
Sed
de
singulis
urbibus
totius
Angliae
,
fecit
elegi
omnes
ditiores
,
videlicet
,
de
Londonio
200
,
&
de
Eboraco
100
,
&
de
aliis
Urbibus
secundum
quantitatem
&
numerum
eorum
:
&
fecit
omnes
sibi
praesentari
diebus
&
locis
statutis
,
de
quibus
caepit
Decimam
mobilium
suorum
secundum
aestimationem
virorum
fidelium
,
qui
noverant
redditus
et
mobilia
eorum
:
Si
quos
autem
invenisset
rebelles
,
statim
fecit
eos
in
carcerari
et
in
vinculis
teneri
,
donec
ultimum
quadrantem
persolverent
:
similiter
fecit
de
Judaeis
terrae
suae
,
unde
inaestimabilem
sibi
acquisivit
pecuniam
.
Andrew
Horn
in
his
[
*
](A56189-e14510-b)
*
Ch.
1.
Sect.
2.
p.
8
,
9.
Mirrour
of
Justices
,
in
the
reign
of
King
Edward
the
first
,
writes
,
That
our
Saxon
Kings
divided
the
Realm
of
England
,
after
it
was
turned
into
an
heritage
,
into
38
Counties
;
over
which
they
set
so
many
Counts
or
Earls
:
and
although
the
King
ought
to
have
no
Peers
in
his
land
,
yet
for
that
if
the
King
should
do
wrong
to
,
or
offend
any
of
his
people
,
neither
he
nor
any
of
his
Commissaries
ought
to
be
both
Judge
and
Party
,
it
behoveth
of
Right
,
that
the
King
should
have
COMPANIONS
,
for
to
hear
and
determine
IN
PARLIAMENTS
,
all
Writs
and
Plaints
of
the
Wrongs
of
the
King
,
of
the
Queen
,
and
of
their
Children
,
and
of
those
especially
,
who
otherwise
could
not
have
common
right
concerning
their
wrongs
.
These
Companions
are
now
called
Counts
,
after
the
Latine
word
Comites
.
[
*
](A56189-e14550-b)
*
Ch.
3.
Sect.
3.
For
the
good
Estate
of
the
Realm
King
Alfred
assembled
the
COUNTS
or
Earls
,
and
ordained
by
a
Perpetual
Law
,
that
twice
a
year
or
oftner
,
they
should
assemble
at
London
in
Parliament
,
to
consult
of
the
Government
of
the
people
of
God
,
&c.
By
which
Estate
or
Parliament
many
Laws
and
Ordinances
were
made
;
which
be
there
recites
.
Bracton
l.
1.
c.
8.
l.
2.
c.
16.
l.
3.
c.
9.
in
Henry
the
3d.
his
reign
,
and
Fleta
,
l.
2.
c.
2.
p.
66.
write
thus
in
Edw.
the
first
his
reign
in
the
same
words
.
Habet
enim
Rex
cu●iā
suam
in
concilio
suo
in
Parliamentis
suis
,
PRAESENTIBUS
Praelatis
,
[
*
](A56189-e14630-b)
*
But
no
Commons
,
of
which
he
speaks
not
a
word
;
they
having
then
no
being
or
place
in
them
▪
COMITIBUS
,
BARONIBUS
,
PROCERIBUS
,
&
aliis
viris
peritis
:
ubi
terminatae
sunt
dubitationes
judiciorum
,
&
novis
injuriis
emersis
,
nova
constituuntur
remedia
.
And
l.
17.
c.
17.
he
writes
thus
,
Rex
in
populo
regendo
superiores
habet
,
Videlicet
,
Legem
per
quam
est
Rex
;
&
Curiam
suam
,
(
to
wit
,
of
Parliament
)
videlicet
,
COMITES
&
BARONES
.
Comites
enim
à
Comitia
dicuntur
,
qui
cum
viderint
Regem
sine
froeno
,
Froenum
sibi
apponere
TENENTVR
ne
clament
subditi
:
Domine
Jesu
Christe
in
Chamo
&
froeno
maxillas
eorum
constringe
.
Sir
Tho.
Smith
in
his
Commonwealth
of
England
,
l.
2.
c.
1.
John
Vowel
,
and
Ralph
Holinshed
,
vol.
1.
c.
6.
p.
173.
Mr.
Cambden
in
his
Britannia
,
p.
177.
John
Minshaw
in
his
Dictionary
,
Cowel
in
his
Interpreter
Title
Parliament
;
Powel
in
his
Attorneys
Accademy
,
and
[
*
](A56189-e14770-b)
*
M.
St.
Johns
Argument
at
Law
at
Straffords
attainder
.
Daltons
Office
of
Sheriffs
.
others
,
unanimously
conclude
.
That
the
Parliament
consisteth
of
the
KING
,
the
LORDS
SPiRITUAL
and
TEMPORAL
,
and
the
Commons
;
which
STATES
represent
the
body
of
all
England
;
which
make
but
one
Assembly
or
Court
,
called
the
Parliament
,
and
is
of
all
other
the
Highest
and
greatest
Authority
,
and
hath
the
most
high
and
absolute
power
of
the
Realm
:
And
that
no
Parliament
is
or
can
be
holden
without
the
King
and
Lords
.
Mr.
Crompton
in
his
Jurisdiction
of
Courts
,
affirms
,
particularly
of
the
High
Court
of
Parliament
f.
1.
&c.
This
Court
is
the
highest
Court
of
England
,
in
which
the
King
himself
sits
in
person
,
and
comes
there
at
the
beginning
and
end
of
the
Parliament
▪
and
at
any
other
time
when
he
pleaseth
,
ordering
the
Parliament
.
To
this
Court
come
all
the
Lords
of
Parliament
,
as
well
Spiritual
as
temporal
,
and
are
severally
summoned
by
the
Kings
writ
at
a
certain
day
and
place
assigned
;
The
Chancellor
of
England
and
other
great
Officers
or
Judges
are
there
likewise
present
;
together
with
the
Knights
,
Citizens
and
Burgesses
;
who
all
ought
to
be
personally
present
,
or
else
to
be
amerced
,
and
otherwise
punished
,
if
they
come
not
being
summoned
,
unles
good
cause
be
shewed
,
or
in
case
they
depart
without
the
Houses
or
Kings
special
license
,
after
their
appearance
before
the
Sessions
ended
:
And
he
resolves
,
That
the
King
,
Lords
and
Commons
,
doe
all
joyntly
make
up
the
Parliament
;
and
that
no
Law
nor
Act
of
Parliament
can
be
made
to
bind
the
subject
,
without
all
their
concurrent
assents
.
Sir
Edward
Cook
not
only
in
his
Epistle
before
his
ninth
Report
and
Institutes
on
Littleton
,
p.
109
,
110.
But
likewise
in
his
4.
Institutes
,
(
published
by
Order
of
the
Commons
themselves
this
present
Parliament
,
c.
1.
p.
1
,
2.
&c.
)
writes
thus
of
the
high
and
Honourable
Court
of
Parliament
.
This
Court
consisteth
OF
THE
KINGS
MAJESTIE
,
sitting
there
,
as
in
his
royal
politick
capacity
;
and
of
the
three
Estates
of
the
Realm
,
viz.
Of
the
Lords
Spiritual
,
Archbishops
and
Bishops
,
being
in
number
24.
who
sit
there
in
respect
of
their
Counties
or
Baronies
,
parcel
of
their
Bishopricks
,
which
they
hold
also
in
their
politick
capacity
;
and
every
one
of
these
when
the
Parliament
is
to
be
holden
,
ought
ex
debito
Justitiae
,
to
have
a
writ
of
summons
.
The
LORDS
TEMPORAL
,
Dukes
,
Marquesses
,
Earls
,
Viscounts
and
Barons
,
who
sit
there
by
reason
of
their
dignities
which
they
hold
by
descent
or
creation
:
And
likewise
EVERY
ONE
OF
THESE
being
of
full
age
,
OUGHT
TO
HAVE
a
writ
of
summons
[
*
](A56189-e14990-b)
*
Therefore
their
exclusion
thence
,
is
Ex
Abysso
Nequiti●
,
from
the
abyss
of
Injustice
and
Iniquity
.
EX
DEBITO
JUSTITIAE
.
The
third
Estate
are
the
Commons
of
the
Realm
,
whereof
there
be
Knights
of
Shires
or
Counties
,
Citizens
of
Cities
,
and
Burgesses
of
Boroughs
.
All
which
are
respectively
elected
by
the
Shires
or
Counties
,
Cities
and
Boroughs
by
force
of
the
Kings
writ
,
ex
debito
Justitiae
;
and
none
of
them
ought
to
be
omitted
:
and
these
represent
all
the
Commons
of
the
whole
Realm
,
and
trusted
for
them
,
and
are
in
number
at
this
time
403.
He
adds
,
And
it
is
observed
,
that
when
there
is
best
appearance
,
there
is
the
best
successe
in
Parliament
.
At
the
Parliament
holden
in
the
7.
year
of
H.
5.
holden
before
the
Duke
of
Bedford
Guardian
of
England
,
of
the
Lords
Spiritual
and
Temporal
there
appeared
but
30.
in
all
:
at
which
Parliament
there
was
but
one
Act
of
Parliament
passed
,
and
that
of
no
great
weight
.
In
An.
50
E.
3.
all
the
Lords
appeared
in
person
,
and
not
one
by
Proxy
:
at
which
Parliament
,
as
appeareth
by
the
Parliament
Roll
,
so
many
excellent
things
were
sped
and
done
,
that
it
was
called
Bonum
Parliamentum
.
And
the
King
and
these
three
estates
are
the
great
Corporation
or
body
of
the
kingdom
and
doe
sit
in
two
Houses
;
and
of
this
Court
of
Parliament
,
the
King
is
Caput
,
Principium
,
&
Finis
.
The
Parl.
cannot
begin
but
by
the
Royal
presence
of
the
King
either
in
person
or
representation
,
by
a
Gardian
of
England
or
Commissioners
,
both
of
them
appointed
under
the
great
Seal
of
England
,
&c.
And
42
E.
3.
Rot.
Parl.
num.
7.
It
is
declared
by
the
Lords
and
Commons
in
full
Parliament
,
upon
demand
made
of
them
,
on
the
behalf
of
the
King
;
That
they
[
*
](A56189-e15150-b)
*
Nota.
could
not
assent
to
any
thing
in
Parliament
,
that
tended
to
the
disinherison
of
the
King
and
his
Crown
whereunto
they
were
sworn
.
And
p.
35.
he
hath
this
special
observation
;
That
it
is
observed
by
antient
Parliament
men
out
of
Records
,
that
Parliaments
have
not
succeeded
well
in
five
cases
.
First
,
when
the
King
hath
been
in
difference
with
his
Lords
&
with
his
Commons
.
Secondly
,
When
any
of
the
great
Lords
were
at
variance
between
themselves
.
Thirdly
,
When
there
was
no
good
correspondence
between
the
Lords
and
Commons
.
Fourthly
,
When
there
was
no
unity
between
the
Commons
themselves
(
in
all
which
our
present
Parliament
is
now
most
unhappy
;
and
so
like
to
miscarry
and
succeed
very
ill
)
Fifthly
,
When
there
was
no
preparation
for
the
Parliament
before
it
began
:
every
of
which
he
manifests
by
particular
instances
.
From
all
these
and
sundry
[
(z)
](A56189-e15190-b)
(z)
Judge
Huttons
Argume●
of
Mr.
Hampdens
case
.
p.
32
,
33.
Daltons
office
of
Sherifs
.
Mr.
St.
Johns
Argument
at
Law
at
Straffords
Attainder
,
published
by
the
Commons
special
Order
,
in
which
he
at
large
asserts
The
Kings
and
Lords
undoubted
right
to
sit
and
judge
in
Parliament
,
and
that
it
is
high
Treason
to
exclude
them
by
force
of
Arms.
other
Authorities
,
it
is
most
evident
and
transparent
;
That
both
the
King
himself
and
Lords
,
ought
of
right
,
duty
to
be
personally
present
in
Parl.
and
ever
have
been
so
,
as
well
as
the
Commons
,
and
neither
of
them
to
be
excluded
,
since
they
all
make
up
but
one
Parliament
,
that
no
Lords
,
Commons
ought
to
depart
from
it
without
special
leave
,
under
pain
of
amercement
,
and
other
penalties
,
That
no
binding
Law
can
be
passed
without
their
joynt
consents
.
And
that
the
Commons
alone
are
no
more
a
Parliament
of
themselves
without
the
King
and
Lords
,
than
the
Common
Councel
of
London
are
an
intire
City
or
Corporation
without
the
L.
Mayor
,
and
Aldermen
,
or
the
Covent
without
the
Abbot
,
the
Chapter
without
the
Dean
,
or
the
legs
or
belly
a
perfect
man
without
the
head
,
neck
,
and
heart
.
Sixthly
,
[
*
](A56189-e15320-b)
*
33
H.
6.17
.
Brooke
Parliament
4
Cromptons
Jurisdiction
of
Courts
.
f.
8.
Mr.
Hackwel
of
the
manner
of
passing
Blls
in
Parliament
.
The
antient
and
constant
form
of
endorsing
Bills
in
Parliament
,
began
in
the
Commons
house
,
in
all
Parliaments
since
the
House
of
Commons
,
unanswerably
demonstrates
the
Commons
of
Englands
acknowledgement
of
the
Lords
right
,
to
sit
,
vote
▪
assent
,
or
dis-assent
to
Bills
in
Parliament
,
viz.
Soit
Bayle
a
Seigneurs
:
let
it
be
delivered
,
or
sent
up
to
the
Lords
.
Yea
,
the
Commons
constant
sending
up
of
their
own
Members
,
with
Messages
to
the
Lords
;
their
receiving
Messages
from
them
,
and
entertaining
frequent
conferences
with
them
in
matters
wherein
their
opinions
differ
;
in
which
conferences
the
Lords
usually
adhere
to
their
dissents
,
unlesse
the
Commons
give
them
satisfaction
and
convince
them
,
and
the
Lords
oft
times
convince
the
Commons
,
so
far
as
to
consent
to
their
alterations
of
Bills
,
Ordinances
,
Votes
,
and
to
lay
them
quite
aside
,
is
an
unquestionable
argument
of
their
Right
to
sit
and
vote
in
Parliament
;
and
of
their
Negative
voice
too
:
All
which
would
prove
but
a
meer
absurdity
,
superfluity
,
if
the
Commons
in
all
ages
,
and
now
too
,
were
not
convinced
,
that
the
Lords
had
as
good
right
to
sit
and
vote
in
Parliament
,
and
a
Negative
dissenting
voice
,
as
well
as
they
;
never
once
questioned
nor
doubted
till
within
this
year
or
two
,
by
some
seditious
disciples
of
Lilburns
and
Overtons
tutoring
,
who
endeavoured
to
evade
their
justice
on
them
.
Seventhly
,
This
just
right
of
the
Lords
is
expresly
and
notably
confirmed
by
all
the
Commons
of
England
,
in
the
Parliament
of
31
H.
8.
c.
10.
concerning
the
placing
and
sitting
of
the
Lords
and
great
Officers
of
State
in
the
Parliament
House
,
made
by
the
Commons
consent
:
it
being
in
vain
to
make
such
a
Law
(
continuing
still
till
this
very
day
both
in
force
and
use
)
if
they
had
no
lawfull
right
to
sit
and
vote
in
Parliament
,
because
they
are
not
elective
,
as
Knights
and
Burgesses
are
.
And
likewise
by
the
Statute
of
39
H.
6.
c.
1.
made
at
the
Commons
own
Petition
,
to
repeal
the
Parliament
held
at
Coventry
the
year
before
;
and
all
procedings
of
it
,
by
practice
of
some
seditious
persons
;
of
purpose
to
destroy
some
of
the
great
Nobles
,
faithfull
and
lawfull
Lords
and
Estates
,
meerly
out
of
malice
,
and
greedy
and
unsatiable
covetousness
to
possesse
themselves
of
their
Lands
,
possessions
,
offices
and
goods
;
whereby
many
great
injuries
,
Enormities
and
Inconveniences
,
well
nigh
to
the
ruine
,
decay
,
and
universal
subversion
of
the
kingdom
ensued
.
The
very
design
of
our
Lilburnists
,
Sectaries
,
and
Levellers
now
,
out
of
particular
malice
and
covetousness
,
to
share
the
Lords
and
all
rich
Commoners
lands
and
estates
between
them
,
being
poor
indigent
covetous
people
for
the
most
part
,
scarce
forty
of
them
worth
one
groat
,
at
least
before
these
times
and
wars
.
8ly
.
This
apparent
Right
of
theirs
,
is
undeniably
ratified
,
acknowledged
by
the
very
words
of
the
Kings
writs
in
all
ages
,
by
which
the
Lords
themselves
are
summoned
to
the
Parliament
,
running
in
this
form
.
[
*
](A56189-e15520-b)
*
Clause
49
H.
3.
m.
10.
dors.
in
schedul●
,
Cromptons
jurisdiction
of
Courts
,
f.
1.
Carolus
,
&c.
Charissimo
consaguineo
suo
Edwardo
Com.
Oxon.
salutem
:
Quia
de
advisamento
&
consensu
consilii
nostri
pro
quibusdam
arduis
et
urgentibus
negotiis
,
Nos
,
statum
et
defensionem
Regni
nostri
Angliae
,
&
Ecclesiae
Angli
canae
concernentibus
,
quoddam
Parliamentum
nostrum
apud
Civitatem
nostram
.
Westmonasterium
,
12
die
Novemb.
prox
.
futuro
tenere
ordinavimus
,
et
ibidem
vobiscum
,
cum
Praelatis
,
Magnatibus
et
Proceribus
dicti
regni
nostri
colloquium
havere
,
ettractare
;
Vobis
sub
fide
&
ligeantiis
quibus
nobis
teneamur
firmiter
injungendo
,
Mandamus
,
quod
consideratis
dictorum
negotiorum
arduitate
,
&
periculis
minentibus
,
cessante
excusatione
quacunque
,
dictis
die
et
loco
personaliter
inter
sitis
Nobiscum
,
ac
cum
Praelatis
,
Magnatibus
,
Proceribus
praedictis
,
super
dictis
negotiis
tractaturus
,
vestrumque
consilium
impensurus
,
sicut
Nos
et
honorem
nostrum
,
ac
salvationem
et
defensionem
Regni
et
Ecclesiae
praedictorum
,
expeditionem
que
dictorum
negotiorum
diligitis
,
nullatenus
omittatis
,
Teste
,
&c.
Which
writs
firmly
require
and
command
their
personal
presence
,
counsel
and
advise
in
all
Parliaments
,
without
any
excuse
,
and
that
by
the
faith
and
allegiance
which
they
owe
to
the
King
,
and
as
they
doe
tender
the
King
and
his
honour
,
the
salvation
and
defence
of
the
Realm
and
Church
of
England
,
and
the
dispatch
of
the
arduous
and
urgent
businesses
which
concern
them
.
Which
is
likewise
seconded
,
expressed
in
the
very
words
of
all
the
writs
for
election
of
Knights
and
Burgesses
,
the
form
and
substance
whereof
are
antient
,
and
can
recive
no
alteration
nor
addition
but
by
Act
of
Parliament
,
as
[
(b)
](A56189-e15680-b)
(b)
Instit.
4.
p.
10.
This
is
their
only
end
,
and
trust
,
&
none
other
,
as
the
Writ
and
its
retorn
attest
;
not
to
imprison
,
destroy
the
King
,
Realm
,
Church
,
and
Parliament
of
England
it self
,
and
those
very
Cities
,
Burroughs
which
elected
them
,
under
pretext
of
a
new
Government
,
and
more
equal
representative
,
the
very
Jesuits
plot
,
and
Levellers
design
.
Sir
Edward
Cook
resolves
.
By
this
Writ
,
the
Prelates
,
Great
men
,
Nobles
of
the
Realm
are
summoned
to
the
Parliament
,
there
to
treat
and
confer
with
the
King
,
of
the
arduous
and
urgent
affairs
and
defence
of
the
King
,
Realm
,
and
Church
of
England
,
as
the
first
Clause
of
the
writ
,
[
*
](A56189-e15720-b)
*
Clause
4
E.
3.
m.
41.32.27.19
dors.
5.
E.
3.
part
1.
m.
25.7
.
6
E.
3.
Dors.
claus.
part
2.
m.
36.4
.
Cromptons
Iurisdiction
of
Courts
.
f.
1.
Carolus
,
&c.
quia
,
&c.
pro
quibusdam
arduis
et
urgentibus
negotiis
;
Nos
Statum
&
defensionem
Regni
nostri
Angliae
,
&
Ecclesiae
Anglicanae
concernent
:
quoddam
Parliamentum
nostrum
&c.
teneri
ordinavimus
;
&
ibidem
cum
Praelatis
▪
Magnatibus
&
Proceribus
dicti
Regni
nostri
colloquium
&
haberet
tractare
,
Tibi
praecipimus
,
And
the
Commons
are
summoned
,
to
perform
and
consent
to
those
things
which
shall
there
happen
to
be
ordained
by
this
Common
Council
of
the
Kindom
,
&c.
And
if
they
are
thus
summoned
,
not
to
treat
amongst
themselves
as
an
independent
,
intire
Parliament
;
but
to
confirm
and
consent
to
what
the
King
,
Prelates
,
Great
men
,
and
Peers
(
the
[
†
](A56189-e15810-b)
†
See
the
Freeholders
grand
Inquest
,
and
my
Historical
Collection
,
where
this
is
largely
proved
.
Common
Council
of
the
Realm
)
shall
ordain
about
such
affairs
;
as
they
must
of
necessity
admit
the
King
,
Lords
and
Peers
to
be
altogether
as
essential
(
yea
more
principal
eminent
)
Members
of
Parliament
,
though
not
elective
as
the
Knights
and
Burgesses
,
who
are
but
summoned
to
consent
to
and
perform
what
shall
happen
there
by
their
common
advise
to
be
ordained
;
or
at
least
to
consult
and
advise
with
them
,
as
their
inferiours
,
not
to
over-rule
them
,
as
their
superiours
,
and
the
only
Supream
power
,
authority
in
the
Kingdom
.
So
if
they
will
totally
exclude
either
King
or
Lords
from
the
Parliament
(
who
are
distinct
,
principal
and
essential
Members
of
it
as
well
as
the
Commons
,
and
have
always
been
so
reputed
until
now
)
the
Commons
may
sit
alone
as
Cyphers
,
but
not
as
a
Parliament
or
Council
,
to
vote
,
impose
,
or
act
any
thing
that
is
binding
to
the
people
;
since
regularly
they
neither
are
,
nor
ever
yet
were
in
any
age
no
more
a
Parliament
in
any
case
without
the
King
and
Lords
,
then
the
King
and
Lords
alone
are
now
a
Parliament
(
though
antiently
they
were
so
of
themselves
)
without
the
Commons
,
or
the
trunk
of
a
man
,
a
perfect
man
without
head
or
shoulders
.
If
[
*
](A56189-e15910-b)
*
Dyer
.
61
,
62.
Cook
5.
Report
.
f.
90
,
91
,
94.120
,
121.1
:
Rep.
f.
111.173
.
19
H.
8
,
9.
Br.
executors
3.15.11.7.12
.
3.
be
joyntly
impowred
or
commissioned
to
do
any
act
by
Commission
,
Deed
,
or
Warrant
,
any
one
or
two
of
them
can
doe
nothing
without
the
third
.
If
many
be
in
Commission
of
the
Peace
,
Sewers
,
or
the
like
&
three
of
the
Quorum
joyntly
,
to
act
therein
joyntly
,
if
any
one
of
the
three
be
absent
or
dead
,
all
the
rest
can
doe
nothing
,
because
their
authority
is
joynt
,
not
single
.
In
Parliament
it self
,
if
either
house
appoint
a
Committee
of
3
,
5
,
or
7.
to
examine
,
act
,
or
execute
any
thing
:
if
but
one
of
this
number
be
absent
,
or
put
out
,
the
rest
can
doe
nothing
that
is
legal
or
valid
,
even
by
course
of
Parliament
;
neither
can
either
House
sit
and
vote
as
a
House
,
unlesse
there
be
so
many
Members
present
,
as
by
the
Law
and
custom
of
Parliament
will
make
up
an
House
,
as
every
mans
experience
can
inform
him
.
If
these
Levellers
then
will
absolutely
cut
off
or
exclude
the
King
or
Lords
from
the
Parliament
,
they
absolutely
null
and
dissolve
it
:
and
the
Act
for
[
*
](A56189-e15960-b)
*
See
my
legal
Vindication
against
illegal
Taxes
,
p.
3.4.44
.
to
51.
And
this
Lilburn
himself
expresly
asserts
in
part
in
his
Letter
or
Epistle
to
the
Speaker
Mr.
Lenthal
.
June
8.
1658.
p.
34.39
.
to
59.
continuing
this
Parliament
cannot
make
nor
continue
the
Commons
alone
together
as
a
Parliament
,
no
more
than
the
Lords
or
King
alone
without
the
Commons
;
the
King
or
either
house
alone
being
no
Parliament
,
but
both
conjoyned
and
enlivened
with
the
Kings
personal
or
representative
presence
.
The
cutting
off
the
head
alone
or
of
the
head
and
shoulders
,
altogether
destroys
and
kills
the
body
Politick
and
Parliament
,
as
well
as
the
body
natural
.
If
the
King
dies
,
or
resigns
his
Crown
,
or
be
deposed
,
the
Parliament
thereby
is
actually
dissolved
,
as
it
was
resolved
in
the
Parl.
of
1
H.
4.
n
,
1
,
2
,
3.
1
H.
5.
n.
26.
4
E.
4.44
.
and
Cooks
4
Institutes
,
p.
46.
The
last
Parliament
of
21
Jac.
dissolved
by
his
death
,
So
if
the
Lords
or
Commons
dissolve
and
leave
their
House
,
without
any
adjournment
,
or
if
the
King
by
his
Writ
dismisse
,
or
dissolve
either
of
the
Houses
,
the
Parliament
is
thereby
dissolved
,
as
the
forecited
Presidents
,
and
the
latter
clause
of
the
writ
for
the
election
of
Knights
and
Burgesses
manifests
.
And
a
new
kind
of
Parliament
consisting
only
of
Commoners
,
when
the
old
one
(
only
within
the
Act
for
continuing
this
Parliament
made
up
both
of
King
,
Lords
,
and
Commons
)
is
dissolved
;
neither
will
nor
can
be
supported
or
warranted
by
the
Letter
or
intention
of
this
Law
,
or
any
other
Law
,
custom
,
or
right
whatsoever
.
Ninthly
,
All
the
Petitions
of
the
Commons
in
all
antient
&
modern
Parliaments
to
the
King
,
&
Peers
,
for
their
redresse
of
grievances
,
recorded
in
our
antient
Parliamentary
Rolls
.
The
usual
Prologue
to
most
of
our
antient
printed
Statutes
,
in
the
Statutes
at
large
,
&
in
Poulton
,
The
King
at
the
request
of
the
Commons
&
of
,
or
by
the
assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
,
and
other
great
men
there
assembled
,
hath
ordained
these
things
(
or
Acts
)
underwritten
:
all
Acts
of
Parliament
now
extant
,
usually
running
in
this
form
;
[
*
](A56189-e16110-b)
*
Cook
4.
Instit.
c.
1
,
The
King
with
the
assent
of
the
Lords
Spiritual
and
Temporal
in
Parliament
hath
ordained
;
And
be
it
enacted
by
the
Kings
moct
excellent
Majesty
,
the
Lords
Spiritual
and
Temporal
in
this
present
Parliament
assembled
.
The
famous
Petition
of
Right
,
3
Car.
so
much
insisted
on
,
beginning
thus
.
Humbly
shew
unto
our
Soveraign
Lord
the
King
,
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
Parliament
assembled
,
thus
answered
by
the
King
;
Let
right
be
done
as
is
desired
.
The
Act
for
continuing
this
Parliament
,
made
by
the
King
and
Lords
,
as
well
as
by
the
Commons
,
(
who
never
intended
to
exclude
themselves
out
of
this
Parliament
by
that
Act
,
or
that
it
should
continue
if
either
of
them
were
quite
dismembred
from
it
)
with
all
Acts
and
Ordinances
since
.
Yea
the
very
Protestation
,
and
Solemn
League
and
Covenant
,
taken
by
the
Commons
,
Lords
and
prescribed
by
them
to
all
others
throughout
the
three
kingdoms
,
which
couple
the
Lords
and
Commons
always
together
(
neither
of
them
alone
being
able
to
make
any
binding
Act
nor
Ordinance
to
the
Subjects
,
[
*
](A56189-e16260-b)
*
See
my
Irenarch
.
redivivus
.
unlesse
they
both
concurr
,
and
have
the
Kings
royal
assent
thereto
no
more
than
one
Member
alone
of
the
House
can
make
a
House
)
and
ranck
the
Lords
always
before
the
Commons
,
and
the
King
before
them
both
;
so
firmly
hold
forth
,
establish
the
Lords
and
Kings
undoubted
Rights
to
sit
and
Vote
in
Parliament
,
and
decry
this
new
invented
Monopoly
of
a
sole
Parliament
of
Commons
,
without
King
or
Lords
,
and
that
absolute
Sovereign
Power
these
Lilburnists
,
new
Lights
have
spied
out
and
set
up
for
them
in
Utopia
;
that
impudency
it self
would
blush
to
vent
such
mad
,
absurd
,
irrational
Frenzies
and
Paradoxes
as
these
crack
brain'd
persons
dare
to
publish
;
and
they
may
with
as
much
truth
and
reason
argue
,
that
one
man
is
three
;
that
the
Leggs
and
trunk
of
a
man
are
a
perfect
man
,
without
head
,
neck
,
arms
,
and
shoulders
;
or
that
the
Leggs
,
Ribs
,
Bowels
of
the
Body
are
and
ought
to
be
placed
above
the
head
,
neck
,
shoulders
;
as
that
the
House
of
Commons
are
or
ought
to
be
an
entire
Parliament
;
the
sole
Legislative
Power
,
the
only
Supreme
Authority
,
paramount
both
King
and
Lords
;
who
must
not
now
have
so
much
as
a
Negative
voice
,
to
deny
or
contradict
any
of
the
Commons
Votes
,
or
Ordinances
,
though
never
so
rash
,
unjust
,
dishonourable
,
prejudicial
or
dangerous
to
the
whole
Kingdom
;
as
these
new
Dogmatists
affirm
.
Tenthly
,
The
Commons
themselves
in
their
joynt
Declaration
and
Resolution
with
the
Lords
,
this
Parliament
,
concerning
his
Majesties
late
Proclamation
,
9
August
1642.
[
*
](A56189-e16660-b)
*
Exact
Collection
,
p.
508.
printed
by
their
special
order
declare
and
stile
his
House
of
Péers
to
be
,
the
Hereditary
Counsellors
of
the
Kingdom
.
The
like
they
declare
in
their
[
*
](A56189-e16690-b)
*
Exact
Collection
,
p.
846.
Declaration
of
16
January
1642.
Mr.
John
Pym
in
his
Speech
at
Guildhall
in
London
,
14
January
1642.
(
made
and
printed
by
the
Commons
special
order
)
asserted
;
That
the
Lords
have
an
Hereditary
interest
in
making
Laws
in
this
Kingdom
.
[
*
](A56189-e16760-b)
*
Exact
Collection
,
p.
13
,
19
,
528.
The
Commons
House
in
their
Remonstrance
of
the
State
of
the
Kingdom
,
15
December
1641.
affirm
,
That
the
Peers
are
the
Kings
Great
Council
:
That
the
King
summoned
the
Great
Council
of
Péers
to
meet
at
York
the
24.
of
September
,
and
there
declared
a
Parliament
to
begin
the
3.
of
November
following
.
In
which
Parliament
when
the
Lords
and
Commons
met
;
they
add
▪
But
what
can
we
the
Commons
doe
without
the
conjunction
of
the
House
of
Lords
?
and
what
conjunction
can
we
expect
there
,
when
the
Bishops
and
Recusant
Lords
are
so
numerous
and
prev●lent
?
thereby
confessing
that
without
the
Lords
concurrence
(
who
are
the
Great
Council
of
the
Realm
)
the
Commons
can
do
nothing
at
all
in
Parliament
:
since
all
Laws
,
Ordinances
,
Taxes
,
Votes
that
are
valid
and
binding
to
the
people
,
must
pass
Both
Houses
,
and
have
the
Lords
as
well
as
Commons
assent
;
as
they
resolve
in
sundry
[
*
](A56189-e16920-b)
*
Exact
Collection
,
p.
213.276
,
277.268
,
269.278
,
279
,
280.250.360.364
,
365.377.455.461.494.498.526
,
528.531
,
533
,
544.502.546
,
547.548
,
550
,
551.557.560
,
561
,
562.578.321
,
322
,
323.
A
Collection
of
Ordinances
,
p.
110
,
111.205
,
227.879
.
printed
Rem●nstrances
,
&
Declarations
,
mentioning
Both
Houses
of
Parliament
,
●nd
their
concurrence
to
all
things
therein
concluded
;
and
the
King
likewise
in
his
.
The
Lords
and
Commons
in
their
Declaration
of
the
5th
of
August
1645.
to
the
High
and
Mighty
States
General
of
the
United
Provinces
;
printed
in
A
Collection
of
Ordinances
of
Parliament
,
p.
699
,
700.
complain
thus
to
them
of
this
misinformation
of
their
Ambassadors
,
June
20.
1645.
The
Lower
House
hath
caused
the
Chamber
where
they
sit
in
,
to
be
hanged
with
Tapistry
,
which
was
heretofore
never
so
.
It
is
said
it
is
done
,
that
the
Lords
changing
their
Chamber
,
shall
come
and
sit
in
the
House
of
Commons
,
and
so
to
be
both
together
reduced
into
one
body
,
and
the
better
agree
by
number
of
Votes
:
When
heretofore
the
Parliament
was
full
,
then
the
Lords
Chamber
did
consist
of
about
126.
or
more
Votes
,
and
the
Lower
House
of
above
500
Votes
;
and
they
have
alwayes
been
in
several
Houses
,
and
the
one
could
not
conclude
anything
for
a
Resolution
of
the
King
,
unless
the
other
House
did
also
consent
;
but
now
the
King
is
absent
,
and
the
Vpper
House
should
now
be
melted
into
the
Lower
;
and
in
the
Common
Assembly
of
about
;
;
26
Lords
which
are
now
here
,
and
some
200
Commoners
,
so
the
most
Votes
should
rule
and
Ordain
all
matters
:
Thus
much
we
are
told
,
and
that
it
tends
to
shun
many
disputes
,
and
hindrances
which
happen
in
their
resolution
every
day
.
The
Lords
remain
constant
to
maintain
their
Rights
,
and
say
:
this
is
to
take
away
all
their
Right
and
prerogative
,
taking
away
their
House
;
and
so
to
bring
all
the
power
under
the
Commons
.
;
●o
which
Misinformation
the
Commons
,
(
and
Lords
too
)
returned
this
Answer
to
the
States
.
My
Lords
,
the
Commons
are
charged
with
endeavour
of
altering
the
fundamentals
of
Parliament
,
by
taking
away
the
House
of
Péers
,
and
melting
it
into
the
House
of
Commons
,
when
as
there
was
never
any
debate
in
the
House
of
Commons
concerning
a●y
such
matter
,
nor
was
the
same
ever
intended
or
desired
by
the
said
House
.
[
*
](A56189-e17110-b)
*
A
Collection
of
Ordinances
,
p.
877
,
878.
After
this
the
whole
House
of
Commons
in
their
Declaration
of
the
17
Aprilis
1646.
of
their
true
Intentions
concerning
the
antient
and
fundamental
Government
of
the
Kingdom
;
thus
positively
declared
to
all
the
world
;
That
our
true
and
real
Intentions
are
,
and
our
endeavours
shall
be
,
to
maintain
the
antient
and
fundamental
Government
of
the
Kingdom
By
King
,
Lords
and
Commons
:
that
we
have
only
desired
,
that
with
the
consent
of
the
King
,
such
powers
may
be
setled
in
the
two
Houses
,
without
which
we
can
have
no
assurance
but
that
the
like
or
greater
mischiefs
,
which
God
hath
hitherto
delivered
us
from
,
may
break
out
again
,
and
engage
us
in
a
second
and
more
destructive
warr
.
Seeing
then
the
very
Commons
House
themselves
in
these
and
sundry
other
printed
Declarations
have
so
fully
,
so
frequently
declared
,
resolved
the
Lords
antient
undoubted
Hereditarie
right
and
interest
to
sit
,
vote
and
assent
unto
all
Laws
,
Ordinances
,
Proceedings
in
Parliament
,
as
the
Great
Council
,
and
Counsellors
of
the
kingdom
,
and
acknowledged
this
their
Privilege
and
the
House
of
Peers
to
be
a
part
of
the
fundamental
Constitution
and
Government
of
this
kingdom
,
which
they
are
resolved
to
maintain
,
and
not
to
alter
:
and
that
they
never
intended
nor
desired
,
much
less
endevoured
the
altering
the
fundamentals
of
Government
by
taking
away
the
House
of
Lords
;
How
any
Commoners
,
Levellers
or
others
can
now
dare
to
question
,
deny
or
oppugn
this
their
hereditary
fundamental
right
of
Peerage
,
or
attempt
the
actual
abolishing
of
the
House
of
Peers
,
without
the
highest
Impudency
,
Treachery
,
Absurdity
,
and
incurring
the
Crime
of
a
New
Gun-powder
Treason
,
to
blow
up
the
House
of
Lords
afresh
,
which
the
old
Jesuitical
Popish
Gun-powder
Traytors
only
attempted
,
but
could
not
accomplish
,
transcends
my
understanding
to
comprehend
.
11ly
,
The
General
Council
of
the
Officers
of
the
Army
in
their
Declaration
made
at
Windsore
;
about
January
1647.
presented
to
the
Lords
House
by
Sir
Hardress
Waller
;
asserted
,
The
hereditary
Legal
Right
of
the
Lords
and
their
House
in
Parliament
,
and
the
Armies
fixed
resolution
to
uphold
and
maintain
them
and
their
Privileges
with
their
swords
.
And
if
John
Lilburns
printed
Letter
to
the
Speaker
,
July
8
1648.
p.
26
,
27.
may
be
credited
,
Lieutenant
General
Cromwell
himself
,
protested
to
him
and
others
at
the
Lord
Whartons
house
,
and
that
upon
his
conscience
in
the
sight
of
God
,
That
the
Lords
had
as
true
a
Right
to
their
Legislative
and
Iurisdictive
power
over
the
Commons
,
as
he
had
to
the
coat
on
his
back
,
and
that
he
and
the
Army
would
support
the
same
.
How
dare
then
any
Levellers
or
Officers
in
the
Army
or
elsewhere
to
question
or
attempt
to
abolish
this
their
undoubted
right
to
sit
,
vote
▪
and
exercise
a
legislative
and
Juridical
Jurisdiction
in
Parliament
,
and
that
over
Commons
themselves
in
cases
which
concern
their
Peerage
,
and
in
cases
not
triable
properly
elswhere
but
only
in
Parliament
?
12.
Twelfthly
,
These
very
Sectaries
and
Levellers
themselves
have
acknowledged
,
asserted
this
Right
&
Power
of
the
Lords
all
along
this
Parliament
till
of
late
,
as
appears
by
their
several
Petitions
and
Complains
to
them
upon
sundry
occasions
heretofore
;
by
their
resorting
to
them
for
Justice
against
Strafford
,
Canterbury
,
and
others
;
Yea
[
(c)
](A56189-e17390-b)
(c)
See
Innocency
and
truth
justified
,
p.
74
,
75.
Mr.
Edwards
Gangraena
,
part
3.
p.
156.157
.
where
his
words
&
contradictions
in
this
kind
are
recited
at
large
.
Jo.
Lilburn
himself
,
till
his
late
quarrel
with
them
,
not
only
acknowledged
their
very
power
of
Judicature
,
but
highly
applauded
their
Justice
,
in
his
own
cause
;
Petitioning
and
suing
to
them
not
onely
for
reversal
of
the
sentence
against
him
in
Starchamber
,
but
likewise
for
damages
and
reparations
against
his
Prosecutors
,
pleading
his
cause
by
his
Counsel
before
them
,
as
his
proper
Judges
;
who
thereupon
by
judgement
of
the
House
,
vacated
the
Decree
against
him
,
as
illegal
;
voted
him
Damages
,
and
passed
him
an
Ordinance
for
the
recovery
and
levying
thereof
;
all
which
he
himself
hath
published
in
sundry
of
his
printed
Pamphlets
,
wherein
he
acknowledgeth
and
extolleth
their
Justice
.
Take
but
one
passage
for
all
in
his
Innocency
and
Truth
justified
,
p.
74
,
75.
If
I
be
transmitted
up
to
the
Lords
,
I
confidently
believe
I
shall
get
forward
,
out
of
the
former
experiences
of
their
Justice
there
,
&
I
will
instance
two
particulars
.
First
,
when
I
was
a
Prisoner
in
the
Fleet
,
and
secondly
,
May
the
fourth
,
one
thousand
six
hundred
forty
one
.
The
King
accused
me
of
High
Treason
,
and
before
the
Lords
Bar
was
I
brought
for
my
life
;
where
,
although
one
Littleton
,
servant
to
the
Prince
,
swore
point
blank
against
me
,
[
*
](A56189-e17490-b)
*
He
did
not
then
demur
to
their
jurisdiction
.
yet
had
I
free
liberty
to
speak
for
my self
in
the
open
House
;
And
upon
my
desire
,
that
Master
Andrews
also
might
declare
upon
his
Oath
what
he
knew
about
my
business
,
it
was
done
;
And
his
Oath
being
absolutely
contradictory
to
Master
Littletons
,
I
was
both
freed
from
Littletons
malice
,
and
the
Kings
accusation
,
at
the
Bar
of
the
whole
House
:
And
for
my
part
[
*
](A56189-e17540-b)
*
Nota.
I
am
resolved
to
speak
well
of
those
that
have
done
me
justice
,
and
not
to
doubt
they
will
deny
it
me
,
till
such
time
as
by
experience
I
find
they
doe
it
.
And
at
that
time
he
was
so
much
for
the
Lo●ds
,
that
he
writes
most
disgracefully
,
derogatorily
of
the
Commons
House
,
(
and
other
his
Confederates
by
his
example
)
tells
them
of
their
want
of
power
,
injustice
,
and
illegal
proceedings
[
(d)
](A56189-e17600-b)
(d)
His
Letter
to
a
friend
:
Innocency
and
truth
justified
.
H●s
Letters
to
the
General
.
Hen.
Martin
and
L.
G.
Cromwel
Englands
Birthright
.
See
Mr.
Edw.
Gangraena
,
part
3.
p.
146.
to
228.
quarrels
only
with
them
,
and
their
Committees
,
for
their
delays
and
injustice
towards
him
:
telling
them
to
their
faces
in
many
of
his
former
,
and
late
printed
[
*
](A56189-e17640-b)
*
The
same
he
asserts
in
his
Letter
to
the
Speaker
,
June
8.
1648.
And
that
the
Commons
then
sitting
,
without
the
King
and
Lords
were
no
Parliament
at
all
,
and
could
make
no
Acts
,
&c.
See
there
p.
26.
to
59.
where
he
largely
proves
it
.
Libels
:
That
they
have
no
power
at
all
to
commit
or
examin
him
,
or
any
other
Commons
of
England
without
the
Lords
:
nor
yet
to
give
or
take
an
Oath
:
That
they
are
but
a
peece
,
and
lowest
part
of
the
Parliament
,
not
a
Parliament
alone
;
That
they
can
make
no
binding
Votes
,
Ordinances
or
Laws
,
nor
commit
nor
command
any
Commoner
,
without
the
Lords
,
and
in
one
or
two
Pamphlets
more
he
endeavours
to
prove
them
to
be
now
no
lawfull
house
of
Commons
,
at
all
;
nor
would
he
ever
acknowledge
them
to
be
so
;
and
that
he
would
make
no
more
conscience
of
cutting
theirs
and
the
Lords
throats
(
the
Tyrants
and
Oppressors
at
Westminster
)
than
of
killing
so
many
Weasels
and
Polcats
;
with
many
other
like
scurrilous
and
mutinous
expressions
.
His
own
printed
Papers
,
Petitions
,
Actions
therefore
are
an
unanswerable
confutation
of
his
malicious
cōtradictions
of
their
Authority
and
judicature
since
,
for
their
exemplary
justice
on
him
:
And
he
must
either
now
re-acknowlege
th●ir
right
of
sitting
,
voting
,
judging
in
Parliament
to
be
lawfull
,
or
else
renounce
his
own
former
Petitions
and
addresses
to
them
for
justice
;
retract
all
his
former
printed
Papers
,
asserting
their
judicature
,
and
extolling
their
justice
;
yea
disclaim
their
judgement
for
vacating
his
own
sentence
,
in
the
Starchamber
,
their
awarding
him
damages
,
and
passing
an
Order
to
recover
them
,
as
meerly
null
and
void
,
being
made
before
no
lawfull
nor
competent
Judges
,
as
now
he
writes
,
since
not
elected
by
the
Peoples
Vote
.
Let
those
his
followers
,
who
admire
him
for
his
Law
,
observe
these
his
palpable
,
invincible
contradictions
,
and
be
ashamed
and
afraid
to
follow
such
an
ignorant
erronious
guide
,
who
writes
only
out
of
malice
,
faction
,
not
of
judgement
,
as
his
contradictions
evidence
.
13ly
.
The
Acts
for
preventing
the
inconveniencies
happening
by
the
long
intermission
of
Parliaments
.
And
to
prevent
the
inconveniences
which
may
happen
by
the
untimely
adjourning
,
proroging
,
or
dissolving
the
Parliament
(
made
this
Parliament
,
and
assented
to
by
the
King
at
the
Commons
importunity
)
confirm
the
Lords
interest
,
right
,
to
sit
and
Vote
in
Parliament
beyond
all
dispute
,
and
give
them
now
power
to
summon
a
Parliament
themselves
in
some
cases
,
in
default
of
the
King
,
his
Chancellor
and
Officers
.
14ly
.
The
antient
form
still
continued
till
this
day
,
of
dismissing
and
dissolving
Parliament
,
the
King
licenseth
THE
LORDS
and
COMMONS
TO
DEPART
HOME
,
and
TAKE
THEIR
EASE
.
37
E.
3.
n.
34.
38
E.
3.
n.
18.
40
E.
3.
n.
16.
43
E.
3.
n.
34.
45
E.
3.
n.
8.13
.
47
E.
3.
n.
7.
(
and
all
Parliaments
since
)
proves
their
right
of
sitting
in
,
and
attending
the
service
of
the
Parliament
in
person
(
without
special
license
of
the
King
,
dispencing
with
their
absence
)
during
its
continuance
,
in
despite
of
all
ignorant
cavils
to
the
contrary
,
The
Kings
license
of
them
to
depart
being
void
and
nugatory
,
if
not
bound
by
Law
to
attend
the
Parliament
in
person
,
as
well
as
the
Commons
.
15ly
.
Finally
,
this
hereditary
right
of
the
English
Barons
,
Lords
,
is
demonstrated
,
resolved
in
this
very
clause
of
their
Patents
of
creation
;
when
first
created
Earls
or
Barons
,
inserted
into
all
Patents
since
,
20
H.
2.
and
implyed
by
our
Laws
,
though
not
precisely
mentioned
in
all
the
antient
Patents
of
creation
before
.
[
*
](A56189-e17800-b)
*
Seldens
Titles
of
Honour
,
part.
2.
ch.
5.
p.
663
,
665.747
,
748
,
171
,
763
,
751
,
757.
Volentes
&
per
praesentes
concedentes
pro
nobis
,
haeredibus
,
&
successoribus
nostris
,
quod
praefotus
A.
Comes
(
vel
Baro
,
&c.
)
S.
&
haeredes
sui
masculi
,
ut
Comites
,
vel
Barones
,
de
S.
in
omnibus
teneantur
,
tractentur
,
&
reputentur
,
et
eorum
quilibet
habeat
,
teneat
,
et
possideat
sedem
et
locum
in
Parlamentis
nostris
,
haeredum
et
successorum
nostrorum
in●ra
regnum
nostrum
Angliae
,
inter
alios
Comites
(
vel
Barones
)
ut
Comes
,
vel
Baro.
Than
which
nothing
than
be
more
positive
and
direct
in
point
.
I
shall
close
up
all
the
premises
with
two
memorable
Clauses
in
two
writs
of
Summons
to
Parliament
,
evidencing
not
only
the
undoubted
right
,
but
absolute
necessity
of
the
Lords
personal
fitting
,
voting
,
and
advising
in
our
Parliaments
.
In
the
Parliament
held
at
York
,
in
the
6
year
of
King
Edward
the
third
,
the
Archbishop
of
Canterbury
,
with
some
other
Bishops
and
Nobles
being
absent
,
thereupon
the
Prelates
,
Nobles
,
Knights
and
Burgesses
there
present
refused
to
act
any
thing
,
and
resolved
they
could
conclude
nothing
by
reason
of
their
absence
:
whereupon
they
prayed
the
King
to
adjourn
the
Parliament
,
and
by
a
new
Writ
to
summon
the
Archbishop
,
and
all
other
Bishops
and
Lords
then
absent
personally
to
appear
at
York
on
the
day
whereto
the
Parliament
was
adjourned
,
under
a
penalty
,
as
is
evident
by
these
Clauses
in
the
Writs
of
Summons
then
issued
.
[
*
](A56189-e17930-b)
*
Rot.
Claus.
6
E.
3.
in
4
Dors.
Rex
é
venerabili
in
Christo
Patri
eadem
gratia
Archiepiscopo
Cantuar.
&c.
Verum
quia
dictis
negotiis
in
eodem
Parliamento
praepositis
,
quae
salvationem
jurium
Coronae
nostrae
,
&
regni
nostri
intimè
contingunt
,
Et
nobis
incidunt
multum
cordi
,
per
Praelatos
,
Proceres
,
&
Milites
Comitatuum
tunc
ibidem
praesentes
deliberato
consilio
responsum
existit
,
quod
in
tam
arduis
negotiis
sine
vestri
,
ac
aliorum
Prelat
.
ac
Magnat
.
et
Procerum
prodictorum
absentium
praesentia
,
consilium
et
assensum
praebere
non
possunt
,
nec
debent
:
Ita
quod
nobis
cum
insta●
a
suppli●
〈◊〉
Pa●liam
.
illud
usque
ad
diem
Mercur●i●
octav●s
Sancti
Hilari
,
prox
.
i●de
futur
.
continuari
seu
pro●ogari
&
inte●im
vos
e●
caeteros
Prelatos
,
et
Proceres
tunc
absentes
convocari
faceremus
.
Ac
nos
,
quanquam
hu●usmodi
●i●tio
no●s
d●m●s●
e●
periculosa
plurimum
vide●tur
,
eorum
Petitioni
in
hac
parte
annuentes
,
&c.
Parliamentum
praedictum
usque
ad
octav
.
praedictas
duximus
continuandum
seu
prorogandum
.
Ac
Praelatis
,
Magnatibus
,
Militibus
,
Civibus
,
&
Burgensibus
inj●nximus
,
quod
tunc
ibid.
intersint
,
quacunque
excusatione
cessante
,
ac
omnibus
aliis
praetermissis
.
Ne
igitur
contingat
(
quod
absit
)
dicta
negotia
ad
nostri
&
regni
nostri
damnum
,
&
dedecus
per
vestri
seu
aliorum
ABSENTIAM
,
ulterius
prorogari
,
vobis
in
fide
&
dilectione
quibus
nobis
tenemini
,
et
sub
periculo
quod
incumbit
districte
iniungendo
mandamus
,
quod
omni
excusatione
cessanie
sitis
personaliter
apud
Ebor.
in
dictis
Octab.
nobiscum
,
&
cum
caeteris
Praelatis
&
Magnatibus
dicti
regni
nostri
super
dictis
negotiis
tractaturus
,
et
vestrum
consilium
imp●nsurus
.
Scientes
,
quod
si
per
VESTRAM
ABSENTIAM
CONTIGERIT
dicta
negotia
(
quid
absit
)
ulterius
retardari
,
dissimulare
non
poterimus
,
quin
AD
VOS
EXINDE
,
SICUT
CONVENIT
GRAVITER
CAPIAMUS
,
Teste
Rege
apud
Ebor.
11
Die
Decembris
.
Eodem
modo
mandatum
est
17
aliis
Episcopis
,
13
Abbatibus
,
&
40
Magnatibus
,
&
aliis
.
And
in
another
writ
of
Summons
the
same
year
to
the
same
Archbishop
of
Canterbury
,
there
is
this
Clause
inserted
against
making
any
Proxie
.
[
*
](A56189-e18060-b)
*
Claus
.
An.
6
E.
3.
part
2.
m.
36.
dors.
Scientes
pro
certò
,
quod
nisi
evidens
et
manifesta
necessitas
id
exposcat
non
intendimus
Procuratores
seu
Excusatores
pro
vobis
admittere
ea
vice
,
propter
arduitatem
negotiorum
praedictorum
.
Which
Clause
amongst
other
reasons
was
then
inserted
,
because
the
Clergy
in
a
Parliament
held
at
Eltham
some
two
years
before
,
refused
to
grant
this
King
an
aid
for
the
defence
of
Ireland
;
by
reason
of
the
Archbishops
absence
from
it
,
adjourning
their
answer
to
this
aid
,
till
they
all
and
the
Archb●shop
ass●mbled
together
in
a
future
Convocation
,
to
be
summoned
by
the
Kings
writ
,
[
*
](A56189-e18120-b)
*
Mat.
Paris
,
p.
359.625.626
.
as
the
Claus
.
Rol.
An.
4
E.
3.
m.
3.
dorso
record●
.
Thus
the
Bishops
and
Clergy
refused
to
grant
an
aid
to
King
Henry
the
3.
Anno
1232.
and
likewise
another
aid
to
the
Pope
,
Anno
1244.
because
many
of
the
Bishops
and
Abbots
who
were
summoned
to
the
Parl.
then
held
,
were
not
present
.
Adding
;
Tangunt
ista
Archiepiscopos
necnon
universos
Angliae
Praelatos
;
cum
ergo
Archiepiscopi
,
Episcopi
,
&
alii
Ecclesiarum
Praelati
sint
Absentes
,
[
*
](A56189-e18220-b)
*
See
their
Agreement
of
the
people
.
New-modelled
Parliaments
.
Having
thus
impregnably
evinced
the
Lords
undoubted
right
to
sit
and
vote
in
Parliament
,
though
they
be
not
elective
by
the
peoples
voices
,
as
Knights
and
Burgesses
are
;
I
shall
next
discover
unto
our
illiterate
Ignoramusses
,
who
oppose
their
right
,
the
justice
,
good
grounds
and
reasons
of
our
Ancestors
,
why
they
instituted
the
Lords
to
sit
and
vote
in
Parliament
by
right
of
their
very
Nobility
and
Peerage
,
which
will
abundantly
satisfie
rational
men
,
and
much
confirm
their
right
.
First
,
the
Nobles
and
Great
Officers
in
all
Kingdoms
,
and
in
our
Kingdom
too
,
in
respect
of
their
education
,
birth
,
experience
,
imployments
in
military
&
State-affairs
,
have
always
been
generally
reputed
the
wisest
,
most
experienced
Common
wealths
men
,
best
able
to
advise
,
Counsel
the
King
and
kingdom
in
all
matters
of
Government
,
Peace
,
or
War
;
as
our
Historians
,
Antiquaries
,
Pol●tians
,
Records
,
acknowledge
and
attest
;
whence
they
were
antiently
stiled
[
(c)
](A56189-e18320-b)
(c)
Mr.
Seldens
Titles
of
honour
,
part.
2.
ch.
5.
Sir
Edward
Cooks
Epistle
to
the
9
Report
,
and
1
Instit.
p.
110.
4
Instit.
p.
2.
Cambdens
B●it
.
p.
177.
Spelmanni
Concil.
Tom.
1.
My
Truth
triumphing
over
Falshood
.
p.
56
to
70.
Stat.
de
4
E.
1.
e.
2.
Lambards
Archaion
.
Aeldermen
,
Wisemen
;
Magnates
,
Optimates
,
Sapientes
,
Sapientissimi
et
Clarissimi
viri
:
Conspicui
,
Clarique
Viri
,
Primates
,
Nobiles
,
&c.
in
our
Historians
and
Records
:
our
Parliaments
in
that
respect
being
frequently
stiled
in
antient
times
,
Concilium
SAPIENTUM
:
upon
which
Grounds
our
Kings
,
Lords
,
and
[
*
](A56189-e18370-b)
*
1
E.
3.
n.
36.55
,
56.
45
E.
3.
n.
15
,
16.
50
E.
3.
n.
10.
to
14.
1
R.
2.
n.
18.
to
27.47.50
,
51
,
112
113.
17
R.
2.
c.
1
,
2.
13
R.
2.
n.
6
,
7.
17
R
2.
n.
17
,
18.
8
H.
4.
n.
31.
to
92.
11
H.
4.
n.
24.28
,
39
,
44.
13
H.
4.
n.
11.
Commons
too
,
(
when
ever
they
recommended
Councellors
of
State
to
the
King
in
Parliament
,
made
choice
of
Lords
,
and
other
Peers
for
for
their
Privy
Councellors
,
as
most
wise
,
able
,
discreet
.
)
Therefore
it
was
thought
fit
,
just
and
equal
,
the
King
should
ever
summon
them
to
the
Parliament
by
his
Writ
,
without
any
election
of
the
people
,
for
their
own
inherent
wisdom
,
excellency
,
valour
,
learning
,
worth
;
the
Original
cause
of
advancing
,
enobling
them
at
first
,
as
is
expressed
in
their
Patents
:
and
evident
by
these
Scripture
Texts
.
Esth
,
1.13
,
14.
Isay
19.11
,
12
,
13.
Jer.
5.5
.
c.
10.7
.
c.
51.57
.
Dan.
2.48
.
c.
6.1
,
2
,
3.
Gen.
41.39.40
.
Psal.
105.21
,
22.
compared
together
.
This
ground
of
calling
the
Nobles
to
the
Parliament
,
is
intimated
in
the
very
words
of
the
summons
,
Et
ibidem
VOBISCUM
Colloquium
habere
&
tractare
de
arduis
&
urgentibus
Regni
&
Ecclesiae
Anglicanae
negotiis
,
VESTRUMQUE
CONSILIUM
IMPENSURI
,
&c.
Et
hoc
nullatenus
omittatis
:
which
clause
(
recited
in
the
Commons
writs
of
election
likewise
)
implies
them
to
be
men
of
most
wisdom
and
experience
,
able
to
counsel
and
advise
the
King
in
all
hit
weighty
,
arduous
affairs
both
of
the
Kingdom
and
Church
:
whence
by
Hereditary
antient
right
they
are
,
THE
KINGS
GREAT
COUNCEL
,
and
so
acknowledged
by
the
Commons
themselves
this
last
Parliament
.
I
could
give
many
instances
wherein
the
Commons
in
Parliament
have
extraordinarily
applauded
the
Lords
and
Peers
for
their
great
wisdom
,
[
(f)
](A56189-e18520-b)
(f)
See
the
Soveraign
power
of
Parliaments
,
part
1.2
.
and
specially
desired
their
[
*
](A56189-e18530-b)
*
25
E.
3.
rot.
Ordinat
.
n.
1
,
2
,
28.
E.
3.
n.
1.
50.
E.
3.
n.
151
,
163.167.110
.
R.
n.
68.
Exact
Collection
,
p.
13.19
.
wholsom
Counsel
,
as
persons
of
greater
wisdom
and
experience
than
themselves
:
but
for
brevity
sake
I
shall
cite
only
these
ensuing
Records
.
In
the
Parliament
of
21
Edw:
3.
rot.
Parl.
n.
4
,
5.
Wil.
de
Thorp
in
the
presence
of
the
King
,
Prelates
,
Earls
,
Barons
,
and
Commons
declared
,
that
the
Parliament
was
called
for
two
causes
:
[
†
](A56189-e18580-b)
†
See
the
Abridgement
of
the
Records
of
the
Tower
,
p.
51.88
.
The
first
concerning
the
wars
which
the
King
had
undertaken
by
the
consent
of
the
Lords
and
Commons
against
his
Enemies
of
France
.
The
second
,
how
the
Peace
of
England
may
be
kept
.
Whereupon
the
King
would
the
Commons
should
consult
together
,
and
that
within
four
days
they
should
give
answer
to
the
King
and
his
Counsel
what
they
think
therein
.
On
the
fourth
day
the
Commons
declare
,
That
they
are
not
able
to
counsel
any
thing
touching
the
point
of
War
;
wherefore
they
desire
in
that
behalf
to
be
excused
:
And
that
the
King
will
thereof
advise
with
his
Nobles
and
Council
,
and
what
shall
be
so
amongst
them
determined
,
they
the
Commons
will
thereto
assent
,
confirm
,
and
establish
By
which
it
is
evident
the
Commons
then
reputed
the
Nobles
more
wise
and
able
to
advise
the
King
in
matters
of
war
than
themselves
,
who
confessed
their
inability
therein
,
and
therefore
submitted
to
assent
to
whatever
the
Nobles
and
Councel
should
therein
advise
Him
.
28
Edw.
3.
n.
55
,
58.
The
Commons
submit
the
whole
businesse
of
the
Treaty
of
peace
with
France
,
to
the
order
of
the
King
and
of
his
Nobles
.
And
36
Edw.
3.
n.
6.
The
LORDS
only
advise
the
king
touching
Truce
or
War
with
Scotland
.
In
the
first
Parliament
of
15
Edw.
3.
n.
11.
the
Commons
having
delivered
in
divers
Articles
concerning
the
redress
of
grievances
and
publike
affairs
to
the
King
,
prayed
,
that
unto
the
Wednesday
ensuing
their
Articles
may
be
committed
to
the
Bishops
,
Barons
,
&
other
wise
men
there
named
,
by
them
to
be
amended
;
which
the
king
grauted
:
whereas
the
Lords
exhibited
their
Articles
apart
to
the
king
,
and
the
Bishops
their
Articles
apart
in
this
Parliament
,
and
protested
,
that
they
ought
not
to
answer
but
in
open
Parliament
by
and
with
their
Peers
,
without
joyning
with
the
Commons
,
num.
6
,
7
,
18
,
&c
,
26
,
27
,
35
,
37.
which
course
they
held
in
most
following
Parliaments
.
In
the
Parliaments
of
47
E.
3.
numero
15.
50
E.
3.
n.
8.
51
E.
3.
n.
18.
1
R.
2.
n.
14.
2
R.
2.
n.
23.
5
R.
2.
n.
14.
6
R.
2.
n.
14.
Parl.
2.
n.
8.
7
R.
2.
n.
9.19
.
4
H.
4.
n.
10.11
.
[
*
](A56189-e18940-b)
*
See
the
Abridgment
of
the
Records
in
the
Tower
,
p.
10.79.116.120.145.155.175.196.282.287
,
288.299.303.353.361
.
The
Commons
Petition
the
King
for
certain
Lords
to
be
sent
to
them
as
a
Commi●tee
,
to
assist
and
advise
them
in
the
matters
propounded
to
them
by
the
King
and
his
Chancellor
,
wherein
their
advise
was
required
:
as
being
more
able
to
advise
and
counsel
them
than
any
of
their
own
Members
.
In
the
Parliament
of
6
R.
2.
Par.
2.
n.
7.
The
Commons
being
demanded
their
advice
touching
the
war
with
Flanders
,
and
the
Kings
going
thither
in
person
with
an
Army
;
answered
:
That
this
consultation
did
properly
belong
to
the
King
and
Lords
,
yet
it
being
their
pleasures
to
charge
the
Commons
to
deliver
their
conceits
therein
,
they
thereupon
did
it
with
this
Protestation
,
that
what
they
spake
was
not
by
way
of
COUNSEL
,
but
to
shew
their
advice
.
Whereto
was
answered
for
the
King
;
That
there
was
but
l●ttle
difference
between
Counsel
and
Advice
.
In
the
Parliament
of
7
R.
2.
n.
16
,
17.
The
Commons
being
charged
to
deliver
their
Opinions
touching
Peace
with
France
.
For
answer
to
Peace
,
said
;
That
it
beseemed
them
not
to
intermeddle
with
their
Counsel
therein
:
And
therefore
referred
the
whole
order
thereof
to
the
King
and
his
Counsel
of
Lords
.
Whereupon
the
Commons
being
urged
to
declare
,
whether
they
desired
Peace
or
Warr
?
for
one
they
must
chuse
:
Answered
:
an
honourable
Peace
for
the
King
:
but
for
that
in
the
Articles
were
conteined
many
terms
of
the
Civil
Law
,
which
they
understood
not
;
and
for
that
they
understood
the
Articles
were
;
The
King
should
hold
;
Guienne
of
the
French
by
Homage
and
Service
,
they
knew
not
what
to
say
;
only
they
hope
,
that
the
King
meant
not
to
hold
;
Calice
,
and
other
Countries
gotten
by
the
sword
,
of
the
French
.
In
the
Parliament
of
17
R.
2.
n.
17.
The
Commons
being
demanded
their
opinions
concerning
Peace
with
France
,
declared
by
their
Speaker
,
That
the
same
passed
their
capacity
;
and
therefore
they
referred
themselves
to
the
King
,
Lords
&
Council
,
And
the
rather
,
for
that
the
Lords
and
Council
affirmed
,
that
those
wo●ds
(
Homage
,
Soveraignty
,
and
Resort
)
conteined
in
the
Indenture
of
Peace
,
should
be
mod●rated
,
&c.
In
the
P●rliament
of
20
R.
2.
n.
9.
The
Commons
excuse
themselves
touching
the
Embassadors
and
Embassie
sent
to
France
for
peace
,
referring
the
same
to
the
Kings
own
pleasare
and
the
Lords
.
I
shall
conclude
with
one
President
more
,
most
suitable
to
the
present
deplorable
condition
of
our
State
,
and
worthy
imitation
.
In
the
Parliament
of
5
Hen.
4.
Rot.
Parl.
num.
9
,
10.
The
Commons
having
presented
to
the
King
in
Parliament
divers
grievances
,
in
the
ill-managing
of
his
Revenues
,
the
decay
of
his
Castles
,
Houses
and
Parks
;
the
great
povertie
and
pressures
of
his
Subjects
,
and
danger
of
the
Enemies
:
thereupon
they
most
intirely
and
cordially
prayed
the
King
,
to
consider
the
eminent
perils
of
all
parts
of
the
Realm
by
reason
of
the
Enemies
and
Rebels
,
of
which
they
had
news
from
day
to
day
;
and
that
as
the
case
then
stood
,
if
such
mischiefs
were
not
speedily
and
graciously
remedied
and
reformed
in
this
Parliament
,
it
might
fall
out
upon
sodain
arrival
of
Enemies
,
or
by
some
other
means
,
this
Parliament
must
of
necessity
be
departed
from
by
all
and
dissolved
,
so
as
the
Lords
and
Commons
should
never
re-assemble
again
to
redress
the
said
Mischiefs
,
and
others
,
which
God
defend
.
And
therefore
that
it
would
please
the
King
,
considering
the
high
Wisdoms
and
Discretions
of
the
Lords
,
and
that
they
had
knowledge
of
many
Perils
and
Matters
which
could
not
be
so
clearly
known
to
the
King
,
that
he
would
now
in
this
present
Parliament
charge
all
his
Lords
Spiritual
and
Temporal
,
upon
the
faith
they
principally
owe
to
God
,
and
the
faith
,
Homage
and
Allegiance
which
they
owe
to
our
Lord
the
King
himself
,
for
the
aid
and
salvation
of
themselves
,
and
of
all
the
Realm
,
that
the
said
Lords
would
counsel
and
shew
him
their
advice
and
wholesom
counsel
in
this
behalf
severally
and
intirely
without
dissimulation
,
or
adulation
,
having
regard
to
the
great
mischiefs
and
necessity
aforesaid
.
And
thereupon
our
Lord
the
King
most
graciously
,
with
his
own
mouth
in
full
Parliament
,
charged
and
commanded
as
well
the
Lords
,
as
the
said
Commons
,
that
they
should
doe
their
diligence
,
and
shew
unto
him
their
good
and
wholesom
Counsels
in
this
behalf
,
for
the
aid
of
him
and
all
his
Realm
.
And
after
the
said
Commons
in
the
same
Parliament
,
made
request
to
the
said
Lordt
,
that
seeing
the
King
had
given
them
such
a
charge
and
command
,
and
that
in
so
high
a
manner
of
Record
,
that
they
would
do
their
diligence
,
well
and
loyally
to
pursue
the
same
without
any
courtesie
made
between
them
in
any
manner
,
as
they
would
answer
before
the
most
High
,
and
before
our
Lord
the
King
,
and
to
all
the
realm
in
time
to
come
;
and
that
the
Commons
themselves
thereupon
would
do
the
like
on
their
party
.
Which
if
both
Lords
and
Commons
would
now
cordially
and
sincerely
promise
and
engage
to
do
,
without
self-ends
or
in●ests
,
we
might
see
our
Church
and
Kingdom
speedily
setled
in
a
peaceable
and
happy
condition
.
In
brief
,
the
Lords
alone
in
the
very
Writs
for
chusing
Knights
and
Burgesses
,
are
stiled
,
[
*
](A56189-e19300-b)
*
See
the
Freeholders
Grand
Inquest
.
The
Common
Council
of
the
Kingdom
,
and
the
Knights
,
Citizens
and
Burgesses
are
called
;
to
effect
and
assent
to
that
which
they
and
the
King
,
by
their
common
advice
,
shall
Ordain
,
and
5
Rich.
2.
Parl.
2.
n.
3.
6
R.
2.
n.
8
,
9
,
11
,
26.
and
Parl.
2
R.
2.
n.
7.9
.
they
are
called
THE
GREAT
COUNCIL
OF
LORDS
,
by
reason
of
their
extraordinary
wisdom
and
abilities
.
And
so
are
they
expresly
stiled
by
the
whole
House
of
Commons
themselves
in
their
first
printed
Remonstrance
of
the
State
of
the
Kingdom
,
15
Decemb.
1641.
Exact
Collection
,
p.
13.
Therefore
most
fit
to
sit
,
counsel
,
advise
vo●e
,
and
judge
in
Parliament
.
Secondly
,
The
Lords
and
great
Officers
of
the
Realm
,
as
such
;
were
ever
reputed
persons
of
greatest
Valour
,
Courage
.
Power
,
(
in
regard
of
their
great
interests
,
Estates
,
worth
many
whole
Boroughs
,
of
which
divers
of
them
are
sole
Lords
,
their
allies
,
and
retainers
)
and
so
best
able
to
withstand
,
redress
all
publike
grievances
,
exactions
,
encroachments
of
the
King
,
his
Officers
,
and
others
upon
their
own
and
the
peoples
Liberties
,
Laws
,
Great
Charters
,
in
defence
whereof
they
have
in
antient
times
been
alwaies
most
ready
,
active
to
spend
not
only
their
estates
,
but
bloud
and
lives
too
,
wherewith
they
have
redeemed
,
preserved
those
Laws
,
Liberties
,
Great
Charters
concerning
their
Freedoms
,
we
now
enjoy
and
contend
for
.
And
in
this
regard
our
Ancestors
in
point
of
wisdom
,
policy
,
reason
right
,
thought
meet
,
that
ex
congruo
et
condigno
,
et
[
†
](A56189-e19390-b)
†
Sir
Edw●
Cooks
4
Instit.
p.
1.
debito
Justitiae
,
they
should
alwayes
be
summoned
to
,
and
bear
chief
sway
in
our
Parliaments
,
in
respect
of
their
Peerage
,
Power
,
Nobility
only
,
without
the
peoples
election
.
This
reason
of
their
sitting
in
Parliament
,
we
find
expresly
recorded
in
Bracton
,
l.
2.
c.
16.
fol.
34.
and
in
Fleta
,
l.
1.
c.
17.
The
King
(
say
they
)
hath
a
Superiour
,
namely
,
God
;
also
the
Law
,
b●
which
he
is
made
a
King
;
likewise
his
Court
,
to
wit
,
THE
EARLS
&
BARONS
,
because
they
are
called
Counts
,
as
being
the
KINGS
FELLOWS
,
and
he
who
hath
a
Fellow
,
hath
A
MASTER
.
And
therefore
if
the
King
shall
be
without
a
bridle
,
that
is
,
without
a
Law
;
debent
ei
fr●num
imponere
,
THEY
OUGHT
TO
IMPOSE
A
BRIDLE
ON
HIM
,
&c.
which
the
Commons
being
persons
of
less
power
and
interest
were
unable
to
do
.
Andrew
Horn
in
his
Mirrour
of
Justice
,
ch
.
1.
§.
2.3
.
renders
the
like
reason
.
In
all
the
contests
in
Parliaments
,
and
Wars
between
K.
John
,
H●n
.
3.
Edw.
2.
&
Rich.
2.
concerning
Magna
Charta
,
the
Charter
of
the
Forest
,
the
Liberties
,
Properties
of
the
Subjects
,
and
opposition
of
unjust
Taxes
,
Ayds
,
Exactions
,
the
Lords
and
Barons
were
the
Ring-leaders
,
the
chief
Opposers
of
these
Kings
Usurpations
,
Exactions
,
and
Encroachments
on
the
Great
Charters
,
Laws
,
Rights
,
Liberties
of
the
people
,
as
all
our
[
(g)
](A56189-e19580-b)
(g)
See
Mat.
Paris
,
Mat.
Westminster
,
Walsingham
,
Huntingdon
,
Holinshed
,
Polychronicon
,
Caxton
,
Grimston
,
Stow
,
Speed
,
Trussel
,
Baker
,
Martin
,
Daniel
,
How
,
and
the
Soveraign
Power
of
Parliaments
and
Kingdoms
,
part.
1
,
2
,
&
3.10
R.
2.
c.
1
,
2.
11
R.
2.
c.
1.
to
7.
21
〈…〉
13.
1
H.
4.
c.
2.
for
proof
hereof
.
Histories
and
Records
relate
;
whence
they
stile
the
Wars
in
their
times
,
THE
BARONS
WARS
:
and
before
this
,
the
Nobles
were
the
principal
Actors
in
resisting
the
Tyranny
of
K.
Sigebert
,
and
K.
Bernard
,
and
dethroning
them
for
their
misdemeanours
,
as
is
clear
by
Mat.
Westminster
in
his
Flores
Historiarum
,
An.
756.
&
758.
To
give
some
pregnant
Instances
of
this
kind
not
vulgarly
known
or
taken
notice
of
,
to
clear
this
truth
beyond
contradiction
.
Upon
the
death
of
William
Rufus
,
[
*
](A56189-e19690-b)
*
Mat.
Paris
.
Historiar
Angl.
Tigur
.
1588.
p.
52
,
53
,
54.
An.
1100.
Magnates
,
the
Nobles
of
England
not
knowing
what
was
become
of
Robert
Duke
of
Normandy
,
who
had
been
5.
years
absent
in
the
holy
Warrs
;
thereupon
Henry
his
Brother
,
Congregato
Londoniis
Clero
Angliae
,
&
populo
universo
,
(
to
wit
,
the
Lords
Spiritual
and
Temporal
expressed
by
these
terms
,
not
the
inferiour
Clergy
,
Knights
,
Citizens
,
Burgesses
and
Commons
of
the
Realm
,
[
*
](A56189-e19770-b)
*
Mr.
Tate
,
Mr.
Ager
,
&
others
.
as
some
Antiquaries
and
others
mistake
,
who
derive
their
sitting
in
Parliaments
from
the
beginning
of
this
Kings
reign
)
promisit
emendationem
legum
quibus
oppressa
fuerat
Anglia
tempore
Patris
sui
&
Fratris
nuper
defuncti
:
ut
animos
omnium
in
sui
promotionem
accenderet
et
amorem
,
et
illum
in
Regem
susciperent
et
patronum
.
Ad
haec
CLERO
respondente
et
MAGNATIBUS
CUNCTIS
(
the
Clerus
&
populus
there
summoned
)
quod
si
animo
volente
ipsis
vellet
concedere
,
et
Charta
sua
communire
illas
Libertates
et
Consuetudines
antiquas
quae
floruerunt
in
Regno
tempore
Regis
Edwardi
,
in
ipsum
consentirent
,
et
in
Regem
unanimiter
consecrarent
.
Henrico
autem
libenter
annuente
,
et
se
id
facturum
cum
juramento
affirmante
,
consecratus
est
in
Regem
favente
Clero
et
populo
,
cui
continuo
à
Mauritio
Londonensi
Episcopo
,
et
à
Thoma
Eboracensi
Archiepiscopo
corona
capi●i
imponitur
.
Cum
fuerat
diademate
insignitus
,
has
Libertates
subscriptas
in
regno
,
ad
exaltationem
sanctae
Ecclesiae
et
pacem
populi
,
tenendas
concessit
.
His
Charter
is
recorded
at
large
in
[
*
](A56189-e19840-b)
*
Historia
.
Angl.
p.
53.
Matthew
Paris
,
[
†
](A56189-e19860-b)
†
Chronicon
col.
1201
,
1202.
See
Holinshed
,
and
Speed
.
Bromton
,
and
others
.
It
begins
thus
,
Henricus
Dei
Gra●ia
,
Rex
Angliae
,
&c.
Sciatis
,
me
Dei
misericordia
▪
&
Communi
Consilio
Baronum
Regni
Angliae
Regem
esse
coronatum
(
which
proves
that
the
Clerus
Angliae
&
Populus
forementioned
,
were
only
the
Spiritual
and
Temporal
Barons
,
not
ordinary
Clergy
and
Commons
,
as
contradistinguished
from
them
)
et
quia
regnum
oppressum
erat
injustis
exactionibus
,
Ego
respectu
Dei
et
amore
quam
erga
vos
omnes
habeo
,
sanctam
Dei
Ecclesiam
liberam
facio
,
&c.
et
omnes
malas
consuetudines
quibus
Regnum
Angliae
injuste
opprimebatur
,
inde
aufero
:
quis
malas
consuetudines
in
parte
hic
pono
.
Si
quis
Baronum
meorum
,
Comitum
,
&c.
[
*
](A56189-e19930-b)
*
or
Legem
.
Lagam
Regis
Edwardi
vobis
reddo
cum
illis
emendationibus
quibus
Pater
meus
eam
emendavit
Consilio
Baronum
suorum
.
This
Charter
was
subscribed
by
all
the
Bishops
,
Earls
,
Nobles
and
Barons
of
England
;
Et
factae
sunt
tot
Chartae
quot
sunt
Comitatus
in
Anglia
,
et
Rege
jubente
positae
in
Abbatiis
singulorum
Comitatuum
ad
monimentum
.
So
Matthew
Paris
relates
.
[
*
](A56189-e19980-b)
*
De
Gestis
Regum
,
l.
5.
p.
156.
William
of
Malmsbury
records
:
In
regem
electus
est
,
aliquantis
tamen
ante
controversiis
INTER
PROCERES
agitatis
,
atque
sopitis
.
Which
done
,
aliquarum
moderationem
legum
revocavit
in
solidum
,
&
Sacramento
suo
et
OMNIUM
PROCERUM
,
ne
luderentur
,
corroboravit
.
[
*
](A56189-e20050-b)
*
De
Gestis
Regum
Angliae
,
col.
225
,
226.
Simeon
Dunelmensis
records
,
that
Consecrationis
suae
die
Sanctam
Dei
Ecclesiam
liberam
fecit
,
ac
omnes
malas
consuetudines
,
et
injustas
exactiones
quibus
regnum
Angliae
opprimebatur
,
abstulit
,
Legem
Regis
Edwardi
omnibus
in
commune
reddidit
,
&c.
MAJORES
NATU
ANGLIAE
,
&
MAGNATES
TERRAE
CONGREGAVIT
LONDONIAE
.
The
[
*
](A56189-e20090-b)
*
Col.
997.
Chronicle
of
Bromton
,
records
the
same
in
the
self-same
words
:
and
so
doth
Henry
Knyghton
de
Eventibus
Angliae
,
l.
2.
c.
8
,
9.
Polychron
.
l.
7.
c.
12.
Roger
de
Hoveden
,
Annal.
pars
1.
p.
468.
and
that
the
Lords
procured
this
Charter
.
King
[
*
](A56189-e20170-b)
*
Richardus
Prior
Hagustaldensis
de
Gestis
Regis
Stephani
,
col.
314
,
315.
Mat.
Paris
,
p.
71.
Roger
de
Hoveden
.
Annal.
pars
prior
.
p.
482.
Hen.
Huntindon
,
Hist.
l.
8.
p.
386
,
387.
Fabian
,
Holinshed
,
Speed
,
Grafton
,
Anno
1136.
Polychronicon
,
l.
7.
c.
18.
Hen.
de
Knyghton
,
de
Eventibus
Angliae
,
l.
2.
c.
9
,
10.
Stephen
being
elected
and
crowned
King
à
PRIMORIBUS
REGNI
;
against
his
own
and
their
former
Oaths
,
Omnes
tam
Praesules
,
quam
Comites
et
Barones
,
qui
filiae
Regis
et
suis
haeredibus
juraverant
Fidelitatem
,
consensum
Stephano
praebentes
:
In
pursuance
of
his
Coronation
Oath
Anno
1136.
EPISCOPOS
&
PROCERES
REGNI
SUI
regali
Edicto
in
unum
convenire
praecepit
,
cum
quibus
GENERALE
CONCILIUM
CELEBRAVIT
Oxoniis
.
Wherein
he
confirmed
all
their
Laws
and
Liberties
by
a
special
Charter
:
in
which
there
are
these
Clauses
among
others
.
Sanctam
Ecclesiam
liberam
esse
concedo
,
et
debitam
reverentiam
illi
conservo
.
Omnes
exactiones
et
injustitias
et
meschemingas
,
sive
per
Vicecomites
,
sive
per
alios
quoslibet
male
inductas
,
funditus
extirpo
.
Bonas
leges
et
antiquas
et
justas
consuetudines
in
hundris
&
placitis
,
et
aliis
causis
observabo
,
et
observari
praecipio
et
constituo
.
This
Charter
was
subscribed
by
all
the
Bishops
,
Earls
and
Barons
,
who
procured
it
,
in
this
Common
Council
at
Oxford
.
Which
they
promised
inviolably
to
observe
,
&
generaliter
se
servaturum
juravit
:
sed
nihil
horum
quae
Deo
promiserat
observavit
,
writes
Matthew
Paris
:
Henry
Huntindon
,
Holinshed
,
and
others
observe
,
that
the
Archbishops
,
Bishops
and
Nobles
,
who
contrary
to
their
Oaths
of
Allegiance
to
Henry
the
1.
Mawde
,
and
their
heirs
,
elected
Stephen
King
,
for
this
their
detestable
perjury
,
soon
after
came
to
exemplary
ends
:
especially
Roger
the
great
Bishop
of
Salisbury
,
qui
secundum
illud
Sacramentum
praefatum
fecerat
,
et
omnibus
aliis
praedicaverat
;
unde
justo
Deo
judicio
postea
ab
eodem
(
Stephano
)
quem
creavit
in
Regem
,
captus
et
excruciatus
,
miserandum
sortitus
est
exterminium
,
et
omnes
Magni
qui
Stephano
juramentum
fecerunt
MISERVM
SORTITI
SUNT
FINEM
.
In
the
[
*
](A56189-e20330-b)
*
Mat.
West
.
Mat.
Paris
,
Hist
Angl.
p.
232.
to
282
:
Daniel
,
p.
140.
to
144.
Speed
,
p.
558.
to
567.
Holinshed
,
Grafton
,
Fabian
,
and
others
.
16.
and
17.
years
of
K.
John
,
An.
Dom.
1214
,
1215.
The
Prelats
,
Earls
,
Nobles
,
and
Barons
,
being
assembled
together
in
a
great
Parliamentary
Council
held
at
Pauls
&
after
at
St.
Edmunds
,
there
was
produced
and
read
before
them
a
Charter
of
King
Henry
the
1.
which
the
Barons
received
from
Stephen
Archbishop
of
Canterbury
;
which
Charter
conteined
certain
Laws
and
Liberties
of
King
Edward
,
granted
to
the
holy
Church
and
the
great
men
of
the
Realm
,
with
some
other
Liberties
which
the
said
King
had
added
thereunto
of
his
own
grant
.
Which
being
read
,
thereupon
the
BARONS
ALL
swore
in
the
Archbishops
presenc
,
that
if
need
were
,
they
would
spend
their
blood
in
its
defence
.
And
afterwards
at
St.
Edmonds
Bury
,
the
BARONS
swore
upon
the
High
Altar
,
That
if
King
John
refused
to
confirm
and
restore
to
them
those
Liberties
and
Rights
of
the
kingdom
;
they
would
make
War
upon
Him
,
and
withdraw
themselves
from
his
allegiance
,
till
he
had
ratified
them
all
by
his
Charter
under
his
Great
Seal
.
Which
they
accordingly
performed
.
The
King
promising
to
confirm
their
Liberties
and
the
Charter
of
King
Henry
the
1.
which
the
Barons
publikely
read
in
3.
of
their
Great
Parliamentary
Councils
)
and
yet
de●aying
the
same
;
thereupon
all
the
Nobles
and
Barons
assembled
together
at
Stamford
,
with
their
horses
,
friends
and
followers
,
amounting
to
many
thousands
,
resolving
to
force
the
King
to
grant
and
ratify
the
same
.
Whereupon
the
King
sent
the
Archbishop
of
Canterbury
,
William
Marshal
Earl
of
Pembroke
,
and
other
prudent
men
to
the
Earls
and
Barons
,
to
demand
of
them
,
Quae
essent
Leges
&
Libertates
quas
quaer●bant
?
Who
thereupon
produced
a
schedule
of
them
to
the
Messengers
,
quae
ex
parte
maxima
Leges
antiquas
&
regni
consuetudines
continebat
▪
Capitula
earum
partim
in
Charta
Regis
Henrici
1.
superius
scripta
sunt
;
partimque
ex
Legibus
Regis
Edwardi
antiquis
excerpt●
.
The
Barons
affirming
,
quod
nisi
Rex
illas
in
continenti
concederet
,
et
Sigilli
munimine
confirmaret
,
ipsi
per
captionem
Castrorum
suorum
,
terrarum
&
possessionum
IPSUM
REGEM
COMPELLERENT
,
donec
super
praemissis
satisfaceret
competenter
.
The
Archbishop
returning
to
the
King
,
and
repeating
the
Articles
and
Liberties
they
demanded
to
him
by
heart
;
when
he
understood
their
contents
,
with
great
indignation
and
scorn
answered
:
Et
quare
cum
istis
iniquis
exactionibus
BARONES
non
postulant
regnum
?
Vana
sunt
,
iniquit
,
et
superstitiosa
quae
petunt
,
nec
aliquo
rationis
titulo
fulciuntur
.
Affirmavit
tandem
cum
iuramento
fu●ibundus
,
quod
nunquam
tales
illis
concederet
Libertates
,
unde
ipse
efficeretur
servus
.
When
the
Archbishop
and
William
Marshal
the
Earl
,
could
by
no
means
induce
the
King
to
consent
thereto
,
they
returned
by
his
command
to
the
Barons
,
relating
all
that
the
King
had
said
to
them
in
order
.
Whereupon
tota
Angliae
Nobilitas
in
unum
collecta
,
all
the
Nobles
of
England
collected
together
into
one
body
,
constituted
Robert
Fitzwalter
General
of
their
Militia
,
calling
him
,
MARESCALLV
MEXERCITVS
DEI
ET
ECCLESIAE
SANCTAE
;
and
flying
to
their
arms
,
besieged
several
of
the
Kings
Castles
.
Who
thereupon
seeing
himself
generally
deserted
almost
by
all
men
,
and
fearing
the
Barons
would
take
his
Castles
without
any
resistance
;
though
he
bare
an
inexorable
hatred
against
the
Barons
in
his
heart
:
yet
thinking
to
be
revenged
of
them
singly
afterwards
,
when
he
could
not
do
any
thing
against
them
all
being
united
,
he
sent
Messengers
to
assure
them
;
quod
pro
bono
pacis
,
&
ad
exaltationem
Regni
sui
et
honor●m
Gratanter
concederet
Leges
et
Libertates
quas
petebant
;
desiring
them
to
appoint
a
fitting
time
and
place
for
them
to
meet
and
conferr
together
,
and
perform
what
they
desired
.
Whereupon
the
King
&
all
the
Nobles
and
Barons
meeting
together
at
a
Conference
in
Running
Mead
,
he
after
many
debates
granted
them
the
Laws
and
Liberties
they
desired
,
confirming
them
by
his
Charters
under
his
Great
Seal
:
the
Tenor
whereof
is
at
large
recorded
in
Matthew
Paris
,
and
in
the
Red
Book
of
the
Exchequer
;
being
almost
the
same
in
Terms
,
with
Magna
Charta
,
and
Charta
Forestae
,
afterwards
granted
&
confirmed
in
9
H.
3.
printed
in
all
our
Statute
Books
,
and
so
needless
to
transcribe
.
These
Charters
being
sealed
and
confirmed
by
the
King
,
he
at
the
Barons
request
,
sent
Letters
Patents
through
all
the
coasts
of
England
,
firmly
commanding
all
the
Sheriffs
of
the
whole
Realm
,
that
they
should
cause
all
men
of
what
condition
soever
within
their
Bayliwicks
,
to
swear
,
that
they
would
observe
the
foresaid
Laws
and
Liberties
,
and
that
to
the
best
of
their
power
they
would
constrain
the
King
himself
,
by
the
seising
of
his
Castles
,
to
perform
all
the
things
aforesaid
,
as
they
were
conteined
in
his
Charter
.
In
mean
time
the
King
sent
Letters
to
Pope
Innocent
,
to
vouchsafe
to
confirm
the
Liberties
and
Charters
he
had
granted
,
with
his
Bull.
After
which
for
their
more
inviolable
observation
,
it
was
concluded
and
enacted
;
That
there
should
be
25
BARONS
chosen
by
the
LORDS
(
not
Commons
)
who
should
,
to
their
utmost
power
,
cause
the
Great
Charter
confirmed
by
K.
John
,
to
be
duly
observed
;
That
if
either
the
King
,
or
His
Justicier
should
transgress
the
same
,
or
offend
in
any
one
Article
,
4
of
the
said
Barons
should
immediately
repair
to
Him
,
and
require
redress
of
the
same
without
delay
;
which
if
not
done
within
forty
days
after
,
that
then
the
said
4
BARONS
and
the
rest
should
distrain
and
seize
upon
the
Kings
Castles
,
Lands
and
Goods
,
till
amends
was
made
according
to
their
arbitration
.
Rot.
Patent
,
Anno
17.
Johannis
Regis
,
in
the
Tower
,
m.
21
,
22.
n.
23.
Dorso
.
Writs
were
sent
to
all
the
Sherifs
&
Counties
of
England
,
to
swear
all
the
people
to
those
25
Barons
,
to
aid
and
assist
them
in
the
premises
,
under
pain
of
seizing
their
lands
into
the
Kings
hands
,
and
confiscation
of
all
their
goods
to
him
,
if
they
refused
to
take
the
Oath
within
15
dayes
.
And
the
City
and
Tower
of
London
were
put
into
the
Barons
hands
,
till
the
King
had
performed
his
agreement
with
them
:
Such
confidence
and
power
was
then
reposed
in
the
BARONS
alone
.
In
the
Patent
Roll
of
16
Johannis
Regis
,
pars
1.
dors.
3·
I
find
this
memorable
Grant
to
the
Barons
.
well
explaining
the
Statute
of
Magna
Charta
,
c.
29
,
Sciatis
quod
concessimus
BARONIBUS
qui
contra
nos
sunt
,
quod
eos
nec
homines
suos
capiemus
,
nec
dissaiseamus
,
nec
super
eos
per
vim
,
vel
per
arma
ibimus
,
nisi
per
legem
Regni
nostri
,
vel
judicio
Parium
suorum
in
curia
nostra
.
A
very
excellent
Privilege
,
Law
,
Liberty
,
purchased
by
the
Barons
industry
,
inserted
into
K.
Johns
Great
Charter
,
[
*
](A56189-e21050-b)
*
Mat.
Paris
,
p.
247
,
248.
liber
Rep.
in
Scac.
f.
234
▪
235
▪
soon
after
published
,
ratifying
it
in
these
terms
.
Comites
&
Barones
non
amercientur
nisi
per
Pares
suos
,
&
non
nisi
secundum
modum
delicti
.
Nullus
liber
homo
capiatur
vel
imprisonetur
,
vel
dissaisietur
de
aliquo
libero
tenemento
suo
,
vel
libertatibus
,
vel
liberis
consuetudinibus
suis
,
aut
utlegetur
aut
exulet
,
aut
aliquo
alio
modo
destituatur
,
nec
super
eum
ibimus
,
nec
eum
in
carcere
mittemus
,
nisi
per
legale
judicium
Parium
suorum
,
vel
per
legem
terrae
,
Nulli
vendemus
,
nulli
negabimus
,
aut
differemus
Rectum
vel
Justitiam
.
The
Barons
having
by
their
valour
,
magnanimity
,
industry
,
procured
these
Great
Charters
of
their
liberties
;
and
of
the
Forest
,
were
as
carefull
,
vigilant
to
preserve
them
,
to
punish
the
Violations
of
them
,
and
to
get
them
reconfirmed
,
repromulged
,
when
violated
by
our
Kings
,
which
I
shall
manifest
by
some
Records
&
Histories
,
not
commonly
known
,
or
taken
notice
of
.
Rot.
Pat.
17
Johannis
,
pars
1.
m.
19
,
21
,
22
,
23
,
24.
Dorso
,
and
Chart.
17.
Joh.
Dors.
27.
There
are
sundry
Patents
,
Commissions
,
Writs
,
for
sending
the
Great
Charter
,
and
Charter
of
the
Forest
into
every
County
,
for
enquiring
of
all
evil
customs
contrary
to
them
,
that
they
might
be
abolished
,
&
all
violations
of
them
,
that
they
might
be
redressed
;
all
by
the
Barons
procurement
,
and
by
agreement
betwen
the
King
and
Barons
,
whose
names
are
there
inserted
.
Pat.
1
Hen.
3.
m.
13.
&
15
The
Great
Charter
,
by
advice
of
the
Earls
and
Great
men
,
is
sent
by
King
Henry
the
third
into
Ireland
,
the
exemplification
whereof
was
sealed
with
the
Po●es
Legates
Seal
,
as
well
as
the
Kings
:
and
precepts
are
the●e
sent
to
Sherifs
,
to
read
it
openly
;
it
being
thus
stiled
in
these
Records
.
Libertates
(
&
Charta
libertatum
)
Regni
nostri
Angliae
,
a
patre
nostro
&
a
nobis
concessae
.
so
Claus.
12
H.
●3
.
pars
1.
m.
17.
There
is
another
precept
for
publishing
and
observing
the
Great
Charter
in
Ireland
.
Rot.
Claus.
2
H.
3.
m.
6.
&
11.
Dorso
.
The
Great
Charter
,
by
special
writs
,
is
commanded
to
be
duly
kept
,
read
,
and
observed
in
most
Counties
,
and
sent
down
into
Yorkshire
for
that
end
,
by
the
Barons
advice
and
procurement
.
Pat.
An.
3.
H.
3.
pars
2.
m.
3.
There
is
mention
of
Charta
nostra
de
Libertatibus
Forestae
concessis
probis
nostris
hominibus
de
Anglia
.
By
the
Barons
means
,
and
order
for
its
observation
.
Anno
Dom.
1223.
The
7th
.
of
Henry
the
3
his
reign
,
[
*
](A56189-e21440-b)
*
Mat.
Paris
,
p.
305.
Mat.
Westm.
An.
1223.
p.
113.
See
Daniel
,
Holinshed
,
Speed
,
Grafton
.
This
King
in
the
Octaves
of
Epiphany
,
apud
Loudonias
veniens
cum
Baronibus
ad
colloquium
,
requisitus
est
ab
Archiepiscopo
Cantuariensi
,
&
Magnatibus
aliis
,
ut
libertares
,
&
liberas
consuetudines
pro
quibus
guerra
mota
fuit
contra
patrem
suum
,
confirmaret
.
Et
sicut
Archiepiscopus
ostendit
evidenter
,
idem
Rex
diffugere
non
potuit
,
quin
hoc
faceret
,
cum
in
recessu
Ludovici
ab
Anglia
juraverat
,
&
tota
Nobilitas
Angliae
cum
illo
,
quod
libertates
praescriptas
omnes
observarent
,
&
ab
omnibus
traderent
observandas
.
Quod
audiens
Gulielmus
de
Briwere
,
qui
unus
erat
ex
Consiliariis
Regis
,
pro
Rege
respondens
,
dixit
:
Libertates
,
quas
petitis
,
quia
violenter
extortae
fuerunt
,
non
debent
de
jure
observari
.
Quod
verbum
Archiepiscopus
moleste
ferens
,
increpavit
eum
,
dicens
▪
Gulielme
,
si
Regem
in
veritate
deligeres
,
pacem
regni
non
impedires
.
Videns
autem
Rex
Archiepiscopum
in
ira
commotum
,
dixit
,
Omnes
libertates
illas
juravimus
,
&
omnes
astricti
sumus
,
ut
quod
juravimus
observemus
.
Et
Rex
protinus
habito
super
hoc
consilio
,
misit
literas
suas
ad
singulos
Vicecomites
Regni
,
ut
per
milites
duodecim
,
vel
legales
homines
,
uniuscujuscunque
Comitatus
,
per
sacramentum
facerent
inquiri
,
quae
fuerunt
libertates
in
Anglia
,
tempore
Regis
Henrici
avi
sui
,
&
facta
inquisitione
,
Londonias
mitterent
ad
Regem
in
quindecim
diebus
post
Pascham
.
These
Writs
and
Letters
of
the
King
are
recorded
in
the
Tower
▪
Rot.
Claus
,
7.
Hen.
3.
part
2.
m.
20.
dorso
.
Commanding
the
liberties
found
and
retorned
,
to
be
proclaimed
and
observed
:
But
it
seems
by
Dors.
14.
there
was
a
countermand
,
neither
to
proclaim
nor
observe
them
:
Whereupon
[
†
](A56189-e21620-b)
†
Mat.
Paris
,
p.
305
,
306.
Mat.
West
.
p.
114.
the
King
soon
after
sending
the
Archbishop
with
three
other
Bishops
into
France
to
King
Lewis
,
to
render
Normandy
,
with
other
lands
,
unto
King
Henry
,
according
to
his
Oath
made
to
him
in
his
recess
from
England
,
with
the
consent
of
all
the
Barons
:
King
Lewis
thereunto
replied
,
that
King
Henry
had
first
broken
his
Oath
to
him
in
this
particular
amongst
others
,
De
Libertatibus
autem
regni
Angliae
,
de
quibus
guerra
mota
fuerat
,
quae
in
recessu
suo
concessae
erant
,
&
AB
OMNIBUS
JURATAE
,
ita
actum
est
,
quod
non
solum
illae
leges
pessimae
ad
statum
pristinum
sunt
reductae
,
fed
&
illis
nequiores
per
totam
Angliam
sunt
generaliter
constitutae
:
nec
etiam
Ecclesiae
sanctae
Libertates
,
quas
in
Coronatione
sua
inviolabiliter
se
juravit
conservaturum
conservat
.
Unde
qui
prius
pactum
violavit
,
primus
&
injuriosus
existit
,
non
ego
.
Quod
audiens
Archiepiscopus
,
&
Episcopi
qui
cum
eo
erant
,
cum
aliud
responsum
habere
nequiverant
,
confusi
ad
propria
sunt
reversi
,
Regi
Angliae
quae
audierant
referentes
.
[
†
](A56189-e21740-b)
†
Mat.
Paris
,
p.
308.
Mat.
West
.
p.
117.
In
the
8
year
of
King
Henry
rhe
3.
the
King
by
reason
of
the
insurrection
of
the
Earl
of
Chester
,
and
others
,
and
the
French
Kings
taking
of
Rochel
from
him
,
Convenerunt
ad
Colloquium
apud
Northamptonam
Rex
cum
Archiepiscopis
,
Episcopis
,
Comitibus
,
Baronibus
,
&
aliis
multis
de
regni
negotiis
tractaturi
,
&c.
Wherein
,
Regi
pro
maximis
laboribus
suis
&
expensis
,
tam
à
Praelatis
quam
a
Laicis
,
concessum
est
Carucagium
per
totam
Angliam
de
qualiter
caruca
duo
solidi
argenti
.
Whereupon
the
King
by
the
Barons
and
Nobles
consent
and
advice
;
as
appears
by
Rot.
Pat.
8.
H.
3.
pars
3.
Dors.
14
,
15.
Sent
Writs
to
sundry
Sherifs
,
and
to
the
Bishop
of
Durham
and
his
Chancellor
,
to
proclaim
and
observe
the
Great
Charter
of
Liberties
,
and
the
Charter
of
the
Forest
.
[
*
](A56189-e21900-b)
*
Mat.
Paris
p.
311.
Mat.
West
.
p.
118.
In
the
9
year
of
King
Henry
the
3.
the
King
holding
a
Parliamentary
Council
at
Westminster
,
demanded
advice
,
and
also
a
fiftenth
part
of
all
the
moveables
of
the
Clergy
and
Laity
through
England
,
for
the
recovery
of
the
antient
dignity
,
rights
and
possessions
of
the
Crown
,
then
lost
,
and
seised
on
by
the
French
King
.
Whereupon
,
Archiepiscopus
,
&
Concio
tota
Episcoporum
,
Comitum
&
Baronum
,
Abbatum
&
Priorum
,
habita
deliberatione
,
Regi
dedere
responsum
:
quod
Regis
petitionibus
gratanter
acquiscerent
,
si
illis
diu
petitas
libertates
concedere
voluisset
.
Annuit
itaque
Rex
cupiditate
ductus
,
quod
petebant
Magnates
,
Cartisque
protinus
conscriptis
,
&
Regis
sigillo
munitis
ad
singulos
Angliae
Comitatus
Cartae
singulae
dirig●ntur
,
&
ad
Provincias
illas
quae
in
Forestis
sunt
constitutae
,
duae
cartae
sunt
directae
,
una
scilicet
de
libertatibus
communibus
,
&
alter
de
libertatibus
Forestae
,
&c.
Et
sic
soluto
Concilio
delatae
sunt
cartae
singulae
ad
singulos
Comitatus
,
ubi
ex
Regis
mandato
,
literatorio
interposito
juramênto
,
ab
omnibus
observari
jubentur
:
Ricardo
fratre
Domini
Regis
milite
libertates
generales
,
tam
Forestarum
,
quam
aliarum
libertatum
,
pro
quibus
tantum
cum
Rege
Joh.
decertatum
fuit
,
licet
nil
stabile
vel
solidum
,
vel
pollicitae
redderetur
vel
observaretur
(
as
now
in
this
age
)
SUNT
DECEPTORIAE
ACCLAMATAE
.
These
Charters
are
printed
in
all
our
Statute-Books
,
varying
from
those
●f
King
John
in
some
particulars
.
Rot.
Clause
,
An.
18
H.
3.
m.
10.
The
King
in
a
Writ
to
the
Sherif
of
Lincoln
recites
,
that
his
Bailifs
knew
not
how
to
levy
their
Hundred
Courts
in
his
County
,
postquam
concessimus
omnibus
Regni
nostri
libertates
contentas
in
Cartis
nostris
,
quas
inde
fecimus
,
dum
fuimus
infra
aetatem
.
Nos
eandem
cartam
nuper
legi
fecimus
in
praesentia
Domini
Cantuariensis
,
&
Majoris
,
&
sanioris
partis
OMNIUM
EPISCOPORUM
,
COMITUM
ET
BARONUM
TOTIUS
REGNI
NOSTRI
.
To
the
end
that
they
might
expound
and
resolve
the
35
Chapter
thereof
,
how
the
County
Courts
and
Sherifs
Turns
should
be
kept
,
which
is
fully
explained
and
resolved
in
this
Record
by
their
advice
.
Rot.
Claus
.
20.
H.
3.
m.
11.15
,
16.
There
are
sundry
Writs
for
reading
and
observing
the
great
Charter
in
Westmerland
,
and
other
Counties
,
upon
the
Barons
mo●ions
,
who
were
carefull
of
its
inviolable
observation
.
In
the
year
1231.
[
*
](A56189-e22130-b)
*
Mat.
Paris
p.
354
,
355.
on
the
7
of
Feb.
Convenerunt
ad
Colloquium
apud
Westmonasterium
Rex
cum
PRAELATIS
ET
ALIIS
MAGNATIBUS
REGNI
;
ubi
exegit
Rex
Scutagium
de
quolibet
Scuto
tres
Marcas
,
ab
omnibus
qui
Baronias
tenebant
,
tam
Laicis
quam
Praelatis
.
Cui
Ricardus
Cantuariensis
,
&
quidam
Episcopi
cum
eo
audacter
resistentes
,
dixerunt
;
quod
non
tenentur
viri
ecclesiastici
judicio
subjici
Laicorum
,
cum
absque
illis
concestum
fuit
scutagium
in
partibus
transmarinis
.
Tandem
vero
post
multas
tunc
inde
desceptiones
negotium
quantum
ad
Praelatos
reclamantes
pertinebat
,
ad
15
dies
post
Pascha
dilationem
accepit
.
Anno
1232.
[
*
](A56189-e22180-b)
*
Mat.
Paris
,
p.
359.
Mat.
Westm.
p.
133.
Convenerunt
Nonas
Martii
ad
Colloquium
apud
Westmonasterium
,
ad
vocationem
Regis
MAGNATES
ANGLIAE
,
tam
Laici
quam
Praelati
:
quibus
Rex
proposuit
,
quod
magnis
esset
debitis
implicatus
,
causa
bellicae
expeditionis
,
quam
nuper
egerat
in
partibus
transmarinis
,
unde
NECESSITATE
COMPULSUS
,
ab
omnibus
generaliter
auxilium
postulavit
.
Quo
audito
,
Comes
Cestriae
Ranulphus
,
pro
Magnatibus
Regni
loquens
,
respondit
:
Quod
Comites
,
Barones
,
〈◊〉
Milites
,
qui
de
eo
tenebant
in
capite
,
cum
ipso
erant
ibi
cotporaliter
praesentes
,
&
pecuniam
suam
ita
inaniter
effuderunt
,
quod
inde
omnes
pauperes
recesserunt
:
unde
Regi
DE
JURE
AUXILIUM
NON
DEBEBANT
.
Et
sic
petita
licentia
,
Laici
omnes
recesserunt
.
Praelati
vero
Regi
respondentes
dixerunt
,
quod
Episcopi
multi
&
Abbates
qui
vocati
erant
non
fuerunt
praesentes
,
&
sic
petierunt
inducias
,
quousque
AD
DIEM
CERTUM
POSSENT
OMNES
PARITER
CONVENIRE
.
Praefixa
est
itaque
dies
,
a
quindecim
diebus
post
Pascha
,
ut
omnibus
congregatis
tunc
fieret
quod
esset
de
jure
faciendum
.
Both
Lords
and
Prelates
denying
the
Aid
demanded
against
right
,
or
to
doe
ought
when
their
House
was
not
full
,
and
many
Prelates
and
Members
absent
.
[
*
](A56189-e22220-b)
*
Mat.
Paris
,
p.
420
,
421.430
.
Mat.
Westm.
p.
143
,
144.
Anno
1237.
the
21
of
Henry
the
3.
the
King
immediately
after
the
Feast
of
the
Nativity
,
Misit
per
omnes
fines
Angliae
scripta
Regalia
,
praecipiens
omnibus
ad
Regnum
Angliae
spectantibus
,
viz.
Archiepiscopis
,
Espiscopis
,
Abbatibus
et
Prioribus
installatis
,
Comitibus
&
Baronibus
,
(
without
any
Knights
,
Citizens
or
Burgesses
,
not
here
mentioned
)
ut
OMNES
sine
omissione
in
octavis
Epiphaniae
Londoniis
convenirent
,
Regia
negotia
tractaturi
totum
Regnum
contingentia
.
Quod
audientes
Magnates
,
regiis
praeceptis
continuò
paruerunt
,
credentes
se
vel
Imperialia
vel
alia
ardua
negotia
provisuros
.
Venit
igitur
die
Sancti
Hillarii
Londonias
INFINITA
NOBILIUM
MULTITUDO
,
scilicet
,
Regni
totalis
Universitas
.
When
they
were
all
assembled
and
sate
in
the
Kings
palace
at
Westminster
,
William
Kaele
,
in
the
Kings
name
and
behalf
,
demanded
an
ayde
of
money
of
them
to
supply
his
wants
,
to
be
put
into
the
hands
of
such
Treasurers
as
they
should
appoint
,
to
be
disbursed
only
upon
the
necessary
affairs
of
the
Realm
:
which
Speech
they
hearing
,
expecting
no
such
thing
,
were
much
offended
,
and
murmuring
at
it
,
Indignantes
responderunt
,
(
and
have
wee
not
much
more
cause
to
doe
and
say
so
now
?
)
se
undique
&
saepe
,
nunc
vicesima
,
nunc
tricesima
,
nunc
quinquagesima
gravari
promittendo
et
persolvendo
:
Asserentes
,
indignum
nimis
fore
&
injuriosum
,
permittere
Regem
&c.
ut
à
naturalibus
hominibus
suis
,
quasi
à
servis
ultimae
conditionis
,
in
detrimentum
eorum
,
et
alienorum
juvamen
,
tantam
pecuniam
,
tot
toties
,
extorqueret
argumentis
.
Quod
saepius
gravati
,
videbant
alienigenos
suis
bonis
saginati
statumque
regni
prae
paupertate
vacillare
,
et
multiplex
periculum
imminere
.
Comes
vero
Cornubiae
Richardus
,
frater
Regis
,
primus
movit
quaestionum
adversus
Regem
,
increpans
eum
acritor
super
tanta
Regni
per
eum
nata
desolatione
:
Et
quod
de
die
in
diem
adiuventis
novis
causis
cavillatoriis
,
Nobiles
ac
naturales
Barones
suos
,
suis
bonis
spoliavit
et
quaecunque
poterit
obradere
,
inconsultè
hostibus
Regni
distribuit
,
ipsi
Regi
&
regno
insidiantibus
.
Quod
ipse
infinitos
proventus
et
innumerabilem
pecuniam
in
suo
tempore
colligerat
,
nec
erat
in
Anglia
Archiepiscopatus
vel
Episcopatus
praeter
Eboracensem
,
Bathoniensem
et
Wintoniensem
,
qui
non
vacaverit
suo
tempore
.
Similiter
intulit
de
Abbatibus
et
Comitatibus
et
Baroniis
Custodiis
&
aliis
esca●tis
:
nec
tamen
thesaurus
regius
,
qui
deberet
esse
Regni
robur
et
confidentia
senserat
incrementum
.
Quod
cum
Rex
audisset
,
cupiens
murmur
hoc
sedare
generale
,
pollicebatur
sub
jurejurando
,
se
nunquam
amplius
Nobiles
regni
injurando
lacessere
,
vel
molestare
,
dummodo
sibi
ad
praesens
tricesima
pars
mobilium
Angliae
benignè
concessa
,
solveretur
,
&c.
Rex
vero
suorum
cupiens
Baronum
sibi
gratiam
conciliare
,
se
ex
tunc
et
deinceps
,
quicquid
factum
fuerat
antea
,
dedit
se
consiliis
fidelium
ac
naturalium
hominum
suorum
.
Praeterea
,
de
hoc
quod
dicebatur
,
quod
conabatur
ea
quae
concesserat
et
Chartis
confirmaverat
,
per
autenticum
summi
Pontificis
infirmare
:
dicebat
Rex
,
hoc
falsum
esse
,
Et
si
tale
quod
forte
fuerat
suggestum
,
in
irritum
affirmavit
,
seque
talia
penitus
revocare
.
Praeterea
,
sereno
vultu
,
&
spontanea
promisit
voluntate
,
libertates
Magnae
Chartae
suis
fidelibus
Regni
sui
ex
tunc
inviolabiliter
observare
.
Et
quia
videbatur
non
penitus
immunis
à
sententia
quam
tulerat
Arehiepiscopus
Stephanus
,
cum
omnibus
Episcopis
Angliae
in
omnes
violatores
praedictae
CHARTAE
,
quàm
malo
consilio
fretus
,
in
parte
laeserat
;
fecit
in
publico
innovare
sententiam
praetaxatam
,
in
omnes
ejusdem
Chartae
contradictores
:
Sic
,
ut
si
ille
,
per
aliquem
conceptum
rancorem
fortè
eam
non
observaret
,
in
latam
sententiam
gravius
recidivaret
.
Unde
factum
est
,
ut
omnium
corda
haec
audientium
sibi
mirabiliter
in
verbo
illo
conciliavit
.
Whereupon
,
post
multas
desceptationes
,
quia
se
Rex
humilians
promisit
indubitanter
,
se
eorum
ex
tunc
et
deinceps
standum
consiliis
,
they
granted
him
a
30th
part
of
their
movables
upon
certain
limitations
and
conditions
,
to
be
put
into
such
persons
hands
,
and
disbursed
only
as
they
there
prescribed
;
which
yet
were
not
observed
.
[
*
](A56189-e22380-b)
*
Mat:
Paris
,
p.
505.506
.
Mat.
Westm.
An.
1240.
In
the
24.
year
of
Henry
the
3d.
in
the
Octaves
of
Epiphany
,
the
Archbishops
and
Bishops
,
cum
multis
aliis
Magnatibus
,
assembled
at
London
,
the
Popes
Legat
being
also
present
,
reponentes
querimoniam
coram
Rege
&
Curia
sua
,
super
variis
injuriis
et
oppressionibus
,
et
quotidianis
desolationibus
illaris
Ecclesiae
per
iniquum
Regis
consilium
,
contra
suas
Chartas
&
Iuramenta
temere
veniendo
,
&c.
Super
quibus
injuriis
illatis
,
et
diatim
multiplicatis
,
omnes
se
asserunt
vehementer
admirari
,
cum
ipse
Rex
toties
juraverit
,
se
jura
ecclesiastica
illibata
conservare
,
ipsomet
audiente
&
candelam
tenente
,
quod
omnes
Episcopi
in
violatores
libertatum
Ecclesiasticorum
,
simul
sententiam
fulminabant
;
in
cujus
sententiae
consummatione
,
Rex
,
ut
alii
,
suam
candelam
extinxit
inclinando
.
Et
erant
contra
Regem
in
querimoniis
Episcoporum
capitula
circiter
30.
Et
eatenus
processum
est
,
quod
lata
sit
iterum
sententia
terribiliter
nimis
in
omnes
Regis
consiliarios
,
qui
ejus
animum
ad
praedicta
enormia
conabantur
inclinare
.
[
*
](A56189-e22460-b)
*
Mat.
Paris
,
p.
561
,
562
,
563.
Matth.
Westm.
p.
165.
Anno
1242.
the
26
of
King
Henry
the
3d.
Totius
Angliae
Nobilitas
tam
Praelatorum
quam
Comitum
&
Baronum
secundum
Regium
praeceptum
,
est
Londini
congregatum
:
Et
quia
audiverant
▪
quod
Rex
eos
tam
instanter
convocaverat
,
et
toties
eo
modo
cavillatorie
fatigavera●
,
conjurando
,
et
sub
poena
anathematis
firmiter
inter
se
statuerunt
,
ne
aliquis
in
concilio
extorsioni
pecuniari
Regi
faciendae
aliquo
modo
consentiret
,
&c.
Igitur
regi
cordis
sui
propositum
irrevocabile
in
propatulo
exponenti
de
transitu
suo
,
et
vocatione
Comitis
de
Marchia
,
et
argumentose
auxilium
pecuniare
postulanti
;
responderunt
MAGNATES
cum
magna
cordis
amaritudine
;
quod
talia
conceperat
inconsultus
,
et
talia
effrons
impudenter
postularat
,
exagitans
et
depauperans
fideles
suos
tam
frequenter
,
trahens
exactiones
in
consequentiam
quasi
a
servis
ultimae
conditionis
,
et
tantam
pecuniam
tories
extorsit
inutiliter
dispergendam
.
Contradixerunt
igitur
Regi
in
faciem
,
nolentes
amplius
sic
pecunia
sua
frustratorie
spoliari
,
Rex
igitur
,
Romanorum
usus
versutis
fallaciis
,
jussit
ut
in
crastino
expectarent
,
voluntatem
suam
super
hoc
et
aliis
audituri
.
Et
in
crastino
,
vocavit
in
secretam
cameram
suam
singulatim
,
nunc
hunc
,
nunc
illum
,
more
Sacerdotis
poenitentes
vocantis
ad
consessionem
.
Et
sic
,
quos
non
potuit
universos
,
singulos
singulatim
enervatos
suis
sermocinationibus
conabatur
astutius
enervare
:
petensque
ab
eis
auxilium
pecuniare
,
ait
:
Ecce
,
quid
concessit
ille
Abbas
mihi
in
subsidium
:
ecce
quid
alius
,
&
protendens
rotulum
,
in
quo
scriptum
monstravit
,
quid
ille
vel
Abbas
vel
Prior
,
tantum
vel
tantum
promisit
se
daturum
:
cum
tamen
nullus
eorum
assensum
praebuisset
,
vel
ad
notitiam
cordis
,
devenisset
:
Talibus
igitur
falsis
exemplaribus
,
&
verborum
retiaculis
,
quamplurimos
Rex
cautius
intricavit
.
Multi
tamen
steterunt
,
nullo
modo
volentes
recedere
a
communi
responsione
prout
conjuraverant
.
Quibus
Rex
in
ira
respondet
,
Erone
perjurus
?
Juravi
Sacramento
intransgressibili
,
quod
transfretans
jura
mea
in
brachio
extento
a
Rege
Francorum
reposcam
,
quod
sine
copioso
thesauro
,
qui
a
vestra
liberalitate
procedere
habet
,
nequaquam
valeo
.
Nec
tamen
his
vel
aliis
verbis
potuit
aliquos
muscipelare
,
quamvis
,
ut
praedictum
est
,
seorstm
quemlibet
per
se
conveniendum
vocavit
.
Iterum
,
autem
vocavit
aliquot
simul
sibi
familiariores
,
&
affatus
eos
,
ait
:
Quid
perniciosum
exemplum
aliis
praebetis
?
Vos
qui
Comites
et
Barones
et
strenui
Milites
estis
,
non
deberetis
,
et
si
alii
timeant
,
scilicet
Praelati
ecclesiae
,
trepidare
,
Avidiores
caeteris
esse
deberetis
Jura
Regni
reposcere
,
et
contra
injuriantes
Martia
certamina
potenter
experiri
.
Nostram
partem
solidare
et
consolari
tenetur
jus
nostrum
quod
habemus
,
Magnatum
vocatio
cum
certa
promissione
,
exemplum
de
Wallia
,
quod
solet
praeterita
futuris
prospere
continuare
,
ubi
nuper
foeliciter
triumphavimus
.
Et
qua
fronte
poteritis
me
Dominum
vestrum
,
ad
tam
arduum
negotium
Reipublicae
procinctum
,
relinquere
pauperem
&
desolatum
,
cum
tenear
promissa
de
transitu
meo
adimplere
,
jurejurando
strictius
obligatus
?
Et
cum
ad
notitiam
Universitatis
perveniret
,
responderunt
:
Supra
id
quod
dici
potest
admiramur
,
in
qua
abyssum
submersae
sunt
innumerabiles
pecuniae
,
quas
a
diversis
Magnatum
custodiis
,
variis
escaetis
,
crebris
extorsionibus
,
tam
ab
Ecclesiiis
pastore
viduatis
,
quam
Nobilium
terris
,
praeconsis
donativis
,
stuporem
in
cordibus
audientium
generantibus
,
Domine
Rex
emunxisti
,
quae
nunquam
regno
vel
modicum
contulerunt
incrementum
.
Praeterea
,
nuper
Legatos
quosdam
,
vel
Legatorum
fungentes
officiis
,
in
hoc
Regnum
advocasti
,
qui
quasi
racemos
post
vindemiantea
sibi
reliquias
residuae
pecuniae
colligerunt
.
Caeterum
,
nimis
admirantur
MAGNATES
ANGLIAE
UNIVERSI
,
quod
sine
eorum
consilio
&
assensu
eam
arduum
tam
periculosum
negotium
es
aggressus
,
fidem
adhibens
fidem
carentibus
.
Spretoque
naturalium
tuorum
favore
,
exponis
te
tam
ancipitis
fortunae
casibus
.
Treugarum
foedus
,
inter
Regem
Francorum
&
tu
in
anima
tua
captarum
et
juratarum
,
indissolubiliter
et
inviolabiliter
usque
ad
terminum
observandarum
,
quem
ex
parte
tua
praefixerant
praeclari
viri
Comes
Richardus
frater
tuus
,
&
Comes
R.
Bigod
,
inhoneste
&
impudenter
,
non
sine
periculo
animae
tuae
,
&
famae
laesione
disrumpis
.
Adhibuistis
praesentiam
tui
corporis
notabilibus
ipsis
Magnatibus
ultra
Marinis
,
contra
dominum
suum
,
Regem
videlicet
Francorum
,
calcaneum
levantibus
eo
ipso
nulla
fides
est
adhibenda
,
u●pote
de
multiplici
proditione
notabilibus
.
His
Rex
auditis
,
in
iram
excanduit
vehementem
,
jurans
cum
Sanctorum
artestatione
,
quod
nullo
revocaretur
terrore
,
nullis
verborum
ambagibus
circumventus
,
ab
incoepto
proposito
retardaretur
,
quin
in
octavis
Paschae
naves
ascendens
,
fortunam
belli
in
partibus
transmarinis
contra
Francos
imperterritus
experiretur
.
Et
sic
solutum
est
concilium
,
utrobique
reposita
,
vel
occulta
mentis
indignatione
.
Postea
vero
,
ne
oblivio
tenorem
responsionis
Baronum
deleret
,
in
scriptum
taliter
haec
redacta
.
Cum
dominus
Eboracensis
Archiepiscopus
,
et
omnes
Episcopi
Angliae
,
Abbates
&
Priores
per
se
,
vel
per
Procuratores
suos
,
necnon
&
OMNES
COMITES
,
&
fere
OMNES
BARONES
ANGLIAE
,
ad
mandatum
domini
Regis
convenissent
apud
Westmonasterium
die
Martis
proxima
ante
Purificationem
beatae
Mariae
,
Anno
Dom.
1242.
Regni
Henrici
3.
Regis
26.
audituri
Domini
Regis
voluntatem
et
negocium
,
pro
quo
ipsos
mandaverat
.
Et
idem
Dominus
,
Rex
transmittens
ad
eosdem
dictum
dominum
Eboracensem
,
et
nobilem
virum
dominum
Comitem
Richarduum
,
et
dominum
W.
de
Eboraco
,
Praepositum
de
Beverlaco
,
super
voluntate
Domini
regis
in
negociis
suis
,
scilicet
eisdem
expositis
per
eosdem
solennes
nuncios
;
omnes
Magnates
de
regno
suo
rogasset
de
consilio
ei
dando
,
et
auxilio
faciendo
,
ad
haereditatem
suam
&
jura
sua
perquirenda
,
in
partibus
transmirinis
,
quae
spectabant
ad
Regnum
suum
Angliae
:
tandem
,
dicti
Episcopi
,
Abbates
&
Priores
,
Comites
&
Barones
,
magno
inter
eos
tractatu
praehabito
,
inprimis
Domino
Regi
per
praedictos
Magnates
dederunt
consilium
,
videlicet
.
Quod
Dominus
ipse
Rex
expectaret
finem
Treugarum
inter
eum
et
Regem
Franciae
initarum
.
Et
si
forte
idem
Rex
Franciae
contra
formam
earundem
treugarum
aliquas
fecisset
interprisas
,
tunc
dictus
Rex
Angliae
mitteret
ad
eum
solennes
nuncios
,
ad
rogandum
,
monendum
et
inducendum
ipsum
Regem
Franciae
,
ut
treugas
initas
teneret
,
et
interprisas
emendaret
,
si
quae
per
ipsum
,
vel
per
suos
factae
essent
.
Quod
si
Rex
Franciae
,
facere
contradiceret
,
libenter
ad
hoc
consilium
apponerent
,
pro
posse
suo
de
auxiliis
ei
dando
.
Omnes
ita
unanimiter
responderunt
.
Similiter
,
postquam
fuerat
Dominus
eorum
,
multo●ies
ad
instantiam
suam
ei
auxilium
dederunt
,
Videlicet
,
tertiam
decimam
mobilium
suorum
,
et
postea
quintam
decimam
,
et
sextam
decimam
,
et
quadragesimam
,
Carucagium
,
Hydagium
et
plura
Scutagia
,
et
postea
unum
magnum
Scutagium
ad
sororem
suam
Imperatricem
maritandam
.
Postea
vero
nondum
quatuor
annis
elapsis
,
petit
ab
eis
iterum
auxilium
,
et
tandem
cum
magna
precum
instantia
obtinuit
tricessimam
,
quam
ei
concesserunt
,
tali
scilicet
conditione
,
quodilla
exactio
,
vel
aliae
precedentes
,
amplius
non
traherentur
in
consequentiam
.
Et
inde
fecit
eis
Chartam
suam
.
Et
praeterea
concessi●
eis
tun
▪
Quod
omnes
Libertates
contentae
in
Magna
Charta
,
ex
tunc
in
antea
plenius
tenerentur
per
totum
regnum
suum
&
inde
fecit
eis
quandam
parvam
Chartam
suam
,
quam
adhunc
habent
,
in
qua
eaedem
continentur
.
Praeterea
Dominus
Rex
concessit
eis
de
voluntate
sua
,
et
de
consilio
torius
Barnagii
sui
,
quod
tota
p●cunia
ex
dicta
tricesima
proveniens
,
salva
deponeretur
in
Castris
Domini
Regis
sub
Custodia
quatuor
Magnatum
Angliae
,
scilicet
Comitis
Warranniae
▪
et
aliorum
,
per
quorum
visum
et
consilium
pecunia
illa
expenderetur
ad
dicti
Regis
&
Regni
utilitatem
,
cum
necesse
esset
.
Et
quia
Barnagium
nescit
,
nec
aud●
it
quod
de
dicta
pecunia
per
visum
vel
consilium
alicujus
quatuor
Magnatum
praedictorum
aliquid
expendatur
,
credunt
firmiter
,
&
bene
intelligunt
,
quod
Dominus
Rex
adhuc
totam
habet
illam
pecuniam
integram
,
de
qua
nunc
potest
magnum
habere
auxilium
.
Praeteria
bene
sciunt
,
quod
post
tempus
illud
tot
habuit
escaetas
,
scilicet
Archiepiscopatum
Cantuariensem
,
&
plures
Episcopatus
Angliae
ditiores
,
&
terras
Comitum
&
Baronum
,
&
militium
de
eo
tenentium
defunctorum
,
quod
solummodo
de
illis
escaetis
debet
ipse
habere
grandem
pecuniae
summam
,
si
bene
custodiatur
.
Praeterea
a
tempore
dictae
tricessimae
datae
non
cessaverant
Justitiarii
itinerantes
,
itinerare
per
omnes
partes
Angliae
,
tam
de
placitis
forestae
,
quam
de
omnibus
aliis
placitis
,
ita
quod
omnes
Comitatus
Angliae
,
&
omnia
Hundreda
,
Civitates
&
Burgi
,
&
fere
omnes
villae
graviter
amerciantur
.
Unde
solummodo
de
illo
itinere
,
habet
Dominus
Rex
,
vel
habere
debuit
,
maximam
summam
pecuniae
,
si
persolvatur
,
&
bene
colligatur
.
Unde
bene
dicunt
,
quod
per
illa
amerciamenta
,
&
per
alia
auxilia
prius
data
,
omnes
de
Regno
ita
gravan●ur
&
depauperantur
,
quod
parum
aut
nihil
habent
in
bonis
,
(
and
may
not
we
now
more
truly
say
so
,
after
so
many
years
uncessant
importable
Taxes
,
Excizes
,
Impositions
,
Contributions
,
Exactions
of
all
kinds
,
without
any
interruption
,
in
far
greater
proportions
than
these
amount
to
,
and
all
sequestrations
,
sales
of
Delinquents
,
and
others
estates
,
not
known
in
that
age
)
Et
quia
Dominus
Rex
,
nunquam
post
tricessimam
datam
(
nor
our
present
Rulers
after
all
their
Protestations
,
Declarations
,
Remonstrances
,
Votes
,
Leagues
and
Covenants
to
preserve
our
Laws
,
Liberties
,
Properties
,
Great
Charters
,
and
the
Petition
of
Right
,
and
all
our
contributions
,
Excises
,
Loans
or
publike
faith
,
&c.
)
Cartam
suam
de
libertatibus
tenuit
,
imo
plus
solito
postea
gravavit
(
as
now
)
&
per
aliam
Cartam
eis
concer●am
,
quod
Exactiones
hujusmodi
non
traherentur
in
consequentiam
;
responderunt
eidem
Domino
Regi
praecise
.
Quod
nullum
ad
praesens
ei
facerent
auxilium
.
A
fit
answer
for
all
our
Nobles
and
Commons
in
this
age
,
"
after
so
many
years
Taxes
,
Imposts
,
Excises
,
far
heavier
than
any
complained
of
in
that
age
.
Veruntamen
quia
Dominus
eorum
est
,
sic
se
gerere
poterit
erga
eos
usque
ad
finem
dictarum
treugarum
,
quod
tunc
bonum
apponent
consilium
pro
posse
suo
.
Et
cum
dicti
Magnates
Nuncii
,
ipso
Domino
Regi
nunciassent
Responsum
,
redeuntes
ad
Barnagium
,
dixerunt
,
quod
in
parte
sufficiens
Domino
Regi
dederunt
responsum
.
I
have
transcribed
these
memorable
passages
of
this
Parliament
out
of
Matthew
Paris
thus
largely
in
his
own
words
,
for
sundry
reasons
pertinent
to
my
Theam
.
1.
To
prove
,
that
the
Archbishops
,
Bishops
,
Abbots
,
Peers
,
Earls
,
Barons
Lords
,
were
the
only
Members
of
this
,
all
the
former
,
and
most
other
succeeding
Parliaments
in
Henry
the
3
his
reign
,
this
Historian
,
(
who
is
most
exact
)
making
mention
of
them
only
,
both
in
the
summons
to
their
debates
in
Parliament
,
and
this
their
Remonstrance
in
Parliament
,
even
in
this
case
of
ayds
demanded
,
and
not
of
any
Knights
,
Citizens
,
or
Burgesses
elected
by
the
people
,
of
which
there
is
not
one
syllable
.
2.
To
manifest
,
that
the
Earls
,
Lords
,
and
Barons
of
the
Realm
,
have
most
unanimously
,
resolutely
,
magnanimously
opposed
our
Kings
in
Parliaments
in
their
unjust
designs
,
and
in
Ayds
,
Taxes
demanded
,
and
earnestly
begged
,
importuned
from
them
without
any
effect
,
resisting
our
Kings
therin
to
their
faces
,
and
withstanding
all
their
wiles
,
pollicies
,
King-crafts
,
and
private
sollicitations
perswasions
to
enervate
their
resolutions
,
and
lay
unnecessary
burthens
on
the
people
,
which
some
other
subsequent
Presidents
will
further
ratifie
.
3.
That
they
were
the
Granters
of
all
publike
Ayds
to
the
King
,
which
they
granted
very
rarely
,
and
that
upon
extraordinary
pressing
occasions
,
especially
in
case
of
forrain
wars
,
though
to
recover
the
antient
Rights
and
Dominions
of
the
Crown
,
and
that
in
very
small
moderate
proportions
,
with
special
provisoes
,
how
they
should
be
imployed
,
and
that
they
should
not
be
hereafter
drawn
into
consequence
,
which
other
Presidents
will
further
evidence
.
4.
That
they
were
very
vigilant
,
active
,
zealous
in
complaning
against
,
examining
all
violations
of
the
Great
Charters
of
their
liberties
by
the
King
and
his
Officers
:
and
reconfirming
them
by
new
promulgations
,
Oaths
proclamations
,
excommunications
,
refusing
to
grant
any
Ayds
till
this
were
effectually
done
,
or
promised
by
our
Kings
:
which
the
subsequent
examples
will
further
clear
.
5.
That
no
wars
ought
to
be
made
nor
truces
violated
but
by
their
Council
and
advice
:
and
that
they
deemed
Truces
sworn
even
to
forain
Enemies
most
sacred
,
indissoluble
,
inviolable
,
and
the
violation
of
them
most
dishonest
,
impudent
,
perilous
to
souls
,
and
hurtfull
to
the
reputation
even
of
Kings
themselves
:
much
more
then
must
Oaths
,
Leagues
,
and
solemn
sworn
Covenants
of
Subjects
to
their
natural
Kings
,
and
Kings
to
their
Subjects
be
inviolable
,
indissoluble
,
and
the
violation
of
them
most
dishonest
,
shamefull
,
perfidious
,
perillous
,
hurtful
to
mens
Souls
and
reputations
;
and
that
no
faith
or
trust
is
to
be
given
to
perfidious
Traitors
,
Nobles
,
against
their
natural
King
.
Anno
Dom.
1238.
King
Henry
being
wholly
counselled
by
Foreiners
,
marying
the
Nobles
of
the
Realm
to
them
,
neglecting
his
natural
subjects
,
&
misgoverning
the
Realm
;
thereupon
Earl
Richard
his
Brother
,
and
the
rest
of
the
Nobles
publikely
reprehended
and
opposed
him
.
Which
Mat.
Paris
thus
relates
.
Comes
Richardus
cum
hoc
audisset
matrimonium
clandestinum
,
eo
scilicet
nesciente
,
Cum
autem
audisset
Legatus
hos
sermones
,
Regem
adiit
,
una
cum
Episcopo
Wintoniensi
P.
monens
et
muniens
,
ut
se
ex
tunc
voluntati
suorum
,
juste
in
eum
insurgentium
subderet
,
et
obtemperaret
,
nunc
minis
,
nunc
monitis
,
nunc
precibus
eundem
reformantes
.
Rex
videns
impetus
suos
favoribus
caruisse
,
et
omnes
fatri
suo
Comiti
R.
in●linantes
,
quaesivit
quae
potuit
diverticula
,
inducias
deliberandi
postulando
,
ut
competentius
responderet
.
Indueiae
igitur
ad
instantiam
petentium
concessae
sunt
Regi
,
licet
cum
difficultate
,
usque
in
crastinum
Dominicae
primae
quadragessimae
.
Convenerunt
igitur
Magnates
die
statuto
Londini
,
super
his
diligenter
tractaturi
.
Et
venerunt
multi
aequis
et
armis
communiti
,
ut
si
Rex
circumventus
per
levitatem
recalcitraret
ad
praemissa
complenda
cogeretur
.
Ibi
igitur
post
multas
multorum
deceptationes
,
se
subjecit
Rex
quorundam
provisioni
de
gravioribus
viris
,
jurans
se
eorum
provisionis
adquiescere
.
Quod
et
factum
est
,
et
in
scripta
redactum
,
et
appensa
sunt
tam
Legati
quam
aliorum
Magnatum
Sigilla
,
omnibus
in
communi
manifestanda
.
So
in
the
Parliament
held
by
King
Henry
,
Anno
1242
,
and
1248.
The
Archbishops
,
Bishops
,
Priors
,
Earls
,
Barons
and
Gentlemen
assembled
to
it
,
in
like
manner
boldly
and
joyntly
reprehended
the
King
for
favouring
Aliens
,
wasting
his
money
upon
them
,
following
their
advice
,
and
oppressing
,
neglecting
,
impoverishing
,
exhausting
,
his
Natural
Subjects
,
as
you
may
read
at
large
in
Mat.
Paris
,
p.
560
,
561
,
562
,
719.
overlarge
to
transcribe
.
[
*
](A56189-e23070-b)
*
Mat.
Paris
p.
567
,
The
same
year
the
king
rashly
commanded
that
Wil.
de
Ros
,
(
who
deserted
him
in
his
wars
in
France
,
out
of
meer
want
of
monies
,
offering
to
pawn
his
lands
to
the
King
,
if
he
would
supply
his
necessities
,
which
he
refused
to
doe
)
de
terris
fuis
licet
sine
judicio
parium
suorum
disseiseretur
.
Quod
videbatur
cunctis
INJUSTUM
ET
TYRANNUM
.
Whereupon
he
was
sharply
reprehended
by
his
Brother
Earl
Richard
;
who
with
other
Nobles
left
him
in
discontent
upon
this
occasion
,
and
returned
into
England
.
[
*
](A56189-e23140-b)
*
Mat●
Paris
,
p.
619
,
620
,
621
,
624.
King
Henry
the
3.
Anno
1244.
the
28
year
of
his
reign
,
summoned
a
Parliament
of
the
Nobles
at
London
,
thus
recorded
by
Matthew
Paris
.
Convenerunt
Regia
submonitione
convocati
Londinum
MAGNATES
TOTIUS
REGNI
,
Archiepiscopi
,
Episcopi
,
Abbates
,
Priores
,
Comites
&
Barones
:
in
quo
Concilio
petiit
Rex
ore
proprio
,
in
praesentia
Magnatum
in
refectorio
Westmonasteriensi
auxilium
sibi
fieri
pecuniare
,
sub
silentio
praeteriens
propositum
suum
de
Rege
Scotiae
potentur
impugnando
.
In
propatulo
tamen
manifestans
,
quod
anno
transacto
transfretaverat
in
Gasconiam
de
consilio
eorum
,
ut
dicebat
,
ubi
tenebatur
aeris
alieni
non
modica
quantitate
,
nec
potuit
nisi
efficacissimè
sibi
ab
illis
generaliter
subveniretur
,
liberari
.
Cui
fuit
responsum
,
quod
super
hoc
tractarent
Recedentesque
Magnates
de
refectorio
,
●onvenerunt
Archiepiscopi
&
Episcopi
,
Abbate
,
&
Priores
seorsum
per
se
,
super
hoc
diligenter
tractaturi
.
Tandem
requisiti
fuerunt
ex
parte
eorum
Comites
&
Barones
,
si
velient
suis
consiliis
unanimiter
consentire
in
responsione
&
provisione
super
his
facienda
.
Qui
responderunt
,
quod
sine
communi
universitate
nihil
facerent
.
Tunc
de
communi
assensu
electi
fuerunt
ex
parte
Cleri
,
electus
Cantuariensis
,
Wintoniensis
,
Lincolniensis
,
&
Wigorniensis
Episcopi
,
ex
parte
Laicorum
,
Richardus
Comes
,
frater
Domini
Regis
Comes
Bigod
,
Comes
Legriae
Simon
de
Montefor●i
,
&
Comes
Mareschallus
W.
ex
partibus
Baronum
,
Richardus
de
Muntsichet
,
&
Johannes
de
Bailliol
,
&
de
sancto
Edmundo
,
et
de
Ramesia
Abbates
,
ut
quod
isti
duodecim
providerent
in
commune
recitaretur
,
nec
aliqua
forma
Domino
Regi
ostendaretur
auctoritate
duodecim
,
nisi
omnium
communis
assensus
interveneret
,
Et
quia
Charta
libertatum
,
quas
Dominus
Rex
olim
concesserat
,
&
pro
cujus
conservatione
Archiepiscopus
Cantuariensis
Edmundus
juraverat
,
fide
jusserat
&
certissime
pro
Rege
promiserat
,
nondum
extitit
observata
,
&
auxilia
quae
toties
concessa
fuerunt
Domino
Regi
ad
nullum
profectum
Regis
vel
regni
devenerant
.
Et
per
defectum
Cancellarii
Brevia
contra
justitiam
pluries
fuerunt
concessa
,
petitum
fuit
,
&
secundum
quod
eligerent
,
Justiciarius
&
Cancellarius
fierent
,
per
quod
statum
Regni
solidaretur
,
ut
solebat
.
Et
ne
per
compulsionem
Concilii
aliquod
novum
statuere
videretur
,
noluit
(
Rex
)
petitioni
Magnatum
consentire
;
sed
promisit
,
se
●mendaturum
quae
ex
eorum
parte
audierat
,
unde
datus
fuit
terminus
eis
usque
in
tres
septimanas
Purificationis
beatae
Virginis
,
ut
ibidem
iterum
tunc
eonvenireot
.
Quod
si
mera
voluntate
Rex
interim
tales
Consiliarios
eligeret
,
&
taliter
jura
regni
tractaret
,
quod
Magnates
contenti
essent
ad
terminum
illum
super
auxilio
faciendo
,
responsuri
providerent
,
ita
tamen
quod
si
aliqua
pecunia
eidem
concederetur
,
per
dictos
duodecim
expenderetur
ad
commodum
Regni
.
Et
cum
per
plures
dies
protraheret
eos
Dominus
Rex
,
volens
eos
quasi
tedio
affectos
flectere
ad
consensum
,
ut
sine
termini
prorogatione
ad
auxilium
contribuendum
consentirent
,
multipliciter
convenit
eos
nec
circumvenit
,
quia
Magnates
hoc
prudenter
perpendentes
IMMOBILITER
IN
PROPOSITO
PERSTITERUNT
.
Tunc
Dominus
Rex
demum
sperans
sal●m
Clerum
ad
desiderium
suum
inclinare
,
convocatis
Praelatis
,
porrexit
illis
Papales
apices
in
publico
,
(
recorded
at
large
by
Matthew
Paris
)
commanding
and
perswading
the
Prelates
,
Abbots
and
Clergy
to
supply
the
Kings
necessities
,
and
grant
him
an
aid
,
with
particular
Letters
to
all
the
Prelates
from
the
Pope
to
the
like
effect
.
The
Prelates
notwithstanding
all
the
Kings
private
sollicitations
and
policies
,
refused
to
return
any
answer
to
the
Popes
Letters
,
till
the
time
of
the
Lords
reassembling
or
to
do
any
thing
but
by
Common
Counsel
and
consent
of
the
whole
Parliament
,
from
which
they
would
not
be
divided
,
as
you
may
there
read
at
large
.
The
Nobles
and
Great
men
meeting
again
at
the
time
prefixed
agree
on
these
ensuing
Provisoes
,
after
long
debate
,
which
they
tendred
to
the
King
for
his
assent
,
denying
to
grant
him
any
aid
of
mony
,
unless
he
consented
to
them
.
De
libertatibus
alia
vice
emptis
,
concessis
,
&
per
chartam
Domini
Regis
confirmatis
,
quod
de
caetero
observentur
.
Ad
cujus
rei
majorem
securitatem
,
fiat
nova
charta
quae
super
haec
specialem
faciet
mentionem
.
Et
ab
omnibus
Praelatis
solenniter
excommunicentur
,
qui
scienter
&
prudenter
libertates
a
Domino
Rege
concessas
,
vel
impugnare
vel
impedire
,
quo
minus
observentur
,
praesumpserint
,
&
reformetur
status
eorum
,
qui
post
ultimam
concessionem
in
libertatibus
suis
laesionem
incurrerunt
.
Et
quia
propter
virtutem
sacramenti
praestiti
,
nec
non
propter
timorem
sententiae
latae
a
sancto
viro
Edmundo
,
quod
ea
vice
promissum
fuerat
,
hactenus
non
exstitit
observatum
,
ne
hujusmodi
periculum
de
caetero
eveniat
,
&
sic
fiant
novissima
pejora
prioribus
de
communi
assensu
quatuor
eligantur
Potentes
et
Nobiles
de
Discretioribus
totius
regni
,
qui
sint
de
Concilio
Domini
Regis
,
et
jurati
,
quod
negotia
Domini
Regis
et
Regni
fidelitur
tractabunt
,
et
sine
acceptione
personarum
,
omnibus
Justitiam
exhibebunt
.
Hi
sequentur
Dominum
Regem
,
&
si
non
omnes
,
semper
duo
eorum
ad
minus
praesentes
sint
,
ut
audiant
querimonias
singulorum
,
ut
patientibus
injuriam
celeriter
possint
subvenire
.
Per
visum
&
testimonium
eorum
tractetur
Thesaurus
Domini
Regis
,
&
pecunia
ab
Universis
specialiter
concessa
,
et
ad
commodum
Regis
et
Regni
expendatur
,
secundum
quod
melius
et
utilius
viderint
expedire
,
Et
erunt
Libertatum
Conservatores
.
Et
sicut
de
omnium
assensu
eliguntur
;
sic
etiam
sine
communi
assensu
non
poterit
aliquis
eorum
amoveri
,
aut
suo
officio
privari
.
Vno
etiam
sublato
è
medi●
,
de
assensu
et
electione
trium
,
loco
illius
alius
substituatur
infra
duos
menses
.
Nec
sine
ipsis
,
sed
cum
necesse
fuerit
,
et
ad
eorum
instantiam
,
iterum
conveniant
Universi
.
Brevia
contra
Regem
&
consuceudinem
Regni
impetrata
,
penitus
revocentur
et
aboleantur
.
Memorandum
quoque
de
sententia
ferenda
in
contradictores
.
Item
,
de
obligatione
Sacramenti
in
invicem
.
Item
,
de
Itinere
Justiciariorum
,
Justitiarius
&
Cancellarius
ab
omnibus
elegantur
.
Et
quia
frequenter
debent
esse
cum
Domino
rege
,
poterint
esse
de
numero
conservatorum
.
Et
si
aliqua
interveniente
occasione
Dominus
Rex
abstulerit
sigillum
suum
à
Cancellario
,
quicquid
fuerit
interim
sigillatum
,
irritum
habeatur
et
inane
.
Deinde
Cancellario
fiat
restitutio
.
Nullus
substituatur
Cancellarius
,
vel
Justitiarius
,
nisi
solummodo
per
solennem
et
universalem
omnem
Convocationem
,
et
liberum
assensum
.
Duo
Justiciarii
eligantur
in
Banco
.
Duo
itidem
Barones
in
Scaccario
constituantur
.
Unus
quoque
ad
minus
Justiciarius
Judaeorum
deputatur
.
Hac
vice
autem
per
communem
universalem
liberamque
omnium
electionem
fiant
et
constituantur
omnes
Officiarii
praedicti
:
ut
quemadmodum
omnium
negotia
sunt
tractaturi
,
sic
etiam
in
eorum
electione
concurrat
assensus
singulorum
.
Et
postmodum
cum
necesse
fuerit
alius
loco
alicujus
ipsorum
praedictorum
substitui
aut
subrogari
,
per
provisionem
et
auctoritatem
quatuor
illorum
Consiliatorum
praedictorum
fiat
illa
substitutio
vel
subrogatio
.
Hactenus
suspecti
,
aut
minus
necessarii
à
latere
Domini
Regis
amoveantur
.
Et
dum
hujusmodi
negotia
utilia
nimis
Reipublicae
in
spacio
trium
hebdomadarum
diligenter
pertractassent
Magnates
,
hostis
humani
generis
,
pacis
perturbator
,
et
Schismatum
suscitator
Diabolus
,
haec
omnia
per
Papalem
avaritiam
impedivit
,
&c.
Postea
renovata
fuit
petitio
Domini
Regis
,
super
auxilio
pecuniari
sibi
faciendo
.
Circa
quod
de
die
in
diem
convenit
eos
Dominus
Rex
,
tum
in
propria
persona
,
tum
per
internuncios
solennes
;
per
quos
promisit
,
se
Libertates
quas
juraverat
in
Coronatione
sua
,
super
quibus
CHARTAM
confecerat
integerrime
servaturum
.
Ad
quorum
etiam
tuitionem
,
rogavit
ut
singuli
Episcopi
in
Diocaesibus
suis
sententiam
fer●ent
in
ipsum
,
et
omnes
qui
contra
memoratas
Libertates
venirent
in
aliquo
articulo
.
Tandem
unanimiter
,
cum
nullo
modo
ad
alium
formam
possent
flecti
,
concesserunt
Domino
Regi
ad
maritandam
filiam
suam
primogenitam
,
de
omnibus
qui
tenent
de
Domino
Rege
in
capite
,
de
singulis
scutis
viginti
solidos
solvendos
,
scilicet
,
medietatem
ad
Pascha
,
et
aliam
ad
festum
S.
Michaelis
.
Et
cum
relatum
esset
Domino
Regi
,
ut
ad
memoriam
haec
quam
praeterita
reduceret
,
recordatum
est
ei
,
quod
similia
à
suis
fidelibus
,
quos
fovere
debuit
,
non
depauperare
truculenter
et
sine
solutione
promissorum
,
eisdem
extorserat
.
Post
captionem
Bedefordiae
statim
concessum
est
Carucagium
,
de
tota
Anglia
,
scilicet
,
de
qualibet
caruca
duo
solidi
Anno
sequenti
,
Quintadecima
omnium
mobilium
.
Iterum
,
iturus
in
Britanniam
cepit
non
modicam
pecuniam
à
Praelatis
etiam
&
viris
Religiosis
,
Burgensibus
&
Judaeis
.
Post
reditum
suum
de
Britannia
,
cepit
Scutagium
,
scilicet
de
Scuto
tres
marcas
.
Item
postea
concessa
fuit
Quadragesima
pars
omnium
mobilium
.
Item
postea
Trigesima
pars
omnium
mobilium
.
Item
quando
maritavit
sororem
suam
Isabellam
domino
Imperatori
Frederico
,
cepit
dominus
Rex
ad
maritagium
suum
Carucagium
,
videlicet
,
de
qualibet
Caruca
duas
marcas
.
In
nativitate
autem
filii
sui
,
in
magnum
dedecus
sui
,
multa
munera
quae
ad
magnam
summam
pecuniae
ascenderunt
,
violenter
&
impudenter
extorsit
.
Item
iturus
in
Gasconiam
,
cepit
à
Praelatis
,
viris
Religiosis
,
Burgensibus
&
Judaeis
,
et
à
quibuscunque
potuit
aliquid
abradere
,
pecuniam
multam
,
imo
penè
infinitam
.
Rediens
autem
à
Gasconia
inglorius
&
seductus
,
jussit
ut
Magnates
et
Praelati
ipsi
occur●erente
etiam
usque
ad
mare
;
qui
ibidem
illum
diu
expectantes
frustra
,
tandem
ipsum
in
muneribus
multis
et
impreciabilibus
exceperunt
.
Similiter
et
cives
Londinenses
&
alii
.
Et
qui
munera
nobilia
compertus
est
non
contulisse
,
aliquo
argumento
redargutus
,
damnificabatur
.
Qualiter
autem
pro
hac
praesenti
contributione
et
omnibus
aliis
promissa
et
pacta
adimplebat
Rex
,
noverit
ille
qui
nihil
ignorat
.
Thus
bold
,
resolute
,
plain
dealing
were
the
Earls
and
Barons
with
the
King
in
this
Parliament
;
all
whose
Ayds
and
Exactions
here
enumerated
in
28.
years
space
,
are
not
comparable
to
one
years
Excises
,
Imposts
,
Contributions
,
under
the
pretended
new
Conservators
,
Protectors
of
our
Liberties
,
and
deliverers
of
us
from
our
former
Petty
Taxes
of
Shipmony
and
Knighthood
,
scarce
amounting
to
one
Moneths
contribution
.
[
*
](A56189-e23600-b)
*
Mat.
Paris
,
p.
631.
The
same
year
(
1244.
)
in
Crastino
Omnium
animarum
,
convenientes
Magnates
Angliae
,
Rex
cum
instantissimè
ne
dicam
impudentissimè
,
auxilium
pecuniare
ab
eis
,
iterum
postularet
,
toties
lasi
et
illusi
,
CONTRADIXERUNT
EI
UNANIMITER
ET
UNO
ORE
IN
FACIE
.
Proponebat
enim
Dominus
Rex
contra
Wallenses
exercitum
ducere
represuros
,
&c.
[
†
](A56189-e23650-b)
†
Mat.
Paris
,
p.
718
,
719.
Mat.
West
.
Anno
1248.
p.
227.233
.
In
the
32.
year
of
his
reign
;
In
octaxis
Purificationis
,
edicto
Regio
convocata
totius
Angliae
Nobilitas
convenit
Londoniis
,
ut
de
Regni
negociis
nimis
perturbati
,
et
depauperati
,
et
temporibus
nostris
enormiter
mutilati
,
diligenter
et
efficaciter
cum
Domino
Rege
contrectaret
,
&c.
Et
cum
proposuisset
Dominus
Rex
,
pecuniare
auxilium
postulare
,
redargutus
est
graviter
super
hoc
,
quod
non
erubescebat
tunc
tale
juvamen
&
auxilium
exigere
:
praesertim
quia
quando
in
ultima
tali
exactione
,
cui
Nobiles
Angliae
vix
consenserunt
,
confecit
Chartam
suam
,
quod
amplius
talem
non
faceret
Magnatibus
suis
injuriam
et
gravamen
.
Repraehensus
est
etiam
gravissime
,
super
indiscreta
alienigenarum
vocatione
,
&c.
And
for
all
orher
his
misdemeanours
there
specified
at
large
.
Haec
cum
audisset
Dominus
Rex
,
confusus
in
semetipso
erubuit
,
sciens
haec
omnia
esse
verissima
.
Promisit
ergo
verissime
ac
certissime
se
haec
omnia
gratanter
emendaturum
,
sperans
per
talem
humilitatem
,
licet
fictam
,
omnium
corda
postulationi
suae
promptius
incurvare
.
Cui
inito
consilio
crebrius
in
talibus
promissis
universitas
irretita
,
respondit
:
Hoc
videbitur
,
et
infra
breve
tempus
apparebit
manifeste
:
Expectabimus
patienter
,
et
prout
se
gerit
Dominus
Rex
,
et
se
habebit
versus
nos
,
et
nos
ei
in
omnibus
obtemperabimus
,
Dilata
igitur
sunt
omnia
et
in
respectu
posita
,
usque
ad
quindenam
Sancti
Johannis
Baptistae
.
Sed
Dominus
Rex
interim
vel
suo
Spiritu
,
vel
aulicorum
suorum
,
qui
nollent
suam
enervari
potestatem
,
induratus
,
&
contra
suos
homines
magis
exaspetatus
,
minimum
emendationis
in
praedictis
excessibus
,
fidelibus
suis
,
secundum
quod
promisi●
,
curavit
impendere
.
Whereupon
they
would
grant
him
no
aid
at
all
.
When
he
could
not
move
the
Nobles
all
assembled
together
;
[
†
](A56189-e23700-b)
†
Mat.
Paris
p.
732.
Mat.
Westm.
p.
233
,
234.
the
next
year
he
sent
begging
Letters
to
every
one
of
the
Nobles
apart
for
ayd
,
nor
as
a
duty
,
but
meer
gratuity
to
carry
on
his
wars
against
the
King
of
France
,
sed
nihil
ex
inde
à
circumspectis
nisi
derisum
et
sibilum
suscitavit
.
[
*
](A56189-e23740-b)
*
Mat.
Paris
p.
821
,
to
828.
Mat.
Westm.
p.
252.
King
Henry
,
Anno
1252.
the
35.
year
of
his
reign
,
assembled
all
the
Prelates
to
London
,
and
demanded
of
them
a
Tenth
for
8.
years
granted
him
by
the
Pope
;
which
they
refused
to
grant
,
taxing
him
for
oppressing
his
Realm
and
rhe
Church
with
various
and
innumerable
exactions
,
and
depriving
them
of
their
antient
and
accustomed
Liberties
and
their
money
against
his
Oath
,
and
primitive
Protestation
:
The
Lords
and
Prelates
,
after
sundry
publike
and
privat
Discourses
and
devices
then
used
to
draw
them
to
a
Contribution
(
recorded
at
large
in
Mat.
Paris
)
chiding
and
telling
him
to
his
face
;
asserentes
ipsum
natum
tantum
ad
pecuniam
emungendam
.
Soluto
igitur
cum
Regis
,
Cleri
et
Magnatum
indignatione
Concilio
,
Rex
iram
et
odium
praecordiale
thesaurizavit
,
credens
haec
omnia
sibi
facta
et
dicta
in
spiritu
maligno
et
exoso
,
malignandi
materiam
parturire
.
About
the
same
time
,
Isabella
Countess
of
Arundell
,
coming
to
the
King
about
a
Wardship
,
and
he
denying
to
doe
her
justice
therein
,
though
a
woman
,
gave
him
this
manly
and
bold
answer
.
Domine
Rex
▪
quare
avertis
faciem
tuam
à
Justitia
?
Jam
in
curia
tua
quod
justum
est
,
nequit
impetrari
.
Medius
inter
Dominum
&
nos
constitueris
,
sed
nec
teipsum
nec
nos
sane
regis
,
nec
ecclesiam
veritus
es
multipliciter
perturbare
,
quod
non
tantum
in
praesentiarum
sed
multoties
est
aperta
.
Nobiles
insuper
Regni
variis
modis
vexare
non
formidas
vel
erubescis
Quod
cum
audisset
Rex
corrugans
nares
,
et
subsannans
,
voce
dixit
eleva●a
:
Quid
est
hoc
,
O
Domina
Comitissa
?
confecerunt
ne
Magnates
Angliae
chartam
,
et
pepigerunt
tecum
,
ut
fieres
eorum
quia
eloquens
es
,
advocata
et
prolocutrix
?
Ad
quod
Comitissa
licet
juvencula
,
non
tamen
juveniliter
respondit
.
Nequaquam
mihi
,
Domine
,
Regni
tui
Primates
chartam
confecerunt
,
sed
tu
CHARTAM
quam
confecit
pater
tuus
,
et
tu
eam
concessisti
,
&
jurasti
observare
fideliter
et
irrefragabiliter
,
et
multoties
ut
eam
observares
à
fidelibus
tuis
pecuniam
de
libertatibus
observandis
eorum
extorsisti
,
sed
tu
semper
eis
impudens
transgressor
extitisti
.
Unde
fidei
laesor
enormis
&
Sacramenti
transgressor
manifestus
esse
comprobaris
.
[
*
](A56189-e23820-b)
*
May
we
not
make
the
self-same
demand
and
appeal
now
?
Ubi
Libertates
Angliae
toties
in
scripta
redactae
,
toties
concessae
,
totiesque
redemptae
?
Ego
igitur
licet
mulier
,
omnesque
indigenae
et
naturales
ac
fideles
tui
appellamus
contra
te
,
ante
tribunal
tremendi
judicis
.
Et
erunt
nobis
testes
coelum
&
terra
,
quoniam
inique
nimis
nos
tractas
insontes
,
et
nos
Deus
ultionum
Dominus
ulciscatur
.
Ad
haec
Rex
siluit
confusus
,
quia
dictante
propria
conscientia
cognovit
,
quoniam
à
tramite
veritatis
non
exorbitavit
Comitissa
;
et
ait
:
Nonne
postulas
gratiam
,
eo
quod
mihi
cognata
sis
?
at
illa
:
Ex
quo
mihi
quod
jus
expostulat
denegasti
,
quomodo
spem
concipiam
,
ut
mihi
gratiam
facias
postulanti
?
sed
et
contra
illos
ante
faciem
Christi
appello
,
qui
te
fascinantes
et
infatuentes
,
consiliarii
tui
sunt
,
et
te
a
via
veritatis
avertunt
,
suis
tantummodo
commodis
inhiantes
.
His
autem
auditis
Rex
siluit
,
satis
civiliter
redargutus
;
Comitissa
autem
nec
licentiata
,
nec
licentiam
postulata
,
magnis
laboribus
et
sumptibus
inaniter
factis
,
ad
propria
remeavit
.
Anno
1253.
the
37
of
Henry
the
3d.
[
*
](A56189-e23850-b)
*
Mat.
Paris
,
p.
838
,
839.
Mat.
Westm.
p.
254.
In
quindena
Paschae
mense
Aprilis
tota
edicto
Regio
convocata
Angliae
Nobilitas
convenit
Londini
,
de
arduis
Regni
negotiis
simul
cum
Rege
tractaturi
.
Exti●erunt
igitur
ibidem
cum
Comitibus
&
Baronibus
quamplurimis
,
Archiepiscopus
Cantuariensis
,
&
Episcopi
Angliae
fere
omnes
,
&c.
Et
cum
de
magna
Regis
indigentia
,
qui
postulavit
sibi
peregrinaturo
infinitam
exhiberi
pecuniam
,
diu
.
et
inaniter
tractassent
,
et
hinc
inde
nuncios
utrobique
consensus
haberetur
,
contigit
ut
ex
parte
Episcoporum
&
omnium
Praelatorum
,
destinarentur
Archiepiscopus
Cant
:
et
Carliolensis
,
et
Sarisburiensis
Episcopi
et
electus
Wintoniensis
,
ad
persuadendum
et
inducendum
Regem
,
ut
permitteret
,
prout
saepius
solenniter
jurando
promisit
,
sanctam
Ecclesiam
suis
gaudere
libertatibus
,
maxime
de
electionibus
,
in
quibus
praecipue
ecclesiastica
constat
libertas
.
Nullibi
enim
cum
in
Ecclesiis
Cathedralibus
vel
Conventualibus
potest
aliquis
promoveri
nisi
per
Regem
intrusus
,
&c.
Quod
si
hunc
et
alios
mores
,
SECUNDUM
MAGNAE
CHARTAE
DE
LIBERTATIBUS
CONFECTAE
TENOREM
,
emendaret
,
ipsi
usque
ad
gravamen
magnum
petitionibus
suis
inclinarent
.
Quibus
Rex
:
Verum
est
,
et
inde
doleo
,
&
poenitet
me
graviter
hoc
secisse
.
Instanter
igitur
procurandum
,
ut
et
talia
peracta
corrigantur
;
et
amplius
similia
non
perpetrentur
.
Et
vos
in
hoc
mihi
sitis
coadjutores
,
ne
sic
promoticum
subditis
condemnentur
,
&c.
Tandem
protracto
tempore
diuturno
et
multis
revolutis
disceptationibus
,
post
quindecim
et
amplius
dierum
continuationem
,
in
hoc
residit
omnium
unanimus
consensus
;
ut
voluntas
Regis
peregrinaturi
et
ideo
pia
,
non
penitus
suo
desiderio
fraudaretur
,
nec
Ecclesiae
vel
Regni
status
enorme
pateretur
dettimentum
.
Concessa
est
igitur
Regi
decima
pars
proventuum
ab
Ecclesia
recipiendo
,
cum
iter
Hierosolymitanum
per
visum
Magnatum
arriperet
,
in
viaticum
distribuenda
,
per
triennium
,
in
succursum
Terrae
sanctae
contra
Dei
inimicos
,
&
a
militibus
scutagium
,
illo
anno
,
scilicet
ad
scutum
tres
Marcae
;
et
Rex
bona
fide
,
&
sine
aliqua
cavillatione
,
[
*
](A56189-e23880-b)
*
Walsingham
Ypodig
.
Neustr
.
p.
61.
promisit
se
CHARTAM
MAGNAM
ET
OMNES
EJUS
ARTICULOS
FIDELITER
OBSERVARE
:
Quam
tamen
a
multis
retroactis
annis
,
Pater
ejus
Rex
Johannes
TENERE
JURAVIT
,
&
limiliter
qui
prae●ens
est
in
susceptione
Coronae
,
et
postea
multoties
,
unde
infinitam
emunxit
pecuniam
.
Tertio
igitur
die
Mali
,
in
majori
aula
Regia
Westm.
sub
praesentia
&
assensu
Domini
Henrici
Dei
gratia
Regis
Angliae
illustris
,
&
Dominorum
R●
.
Comitis
Cornubiae
fratris
sui
,
&
Ri.
Comitis
Norfollkiae
&
Suffollkiae
Mareschalli
Angliae
,
H.
Comitis
Her●fordiae
,
&
Comitis
Oxoniae
,
I.
Comiris
Warwiciae
,
&
aliorum
Optimatum
Regni
Angliae
;
Nos
B.
divina
misericordia
Cant.
Archiepiscopus
,
totius
Angliae
primas
,
F.
Londinensis
,
H.
Eliensis
,
R.
Lincolniensis
,
W.
Wigo●niensis
,
W.
Norwicensis
,
P.
Haerefordiensis
,
W.
Sarisberiensis
,
W.
Dunelmensis
,
R.
Exoniensis
,
S.
Carleolensis
,
W.
Bathoniensis
,
L.
Roffensis
,
T.
Menevensis
Episcopi
,
Pontificalibus
indutis
,
candelis
accensis
,
in
transgressores
libertarum
,
&
Ecclesiasticorum
,
&
libertatum
consuetudinem
Regni
Angliae
,
&
praecipue
earum
quae
continentur
IN
CHARTA
LIBERTATUM
REGNI
ANGLIAE
,
ET
CHARTA
DE
FORESTA
,
excommunicationis
sententiam
solenniter
tulimus
sub
hac
forma
.
Auctoritate
Dei
Omnipotentis
,
&
Filii
,
&
Spiritus
Sancti
,
&
Gloriosae
Dei
Genetricis
,
semperque
Virginis
Mariae
,
&
beatorum
Apostolorum
Petri
&
Pauli
,
omniumque
Apostolorum
,
&
beati
Thomae
Archiepiscopi
&
Martyris
,
omniumque
Martyrum
,
beati
Edwardi
Regis
Angl●ae
,
omniumque
Confessorum
atque
Virginum
,
omniumque
Sanctorum
Dei
,
excommunicamus
,
anathematizamus
,
&
a
limine
sanctae
matris
Ecclesiae
sequestramus
,
omnes
illos
qui
amodo
s●ien●er
,
&
malitiose
Ecclesias
privaverint
vel
spoliaverint
suo
jure
.
Item
omnes
illos
qui
Ecclesiasticas
libertates
,
vel
antiquas
Regni
consuetudines
probatas
,
&
praecipue
libertates
,
&
liberas
consuetudines
QUAE
IN
CHARTA
COMMUNIUM
LIBERTATUM
ANGLIAE
,
ET
DE
FORESTA
CONTINENTUR
,
Concessis
a
Domino
Rege
Angliae
Archiepiscopis
,
Episcopis
,
&
caeteris
Angliae
Praelatis
,
Comitibus
,
Baronibus
,
Militibus
,
&
libere
tenentibus
,
qualicunque
arte
vel
ingenio
temere
violaverint
,
diminuerint
,
seu
immutaverint
clam
vel
palam
facto
,
verbo
,
vel
consilio
contra
illas
,
vel
earum
aliquam
,
in
quocunque
articulo
temere
veniendo
.
Item
in
illos
qui
contra
illas
,
vel
earum
aliquam
Statuta
aliqua
ediderint
,
vel
edita
servaverint
,
consuetudines
introduxerint
,
vel
servaverint
introductas
,
Scriptores
Statutorum
,
necnon
consiliarios
&
executores
,
&
qui
secundum
ea
praesumpserint
judicare
.
Qui
omnes
&
singuli
superius
memorati
,
hanc
sententiam
incursuros
se
noverint
ipso
facto
,
qui
scienter
aliquid
commiserint
de
praedictis
:
qui
vero
ignoranter
nisi
commoniti
infra
quindenam
a
tempore
commonitionis
se
correxerint
,
&
arbitrio
Ordinariorum
plenius
fatisfecerirt
de
commissis
,
ex
tunc
sint
hac
sententia
involuti
,
Eadem
etiam
sententia
innodamus
omnes
illos
,
qui
pacem
Regis
&
Regni
praesumpserint
perturbare
.
In
cujus
memoriam
sempiternam
,
Nos
sigilla
nostra
praesentibus
duximus
apponenda
.
(
How
many
in
this
age
are
involved
in
this
communication
and
execration
,
for
the
wilfull
violation
of
this
great
Charter
of
our
Liberties
,
and
making
Ordinances
,
Declarations
,
Remonstrances
,
Votes
,
Committees
,
and
extrajudicial
judicatories
,
and
giving
Judgements
and
Sententes
against
it
,
almost
in
every
Article
,
is
worthy
consideration
.
)
When
this
excommunication
was
thus
pronounced
.
Prolataque
fuit
in
medium
CHARTA
patris
sui
Johannis
,
in
qua
iterum
concessit
idem
mera
voluntate
,
&
recitari
fecit
libertates
supradictas
,
Dum
autem
Rex
memoratam
sententiam
audisset
,
tenuit
manum
suum
ad
pectus
suum
sereno
vultu
,
voluntario
et
alacri
.
Et
cum
in
fine
projecissent
candelas
extinctas
,
et
fumigantes
,
diceretur
a
singulis
,
sic
extinguantur
,
&
foeteant
hujus
sententiae
incursores
in
inferno
,
&
campanae
pulsarent
:
dixit
ipse
Rex
,
sic
me
Deus
adjuvet
,
haec
omnia
observabo
fideliter
,
sicut
sum
homo
,
sicut
sum
Christianus
,
sicut
sum
miles
,
&
sicut
sum
Rex
coronatus
et
inunctus
.
Et
sciendum
quod
in
principio
sententiae
ferendae
,
cum
traderentu●
omnibus
Candelae
accensae
,
tradita
fuit
Regi
una
,
&
cum
accepisset
eam
,
noluit
eam
tenere
,
sed
tradidit
cuidam
Praelatorum
,
dicens
:
Non
decet
me
candelam
talem
tenere
,
non
enim
sum
sacerdos
:
Cor
autem
majus
perhibet
testimonium
.
Et
extunc
tenuit
Manum
expansam
ad
pectus
,
donec
totam
sententiam
finiretur
.
Episcopus
autem
Lincolniensis
Robertus
praeconizans
in
corde
suo
,
&
timens
ne
Rex
a
pactis
resiliret
,
fecit
illico
,
cum
redieret
in
Episcopatum
suum
excommunicari
solenniter
,
in
qualibet
Ecclesia
Parochiali
per
Diocoesim
suam
,
quae
prae
numerositate
sua
vix
possunt
aestimari
,
&
praecipue
Sacerdotes
omnes
supra
dictarum
Chartarum
infractores
,
quae
sententia
potuit
aures
audientium
tinnire
,
et
corda
non
mediocriter
formidare
.
In
pursuance
of
this
Excommunication
,
the
King
issued
out
Writs
and
Proclamations
to
all
Counties
,
that
all
should
be
excommnicated
,
qui
veniant
contra
CHARTAS
de
libertatibus
,
&c.
reciting
this
excommunication
,
and
other
Writs
and
Proclamations
,
issued
DE
MAGNA
CHARTA
TENENDA
AD
INSTANTIAM
PRAELATORUM
ET
MAGNATUM
REGNI
NOSTRI
,
[
†
](A56189-e24120-b)
†
Mat.
Paris
,
p.
839.
salvis
Nobis
et
haeredibus
nostris
juribus
et
Dignitatibus
Coronae
nostrae
,
&c.
recorded
in
Claus
.
37.
H.
3.
m
,
9.
&
13
Dorso
,
&
Pat.
37.
H.
3.
m.
13.
(
But
O
the
Atheistical
Hipocrisie
,
perfidiousnesse
▪
and
falsenesse
of
mens
hearts
and
protestations
)
Soluto
autem
sic
Concilio
,
Rex
confestim
pessimo
usus
confilio
,
omnia
praedicta
cogitabat
infirmare
,
(
as
some
have
done
,
and
yet
doe
)
Dictum
namque
est
illi
quod
non
foret
Rex
,
vel
saltem
Dominus
in
Anglia
,
si
supradictas
tenerentur
,
et
expertus
est
Rex
Johannis
pater
ejus
,
qui
mori
praeelegit
quam
sic
pessundari
calcibus
subditorum
,
&c.
Anno
1254.
the
38
of
King
Henry
the
3.
[
*
](A56189-e24160-b)
*
Mat.
Paris
,
p.
858
,
859.
Mat.
Westm.
p.
261.
Congregati
sunt
iterum
Regni
Magnates
Londini
:
Quibus
significavit
Rex
,
quod
pecunia
indigebat
,
&
viribus
amplioribus
ad
repellendam
violentiam
magni
hostis
supervenientis
:
Quod
mandatum
fuit
fignatum
Regio
sigillo
.
Responderunt
au●em
omnes
&
singuli
:
Quod
jam
per
tres
septimanas
Londini
inaniter
expectantes
adventum
Comitis
Richardi
,
&
aliquorum
Magnatum
moram
protrahentium
,
&
toties
Regiis
exactionibus
vexebantur
,
quod
vix
poterant
respirare
.
Non
tamen
venire
omitterent
ad
succursum
Domini
sui
Regis
corporaliter
,
si
de
hostili
adventu
Regis
Hispaniae
hoc
comminantis
plenius
certi●icarentur
:
mirabanturque
,
ut
dicebant
,
quod
idem
Rex
Castillae
nunquam
tempore
quo
Comes
Legrecestriae
Simon
Gasconiae
praefuit
,
et
reb●lles
multos
edomuit
,
Gasconiam
vendicavit
:
Hoc
igitur
argumento
,
et
multis
aliis
,
sed
et
per
Comitem
S.
qui
tunc
de
partibus
rediit
transmarinis
,
qui
veritatem
super
hoc
nunciavit
,
Magnates
edocti
,
Regis
muscipulas
praecaverunt
,
qui
ex
bonis
Angliae
p●riclitantes
alienigenas
saginavit
.
Et
sic
cum
summa
indignatione
tristes
admod●m
Proceres
recesserunt
.
Yet
,
to
please
the
Nobles
,
I
find
in
[
*
](A56189-e24180-b)
*
Fitzh
.
Nat.
Brevium
,
f.
75.
a.
Claus
.
38.
H.
8.
m.
8
a
Writ
,
ne
quidem
amercientur
CONTRA
TENOREM
MAGNAE
CHARTAE
de
libertatibus
Angliae
,
sed
secundum
modum
delicti
.
[
*
](A56189-e24220-b)
*
Mat.
Paris
,
p.
876.
Mat.
West
.
p.
271.
Anno
1255.
the
39
of
Henry
the
3.
In
quindena
Paschae
convenerunt
Londini
OMNES
NOBILES
ANGLIAE
,
tam
viri
Ecclesiastici
,
quam
seculares
,
ita
quod
nunquam
tam
populosa
multitudo
ibi
antea
visa
fuerat
congregata
.
Ubi
Dominus
Rex
se
multis
debitis
conquestus
est
fuisse
implicatum
,
nec
se
posse
sine
MAGNATUM
SUORUM
efficaci
juvamine
liberari
,
unde
instanter
&
urgenter
valde
postulavit
auxilium
sibi
fieri
pecuniare
.
Scilicet
ut
de
Baroniis
quas
prius
in
auxilio
decimae
sibi
concessae
,
plenam
reciperet
portionem
,
ut
ad
plenitudinem
gratiaram
persolvendarum
teneretur
.
Quod
esset
manifestum
Regni
exterminium
.
Regnum
enim
omne
pecunia
destitutum
,
volentibus
illud
occupari
,
quasi
ulero
foret
expositum
et
oblatum
.
Inito
igitur
consilio
,
quia
illud
nullo
modo
fuisset
tollerabile
,
inter
eos
concessum
est
,
QUOD
MULTUM
SESE
GRAVARENT
PRO
MAGNAE
CHARTAE
SINE
OMNI
CAVILLATIONE
OBSERVATIONE
EX
TVNC
ET
DEINCEPS
,
quam
toties
tenere
promisit
,
juravit
,
&
sub
summa
distr●ctione
se
in
anima
obligavi
.
Exigebat
insuper
,
ut
de
communi
consilio
regni
nostri
sibi
sustitiarium
,
Cancellarium
,
&
Thesaurarium
eligerent
,
sicut
ab
antiquo
consuetum
et
justum
.
Qui
etiam
non
amoverentur
,
nisi
clarescentibus
culpis
,
et
de
communi
Regni
convocati
consilio
et
deliberatione
.
Tot
enim
erant
in
Anglia
Reguli
,
ut
viderentur
in
Anglia
antiqua
tempora
renovari
.
Erat
videre
dolorem
in
populo
,
quia
nesciebant
Praelati
vel
Magnates
quo
modo
suum
Prothea
,
scilicet
Regem
tenerent
,
etiamsi
omnia
haec
concederent
,
quia
in
omnibus
metas
transgreditur
veritatis
,
et
ubi
nulla
veritas
,
nulla
praevalet
certitudo
fixa
stabiliri
.
D●ctumque
est
illis
a
secretissimis
Regiis
cubiculariis
,
quod
nullo
modo
illa
quae
desiderabant
,
scilicet
de
Justiciario
,
Cancellario
,
vel
Thesaurario
concederet
.
Praelati
insuper
pro
dècima
,
quam
conditionaliter
promiserant
,
absolute
et
serviliter
ancillante
Ecclesia
jam
solvere
eam
cogebantur
,
doloribus
cruentabantur
.
Nobiles
pro
imminenti
exactione
,
in
oneribus
sauciabantur
.
Tandem
in
hoc
convenerunt
communiter
,
ut
Regi
renunciaretur
,
ex
parte
universitatis
,
quod
negotium
dilationem
caperet
,
usque
ad
festum
Sancti
Michaelis
,
ut
et
ipsi
interim
fidelitatem
ejus
,
&
benignitatem
experirentur
,
si
forte
sic
se
versus
eos
et
eorum
patientiam
fidelitatem
ejus
et
benignitatem
experirentur
,
si
forte
sic
se
versus
eos
et
eorum
patientiam
IN
CHARTAE
OBSERVATIONE
TOTIES
PROMISSAE
,
TOTIES
REDEMPTAE
,
corda
eorum
ad
ipsa
converteret
,
et
merito
reclinaret
.
Quod
cum
Rex
dicitur
non
acceptasse
,
sed
tacendo
non
concessisse
,
Et
cum
summa
desolatione
et
desperatione
,
post
multas
inutiles
▪
et
diuturnas
deceptationes
,
sic
soluto
consilio
,
Nobiles
Angliae
facti
jam
ignobiles
,
ad
propria
remearunt
.
Not
long
after
the
King
to
ingratiate
himself
with
the
people
,
commanded
the
Great
Charter
to
be
observed
.
[
*
](A56189-e24280-b)
*
Mat.
Paris
,
p.
878.
Mat.
Paris
,
p.
171.
Walsingham
Ypodig
.
p.
61
Acclamatum
est
in
Comitatibus
,
et
annunciatum
est
in
Synodis
in
Ecclesiis
,
et
ubicunque
locorum
homines
convenerant
,
ut
Magna
Charta
inviolabiliter
teneretur
,
quam
Rex
Johannes
concessit
,
et
isto
Rex
praesens
multo
ies
concessit
,
et
lata
est
sententia
solenniter
in
omnes
ejusdem
viol●tores
,
quam
tamen
Rex
minime
adhuc
observans
,
bona
Ecclesiae
Eboracensis
inhumane
destruxit
.
[
*
](A56189-e24320-b)
*
Mat.
Westm.
p.
272.
Dicebatque
creb●ò
:
Quare
non
observant
Episcopi
&
Magnates
Regni
erga
subjectos
suos
Chartam
illam
,
pro
qua
tan●um
clamitant
,
et
objurgant
(
a
good
interrogation
to
our
late
and
present
swaying
Grandees
)
Cui
rationabiliter
responsum
est
,
Dominus
Rex
,
decet
vos
primitus
secundum
jusjurandum
tuum
inchoare
,
et
alii
prosecto
sequerentur
,
secundum
illud
Poeticum
,
Mobile
versatur
semper
cum
Principe
vulgus
.
[
*
](A56189-e24380-b)
*
Mat.
Paris
,
p.
884
,
885.
Anno
vero
sub
eodem
ad
festum
Sancti
Edwardi
,
fuerunt
apud
Westmonasterium
OMNES
fere
ANGLIAE
MAGNATES
;
inter
quas
Rex
prius
alloquebatur
fratrem
suum
Comitem
Cornubiae
Richardum
,
petens
ab
eo
instantissime
auxilium
pecuniare
.
Cui
Comiti
Dominus
Papa
similiter
literas
deprecatorias
direxerat
,
supplicans
in
quadraginta
millibus
,
salvo
fratri
suo
,
mutuo
subveniret
,
ut
quasi
dans
ea
eidem
,
pium
daret
aliis
exemplum
subveniendi
,
Comes
autem
nec
preces
Regis
,
nec
Papae
voluit
exaudire
,
et
eo
maxime
,
quod
negotium
eundi
in
Apuliam
assumpsit
sine
consilio
suo
,
et
assensu
Baronagii
sui
,
sibilis
transalpinensium
fascinatus
.
Ab
aliis
autem
interpellatum
fuit
de
subventione
facienda
;
et
responsum
fuit
,
quod
omnes
tunc
temporis
non
fuerunt
JUXTA
TENOREM
MAGNAE
CHARTAE
SUAE
,
vocati
;
In
the
40
year
of
King
Henry
the
3.
(
1256.
)
the
great
Charter
,
to
satisfie
the
Prelates
and
Nobles
,
was
again
confirmed
by
the
King
,
and
a
solemn
Excommunication
denounced
against
the
infringers
therof
.
[
*
](A56189-e24440-b)
*
Mat.
Paris
,
p.
891
,
892
,
895.
Mat.
Westm.
p.
275.
Provisum
est
salubriter
,
UT
MAGNAE
CHARTAE
REGIS
JOHANNIS
quas
sponte
promisit
BARONAGIO
ANGLIAE
,
et
iste
Rex
praesens
iterum
,
&
nunc
iterum
de
novo
in
magna
aula
Westmonasteriensi
,
SPONTE
ET
LIBERALITER
CONCESSIT
,
SUB
PAENA
HORRIBILIS
ANATHEMATIS
,
CONSERVENTUR
,
et
propter
Regis
tyrannidem
,
quam
non
desinit
exercere
in
Ecclesiis
vacantibus
,
quam
memoratus
Rex
Johannes
concessit
Regno
,
conspectibus
Papae
praesentaretur
:
there
recited
at
large
and
ratified
by
the
Pope
;
Yet
notwithstanding
the
Prelates
,
animated
by
the
Barons
refused
to
contribute
any
aid
to
the
King
out
of
their
Baronies
,
notwithstanding
Rustan
,
the
Popes
Legat
endeavoured
to
induce
and
force
them
to
do
it
,
both
by
wiles
and
menaces
.
[
*
](A56189-e24530-b)
*
Mat.
Paris
,
p.
935
,
938.
Mat.
Westm.
277.
Anno
1258.
the
42.
of
Henry
the
3d.
his
reign
;
he
summoning
a
Parliament
,
and
demanding
a
pecuniary
ayd
of
the
Nobles
,
cùm
constanter
et
precise
respondissent
UNO
ORE
MAGNATES
REGNI
IN
PARLIAMENTO
REGI
,
cum
urgenter
auxilium
ab
eis
postulasset
pecuniare
,
QUOD
NEC
VOLUERUNT
,
NEC
POTUERUNT
,
(
Marke
it
)
AMPLIUS
SUSTINERE
TALES
EXTORSIONES
.
Rex
iratus
,
ad
alia
se
convertit
astutiae
argumenta
,
ut
ab
Ecclesia
pecuniam
abraderet
infinitam
:
there
recorded
at
large
.
Duravit
adhuc
praelibati
Parliamenti
altercatio
,
inter
Regem
&
regni
Magnates
,
usque
diem
Dominicam
proximam
post
Ascentionem
,
&
multiplicabantur
contra
Regem
variae
diatim
querimoniae
,
eo
quod
promissa
sua
non
observabat
,
contemnens
claves
Ecclesiae
,
ET
CHARTAE
SUAE
MAGNAE
TOTIES
REDEMPTAE
TENOREM
.
Fratres
quoque
suos
uterinos
intollerabiliter
contra
jus
regni
et
legem
,
ut
naturales
terrae
erexit
,
nec
sinebat
aliquod
br●ve
exire
de
Cancellaria
contra
eos
&c.
REDARGU●US
EST
INSUPER
REX
,
quod
omnes
alienos
promovet
et
locupletat
,
et
suos
in
subversionem
totius
Regni
,
despicet
et
depraedatur
.
Et
ipse
tam
egenus
est
cum
alii
abundent
,
quod
thesauri
expers
jura
Regni
nequit
revocare
;
imo
nec
Wallensium
,
quae
sunt
hominum
quisquiliae
,
injurias
propulsare
;
et
ut
brevibus
concludatur
;
Excessus
Regis
tractatus
exigit
speciales
.
Rex
autem
ad
se
reversus
,
cum
veritatem
redargutionis
intellexisset
,
licet
sero
,
humiliavit
se
,
asserens
iniquo
consilio
saepius
suisse
fascinatum
;
promisitque
sub
magni
juramenti
obtestatione
super
altare
et
feretrum
S.
Edwardi
,
quod
pristinos
errores
planè
et
plenè
corrigens
,
suis
naturalibus
benigne
obsecundaret
.
Sed
crebras
transgressiones
praecedentes
se
penitus
incredibilem
reddiderunt
;
&
quia
nesciebant
adhuc
Magnates
quomodo
suum
Prothea
,
tenere
voluissent
,
quia
arduum
erat
nego●ium
et
difficile
,
dilatum
est
Parliamentum
usque
ad
festum
Sancti
Barnabae
apud
Oxoniam
diligenter
celebrandum
.
Interim
Optimates
Angliae
,
utpote
Gloverniae
,
Legrecestriae
et
Herefordiae
comites
,
Comes
Marescallus
,
et
alii
praeclari
viri
,
sibi
praecaventes
&
providentes
,
confaederati
sunt
,
quia
pedicas
et
laqueos
alienorum
vehementer
formidabant
,
et
Regis
retiacula
suspecta
nimis
habuerant
,
veniebant
cum
equitibus
et
armatis
,
et
comitatu
copioso
communit●
.
[
*
](A56189-e24620-b)
*
Mat.
Paris
,
p.
940
,
941.
Parlamento
autem
(
Oxoniae
)
incipiente
solidabatur
Magnatum
et
consilium
immutabile
,
exigendo
constantissime
,
UT
DOMINUS
REX
CHARTAM
LIBERTATUM
ANGLIAE
,
quam
Johannis
R●x
pater
suus
Anglis
confecit
,
&
confectam
concessit
,
quamque
idem
Johannes
renere
juravit
,
FIRMITER
TENE
AT
ET
CONSERVET
;
quamque
idem
Rex
Henricus
multoties
concesserat
,
et
tenere
juraverat
,
ejusque
infractores
ab
omnibus
Angliae
Episcopis
,
in
praesentia
sua
et
totius
Baronagii
,
horribiliter
●ecit
excommunicare
,
&
ipse
unus
fuerat
excommunicantium
.
Exigebant
insuper
sibi
fieri
Justiciarium
,
qui
justitiam
faceret
injuriam
patientibus
,
aequanimiter
divitibus
et
pauperibus
,
Quaedam
etiam
alia
Regnum
contingentia
petebant
,
ad
communem
Regis
&
regni
utilitatem
,
pacem
simul
&
honestatem
.
Quorum
consiliis
et
provisionibus
necessarii●
,
Dominum
Regem
frequenter
et
constantissime
consulendo
rogitabant
obtemperare
;
jurantes
fide
mediante
,
et
mutuo
dextras
exhibentes
,
After
which
they
expelled
and
chased
away
all
the
Aliens
about
the
King
.
"
Et
ita
terminatur
Parliamentum
apud
"
Oxoniam
,
fine
terminato
et
certo
non
opposito
.
Hereupon
there
issued
out
sundry
Writs
and
Commissions
for
reformation
of
abuses
and
punishing
offences
against
the
Great
Charter
,
recorded
in
Rot.
Claus.
42
H.
3.
m.
1.
3.6
.
and
that
PER
CONSILIVM
MAGNATUM
,
as
those
Records
attest
.
Rot.
Pat.
An.
43
H.
3.
m.
10.
n.
41.
&
n.
15.
there
is
a
large
Letters
Patents
of
the
King
recorded
in
French
,
declaring
the
good
Government
that
should
be
for
the
future
;
the
due
observation
of
Magna
Charta
;
the
Kings
faithful
promise
inviolably
to
keep
the
same
according
to
his
Oath
and
promises
;
and
that
every
man
injured
might
freely
sue
and
complain
against
or
arrest
the
King
,
or
any
other
.
And
Rot.
Pat.
An.
44
H.
3
,
m.
4.
Schedula
;
&
m.
5.9
.
There
are
Writs
and
Letters
of
the
King
to
the
Sherifs
of
every
County
,
to
the
same
or
like
effect
.
All
by
the
advice
or
procurement
of
the
Nobles
.
[
*
](A56189-e24740-b)
*
Rishanger
,
Continuatio
Mat.
Paris
,
p.
960
,
961.
Anno
1263.
the
47.
of
King
Henryes
reign
,
the
King
and
Nobles
,
to
procure
peace
and
reconciliation
between
them
,
submitted
themselves
to
the
arbitrement
of
Lewes
King
of
France
,
touching
the
Provisions
made
at
Oxford
,
about
which
they
had
great
contests
and
differences
:
who
solemnly
pronounced
Sentence
for
the
King
against
the
Barons
of
England
;
Statu●is
Oxoniae
,
Provisionibus
,
Ordinationibus
et
obligationibus
penitus
annullatis
,
Hoc
excepto
quod
Antiquae
Chartae
Regis
Iohannis
Angliae
,
universitati
concessae
,
per
illam
Sententiam
in
nullo
intendebat
penitus
derogare
.
Quae
quidem
exceptio
Comitem
Leicestriae
,
et
caeteris
qui
habeant
sensus
exercitatos
,
compulit
in
proposito
tenere
firmiter
Statuta
Oxoniae
quae
fundata
fuerant
super
illam
Chartam
.
Where
upon
they
taking
up
arms
,
wasting
and
pillaging
the
Kings
Manors
,
Lands
and
adherents
,
the
King
in
the
48.
year
of
his
reign
,
mediantibus
viris
honoratis
paci
Baronum
acquievit
ad
tempus
;
ut
Provisiones
Oxoniae
inviolabiliter
observarentur
,
which
Provisions
the
King
confirmed
by
his
Patents
,
recorded
at
large
in
the
Tower
,
Rot.
Pat.
An.
47
H.
3
,
pars
1.
m.
7.
n.
25.
and
pars
2.
nu.
2.
Rot.
Pat.
48
H.
3.
pars
2.
m.
3.
Rot.
Pat.
46
H.
3.
m.
18.
Pat.
49
H.
3.
m.
10.15
,
18.
Claus.
49
H.
3.
m.
4.5
.
&
Claus.
50
H.
3.
m.
1.
dorso
.
There
are
several
Patents
,
Commissions
,
Proclamations
procured
by
the
Lords
from
the
King
,
for
the
reading
,
proclaming
,
and
inviolable
keeping
of
the
Great
Charter
and
Franchises
of
the
Realm
,
and
reformation
of
Grievances
contrary
thereunto
,
overtedious
to
transcribe
:
and
the
Agreements
between
rhe
King
and
Barons
touching
the
same
.
[
*
](A56189-e24930-b)
*
Tho.
Walsingham
,
Hist.
Angliae
,
p.
35
,
37
,
38.
Ypodigmae
Neustriae
,
p.
84.85
,
86.
King
Edward
the
1.
in
the
25.
year
of
his
reign
,
by
his
own
regal
Authority
,
without
grant
in
Parliament
,
raised
the
Custom
of
Woolls
to
40
s.
upon
every
sack
,
which
he
levied
,
whereas
before
they
payed
onely
half
a
mark
a
sack
:
And
likewise
summoned
some
Nobles
,
and
all
those
who
held
of
him
by
Knights
service
,
with
all
others
who
had
lands
to
the
value
of
20
l.
or
upwards
a
year
,
to
be
ready
with
rheir
horses
and
arms
at
London
on
the
feast
of
S
Peters
ad
Vincula
,
&
to
pass
over
with
him
into
Flanders
,
to
serve
there
in
the
Wars
at
the
Kings
wages
.
Hereupon
the
Earles
Marshal
and
of
Hereford
,
with
other
Nobles
,
refused
to
goe
in●o
Flanders
;
and
drew
up
this
Notable
Petition
,
or
rather
Remonstrance
to
the
King
,
against
this
unjust
Imposition
,
forein
service
,
and
other
Grievances
against
the
Great
Charter
and
their
Liberties
,
which
they
sent
to
Winchelsey
by
Messengers
,
ex
parte
Comitum
sui
regni
,
as
Walsingham
relates
.
Haec
sunt
nocumenta
quae
Archiepiscopi
,
Episcopi
,
Abbates
et
Priores
,
Comites
et
Barones
,
et
tota
terrae
Communitas
monstrant
Domino
nostro
Regi
,
et
humiliter
rogant
eum
,
ut
ad
honorem
suum
,
et
salvationem
populi
sui
,
velit
corrigere
et
emendare
.
In
primis
,
videtur
toti
Communitati
terrae
,
quod
Praemonitio
facta
eis
per
Breve
Domini
nostri
Regis
,
non
erat
satis
sufficiens
,
quia
non
exprimebatur
certus
locus
,
quo
debebant
ire
,
quia
secundum
locum
oportebat
facere
providentiam
,
et
pecuniam
habere
.
Et
sive
deberent
servitium
facere
sive
non
,
quia
dictum
est
communiter
,
quod
Dominus
noster
vult
transfretare
in
Flandriam
,
videtur
toti
Communitati
quod
ibi
non
debent
aliquod
servitium
facere
,
quia
nec
ipsi
,
nec
praedecessores
sui
seu
progenitores
unquam
fecerunt
servitium
in
terra
illa
Et
quamvis
ita
esset
quod
deberent
ibi
servitium
facere
,
ut
alibi
,
tamen
non
habent
facultatem
faciendi
,
quia
nimis
afflicti
sunt
per
diversa
Tallagia
,
Auxilia
,
Prisas
,
videlicet
,
de
frumentis
,
avenis
,
braseo
,
lanis
,
coriis
,
bobus
,
vaccis
,
carnibus
salsis
,
sine
solutione
alicujus
denarii
,
de
quibus
se
debuerant
sustentasse
.
Propter
hoc
,
dicunt
,
quod
non
possunt
auxilium
facere
propter
paupertatem
in
quae
sunt
propter
Tallagia
et
Prisas
antedictas
,
quia
vix
habent
unde
se
sustentarent
,
&
multi
sunt
qui
nullum
sustentationem
habent
,
nec
terras
suas
colere
possunt
.
Propter
haec
tota
terrae
Communitas
sentiunt
se
valde
gravatam
,
quia
non
tranctantur
secundum
Leges
et
consuetudines
terrae
,
secundum
quas
tractari
Antecessores
sui
solebant
habere
,
sed
voluntarie
excluduntur
.
Sentiunt
etiam
se
multi
gravati
super
hoc
,
quod
solebant
tractari
,
secundum
Articulos
contentos
in
Magna
Charta
,
cujus
articuli
omnes
sunt
omissi
,
in
majus
damnum
populo
universo
.
Propter
hoc
rogant
Dominum
nostrum
Regem
,
quod
velit
ista
corrigere
ad
honorem
suum
,
&
populi
sui
salvationem
:
Propter
hoc
Communitas
terrae
sensit
se
nimis
gravatam
de
assisa
Forestae
,
quae
non
est
custodita
sicut
consuevit
,
nec
Charta
Forestae
observatur
,
sed
fiunt
attachiamenta
pro
libitu
extra
assisam
,
aliter
quam
fieri
consuevit
:
Paeterea
,
tota
Communitas
sentit
se
gravatam
de
Vectigali
lanarum
,
quod
nimis
est
onerosum
,
videlicet
,
de
quolibet
Sacco
quadraginta
solidos
,
et
de
lana
fracta
,
de
quolibet
sacco
septem
marcas
,
lana
enim
Angliae
ascendit
fere
ad
valorem
medietatis
totius
terrae
,
et
vectigal
quod
inde
solvitur
,
ascendit
ad
quintam
partem
valoris
totius
terrae
.
Quia
vero
communitas
optat
honorem
et
salutem
Domino
nostro
Regi
,
sicut
tenetur
velle
,
non
videtur
eis
,
quod
sit
ad
bonum
Regis
quod
transeat
in
Flandriam
,
nisi
plus
esset
assecuratus
de
Flanderensibus
pro
se
&
pro
gente
sua
,
et
simul
cum
hoc
,
propter
terram
Scotiae
,
quae
rebellare
incepit
ipso
existente
in
terra
,
et
aestimant
quanto
pejus
facerent
cum
certificati
fuerint
,
quod
Rex
Mare
transierit
.
Nec
solum
pro
terra
Scotiae
,
sed
etiam
pro
terris
aliis
quae
non
sunt
adhuc
modo
debito
stabilitatae
.
The
King
having
received
those
Petitions
,
answered
,
that
he
could
not
as
yet
answer
them
without
his
Counsel
,
part
of
them
being
in
Flanders
,
and
the
rest
left
at
London
:
And
he
intreated
the
said
Earls
by
the
Messengers
who
brought
the
Petitions
,
that
if
they
would
not
passe
over
with
him
,
yet
at
least
that
they
would
not
hurt
his
Realm
during
his
absence
,
for
he
hoped
by
Gods
assistance
to
return
again
,
and
settle
his
Kingdom
in
order
.
The
King
passing
into
Flanders
,
the
said
Earls
,
Batons
in
person
inhibited
the
Treasurer
and
Barons
of
the
Exchequer
,
that
they
should
not
levy
the
8th
.
penny
of
the
people
,
being
granted
to
the
K.
at
St.
Edmunds
,
[
*
](A56189-e25200-b)
*
Dicentes
a
Conscientia
sua
non
emanasse
sine
quorum
assensu
,
Tallagium
non
debet
exigi
vel
imponi
,
Mat.
Westm.
An.
1297.
p.
410.
without
their
consent
and
induced
the
City
of
Lond.
to
stand
with
them
,
for
the
recovery
of
their
liberties
.
Whereupon
Prince
Edwards
counsel
perswaded
him
to
send
for
the
Earls
of
Hereford
,
and
Marshal
,
and
by
any
means
possible
to
allure
them
to
peace
,
who
repairing
to
him
upon
summons
,
were
willing
to
consent
to
the
Articles
and
form
of
peace
ensuing
,
but
to
no
other
.
Primo
,
Quod
Dominus
Rex
Chartam
magnam
cum
eaeteris
articulis
addictis
,
et
Chartam
de
Foresta
annuat
et
confirmet
:
et
Quod
nullum
auxilium
vel
vexationem
exigat
a
Clero
vel
Populo
absque
consilio
et
assensu
:
et
quod
omnem
offensam
Comitibus
et
eorum
confaederatis
dimittat
.
Articuli
adiecti
ad
magnam
Chartam
sunt
isti
.
Nullum
Tallagium
vel
auxilium
per
nos
vel
haeredes
nostros
,
de
caetero
in
regno
nostro
imponatur
seu
levetur
sine
voluntate
et
assensu
communi
Archiepiscoporum
,
Episcoporum
,
Abbatum
et
aliorum
Praelatorum
,
Comitum
,
Baronum
,
Militum
,
Burgensium
,
et
aliorum
liberorum
hominum
.
Nullus
minister
noster
,
vel
haeredum
nostrorum
in
toto
regno
nostro
cap●at
blada
,
lanas
,
Coria
,
aut
aliqua
aliae
bona
cujuscunque
,
sine
voluntate
et
assensu
cujus
fuerunt
.
Nihil
capiatur
de
caetero
nomine
vectigalis
de
Saccolanae
.
Volumus
etiam
et
concedimus
pro
nobis
et
haered
bus
nostris
,
quod
omnes
Clerici
et
Laici
de
Regno
nostro
habeant
omnes
Leges
,
Libertates
,
et
omnes
consuetudines
,
ita
libere
et
integre
,
sicut
aliquo
tempore
consueverunt
melius
pleniusque
habere
.
Et
si
contra
illas
vel
quemcunque
Articulum
in
praesanti
Charta
contentum
statuta
fuerint
aedita
per
nos
vel
Antecessores
nostros
,
vel
consuetudines
introductae
:
Volumus
et
concedimus
,
quod
hujusmodi
Statuta
vacua
sint
,
et
nullum
in
perpetuum
.
Remissimus
etiam
Humfredo
dae
Boun
Comiti
Herefordiae
&
Essexiae
,
Constabulario
Angliae
,
Rogero
Bigot
Comiti
Norfolciae
,
Mareschallo
Angliae
,
Et
aliis
Comitibus
,
Baronibus
,
Militibus
,
Armigeris
,
Johanni
de
Ferrariis
,
ac
omnibus
aliis
de
eorum
societate
confaederatione
et
concordia
existertibus
,
nec
non
omnibus
vigenti
libratas
terrae
tenentibus
in
regno
nostro
,
sive
de
nobis
siv●
de
alio
quocunque
in
capite
,
qui
ad
transfretandum
nobiscum
in
Flandriam
certo
die
notato
vocati
fuerunt
,
et
non
venerunt
,
rancorem
nostram
&
malam
voluntatem
quam
ex
causis
praedictis
erga
eos
habuimus
,
et
transgressiones
si
quas
nobis
vel
fecerunt
,
usque
ad
praesentis
Chart●
confectionem
.
Et
in
majorem
securitatem
hujus
rei
,
volumus
et
concedimus
pro
nobis
et
haeredibus
nostris
,
quod
omnes
Archiepiscopi
,
et
Episcopi
Angliae
in
perpetuum
in
suis
Cathedralibus
Ecclesiis
habita
praesenti
Charta
relicta
excommunicent
publice
,
et
in
singulis
Parochialibus
Ecclesiis
suarum
D●ocesium
excommunicari
faciant
,
seu
excommunicatos
denunciare
bis
in
anno
,
omnes
qui
contra
tenorem
praesentis
Chartae
vim
et
effectum
in
quocunque
articulo
scienter
fecerunt
,
aut
fieri
procuraverunt
quovismodo
.
Missis
igitur
in
Flandriam
nunciis
ad
ipsum
Regem
,
confirmationem
omnium
istorum
sub
sigillo
suo
(
tanquam
ab
eo
qui
〈…〉
●tus
erat
,
cedendum
malitiae
temporis
censuit
)
obtinuerunt
.
Pro
eonfirmatione
et
harum
rerum
omnium
dedit
populus
Anglicanus
Regi
denarium
nonum
bonorum
suorum
,
Clerus
vero
Cantuariensis
Decimum
,
et
Clerus
Eboracensis
Quintum
,
qui
propiordamno
fuit
.
So
Walsingham
truly
relates
the
History
of
this
transaction
.
These
Statutes
thus
obtained
by
the
Earls
and
Barons
from
the
King
,
are
printed
in
our
Statutes
at
large
,
with
the
excommunication
of
the
Prelates
then
denounced
against
the
infringers
of
them
,
in
Rastals
Abridgement
of
Statutes
,
&
Sir
Edward
Cooks
2
Institut.
p.
527.
to
537.
being
thus
intituled
:
Confirmationes
Chartarum
de
Libertatibus
Angliae
et
Forestae
,
et
Statutum
de
Tallagio
non
concedondo
.
made
both
in
the
25
year
of
Edward
1.
not
in
the
34
,
as
our
Statute
books
,
and
Sir
Edward
Cook
misdate
the
latter
of
them
.
The
differences
between
the
King
,
these
Earls
and
Nobles
touching
these
liberties
,
with
his
confirmation
of
them
,
and
the
aid
granted
him
for
the
same
,
are
likewise
recorded
in
the
Patent
Roll
of
25
Ed.
2.
par.
2.
m.
6
,
7
,
9.
And
Claus.
25
E.
1.
m.
2.5.14.18.76
dors.
there
are
sundry
Writs
and
Proclamations
sent
to
all
the
Sherifs
for
the
keeping
of
Magna
Charta
in
all
its
articies
,
and
to
the
Bishops
to
excommunicate
the
Infringers
of
them
,
agreeing
with
Walsinghams
relation
.
[
*
](A56189-e25530-b)
*
Walsingham
Hist.
Angl.
p.
42.44
.
Cook
2.
Iustir
.
p.
537.
Ypodigmae
Neustriae
.
p.
87.
Mat.
West
.
An.
1299.
p.
415
,
416.
Anno
1299.
the
26
of
King
Edward
the
first
,
the
king
holding
a
Parliament
at
York
,
the
foresaid
Earls
,
because
the
Confirmation
of
the
Charters
forementioned
was
made
in
a
forein
land
,
requested
that
for
their
greater
security
,
they
might
be
again
confirmed
by
the
King
in
England
,
which
the
Bishop
of
Durham
and
three
Earls
engaged
he
should
doe
,
upon
his
return
out
of
Scotland
with
victory
.
Whereupon
this
King
the
next
year
(
being
the
27
of
his
reign
)
holding
a
Par●iament
at
London
:
Ubi
rogatus
a
Comitibus
saepe
dictis
,
ut
Chartarum
confirmationem
renovaret
,
secundum
quod
in
Scotia
promiserat
,
post
aliquas
dilationes
instantiae
eorum
acquievit
,
hac
additione
,
Salvo
jure
Coronae
nostrae
infine
adjecta
.
Quam
cum
audissent
Comites
,
cum
displicentia
ad
propria
recesserunt
,
sed
revocatis
ipsis
ad
quindenam
Paschae
ad
votum
eorum
absolute
omnia
sunt
Concessa
.
And
thereupon
the
Statutes
intituled
Articuli
super
Chartas
.
(
28
E.
1.
in
our
printed
Statutes
,
and
Cooks
2
Institutes
,
whereas
it
should
rather
be
27.
)
were
then
made
and
published
by
these
Earls
and
Nobles
procurement
;
and
Writs
sent
to
all
the
Sherifs
De
quibusdam
Articulis
in
MAGNA
CHARTA
contentis
,
&
Chartae
de
Foresta
Henrici
Patris
nostrae
observandis
.
Rot.
Claus
.
27.
E.
1
m.
17.
And
Pat.
28
E.
1.
m.
14.
Commissions
are
sent
into
all
Counties
,
de
Artic.
in
mag.
Chart.
content
.
&
Stat.
Regis
apud
Winton
edita
observandis
,
and
that
whosoever
did
not
observe
every
Article
,
should
be
punished
per
imprisonamentum
,
redemptionem
,
vel
amerciamentum
,
secundum
quod
transgressio
exigeret
,
there
being
no
certain
way
of
punishment
before
ordained
.
And
Claus.
28
E.
m.
7
,
8.
There
are
Writs
sent
to
every
Sherif
,
to
read
&
proclaim
magna
Charta
in
his
County
4
times
every
year
,
&
to
proclaim
Articulos
super
Chartas
à
Rege
populo
concessos
.
But
the
Execution
of
the
Articles
of
the
Forest
being
deferred
,
notwithstanding
these
Proclamations
,
thereupon
[
*
](A56189-e25810-b)
*
Walsingham
Hist.
Angl.
p.
48.
Ypodigmae
Neustriae
,
p.
88.
King
Edward
held
a
Parliament
at
Stanford
the
29
year
of
his
reign
;
ad
quod
convenerunt
Comites
et
Barones
cum
eqnis
et
armis
,
eo
prout
dicebatur
proposito
,
ut
executionem
Chartae
de
Foresta
,
hactenus
dilatam
extorquerent
ad
plenum
:
Rex
autem
eorum
instamiam
&
importunitatem
attendens
,
eorum
voluntati
in
omnibus
condescendit
.
To
omit
all
other
Presidens
,
these
forecited
abundantly
evidence
the
gallantry
,
stoutness
,
heroical
courage
,
care
,
vigilancy
,
of
the
Lords
in
all
our
Parliamentary
Councils
,
to
maintain
and
defend
the
fundamental
Liberties
,
Properties
,
Great
Charters
of
the
Realm
,
and
to
perpetuate
them
to
posterity
,
without
the
least
violation
:
to
vindicate
,
re-establish
them
when
infringed
,
and
to
withstand
,
oppose
all
unjust
aids
,
taxes
,
subsidies
,
when
either
demanded
,
levied
,
exacted
by
our
Kings
,
though
in
cases
of
pretented
or
real
necessity
to
supply
their
wants
,
maintain
their
wars
,
and
protect
the
Realm
from
forein
enemies
.
I
shall
only
produce
three
of
four
Historical
Presidents
more
,
demonstrating
what
great
Curbs
,
Remoraes
,
Obstacles
,
some
particular
potent
Noblemen
of
great
estates
,
alliance
,
publike
spirits
have
been
to
the
exorbitant
arbitrary
wills
,
power
,
proceedings
of
our
Kings
,
who
most
endeavoured
openly
to
subvert
,
or
cunningly
to
undermine
our
publike
Laws
and
Liberties
.
[
(i)
](A56189-e25880-b)
(i)
Hist.
Angl.
p.
233.
Mat.
Paris
,
speaking
of
the
death
of
Geoffry
Fitz-Peeter
,
one
of
the
greatest
Peers
of
that
age
,
writes
thus
of
him
,
This
year
(
Anno
1218.
)
Geoffry
Fitz-Peeter
Chief
Justice
of
all
England
,
a
man
of
great
power
and
authority
,
TO
THE
GREATEST
DETRIMENT
OF
THE
KINGDOM
,
ended
his
dayes
the
2.
day
of
Octob.
ERAT
autem
FIRMISSIMA
REGNI
COLUMNA
,
for
he
was
the
most
firm
pillar
of
the
Kingdom
,
as
being
a
Nobleman
,
expert
in
the
Laws
,
furnished
with
treasures
,
rents
,
and
all
sort
of
goods
,
and
confederated
to
all
the
great
men
of
England
by
blood
or
friendship
:
whence
the
King
without
love
did
fear
him
above
all
men
,
for
he
governed
the
reigns
of
the
Kingdom
.
Whereupon
after
his
death
,
England
was
become
like
a
ship
in
a
storm
without
an
helm
.
The
beginning
of
which
tempest
was
the
death
of
Hubert
Archbishop
of
Canterbury
,
a
magnificent
and
faithfull
man
,
neither
could
England
breath
again
after
the
death
of
these
two
.
When
K.
John
heard
of
Fitz-Peeters
death
,
turning
to
those
who
sate
about
him
,
He
said
;
By
Gods
feet
,
now
am
I
first
King
and
Lord
of
England
.
He
had
therefore
from
thenceforth
more
free
power
to
break
his
Oaths
and
Covenants
which
he
had
made
with
the
said
Geoffry
for
the
peoples
Liberty
and
Kingdoms
peace
.
Such
Pillars
and
Staies
are
great
and
stout
Peers
to
a
Kingdom
,
and
Curbs
to
tyrannical
Kings
;
which
caused
[
*
](A56189-e26060-b)
*
Ma●
.
West
.
Flores
Hist.
An.
445.
p.
151.
Vortigern
the
British
King●
who
usurped
the
Crown
with
the
treacherous
murder
of
his
Soveraign
;
Nobiles
deprimere
,
et
moribus
et
sanguine
ignobiles
extollere
,
quod
maximè
regiae
honestati
contrarium
est
,
to
secure
his
throne
thereby
against
their
predominant
power
;
as
other
Usurpers
and
Tyrants
since
have
done
:
Therfore
of
meer
Right
they
ought
to
have
a
place
and
voice
in
Parliaments
,
for
the
very
Kingdoms
safety
and
welfare
,
without
the
peoples
election
.
William
Duke
of
Normandy
having
slain
the
Usurper
King
Harold
,
with
many
thousands
of
Englishmen
in
the
field
,
routed
his
whole
Army
,
and
caused
the
City
of
London
and
most
parts
of
England
to
subject
themselves
unto
him
as
their
Soveraign
,
out
of
base
fear
;
thereupon
[
*
](A56189-e26150-b)
*
Chronicon
Willielmi
Thorn
.
col.
1786.
Antiqu.
Eccles.
Brit.
p.
89
,
90.
Cambdens
Britannia
,
p.
325.
Godwins
Catalogue
of
Bishops
,
p.
28.
Speeds
History
,
p.
437
,
438.
Sir
John
Heywood
in
Will.
1.
Lambard
his
Perambulation
of
Kent
Stigand
Archbishop
of
Canterbury
,
and
Eglesine
Abbot
of
St.
Augustine
,
chief
Peers
of
the
Realm
,
and
Lords
and
Governors
of
Kent
,
to
preserve
themselves
,
their
Country
,
Laws
and
Liberties
from
vassalage
to
the
Norman
yoke
,
assembling
all
the
Commons
of
Kent
to
Canterbury
;
informed
them
:
That
they
were
born
freemen
,
that
the
name
of
bondage
was
never
heard
amongst
them
:
that
nothing
but
servitude
attended
them
,
if
they
unworthily
submitted
to
the
insolency
of
the
invading
Enemy
,
as
others
had
done
.
And
thereupon
exhorted
them
,
manfully
to
fight
for
the
Laws
and
Liberties
of
their
County
,
chusing
rather
to
end
an
unhappy
life
,
by
fighting
valiantly
for
them
in
the
field
,
than
to
undergoe
an
unaccustomed
yoke
of
bonduge
,
or
to
be
reduced
from
their
known
Liberties
to
an
unknown
and
unsure
slavery
.
After
which
the
Archbishop
and
Abbot
,
chusing
rather
to
dye
in
battel
,
than
to
behold
the
misery
and
slavery
of
their
Native
Country
,
became
the
Captains
of
the
Kentish
Army
which
they
raised
;
and
by
a
Stratagem
invironing
Duke
William
and
his
whole
Army
at
Swanscomb
;
they
procured
this
Grant
and
Concession
from
him
,
That
all
the
people
of
Kent
should
for
ever
enjoy
their
antient
Liberties
without
diminution
,
and
use
the
Laws
and
antient
Customs
of
their
Country
:
they
being
resolved
(
as
Stigand
told
the
Duke
)
rather
to
part
with
their
lives
than
them
;
Liberty
being
the
proper
badge
of
Kentishmen
.
After
which
Duke
William
marching
to
London
to
be
Crowned
King
,
[
*
](A56189-e26410-b)
*
Gul.
Nub●igensis
,
Rerum
Angl.
l.
1.
c.
1.
Chronicon
Johannis
Bromton
,
col.
982.
Antiqu.
Eccles.
Brit.
p.
89.
Cumque
●eracta
victoria
Tyranni
nomen
exhorrescens
,
et
legitimi
Principis
personam
induere
Gestiens
à
,
Stigando
tunc
temporis
Can●uariensi
Episcopo
consecrari
deposceret
;
Ille
(
out
of
an
heroick
gallant
English
Christian
spirit
)
Viro
,
ut
ai●b●t
,
Cruento
et
alien●
juris
Invasori
,
manus
imponere
nullatenus
adquievit
.
Whereupon
he
was
crowned
by
Aldred
Archbishop
of
York
:
[
*
](A56189-e26500-b)
*
Mat.
Paris
,
Mat.
Westm.
Wigorniensis
,
Huntindon
,
Hoveden
,
Chronicon
Willielmi
Thorn
,
col.
1787.
Hen.
de
Knyghton
de
Eventibus
Angliae
,
l.
2.
c.
8.
Antiq.
Ecclesiae
Brit.
&
Godwin
in
Stigands
life
.
King
William
for
this
his
stoutness
and
opposition
in
defence
of
his
Countries
Laws
and
Liberties
,
under
a
pretence
of
honor
,
first
carried
him
with
him
into
Normandy
,
as
a
Prisoner
at
large
:
afterwards
upon
feigned
pretences
,
caused
him
to
be
deprived
of
his
Archbishoprick
,
and
then
shut
him
up
Prisoner
in
the
Castle
of
Winchester
,
where
he
soon
after
died
of
grief
or
famine
,
having
scarce
enough
allowed
him
to
keep
soul
and
life
together
:
Such
a
curb
and
terror
was
he
to
him
,
whiles
he
lived
in
place
and
power
,
that
he
could
not
carry
on
his
designs
against
the
English
,
to
captivate
,
or
enslave
them
,
till
he
was
removed
out
of
the
way
of
this
Conqueror
;
who
came
to
the
Crown
by
the
effusion
of
so
much
Christian
bloud
,
that
[
*
](A56189-e26540-b)
*
Rerum
Angliae
,
Hist.
l.
1.
c.
1.
p.
4.
Gulielmus
Neubrigensis
gives
this
censure
of
it
;
(
and
let
all
other
invaders
of
the
Crown
by
bloud
observe
it
;
)
Sane
quod
idem
Christianos
innoxios
hostiliter
Christianus
impetiit
,
et
tanto
sibi
sanguine
Christianum
Regnum
paravit
,
quantae
apud
homines
gloriae
,
tantae
etiam
apud
Deum
noxae
fuit
.
Whence
Stigand
refused
to
crown
him
.
Simon
Mon●e●ort
Earl
of
Leicester
,
the
greatest
Pillar
,
and
General
of
the
Barons
,
in
the
wars
against
King
Henry
the
3d
,
for
the
preservation
,
corroboration
of
Magna
Charta
,
the
Liberties
and
Properties
of
the
People
,
was
so
terrible
to
this
extravagant
,
oppressive
King
,
frequently
violating
both
his
Great
Charters
,
Laws
,
Oaths
,
[
*
](A56189-e26680-b)
*
Mat.
Paris
,
p.
944.
That
being
perswaded
to
enter
into
his
house
,
in
a
tempest
of
thunder
and
lightning
,
which
he
very
much
feared
;
the
Earl
courteously
meeting
him
and
saying
:
Why
do
you
fear
?
tht
tempest
is
now
past
:
the
King
thereunto
replyed
,
not
jestingly
,
but
seriously
with
a
stern
countenance
,
I
fear
thundring
and
lightning
above
measure
,
but
by
the
head
of
God
,
I
tremble
more
at
thee
,
than
at
all
the
thundring
and
lightning
in
the
world
.
Being
afterwards
slain
in
the
Battel
of
Eusham
in
defence
of
his
Countries
Liberties
.
[
(k)
](A56189-e26730-b)
(k)
In
his
Continuation
of
Mat.
Paris
,
p.
968.
&
Daniel
,
p.
178.
Rishanger
gives
this
Encomium
of
him
,
Thus
this
magnificent
Earl
Simon
ended
his
dayes
,
who
not
only
bestowed
his
estate
but
his
person
and
life
also
,
for
relief
of
oppressions
of
the
poor
,
for
the
asserting
of
Justice
and
the
Rights
of
the
Realm
.
A
sufficient
Ground
for
such
Nobles
and
their
Posterity
to
sit
and
Vote
as
Peers
in
Parliament
without
the
peoples
election
.
In
the
3
,
4
,
14
,
&
15
of
K.
Edw.
2.
his
reign
,
Tho.
Earl
of
Lancaster
,
and
other
potent
wealthy
Barons
,
were
the
chief
Sticklers
against
Gaverston
and
the
Spencers
,
who
seduced
the
King
,
oppressed
the
people
:
and
were
the
principal
Pillars
of
our
Laws
&
Liberties
,
as
our
[
(l)
](A56189-e26850-b)
(l)
Walsingkam
,
Holinsh
.
Daniel
,
Speed
Stow
,
Grafton
Fabian
,
Baker
.
in
Ed.
2.
Historians
relate
at
large
,
procuring
those
ill
Counsellors
to
be
banished
,
and
removed
from
the
King
even
by
force
of
Arms.
In
10
11
,
&
22.
of
King
Rich.
2.
the
Duke
of
Gloucester
,
the
Earl
of
Arundel
,
and
other
potent
Lords
were
the
principal
opposers
of
the
Kings
ill
Counsellors
,
Tyranny
,
the
chief
protectors
of
the
Laws
and
peoples
Liberties
,
to
the
loss
of
some
of
their
lives
,
heads
,
estates
,
as
our
Statutes
,
the
Rolls
of
Parliament
in
those
years
,
and
[
(n)
](A56189-e26910-b)
(n)
Walsingham
,
Trussle
,
Fabian
,
Holinshed
,
Grafton
,
Speed
,
Stow.
in
R
2.
Historians
witness
:
whence
Walsingham
writing
of
the
Duke
of
Glocester's
death
,
murthered
by
the
Kings
command
at
Calice
who
was
the
principal
Anti-royalist
and
head
of
all
the
Barons
,
useth
this
expression
,
Thus
died
this
best
of
men
,
the
Son
(
and
Uncle
)
of
a
King
,
in
quo
posita
fuere
spes
&
solatium
TOTIVS
REGNI
COMMUNITATIS
,
in
whom
the
hope
and
solace
of
the
Commonalty
of
the
whole
kingdom
were
placed
:
who
resented
his
death
so
highly
,
that
in
the
Parl.
of
1
H.
4.
Hall
,
who
had
a
hand
in
his
murder
,
was
condemned
and
executed
for
a
Traytor
,
his
Head
,
Quarters
hung
up
in
several
places
,
and
K.
Richard
among
other
Articles
deposed
,
for
causing
him
to
be
murthered
.
Since
then
our
Peers
and
Nobles
,
as
the
premised
Examples
abundantly
evidence
,
have
been
alwaies
persons
of
greatest
valour
,
power
,
estate
,
interest
,
most
able
,
forwards
to
oppose
the
Tyranny
,
Exactions
of
our
Kings
,
and
to
preserve
the
Great
Charters
of
our
Liberties
,
first
gained
,
since
preserved
and
transmitted
to
us
by
their
valour
,
bloud
,
counsel
,
cate
,
with
our
other
Laws
,
which
they
have
upon
all
occasions
manfully
defended
,
with
the
hazard
,
loss
of
their
lives
,
Liberties
,
Estates
,
and
upon
this
ground
were
thought
meet
by
the
wisdom
of
our
Ancestors
to
merit
and
enjoy
this
privilege
of
sitting
,
voting
,
judging
in
Parliament
,
by
vertue
of
their
Peerage
,
and
Baronies
:
And
since
we
must
all
acknowledge
,
that
the
Lords
(
assembled
in
a
Great
Council
by
the
King
at
York
,
as
the
Commons
themselves
acknowledge
and
remonstrate
,
Exact
.
Collection
,
p.
13.
)
were
the
chief
instruments
of
calling
this
present
Parliament
,
and
were
therefore
in
the
Act
for
Triennial
Parliaments
,
principally
intrusted
to
summon
and
hold
all
future
Parliaments
in
the
Kings
,
Lord
Chancellors
,
or
Lord
Keepers
defaults
:
Being
also
very
active
in
suppressing
the
Star-chamber
,
High
Commission
,
Councel-Table
,
Prelats
,
and
other
grievances
,
and
those
who
fitst
appeared
in
the
Wars
against
the
King
and
his
party
,
in
defence
of
our
Laws
,
Liberties
,
Religion
,
Parliaments
Privileges
,
to
the
great
encouragement
of
others
,
(
witnesse
the
deceased
Lord
General
Essex
,
Brooke
,
Bedford
,
Stamford
,
Willougbie
,
Lincoln
,
Denbigh
,
Manchester
,
Roberts
,
and
others
)
it
would
be
the
extremity
of
folly
,
ingratitude
and
injustice
to
deny
our
Peers
this
hereditary
Right
,
Privilege
,
Honour
now
,
which
they
&
their
Ancestors
purchased
at
so
dear
a
rate
;
and
a
means
to
dis-ingage
them
for
ever
siding
hereafter
with
and
setting
them
against
the
Commons
,
and
Republike
,
for
such
an
high
dishonour
and
affront
as
this
will
prove
.
3ly
.
Our
Lords
and
Nobles
have
been
the
stoutest
Champions
to
defend
the
Rights
,
Privileges
,
Liberties
of
the
Crown
,
Realm
and
Church
of
England
,
the
Great
Charters
,
Liberties
,
Laws
,
Franchises
,
Properties
of
the
Clergy
,
people
therein
,
against
the
Popes
and
Prelates
Antichristian
invasions
and
enchroachments
on
them
;
for
proof
whereof
I
shall
present
you
with
these
few
pertinent
presidents
,
instead
of
many
others
,
recorded
in
our
Annals
.
[
*
](A56189-e27110-b)
*
Chronica
Joh.
Brompt
.
col.
999.
Sir
John
Davis
his
Irish
Reports
.
f.
90.
Usserius
de
Statu
.
&
successione
Ecclesiae
,
p.
127.
Cooks
2
Institut.
p.
97.
Pope
Paschal
the
2.
and
his
Confederate
Anselm
Archbishop
of
Canterbury
,
endeavouring
by
a
Papal
Decree
,
to
deprive
the
King
of
the
investiture
of
Bishopricks
,
by
a
Ring
and
Staff
,
which
his
Ancestors
enjoyed
,
The
King
thereupon
writ
,
and
sent
him
a
Letter
by
two
of
his
Bishops
,
Anno
Dom.
1103.
wherein
he
concludes
thus
.
Beneficium
quod
ab
Antecessoribus
meis
beatus
Petrus
habuit
,
vobis
mitto
,
eosque
honores
&
eam
obedientiam
quam
tempore
Patris
mei
antecessores
vestri
in
Regno
Angliae
habuerunt
,
tempore
meo
ut
habeatis
volo
;
eo
videlicet
tenore
,
ut
dignitates
,
usus
et
consuetudines
quas
Pater
meus
tempore
antecessorum
vestrorum
in
regno
Angliae
habuit
,
Ego
tempore
vestro
,
in
eodem
regno
meo
integre
obtineam
,
Notumque
habeat
Sanctitas
vestra
,
quod
me
vivente
,
Deo
auxiliante
dignitates
,
et
usus
Regni
Angliae
non
minuentur
.
Et
si
ego
,
quod
absit
,
in
tanta
me
dejectione
ponerem
,
OPTIMATES
MEI
,
imo
TOTIUS
ANGLIAE
POPULUS
ID
NULLO
MODO
PATERETUR
.
Habita
igitur
karissime
Pater
utiliore
deliberatione
,
ita
se
erga
nos
moderetur
benignitas
vestra
,
ne
,
quod
invitus
faciam
,
a
vestra
me
cogatis
recedere
obedientia
.
To
pretermit
the
Statutes
of
Clarindon
.
Anno
1164.
made
and
sworn
to
be
observed
by
the
Prelates
,
Abbots
,
Earls
,
Barons
and
Nobles
,
very
derogatory
to
the
Popes
and
Prelates
usurpations
,
in
maintenance
of
the
Kings
Prerogative
,
and
peoples
liberties
,
recorded
in
Mat.
Paris
,
p.
96
,
97.
&
Chronica
Gervasii
,
col.
1386.
In
the
year
1185.
[
†
](A56189-e27230-b)
†
Mat.
Paris
,
Hist.
Angl.
p.
137.
Gervasii
Chron.
col.
1474.
Radulphus
de
Diceto
Imagines
Histor.
col.
626.
Heraclius
Patriarch
of
Jerusalem
comming
into
England
with
the
Keys
of
the
Tower
of
David
,
and
of
Christs
Sepulcher
,
and
the
Banner
of
the
holy
Cross
,
presented
them
to
King
Henry
at
Reading
,
whom
they
had
elected
King
thereof
,
with
an
earnest
Letter
from
Pope
Lucius
to
accept
thereof
,
that
so
he
in
his
absence
might
the
more
securely
invade
the
rights
of
his
Crown
and
Kingdom
.
Hereupon
the
King
Convocatis
apud
Londoniam
totius
Angliae
Primatibus
,
as
Gervasius
Dorobernensis
,
or
Convocato
C●ero
Regni
ac
populo
(
to
wit
rhe
Prelates
and
Nobles
,
not
ordinary
Clergy
and
Commons
,
usually
expressed
by
this
phrase
)
as
Mat.
Paris
relates
it
;
Convenerunt
Londoniis
apud
Fontem
Clericorum
,
decima
Kalendas
Aprilis
Rex
,
cum
universa
Nobilitate
Regni
,
which
expounds
Clerus
Regni
et
Populus
.
Whence
Radulphus
de
Diceto
thus
relates
it
.
Ad
vocationem
Regis
Cantuariensis
electus
,
et
Cantuariensis
Ecclesiae
Suffraganei
,
Dunelmensis
Episc.
Abbat
.
Conventualium
locorum
Praelati
,
Comites
et
Barones
convenerunt
apud
fontem
Clericorum
15
Kal.
Apritis
.
Rex
itaque
Patriarcha
,
Magistro
sanctae
domus
hospitalis
Jerosolomi
audientibus
omnes
suos
fideles
qui
convenerant
adjurationibus
,
multis
obstrinxit
,
quatenus
proponerent
in
medio
,
quod
super
his
saluti
animae
suae
viderint
expedire
.
Ad
hoc
enim
cor
suum
inclinatum
dicebat
,
ut
quod
acciperet
ex
eorum
consilio
modis
omnibus
observaret
.
Tunc
Concilio
universo
super
praemissis
colloquenti
,
datum
est
igitur
sub
deliberatione
,
quod
esset
consultius
,
vel
quod
Rex
in
propria
sua
persona
Jerosolomitanis
succurreret
,
vel
Anglorum
regno
,
cujus
gubernationem
in
facie
Matris
Ecclesiae
dudum
susciperat
,
adhuc
praeesse
nulla
ratione
desisteret
.
Ad
illa
siquidem
tria
quae
Rex
quilibet
consecrandus
promitiit
aliqui
revocabant
.
Promittit
namque
se
praecepturum
&
opem
pro
viribus
impensurum
,
ut
Ecclesia
Dei
populusque
Christianus
veram
pacem
in
omni
tempore
servet
.
Promittit
etiam
,
quod
rapacitates
,
et
omnes
iniquitates
omnibus
gradibus
interdicet
.
Promittit
adhuc
,
quod
in
omnibus
judiciis
aequitatem
&
misericordiam
praecipiet
.
Satius
ergo
visum
est
VNIVERSIS
,
&
animae
Regis
multò
salubrius
,
quod
regnum
suum
debita
cum
moderatione
gubernet
,
et
a
barbarorum
irruptionibus
,
&
a
gentibus
externis
tu●atur
,
quam
saluti
Orientalium
in
propria
sua
persona
.
De
filiis
Regis
quidem
,
quorum
petiis
aliquem
Patriarcha
,
si
Rex
tamen
recusaret
,
quicquid
statuere
cum
essent
absentes
,
incongruum
videbatur
.
Whereupon
Heraclius
returned
,
the
Pope
and
he
by
this
advice
of
the
Nobles
being
both
deprived
of
their
hopes
:
[
*
](A56189-e27460-b)
*
Mat.
Westm.
An.
1185.
p.
58.
Rex
inito
consilio
,
responderat
,
quod
oblatum
sibi
Regnum
Hierosolomitanum
accipere
et
adire
,
et
Regnum
Anglorum
deserere
,
&
hostibus
vicinis
exponere
,
non
fuit
ut
credidit
Deo
acceptum
,
cum
sit
Deo
tam
gratum
,
tam
devotum
hoc
,
ut
illud
.
[
*
](A56189-e27490-b)
*
Mat.
Paris
,
p.
254
▪
to
276.
King
Iohn
in
the
17
year
of
his
reign
having
confirmed
the
Great
Charter
of
the
liberties
of
England
,
and
of
the
Forest
,
by
his
Seal
,
Oath
,
and
the
Popes
own
Bull
,
after
his
surrender
of
his
Crown
and
kingdom
ro
the
Pope
,
regranted
to
him
under
an
annual
tribute
,
Pope
Innocent
by
his
Bull
in
a
General
Council
held
at
Rome
,
repealed
these
Charters
of
the
King
,
as
compelled
to
grant
them
by
force
and
fear
against
his
will
;
commanding
the
King
,
under
pain
of
a
curse
and
excommunication
,
not
to
observe
,
&
the
Barons
not
to
exact
or
demand
the
said
Charters
,
or
any
obligations
or
cautions
whatsoever
,
for
or
concerning
them
,
which
he
utterly
cancelled
and
made
void
,
ut
nullo
unquam
tempore
aliquam
habeant
firmitatem
:
Writing
also
exhortatory
&
minatory
Letters
to
the
Barons
,
not
to
claim
the
said
Charters
or
Liberties
,
(
obtained
by
force
and
fear
and
therefore
not
only
vile
and
dishonest
,
but
unlawfull
and
unjust
under
pain
of
his
displeasure
and
Sentence
:
But
what
was
the
issue
,
[
*
](A56189-e27560-b)
*
Pag.
258.
Matthew
Paris
thus
records
.
Cumque
tandem
Rege
Anglorum
procurante
,
Magnates
Angliae
has
Literas
tam
commoni●oria●
quam
comminatorias
accepissent
,
Noluerunt
desistere
ab
inceptis
,
ed
adhuc
insurgentes
,
Regem
acriter
infe●tabant
,
dicendo
de
Papa
illud
propheticum
.
Vae
qui
justificatis
impium
,
&c.
The
Pope
being
informed
,
that
the
Barons
persisted
in
the
prosecution
of
their
Liberties
and
Wars
against
the
King
;
excommunicated
them
&
al
their
adherents
in
general
,
for
contemning
and
disrespecting
his
said
Papal
Decree
,
Letters
,
authority
;
and
suspended
the
Archbishop
of
Canterbury
for
siding
with
them
.
But
they
contemning
this
his
Sentence
,
and
persevering
in
their
designs
,
and
wars
,
he
thereupon
excommunicated
all
the
Barons
by
name
,
and
likewise
interdicted
them
and
their
adherents
;
which
being
published
in
most
places
in
the
Country
,
and
thereby
coming
to
the
Londoners
and
Barons
knowledge
,
they
exceedingly
slighted
his
excommunications
,
&
revi●ed
,
contemned
the
Popes
authority
in
the
highest
degree
,
(
as
[
*
](A56189-e27630-b)
*
Pag.
267
,
268.
Matthew
Paris
(
though
a
Monk
)
thus
relates
)
Excommunicationis
et
interdicti
sententias
civitas
Londinensis
,
per
contumaciam
multiplicem
adeo
contemnendo
despexit
,
quod
nec
eas
Barones
observare
,
nec
Praelati
publicare
DECREVERUNT
.
Dicebant
enim
generaliter
,
omnes
literas
falsa
suggestione
fuisse
impetratas
,
&
ideo
nullius
esse
momenti
,
&
hoc
maxime
,
quod
non
pertinet
ad
Papam
ordinatio
rerum
Laicorum
,
cum
Petro
Apostolo
,
&
ejus
successorihus
non
nisi
ecclesiasticarum
dispositio
rerum
à
Domino
sic
collatae
potestas
.
Ut
quid
ad
nos
extendit
Romanorum
●nsatiata
cupiditas
?
Quid
Episcopis
Apostolicis
et
militiae
nostrae
?
Ecce
Successores
Constantini
,
&
〈◊〉
Pe●ri
:
〈◊〉
imitantur
Petrum
in
meritis
vel
operibus
,
nec
assimulandi
sunt
in
Potestate
;
Proh
pudor
,
marcidi
ribala●
,
qui
de
armis
vel
libertate
minime
norunt
,
jam
toti
mundo
propter
excommunicationes
suas
volunt
dominari
,
ignobiles
usurarii
et
Simoniales
.
O
quantum
dissimiles
Petro
,
qui
sibi
Pe●ri
usurpant
partes
?
Sic
igitur
blasphemantes
&
recalcitrantes
,
ponentes
os
in
coelum
,
ad
interdicti
sive
Excommunicationis
sententiam
,
nullum
penitus
habentes
respectum
,
per
totam
civitatem
celebrarunt
divina
signa
,
pulsantes
&
vocibus
altisonis
modulantes
.
;
Hereupon
the
Pope
reviving
his
Excommunication
against
them
,
the
Barons
still
slighted
it
as
before
deposing
King
John
from
the
Crown
,
and
electing
Lewes
of
France
for
their
King
,
and
thus
revi●ing
the
Pope
for
siding
with
King
John
.
[
*
](A56189-e27750-b)
*
Mat.
Paris
,
p.
268.
Et
quid
de
te
Papa
?
qui
pater
sanctitatis
,
speculum
pietatis
,
tutor
justitiae
,
&
custos
veritatis
toti
mundo
deberes
lucere
in
exemplum
,
tali
consentis
,
talem
laudas
&
tueris
?
Sed
hac
causa
,
exhaustorem
pecuniae
Anglicanae
,
&
exactatorem
Nobilitatis
Britannicae
tibi
inclinantem
defendis
,
ut
in
barathrum
Romanae
avaritiae
omnia
demergantur
:
sed
haec
causa
et
excusatio
,
est
ante
Deum
,
culpa
et
accusatio
.
Et
sic
Barones
lachrymantes
&
lamentantes
,
Regem
&
Papam
maledixerunt
.
[
*
](A56189-e27780-b)
*
Mat.
Paris
,
p.
349
,
350.
Anno
1229.
the
23.
of
King
Henry
the
3.
Fecit
convenire
apud
West
monasterium
Dominica
,
qua
cantatur
,
Misericordia
Domini
,
Archiepiscopos
,
Episcopos
,
Abbates
,
Priores
,
Templarios
,
Hospitilarios
,
Comites
,
Barones
,
Ecclesiarum
Rectores
,
&
qui
de
se
tenibant
in
capite
(
but
no
elected
Knights
,
Citizens
or
Burgesses
that
we
read
of
)
ad
locum
praefixum
et
diem
;
that
they
might
hear
the
businesses
Stephen
the
Popes
Chaplain
and
Legat
had
to
propound
unto
them
from
the
Pope
,
&
de
rerum
exigentiis
communiter
tractarent
ibidem
:
Omnibus
igitur
congregatis
,
tam
Laicis
quam
Clericis
,
&
eorum
subjectis
,
Magister
Stephanus
coram
omnibus
recitavit
Literas
Domini
Papae
;
in
quibus
exigebat
Decimas
omnium
rerum
mobilium
de
tota
Anglia
,
Hibernia
,
et
Wallia
,
ab
universis
Laicis
&
Clericis
,
ad
guerram
suam
sustinendam
,
quae
contra
Romanum
Imperatorem
susceperat
Fredericum
,
ipse
solus
,
pro
Universali
Ecclesia
&c.
The
Legat
herupon
pressing
them
earnestly
to
grant
this
strange
Tenth
to
the
Pope
,
the
King
,
from
whom
all
the
rest
expected
to
have
protection
and
defence
against
it
,
becoming
formerly
bound
by
his
Proctors
to
pay
this
Tenth
,
seemed
to
give
consent
thereto
by
his
silence
.
Comites
vero
et
Barones
ac
Laici
omnes
,
An.
1239.
The
Pope
usurping
by
his
Provisions
upon
the
Barons
and
Patrons
Rights
and
Advowsons
in
England
:
Thereupon
the
Earls
,
Barons
,
and
other
Great
men
of
England
,
dolentes
se
privari
sua
Libertate
,
&
per
cupiditatem
Romanae
Ecclesiae
jure
conferendi
ecclesias
enormiter
privari
,
et
alienigenas
praecepto
Papali
illis
ditari
,
quorum
personas
et
conditiones
penitus
ignorabant
;
sent
this
notable
Letter
to
the
Pope
concerning
it
,
by
Sir
Robert
Tuinge
,
Knight
.
Valete
.
[
†
](A56189-e27980-b)
†
Mat.
Paris
p.
505.
Anno
1140.
In
octavis
vero
Epiphaniae
,
congregati
sunt
Londini
Archiepiscopi
et
Episcopi
,
cum
multis
aliis
Magnatibus
,
praesente
etiam
Legato
,
reponentes
querimoniam
coram
Rege
in
curia
sua
,
super
variis
injuriis
&
oppressionibus
&
quotidianis
desolationibus
illatis
ecclesiae
,
per
iniquum
Regis
consilium
,
contra
suas
chartas
,
&
juramenta
temere
veniendo
:
nec
patitur
suis
pastoribus
viduatas
ecclesias
,
respirare
,
sed
ut
ab
eisdem
ecclesiastica
bona
variis
argumentis
extorqueat
,
annis
plurimis
eas
in
manu
sua
detinet
,
nec
patitur
electiones
canonicas
celebrari
.
Super
quibus
injuriis
illatis
,
&
diatim
multiplicatis
,
omnes
se
asserunt
vehem●nt●r
admirari
,
cum
ipse
Rex
toties
juraverit
,
se
jura
ecclesiastica
illibata
conservare
,
ipsomet
audiente
,
&
candelam
tenente
,
quod
omnes
Episcopi
,
in
violatores
libertatum
ecclesiasticarum
,
simul
sententiam
fulminabant
:
in
cujus
sententiae
consummatione
,
Rex
,
ut
alii
,
candelam
extinxit
inclinand●
.
Et
erant
contra
Regem
in
querimonium
Episcoporum
capitula
circiter
30.
Et
eotenus
processum
est
,
quod
lata
sit
iterum
sententia
terribiliter
nimis
in
omnes
Regis
consilia●ios
,
qui
ejus
animum
ad
praedicta
enormia
conabantur
inclinare
.
In
the
[
†
](A56189-e28020-b)
†
Par.
20
H.
3.
●or
.
13.
Claus.
20
H.
3.
m.
2.
Parliamentary
Council
held
at
Merton
An.
1229.
Anno
,
20
H.
3.
cap.
9.
All
the
Bishops
(
to
set
up
the
Popes
and
their
own
Canons
above
the
Common
Law
of
England
)
earnestly
intreated
the
Lords
,
that
they
would
consent
,
that
those
who
were
born
before
matrimony
might
be
legitimare
,
as
well
as
those
born
after
mariage
,
as
to
hereditary
succession
,
because
the
Church
held
such
for
legitimate
:
et
omnes
Comites
et
Barones
una
voce
responderunt
,
nolumus
leges
Angliae
mutare
,
quae
hucusque
usitatae
sunt
&
approbatae
.
Upon
which
[
†
](A56189-e28090-b)
†
2
Inst.
p.
79.
Sir
.
Edw
Cook
observes
;
That
the
Nobility
of
England
,
have
ever
had
the
Laws
sf
England
in
great
estimation
and
reverence
,
as
their
best
birthright
.
[
*
](A56189-e28140-b)
*
Mat.
Paris
,
p.
623
,
624
,
625.
Mat.
Westm.
p.
177.
Anno
1244.
the
28
of
Henry
the
third
,
Pope
Innocent
sent
one
Martin
his
Legate
into
England
,
with
letters
,
demanding
a
large
contribution
from
the
Prelates
,
Abbats
and
Clergy
,
to
be
speedily
collected
as
he
should
direct
;
which
coming
to
the
knowledge
of
all
the
Lords
,
and
Great
men
,
omnes
ad
Praelatos
accesserunt
,
ut
uno
per
omnia
consilio
uterentur
,
quia
hoc
negotium
generalem
statum
Regni
contingebat
.
Whereupon
all
the
Prelates
by
the
Lords
advice
and
encouragement
denied
to
grant
the
Pope
any
aid
at
all
,
&
sic
soluto
Concilio
recesserunt
.
[
*
](A56189-e28240-b)
*
Mat.
Westm.
An.
1244.
p.
180
,
181.
Moreover
this
same
year
,
Romana
Ecclesia
rubore
deposito
,
tempore
novi
Papae
Innocentii
4.
non
cessabat
provisiones
cotidianas
,
redditus
impudenter
extorquere
a
via
antecessorum
suorum
non
exorbitando
,
imo
manum
super
omnes
aggravando
.
Exiit
,
igitur
murmur
licet
sero
,
in
cordibus
Anglorum
diu
conceptum
et
retentum
,
in
manifestam
querimoniam
,
et
quasi
parturientes
loqui
,
non
poterant
amplius
se
continere
.
Patientia
enim
eorum
desidiosa
erat
,
&
humilitas
infructuosa
est
,
imo
potius
&
damnosa
,
et
ipsa
abutebatur
,
Romana
protervitas
insatiabilis
.
Et
in
unum
convenientes
totius
Regni
Nobiles
,
Regem
efficacissime
super
hoc
con●en●rum
▪
asserentes
se
malle
mori
quam
amplius
tales
enormitates
tollerare
:
Non
enim
eorum
,
neque
antecessorum
suorum
intentio
fuit
,
quando
contulerint
bona
viris
religiosis
,
et
aliis
locis
,
pia
consideratione
constructis
,
ut
ipsa
ad
a●bitrium
Papae
viris
Italicis
ignotis
,
et
eis
quos
noverant
Simoniis
&
usuris
pollutos
,
&
viciis
multimodis
,
quibus
non
est
cura
praedicatio
vel
hospitalitas
Christi
fidelibus
impendenda
,
contribuerent
.
Rex
igitur
non
mediocriter
ad
iram
provocatus
,
sciens
ac
sentiens
talibus
queremoniis
ines●e
veritatem
,
scripsit
Domino
Papae
verbis
humilibus
&
efficacissimis
,
ut
talia
studeret
paterna
solicitudine
corrigere
.
[
*
](A56189-e28300-b)
*
Mat.
Paris
,
p.
638
,
639.
Mat.
Westm.
An.
1245.
The
next
year
,
Anno
1245.
This
Martin
violently
seising
on
the
lands
and
profits
of
divers
Churches
and
religious
persons
,
"
prorerva
&
injuriosa
authoritate
,
wherein
the
King
protected
him
against
all
men
,
whereby
the
condition
of
the
Realm
became
most
miserable
:
thereupon
urgente
igitur
necessitate
totius
Regni
Angliae
maxime
,
praeceptum
est
ab
ipso
tempore
EX
PARTE
ALIQUORUM
MAGNATUM
,
pro
multiformi
,
et
incessabile
oppressionne
,
et
depraedatione
Regni
dolentium
et
miserantium
,
&
diligenter
die
&
nocte
custoditis
omnibus
partibus
Angliae
,
PAPALES
LITERAE
quae
quotidie
ad
emungendam
pecuniam
portabantur
caperentur
.
Wherupon
the
Governour
of
Dover
took
one
of
the
Popes
Posts
laden
with
such
Bulls
and
Letters
to
exact
monies
by
divers
means
,
as
he
arrived
at
Dover
,
and
took
away
all
his
Bulls
and
Letters
,
as
he
was
commanded
by
the
Lords
,
imprisoning
the
Post
in
Dover
Castle
:
whom
the
King
upon
Martins
complaint
released
,
causing
the
Letters
and
Bulls
to
be
restored
to
him
"
in
perniciem
Regni
,
et
Honoris
sui
.
Hereupon
the
Barons
and
Lords
assembled
at
Laiton
and
Dunstable
at
Torneyes
,
and
from
thence
sent
one
Fulco
to
Martin
,
residing
in
the
New
Temple
at
London
,
commanding
him
presently
to
depart
the
Realm
,
or
else
he
and
all
his
should
be
hewn
in
pieces
within
3
days
:
who
thereupon
repairing
to
the
King
for
protection
,
and
demanding
whether
this
were
done
by
his
direction
?
The
King
answered
,
no
,
Sed
BARONES
MEI
vix
se
continent
,
quin
consurgant
in
me
,
eo
quod
tuas
in
Regno
meo
&
eorundem
quae
●us
&
modum
excedunt
depredationes
&
injurias
hactenus
tolleravi
:
Quorum
etiam
furorem
vix
compescui
,
quin
et
in
te
i●ruentes
te
membratim
non
dilacerarent
.
Upon
which
Martin
demanding
that
the
Marshal
might
convoy
him
safe
to
the
Seaside
,
●●ed
with
great
hast
and
fear
out
of
England
.
After
which
the
king
coming
to
himself
,
and
discerning
his
Error
,
by
the
advice
of
all
the
Nobility
of
the
Realm
,
there
was
an
elegant
Epistle
written
,
wherein
the
over-execrable
exactions
of
the
Pope
,
and
the
manifold
exactions
of
his
Legates
,
and
of
certain
men
exercising
an
unheard
of
power
,
were
contained
:
wherwith
6
Noble
and
discreet
men
elected
by
the
Parliament
and
universality
,
were
sent
to
the
Council
of
Lyons
,
gravem
super
his
SUPER
EXACTIONE
TRIBUTI
,
IN
QUOD
NUNQUAM
CONSENSIT
REGNI
UNIVERSITAS
,
coram
Concilio
querimoniam
reposituri
,
et
talium
releuamen
onerum
importabilium
Regno
Angliae
miserecorditer
impendi
rogaturi
.
The
Proxi●s
of
the
Parliament
,
and
universality
of
England
arriving
at
the
Council
of
Lyons
,
by
[
*
](A56189-e28520-b)
*
Mat.
Paris
p.
646
,
647
,
648.
Mat.
West
.
An.
1245.
William
de
Poweric
,
their
Proctor
,
propounded
their
grievances
,
complaining
,
That
in
time
of
War
a
Tribute
was
injuriously
extorted
by
the
Court
of
Rome
,
Quod
nunquam
Patres
Nobilium
Regni
,
vel
ipsi
consenserunt
,
nec
consentiunt
,
neque
in
futurum
consentient
,
unae
sibi
petunt
exhiberi
justit
am
cum
remedio
.
Ad
quod
Papa
(
there
present
)
nec
oculos
elevans
,
nec
vocem
,
verbum
non
respondit
.
[
†
](A56189-e28590-b)
†
Ypodigmae
Neustriae
,
p.
60.
Thomas
of
Walsingham
adds
,
That
the
Messengers
sent
to
the
Council
by
the
king
de
Consilio
Praelatorum
,
Comitum
,
Baronum
,
were
purposely
sent
ut
concessioni
Regis
Johannis
de
censu
annuo
pro
Anglia
&
Hibernia
contradicerent
,
eo
quod
de
Regni
assensu
non
processerat
,
[
*
](A56189-e28660-b)
*
Mat.
Westm.
p.
191.
Sed
et
per
Archiepiscopum
C●ntuariensem
fuerat
reclamatum
vice
totius
Regni
.
Sed
Papa
hoc
indigere
morosa
deliberatione
respondens
:
negotium
posuit
in
suspenso
.
This
detestable
Charter
of
King
John
being
burnt
amongst
his
writings
in
this
Council
,
as
was
reported
,
in
the
Popes
own
Chamber
there
casually
set
on
fire
.
After
which
Poweric
delivered
to
the
Council
the
foresaid
to
the
Pope
,
concerning
the
manifold
extortions
,
innovations
,
oppressions
of
the
Church
of
Rome
exercised
in
England
,
there
recorded
at
large
,
and
worthy
perusal
:
The
close
of
which
Epistle
of
all
the
Barons
,
is
this
.
That
although
the
King
being
a
Catholike
Prince
,
&c.
would
continue
in
the
obedience
of
the
See
and
Church
of
Rome
,
and
seek
the
increase
of
her
honour
and
profit
,
jure
tamen
Regio
,
dignitateque
Regia
plenius
conservatis
.
Nos
tamen
qui
in
negotiis
suis
por●amus
pondus
dierum
et
aestum
et
quibus
una
cum
ipso
Domino
Rege
,
intendere
conservationi
Regni
diligenter
incumbi
,
dictas
oppressiones
,
Deo
et
hominibus
detestabiles
,
&
gravamina
nobis
in
oleribili●
,
non
possumus
aequanimiter
tolerare
,
nec
per
Dei
gratiam
amplius
tolerabimus
:
Placeat
igitur
Paternitati
vestrae
hanc
●upo●icationem
nostram
taliter
exaudire
,
quod
a
Magnatibus
et
universitate
Regni
Angliae
,
tanquam
a
filiis
in
Christo
chatissimis
,
specia●es
gratias
debeatis
merito
reportare
.
The
Pope
refusing
to
give
any
answer
or
redress
thereunto
,
at
last
through
their
importunity
,
be
granted
divers
privileges
to
the
Churches
,
Prelates
,
and
Nation
of
England
,
ten●ing
towards
a
reformation
of
their
grievances
;
but
yet
contrary
thereunto
,
increased
their
grievances
instead
of
redressing
them
;
whereupon
[
*
](A56189-e28810-b)
*
Mat.
Paris
,
p.
674
,
675
,
677
,
678
,
679
,
680.
Mat.
Westm.
An.
1246.
p.
206
,
207.
&c.
Anno
Dom.
1246.
the
30
of
Henry
the
3.
by
the
Nobles
sollicitation
,
Medio
quadragessimae
edicto
Regio
convocato
convenit
ad
Parliamentum
generalissimum
totius
Regni
Anglicani
totalis
Nobilitas
Londini
,
videlicet
,
Praelatorum
,
tam
Abbatuum
et
Priorum
,
quam
Episcoporum
,
Comitum
quoque
&
Baronum
,
(
without
any
Knights
,
Citizens
,
or
Burgesses
chosen
by
the
people
to
represent
them
in
it
)
ut
de
statu
Regni
jam
vaci
lantis
,
efficaciter
,
prout
exigit
urgens
necessitas
contractarent
.
Angebat
enim
eos
gravamen
intollerale
,
a
Curla
Romana
incessanter
illatum
,
quod
non
poterant
sine
Nota
desidiae
,
et
imminen●e
ruina
tolerare
,
quod
Papa
promissionis
suae
transgressor
,
gravius
quam
ante
eorum
querimoniam
,
manum
diatim
exasperans
,
aggravabat
,
et
hoc
quasi
per
contemptum
,
&c.
These
Grievances
they
drew
up
into
7.
Articles
,
which
were
read
in
and
approved
by
the
Parliament
,
this
being
the
tenor
of
them
.
Gravatur
regnum
Angliae
,
ex
eo
quod
Dominus
Papa
,
non
est
contentus
subsidio
illo
quod
vocatur
Denarius
beati
Petri
,
sed
à
toto
Clero
Angliae
,
gravem
extorquet
contributionem
,
&
adhuc
multa
graviora
nititur
extorquere
;
&
hoc
facit
sine
domini
Regis
assensu
,
vel
consensu
,
contra
antiquas
Consuetudines
,
Libertates
,
et
regni
jura
,
et
contra
appellationem
et
contradictionem
Procuratorum
Regis
&
Regni
in
generali
Concilio
factam
.
Item
,
gravatur
Ecclesia
et
Regnum
,
eo
quod
Patroni
eccle●iarum
ad
eas
cum
vacaverint
,
clericos
idoneos
praesentare
non
●ossunt
,
prout
Dominus
Papa
eis
per
literas
suas
concessit
,
sed
●onferuntur
Ecclesiae
Romanis
,
qui
penitus
idioma
regni
ignorant
,
in
periculum
animarum
,
et
extra
Regnum
pecuniam
asportant
,
illud
ultra
modum
depauperando
.
Item
,
gravatur
in
Provisionibus
à
Domino
Papa
factis
,
in
pensionibus
exigendis
,
contra
literarum
suarum
tenorem
,
in
quibus
continetur
,
quod
ex
omnibus
retentionibus
factis
in
Anglia
,
non
intendebat
conferre
,
nisi
12
beneficia
post
praedictarum
literarum
confectionem
;
sed
credimus
multa
plura
Beneficia
ab
eodem
postea
esse
collata
,
et
provisiones
factas
.
Item
,
gravatur
quod
Italicus
Italico
succedit
,
et
quod
Anglici
extra
Regnum
in
causis
auctoritate
Apostolica
trahuntur
,
contra
Regni
consuetudines
,
contra
jura
scripta
,
eo
quod
inter
inimicos
convenire
non
debent
,
&
contra
Indulgentias
à
praedecessoribus
domini
Papae
,
Regi
&
regno
Angliae
concessas
.
Item
,
gravatur
ex
multiplici
adventu
illius
infamis
nuncii
,
NON
OBSTANTE
,
per
quem
Juramenti
religio
,
consuetudines
antiquae
;
Scripturarum
vigor
,
concessionum
auctoritas
,
statuta
,
jura
et
privilegia
debilitantur
et
evanescuut
:
quod
infiniti
de
regno
Angliae
oppressi
sunt
graviter
&
afflicti
,
nec
se
Dominus
Papa
versus
Regnum
Angliae
in
plenitudine
suae
potestatis
revocanda
,
curialiter
ita
vel
moderate
gerit
,
prout
Procuratoribus
Regni
ore
tenus
dederat
in
promissis
.
Item
,
gravatur
in
tallagiis
generalibus
,
collectis
et
assisis
sine
Regis
assensu
et
voluntate
factis
,
contra
appellationem
et
contradictionem
Procuratorum
Regis
&
Universitatis
Angliae
.
Item
gravatur
,
eo
quod
in
beneficiis
Italicorum
,
nec
jura
,
nec
pauperum
sustentatio
,
nec
hospitalitas
,
nec
divini
verbi
praedicatio
,
nec
ecclesiarum
utilis
ornatus
,
nec
animarum
cura
,
nec
in
ecclesiis
divina
sunt
obsequia
,
prout
decet
et
moris
est
patriae
,
sed
in
aedificiis
suis
parietes
cum
tectis
corruunt
,
et
penitus
lacerantur
.
Upon
the
reading
of
these
Articles
,
all
and
every
one
agreed
to
send
both
[
*
](A56189-e29060-b)
*
Mat.
Westm
▪
p.
207
,
solemn
Letters
and
Messengers
to
the
Pope
,
and
humbly
to
intreat
him
to
remove
these
intollerable
Grievances
and
yoaks
of
bondage
;
all
the
Abbots
and
Priors
by
themselves
,
the
Bishops
by
themselves
,
the
King
by
himself
,
and
all
the
Earls
and
Barons
by
themselves
,
in
their
own
names
,
and
of
the
whole
Clergy
and
people
of
England
,
writing
several
Letters
to
the
Pope
for
this
end
,
●ecorded
in
Matthew
Paris
;
that
of
the
Lords
being
very
memorable
,
I
shall
here
insert
.
[
*
](A56189-e29110-b)
*
Mat.
Paris
,
p.
679.
Sanctissimo
Patri
,
&c.
Devoti
filii
,
Comes
Cornubiae
R.
S.
de
Monte
Forti
Comes
Legrecestriae
,
H.
de
Boun
Comes
Herefordiae
&
Essexiae
,
R.
de
Bigod
Comes
Norfolciae
,
R.
Comes
Gloverniae
&
Herefordiae
,
R.
Comes
Wintoniae
.
W.
Comes
Albemarliae
,
Comes
Oxoniensis
&
alii
totius
Angliae
Barones
,
Proceres
et
Magnates
ac
Nobiles
;
portuum
maris
habitatores
,
necnon
et
Clerus
et
Populus
universus
,
salutem
,
&
debitam
tanto
Pontifici
in
omnibus
reverentiam
.
Sic
mater
ecclesia
tenetur
filios
suos
confovere
,
ipsos
sub
alas
suas
congregando
,
ut
filii
sui
non
degenerent
in
obsequio
matris
suae
,
sed
pro
matre
,
si
necesse
fuerit
,
manum
suam
mittant
ad
fortia
,
&
arma
et
scutum
assumentes
pro
defensione
sua
cuilibet
discrimini
se
opponat
,
de
cujus
uberibus
lac
sugunt
consolationis
,
et
ad
ipsius
dependent
ubera
pietatis
.
Mater
enim
filiorum
uteri
sui
debet
reminisci
,
ne
si
secus
fiat
,
lactis
pabulum
subtrahendo
videatur
novercari
.
Pater
etiam
à
filiis
suam
subtrahens
pietatem
,
non
Pater
,
sed
vitricus
merito
debet
appellari
,
cum
filios
naturales
spurios
deputat
aut
privignos
.
Idcirco
Pater
reverende
,
currus
Israel
et
auriga
ejus
,
ad
asylum
vestrae
pietatis
recurrimus
confidenter
,
clamantes
post
vos
.
Implorantes
etiam
humi●iter
et
devote
,
quatenus
ob
spem
retributionis
divinae
,
voces
clamantium
post
vos
dignemini
misericorditer
exaudire
,
&
gravaminibus
,
injuriis
et
oppressionibus
regno
Angliae
,
&
domino
nostro
Regi
multipliciter
impositis
ac
illatis
,
velitis
salubre
remedium
adhibere
.
Alioquin
necesse
est
ut
veniant
scandala
,
clamore
populi
tam
Dominum
Regem
,
quam
nos
intollerabiliter
impellente
.
Quoniam
nisi
de
gravaminibus
domino
Regi
&
regno
illatis
,
Rex
&
regnum
citius
liberentur
,
Oportebit
nos
ponere
murum
pro
domo
Domini
et
Libertate
regni
.
Quod
quidem
ob
Apostolicae
sedis
reverentiam
hucusque
facere
distulimus
,
nec
ultra
reditum
nunciorum
nostrorum
,
qui
propter
hoc
ad
redem
Apostolicam
mittentur
,
Dissimulare
pocerimus
,
quia
regni
Angliae
tam
Clero
quam
Populo
,
qui
talia
nullatenus
sustinebunt
,
pro
viribus
nostris
subveniamus
.
Et
nisi
citius
praedicta
per
vos
corrigantur
,
pro
certo
teneat
Sanctitas
vestra
,
quod
non
immerito
teneri
potest
,
quod
tam
Ecclesiae
Romanae
,
quam
Domino
regi
tale
periculum
immanebit
,
quod
eidem
remedium
,
quod
absit
,
de
facile
non
poterit
adhiberi
.
The
King
in
the
mean
time
,
by
the
Lords
advice
,
sent
this
Prohibition
to
the
Clergy
,
not
to
pay
any
Tax
or
Tallage
to
the
Pope
;
[
*
](A56189-e29190-b)
*
Mat.
Westm.
An.
1146.
p.
208.
H.
Dei
gratia
&c.
Venerabili
in
Christo
tali
Episcopo
salutem
.
Licet
aliâs
vobis
scripserimus
,
semel
secundo
,
&
tertio
,
tam
per
literas
nostras
clausas
,
quam
patentes
,
ne
ad
opus
domini
Papae
vel
alterius
tallagium
aliquod
vel
auxilium
exigeritis
à
viris
Religiosis
,
clericis
vel
laicis
,
cum
nullum
hujusmodi
tallagium
vel
auxilium
exigi
possit
vel
consueverit
sine
magno
praejudicio
Regiae
dignitatis
,
quod
nullo
modo
poterimus
aut
volumus
sustinere
:
Vos
tamen
mandatum
nostrorum
in
hac
parte
co●emnentes
,
contra
provisionem
per
Magnates
nostros
,
tam
Praelatos
quam
Comites
et
Barones
factam
in
Concilio
nostro
Londoniensi
:
&
concessam
exactionem
faciatis
memoratam
,
super
quo
miramur
plurimum
&
movemur
,
praesertim
cum
facto
vestro
proprio
non
erubescitis
contraire
,
cum
vos
&
alii
Praelati
in
praedicto
Concilio
communiter
concesseritis
,
quod
nihil
de
exactione
hujusmodi
faceretis
,
donec
nuncii
nostri
&
vestri
,
necnon
&
aliorum
Magnatum
nostrorum
&
totius
universitatis
regni
nostri
à
curia
Romana
redirent
,
qui
pro
liberatione
oppressionum
ad
curiam
illam
,
sicut
nostis
,
fuerant
specialiter
destinati
.
Vobis
igitur
mandatis
inculcatis
mandamus
injungentes
,
firmius
&
districtius
inhibentes
,
ne
ad
exactionem
praedicti
tallagii
vel
auxilii
faciendam
aliquatenus
procedatis
,
sicut
gaudere
desideratis
Baronia
vestra
&
possessionibus
vestris
,
quas
in
regno
nostro
tenetis
.
Et
si
quid
inde
cepistis
,
extra
regnum
nostrum
asportari
nullatenus
permittatis
,
sed
illud
salvo
custodiri
faciatis
usque
ad
reditum
nunciorum
praedictorum
,
indubitanter
scituri
,
quod
si
secus
egeritis
,
nos
ad
possessiones
vestras
manum
gravaminis
,
ultra
quam
credere
velitis
,
extendemus
.
Hanc
autem
inhibitionem
vobis
in
jungimus
faciendam
Archidiaconis
&
officialibus
vestris
,
quam
quidem
pro
libertate
cleri
&
populi
facimus
,
novit
Deus
,
&c.
The
[
*
](A56189-e29230-b)
*
Mat.
Paris
,
p.
687.
Messengers
sent
with
these
Letters
to
the
Court
of
Rome
returning
thence
,
thereupon
the
same
year
,
Die
translationis
beati
Thomae
Martyris
habitum
est
MAGNUM
CONCILIUM
inter
Regem
et
REGNI
MAGNATES
apud
Wintoniam
:
Wherein
,
Nuncii
memorati
,
verba
Papalia
,
qui
nihil
mitigationis
,
imo
potius
exasperationis
tenorem
continebant
nunciantes
,
&
affirmantes
,
quod
nec
in
gestu
vel
verbis
Papalibus
aliquid
humilitatis
vel
moderationis
super
oppressionibus
quibus
tam
Regnum
quam
Ecclesia
Anglicana
gravabatur
et
conquesta
est
,
poterant
reperire
.
Dixerat
enim
Papa
,
illis
aliquod
optabile
responsum
expectantibus
;
Rex
Anglorum
qui
jam
recalcitrat
et
Frederizar
,
suum
habet
consilium
,
ego
vero
meum
habeo
,
quod
et
sequar
.
Et
ex
tunc
vix
aliquis
Anglicus
in
Curia
negotium
aliquod
poterat
expedire
,
imo
velut
scismatici
repellabantur
omnes
,
probris
lacessiti
.
Haec
autem
cum
audisset
Dominus
Rex
cum
Magnatibus
suis
,
commotus
est
vehementer
&
merito
,
praecepitque
voce
praeconia
in
omnibus
Comitatibus
,
per
omnes
villas
et
terras
,
et
congregationes
publice
acclatuari
,
Ne
quis
per
regnum
Papali
contributioni
consentiret
,
vel
aliquid
pecuniae
in
auxilium
ejus
transmitteret
.
Quod
factum
est
.
Illud
autem
cum
audi●et
Papa
,
in
vehementem
iram
excanduit
,
&
iterato
asperius
Praelatis
scripsit
Anglicanis
,
ut
sub
poena
excommunicationis
&
suspensionis
,
infra
festum
Assumptionis
,
nuncio
suo
apud
novum
Templum
Londini
commoranti
,
de
praedicto
auxilio
satisfacerent
.
Et
cum
constanter
pararetur
,
dominus
Rex
stare
pro
regni
et
Ecclesiae
liberatione
(
comminationibus
Comitis
Richardi
fratris
sui
,
et
quorundam
Episcoporum
,
quorum
principalis
erat
Wigorniensis
,
cui
a
Domino
Papa
concessa
fuit
potestas
terram
etiam
,
ut
perhibebatur
,
interdicendi
,
)
fractus
succubuit
et
perterritus
.
Unde
totus
conatus
tam
Magnatum
quam
Episcoporum
,
et
spes
de
regni
et
ecclesiae
Anglicanae
liberatione
miserabiliter
,
&
non
sine
multorum
cordium
cruento
dolore
,
emarcuit
adnihilatus
,
et
impune
hiatibus
Romanae
a
varitiae
de
memorata
contributione
est
satisfactum
.
[
*
](A56189-e29340-b)
*
Mat.
Paris
,
p.
694.
The
Pope
hereupon
taking
more
boldness
than
before
to
trample
the
English
Prelates
&
Clergy
under
his
feet
,
&
fleece
them
;
imperiose
&
solito
imperiofius
Praelatis
Angliae
demandavit
,
ut
in
Anglia
omnes
beneficiati
,
in
suis
beneficiis
residentiam
facientes
,
tertiam
partem
bonorum
suorum
Domino
Papae
conferrent
,
non
facientes
residentiam
,
dimidiam
,
multis
adjectis
durissimis
conditionibus
praedictum
mandatum
restringentibus
,
per
illum
verbum
,
et
adjectionem
detestabilem
,
NON
OBSTANTE
,
quae
omnem
extinguit
justitiam
praehabitam
.
The
Bishops
assembling
in
convocation
to
exact
it
,
the
King
thereupon
(
by
his
Nobles
advice
and
instigation
)
sent
Sir
John
de
Lexeton
a
Knight
,
and
Lawrence
St.
Marin
his
Clark
to
them
,
strictly
commanding
them
in
the
kings
behalf
,
not
to
consent
by
any
means
to
this
contribution
demanded
by
the
Pope
,
to
the
desolation
of
the
English
kingdom
.
The
next
year
1247.
[
*
](A56189-e29400-b)
*
Mat.
Paris
,
p.
697
,
698
,
706
,
707.
Mat.
Westm.
p.
220
,
221
,
223.
Vrgente
Papali
mandato
redivivo
de
importabili
contributione
Papali
praetacta
,
ad
quam
Episcopi
in
generali
Concilio
Clerum
infeliciter
obligarent
,
fecit
Dominus
Rex
MAGNATES
SUOS
,
nec
non
et
Angliae
Archidiaconos
per
scripta
sua
Regia
Londini
convocari
.
Quo
cum
pervenissent
die
ptaefixo
,
Episcopi
omnes
sese
gratis
absentarunt
,
ne
viderentur
propriis
factis
eminus
adversari
.
Sciebant
enim
corda
omnium
usque
ad
animae
amaritudinem
sauciri
.
Convenerunt
tunc
ibidem
Archidiaconi
Angliae
,
nec
non
,
et
totius
regni
Cleri
pars
non
minima
CUM
IPSIS
MAGNATIBUS
,
conquerentes
communiter
super
intolerabilibus
&
frequentibus
exactionibus
Domini
Papae
,
pro
quibus
&
Dominus
Rex
non
mediocriter
compatiendo
tristabatur
.
Res
enim
publica
periclatabatur
,
et
commune
negotium
regni
totius
agebatur
,
&
imminebat
tam
populi
quam
cleri
inanis
desolatio
et
cunctis
temporibus
inaudita
.
After
long
consultation
,
the
King
and
Nobles
by
common
advise
resolved
,
to
send
a
remonstrance
of
all
their
grievances
,
together
with
Letters
,
in
the
name
of
the
whole
Parliament
and
kingdom
,
to
the
Pope
and
his
Cardinals
,
speedily
to
redress
them
;
which
Letters
they
sealed
with
the
Common
Seal
of
the
City
of
London
,
&
thereby
obtained
some
shew
of
redress
,
of
their
grievances
,
which
the
Nobles
further
prosecuted
and
complained
of
in
another
Parliament
the
selfsame
year
.
[
*
](A56189-e29460-b)
*
Mat.
Westm.
p.
222.
Dominus
Rex
comperiens
regnum
suum
enormiter
undique
"
periclitari
(
by
the
Popes
,
exactions
,
taxes
,
oppositions
)
"
jussit
OMNEM
TOTIUS
REGNI
NOBILITATEM
CONVOCARI
,
ut
de
statu
ipsius
tam
manifeste
periclitantis
Oxoniae
contrectarent
.
Praelatos
autem
ad
hoc
Parliamentum
vocavit
anxius
,
quia
videbat
eos
tam
frequenter
per
Papul●s
extortiones
depauperari
,
quod
frequentia
consuetudinem
,
&
regni
ruinam
manifeste
minabatur
.
Sperabatur
igitur
communiter
aliquod
salubre
Ecclesiae
,
et
universitati
ibi
statuendum
,
quod
tamen
omnes
fefellit
,
through
the
Prelates
and
Clergies
cowardise
,
and
the
kings
overmuch
compliance
with
the
Pope
,
the
Nobles
only
continuing
constant
in
their
oppositions
against
these
papal
exactions
and
enormities
,
being
more
zealous
for
the
Churches
Clergies
&
Prelates
liberties
,
against
the
Popes
intolerable
exactions
,
oppressions
,
incroachments
,
than
they
themselves
,
and
the
only
persons
who
manfully
and
constantly
maintained
them
,
when
the
King
,
Prelates
and
Clergy
through
fear
,
cowardise
and
treachery
betrayed
and
deserted
them
.
[
*
](A56189-e29500-b)
*
Mat.
Westm.
p.
326.
Anno
1264.
Pope
Urban
being
much
incensed
against
the
BARONS
spoiling
the
goods
of
Ecclesiastical
persons
,
who
were
Aliens
advanced
by
his
provisions
,
said
,
That
he
desired
to
live
no
longer
but
till
he
had
subdued
the
English
;
whereupon
he
sent
a
Legate
towards
England
,
a
great
Person
,
to
wit
Sabin
a
Bishop
Cardinal
,
to
interdict
the
Land
and
excommunicate
THE
BARONS
the
oppugners
of
his
Provisions
.
But
when
he
would
have
entred
England
,
he
found
he
could
not
safely
do
it
,
by
reason
of
the
Barons
resistance
;
Whereupon
citing
some
Bishops
of
the
Realm
first
to
Ambayonne
,
and
afterwards
to
Bononia
,
Sententiam
excommunicationis
et
interdictionis
super
Civitatem
Londoniae
et
5.
Portus
,
necnon
&
quasdam
personas
illustres
ET
NOBILES
REGNI
fulminatum
,
commisit
exequendam
.
At
illi
Sententiam
illam
contra
justitiam
illatam
attendentes
,
appellarunt
ad
Papam
,
ad
meliora
tempora
,
vel
ad
generale
Concilium
,
necnon
et
supremū
judicē
,
certis
de
causis
et
rationibus
commendabilibus
:
Quae
postea
appellatio
,
in
Anglia
congregato
apud
Radingum
Concilio
recitata
est
,
et
ab
Episcopis
et
Clero
approbata
et
executa
.
Interdictum
autem
,
licet
inviti
suscipientes
a
Legato
praedicti
Episcopi
secum
detulerunt
.
Sed
cum
applicuissent
Doveriae
,
scrutinio
ex
more
in
portu
facto
,
int●●●eptum
est
a
Civibus
,
et
in
minutias
dilaneatum
jactatur
in
mare
.
So
little
did
they
then
regard
,
and
so
much
detest
and
scorn
the
Popes
unjust
Interdict
in
so
just
a
cause
.
An.
2
E.
1.
Rot.
Fin.
m.
9.
in
Sched
.
Cook
4
Inst.
p.
13.
Pope
Gregory
by
his
Letters
demanding
the
rent
of
1000.
marks
by
the
year
of
K.
Ed.
the
1.
reserved
for
England
,
upon
his
regranting
the
Realm
to
King
John
,
the
king
writ
thus
to
him
:
Se
sine
PRAELATIS
ET
PROCERIBUS
REGNI
NON
POSSE
RESPONDERE
,
&
quod
jurejurando
in
coronatione
sua
fuit
astrictus
,
QVOD
JURA
REGNI
SUI
SERVARET
ILLIBATA
,
nec
aliquid
quod
Diadema
tangit
Regni
ejusdem
,
absque
ipsorum
requisitus
consilio
facere
.
And
the
Parliament
being
ended
,
he
could
doe
nothing
without
them
:
who
afterwards
gallantly
opposed
his
usurpations
,
as
will
appear
by
this
following
president
[
*
](A56189-e29750-b)
*
Walsingham
Hist.
Angl.
p.
48.
to
56.
Ypodig
.
Neustriae
,
p.
88.
to
95.
Mat.
Westm.
p.
435
,
436.
King
Edward
the
1.
in
the
29.
year
of
his
reign
,
being
summoned
by
the
Pope
,
by
himself
or
his
Proctors
to
declare
his
right
to
the
Realm
of
Scotland
in
his
Court
at
Rome
,
where
he
should
receive
justice
concerning
it
.
The
King
thereupon
called
a
Parliament
to
consult
about
it
:
where
he
refused
to
return
any
answer
by
himself
,
but
committed
it
to
the
Earls
and
other
Lords
of
the
Land
to
return
the
Pope
an
answer
thereunto
.
Who
making
a
large
and
learned
Historical
Remonstrance
of
the
subjection
of
Scotland
and
her
Kings
to
the
Kings
of
England
,
and
of
their
Homage
done
to
them
in
all
ages
as
their
Soveraign
Lords
,
sent
it
to
the
Pope
,
with
this
notable
Letter
signed
(
as
Mat.
Westminster
and
[
*
](A56189-e29830-b)
*
2
Institutes
,
p.
98.
Sir
Edward
Cook
inform
us
)
with
no
less
than
100
Seals
of
Arms
of
Earls
and
Barons
,
in
the
name
of
the
whole
Parliament
and
Kingdom
.
Sancta
Romana
Ecclesia
,
per
cujus
ministerium
fides
Catholica
in
suis
artibus
;
cum
ea
ut
firmiter
credimus
et
teneamus
maturitate
procedit
,
quod
nulli
praejudicare
,
sed
singulorum
jura
conservari
velit
illaesa
.
Sane
convocato
nuper
per
Serenissimum
Dominum
nostrum
▪
Edwardum
,
Dei
gratia
regem
Angliae
illustrem
,
Parliamento
apud
Lincolniam
generali
,
idem
Dominus
noster
quasdam
literas
Apostolicas
,
quas
super
certis
negotiis
conditionem
et
statum
Regni
ex
vestra
parte
receperat
in
medio
exhiberi
,
ac
seriose
nobis
fecit
exponi
.
Quibus
auditis
&
diligenter
intellectis
,
ita
sensibus
admiranda
quam
hactenus
inaudita
in
eis
audivimus
contineri
.
Scimus
enim
Pater
sanctissime
,
et
notorium
in
partibus
nostris
,
ac
nonnullis
aliis
non
ignotum
,
quod
à
prima
institutione
Regni
Angliae
,
Reges
ejusdem
regni
,
tam
temporibus
Britonum
,
quam
Anglorum
,
superius
&
directum
Dominium
regni
Scotiae
habuerunt
in
possessione
,
vel
capitanei
superioritatis
et
recti
Dominii
ipsius
Scotiae
successivis
temporibus
habuerunt
,
nec
ullis
temporibus
ipsum
regnum
in
temporalibus
pertinuit
,
vel
pertinet
quovismodo
ad
Ecclesiam
supradictam
.
Quinimo
idem
Regnum
Scotiae
dicti
Regni
nostri
Regibus
Angliae
atque
sibi
faeodale
extitit
ab
ant●quo
.
Nec
etiam
Reges
Scotorum
&
Regnum
,
aliis
quam
Regibus
Angliae
subfuerunt
,
vel
subjici
consueverunt
,
neque
Reges
Angliae
super
juribus
suis
in
regno
praedicto
,
aut
aliis
suis
temporalibus
,
coram
aliquo
judice
ecclesiastico
vel
saeculari
,
ex
Praeeminentia
status
suae
Regiae
dignitatis
et
consuetudinis
cunctis
temporibus
irrefragabiliter
observatae
responderunt
,
aut
respondere
debebant
.
Vnde
habito
tractatu
et
deliberatione
diligenti
super
contentis
in
Literis
vestris
memoratis
,
communis
,
concors
,
&
unanimus
omnium
nostrum
et
singulorum
consensus
fuit
,
et
erit
inconcusse
Deo
propitio
in
futurum
,
Ghostly
Father
.
Anno
1307.
King
Edward
the
1.
[
*
](A56189-e29980-b)
*
Mat.
Westm.
p.
463
,
464.
held
a
Parliament
ar
Carlisle
,
in
quae
per
Majores
regni
graves
deposita
sunt
querimoniae
de
oppressionibus
Ecclesiarum
et
Monasteriorum
multiplicibus
extortionibus
pecuniarum
,
per
Clericum
Domini
Papae
,
Magistrum
Gulihelmum
de
Testa
noviter
in
regnum
inductis
;
praeceptumque
est
eidem
clerico
DE
ASSENSU
COMITUM
&
BARONUM
,
ne
de
caetero
talia
exequatur
;
Ordinatum
etiam
erat
quod
pro
remedio
super
hiis
obtinendo
,
ad
dominum
Papam
assignati
mitterentur
Nuncii
.
I
shall
close
up
this
point
with
one
memorable
example
more
,
[
*
](A56189-e30030-b)
*
Tho.
Walsingham
,
Hist.
Angl.
p.
76.
Anno
1312.
there
being
a
great
difference
between
King
Edward
the
2.
and
his
Nobles
,
about
his
recalling
Peter
Gaverston
after
a
double
exile
by
sentence
of
the
Lords
in
parliament
,
who
took
up
arms
to
expell
him
by
force
,
and
desired
the
King
to
confirm
and
execute
certain
Ordinances
they
had
made
,
else
they
would
by
strong
hand
compell
him
thereunto
:
hereupon
the
Popes
two
Legates
then
in
England
,
came
with
the
rest
of
the
Prelats
of
England
and
Earl
of
Glocester
to
St.
Albans
,
to
mediate
a
Peace
between
the
King
and
Lords
:
from
whence
they
sent
their
Clerks
to
Warhamstede
,
where
the
Barons
then
lay
with
their
Army
;
cum
Literis
summi
Pontificis
eis
pro
pace
roganda
directis
.
Magnates
audientes
extraneos
eis
Literas
apportate
,
ipsos
quidem
pacifice
receperunt
▪
sed
literas
recipere
noluerunt
,
dicentes
se
non
esse
literatos
,
sed
armis
&
militia
exercitatos
,
et
ideo
videre
literas
non
curarunt
.
Tunc
qui
missi
fuerant
requisierunt
,
si
placeret
eis
habere
colloquium
cum
Dominis
suis
,
Domini
Papae
nunciis
,
qui
pro
pace
reformanda
personaliter
accedere
cupiebant
.
Ad
haec
PROCERES
responderunt
,
Se
in
regno
multos
habere
probos
&
literatos
Episcopos
,
quorum
consiliis
uti
volebant
,
et
non
ex●rancorum
,
quibus
non
esset
cognita
causa
commotionis
suae
;
praeciseque
dixerunt
,
se
nullo
modo
permissuros
ut
aliquis
alienigena
vel
forensis
intromitteret
de
factis
suis
,
aut
quibuscunque
negotiis
eos
tangentibus
infra
Regnum
.
So
much
did
the
Lords
then
slight
the
Popes
Letters
and
Legates
.
Nuncii
Domini
Papae
tali
modo
perterriti
in
crastino
summo
manè
iter
versus
Londonias
maturarunt
,
qui
apud
Sanctum
Albanum
loci
commoditate
illecti
,
moram
traxisse
per
Mensem
vel
amplius
cogitaverant
.
And
so
intermedled
no
more
therein
.
[
*
](A56189-e30190-b)
*
Walsingham
Hist.
Angl.
p.
74
,
75
,
&c.
The
same
year
,
Henry
de
Lacy
Earl
of
Lincoln
,
lying
upon
his
death-bed
,
used
this
Speech
to
Thomas
Earl
of
Lancaster
his
Son-in-law
,
heir
to
5.
Earldoms
.
Quomodo
Deus
eum
prae
cunctis
in
regno
ditaverit
,
honoraverit
,
&
gloriae
fecerat
abundare
.
Quapropter
,
ait
,
et
Deum
diligere
te
,
et
honorare
prae
caeteris
obligaris
.
Cernis
Sanctam
Ecclesiam
Anglicanam
honorabilem
quondam
et
liberam
,
per
Romanorum
Oppressiones
,
&
Regum
hujus
regni
injustas
Exactiones
(
proh
dolor
)
ancillatam
.
Vides
&
plebem
regni
Tributis
&
Tallagiis
apporiatam
,
&
de
conditione
Libertatis
in
servitutem
actam
(
a
true
character
of
our
times
,
after
all
our
wars
for
Liberty
and
Property
.
)
Cernis
regni
Nobilitatem
(
quandoque
toti
Christianitati
venerabilem
)
jam
ab
alienigenis
in
terra
propria
vilipensam
.
Adjuro
te
igitur
per
nomen
Christi
ut
virum
induas
,
exurgas
,
et
eriges
te
ad
honorem
Dei
&
Ecclesiae
,
et
patriae
liberationem
:
adhibeasque
tibi
virum
strenuum
,
nobilem
&
prudentem
Guidonem
Warwicensem
Comitem
,
cum
necesse
fuerit
de
regni
tractare
negotiis
,
qui
&
consilio
praeeminet
et
maturitate
pollet
.
Non
verearis
insurgentes
adversantes
tibi
dimicaturo
pro
veritate
.
Si
his
meis
monitis
acquieveris
,
in
aeternum
honorem
&
gloriam
consequeris
.
Whereupon
this
Earl
,
pro
relevanda
sanctae
matris
Ecclesiae
oppressione
et
recuperanda
regni
debita
libertate
,
confederated
with
divers
other
Earls
and
Nobles
,
who
electing
him
for
their
General
,
regni
Nobilium
communi
decreti
sententia
.
Then
they
sent
Messengers
to
the
K.
to
banish
Peter
G●verston
;
which
he
refusing
to
doe
,
they
pursued
him
with
their
arms
,
cut
off
his
head
,
slighted
the
Popes
Letters
and
Nuncios
;
regulated
his
Extortions
,
and
enforced
the
King
to
confirm
the
Ordinances
they
made
for
the
redress
of
all
grievances
both
in
Church
and
State
;
with
the
Great
Charter
,
Laws
and
Liberties
of
the
Church
and
people
,
in
whose
defence
and
quarrel
this
Earl
afterwards
lost
his
life
.
To
these
I
could
annex
many
other
such
like
Letters
,
resolutions
,
oppositions
of
our
Earls
,
Lords
,
Barons
in
Parliament
,
against
the
Popes
Usurpations
,
Encroachments
,
upon
the
Crowns
,
Royalties
of
our
Kings
,
and
Liberties
,
[
*
](A56189-e30360-b)
*
See
an
Exact
Abridgement
of
the
Records
in
the
Tower
,
p.
64
,
65.120
,
121
,
122.
Laws
,
Customs
of
our
Kingdom
,
as
21
E.
3.
rot.
Parl.
n.
63.40
E.
3.
rot.
Parl.
n.
8.
Cooks
4
Institutes
,
p.
13
,
14.50
E.
3.
rot.
Parl.
n.
85.
to
108.
27
E.
3.
c.
1.
38
E.
3.
c.
4.
&
16
R.
2.
c.
5.
wherein
every
one
of
the
Lords
temporal
in
Parliament
answered
and
averred
by
himself
severally
and
joyntly
with
the
rest
,
That
neither
King
John
nor
any
other
could
put
himself
or
his
Realm
or
people
into
subjection
or
Tribute
unto
the
Pope
,
without
their
common
assents
:
That
the
submission
he
made
to
the
Pope
,
was
without
their
assents
,
and
against
his
Oath
at
his
Coronation
:
That
if
the
Pope
by
process
or
otherwise
would
attempt
to
enforce
the
King
or
his
Subjects
to
render
him
the
Services
and
annual
Tribute
for
England
and
Ireland
,
granted
him
by
King
John
,
they
would
resist
and
oppose
him
with
all
their
power
:
And
moreover
,
That
they
will
stand
with
the
Kings
Crown
and
Royalty
in
all
cases
of
the
Popes
usurpations
clearly
in
derogation
of
the
Kings
Crown
,
&
in
all
other
cases
which
shall
be
attempted
against
the
said
Crown
and
Royalty
in
all
points
,
with
all
their
power
;
whose
Gallantry
,
loyalty
,
stoutness
,
have
been
the
chief
means
under
God
,
to
enfranchise
our
Kings
,
kingdoms
,
Church
,
from
the
manifold
Antichristian
Tyrannies
,
Usurpations
,
Oppressions
,
Taxes
,
Vassallages
,
Slavery
of
domineering
Popes
in
all
ages
,
as
the
premises
with
other
instances
sufficiently
evidence
.
And
upon
this
ground
it
was
(
by
reason
of
the
Popes
incessant
Usurpations
in
former
times
upon
the
Royalties
,
Rights
,
Liberties
both
of
the
Crown
,
Realm
and
Church
of
England
)
that
the
Nobles
in
our
Parliaments
were
in
the
very
Writs
of
Summons
ever
called
thereunto
,
to
consult
and
treat
with
the
King
,
Prelats
,
Lords
and
Great
men
of
the
Realm
,
of
certain
weighty
and
arduous
affairs
concerning
the
State
and
Defence
of
the
Realm
,
ET
ECCLESIAE
ANGLICANAE
,
and
the
Church
of
England
;
the
Defence
of
the
Church
as
well
as
Realm
against
the
Popes
incroachments
,
being
one
chief
business
of
our
Lords
and
Greatmen
in
our
Parliaments
;
which
now
it
seems
is
no
part
of
our
New-modelled
Parliaments
,
as
some
stile
them
;
there
beieg
neither
DEI
GRATIA
,
nor
Statum
&
defensionem
ECCLESIAE
ANGLICANAE
to
be
found
in
any
of
their
New
Writs
that
I
have
seen
;
which
had
been
an
impious
insufferable
omission
in
all
former
ages
:
This
Clause
engaging
our
Peers
so
stoutly
to
resist
the
Pope
as
the
premises
demonstrate
:
which
good
service
of
theirs
both
in
common
Justice
,
reason
,
equity
;
merited
a
Place
and
Vote
for
them
and
their
Posterities
in
all
our
English
Parliaments
,
without
any
popular
election
.
Before
I
proceed
to
the
next
reason
of
our
Lords
sitting
in
Parliament
,
I
shall
earnestly
importune
,
yea
adjure
all
the
antient
Earls
,
Barons
,
Nobles
and
Great
men
of
our
Realm
;
with
all
who
have
lately
been
,
or
pretend
to
be
any
Knights
,
Citizens
,
Burgesses
of
real
or
pretended
Parliaments
,
our
late
and
present
swaying
Grandees
;
and
all
Lawyers
,
Gentlemen
,
Freemen
of
our
English
Nation
,
seriously
to
review
,
and
cordially
to
ponder
all
the
forecited
memorable
presidents
of
their
Noble
Gallant
publike
spirited
Ancestors
,
here
recited
and
bundled
up
together
for
their
information
,
reformation
,
and
undelayed
imitation
in
this
and
the
precedent
reason
,
both
in
procuring
,
regaining
,
reestablishing
the
Great
Charters
of
our
fundamental
Liberties
,
Rights
,
Properties
,
Freedom
,
with
solemn
New
publications
,
Excommunications
,
Execrations
,
Oaths
,
Confederacies
,
Penalties
,
Laws
,
Edicts
,
for
their
own
and
their
Posterities
benefit
;
In
denying
,
opposing
,
resisting
all
unreasonable
or
illegal
Aids
,
Subsidies
,
Tenths
demanded
,
intreated
of
,
or
exacted
from
them
by
our
Kings
upon
real
or
pretended
Necessities
,
Wants
,
Wars
,
or
defence
by
Sea
and
Land
;
their
bold
,
frequent
,
unanimous
,
magnanimous
reprehensions
of
our
Kings
and
their
evil
Counsellors
to
their
faces
,
for
their
Exorbitances
,
Misgovernment
,
Exactions
,
Oppressions
,
Violations
of
their
Great
Charter
,
Laws
,
Liberties
,
Privileges
,
Oaths
,
Promises
,
and
unnecessary
Warrs
,
or
Expences
without
their
publike
Counsel
or
advice
:
in
their
resolute
inflexible
unanimous
resolutions
,
oppositions
both
in
and
out
of
Parliaments
,
against
all
illegal
Papal
Encroachments
,
Usurpations
,
Exactions
on
the
Rights
,
Privileges
of
the
Crown
,
Kingdom
,
Church
,
Parliament
,
Clergy
,
People
,
upon
every
fresh
occasion
;
and
in
their
vigilant
,
indefatigable
zeal
,
earnest
care
,
diligence
,
with
the
hazard
of
their
Limbs
,
Lives
,
Liberties
,
Estates
,
and
effusion
of
their
bloud
for
the
publike
Liberty
,
Freedom
,
Ease
,
weal
,
good
Government
of
the
Nation
,
according
to
those
wholsom
Charters
,
Laws
and
Ordinances
,
which
they
procured
for
that
end
,
with
much
industry
,
strife
and
opposition
in
many
successive
Parliaments
.
And
then
let
them
all
with
confusion
of
face
,
consternation
of
spirit
and
grief
of
heart
seriously
consider
how
stupendiously
,
monstrously
and
incredibly
they
have
all
for
near
ten
years
last
past
,
most
desperately
apostatized
,
degenerated
both
from
the
Heroick
,
Noble
,
Gallant
,
Memorable
Presidents
,
Practices
,
Courage
,
Zeal
of
these
their
Renowned
Ancestors
in
every
of
these
particulars
,
and
from
their
own
Praiseworthy
Actions
,
Remonstrances
,
Councils
,
Parliamentary
and
Military
proceedings
of
like
Nature
under
our
two
last
Kings
,
out
of
unworthy
,
un-English
,
unchristian
Cowardize
,
Fear
,
Self-love
,
Sluggishness
,
Sottishness
,
Supineness
,
after
all
their
late
solemn
publike
Protestations
,
Remonstrances
,
Declarations
,
Vows
,
Oaths
,
Leagues
,
Covenants
,
near
ten
years
bloudy
intestine
Wars
,
the
overprodigal
expence
of
many
Millions
of
Treasure
,
and
whole
Oceans
of
precious
Christian
,
Protestant
English
bloud
,
for
the
real
,
or
at
least
pretended
Defence
alone
,
and
maintaining
,
securing
those
antient
undoubted
Fundamental
Great
Charters
,
Laws
,
Liberties
,
Properties
,
Privileges
and
Rights
of
Parliament
,
&
exempting
us
from
all
future
arbitrary
,
tyrannical
,
illegal
Exactions
,
Taxes
,
Excises
,
Imposts
,
Imprisonments
,
restraints
,
exiles
,
and
executions
;
which
they
have
now
all
most
ignobly
submitted
to
without
the
least
manly
publike
or
private
Opposition
,
contradiction
,
or
care
,
activity
to
break
off
those
iron
yoaks
of
bondage
,
and
intollerable
,
perpetual
burdens
;
which
some
Impudent
Intruders
,
and
new
Aegyptian
Tax-masters
have
most
illegally
imposed
on
them
,
as
if
they
were
all
resolved
to
renounce
all
their
former
Great
Charters
,
Laws
,
Liberties
,
Privileges
,
and
Rights
of
English
Nobles
,
Parliamentmen
,
Freemen
,
and
to
becom
the
basest
bondslaves
under
heaven
.
So
that
if
these
our
Nobles
Ancestors
should
now
rise
from
the
dead
,
they
might
justly
stand
amazed
at
this
their
ignoble
,
slavish
cowardize
,
and
universal
degeneracy
,
yea
disclaim
them
as
spurious
,
and
none
of
their
heroick
English
progeny
,
and
they
all
may
justly
demand
this
Question
from
themselves
:
Whether
they
be
the
genuine
offspring
of
these
their
Noble
Ancestors
,
or
natural
Freeborn
English
Peers
or
Freemen
,
and
not
rather
the
degenerate
off-spring
of
Russian
Vassals
or
Turkish
Gally-slaves
,
who
never
knew
what
English
Freedom
was
?
as
if
now
born
only
to
the
greatest
servitude
and
Bondage
that
ever
mortals
voluntarily
submitted
unto
,
through
pusillanimous
fear
or
baseness
:
For
alas
,
where
is
the
Nobleman
,
Knight
,
Citizen
,
Burgess
,
Lawyer
,
Gentleman
or
English
Freemen
to
be
found
,
who
now
dares
manfully
to
claim
,
plead
,
avow
,
defend
,
or
contend
for
the
undoubted
rights
and
privileges
of
his
own
[
*
](A56189-e30530-b)
*
Which
some
have
disclaimed
by
unPeering
themselves
.
Peerage
,
or
our
Parliaments
,
the
famous
Grand
Charters
of
his
own
and
the
Nations
Liberty
and
Freedom
,
either
in
or
out
of
Parliament
,
after
so
many
old
,
late
military
and
Parliamentary
Contests
,
Acts
,
Oathes
,
Excommunications
,
Remonstrances
,
Declarations
,
Protestations
,
Vows
,
Leagues
,
Covenants
for
their
inviolable
maintenance
and
defence
in
every
Article
,
especially
those
which
concern
Peerage
,
Liberty
,
Property
,
Freehold
,
Life
,
the
Members
,
privileges
of
our
Parliaments
?
and
that
not
only
against
their
Soveraign
and
Superiors
,
with
whom
they
formerly
contested
;
but
even
against
those
late
or
present
domineering
Army-Officers
,
and
Vpstaris
,
who
but
a
few
years
since
were
not
only
their
fellow
Subjects
,
but
their
Inferiors
in
all
respects
,
yea
their
Mercinary
Servants
,
Hirelings
,
and
Mechanicks
of
the
lowest
rank
?
or
against
the
meanest
Publicans
,
Officers
or
Excise-men
,
Governors
of
our
new-moulded
Common-wealth
,
who
have
trampled
our
Great
Charters
,
Laws
,
Liberties
,
properties
and
Parliaments
themselves
under
feet
,
and
not
only
scorn
,
deride
,
but
disgust
the
very
Name
and
Mention
of
[
*
](A56189-e30610-b)
*
Stiled
Magna
Farta
,
by
some
Grandees
.
Magna
Charta
,
as
offensive
to
their
lawless
tyranny
,
and
repute
the
urging
of
it
to
controll
their
arbitrary
proceedings
,
encroachments
,
Taxes
,
Excises
,
little
less
than
a
capital
offence
.
For
proof
whereof
,
I
shall
instance
in
One
particulat
.
In
August
1650.
during
my
close
Imprisonment
in
Dunster
Castle
,
by
Mr.
Bradshaw
and
his
Whitehall
Associates
lawless
warrant
,
there
came
an
Order
from
them
,
and
the
Committee
of
the
Militia
of
Somersetshire
,
with
near
200
pioneers
of
the
County
,
to
slight
and
demolish
that
Castle
to
the
Ground
,
without
giving
Mr.
George
Luttrel
,
then
owner
thereof
,
the
least
notice
.
Who
thereupon
was
advised
by
his
Councel
,
to
send
a
Petition
to
Whitehall
to
stay
the
execution
.
The
Petition
then
drawn
by
his
Council
being
long
and
imperrinent
,
I
did
at
his
Wives
request
,
draw
up
another
short
one
for
him
to
this
effect
.
That
Dunster
Castle
,
was
the
antient
inheritance
and
chief
Seat
of
his
Ancestors
and
himself
,
of
which
many
Manors
were
held
by
Knight
Service
and
Castle-Gard
;
That
his
Father
fortified
and
held
it
for
the
Parliament
at
his
own
charge
;
for
which
he
was
kept
and
died
a
Prisoner
under
the
King
:
That
his
Vncle
(
who
was
slain
near
the
Castle
)
and
himself
,
were
both
Colonels
for
the
Parliament
,
serving
them
gratis
without
any
pay
,
for
which
the
Kings
party
had
sequestred
his
estate
,
felled
his
woods
,
seised
his
rents
to
the
value
of
ten
thousand
pounds
at
least
;
that
the
Castle
was
regained
from
the
Kings
party
principally
by
his
means
,
being
his
only
Mansion
house
:
which
if
now
suddenly
pulled
down
,
he
and
his
family
must
lye
in
the
Streets
,
and
he
sustain
at
least
thirty
thousand
pounds
new
damage
by
it
,
instead
of
a
recompence
for
his
former
losses
and
publike
unmercenary
services
,
which
would
expose
both
himself
and
them
to
the
obloquy
of
their
malignant
Enemies
.
He
thereupon
humbly
prayed
,
that
according
to
Magna
Charta
,
he
might
not
be
disinherited
or
disseised
of
this
his
Freehold
,
without
any
hearing
or
Legal
trial
,
by
this
their
Order
,
but
that
they
would
suspend
or
revoke
it
.
This
petition
being
sent
to
London
was
delivered
to
a
Great
Lawyer
,
(
one
of
Mr.
Bradshaws
Associats
,
and
a
then
sitting
Member
)
to
present
;
who
commanded
the
very
name
and
mention
of
Magna
Charta
only
to
be
struck
out
,
and
the
rest
of
the
petition
to
be
new
written
,
because
the
very
name
of
it
would
give
offence
or
distaste
to
the
COVNCEL
at
Whitehall
,
as
he
affirmed
.
Which
I
then
found
true
by
experience
,
my
insisting
on
it
in
my
[
*
](A56189-e30810-b)
*
See
my
New
Discovery
of
Free-State
Tyranny
.
Letters
to
them
to
demand
my
Liberty
,
being
so
offensive
,
that
they
would
neither
answer
,
nor
read
my
Letters
but
with
indignation
.
How
others
in
late
and
present
power
have
vilified
and
contemned
the
Great
Charter
,
the
petition
of
Righr
,
and
all
other
Laws
in
confirmation
of
it
,
by
dissolving
the
House
of
Peers
,
making
and
unmaking
new
forms
of
Parliaments
at
their
pleasures
,
condemning
,
beheading
Peers
and
others
in
new
misnamed
High
Courts
of
Justice
,
without
trials
by
their
Peers
,
imprisoning
,
close
imprisoning
,
confining
,
banishing
,
sequestring
,
disinheriting
,
disofficing
Nobles
,
Parliament-men
,
and
all
sorts
of
Freemen
at
their
pleasures
,
without
any
lawful
cause
,
hearing
or
legal
trial
;
by
breaking
up
and
ransacking
their
houses
by
armed
Soldiers
day
and
night
,
seising
their
horses
,
arms
,
Letters
,
papers
,
denying
to
grant
them
when
imprisoned
Habeas
Corporaes
,
or
to
return
them
when
granted
,
or
bayl
them
when
returned
;
by
imposing
intollerable
,
uncessant
Taxes
,
Excises
,
Imposts
,
payments
,
penalties
,
sequestrations
,
forfeitures
,
Treasons
,
exiles
,
restraints
,
Engagements
,
Disabilities
on
the
people
;
by
[
*
](A56189-e30850-b)
*
See
the
Whitehall
Ordinance
for
Excise
,
March
17.
1653.
&
others
since
.
commanding
all
Courts
of
Justice
in
their
new
Commonwealth
,
and
all
Judges
and
Justices
of
the
same
,
Sherifs
,
Committee-men
,
Attornies
,
Sollicitors
,
and
all
other
persons
,
without
any
Opposition
or
dispute
whatsoever
,
to
conform
themselves
to
their
most
tyrannical
Ordinances
touching
Taxes
,
Imposts
,
Excises
,
(
though
so
much
[
*
](A56189-e30870-b)
*
My
first
part
of
a
Legal
Vindication
,
&c.
of
the
Fundamental
Laws
of
England
,
p.
67.
to
72.
My
Protestation
against
Excise
.
decried
condemned
by
two
Parliaments
and
themselves
)
authorizing
their
Excisemen
and
Agents
to
levy
their
illegal
new
kind
of
Impositions
by
ex
officio
Oaths
,
Distresses
,
Fines
,
Forfeitures
,
sequestrations
,
seisures
both
of
their
real
and
personal
Estates
,
breaking
up
of
their
houses
,
(
which
must
stand
open
to
their
searches
day
and
night
,
without
opposition
)
by
imprisonment
of
their
persons
,
by
indemnifying
all
Officers
who
shall
thus
illegally
abuse
them
,
giving
them
good
costs
and
damages
if
sued
,
staying
all
their
actions
at
Law
for
their
just
relief
,
and
imprisoning
all
such
Lawyers
as
grand
delinquents
,
who
shall
dare
to
move
for
their
Liberties
,
or
plead
their
causes
,
(
which
not
one
dares
doe
since
Mr.
Conyes
late
case
.
)
And
how
our
New-modelled
Parliaments
(
as
some
stile
them
)
instead
of
complaining
against
and
regulating
these
tyrannical
oppressions
,
Exorbitances
,
Taxes
,
Ordinances
,
Excises
,
and
reprehending
the
Authors
of
them
to
their
faces
,
have
countenanced
them
by
their
stupid
silence
,
confirmed
them
by
new
Edicts
,
yea
made
it
their
principal
business
to
burthen
our
3.
whole
Nations
with
perpetual
,
endless
,
illegal
New
Taxes
,
Excises
,
Imposts
,
Customs
,
Payments
unheard
of
by
our
ancestors
in
any
former
ages
(
amounting
to
more
thousands
,
millions
in
one
year
,
than
King
Henry
the
3.
whom
the
Barons
so
much
opposed
and
complained
against
for
Exactions
,
levied
upon
his
Subjects
by
way
of
Tax
or
Ayds
,
in
all
his
51
years
reign
:
)
yea
to
null
the
Great
Charter
it self
,
with
all
our
fundamental
Laws
,
Liberties
,
and
the
Privileges
,
Essence
of
Parliaments
themselves
,
by
secluding
,
disabling
what
members
they
please
from
sitting
,
by
depriving
the
people
of
their
Votes
,
freedom
in
electing
Members
,
both
in
antient
Boroughs
and
Counties
;
by
subjecting
them
to
new
imprisonments
,
forfeiteres
of
Estate
,
life
,
and
trials
by
Marshal
Law
in
sundry
particulars
,
against
this
Charter
,
instead
of
easing
them
of
their
long-continued
,
illegal
Taxes
,
Excises
,
Imposts
,
Imprisonments
,
Confinements
,
&c.
confirming
their
former
Liberties
,
Franchises
,
Properties
,
Parliamentary
privileges
,
punishing
the
manifold
high
violations
of
them
,
with
those
ill
Councellers
,
Projectors
,
who
were
the
chief
contrivers
of
these
intollerable
grievances
,
and
resuming
the
antitient
dissipated
Lands
,
Revenues
of
the
Crown
,
which
should
defray
al
publik
,
ordinary
expences
:
yea
,
how
instrumental
some
of
them
have
been
to
promote
the
desperate
[
*
](A56189-e30960-b)
*
See
my
speech
in
Parliament
,
and
Epistle
to
my
Legal
Vindication
,
&c.
designs
,
Practises
,
Conspiracies
of
the
Pope
and
Jesuits
themselves
(
now
swarming
amongst
us
,
under
sundry
disguises
)
to
ruine
both
our
Kings
,
Parliaments
,
Church
and
State
,
is
so
experimentally
visible
,
and
well
known
to
them
all
,
that
I
hope
the
consideration
thereof
,
compared
with
the
forecited
Presidents
of
our
noble
Ancestors
and
Parliamen●s
,
will
strike
such
a
confusion
of
face
,
such
a
compunction
of
heart
into
them
for
this
their
degeneracy
,
Apostacy
,
and
breach
of
publike
trust
,
that
they
will
now
at
last
,
to
regain
their
own
lost
reputations
,
publikely
renounce
and
abhor
their
former
Exorbitances
,
and
study
to
equalize
&
out
act
those
their
heroick
predecesors
,
by
regaining
re-establishing
our
lost
Great
Charters
,
Laws
,
Properties
,
Liberties
,
Parliaments
,
privileges
,
Peerage
,
and
make
us
once
more
a
free
,
&
thereby
a
happy
and
united
Kingdom
,
Church
,
Nation
,
that
so
they
may
be
deemed
worthy
to
sit
,
vote
in
our
future
Parliaments
.
It
is
[
†
](A56189-e30980-b)
†
Mat.
Westm.
p.
409.
Walsingham
,
Ypodigmae
Neustriae
,
p.
83
,
84.
storied
of
our
renowned
,
victorious
,
warlike
King
Edward
the
1.
that
in
a
Parliament
held
at
Westminster
in
July
1297.
he
ascended
upon
a
wooden
scaffold
before
the
great
hall
there
,
with
his
Son
Prince
Edward
,
the
Archbishop
of
Canterbury
,
and
Earl
of
Warwick
,
and
there
before
all
the
people
standing
by
;
erumpentibus
lach
ymis
veniam
de
commissis
humiliter
postulavit
;
dicens
,
se
minus
bene
&
tranquilliter
quam
Regem
deceret
ipsos
rexisse
,
portiunculas
facultatum
suarum
,
quas
sibi
dederaut
,
seu
quas
ministri
ejus
ipso
inscio
extorserant
,
ideo
acceptasse
,
ut
in
●ur●osos
hostium
conatus
,
sitientium
sanguinem
Anglicanum
,
sumpta
Rei
publicae
particula
massa
quietius
possidendo
,
potentius
expugnaret
.
Et
addens
,
ecce
expositurus
meipsum
discrimini
propter
vos
,
peto
si
rediero
,
suscipiatis
me
velut
in
presentia
habetis
,
&
ABLATA
OMNIA
REDDAM
VOBIS
,
&c.
If
our
late
or
present
all-swaying
Governors
,
Officers
,
Swordmen
,
will
now
make
but
the
self
same
ingenuous
acknowledgement
as
he
,
before
all
the
people
,
that
they
have
not
governed
them
so
well
and
peaceably
as
they
should
have
done
,
and
became
them
to
do
;
that
they
and
their
Officers
have
much
oppressed
,
extorted
from
them
,
not
small
but
great
sums
of
Money
,
by
undue
and
exorbitant
means
against
their
wills
,
though
with
a
publike
intention
,
to
conquer
those
Enemies
more
effectually
who
thirsted
after
English
blood
,
for
whose
safety
they
are
still
ready
to
adventure
their
lives
:
That
they
have
sought
their
own
wealth
,
advantage
,
honour
,
preferment
,
more
than
the
publike
or
peoples
welfare
;
&
thereupon
shall
with
weeping
eyes
humbly
beg
pardon
of
the
whole
Nation
,
and
those
particular
persons
they
have
any
ways
ruined
or
oppressed
,
and
promise
them
full
reparation
of
their
injuries
,
and
what
ever
they
have
unjustly
taken
from
them
,
as
this
noble
King
Edw.
did
,
and
confirm
and
enlarge
all
their
Great
Charters
,
Laws
,
Liberties
,
as
fully
as
freely
as
he
then
did
,
upon
his
Nobles
importunity
,
they
may
then
expect
that
reciprocal
Love
and
dutifull
respect
to
them
,
as
the
Archbishop
with
the
people
then
promised
to
King
Edward
and
his
Son
,
with
stretched
out
hands
,
and
be
deemed
worthy
to
sit
and
vote
in
Parliament
,
notwithstanding
their
former
miscarriages
exorbitant
arbitrary
Ordinances
and
Provisions
,
of
which
if
they
repent
not
,
I
fear
in
conclusion
what
[
*
](A56189-e31120-b)
*
Anno
1265.
p.
339.
Matthew
Westminster
records
of
the
Barons
provisions
at
Oxon.
Lewes
and
London
,
will
be
recorded
of
them
,
to
Posterity
;
Haec
de
provisionibus
imo
DE
PRODITIONIBUS
Oxon
,
Lewens
.
&
Londini
,
dicta
sufficiant
,
&
quae
variis
aequitatis
,
&
justitiae
fictionibus
dealbatae
,
intus
autem
plenae
Versutiae
Provisores
suos
pessime
prodiderunt
,
which
some
of
our
late
swaying
republican
Legislators
have
already
found
true
by
sad
experience
.
Fourthly
,
our
[
(o)
](A56189-e31220-b)
(o)
See
Mr.
Seldens
Titles
of
Honour
,
Part.
2.
chap.
5.
and
Coke
4
Instit.
p.
1.
Nobles
are
persons
of
greater
Estates
,
Families
,
Fortunes
than
others
,
contribute
most
to
all
publike
Taxes
,
charges
,
and
have
more
to
keep
and
lose
than
other
ordinary
Commoners
;
and
therefore
in
respect
of
themselves
,
their
families
,
kinred
,
tenants
,
reretainers
,
allies
,
have
greater
interest
in
the
Common-wealth
and
State
affairs
than
they
:
We
see
by
Common
experience
in
all
kingdoms
,
Nations
,
and
our
own
Realm
,
that
mens
great
estates
innoble
,
and
inable
them
to
bear
publike
Titles
,
Places
of
Honour
,
Dignity
,
Trust
,
Power
,
as
to
be
Lords
,
Knights
,
Esq.
Privy
Counsellors
,
Justices
,
Sherifs
,
Mayors
,
Aldermen
,
and
the
like
,
which
persons
of
mean
fortunes
,
unable
to
support
these
Dignities
,
Offices
,
places
of
trust
and
expence
likewise
,
are
uncapable
or
unable
to
bear
or
manage
:
Wherefore
our
Ancestors
thought
it
meet
,
just
,
equal
that
they
should
have
this
privilege
among
others
above
ordinary
Commoners
,
to
be
present
in
all
our
Parliaments
by
Patent
and
Tenure
only
,
and
that
of
right
ex
debito
justitiae
;
not
by
election
,
as
Knights
,
Citizens
,
and
Burgesses
are
,
being
persons
of
meaner
,
estate
,
quality
;
and
present
in
Parliament
only
,
in
the
right
of
others
who
elect
them
,
not
in
their
own
rights
,
as
the
Lords
are
:
whose
estates
antiently
were
,
and
still
are
far
more
worth
,
yea
their
publike
payment
greater
,
than
many
whole
Burroughs
put
together
;
and
their
families
,
retainers
,
followers
,
far
more
in
number
.
And
so
their
engagements
to
maintain
the
Laws
,
Liberties
,
properties
of
the
Subject
,
farr
greater
than
inferiour
mens
.
Upon
which
ground
all
Barons
and
Peers
of
the
Realm
,
in
cases
of
debt
and
[
*
](A56189-e31240-b)
*
11
H.
4.13
.
Cook
6
Report
,
f.
52
,
53.
executions
are
free
from
arrests
of
their
bodres
,
because
by
reason
of
their
estates
,
and
Dignities
the
Law
intends
,
they
have
lands
and
assets
to
satisfie
all
their
debts
.
Fifthly
,
It
is
one
principal
property
of
Members
of
Parliament
to
be
[
(p)
](A56189-e31270-b)
(p)
Coke
4
Inst.
p.
3.
constant
,
stout
,
inflexible
,
and
not
to
be
bowed
or
turned
from
the
right
,
the
publike
good
,
or
liberties
,
by
fear
,
favour
,
promises
,
rewards
.
Now
Peers
of
noble
birth
;
education
,
and
more
generous
heroick
spirits
than
the
vulgar
sort
of
men
,
are
not
so
apt
to
be
over-awed
with
regal
threats
,
terrified
with
menaces
,
tempted
with
honours
,
preferments
,
wealth
,
(
which
they
already
injoy
in
a
higher
proportion
than
others
)
nor
seduced
with
rewards
and
privat
ends
from
the
common
good
and
interest
(
wherein
their
honour
,
wealth
,
safety
are
imbarqued
;
)
as
ordinary
Commoners
,
and
men
of
[
*
](A56189-e31290-b)
*
As
both
Houses
resolve
in
their
Declaration
of
August
,
1642.
Exact
.
Collection
,
p.
492.
meaner
rank
and
fortunes
are
,
which
experience
of
former
ages
,
and
this
present
manifests
.
Therefore
it
was
thought
just
and
reasonable
by
our
Ancestors
,
that
the
Nobles
in
this
regard
should
sit
in
all
our
Parliaments
in
their
[
*
](A56189-e31300-b)
*
Modus
tenendi
Parliament
.
Vowel
,
Coxe
4.
Inst.
c.
1.
own
rights
,
without
the
peoples
election
▪
and
to
leave
the
people
to
elect
such
other
persons
to
represent
,
assent
and
vote
for
them
in
Parliament
,
in
whom
they
most
confided
.
Sixthly
,
our
Peers
in
Parliament
[
*
](A56189-e31320-b)
*
12
R.
2.
c.
12.23
H.
6.
c.
12.23
H.
6
c.
11.9
H.
6.
c.
16.31
H.
8.
c.
11.50
E.
3.
m.
209.
1
R.
2.
n.
137.
(
though
they
there
serve
for
the
good
of
the
whole
Kingdom
,
which
hath
always
trusted
to
them
,
in
matters
of
Counsel
,
Judicature
,
and
making
Laws
)
yet
they
represent
no
persons
but
themselves
only
,
or
their
families
,
Tenants
,
Friends
,
and
Allies
which
depend
upon
them
,
and
bear
their
own
expences
;
which
are
so
great
and
chargeable
,
that
the
[
†
](A56189-e31360-b)
†
Mr.
Seldens
Titles
of
Honour
part.
2.
ch.
5.
p.
732.
to
736.
Abbot
of
St.
James
without
Northampton
,
in
the
Parliament
of
12
E.
2.
and
the
Abbot
of
Leicester
in
the
the
26
of
E.
3.
being
summoned
to
Parliament
,
petitioned
and
procured
themselves
and
their
successors
to
be
exemped
from
any
future
summons
to
,
and
attendance
in
the
Lords
House
,
as
Barons
of
the
Realm
,
both
because
they
held
no
lands
of
the
King
by
Barony
,
but
only
in
frank
almoign
,
and
their
Predecessors
had
not
formerly
or
usually
been
summoned
to
Parliaments
,
sed
vicibus
interpolatis
only
;
And
likewise
,
because
it
would
tend
to
the
great
grievance
and
loss
of
them
and
their
houses
,
and
much
impoverish
them
,
by
reason
of
the
great
expence
it
would
bring
upon
them
:
One
Peer
,
and
his
retinue
expending
more
every
Parliament
than
the
wages
of
40
or
50
Knights
and
Burgesses
amount
to
.
Wherefore
there
is
no
shadow
of
reason
why
the
people
should
elect
them
,
since
they
doe
not
represent
them
,
nor
pay
them
wages
,
as
they
doe
to
their
Knights
,
Citizens
,
Burgesses
,
who
serve
for
,
and
represent
them
.
Wherefore
their
Levelling
Oppugners
may
as
well
argue
,
That
our
Nobles
ought
to
be
elected
by
the
people
to
their
Honors
,
Lands
,
Estates
which
descend
unto
them
from
their
Ancestors
,
not
from
the
common
people
,
as
that
they
ought
to
sir
in
Parliament
by
the
peoples
election
;
only
to
represent
themselves
in
their
own
right
,
not
the
people
.
And
that
the
Knights
of
the
Shire
ought
to
be
elected
to
their
dignity
of
Knighthood
(
which
the
King
only
confers
on
them
)
or
to
their
Lands
and
Freeholds
,
which
they
enjoy
in
their
own
right
,
because
they
are
elected
by
the
Free-holders
to
sit
in
Parliament
in
their
right
who
elected
them
,
nor
their
own
alone
,
which
Barons
doe
not
.
7ly
.
On
these
grounds
the
suppressing
,
debasing
,
captivity
or
slaughter
of
the
Princes
,
Lords
,
and
Nobles
of
a
kingdom
or
Nation
,
is
by
God
himself
defined
to
be
,
an
immediate
forerunner
,
concomitant
,
cause
of
the
Kingdoms
,
Nations
ruine
,
and
slavery
,
and
a
matter
of
great
lamentation
.
Ezech.
19.1.14
.
c.
17.12
.
Lam.
1.6
.
c.
2.2
.
c.
5.12
.
Prov.
19.10
.
c.
30.21.22
.
Eccl.
10.5
,
7.
Isay
.
3.4
.
&c.
c.
34.11
,
12
,
13.
c.
40.23
.
c.
43.28
.
Jer.
4.9
.
c.
27.20
.
c.
29.
c.
25.18
,
19.
c.
50.35.41
,
51
,
55.
c.
52.16
.
Hos.
7.16
.
Amos
2.15
.
c.
2.2
,
3.
2
Kings
24.14
.
Mich.
3.7
.
2
Chron.
24.23
.
Jer.
24.8
,
9.
And
the
continuing
of
Kings
,
Princes
and
Nobles
,
in
honour
and
power
in
any
kingdom
and
nation
,
are
reputed
and
resolved
by
God
to
be
the
greatest
honour
,
happiness
,
defence
,
safety
and
preservation
of
that
kingdom
and
people
.
Jer.
17.24
,
25.
c.
22.4
Eccles.
10.17
.
Jer.
30.21
.
Psal.
68.27
,
28.
Prov
▪
8.15
,
16.
Isay
32.1
.
1.
Chron.
23.2
.
&c.
c.
28.1
.
&c.
c.
29.24
,
25.
Gen.
17.6.16
.
c.
35.11
.
2
Sam.
11
,
12.
1
Chron.
14.2
.
c.
28.4
,
5.
&c.
2
Chron.
2.11
.
c.
9.8
.
1
Kings
11.32
,
36.
2
Chron.
21.6
,
7.
2
King
.
8.18
,
19.
1
Kings
15
,
45.
2
Chron.
23.3.11.20
,
21.
c.
9.26.27
.
Numb.
24.7
.
Ezech.
37
,
22
,
29.
Mich.
2.13
.
c.
4.8
.
Therfore
they
cannot
be
rejected
suppressed
by
us
now
,
without
apparent
danger
,
ruine
and
desolation
to
our
kingdom
,
whatever
frantick
Levellers
and
others
fancy
to
the
contrary
,
who
would
be
more
than
Kings
and
Lords
themselves
over
the
Nation
,
could
they
once
suppress
both
King
and
Lords
,
as
they
design
and
endeavour
.
By
all
which
premises
it
is
most
apparent
,
That
our
Lords
and
Barons
sitting
,
voting
in
Parliament
,
(
who
if
you
take
them
poll
by
poll
,
have
in
all
ages
been
more
able
Parliament-men
,
States-men
in
all
respects
,
than
the
Commons
,
though
chosen
by
the
people
,
who
alwayes
make
not
choice
of
the
best
and
wisest
men
,
as
experience
manifests
)
is
not
only
just
,
lawfull
in
respect
of
Right
and
Title
,
but
originally
instituted
upon
such
grounds
of
Reason
,
Justice
,
Equity
,
Policy
,
as
no
rational
understanding
man
can
dislike
or
contradict
,
but
must
subscribe
to
,
as
necessary
and
convenient
;
and
so
still
to
be
continued
,
supported
in
this
their
Right
and
Honour
,
to
[
†
](A56189-e31770-b)
†
Exact
collection
,
p.
320
,
321
,
322.
moderate
the
Excesses
,
Encroachments
both
of
King
and
Commons
one
upon
the
other
,
and
keep
both
of
them
within
their
just
and
antient
bounds
,
for
the
kingdoms
peace
and
safety
.
The
rather
,
for
that
the
very
Act
made
this
Parliament
for
the
preventing
of
inconveniences
happening
through
the
long
intermission
of
Parliaments
,
not
only
enacts
,
and
requires
,
ALL
the
Lords
and
Barons
of
this
Realm
,
to
meet
and
sit
in
every
Parliament
,
under
a
penalty
;
but
likewise
prescribes
an
Oath
to
the
Lord
Keeper
and
Commissioners
of
the
Great
Seal
under
severe
penalties
to
send
forth
Writs
of
Summons
to
Parl.
TO
THEM
ALL
,
and
in
their
default
,
enables
and
enjoyns
the
Peers
of
the
Realm
,
or
any
twelve
or
more
of
them
,
to
issue
forth
Writs
of
Summons
to
Parliament
under
the
Great
Seal
of
England
,
for
the
electing
of
Knights
,
Citizens
and
Burgesses
:
which
Act
will
be
meerly
void
and
nugatory
,
if
their
Votes
and
Right
to
sit
in
Parliament
be
denyed
,
or
the
House
of
Peers
reduced
to
the
House
of
Commons
,
which
this
very
Statute
doth
distinguish
.
Now
whereas
our
whimsical
Lilburnists
and
Levellers
object
;
Commons
house
,
but
not
otherwise
.
I
must
inform
these
Ignoramusses
,
that
by
the
Laws
,
Statutes
of
our
Realm
,
the
Earls
,
Lords
and
Barons
of
the
Realm
,
are
altogether
uncapable
of
being
elected
Knights
or
Burgesses
to
serve
in
Parliament
,
and
their
elections
as
such
;
meerly
void
and
null
in
Law
to
all
intents
.
This
is
most
apparent
,
1.
By
the
very
words
of
the
writs
of
Summons
to
the
Lords
:
whereby
they
are
summoned
[
*
](A56189-e31920-b)
*
Cook
4
Instit.
p.
16.
Seldens
Titles
of
Honour
,
p.
736
,
737
,
715
,
716.747.721.722
,
724
,
725.
Nobiscum
&
cum
caeteris
Praelatis
,
Magnatibus
et
Proceribus
dicti
Regni
nostri
,
colloquium
habere
&
tractare
&c.
vestrumque
consilium
impensuri
,
&c.
not
to
treat
,
conferr
,
and
consult
with
the
Knights
,
Citizens
and
Burgesses
.
2.
By
the
express
words
of
the
Writs
for
the
electing
of
Knights
,
Citizens
and
Burgesses
,
which
have
the
same
clause
;
and
then
enjoyn
the
Sherifs
to
cause
to
be
elected
and
returned
,
duos
Milites
,
magis
ido●eos
&
discretos
Comitatus
praedicti
,
&
de
qualibet
Civitate
duos
Cives
,
&
de
quolibet
Burgo
duos
Burgenses
de
discretioribus
&
magis
sufficientibus
,
&c.
ad
faciendum
et
consentiendum
hiis
,
quae
tunc
,
&c.
Which
disables
them
to
elect
any
Lords
or
Barons
;
being
no
such
Knights
,
Citizens
or
Burgesses
as
the
writ
enjoyns
them
to
elect
and
return
.
3.
By
all
the
Statutes
for
electing
Knights
,
Citizens
and
Burgesses
recorded
in
Rastall
,
Tit.
Parliament
;
the
Lords
being
not
within
their
words
or
intention
.
4.
By
the
Great
Charter
of
King
John
,
and
express
Statutes
of
5
R.
2.
Stat.
2.
c.
4.31
H.
8.
c.
10.
&
Rot.
Par.
n.
10.
which
disable
them
to
sit
amongst
the
Commons
,
but
only
in
the
Lords
house
among
their
Peers
.
5.
By
the
very
words
of
the
Patents
of
their
Creation
,
which
authorize
and
prescribe
all
Dukes
,
Earls
,
Viconts
,
Barons
in
direct
terms
,
[
*
](A56189-e32020-b)
*
Seldens
Titles
of
Honour
part
2.
c.
5.
p.
663
,
665.747
,
748
,
751
,
757
,
563.
Quod
in
omnibus
tenerentur
,
tractentur
et
reputentur
ut
Duces
,
Comites
,
Barones
,
&
quod
haeredes
sui
masculi
et
eorum
quilibet
,
habeat
,
teneat
,
&
possideat
sedem
,
locum
et
vocem
in
Parliamentis
,
publilicis
Comitiis
et
Consiliis
nostris
,
Haeredum
et
Successorum
nostrorum
infra
Regnum
nostrum
Angliae
,
inter
alios
Duces
,
Comites
et
Barones
(
not
amongst
the
Knights
,
Citizens
and
Burgesses
,
)
ut
Duces
,
Comites
et
Barones
Parliamentorum
,
Publicorum
Comitiorum
et
Consiliorum
;
not
as
Knights
,
Citizens
or
Burgesses
.
6.
By
Sir
Edward
Cooks
4
Institutes
,
p.
46
,
47.
and
Mr.
Seldens
Titles
of
Honour
,
p.
736
,
737.
who
resolve
,
That
a
Baron
or
Lord
of
Parliament
,
is
not
eligible
to
be
a
Knight
,
Citizen
or
Burgess
of
the
House
of
Commons
,
as
was
resolved
in
the
case
of
Thomas
Camoyes
,
who
was
not
only
a
Baronet
,
but
also
a
Baron
and
Lord
of
Parliament
.
The
Lord
Camoyes
being
elected
by
the
Freeholders
of
the
County
of
Surrey
for
one
of
the
Knights
of
the
Shire
to
serve
in
Parliament
for
them
,
Anno
7
R.
2.
thereupon
the
King
by
advice
of
Council
,
declared
his
election
to
be
null
and
void
in
Law
,
and
commanded
a
new
election
of
some
other
fit
person
to
be
made
in
his
place
,
by
this
memorable
Writ
,
extant
on
record
.
[
†
](A56189-e32190-b)
†
Claus.
7
R.
2.
mem.
32.
dorso
.
Seldens
Titles
of
Honor
,
p.
737.
Cook
4
Instit.
p.
47.
Rex
Vicecomiti
Surriae
salutem
.
Quia
ut
accepimus
tu
Thomam
Camoyes
Chivaler
,
qui
Baronettus
est
,
sicut
quamplures
antecessorum
suorum
extiterunt
,
ad
essendum
unum
Militum
venientium
ad
proximum
Parliamentum
nostrum
pro
Communitate
Comitatus
praedicti
,
de
assensu
ejusdem
Comitatus
eligisti
.
Nos
advertentes
quod
hujusmodi
Baronetti
ante
haec
tempora
in
Milites
Comitatus
ratione
alicujus
Parliamenti
elegi
minime
consueverunt
,
ipsum
de
officio
Militis
,
ad
dictum
Parliamentum
pro
communitate
Comitatus
praedicti
venturi
,
exonerari
volumus
.
Et
ideo
tibi
praecipimus
,
quod
quendam
a●ium
Misi
em
idoneum
et
discretum
,
gladio
cinctum
,
in
loco
ipsius
Thomae
elegi
,
et
eum
ad
diem
et
locum
Parliamenti
praedicti
venire
facias
,
cum
plena
et
sufficienti
potestate
ad
consentiendum
hiis
quae
in
Parliamento
praedicto
,
sicut
juxta
renorem
prioris
Brevis
nostri
,
tibi
pro
electione
hujusmodi
militum
directi
,
et
nomen
ejus
Nobis
Sciri
facias
.
Teste
Rege
apud
Westmonasterium
octavo
die
Octobris
.
7ly
,
Both
Houses
of
Parliament
in
their
[
*
](A56189-e32260-b)
*
Exact
Collection
,
p.
723
,
724.
Remonstrance
,
of
Nov.
2.
1642.
declare
and
publish
in
print
to
all
the
World
,
This
to
be
so
clear
and
fundamental
a
privilege
of
Parliament
,
That
no
Member
of
either
House
of
Parliament
is
to
be
taken
away
or
detained
from
the
service
of
the
House
whereof
he
is
a
Member
,
until
such
time
as
that
House
hath
satisfaction
concerning
the
cause
,
and
the
cause
be
heard
in
Parliament
first
,
and
dismissed
from
it
,
That
the
whole
freedom
of
Parlament
dependeth
upon
it
,
For
who
seeth
not
that
by
this
means
under
false
pretences
of
crimes
and
accusations
,
such
or
so
many
Members
of
both
or
either
Houses
of
Parliament
may
be
taken
out
of
it
at
any
time
by
any
persons
to
serve
a
turn
,
and
to
make
a
MAJOR
PART
of
whom
they
will
at
pleasure
.
So
as
the
freedom
of
Parliament
dependeth
in
a
great
part
on
this
privilege
:
yea
without
it
,
the
whole
Body
of
the
Parliament
will
be
destroyed
by
depriving
it
of
its
Members
by
degrees
,
some
at
one
time
,
and
others
at
another
time
,
as
both
Houses
further
remonstrate
in
their
[
*
](A56189-e32380-b)
*
Exact
Collection
,
p.
654.655
.
Declaration
of
October
23.
1642.
Which
,
as
it
infallibly
demonstrates
,
that
the
Lords
House
or
Members
cannot
be
taken
away
,
or
taken
from
them
against
their
wils
,
without
the
destruction
,
subversion
of
the
whole
Parliament
,
of
which
they
are
chief
Members
,
the
Judicial
power
of
Parliaments
residing
principally
in
that
House
,
if
not
wholly
.
So
it
likewise
clearly
resolves
,
that
no
Peer
or
Member
of
the
Lords
House
can
be
elected
a
Member
of
the
Commons
house
:
For
if
the
election
of
the
Freeholders
,
Citizens
or
Burgesses
of
any
County
,
City
or
Borough
of
a
Duke
,
Earl
,
Lord
or
Baron
of
the
Realm
to
be
a
Knight
,
Citizen
,
or
Burgess
in
Parliament
should
be
valid
in
Law
,
to
make
them
legal
,
actual
Members
of
the
Commons
house
,
it
would
then
lie
in
their
powers
to
un-Peer
,
un-Lord
and
degrade
any
Nobleman
,
yea
all
the
Earls
,
Peers
,
Lords
,
Barons
of
the
Realm
and
their
Posterity
at
their
pleasures
,
to
reduce
them
and
the
whole
House
of
Peers
into
the
Commons
inferiour
house
,
and
so
quite
dissolve
the
Lords
House
,
in
high
affront
,
dishonor
of
the
Lords
and
their
House
,
and
of
the
Kings
Soveraign
royal
Authority
,
the
fountain
of
all
Honor
:
and
that
without
any
legal
trial
,
or
Judgment
by
their
Peers
,
or
just
cause
of
degradation
on
their
parts
,
against
the
express
words
and
meaning
of
Magna
Charta
,
c.
29.
And
if
any
Lords
upon
such
Elections
should
so
far
degenerate
,
debase
or
degrade
themselves
,
as
to
accept
thereof
,
and
ignobly
sit
and
vote
as
Members
of
the
Commons
House
;
both
they
and
their
posteritie●
for
such
an
ignoble
act
meritoriously
deserved
,
to
be
for
ever
degraded
from
their
Nobility
,
and
secluded
from
all
future
sitting
in
the
Lords
House
as
Peers
,
becoming
thereby
the
very
shame
,
scorn
,
scandal
of
Nobility
,
fit
only
to
be
ranked
with
the
basest
Peasants
,
to
whom
these
Levellers
would
now
equallize
them
.
Yea
,
it
would
be
now
no
less
than
wilfull
perjury
in
any
Freeholders
,
Citizens
,
Burgesses
to
elect
them
Knights
or
Burgesses
,
and
in
themselves
to
accept
of
such
Elections
when
chosen
;
and
in
the
whole
House
of
Peers
and
Commons
too
,
once
to
permit
,
allow
,
approve
or
connive
at
such
elections
;
after
their
late
Protestation
,
Vow
,
and
Solemn
League
and
Covenant
,
to
maintain
to
their
power
,
the
Rights
,
Privileges
of
Parliament
,
and
both
Houses
of
Parliament
;
whereof
this
is
an
unquestionable
Right
and
Privilege
;
That
no
Member
of
the
Lords
House
should
be
elected
a
Knight
,
Citizen
,
Burgess
,
or
brought
down
from
thence
to
sit
only
as
a
Commoner
,
in
the
Commons
House
,
so
long
as
he
continues
a
Peer
or
Member
of
the
Lords
House
;
(
a
distinct
House
from
,
and
superior
to
the
Commons
House
in
all
ages
,
as
its
Title
of
the
[
†
](A56189-e32490-b)
†
Stat.
of
Ma●lbridge
,
52
H.
2.
Prologue
.
33
H.
8.
c.
1.
Lower
House
,
and
their
standing
alwayes
bare
before
the
Lords
,
with
other
evidences
demonstrate
)
nor
any
Knight
,
Citizen
or
Burgess
,
a
true
real
Member
of
the
House
of
Peers
,
[
*
](A56189-e32520-b)
*
Cokes
4.
Institutes
,
p.
45.
unless
a
Peer
by
birth
or
creation
;
those
who
are
called
to
it
only
by
general
or
special
Writs
,
not
being
formerly
for
life
or
inheritance
Peers
,
Nobles
,
or
holding
by
Barony
of
the
King
,
being
only
[
*
](A56189-e32560-b)
*
Cokes
4
Instit.
p.
4
,
5.44
,
45.
Assistants
to
the
Lords
,
as
the
Judges
and
others
usually
are
not
Members
having
votes
.
It
is
the
opinion
of
[
*
](A56189-e32600-b)
*
Fol.
9.
b.
16.
b.
Sir
Edward
Cook
in
his
Institutes
on
Littleton
,
That
if
the
King
call
any
Layman
to
the
Vpper
house
of
Parliament
generally
by
his
Writ
(
which
he
there
recites
)
that
this
alone
doth
create
him
a
Baron
and
Lord
of
Parliament
in
fee
simple
,
without
the
word
heirs
,
and
ennoble
both
himself
and
his
heirs
after
him
,
so
as
to
make
them
hereditary
Barons
.
And
this
is
the
received
opinion
of
most
Grandees
of
the
Law
,
relying
only
upon
his
bare
Ipse
dixit
,
though
sometimes
mistaken
in
his
Judgement
,
and
frequently
in
his
Records
and
Presidents
whereon
hee
grounds
his
Opinion
;
although
he
cites
no
president
nor
record
at
all
to
make
good
his
Assertion
in
this
case
.
But
under
the
favour
of
this
Great
Oracle
of
Law
,
I
conceive
this
Opinion
of
his
to
be
no
Law
at
all
,
but
a
meer
mistake
,
for
these
ensuing
reasons
.
1.
Because
there
is
not
one
word
or
syllable
in
this
general
Writ
of
Summons
,
that
gives
him
either
the
Name
,
Title
,
Honor
or
Dignity
of
a
Lord
or
Baron
of
the
Realm
:
Therefore
it
cannot
in
Law
or
reason
create
him
such
a
one
.
If
he
were
a
Knight
,
an
Esquire
,
a
Master
,
or
Gentleman
,
or
Judge
,
when
the
Writ
was
directed
to
him
,
it
gives
him
only
that
Title
,
and
summons
him
only
by
it
:
without
stiling
him
a
Lord
,
Baron
,
Earl
,
Viscount
or
Peer
of
the
Realm
at
all
:
Therefore
it
cannot
ennoble
nor
create
him
one
;
much
less
ennoble
his
posterity
and
give
him
an
hereditary
Barony
without
the
word
heirs
,
since
the
Writ
is
only
personal
,
directed
to
himself
alone
.
2.
Because
the
Kings
end
and
intention
in
summoning
him
to
Parliament
by
this
Writ
is
not
to
ennoble
and
create
him
a
Lord
,
Peer
,
or
Baron
,
much
less
to
ennoble
his
Posterity
after
him
,
but
only
to
consult
and
treat
with
him
,
and
the
Prelates
,
Lords
,
and
Nobles
of
the
Realm
,
concerning
the
affairs
there
propounded
:
As
this
clause
of
the
Writ
demonstrates
(
which
only
must
ennoble
him
and
his
heirs
,
if
any
)
to
come
to
the
Parliament
at
such
a
day
and
place
,
that
so
the
King
may
VOBISCUM
with
him
(
not
his
heirs
)
&
cum
Praelatis
,
Magnatibus
,
&
Proceribus
dicti
regni
nostri
colloqu●um
habere
&
tractatum
:
Which
word
,
VOBISCVM
,
being
distinguished
from
cum
Praelatis
,
Magnatibus
&
Proceribus
Regni
,
can
not
possibly
create
him
,
a
Lord
or
Baron
,
no
more
than
a
Prelate
of
the
Realm
;
the
rather
because
the
word
Baro
,
is
not
in
the
Writ
.
Neither
can
the
following
clause
create
him
one
;
Viz.
dictis
die
&
loco
personaliter
intersitis
Nobiscum
,
&
cum
Praelatis
,
Magnatibus
&
Baronibus
supradictis
,
super
dictis
Negotiis
tractaturis
,
vestrumque
Consilium
impensuris
:
because
it
neither
gives
him
the
name
nor
stile
of
a
Lord
or
Nobleman
,
much
less
of
a
Baron
,
no
more
than
of
a
Prelate
:
and
summons
him
,
not
to
be
a
Lord
,
Earl
,
Prelate
or
Baron
of
the
Realm
,
but
to
be
personally
present
with
them
(
which
he
may
be
,
though
a
private
person
,
and
no
Lord
)
and
to
treat
and
give
his
advice
with
them
concerning
the
businesses
there
propounded
,
the
only
end
for
which
he
is
summoned
;
not
to
be
their
fellow
Peer
,
Lord
or
Baron
.
So
that
it
is
against
all
sence
and
reason
to
aver
,
that
such
a
general
Writ
as
this
can
create
himself
,
much
less
his
Posterity
Lords
or
Barons
of
the
Realm
in
perpetuity
.
It
is
a
rule
in
Law
and
oft
resolved
,
[
*
](A56189-e32860-b)
*
Plowden
,
f.
333
,
334
,
501
Dyer
348.
a.
21
E.
4.46
,
48.57.43
.
Aff.
15.
Coke
1
Report
.
f.
48.52.3
Rep.
f.
73
,
74.
8
Rep.
f.
55.167
.
Ashes
Table
,
Grant
le
Roy
46.
That
the
Kings
grant
shall
not
inure
to
two
intents
,
nor
pass
or
give
two
things
at
once
,
especially
when
one
of
them
only
is
expressed
,
the
other
not
:
Therefore
this
writ
of
the
King
shall
not-doe
it
,
to
create
the
party
summoned
a
Baron
meerly
by
implication
,
which
is
not
expressed
:
and
to
summon
him
to
conferr
,
treat
and
give
his
advice
in
Parliament
,
which
is
the
only
thing
intended
and
clearly
expressed
.
3ly
,
The
Writ
summons
him
only
to
that
particular
Parliament
then
to
be
held
at
one
certain
day
and
place
;
not
to
any
other
,
much
less
to
all
future
Parliaments
to
be
held
:
Therefore
it
cannot
create
him
and
his
heirs
hereditary
Barons
and
Members
of
the
Lords
House
,
no
more
than
the
Writ
for
electing
Knights
,
Citizens
and
Burgesses
for
that
particular
Parliament
,
makes
them
and
their
posterity
,
Knights
,
Citizens
and
Burgesses
of
Parliament
for
perpetuity
:
It
being
both
contrary
to
the
words
and
intention
of
the
Writ
,
to
make
him
,
much
less
his
heirs
,
Members
of
all
succeeding
Parliaments
,
to
which
they
must
still
be
summoned
by
New
Writs
.
4ly
.
No
Lord
or
Baron
is
or
can
be
legally
created
,
but
of
some
particular
place
,
Town
,
City
,
or
the
like
,
whereof
he
is
stiled
Earl
,
Lord
,
or
Baron
:
But
the
general
writ
of
summons
gives
him
no
such
particular
stile
or
title
of
dignity
;
confined
to
such
a
certain
place
.
Therefore
it
cannot
create
him
either
a
Lord
or
Baron
,
or
if
it
doth
it
must
be
sine
titulo
,
which
were
absurd
.
5ly
.
No
Duke
,
Earl
,
when
created
Viscount
,
Lord
,
or
Baron
,
is
or
can
be
created
a
Peer
of
the
Realm
by
the
Kings
Letters
Patents
for
life
,
in
tayl
,
or
see
simple
,
without
expresse
words
in
the
Patent
creating
him
such
a
one
for
life
,
or
him
,
and
the
heirs
males
of
his
body
,
or
his
heirs
in
general
,
Dukes
,
Marquesses
,
Viscounts
,
Earls
,
Lords
or
Barons
of
such
a
particular
place
;
as
all
their
Patents
(
whereof
you
have
sundry
Presidents
in
Mr.
Seldens
Titles
of
honour
,
lib.
2.
ch.
5.
throughout
)
and
our
books
of
Heraldry
plentifully
manifest
;
And
in
all
late
Patents
of
creation
since
20
H.
8.
of
any
Dukes
,
Marquesses
,
Earls
,
Viscounts
,
or
Barons
,
there
is
a
special
clause
inserted
,
enabling
them
and
their
heirs
males
,
and
every
of
them
,
to
have
hold
and
possess
a
seat
and
place
in
the
Parliam
.
of
us
,
our
heirs
and
Successors
,
within
the
Realm
of
England
,
among
other
Dukes
,
Marquesses
,
Earls
,
Viscounts
,
Lords
and
Barons
of
the
Realm
,
as
a
Duke
,
Marquesse
,
Earl
,
Viscount
,
Lord
,
or
Baron
,
as
[
*
](A56189-e33050-b)
*
Titles
of
Honour
,
lib.
2.
p.
663
,
665
,
747
,
748
,
751
,
757
,
763.
Mr.
Selden
and
their
Patents
inform
us
,
and
I
have
formerly
touched
p.
49.
If
then
the
king
by
his
Letters
Patents
cannot
create
men
Nobles
and
Peers
of
Parliament
for
life
,
in
tail
,
or
see
simple
,
without
these
special
and
particular
clauses
;
then
by
the
self
same
reason
he
cannot
create
them
such
by
his
writ
,
unlesse
it
hath
such
special
words
and
clauses
in
it
,
and
not
by
the
general
writ
of
summons
forementioned
,
wherein
there
is
not
one
clause
or
syllable
tending
to
such
a
particular
,
personal
,
or
hereditary
creation
.
The
rather
because
[
*
](A56189-e33070-b)
*
1
Inst.
f.
16.8
.
Sir
Edward
Cook
himself
confesseth
,
that
the
Creation
by
Letters
Patents
is
the
surer
,
though
by
writ
be
the
antienter
way
;
for
he
and
his
posterity
may
sufficiently
be
created
and
made
Noble
by
Letters
Patents
,
though
he
to
whom
they
were
first
made
never
sate
in
Parliament
.
Whereas
this
writ
hath
no
operation
or
effect
to
enoble
him
or
his
posterity
,
unless
and
until
he
actually
sit
in
Parliament
;
for
if
he
die
before
he
sit
,
or
sit
not
at
all
,
neither
he
nor
his
issue
are
Noble
.
This
distinction
and
concession
of
his
contradicts
his
former
opinion
,
That
the
Writ
it self
doth
not
ennoble
the
person
and
his
heirs
;
for
if
it
did
,
then
he
and
they
should
be
ennobled
by
it
,
though
he
died
before
he
●a●e
in
Parliament
,
because
they
are
thus
ennobled
by
Letters
Patents
which
create
them
Nobles
or
Peers
,
and
make
them
actually
such
,
though
they
never
sit
in
Parliament
.
7ly
.
Sir
Edward
Cook
in
his
4
Institutes
,
p.
44
,
45.
thus
resolves
.
If
the
King
by
his
Writ
calleth
any
Knight
or
Esquire
to
be
a
Lord
of
the
Parliament
,
he
cannot
refuse
to
serve
the
King
there
in
communi
illo
confilio
,
for
the
good
of
his
Country
.
But
if
the
King
had
called
an
Abbot
,
Peer
,
or
other
regular
Prelate
by
Writ
to
the
Parliament
to
the
Common
Council
of
the
Realm
,
if
he
held
not
of
the
King
per
Baroniam
,
he
might
refuse
to
sit
in
Parliament
,
because
quoad
secularia
,
he
was
mortuus
in
lege
,
and
therefore
not
capable
to
have
a
voice
or
place
in
Parliament
unless
he
did
hold
per
Baroniam
,
and
were
to
that
Common
Council
called
by
Writ
,
which
made
him
capable
.
And
though
such
a
Prelate
regular
had
been
often
called
by
Writ
,
and
had
de
facto
,
had
place
and
voice
in
Parliament
;
yet
if
in
rei
veritate
he
hold
not
per
Baroniam
,
HE
OUGHT
TO
BE
DISCHARGED
OF
THAT
SERVICE
,
AND
TO
SIT
NO
MORE
.
[
†
](A56189-e33220-b)
†
Ro.
Pa●
.
26.
E.
3.
part.
1.
m.
21.
See
Rot.
Claus
.
in
dors.
11.
E.
3.
part
2.
m.
11.
Religious
qui
teignunt
per
Barony
sont
tenus
de
Venier
au
Parliament
Vid.
ibid.
13
E.
3.
part
2.
m.
8.
&
1.
For
that
the
Abby
of
Leicester
was
founded
by
Robert
Fitz
Robert
Earl
of
Leicester
(
albeit
the
Patronage
came
to
the
Crown
by
the
forfeiture
of
Simon
de
Mountford
Earl
of
Leicester
)
yet
being
of
a
Subjects
foundation
,
it
could
not
be
holden
per
Baroniam
,
therefore
the
Abbot
had
no
capacity
to
be
called
to
the
Parliament
,
and
thereupon
the
King
did
grant
,
Quod
idem
Abbas
&
successores
sui
de
veniendo
ad
Parliamentum
,
&
Concilia
nostra
,
vel
haeredum
nostrorum
quie●i
sint
,
&
exonerati
in
perpetuum
.
But
all
these
Cases
abovesaid
,
and
others
that
might
be
remembred
touching
this
point
,
as
little
Rivers
do
flow
from
the
fountain
of
Modus
tenendi
Parliamentum
,
where
it
is
said
,
Ad
Parliamentum
summoneri
&
venire
debent
ratione
tenurae
suae
omnes
&
singuli
Archiepiscopi
,
Episcopi
,
Abbates
,
[
*
](A56189-e33310-b)
*
Modus
tenendi
Parl.
c.
2.
&
Barones
,
Priores
&
alii
Majores
Cleri
,
qui
tenent
PER
COMITATUM
VEL
BARONIAM
,
ratione
hujusmodi
tenurae
,
&
nulli
minores
nisi
eorum
praesentia
necessaria
&
utilis
reputetur
.
To
which
purpose
he
likewise
cites
the
Act
of
Parliament
of
10
H.
2.
called
the
Assize
of
Clarindon
,
and
the
Great
Charter
of
King
John
in
the
17
year
of
his
reign
here
forecited
,
p.
21
,
30
,
31.
For
Modus
tenendi
Parliamentum
(
here
so
much
magnified
)
I
have
already
p.
20
sufficiently
discovered
it
to
be
a
late
forgery
,
and
imposture
out
of
the
very
Treatise
it self
,
by
undeniable
proofs
,
which
I
wonder
Sir
Ed.
Cook
,
Mr.
Agar
,
and
other
pretended
judicious
Antiquaries
observed
nor
,
being
so
obvious
;
yet
though
it
be
an
imposture
and
erronious
in
other
things
,
I
shall
grant
it
true
in
this
particular
here
cited
.
As
to
the
point
in
controversie
;
had
Sir
Ed.
Cook
here
thus
distinguished
in
the
case
of
Laymen
,
Knights
,
Esquires
,
as
he
doth
in
case
of
Abbots
,
Priors
,
and
Religious
persons
,
that
if
the
King
had
by
his
Writ
called
any
Laymen
,
Knight
or
Esquire
to
the
Lords
House
of
Parliament
by
his
general
Writ
,
who
held
of
him
in
fee
or
fee
tayl
,
per
Baroniam
,
and
was
a
Baron
by
tenure
,
that
this
had
enobled
him
and
his
posterity
as
Barons
,
&
he
could
not
refuse
to
serve
the
King
as
a
Baron
in
this
Common
Councel
for
the
good
of
his
Country
;
his
opinion
might
have
passed
for
good
Law
:
For
such
who
had
lands
in
fee
,
or
fee
tayl
of
the
King
by
an
intire
Barony
,
being
Barons
and
Peers
of
the
Realm
by
their
very
tenures
,
ought
of
right
,
by
the
express
words
of
the
Statute
of
Clarindon
,
the
Great
Charter
of
King
John
,
and
by
the
Common
Law
and
Custom
of
the
Realm
,
to
be
summoned
as
Barons
by
the
Kings
special
writs
directed
to
them
,
to
all
Parliaments
and
great
Councils
of
the
Realm
,
by
vertue
of
their
Tenures
,
as
well
as
Bishops
,
Abbots
,
Peers
,
and
other
regular
Prelates
who
held
by
Barony
;
yet
the
writ
in
this
case
doth
not
make
them
and
their
heirs
Barons
by
writ
,
nor
give
them
a
right
to
sit
and
vote
in
Parliament
;
but
only
declare
them
and
their
heirs
to
be
Barons
,
and
to
sit
there
as
Barons
by
their
Tenure
,
not
by
vertue
of
the
Writ
it self
.
But
if
the
King
by
this
general
Writ
summon
any
Layman
,
Knight
or
Esquire
to
the
Lords
House
,
who
holds
not
by
Barony
,
this
doth
no
more
make
him
a
Lord
or
Baron
in
perpetuity
to
him
and
his
heirs
,
nor
no
more
oblige
him
or
his
heirs
to
sit
there
than
Abbots
,
but
that
they
may
refuse
to
serve
in
Parliam
▪
if
he
were
no
Peer
before
,
being
not
obliged
by
any
Law
to
sit
and
serve
therein
as
a
Baron
or
Member
of
the
House
of
Peers
,
by
the
Writ
alone
,
which
doth
not
bind
an
Abbot
,
Prior
,
or
regular
Prelate
,
or
ennoble
him
and
his
Successors
to
be
Peers
and
Barons
of
the
Realm
,
though
they
hold
only
by
Frankalmoign
,
not
by
Barony
:
the
Tenure
By
Barony
being
that
alone
which
obligeth
both
of
them
to
sit
and
serve
in
Parliament
,
unlesse
they
be
created
Dukes
,
Earls
,
Viscounts
,
Lords
,
Peers
,
or
Barons
by
Patent
,
or
else
by
a
special
Wrir
,
wherein
the
estate
and
dignity
of
a
Baron
is
both
created
and
limited
,
as
in
the
[
*
](A56189-e33520-b)
*
Dors.
Claus.
27
H.
8.
m.
24.
Seldens
Titles
of
Honour
,
p.
541.
Writ
that
created
Sir
Henry
de
Bromflet
Baron
of
Vescey
,
in
the
27
year
of
King
Henry
the
6
where
after
the
Nullatenus
omittati●
,
this
Cl●se
is
inserted
,
Volumus
enim
vos
&
haeredes
vestros
ma●culos
de
corpore
vestro
legitime
exeuntes
BARONES
DE
UESCY
EXISTERE
,
Teste
,
&c.
If
a
Layman
who
holds
not
by
Barony
be
created
a
Duke
,
Earl
,
Baron
,
or
other
Peer
of
the
Realm
for
life
,
in
tayl
,
or
in
fee
by
Letters
Patents
,
or
an
Abbot
or
Prior
who
holds
not
by
Barony
,
and
his
Successors
be
created
Lords
of
Parliament
,
by
a
special
Patent
of
the
King
,
as
[
(p)
](A56189-e33580-b)
(p)
Pat.
5.
H.
8.
part
2.
m.
12
Seldens
Title
of
Honour
,
p.
750
,
751.
Sir
Edward
Cook
4
Inst.
p.
45.
Richard
Banham
Abbot
of
Tavestoke
,
and
his
Successors
were
b●
King
Hen.
the
8.
to
whom
the
King
gran●ed
by
special
words
,
Ut
eorum
quilibet
qui
pro
tempore
fuerit
Abb●s
,
sit
&
erit
unus
de
Spiritual●bus
&
religiosis
DOMINIS
PARLIAMENTI
NOSTRI
haeredum
&
successorum
nostrorum
,
gaudendo
honore●
Privilegio
,
&
libertaribus
ejusdem
:
This
obligeth
them
to
appear
and
serve
in
Parliament
upon
every
Writ
of
Summons
,
and
they
their
heirs
males
and
Successors
cannot
refuse
to
serve
,
or
voluntarily
absent
themselves
without
cause
or
license
,
under
pain
of
being
fined
,
and
otherwise
punished
for
their
contempt
,
because
bound
therto
by
their
voluntary
acceptance
of
such
a
special
Patent
and
dignity
.
But
if
they
be
summoned
only
by
a
general
Writ
,
against
their
wills
being
no
Lords
of
Parl.
by
special
Patent
or
Writ
before
,
this
doth
neither
make
the
one
nor
other
Barons
,
nor
enn●ble
their
heirs
males
,
or
successors
,
nor
oblige
them
to
serne
,
nor
subject
them
to
any
fine
for
contempt
;
for
then
the
King
by
his
Writ
might
summon
all
the
Knights
,
Esquires
,
Gentlemen
,
and
any
other
Commoner
,
Freeman
,
Lawyer
,
Clergy
man
of
the
Realm
to
the
Lords
House
,
as
a
Member
at
his
pleasure
,
and
fine
them
for
a
contempt
in
not
appearing
,
and
thereby
increase
that
House
in
infinitum
,
and
make
it
a
mungril
House
of
all
sorts
of
degrees
and
professions
of
men
,
instead
of
a●
House
of
Lords
,
to
its
utter
subversion
,
against
the
fundamental
constitution
and
privilege
of
that
House
;
Therefore
such
Writs
of
summons
must
be
void
and
null
in
Law
,
as
well
as
the
Patent
to
Abbot
Banham
(
as
[
*
](A56189-e33660-b)
*
See
Cooks
4
Inst.
p.
45.
Abbot
Banhams
case
.
Sir
Ed.
Cook
asserts
it
)
for
that
he
was
neither
Baro
,
nor
held
per
Baroniam
:
Now
whereas
he
asserts
,
That
Knights
and
Esquires
,
who
hold
not
by
Barony
,
cannot
refuse
when
summoned
by
Writ
to
serve
the
King
in
Parliament
;
but
yet
Abbots
and
other
regular
Prelates
that
hold
not
by
Barony
may
,
because
they
are
dead
in
Law
,
as
to
secular
affairs
,
and
therefore
not
capable
to
have
voice
in
Parliament
,
unless
they
hold
by
Barony
,
and
were
called
by
Writ
.
This
reason
of
the
difference
is
most
absurd
and
unreasonable
.
For
1.
They
are
both
Subjects
to
the
king
alike
,
and
so
both
equally
obliged
to
serve
and
counsel
him
in
Parliament
.
2ly
.
If
their
tenures
by
Barony
could
make
them
capable
to
have
place
and
voice
in
Parliament
,
though
dead
in
Law
,
quoad
secularia
,
then
much
more
the
kings
and
the
kingdoms
need
of
their
presence
,
counsel
and
advice
in
Parliament
,
touching
the
weighty
affairs
concerning
himself
,
and
the
defence
and
preservation
of
the
Realm
and
Church
of
England
,
when
specially
summoned
by
his
writ
to
Parliament
,
3ly
.
Though
they
were
dead
in
some
sence
only
,
in
respect
of
their
natural
capacities
to
the
world
;
yet
in
their
politick
capacities
they
were
not
so
,
but
secular
,
still
to
sue
,
purchase
,
advise
,
&c.
as
well
as
Laymen
,
in
the
right
of
their
Houses
.
4ly
.
Parliaments
being
always
summoned
as
well
to
advise
of
Ecclesiastical
things
,
touching
the
Church
,
as
of
temporal
things
concerning
the
Realm
of
England
;
their
being
dead
to
the
world
,
quoad
secularia
,
could
no
more
enable
them
to
refuse
to
serve
in
Parliament
,
then
Laymen
,
quoad
Ecclesiastica
negotia
therein
treated
of
,
which
concerned
the
Church
and
Laymen
(
according
to
the
doctrine
in
Popish
times
)
might
as
well
refuse
to
serve
in
Parliament
,
when
summoned
,
because
they
were
no
Ecclesiastical
or
religious
persons
,
who
were
properly
to
consult
of
the
affairs
of
the
Church
of
England
;
as
religious
persons
be
exempted
from
,
and
refuse
to
serve
therein
,
because
dead
to
the
world
,
quoad
secularia
negotia
,
concerning
the
King
and
Realm
of
England
there
debated
and
consulted
of
.
4ly
.
The
true
and
only
ground
then
why
such
Abbots
,
Priors
,
and
all
other
Clergy
men
,
who
held
not
by
Barony
might
refuse
to
serve
in
the
Lords
House
of
Parliament
,
when
summoned
by
Writ
,
was
this
,
that
they
held
not
of
the
King
by
Barony
;
and
upon
this
ground
alone
,
the
Abbot
of
St.
James
without
Northampton
summoned
to
Parliament
by
Writ
,
Anno
12
Ed.
2.
upon
his
Proctors
appearance
and
Petitions
for
him
in
Parliament
(
recorded
at
large
by
[
*
](A56189-e33870-b)
*
Titles
of
Honour
,
730
,
731
,
732
,
733.
Mr.
Selden
,
out
of
the
Leger-book
of
the
Abby
worthy
perusal
,
being
most
full
in
point
was
discharged
from
his
attendance
,
&
his
name
struck
out
of
the
Roll
and
Register
of
the
Chancery
by
the
Chancellor
and
his
Council
,
as
not
one
of
the
list
of
those
who
ought
to
be
summoned
,
for
this
very
reason
,
because
NON
TE
NET
PER
BARONIAM
,
nec
de
Rege
in
capite
,
sed
tantum
in
puram
&
perpetuam
Eleemosynam
&
nec
ipse
Abbas
,
nec
Predecessores
sui
,
unquam
in
Cancellaria
irrotulari
fuerunt
(
except
only
in
49
H.
3.
m.
10.
Schedula
,
voluntarie
)
nec
ad
Parliamentum
citati
hucusque
.
[
*
](A56189-e33960-b)
*
Pat.
26
E.
3.
part
2.
m.
22.
Seldens
Titles
of
Honour
,
p.
734
,
735.
VNDE
PETIT
(
&
habuit
)
remedium
.
And
upon
the
self
same
reason
the
Abbot
of
Leicester
and
his
successors
were
by
special
Patent
in
26
E.
3.
de
veniendo
ad
Parliam
.
&
Consilia
nostra
,
et
haered●m
nostrorum
de
caetero
quieti
sint
et
exempti
in
perpetuum
,
(
hough
this
Abbots
predecessors
had
formerly
been
summoned
to
and
sate
in
Parliaments
interpolatis
vicibus
,
but
no●
continuè
;
because
idem
Abbas
aliquas
terras
sente●ementa
de
Nobis
per
Baroniam
,
seis
a●o
modo
non
tenet
per
quod
ad
Parliamenta
seu
Consilia
nostra
venire
teneatur
.
The
King
reciting
this
as
the
only
ground
of
his
exemption
;
and
thereupon
Nolentes
Abbat●m
indebite
sic
vexari
;
granted
him
and
his
successors
this
Patent
of
Exemption
;
upon
which
his
name
was
cancelled
in
the
[
†
](A56189-e34100-b)
†
Selden
,
ib.
p.
727.
Clause
Roll
of
25
E.
3.
part
1.
m.
5.
dorso
;
and
this
written
in
the
margin
against
it
.
Abbas
Leicestriae
cancellatur
,
quia
habet
cartam
Regis
quod
non
compellatur
venire
ad
Parliamentum
.
And
that
of
Dors.
Claus.
11
E.
3.
par.
2.
m.
11.
&
13
E.
3.
par.
2.
m.
28.
&
1.
cited
by
[
*
](A56189-e34130-b)
*
Titles
of
Honour
,
p.
727.
Mr.
Selden
&
Sir
Edw.
Coke
in
his
Margin
;
mentioned
in
a
Bill
in
Parliament
;
Que
toutes
les
religioses
que
teignont
per
Barony
sayent
tenus
de
venier
au
Parlament
;
is
also
direct
i●
point
;
That
those
who
hold
not
by
Barony
,
are
not
bound
to
serve
in
Parl.
be
they
Religious
persons
,
or
Lay
persons
,
who
are
not
Peers
or
Lords
of
Parliament
,
upon
general
writs
of
summons
;
such
Summons
of
them
being
AN
UNDUE
VEXATION
OF
THEM
,
as
King
Edward
stiles
it
in
his
Patent
,
(
unless
they
voluntarily
appear
upon
such
a
Summons
,
as
this
Patent
informs
us
those
who
were
summoned
in
49
H.
3.
all
did
.
)
This
reason
therefore
exempting
all
Abbots
,
Peers
,
and
religious
persons
from
service
and
attendance
in
the
Lords
House
in
Parliaments
,
though
summoned
thereto
by
writ
,
must
necessarily
exempt
all
Knights
and
Laymen
from
it
,
there
being
the
self
same
ground
,
justice
,
equity
for
it
in
both
,
yea
the
selfsame
unjustice
,
vexation
,
mischief
to
both
;
and
by
consequence
the
selfsame
Law
.
And
if
this
be
Law
,
as
these
Presidents
,
Judgements
,
Records
expresly
resolve
it
to
be
beyond
contradiction
;
Then
it
inevitably
follows
,
that
the
General
writ
of
Summons
to
Parliament
alone
,
doth
neither
create
the
persons
summoned
to
it
,
nor
their
heirs
or
successors
Barons
,
Lords
or
Peers
of
the
Realm
,
unless
they
hold
by
Barony
,
no
although
they
sit
once
or
twice
in
Parliaments
by
vertue
of
them
,
or
interpolatis
vicibus
but
not
continue
as
the
Abbots
of
Leicester
did
,
for
then
they
could
not
allege
or
plead
their
not
holding
Lands
of
the
King
in
Barony
,
or
any
other
tenure
binding
them
to
sit
and
serve
in
Parliament
,
in
barr
of
the
Writs
of
Summons
directed
to
them
,
because
those
writs
themselves
did
ennoble
and
make
them
,
their
posterity
&
successors
Peers
of
Parliament
,
though
they
held
no
Lands
by
Barony
.
8ly
,
it
is
undeniable
by
sundry
presidents
,
that
the
Kings
general
writs
of
Summons
create
none
Lords
or
Peers
of
Parliament
for
life
or
Inheritance
,
if
they
hold
not
by
Barony
;
which
I
shall
evidence
by
these
presidents
in
point
,
[
*
](A56189-e34250-b)
*
Claus.
49
H.
3.
m.
10
dors.
in
Schedula
.
Seldens
Titles
of
Honour
,
p.
723
,
724.
To
the
Parliament
of
49
H.
3.
there
were
no
less
than
64
Abbots
,
36
Priors
,
the
Master
of
the
Temple
,
and
5.
Deans
of
Cathedral
Churches
,
namely
of
York
,
Exeter
,
Salisbury
,
Lincoln
,
Bath
and
Wells
,
summoned
by
general
writs
,
as
the
Bishops
,
Earls
,
Barons
,
and
other
Nobles
were
;
yet
this
did
not
make
themselves
nor
their
Successors
Barons
or
Peers
of
Parliament
;
for
neither
of
these
Deans
nor
their
successors
were
ever
afterwards
summoned
to
Parliament
,
as
they
would
and
must
have
been
,
had
this
writ
made
them
or
their
successors
Barons
and
Lords
:
nor
any
of
the
Abbots
or
Priors
,
but
such
only
who
held
by
Barony
,
who
were
constantly
summoned
,
but
those
who
then
held
not
by
Barony
,
or
Militare
servitium
,
if
casually
summoned
to
one
Parliament
,
were
yet
upon
their
complaints
thereof
,
omitted
and
discharged
in
the
next
,
as
the
Writs
of
Summons
themselves
attest
,
and
[
(1)
](A56189-e34400-b)
(1)
Titles
of
Honour
,
p.
720.
to
736.
Mr.
Selden
manifests
out
of
them
.
Therefore
the
Writs
did
neither
create
them
Barons
for
life
,
much
less
their
successors
after
them
;
for
then
they
should
still
have
of
right
been
summoned
to
succeeding
Parliaments
,
and
ought
not
to
have
been
discharged
.
In
the
18
of
Ed.
2.
[
(2)
](A56189-e34420-b)
(2)
Claus.
18
E.
2.
m.
5.
Seldens
Titles
of
Honor
,
p.
721.726
.
A
Writ
of
Summons
was
sent
by
the
King
,
Magistro
Gilberto
de
Middleton
Archidiacono
Northampton
,
Officiali
Curiae
Cantuariensis
;
&
Magistro
Roberto
de
Sancto
Albano
,
Decano
de
Arcubus
London
.
But
no
writ
was
ever
directed
to
them
afterwards
,
but
in
this
one
Parliament
only
;
therefore
it
made
them
not
Lords
and
Barons
for
life
,
inheritance
or
succession
.
The
like
is
evident
by
the
forecited
presidents
of
the
Abbots
of
St.
James
&
Leicester
and
other
Priors
.
So
the
Gardians
of
the
Spiritualties
of
Bishops
during
the
vacancy
,
and
their
Vicars
Generals
during
their
absence
beyond
the
Seas
,
have
been
frequently
summoned
to
Parliaments
by
writs
:
But
being
summoned
only
as
substitutes
,
or
in
the
right
of
the
Bishops
or
Bishopricks
,
it
made
them
no
Barons
or
Peers
,
neither
were
they
ever
esteemed
such
heretofore
,
or
at
this
day
,
as
[
(3)
](A56189-e34490-b)
(3)
Titles
of
Honour
,
p.
720.
Mr.
Selden
informs
us
.
And
as
it
was
thus
amongst
Abbots
,
Priors
,
Deans
,
and
other
Clergy-men
,
that
these
writs
made
them
not
Barons
for
life
,
nor
yet
in
succession
:
so
by
the
selfsame
Law
and
Reason
they
made
no
Laicks
who
held
not
by
Barony
such
for
life
or
inheritance
.
Whence
we
find
many
such
in
the
summons
to
Parliament
of
King
Henry
3.
Ed.
1
,
2
,
3.
R.
2.
H.
4
,
5
,
6.
who
were
summoned
once
,
twice
or
thrice
,
but
never
afterwards
,
nor
any
of
their
name
or
posterity
;
of
which
no
other
solid
reason
can
be
given
,
but
that
these
general
writs
of
summons
made
them
neither
Barons
for
life
nor
inheritance
,
no
more
than
they
did
Abbots
,
Priors
or
Clergymen
.
For
example
[
(4)
](A56189-e34550-b)
(4)
See
an
Exact
Abridgment
of
the
Records
in
the
Tower
,
and
my
first
Table
thereunto
.
I
find
Edmond
Barstaff
,
Robert
de
Crendon
,
H.
Huse
,
Ader
de
Estlye
,
Serton
de
Hansladorn
,
and
sundry
others
summoned
by
Writ
to
Parliament
in
33
E.
1.
Peter
Corbet
,
Andrew
de
Hamloe
,
Henry
Tregor
Maurice
de
Buen
,
Roger
Banuent
,
and
some
others
in
13
E.
2.
Simon
Ward
,
Henry
Dandle
,
William
Blunt
,
in
4
E.
3.
Roger
de
Claudes
,
Ralph
de
Bevil
,
William
de
Kineston
[
*
](A56189-e34620-b)
*
And
John
de
Leyburn
,
●m.
14.17
.
&
18.
E.
3.
in
14
E.
3.
Ralph
Bulmer
,
Thomas
Bugworth
,
in
22
E.
3.
William
de
Ridehal
in
27
E.
3.
Robert
de
Colvil
,
John
de
Kirton
,
John
de
Wodhurst
,
John
Northwood
,
John
de
Strivelin
,
in
the
Parliament
summons
of
37.
and
one
of
them
again
of
38
E.
3.
Henry
Quarts
,
in
6
H.
4.
Henry
Cuart
,
in
7
H.
4.
William
Cheyney
Chief
Justice
in
4.
&
6
H.
6.
But
neither
of
their
persons
nor
any
of
their
posterity
,
were
ever
after
summoned
that
I
find
to
any
other
Parliaments
,
as
no
doubt
they
would
have
been
,
had
those
their
writs
of
summons
made
them
Lords
and
Barons
.
In
the
Clause
Roll
of
5
E.
3.
m.
12.
dorso
,
the
King
sent
writs
into
Ireland
to
William
de
Burgh
Earl
of
Ulster
,
James
de
Bot●ler
Earl
of
Ormond
,
William
de
Bremigham
Knight
,
and
Walter
de
Burgh
,
strictly
enjoyning
them
with
all
speed
to
come
over
into
England
,
Nobiscum
tractaturi
,
vestrumque
Consilium
impensuri
,
concerning
his
intended
Voyage
in
person
into
Ireland
,
and
setting
the
peace
and
affairs
therof
:
and
I
read
in
the
[
*
](A56189-e34850-b)
*
Chron.
Joh.
Bromton
,
col.
1108.
Mat.
Paris
,
p.
431
,
826.
Hen.
de
Knyghton
de
Eventibus
Angl.
l.
3.
c.
2.
Walsingham
Hist.
Angl.
p.
17
,
18
,
19.
to
23.25.32
,
33.42.49
.
to
56.
reign
of
King
Henry
3.
Edward
the
1.
3.
and
other
of
our
Kings
,
that
the
King
of
Scots
and
his
Nobles
were
oft
summoned
by
Writs
to
our
English
Parliaments
concerning
the
affairs
of
Scotland
:
yet
these
writs
made
none
of
them
Peers
and
Barons
of
our
English
Parliaments
.
From
all
which
I
may
safely
conclude
,
Sir
Edward
Cooks
and
others
Opinions
to
be
no
Law
,
but
a
clear
mistake
;
that
a
general
writ
of
Summons
doth
,
or
can
create
any
who
hold
not
by
Barony
,
Peers
or
Barons
for
life
,
much
less
in
fee
or
fee-tayl
.
Therefore
such
may
be
afterwards
elected
Knights
or
Burgesses
of
Parliament
,
and
be
Members
of
the
Commons
house
,
and
refuse
to
sit
or
serve
in
the
Lords
house
upon
summons
without
contempt
or
fine
:
but
no
Baron
or
Peer
of
the
Realm
may
be
thus
chosen
,
or
neglect
his
service
in
the
Lords
house
.
Finally
,
Mr.
Cambden
in
his
Britannia
,
p.
120
,
122.
&
Apologia
,
p
11.
and
Mr.
J.
Selden
in
his
Titles
of
Honour
,
part
2.
chap.
5.
Sect.
31.
p.
708.
to
718.
assert
,
That
as
some
Spiritual
Barons
,
who
were
conceived
to
be
Barons
by
writ
as
well
as
by
tenure
,
though
sometimes
summoned
to
Parliament
by
writ
,
were
wholly
omitted
at
length
,
as
not
having
of
right
Voice
and
Place
with
the
rest
,
because
they
held
not
by
Barony
;
So
sundry
of
the
Lesser
Barons
and
Tenants
in
Capite
holding
only
of
the
King
as
Vavasors
by
Knights
service
,
and
not
by
an
intire
Barony
,
were
likewise
excluded
the
Parliament
.
and
not
summoned
thereunto
by
King
John
,
Henry
the
3.
&
Edw.
the
1.
being
not
great
and
honourary
Barons
,
nor
having
estates
sufficient
to
support
that
dignity
;
and
that
(
as
Mr.
Selden
conceites
by
some
Law
made
not
long
before
the
Great
Charter
of
King
Iohn
,
procured
by
MAJORES
BARONES
;
who
foreseeing
that
their
power
and
dignity
might
suffer
much
diminution
,
if
the
new
tenants
in
chief
,
or
Patentees
of
Escheated
Baronies
,
and
the
rest
that
were
decayed
should
have
equality
with
them
,
and
be
indifferently
Barons
of
the
Kingdom
every
way
as
they
were
,
procured
a
Law
in
some
of
the
Parliaments
that
preceded
the
Great
Charter
of
King
John
,
by
which
themselves
only
should
hereafter
be
properly
stiled
(
&
summoned
as
BARONS
,
and
the
rest
only
Tenants
in
chief
,
or
Knights
,
which
Titles
shold
be
given
them
,
as
distinct
names
from
Barons
:
which
could
not
but
much
lesen
the
dignity
and
honor
of
the
rest
.
And
if
so
,
then
questionless
such
who
hold
not
by
an
intire
Barony
,
and
are
not
Majores
Barones
by
Patent
or
Inheritance
now
,
cannot
be
created
such
by
a
meer
general
writ
of
summons
;
neither
can
the
King
by
his
general
writ
create
or
make
them
such
against
this
antient
Law
and
usage
ever
since
.
And
the
Earls
,
Lords
and
Great
honorary
Barons
,
who
excluded
all
such
from
sitting
in
Parliament
with
them
as
Barons
and
their
Peers
then
,
may
much
more
exclude
and
refuse
to
admit
such
into
their
house
,
or
to
sit
with
them
if
summoned
now
;
because
their
dignity
,
honor
,
power
,
would
suffer
much
diminution
thereby
;
and
the
King
might
by
writ
at
any
time
call
so
many
to
their
House
,
as
might
overtop
,
over●ote
,
and
alter
their
very
Constitution
as
an
House
of
Peers
.
I
shall
close
up
this
point
of
the
Lords
sole
right
to
sit
in
Parliament
with
one
or
two
memorable
presidents
.
In
the
7.
year
of
King
Edward
2.
as
[
*
](A56189-e35160-b)
*
Ypodigmae
Neustriae
,
p.
101.
Walsingham
stories
,
in
quindena
Paschae
per
Regis
brevia
citatae
sunt
generaliter
omnes
Parliamentales
personae
pro
Parliamento
teuendo
Londoniis
:
Sed
multis
Proceribus
praetendentes
impedimenti
causas
nihil
h●c
vice
factum
su●t
:
So
[
*
](A56189-e35220-b)
*
Walsingham
Hist.
Angl.
p.
86.
Anno
1316.
King
Edward
in
the
9th
year
of
his
reign
,
celebravit
Concilium
apud
Clarindon
,
sed
Magnates
noluerunt
interesse
.
Whereupon
nothing
was
there
effected
.
The
Lords
presence
being
held
then
so
necessary
,
that
by
reason
of
the
absence
of
divers
of
them
upon
some
real
or
pretended
impediments
,
though
all
legally
summoned
by
the
Kings
writs
,
nothing
was
done
or
concluded
by
those
who
met
,
who
held
themselves
no
compleat
or
legal
Parliament
without
them
.
Whereas
in
the
Parliament
of
5
E.
2.
some
of
the
Judges
and
Assistants
departing
from
the
Lords
,
and
divers
Knights
,
Citizens
and
Burgesses
from
the
Commons
house
,
without
license
,
yet
the
Lords
continuing
all
together
,
and
making
Ordinances
for
regulating
the
Kings
house
,
and
Revenues
,
the
Parliament
still
continued
,
and
these
[
(1)
](A56189-e35280-b)
(1)
Claus.
5
E.
2.
m.
27.
dorso
.
special
writs
were
sent
to
recall
the
Judges
and
Lords
Assistants
▪
quod
redeant
exinde
,
et
sine
licentia
nostra
speciali
durante
Parliamento
praedicto
non
recedatis
:
Et
hoc
sicut
indignationem
nostram
vitare
volueritis
,
nullo
modo
omittaris
.
Teste
Rege
apud
Haddely
,
12
Septemb.
PER
CONSILIUM
.
And
this
general
writ
was
sent
to
the
Sheriff
of
Yorkeshire
,
and
all
other
Sheriffs
of
England
to
summon
all
the
Knights
,
Citizens
and
Burgesses
in
their
several
Counties
,
to
return
thither
;
or
else
to
elect
other
fit
persons
in
their
places
.
[
(2)
](A56189-e35350-b)
(2)
Claus
.
5.
E.
2.
m.
26.
dorso
.
Praecipimus
tibi
firmiter
injungentes
,
quod
illos
Milites
,
Cives
&
Burgenses
de
Balliva
tua
quos
nuper
ad
praesens
Parliamentum
nostrum
apud
London
inchoatum
,
de
mandato
nostro
venire
fecisti
,
et
qui
ab
eodem
Parliamento
certis
de
causis
recesserunt
,
quod
redeant
exinde
,
&c.
vel
alios
ad
hoc
idoneos
loco
ipsorum
SI
AD
HOC
VACARE
NON
POSSUNT
,
usque
ad
Westmonasterium
ad
dictum
Parliamentum
quod
ibidem
duximus
continuandum
,
&c.
proxime
futur
:
ad
ultimum
,
cum
sufficienti
potestate
Comitatus
tui
&
Civitatum
&
Burgorum
praedictororum
ad
consentiendum
hiis
quae
tunc
ibidem
contigerint
ordinari
,
&c.
Teste
Rege
apud
London
xi
.
die
Octobris
.
This
Parliament
being
thus
continued
,
Claus.
5
E.
2.
m.
25.
Special
license
was
granted
to
some
LORDS
to
goe
home
,
who
made
Proxies
to
other
Lords
to
supply
their
places
,
by
these
words
,
Deputamus
in
loco
nostro
in
Parliamento
:
and
this
in
the
Writ
of
Prorogation
.
This
,
I
hope
,
will
suffice
to
convince
all
Levellers
and
Gainsayers
,
of
the
LORDS
undoubted
antient
Hereditary
just
Right
and
Title
,
to
sit
,
vote
in
all
ENGLISH
PARLIAMENTS
,
though
not
elected
by
the
people
.
SECTION
II.
Wherein
the
Lords
House
sole
Right
of
Judicature
in
Parliament
,
without
the
Commons
,
is
fully
cleared
by
Presidents
,
Histories
,
Records
in
all
ages
,
and
undeniable
Reasons
,
and
that
both
in
Criminal
,
Civil
,
Ecclesiastical
Causes
of
all
sorts
,
as
well
in
cases
of
Commoners
,
and
Clergymen
,
as
Temporal
Peers
,
&
persons
of
the
highest
degree
,
proper
for
Parliament
.
IT
is
the
General
confession
,
resolution
,
assertion
both
of
[
(a)
](A56189-e35510-b)
(a)
7
H.
6.16
.
m.
19
H.
6.63
,
64
30
H.
6.26
.
a.
33
H.
6.18
.
a.
21
H.
7.1
.
Br.
Parliament
28.
14
H.
8.9
b.
Dyer
,
f.
60.
St.
Germin
,
l.
1.
c.
26.
Plowden
,
f.
126.388
,
389.
&
398.
Cook
8
Rep.
f.
120.9
Report
in
the
Epistle
,
1
Institute
,
f.
109
,
110.4
.
Instit.
c.
1.
Cromptons
Jurisdiction
of
Courts
,
f.
1
,
2.
Ashes
Tables
Parliament
,
sect.
15.
Cowels
Interpreter
,
Minshawes
Dictionary
,
tit
.
Parliament
,
Sir
Thomas
Smith
,
De
Republica
Angl.
l.
2.
c.
1
,
2.
Vowel
,
Cambdens
Britannia
,
Justice
Doderidge
,
Mr.
Tate
,
Mr.
Agar
.
Lawyers
,
Law-books
,
the
Parliament
and
Statute
of
31
H.
8.
c.
10.
and
all
who
have
written
of
our
Parliaments
;
That
the
Parliament
of
England
is
the
antientest
,
honourablest
,
highest
Court
and
Supremest
Judicature
in
the
Realm
;
to
whose
Judicature
all
other
Courts
,
Persons
,
Subjects
of
the
Realm
are
subject
&
accountable
for
all
Injuries
,
Oppressions
,
Crimes
,
Wrongs
,
Corruptions
,
Errors
,
Abuses
▪
Grievances
,
Misdemeanors
,
Treasons
,
Contempts
,
Frauds
,
false
Judgments
,
and
matters
of
publike
or
privat
concernment
not
properly
triable
,
remediable
,
or
punishable
in
other
inferior
Courts
of
Justice
,
and
that
Court
to
whom
all
Appeals
concerning
Misproceedings
,
Errors
,
or
Injustice
in
other
Courts
or
places
ought
to
be
made
,
and
from
whose
Injustice
and
Sentence
there
is
no
appeal
,
but
only
to
another
Parliament
;
as
in
the
case
of
General
Councils
(
as
Divines
assert
)
there
is
no
appeal
but
to
another
general
Council
in
Ecclesiastical
affairs
concerning
the
Universal
Church
,
or
matters
of
Faith
.
This
being
an
unquestionable
Principle
and
Truth
,
the
sole
Question
will
be
,
in
what
House
or
Persons
in
Parliament
this
Supreme
Judicatory
,
or
judicial
power
resides
?
Whether
in
the
King
alon●
?
or
Lords
alone
?
or
King
and
Lords
jointly
?
or
in
the
House
of
Commons
alone
?
(
never
made
a
question
●il
now
,
by
Lilburn
and
Overton
)
or
in
the
King
and
House
of
Peers
,
not
separate
from
,
but
joyntly
with
the
Commons
House
?
And
for
my
part
I
conceive
,
it
resides
wholly
and
solely
in
the
King
and
House
of
Lords
,
not
in
the
House
of
Commons
;
which
hath
no
part
nor
share
therein
singly
considered
in
it self
,
nor
yet
joyntly
with
the
King
and
Lords
,
but
only
in
some
special
cases
and
proceedings
,
as
when
and
where
the
King
and
Lords
voluntarily
require
their
concurrence
,
or
where
the
judgement
and
proceedings
in
Parliament
are
by
way
of
Bill
or
Act
of
Parliament
;
or
when
a
judgement
passed
or
confirmed
by
Bill
or
Act
to
which
the
Commons
consent
was
requisite
,
is
to
be
altered
or
reversed
,
but
in
no
cases
else
,
that
I
can
find
.
To
make
this
ou●
beyond
contradiction
;
it
must
be
necessarily
granted
by
all
,
and
cannot
be
gainsaid
or
disproved
by
any
,
that
this
Supreme
power
of
Judicature
hath
been
vested
in
our
Great
Councils
and
Parliaments
even
from
their
beginning
and
original
institution
,
it
being
the
antientest
,
as
well
as
highest
and
honourablest
of
all
other
Courts
:
That
it
had
this
Soveraign
Jurisdiction
vested
in
and
exercised
by
it
,
both
under
our
British
,
Saxon
,
Danish
and
Norman
Kings
,
I
have
elsewhere
evidenced
,
and
shall
anon
make
good
by
undeniable
presidents
.
Now
the
Great
Parliamentary
Councils
under
them
,
consisted
only
of
the
King
,
the
Ecclesiastical
and
Temporal
Lords
,
Earls
,
Barons
,
Nobles
,
without
any
Commons
House
,
or
Knights
of
Shires
,
Citizens
or
Burgesses
elected
by
the
people
;
as
I
have
already
touched
,
and
manifested
more
fully
in
[
(b)
](A56189-e35660-b)
(b)
My
Historical
Collection
of
the
antient
Parliaments
of
England
,
And
2.
&
3.
Part
of
my
Legal
Vindication
,
and
Historical
Collection
of
the
Fundamental
Laws
of
England
.
other
Treatises
:
yea
the
most
,
best
Antiquaries
and
English
Historians
I
have
seen
who
Treat
of
our
Parliaments
(
except
that
Gross
Impostor
who
composed
that
ridiculous
Treatise
stiled
Modus
tenend●
Parliamentum
,
when
there
was
never
any
Parliament
held
in
any
age
in
England
or
Ireland
,
in
such
manner
as
●e
there
relates
&
prescribes
,
with
Sir
Edward
Cook
,
and
some
other
injudicious
Antiq●aries
seduced
by
this
pretended
,
forged
Antiquity
)
have
not
presumed
to
derive
the
Antiquity
of
the
Knights
,
Citizens
,
and
Burgesses
summons
to
,
and
si●ting
in
our
Parliaments
higher
than
the
Parliament
held
under
Henry
the
1.
at
Salisbury
,
Anno
Dom.
1116.
the
16
year
of
his
reign
.
To
which
Polydor
Virgil
,
Hist.
Angl.
An.
1116.
Judge
Dodridge
and
others
in
the
Antiquity
of
the
Parliamen●s
of
England
,
p.
18
,
19
,
20
,
40
,
80
,
86
,
87.
Holinshed
in
his
Chronicle
,
vol.
3.
p.
38
,
39.
John
Speed
in
his
History
of
Great
Britain
p.
438
,
439.
referre
their
Original
,
if
not
the
beginning
of
Parliaments
themselves
.
But
under
these
learned
mens
correction
(
who
produce
no
warrant
from
histories
or
records
in
that
age
for
proof
of
what
they
affirme
)
I
dare
confidently
assert
,
that
there
is
nothing
to
be
found
in
History
or
Record
to
warrant
this
their
fancy
;
but
many
direct
evidences
against
it
,
which
I
shall
briefly
clear
,
being
very
pertinent
to
the
present
controversie
,
and
judicature
of
the
Lords
House
.
1.
It
is
most
clear
,
that
to
this
Parliamentary
Council
held
at
Salisbury
,
Anno
16
H.
1.
No
Commons
,
Knights
Citizens
,
elected
by
the
people
were
called
by
this
Kings
Writs
,
as
some
of
these
Authors
,
with
the
Manuscript
of
Canterbury
positively
assert
,
and
others
of
them
seem
to
incline
unto
;
but
only
the
Lords
spiritual
and
temporal
of
the
Realm
,
as
[
(c)
](A56189-e35880-b)
(c)
Chron.
vol.
3.
p.
38.
Holinshed
himself
relates
,
whom
[
(d)
](A56189-e35900-b)
(d)
Hist.
of
Great
Britain
p.
438.
Speed
stileth
the
Estates
both
Spiritual
and
Temporal
.
This
is
evident
by
[
(e)
](A56189-e35930-b)
(e)
Hist.
Novor
.
l.
5.
p.
117.
Eadmerus
who
then
lived
,
and
thus
records
the
proceedings
of
that
convention
under
this
King
,
13
Kal.
Aprilis
,
factus
est
Conventus
Episcoporum
Abbatum
,
et
Principum
totius
regni
apud
Serberiam
,
cogente
eos
illuc
sanctione
Regis
●enrici
:
Which
[
(f)
](A56189-e35970-b)
(f)
Annal.
pars
prior
,
p.
473
▪
Rog.
de
Hoved.
thus
seconds
,
Comites
et
Barones
totius
.
Angliae
apud
Salisberiam
convenerunt
;
[
(g)
](A56189-e36010-b)
(g)
Mat.
Par.
Anno
1114.
p.
63.
Mat.
Westm.
p.
28.
who
as
Mat.
Paris
and
Mat.
Westminster
,
with
them
,
relate
,
Jurarunt
fidelitatem
Willielmo
filio
suo
.
[
(h)
](A56189-e36060-b)
(h)
De
Gest.
Reg.
Angl.
col.
237.
Simeon
Dunelmensis
●●iles
it
,
Conventus
Optimatum
et
Baronum
totius
Angliae
,
wherein
jussu
Regis
omnes
Comites
et
Barones
cum
Clero
totius
Regni
,
swore
fealty
to
him
and
his
Son
,
as
the
[
(i)
](A56189-e36120-b)
(i)
Col.
1005.
Chronicle
of
Brompton
also
relates
:
not
any
of
our
antient
Historians
making
mention
of
any
Commons
,
Knights
,
Burgesses
,
but
only
of
Bishops
,
Abbots
,
Earls
,
Lords
and
Barons
of
the
Realm
there
present
at
it
.
In
this
Parliament
,
after
the
Earls
,
Barons
,
and
Great
men
had
done
homage
to
William
the
Kings
Son
,
and
sworn
allegiance
to
him
;
the
Cause
and
complaint
between
Ralph
Archbishop
of
Canterbury
and
Thurstan
elected
Archbishop
of
York
,
was
there
heard
and
debated
,
which
had
been
agitated
between
them
a
whole
year
before
.
[
*
](A56189-e36200-b)
*
Mat.
Paris
Anno
1115.
p.
62.
Hen.
Huntindon
,
Hist.
l.
7.
p.
380.
Antiq.
Eccles.
Brit.
p.
112
,
113.
Radulph
.
de
Diceto
.
Anno
1115.
col.
502
,
504.
Gervasius
Actus
Pontif.
Cantuar.
col.
1661.
Thomas
Stubs
Actus
Pontif.
Eboracensium
,
col.
1714.
Henry
de
Knighton
de
Event
.
Angl.
l.
2.
c.
8.
col.
2379.
Will
.
Malmsbury
de
Gestis
Pontif
.
l.
1.
p.
232.
Thurstan
being
admonished
by
Ralph
to
make
his
subjection
to
the
See
of
Canterbury
,
and
to
receive
his
consecration
from
him
after
the
ecclesiastical
and
usual
manner
:
Answered
,
That
he
would
willingly
receive
his
consecration
from
him
,
but
he
would
by
no
means
make
that
profession
of
subjection
to
the
See
of
Canterbury
,
which
he
exacted
,
but
only
that
which
Pope
Gregory
,
and
after
him
Pope
Honorius
the
6.
had
ordained
,
who
made
this
agreement
between
the
two
Archbishops
of
England
,
Ut
neuter
alteri
subjectionis
professionem
faceret
,
nisi
tantum
ut
qui
prior
ordinatus
esset
quamdiu
viveret
prior
haberetur
:
quod
proprium
est
servorum
Dei
,
ut
verahumilitate
sibi
invicem
acclives
sint
,
&
nullus
super
alium
primatus
ambitionem
exercere
debet
:
Sicut
Dominus
noster
Verae
humilitatis
praedicator
&
amator
discipulos
suos
,
de
hac
re
litigantes
redarguens
,
dixit
eis
,
Qui
major
est
vestrum
erit
omnium
minister
;
Nullus
siquidem
post
beatum
Augu●●inum
●
qui
non
tam
Archiepiscopus
quam
Apostolus
Anglorum
dicendus
est
)
Archiepiscoporum
Cantuariensium
primatum
totius
Angliae
sibi
vendicare
praesumpsit
,
usque
ad
Theodorum
Archipraesulem
,
cui
propter
singularem
in
Ecclesiastica
Disciplina
solertiam
,
omnes
Angliae
Episcopi
subjici
consenserunt
,
sicut
Beda
in
Ecclesiastica
Historia
Angliae
testatur
:
Quamobrem
Turstinus
nullam
aliam
subjectionis
professionem
Cantuariensi
Pontifici
facere
voluit
,
nisi
quam
beatus
Papa
Gregorius
institui●
:
Ralph
on
the
other
side
pleaded
,
the
subjection
of
his
predecessors
made
to
his
Predecessors
;
Rex
autem
Henricus
,
ubi
adv●rtit
Turstinum
in
sua
stare
pervicatia
,
aperte
protestatus
est
,
illum
aut
morem
antecessorum
suorum
,
tam
in
professione
facienda
,
quam
in
aliis
dignitatis
Ecclesiae
Cantuariensis
,
ex
antiquo
jure
competentibus
executurum
,
aut
Episcopatu
Eboracensi
cum
benedictione
funditus
cariturum
.
His
auditis
ille
suo
cordis
consilio
inpraemeditatus
credens
,
renunciavit
Pontificatui
;
spondens
Regi
&
Archiepiscopo
,
se
dum
viveret
illum
non
reclamaturum
,
nec
aliquam
calumniam
inde
moturum
,
qui
cunque
substitutus
fuisset
.
But
Thurstan
afterwards
repenting
of
his
rashness
,
contrary
to
his
agreement
in
Parliament
,
going
to
the
Pope
,
against
the
Kings
command
,
to
the
Council
at
Rhemes
,
was
there
consecrated
Archbishop
of
York
by
Pope
Calixtus
himself
;
contrary
to
his
promise
to
the
Kings
agent
,
and
Canterburies
,
who
there
publikely
protested
against
his
consecration
,
without
making
any
subjection
to
the
See
of
Canterbury
.
Whereupon
the
King
prohibited
Thurstan
to
return
into
England
,
or
any
of
his
Dominions
,
swearing
,
that
he
should
never
return
whiles
he
lived
,
unless
he
would
make
his
subjection
to
the
See
of
Canterbury
:
Which
Oath
he
refused
to
violate
at
the
Popes
personal
request
to
him
,
(
though
he
then
absolved
him
voluntarily
from
this
Oath
)
saying
,
[
*
](A56189-e36450-b)
*
Eadmerus
,
l
,
5.
p.
125
,
126.
Quod
dicit
se
quoniam
Apostolicus
est
,
me
à
fide
quam
pollicitus
sum
,
absoluturum
:
Si
contra
eandem
fidem
Thurstinum
Eboraci
recepero
,
non
videtur
regiae
honestati
convenire
hujusmodi
absolutioni
consentire
.
Quis
enim
fidem
suam
cuivis
pol●c●ntii
amplius
crederetur
,
cum
eam
meo
exemplo
tam
facile
absolutione
annihilari
posse
videret
.
As
in
this
famous
Parliamentary
Council
of
Salisbury
,
so
in
all
precedent
and
subsequent
Great
Councils
and
Conventions
during
the
whole
reign
of
king
H.
1.
the
Prelates
,
Earls
,
Barons
,
spiritual
and
temporal
Lords
were
only
summoned
as
Members
,
not
any
Knights
,
Citizens
,
Burgesses
,
or
Commons
elected
by
the
people
,
which
I
shall
next
make
good
.
In
a
Parliamentary
[
(k)
](A56189-e36530-b)
(k)
Mat.
Paris
,
p.
53
,
54.
Eadmerus
,
Hist.
Novor
.
l.
3.
Chron.
Johan
.
Bromton
,
col.
1201
,
1202.
Malmsbury
de
Gest.
Regum
,
l.
5.
p.
156.
See
Holinshed
,
Speed
,
Daniel
.
Council
in
the
1.
year
of
his
reign
Anno
1100.
he
was
elected
and
crowned
King
of
England
,
abolished
ill
Laws
,
confirmed
King
Edwards
Laws
,
and
the
Great
Charter
of
Liberties
under
his
Seal
,
Communi
Concilio
Baronum
regni
:
Archiepisco●is
,
Episcopis
,
Comiti●u●
,
Proceribus
,
Magnatibus
et
Optimatibus
totius
Regni
Angliae
,
there
subscribing
to
his
Charter
then
granted
,
as
witnesses
;
See
here
,
p.
58
▪
59.
The
same
year
,
[
(l)
](A56189-e36590-b)
(l)
Simeon
Dunelmensis
,
col.
226.
Chronicon
Johannis
Bromton
,
col.
998.
Hovede●
,
annal.
pars
1.
p.
408.
Majores
natu
Angliae
et
Magnates
terrae
congregavit
Londonii
,
by
whose
advice
h●
maried
Mawde
,
daughter
of
the
King
of
Scots
,
right
heir
to
the
crown
of
the
Saxon
line
,
and
anointed
and
crowned
her
Queen
:
there
being
a
great
debate
,
[
(m)
](A56189-e36650-b)
(m)
Eadmerus
Hist.
Novorum
,
l.
3.
page
56
,
57
,
58.
whether
she
might
lawfully
marry
,
having
worn
a
veil
●n
a
Monaste●y
whiles
she
was
young
?
which
was
resolved
in
a
Council
at
Lambeth
,
where
Episcopi
,
Abbates
,
Nobiles
quique
,
ac
religiosi
ordinis
viri
,
were
a●embled
●o
de●cide
i●
;
who
upon
debate
resolved
she
might
lawfully
marry
:
as
Eadmerus
records
at
large
.
The
next
year
,
Anno
1001.
[
(n)
](A56189-e36730-b)
(n)
Eadmerus
l.
3.
p.
58
,
59.
Will
.
Malmsburiensis
de
Gestis
Pontif.
l.
1.
p.
124
,
125.
Duke
Robert
returning
from
the
holy
Land
,
and
laying
claim
to
the
Crown
of
England
as
right
heir
and
eldest
Brother
,
thereupon
King
Henry
,
PRINCIPES
suspectos
habentes
,
ne
à
se
instabili
ut
sit
fide
dissilirent
,
and
they
suspecting
him
,
ne
undique
pace
potitu
,
in
se
legibus
efferatis
desaeviret
,
actum
ex
consulto
est
,
ut
certitudo
talis
exinde
fieret
,
quae
utrinque
quod
verebatur
excluderet
.
Sed
ubi
ad
sponsionem
fidei
ventum
est
,
TOTA
REGNI
NOBILITAS
,
(
assembled
in
a
Parliamentary
Council
)
cum
populi
numerositate
(
who
depended
on
their
advice
)
Anselmum
inter
se
&
regem
medium
fecerunt
,
quanta
ei
vice
sui
manu
in
manum
porrecta
promitteret
.
Iustis
et
Sanctis
Legibus
se
totum
regnum
quo●d
viveret
in
cunctis
administraturum
.
After
which
,
when
as
upon
the
report
of
Duke
Roberts
arival
,
Statim
MAJORES
REGNI
,
quasi
suae
sponsionis
immemores
ad
illum
relicto
Rege
,
semet
transferre
parabant
.
Whereupon
Anselm
AD
UNATIS
PRINCIPIBUS
CUNCTIS
,
shewed
to
them
,
and
after
that
to
the
whole
multitude
of
the
Army
who
came
about
them
,
quam
execrabiles
Deo
et
omni
bono
homini
forem
,
qui
fidem
quam
Principi
suo
debebant
quoquo
modo
●iolarent
.
Whereupon
cuncti
ilico
spretâ
vita
non
sequius
eligerent
morte
procumbere
,
quam
violata
fide
sua
Regem
seducere
:
After
which
,
[
(o)
](A56189-e36880-b)
(o)
Mat.
Paris
p.
55.
Chronicon
Johan
.
Bromton
,
col.
998.
PRINCIPES
utrinque
fratrum
non
ferentes
dissidium
colloquium
inierunt
,
pio
&
circumsp●cto
consilio
MVTUUM
ET
GENERALE
,
and
by
the
[
(p)
](A56189-e36900-b)
(p)
Matth.
Westm.
Mat.
Paris
,
Hoveden
,
Huntindon
,
Simeon
Dunelmensis
,
Chronicon
Johan
.
Bromton
,
an.
1101.
Henry
de
Knyghton
de
Eventib.
Angl.
l.
2.
c.
8.
Mediation
of
the
NOBLES
on
both
sides
an
accord
was
made
between
the
King
and
his
Brother
Robert
,
propter
manifestum
jus
quod
habuit
ad
regnum
possidendum
,
that
Robert
should
receive
3000
marks
yearly
from
England
,
and
that
the
longest
liver
of
them
should
be
heir
to
the
other
,
if
he
died
without
issue
male
.
Hoc
autem
PER
12
MAGNATES
juratum
fuit
utrinque
.
[
(q)
](A56189-e36970-b)
(q)
Eadmerus
,
Hist.
Novorum
,
l.
3.
p.
61
,
62.
Malmsburien
.
de
Gestis
Pontif.
l.
1.
p.
225.
Anno
1202.
there
fell
out
a
difference
between
the
King
and
Anselm
,
touching
investitures
of
Bishops
,
Anselm
refusing
to
consecrate
any
Bishop
,
Abbot
or
Clerk
who
received
investitures
from
the
King
or
the
hand
of
any
Layman
,
being
against
the
Decree
of
the
General
Council
of
Rome
:
whereupon
the
King
sent
for
him
to
his
Court
;
where
this
business
was
at
large
debated
EPISCOPIS
,
REGNI
PROCERIBUS
QUE
,
verba
hinc
inde
ferentibus
,
&
in
singulis
Regiae
voluntati
parere
certantibus
,
imo
ne
Romanae
Pontificis
obedientiae
subderetur
summopere
●insistentibus
.
Not
long
after
the
King
by
other
Letters
summons
Anselm
to
appear
at
Winchester
to
compose
this
difference
;
Ubi
EPISCOPIS
TERRAE
QUE
PRINCIPIBVS
sub
uno
coactis
,
COMMUNI
ASSENSU
apud
Anselmum
actum
est
;
Nuncii
prioribus
excellentiores
ex
utraque
parte
Romam
mitterentur
,
Romano
Pontifici
viva
voce
exposituri
,
illum
aut
à
sententia
decessurum
,
aut
Anselmo
,
cum
suis
extra
Angliam
pulso
,
totius
regni
subjectionem
et
commodum
quod
in●e
singulis
annis
habere
solebat
,
perditurum
.
Which
being
accordingly
pursued
,
and
[
(r)
](A56189-e37120-b)
(r)
Eadmerus
l.
3.
p.
66.
faventibus
simul
et
incitantibus
Regem
Episcopis
,
regnique
Proceribus
,
he
commanded
Anselm
to
promise
to
doe
him
homage
,
and
consecrated
all
those
to
whom
he
had
given
investitures
without
retractation
.
The
same
year
1102.
[
(s)
](A56189-e37160-b)
(s)
Eadmerus
,
l.
3.
p.
67.
Wi●l
.
Malmsbury
de
Gestis
Pontif.
Angl.
l.
1.
p.
228.
Hoveden
An.
1.
p.
469.
Mat.
Par.
p.
56.
Matthew
Westm.
p.
23.
Simeon
Dunelm
.
Hist.
col.
227
,
228.
Abbrev.
Chron.
col.
499.
Chron.
Johan
.
Bromton
,
col.
1000.
Antiquitates
Eccles.
Brit.
p.
104
,
106.
Seldens
Titles
of
Honour
,
p.
763.
Celeb●atum
est
generale
Concilium
Episcoporum
et
Abbatum
totius
Regni
,
at
St.
Peters
Church
on
the
West
side
of
Lo●don
:
rege
annuente
huic
conventui
affuerunt
,
Anselmo
Archiepiscopo
petente
a
Rege
,
Primates
Regni
,
quatenus
qui
qu
d●ejusdem
Concilii
authoritate
●ecernectur
utriusque
ordinis
concordi
,
cura
et
sollicitudine
ratum
servaretur
:
Sic
enim
necesse
erat
,
&c.
In
which
Council
there
were
many
Laws
and
Canons
made
for
regulating
the
Church
,
Monks
and
Clergy
▪
communi
consensu
Episcoporum
,
et
Abbatum
,
et
Principum
totius
Regni
,
Principes
Regni
omnes
tam
Ecclesiastici
quam
secularis
ordinis
▪
being
present
at
it
;
as
the
marginal
Authors
attest
,
but
no
Commons
,
Knights
or
Burgesses
.
Not
long
after
the
same
year
,
Anselm
peremptorily
refusing
to
consecrate
those
Bishops
whom
the
King
invested
with
a
pastoral
Staff
and
Ring
,
and
some
of
them
resigning
them
as
unlawfull
,
and
publikely
refusing
to
be
consecrated
by
such
an
investiture
from
the
king
,
to
his
great
dishonour
,
and
prejudice
of
his
royal
right
and
prerogative
;
the
[
(t)
](A56189-e37280-b)
(t)
Eadmerus
Hist.
Nov.
l.
3.
p.
69
,
70.
Wil.
Malmsbury
de
Gest●s
Pontif
.
l.
1.
p.
226.
Antiq.
Eccles.
B●it
.
p.
105
,
106.
Godwins
Cat.
of
Bishops
in
the
life
of
Anselm
.
Radulph
.
de
Diceto
col.
499
Chron.
Gervasii
col.
1658
,
1659.
Chron.
Jo.
Bromton
.
col.
999.
Hoveden
annal
pars
1.
p.
47.
king
thereupon
repaired
to
Canterbury
,
where
Anselm
and
he
had
a
sharp
contest
;
At
last
he
requested
An
elm
to
goe
in
person
to
Rome
to
procure
the
Pope
to
reverse
his
decree
against
investitures
,
ne
ipse
perdendo
suorum
jura
Antecessorum
,
eis
vilior
fiat
,
who
desired
that
this
businesse
might
be
deferred
till
Easter
,
ut
audito
Episcoporum
Regnique
Primatum
Consilio
,
qui
modo
non
assunt
,
respondeam
hinc
:
Which
being
granted
,
Anselmus
in
Pascha
Curiam
venit
,
regni
ingenuitatem
de
negotio
praesens
consuluit
,
COMMUNIS
CONCILII
Vocem
unam
accepit
(
so
Eadmerus
)
Convenitur
a
Rege
,
&
EPISCOPIS
ET
MAGNATIBUS
(
so
Malmesbury
relates
it
)
ut
ipse
Romam
dignatur
proficisci
,
quod
alii
minus
egerant
sua
praesentia
suppleturus
,
who
thereupon
consented
to
goe
,
NE
CUCTORUM
VOLUNTATI
DEESSET
.
[
(u)
](A56189-e37410-b)
(u)
Mat.
Westm.
anno
1103.
p.
232.
Mat.
Paris
,
p.
56.
Chron.
Gervasiii
col.
1659.
Eadmerus
l.
4.
p.
76.
Mat.
Paris
,
Matthew
Westminster
and
others
write
,
that
he
was
then
banished
out
of
England
for
his
obstinacy
,
Regis
injusto
judicio
,
and
all
his
temporalties
seised
,
which
Eadmerus
and
others
write
,
was
not
done
nor
executed
till
after
the
Popes
Decree
against
the
Right
of
investitures
passed
against
the
King
and
Anselms
departure
from
Rome
towards
England
;
when
the
King
prohibited
him
to
return
into
England
,
unless
he
would
submit
to
doe
him
homage
,
and
consecrate
Bishops
by
his
investiture
,
as
all
our
Historians
accord
.
[
(x)
](A56189-e37520-b)
(x)
Mat.
Par.
p.
59.
Mat.
Westminster
,
Hoveden
,
Simeon
Dunelmensis
.
Anno
1106.
Duke
Robert
coming
to
his
Brother
King
Henry
the
1.
into
England
to
Northampton
,
to
de●ire
him
to
restore
his
Brotherly
affection
to
him
,
whereof
he
had
deprived
him
,
but
could
not
obtain
it
.
Rex
itaque
Henricus
sentiens
conscientiam
suam
in
obtentu
regni
cauteriatam
,
erat
quippe
eleganter
literatus
,
utpote
a
primaeva
aetate
praecepto
patris
addictus
literis
&
jam
in
jure
,
quod
audierat
secreto
expeditus
,
coepit
in
semetipso
impetus
insurgentium
formidare
,
&
Dei
judicium
in
ipsum
fulminare
;
eo
quod
fratri
suo
primogenito
,
cui
jus
regni
manifeste
competebat
,
temere
usurpando
,
injuste
nimis
abstulerat
.
Sed
plus
timens
homines
quam
Deum
,
regni
Nobiles
primo
subdolis
pollicitis
inclinando
conciliavit
,
cogitans
postea
per
fundationem
Abbatiae
,
quam
construere
proposnerat
;
de
tanta
injuria
Deo
satisfacere
.
Magnatibus
igitur
Regni
,
ob
hoc
Londonium
edicto
Regio
convocatis
,
Rex
talibus
alloquiis
super
mel
&
favum
,
oleumque
,
mellitis
et
mollitis
blandiens
,
dixit
;
Amici
&
fideles
mei
indigenae
ac
naturales
,
nostis
veraci
fama
reference
,
qualiter
frater
meus
Robertus
electus
,
&
per
Deum
vocatus
est
,
ad
regnum
Hierosolymitanum
foeliciter
gubernandum
,
&
quam
frontose
illud
infoelicirer
refutaverit
,
merito
propterea
a
Deo
reprobandus
.
Nostis
etiam
in
multis
aliis
superbiam
&
ferocitatem
illius
,
quia
Vir
bellicosus
pacis
impatiens
est
,
vosque
scientet
quasi
contemptibiles
,
&
quos
desides
vocat
&
gluttones
,
conculcare
desiderat
.
Ego
vero
Rex
humilis
&
pacificus
,
vos
in
pace
,
in
antiquis
vestris
libertatibus
,
prout
crebrius
jurejurando
promisi
,
gestio
confovere
,
&
vestris
inclinando
consiliis
,
consultius
ac
mitius
,
more
mansueti
principis
,
sapienter
gubernare
,
&
super
his
(
si
provideritis
)
scripta
subarata
roborare
,
&
iteratis
juramentis
praedicta
certissime
confirmare
:
omnia
videlicet
,
quae
sanctus
Rex
Edwardus
,
Deo
inspirante
,
provide
sancivit
,
inviolabiliter
jubeo
observari
.
Ut
mecum
fideliter
stantes
fratris
mei
,
imo
et
mei
,
&
totius
regni
Angliae
hostis
cruentissimi
,
injurias
poten●er
,
animose
&
voluntarie
propulsetis
.
Si
enim
fortitudine
Anglorum
roborer
,
innanes
Normannorum
minas
nequaquam
censeo
formidandas
,
Talibus
igitur
promissis
quae
tamen
in
fine
impudenter
violavit
,
omnium
corda
sibi
inclinavit
,
ut
pro
ipso
contra
quemlibet
usque
ad
capitis
expositionem
dimicarent
.
This
Duke
thereupon
departing
into
N●rmandy
,
was
followed
thither
by
King
Henry
,
who
there
taking
him
,
together
with
the
Earl
of
Morton
,
and
other
Nobles
Prisoners
,
brought
them
over
to
England
,
where
they
were
adjudged
to
perpepetual
prison
by
the
BARONS
,
and
Duke
Robert
to
be
put
to
death
,
as
[
(y)
](A56189-e37690-b)
(y)
De
Event
.
Angl.
l.
2.
c.
8.
col.
2374.
Henry
de
Knyghton
thus
relates
,
Robertus
vero
captus
pudorosae
et
immani
,
morti
adjudicatus
est
,
Henricus
vero
frater
ejus
non
sustinens
ignominiam
tantam
protendere
in
sanguine
suo
▪
institit
er
go
BARONES
suos
(
who
passed
a
sentence
on
him
in
a
Parliamentary
Council
)
ET
IMPETRAVIT
AB
EIS
,
quod
praedictus
Robertus
debet
exoculari
,
&
ex●●cari
cum
bacillo
ardenti
.
Sicque
apud
Lincolniam
perpetuo
carceri
mancipatus
.
Anno
1107.
The
King
and
Anselm
by
the
Popes
mediation
and
others
coming
to
an
accord
;
[
(z)
](A56189-e37790-b)
(z)
Eadmerus
l.
4.
p.
90.
Hereupon
the
King
returning
into
England
;
advenatis
ad
Curiam
ejus
in
Pascha
Terrae
Principibus
,
dilata
est
Ecclesiarum
ordinatio
quam
Rex
se
facturum
disposuerat
,
by
reason
of
the
Popes
coming
into
France
to
the
Council
of
Trecis
:
But
afterwards
in
August
,
[
(a)
](A56189-e37850-b)
(a)
Eadmerus
l.
4.
91
,
92.
Mat.
Westm.
p.
25
,
26.
Mat.
Paris
,
p.
60.
Hoveden
An.
p.
471.
Simeon
Dunelm
.
Hist.
col.
230.
Radulph
.
de
Diceto
Abbrev.
Chron.
col.
500.
Antiq.
Eccl.
Brit.
p.
107
,
108.
Godw.
in
the
life
of
Anselm
.
Factus
est
Conventus
Episcoporum
et
Abbatum
,
pariter
&
Magnatum
,
(
or
Procerum
)
Regni
Londoni●s
in
Palati●
〈◊〉
▪
where
,
per
consilium
Anselmi
,
&
Procerum
Regni
,
annuit
Rex
&
statuit
,
this
accord
and
Decree
was
made
;
ut
ab
eo
tempore
in
reliquum
,
nunquam
per
donationem
baculi
Pastoralis
,
vel
annuli
quisquam
de
Episcopatu
vel
Abbatia
per
Regem
,
vel
quamlibet
L●icam
personam
investiretur
in
Anglia
:
Concedente
etiam
Archiepiscopo
,
ut
nullus
ad
Praelationem
electus
pro
homagio
quod
Regi
faceret
,
consecratione
suscepti
honoris
privaretur
;
which
being
concluded
,
Coepit
Anselmus
coram
Rege
Regnique
Episcopis
atque
Principibus
,
exigere
a
Gerardo
Archiepiscopo
Eboracensi
professionem
de
sua
obedieutia
&
subjectione
,
quam
non
fecerat
,
ex
quo
de
Episcopatu
Herefordensi
ad
Achiepiscopatum
Eboracensem
translatus
fuerat
.
Ad
quae
cum
Rex
ips●
diceret
,
sibi
quidem
non
videre
necesse
,
ut
professioni
quam
ordinationis
suae
tempore
Gerardus
fecerat
,
aliam
superadderet
,
praesertim
cum
licet
Ecclesiam
mutaverit
,
idem
tamen
qui
fuerat
in
persona
remansit
,
nec
a
prima
professione
absolu●us
extiterit
.
Anselmus
in
praesenti
quidem
Regiis
verbis
adquievit
,
ea
conditione
;
ut
Gerardus
in
manum
sibi
daret
,
se
eandem
subjectionem
in
Archiepiscopatu
ei
servaturum
quam
in
Episcopatu
professus
fuerat
;
Which
Gerardus
a●enting
to
,
and
presently
performing
before
them
.
Exin
STATUTUM
EST
,
ut
qui
ad
Episcopatum
electi
erant
,
Cantuariam
i●e●t
,
&
ibi
dignitatis
ipsius
benedictionem
,
ex
more
susciperent
.
In
the
year
1108.
[
(b)
](A56189-e38100-b)
(b)
Eadmerus
l.
4.
p.
94
95.
Simeon
Dunelm
.
col.
231.
Hoveden
,
p.
272.
King
Henry
in
the
Feast
of
Pentecost
,
advenatis
ad
Curiam
suam
apud
Londoniam
,
cunctis
Magnatibus
Regni
,
cum
Anselmo
Archiepiscopo
,
et
caeteris
Episcopis
Angliae
tractavit
,
concerning
the
chastity
and
against
the
mariage
of
Priests
and
Clergy-men●
(
concerning
which
several
Laws
and
Canons
were
then
made
and
published
,
with
other
good
secular
Lawes
against
theeves
,
clipping
and
falsifying
of
money
,
&c.
)
which
were
thus
praefaced
.
Haec
sunt
Statuta
,
&c.
quae
statuerunt
Anselmus
Cantuariensis
Archiepiscopus
,
Thomas
Eboracensis
Archieriscopus
electus
cum
eo
,
Omnesque
alii
Angliae
Episcopi
,
in
praesentia
gloriosi
Regis
Henrici
Assensu
Comitum
et
Baronum
suorum
,
statutum
est
,
&c.
[
(c)
](A56189-e38250-b)
(c)
Eadmerus
l.
4.
p.
101
,
102
,
103.
Antiqu.
Eccles.
Brit.
p.
107
,
108
,
110.
Anno
1109.
there
arising
a
difference
between
Anselm
and
Thomas
the
elect
Archbishop
of
York
,
about
his
consecration
and
subjection
to
Anselm
;
thereupon
Anselm
calling
the
rest
of
the
Bishops
to
him
,
by
their
advice
,
summoned
him
by
2.
Bishops
to
come
to
Canterbury
,
there
to
receive
his
consecration
,
and
to
make
such
subjection
to
him
as
he
required
,
unless
he
could
prove
he
ought
to
be
exempted
from
it
.
Whereupon
the
King
sent
a
Writ
to
Anselm
under
his
Seal
,
to
adjourn
the
difference
between
Thomas
and
him
till
Easter
.
EGO
enim
si
infra
praedictum
●terminum
in
Angliam
rediero
Consilio
Episcoporum
et
Baronum
meorum
,
vos
juste
&
honorifice
inde
concorcabo
,
&c.
Upon
which
Anselm
returned
this
peremptory
answer
,
not
to
Thomas
,
but
to
the
King
himself
.
De
induciis
autem
,
quas
Thomae
Ebor
.
Archiepisc
.
dare
mandaverat
,
pro
certo
scirer
,
quod
prius
pateretur
totus
membratim
dissecari
,
quam
de
negotio
,
in
quo
illum
contra
antiquas
sanctorum
Patrum
sanctiones
,
se
injuste
&
adversus
Deum
erexisse
sciebat
,
vel
ad
horam
illas
aliquando
daret
.
And
writ
a
peremptory
Letter
to
Thomas
,
not
to
presume
to
intermeddle
in
any
kind
in
the
exercise
of
his
pastoral
cure
,
until
he
had
desisted
from
his
rebellion
against
the
See
of
Canterbury
,
and
done
that
subjection
to
himself
which
his
predecessors
,
Thomas
and
Gerard
,
had
formerly
made
out
of
the
antient
custom
of
their
antecessors
;
charging
him
without
such
a
profession
of
subjection
,
never
to
receive
consecration
to
that
See
,
under
pain
of
an
Anathema
,
and
interdicting
all
the
Bishops
of
England
under
pain
of
Excommunication
,
not
to
consecrate
him
,
nor
yet
to
have
any
Christian
communion
with
him
,
if
consecrated
by
any
foraign
Bishops
.
Soon
after
which
Letter
Anselm
deceasing
,
the
King
keeping
his
Court
a●
London
at
Pentecost
:
Rex
Regni
Proceres
atque
Praesules
ad
incundum
de
Eboracensi
Archiep
:
consecratione
Concilium
Londinum
convocavit
:
Wherein
caepit
agere
cum
Episcopis
et
Regni
Principibus
,
quid
esset
agendum
de
consecratione
electi
Eccle●iae
Eboracensi
?
Where
Anselms
recited
Letter
being
produced
and
read
,
the
Earl
of
Mellent
demanded
,
Which
of
the
Bishops
durst
to
receive
that
Letter
without
the
assent
and
command
of
the
King
their
Soveraign
Lord
?
Whereupon
the
Bishops
perceiving
that
the
Earl
by
this
question
was
willing
,
calumniam
movere
,
qua
eos
regiae
Majestati
obnoxios
faceret
,
remoti
à
multitudine
,
habito
consilio
staruunt
apud
se
,
suis
omnibus
,
si
regia
sententia
hoc
forte
Comitis
instinctu
dictaret
,
se
malie
dispoliari
,
quam
iis
quae
Anselmus
de
praesenti
quaerela
praeceperat
,
non
obtemperare
.
Istis
ergo
firmato
Consilio
inter
se
;
they
sent
for
Samson
Bp.
of
Worcester
to
know
his
opinion
therein●
who
communing
with
them
,
and
telling
them
,
that
himself
was
present
when
as
his
brother
Thomas
Archbishop
of
York
Elect
,
tum
antiquis
consuetudinibus
,
tum
invincibilibus
allegationibus
actus
,
eandem
p●ofessionem
Lanfranco
Archiepisco
Cantuariensi
,
&
cunctis
suis
successoribus
fecit
.
Thereupon
,
[
*
](A56189-e38650-b)
*
Eadmerus
,
l.
3.
p.
103
,
104.
simul
omnes
Episcopi
ad
Regem
reversi
sunt
,
constanter
&
literas
quibus
Comes
sciscitatus
fuerat
,
se
suscepisse
,
&
contra
eas
nulla
ratione
quicquam
acturos
asserentes
;
Ad
quae
▪
cum
idem
Comes
caput
agitare●
,
autumans
jam
in
illos
quasi
de
contemptu
Regis
crimen
injiciendum
,
dixit
Rex
,
Quicquid
in
iis
aliorum
sententia
ferat
,
de
me
constat
,
quia
cum
Episcopis
sentio
,
nec
vel
ad
horam
excommunicationem
Anselmi
subjacere
aliquatenus
volo
.
Quibus
a●ditis
,
gavisi
sunt
omnes
.
Et
agentes
domino
grates
pariter
conclama
verunt
,
Anselmum
adesse
,
et
quam
,
non
poterat
in
corpore
degens
,
j●m
mundo
abs●●tem
causam
Ecclesiae
suae
determina●e
.
Deinde
,
in
laudibus
eximii
Principis
demoratum
est
,
ac
ut
ipse
dignitatem
Primatus
Ecclesiae
Cantuariensis
humiliari
a
nul●o
permitteret
postulatus
;
siquidem
in
hoc
,
dicunt
,
consuetudines
antiquae
et
earum
confirmationes
,
astipulatione
totius
regni
sub
magno
Rege
Willielmo
factae
,
necne
privilegia
quae
his
priota
existunt
ab
Apostolica
Sede
,
ipsi
Ecclesiae
collata
corrumperentur
,
scinderentur
,
annihilarentur
.
Adquievit
istis
Rex
,
&
jussit
ipsarum
quoque
scripta
Auctoritatum
,
quae
Ecclesia
Can●uariensis
habebat
,
sub
celeritate
afferri
,
allata
recitari
.
Quod
ubi
factum
est
,
intulit
.
Quid
amplius
quaeritur
?
Auctoritates
,
&
privilegia
Apostolicae
Sedis
&
quae
in
praesentia
Patris
&
Matris
meae
,
sub
testimonio
&
confirmatione
Episcoporum
,
Abbatum
,
&
Procerum
Regni
definita
sunt
,
ut
quasi
de
Epistola
Anselmi
penitus
taceatur
,
ego
in
quaestionem
mitterem
,
ego
novis
Ambagibus
agitari
permitterem
?
Immo
sciat
Thomas
se
aut
subjectionem
&
obedientiam
Ecclesiae
Cantuariensi
ejusque
primatibus
▪
ut
Antecessores
sui
professi
sunt
,
professurum
,
aut
Archiepiscopatui
Eboracensi
ex
toto
cessurum
.
[
*
](A56189-e38800-b)
*
Eligat
.
Fugat
ergo
,
quod
vult
.
Consideratis
itaque
Thomas
auctoritatibus
quibus
Ecclesiam
Dorobernensem
niti
,
&
circumvallari
videbat
,
spretis
clericis
suis
,
quorum
se
Consilio
credidisse
sero
dolebat
,
se
contra
ipsas
Auctoritates
nolle
stare
,
sed
morem
Antecessorum
suorum
sequendo
&
ipsis
adquiescere
,
&
Ecclesiam
ipsam
deinceps
semper
diligere
velle
dixit
,
&
honorare
.
Praecepit
igitur
Rex
ut
professio
,
quam
Thomas
erat
facturus
in
sui
praesentia
dictaretur
,
scriberetur
,
sigilloque
suo
,
nequid
in
ea
quovis
molimine
antequam
eam
proficiendo
Thomas
legeret
,
mutaretur
,
servaretur
inclusa
.
Quod
et
factum
est
.
Dominica
ergo
die
quae
fuit
IV.
Kl.
Julii
conven●runt
,
jubente
Rege
,
Richardus
Londoniensis
,
Willielmus
Wintoniensis
,
Radulphus
Roffensis
,
Herbertus
Norwicensis
,
Radulphus
Cistrensis
,
Radulphus
Dunelmensis
,
&
Herveus
Pangornensis
Episcopi
in
Ecclesia
beati
Pauli
Londoniae
pro
consecratione
Thomae
.
Inter
solitam
ergo
examinationem
,
suo
loco
professionem
,
de
subjectione
&
obedientia
sanctae
Ecclesiae
Dorobernensi
exhibenda
Richardus
Lundoniensis
Episcopus
,
qui
Thomam
erat
sacraturus
ab
illo
exegit
.
Professio
igitur
,
sicut
erat
sigillata
sibi
coram
omnibus
oblata
est
,
factoque
sigillo
evoluta
&
lecta
ab
eo
est
ita
.
Ego
Thomas
Eboracensis
Ecclesiae
consecrandus
Metropolitanus
profiteor
subjectionem
&
Canonicam
obedientiam
sanctae
Dorobernensi
Ecclesiae
,
&
ejusdem
Ecclesiae
Primati
Canonice
electo
,
&
conseerato
,
&
successoribus
suis
Canonice
inthronizatis
salva
fidelitate
Domini
mei
Regis
Henrici
Anglorum
,
et
salva
obedientia
ex
parte
mea
tenenda
,
quam
Thomas
Antecessor
meus
sanctae
Romanae
Ecclesiae
ex
parte
sua
professus
est
.
Intererat
huic
officio
Prior
Ecclesiae
Dorobernensis
Conradus
nomine
)
&
ex
Monachis
ejusdem
loci
,
quamplures
,
qui
pro
hoc
ipso
,
quoniam
res
eos
maxime
respiciebat
,
illo
convenerant
.
Lectam
itaque
professionem
cum
a
Thoma
sibi
oblatam
Richardus
Antistes
Londoniensis
accipisset
,
eam
nominato
Priori
&
Fratribus
tradidit
,
dicens
;
Hanc
Fratres
&
Domini
mei
in
testimonium
auctoritatis
vestrae
Elclesiae
suscipite
,
&
ipsam
vobis
factam
in
memoriam
posteritatis
,
servate
.
Deinde
a
Radulpho
Cicestrensi
Episcopo
dictum
in
populo
est
ipsam
consecrationem
,
ex
recto
,
et
antiqua
consuetudine
debere
fieri
Cantuariae
.
Et
adjecit
.
Verum
quia
ipsa
Civitas
,
defuncto
Patre
nostro
Anselmo
,
nunc
quidem
Pontifice
caret
,
v●sum
Regi
sacratisque
ordinibus
regni
est
,
atque
Principibus
,
●am
hic
atque
ab
hujus
sedis
Episcopo
prae
aliis
potissimum
celebrandam
,
eo
intuitu
,
ea
ratione
quod
Episcopus
Lundoniensis
inter
alios
Episcopos
est
Decanus
Ecclesiae
Cantuariensis
,
&
ideo
speciali
quadam
dignitate
,
caeteris
anteponendus
.
Ita
ergo
in
Episcopatum
Eboracensem
Thomas
consec●atus
est
,
suscipiens
a
Ministro
,
quod
susscipere
detrectavit
a
Magistro
.
Anno
1114.
[
(d)
](A56189-e39190-b)
(d)
Eadmerus
l.
5.
p.
109
,
110.112
.
King
Henry
by
the
admonition
of
the
Pope
,
and
prayers
of
the
Monks
of
Canterbury
and
other
,
and
above
all
,
being
moved
by
divine
instinct
:
Episcopos
et
Principes
Angliae
in
unum
apud
Windeshoram
fecit
veni●e
,
eorum
consilium
in
constituendo
Pontifice
Cantuariensi
volens
habere
.
The
King
first
pi●ched
upon
Faricius
Abbot
of
Abendon
,
who
was
there
present
for
that
end
by
the
Kings
command
:
Animus
tamen
Episcoporum
et
quorundam
Magnatum
in
aliud
vergebat
,
praeoptantium
,
aut
quemlibet
Episcoporum
de
ordine
Cleric●li
,
aut
Clericum
aliquem
de
Capella
Regis
in
opus
illud
ascisci
.
But
when
it
was
objected
,
that
there
had
been
no
Archbishop
since
Augustin
,
but
only
one
,
which
was
not
of
the
Monastick
order
,
who
for
that
presumption
and
other
perverse
things
done
by
him
was
deposed
by
the
Pope
:
and
therefore
they
ought
not
to
subvert
the
antient
and
authentique
custom
,
when
there
was
no
reason
or
necessity
to
do
it
;
they
were
compelled
to
desist
from
their
enterprise
,
which
they
laboured
with
much
endeavour
to
accomplish
:
whereupon
by
Gods
disposing
providence
,
they
suddenly
gave
their
sentence
for
Ralph
Bishop
of
Rochester
to
be
Archbishop
,
requiring
the
Kings
assent
thereunto
:
who
altering
his
mind
concerning
promoting
the
Abbot
,
willingly
gave
his
assent
to
Ralph
;
to
whom
all
the
Monks
,
Elders
,
and
People
of
Canterbury
gave
their
ready
assents
.
Whereupon
two
Messengers
were
sent
to
Rome
to
Pope
Paschal
for
his
Pall
,
with
Letters
from
the
King
and
Bishops
of
England
and
Covent
of
Canterbury
,
wherein
they
recite
his
Election
to
this
See
:
adding
;
Huic
electioni
affuerant
Episcopi
,
Abbates
,
et
Principes
Regni
,
&
magna
populi
multitudo
,
(
to
wit
of
Canterbury
,
not
elected
Knights
,
Citizens
or
Burgesses
)
consentiente
Domino
nostro
Rege
,
et
eandem
electionem
laudante
,
suaque
auctoritate
corroborante
.
The
Pope
hereupon
,
with
much
difficulty
,
at
the
earnest
intreaty
of
one
Anselm
,
Nephew
to
the
deceased
Anselm
,
sent
a
Pall
to
Ralph
by
him
,
together
with
an
angry
harsh
Letter
to
the
King
and
Bishops
the
same
year
.
Whereupon
[
(e)
](A56189-e39460-b)
(e)
Eadmerus
l.
5.
p.
114
,
115
,
116.
Eodem
anno
Henricus
Rex
,
jussi●
omnes
Episcopos
et
Principes
totius
regni
,
ad
Curiam
suam
,
sub
uno
venire
.
Unde
rumor
per
totam
terram
dispersus
est
,
Pontificem
Cantuariorum
Generale
Concilium
(
praes●nte
Legato
Domini
Papae
)
celebraturum
,
&
nova
quaedam
,
tantoque
Conventui
digna
,
pro
correctione
Christianae
Religionis
in
omni
ordine
promulgaturum
.
Itaque
ut
Rex
jusserat
16
Kal.
Octobris
Conveutus
omnium
apud
Westmonasterium
in
palatio
Regis
factus
est
:
&
quod
de
Concilii
celebratione
,
et
Christianitatis
emendatione
,
rumor
disperserat
,
nihil
fuisse
,
quae
confluxerat
multitudo
tandem
advertit
:
Only
the
Popes
Letter
to
the
King
and
Bishops
(
recorded
in
Eadmerus
)
was
there
read
.
Wherein
Pope
Paschal
setting
forth
his
pretended
universal
Authority
over
all
Kingdoms
and
Churches
derived
from
St.
Peter
;
&
that
no
great
businesses
should
be
done
concerning
the
Church
without
him
or
his
Legates
privitie
and
advice
;
taxeth
the
King
and
English
Bishops
,
for
electing
,
and
translating
Bishops
,
holding
Synods
,
Councils
,
and
medling
with
the
affairs
of
Bishops
without
his
privity
▪
for
not
permitting
any
Legats
freely
to
pass
into
or
return
from
England
,
without
the
Kings
special
license
:
for
hindring
Appeals
to
Rome
,
and
not
duly
collecting
and
paying
his
Peterpence
;
admonishing
them
to
reform
all
these
their
Exorbitances
,
and
concluding
with
this
menace
.
Si
verò
adhuc
in
vestra
decernitis
obstinatia
permanere
,
nos
Evangelicum
dictum
,
et
Apostolicum
exemplum
,
pedum
in
vos
pulverem
excutiemus
,
&
tanquam
ab
Ecclesia
Catholica
resilientes
,
divino
judicio
trademus
.
The
King
hereupon
advising
with
his
Bishops
and
Nobles
,
what
answer
he
should
return
to
the
Pope
concerning
those
things
,
and
certain
others
which
did
very
much
offend
his
mind
,
Cono
his
Legat
having
suspended
and
Excommunicated
the
Bishops
of
Normandy
,
eo
quod
Conciliis
(
generalibus
)
tertio
vocati
,
interesse
noluerunt
:
Placuit
in
Communi
,
ut
Rex
suos
Nuncios
mitteret
per
quos
quae
vellet
securius
Papa
mandaret
:
and
withall
sent
that
resolute
Letter
by
them
to
the
Pope
here
cited
p.
108
,
109.
[
(f)
](A56189-e39650-b)
(f)
Eadmerus
l.
5.
p.
118.126
An.
1116.
When
the
forecited
Parliamentary
Council
at
Salisbury
was
held
;
Anselm
returning
from
Rome
,
came
to
the
King
into
Normandy
with
Letters
from
the
Pope
,
appointing
him
his
Legate
and
Vice-pope
in
England
,
Quod
regno
Angliae
,
brevi
innotuit
.
Admirati
ergo
Episcopi
,
Abbates
et
Nobiles
quique
Londoniae
aduniti
sunt
,
super
his
,
&
quibusaam
aliis
,
praesente
Regina
,
communi
Consilio
tractatur
,
Quid
multa
?
PLACUIT
OMNIBUS
,
Archiepiscopum
Cantuar.
quem
maxime
res
haec
respiciebat
,
Regem
adire
,
&
exposita
ei
antiqua
regni
consuetudine
,
SIMUL
AC
LIBERTATE
,
si
consuleret
Romam
ire
,
ET
HAEC
NOVA
ANNIHILARI
:
amplectitur
ille
consilium
;
&
repairs
thereupon
to
the
King
,
informing
him
of
this
their
resolution
;
with
whom
he
found
Anselm
,
waiting
for
a
passage
into
England
to
exercise
his
Legatine
authority
.
Sed
Rex
antiquis
Angliae
consuetudinibus
praejudicium
inferri
non
sustinens
,
illum
ab
ingressu
Angliae
detinebat
.
Itaque
omnis
de
hujusce
potestatis
(
Legati
)
exors
effectus
,
a
Normanda
est
in
suos
regressus
.
In
the
year
1121.
K.
Henry
the
1.
[
(g)
](A56189-e39810-b)
(g)
Eadmerus
l.
6.
p.
136.
Consilio
Radulphi
Cant.
Pontificis
et
Principum
Regni
quos
omnes
in
Epiphania
Domini
,
sub
uno
Londoniae
congregavit
,
decrevit
sibi
in
uxorem
Atheleiden
filiam
Godfredi
Ducis
Lotharingiae
.
After
which
she
arriving
in
England
;
Conventu
Episcoporum
,
Principum
,
et
Procerum
Regni
,
qui
pro
occursu
Reginae
factus
fuerat
;
the
difference
between
Archbishop
Ralph
and
Thurstan
about
his
subjection
to
him
,
was
moved
:
Pope
Calix●us
who
ordained
him
,
commanding
the
King
and
Archbishop
,
to
permit
him
to
enjoy
his
Bishoprick
;
aut
Rex
anathemate
,
&
Radulphus
suspensione
Pontificalis
Officii
,
plecteretur
.
Hereupon
the
privileges
of
the
Church
of
Canterbury
(
recorded
in
Eadmerus
)
were
recited
,
&
quam
dignè
Deo
haec
Apostolica
disponerentur
,
intellectum
est
ab
omnibus
.
Tamen
ne
praemissae
intentio
poenae
,
Regem
vel
Pontificem
aliquatenus
conturbaret
,
EX
COMMUNI
CONCILIO
permissus
est
idem
Thurstinus
Angliam
redire
,
&
Eboracum
Regia
via
veni●e
.
Quod
&
factum
est
,
ea
dispositione
,
ut
nullatenus
extra
parochiam
Eboracensem
divinum
officium
celebraret
,
donec
Ecclesiae
Cantuariensi
,
de
injuria
,
quam
ei
intulerat
,
abjurata
cordis
sui
obstinatione
satisfaceret
.
About
the
year
1122.
[
(h)
](A56189-e40040-b)
(h)
Eadmerus
l.
6.
p.
137
,
138.
Pope
Calixtus
having
by
force
deprived
Pope
Gregory
,
sent
one
Peter
to
be
Legate
over
all
Britain
,
Ireland
,
and
the
Orcades
,
as
well
as
France
,
who
sent
some
Abbots
and
others
before
him
to
give
notice
of
his
coming
,
the
whole
land
being
astonished
at
the
expectation
of
his
coming
,
the
King
sent
the
Bishop
of
St.
Davies
,
and
another
Clerk
to
him
into
France
where
he
stayed
,
to
signifie
his
pleasure
and
command
,
that
they
should
bring
him
into
England
to
him
.
The
King
by
prudent
counsel
enjoyned
them
;
That
after
his
entrance
into
England
,
they
should
so
order
his
journey
,
that
he
should
not
enter
into
any
Church
or
Monastery
for
hospitality
or
lodging
,
and
that
no
necessaries
should
be
administred
to
him
from
others
;
but
only
at
his
own
expence
.
Being
brought
to
the
King
and
worthily
received
,
he
related
the
cause
of
his
coming
:
The
King
pretending
an
expedition
against
the
Welsh
,
answered
;
Se
tanto
negotio
operam
tunc
quidem
dare
non
posse
,
cum
Legationis
illius
stabilem
auctoritatem
non
nisi
per
conniventiam
Episcoporum
,
Abbatum
,
et
Procerum
,
et
totius
regni
conventum
,
roborari
posse
constaret
.
●uper
haec
,
●ibi
patrias
consuetudines
ab
Apostolica
sede
concessas
,
nequaquam
se
aequanimiter
amissurum
fore
testabatur
(
in
quibus
haec
,
&
de
maximis
una
erat
,
quae
Regnum
Angliae
liberum
ab
omni
Legati
ditione
constituerat
)
donec
ipse
vitae
praesenti
supersit
.
His
horumque
similibus
regali
facundia
editis
,
praefa●us
Petrus
assensum
praebere
utile
judicavit
,
&
annuit
.
Quapropter
larga
regis
munificentia
magnifice
honoratus
,
nullo
modo
se
quicquam
antiquae
dignitatis
derogaturum
,
immo
ut
dignitatis
ipsius
gloria
undecunque
augmentaretur
,
spo●pondit
plena
fide
elaboraturum
.
Pax
itaque
firma
inter
eos
firmata
est
,
&
qui
Legati
officio
fungi
in
tota
Britannia
venerat
,
immunis
ab
omni
officio
tali
,
cum
ingenti
pompa
,
via
qua
venerat
extra
Angliam
,
a
Rege
missus
est
.
At
Canterbury
he
perused
the
antient
privileges
granted
to
the
Prelates
by
the
See
of
Rome
touching
their
superiority
over
York
:
Quibus
ille
perspectis
atque
perpensis
,
testatus
etiam
ipse
est
,
Ecclesiam
Cantuariensem
grave
nimis
immoderatum
praejudicium
esse
perpessam
,
&
quatenus
hoc
velocius
corrigeretur
,
●e
modis
omnibus
opem
adhibiturum
pollicitus
est
,
Post
haec
Angliam
egreditur
.
By
all
these
Parliamentary
Councils
and
Proceedings
in
them
,
and
the
Kings
answer
to
this
Legate
,
it
is
most
apparent
from
the
testimony
of
Eadmorus
(
present
at
most
of
them
)
and
then
antient
Hi●orians
.
1.
That
they
all
consisted
during
all
the
reign
of
King
Henry
the
1.
of
the
King
,
Bishops
,
Abbots
,
Earls
,
Lords
and
Barons
,
without
any
Knights
,
Citizens
,
Burgesses
,
or
Commons
elected
by
the
people
.
2ly
.
That
not
only
the
legislative
but
judicial
power
or
judicature
of
Parliament
in
all
civil
,
ecclesiastical
and
criminal
causes
debated
or
judged
in
them
,
resided
wholly
in
the
King
,
Prelates
,
Earls
,
Barons
and
Nobles
,
which
they
joyntly
and
severally
exercised
by
mutual
consent
,
as
there
was
occasion
.
3ly
.
That
our
Kings
,
Prelates
,
Nobles
were
then
all
very
vigilant
,
and
zealous
in
opposing
the
Popes
usurpations
upon
the
antient
Liberties
,
Privileges
,
Customs
of
the
king
,
kingdom
,
and
Church
of
England
.
4ly
.
That
those
[
(i)
](A56189-e40330-b)
(i)
See
the
Antiquity
of
the
Parliaments
of
England
,
p.
18
,
19
,
40
,
80.
Antiquaries
and
others
are
much
mistaken
,
who
affirm
,
the
Commons
were
called
to
the
Parliament
of
16
H.
1.
as
well
as
the
Peers
and
Nobles
;
and
that
since
that
time
the
authority
of
this
Court
hath
stood
setled
,
and
the
COMMONALTY
had
their
voice
therein
,
which
the
said
H.
1.
GRANTED
TO
THEM
,
in
love
to
the
English
Nation
,
being
a
natural
Englishman
himself
,
when
as
the
Normans
were
upon
terms
of
revolt
from
him
to
his
Brother
Robert
Duke
of
Normandie
;
it
being
clear
by
these
Histories
,
and
all
the
Parliamentary
Councils
under
King
Henry
the
1.
and
under
Hen.
the
2.
King
Ric.
the
1.
King
John
,
and
Henry
the
3.
forecited
,
and
here
ensuing
;
that
there
were
no
Knights
Citizens
,
Burgesses
,
or
Commons
elected
by
the
people
,
summoned
to
our
Parliaments
in
their
reigns
succeeding
Henry
the
1.
therefore
not
in
his
.
5ly
.
That
the
Opinion
of
[
(k)
](A56189-e40490-b)
(k)
In
his
Britannia
,
p.
120
,
122.
Mr.
Cambden
,
[
(l)
](A56189-e40510-b)
(l)
The
Antiquity
of
the
Parliaments
of
England
,
p.
18
,
20
,
87.
Judge
Dodridge
,
Jo.
Holland
,
[
(m)
](A56189-e40530-b)
(m)
Posthuma
,
p.
346
,
347
,
348.
Sir
Ro.
Cotton
,
[
(n)
](A56189-e40550-b)
(n)
Titles
of
Honour
,
p.
712
,
713
,
717.
Mr.
Selden
and
others
,
is
true
,
that
the
first
Writ
of
Summons
of
any
Knights
,
Citizens
,
Burgesses
or
Commons
to
Parliament
now
extant
,
is
no
antienter
than
49
H.
3.
dors.
10.11
.
That
King
Henry
the
3.
after
the
ending
of
the
Barons
wars
,
appointed
and
ordained
,
That
all
those
Earls
and
Barons
of
the
Realm
,
to
whom
the
King
himself
should
vouchsafe
to
send
his
Writ
of
Summons
should
come
to
his
Parliament
,
and
none
else
but
such
as
should
be
chosen
by
the
voice
of
the
Burgesses
and
Freemen
,
by
other
Writs
of
the
king
directed
to
them
:
And
that
this
being
begun
about
the
end
of
Hen.
the
3.
was
perfected
and
continued
by
Edward
the
1.
and
his
Successors
.
Which
[
(o)
](A56189-e40610-b)
(o)
Chronicle
vol.
3.
p.
37
,
38.
Holinshed
,
&
[
(p)
](A56189-e40630-b)
(p)
History
of
Great
Britain
,
p.
538
,
559
▪
Speed
,
do
likewise
intimate
in
general
terms
:
So
that
upon
due
consideration
of
all
Histories
,
Records
,
and
judicious
Antiquaries
,
it
is
most
apparent
,
that
the
Commons
had
no
place
nor
votes
by
election
in
our
Parliaments
in
Hen.
1.
his
reign
,
no●
before
the
latter
end
of
King
H.
3.
and
Ed.
1.
who
perfected
what
his
Father
newly
before
him
began
,
in
summoning
them
to
Parliaments
.
This
being
an
irrefragable
truth
,
as
I
conceive
,
the
next
thing
to
be
considered
of
is
this
;
whether
the
Commons
,
when
thus
called
and
admitted
by
H.
3.
and
E.
1.
into
our
Parliaments
,
had
any
share
,
right
,
or
interest
in
the
judicature
of
Parliaments
then
granted
to
them
,
either
as
severed
from
,
or
joyntly
with
the
King
and
Lords
?
And
if
any
share
or
right
at
all
therein
;
at
what
time
,
and
in
what
cases
was
it
granted
or
indulged
to
them
?
With
submission
to
better
judgements
;
I
am
clear
of
opinion
,
that
the
King
and
Lords
,
when
they
first
called
the
Knights
,
Citizens
,
and
Burgesses
to
Parliament
,
never
admitted
them
to
any
share
or
copartnership
with
them
in
the
antient
,
ordinary
,
Judicial
power
of
Parl.
in
civil
or
criminal
causes
,
brought
before
them
by
Writ
,
Impeachment
,
Petition
,
or
Articles
of
complaint
,
as
they
were
the
supreme
judicature
and
Court
of
Justice
;
but
reserved
the
judicial
power
and
right
of
giving
and
pronouncing
all
Judgements
in
Parliament
,
in
such
cases
and
ways
of
proceeding
,
wholly
to
themselves
,
admitting
them
only
to
share
with
them
in
their
consultative
,
Legislative
and
Tax
imposing
power
,
as
the
Common
Council
of
the
Realm
,
&
thereby
in
cases
of
Attainder
by
Act
,
Bill
,
or
Ordinance
(
a
part
of
the
Legislative
not
ordinary
judicial
authority
of
Parliament
)
allowed
them
a
voice
and
partnership
with
themselves
,
and
a
share
in
reversing
such
A●tainders
by
Act
,
Bill
,
or
Ordinance
by
another
Bill
or
Sentence
;
but
in
no
cases
else
,
except
such
alone
,
wherein
the
King
or
Lords
should
voluntarily
,
at
their
own
pleasures
,
not
of
meer
right
,
requite
their
concurrence
with
them
.
The
Arguments
,
reasons
,
inducing
me
to
this
opinion
and
irrefragably
evincing
it
,
are
these
.
1.
The
Form
of
the
Writs
for
electing
,
Knights
,
Citizens
,
Burgesses
of
Parliament
,
with
the
retorns
and
Indentures
annexed
to
them
,
which
are
only
ad
faciendum
,
&
consentiendum
his
quae
&
tunc
ibidem
de
Communi
Concilio
dicti
regni
contigerint
ordinari
;
Which
gives
them
no
judicial
power
in
civil
or
criminal
causes
there
adjudged
,
as
the
Writs
to
the
Lords
doe
give
to
them
by
these
clauses
;
Ibidem
cum
Praelatis
,
Magnatibus
,
&
Proceribus
regni
colloquium
habere
&
tractatum
:
vobiscum
&c.
colloquium
habere
&
tractare
:
Personaliter
intersitis
Nobiscum
,
ac
cum
Praelatis
,
Magnatibus
&
Proceribus
super
dictis
negotiis
tractaturi
,
vestrumque
consilium
impensuri
;
and
usage
,
custom
time
out
of
mind
.
2.
Because
when
first
summoned
to
our
Parliaments
,
they
were
never
called
nor
admitted
thereunto
as
Members
of
the
Lords
house
,
or
as
persons
equal
to
them
in
power
,
nor
admitted
to
sit
in
the
same
Chamber
,
as
Peers
,
with
them
,
but
as
Members
of
an
inferiour
degree
,
sitting
in
a
[
(q)
](A56189-e40780-b)
(q)
My
Levellers
levelled
,
and
Preface
to
an
Exact
abridgement
of
the
Records
of
the
Tower
.
distinct
Chamber
from
them
,
by
themselves
,
at
first
,
as
they
have
done
ever
since
,
which
[
(r)
](A56189-e40800-b)
(r)
See
my
Catalogue
of
the
Speakers
in
my
2
Table
to
an
Exact
abridgement
,
&c.
p.
151.155
.
I
have
elsewhere
proved
,
against
Sir
Edward
Cooks
,
and
others
mistakes
,
as
Modus
tenendi
Parliamentum
it self
resolves
,
if
it
be
of
any
credit
.
3ly
.
Because
after
their
call
to
our
Parliaments
,
in
49
H.
3.
they
had
scarce
the
Name
,
nor
Form
of
an
House
of
Commons
,
or
Lower
House
,
nor
any
Speaker
of
their
Hou●e
,
that
we
find
in
History
or
Record
,
till
51
E.
3.
Therefore
doubtlesse
they
had
no
judicial
power
or
jurisdiction
.
4ly
.
When
they
became
a
House
,
and
had
a
Speaker
,
they
could
neither
chuse
their
Speaker
in
any
Parliament
without
a
command
to
and
license
first
granted
them
by
the
King
,
Lord
Chancellor
,
or
the
person
implyed
by
the
King
to
shew
the
causes
of
summoning
the
Parliament
;
[
(s)
](A56189-e40870-b)
(s)
See
my
Table
of
Speakers
,
an
Title
Parliament
,
Speaker
,
Commons
to
the
Exact
abridgeme●
of
the
Records
of
t●
Tower
,
an●
p.
155
,
174
,
189
,
390
▪
53
535
,
618
,
619
640
,
649
,
661
who
gave
them
a
command
to
elect
their
Speaker
,
and
then
to
present
him
to
the
King
and
Lords
for
their
approbation
of
him
at
the
time
prescribed
them
;
who
had
then
power
to
allow
or
disallow
their
Speaker
,
and
to
order
them
to
elect
another
then
or
afterwards
,
incase
of
unfitness
,
sickness
,
imprisonment
,
or
any
other
just
ground
or
excuse
,
as
our
Parl.
Rolls
and
others
attest
.
If
then
the
Commons
can
neither
elect
their
own
Speakers
,
nor
approve
nor
remove
them
,
but
by
the
Kings
and
Lords
approbation
;
who
may
discharge
them
upon
just
grounds
,
and
order
them
to
elect
others
in
their
places
;
and
that
against
their
wills
,
as
in
the
case
of
Thorpe
hereafter
cited
:
Then
certainly
the
judicature
in
all
other
cases
,
as
well
as
this
of
their
very
Speakers
,
and
Members
too
,
resided
still
in
the
King
and
Lords
,
and
was
not
communicated
to
the
Commons
House
.
5ly
.
The
Commons
House
inability
to
administer
an
Oath
to
any
person
in
any
case
[
(t)
](A56189-e40910-b)
(t)
1
R.
2.
●o●
.
Parl.
n.
31.42.7
R.
2.
n.
13
,
14.21
R
2.
n.
53.
which
the
Lords
alone
have
power
to
doe
in
Parliament
.
6ly
.
Their
Petitions
,
[
(u)
](A56189-e40930-b)
(u)
21
E.
2.
n.
68.50
E.
3.
n.
16.
●0
41.10
R.
2.
n.
6.10
18.21
R.
2.
n.
15
,
16.1
H
4.
pl.
Co●ae
,
n.
1.2.28
H.
6.
n.
14.
●
53.
Articles
of
complaint
,
and
Impeachments
in
all
Parliaments
,
delivered
and
sent
up
to
the
Lords
against
Delinquents
in
Criminal
causes
,
as
well
of
Commons
as
Peers
,
Clergy
men
as
secular
persons
;
and
their
praying
the
Lord
to
judge
and
give
sentence
against
them
.
7ly
.
Their
prosecuting
and
giving
in
evidence
against
all
sorts
of
Deliquents
at
the
Lords
Bar
,
as
accusers
.
8ly
.
Their
standing
always
in
such
cases
;
and
that
bare
headed
in
the
Lords
House
,
as
Prosecutors
,
Informers
,
[
(x)
](A56189-e40960-b)
(x)
8
R.
2.
●
.
Grand-Jurymen
,
whiles
the
Lords
alone
fit
,
and
that
covered
,
and
only
give
,
pronounce
the
iudgement
,
and
that
in
the
Comons
absence
for
the
most
part
,
not
presence
.
9ly
.
Their
having
[
(y)
](A56189-e40980-b)
(y)
Co●ks
4
li●stir
.
p.
21
,
2●
,
23.
no
voice
or
share
at
all
in
the
hearing
,
examining
,
debating
,
reversing
erronious
Judgements
in
other
Courts
upon
Writs
of
Error
brought
in
Parliament
,
but
the
Lords
alone
.
10ly
.
The
Kings
&
Judges
not
sitting
amongst
them
,
but
only
in
the
House
of
Peers
to
authorize
and
assist
them
in
their
judgements
,
are
all
infallible
arguments
and
clear
irrefragable
demonstrations
,
that
the
Judicatory
,
or
judicial
power
of
Parliaments
was
never
communicated
to
the
Commons
House
,
upon
their
first
admittance
into
Parliament
,
nor
since
,
but
remained
intirely
,
fully
in
the
King
and
Lords
alone
,
as
it
did
before
.
That
this
is
so
in
truth
,
I
have
the
express
acknowledgement
and
confession
of
the
whole
House
of
Commons
themselves
long
since
,
in
the
Parliament
of
1
H.
4.
rot.
Parl.
n.
79.
remaining
on
record
to
all
Posterity
,
with
the
Kings
and
Lords
concurrent
resolution
,
both
from
the
time
of
the
Commons
first
admission
,
and
for
all
succeeding
ages
.
The
Commons
in
this
Parliament
,
November
3.
made
their
Protestation
in
the
same
manner
they
had
done
in
the
beginning
of
the
Parliament
;
and
more
over
shewed
to
the
King
[
(z)
](A56189-e41030-b)
(z)
See
an
Exact
abridgment
of
the
Records
in
the
Tower
,
p.
392.
Come
les
Ioggementz
du
Parlement
apperteignent
soulement
au
Roy
et
Seignieur
,
et
nient
as
Communes
,
&c.
That
the
Judgements
of
Parliament
appertained
only
to
the
King
,
and
to
the
Lords
,
and
not
unto
the
Commons
.
And
thereupon
they
pra●ed
the
King
out
of
his
special
grace
,
to
shew
unto
them
the
said
Iudgements
,
and
the
cause
of
them
,
that
so
no
Record
mig●t
be
made
in
P●rliamen●
against
the
said
Commons
,
which
are
or
shall
be
parties
to
any
judgement
given
or
hereafter
to
be
given
in
Parliament
,
without
that
privity
.
Whereunto
the
Archbishop
of
Canterbury
gave
them
this
answer
by
the
Kings
commandment
;
That
the
Commons
themselves
are
Petitioners
and
demanders
,
Et
que
le
Roy
et
les
seigniours
de
tout
temps
ont
eues
et
averont
de
droit
les
juggement
in
Parliament
en
manere
come
mesmes
les
Communes
sont
monstrez
,
and
that
the
King
and
Lords
from
all
times
have
had
(
for
times
past
)
and
shall
have
(
for
time
to
come
of
right
the
Iudgements
in
Parliament
,
in
manner
as
the
Commons
themselves
have
shewed
,
Saving
that
in
Statutes
to
be
made
,
●or
in
Grants
and
Subsidies
,
or
in
such
things
as
are
to
be
do●e
for
the
common
profit
of
the
REALM
,
the
KING
will
have
especially
their
advice
and
assent
.
By
this
memorable
Record
in
Parliament
it
is
apparent
by
the
Commons
own
confession
,
First
,
That
the
Judgments
in
Parliament
even
in
cases
of
Commoners
themselves
,
and
Members
of
the
Commons
House
as
well
as
Peers
,
appertain
only
to
the
King
and
to
the
Lords
,
in
the
Affirmative
.
Secondly
,
That
they
appertain
not
to
the
Commons
,
in
the
Negative
.
Thirdly
,
A
Confession
both
of
the
Commons
,
King
and
Lords
,
That
they
have
from
all
times
in
all
ages
before
that
Parliament
appertained
to
the
King
and
Lords
,
and
that
of
right
,
not
by
usurpation
or
connivence
.
Fourthly
,
An
express
order
and
resolution
,
that
the
King
and
Lord
shall
alwayes
kéep
and
hold
this
their
Right
of
Iudicature
in
all
times
to
come
,
without
admitting
the
Commons
to
share
therein
upon
this
their
Petition
,
as
not
fit
to
be
granted
them
.
Fifthly
,
That
if
the
Commons
should
be
admitted
at
any
time
to
be
parties
or
privies
to
the
Judgements
in
Parliaments
,
as
they
then
desired
;
it
would
be
meerly
out
of
the
Kings
special
Grace
.
Sixthly
,
That
the
special
reasons
,
ends
of
the
Kings
summoning
the
Commons
to
Parliaments
at
the
first
and
ever
since
,
were
only
these
especially
,
1.
to
have
their
advice
in
Statutes
to
be
made
,
2.
in
Grants
,
or
Subsidies
,
3.
in
such
things
as
are
to
be
done
for
the
common
profit
of
the
Realm
;
not
to
give
them
the
least
share
,
right
or
interest
in
the
Judicature
or
Judgements
of
Parliament
,
as
it
is
the
supremest
Court
of
Justice
.
The
Judicial
Power
and
the
Judgements
in
Parliament
being
never
transferred
in
part
or
whole
by
the
King
and
Lords
to
the
Commons
House
,
but
intirely
reserved
to
themselves
,
as
before
their
admission
in●o
our
Parliaments
,
as
I
have
proved
,
it
follows
inevitably
from
thence
;
1.
That
all
Judgements
given
by
the
Commons
House
alone
,
or
by
any
of
their
Committees
of
Sequestrations
,
Examinations
,
plundered
Ministers
,
&c.
without
the
Lords
,
are
meerly
void
and
null
in
Law
,
being
Coram
non
judice
;
and
may
be
justly
questioned
and
vacated
by
the
Lords
upon
appeal
or
complaint
,
as
Nullities
.
2.
That
the
House
of
Commons
have
no
more
right
or
power
to
judge
or
vote
down
the
Lords
House
,
or
question
or
null
their
Judgements
upon
appeals
to
the
Commons
from
them
(
as
Lilburn
and
Overton
▪
pretend
they
may
)
than
the
Grand
or
Petty
Jury
have
to
Vote
down
the
Judges
and
Justices
of
Assize
or
Sessions
from
the
Bench
,
or
to
reverse
or
repeal
their
Judgements
and
Orders
;
Or
the
Common
Council
of
London
to
vote
down
the
Lord
Mayor
and
Aldermen
,
and
reverse
their
Orders
and
Judgements
in
their
Court
upon
appeals
unto
them
:
They
being
in
nature
of
Grand
Jury
men
,
and
the
General
Inquisitors
of
the
Realm
,
to
inquire
of
,
present
and
impeach
,
transmit
delinquents
of
all
sorts
in
Parliament
to
the
Lords
House
,
their
only
Judges
,
Cooks
4.
Instit.
p.
24.
3ly
,
That
the
King
and
House
of
Lords
are
now
of
right
,
and
still
ought
to
be
the
only
true
and
proper
Judges
of
all
Parliamentary
Causes
,
and
Controversies
,
Civil
,
Ecclesiastical
or
Criminal
,
whether
they
concern
Peers
,
Clergymen
or
Commoners
,
as
they
were
originally
before
any
Knights
,
Citizens
or
Burgesses
summoned
to
them
.
To
clear
this
from
all
Scruples
and
avoid
mistakes
,
I
must
inform
you
,
that
there
is
a
twofold
way
of
proceeding
and
judgeing
in
Parliaments
.
The
1.
extraordinary
and
extrajudicial
,
by
way
of
Bill
,
Act
,
or
Ordinance
,
by
the
Legislative
power
alone
;
such
Bills
,
Acts
,
Ordinances
,
ratifying
only
the
precedent
judgements
of
the
Lords
passed
against
Malefactors
,
being
not
any
proper
actual
Judgements
in
their
own
name
.
This
is
evident
by
one
of
the
first
cases
wherin
the
Commons
after
their
admission
into
our
Parliaments
,
were
made
parties
to
a
Judgement
by
way
of
Bill
.
In
[
(a)
](A56189-e41430-b)
(a)
Henry
de
Knyghton
,
de
Event
.
Angl.
l.
3.
c.
4.5
.
Polychron
.
l.
1.
c.
42
:
Exilium
Hugonis
,
in
Totles
Magna
Charta
,
f.
50.
&c.
Claus.
15
E.
2.
dors.
32.
the
Parliament
of
15
E.
2.
there
were
sundry
Articles
of
High
Treason
in
accroaching
royal
Power
in
divers
cases
&c.
as
likewise
of
misdemeanour
and
Breach
of
the
Great
Charter
,
exhibited
against
the
2.
Hugh
Spencers
(
both
privy
Counsellors
of
the
realm
)
which
upon
examination
were
found
true
[
(b)
](A56189-e41470-b)
(b)
Totle
,
f.
53
,
54.
BY
THE
EARLS
,
BARONS
&
OTHER
PEERS
OF
THE
LAND
:
Parquoy
NOVS
PIERS
DE
LATERRE
COUNTS
&
BARONS
en
la
presence
nostre
SEIGNOUR
LE
ROY
,
AGARD
,
que
Sir
Hugh
le
Despenser
le
Fitz
,
&
Sir
Hugh
le
Despenser
le
piere
soient
disheritz
a
touts
jours
,
come
disheritours
de
la
corone
&
enemies
du
roy
&
de
son
people
,
&
que
ilz
soient
de
tout
exiles
hors
du
royalme
Dangliterre
,
sans
retourner
in
nul
temps
,
si
ceo
ne
soit
de
assent
nostre
Seignor
le
Roy
,
&
de
lassent
DES
PRELATS
,
COUNTS
ET
BARONS
,
et
ceo
en
parlement
duement
somons
.
Et
les
donons
port
a
Dover
,
&
nul
parte
aillours
,
a
voyder
&
a
passer
hors
du
royalm
Dangliterre
,
enter
cy
la
feast
de
sainct
John
le
Baptist
prochein
avenir
,
cest
jour
accompte
.
Et
si
les●
it
Sir
Hugh
&
Sir
Hugh
demurgent
en
le
royalme
Dangliterre
oustre
le
dit
jour
,
que
done
lour
est
de
voyder
&
de
passer
,
come
desuis
est
dist
,
ou
que
apres
le
dit
jour
retournet
,
adonques
soit
fait
de
eux
,
come
de
enemies
de
roy
&
de
roialme
.
This
judgement
being
given
against
them
in
Parliament
only
by
the
Peers
,
Earls
and
Barons
in
the
presence
of
the
King
,
as
the
Close
of
the
Act
for
their
banishment
and
[
(c)
](A56189-e41580-b)
(c)
15
E.
2.
dors.
32.
Clause
Roll
of
that
year
recite
;
thereupon
there
was
an
Act
drawn
up
(
wherein
all
the
Articles
and
the
judgement
given
against
them
are
recited
)
for
confirmation
of
this
Judgement
,
wherein
the
Prelates
and
Commons
were
made
parties
,
though
not
to
the
judgement
it self
,
beginning
thus
.
Al
honeur
de
deiu
,
&c.
luy
monstrent
Prelates
,
Counts
,
&
Barons
,
et
les
autres
Pieres
de
la
terre
,
&
COMMON
de
Royalm
,
contre
Sir
Hugh
,
&c.
To
which
Act
the
King
much
against
his
will
,
to
prevent
a
warr
,
consented
.
The
History
of
the
Lords
proceedings
against
these
Spencers
is
thus
related
by
[
*
](A56189-e41680-b)
*
Historiae
Angliae
,
p.
91
,
92.
Ypodig
.
Neustriae
,
p.
104.
Walsingham
:
There
falling
out
a
difference
between
Hugh
Spencer
the
younger
and
Earl
of
Hereford
about
lands
which
Spencer
purchased
of
William
de
Brews
,
which
the
Earl
desired
to
buy
and
had
first
contracted
for
,
but
Spencer
by
his
power
at
Court
bought
from
him
;
the
Earl
thereupon
being
much
incensed
,
complained
of
this
injury
to
Thomas
Earl
of
Lancaster
;
[
*
](A56189-e41770-b)
*
Historiae
Angliae
,
p.
91
,
92.
Ypodig
.
Neustriae
,
p.
104.
qui
allicientes
caeteros
pene
cunctos
Comites
&
Barones
in
partem
suam
,
conjurationem
fecerunt
maximum
ad
vivendum
&
moriendum
pro
justitia
,
&
regni
proditores
pro
viribus
destruendis
,
&
praecipue
utrunque
Hugonem
de
Spencer
,
patrem
scilicet
atque
filium
,
quos
odio
inexorabili
perstringebant
,
eo
maxime
quia
regem
ducebant
,
pro
suae
voluntatis
arbitrio
,
in
tantum
quod
nec
Comes
,
nec
Baro
nec
Episcopus
quicquam
valuit
expedire
in
Curia
sine
horum
consilio
vel
favore
.
Omnium
ergo
livore
persequebantur
,
qui
omnibus
pene
dominabantur
,
&
quo
plus
crevit
eorum
gloria
,
&
eo
amplius
contra
illos
crevit
invidia
,
quae
semper
accrescit
abundantia
aliorum
.
Igitur
Barones
duce
Thoma
de
Lancastria
apud
Shirborn
in
Elmedon
convenerunt
,
faederati
prout
dicitur
&
juramentis
astricti
,
ad
prosequendum
propositum
usque
ad
corporis
&
animae
divisionem
.
Sed
tamen
pene
cuncti
prae●er
Thomam
de
Lancastria
&
Humfridum
Comitem
de
Herefordia
&
paucos
alios
ante
finem
negotii
retrorsum
abierunt
,
&
prae
timore
mortis
sese
Regi
dediderunt
:
sed
haec
inferius
plenius
videbuntur
.
Cumque
Barones
ut
praefertur
apud
Shirburnam
convenissent
,
quosdam
artirulos
proscriptionem
dictorum
Hugonis
&
Hugoni●
composuerunt
,
sed
tamen
vias
juris
et
aequitatis
in
hac
parte
penitus
omiserunt
,
suorum
pro
tempore
exequentes
impetus
animorum
.
Nam
illorum
bona
qui
illis
vel
amicitia
vel
affinitate
juncti
fuerant
,
furibunde
invadebant
,
capientes
castra
per
violentiam
,
vastantes
praedia
per
malitiam
,
&
perimentes
famulos
reper●os
i●
custodiis
eorundem
,
dolentes
ob
hoc
tantummodo
,
quod
eorum
personas
capere
quos
oderunt
minime
potuerunt
:
praedicta
furia
de
die
in
diem
vires
sumente
,
Barones
vexillis
explicatis
ad
sanctum
Albanum
veniunt
,
per
viam
deripientes
ubique
victuali●
,
&
pauperes
terrae
gravantes
.
In
hac
comitiva
fuerant
quidam
,
qui
propter
inveteratum
odium
monasterium
sancti
Albani
dictique
loci
Monachos
,
se
gravaturos
devoverant
.
Sed
tamen
disponente
Deo
qui
neminem
temptari
permittit
supra
vires
,
horum
magister
&
autor
tantae
malitiae
in
villa
de
Alysbury
priusquam
ad
sanctum
Albanū
attingeret
,
morbo
percussus
irremediabili
,
propriis
seipsum
descerpit
manibus
,
&
post
duos
dies
miserabiliter
expiravit
.
Caeteri
tam
formidabili
tremefacti
vindicta
,
casum
pro
miracu●o
reputantes
,
ab
executione
voti
illiciti
timore
magis
quam
amore
destiterun●
.
Magnates
vero
apud
sanctum
Albanum
cum
suis
armatis
exercitibus
per
triduum
perhen
in●ntes
miserunt
solennes
ad
Regem
nuncios
Londoniis
commorantem
,
Londoniensem
,
Sarisburiensem
,
Eliensem
,
Herefordensem
&
Cicistrensem
,
Praesules
qui
tunc
apud
sanctum
Albanum
convenerant
pro
pace
reformanda
;
mandantes
,
ut
dominus
rex
non
solum
suam
vacuaret
curiam
,
sed
regnum
suum
de
regni
Proditoribus
Hugone
&
Hugone
le
Spencer
,
per
communitatem
terrae
in
multis
condemnatis
articulis
,
exiliumque
meritum
subire
permitteret
si
diligeret
regni
pacem
.
Petierun●
,
Barones
insuper
,
ut
rex
ipsis
&
omnibus
qui
in
eorum
comitiva
arma
moverant
,
literas
patentes
indemnitatis
concederet
,
&
ne
pro
transgressionibus
transactis
vel
praesentibus
a
rege
seu
quovis
alio
futuris
tem●oribus
punire●ur
.
Ad
haec
dominus
rex
respondit
,
quod
Hugo
le
Spencer
pater
in
suo
negotio
mare
transierat
,
&
Hugo
junior
in
mari
ad
custodiendum
quinque
Portus
,
prout
ex
officio
renebatur
,
qui
de
jure
vel
consuetudine
exulare
non
debent
ante
responsa
data
per
eosdem
.
Ad●c●
prae●ere●
,
quod
eorum
petitio
juris
&
rationis
fundamento
carebat
,
eo
maxime
quod
dicti
Hugo
senior
&
Hugo
junior
parati
semper
fuerant
omnibus
de
se
conquerentibus
in
forma
juris
respondere
,
&
si
probare
possent
eos
in
aliquo
statuta
terrae
laesisse
,
parati
semper
suerant
legibus
regni
parere
.
Postremo
cum
juramento
addidit
,
quod
noluerit
sacramentum
violare
ad
quod
astrictus
fuerat
in
Coronatione
sua
,
concedendo
literas
pacis
et
indulgentiae
tam
notorie
delinquentibus
in
suae
personae
contemptum
,
et
totius
regni
perturbationem
,
et
majestatis
regiae
laesionem
.
Hiis
auditis
,
Proceres
acti
in
●u●iam
,
confes●im
ad
arma
▪
rosiliunt
,
&
milites
quidam
super
armatura
coti●cas
induerunt
vocatas
quarteloys
,
Armigeri
vero
indumenta
bendas
habuerun●
,
quibus
indumentis
expost
induti
,
tracti
sunt
&
suspensi
plurimide
procerum
Comitiva
.
Cum
fastu
igitur
&
pompa
nimia
Barones
Londonias
adierunt
,
hospitatique
in
suburbia
civitatis
,
manebant
pacifice
donec
licentiam
ingredi
civitatem
obtinuissent
:
obtento
a
rege
civitatis
ingressu
,
Magnates
sicut
prius
in
petitione
sua
fortiter
perstiterunt
.
Tandem
interveniente
regina
&
praefatis
episcopis
laudabiliter
mediantibus
,
rex
inductus
est
propter
werrae
periculum
evitandum
,
ut
condescenderet
votis
&
petitionibus
Procerum
praedictorum
.
Edictoque
super
hiis
per
comitem
Herefordiae
in
aula
Westmonasterii
publicato
,
Hugo
senior
in
exilium
actus
est
.
Sed
Hugo
junior
in
diversis
locis
latitans
,
in
Anglia
&
in
mari
permansit
.
The
Clause
Roll
of
14
E.
2.
m.
17.
Schedula
,
records
the
proceedings
with
this
addition
:
that
King
Edward
the
2.
having
summoned
the
Lords
to
come
to
a
Parliament
with
the
rest
of
the
Council
at
Glocester
,
Humfry
de
Boun
,
Roger
de
Mortimer
,
and
their
confederates
,
refused
to
come
upon
the
Summons
,
for
fear
of
Hugh
Spencer
,
who
was
made
Chamberlain
in
pleno
Parliamento
12
E.
2.
at
York
,
desiring
that
he
might
be
committed
and
kept
in
safe
custody
till
the
Parliament
;
for
they
we●e
unwilling
to
come
to
him
,
so
long
as
he
was
with
the
King
.
The
King
said
;
he
much
wondred
at
this
their
carriage
,
in
regard
Spencer
was
never
questioned
in
any
other
Parliament
since
he
was
made
Chamberlain
,
for
any
misdemeanour
:
&
ignorare
non
debetis
nec
potestis
,
quod
mandata
nostra
omnibus
&
singulis
ad
Nos
ad
hujusmodi
mandata
nostra
convenientibus
,
protect●o
&
desensio
sunt
&
debent
,
secundum
legem
et
consuetudinem
Regni
nostri
.
As
for
removing
Spencer
from
him
,
which
they
desired
;
he
said
,
it
were
unjust
,
and
of
ill
example
,
aliis
Ministris
nostris
s●ipsum
amoveremas
à
Nobis
totaliter
,
sine
caus●
.
Praef●
u●
vero
Hugonem
sive
quema●is
alium
Custodiae
sine
causa
committere
non
possumus
nec
debemus
,
them
to
come
and
treat
cum
caeteris
de
Concilio
,
at
Oxford
;
whereas
it
appears
by
the
Dorse
of
this
Roll
,
he
had
formerly
summoned
them
and
the
rest
of
the
Council
to
Glocester
,
whether
these
Earls
refused
to
come
.
Claus.
15
E.
2.
dorso
32.
The
whole
proceedings
against
the
Spencers
in
Parliamen
,
are
at
large
recorded
(
but
cancelled
by
order
of
the
Parliament
at
York
)
They
were
sent
to
every
Court
to
be
inrolled
:
and
the
writ
recites
,
that
their
judgement
was
per
pares
in
praesentia
Regis
.
Soon
after
,
the
same
year
the
King
summoned
a
Parliament
at
York
on
the
3.
of
September
:
[
(e)
](A56189-e42110-b)
(e)
Claus.
15
E.
2.
m.
23
,
24.
&
dors.
13.32
.
Claus.
17
E.
2.
m.
30.
21
R.
2.
rot.
Parl.
m.
55.
to
67.
See
Holinshed
,
Fabian
,
Polychronicon
.
where
this
judgement
against
the
Spencers
was
questioned
as
erronious
;
and
being
referred
to
the
consideration
of
the
Provincial
Council
of
Canterbury
,
they
conceived
it
to
be
erronice
factum
,
because
the
Spiritual
Lords
never
assented
to
it
,
neither
could
they
doe
it
,
because
it
was
Jndicium
sanguinis
,
for
if
they
submitted
not
to
the
exile
they
were
to
be
proceeded
against
as
Enemies
to
the
King
and
Realm
.
After
which
the
King
and
some
of
the
Lords
had
the
sentence
read
to
them
;
and
they
said
,
It
was
erroni●ous
.
The
Earls
of
Richmond
,
Pembroke
and
Arundel
said
,
They
gave
their
voyces
for
fear
of
the
other
Noble
mens
power
:
and
the
Judges
said
;
Consideratio
praedicta
fuit
contra
Legem
&
consuetudinom
regni
.
The
King
writes
down
all
this
,
and
then
sends
to
some
of
the
Bishops
that
were
absent
from
the
Council
to
know
their
minds
4
Januarii
:
who
concurring
in
judgement
with
the
rest
;
thereupon
the
Process
,
Judgement
and
Act
against
the
Spencers
,
was
nulled
and
made
void
,
before
the
King
,
Lords
and
Commons
(
who
were
consenting
to
it
before
.
)
1.
Because
they
were
not
called
to
it
to
make
their
defence
.
2ly
.
Because
the
Lords
Spiritual
(
who
were
Peers
,
)
assented
not
to
it
.
3ly
,
Because
against
MAGNA
CHARTA
,
&
the
franchises
of
England
;
Nullus
liber
homo
utlagetur
,
&c.
4ly
.
Because
the
Faults
were
not
sufficiently
proved
.
5ly
.
Because
the
Lords
in
the
Kings
absence
,
of
their
proper
authority
,
usurping
to
themselves
royal
power
,
had
given
the
judgement
of
his
royal
assent
,
with
the
assent
of
the
Lor●s
and
Commons
,
without
his
privity
,
and
against
his
will
.
The
judgement
and
process
of
this
repeal
and
nulling
their
sentence
,
were
sent
by
Writ
into
every
County
to
proclaim
,
and
to
null
and
cancel
the
first
judgement
.
A
little
before
which
Parliament
Thomas
Earl
of
Lancaster
,
and
sundry
other
Lords
,
Knights
,
and
Gentlemen
for
adhering
to
him
,
and
levying
war
against
the
king
,
were
arraigned
,
impeached
before
the
Lords
,
and
commanded
to
be
hanged
,
drawn
,
quartered
and
beheaded
.
Comitum
et
Baronum
Consilio
,
as
[
(f)
](A56189-e42320-b)
(f)
Hist.
Angl.
p.
94
,
95.
Ypodigm
.
Neustriae
,
p.
120.
Walsingham
relates
,
without
the
Commons
peculiar
assent
,
and
accordingly
executed
.
Anno
1326.
Hugh
Spencer
the
younger
(
notwithstanding
the
repeal
of
his
exile
)
being
taken
by
the
Kings
forces
was
brought
to
Hereford
,
and
there
arraigned
publiquely
before
William
Trussel
,
a
Judge
:
His
inditement
is
at
large
recorded
in
the
Chronicle
of
Leicester
,
and
in
Henry
de
Knyghton
de
Eventibus
Angliae
,
l.
3.
c.
15.
col.
2547.
&c.
beginning
thus
;
Hugo
de
Dispencere
En
Parlement
nostre
Seignour
le
Roy
que
ore
est
,
tenue
a
Westminstre
lanquinzisme
,
per
examinent
dez
Praelates
,
Contes
,
Barones
,
et
tote
la
commune
de
Realm
fuist
notoriement
trove
,
que
vostre
piere
,
&
vous
Hugh
fu●stez
agardez
TRAYTOURS
&
enmys
del
Realm
;
pur
quel
par
assent
&
commandment
nostre
Seigniour
le
Roy
,
vostre
Piere
,
&
vous
Hugh
fuistez
exules
del
Realm
,
sanz
james
revenir
,
si
ceo
ne
fuist
par
lassent
&
commmandment
nostre
Seignious
le
Roy
,
&
ceo
en
playne
Parlement
duement
al
ceo
summounz
.
And
for
his
returning
into
England
against
this
Act
,
and
his
manifold
murders
,
[
*
](A56189-e42460-b)
*
Walsingham
Hist.
Angl.
p.
●06
.
oppressions
and
misdemeanors
since
,
there
recited
at
large
,
he
was
condemned
to
be
hanged
,
drawn
,
bowelled
,
quartered
and
beheaded
,
which
was
executed
accordingly
,
December
.
8.
and
his
head
fixed
on
a
Poll
,
and
set
upon
London
bridge
.
The
Repeal
of
the
Spencers
exile
was
not
long
after
repealed
,
and
the
Act
for
their
exile
re-confirmed
in
the
Parliament
of
1
E.
3.
ch.
1
,
2.
in
the
Statutes
at
large
,
which
recites
;
That
they
were
exiled
,
disinherited
and
banished
out
of
the
Realm
by
the
Commons
assent
,
and
award
of
the
Peers
and
Commons
of
the
Realm
,
and
by
the
assent
of
King
Edward
,
as
Traytors
and
Enemies
of
the
King
and
of
his
Realm
:
And
that
he
by
the
Common
Counsel
of
the
Prelates
,
Earls
,
Barons
,
and
other
Great
men
,
and
of
the
Commonalty
of
the
Realm
,
in
his
Parliament
holden
at
Westminster
,
did
ordain
and
establish
,
That
the
repeal
of
the
said
Exile
,
which
was
made
by
Duress
and
force
,
should
be
adnulled
f●r
evermore
;
and
the
same
exile
made
by
the
award
of
THE
PEERS
AND
COMMONS
BY
THE
KINGS
ASSENT
,
as
aforesaid
,
shall
stand
in
its
strength
in
all
points
,
after
the
tenour
of
every
Article
therein
contained
.
But
this
Act
of
repeal
by
the
like
power
and
assent
was
repealed
as
erronious
,
and
the
heir
of
the
Spencers
restored
to
blood
and
Lands
by
the
Parliament
of
21
R.
2.
Rot.
Parl.
u.
35.
to
57.
And
that
whole
Parliament
again
repealed
and
nulled
by
1
H.
4.
c.
3.
Cooks
4
Instit.
p.
25.
This
was
the
issue
of
this
very
first
Attainder
,
wherein
the
Commons
concurred
with
the
Lords
,
being
carried
by
force
and
power
on
all
hands
in
those
turbulent
times
.
In
the
Parliament
of
11
R.
2.
ch.
1
,
2
,
3
,
4
,
5
,
6
,
7.
in
the
Statutes
at
large
.
Alexander
Archbishop
of
York
,
Robert
de
Vere
Duke
of
Ireland
,
Michael
de
la
Pale
Earl
of
Suffolk
,
Robert
Tresylien
,
chief
Justice
,
R.
Belknap
,
with
sundry
other
Judges
,
Lawyers
,
Knights
,
Gentlemen
,
Clergymen
,
and
other
Commons
and
Prelates
were
impeached
by
the
Duke
of
Glocester
,
and
other
Lords
Appellants
of
High
Treason
,
in
36
Articles
,
&
thereupon
attainted
,
condemned
,
judgement
of
death
,
banishment
,
forfeiture
of
their
lands
and
estates
given
against
them
in
Parliament
by
the
Lords
,
without
the
Commons
.
After
which
the
Lords
exhibited
a
Petition
to
the
King
for
the
confirmation
of
the
said
Attainders
and
forfeiture
.
Whereupon
the
King
considering
the
mat●er
of
the
said
Petition
to
be
true
,
at
the
request
of
the
said
Commons
,
of
the
assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
,
and
all
others
of
this
present
Parliament
,
granted
the
request
of
the
said
COMMONS
in
all
points
,
after
the
form
of
the
said
Petition
;
And
moreover
of
the
assent
aforesaid
,
passed
sundry
Acts
touching
their
Attainders
,
Judgements
,
Exiles
,
and
forfeitures
,
which
all
may
peruse
at
leisure
in
the
Statutes
at
large
.
In
the
Parliament
of
21
R.
2.
upon
the
Petition
of
the
Commons
,
by
the
like
assent
,
c.
2.
to
12.
in
the
Statutes
at
large
;
these
Attainders
,
Judgemens
,
forfeitures
,
and
the
whole
Parliament
of
11
R.
2.
were
repealed
,
as
erronious
,
and
nulled
.
Yet
after
by
the
Parliam
.
of
1
H.
4.
c.
3.
the
Parl.
of
21
R.
2.
is
nulled
,
and
that
of
11
R.
2.
revived
and
confirmed
,
with
all
the
attainders
,
and
Judgements
therein
given
.
In
the
Parliament
of
9
H.
6.
c.
8.
Owen
Glendor
,
formerly
endited
and
attainted
of
high
Treason
for
his
grand
insurrections
and
rebellions
,
by
the
assent
of
the
Lords
spiritual
and
temporal
,
and
of
the
King●
at
the
special
request
of
the
Commons
,
was
by
special
Act
,
declared
a
Traytor
;
and
all
manner
of
Indictments
,
Inquisitions
,
Processes
,
Records
,
Judgements
,
Ordinances
,
Statutes
made
against
him
,
authorized
,
established
for
Law
,
by
assent
of
the
Lords
and
Commons
in
Parliament
.
In
the
Parliament
of
29
H.
6.
c.
1.
The
King
by
the
advice
of
the
Lords
spiritual
&
temporal
,
and
at
the
request
of
his
Commons
,
by
a
special
Act
,
attainted
John
Cade
of
several
High
Treasons
,
for
traytorously
iman●ging
the
Kings
death
,
the
destruction
and
subversion
of
this
Realm
,
in
gathering
and
levying
great
numbers
of
the
Kings
people
,
and
them
exciting
to
make
insurrection
against
the
King
,
his
regalty
,
crown
,
and
dignity
,
and
to
make
and
levy
war
falsly
and
trayterously
against
the
King
:
for
which
they
confiscated
all
his
Lands
,
Tenements
,
rents
and
possessions
to
the
king
,
corrupt
and
disable
his
blood
for
ever
,
and
enact
him
to
be
called
a
false
Traytor
within
the
Realm
for
ever
.
And
in
31
H.
6.
c.
1.
with
the
advise
and
assent
of
the
Lords
,
and
at
the
request
of
the
Commons
,
it
is
ordained
,
established
,
that
the
said
John
Cade
shall
be
reputed
,
had
,
named
,
and
declared
a
false
Traytor
to
the
king
;
and
all
indictments
and
proceedings
had
and
made
under
the
power
of
his
Tyranny
,
were
clearly
repealed
and
adnulled
for
ever
,
and
to
be
of
no
effect
,
but
void
in
Law
,
and
put
in
oblivion
,
and
destroyed
for
ever
,
as
purposed
against
God
and
Conscience
,
and
the
Kings
royal
estate
and
preheminence
,
and
also
dishonourable
and
unreasonable
.
In
the
Parliament
held
Anno
38
H.
6.
rot.
Parl.
n.
5.
to
26.
Richard
Duke
of
York
with
sundry
other
Lords
and
Commons
were
attainted
of
High
Treason
by
Bill
for
conspiring
and
levying
war
again●t
the
King
.
And
in
the
Parliament
of
[
*
](A56189-e43010-b)
*
An
Abridgement
of
the
Records
,
p.
670
,
671
,
672.677
,
689
,
691
,
699
,
702
,
703
,
707.
1
E.
4.
rot.
Parl.
n.
12
,
17.
to
37
King
Henry
the
4
H.
the
6
Queen
Margaret
,
Edward
Prince
of
Wales
,
Henry
Duke
of
Somerset
,
the
Earl
of
Devonshire
,
with
sundry
other
Knights
,
Esquires
,
and
Gentlemen
,
Priests
and
Yeomen
were
attainted
of
High
Treason
by
Bills
,
for
levying
war
against
king
Edward
the
4.
In
the
Parliament
of
4
E.
4.
rot.
Parl.
n.
2.
to
39.
the
Duke
of
Somerset
,
Henry
Beauford
,
Sir
Ralph
Piercie
,
with
sundry
other
Knights
,
Esquires
and
Gentlemen
were
attainted
of
High
Treason
by
Bill
for
levying
war
against
the
king
;
most
of
which
attainders
in
the
Parliaments
of
12
E.
4.
rot.
Parl.
n.
15.
[
(g)
](A56189-e43170-b)
(g)
Cooks
2.
Instit
p.
39
,
40
,
41.
to
36.13
E.
4.
n.
45.14
E.
4.
n
45.27
,
28
,
29
,
31
,
32.17
E.
4.
n.
19
,
20
,
21
,
22.
E.
4.
n.
23
▪
were
repealed
by
Bills
,
and
the
parties
,
or
their
heirs
restored
to
blood
and
Lands
.
In
the
Parliaments
of
14
E.
4.
rot.
Parl.
n.
34
,
35
,
36
,
37.
Sir
Richard
and
Sir
Robert
Wells
,
John
Vere
,
Earl
of
Oxford
,
Sir
Thomas
Vere
,
with
sundry
more
Knights
and
Gentlemen
were
attainted
by
Bill
of
High
Treason
,
for
Levying
war
against
the
king
,
and
some
of
the
Attainders
repealed
by
Bill
afterwards
.
In
the
Parliament
of
25
H.
8.
c.
12.
Elizabeth
Barkin
,
Richard
Master
,
Edward
Barkin
and
sundry
others
were
attainted
and
condemned
of
High
Treason
,
&
John
Fisher
Bishop
of
Rochester
,
Thomas
Gold
and
others
of
misprission
of
High
Treason
,
by
Act
of
Parliament
.
In
the
Parliament
of
28
H.
8.
c.
7.
Queen
Anne
,
George
Lord
Rochford
,
Sir
Henry
Norris
,
Sir
Francis
Weston
,
William
Breerton
Esquire
,
and
Mark
Sutton
were
convicted
and
attainted
of
High
Treason
,
and
their
lands
forfeited
by
Bill
.
In
the
Parliament
of
32
H.
8.
Thomas
Lord
Cornwell
was
convicted
and
attainted
of
High
Treason
by
Bill
(
against
Law
,
and
the
great
Charter
)
without
ever
being
called
to
answer
,
or
any
legal
hearing
,
for
the
Treasons
therein
expressed
,
according
●o
his
own
intentions
to
have
thus
proceeded
against
others
without
legal
tryal
.
In
the
Parliament
of
33
H.
8.
c.
21.
Queen
Katherine
,
&
Jane
,
Lady
Rochford
were
convicted
and
attainted
of
High
Treason
by
Bill
,
to
which
Act
the
king
was
enabled
to
give
his
royal
assent
,
by
Letters
Patents
,
signed
by
him
under
his
hand
with
his
great
Seal
,
notified
and
published
in
the
HIGHER
HOUSE
,
to
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
there
assembled
,
without
comming
to
the
House
in
person
to
give
his
royal
assent
thereto
.
In
the
Parliament
of
2
&
3.
Ed.
6.
ch.
17.
Sir
william
Sharington
Knight
being
indicted
and
attainted
of
High
Treason
,
for
forging
and
coyning
of
mony
called
Testons
,
his
attainder
was
confirmed
by
Act
of
Parliament
and
his
lands
forfeited
.
And
ch.
18
,
Thomas
Seymor
Lord
Seymor
of
Sudley
,
and
high
Admiral
of
England
,
for
his
trayterous
aspiring
to
the
Crown
of
this
Realm
,
and
to
be
King
of
the
same
,
and
for
compassing
and
imagining
by
open
Act
to
deprive
the
King
of
his
royal
estate
,
and
title
of
his
Realms
,
and
for
compassing
and
imagining
the
death
of
his
Noblemen
,
and
most
trayterously
to
take
away
and
destroy
all
things
which
should
have
sounded
to
the
let
or
impediment
of
this
his
most
trayterous
and
ambitious
enterprise
(
as
the
Act
recites
;
)
and
for
other
his
misdemeanors
,
innumerable
untruths
,
falshoods
,
deceiptfull
practises
,
outrages
against
the
King
,
oppression
,
&
manifest
extortion
upon
the
Subjects
of
the
Realm
,
was
adjudged
and
attainted
of
high
Treason
by
Bill
,
and
to
sustain
such
pain
of
death
,
and
other
forfeitures
,
aes
in
cases
of
High
Treason
have
been
used
being
a
Member
so
unnaturul
:
unkind
,
and
corrupt
,
and
such
a
heynous
offender
of
his
Majesty
and
his
Laws
,
that
he
cannot
nor
may
not
conveniently
be
suffered
to
remain
in
the
body
of
the
Commonwealth
,
but
to
the
extreme
danger
of
the
Kings
Highness
,
being
the
head
,
and
of
all
the
good
Members
of
the
same
,
and
of
too
pernicious
and
dangerous
example
,
that
such
a
person
so
bound
to
his
Majesty
by
sundry
great
benefits
,
and
so
forgetfull
of
them
,
and
so
cruelly
and
urgently
continuing
in
his
false
and
treacherous
intents
and
purposes
against
his
Highness
,
and
the
whole
estate
of
his
Realm
,
should
remain
among
us
.
In
the
Parliament
of
1
Mariae
ch.
1.
the
Attainder
of
Queen
Katherine
is
reversed
by
Bill
;
and
ch.
16.
the
Attainders
of
John
Duke
of
Northumberland
,
Thomas
Cranmer
Archbishop
of
Canterbury
,
William
Marquess
of
Northampton
,
John
Earl
of
Warwick
,
Sir
Ambrose
Dudley
,
with
other
Knights
and
Gentlemen
,
formerly
convicted
and
attainted
of
Treason
,
according
to
the
Law
of
the
Realm
,
for
their
detestable
and
abominable
Treasons
,
in
proclaiming
and
setting
up
Queen
Jane
,
to
the
peril
and
great
danger
of
the
person
of
Queen
Mary
,
and
to
the
utter
loss
,
disherison
,
and
destruction
of
the
Realm
of
England
,
if
God
in
his
infinite
goodness
had
not
in
due
time
revealed
their
trayterous
intents
(
as
the
Act
recites
)
at
the
Petition
and
with
the
assent
of
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
Parliament
,
were
confirmed
and
ratified
by
a
special
Act.
In
the
Parliament
of
29
Eliz.
c.
1.
the
Attainders
of
Thomas
Lord
Paget
,
Sir
Francis
Englefield
,
and
sundry
other
Knights
and
Gentlemen
,
who
were
lawfully
indicted
,
convicted
,
and
attainted
of
many
unnatural
,
detestable
and
abominable
Treasons
,
to
the
fearfull
peril
and
danger
of
the
destruction
of
the
Queens
Majesties
person
,
and
of
the
Realm
,
were
confirmed
by
a
special
Act
,
and
ch.
3.
there
is
another
Act
,
to
avoid
fraudulent
assurances
,
made
in
certain
cases
by
Traytors
.
In
the
Parliament
of
3
Jacobi
,
ch
.
2.
Sir
Ever●rd
Digby
,
Robert
Winter
,
Guy
Fawkes
,
Robert
Cates●y
,
and
all
the
rest
of
the
Gunpowder
Traytors
who
undertook
the
execution
of
the
most
barbarous
,
execrable
and
abominable
Treason
that
could
ever
enter
into
the
hearts
of
most
wicked
men
,
by
blowing
up
the
Lords
House
of
Parliament
,
with
the
King
,
Queen
,
Prince
,
Lords
Spiritual
and
Temporal
,
Judges
,
Knights
,
Citizens
,
and
Burgesses
of
Parliament
,
therein
assembled
;
were
attainted
of
High
Treason
,
and
their
former
attainders
and
convictions
confirmed
by
a
special
Act
:
And
in
this
very
last
Parliament
,
the
[
*
](A56189-e43780-b)
*
See
Straffords
tryal
.
Earl
of
Strafford
Lord
Deputy
of
Ireland
,
and
[
*
](A56189-e43810-b)
*
See
my
Canterburies
Doom
.
William
Laud
Archbishop
of
Canterbury
,
after
judgement
of
high
Treason
,
upon
their
several
impeachments
and
trials
given
against
them
by
the
Lords
in
their
House
,
were
likewise
attainted
of
Treason
,
and
their
judgements
ratified
by
a
special
Bill
and
Ordinance
,
to
which
the
Commons
assented
,
as
well
as
the
Lords
;
their
assents
to
Attainders
,
by
way
of
Act
or
Bill
being
so
necessary
,
that
if
the
King
in
Parliament
Wills
,
that
such
a
man
shall
be
attainted
of
Treason
and
lose
his
lands
,
and
the
Lords
assent
,
and
nothing
is
spoken
of
the
Commons
in
the
Bill
,
this
is
no
Act
nor
,
good
Attainder
in
Law
,
and
the
petson
shall
be
restored
by
the
opinion
of
all
the
Judges
,
4
H.
7.
f.
18.
Broke
Parliam
.
42.
Fitz.
3.7
H.
7.14
.
11
H.
7.27
.
Broke
Parliam
.
107.
Plowden
79.32
H.
6.18
.
As
the
Commons
in
our
English
Parliaments
have
assented
to
all
these
and
some
other
Bills
,
and
Acts
of
Attainder
cited
in
Sir
Edward
Cooks
4
Institutes
,
ch.
1
,
2.
and
Mr.
St.
Johns
Argument
at
Law
concerning
the
Bill
of
Attainder
of
High
Treason
of
Thomas
Earl
of
Strafford
,
printed
by
Order
of
the
Commons
House
1641.
So
I
find
that
the
Commons
in
Ireland
have
done
the
like
in
the
Parliaments
held
in
Ireland
,
as
the
Printed
Statutes
of
Ireland
28
H.
8.
c.
1.
for
the
Attainder
of
the
Earl
of
Kildare
,
and
others
of
High
Treason
.
11
Eliz.
ch
1.
for
the
Attainder
of
Shan
O
Neyle
and
others
of
High
Treason
,
of
13
Eliz
ch.
6.
&
7.
for
the
Attainders
of
Fi●zgerald
and
others
of
High
Treason
,
Of
27
Eliz.
ch.
1.
for
the
Attainders
of
Iames
Eustace
and
others
of
High
Treason
,
of
28
Eliz.
ch.
8.
&
9.
for
the
Attainders
of
the
Earl
of
Desmond
,
John
Brown
and
others
,
and
of
11
Jacobi
ch.
4.
for
the
Attainders
of
the
Earl
of
Tyrone
and
others
of
High
Treason
,
for
their
several
rebellions
,
insurrections
,
wars
,
against
their
Soveraigns
,
and
other
Treasons
mentioned
in
these
respective
Acts
,
abundantly
evidence
.
But
yet
the
Commons
assents
to
all
these
Bills
of
Attainders
in
cases
of
high
Treason
,
did
not
institute
them
Judges
of
these
persons
,
nor
give
them
any
share
in
the
judicial
right
and
power
of
Parliaments
,
1.
Because
most
of
these
persons
thus
attainted
by
Bill
,
were
Queens
,
Dukes
,
Earls
,
Lords
,
Barons
,
and
Peers
of
the
Realm
,
who
were
triable
&
to
be
judged
only
by
their
Peers
,
&
none
else
,
by
the
Common
Law
of
England
,
Magna
Charta
,
c.
29.
and
sundry
other
Acts
,
not
by
the
Commons
,
who
are
not
their
Peers
.
2ly
.
Because
most
of
these
parties
thus
attainted
by
those
Bills
,
were
first
attainted
,
tried
,
judged
,
condemned
in
Parliament
by
the
Lords
alone
,
as
their
proper
Judges
,
upon
the
complaints
or
impeachments
of
the
Lords
Appellants
,
or
of
the
Commons
themselves
,
or
else
before
some
other
Judges
,
upon
indictments
and
legal
tryals
;
and
those
Acts
did
only
confirm
and
ratifie
their
precedent
attainders
recited
in
them
.
3ly
.
Because
in
many
of
these
Acts
the
Commons
did
only
petition
,
that
their
Attainders
might
be
ratified
by
Bill
,
and
the
King
and
Lords
assents
thereto
,
which
was
done
at
their
request
as
Petioners
,
not
Judges
.
4ly
.
Because
their
Judgements
and
Attainders
,
passed
formerly
by
the
Lords
and
Judges
,
were
good
in
Law
,
though
thus
ratified
afterwards
by
Bill
,
for
the
greater
terror
,
certainty
,
and
satisfaction
;
and
these
Bills
did
pass
no
new
Judgements
and
Attainders
upon
the
parties
,
but
only
ratifie
the
old
;
and
in
cases
where
there
was
no
precedent
Attainder
,
they
attaint
them
only
by
vertue
of
their
Legislative
power
,
without
any
indictment
,
tryal
,
or
hearing
of
the
parties
themselves
,
as
Judges
of
them
(
some
of
them
being
dead
when
attainted
)
taking
all
the
charges
in
the
Bills
pro
confesso
,
and
notoriously
true
,
and
proved
such
by
some
other
precedent
legal
convictions
and
evidences
.
2ly
.
There
is
a
formal
proper
Judgement
given
in
our
Parliaments
both
in
criminal
and
civil
causes
,
upon
complaints
,
Articles
,
Petitions
,
Impeachments
,
Inditements
,
Informations
,
Writs
,
Appeals
,
Reports
,
References
,
and
that
either
against
or
concerning
Peers
themselves
,
or
against
or
concerning
Commoners
,
and
other
Laicks
or
Clergy-men
.
And
in
all
such
cases
,
proceedings
,
the
King
and
Lords
alone
have
a
proper
judiciary
power
or
right
of
Judicature
without
the
Commons
,
vested
in
and
executed
by
them
,
which
I
shall
abundantly
evidence
and
make
good
by
sundry
memorable
Presidents
out
of
our
Histories
and
Records
in
all
ages
,
not
vulgarly
known
,
and
for
the
most
part
never
yet
remembred
by
any
who
have
wri●ten
of
our
Parliaments
,
and
the
proceedings
in
them
,
whose
Treatises
are
very
slight
,
unsatisfactory
,
and
in
many
things
of
this
nature
,
erronious
.
I
shall
begin
first
with
presidents
concerning
Ecclesiastical
&
Temporal
Lords
alone
,
proceeded
against
,
impeached
,
judged
,
censured
in
our
Parliaments
for
sundry
criminal
causes
,
Offences
,
Treasons
,
wherin
the
House
of
Commons
can
challenge
no
share
or
voice
in
the
Judicature
,
(
especially
in
the
case
of
Temporal
Lords
,
who
are
such
in
their
own
right
,
and
sit
in
Parliament
ratione
Nobilitatis
)
but
the
Lords
alone
,
and
that
by
the
express
Letter
and
Resolution
of
the
Great
Chariers
of
King
John
,
and
of
King
Henry
3.
and
Ed.
1.
c.
14.29.15
E.
3.
c.
2
,
3
,
4.
and
ro●
.
Parl.
n.
6.8.11
R.
2.
rot.
Parl.
n.
6
,
7.5
H.
4.
rot.
Parl.
n.
12.28
H.
6.
ror
.
Parl.
n.
51
,
52
,
53.
20
H.
6.
c.
9.26
H.
8.
c.
13.28
H.
8.
c.
7.18.31
H.
8.
c.
12.32
H.
8.
c.
4.33
H.
8.
c.
12
,
20
,
23.35
H.
8.
c.
2.1
Ed.
6.
cap.
12.
1
Mar.
c.
6.1
&
2
Phil.
&
Mar.
c.
3.4
&
5
Phil.
&
Mar.
c.
4.1
Eliz.
c.
1.5.5
Eliz.
c.
11.13
Eliz.
c.
1.14
Eliz.
c.
1
,
2
,
3.
18
El.
c.
1.23
El.
c.
1
,
2.27
El.
c.
2.3
E.
3.19
.
Fit
:
Corone
16●
.
1
H.
4.1.10
E.
4.6
.
Brooke
Trial
142.
Stamford
▪
l.
3.
c.
1.
f.
152.33
H.
8.
Brook●
Trial
142.34
H.
8.
Bro:
Corone
172.13
H.
8.11
.
Br.
Treasons
29.38
H.
8.
Br.
Treasons
2.33
.
Dyer
99.107.208.360
.
Cook
6
Rep.
f.
52.9
Rep.
f.
30.87
.
and
Cooks
2
Instit.
f.
28
,
29
,
48
,
49
,
50.
and
his
3
Instit.
c.
1.
&
2.
p.
27
,
28
,
29.30
,
31.
All
which
declare
,
enact
,
resolve
,
That
the
Peers
of
this
Realm
shall
not
be
tried
or
proceeded
against
,
but
only
by
the
lawfull
judgement
,
and
verdict
of
their
Peers
.
The
Lords
and
Barons
of
Parliaments
trial
by
Peers
alone
of
their
own
rank
,
being
so
essential
,
that
they
cannot
waive
,
nor
put
themselves
upon
the
trial
of
the
Country
,
by
12.
ordinary
Freeholders
,
as
was
resolved
in
the
Lord
Dacres
case
,
Pa.
26
H.
8.
Cooks
3
Institutes
,
f.
30.
much
less
then
can
they
waive
their
Peerage
it self
,
and
sit
as
Commoners
in
the
Commons
house
,
as
I
have
formerly
proved
.
The
first
president
I
meet
with
in
our
Histories
of
this
nature
,
is
in
the
reign
of
Cassibelan
the
British
King
,
who
having
repulsed
Julius
Caesar
upon
his
first
landing
in
this
Island
and
forced
him
to
return
into
France
,
[
(a)
](A56189-e44950-b)
(a)
Galfridus
Monum
:
hist.
l.
4.
Porticus
Verunnius
,
Hist.
Brit.
l.
4.
Mat.
Westm.
Flores
Hist.
p.
66
,
67.
Fabian
,
Holinshed
,
Grafton
.
Edictum
fecit
ut
omnes
Proceres
Britanniae
convenirent
;
to
the
City
of
●roynovant
,
now
London
:
where
Evelin
,
nephew
to
Androgens
Duke
of
Troynovant
,
slaying
Heralgas
nephew
to
Cassibelan
,
upon
a
sudden
quarrel
as
they
were
playing
together
,
Cassibelan
thereupon
commanded
Evelin
to
be
brought
before
him
,
talem
sententiam
quam
Proceres
regni
judicarent
subire
:
which
Androgeus
opposing
,
●aying
sese
suam
Curiam
habere
,
&
in
illa
diffiniri
debere
quicquid
aliquis
in
homines
suos
clamaret
;
thereupon
Cassibelan
threatned
to
waste
his
Country
with
fire
and
sword
,
if
he
refused
to
deliver
up
his
Nephew
to
justice
,
to
undergo
the
sentenc●
quam
Proceres
dictarent
:
which
he
accordingly
executed
,
for
refusing
to
put
his
Nephew
upon
the
Trial
and
Judgement
of
the
Nobles
for
this
murder
.
The
next
president
I
find
,
is
that
of
[
(b)
](A56189-e45140-b)
(b)
Will
.
Malmsburiensis
de
Gestis
Pontif.
Angl.
l.
3.
p.
264.
to
269.
Chron.
Johan
.
Bromton
,
col.
792.
to
795.
Mat.
Westm.
Anno
692.711
.
Fox
Acts
and
Mon.
Vol.
1.
p.
160
,
161.
Stubs
and
Godwin
in
Wilfrids
life
.
Wilfrid
Archbishop
of
York
,
who
for
refusing
to
divide
his
Bishoprick
into
two
Bishopricks
more
,
and
for
endeavouring
to
perswade
Queen
Emburga
,
to
become
a
Nun
,
and
desert
her
husband
Egfrid
,
King
of
Northumberland
,
was
through
that
Queens
malice
and
prosecution
in
two
several
Parliamentary
Councils
Anno
678.
&
692.
twice
deprived
of
his
Archbishoprick
and
banished
the
Realm
,
by
King
Egfrid
,
Theodor
Archbishop
of
Canterbury
,
and
the
rest
o●
the
Bishops
and
Nobles
of
the
Realm
assembled
in
these
Councils
;
and
at
last
restored
to
his
Archbishoprick
again
,
in
another
Council
,
An.
705.
by
King
Osred
his
will
and
consent
.
About
the
year
of
our
Lord
924.
[
(c)
](A56189-e45280-b)
(c)
Willelm
.
Malmburiensis
de
Gestis
Reg.
Angl.
l.
●
▪
c.
6
,
p.
62.
Spelmanni
Concil.
p.
407
,
408.
Speed
p.
396.
Elfred
a
Nobleman
,
who
opposed
Aethelstans
title
and
election
to
the
Crown
,
though
in
vain
,
intended
to
seise
upon
him
at
Winchester
,
and
put
out
his
eyes
;
but
his
Treason
being
discovered
,
he
was
apprehended
and
sent
to
Rome
to
purge
himself
thereof
by
Oath
:
where
he
abjuring
the
fact
before
the
Altar
of
St.
Peter
in
the
presence
of
Pope
John
the
10th
.
fell
down
suddenly
to
the
ground
as
dead
,
and
being
thereupon
carried
away
thence
to
the
English
School
,
he
there
expired
within
3
dayes
after
.
The
Pope
acquainting
the
King
therewith
,
and
craving
his
advice
,
what
to
do
with
him
,
and
whether
he
should
have
Christian
burial
?
the
King
thereupon
assembled
a
Council
of
the
Nobles
of
his
Realm
,
at
whose
inteaty
he
granted
him
Christian
burial
;
but
for
this
his
Treason
,
they
confiscated
all
his
Lands
great
and
small
to
the
King
,
who
by
their
consent
granted
them
all
to
the
Abbey
of
Malmsbury
by
his
Charter
:
wherein
he
recites
Elfreds
Treason
,
death
,
and
the
judgement
given
against
him
by
the
Nobles
:
adding
Sciant
Sapientes
regionis
nostrae
,
non
has
praefatas
terras
me
in
iuste
rapuisse
,
rapinamque
Deo
dedicasse
▪
sed
sic
eas
accepi
quemadmodum
judicaverunt
omnes
Optimates
regni
Anglorum
:
et
sic
adjudicata
est
mihi
tota
possessio
ejus
in
Magnis
et
Modicis
.
Here
we
have
a
direct
judgement
given
against
Elfred
after
his
death
,
by
all
the
Nobles
of
the
Realm
assembled
in
a
Parliamentary
Council
,
for
Treason
against
the
King
,
for
which
they
adjudged
,
he
should
forfeit
all
his
Lands
to
the
King
:
whose
seisure
of
them
by
this
legal
judgement
,
was
no
rapine
,
but
a
just
and
legal
perquisite
,
which
he
in
gratitude
dedicated
unto
God
.
[
(d)
](A56189-e45480-b)
(d)
Mat.
West
.
Sim.
Dunelm
.
Florent
.
Wigorn
.
Hoveden
,
Bromton
.
an.
985.986
▪
992
,
993.
Malmsb.
de
Gestis
Regum
l.
2.
c.
10.
Anno
985.
as
some
;
or
986.
as
others
relate
,
King
Ethelred
banished
Alfric
Duke
of
Mercia
▪
out
of
the
Realm
:
the
cause
and
manner
thereof
,
not
expressed
by
our
Historians
,
is
thus
recited
in
King
Ethelreds
Charter
to
the
Abbot
of
Abingdon
,
in
the
Leiger
book
of
Abingdon
,
f.
91.
that
Alfric
had
forcibly
ravished
and
taken
away
,
Willemetrant
and
Syrene
from
a
widdow
named
Eadfeild
,
for
which
he
was
banished
:
after
which
being
recalled
,
and
made
one
of
the
Kings
Admirals
against
the
Danes
,
Anno
992·
he
played
the
Traytor
and
revolted
to
the
Danes
,
as
our
Historians
record
;
for
which
Treason
,
&
as
that
Charter
recites
;
quia
cum
Ducatu
suo
contra
Regem
Ethelredum
reus
exstitit
,
omnes
possessiones
ejus
Regis
ditioni
subactae
sunt
:
and
that
by
the
Lords
judgement
given
in
a
COUNCIL
at
CIRENCESTER
:
stiled
Synodale
Concilium
ad
quod
omnes
Optimates
mei
simul
in
unum
convenerint
,
et
eundem
A●fricun
Majestatis
reum
,
de
h●c
patria
profugum
,
expu●erunt
:
by
whose
Judgement
,
as
he
seised
his
Dukedom
and
Lands
there
adjudged
to
be
forfeited
for
his
Treason
,
it
is
likewise
probable
he
caused
the
Eyes
of
Algarus
,
son
of
this
Traytor
Alfric
to
be
put
out
:
An●o
993.
when
this
Council
at
Cirencester
was
held
,
as
I
conjecture
.
In
a
great
Parliamentary
Council
held
at
Oxford
,
[
(b)
](A56189-e45780-b)
(b)
Malmsb.
de
Gest.
Reg.
l.
2.
c.
c.
10.
Fl.
Wigor
.
p.
382.
Mat.
Westm.
p.
395.
Hoveden
,
p.
433.
Anno
1015.
King
Ethelred
caused
some
Nobles
of
the
Danish
race
,
whereof
Sygeforth
and
Morcar
were
chief
,
to
be
suddenly
and
secre●ly
slain
and
put
to
death
,
as
being
noted
and
accused
of
Treason
and
Perfidiousness
towards
the
King
;
who
thereupon
seised
upon
their
Earldoms
,
Lands
and
Goods
.
King
Cnute
[
(c)
](A56189-e45850-b)
(c)
Aethelredus
Abbas
de
Geneal
.
Regum
Angl.
col.
965
,
966.
Flor.
Wigorniensis
,
p.
389
▪
390.
Simeon
Dunelmensis
,
col.
175
,
176.
Hoveden
,
p.
436.
Hen.
de
Knyghton
de
Eventibus
Angl.
l.
1.
c.
3.
Polychron
.
l.
6.
c.
18.
Hen.
Huntindon
,
Hist.
l.
6.
p.
363.
Anno
1017.
by
his
precepts
assembled
all
the
Bishops
,
Dukes
,
Princes
and
Nobles
of
the
English
Nation
in
a
Great
Parliamentary
Council
at
London
,
where
they
all
swore
allegeance
and
homage
to
Cnute
as
their
King
,
totally
rejected
,
abjured
Edmond
Ironsides
Sons
and
Brothers
,
(
right
heirs
to
the
Crown
;
)
against
their
former
Oaths
of
Allegiance
to
them
,
and
by
wicked
advice
,
ad●udged
Prince
Edwin
to
be
banished
the
Realm
,
and
Edmond
Ironsides
Sons
to
be
sent
beyond
the
seas
,
to
be
slain
by
the
Barbarians
;
for
which
,
by
divine
retaliation
,
●he
chiefest
of
them
within
one
year
after
,
were
slain
or
banished
the
Realm
by
King
Cnute
,
whom
they
endeavoured
to
ingratiate
and
secure
by
this
their
unjust
sentence
.
The
[
(d)
](A56189-e45950-b)
(d)
Col.
937
,
938.
Chronicle
of
Bromton
,
[
(e)
](A56189-e45970-b)
(e)
Part.
6.
Caxton
in
his
Chronicle
,
and
[
(f)
](A56189-e45990-b)
(f)
Titles
of
Honor
,
part.
3
,
ch.
5.
Sect.
6.
p.
634.
Mr.
Selden
,
record
this
memorable
proceeding
in
an
Appeal
of
Treason
against
Earl
Godwin
in
a
Parliamentary
Council
held
about
the
year
1043.
Godwin
Earl
of
Kent
being
enforced
to
fly
into
Denmark
to
preserve
his
life
,
for
the
murder
of
Prince
Alfred
,
Brother
to
King
Edward
the
Confessor
,
hearing
of
Edwards
piety
and
mercy
,
resolved
to
return
into
England
,
humbly
to
implore
his
mercy
and
grace
,
that
he
might
regain
his
lands
then
confiscated
for
it
;
having
provided
all
things
for
his
journy
he
put
to
Sea
,
arived
in
England
,
and
posted
to
London
,
where
the
King
then
held
a
Parliamentary
Council
wi●h
all
his
Nobles
.
Comes
Godwinus
usque
Londonias
ubi
Rex
et
omnes
regni
Magnates
ad
Parliamentum
tunc
fuerant
,
properavit
,
rogans
ibi
et
petens
amicos
&
consanguineos
suos
,
qui
post
Regem
majores
terrae
fuerunt
,
ut
gratiam
et
amicitiam
à
Rege
sibi
perquirere
studerent
.
Qui
super
hoc
consilio
inter
eos
deliberato
,
ipsum
coram
Rege
pro
grat●a
obtinenda
secum
duxerunt
.
Sed
statim
cum
Rex
eum
intuitus
esset
▪
De
proditione
et
morte
Alfredi
fratris
sui
,
ipsum
appellavit
in
haec
verba
.
Proditor
Godwine
ego
te
appello
de
morte
Alfredi
fratris
mei
,
quem
proditionaliter
occidisti
.
Cui
Godwinus
se
excusando
respondit
.
Domine
mi
Rex
,
salva
reverentia
et
gratia
vestra
,
pace
&
dominatione
,
fratrem
vestrum
unnquam
prodidi
veloccidi
;
unde
super
hoc
pono
me
in
consideratione
Curiae
vestrae
.
Tunc
d●xit
Rex
,
Karissimi
Domini
,
Comites
et
Barones
terrae
:
qui
est●s
homines
me●
liget
modo
hic
congrega●●
,
&
appel●um
meum
responsumque
Godwini
audisti●
,
Volo
,
quod
inter
nos
in
ista
appellatione
rectum
judiciam
decernatis
et
debitam
justitiam
faciatis
:
Comitibus
vero
et
Baronibus
super
hoc
ad
in
vicem
tractantibus
,
quid●m
inter
eos
de
justo
judicio
faciendo
diversimodo
sentiebant
:
Alii
enim
a●cebant
;
Quod
nunquam
per
homagium
,
servitium
,
seu
fidelitatem
Godwinus
Regi
exstitit
alligatus
▪
et
ideo
Proditor
suus
non
fuit
;
&
quod
ipsum
etiam
manibus
fuis
non
occiderat
.
Alii
vero
dixerunt
:
Quod
Comes
,
nec
Baro
,
nec
aliquis
Regi
subditus
bellum
contra
Regem
in
appellatione
sua-de
Lege
potest
vadiare
,
sed
in
toto
ponere
in
misericordia
su●
,
et
emendas
sibi
of●er●e
competentes
.
Tunc
Leofricus
,
Consul
Cestriae
▪
probus
homo
quoad
Deum
&
seculum
,
dixit
:
Comes
Godwinus
,
post
Regem
&
homo
melioris
parentelae
totius
Angliae
,
et
dedicere
non
potest
,
quin
per
consilium
suum
Alfredus
frater
Regis
interemptus
fuit
;
unde
per
me
considero
,
qúod
ipsemet
&
filius
suus
,
et
nos
omnes
12.
Comites
,
qui
amici
et
consanguinei
sui
sumu●
,
coram
Rege
humiliter
procedamus
,
onerati
cum
tanto
auro
et
argento
quantum
inter
brachia
sua
quilibet
nostrum
poterit
bajulare
,
illud
sibi
pro
su●
transgresin
afferendo
,
et
suppliciter
deprecando
,
ut
ipse
malevolentiam
suam
,
rancorem
et
iram
Comi●i
con
onet
:
et
acce●
t
is
homagio
suo
&
fidelitate
,
terras
suas
sibi
integre
restituat
e●
retradat
.
Illi
au●em
omnes
sub
ista
forma
thesauro
se
onerantes
,
et
ad
Regem
acced●ntes
,
seriem
&
modum
considerationis
eorum
sibi
demonstr●bant
.
Quorum
considerationi
Rex
contrad●cere
nolens
,
quicquid
judicaverant
per
omnia
ratificavit
:
Concordia
igitur
sub
isto
modo
inter
eos
facta
,
Comes
statim
reobtinuit
integreterras
suas
[
(f)
](A56189-e46360-b)
(f)
See
the
3.
Part
of
my
Seasonable
Legal
and
Historical
Vindication
,
&c.
p.
273.
to
277.
By
this
notable
president
it
is
most
apparent
:
That
the
Peers
and
Barons
in
Parliament
,
were
then
the
sole
and
only
Judges
,
and
gave
judgement
in
it
:
That
Peers
in
the
Confessors
reign
and
before
,
were
only
to
be
tried
,
judged
by
their
Peers
:
and
that
their
Judgement
and
resolution
was
binding
even
to
the
King
himself
,
who
ought
to
assent
to
and
confirm
their
judgements
given
in
his
own
Appeal
and
particular
cases
.
[
(g)
](A56189-e46380-b)
(g)
Malmsb.
de
Gestis
Regum
,
l.
2.
c.
13.
Mat.
Westm.
Wigorniensis
,
Hoveden
,
Bromton
,
an.
1051.
Huntindon
Hist.
l.
6.
p.
366
,
Holinshed
,
Grafton
,
Fabian
,
Speed
.
In
the
year
of
our
Lord
,
1051.
this
Earl
Godwin
refusing
to
execute
King
Edwards
unjust
command
,
to
fall
with
his
Army
upon
the
Inhabitants
of
Dover
,
upon
the
complaint
of
Eustace
Earl
of
Boloigne
,
whose
men
they
slew
in
an
affray
raised
by
their
own
insolency
and
abuse
;
conceiving
it
to
be
unjust
to
condemn
and
execute
them
before
a
Legal
hearing
,
trial
and
conviction
,
upon
a
meer
accusation
;
thereupon
Eustace
and
the
Normans
accused
Godwin
and
his
two
sons
,
Harold
and
Swain
,
to
the
King
,
that
they
disobeyed
and
went
about
to
betray
him
.
Wherefore
,
TOTIUS
REGNI
PROCERES
,
all
the
Nobles
of
the
Realm
were
commanded
to
meet
together
at
Glocester
,
that
the
business
might
be
there
debated
in
a
Great
Parliamentary
Assembly
.
Syward
Earl
of
Northumberland
,
Leofri●
Earl
of
Mercia
,
and
all
the
Nobility
of
England
there
meeting
upon
this
occasion
;
Godwin
and
his
two
sons
only
absented
themselves
,
thinking
it
not
safe
to
come
thither
without
a
strong
armed
guard
:
upon
this
they
raised
a
great
Army
under
a
pretence
to
curb
the
Welshmen
,
marching
with
their
forces
into
Glocestershire
as
farr
as
Beverston
Castle
.
Whence
he
sent
a
Message
to
the
King
,
to
deliver
up
to
him
Earl
Eustace
,
with
his
Companions
,
and
the
Normans
and
Bononians
who
kept
Dover
Castle
,
else
he
would
denounce
war
against
him
.
The
King
having
raised
a
powerfull
Army
,
returned
him
this
answer
;
That
he
would
not
deliver
them
up
to
him
:
withall
commanding
him
and
his
Sons
to
come
unto
him
on
a
set
day
,
to
answer
his
raising
of
an
Army
against
him
,
and
disturbing
the
Peace
of
the
Realm
without
his
license
,
and
to
submit
himself
to
the
Law
for
the
same
.
At
last
to
prevent
a
bloudy
battel
,
by
the
mediation
of
the
Nobles
of
England
(
engaged
on
both
parties
in
this
quarrel
)
it
was
agreed
,
that
hostages
should
be
given
on
both
sides
,
and
that
the
King
and
Godwin
should
meet
in
another
Parliamentary
Council
at
London
on
a
certain
day
,
to
plead
one
with
another
:
where
such
a
Council
(
or
Parliament
as
our
English
later
Historians
stile
it
)
being
assembled
:
Godwin
and
his
sons
were
summoned
to
appear
therein
only
with
12
men
to
attend
them
:
which
they
thinking
both
unsafe
and
dishonourable
to
them
,
refused
to
appear
without
hostages
and
pledges
also
given
for
their
safety
,
refusing
to
surrender
their
Knights
fees
to
him
;
the
King
for
their
contempt
to
appear
and
justifie
themselves
in
his
Court
of
Parliament
,
thereupon
in
suo
Concilio
communi
Curiae
suae
judicio
;
by
the
Common
Council
and
Judgement
of
his
Court
(
of
Parliament
)
banished
Godwin
and
his
5.
Sons
out
of
England
:
and
a
Decree
was
published
,
that
they
should
depart
w●thin
5.
days
out
of
England
;
Which
Judgement
and
Outlawry
against
them
,
was
given
in
Parliamento
pleno
,
as
Radulphus
Cistrensis
in
his
Poly●h●onicon
,
Henry
de
Knyghton
,
de
Eventibus
Angliae
,
l.
1.
c.
11.
and
other
Historians
inform
us
.
Godwin
and
his
Sons
hereupon
departing
the
Realm
,
infested
it
both
by
Sea
and
Land
,
till
at
last
raising
a
potent
Navy
and
Army
,
to
prevent
further
danger
and
effusion
of
blood
;
the
King
by
the
COUNCIL
OF
HIS
NOBLES
assembled
for
that
purpose
;
reversed
the
unjust
Judgements
given
against
them
,
restored
them
to
their
Lands
,
Honors
,
Powers
,
and
banished
those
Aliens
who
gave
the
King
ill
Counsel
,
and
incensed
him
against
Godwin
and
the
English
.
[
(h)
](A56189-e46810-b)
(h)
Henry
Huntindon
Hist.
l.
6.
p.
366.
Polychron
.
l.
6.
c.
20
Chron.
Johan
.
Bromton
,
col.
445.
King
Edward
Anno
1055.
Habito
Londini
Concilio
,
holding
a
Parliamentary
Council
with
his
Prelates
and
Nobles
at
London
,
banished
Algarus
Son
of
Leofric
Earl
of
Mercia
out
of
the
Realm
[
(i)
](A56189-e46880-b)
(i)
Hen.
de
Knyghton
,
de
Event
.
Angl.
l.
1.
c.
11.
Willelmus
Malmsburiensis
,
de
Gestis
Regum
,
l.
2.
c.
23.
Quia
de
Proditione
Regis
in
CONCILIO
CONVICTUS
fuerat
;
because
he
was
convicted
in
the
Council
of
Treason
against
the
King
;
as
some
Historians
write
:
yet
Florentius
Wigorniensis
,
Simeon
Dunelmensis
,
Hoveden
Henry
de
Knyghton
,
and
others
affirm
,
that
he
was
banished
sine
culpa
,
without
any
crime
at
all
:
whereupon
he
coming
with
18
ships
out
of
Ireland
,
joyned
with
Griffin
King
of
Wales
,
raised
a
great
Army
and
invaded
England
;
whereupon
by
agreement
he
was
restored
by
the
King
to
his
Earldom
:
After
which
,
[
(k)
](A56189-e46960-b)
(k)
Ingulphi
Hist.
p.
898.
Wigorniensis
,
Simeon
Dunelmensis
Hoveden
,
anno
1055
,
1058.
Anno
1058.
he
was
banished
the
second
time
,
and
by
th●
ayd
and
assi●tance
of
Gr●ffin
,
restored
again
to
his
Earldom
(
whereof
he
was
unjustly
deprived
.
)
In
the
year
1074.
[
*
](A56189-e47000-b)
*
Hoveden
,
Annal.
pars
prior
,
p.
456
,
457.
Simeon
Dunelmensis
,
col.
208
,
209.
Florent
.
Wigorniensis
,
Huntindon
,
Bromton
,
Holinshed
,
Speed
,
Daniel
and
others
,
Anno
1174
,
1075.
Waltheof
Earl
of
Northumberland
,
with
sundry
other
Earls
,
Bishops
and
Abbots
,
and
other
Eng●ishmen
,
meeting
together
at
the
mariage
of
Earl
Ralph
to
the
daughter
of
William
Fitz
O●bert
,
conspired
together
against
King
William
the
first
(
then
in
Normandy
)
to
expell
him
out
of
his
kingdom
,
reputing
it
a
great
dishonour
,
that
an
illegitimate
Bastard
should
rule
over
them
:
for
which
purpose
they
raised
forces
and
confederated
themselves
with
the
Danes
and
Welshmen
.
But
being
resisted
by
the
Kings
party
and
routed
;
thereupon
the
King
posting
into
England
,
imprisoned
Roger
Earl
of
Hereford
,
and
Earl
Waltheof
,
though
he
revealed
the
whole
conspiracy
to
Archbishop
Lanfranke
,
and
submitted
himself
to
the
King
before
it
brake
out
,
by
which
means
it
was
timely
suppresed
.
The
King
the
next
Nativity
of
our
Saviour
following
,
CURIAM
SUAM
TENUIT
held
his
Court
(
of
Parliament
)
at
Westminster
;
wherein
,
Ex
eis
,
qui
contra
eum
cervicem
suam
erexerant
,
de
Anglia
quosdam
exlegavit
,
quosdam
eru●is
oculis
,
vel
manibus
truncatis
,
deturbavit
;
Comites
vero
Walt●eolfum
&
Rogerum
JUDICI
ALI
SENTENTIA
DAMNATOS
arctiori
custodiae
mancipavit
;
and
the
next
year
1075.
Comes
Waltheofus
ju●su
Regis
Willielmi
extra
Civitatem
Wintoniae
ductus
est
indigne
,
et
crudeliter
securi
decapitatur
,
et
in
eodem
loco
terra
obruitur
et
in
bivio
sepelitur
.
Sir
Edward
Cook
in
his
2.
Institutes
p.
50.
affirms
,
that
this
Roger
Earl
of
Hereford
was
tried
BY
HIS
PEERS
,
and
found
guilty
of
this
Treason
,
PER
JUDICIUM
PARIUM
SUORVM
:
who
was
thereupon
imprisoned
all
the
days
of
his
life
.
If
then
this
Court
thus
held
,
was
a
Parliament
,
and
those
Earls
there
tried
and
found
guilty
of
Treason
in
it
by
their
Peers
even
under
the
Conqueror
himself
;
it
is
a
most
pregnant
Authority
to
prove
;
that
Peers
are
triable
only
by
their
Peers
in
Parliament
;
that
they
are
the
only
Judges
in
Parliament
in
cases
of
Treason
,
and
did
then
give
sentence
of
banishment
,
and
pulling
out
the
eyes
,
and
cutting
off
the
hands
of
Traytors
of
inferiour
condition
,
as
well
as
sentence
of
death
,
decapitation
,
and
perpetual
imprisonment
against
those
two
Earls
.
[
(k)
](A56189-e47280-b)
(k)
Florentius
Wigorniensis
,
Mat.
Westm.
Mat.
Paris
,
Bromton
,
Simeon
Dunelmensis
,
Hoveden
and
others
,
Anno
1070.
Anno
1070.
There
was
a
GREAT
COUNCIL
held
at
Winchester
,
jubente
&
praesente
Rege
Gulielmo
,
wherein
Si●gan●
Archbishop
of
Canterbury
,
his
Brother
Bishop
Agelmar
,
and
lundry
Abbots
were
degraded
for
many
pretended
rather
than
real
crimes
and
misdemeanours
,
operam
dante
Rege
ut
quamplures
ex
Angliis
suo
honore
privarentur
,
in
quorum
loco
suae
gentis
personas
subrogavit
,
in
confirmationem
sui
(
quod
noviter
acqusierat
)
regni
.
Hic
&
nonnullos
tam
Episcopos
quam
Abbates
,
quos
nulla
evidenti
causi
,
nec
Concilia
,
nec
leges
seculi
damnabant
,
suis
honoribus
privavit
,
&
usque
ad
finem
vitae
custodiae
mancipatos
detinuit
,
suspicione
tantum
inductus
novi
Regni
:
As
Florentius
Wigorniensis
and
others
inform
us
.
And
in
another
[
(l)
](A56189-e47360-b)
(l)
Florentius
Wigorniensis
,
Anno
1070
,
p.
435
,
436.
Mat.
Paris
,
Hoveden
,
Huntindon
,
Simeon
Dunelmensis
Bromton
.
Council
held
the
same
year
at
Windsore
,
Bishop
Agelric
(
for
pretended
crimes
)
was
uncanonically
degraded
,
without
any
fault
,
and
presently
after
sent
Prisoner
to
Marlebridge
:
In
this
Council
many
Abbots
were
likewise
degraded
,
and
Norman
Monks
put
in
their
places
.
In
the
7
year
of
William
Rufus
,
[
(m)
](A56189-e47440-b)
(m)
Eadmerus
Hist.
Nov.
l.
1.
p.
25.
to
32.
Antiquitates
Eccles.
Brit.
p.
101
,
102.
Gul.
Malmesbury
de
Gestis
Pontif.
Angl.
l.
1.
p.
219
to
230
,
Speeds
History
,
p.
462
,
463
,
464
:
Holinshed
,
vol.
3.
p.
22
,
to
36.
Anno
Dom.
1094.
there
fell
out
a
great
difference
between
the
King
and
Archbishop
Anselm
upon
this
occasion
.
The
King
alleged
that
it
was
the
royal
prerogative
of
him
and
his
Ancestors
,
That
no
man
without
his
license
or
election
should
nominate
or
acknowledge
any
one
within
the
Realm
of
England
,
to
be
a
lawfull
Pope
,
or
yield
obedience
to
him
as
Pope
:
and
that
whosoever
would
deprive
him
of
this
royal
prerogative
,
it
was
all
one
as
if
he
endeavoured
to
deprive
him
of
his
Crown
.
Anselm
whiles
he
was
Abbot
of
Becca
in
Normandy
,
before
he
was
made
Archbishop
of
Canterbury
,
had
acknowledged
Urban
to
be
lawfull
Pope
,
whom
the
King
had
nor
yet
received
as
Pope
,
and
resolved
to
receive
his
Pall
from
him
,
and
by
no
means
to
recede
from
this
his
subjection
and
obedience
to
him
.
Upon
which
occasion
the
King
being
highly
displeased
with
him
,
protested
,
That
Anselm
could
not
possibly
keep
that
allegiance
which
he
owed
to
him
,
and
likewise
his
obedience
to
the
Apostolick
See
,
against
his
will
,
they
being
inconsistent
together
;
and
thereupon
reputed
him
a
Traytor
to
his
Crown
and
dignity
.
Anselmus
igitur
●e●ivit
inducias
ad
istius
rei
examinationem
quarenu●
Episcopis
,
Abbatibus
,
cunctisque
regni
Principibus
una
coeuntibus
communi
assensu
definiretur
;
●rum
s●lva
reverentia
&
obe●ientia
sedis
Apostolicae
possit
fidem
Regi
terreno
ser●are
,
an
non
?
Quod
si
probatum
inquit
,
fuerit
,
utrumque
fieri
minime
posse
,
fate
or
malo
terram
tuam
,
donec
Apostolicum
suscipias
,
exeundo
devitare
,
quam
beati
Petri
ejusque
Vicarii
obedientiam
vel
ad
horam
abnegare
.
Dantur
ergo
induciae
atque
ex
Regis
sanctione
firme
totius
Regni
Nobilitas
quinto
Id.
Martii
,
pro
ventila●ione
istius
causae
in
unum
apud
Rochingh●ham
coit
.
All
the
Bishops
,
Abbots
and
Nobles
being
there
assembled
in
a
Parliamentary
Council
,
this
controversie
between
the
King
and
Anselm
being
stifly
debated
for
many
days
,
The
King
required
,
and
the
Bishops
and
Nobles
much
pressed
Anselm
,
singly
to
submit
himself
to
the
Kings
Will
,
without
any
saving
of
his
obedience
to
the
Pope
:
which
he
peremptorily
refused
,
this
being
the
sum
of
his
answer
to
the
Bishops
and
Nobles
.
Cuncti
noveritis
in
communi
,
quod
in
his
quae
Dei
sunt
,
Vicario
be
ti
Petri
obedientiam
;
&
in
his
quae
terrenae
Domini
mei
Regis
dignitati
jure
competunt
;
&
fidele
consilium
&
auxilium
propensus
mea
capacitate
impendam
.
The
King
extremely
incensed
with
his
answer
,
most
intirely
inquired
of
his
Bishops
and
Nobles
;
what
he
should
object
against
his
speeches
?
After
much
consultation
they
agreed
upon
an
answer
;
telling
Anselm
,
Noveris
totum
regnum
conqueri
adversum
te
,
quod
nostro
communi
Domino
conaris
decus
Imperii
sui
,
Coronam
auferre
,
Quicunque
enim
Reg●e
dignitatis
&
consuetudines
tollit
,
Coronam
simul
&
regnum
tollit
,
&c.
Whereupon
they
advised
him
to
renounce
Urban
,
and
to
submit
to
the
King
,
and
crave
his
pardon
for
his
offence
;
Which
he
refusing
,
they
perswad●d
the
King
to
give
him
no
longer
time
to
advise
,
if
he
persiste●
in
his
obstinacy
;
Sed
in
eum
mox
judicii
sententiam
invehi
,
juberet
:
The
King
and
Bishop
of
Durham
pre●ed
,
That
he
might
be
deprived
of
his
Ring
,
Pastoral
staff
,
and
Bishop●ick
,
and
banished
the
Realm
,
if
he
would
no
submit
to
the
Kings
will
;
which
some
of
the
Nobles
misliking
(
concei●ing
,
that
he
being
their
Superiour
and
Metropolitan
,
could
not
be
judged
by
them
,
but
by
the
Pope
alone
)
the
King
said
,
Quid
placeat
si
haec
non
placent
?
dum
vivo
parem
mihi
in
regno
utique
sustinere
nolo
,
&c.
Anselm
thereupon
desired
the
Kings
safe
conduct
,
promising
voluntarily
to
depart
the
Realm
,
but
refused
to
resign
his
Bishoprick
;
which
the
King
refused
to
grant
unlesse
he
resigned
it
:
At
last
,
by
the
mediation
of
the
Nobles
and
Bishops
,
the
King
granted
him
longer
time
to
consider
of
his
absolute
submission
to
him
;
upon
the
promise
of
his
loyal
and
peaceable
deportment
in
the
interim
,
and
so
this
Parliamentary
Council
ended
,
the
proceedings
whereof
are
at
large
recorded
by
[
*
](A56189-e47760-b)
*
l.
3.
p.
70.
&c.
Eadmerus
,
well
worth
perusal
.
Anno
[
(n)
](A56189-e47800-b)
(n)
Th.
Walsingham
Ypodigmae
Neustriae
,
p.
33
,
34.
1095.
Robert
de
Mulbrain
,
William
de
Auco
,
and
many
others
,
conspired
to
deprive
King
William
Rufus
both
of
his
kingdom
and
life
,
and
to
make
Stephen
Earl
of
Albemarl
King
,
whom
the
King
having
thereupon
taken
Prisoners
by
an
Army
raised
against
them
,
and
committed
to
safe
custody
,
till
their
trial
in
Parliament
.
Anno
1996.
8
days
after
Epiphany
,
apud
Salisberiam
tenuit
CONCILIUM
;
in
quo
jussit
Gulielmi
de
Auco
,
in
duello
victi
oculos
eru●re
,
&
testiculos
abscindere
,
&
dapiferum
illius
Gulielmum
de
Alderi
,
suspendi
.
Comitem
Odonem
de
Campania
,
praedicti
Stephani
patrem
,
&
quosdam
alios
traditionis
participes
in
custodiam
posuit
.
Here
the
King
and
Lords
in
a
Parliamentary
Council
,
●udge
and
condemn
Traytors
to
death
,
imprisonment
,
or
other
corporal
punishment
,
as
well
Commons
as
Peers
.
In
the
year
of
Christ
,
1.100
.
[
(o)
](A56189-e47950-b)
(o)
Chron.
Jo.
Bromton
,
col.
997.
Hen.
Huntind
.
Hist.
l.
7.
p.
378.
Mat.
Paris
,
p.
51
,
54.
Will
.
Malmesb.
de
gestis
Pontif.
Angl.
l.
3.
p.
277
,
278.
Hen.
de
Knyghton
de
Event
.
Angl.
l.
2.
c.
8.
Polychr
.
l.
7.
c.
12.
Godwins
Catalogue
of
Bishops
,
p.
645
,
646
,
647.
Roger
de
Hoveden
Annal.
pars
prior
,
p.
648.
Ranulph
Flambard
Bishop
of
●urham
,
Consilio
gentis
Anglorum
,
By
the
Vote
of
the
whole
Parliament
of
England
,
was
clapt
up
Prisoner
in
the
Tower
of
London
by
King
Henry
the
1.
at
the
importunity
of
the
Nobles
,
and
the
innumerable
complaints
made
against
him
,
he
being
the
chief
Author
and
promoter
of
all
the
evil
customs
,
extortions
,
and
unjust
oppressions
of
the
Realm
and
people
,
exercised
by
King
William
Rufus
(
then
redressed
by
the
Charter
of
King
Henry
,
made
and
ratified
by
the
assent
,
advice
of
his
Nobles
and
Barons
)
exacting
many
times
twice
as
much
of
the
people
as
W●lliam
Rufus
required
,
wherewith
the
K.
very
well
content
,
would
laugh
,
and
say
,
That
Ranulph
was
the
only
man
for
his
turn
,
who
cared
not
whom
he
displeased
,
so
he
might
please
his
Master
.
After
he
had
been
imprisoned
some
space
,
he
made
an
escape
out
of
the
Tower
by
a
rope
,
hurting
his
Leg
and
Arm
by
a
fall
from
the
wall
to
the
ground
,
the
rope
being
too
short
;
&
then
escaping
into
Normandy
,
instigated
D.
Rob.
to
claim
the
Crown
,
and
invade
the
Realm
;
to
his
own
great
loss
,
the
effusion
of
much
Christian
blood
,
and
great
disturbance
and
damage
of
the
kingdom
;
being
ad
omne
scelus
paratus
.
Anno
Dom.
1102.
[
(p)
](A56189-e48120-b)
(p)
Eadmerus
Hist.
Nov.
l.
3.
p.
67.
Wil.
Malmesbury
de
gestis
Pontif
.
l.
5.
p.
220.
Antiqu.
Eccles.
Brit.
p.
103
,
104.
Mat.
Westm.
Mat.
Paris
,
Hoveden
,
Bromton
,
An.
1102.
Simeon
Dunelm
.
col.
227
,
228.
Radulph
.
de
Diceto
,
col.
499.
Bromton
,
col.
1000.
There
was
a
GENERAL
Council
held
in
the
Church
of
St.
Peters
in
Westminster
on
the
Westside
of
London
;
Communi
assensu
Episcoporum
,
et
Abbatum
,
et
Principum
totius
regni
:
huic
conventui
affuerunt
(
Anselmo
Archiepiscopo
petente
a
Rege
)
PRIMATES
REGNI
,
quatenus
quicquid
ejusdem
Concilii
auctoritate
d●cerneretur
,
VTRIUSQUE
ORDINIS
concordi
cura
&
sollicitudine
tatum
servaretur
;
sic
enim
necesse
erat
.
I●
this
Council
the
Sin
of
Symony
was
first
of
all
condemned
by
the
authority
of
the
holy
Fathers
,
and
Wido
Abbot
of
Pescore
,
Wimundus
of
Tavestock
,
and
Baldwin
of
Ramsy
,
Godric
of
Burgh
,
Haymo
of
Cernel
,
Egelric
of
Midleton
being
therein
convicted
of
Simony
,
were
removed
and
deposed
for
it
by
this
Council
,
and
Richard
Abbot
of
Ely
,
Robert
of
St
Edmonds
and
the
Abbot
of
Miscelen
deposed
for
other
particular
crimes
and
offence●
.
A●o●
which
the
King
being
much
incensed
against
Anselm
and
other
Bishops
for
refusing
to
consecrate
those
Bishops
whom
the
King
invested
with
a
staff
and
ring
,
the
King
and
Anselm
having
a
hot
contest
about
it
at
Canterbury
,
Ne
ipse
perdendo
suorum
jura
An●ecessorum
ipsis
vilior
esset
:
[
*
](A56189-e48350-b)
*
Eadmerus
l.
3.
p.
70
&c.
Antiq.
Eccles.
Brit.
p.
105
,
107.
See
here
p.
170
,
171.
●
Anselm
requested
the
King
●
deferr
●he
business
till
Easter
▪
ut
aud●to
Episcoporum
,
Regni●ue
Primatum
Concilio
,
qui
modo
non
assunt
;
responde●m
hi●
▪
which
the
●ing
consenting
to
,
at
Easter
,
communis
Concilit
vocem
unam
accepit
,
that
he
should
goe
to
Rome
to
the
Pope
to
procure
a
repeal
of
the
Canon
,
made
against
investi●ures
;
and
that
as
the
Kings
Embassador
,
Regis
preces
,
Regnique
negotia
Apostolicis
auribus
expositurus
:
Anselm
undertaking
the
journey
to
Rome
,
like
an
Arch-Traytor
,
so
incensed
the
Pope
against
investitures
,
and
the
King
,
That
William
Warenast
the
kings
Embassador
telling
him
,
H●
kn●w
the
King
would
rather
lose
his
Crown
than
this
Privilege
of
Investitures
:
The
Pope
thereto
replyed
;
Yea
,
let
him
lose
his
head
also
if
he
will
,
whilst
I
live
,
he
shall
never
appoint
any
Bishop
in
his
Realm
,
but
I
will
resist
h●m
what
I
may
.
The
King
hereupon
(
by
the
advise
of
his
Nobles
)
prohibited
Anselm
to
return
into
England
,
and
seised
all
his
Temporalties
,
and
●oods
moveable
and
unmoveable
into
his
hands
,
keeping
him
in
exile
for
9
years
space
,
after
which
he
was
conditionally
restored
,
at
the
mediation
of
the
Kings
Sister
Adela
.
Anno
1106.
[
*
](A56189-e48510-b)
*
Henry
de
Knyghton
,
de
Event
.
Angl.
l.
2.
c.
8.
col.
2374.
Here
p.
172.
Robert
Duke
of
Normandy
,
was
first
adjudged
to
a
shamefull
cruel
death
,
and
after
that
to
have
his
eyes
pulled
out
,
and
he
kept
perpetual
Prisoner
:
and
Earl
Morton
with
others
adjudged
to
perpetual
prison
,
BY
THE
PEERS
,
for
taking
up
arms
against
King
Henry
the
1.
King
[
(q)
](A56189-e48590-b)
(q)
Will
.
Malmesbury
Historiae
Novel
.
l.
2.
p.
181
,
182
,
183.
Godwins
Catalogue
of
Bishops
,
p.
319
,
320
,
321
,
322.
Holinshed
,
p.
50
,
51.
Stephen
having
against
his
own
,
the
Bishops
and
Nobles
Oaths
to
King
Henry
and
Maude
,
usurped
the
Crown
,
Anno
1199.
There
were
divers
rumours
spread
abroad
,
that
Robert
Earl
of
Normandy
,
and
Mawde
would
invade
England
,
and
that
Roger
Bishop
of
Salisbury
,
and
Alexander
his
Nephew
,
Bishop
of
Lincoln
,
who
were
very
powerfull
,
wealthy
,
and
had
built
,
fortified
and
furnished
divers
strong
and
stately
Castles
,
would
upon
the
Empress
landing
surrender
them
to
her
,
and
revolt
from
Stephen
to
her
party
,
Paternorum
scilicet
beneficiorum
memoria
inducti
,
being
both
advanced
and
inriched
by
her
father
:
Whereupon
the
Nobles
oft
times
wished
Stephen
to
compell
them
speedily
to
resign
their
Castles
to
him
,
least
he
repented
too
late
for
not
doing
it
,
when
they
were
in
the
Enemies
power
.
Thereupon
the
King
on
the
8
of
July
apud
Oxenford
,
FACTO
CONVENTU
MAGNATUM
,
summoned
both
these
Bishops
to
this
Parliamentary
Assembly
;
to
which
Bishop
Roger
was
very
unwilling
to
come
,
having
a
great
reluctancy
in
his
mind
against
it
;
whereupon
he
excused
his
coming
,
by
reason
of
his
age
and
infirmity
:
but
that
would
not
be
admitted
,
come
he
must
,
and
did
.
When
these
Bishops
came
to
Oxford
,
there
fell
out
a
sudden
quarrel
between
the
servants
of
the
Bishops
,
and
the
servants
of
Alan
Earl
of
Britain
,
as
they
sate
together
at
the
Table
,
the
Bishops
men
quarrelling
with
the
Earls
,
and
falling
first
a
fighting
with
one
another
with
their
fists
,
and
at
last
with
their
swords
,
a
sore
fray
was
made
,
divers
being
wounded
on
either
side
,
and
one
slain
;
the
Earls
servants
being
put
to
slight
by
the
Bishops
.
The
K.
taking
this
occasion
,
Conveniri
jussit
Episcopis
,
ut
Curiae
suae
satisfacerent
de
hoc
,
quod
homines
eorum
pacem
ipsius
exturbassent
:
Modus
fatisfactionis
foret
,
ut
claves
castellorum
suorum
quasi
fidei
vadis
traderent
.
The
Bishops
said
they
were
ready
to
give
the
King
satisfaction
,
but
delaying
the
surrendring
of
their
Castles
,
he
commanded
them
to
be
more
strictly
watched
,
lest
they
should
depart
;
and
the
king
carrying
the
Bishop
of
Salisbury
with
him
,
besieged
his
Castles
till
they
were
surrendred
to
him
by
composition
.
This
act
of
the
king
was
variously
interpreted
,
and
very
i●l
resented
by
all
the
Bishops
,
who
thereupon
revolted
from
him
,
first
in
their
affections
,
and
then
by
their
actions
to
Mande
,
when
she
arived
,
and
elected
,
declared
her
right
heir
to
the
Crown
.
Henry
Bishop
of
Winchester
the
Popes
Legat
,
though
King
Stephens
own
Brother
,
publikely
to
the
Kings
face
,
as
well
as
privately
,
affirmed
,
Si
Epis●opi
tramitem
Justitiae
in
aliquo
transgrederentur
non
esse
Regis
sed
Canonum
judicium
:
sine
publico
et
Ecclesiastico
Concilio
illos
nulla
possessione
privare
debuisse
:
Regem
id
non
ex
rectitudinis
zelo
,
sed
commodi
sui
compendio
fecisse
,
qui
Castella
non
Ecclesiis
,
ex
quarum
sumptibus
,
et
in
quarum
terris
constructa
erat
,
reddider●t
;
sed
Laicis
,
eisdemque
parum
religiosis
,
contradiderit
,
&c.
Quapropter
vigorem
Canonum
,
experiendum
ratus
,
CONCILIIO
quod
quarto
Calend
.
Septembris
celebraturus
erat
Wintoniae
,
fratrem
Stephanum
,
incunctanter
adesse
praecepit
.
Dicto
die
omnes
fere
Episcopi
Angliae
,
cum
Theobaldo
ARCHIEPISCOPO
Cantuariensis
,
venerunt
Wintoniam
:
In
which
Counc●l
the
Bp.
of
Winchester
first
reading
his
Legats
Commission
in
England
granted
him
by
the
Pope
,
and
then
relating
the
great
indignity
done
by
King
Stephen
to
those
Bishops
by
imprisoning
their
persons
and
seising
their
Castles
against
the
Canons
,
demanded
the
Archbishops
and
Bishops
advice
what
to
do
therein
:
concluding
,
Se
ad
executionem
Concilii
,
nec
pro
Regis
amicitia
,
qui
sibi
frater
erat
,
nec
pro
damno
possessionum
,
nec
etiam
pro
capitis
periculo
defuturum
.
Rex
causae
suae
non
diff●sus
Comites
in
Concilium
misit
,
quaerens
cur
vocatus
esset
?
Responsum
est
à
Legato
in
compendio
:
Non
debere
illum
,
qui
se
Christi
fidei
subjectum
meminisset
,
indignari
,
si
à
ministris
Christi
ad
satisfactionē
vocatus
esset
,
tanti
reatus
conscius
,
quantum
nostra
secula
nunquam
vidissent
,
&c.
Consulte
vero
in
praesentiarum
Rex
faceret
,
si
rationem
facti
sui
redderet
,
vel
Canonicum
judicium
subiret
:
Ex
debito
etiam
oportere
ut
Ecclesiae
faveret
,
cujus
sinu
exceptus
non
manu
militum
in
regnum
promotus
fuisset
.
Hereupon
the
Earls
departing
,
having
provided
an
answer
,
returned
with
one
Albric
de
Vere
,
an
experienced
Lawyer
:
who
aggravating
the
Bishops
offences
against
the
King
,
and
the
●ray
of
their
Servants
at
Oxford
in
a
modest
manner
,
without
reproach
;
alleged
,
that
they
being
accused
by
general
reports
in
all
mens
mouths
,
for
intending
to
deliver
up
their
Castles
to
Maud
upon
her
arival
,
the
King
had
thereupon
apprehended
and
imprisoned
them
,
not
as
Bishops
,
but
as
his
Servants
and
Officers
,
and
had
not
taken
away
their
Castles
by
force
,
but
by
the
Bishops
voluntary
surrender
,
ut
calumniam
de
tumultu
,
quem
in
Curia
coneitaverant
,
evaderent
:
That
the
money
found
in
them
,
was
only
that
the
Bishops
had
collected
for
King
Henry
his
Uncles
use
,
and
belonged
now
to
his
own
Eschequer
;
and
that
the
Bishops
willingly
parted
with
the
mony
and
Castles
to
him
,
for
fear
of
the
things
they
had
committed
against
the
King
,
who
wanted
not
Witnesses
to
prove
it
.
Therefore
he
desired
the
agreements
between
him
and
the
Bishops
might
remain
confirmed
.
Bishop
Roger
on
the
contrary
,
denyed
he
was
ever
the
Kings
Officer
,
or
received
his
moneys
;
adding
,
Si
justitiam
de
rebus
sibi
ablatis
in
illo
CONCILIO
non
inveniret
,
eam
in
audientia
majoris
Curiae
q●aerendam
.
The
Legat
gently
replyed
,
Omnia
quae
dicuntur
contra
Episcopos
prius
in
Concilio
Ecclesiastico
et
accusari
,
&
a●
vera
essent
,
decuisset
inquiri
,
quam
in
indemnes
contra
Canonum
Decreta
sententiam
proferri
.
Rex
itaque
faciat
quod
in
forensibus
judiciis
legitimum
est
fieri
,
ut
revestiat
Episcopos
de
rebus
suis
.
Alioquin
jure
Gentium
,
disseisati
non
placitabunt
.
After
much
debate
on
both
sides
,
the
cause
was
put
off
3.
dayes
one
after
ano●her
till
the
Archbishop
of
Rhoan
came
.
Is
ubi
venit
,
dixit
,
se
concedere
ut
Castella
Episcopi
haberent
,
si
se
jure
habere
debere
per
Canones
probari
possent
;
quod
quianon
possent
,
extremae
improbitatis
esse
contra
Canones
niti
velle
.
Et
esto
(
inquit
)
justum
sit
ut
habeant
;
Certe
,
quia
suspectum
est
tempus
,
juxta
morem
aliarum
gentium
,
Optimates
omnes
claves
munitionum
suarum
debent
voluntati
Regis
contradere
,
qui
pro
omnium
pace
debet
militare
.
Ita
omnis
controversia
Episcoporum
infirmabatur
.
Aut
enim
secundum
Canonum
scita
injustum
est
,
ut
habeant
Castella
;
aut
si
hoc
pro
indulgentia
principali
toleratur
,
ut
tradant
claves
necessitati
temporis
debent
cedere
.
Albric
the
Kings
Lawyer
added
;
that
the
King
was
informed
the
Bishops
intended
to
send
some
of
themselves
to
Rome
against
him
:
But
he
advise●h
none
of
you
to
presume
to
doe
it
:
for
if
any
of
you
shall
presume
to
go
any
whither
against
his
will
and
the
dignity
of
the
Realm
of
England
it
is
provided
that
his
return
will
be
very
difficult
.
Hereupon
the
Council
presently
dissolved
,
and
so
ita
discessum
est
,
ut
nec
Rex
censuram
Canonum
pà●i
vellet
,
nec
Episcopi
eam
consultum
exercere
ducerent
duplici
ex
causa
;
seu
quia
Principem
excommunicare
sine
Apostolici
conscientia
temera●ium
esset
,
seu
quoniam
audirent
,
quidam
etiam
viderent
gladios
circa
se
nudari
.
[
(r)
](A56189-e49130-b)
(r)
Chronicon
Gervasii
,
col.
1371.
Gul.
Nub●igen
.
l.
1.
c.
32.
Matth.
Westm.
anno
1152.
Gervas
.
Dorobern
.
Act.
Pontif.
Cant.
col.
1668.
Antiq.
Eccles.
Brit.
p.
117.
Godwins
Catal.
of
Bishops
,
p.
85
,
86.
Holinshed
Vol.
3.
p.
57
,
59.
Speeds
History
,
p.
496
497.
King
Stephen
in
the
●ea●
1152.
Convocato
apud
Londonium
,
Generali
Concilio
,
cum
Episcopis
,
Proceribus
et
Nobilibus
Angliae
,
tum
pro
Regni
negotiis
,
cum
etiam
pro
negotio
vacantis
Ecclesiae
Eboracensis
;
much
fearing
and
suspecting
the
valour
and
power
of
Young
Henry
Duke
of
Normandy
(
right
heir
of
the
Crown
)
ne
in
primo
gradu
haereditas
cassaretur
,
fraude
retenta
,
proposuit
animo
filium
suum
Eustachium
,
regio
diademate
insignire
,
&
de
jure
debito
&
jurato
Henricum
praevenire
&
penitus
privare
.
This
design
of
his
being
propounded
in
this
Great
Council
,
the
Earls
and
Barons
assented
to
it
;
and
thereupon
(
as
Matthew
Westminster
records
)
Comites
&
Barones
Angliae
fecerunt
ligantiam
&
fidelitatem
Eustachio
,
filio
Regis
Stephani
.
Whereupon
King
Stephen
requested
Theobald
Archbishop
of
Canterbury
,
with
the
rest
of
the
Bishops
,
to
crown
and
anoint
Eustace
King
.
Which
the
Archbishop
peremptorily
refused
,
the
Pope
having
expresly
prohibited
him
by
his
Letters
;
ne
filium
Regis
qui
contra
jusjurandum
regnum
usurpasse
videbatur
,
in
regem
sublimaret
:
that
he
should
not
crown
the
Son
of
a
King
,
who
had
usurped
the
Crown
and
kingdom
,
against
his
Oath
to
Henry
the
first
,
Queen
Maud
,
and
their
heirs
.
Hereupon
King
Stephen
and
his
Son
Eustace
with
their
complices
,
being
highly
incensed
,
commanded
all
the
Bishops
with
the
said
Archbishop
,
to
be
shut
up
in
one
house
where
they
were
assembled
,
desiring
to
extort
that
from
them
by
terrors
and
threats
,
which
they
could
not
gain
by
prayers
or
price
.
Some
of
the
Bishops
struck
with
fear
,
deserted
the
Archbishops
advice
,
and
seemed
to
comply
with
the
King
;
but
the
Archbishop
continuing
firm
and
resolute
in
his
purpose
,
escaping
out
of
the
House
by
a
miraculous
accident
,
took
his
barge
,
and
rowing
down
the
Thames
,
got
beyond
Sea
,
and
so
escaped
the
threats
of
the
King
and
Eustace
,
and
defeated
him
of
his
much
desired
honour
.
Whereupon
the
King
being
more
exasperated
than
before
(
by
the
advice
of
the
Council
)
presently
banished
him
the
Realm
,
seised
his
Temporalties
and
confiscated
all
his
goods
:
Who
by
way
of
revenge
stirred
up
Duke
Henry
,
right
heir
to
the
Crown
,
to
invade
the
Realm
,
the
very
next
year
;
to
whom
most
of
the
Nobles
and
people
(
mindfull
of
their
former
Oaths
)
presently
flocked
,
deserting
the
perjured
Usurper
Stephen
;
who
against
his
Oath
invaded
the
crown
by
the
instigation
also
of
Roger
Bp.
of
Salisbury
;
who
though
advanced
by
King
Henry
the
1.
from
a
mean
condition
to
the
greatest
place
and
power
next
to
the
King
;
yet
proved
so
treacherously
ingratefull
to
his
heir
Queen
Maud
,
to
whom
he
had
sworn
allegiance
,
[
(s)
](A56189-e49430-b)
(s)
Neubrigensis
hist.
l.
1.
c.
6.
U●
Rege
defuncto
qui
ei
tantae
in
hoc
seculo
claritatis
autor
extiterat
,
circ●
legitimos
ejus
haeredes
insidus
,
ut
S●ephanum
Sacramento
illo
aequè
astrictum
allocaret
,
non
solum
non
est
veritus
iucurrere
perjurium
,
verum
etiam
aliis
insigne
pejerandi
praestruxit
exemplum
.
And
therefore
was
himself
as
ingratefully
and
perfidiously
handled
by
King
Stephen
,
who
imprisoned
his
person
and
his
Nephew
Alexanders
,
Bishop
of
Lincoln
very
strictly
,
seised
all
their
magnificent
Castles
,
Wealth
,
Treasures
,
&
pined
them
with
famine
;
so
that
this
perjured
Bishop
for
loss
of
his
Castles
or
Treasures
,
fell
distracted
through
grief
,
and
died
mad
de
perspicuo
Dei
judicio
vitam
longo
tempore
splendidissimam
infelicissimo
fine
concludens
;
as
Neubrigensis
observes
.
[
(t)
](A56189-e49550-b)
(t)
Chronicon
Gervasii
,
col.
1386
,
1387
,
Roger
Hoveden
,
annal.
pars
posterior
,
p.
491.
to
534.
Mat.
Paris
,
p.
94.
to
127.
Mat.
Westm.
Bromton
,
ann.
1166
&c.
Antiqui
.
Eccles.
Brit.
p.
118.
to
124.
Godwins
Catalogue
of
Bishops
,
p.
86
▪
to
96.
Fox
Acts
and
Monum
.
p.
186.
to
206.
Speeds
History
,
p.
503.
&c.
Holinshed
,
p.
69.
to
81.
King
Henry
the
second
succeeding
Stephen
,
Ann.
1164.
to
suppress
the
usurpations
of
the
Pope
and
Prelates
on
the
Crown
,
summoned
all
the
Bishops
,
Abbots
,
Priors
,
Ea●ls
,
Barons
and
Nobles
of
the
Realm
to
a
Parliamentary
Great
Council
a●
Clarindon
,
where
they
made
a
recognition
of
all
the
antient
Customs
and
liberties
of
the
Realm
,
used
in
the
reign
of
king
Henry
the
first
,
which
they
all
took
a
solemn
Oath
inviolably
to
preserve
to
the
King
and
his
heirs
for
ever
,
and
Archbishop
Becket
amongst
the
rest
.
The
11
Article
was
this
:
Archiepiscopi
,
Episcopi
,
&
universae
personae
regni
,
qui
de
rege
tenent
in
capite
,
habent
possessiones
suas
de
Domino
Rege
sicut
Baroniam
,
&c.
sicu●
Barones
caeteri
debent
interesse
judiciis
curiae
Regis
,
(
to
wi●
of
his
Court
of
Parliament
,
[
*
](A56189-e49690-b)
*
An
Abridgement
of
the
Records
in
the
Tower
,
p.
322.
Seld●ns
Titles
of
honour
,
part
2
p.
735.
11
R.
2.
Rot.
Parl.
p.
1.
m.
2.
rot.
34.
as
the
protestation
of
the
Archbishop
and
Prelates
in
the
Parliament
of
11
R.
2.
rot.
Patl.
n.
9.11
.
resolves
it
)
cum
Baronibus
,
quousque
perveniatur
in
judicio
ad
diminutionem
Membrorum
vel
ad
mortem
,
An
unanswerable
authority
tha●
rhe
Barons
and
Peers
in
Parliament
,
had
antiently
,
in
the
reigns
of
Henry
the
1.
and
2.
and
long
before
,
a
judicial
power
even
in
criminal
(
as
well
as
canonical
)
causes
deserving
loss
of
Member
or
death
,
and
that
as
well
in
cases
of
Commons
as
Peers
.
It
is
observable
that
though
according
to
this
Article
the
Bishops
in
those
days
did
not
pronounce
sentence
,
nor
were
not
actually
present
at
the
giving
of
judgement
by
the
other
Barons
in
cases
of
blood
;
yet
they
took
upon
them
the
name
of
Barons
,
and
were
present
on
that
account
,
at
all
the
debates
,
in
criminal
causes
,
and
gave
their
votes
therein
in
our
Parliamentary
Councils
,
absenting
themselves
only
from
the
sentence
and
execution
,
for
which
Petrus
Blesensis
Archdeacon
of
Bath
under
king
Henry
the
2.
thus
justly
censures
them
.
[
*
](A56189-e49770-b)
*
Canon
Episcopalis
Tractatus
de
Institutione
Episcopi
Bibl.
Patrum
,
Tom.
12.
pars
2.
p.
942.944
.
Quidam
Episcopi
Regum
munificentias
&
eleemosinas
antiquorum
,
abusive
BARONIAS
&
REGALIA
VOCANT
,
&
in
occasione
turpissimae
servitutis
,
SEIPSOS
BARONES
appellant
;
vereor
ne
de
illis
quereletur
Dominus
,
&
dicat
[
*
](A56189-e49790-b)
*
Osea
8.4
.
Ipsi
regnaverunt
,
et
non
ex
me
,
Principes
extiterunt
,
&
ego
non
cognovi
.
Scias
te
assumpsisse
Pastoris
officium
NON
BARONES
,
Cer●e
[
*
](A56189-e49800-b)
*
Gen.
48.38
.
Joseph
in
Aegypto
patrem
suum
&
fratres
instruxit
,
ut
dicerent
Pharoni
,
viri
pastores
sumus
.
Maluit
eos
profiteri
Pastoris
officium
,
quam
PRINCIPIS
aut
BARONIS
,
&c.
Vacuum
a
secularibus
oportet
esse
animum
divinae
servitu●is
obsequio
consecratum
,
&c.
Illud
coelestem
exasperat
iram
,
et
plerisque
discrim●n
aeternae
damnationis
accumulat
,
quod
quidam
Principes
Sacerdotum
et
Seniores
populi
,
licet
non
dictent
judicia
sanguinis
,
eadem
tamen
tractant
disputando
ac
disceptando
de
illis
,
seque
adeo
immunes
a
culpa
reputant
,
quod
mortis
aut
truncationis
Membrorum
judicium
decernentes
,
a
pronuntiatione
duntaxat
,
et
executione
paenalis
sententiae
se
absentant
.
(
The
very
words
of
this
Article
of
Clarindon
)
Sed
quid
hac
simulatione
perniciosius
est
?
Nunquid
discutere
&
diffinire
licitum
est
,
quod
pronunciare
non
licet
?
Certe
Saul
de
morte
David
multiplici
machinatione
tractabat
,
(
let
others
observe
it
)
&
ut
malitiam
suam
sub
umbra
innocentiae
palliaret
,
dicebat
,
[
*
](A56189-e49890-b)
*
1
Reg.
18.17
.
Non
sit
manus
mea
in
eum
▪
sed
sit
super
eum
manus
Philistinorum
.
Sane
quantum
haec
dissimulatio
ipsum
excusabat
apud
homines
,
tantum
apud
Deum
eundem
damnabilius
accusabat
;
Expressa
fimilitudinis
forma
,
in
CONSITORIO
illo
,
in
quo
Christus
ad
mortem
damnatus
est
,
Pharisaei
&
Scribae
dicebant
,
[
*
](A56189-e49930-b)
*
Johan.
18.3
.
Nobis
non
licet
interficere
quemquam
:
cumque
tamen
clamarent
dicentes
,
crucifige
,
sententiam
in
eo
occisionis
cruentae
malignitate
dictabant
.
Quem
occidebant
gladio
linguae
,
publice
protestabantur
,
sibi
occidere
non
licere
:
eorumque
iniquitas
eo
ipso
detestabilior
erat
,
quia
ut
evaderent
humanum
judicium
,
eam
simulatione
innocentiae
occultebant
;
Animabus
praelatus
es
,
non
corporibus
:
nihil
Praelato
commune
est
cum
Pilato
:
Christi
villicus
es
,
&
Vicarius
Petri
;
nec
respondere
oportet
Coesari
,
de
commissa
tibi
jurisdictione
,
sed
Christo
,
Quidam
tamen
per
usurpatas
seculi
administrationes
se
vinculo
curiali
obnoxiant
,
&
quasi
renunciaverint
suae
privilegio
dignitatis
,
calculum
durioris
eventus
expectant
.
These
Articles
of
Clarindon
were
not
only
sworn
to
,
but
likewise
subscribed
and
sealed
by
all
the
Bishops
,
except
Archbishop
Becket
,
who
refused
to
sign
or
set
his
seal
unto
them
,
unlesse
the
Pope
would
first
confirm
them
by
his
Bill
.
The
King
hereupon
sent
two
Embassadors
to
Rome
unto
the
Pope
,
to
crave
his
allowance
of
these
Laws
;
but
Becket
had
so
dealt
with
the
Pope
before
hand
(
who
knew
the
cause
to
be
more
his
own
than
Beckets
)
that
he
rejected
the
sute
,
and
withall
absolved
Becket
and
the
other
Bishops
from
the
Oath
of
allegiance
they
had
taken
to
observe
them
.
Whereupon
the
King
being
highly
offended
with
Becket
;
summoned
a
Great
Parliamentary
Council
of
the
Prelates
and
Nobles
at
Northampton
,
wherein
he
demanded
an
account
of
30000
l
,
which
came
to
Beckets
hands
during
his
Chancellorship
:
which
he
excusing
,
and
refusing
punctually
to
answer
unto
,
the
PEERS
and
BISHOPS
condemned
all
his
moveables
to
the
Kings
mercy
.
After
which
the
Lords
and
Peers
by
joynt
consent
adjudged
him
guilty
of
perjury
,
for
not
yeelding
temporal
obedience
to
the
King
,
according
to
his
Oath
taken
at
the
Council
of
Clarindon
,
The
Bishops
thenceforwards
openly
disclaiming
all
obedience
to
him
,
as
their
Archbishop
:
The
next
day
,
whiles
THE
BISHOPS
&
PEERS
were
consulting
of
some
further
course
to
be
taken
with
him
,
Becket
caused
to
be
sung
before
him
at
the
Altar
,
The
Princes
set
and
speak
against
me
,
and
the
Ungodly
persecute
me
,
&c.
And
forthwith
taking
his
silver
Crosier
in
his
hands
(
a
thing
strange
and
unheard
of
before
)
entred
armed
therewith
into
the
Kings
presence
,
though
earnestly
disswaded
from
it
by
all
who
wished
him
well
;
wherewith
the
King
being
inraged
,
commanded
the
Peers
there
assembled
in
a
Parliamentary
Council
,
to
sit
in
judgement
upon
him
,
as
on
a
Traytor
or
perjured
person
;
who
accordingly
adjudged
him
both
a
Traytor
and
perjured
Rebel
,
and
that
he
should
be
forthwith
apprehended
and
cast
into
prison
as
such
a
one
,
and
forfeit
all
his
goods
and
temporalties
.
The
Earls
of
Cornwal
and
Leicester
,
who
SATE
AS
JUDGES
,
citing
him
forthwith
to
hear
his
sentence
pronounced
;
he
immediately
appealed
to
the
See
of
Rome
,
as
holding
them
no
competent
Judges
:
Whereupon
all
the
Prelates
and
Nobles
reviling
him
with
the
name
of
Traytor
and
perjured
person
;
he
replyed
,
That
were
it
not
for
his
function
,
he
would
enter
the
duel
or
combate
with
them
in
the
field
,
to
acquit
himself
from
Treason
and
Perjury
.
And
so
speeding
away
from
them
for
fear
of
imprisonment
,
and
disguising
himself
under
the
name
and
habit
of
Dereman
,
fled
in
a
small
Fisher
boat
into
Flanders
;
Thereupon
the
King
seised
all
his
goods
and
temporalties
into
his
hands
,
and
sent
Embassadors
to
the
Earl
of
Flanders
,
the
French
King
and
Pope
,
praying
them
in
no
wise
to
suffer
or
foster
within
their
Dominions
one
that
was
such
a
notorious
Traytor
to
him
.
The
Proceedings
against
this
Traytor
Archbishop
Becket
.
In
this
Magnum
et
solenne
Concilium
held
at
Northampton
,
Anno
1165.
being
very
memorable
,
and
more
fully
relating
the
manner
of
our
Parliamentary
Process
in
that
age
,
and
the
judicial
jurisdiction
and
proceedings
of
the
Lords
in
Parliament
,
as
well
in
civil
as
criminal
causes
than
any
other
I
have
met
with
,
I
shall
give
you
a
more
full
account
of
them
out
of
three
of
our
Historians
(
who
record
the
same
)
[
*
](A56189-e50460-b)
*
Annalium
pars
posterior
p.
494
,
495.
in
their
own
words
.
The
first
of
them
is
Roger
de
Hovedrn
,
who
thus
relates
the
proceedings
.
Anno
gratiae
1165.
qui
erat
annus
und●cimus
Regni
Henrici
Regis
,
idem
Rex
Henricus
Magnum
congregavit
Concilium
,
apud
Northampton
,
ubi
Rex
taedium
magnum
fecit
,
Thomae
Cantuariensi
Archiepiscopo
.
Imprimis
enim
fecit
Rex
equos
suos
hospitari
in
hospitiis
illius
:
Sed
Archiepiscopus
mandavit
Regi
,
quod
ipse
AD
CURIAM
NON
VENIRET
,
DONEC
hospitia
sua
vacuarentur
ab
equis
&
hominibus
fuis
.
In
chrastino
Colloquii
venit
Thomas
Archiepiscopus
AD
CURIAM
REGIS
in
capella
ejus
,
&
statim
petiit
ab
eo
licentiam
tranfretandi
ad
Alexandrum
Papam
,
qui
ea
tempestate
moram
faciebat
in
Francia
,
sed
habere
non
potuit
.
Dixit
enim
ei
Rex
;
tu
prius
respondebis
mihi
de
injuria
quam
fecisti
Johanni
Marescallo
meo
in
Curia
tua
.
Conquestus
enim
erat
regi
idem
Johannes
,
quod
cum
calumniatus
osset
in
Curia
Archiepiscopi
terram
quandam
de
illo
tenendam
jure
hereditario
,
&
diu
inde
placitasset
,
nullam
inde
potuit
assequi
Justitiam
;
&
quod
ipse
curiam
Archiepiscopi
Sacramento
falsificaverat
secundum
consuetudinem
Regni
.
Cui
Archiepiscopus
respondit
:
Nulla
justitia
defuit
Johanni
in
curia
mea
,
sed
ipse
(
nescio
cujus
consilio
,
an
proprae
voluntatis
motu
)
attulit
in
Curia
mea
quondam
toper
,
&
juravit
super
eum
,
quod
ipse
pro
defectu
justitiae
a
Curia
mea
recessit
:
Et
videbatur
Justiciariis
Curiae
meae
,
quod
ipse
injuriam
mihi
fecit
,
quia
sic
à
Curia
mea
recessit
;
cum
statutum
sit
in
regno
vestro
:
Quod
qui
Curiam
alterius
falsificare
voluerit
,
oportet
eum
jurare
super
sacrosancta
Evangelia
.
Rex
quidem
non
respiciens
ad
verba
haec
,
juravit
,
quod
ipse
haberet
de
eo
ju●titiam
&
judicium
▪
Et
Barones
Curiae
Regis
judicaverunt
eum
esse
in
misericordia
Regis
.
Et
quamvis
Archiepiscopus
niteretur
judicium
illud
falsificare
,
tamen
prece
&
consilio
BARONUM
posuit
se
in
misericordia
Regis
de
quingentis
libris
,
et
invenit
ei
inde
fidejussores
.
Et
sic
a
Curia
recedens
,
ad
hospitium
suum
ivit
,
&
propter
[
*
](A56189-e50680-b)
*
al.
●ram
et
indignationē
.
quam
,
taedium
&
dolorem
quam
in
animo
conceperat
decidit
in
lectum
,
&
in
gravem
aegritudinem
.
Quod
cum
Regi
constaret
,
ut
eum
magis
affligeret
,
statim
misit
ad
eum
,
et
summonuit
eum
per
bonos
summonitores
,
quod
in
crastino
venisset
,
paratus
reddere
illi
rationem
villicationis
sua
,
quem
habuit
in
regno
suo
ante
consecrationem
suam
.
Archiepiscopus
autem
sciens
,
quod
grave
ei
immineret
exterminium
,
si
in
Curiam
venire
properasset
,
modis
omnibus
dilationem
quaesivit
:
tum
quia
tempus
sommonitionis
brevissimum
erat
,
tum
quia
ipse
graviter
infirmabatur
.
Cumque
Rex
vidisset
quod
Archiepiscopus
non
veniret
ad
diem
illum
,
misit
ad
eum
Robertum
Comitem
Leicestriae
,
&
Reginaldum
Comitem
Cornubiae
,
ad
videndum
aegritudinem
illius
.
Qui
cum
venissent
,
invenit
eum
in
lecto
jacentem
infirmum
;
et
ad
petitionem
illius
dederunt
e●
respectum
veniendi
ad
Curiam
usque
mane
.
Eodem
die
dictum
erat
ei
,
et
nunciatum
a
familiaribus
regis
,
quod
si
ipse
ad
Curiam
Regis
venisset
,
vel
in
carcerem
mi●teretur
,
vel
interficeretur
.
Super
his
igit
ur
Archipraesul
habito
cum
suis
familiaribus
consilio
,
per
consilium
cujusdam
Sapientis
,
in
crastino
antequam
ipse
ad
curiam
pergeret
,
cum
summa
de●otione
celebravit
Missam
de
S.
Stephano
protomartyre
;
cujus
officium
tale
est
,
Etenim
sederunt
Principes
,
&
adversum
me
loquebantur
,
&c.
causam
suam
Judici
,
qui
Deus
est
,
commendavit
.
Tamen
pro
celebratione
Missae
illius
graviter
accusatus
fuit
postmodum
à
Gileberto
Londonensi
Episcopo
,
quod
Missam
il●am
celebraverat
per
artem
magicam
,
&
in
contemptu
Regis
.
Itaque
post
celebrationem
Missae
Archiepiscopus
imposuit
collo
suo
stolam
,
deinde
induit
cappam
nigram
canonicalem
,
et
profectus
est
statim
ad
Curiam
Regis
.
Et
statim
factus
est
undique
magnus
concursus
populi
,
ut
viderent
finem
.
Ipse
autem
portebat
crucem
suam
in
manu
sua
dextra
,
cum
sinistra
veto
tenebat
loram
equi
,
in
quo
sedebat
:
et
cum
venisset
ad
aulam
Regis
,
descendit
,
&
ipse
crucem
suam
bajulans
,
intravit
domum
Regis
.
Deinde
intravit
exteriorem
cameram
solus
portans
crucem
suam
:
nullus
enim
suorum
sequebatur
eum
:
&
cum
intrasset
,
invenit
plebem
multam
in
ea
,
seditque
inter
illos
.
Tunc
venit
ex
parte
Regis
ad
Archiepiscopum
Gilbertus
Londinensis
Episcopus
,
qui
multum
increpavit
eum
,
quod
sic
cruce
armatus
venit
in
Curia
:
&
voluit
crucem
e
manibus
suis
eripere
,
sed
Archiepiscopus
fortius
eam
tenuit
.
Henricus
igitur
Wintoniensis
Episcopus
dixit
Londinensi
Episcopo
,
frater
,
demitte
Archiepiscopum
crucem
suam
tenere
,
ipse
enim
debet
illam
bene
portare
.
Tunc
Londoniensis
Episcopus
multum
iratus
adversus
Wintoniensem
Episcopum
,
dixit
ei
▪
m●le
locutus
es
,
frater
,
et
malum
inde
tibi
contiget
,
quia
contra
Regem
locutus
es
.
Deinde
venit
ad
eum
Rogerus
Archiepiscopus
Eboracensis
,
&c.
qui
plurimum
increpabat
eum
,
quod
sic
armatus
Cruce
ad
Curiam
veniret
:
dicens
,
quod
Rex
gladium
habebat
acutiorem
;
&
ideo
si
consilio
suo
acquiesceret
,
tolleret
crucem
suam
.
At
quidam
de
circumstantibus
sic
ait
:
Crede
mihi
,
si
credis
ei
,
tu
decipieris
.
Fistula
dulce
canit
volucres
dum
decipit
auceps
.
Impia
sub
dulci
melle
venena
latent
.
Archiepiscopus
autem
Cantuariensis
crucem
suam
deponere
noluit
,
sed
dicebat
.
Si
gladius
Regis
carnaliter
corpora
caedit
,
gladius
meus
spiritualiter
percurit
,
&
animam
mittit
in
gehennam
.
Et
dum
ipse
sederet
expectans
,
dixerunt
quidam
secreto
,
quod
mors
ejus
jurata
erat
à
regalibus
;
&
ex
illa
hora
quaesivit
occasionem
recedendi
a
Curia
:
Et
ut
commodius
recedere
possit
,
appellavit
ad
sententiam
summi
Pontificis
;
et
causam
Ecclesiae
&
suam
posuit
sub
protectione
Dei
,
et
Domini
Papae
;
&
praecepit
universis
Episcopis
appellationem
suam
inviolabiliter
servare
.
Tunc
omnes
Episcopi
laudaverunt
ei
,
ut
ipse
satisfaciens
voluntati
Regis
,
redderet
ei
Archiepiscopatum
suum
in
misericordia
illius
;
sed
Archiepiscopus
noluit
iis
inde
credere
.
Tunc
mandavit
ei
Rex
per
milites
suos
,
ut
sine
dilatione
veniret
et
redderet
ei
plenariam
computationem
de
omnibus
receptis
,
quae
receperat
de
redditibus
Regni
,
quamdiu
Cancellarius
ejus
fuit
.
Et
nominatim
de
triginta
millibus
librarum
argenti
.
Quibus
Archtepiscopus
respondit
:
Dominus
meus
Rex
scit
,
quod
ego
saepius
ei
reddidi
computationem
de
omnibus
hiis
,
quae
ipse
modo
à
me
petit
;
antequam
electus
fuissem
ad
Archiepiscopatum
Cantuariensem
.
Sed
in
electione
mea
,
Henricus
filius
ejus
,
cui
Regnum
adjuratum
fuit
,
et
omnes
Barones
Scaccarii
,
&
Richardus
de
Lucy
Justitiarius
Angliae
,
clamaverunt
me
quietum
Deo
,
&
sanctae
Ecclesiae
de
omnibus
receptis
&
computationibus
,
&
ab
omni
exactione
seculari
ex
parte
Domini
Regis
:
&
sic
liber
et
absolutus
electus
fui
ad
hujus
officii
administrationem
;
&
ideo
amplius
nolo
inde
placitare
.
Quod
cum
Regi
constaret
,
dixit
Baronibus
suis
,
cito
facite
mihi
judicium
de
illo
,
qui
homo
meus
ligiu●
est
,
&
stare
juri
in
Curia
mea
recusat
.
Et
exeuntes
,
judicaverunt
eum
capi
dignum
et
in
carcerem
mitti
.
Tunc
misit
Rex
Reginaldum
Comitem
Cornubiae
,
et
Robertum
Comitem
Leicestriae
ad
judic●ndum
ei
Iudicium
de
illo
factum
:
Qui
dixerunt
ei
,
Audi
Iudicium
tuum
.
Quibus
Archiepi●copus
respondit
;
prohibeo
vobis
ex
parte
omnipotentis
Dei
,
&
sub
anathemate
,
ne
faciat●s
hodie
de
me
judicium
,
quia
appellavi
ad
praesentiam
Domini
Papae
.
Dum
autem
praedicti
Comites
redirent
ad
Regem
cum
responso
illo
,
Archiepiscopus
exivit●e
thalamo
,
et
progrediens
per
medium
illorum
veni●
ad
palefridum
suum
,
&
ascendi●
,
et
exivit
ab
aula
,
omnibus
clamantibus
post
eum
&
dicentibus
,
Quo
progrederis
proditor
?
expecta
et
audi
judicium
tuum
.
Cum
au●em
veniret
ad
portas
in●e●i●eas
c●au●as
,
&
timuit
sibi
valde
ne
ab
inimicis
suis
caperetur
:
sed
Deus
omnipotens
eum
liberavit
.
After
which
he
privily
departed
out
of
England
.
[
(d)
](A56189-e51180-b)
(d)
Stephanides
de
Vita
&
Passione
Tho:
Cant.
Mr.
Seldens
Titles
of
Honor
,
part
2.
c.
5.
p.
705
,
706.
The
2d
.
is
William
Fitz.
Stephen
,
a
Monk
of
Canterbury
who
attended
Becket
in
his
troubles
.
Hee
after
a
large
relation
of
the
charge
of
John
the
Kings
Marshal
against
him
for
injustice
,
mentioned
by
Hoveden
,
relates
the
difference
then
happening
between
the
Ecclesiastical
and
Temporal
Barons
in
giving
judgement
against
him
,
and
the
judgement
it self
,
and
proceedings
therein
in
these
words
.
Secunda
die
consulentibus
Episcopis
,
Comitibus
et
Baronibus
Angliae
omnibus
;
Nec
Roffensis
Episcopus
,
[
*
](A56189-e51270-b)
*
Chronicon
Gervasiii
col.
1394.
Will
.
N●raic
.
cum
plurib●s
a●is
non
●um
venerat
:
Archiepiscopu
laesae
Majestatis
Coronae
Reglae
arguitur
,
quia
scilicet
ut
supra
narratum
e●
,
a
Rege
ci●atus
pro
causa
Johannis
(
the
Marshal
)
neque
venerat
,
neque
idonie
se
excusasse●
,
Archiepiscopi
depulsio
nullum
locum
habuit
:
allegata
tamen
Johannis
supradicti
injuria
,
et
jurisdictione
hujus
causae
propria
&
Curiae
suae
integritate
,
REX
EXIGIT
JUDICIUM
.
Archiepiscopi
ratio
nulla
est
approbara
.
VISUM
EST
OMNIBVS
ex
reverentia
Regiae
Majestatis
,
et
ex
astrictione
ligii
homagii
quod
Domino
Regi
fecerat
Archiepiscopus
,
&
ex
fidelitate
e●
observantia
●ene●i
ejus
honoris
quam
ei
juraverat
,
quod
pa●um
esset
defensus
vel
excusatus
,
quia
citatus
a
Rege
,
neque
venerat
,
neque
corporis
infirmitatem
,
vel
necessariam
quae
differri
non
possit
officii
,
ecclesiastici
administrationem
per
nuncios
allegaverat
:
Condemnandumque
eum
dixerunt
in
paenam
pecuniariam
omnium
bonorum
suorum
mobilium
ad
misericordiam
Regis
,
De
proferendo
Iuducio
●itan●ia
fuit
in●e●
Episcopos
et
Barones
,
utr●sque
a●teris
illud
imponen●ibus
,
u●r●que
se
excusantibus
:
Aiunt
BARONES
;
vos
EPISCOPI
pronunciare
debe●is
sententiam
,
ad
nos
non
pertinet
.
Nos
Laici
sumus
;
vos
personae
ecclesiasticae
,
sicut
ille
;
consacerdotes
ejus
,
Coepiscopi
ejus
.
Ad
haec
aliquis
Episcoporum
:
Imo
vestri
potius
est
hoc
officii
,
non
nostri
;
Non
enim
est
hoc
judicium
Ecclesiasticum
,
sed
Seculare
.
Non
sudemus
hic
EPISCOPI
,
sed
BARONES
.
Nos
BARONES
&
vos
BARONES
:
PARES
hic
sumus
.
Ordinis
autem
nostri
ratione
frustra
inni
imini
.
Quia
si
in
nobis
ordinationem
attenditis
,
&
in
ipso
simi●itet
attendere
debetis
.
Eo
autem
ipso
,
quod
Episcopi
sumu●
,
non
possumus
Archiepiscopum
&
Dominum
nostrum
judicare
.
Sed
quid
?
Rex
,
haec
audita
de
pronunciando
controversis
,
motus
est
.
Et
controversia
super
hoc
desicum
est
.
Dominus
Wintoniensis
(
then
Henry
de
Bloys
)
impositus
dicere
,
tandem
et
invitus
PRONUNCIAVIT
.
Archiepiscopus
autem
,
quia
sententiae
vel
recordationi
Curiae
Regis
Angliae
non
licet
contradicere
,
sustinuit
;
consilio
Episcoporum
,
ad
acta
,
ad
mitigandum
et
honorandum
Regem
,
solenni
&
manuum
ipsius
missione
,
quasi
concessionis
judicii
,
ut
moris
est
ibi
:
et
omnibus
Episcopis
datis
vadibus
praeter
Gilbertum
illum
Londinensem
,
qui
rogatus
pro
eo
sponder
noluit
▪
quae
ejus
singularitas
notam
fecit
.
The
3d.
is
[
(e)
](A56189-e51400-b)
(e)
Chroniea
Gervasii
,
col.
1389.
to
1394.
Gervasius
Dorob●rnensis
,
who
thus
records
the
proceedings
in
this
Council
against
Becket
:
Timens
autem
Rex
,
ne
impune
manus
ejus
Cantuariensis
Achiepiscopus
evaderet
,
jam
edoctus
mulriplici
cogitatatione
et
pravorum
eruditione
quibus
eum
pravitatis
laqueis
innodaret
;
praecepit
PRAESULES
ET
PROCERES
REGNI
apud
Northamptoniam
,
una
cum
ipso
Archiepiscopo
,
CONVENIRE
.
Qui
cum
die
tertia
ante
●estum
Sancti
Calixi
Papae
conveni●ent
,
Archiepiscopus
in
multis
accusatus
est
.
Primo
,
quod
cuidam
Johanni
coram
ipso
litiganti
plenam
justitiam
non
exhibuit
,
&
super
hoc
ad
Regis
praesentiam
vocatus
,
venire
contempsit
.
Respondens
Archiepiscopus
;
praefato
JoJohanni
dixit
condignam
non
defuisse
justitiam
,
&
Johannem
non
legaliter
curiam
suam
infamasse
,
qui
non
super
Evangelium
,
ut
moris
est
;
sed
super
veterum
cantuum
codicellum
quem
secum
tulerat
,
voluerit
pejerare
.
Quod
autem
super
hoc
citatus
ad
Regis
non
venit
praesentiam
,
non
contemptus
fuit
,
sed
infirmitate
valida
invitus
retentus
est
.
His
rationibus
Archiepiscopus
excusari
non
poruit
,
sed
Curiali
Iudicio
et
Episcoporum
consensu
condempnatus
est
,
ita
ut
omnia
mobilia
ejus
in
misericordia
Regis
ponerentut
.
Quo
facto
;
repetit
ab
eo
Rex
quingentas
libras
quas
ei
dum
esset
Cancellarius
dicebat
commodasse
;
Cumque
allegaret
Archepiscopus
e
contra
et
diceret
;
praefatam
non
commodatam
sed
de
plano
datam
esse
pecuniam
:
nihilominus
de
suis
fide
jussores
idoneos
coactus
est
exhibere
.
Et
haec
opera
secundae
diei
.
Tertia
vero
die
appetitur
absque
misericordia
,
jubeturque
de
fiscalibus
et
Episcopatibus
&
Abbatiis
vacantibus
ratiocinia
reddere
,
quas
in
custodia
sua
habuerat
tempore
Cancellariae
.
Respondit
;
se
super
his
non
teneri
,
eo
quod
die
electionis
suae
hujusmodi
non
fuit
quaestione
pulsatus
,
&
quod
ecclesia
Cantuariensis
eum
susciperet
ab
omnibus
his
liberum
et
absolutum
.
Attamen
super
his
prudentiores
se
velle
consulere
dicebat
,
&
de
consulto
respondere
.
Convocatis
igitur
Episcopis
,
quaesivit
Archiepiscopus
;
quid
Domino
Regi
super
hujusmodi
quaestione
esset
respondendum
?
Whose
several
advices
,
and
Speeches
are
there
recorded
at
large
,
which
I
pretermit
.
His
ita
gestis
sederunt
aliquandiu
sub
silentio
,
nec
erat
qui
amplius
his
aliquid
adderet
,
etiam
ante
quaesita
ut
pateret
eis
exitus
,
inclusi
enim
erant
.
Volo
,
inquit
Dominus
Cantuariensis
,
loqui
cum
duobus
Comitibus
qui
cum
Rege
sunt
,
Roberto
scilicet
Legecestrensi
,
&
Reginaldo
Cornubensi
.
Quibus
,
i●ico
,
apertis
o●tiis
,
a●tantibus
dixit
Cantuariensis
.
Super
his
de
quibus
nos
Dominus
Rex
convenit
contulimus
;
et
quia
non
habemus
ad
praesens
eos
quibus
res
ipsa
migis
innotuit
,
ideo
usque
in
crastinum
petimus
inducias
tunc
responsuri
sicut
Deus
nobis
inspiraveri●
.
Datis
igitur
u●cunque
peti●is
induciis
ea
die
discesserunt
ab
invicem
.
Crastina
autem
die
,
scilicet
Dominica
,
usque
in
secundam
feriam
dilatum
est
negotium
.
Archiepiscopus
autem
ea
nocte
iliaca
passione
dirissime
vexatus
lecto
decubuit
anxiatus
:
Mane
autem
facto
ad
Curiam
accersitur
,
&
in
absentem
saevitur
.
Verum
quia
putabant
aulici
quod
aegritudinem
singeret
,
missi
sunt
ad
eum
Comites
duo
,
quos
supra
nominavimus
:
qui
licet
viderunt
eum
excusabilem
,
mandatum
tamen
Curiae
aegrotanti
retulerunt
.
Ipse
autem
usque
mane
sequentis
diei
petens
inducias
,
fatetur
se
venturum
in
Curiam
etiamsi
lectica
esset
deferendus
.
Renuntiantibus
illis
in
palatio
quae
audierant
et
viderant
,
secreto
intimatum
est
Archiepiscopo
,
quod
si
in
Curiam
veniret
,
vel
trucidaretur
,
vel
in
carcerem
truderetur
.
Crastino
summo
m●ne
venerunt
ad
eum
Episcopi
plures
,
suadentes
ei
,
ut
pacem
Ecclesiae
et
evitandum
tanti
periculi
scandalum
,
rigorem
animi
mitigaret
,
et
Regis
penitus
se
committeret
arbitrio
:
adjicientes
;
&
quod
nisi
fieret
sic
,
jam
audiret
in
Curia
Regis
Perjurii
sibi
crimen
imponi
,
&
tanquam
Proditorem
JUDICANDUM
;
eo
quod
terreno
Domino
terrenum
honorem
non
servaret
,
cum
a
vitas
regni
consuetudines
,
observaturum
firmasset
.
Ad
quas
specialiter
observandas
,
jusjurandi
nova
se
et
alios
astrixerat
religione
.
At
ille
inquit
;
Fateor
fratres
inexcusabilis
sum
ante
Deum
contra
Deum
praestans
juramentum
:
Sed
quia
melius
est
ad
animum
redire
quam
perire
,
legem
legi
Dei
repugnantem
non
admitto
.
Davit
male
juravit
,
sed
poenituit
:
Herodes
juramento
suo
stetit
,
&
perlit
.
Ideo
vobis
praecipio
,
ut
respuatis
quae
respuo
,
suffocantes
ea
quae
sanctam
suffocant
ecclesiam
.
Detestabile
quidem
est
quod
vos
non
solum
me
solum
deseruistis
in
certamine
,
sed
et
me
qualemcunque
Patrem
vestrum
sam
per
duos
dies
cum
Aulicis
judicastis
,
qui
simul
mecum
stare
deberetis
.
Quod
ne
fiat
de
caetero
,
vobis
in
virtute
obedientiae
prohibeo
,
unde
&
matrem
nostram
Romanam
Ecclesiam
appello
.
Quod
si
ut
rumor
est
in
me
violenta
manus
injecta
fuerit
,
vobis
itidem
in
virtute
obedientiae
praecipio
,
quatenus
districta
excommunicationis
sententia
ecclesiasticas
injurias
vindicetis
.
Quod
audiens
Gilebertus
Londoniensis
Episcopus
,
appellavit
.
Discesserunt
igitur
Episcopi
ad
Curiam
properantes
.
Archiepiscopus
autem
in
Ecclesiam
ingressus
,
sacris
indutis
vestibus
&
pallio
redimitus
,
devotissime
de
Sancto
Stephano
missam
celebravit
,
officium
inchoans
:
Etenim
sed●runt
,
&c.
non
ut
alii
dixerunt
tanquam
pro
persona
sua
Officium
inchoare●
,
sed
quia
idem
altare
beato
Stephano
esset
dedicatum
jussit
Archiepiscopus
missam
de
martyre
celebrari
.
Igitur
expleto
ministerio
amotoque
ab
humeris
cum
infula
pallio
,
caeteris
indutus
sacris
vestibus
cappa
Clericali
super
injecta
,
Curiam
introivit
,
In●raturus
autem
cameram
qua
Rex
&
anlici
ipsius
praestolabantur
adventum
,
de
mann
Clerici
,
Alexandri
nomine
,
crucem
accepit
,
eamque
manu
propria
portavit
.
Unde
admirantes
Episcopi
qui
eum
praevenerant
,
assurgentes
ei
de
manu
ipsius
quasi
pro
reverentia
crucem
accipere
voluerunt
,
ne
iram
regis
crucem
bajulando
magis
accendere
videretur
.
Herefordensis
sibi
eam
tradi
petivit
.
Londoniensis
vero
eam
concupivit
,
dicens
eum
non
debere
contra
regem
dominum
suum
armatum
incedere
:
Si
viderit
,
inquiens
,
Rex
te
armatum
intrare
,
gladium
suum
in
caput
tuum
exeret
fortiorem
&
tunc
videbis
quid
tibi
proderunt
arma
tua
.
Haec
ait
Cantuariensis
,
Deo
committimus
.
Et
Londoniensis
:
Stultus
hactenus
,
inquit
,
fuisti
,
&
ab
hac
stultitia
ut
video
non
recedis
,
hodie
in
te
tua
fatuitas
apparebit
.
Audiens
autem
Rex
quod
sic
Cantuariensis
Archiepiscopus
armatus
incederet
,
secessit
citius
in
cameram
ulteriorem
,
sedente
hac
seorsum
Cantuariensi
solo
fere
,
cum
suis
admodum
paucis
,
Episcopis
loco
&
animo
sedentibus
ex
adverso
.
Rex
autem
multo
stipatus
agmine
cogitabat
Archiepiscopum
de
clericis
male
tractandis
primo
appetere
.
Sed
ne
Episcopi
qui
jam
solum
reliquerant
,
pro
Clericis
pugnaturi
ad
eum
redirent
,
fiere●que
ex
consensu
in
regem
conflictus
acrior
,
ex
consulto
aulicorum
,
Rex
ad
alias
calumpnias
se
convertit
.
VOCATIS
igitur
EPISCOPIS
&
PROCERIBUS
,
gravem
et
●grandem
Rex
deponit
querimoniam
,
quod
Archiepiscopus
sic
armatus
in
Curiam
veniens
,
ipsum
et
suos
omnes
inaudita
a
seculis
forma
NAEVO
NOTAVERIT
PRODITORIS
.
Cum
autem
Rex
inde
supra
modum
excandesceret
,
et
universi
fere
ipsius
animum
stimularent
,
abierunt
retrorsum
etiam
ipsius
Archiepiscopi
adversarii
,
acsi
jam
in
caput
ejus
vibratum
viderent
gladium
.
Unde
&
in
ar●o
Pontifices
positi
,
volvunt
&
revolvunt
quid
agendum
,
qualiter
haec
sit
necessitas
evitanda
.
Et
tandem
ex
communi
consilio
,
Nos
,
inquiun●
,
eum
appellabimus
coram
Papa
,
de
facili
convincetur
,
SINE
REMEDIO
DEPONETUR
.
Quae
cum
plurimum
placerent
Regi
,
exierunt
omnes
Episcopi
ad
Cantuariensem
;
quorum
unus
caeteris
eloquen●ior
&
arrogantior
,
Hilarius
scilicet
Cicestrensis
Episcopus
,
prorumpens
in
vocem
.
Quandoque
,
air
,
noster
fuisti
Archiepiscopus
,
et
tenebamur
tibi
obedire
;
sed
quia
Domino
regi
fidelitatem
jurasti
,
hoc
est
vitam
,
membra
&
terrenam
dignitatem
sibi
per
te
salvam
fore
,
et
consuetudines
quas
ipse
repetit
conservandas
,
&
tu
niteris
eas
destruere
,
cum
praecipue
spectent
ad
terrenam
sui
dignitatem
&
honorem
,
ICCIRCO
TE
REUM
PERJURII
DICIMUS
,
&
perjuro
Archiepisco
de
caetero
obedire
non
habemus
.
Nos
itaque
&
nostra
sub
Domini
Papae
protectione
ponentes
,
te
ad
ipsius
praesentiam
appellamus
super
his
responsurum
.
Audio
,
inquit
Cantuariensis
,
quae
dicitis
.
Substraxerunt
se
itaque
Episcopi
ex
adverso
sedentes
diutius
in
summo
silentio
.
Rex
autem
interius
cum
Principibus
sedens
pro
tribunali
,
Euntes
ait
,
DISCERNITE
QUID
PERJURUS
&
CONTUMAX
PRODITOR
DEBEAT
SUSTINERE
.
Itur
,
JUDICATUR
.
Et
a
quo
vel
qualiter
pronunciandum
esset
JUDICIUM
informatur
.
Processerunt
tandem
a
Rege
Comites
&
Barones
cum
turba
multa
,
quorum
primi
&
praecipui
erant
,
Robertus
Leicestriae
,
&
Reginaldus
Comes
Cornubiae
.
Qui
cum
Archiepiscopo
quasi
improperantes
retulissent
,
quae
et
quanta
ei
bona
Dominus
Rex
contuli●set
,
tandem
Comes
Leicestriae
qui
erat
dux
verbi
,
caepit
sub●iliter
inflectere
sermones
,
quasi
ad
judicium
Curiae
in
Archiepiscopum
proferendum
.
Prae●entiens
hoc
Archiepiscopus
,
mox
non
expecta●o
judicio
surgit
,
protestans
,
non
esse
eorum
Archiprae●ulem
suum
judicare
de
crimine
.
Non
est
,
inquit
,
in
eum
ferenda
sententia
qui
judicem
superiorem
appellavit
,
etiam
si
Laico
liceret
Episcopum
judicare
.
Unde
tibi
Comes
Leicestriae
,
potestate
mihi
a
Deo
collata
ut
filio
Ecclesiae
praecipio
ne
in
patrem
tuum
spiritualem
judicium
proferre
praesumas
Verum
mox
improperatum
et
inclamatum
a
nonnullis
est
,
quod
tanquam
Perjurus
et
Proditor
a
Curia
discederet
.
Ipse
vero
sic
se
vertens
,
et
austero
vultu
respiciens
r●spondit
;
quod
nisi
ordo
sacerdotalis
obstaret
,
et
si
sibi
fas
esset
,
in
armis
bellicis
a
Perjurio
&
Proditione
se
contra
ipsos
defenderet
.
His
dictis
a
Curia
discessit
,
et
per
aulam
transiens
probris
multis
a
Curialibus
affectus
est
.
Cum
autem
januam
clausam
repperisser
,
et
j●nitor
puero
●erberando
intendisset
,
accurrens
quispiam
clavem
repperit
,
januam
apperuit
,
patrem
demisit
,
&
sic
pater
patriae
manus
impiorum
evasit
,
&c.
King
[
(g)
](A56189-e51910-b)
(g)
Gul.
Nub●igensis
Rerum
Angl.
l.
4.
c.
14
,
17
,
18.
Hoveden
,
annal.
pars
posterior
,
p.
663.680
.
to
735.
Mat.
Paris
,
p.
151.
to
161.
Holinshed
,
p.
129.
to
133.
Speed
,
p.
531.
&c.
Godwins
Catal.
of
Bishops
,
p.
247.
to
261.
Fox
Acts
and
Monuments
,
p.
214.223
,
224.
Mat.
Westm.
anno
1191.
Richard
the
1.
Anno
1189.
going
to
the
holy
Warrs
,
made
William
Longchamp
Bishop
of
Ely
,
not
only
his
Chancellor
and
Chief
Justice
,
but
the
chief
Protector
and
Guardian
of
the
whole
Realm
;
who
having
obtained
a
Legatine
Power
also
from
the
Pope
,
and
getting
the
Militia
,
with
most
of
the
Kings
Castles
into
his
hand
,
proved
a
most
unsufferable
Tyrant
to
the
Nobility
,
Gentry
,
Laity
and
Clergy
,
so
oppressing
,
domineering
over
their
persons
,
Liberties
▪
Estates
,
imprisoning
,
taxing
,
disseising
,
spoyling
them
of
their
Offices
,
Castles
,
Lands
,
Privileges
,
Estates
at
his
pleasure
,
and
over-awing
them
with
Troops
of
Horse
,
Garrisons
&
New
Governors
set
over
and
quartered
in
every
County
,
and
with
his
great
Guards
of
armed
horse
which
he
constantly
kept
about
his
person
,
that
Earl
John
the
Kings
brother
,
the
Nobility
,
Prelates
and
People
,
being
no
longer
able
to
indure
his
exorbitant
insolency
,
intollerable
Pride
,
Oppressions
,
Rapines
,
Exactions
,
and
transcendent
Tyranny
,
raised
great
forces
against
him
,
to
regulate
his
Excesses
,
and
bring
him
to
Justice
.
Whereupon
he
being
somewhat
terrified
in
the
2.
year
of
King
Richard
the
1.
Anno
1191.
Earl
John
,
and
the
Bishops
,
with
the
Prelates
,
Earls
,
and
Nobles
of
the
Realm
,
assembled
in
a
kind
of
Parliamentary
Council
,
came
to
an
agreement
touching
the
future
settlement
,
reformation
,
Peace
and
Government
of
the
Realm
,
and
preventing
all
future
tyranny
and
oppression
;
which
was
drawn
up
in
writing
,
published
,
subscribed
and
sworn
,
to
be
inviolably
observed
both
by
the
Earl
John
and
Chancellor
,
and
by
14.
other
Earls
and
Barons
on
either
side
.
One
of
the
Articles
of
this
Agreement
(
recorded
at
large
by
[
(h)
](A56189-e52110-b)
(h)
Annal.
pars
posterior
,
p.
700
,
701
,
702.
Roger
de
Hoveden
)
was
this
:
Concessum
est
,
quod
Episcopi
&
Abbates
,
Comites
&
Barones
,
Vavasores
et
liberi
tenentes
,
non
ad
voluntatem
Justiciarium
vel
Ministrorum
Domini
Regis
,
de
terris
&
catallis
suis
disseisientur
,
sed
judicio
Curiae
domini
Regis
,
secundum
legitimas
consuetudines
et
Assisas
Regni
tractabuntur
,
vel
per
mandatum
domini
Regis
:
(
agreeable
to
Magna
Charta
,
c.
29.
)
No
sooner
had
the
Chancellor
taken
his
Oath
,
but
his
forein
forces
he
had
privily
sent
for
ariving
in
England
,
he
presently
violated
it
,
and
played
the
Tyrant
worse
than
before
,
commanding
the
Kings
own
Brother
Geoffry
,
Archbishop
of
York
,
to
be
apprehended
at
Dover
in
the
very
Church
,
dragged
out
violently
in
his
Archiepiscopal
robes
from
the
Altar
,
and
then
thorough
the
dirty
streets
in
the
sight
of
all
the
people
,
who
cried
out
after
the
Chancellors
servants
,
who
thus
abused
him
.
[
(i)
](A56189-e52200-b)
(i)
Hoveden
Ibid.
Mat.
Paris
Hist.
Angl.
p.
160
,
161.
O
ignavi
!
quare
ita
ducitis
illum
,
quid
mali
fecit
?
Archiepiscopus
est
,
&
Regis
filius
,
Regisque
frater
:
But
they
taking
no
notice
of
their
clamors
,
carryed
him
to
Dover
Castle
▪
and
there
kept
him
Prisoner
,
till
he
was
thence
released
by
Earl
Johns
command
.
The
Archbishop
coming
to
London
complained
to
Earl
John
,
the
Bishops
,
and
other
Nobles
of
the
injury
done
to
him
by
the
Chancellor
:
ut
Cancellurius
juri
staret
in
CURIA
REGIS
super
injuria
illa
,
quam
Archiepiscopo
Eboracensi
fe●erat
,
et
Hugoni
Dunelmensi
Episcopo
.
Quod
cum
ipse
Cancellarius
facere
de
die
in
diem
distulit
,
Eodem
tempore
ad
instantium
Comitis
Johannis
,
Convenerunt
apud
pontem
de
Loedone
inter
Radingum
&
Wyndleshores
,
die
Sabbathi
p●oxime
post
festum
Sancti
Michaelis
ad
Colloquium
MAGNATES
ANGLIAE
,
de
arduis
&
magnis
Regis
&
regni
negotiis
tractaturi
.
The
next
day
the
Archbishop
and
Bishops
who
all
came
to
this
Parliamentary
Assembly
)
meeting
at
Reading
,
excommunicated
all
those
who
were
aiding
and
assenting
to
the
imprisonment
of
the
Archbishop
:
After
which
,
Comes
Johannis
,
&
Archiepiscopus
Rothomagensis
,
&
Episcopi
&
Principes
Regni
,
statueru●t
illi
diem
peremptorium
apud
Ridinges
.
Ad
diem
autem
illum
venerunt
illuc
COMES
Moretonii
,
&
fere
omnes
Episcopi
&
Comites
&
Barones
Regni
;
Et
post
diem
peremptorium
moram
fecerunt
ibi
expectantes
adventum
Cancellarii
:
sed
ipse
venire
noluit
,
nec
nuntium
mittere
.
Deinde
Comes
Johannes
et
Episcopi
,
&
Barones
qui
cum
eo
erant
paraverunt
se
Londoni●s
ire
,
ut
ibi
in
Major●
audientia
Londinensium
fruerentur
consilie
,
quid
eis
faciendum
esset
de
Cancellario
,
qui
sic
conturbaverat
regnum
&
juri
stare
noluit
.
The
Chancellor
hereupon
flying
from
Windeshores
into
the
Tower
of
London
for
shelter
:
Comes
Johannes
,
&
fere
omnes
Episcopi
,
&
Comites
&
BARONES
Angliae
,
eadem
die
(
scil.
3.
die
post
octavas
Sancti
Michaelis
)
intraverunt
Londonias
:
Et
in
crastino
praedistus
Johannis
frater
Regis
,
&
Archiepiscopus
Rothomagensis
,
&
omnes
Episcopi
&
Comites
&
Barones
(
&
cives
Londinenses
cum
illis
)
convenerunt
in
atrio
Ecclesiae
Sancti
Pauli
:
(
where
sitting
together
as
in
a
Great
Parliamentary
Council
and
Court
)
post
longos
tractatus
Ricardo
regi
fidelitatem
juraverunt
.
Imprimis
Comos
Johannis
,
deinde
duo
Archiepiscopi
,
et
omnes
Episcopi
,
&
quotquot
convenerunt
Comites
&
Barones
.
Deinde
die
Jovis
proximo
habitum
est
Colloquium
in
Orientali
parte
turris
Londinensis
,
praesentibus
MAGNATIBUS
praedictis
.
Accusabant
praedictum
Cancellarium
in
multis
,
&
praecipue
in
injuriis
quas
fecit
Domino
Eboracensi
Archiepiscopo
,
&
Domino
Dunelmensi
Episcopo
.
Socii
autem
praedicti
Cancellarii
,
quos
Rex
associaver
at
illi
in
regimine
regni
,
accus●bant
eum
in
multis
:
dicentes
,
quod
ipse
spretis
illorum
consiliis
omnia
negotia
regni
cum
impetu
,
&
voluntaria
dispositione
faciebat
.
Archiepiscopus
vero
Rothomagensis
,
&
Willielmus
Marescallus
Comes
de
Strogoil
,
ostenderunt
coram
populo
literas
Domini
Regis
figillatas
:
per
quas
Dominus
Rex
mandavit
à
Messana
,
quod
ipsi
associarentur
Cancellario
in
regimine
regni
,
ut
et
Cancellarius
sine
illorum
consil●o
&
aliorum
assignatorum
nihil
de
nego●io
regis
,
ac
regni
tractaret
,
et
ut
praedictus
Cancellarius
,
si
ipse
quod●unque
●n
detrimentum
Regni
,
vel
sine
consil●o
praedictorum
fecisset
,
deponeretur
,
et
loco
illius
institueretur
Rothomagensis
Archiepiscopus
.
Placu●
ergo
Johanni
fratri
Regis
&
omnibus
Episcopis
et
Comitibus
,
et
Baronibus
Regni
(
as
Judges
)
&
civibus
Londoniarum
,
(
which
Matthew
Paris
and
others
mention
not
,
but
only
Hoveden
,
and
that
as
auditors
,
spectators
and
approvers
of
their
Sentence
)
quod
Cancellarius
ille
deponeretur
,
et
deposuerunt
eum
,
&
in
loco
ill●us
instituerunt
Rothomagensem
Archiepiscopum
,
qui
nihil
operari
voluit
in
regimine
regni
,
nisi
per
voluntatem
●t
assensum
Sociorum
suorum
assignatorum
,
&
per
Consilium
Baronum
Scaccarii
.
[
(k)
](A56189-e52740-b)
(k)
Hoveden
p.
702
,
703
,
704.
Hugh
de
Nuvant
Bishop
of
Coventry
in
his
Epistle
,
de
Dejectione
Eliensis
Episcopi
Regis
Cancellarii
:
writes
of
him
,
that
by
reason
of
his
intollerable
Tyranny
and
Oppression
:
Per
totam
insulam
a
Laicis
publi●e
proclama●ur
:
Pereat
qui
perdere
cuncta
festinat
:
opprimatur
ne
omnes
opprimat
:
and
then
thus
relates
the
manner
and
grounds
of
his
deprivarion
.
Mane
ergo
habito
Concilio
cum
omnibus
fere
Magnatibus
Regni
,
praesente
Domino
.
Johanne
fratre
Regis
.
&
Rothomagen●i
&
Eboracensi
Archiepiscopis
Episcopis
et
prusentibus
Dunelmensi
,
Londinensi
,
Wintonensi
,
Bathoniensi
,
Ronensi
,
No●wice●si
,
Linco●niensi
,
Herefordensi
,
Menevensi
,
Coventrensi
,
factoque
Consilio
coram
omni
populo
totius
Civit●tis
,
praesen●●ustu●a●is
D●mini
Regis
&
apprebantibus
Consilio
universorum
statuitur
,
[
*
](A56189-e52890-b)
*
Hoveden
,
p.
708.
Deinde
praedicti
Justitiarii
et
omnes
Episcopi
et
Comites
&
Barones
Angliae
in
communi
scripto
mandaverunt
Regi
,
qualiter
Cancellarius
suus
regnum
Angliae
,
&
the
sauros
suos
destruxerat
,
ot
qualiter
ipse
per
Commune
Concilium
regni
ejectus
est
.
To
which
[
(l)
](A56189-e52920-b)
(l)
Rerum●
Anglicarum
l.
4.
c.
18.
Gulielmus
Nub●igensis
subjoyns
.
Tyranno
igitur
qui
regnum
turbaverat
,
propulsato
EPISCOPI
&
OPTIMATES
cum
JOHANNE
Londoniis
congregati
,
de
regni
ordinatione
tractare
caeperunt
.
Et
primo
quidem
ab
omnibus
Regis
Richardi
propter
Christum
pereginantis
[
*
](A56189-e52980-b)
*
Omnes
Magnates
Regni
convenerunt
in
unum
,
&
juraverunt
fidelitatem
&
fidele
servitium
RICHARDO
Regi
Angliae
,
&
haeredi
suo
contra
omnes
homines
,
Roger
de
Hoveden
,
Annal.
pars
posterior
.
page
702
,
718.
fidelitate
jurata
,
regni
administrationem
Rothomagensi
.
Archiepiscopo
DECRETO
COMMUNI
tradiderunt
,
amotisque
Ministris
tyrannicis
,
provinciarum
regimen
melius
ordinari
voluerant
.
Quibus
actis
,
Anglia
in
cunctis
finibus
suis
pacem
recepit
,
&
decenri
sub
novis
caepit
recteribus
moderamine
gubernari
:
malis
plurimis
quae
sub
tyranno
pullulaverant
,
atque
viguerant
,
pariter
cum
ipso
eliminatis
,
A
happy
Publike
change
and
Parliamentary
reformation
worthy
our
imitation
.
In
the
[
(m)
](A56189-e53020-b)
(m)
Roger
de
Hoveden
,
annal.
pars
posterior
,
p.
724
,
734
,
739.
Mat.
Westm.
Mat.
Paris
,
anno
1192
,
&
1193.
year
of
our
Lord
1193.
Earl
John
conspiring
with
the
French
King
to
deprive
king
Richard
his
brother
of
his
Crown
,
kingdom
,
and
Dominions
,
seising
many
of
his
Castles
beyond
the
Seas
,
(
profering
the
Emperour
great
●ums
of
money
not
to
release
him
,
being
then
his
prisoner
,
)
and
endeavouring
to
get
possession
of
the
Realm
of
England
,
Anno
1194.
Venit
in
Angliam
Adam
de
Sincto
Edmundo
clericus
et
familiaris
Comitis
Johannis
,
mi●sus
ab
eo
in
Angliam
cum
literis
ad
castella
sua
munienda
contra
fratrem
suum
.
Who
coming
to
the
lodging
of
Hubert
Archbishop
of
Canterbury
,
and
boasting
much
of
the
prosperity
of
his
Lord
,
and
what
Castles
the
French
King
had
delivered
to
him
as
he
sate
at
dinner
;
to
the
great
of●ence
of
the
Archbishop
and
others
;
thereupon
after
dinner
,
Adam
returning
to
his
lodging
in
London
,
Major
Londoniarum
injecit
manus
in
eum
,
&
tenuit
;
&
cae●it
omnia
brevia
sua
,
in
quibus
mandata
Comitis
Johannis
continebantur
,
&
tradidit
ea
Cantuariensi
Archiepiscopo
.
Qui
in
crastino
convocatis
coram
eo
Episcopis
,
Comitibus
et
Baronibus
Regni
,
ostendit
e●s
●eras
Comi●is
●ohannis
&
earum
●enorem
.
&
statim
per
Commune
Concilium
Regni
definitum
est
,
quod
Comes
Johannes
di●e●●retur
de
omnibus
tenementis
suis
in
Anglia
;
&
ut
Castella
sua
obsiderentur
:
(
for
this
his
Treason
)
&
factum
est
ita
.
Eodem
die
Hubertus
Cantuariensis
Archiepiscopus
,
Hugo
Lincolniensis
,
Richardus
Londoniensis
,
Gilbertus
Roffensis
,
Godefridus
Wintoniensis
,
&
Wigorniensis
&
Herefordensis
Episcopi
,
&
Henricus
Exoniensis
electus
,
&
Abbates
et
Clerici
multi
Cantuariensis
dioeceseos
convenerunt
in
capella
Monachorum
infirmorum
apud
Westmonasterium
,
et
sententiam
anathematis
tulerunt
i●
Comitem
Johannim
,
et
in
omnes
fautores
ejus
et
consiliarios
qui
pacem
et
regnum
Regis
Angliae
turbaverunt
vel
turbarent
,
nisi
relicta
hostilitate
ad
satisfactionem
venirent
.
After
which
they
appointed
what
persons
should
besiege
and
reduce
Earl
Johns
Castles
,
who
vigorously
executed
their
commands
.
King
Richard
soon
after
being
enlarged
returning
into
England
,
summoned
a
Great
Parliamentary
Council
at
Nottingham
,
the
proceedings
whereof
against
Earl
John
and
others
,
are
thus
recorded
by
[
(n)
](A56189-e53370-b)
(n)
Annal.
pars
posterior
.
p.
736
,
737.
Seldens
titles
of
Honor
,
par.
2.
●h.
5.
p.
707.
Roger
de
Hoveden
.
Tricesima
die
mensis
Martu
●eria
quarta
Richardus
Rex
Angliae
celebravit
prim●m
CONCILII
SUI
diem
apud
N●tingham
;
cui
interfuerunt
,
Alienor
regina
mater
ejus
,
et
Hubertus
Cantuariensis
Archiepiscopus
,
qui
in
dextris
Regis
sedebat
in
Concilio
ilio
;
et
Gaufridus
Eboracensis
Archiepiscopus
,
qui
a
sinistris
ejus
sedebat
,
et
Hugo
Dunelmensis
,
et
Hugo
Lincolniensis
,
et
W●llielmus
Eliensis
regis
Cancellarius
,
et
Willielmus
Herefordensis
,
&
Henrious
Wigorniensis
,
et
Henricus
Exoniensis
,
et
Johannes
Candidae
Casae
Episcopi
:
Et
Comes
David
frater
Regis
Seotiae
,
&
Hamelinus
Comes
de
Warenna
,
&
Ranulfus
Comes
Cestriae
,
et
Willielmus
Comes
de
Ferreres
,
&
Willielmus
Comes
de
Salisberia
,
&
Rogerus
Bigot
.
Eodem
die
Rex
disseisivit
Gyrardum
de
Canvilla
de
Castello
,
&
Vicecomitatu
Lincolniensi
,
et
Hugonem
Bardulf
de
Vicecomitatu
Eboracensis
sciriae
,
et
de
Castello
Eboraci
et
de
Scardebur●
,
&
de
custodia
de
Westmerland
(
for
their
disloyalty
towards
him
)
et
omnia
supradicta
disposuit
venditioni
,
&c.
Tricesima
prima
die
mensis
Maii
,
Rex
Angliae
celebravit
secundum
diem
Concilii
●ui
:
in
quo
ipse
petiit
sibi
fieri
judicium
de
Comite
Iohanne
fratre
suo
,
quod
contra
fidelitatem
quam
ei
juravera●
,
Castella
sua
occupaverat
et
tertas
suas
transmarinas
et
cismarinas
dest●uxera●
,
et
foedus
cum
inimico
suo
Rege
Franciae
contra
eum
inierat
:
Similiter
&
de
Hugone
de
Nunant
Coventrensi
Episcopo
SIBI
FIERI
JUDICIUM
postulavit
,
qui
secreti
sui
conscium
eum
reliquerat
,
et
Regi
Franciae
et
Comiti
Johanni
inimicis
suis
adhaeserat
,
omne
malum
in
perniciem
regni
sui
machinans
.
ET
JUDICATUM
EST
,
quod
Comes
Johannes
,
et
Episcopus
Coventrensis
citarentur
,
&
si
intra
quadraginta
dies
non
venerint
,
nec
juri
steterint
,
JUDICAVERUNT
COMITEM
JOHANNEM
DEMERUISSE
REGNUM
,
&
Episcopum
Coventrensem
subjacere
judicio
Episcoporum
,
in
eo
,
quod
ipse
Episcopus
era●
,
et
JVDICIO
LAICORVM
in
eo
,
quod
ipse
Vicecomes
Regis
extiterat
.
Secunda
die
mensis
Aprilis
Sabbato
celebravit
diem
quar●um
,
&
ultimum
Concilii
sui
,
in
quo
omnes
,
tam
Cleri●i
quam
Laici
qui
volebant
sibi
conqueri
de
Archiepisc
:
Eboracensi
,
fecerunt
queremonias
multas
de
rapinis
et
injustis
exactionibus
:
sed
Archiepiscopus
Eboracensis
nullum
eis
dedit
responsum
.
Deinde
per
consilium
et
machina●ionem
Cancellarii
ut
dicitur
)
Girardus
de
Camvilla
fuit
retatus
de
receptatione
praedonum
,
qui
rapuerunt
bona
Mercator●m
euntium
ad
nundinas
de
Stanford
:
et
ab
eo
recesserunt
ad
rapinam
illam
faciendam
,
et
de
rapina
illa
redierunt
ad
eum
.
Praeterea
appellaverunt
eum
DE
LAESIONE
REGIAE
MAJESTATIS
,
in
eo
quod
ipse
ad
vocationem
Ju●titiarium
Regis
,
venire
noluit
,
nec
juri
stare
de
praedicta
receptatione
rap●orum
,
neque
eo●
ad
justitiam
regis
producere
:
Sed
respondit
;
Se
esse
hominem
Comitis
Johannis
,
et
velle
in
curia
sua
juristare
.
Prae●erea
appellaverunt
eum
,
quod
ipse
fuit
●n
viet
adjutorio
cum
Comite
Johanne
et
aliis
inimicis
Regis
ad
Castella
Regis
de
Notingham
et
de
Tikehill
capienda
.
Girardus
vero
de
Camvilla
negavit
omnia
quae
objiciebantur
ei
ab
illis
,
et
illi
dederunt
vadium
de
prosequendo
,
et
Girardus
dedit
vadium
defendendo
se
per
unum
de
liberis
hominibus
suis
.
A
clear
evidence
of
the
form
of
proceedings
in
our
Parliamentary
Councils
in
that
age
against
Traytors
and
other
Offenders
there
impeached
,
accused
in
criminal
causes
,
and
of
the
Lords
antient
undisputable
right
to
give
judgment
therein
,
both
in
case
of
Peers
(
as
Earl
John
,
the
Bishop
of
Chichester
,
and
Archbishop
of
York
then
were
)
and
in
case
of
Commoners
,
Girard
de
Camvil
(
as
I
take
it
)
being
then
no
Peer
or
Baron
of
this
Realm
,
but
only
a
Servant
to
Earl
John
,
though
afterwards
in
[
(o)
](A56189-e53910-b)
(o)
Hoveden
,
p.
811.
King
Johns
reign
I
finde
him
numbred
amongst
the
Barons
,
who
were
Witnesses
to
the
homage
and
Oath
of
Allegiance
made
by
William
King
of
Scots
to
King
John
.
Earl
[
(p)
](A56189-e53970-b)
(p)
Mat.
Paris
p.
169.
John
soon
af●er
coming
to
his
Brother
King
Richard
,
ca●●
himself
down
at
his
feet
,
and
with
many
tears
,
confessing
his
folly
,
ill
counsel
and
practices
against
him
craved
his
pardon
;
whereupon
he
received
him
into
his
favour
,
and
presently
restored
his
lands
which
he
had
seised
into
his
hands
as
forfeited
by
the
Parliaments
sentence
denounced
against
him
for
his
treason
.
The
[
(q)
](A56189-e54020-b)
(q)
Mat.
Paris
Hist.
Angl.
p.
218.
See
Seldens
Titles
of
Honor
,
part.
2.
c.
5.
p.
707.
Pope
in
the
year
1208.
having
interdicted
the
whole
Realm
of
England
,
King
John
thereupon
fearing
that
he
would
likewise
excommunicate
him
and
absolve
his
Nobles
from
their
Allegiance
to
him
;
to
preserve
his
royalties
,
sent
a
Company
of
armed
Soldiers
to
all
the
Potent
Nobles
of
the
Realm
,
and
especially
to
those
he
suspected
,
exacting
[
*
](A56189-e54070-b)
*
See
Claus.
7
H.
3.
m.
8.
The
Barons
of
the
Marches
of
Wales
summoned
to
put
in
their
Sons
for
Hostages
to
the
King
.
Hostages
from
them
,
that
so
if
they
should
afterwards
be
absolved
from
their
allegiance
,
he
might
reduce
them
to
due
obedience
.
Many
submitted
to
the
Kings
commands
,
and
delivered
some
their
Sons
,
others
their
Nephews
,
others
their
Kinsmen
for
hostages
to
the
Messengers
.
Who
at
last
coming
to
William
de
Brause
a
Noble
man
,
and
requiring
pledges
from
him
as
they
had
done
from
others
,
found
a
repulse
.
For
Matilda
his
wife
out
of
a
womanish
procacity
,
taking
the
word
out
of
her
husbands
mouth
,
answered
the
Messengers
:
I
will
not
deliver
my
children
into
the
hands
of
your
Lord
King
John
,
because
he
most
dishonourably
slew
his
Nephew
Arthur
,
whom
he
ought
to
have
honourably
kept
and
preserved
.
Which
her
Husband
hearing
,
rebuked
her
,
saying
;
That
she
had
spoken
like
one
of
the
foolish
women
against
our
Lord
the
King
;
for
if
I
have
offended
him
in
any
thing
,
I
am
and
will
be
ready
to
answer
my
Lord
,
and
that
without
hostages
,
SECUNDUM
JUDICIVM
CVRIAE
SUAE
ET
BARONUM
PARIUM
MEORUM
assignato
die
&
loco
.
The
Barons
in
that
age
being
to
be
judged
and
tried
only
by
their
Peers
,
and
that
in
the
Kings
Court
of
Parliament
,
for
any
offences
against
the
King
;
not
by
the
Commons
or
any
inferiour
persons
.
In
the
year
of
Christ
1233.
[
(r)
](A56189-e54160-b)
(r)
Mat.
Paris
,
p.
370
,
371.372
.
to
384.
Mat.
Westm.
an
.
1233.1234
King
Henry
the
3.
removing
most
of
his
English
great
Officers
and
Councellors
from
his
Court
,
and
placing
Poic●o
●es
and
Aliens
in
their
room
,
by
whole
Counsel
he
was
wholly
sw●yed
&
misguided
(
especially
by
Peter
de
Rivallis
)
qui
homines
Angliae
naturales
,
&
Nobiles
totis
viribus
opprimebant
,
proditores
eos
vocabant
,
quos
etiam
de
proditions
apud
Regem
●ccusabant
▪
●ne●aurorum
●e●iam
suorum
Rexeis
custodias
cum
●egibus
pat●ii
&
judicii●
commisit
.
Quid
plura
?
Judicia
commit●ntur
injustis
,
leges
exlegibus
,
justicia
inj●riosis
.
Et
eum
NOBILES
de
regno
,
&
in
regno
de
oppressionibus
sibi
irrogatis
,
coram
Rege
causam
deponerent
,
Petro
Episcopo
impedience
,
non
fuit
qui
eis
justitiam
exhiberet
,
&c.
Cumque
his
&
consim●●ibus
injuriis
RICHARDUS
COMES
,
regni
MARESCHALLUS
,
vider●t
tam
NOBILES
quam
ig●bbiles
op●rimere
,
&
i●ra
regni
penitus
deponere
,
zelo
justitiae
provocatus
,
associatis
sibi
quibusdam
Magnatibus
ad
Regem
,
audacter
accessit
,
increpans
eum
audientibus
multis
,
quod
per
pravum
Consilium
advocarat
extraneos
Pi●taviense
,
no
pressionem
r●gni
,
&
hominum
suorum
de
regno
naturali●m
,
LEGUM
PARITER
AC
LIBERTATUM
.
Unde
Regem
humiliter
●ogabat
,
u●
tales
excessus
corrigere
festinarer
,
per
quos
Coronae
suae
&
regni
sui
subversio
immineba●
.
Affirmabat
insuper
,
quod
si
hoc
emendarc
distugerer
,
IPSE
ET
CAETERI
DE
REGNO
MAGNATES
,
tamdiu
se
ab
ipsius
consilio
subtraherent
,
quamdiu
alienigenarum
consortio
frueretur
:
Ad
haec
autem
respondens
Petrus
Wintoniensis
Episcopus
,
dixit
,
quod
bene
licuit
Domino
Regi
extraneos
quoscunque
vellet
vocare
ad
defensionem
Regni
sui
&
Coronae
,
&
etiam
tot
&
tales
,
qui
possent
homines
suos
superbos
&
rebelles
ad
debitum
compellere
famulatum
.
Comes
vero
Mareschallus
,
&
caeteri
MAGNATES
perturbati
a
Curia
recedentes
,
cum
aliud
non
poterant
habere
responsum
,
firmiter
promiserunt
ad
invicem
,
quod
pro
hac
causa
,
quae
omnes
tangebat
,
usque
ad
divisionem
corporis
&
animae
,
viriliter
dec●r
arent
.
After
which
the
King
with
the
Bishops
advice
filling
all
England
with
Po●o●ovines
newly
called
over
;
and
being
wholly
guarded
,
counselled
,
swayed
by
them
,
out
of
hatred
and
contempt
to
the
English
Nation●
Rex
mi●●is
li●eris
f●
is
,
●ocavi●
omnes
de
regno
Comites
et
Barones
ad
colloquium
,
〈…〉
apud
Oxoniam
,
〈◊〉
●m
Sancti
●ohannis
,
sed
ipsi
noluerunt
ad
ejus
mandatum
ve●ire
,
tum
prop●er
in●idias
al●enigenarum
,
●um
prop●er
indignationem
quam
conciperant
adversus
Regem
,
qui
ex●ran●
os
ad
eorundem
Baronum
vocavit
con●emp●um
.
Et
cum
hoc
Regi
per
nuncios
solennes
denuncias●ent
,
iratus
est
vehementer
&
judicialiter
jussit
diffinire
,
quo
ordine
debeat
eos
compellere
ad
suam
Curiam
(
the
Parliament
)
convenire
▪
Tunc
decretum
est
per
[
*
](A56189-e54350-b)
*
Of
the
Lords
who
appeared
.
judicium
,
ut
secundo
et
tertio
vocentur
a
Rege
,
ut
probet
●venire
ve
●in●
,
ve●non
.
Significavit
ergo
Rex
MAGNATIBUS
memoratis
,
ut
venirent
apud
Westmonastirium
quinto
Idus
Julii
,
AD
COLLOQUIUM
,
&
ibi
per
eorum
consilium
emendaret
,
quicquid
de
ju●e
noverat
corrigendum
.
Sed
cum
audissent
Magnates
prae●ati
,
quod
paulatim
applicuerunt
in
regno
praedones
multi
cum
equis
&
armis
a
Rege
invitati
;
cum
nullum
pacis
vidissent
vestigium
,
suspectas
habentes
Pictavensium
innaras
versutias
,
supersederunt
ad
diem
●●bi
statu●um
venire
;
denunciantes
Regi
per
nuncios
solennes
,
quatenus
omni
dilatione
remota
,
Ejicerer
Pet●um
Wintoniensem
Episcopum
,
&
c●eceros
Pictavenses
de
Curia
sua
:
Sin
autem
nolle●
,
ipsi
omnes
,
de
communi
Concilio
totius
regni
ipsum
cum
iniquis
Consiliariis
suis
a
regno
depellerent
,
et
de
novo
Rege
creando
contractarent
.
His
ira
ge●●is
,
Rex
animo
●on●ternatus
est
vehementer
,
et
ejus
Curia
tota
,
vultum
demittentes
,
&
non
mediocriter
me●entes
〈◊〉
fiet
error
filii
patris
errore
deterior
,
quem
homines
sui
de
fa●igio
●egni
deponere
satagentes
,
ad
illud
nomen
quod
ei
per
quoddam
prae●agium
datum
est
,
scilicet
Iohannes
Extor●is
,
fere
derruserunt
Tunc
Petrus
Episcopus
Con●ium
Regi
dedit
,
ut
a●ma
moveret
contra
rebelles
homines
suos
,
&
Castella
eorum
&
terras
Pictavensibus
con●●erre●
,
qu●regnum
Angliae
a
s●is
proditoribus
tuer●tur
.
The
King
following
his
evil
counsel
.
spoiled
Gilbert
Basset
a
Nobleman
of
a
Mannor
given
him
by
King
John
,
and
when
he
demanded
restitu●ion
of
it
,
called
him
Traytor
,
and
threatned
to
hang
him
unlesse
he
departed
his
Court●
he
also
imprisoned
Sir
▪
Ric.
Swa●d
and
suspecting
all
the
other
Nobles
and
Great
men
of
the
Realm
,
demanded
hostages
from
them
,
signifying
to
them
all
by
his
Letters
,
that
before
the
Calend●
of
August
they
should
present
to
him
so
many
and
such
hostages
;
wherewith
they
might
remove
all
suspition
of
jealousie
out
of
his
mind
.
Cumque
Comites
ac
Barones
Angliae
in
magno
militiae
appar●
〈…〉
COLLOQVIUM
Calend.
August●
sibi
praesticum
▪
the
Earl
Marshal
being
informed
by
his
Sister
Isabel
,
as
he
was
going
thither
,
that
ther
were
ambushes
laid
to
take
him
by
his
enemies
,
to
present
him
to
the
King
and
Bishop
of
Winchester
,
who
would
imprison
and
deal
with
him
as
they
had
done
with
Hubert
Earl
of
Kent
;
he
thereupon
departed
in
the
night
and
posted
into
Wales
to
avoid
the
danger
.
Venerunt
autem
AD
COLLOQUIUM
praedictum
,
Comes
Cestriae
,
Comes
Lincolniae
,
Comes
de
Ferrariis
,
&
Comes
Richardus
Frater
Regis
,
cum
aliis
Comitibus
&
Baronibus
multis
▪
sed
nihil
ibi
actum
fuit
propter
absentiam
Comitis
Mareschalli
,
et
Gileberti
Basset
,
et
quorundam
aliorum
absentium
Magnatum
(
the
Lords
refusing
to
act
,
si●
,
or
grant
any
thing
to
the
king
whiles
the●e
eminent
Members
were
absent
,
Unde
Rex
per
Consilium
Episcopi
Wintoniensis
&
Stephani
de
Segrave
fecit
invitari
per
literas
omnes
de
regno
Magnates
,
qui
sibi
ad
militare
servitium
▪
renebantur
,
ut
venirent
apud
Gloverniam
cum
eq●is
&
armis
die
Dominica
ante
Assumptionem
beatae
Mariae
.
Sed
Richardus
Mareschallus
,
&
alii
multi
qui
fuerunt
confaedera●i
,
cum
venire
noluisseut
ad
diem
statutum
,
fecit
Rex
,
ac
si
proditores
essent
,
villas
eorum
concremari
,
pa●cos
&
vivaria
eorum
destruere
,
castella
obsidione
vallare
;
the
King
outlawing
them
of
Treason
:
Whereupon
there
arose
a
war
and
many
skirmi●hes
between
the
Kings
party
and
Poictovines
,
&
the
Earl
Marshal
and
his
Confederates
for
near
two
years
space
.
[
*
](A56189-e54740-b)
*
Mat.
Patis
,
p.
381
,
382.
Anno
1234.
Rex
Anglorum
venit
ad
COLLOQUIUM
apud
Westmonasterium
in
Purificatione
beatae
Mariae
,
in
quo
quosdam
Episcopos
&
maxime
Alexandrum
Cestrensem
Episcopum
,
graviter
increpavit
de
n●mia
familiaritate
Comitis
Mareschalli
,
&
quod
ipsum
a
regni
s●lio
depellere
nitebantur
.
Episcopus
autem
ille
,
Pontificalibus
indutu
,
cum
talia
sibi
objecta
cognovisse●
,
ne●non
quosdam
qui
Regi
suggesserant
exasperando
;
Episcopos
foventes
partes
Mareschalli
,
velle
alium
Regem
erigere
,
commotus
est
vehementer
.
Excommunicavit
igitur
in
continenti
omnes
qui
contra
Regem
iniquitatem
hujusmodi
sceleris
cogitabant
,
vel
super
Episcopos
,
qui
omnino
de
salute
&
honore
regis
sollicitabantur
,
malitiose
talia
imponebant
.
Et
sic
manifestata
Episcoporum
ac
probata
innocentia
,
confusis
discordiae
seminatoribus
,
siluit
legista
(
Rogerus
de
Cantelu
)
ab
anathemate
ut
videbatur
,
non
immunis
.
Sic
igitur
intervenientibus
Episcopis
,
qui
aderant
,
pacificatus
est
Alexander
Cestrensis
Episcopus
,
&
quievit
spiritus
illius
nimis
ante
amaricatus
.
Affuit
quidem
hinc
COLLOQUIO
Magister
Aedmundus
Cantuariensis
Electus
,
cum
multis
Episcopis
suffraganeis
,
qui
omnes
Regis
,
&
Regni
desolationi
condolentes
,
venerun●
ad
Regem
,
&
quasi
uno
corde
,
animo
et
ore
dixerun●
:
Domine
Rex
,
dicimus
vobis
in
Domino
,
ut
fideles
vestri
,
quod
consilium
quod
nunc
habetis
,
&
quo
utimini
non
est
●anum
nec
securum
,
sed
crudele
&
periculosum
vobis
et
regno
Augliae
,
Petri
videlicet
Wintoniensis
Episcopi
,
&
P●tri
de
Rivallis
,
&
complicium
suorum
.
Imprimis
,
quia
gentem
Anglicanam
odio
habent
&
contemnunt
,
vocantes
eos
proditores
,
&
facientes
omnes
sic
vocari
,
&
avertentes
animum
vestrum
ab
amore
gentis
vestrae
,
&
corda
nostra
,
&
gentis
vestrae
a
vobis
;
quod
apparet
in
Mareschallo
,
qui
melior
homo
est
terrae
vestrae
,
quem
per
mendacia
interseminata
a
vobis
elongantes
perverterunt
.
Et
per
hoc
idem
consilium
,
scilicet
per
dictum
Epis●opum
,
amis●●
Pate●
vester
Rex
Johannes
,
primo
corda
gentis
suae
,
deinde
Norma●mam
,
post
alias
terras
,
&
in
fine
totum
the
the●aur●me
exhau●ie
▪
&
●ere
Dominium
Angliae
,
&
nunquam
po●●ea
pacem
habuit
.
Per
idem
con●ilium
tempotibus
nostris
,
turbatum
fui●
reguum
,
&
venit
interdictum
;
et
denique
factum
est
regnum
tributarium
▪
et
princeps
provinciarum
fact●s
est
pro●
do●or
ignobilibus
sub
●●ibuto
,
et
inita
guerra
et
diu
protelara
,
mortuus
est
pater
vester
quas●
extorris
,
nec
in
pace
regni
vel
animi
,
et
h●
mortem
per
eo●
admodum
incurrit
periculosam
.
Per
idem
consilium
contra
vos
detentum
●uit
Castellum
de
Bedeford
,
ubi
multum
thesaurum
,
et
stre●uos
nomines
perdidisti
:
ob
quam
causam
interim
Rupe●am
in
ignominiam
totius
regni
tui
amisisti
.
Item
perturbatio
nunc
imminens
toti
regno
periculosa
,
per
eorum
consilium
iniquum
accidit
,
quia
si
per
justitiam
et
rectum
judicium
terrae
tractati
fuissent
,
homines
vestri
,
non
eveni●●et
ista
perturbatio
,
et
haberetis
terras
vestras
non
destructas
,
et
thesaurum
inexhau●lum
.
Item
in
fide
dicimus
,
qua
vobis
astringimur
obligati
,
quod
consilium
vestrum
non
est
pacis
,
sed
perturbationis
terrae
,
Perri
de
Rivallis
,
vix
aliquod
magnum
nego●i●m
●it
in
regno
,
quasi
●vos
pro
Rege
non
haberent
.
Item
,
per
idem
consilium
naturales
homines
de
regno
vestro
de
curia
vestra
expulsi
sunt
:
unde
●imendumest
tam
de
vobis
quam
de
regno
,
cum
videamini
magis
esse
in
eorum
potestate
,
quam
ipsi
in
vestra
sicut
per
plurima
constat
exempla
.
Item
,
quia
pnellam
de
Britannia
,
et
sororem
vestram
habent
in
potestate
,
et
alias
plures
puellas
nobiles
,
et
alias
mulieres
nubiles
,
cum
wardis
et
maritagiis
quas
dant
suis
,
et
disparaban●
.
Item
,
quia
legem
terrae
juratam
et
confirmatam
;
atque
per
excommunicationem
corroboratam
,
pariter
et
justitiam
confundunt
et
pervertunt
,
un●e
●imendum
est
,
ne
sin●
excommunicati
,
&
vos
eis
communicando
.
Item
,
quia
non
observant
alicui
promissionem
,
fidem
,
vel
juramentum
,
vel
scripturae
munimentum
,
nec
timent
excommunicationem
.
Unde
qui
a
veritate
recessetunt
,
sunt
desperati
,
ut
qui
in
timore
remanent
diffidentes
.
Haec
autem
fideliter
vobis
dicimus
,
et
coram
Deo
et
hominibus
consulimus
rogamus
et
monemus
,
ut
tale
consilium
amoveatis
a
vobis
,
et
sicut
est
in
aliis
regnis
consuetudo
,
regnum
vestrum
tractetis
per
fideles
homines
vestros
et
juratos
de
regno
vestro
.
Denunciamus
enim
vobis
in
veritate
,
quod
nisi
infra
breve
tempus
ista
correxeritis
,
in
vos
,
&
in
omnes
alios
contradictores
,
per
censuram
ecclesiasticam
procedemus
,
nihil
nisi
consecrationem
venerabilis
Patris
nostri
electi
Cantuariensis
expectantes
.
Et
his
ita
dictis
,
Rex
humiliter
postulavit
inducias
,
dicens
,
se
non
posse
ita
subito
consilium
suum
amovere
,
donec
de
thesauro
suo
illis
commisso
,
ratiocinium
audisset
.
Et
sic
solutum
est
COLLOQUIVM
,
recedentibus
cunctis
cum
fiducia
concordiae
celeriter
ob
inendae
.
[
(s)
](A56189-e55020-b)
(s)
Mat.
Paris
p.
383.
On
the
5
of
April
following
,
Convenerunt
ad
COLLOQVIUM
apud
Westmonast
.
REX
CUM
COMMITIBVS
ET
BARONIBUS
,
&
Archiepiscopus
nuper
consecratus
,
cum
suis
suffraganeis
,
ut
regno
perturbato
salubriter
providerent
,
Archiepiscopus
quidem
conjunctis
sibi
Episcopis
,
accaeteris
qui
aderant
Praeclatis
,
ostendit
ei
consilium
suum
&
Episcoporum
,
super
desolatione
regni
,
&
periculo
imminenti
,
replicando
suprascripta
incommoda
,
in
COLLOQUIO
superius
habito
sibi
expressa
.
Denunciavit
etiam
ipsi
expresse
,
quod
nisi
celerius
errorem
dimitterei
,
&
cum
fidelibus
regni
sui
pacifice
componeret
,
ipse
in
continenti
cum
omnibus
qui
aderant
Praelatis
,
IN
IPSUM
REGEM
SENTENTIAM
FERRET
EXCOMMUNICATIONIS
,
&
in
omnes
alio●
hujus
pacis
contradictor●s
et
concordi●
perversones
.
Rex
autem
pius
audiens
consilium
Praelatorium
,
humiliter
respondi●
,
quod
consiliis
eorum
in
omnibus
obtemperaret
:
unde
post
dies
pauco●
,
intellige●●
proprium
errorem
,
po●uitentia
ductus
,
●raecepit
Petro
Wintoniensi
Episcopo
,
ut
pergens
ad
Episcopatum
suum
,
curis
intenderet
animarum
,
et
de
caeteris
Regiis
negotiis
nequiquam
interesse●
.
Petro
eti●m
de
Rivallis
immurabiliter
jussit
,
cujus
Angli●●ota
dispenfacionibus
subjacebat
,
ut
redditis
sibi
Castellis
suis
,
&
ratio●inium
de
thesauris
in
continenti
reddere●
,
et
a
Curia
recederet
;
affirmans
cum
juramento
,
quod
nisi
beneficiatus
et
in
sortem
●lo●i●orum
esset
admissus
ipse
ei
ambos
oculos
eruere
faceret
.
P●●tavienses
insuper
omnes
●am
de
Curia
sua
,
quam
de
castrorum
presidiis
expellens
,
remisit
in
patri●m
suam
,
praecipiens
ut
ultra
faciem
suam
non
viderent
.
Et
sic
Rex
dimissis
iniquis
Consiliariis
suis
,
revocavit
ad
obseq●ium
suum
naturales
homines
de
regno
suo
,
subjiciens
se
consilio
Archiepiscopi
et
Episcoporum
,
per
q●os
sperabat
regnum
perturbatum
,
ad
statum
prosperum
revocare
.
Soon
after
the
King
(
as
appears
by
Claus.
18
H.
3.
m.
19.
)
by
the
advice
and
judgement
of
the
Archbishops
,
Bishops
,
Earls
,
Barons
,
and
other
his
Great
men
in
the
Parl.
at
Gloucester
,
reversed
and
nulled
all
the
Outlawries
against
Hubert
Earl
of
Kent
,
Ralph
Basset
,
and
other
adherents
to
the
Earl
Marshal
,
eo
quod
injuste
,
et
contra
legem
terrae
in
eos
fuerant
promulgata
,
(
which
he
caused
the
Sherifs
publikely
to
proclame
;
)
recalled
Hugh
de
Burgo
Earl
of
Kent
,
Gilbert
Basset
,
S●r
Richard
Sward
,
whom
he
had
formerly
banished
,
imprisoned
,
injured
,
cum
omnibus
qui
cum
eis
,
et
pro
eis
in
exilium
fuerunt
pulsi
;
in
gratiam
suam
plenam
et
non
fictam
revocavit
,
et
eis
in
osculo
pacis
receptis
reddidit
omnia
jura
sua
,
IN
COLLOQVIO
510
Calend
Junii
;
admitting
(
in
this
Parliament
)
the
said
Hubert
,
Gilbert
,
and
Sward
,
to
be
his
domestick
servants
and
familiar
counsellors
:
runc
demum
intelligens
,
quod
primum
fuerat
seductus
astutia
consiliatorū
▪
In
the
mean
time
R.E.
Marshal
being
treacherously
slain
in
Ireland
,
by
a
Letter
sent
hence
from
the
Kings
ill
Counsellors
under
the
Kings
Seal
;
hereupon
,
in
eodem
Colloquio
,
Aedmundus
Cant.
Archiepiscopus
fecit
recitari
exemplar
literarum
,
de
proditione
Richardo
Comiti
praeparata
coram
Rege
et
unverso
Conventu
Episcoporum
,
Comitum
pariter
ac
Baronum
qui
affuerunt
,
quae
a
Consiliariis
regis
mi●●ae
fuerunt
ad
Magnates
in
Hybernia
.
Unde
Rex
ipse
et
alii
omnes
qui
eas
audierant
,
admodum
sunt
constricti
,
&
usque
ad
lachtymarum
compuncti
sunt
effusionem
.
Rex
autem
confessus
est
in
veritate
,
quod
compulsus
ab
Episcopo
Wintoniensi
et
Petro
de
Rivallis
&
aliis
Consiliariis
suis
,
jussit
figillum
suum
apponi
in
quibusdam
literis
sibi
praesentatis
,
sed
tenorem
eorum
se
nunquam
audisse
cum
juramento
affirmavit
.
Ad
hoc
respon●um
Archiepiscopus
dixit
,
Scrutamini
Rex
conscientiam
vestram
,
quia
omnes
illi
qui
literas
illas
mitti
procuraverunt
,
et
hujus
proditionis
conscii
fuerunt
,
rei
sunt
de
morte
Marescalli
,
ac
si
illum
propriis
manibus
occidissent
.
Tunc
Rex
,
HABITO
CONSILIO
,
fecit
vocari
per
literas
Episcopum
Wintoniens●m
,
Petrum
de
Rivallis
,
Stephanum
de
Segrave
,
et
Robertum
de
Passeleve
,
ut
venirent
ad
festum
Sancti
Johannis
,
ratiocinium
reddituri
de
thesauris
suis
receptis
pariter
&
expensis
,
sed
et
de
sigillo
suo
quod
male
tractaverant
,
ipso
penitus
ignorante
,
mandavit
ut
tunc
venirent
RESPONSURI
ET
JURI
PARITURI
.
Sed
illi
proprias
conscientias
habentes
suspectas
in
omnibus
,
ex
una
parte
Regem
,
ex
altera
fratres
et
amicos
metuebant
Marescalli
,
cujus
necem
procurasse
videbantur
.
Unde
ad
pacem
Ecclesiae
confugients
,
Episcopus
et
Petrus
de
Rivallis
in
Ecclesia
Cathedrali
apud
Wintoniam
latitabant
,
a
conspectu
hominum
sese
penitus
subtrahentes
.
Stephanus
vero
de
Segrave
in
Ecclesia
Sanctae
Mariae
in
Abbatia
Canonicorum
apud
Legecestriam
delituit
,
et
qui
prius
a
clericatu
ad
militiam
per
arrogantiam
confugerat
,
ad
clericatus
officium
reversus
,
coronam
quam
reliquerat
,
inconsulto
Episcopo
revocavit
.
Robertus
quoque
Passeleue
ad
latibulum
divertit
incognitum
,
&c.
Sed
revera
ad
Novum
templum
,
●e
infirmum
simulans
,
in
quodam
secreto
celatus
cellario
la●itabat
,
more
tectus
leporino
.
Tandem
Aedmundus
Cant.
Episcopus
,
impetravit
a
Rege
,
ut
sub
salvo
conductu
ipsius
et
Episcoporum
possunt
ad
diem
certum
coram
illo
●enite
,
ut
omnis
in
regno
dissentionis
occasio
sopiretur
.
Statuit
igitur
illis
diem
Rex
pridie
Idus
Julii
apud
Westmonasterium
,
ubi
sub
protectione
Archiepiscopi
et
Episcoporum
ad
Regis
praesentiam
sunt
producti
.
Petrus
de
Rivallis
primus
in
causam
vocatu●
,
apparuit
coram
Rege
in
habitu
clericali
,
cum
tonsura
et
lata
corona
,
Regem●ue
reverenter
salutavit
cum
Iusticiariis
su●s
in
Banco
sedentem
.
Quam
Rex
torvo
respiciens
oculo
,
O
PRODITOR
inquit
,
per
iniquum
consilium
tuum
,
sigillum
meum
ignorans
apposui
literis
de
proditione
Comitis
Mareschalli
.
Per
tuum
etiam
pravum
consilium
,
ipsum
et
alios
de
regno
meo
homines
naturales
et
eorum
animos
à
me
pariter
,
&
amorem
averti
.
Per
pravum
etiam
consilium
tuum
et
complicum
tuorum
,
guerram
contra
illos
movi
,
in
jacturam
irrestauribilem
,
et
regni
opprobrium
,
per
quam
guerram
thesaurum
meum
et
vitam
multorum
illustrium
,
simul
et
honorem
meum
amisi
lamentabiliter
.
Exigit
igitur
Rex
praeterea
ratiocinium
de
thesauro
suo
et
custodia
puerorum
nobilium
et
escheatarum
cum
aliis
proventibus
multis
,
quae
ad
Coronam
spectabant
.
Cumque
haec
et
alia
multa
Rex
ab
eo
sub
proditionis
nomine
exigisset
;
nihil
omnino
de
objectis
sibi
criminibus
negavit
,
sed
coram
Rege
in
terram
corruens
,
per
haec
verba
ejus
misericordiam
imploravit
.
Domine
Rex
,
inquit
,
nutritus
sum
a
vobis
et
in
bonis
temporalibus
dives
factus
;
ne
confundes
hominem
quem
creasti
,
sed
concede
sa●tem
tempus
deliberandi
,
ut
de
rebus
exactis
,
competenter
vobis
valeam
reddere
rationem
.
Cui
Rex
:
Mittam
te
in
Turrim
Londinensem
ut
ibi
deliberes
donec
mihi
satisfacias
praevia
ratione
.
Ad
haec
Petrus
,
Domine
,
Clericus
sum
,
nec
debeo
incarcerari
,
vel
sub
Laicorum
custodia
deputari
.
Respondit
Rex
:
Te
ut
laicum
hactenus
gessisti
,
a
te
agitur
ut
Laico
,
cui
meum
commisi
thesaurum
,
exigo
.
Veruntamen
e●●e
pro
sens
est
Archiepiscopus
,
qui
si
pro
te
fidi●ubere
voluerit
;
tradam
te
illi
ut
mi●i
●●tisfaci●t
de
exactionibus
supradictis
.
Ad
quod
cum
silui●se●
Archiepiscopus
,
misit
Rex
praedictum
Petrum
in
Turrim
memoratam
,
accipie●s
in
manus
suas
omnes
laioas
possessiones
ejus
,
quia
sub
habitu
clericali
l●ica
erat
induius
,
gestans
anela●ium
ad
lumbare
,
quod
clenicum
non
decebat
.
Et
tunc
P●t●us
fle●it
amare
,
scilicet
ingredie●s
n●
ioulum
●
ducendus
ad
turrim
supradictam
.
Fuit
autem
in
ea
die
Jovis
,
et
s●quenti
die
Veneris
.
Et
tunc
ab
Archiepiscopo
liberatus
,
apud
Wintoniam
perductus
est
,
et
in
ecclesia
dimissus
cathedrali
.
Apparuit
autem
eadem
die
in
Regis
praesentia
Stephaphanus
de
Segrave
,
veniens
sub
protectione
Archiepiscopi
,
de
rebus
sibi
impositis
res●onsu●u●
.
Qui
cum
staret
in
judicio
Juri
pariturus
;
increpavit
eum
Rex
sub
nomine
nequissimi
proditoris
,
de
domnibus
articulis
de
quibus
increpave●at
Petrum
de
Rivallis
;
hoc
etiam
ad●iciens
,
quod
consilium
dederat
et
,
ut
Hubertum
de
Burgo
ab
offici●
Justiciarii
amoveret
,
incarceraret
,
patibulo
suspenderet
,
&
Nobil●s
de
regno
exilio
relegaret
.
Cumque
haec
&
alia
multa
ei
imposuisset
slagitia
,
exegit
ab
eo
ratiocium
de
ossicio
Justiciarii
,
quod
sub
eo
ministraverat
post
Hubertum
de
Burgo
,
de
rebus
receptis
pariter
et
●xpensis
.
Super
his
autem
Archiepiscopus
et
Episcopi
impetraverunt
inducias
a
Rege
usque
ad
festum
S.
Michaelis
,
ut
deliberandi
tempus
haberet
.
De
pravis
quoque
consiliis
sibi
imputatis
,
alios
altiores
eo
medios
scilicet
int●r
Regem
et
eum
quibus
necesse
habuit
immediate
respondere
,
nepote
W●lierum
Carleolensem
&
Petrum
de
Rivalli●
non
me
redarguat
.
Et
sic
de
aliis
umbonem
f●oiens
recessit
,
in
alios
crimen
retorquendo
.
Et
sic
absdondit
se
iterum
Robertus
Passeleue
.
The
King
made
Hugh
de
Pateshulle
,
an
honest
and
faithfull
man
chief
Justice
of
England
,
much
against
his
will
,
in
Passeleues
place
.
And
at
the
Archbishops
request
,
in
the
same
Parliament
,
restored
to
Gilbert
,
Brother
and
heir
to
murdered
Richard
Earl
Marshal
,
all
his
inheritance
both
in
England
and
Ireland
,
received
his
homage
,
knighted
,
and
gave
him
the
rod
of
his
Marshals
Court
,
as
the
manner
is
,
to
hold
that
office
as
well
and
freely
as
his
ancestors
enjoyed
it
.
And
so
this
Civil
warr
and
Combustion
between
the
King
and
his
Nobles
was
fully
reconciled
.
I
have
transcribed
this
History
,
and
these
Parliamentary
proceedings
at
large
out
of
Matthew
Paris
.
First
,
to
manifest
the
Gallantry
,
Courage
,
Zeal
,
Vigilancy
,
Unanimity
of
our
Nobles
,
Lords
,
Barons
,
and
Prelates
in
that
age
,
in
opposing
,
reprehending
the
King
himself
to
his
face
,
and
threatning
to
depose
and
excommunicate
him
,
both
in
and
out
of
Parliament
,
for
entertaining
foreigners
and
ill
counsellors
about
him
;
neglecting
,
hating
,
banishing
his
own
Nobles
and
natural
Subjects
as
Traytors
,
without
any
just
cause
or
legal
trial
,
and
subverting
,
confounding
their
Lawes
,
Liberties
,
Justice
,
&c.
2ly
,
To
manifest
the
proceedings
,
impeachments
in
these
Parliaments
against
the
Earls
and
Nobles
refusing
to
appear
at
these
Parliaments
upon
the
Kings
these
successive
Writs
of
Summons
;
his
outlawing
them
of
high
Treason
,
and
spoiling
,
burning
,
seising
their
houses
,
Lands
thereupon
,
being
adjudged
by
the
Lords
in
Parliament
,
to
be
illegal
and
afterwards
reversed
as
unjust
and
against
the
Law
,
Claus
.
18.
H.
3.
m.
19.
3ly
,
To
manifest
,
that
the
Lords
in
Parliament
would
not
act
any
thing
in
the
absence
of
these
eminent
Lords
refusing
to
appear
.
4ly
,
To
evidence
the
Sentence
and
Justice
of
the
King
and
Lords
,
against
these
ill
Counsellors
,
Aliens
and
Traytors
to
the
Publique
,
whom
they
caused
to
be
removed
from
the
King
,
Court
,
Kingdom
,
put
from
their
publike
Trusts
and
Offices
,
called
to
an
account
,
publikely
arraigned
before
the
King
himself
and
his
Justices
;
by
whom
they
were
imprisoned
,
their
lands
confiscated
,
and
better
Counsellors
of
State
and
Judges
put
into
their
places
.
[
*
](A56189-e55870-b)
*
Mar.
West
.
p.
1531
Anno
1240.
Accusatus
est
graviter
Comes
Cantiae
Hubertus
de
Burgo
CORAM
REGE
ET
CURIA
TOTA
London
:
ubi
post
mult●s
disceptationes
,
ut
ira●undia
Regis
,
quae
immoderate
nimis
con●●●
ipsum
excanduerat
,
quiesceret
,
ADJUDICA●UM
EST
,
ut
quatuor
Castra
sua
Charissima
(
scilicet
Blancum
Castrum
,
Grosmunt
,
Scenefrithz
,
&
Haetfeild
)
Domino
Regi●
resignaret
,
ut
caetera
sibi
cum
Regis
benevolentia
in
pace
remanerent
.
[
(x)
](A56189-e55920-b)
(x)
Mat.
Paris
p.
938.
Anno
1258.
The
Nobles
complained
in
Parliamnnt
of
the
Kings
advancing
his
half
Brothers
,
who
were
aliens
,
swaying
all
things
,
and
impoverishing
the
Realm
,
and
of
their
intollerable
pride
,
insolency
,
and
injuries
;
and
the
Earl
of
Leicester
particularly
complained
to
the
Parliament
of
William
de
Valentia
;
non
tam●n
Regi
sed
universitati
praecordialiter
est
conquestus
,
exigens
instanter
sibi
justitiam
adhiberi
.
The
[
(y)
](A56189-e55960-b)
(y)
Mat.
Paris
p.
940
,
241.
Mat.
Westm.
p.
277
,
278.
same
year
the
Great
men
and
Nobles
of
the
Land
,
Videntes
Regnum
undique
desolatum
,
tum
exactionibus
&
tallagiis
tam
Curiae
Romanae
quam
Regis
,
quam
etiam
alienigenarum
,
&
praecipue
Pictavensium
elatione
praesumptuosa
,
fivore
regio
in
regno
nimium
in
sublimi
provecta
,
tantas
in
Anglia
Dominationes
sibi
usurpantium
&
magisteria
,
●ost
Pentecosten
apud
Oxon.
COLLOQUIUM
GENERALE
CELEBRAVERUNT
(
being
summoned
to
this
Parliament
by
the
Kings
Writ
)
super
hiis
,
necnon
&
status
regni
melioration●
efficaciter
&
exquisite
tractaturi
.
Quo
non
sine
armis
&
equis
electissimis
muniti
venerunt
,
ut
si
Rex
&
alienigenae
sui●
provisionibus
,
&
statutis
sponte
contemnerent
assentire
,
vigore
opposito
cogerentur
,
aut
ipsi
alienigeni
universaliter
,
sine
morae
regnum
Angliae
poenitus
evacuarent
,
Quas
quidem
provisiones
Oxon.
&
stat.
necnon
ET
MAGNAM
CHARTAM
TAM
DE
LIBERTATIBUS
ET
DE
FORESTA
;
tandem
Domino
Rege
ad
suorum
PROCERUM
observantiam
statutorum
inclinato
,
per
quēdam
de
suis
militibus
tactis
sacrosanctis
juramētum
praestante
,
24
prudentium
virorum
&
Nationis
Anglicanae
,
quos
ad
Regni
gubernationem
sub
eodem
duxerint
inter
se
eligendos
,
consilio
se
commendavit
&
consideration●
.
His
igitur
p●ractis
fidelitatem
Regi
&
regni
ET
AD
CONSIDERATIONEM
SUORUM
PARIUM
STARE
omnes
,
quotquot
in
regno
commorare
vellent
,
fecerunt
jurare
The
Nobles
in
this
Parliament
required
,
that
all
the
Poictovines
might
surrender
up
all
the
Castles
they
held
in
England
into
the
Kings
hands
;
Whereupon
they
peremptorily
swore
by
the
passion
and
wounds
of
Christ
,
that
they
would
never
doe
it
whiles
they
breathed
.
Whereupon
the
Earl
of
Leicester
said
to
William
of
Vairencia
,
the
most
insolent
of
them
all
,
That
he
should
either
surrender
up
the
Castles
he
held
of
the
Kings
,
without
delay
,
VEL
CAPUT
AMITTERET
on
he
should
lose
his
head
.
Similiter
ALII
COMITES
ET
BARONES
DICEBANT
etiam
constructissime
assertione
consistentes
.
The
Poictovines
being
very
much
terrified
with
these
words
;
not
knowing
what
to
doe
,
and
fearing
to
fly
to
any
Castle
,
lest
they
should
there
be
besieged
and
soon
taken
or
starved
by
the
Lords
,
fled
secretly
and
speedily
from
the
Parliament
to
Winchester
;
not
sparing
their
horses
sides
,
and
setting
spies
upon
hills
and
Towers
to
observe
whether
the
Barons
pursued
them
;
who
hearing
of
their
flight
,
commanding
all
their
followers
to
arm
themselves
,
and
dissolving
the
Parliament
,
without
adjourning
it
to
any
certain
day
,
[
(z)
](A56189-e56130-b)
(z)
Walsingham
Ypodig
.
Neustriae
,
An.
1258.
p.
61
,
62.
Mar.
West
.
p.
278.
Mat.
Paris
,
p.
222.
pursued
them
to
Winchester
;
where
the
King
and
Nobles
holding
another
PARLIAMENT
,
the
Poictovines
JUDIDIUM
EXPECTARE
NOLENTES
,
nec
ausi
exhibitionem
JUSTITIAE
,
quae
singulis
secundum
juramentum
REGIS
&
PROCERUM
debebatur
expestare
(
being
the
sole
judges
of
them
in
Parliam
.
for
their
exorbitant
offences
)
they
presently
fled
out
of
the
Realm
beyond
the
Sea
,
to
avoid
their
sentence
.
Hereupon
[
(a)
](A56189-e56190-b)
(a)
Mat.
Paris
p.
945.
Significatum
est
literatorie
,
ad
multos
etiam
quos
praedicti
Pictavienses
impudentur
offenderant
;
ut
●nerelam
super
hoc
repone●res
▪
ostenderent
Maguatibus
Regni
da●a
sibi
a
dictis
Regis
fratribus
illata
,
&
eas
querelas
dilucidantes
,
constanter
moras
sequerentur
,
&
ut
sibi
omnia
,
secundum
quod
jus
dictaret
restituerentur
.
Sed
quia
instabat
tempus
messium
,
considerantes
simultatem
,
et
instantes
labores
forte
inutiles
sequi
renuerunt
donec
majorem
cernerent
opportunitatem
.
The
Lords
in
Parliament
being
willing
to
award
them
damages
and
reparations
against
the
Kings
own
Brothers
in
Law
,
upon
complaint
and
clear
proof
of
the
injuries
and
damages
they
sustained
by
them
.
[
*
](A56189-e56220-b)
*
Mat.
Westm.
Anno
1260
,
p.
295
,
296.
Anno
1260.
There
falling
out
a
great
difference
between
King
Henry
the
3.
and
Prince
Edward
his
Son
:
Simon
Earl
of
Leicester
and
other
Nobles
;
thereupon
,
Convocato
in
praesentia
Regis
apud
sanctum
Paulum
,
BARONAGIO
,
habitoque
prius
tractat●
de
Eadwardo
super
injuriis
Regi
(
ut
dicebatur
)
illatis
;
paratus
est
idem
Eadwardus
,
se
omnium
objectorum
probare
immunem
,
et
ad
duorum
Regum
,
scil.
Patris
sui
,
et
Avunculi
,
provisionem
in
emendatione
facienda
se
dare
tractabilem
:
dicens
,
Omnes
alios
Barones
,
et
Comites
sibi
de
jure
non
esse
Pares
,
nec
suas
in
eum
exercere
discussiones
.
Unde
d●cu●a
hinc
inde
veritate
,
omniumque
relatorum
falsitate
probata
,
pacificato
Regi
concordatus
est
filius
,
multiplicatis
de
jure
inimicorum
confusionibus
.
Concordato
itaque
Eadwardo
Regi
et
Reginae
,
et
aliis
amicis
,
mox
querela
subsequitur
de
Comite
Leicestriae
Simo●e
,
super
pluribus
injuriis
tam
citra
mare
quam
ultra
,
contra
Regem
(
ut
dicebatur
)
perpetratis
.
Praefixo
igitur
die
ad
respondendum
,
&
se
de
objectis
expurgandum
,
idem
Comes
ad
dictum
diem
,
licet
breviorem
,
paratus
est
quantotiens
petitis
satisfacere
,
et
ad
discutiendam
super
oppositis
veritatem
,
omnium
transmarinorum
quam
cismarinorum
,
arbitrio
obtemperare
,
exceptis
quinque
tantum
minutis
,
tam
suae
quam
Eadwardi
,
discordiae
seminatoribus
.
Q●o
audito
Comes
Gloverniae
cum
suis
consentaneis
,
rimens
sibi
post
praedicti
Comitis
purgationem
,
gravissimas
de
se
suscitati
querelas
,
US
QUE
AD
ALIUD
PARLIAMENTUM
praefatum
diem
procuravit
prorogandum
,
Unde
tumultu
ad
tempus
sedato
,
Rex
proprium
adivit
Palatium
cum
gaudio
.
Articuli
vero
praetactarum
culparum
cum
suis
fabricatoribus
plures
sunt
,
&
ultra
modum
transgressibiles
,
si
veri
essent
.
Sed
quia
incredibiles
sunt
,
&
nulla
fulciuntur
veritate
,
ne
mendaciorum
scriptor
dicerer
,
a●t
fabricator
,
eos
huic
paginae
non
arbitror
annotari
.
Jmo
qui
eos
si●ienter
audire
desiderat
a
mendac●
monda●i●
ex●auriet
,
&
me
in
noc
relinquens
alium
relatorem
exquirat
.
Anno
1261.
[
*
](A56189-e56380-b)
*
Ma●
.
West
.
p.
306
,
to
318.
Mat.
Pa
▪
p.
938
,
939
,
940
,
&c.
Prince
Edward
returning
out
of
France
,
brought
.
William
de
Valentia
the
Kings
Brother-in-law
with
him
,
lately
banished
out
of
the
land
,
who
could
then
scarce
obtain
any
admission
into
it
,
but
upon
this
condition
,
Ut
praestito
in
ingressu
sacramento
BARONUM
PROVISIONI
IN
OMNIBUS
OBEDIRET
,
&
singulis
contra
eum
d●posi●is
quaerelis
et
deponendis
,
si
nece●se
fuerit
,
responderet
.
Eadwardus
vero
super
vanis
Regis
consiliis
,
&
consiliariis
edoctus
,
eisdem
valde
iratus
,
sponte
se
patris
absentavit
obtutibus
,
&
fideliterut
perjuraverat
,
assensit
Baronibus
.
Inquisitis
itaque
diligenter
praedictae
contentionis
fautoribus
,
et
cognitis
,
unanimiter
omnes
cum
Eadwardo
conjurarunt
,
quod
nunquam
regi
consentirent
in
uno
,
donec
quoldam
non
nominandos
a
suo
amoveret
consilio
.
Addentes
quod
per
talium
pacis
perturbatorum
suggestiones
Rex
saepe
decipitur
,
&
in
praetacta
papali
absolutione
juramenti
sui
(
to
observe
the
provisions
of
the
Barons
made
at
Oxford
.
)
provisio
Regi
&
regno
salutaris
infirmatur
.
Unde
revelato
eorum
secreto
,
nunquam
Rex
,
talium
consilio
intermediante
,
suo
poterit
BARONAGIO
prout
decet
consenti●
.
Com●●es
antem
Gloverniae
et
Leicestriae
,
pace
sunt
tunc
firmissima
confaederati
simul
cum
Eadwardo
&
aliis
,
contestantes
,
quod
aut
praedictorum
perturbatocum
a
rege
removerent
consorrium
,
aut
guer●a
vi●iniore
suscitanda
alterutros
se
darent
in
interitum
.
In
pursuance
whereof
the
Barons
continued
in
arms
so
long
,
till
they
forced
the
Kings
ill
Counsellors
from
him
,
constrained
him
to
reconfirm
and
assent
to
their
provisions
made
at
Oxford
,
to
banish
all
strangers
out
of
the
Realm
,
and
to
put
all
his
Castles
into
their
hands
.
Anno
1264.
Richard
King
of
Romans
,
[
*
](A56189-e56530-b)
*
Mat.
Westm.
p.
322.
Mat.
Paris
p.
962
,
963.
Prince
Edward
the
Kings
eldest
Son
,
caterique
BARONES
OMNES
ET
NOBILES
praedicto
regi
Angliae
constanter
sincerae
fidei
&
devotionis
operibus
adhaerentes
,
in
their
memorable
Letter
and
answer
immediately
before
the
battle
of
Lewes
,
Simoni
de
Monte
forti
,
Gilberto
de
Clara
,
caeterisque
universis
&
singulis
perfidiae
suae
complicibus
▪
who
accused
them
of
giving
neither
good
nor
faithfull
Counsel
to
the
King
,
in
their
Letter
then
sent
to
them
,
write
thus
,
in
order
to
a
legal
trial
in
the
Kings
Court
of
Parliament
by
their
Peers
.
De
hoc
autem
quod
falso
nobis
imponitis
,
quod
nec
fid●le
,
nec
bonum
consilium
regi
Domino
vestro
damus
,
nequaquam
verum
dicitis
.
Et
si
vos
,
domine
Simon
de
Monte
forti
,
vel
Gileberte
de
Clara
,
velitis
hoc
idem
IN
CURIA
DOMINI
REGIS
ASSERERE
,
parati
sumus
securum
veniendi
ad
dictam
CURIAM
procurare
conductum
,
&
nostrae
super
hoc
innocentiae
veritatem
,
&
vestrum
sicut
PERFIDORUM
PRODITORV●M
mendacium
declarare
per
ALIOS
(
misprinted
in
some
Copies
alium
)
NOBILITATE
ET
GENERE
VOBIS
PARES
(
not
parem
)
relating
to
that
of
Magna
Charta
,
c.
29.
Per
legale
judicium
PARIUM
SUORUM
,
by
which
Peers
only
are
legally
triable
.
In
the
year
of
our
Lord
1265
,
being
the
49
year
of
Henry
the
3
his
reign
,
the
Earl
of
Leicester
,
Simon
de
Montefort
,
and
sundry
other
of
the
Barons
being
slain
,
and
the
rest
of
them
totally
routed
in
the
Battel
of
Evesham
by
[
(b)
](A56189-e56690-b)
(b)
Mat.
West
.
An.
1265
,
p.
340.
Mat.
Paris
,
p.
967.
Walsing-Ypodigm
.
Neustriae
,
An.
1265.
See
Holinshed
,
Fabian
,
Daniel
,
Speed
,
Grafton
,
An.
49
H.
3.
Hen.
de
Knighton
de
Eventibus
Angliae
.
Prince
Edward
;
thereupon
the
King
being
rescued
out
of
their
hands
,
and
restored
to
his
royal
authority
,
summoned
a
Parliament
at
Winchester
on
the
Nativity
of
the
blessed
Virgin
.
In
which
Parliament
,
REX
ET
REGNI
MAGNATES
ORDINARVNT
(
as
Mat.
Westminster
relates
)
quod
di●iores
Civitatis
Londinensis
,
in
carcerom
truderentur
;
quod
Cives
&
Civitas
Londinensis
(
Nota
)
suis
antiquis
Privilegiis
&
libertatibus
privaretur
OB
SUAM
REBELLIONEM
:
&
quod
stipites
&
cathenas
quibus
Civitas
fuerat
roborata
,
de
medio
tollerentur
,
PRO
EO
QUOD
Simoni
de
Montiforti
,
Comiti
Leicestriae
IN
REGIS
CONTEMPTUM
,
ET
ETIAM
DAMNUM
REGNI
FORTITER
ADHAESERANT
.
Capitunei
etiam
factionis
contra
Regem
,
juxta
voluntatem
ejus
pl●ctendi
,
carcere
manciparentur
.
Quod
&
totum
factum
est
.
Nam
&
potentiores
Civitatis
,
apud
Castrum
Windesoram
Carceri
fuerunt
mancipa●i
,
qui
post
modo
poena
pecuniaria
,
ad
summam
non
modicam
mulctabantur
.
Libertas
fuit
civibus
interdicta
,
&
Turris
London
per
stipites
&
Cathenas
Civitatis
forti●r
facta
,
Post
ho●
aprid
Westmonasterium
in
festo
Translatio●is
Sancti
Edwardi
,
there
was
another
Parliament
held
at
London
summoned
by
this
Writ
yet
extant
on
Record
.
[
(c)
](A56189-e56810-b)
(c)
Dorso
Claus
.
49.
H.
3.
m.
11.
in
Schedula
.
Seldens
Titles
of
Honour
,
p.
717
,
718
,
Henricus
Dei
gratia
Rex
Angliae
,
&c.
Cum
post
gravia
turbationum
discr●minadudum
habita
in
regno
nostro
,
Carissimus
filius
Edwardus
primogenitus
noster
,
pro
pace
in
regno
nostro
assecurenda
,
et
firmanda
obses
traditus
extitisset
,
et
jam
sedata
,
(
Benedictus
Deus
)
turbatione
praedicta
,
super
deliberatione
ejusdem
salubriter
providenda
,
et
plena
securi●a●e
et
tranquillitate
pacis
,
ad
hono●em
Dei
,
&
utilitatem
totius
regni
nostri
firmanda
,
et
totaliter
complenda
,
ac
super
quibusdam
aliis
regni
nostri
nego●●is
quae
sine
Consilio
vestro
et
aliorum
Praelatorum
et
Magnatum
nostrorum
nolumus
expediri
,
cu●
eisdem
tra●tatum
nos
habere
oportet
;
Vobis
mandamu●
rogantes
in
fide
et
di●ectione
,
quibu●
Nobis
tenemini●
quod
omni
occasione
postposita
,
&
negotiis
aliis
praetertermissi●
ad
Nos
Londoniis
.
&c.
Nobiscum
et
cum
Praedictis
Praelatis
et
Magnatibus
nos●ris
,
quos
ibid.
v●c
r●cimus
supe●
praemi●is
istis
trac●a
uri
▪
et
Consil
.
impensuri
.
Et
hoc
sicut
,
Nos
et
honorem
nostrum
ac
ve●●rum
necnon
et
communem
regni
nostri
tranquillitatem
diligitis
,
nullatenus
omittatis
.
The
Teste
of
this
Writ
to
the
Bishops
,
bears
date
of
Winchester
(
where
the
former
Parliament
was
held
)
Decemb.
14.
the
Writs
to
the
temporal
Lords
.
[
(d)
](A56189-e56920-b)
(d)
Selden●
Titles
of
Honour
p.
72●
.
724
.
Abbots
and
Peers
b●ar
date
at
Woodstock
the
24
of
this
Month
;
there
being
no
lesse
than
64
Abbots
,
36
Priors
,
the
Master
of
the
Temple
,
and
4
Dears
of
Cathedral
Churches
summoned
thereunto
,
[
(e)
](A56189-e56940-b)
(e)
Paten●
.
26
E.
3.
part
▪
1.
m.
22.
Sel●
Titles
of
Honour
,
p.
724.734
.
besides
Knights
and
Burgesses
now
first
summoned
to
that
Parliament
to
settle
peace
,
most
of
them
being
VOLUNTARIE
SUMMONITI
,
and
not
bound
of
right
to
come
,
not
holding
of
the
King
by
Barony
.
In
this
Parl.
by
judgement
of
the
King
and
Lords
SENTENTIA
EXHAEREDATIONIS
IN
REGIS
ADVERSARIOS
FEREBATUR
;
'
&
omnes
qui
contra
Regem
cum
Comite
Simoni
‛
steterunt
;
exhaeredicabantur
;
quoram
terras
Rex
suis
sideli
bus
tradidit
sine●
mora
,
pensatis
meritis
singulorum
.
The
Execution
of
this
Sentence
appears
in
the
Patent
Roll
of
50
H.
3.
m.
10.
Schedula
.
Where
the
Lands
and
Menors
of
Simon
de
Montfort
and
other
Rebels
adhering
to
him
against
the
King
,
are
confiscated
to
the
King
,
and
granted
by
him
to
sundry
others
there
mentioned
;
as
the
Lands
of
the
Barons
adhering
to
King
Lewis
against
King
John
their
native
Soveraign
,
were
in
like
manner
forfeited
to
and
granted
by
him
,
Claus.
17
Johan
.
Regis
,
dors.
7
,
10
,
11.
By
these
two
last
Parliamentary
presidents
and
proceedings
against
the
Londoners
,
Simon
Montfort
,
the
Baron●
,
and
a●
other
his
Confederates
whether
Peers
or
Commoners
in
case
of
Treason
and
Rebellion
against
the
King
,
to
the
forfeiting
of
their
antient
Customs
and
Liberties
,
imprisoning
and
fining
of
their
persons
confiscation
of
their
goods
disinheriting
them
of
their
Lands
and
Freeholds
,
by
judgment
and
●entence
of
the
King
and
Lords
,
it
is
undeniable
,
that
the
King
and
Lords
have
an
antient
undoubted
right
to
judge
and
censure
both
Peers
and
Commoners
too
in
Parliament
,
in
cases
of
Treason
and
other
misdemeanours
there
properly
triable
.
In
the
year
[
(f)
](A56189-e57060-b)
(f)
Mat.
West
.
an.
1251.
p.
3●3
,
344.
1266.
King
Henry
the
3d.
&
REGIONIS
NOBILES
assembling
together
at
Westminster
at
Christmas
,
to
treat
about
setling
the
Peace
of
the
realm
after
the
accustomed
manner
,
there
issued
out
an
Edict
against
Earl
Ferrers
,
who
was
perpetually
depri●ed
of
his
Earldom
according
to
the
form
of
his
Obligation
,
(
for
his
Treason
and
rebellion
against
the
King
)
and
Edward
the
Kings
son
was
put
in
possession
of
two
Counties
(
or
Earldoms
)
to
wit
,
Derby
and
Leicester
.
The
same
year
after
divers
skirmishes
between
the
disinherited
Baro●s
and
persons
,
and
the
Kings
forces
;
to
settle
a
firm
peace
upon
the
Legates
motion
there
was
another
Parliament
held
at
[
(g)
](A56189-e57160-b)
(g)
Mat.
West
.
ibidem
.
Kenelworth
,
wherein
by
the
accord
and
consent
of
the
King
and
Lords
,
the
persons
disinherited
,
whose
Lands
the
King
had
confiscated
for
their
Treason
and
Rebellion
in
the
two
former
Parliaments
,
were
notwithstanding
admitted
upon
their
submission
to
the
King
,
for
reasonable
fines
and
compositions
,
(
reduced
to
a
certainty
by
Bishops
,
and
other
Lords
Commissioners
)
both
to
their
Pardons
,
Liberties
,
Charters
,
and
Inheritance●
,
3.
only
exc●pted
;
their
fines
not
exceeding
3.
years
value
,
nor
to
be
under
one
;
without
any
imprisonment
,
or
loss
of
Member●
:
as
you
may
read
at
large
in
the
accord
between
them
and
the
King
at
[
*
](A56189-e57210-b)
*
Dictum
de
Kenelworth
.
Kenelworth
printed
in
the
Statutes
at
large
.
See
Par.
50
H.
3.
dors.
9.
the
Patent
Charter
and
Claus
.
Ro●s
of
50
,
51
,
52
,
53.
of
Henry
the
3.
and
Claus.
4
E.
1.
m.
15.
d●rso
.
In
the
[
(h)
](A56189-e57270-b)
(h)
Claus.
21
E.
1.
m.
3.2
.
Dorso
:
plac
.
Parl.
21.
E.
1.
pla
▪
17
:
Parliament
of
21
E.
1.
John
Archbishop
of
Yorke
was
impleaded
and
complained
against
for
excommunicating
the
Bishop
of
Durham
being
juxta
latus
Regis
per
ipsius
praecep●um
,
against
the
dignity
of
the
King
;
and
for
imprisoning
William
of
Willicon
,
and
John
Rowman
,
two
of
the
Bishops
servants
,
in
the
Castle
of
Durham
,
being
excommunicated
by
him
in
his
Ecclesiastical
Court
,
for
the
Wardship
of
certain
Lands
to
which
the
Archbishop
pretend●d
a
Right
;
the
Custody
of
which
lands
being
a
Temporal
matter
,
belonged
not
to
Ecclesiastical
cognisance
.
The
Archbishop
protes●ing
,
that
although
he
ought
not
to
answer
for
this
matter
in
the
Court
of
our
Lord
the
King
,
yet
he
was
willing
to
answer
:
And
thereupon
allegeth
,
that
the
Bishop
of
Durham
was
his
Subject
and
Suffragan
;
and
shews
the
whole
matter
and
manner
of
the
proceedings
against
him
and
his
Servants
in
his
Court
,
and
justifies
the
same
.
To
which
Richard
de
Breelwell
who
prosecuted
for
the
King
,
answered
,
that
the
Bishop
of
Durham
was
to
be
considered
in
a
twofold
estate
,
one
as
a
Bishop
,
the
often
as
an
Earl
,
in
respect
of
his
Temporalties
and
Tenements
:
In
which
l●ter
respect
he
was
not
subject
to
his
Archiepiscopal
Jurisdiction
;
to
which
the
Archbishop
replied
.
After
much
and
●ong
debate
,
it
was
adjudged
and
resolved
by
the
Lords
,
in
Parliament
▪
that
for
this
offence
,
the
Archbishop
should
be
committed
to
prison
:
and
likewise
agreed
▪
that
in
like
cases
it
should
ever
be
so
:
this
his
Excommunication
of
them
in
his
Ecclesiastical
Court
for
a
temporal
matter
:
being
an
high
contempt
against
the
King
,
to
the
disinherison
of
his
Crown
and
dignity
.
Moreover
,
he
was
adjudged
to
make
his
submission
to
the
King
,
and
to
pay
a
fine
of
4000
maerks
to
the
King
for
this
offence
.
The
Archbishop
hereupon
makes
his
submission
;
aend
after
much
mediation
to
the
King
by
his
friends
,
his
imprisonment
was
remitted
,
but
the
King
would
not
abate
one
penny
of
his
sine
,
for
the
due
payment
whereof
,
he
was
enforced
presently
to
enter
into
a
Recognisance
;
and
so
dismissed
.
The
Record
is
very
long
,
worthy
perusal
,
but
this
is
the
summary
of
it
.
Anno
1283.
[
(i)
](A56189-e57450-b)
(i)
Walsingh
.
Ypodigma●
Neustriae
,
p.
7
●
Mat.
West
.
an
1283.
p.
371.
after
the
feast
of
St.
Michael
in
PARLIAMENTO
tento
Salopiae
,
David
quondam
frater
Lewlini
Principis
Walliae
,
per
Potentiores
Angliae
judicatus
,
judicialiter
condemnatus
,
ad
caudas
equorum
per
municipium
Salopiae
,
tractus
et
suspensus
est
,
visceribusque
combustis
,
corpus
capite
truncatum
,
&
in
quatuor
partes
est
divisum
,
quibus
in
Civitatibus
Angliae
Nobilioribus
suspensis
,
caput
Londoniis
super
palum
fixum
est
,
ad
terrorem
consimilium
proditorum
.
[
(k)
](A56189-e57530-b)
(k)
Tho.
Walsingham
,
Hist.
Angl
p
,
34
,
35.
Ypodigmae
Neustriae
,
p.
82
,
83.
Mat.
Westm.
anno
1296
,
1297.
p.
405.407
.
Antiq.
Eccles.
Brit.
p.
209.
to
220.
Godwins
Catalogue
of
Bishops
,
p.
125
126.
Fox
Acts
&
Monum
.
p.
310
,
311.
Holinshed
,
p.
301
,
302.
King
Edward
the
1.
Ann.
1297.
the
14.
of
his
reign
holding
a
Parliament
at
St.
Edmonds
,
where
there
was
granted
him
an
8.
part
of
the
goods
of
Cities
and
Boroughs
,
and
a
12.
part
of
the
rest
of
the
people
:
the
Clergy
by
reason
of
the
Constitution
of
Pope
Boniface
made
that
year
,
prohibiting
under
pain
of
Excommunication
,
that
no
Taxes
nor
exaction●
should
by
any
means
be
exacted
from
the
Clergy
by
secular
Princes
,
or
payd
by
them
of
the
goods
of
the
Church
,
denyed
the
King
a
Subsidy
which
he
demanded
of
them
to
maintain
his
wars
.
Whereupon
the
King
that
they
might
deliberate
of
a
better
answer
,
deferred
the
business
to
another
Parliament
to
be
held
at
London
the
next
day
after
St.
Hillary
,
An.
1298.
The
Parliament
then
assembling
,
the
Clergy
therein
persisted
in
their
denyal
of
a
Subsidy
,
upon
the
foresaid
ground
;
The
King
thereupon
(
by
his
Nobles
advice
)
excluded
them
from
his
protection
,
and
prohibited
any
Lawyers
to
plead
for
them
in
the
Exchequer
or
before
any
other
Regular
Judge
,
as
being
unworthy
of
his
peace
,
and
seised
all
the
goods
,
movables
and
immovables
of
Clergy
men
found
in
Lay
fees
,
and
confiscated
them
.
To
redeem
which
Protection
many
of
the
Clergy
by
themselves
,
and
many
by
Mediators
afterwards
gave
the
King
a
fift
part
of
their
goods
.
The
King
finding
the
Archbishop
more
rigid
than
the
rest
,
seised
all
his
lands
,
and
commanded
all
his
debts
found
in
the
Rolls
of
the
Exchequer
to
be
speedily
levied
on
his
goods
:
For
the
same
Archbishop
by
the
assent
of
the
Clergy
had
procured
from
the
Pope
an
Inhibition
;
Ne
quis
Clericorum
Regi
respiceret
,
de
bonis
Ecclesiae
.
The
Clergy
being
thus
put
out
of
the
Kings
Protection
,
and
thereby
disabled
to
sue
,
or
sit
in
Parliament
,
were
secluded
the
Parliament
house
,
the
King
holding
the
Parliament
with
the
Temporal
Lords
and
Commons
alone
,
and
making
valid
,
good
Acts
and
Ordinances
therein
in
this
case
without
the
Clergy
,
as
[
(l)
](A56189-e57660-b)
(l)
Defence
of
the
Apolog.
pr.
6.
c.
2.
p.
521
,
522.
Bishop
Jewel
[
(m)
](A56189-e57680-b)
(m)
Jurisdiction
of
Courts
f.
19.
M.
Crompton
,
[
(n)
](A56189-e57700-b)
(n)
True
Difference
between
Christian
Subjection
,
and
Unchristian
Rebellion
,
part.
3.
p.
541.
See
my
Antipathy
of
the
English
Lordly
Prelacy
to
Unity
and
Monarchy
,
part
1.
p.
50.
part
2.511.460
.
Dr.
Bilson
and
others
affirm
;
which
Dr.
Standish
averred
he
might
lawfully
doe
before
the
Kings
Council
and
a
Committee
of
Lords
and
Commons
,
in
the
Parliament
of
7
H.
8.
Keilwayes
Reports
,
f.
184.
b.
Sir
Edward
Cooke
being
of
the
self●ame
opinion
in
his
4
Institutes
,
p.
25.
citing
other
Presidents
of
this
kind
to
prove
,
that
Acts
may
be
made
without
the
Bishops
,
as
15
E.
2.
Exilium
Hugonis
le
Dispenser
.
3
Rich.
2.
c.
3.7
Rich.
2.
c.
12.11
R.
2.
n.
9
,
10
,
11.
21
R.
2.
n.
9
,
10.
1
H.
5.
c.
7.6
H.
6.
n.
27.
Peter
de
Gaverston
[
(o)
](A56189-e57880-b)
(o)
Mat.
West
.
p.
463.
Thom.
Walsingham
,
Ypodigm
.
Neustriae
,
p.
99
,
100.
Hist.
Angliae
,
p.
68
,
69
,
70.
to
77.
See
Holinshed
,
Giaf●on
,
Stow
,
Speed
,
Daniel
,
Sir
Richard
Baker
,
and
others
in
Edward
S.
Henry
de
Knyghton
,
de
Eventibus
Angliae
,
l.
3.
c.
13
,
14
▪
a
de●
oi●
lascivious
person
▪
for
his
misdemeanours
,
and
corrupting
Prince
Edward
,
with
whom
he
was
educated
from
his
infancy
)
in
the
year
1306
in
a
Parliament
then
held
by
King
Edw.
the
1.
assensu
Communi
Procerum
,
fuerat
exilio
penpetuo
condemn●tus
.
This
King
was
no
sooner
dea●
,
and
the
Crown
descending
to
King
Edward
the
2.
but
he
presently
recalled
Gaverston
from
his
exile
,
against
the
will
of
the
Lords
,
made
him
Earl
of
Cornwall
,
and
gave
him
the
Isle
of
Man
:
An.
1307.
the
very
first
year
of
his
reign
.
He
being
more
high
in
the
Kings
favo●r
,
more
glorious
in
his
apparel
,
and
insolent
in
his
behaviour
than
any
other
;
thereupon
,
Anno
1309.
Regni
Proceres
et
Nobiliores
viden●es
se
contemni
,
&
Petrum
de
Gave●on
cunctis
anteferri
,
access●runt
ad
Regem
,
humiliter
rogantes
,
ut
Baronum
suorum
vellet
consiliis
tractare
Regni
negotia
,
quibus
a
pericu●
sibi
imminentibus
non
solum
cautior
,
sed
t●tior
esse
possit
.
Quorum
votis
facie
tenus
Rex
annuit●
Parliamentum
Londini
institu●t
fiori
,
ad
quod
omnes
qui
interesse
debebant
(
mark
it
)
venire
mandavit
.
The
Parliament
there
assembling
Anno
1310.
Decreto
Parliamenti
,
ad
Baronum
instantiam
,
Petrus
de●
Gaver●on
in
Hyberniam
,
Exilio
relegatur
.
No
sooner
was
the
Parliament
ended
,
but
the
King
caused
special
writs
to
be
written
and
sealed
in
his
own
presence
,
for
recalling
Gaverston
from
his
exile
,
and
restoring
him
to
his
Lands
;
which
writs
he
took
into
his
own
hands
for
a
time
,
and
then
sent
them
to
the
Sheriffs
,
with
special
command
to
see
them
duly
executed
,
under
grievous
penalties
,
In
these
[
*
](A56189-e58120-b)
*
Claus.
5
E.
2.
m.
155.
Writs
he
recites
,
that
Mounsieur
Piers
de
Gaverston
Earl
of
Cornwal
,
was
of
late
exiled
out
of
ou●
Realm
,
against
the
Laws
and
Vsages
of
the
said
Realm
,
which
he
was
bound
to
keep
and
maintain
by
the
Oath
he
took
at
his
Coronation
.
For
which
cause
he
did
out
of
that
common
right
and
justice
which
was
due
to
all
his
Subjects
,
recall
and
restore
him
,
without
the
Lords
,
against
their
wills
;
as
the
writs
in
the
Clause
Rolls
inform
us
.
[
(p)
](A56189-e58170-b)
(p)
Ypodigma
Neustriae
,
p.
99
,
100.
Thomas
of
Walsingham
thus
relates
the
manner
of
it
,
and
ill
consequence
thereof
to
Gaverstons
ruine
,
in
these
words
.
Soluto
Parliamento
cunctis
gaudenter
ad
sua
disced
n●ibus
,
rex
remansit
tristis
,
cogitans
&
disquirens
cum
privato
suo
concilio
,
qualiter
posset
ipsum
ab
exilio
revocare
.
Suggestumque
fuit
〈◊〉
q●od
si
sororei●
Comitis
Gloverniae
,
qui
pro
●unc
〈◊〉
j●venis
●o●i
〈◊〉
,
&
sub
tu●
Regis
,
prae●a●o
Pet●
〈…〉
co●uge●
,
posset
ipsum
intrepide
revocare
.
〈◊〉
hi●s
audicis
cum
omni
festinatione
missis
nuneil●●●cersivit
e●m
,
&
inter
ipsum
&
sororem
Comicis
fecit
celebrati
nuptiae
,
licet
multum
Gomi●i
displicerent
.
E●i●de
Petrus
superbiens
plus
solito
,
regni
nobiles
vilipendit
,
subsannabat
Proceres
,
mediocresque
despexir
,
Et
quia
Rex
permiserat
sibi
faculta●em
pene
facien●i
qu●e
vellet
,
quantum
ad
ea
quae
respiciebant
personam
regiam
,
caepit
sicut
prius
thesaurum
regis
colligere
,
&
negotiatoribus
ultra
marini●
accommo
lare
,
non
ad
usus
quidem
regios
,
sed
suos
proprios
.
Qui
in
tantum
expilavit
regem
,
ut
non
haberet
unde
solveret
expensas
solitas
domus
suae
.
Regina
vero
tantum
rebus
necessariis
arctab●tur
,
ut
regi
Franciae
patri
suo
lachrymabiliter
quereretur
,
honore
debito
se
privatam
.
Barones
igitur
considerantes
,
quod
eorum
tollerantia
Petro
malignandi
praestabat
au●atiam
,
domino
regi
denunciaverunt
assensu
communi
,
ut
vel
dictum
Petrum
a
sua
propelleret
comitiva
,
articulosque
provisos
effectui
manciparet
,
vel
ips●
certe
in
eum
tanquam
perjurum
insurgerent
.
Durus
videbatur
hic
sermo
regi
quia
Petro
carere
nescivit
,
sed
plus
periculi
cernebat
emergere
,
si
petitionibus
Proce●um
non
ob●emperaret
.
Petrus
igitur
abjurat
regnum
▪
regis
plus
●ermissione
quam
beneplacito
addita
a
Baronibus
conditions
,
quod
si
de
caetero
posset
in
veniri
in
Anglia
vel
aliqua
terra
regi
subiecta
,
caperetur
,
et
velut
hostis
public●s
damnaretur
.
Igitur
sub
praemura
conditione
da●o
sibi
conductu
,
Angliae
regnum
I●gons
desernit
&
Franciam
est
ingressus
.
Quo
adito
Rex
Francorum
jussit
suis
ut
eum
caperent
,
si
quo
modo
possent
,
&
diligente●
cus●odirent
,
n●
dire●
in
Angliam
,
&
Proceres
sicut
prius
turbaret
,
&
filt●m
.
Petrus
de
●is
praemonitus
fugit
in
Fland●iam
,
ibi
quae●iturus
requiem
nec
invenit
.
Tandem
cum
suis
consortibus
a●ienigenis
redivit
in
Angliam
,
de
amicitra
confisus
Comitis
Gloverniae
cujus
sororem
duxerat
in
uxorem
.
Parum
ante
festum
natalis
domini
,
regis
se
presentavit
ob●utibus
,
qui
prae
gaudio
sui
adventus
,
juramenta
,
pacta
,
promissa
,
negligens
,
tanquam
coeleste
munus
hilariter
suscepit
eum
,
&
secum
detinuit
cum
familia
sua
tota
.
Anno
1311.
post
natale
rumore
vulgato
de
Petri
reversione
,
regni
Magnates
&
plebei
conturbati
sunt
.
Qui
necessitate
ducti
,
elegerunt
sibi
Thomam
de
Lancastria
in
ducem
et
defensorem
,
ut
periculis
consulerent
&
malis
futuris
.
Nobiliores
vero
regni
de
communis
de●reti
sententia
,
miserunt
honorabiles
domino
regi
nuncios
exorantes
,
ut
vel
dictum
Petrum
eis
traderet
,
vel
ut
ordinatum
fuerat
ipsum
regnum
evacuare
juberet
.
Rex
vero
sinistro
ductus
consilio
,
Baronum
supplicationes
parvipendens
,
ab
Eboraco
recessit
ad
Novum
Castrum
.
Magnates
proinde
sub
omni
celeritate
ad
Novum
Castrum
iter
arripuere
.
Quod
cum
Rex
audisset
,
quasi
proscriptus
aut
exul
,
fugit
cum
dicto
Petro
Tynemutham
,
et
inde
Scardeburgiam
ubi
habebatur
castrum
regale
,
ubi
praecepit
Castellanis
,
ut
custodiam
Petri
susciperent
&
castellum
victualibus
instaurarent
,
rege
se
alias
transferente
,
nec
opem
ferre
valente
,
quin
caperetur
&
reduceretur
usque
ad
villam
de
Dadington
.
Ubi
Comes
Warwici
,
Guido
de
bello
campo
fecit
eum
decollari
tanquam
legum
regni
subversorem
&
publicum
proditorem
;
Communi
Iudicio
.
Which
he
more
amply
relates
in
his
History
of
England
,
p.
69.
to
77.
Here
we
have
judgement
of
banishment
given
against
Gaverston
by
the
Lords
in
Parliament
3.
several
times
▪
the
1.
whiles
a
Commoner
;
the
two
later
whiles
an
Earl
,
as
an
Enemy
to
the
Realm
and
publike
Traytor
;
and
a
Sentence
of
death
denounced
against
him
,
in
case
he
returned
;
which
was
accordingly
executed
on
him
by
the
common
Sentence
of
the
Lords
;
A
Convincing
proof
of
their
Jurisdiction
in
criminal
Causes
,
both
over
Commoners
and
Peers
.
His
second
banishment
by
the
Lords
,
was
ratified
by
a
Bill
,
(
as
the
Spencers
was
)
to
which
the
Commons
gave
their
Assent
,
(
as
they
did
to
two
Acts
in
the
Parliament
of
7
Edward
the
2.
printed
in
Totles
Magna
Charta
,
part.
2.
f.
43
,
44.
Ne
quis
occasionetur
pro
reditu
;
as
also
,
pro
morte
Petri
de
Gaverston
,
made
by
the
Grant
and
Assent
of
the
King
,
Archbishops
,
Bushops
,
Abbots
,
Priors
,
Earls
and
Barons
,
ET
TOUTE
LA
COMMVNALTIE
de
nostre
Royalm
;
)
By
which
Bill
his
Lands
were
all
forfeited
and
give●
to
the
King
;
as
appears
by
Claus.
1.2
E.
2.
m.
5.
where
Hugh
de
Audeley
the
younger
,
and
Margaret
his
wife
,
petitioned
;
A
nostre
Seigneur
la
Roy
&
son
Counscil
,
PRELATES
,
COUNTS
&
BARONS
de
la
terre
:
The
Petition
was
for
the
Earldom
of
Cornwall
after
the
death
of
Peter
de
Gaverston
,
to
whom
it
was
given
in
general
tayl
,
Margaret
being
his
daughter
and
heir
;
because
THE
▪
GREAT
CHARTER
wills
,
that
after
the
death
of
a
Baron
,
his
heir
shall
have
his
heritage
and
mariage
;
and
the
Statute
of
Westminster
2.
wills
,
That
heirs
in
tayl
shall
not
be
prejudiced
by
the
deed
,
fine
or
feofment
of
their
Ancestors
▪
and
the
GREAT
CHARTER
also
wills
,
That
no
man
shall
be
outed
of
his
freehold
,
without
the
award
and
judgement
of
the
Law
of
the
Land
.
Afterwards
upon
debate
of
this
Petition
,
pro
eo
quod
recordatum
fuit
by
the
LORDS
AND
COMMONS
,
that
it
had
been
AGREED
BY
THEM
,
that
all
things
given
by
the
King
to
Gaverston
and
Margaret
,
should
be
revoked
;
per
quod
in
hoc
Parliamento
modo
per
praefatos
Praelatos
,
Comite●
,
Barones
,
et
totain
Communitatem
Regni
cousideratum
est
,
that
the
Earldom
and
all
the
rest
of
his
Land●
should
remain
in
the
King
:
that
all
Charters
of
it
should
be
repealed
,
all
enrolments
cancelled
;
&
quod
est
adjudicatum
intretur
ad
Scaccarium
,
et
ad
utrumque
C●ri●m
,
there
to
be
inrolled
also
.
And
there
is
a
writ
directd
to
the
Treasurer
and
Barons
and
Chief
Justices
of
both
Benches
to
inrol
it
,
in
this
Roll.
This
judgement
being
by
way
of
Bill
,
in
pursuance
of
the
former
Bill
for
his
attainder
,
had
the
Commons
assent
thereto
,
as
well
as
the
Lords
,
though
the
Peti●ion
here
was
directed
only
to
the
King
and
Lords
,
for
restitution
,
not
to
the
Commons
▪
who
could
not
be
Gaverstons
proper
Judges
in
Parliament
,
being
a
Peer
,
but
only
by
way
of
Bill
of
Attainder
.
In
the
15
year
of
King
Ed.
2.
the
two
Sir
Hugh
Spencers
Father
and
Son
,
were
articled
against
,
impeached
and
condemned
of
High
Treason
by
the
Lords
in
Parliament
,
and
exiled
by
their
judgement
,
without
the
Prelates
or
Commons
,
who
only
consented
to
the
Act
for
their
banishment
after
the
judgement
given
,
of
which
at
large
before
;
[
[x]
](A56189-e58680-b)
[x]
Exilium
Hugonis
le
Dispenser
15
E.
2.
Totles
Magna
Charta
,
f.
52
,
53
,
54.
Walsingham
Hist.
Angl.
p.
91
,
92.
Henry
de
Knyghton
de
Event
.
Angl.
l.
3.
c.
14.
col.
2539.
to
which
I
shall
here
annexe
the
Arricles
of
their
impeachment
being
very
memorable
.
Alhonnour
de
Dieu
&
de
sainct
esglise
,
et
de
nostre
seignour
le
roy
,
et
au
profite
de
luy
,
et
de
son
royalm●
,
&
a
peace
de
quiete
maintenir
en
son
people
,
et
pur
meinteynment
de
lestate
de
la
Corone
,
luy
monstrent
Praelates
,
Coun●z
,
et
Barons
,
et
les
autres
Pieres
de
la
terre
,
&
common
du
royalme
contresir
Hugh
le
Despenser
le
fitz
,
et
Sir
Hugh
le
Despenser
le
Pier
,
que
come
le
dit
sire
Hugh
le
Despenser
le
fitz
au
Parlement
Deverwike
fuit
nosme
et
assentu
destre
en
lossice
du
Chamberlain
nostre
seignor
le
roy
de
servir
en
cel
office
,
come
afferoit
:
An
quel
parlement
fuit
auxi
assentu
,
que
certeins
Prelates
et
●u
res
Grandes
du
roialme
demorerent
pres
de
roy
par
s●isons
de
lan
,
pur
meulx
counseiler
nostre
seignor
le
roy
,
sans
queux
nul
grosse
bosoigne
ne
se
deveroit
fair
:
le
dit
sir
Hugh
le
fitz
attreit
a
luy
syr
Hugh
son
pier
,
que
ne
fuit
nient
assentu
ne
accorde
en
parlement
,
a
demourer
ensi
pres
de
roy
,
&
enter
eux
deux
,
acroachant
a
eux
royal
power
sur
le
roy
&
ses
ministers
,
&
le
guyment
de
son
royalme
,
a
dishor
our
du
roy
,
emblemisement
de
sa
corone
,
et
destruction
du
royalme
,
des
grandes
et
du
people
,
et
sesoient
les
maluesiees
des●us
escriptes
en
compassant
de●●oigner
le
coer
nostre
seignour
le
roy
des
Piers
de
la
terre
pur
avoir
eux
soule
governance
de
la
terre
.
En
primes
que
sir
Hugh
le
Dispenser
le
fitz
feusi
coruce
vers
le
roy
,
et
sur
ceo
coruce
fist
un
bille
,
sur
la
quel
bille
,
il
voillet
auoir
en
aliance
de
sir
John
Gyffarde
de
Brymmesfeld
,
sir
Richard
de
Greye
,
et
dautre
davoir
mesne
le
roy
par
aspertee
de
faire
sa
volunte
;
issent
que
en
luy
ne
temist
mye
,
que
il
ne
●e
eu●t
fair
,
●a
tenure
de
la
bille
sensuit
sous
escript
.
Homage
&
serement
de
ligeance
est
pluis
par
reson
de
la
corone
,
que
per
reason
de
person
le
roy
,
&
pluis
se
lie
a
la
corone
que
a
la
person
,
&
ceo
piere
que
avant
que
●estate
de
la
corone
soit
descendu
,
nul
ligeance
est
a
la
person
regardant
.
Dont
si
le
roy
par
case
ne
se
meisne
par
reasone
en
droit
de
la
corone
,
les
leiges
sont
lies
per
s●rement
fait
a
la
corone
de
remeuer
le
roy
,
et
le
state
de
la
corone
par
reason
:
&
au●rement
ne
serroit
le
serement
tenus
.
Ore
fait
a
demander
coment
lem
doit
amesner
le
roy
,
ou
par
suite
de
ley
,
ou
par
aspertee
?
par
suite
de
ley
ne
luy
poet
home
pas
redresser
:
●ar
il
navera
pas
juge
,
si
ceo
ne
soit
depart
le
roy
.
En
quel
case
si
la
volunte
le
roy
ne
soit
accordant
a
reason
,
si
naveroit
il
forsque
errour
maintenue
&
confirme
.
Dont
il
covient
pur
le
serement
lauuer
,
et
quant
le
roy
ne
voet
chose
redresser
&
oustre
que
est
pur
le
common
people
malueis
et
damageous
pur
la
corone
,
a
judger
est
que
la
chose
soit
ousle
par
aspertee
,
que
il
est
lie
par
●on
serement
de
governer
son
people
&
ses
lieges
,
&
ses
liege
,
●ont
lies
de
govern
en
eide
de
luy
,
&
en
defaut
de
luy
.
Et
auxint
,
par
lour
covin
&
malveistz
mesneront
&
male
conseileront
nostre
seignour
le
roy
,
si
que
a
sa
presence
,
quel
il
doit
de
son
devoir
monstrer
a
les
grandz
,
et
a
son
people
,
&
a
les
graces
&
droit
que
eux
luy
requeront
responder
ne
luy
fil●
point
forsque
a
la
volunte
&
a
la
taille
les
ditz
sir
Hugh
,
&
sir
Hugh
,
en
oustance
le
roy
d●
son
devoir
contre
son
serement
,
et
les
●ueurs
des
grandes
et
du
people
de
son
seignour
liege
.
Auxint
,
mesnes
ceux
par
lour
male
conueigne
ne
suffrerent
pas
les
grands
du
realme
,
ne
les
bons
counsellors
le
roy
parler
ne
approcher
le
roy
pur
luy
bien
counseyler
,
ne
le
roy
parler
a
eux
,
et
a
lour
volunte
,
et
solone
lo●
taille
,
et
chose
que
ils
voillent
in
rebotaun●es
les
grandes
et
les
bons
counseilors
le
roy
de
lour
bone
volunte
●uers
lour
seignour
liege
,
et
acroachaunt
a
eux
royal
power
▪
maistree
,
&
soveraigntie
sur
la
persone
le
roy
,
a
grand
dishonour
et
peril
du
roy
,
&
de
la
corone
,
&
de
son
royalm
.
Auxint
mesmes
ceux
pur
attainder
a
lour
malvesiees
,
&
covesties
,
et
disheritance
des
grandz
de
la
terre
,
et
destruction
du
people
,
ousleront
bones
et
cove●ables
ministers
que
●urent
mis
par
assent
,
et
ministrent
au
res
faux
&
malueys
de
lour
covine
,
que
ne
suffrent
droit
estre
fait
,
et
viscountz
,
escheitour
,
conestables
des
chastelx
,
et
autres
en
les
offices
du
roy
,
nient
covenables
pur
le
roy
,
ne
pour
le
people
,
&
fesont
mettre
Justices
,
nient
conusant
en
ley
de
la
terre
,
doier
et
terminer
les
choses
tounchant
les
grandes
et
le
people
du
royalme
,
si
come
le
dit
sir
Hugh
le
pere
,
sir
Raufe
de
Basset
,
sir
Rafe
Camoys
,
and
sir
John
Juge
,
et
autres
lour
alies
et
jures
especialment
:
&
par
covine
de
tielz
ministres
,
&
lour
faux
procurours
&
fautours
sauxement
fesoient
enditer
par
faux
jurrours
de
lour
alliaunce
les
Peres
de
la
terre
,
cest
a
scauoir
le
Count
de
Hereford
,
mon
sir
Gyffard
de
Brumfelde
,
et
mon
sir
Robert
de
Mouchant
,
et
autres
bons
gentz
,
pur
couetise
davoir
lour
terres
,
&
issint
eeo
que
denst
estre
a
la
maintenance
de
la
peax
,
&
des
bons
,
&
punishment
des
malueis
,
mesneront
a
disheritance
des
grandes
et
destruction
del
people
.
Auxint
,
fauxement
&
malueisement
counseileront
nostre
seignor
le
roy
daler
oue
chiualx
&
et
as
armes
vers
les
parties
de
Gloucester
,
et
luy
sierent
chiuaucher
et
les
gent
armes
en
cels
parties
a
cour
sur
les
bons
gentz
contre
la
forme
de
la
grande
chartre
,
et
lesgard
des
Piers
de
la
terre
:
&
issent
par
lour
faux
et
malueis
counsell
,
voloient
avoir
mou
guerre
en
la
terre
,
a
destruction
de
saint
esglise
et
de
people
pur
lour
querel
propre
.
Auxint
,
lou
le
count
de
Herford
,
et
le
seignor
de
wygmore
par
commandement
de
roy
assign
dalier
de
guerre
sur
Thlewelyn
Bten
,
que
feust
leue
encounter
le
roy
en
Glamorgan
,
an
t
come
les
terres
furent
en
mayn
de
roy
par
la
morte
le
count
de
Gloue
,
le
dit
Thlewelyn
se
rendist
a
les
ditz
seignours
a
la
volunte
le
roy
en
sa
grace
,
et
ses
seignours
luy
par
mittrent
bone
grace
,
et
sur
tiel
condicion
le
recovererent
,
et
luy
liverent
a
nostre
seignour
le
roy
.
Et
nostre
seignour
le
roy
en
tiel
fourme
luy
receust
,
et
puis
come
les
ditz
seignours
feurent
ho●s
de
la
terre
,
les
ditz
Syr
Hugh
le
fitz
,
e●
Sir
Hugh
le
piere
,
que
avoient
●croche
royal
po●ar
,
sicome
de
suis
est
,
pristent
le
dit
Thlewelyn
,
et
luy
mesnerent
a
Cardiff
,
puis
que
Syr
Hugh
le
fitz
feust
seisies
illonques
de
sa
pur
partie
,
et
par
lour
coveigne
en
parnant
jurisdiction
lou
nul
est
en
cel
case
ne
poient
par
reason
avoir
,
et
luy
firent
illonques
:
treiner
et
pender
,
decoller
,
et
quartroner
felonousement
pur
chose
fair
entemps
le
roy
Henry
.
Et
ensi
purparnant
roial
poyar
et
jurisdiction
,
que
appendant
a
la
Corone
en
disheritance
de
la
Corone
,
et
a
deshonour
nostre
seignor
le
roy
,
et
des
dites
seigneure
de
Hertford
et
de
Mortimer
,
et
en
malveis
exemple
et
graunde
perill
,
par
case
en
temps
a
venir
.
Et
auxint
male
counseilant
nostre
seigneur
le
roy
de
prender
en
sa
mayn
les
terres
et
les
chateux
Sir
Hugh
Dundle
le
fitz
:
et
le
foriugerent
de
ses
terres
sans
du
proces
solonques
la
lee
de
la
terre
,
pur
covetise
davoir
acroche
au
dit
Sir
Hugh
le
Dispenser
le
fits
certeins
terres
.
Et
par
autre
faux
compassements
compassa
davoir
les
terres
mon
Sir
Roger
Dammorie
pour
avoir
atteynt
par
tielx
et
faux
compa●sementz
al
entire
del
Counte
de
Gloucestre
,
en
disheritance
des
piers
de
la
terre
.
Auxint
la
ou
nostre
seigneur
le
roy
,
par
ses
letters
patentz
desous
son
grande
seale
en
plain
Parlement
a
West●
grant
a
Counte
de
Warwike
,
que
si
mort
luy
avenust
,
que
les
executours
puissent
avoir
ses
tertes
,
tanque
al
age
son
heir
:
la
quel
grant
puis
la
mort
du
dit
Count
le
roy
confirma
a
son
parlement
a
Nicolne
,
al
request
et
par
assent
de
piers
de
la
terre
,
le
dit
Sir
Hugh
le
Despenser
le
pier
,
par
meintenance
,
abbette
,
et
procurement
le
dit
Sir
Hugh
son
fitz
,
fist
nostre
feigneur
le
roy
repeller
ce
le
fait
sans
encheson
,
et
baille
au
dit
Sir
Hugh
le
pier
.
pur
son
propte
profit
,
la
garde
de
mesmes
celes
terres
,
et
issint
d
fesantz
par
lour
malveis
counseil
ceo
que
le
roy
lour
avoit
graunt
en
ses
parlementes
par
son
bon
counseile
,
et
par
assent
des
piers
de
la
terre
,
a
deshonour
du
roy
,
et
encountre
droit
et
raison
.
Auxint
,
mesmes
ceux
nount
pas
suffertz
nostre
seigneur
le
roy
prender
resonable
fines
des
piers
de
la
terre
,
et
autres
que
sont
entre
son
fee
,
come
ad
este
use
eins
ces
●eurs
:
Mes
pur
covetise
dattendre
a
tielx
terres
,
par
poiar
roial
a
eux
accroche
,
ount
sait
metter
en
teiels
bosoigne
non
dues
empechementes
,
surmettantes
la
terre
estre
forfair
,
come
de
Mounsire
John
de
Mombray
pur
les
terres
de
Gower
,
et
des
autres
,
a
damage
et
dishonour
nostre
seignour
le
roy
,
et
countre
la
loy
de
la
terre
,
en
desheritance
des
grandes
et
des
auters
du
Royalm
,
ensi
feisant
le
roy
veer
en
parlement
contre
son
serement
.
Auxint
,
pur
lour
malveis
covetise
,
et
par
poiar
roial
a
eux
acroche
,
ne
susterent
nostre
seignor
le
roy
doier
,
ne
droit
fair
'
as
grandes
de
la
terre
,
sur
la
demonstrance
que
ilz
fesoient
a
luy
,
pur
luy
et
pur
eux
de
la
disheritance
de
la
corone
et
de
eux
,
touchant
les
terres
que
furent
as
templers
.
Et
issint
par
yoiar
roial
a
eux
accroche
ont
ils
mesne
nostre
seignour
le
roy
,
son
counseil
et
ses
prelatz
,
que
des
choses
touchant
eux
ou
lour
alies
,
ount
emprise
et
embrace
par
eux
que
droit
ne
poet
estre
fait
forsquea
lour
volunte
,
et
a
dammage
et
a
dishonour
de
nostre
dit
seigneur
,
et
peryl
de
son
serement
,
et
dishinheritaunce
,
et
destruction
de
plusours
autres
grandes
du
people
de
son
royalme
.
Et
auxint
de
eslues
as
evesque
abbes
,
et
priours
,
que
devoient
de
droit
estre
resceux
de
nostre
seignour
le
roy
,
lou
ils
sont
en
due
maner
estues
,
ne
poient
approcher
a
nostre
seignour
le
roy
,
ne
one
luy
parler
de
querer
sa
grace
,
tanque
ils
avoient
fait
sine
et
fret
Sir
Hugh
le
fitz
a
sa
volunte
.
Ne
nul
que
eust
grant
aquere
de
nostre
seignour
le
roy
,
ne
poet
a
nul
grant
atteinder
avantque
ilz
avoient
faitfine
a
luy
.
Estre
ceo
lou
John
de
Lacchelegh
et
autres
fuerent
agardes
a
la
prisone
pur
un
trespas
que
ils
avoient
fait
a
la
dame
de
Merk
,
a
damag'
.
de
la
dist
dame
de
M.
Centz
marcz
,
dont
ils
furent
atteintz
devant
mon
Sir
Robert
de
Middyngle
er
ses
compaignons
Justices
assignes
a
oier
et
terminer
cel
temps
,
cel
trespas
,
et
le
dit
John
feust
en
la
prison
de
Colcestre
par
la
gard
suisdit
,
Sir
Hugh
le
fitz
accrochantz
a
luy
roial
poiar
amesna
le
di●
Iohn
▪
hors
de
la
prison
,
contre
leye
de
la
te●re
,
eius
que
il
avoir
fait
gree
a
la
dit
dame
des
damages
avantditz
,
et
luy
fist
vender
sa
terre
a
luy
,
et
●ever
sur
ceo
un
fine
.
Claus
:
16
E.
2.
m.
5.
There
is
this
memorable
case
recorded
.
The
King
being
at
Bishops
.
Thorpe
near
York
;
held
a
Council
with
his
Lords
(
divers
of
which
are
there
named
)
concerning
the
Truce
with
Scotland
:
inter
qu●s
Nobiles
,
Hen.
de
Bellamont
Baro
,
&
de
Magno
et
secreto
Concillo
ipsi
Domino
Regi
juratus
,
vocatus
fuit
,
&
ibidem
venit
.
Being
there
pre●ed
by
the
King
to
give
his
advice
herein
,
quodam
motu
excessius
,
&
animo
quasi
irreverents
dicto
Domino
Regi
saepe
respondit
:
quod
sibi
consulere
noluit
in
hac
parte
.
Whereupon
the
King
commanded
him
thence
:
Upon
which
he
went
out
of
the
Council
,
and
said
:
He
had
rather
be
absent
,
than
there
.
Upon
which
contemptuous
carriage
and
words
consideration
being
had
by
the
Lords
and
Council
,
&
by
all
the
Iudges
&
Barons
of
the
Exchequer
,
being
there
amongst
others
(
to
wit
,
as
assistants
)
in
regard
he
was
sworn
,
and
had
taken
the
Oath
of
a
privy
Counsellor
to
the
King
,
being
called
in
again
,
Committitur
Scalae
Prisonae
pro
contemptu
&
inobedientia
praedictis
.
After
which
he
was
let
to
mainprise
;
and
a
truce
being
there
concluded
with
the
Scots
;
thereupon
the
writs
ad
arma
,
&c.
were
revoked
,
that
were
formerly
i●sued
to
the
Tenants
by
Escuage
and
Knights
service
.
In
the
[
(h)
](A56189-e58990-b)
(h)
Henry
de
Knyghton
de
Event
.
Angl.
l.
3.
c.
16.
col.
2255.
Walsingham
H●st
.
Angliae
,
p.
100.
101.
Ypodigma
Neustriae
,
p.
111.
Claus.
4
E.
3.
m.
18.
dorso
.
Parliament
held
at
Winchester
,
Ann.
2
E.
3.
Edmund
Earl
of
Kent
the
Kings
Uncle
,
by
the
instigation
and
power
of
Roger
Mortimer
Earl
of
March
,
was
arrested
,
impeached
,
condemned
and
execut●d
,
for
conspiring
and
attempting
to
rescue
his
Brother
King
Edward
the
2.
and
saying
he
was
alive
,
after
the
time
he
was
murdered
;
which
Treason
,
was
said
to
be
manifestly
proved
by
Letters
found
about
him
,
and
by
his
own
voluntary
confession
before
the
Coroner
(
recorded
in
Walsingham
,
and
the
Clause
Roll
of
4
E.
3.
)
which
Letters
and
confession
were
openly
read
in
Parliament
;
pur
que
oue
le
assent
des
Countz
,
Barons
et
autres
Grantz
et
Nobles
●n
mesme
le
Parliament
,
par
agard
dicelle
,
estoiet
le
dit
Count
come
Nostre
Trayture
et
Traiture
de
Royalm
adjudge
a
la
mort
:
as
the
King
himself
recites
in
his
Writs
and
Letters
to
all
Sherifs
.
Claus.
4
E.
3.
m.
16.
dorso
;
Demorte
Edmundi
nuper
Comitis
Cantii
publicanda
;
commanding
them
to
publish
this
as
the
cause
and
manner
of
his
death
,
and
to
arrest
all
those
that
said
,
King
Edward
the
2.
was
alive
,
or
that
the
said
Earl
of
Kent
was
otherwise
put
to
death
.
So
that
by
this
record
,
being
a
Peer
;
he
was
adjudged
to
death
only
by
the
Earls
,
Barons
,
Great
men
and
Nobles
in
Parliament
,
without
the
Commons
,
not
named
in
this
record
.
And
therefore
[
(g)
](A56189-e59200-b)
(g)
Cottoni
Posthuma
,
p.
349.
the
Kings
Letter
to
the
Pope
in
4
E.
3.
relating
the
proceedings
and
judgement
against
the
Earl
in
these
words
,
if
truly
recited
,
Comitibus
Magnatibus
,
Baronibus
,
&
aliis
de
COMMUNITATE
dicti
regni
ad
PARLIAMENTUM
illud
congregatis
,
injunximus
,
ut
super
hiis
DISCERNERENT
ET
JUDICARENT
quid
rationi
&
justitiae
conveni
et
,
habentes
prae
oculis
solum
deum
;
qui
eum
CONCORDI
ET
UNANIMI
SENTENTIA
tanquam
reum
criminis
laesae
Majestatis
,
ADJUDICARENT
ejus
sententiae
&c.
Objected
by
Sir
Robert
Cotton
,
to
prove
the
Commons
to
have
a
share
and
voice
in
judicatures
in
Parliament
,
and
that
not
in
the
case
of
a
Commoner
but
this
great
Peer
;
must
needs
be
understood
of
an
Attainder
by
Bill
,
to
confirm
the
judgement
formerly
given
against
him
by
the
Earls
,
Barons
,
and
Lords
alone
in
this
Parliament
,
as
in
the
case
of
the
two
Spencers
,
not
long
before
;
not
of
his
original
sentence
,
given
only
by
the
Lords
,
Barons
,
and
other
Great
men
and
Nobles
,
as
the
Clause
Roll
and
all
Writs
to
the
Sheriffs
record
.
Which
the
Parliament
Roll
in
4
E.
3.
n.
11
,
12.
doth
likewise
intimate
,
where
Earl
Edmonds
eldest
Son
,
and
Margaret
Countesse
of
this
Earl
of
Kent
,
by
their
Petitions
prayed
,
that
THE
RECORD
(
or
Bill
)
against
the
said
Earl
might
be
reversed
for
errors
therein
appearing
,
and
he
to
be
restored
to
blood
and
lands
of
his
Father
,
and
she
to
her
Dower
,
which
was
granted
and
ordered
by
Parliament
,
saying
to
the
King
the
wardship
of
the
same
during
his
minority
;
and
thereupon
it
was
further
enacted
,
That
no
Peer
of
the
land
,
nor
other
persons
should
be
impeached
for
the
death
of
the
Earl
of
Kent
,
but
only
the
said
Mortimer
and
3
more
(
then
impeached
and
condemned
of
High
Treason
for
his
murder
as
well
of
the
deposed
Kings
)
and
that
his
Countess
should
have
her
Dower
,
as
Claus.
5
E.
3.
part.
1.
m.
24.
assures
us
.
In
the
Parliament
of
4
E.
3.
rot.
Parl.
n.
14.
[
(k)
](A56189-e59400-b)
(k)
4
E.
3.
rot.
Parl.
n.
3
,
4.13
.
Cooks
3.
Inst.
p.
7.
Edward
the
eldest
Son
of
Edward
Earl
of
Arundel
,
condemned
and
beheaded
without
any
legal
trial
by
his
Peers
,
by
Roger
Mo●timers
power
and
procurement
,
Anno
18
E.
2.
petitioned
that
he
might
be
restored
to
his
Fathers
blood
,
lands
,
and
goods
considering
the
said
Earl
was
unduly
put
to
death
,
[
(i)
](A56189-e59460-b)
(i)
See
Hen.
de
Knyghton
,
de
Event
.
Angl.
l.
3.
c
14.
col.
2549.
Walsingham
Hist.
Angl.
p.
106.
being
not
tried
by
his
Peers
,
according
to
the
Law
&
the
grand
Charter
,
But
for
that
the
said
Attainder
was
afterwards
confirmed
by
Parliament
,
he
amended
his
Petition
,
and
prayed
in
such
wise
to
be
restored
of
the
Kings
meer
grace
;
Whereupon
he
was
restored
to
all
his
Fathers
lands
,
and
to
Arundel
Castle
,
saving
to
the
King
all
such
lands
as
were
given
to
this
Earl
by
King
Ed.
1.
whereupon
he
did
homage
to
the
King
in
Parliament
,
and
had
livery
of
the
king
of
all
his
lands
,
per
assensum
of
the
Lords
;
as
i●
recorded
in
rot.
Fin.
An.
3
E.
3.
m.
14.
Claus.
4
E.
3.
in
dorso
,
and
Claus.
5
E.
3.
part.
1.
m.
2
,
3.
In
this
Parliament
of
4
E.
3.
n.
6.
[
(m)
](A56189-e59520-b)
(m)
An
Exact
Abridge-of
the
Records
,
p.
6.8
.
The
Lords
claim
to
be
JUDGES
OF
THEIR
PEERS
IN
THAT
&
FUTURE
PARLIAMENTS
,
in
cases
of
Treason
,
&c.
And
n.
1.
Roger
Mortimer
Ear
of
March
,
who
had
formerly
condemned
and
beheaded
other
Peers
,
without
any
legal
trial
by
their
Peers
,
and
deposed
,
murdered
King
Edward
the
2.
was
by
divine
retaliation
arrested
at
the
Parliament
held
at
Nottingham
by
the
Kings
command
,
then
sent
Prisoner
to
the
Tower
,
impeached
,
attainted
,
condemned
and
executed
himself
as
a
Traytor
,
without
any
hearing
,
or
personal
defence
,
BY
THE
LORDS
AND
PEERS
AS
JUDGES
OF
PARLIAMENT
by
the
Kings
assent
:
The
Articles
of
his
Treasons
,
Felonies
,
and
other
misdemeanors
entre
in
that
Parliament
Roll
scarce
legible
now
were
read
before
the
Lords
against
him
and
other
of
his
companions
.
The
Articles
against
him
are
thus
related
by
[
*
](A56189-e59580-b)
*
Walsingham
Ypodig
.
Neustriaet
p.
111
,
112.
Hist.
Angliae
,
p.
112.4
.
E.
3.
rot.
Parl.
n.
1.
Walsingham
.
Causae
quae
imponebantur
eidem
,
proue
accepimus
,
istae
fuere
,
writes
Walsingham
,
Prima
causa
,
quod
fuit
consentiers
mor●
Regis
Edwardi
in
castro
de
Berkley
.
Secundo
impositum
ei
fuit
,
quod
ipse
impedivit
honorem
Regis
et
regni
apud
Stannyparke
,
ubi
Scoti
fugerunt
,
qui
capi
&
intersici
potuerunt
.
Tertio
,
quod
ipse
accepit
20
millia
mercarum
a
Scotis
,
&
illas
tunc
permisit
evadere
,
&
turpem
pacem
postmodum
inter
Scotos
,
et
Regem
ju
venem
sieri
procuravit
;
et
super
hoc
Chartam
Regis
sieri
fecit
eisdem
.
Et
etiam
illud
vile
matrimonium
contractum
inter
sororem
Regis
et
David
filium
Roberti
de
Brus
,
consummari
consuluit
&
procuravit
.
Quarto
,
quod
male
consumpsit
totam
pecuniam
in
the
sarris
patris
hujus
Regis
,
et
Domini
Hugonis
de
Spencer
inventum
,
et
omnia
bona
regni
,
postquam
Angliam
regina
intravit
,
suae
dispositioni
subjecit
,
ita
quod
ipse
&
Regina
abundabant
,
&
Dominus
Rex
egebat
.
Quinto
,
quod
appropriavit
sibi
custodias
,
et
maritagia
nobiliora
per
totam
Angliam
.
Et
quod
fuit
malus
Consiliarius
Regis
&
Reginae
matris
,
et
nimis
secretus
cum
ea
,
ut
d●
aliis
taceamus
.
These
with
other
Articles
mentioned
in
the
Parliament
Roll
being
read
;
thereupon
,
Les
ditz
COUNTZ
,
BARONS
,
ET
PIERS
,
COME
JUGGES
DU
PARLIAMENT
(
as
the
Parliament
Roll
it self
recites
)
per
assent
du
Roy
in
mesme
le
Parliament
agarderent
et
ajugerent
,
que
le
dit
Roger
COME
TRAYTOUR
ET
ENEMY
du
ROY
,
et
du
ROYALME
,
fuist
tr●yne
et
pendis
.
Upon
which
sentence
,
without
being
called
to
answer
,
the
Earl
,
Marshal
,
by
the
Kings
and
Lords
command
,
assisted
with
the
Mayor
and
Sherifs
of
London
,
and
the
Constable
of
the
Tower
,
executed
him
the
Thursday
next
after
the
first
day
of
the
Parliament
.
Ubi
mortis
excepit
sententiam
trastus
&
suspensus
apud
Elmes
,
super
communi
furca
latronum
,
as
Walsingham
relates
.
The
Articles
of
this
Regicides
impeachment
being
very
memorable
,
and
somewhat
larger
than
those
in
Walsingham
,
scarce
legible
in
the
Parliament
Roll
of
4
E.
3.
I
shall
here
present
you
with
,
together
with
the
manner
of
his
apprehension
and
judgement
,
out
of
[
*
](A56189-e59860-b)
*
De
Event
.
Angl.
l.
3.
c.
16.
col.
2556.2557
,
&c.
Henry
de
Knyghton
.
King
Edward
perceiving
the
great
malice
and
cruelty
of
Queen
Isabel
his
Mother
and
Mortymer
,
that
they
occasioned
many
seditions
,
favoured
the
Scots
to
the
great
dishonour
of
the
King
and
Kingdom
,
destroyed
the
King
her
Husband
:
Et
quanta
mala
eorum
consilio
&
auxilio
exercebantur
in
regno
,
qu
●ntaque
mala
opera
eorum
somento
vel●bantur
,
by
the
secret
advice
of
his
friends
,
resolved
to
separate
them
from
one
another
,
to
prevent
greater
mischiefs
.
Nam
in
tantum
invalescebant
in
terra
,
quod
totum
regnum
in
periclitando
labi
videbatur
.
Deinde
Rex
tenuit
CONCILILM
SUUM
apud
Notyngham
in
quindena
Michaelis
cum
pene
omnibus
Magnatibus
regni
.
In
quo
Rex
saniori
consilio
de
eorum
fraude
et
malitia
salu●r●us
edoctus
,
vidensque
periculum
tam
praeteritum
quam
in
posterum
●am
in
praesenti
per
dictos
Isabellam
et
le
Mortymer
evidenter
imminens
,
graviter
in
corde
condolens
suscepit
;
sicque
die
Veneris
in
crastino
sancti
Lucae
Rex
cum
electa
comitiva
in
obscuro
noctis
,
perr●xit
per
quendam
viam
subterraneam
de
villa
Notynghamiae
usque
in
castellum
,
et
venit
ad
cameram
matris
suae
Isabel●ae
,
et
invenit
ibi
prope
eam
in
alia
camera
Rogerum
de
Mortymer
,
et
Episcopum
Lincolniensem
Henricum
.
Et
statim
Rex
jussit
Rogerum
apprehendi
,
et
in
securam
custodiam
usque
in
crastinum
poni
.
In
crastino
fecit
apprehendere
omnes
suos
adhaerentes
per●
tam
villam
dispersos
Et
statim
misit
omnes
Londonias
,
videlicet
le
Mortymer
,
Et
duos
filios
ejus
,
scilicet
Galfridum
&
Edmundum
milises
,
et
Dominum
Oliverum
de
Byngam
,
Dominum
Simonem
de
Berforde
.
Et
in
captione
Rogeri
Mortymere
occisus
est
Dominus
Hugo
de
Tryplyngton
miles
,
et
senescallus
familiae
regis
per
dictum
Rogerum
Mortymer
in
ingressu
regis
in
camera
eorum
.
Isabella
mater
regis
ad
udicata
est
perdere
omnes
terras
suas
,
et
cum
difficultate
evas●t
dampnationem
ad
mortem
,
eo
quod
erat
mater
regis
,
et
ob
reverentiam
regis
dilata
est
sententia
.
Et
ordinatum
est
singulis
annis
caperet
de
cista
domini
regis
ad
sustentationem
suam
tria
millia
mercarum
,
et
mane●et
in
uno
certo
loco
ubi
rex
pro
ea
disponere
vellet
.
Magnates
regui
imposuerunt
contra
Rogerum
Mortymer
Articulos
sequentes
.
[
*
](A56189-e60170-b)
*
4
E.
3.
n.
1.
28
E.
3.
n.
9
,
10
Primerment
,
que
parla
on
ordenee
fuist
al
parliment
de
Londrez
proscheyne
apres
la
coronnement
nostre
seignour
le
roy
,
que
quatres
Eveskes
,
quatre
Contes
,
et
vj.
Barones
dustent
estre
pres
du
roy
pour
la
conseyller
,
issint
que
tote
foitz
quatre
y
fuissent
;
Cest
assavoir
une
Eveske
,
une
Conte
,
et
dieux
Barons
,
a
meynez
,
&
que
nule
grosse
bosoigne
soit
faite
sanz
lour
assent
,
&
que
chescu●e
respondist
dez
ces
fetz
pur
son
temps
:
la
dit
Roger
nyent
eyant
regarde
al
dit
assent
,
accrocha
a
luy
real
pouare
&
le
governement
del
realme
sur
lestate
le
roye
,
ousta
et
sist
oustre
et
mettre
ministres
en
loustele
le
roy
et
aillours
par
my
la
realme
a
sa
volunte
de
ceux
que
surent
de
son
acorde
.
Et
myst
John
Wyarde
&
altres
entour
le
roy
despyer
cez
faitz
et
c●z
ditz
,
issint
que
le
roy
fuist
en
tiele
manere
envyrone
de
cez
enmys
qil
poet
riene
faire
de
sa
volunte
,
mes
auxi
come
une
homme
de
south
altre
garde
.
Ensy
,
par
la
ou
le
piere
nostre
seigniour
le
roy
feust
a
Kenilworthe
par
ordinancez
dezpieres
de
la
terre
a
demorer
illoeques
a
ces
estres
,
pur
estre
servi
come
afferoit
un
tiele
seigniour
,
le
dit
Roger
par
real
pouare
a
luy
accroche
ne
lessa
tant
qil
leust
devers
luy
a
sa
volunte
.
Et
ordyna
qil
fuist
mande
au
chastiel
de
Berkeleye
,
ou
par
luy
et
par
les
sones
f●ist
fausement
,
traytouresment
et
selonesment
mordre
et
tue
.
Ensy
,
le
dit
Roger
fist
defendre
par
briefe
le
roy
souz
le
grante
seale
,
que
nule
venist
al
parliment
de
Salisbury
a
force
et
armes
,
for
quant
qil
poet
forfere
devers
le
roy
.
Et
la
vynt
le
dit
Roger
et
autres
de
sa
covygne
a
force
et
armes
al
dit
parliment
contre
la
dite
defense
.
Par
quoy
plusours
de
la
terre
,
come
le
Conte
de
Lancastre
et
autres
sachans
la
manere
de
sa
venue
,
nevyndrent
poynt
.
Et
come
par
la
ou
lez
prelatz
estoyent
assemblez
al
dit
parliment
en
une
meason
pur
counseiller
sour
lez
bosoignez
le
roy
,
et
de
realme
,
le
dit
Roger
debrusa
les
eos
de
la
measone
ove
gentz
dez
armez
sour
lez
ditez
prelatez
,
et
lez
manassa
de
vye
er
de
membre
sil●
fuissent
si
hardys
a
dire
one
faire
riene
encontre
sa
volunte
et
ordinancez
.
Et
en
mesme
le
parliment
fist
tant
,
que
le
roy
luy
fist
conte
de
la
Marche
,
et
luy
dona
plusours
terres
et
tenementz
en
disheritance
de
sa
coronne
.
E
puis
mena
le
dit
Roger
e
ceux
de
sa
covygne
nostre
seigniour
le
roy
armez
sur
le
contede
Lancastre
et
autres
piers
de
la
terre
tanque
a
Wincestre
,
la
one
yls
estoient
venancez
devers
le
roy
,
au
dit
Parlement
de
Salesbury
.
Parquay
le
dit
conte
et
lez
autres
pieres
de
la
terre
pur
eschewere
le
peryl
que
poet
avenir
,
a
la
reverence
du
roy
,
departirent
et
aillerent
envers
lour
pays
,
dolons
qils
ne
poyent
ove
lour
seigniour
lige
parlere
ne
conseiller
come
ils
deveront
.
Ensy
,
le
dit
Roger
fist
le
roy
chivacer
forciblement
sur
le
conte
de
Lancastre
et
autres
piers
de
realme
que
estoient
ordeignes
davoyr
estre
pres
du
roy
pur
luy
conseiller
.
Et
en
tant
les
enchasa
par
force
,
que
le
dit
conte
et
autres
grantez
del
realme
que
voil
rent
profiteau
roy
,
se
mistre●t
a
la
grace
le
roy
,
sauve
a
eux
vie
et
membre
,
et
qils
ne
fuissent
disherites
ne
al
trop
grant
ranson
;
Mes
ils
furent
mys
au
trop
grante
ranson
que
lours
terres
vendront
a
tous
joure
.
Et
les
autres
fit
enchacer
hors
de
la
terre
a
seiser
lours
terres
,
contra
la
fourme
de
la
Grante
Charte
et
leye
de
terre
.
Ensy
,
par
la
oue
le
dit
Roger
sa●oit
biene
que
le
piere
nostre
seigniour
le
roy
est
oit
morte
e
enterre
,
il
par
altiez
de
sa
covygne
en
desceyvance
maner
,
fist
entendre
al
Edmund
conte
de
Kent
,
qil
fuist
en
vye
:
par
quey
le
dit
conte
fuist
moult
desirous
de
savoire
la
verire
.
Et
fist
espier
par
to●ez
lez
bonez
voiez
qil
savoit
,
tanke
le
dit
Roger
,
par
real
powere
a
luy
accroche
,
fist
prendre
al
parliment
de
Wincestr●
le
dit
cont
le
Kent
,
procuta
qil
fuist
iilocques
mys
a
la
mort
.
Ensy
le
dit
Roger
fist
le
roy
doner
a
luy
sez
enfantz
e
a
sez
alies
chastieles
,
viles
,
maners
,
et
francheses
en
Engleterre
,
Irland
,
et
Gales
en
decre●e
de
la
coronne
.
Ensy
le
dit
Roger
en
disceivaunce
manere
fist
les
chivalers
dez
contez
gratier
au
dit
[
*
](A56189-e60520-b)
*
De
Winchester
.
parl:
al
roy
de
chescune
vile
Dengliterre
que
respont
par
quatre
,
et
le
provost
en
eyre
vne
homme
de
armes
a
lour
costages
en
sa
guerre
de
Gascoyne
par
une
an
;
la
quele
charge
le
dit
Roger
avoit
compasse
a
tourner
ceo
avoyr
en
autre
profite
pur
luy
et
autres
de
sa
covygne
,
en
destruccion
de
people
.
Ensy
,
le
dit
Roger
par
real
ponare
a
luy
accroche
fist
maundre
lettres
suth
la
grante
chartre
au
plusours
grantz
chivalers
et
altres
,
qe
ils
venesont
al
roy
queu
part
qil
fust
,
et
a
lour
venue
le
fist
chargere
qils
se
addre●ent
daler
en
Gascoyne
,
ou
qils
feissent
fyn
oue
ranson
a
sa
volunte
;
Dez
quenz
ascunez
fyrent
fyn
grievous
,
et
tout
le
pluis
est
venuz
au
profite
le
dit
Roger.
Ensy
,
le
dit
Roger
fausement
et
maliciousment
fist
le
discorde
entre
le
piere
nostre
seigniour
le
roy
et
la
reyne
sa
compaigne
,
et
sa
fist
entendre
,
que
si
ele
out
venuz
a
luy
,
qil
la
out
tue
de
cotele
,
ou
altre
arme
,
ou
autre
manere
de
mordre
,
et
par
tiele
cause
,
et
autres
sotilletes
si
fist
il
tant
que
la
reyne
ne
vint
pas
devers
son
seigniour
,
al
grant
dishonour
du
roy
et
de
tote
realme
,
et
damage
par
cas
en
temps
avenir
,
qe
de
dieu
deffende
.
Ensy
,
le
dit
Roger
sy
ad
pris
er
faite
prendre
devers
luy
et
les
autres
de
sa
companie
de
tresore
le
roye
a
sa
volunte
sans
noumbre
en
deners
et
jeueux
,
en
destruccion
du
roy
;
issint
qe
le
roy
nad
rien
de
paiere
pur
son
viure
.
Ensy
,
le
dit
Roger
si
ad
fait
prendte
devers
luy
et
devers
sez
alliez
lez
xx
mille
marz
quex
sont
venus
hors
dez
Scozce
pur
la
fourme
de
la
pees
,
et
rien
est
venue
al
profite
du
roy
.
Ensy
le
dit
Roger
cez
prises
par
my
le
realm
auxi
come
roy
et
seigniour
de
tutte
,
et
entre
luy
et
lez
autres
de
la
covigne
merent
al
double
del
gentz
et
chivalez
en
la
company
le
roy
qe
le
roy
ne
fist
,
en
destruccion
del
people
,
sans
faire
payment
altre
qe
a
lour
volunte
.
Ensy
,
le
dit
Roger
par
son
real
pouare
fist
le
roy
,
granter
a
la
montance
del
CC.
chivalers
a
ceoux
Dirland
que
avount
ruez
lez
grantes
et
autres
de
la
terre
que
furent
de
la
foy
le
roy
en
cellez
pa●
.
P●r
la
ou
le
roy
devoit
pluis
ost
par
reson
avoyre
vengee
loure
mort
de
pardonee
contre
fourme
de
parlement
.
Ensy
le
dit
Roger
compassa
devoyre
destrut
lez
noryes
le
roy
et
lez
secrettez
le
roy
de
queuz
il
se
pluis
a●ya
.
Et
susmyt
al
roy
en
presence
la
reyne
sa
miere
et
dez
eveskes
de
Nichole
et
de
Salusberye
et
autres
de
counsaile
le
roy
qe
lez
avanditez
secretez
le
roye
luy
exciterent
destre
la
covygne
dez
enmys
par
de
lay
,
en
destruccion
de
sa
miere
et
del
avant
dite
Roger
;
La
quela
chose
il
affirma
tant
sour
le
Roy
que
le
parole
le
Roye
ne
poet
creu
.
Et
cele
vendurdi
deinz
la
nute
qils
estoient
prisez
,
a
la
myt
nyt
suant
,
donke
pur
lez
caulez
susescriptes
et
molt
dez
autrez
choses
que
ne
sont
pas
ore
a
dyre
touz
,
si
fist
le
dit
roy
prendre
en
la
manere
par
eide
et
avisement
dez
priveez
et
nuriicz
come
il
vous
ad
souent
monstres
.
Tunc
propter
causas
subscriptas
et
multas
alias
quae
jam
non
sunt
recitandae
ad
praesens
,
Rex
praecepit
Comitibus
,
Baronibus
,
et
caeteris
Magnatibus
regui
,
justum
judicium
ferre
super
praedicto
Rogero
Mortymere
.
Qui
omnes
adinvicem
consulentes
venerunt
,
dicentes
,
quod
omnes
et
singuli
articuli
superius
de
dicto
Rogero
attestati
veri
sunt
et
notorii
,
et
omni
populo
terrae
cogniti
,
et
praecipuè
articulus
tangens
mortem
regis
apud
Berkeleye
;
unde
respiciatum
est
et
adjudicatum
,
quod
praedictus
Rogerus
,
ut
proditor
et
inimicus
regis
et
regni
,
distrastus
sit
et
suspensus
tertio
kalend
.
Septembris
apud
Londonias
.
Cujus
corpus
duobus
diebus
et
duabus
noctibus
nudum
pendebat
super
furcas
.
By
these
Articles
it
is
evident
,
1.
that
it
was
adjudged
high
Treason
in
him
to
murther
King
Edward
the
2.
after
his
resignation
of
,
and
deposition
from
the
Crown
,
by
his
own
and
a
Parliaments
consent
;
How
much
more
then
to
destroy
,
murther
him
,
when
an
actual
lawfull
King
,
when
never
deposed
,
without
and
against
his
Parliaments
consents
,
and
contrary
to
their
resolutions
,
protestations
,
Covenants
,
Oaths
?
2ly
.
That
to
come
with
armed
forces
to
any
Parliament
,
to
over-awe
,
force
,
menace
,
terrifie
thereby
,
and
drive
away
any
of
the
Members
thereof
from
it
and
compel
the
rest
to
comply
with
,
or
not
to
oppose
what
this
armed
party
propounds
(
or
to
put
any
Nobleman
to
death
)
is
a
high
and
treasonable
offence
;
That
Lords
and
other
Members
may
justly
depart
from
Parliament
without
doing
any
thing
,
when
there
is
any
such
force
upon
them
:
Let
Lilburn
and
others
guilty
of
such
Treasons
sadly
consider
them
,
and
take
timely
warning
by
this
president
.
In
the
[
(n)
](A56189-e60880-b)
(n)
An
Exact
Abridgemen
.
p
85
,
86.
Parliament
of
28
E.
3.
n.
7.
to
14.
Roger
Mortimer
of
Wigorn
,
Cosin
and
heir
to
this
executed
Roger
,
required
by
his
Petition
,
that
the
Act
of
his
Attainder
in
the
Parliament
of
4
E.
3.
n.
1.
might
be
examined
,
and
for
manifest
Errors
therein
reversed
;
whereupon
the
record
was
brought
into
Parliament
,
and
all
the
Articles
,
Proceedings
and
Circumstances
of
his
Judgement
at
large
recited
.
Which
being
read
,
it
was
alleged
,
that
the
judgment
was
defective
&
erronious
in
all
points
(
not
for
the
substance
of
his
Charge
)
for
that
the
said
Earl
was
put
to
death
and
disinherited
,
(
by
the
Lords
,
as
Judges
o●
Parliament
,
by
the
Kings
command
)
Sans
nulle
accusement
,
et
sans
estre
mesne
au
juggement
,
au
en
respons
,
without
any
accusation
,
and
without
being
brought
to
Judgement
,
or
to
answer
:
for
which
causes
it
was
prayed
,
That
the
said
Statute
and
Judgement
might
be
reversed
and
annulled
.
For
which
causes
,
Nostre
Seignour
le
Roy
,
et
les
dits
Prelates
,
Prince
,
Duks
,
Countz
et
Barons
,
per
accord
des
Chivalers
des
Counts
,
et
des
ditz
Comunes
,
re●ellent
et
anientissent
,
et
pur
erroigne
et
irr●t
ajudgent
les
Records
et
Iuggements
suis
dits
.
This
Judgement
(
whose
reversal
is
also
recited
in
Claus.
28
E.
3.
m.
7.
&
29
E.
3.
rot.
Parl.
n.
29.
)
though
given
in
Parliament
,
being
erronious
and
void
in
Law
,
because
given
without
any
lawful
accusation
,
trial
,
answer
and
arraignment
of
the
party
,
against
the
Great
Charter
and
Law
of
the
Laud
;
which
ought
to
be
observed
,
not
violated
by
the
Lords
or
Parliament
it self
in
their
Judicial
proceedings
.
In
this
Parliament
of
28
E.
3.
●
.
13.
Richard
Earl
of
Arundel
by
Petition
shewed
;
that
in
the
Parliament
of
1
E.
3.
touching
the
attaind●
of
Edmund
Earl
o●
Arundel
his
Father
,
a
Statute
was
made
without
forfeiture
,
albeit
he
was
put
to
death
,
and
prayed
,
that
he
may
now
be
taken
as
heir
of
his
Father
,
and
that
Act
reversed
as
erronious
▪
which
being
read
,
and
duly
considered
,
〈◊〉
su●ce●
oue
bon
deliberation
et
auys
a
graunt
〈◊〉
nostre
Seigniour
le
Roy
,
Prelates
,
Prince
,
Duk●
,
〈◊〉
Barons
〈…〉
,
il
apiert
clerement
que
le
dit
Edmund
fuist
non
〈…〉
a
la
mert
,
et
que
parols
recites
eu
le
dit
Statute
touchant
la
mort
et
destruction
de
dit
Edmund
sont
voydes
,
erroignes
et
nulles
.
Pur
quoi
nostre
Seignior
le
Roy
et
les
ditz
Prelates
,
Prince
,
Dukes
,
Countz
e●
Barons
,
per
accord
des
Chivalars
des
Counte●
et
des
dites
Commune
,
ajuggent
et
agardent
,
que
la
recitation
et
quelque
est
en
le
dit
Statute
touchant
la
mort
et
destruction
du
dit
Edmund
,
sont
Voides
,
erroignes
et
nulles
,
&c.
et
soint
anientez
et
pur
nul
toutz
a
toutz
jours
.
The
said
Edmund
being
put
to
death
without
due
proces
or
trial
by
his
PEERS
,
according
to
the
Law
of
the
Land
and
the
Great
Charter
;
Therfore
the
Act
confirming
this
erronious
attainder
,
was
thus
reversed
,
repealed
,
and
nulled
.
In
these
two
last
Records
it
is
observable
:
First
,
that
the
King
and
Lords
debated
,
adjudged
these
Judgements
and
attainders
to
be
erronious
;
but
because
they
were
confirmed
by
Act
of
Parliament
,
the
assent
of
the
Knights
of
Shires
and
Commons
was
required
and
had
to
their
reversal
,
as
well
as
to
the
nulling
and
repealing
of
other
publike
Acts.
In
the
Parliament
of
[
(a)
](A56189-e61210-b)
(a)
An
Exact
abridgement
of
the
Records
of
the
Tower
,
p.
121
,
122.
50
E.
3.
rot.
Parl.
n.
21.
to
31.
William
L●d
Latymer
was
accused
by
the
Commons
,
for
divers
oppressions
by
him
done
to
the
Kings
people
,
both
during
his
command
in
Britain
,
and
also
in
the
time
that
he
was
Chamberlain
to
the
King
,
and
of
his
Council
in
levying
divers
sums
of
money
for
victuate
and
ransoms
amounting
to
many
thousand
pounds
,
for
which
he
never
accounted
;
For
the
loss
of
sundry
Fo●s
and
Towns
in
Normandy
and
Brittain
to
the
Enemy
,
of
which
he
had
the
command
,
and
partaking
with
Richard
Lions
in
those
illegal
Impositions
,
and
misdemeanours
,
whereof
he
was
then
impeached
by
them
.
Whereunto
the
Lord
Latymer
,
saving
the
tryal
of
his
Peers
,
offered
to
answer
any
particular
person●
that
would
complain
against
him
;
but
that
the
Commons
would
not
do
,
but
prayed
he
might
answer
their
charge
in
general
:
whereupon
he
answered
every
of
the
Charges
against
him
,
and
that
very
fully
in
open
Parliament
before
the
LORDS
.
Yet
notwithstanding
the
Bishops
and
Lords
gave
Iudgement
against
him
in
full
Parliament
;
that
for
his
ill
Counsel
and
Government
,
against
the
profit
of
the
King
and
Realm
,
and
namely
for
divers
Chevisances
to
the
Kings
loss
,
for
procuring
grants
to
the
destruction
of
the
Staple
and
Town
of
Calice
,
and
for
divers
impositions
laid
upon
wools
,
he
should
be
committed
to
prison
,
under
the
custody
of
the
Marshal
,
and
make
fine
and
ransom
at
the
Kings
pleasure
.
Whereupon
the
Commons
further
required
;
That
he
might
lose
all
his
Offices
,
and
be
no
longer
of
the
Kings
Council
:
which
the
King
granted
.
After
which
this
Lord
found
certain
Lords
and
others
of
quality
(
whose
names
are
mentioned
in
a
Schedule
annexed
to
the
Parliament
roll
)
to
be
his
Mainpernors
,
for
the
forth-comming
of
his
body
during
the
Parliament
;
Upon
which
the
Marshal
offered
him
to
be
at
large
.
In
the
same
[
(b)
](A56189-e61370-b)
(b)
An
Exact
abridgement
,
p.
123.
Parliament
,
50
E.
3.
rot.
Parl.
n.
34.
John
Lord
Nevil
was
accused
,
that
during
the
time
he
was
of
the
Kings
privy
Council
he
bought
certain
debts
due
by
the
King
to
the
Lady
Ravensham
and
Simon
Love
,
a
Merchant
,
at
under
values
;
and
for
receiving
of
the
King
more
wages
and
for
a
longer
time
than
was
due
for
one
hundred
Souldiers
in
Britain
.
Upon
which
he
confessed
he
received
95
l.
of
the
Lady
for
the
obtaining
of
her
debt
only
,
our
of
her
meer
good
will
,
which
was
not
disproved
.
The
Charge
touching
Love
,
he
wholly
denied
.
Love
thereupon
being
brought
into
the
Parliament
before
the
Lords
;
wholly
excuseth
the
Lord
Nevil
:
But
because
Love
the
day
before
had
confessed
the
contrary
unto
two
of
the
Knights
of
the
Parliament
;
he
was
committed
to
Prison
by
the
LORDS
.
To
the
receiving
of
Wages
,
he
fully
cleared
himself
:
Notwithstanding
the
LORDS
GAVE
JUDGEMENT
of
imprisonment
,
and
of
l●s●
of
Lands
,
Goods
and
Offices
against
him
▪
and
that
he
should
make
restitu●
of
the
95
l.
to
the
Ladies
Executors
.
These
Judgement●
〈◊〉
the
Commons
importunity
were
so
unjust
;
that
in
the
very
next
[
(c)
](A56189-e61510-b)
(c)
An
Exact
abridgement
,
p.
150.
Parliament
of
51
E.
3.
rot.
Parl.
n.
75.
upon
the
prayer
of
certain
Bishops
,
Lords
,
and
the
Commons
themselves
,
the
Lord
Latymer
by
the
Kings
grant
and
royal
assent
,
and
the
Authority
of
the
Lords
was
restored
to
his
Offices
and
Privy
Counsellorship
,
whereof
he
was
deprived
by
them
this
Parliament
,
upon
untrue
Suggestions
.
Such
partiality
and
injustice
is
there
many
times
even
in
Parliaments
themselves
,
out
of
malice
,
faction
or
affection
.
In
the
[
(d)
](A56189-e61580-b)
(d)
An
Exact
abridgement
,
p.
291
,
292
,
293.
Walsingham
,
Hist.
Angl.
p.
332
,
333.
Parliament
of
7
R.
2.
holden
at
Westminster
the
Monday
next
before
the
feast
of
All
Saints
,
rot.
Parl.
n.
13.15
.
to
24.
Ralph
Nevil
the
martial
Bishop
of
Norwich
was
accused
in
Parliament
,
for
not
serving
the
King
in
his
wars
in
Flanders
for
so
long
a
time
,
and
with
so
many
men
,
and
with
a
sufficient
General
,
as
he
promised
,
whereby
the
Voyage
was
lost
,
to
the
Kings
dishonour
and
damage
,
and
for
selling
the
Castle
of
Gravelin
to
the
French
for
money
:
which
the
Chancellor
in
open
Parliament
declared
against
him
:
The
Bishop
answered
thereunto
in
person
,
albeit
in
this
case
he
said
,
he
might
have
Counsel
:
with
this
Protestation
,
that
he
might
at
all
times
,
avoyd
or
amend
his
answer
.
To
which
answer
of
his
the
Chancellor
replied
:
In
conclusion
upon
debate
,
THE
KING
AND
LORDS
resolved
his
answer
to
be
no
sufficient
excuse
of
what
was
charged
against
him
:
Whereupon
the
Chancellor
by
ASSENT
OF
THE
LORDS
,
concluded
,
That
although
the
King
might
pass
on
the
Bishop
as
a
Temporal
Lord
,
by
reason
he
took
upon
him
to
serve
him
as
a
Souldier
,
and
had
the
Sword
carried
before
him
,
contrary
to
his
profession
;
yet
for
that
time
(
in
regard
he
was
a
Bishop
)
the
King
would
spare
to
lay
hands
on
,
or
imprison
his
person
,
as
he
might
doe
.
And
therefore
they
ADJUDGED
him
,
to
make
fine
and
ransom
to
the
King
,
at
his
pleasure
,
whereunto
he
should
be
compelled
by
the
seisure
of
his
temporalties
:
And
it
was
commanded
that
from
thence
the
Sword
should
no
more
be
carried
before
him
.
In
the
same
[
(d)
](A56189-e61690-b)
(d)
Walsing.
Hist.
Angliae
,
p.
337.
Parliament
held
this
year
,
about
the
feast
of
St.
Martin
in
quo
(
prout
jam
a
multis
consuevit
temporibus
)
nihil
dignum
memoria
fuit
actum
,
praeter
illud
quod
sedulo
actitabatur
(
as
now
in
our
age
)
extortio
,
videlicet
pecuniae
de
clero
et
communi
plebe
ad
sustentationem
militibus
werrae
regalis
.
Nondum
Parliamentum
finitum
fuerat
,
cum
nova
de
partibus
borealibus
sunt
allata
de
captione
Castelli
de
Berwico
per
Scotos
,
cujus
custodiam
Comes
Northumbriae
,
domibus
Henricus
Percey
avito
jure
possedit
.
Scoti
namque
mediante
pecunia
,
de
quodam
qui
secundarie
castri
custodiam
tunc
habebat
,
introitus
castelli
dolosenacti
sunt
.
Factum
est
ergo
Duce
procurante
Johanne
(
ut
dicitur
)
ut
pro
perditione
dicti
Castelli
regalis
Come●
Iudicium
qui
aderani
Optimatum
et
regis
sententiam
da●ationis
exciperet
in
eum
publice
promulgatam
.
Cujus
executionis
vindicta
per
regem
postea
cito
relax●ta
fuit
,
quamvis
id
Duci
(
ut
dicitur
)
displiceret
.
Acta
sunt
haec
,
14
die
Decembris
in
eodem
Parliamento
,
non
obstante
quod
idem
Comes
ad
dictum
Parliamentum
vocat●s
fuerat
per
breve
regium
,
et
ad
custodiam
suae
patriae
morari
maluisset
.
Haec
ideir●o
causa
inter
ipsum
Ducem
er
Comitem
postea
irae
et
odii
●omitem
ministravit
.
At
the
Parliament
held
at
[
(f)
](A56189-e61810-b)
(f)
Walsingh
.
Hist.
Angliae
,
p.
334
,
335.
Ypodigma
Neustr
.
p.
141.
Salisbury
,
an
Irish
Frier
Carmelite
delivered
a
Schedule
to
the
King
,
conteining
divers
treacherous
plots
and
Treasons
against
him
by
the
Duke
of
Lancaster
,
that
he
had
resolved
sodainly
to
kill
,
oppress
the
King
,
and
seise
upon
the
Kingdom
;
setting
down
the
time
,
place
,
and
all
other
circumstances
;
taking
his
Oath
upon
the
Sacrament
of
Christs
body
that
every
word
contained
in
that
Schedule
was
true
:
advising
the
King
not
to
believe
the
Dukes
excuses
,
nor
to
deferr
his
judgement
,
lest
he
should
raise
forces
against
him
to
effect
his
design
,
or
be
deceitfully
reconciled
to
him
.
The
King
hereupon
being
young
,
NON
DOMINOS
,
NON
PARES
REGNI
super
tantis
negotiis
,
ut
disecr●erant
qui●
〈…〉
co●sulait
,
but
two
C●eras
of
his
Chappel
his
accustomed
Counsellors
:
whiles
the
King
and
they
were
privately
debating
the
business
,
the
Duke
came
in
unto
them
;
whom
the
King
beholding
with
a
stern
countenance
,
and
not
receiving
him
with
that
honour
as
formerly
;
he
suspecting
the
King
conceived
something
in
his
mind
against
him
,
withdrew
himself
:
But
by
the
Chaplains
advice
he
was
called
in
again
,
and
the
Schedule
delivered
him
to
read
.
Which
having
read
,
he
said
with
a
great
sign
to
the
King
.
Heu
Domine
mi
,
cur
fidem
datis
talibus
dela
toribus
?
Cur
de
mea
persona
talia
opinamini
?
Nonne
sum
a●unculus
vester
?
Nonne
tutor
extiti
?
Nonne
post
vos
principalis
i●
regno
?
Quid
mihi
suaderet
vos
prodere
,
vel
certe
necare
qui
nihil
lucri
reciperem
de
vestra
morte
?
Nunquid
hostes
●estri
me
ditiorem
facerent
in
terra
sua
,
quam
effectus
sum
in
terra
vestra
,
et
in
natali
solo
?
Aut
si
regnum
affectarem
credendu
●ne
est
post
vestram
inte●fectinnem
(
quod
absit
)
Dominos
hujus
Regni
aqu●nimiter
ferre
me
posse
Domini
mei
et
patriae
pro●●torem
?
Deli●ere
(
si
placet
)
fidem
●ar●●alia
●leren●bus
,
quia
paratus
sum
,
more
militis
,
contra
quemcunque
mundi
mihi
in
hac
causa
adversantem
pugnare
,
et
meam
innocentiam
defendere
et
purgare
.
Upon
which
and
other
words
,
the
King
believed
the
Duke
and
received
his
excuses
:
and
committed
the
Frier
at
his
request
to
the
Custodie
of
the
Lord
John
Holland
,
usque
ad
diem
quo
causam
diceret
horum
quae
praeposuerat
contra
eum
.
In
ipsa
nocte
quae
processit
diem
suae
responsioni●
,
the
Frier
was
strangled
and
pressed
to
death
by
the
said
John
and
another
Knight
,
and
the
next
day
his
dead
corps
was
drawn
through
the
street
like
a
Traytor
,
to
take
away
the
suspition
of
his
unjust
death
.
Ipsi
judices
,
ipsi
ministri
,
ipsi
tortores
extiterunt
.
Et
hic
fructus
Parliamenti
praesentis
,
praeter
hoc
,
quod
dominus
Willielmus
la
Zouche
,
quamvis
gravissima
detineretur
aegritudine
,
accersitus
erat
ad
Parliamentum
,
ad
standium
judicio
Regis
et
Dominorum
,
quia
idem
●rater
eum
,
velut
inventorem
,
inceptorem
,
et
incentorem
dixerat
omnium
quae
scripserat
extitisse
:
Qui
cum
venisset
lectica
delatus
,
quia
propter
guttam
equitare
non
poterat
,
compulsus
est
discinctus
,
et
discooperto
capite
ad
haec
omnia
sibi
objecta
,
more
latronum
vel
proditorum
respondere
.
Qui
viriliter
negavit
objecta
,
Sacramento
firmans
,
haec
nunquam
audisse
,
vel
hujusmodi
cogitasse
,
et
ita
demum
absolutus
est
,
et
domum
redire
permissus
.
In
this
[
*
](A56189-e61950-b)
*
An
Exact
abridgement
,
p
299
,
300.
Parliament
holden
at
Salisbury
7
R.
2.
rot.
Parl.
n.
11.
to
16.
John
Cavendish
a
Fishmonger
of
London
,
made
his
complaint
first
to
the
Commons
,
and
after
to
the
Lords
,
against
Sir
Michael
de
la
Poole
Chancellor
of
England
,
demanding
the
Peace
against
him
;
which
THE
LORDS
granted
:
after
which
he
accused
him
for
taking
Bribes
,
and
delayes
and
injustice
in
a
sute
of
his
depending
before
him
:
whereof
he
cleared
himself
by
his
own
Oath
,
and
the
Oaths
of
other
witnesses
sworn
and
examined
before
THE
LORDS
:
Whereupon
the
Lords
being
troubled
with
other
weighty
matters
,
referred
the
Chancellors
reparation
for
the
Scandal
to
the
ordering
of
the
Judges
.
[
(g)
](A56189-e62030-b)
(g)
an
Exact
abridgement
p.
315
,
316.
The
same
Sir
Michael
de
la
Pole
Earl
of
Suffolk
,
and
Chancellor
of
England
,
in
the
Parliament
of
10
R.
2.
rot.
Parliamenti
,
n.
6.
to
18.
was
accused
in
full
Parliament
before
THE
KING
BISHOPS
&
LORDS
by
the
Commons
who
exhibited
sundry
Articles
against
him
;
recorded
at
large
by
[
(i)
](A56189-e62110-b)
(i)
De
Eventibus
Angliae
,
l.
5.
c.
to
.
col.
2680.
to
2685.
Henry
de
Knyghton
(
agreeing
with
the
Parliament
Roll.
)
The
effect
of
them
was
this
;
That
whiles
he
was
Chancellor
,
against
his
Oath
,
to
procure
the
profit
of
the
King
;
he
had
purchased
lands
and
tenements
of
the
King
of
great
value
at
under
rates
,
and
exchanged
uncertain●
customs
and
rents
for
good
lands
,
in
deceipt
of
the
King
;
and
for
spending
the
Aids
granted
to
the
King
the
last
Parliament
,
to
guard
the
Seas
,
in
another
manner
than
they
were
granted
;
whereby
the
Seas
were
not
guarded
,
and
much
mischief
hapned
to
the
Realm
,
&c.
The
Lords
&
Commons
refused
to
act
any
thing
till
the
King
came
in
person
to
Parliament
,
and
the
Chancellor
removed
upon
these
Articles
.
The
Chancellor
demanded
of
the
LORDS
1.
Whether
he
should
answer
these
Articles
without
the
Kings
presence
,
for
things
done
whiles
he
was
Chancellor
,
for
that
he
being
Chancellor
of
England
for
the
time
represented
the
Kings
person
(
in
Parliament
)
during
his
absence
thence
;
Secondly
,
Whether
his
Brother
in
Law
Sir
Richard
Scroope
might
not
answer
for
him
,
whom
he
had
by
advice
of
his
Counsel
,
appointed
to
do
it
?
To
which
the
LORDS
answered
and
resolved
,
It
was
honest
and
fit
for
him
to
answer
for
himself
:
Whereupon
he
making
protestation
,
that
he
might
adde
to
,
or
diminish
from
his
answer
,
and
that
which
might
be
honourable
to
him
by
advice
of
his
Counsel
;
the
Lords
granting
thereunto
:
He
thereupon
put
in
an
answer
and
replication
to
all
the
Articles
;
to
which
his
Counsel
added
some
things
in
making
his
defence
:
The
Commons
replyed
to
his
answer
,
to
which
he
by
way
of
rejoynd●r
replied
and
answered
to
them
,
his
defence
s●eming
very
solid
:
Yet
the
Commons
upon
his
replication
before
judgement
,
pressed
the
King
then
being
in
Parliament
,
and
she
Lords
,
that
he
might
be
committed
for
the
grievous
offences
charged
against
him
.
Whereupon
he
was
arrested
by
the
Kings
command
,
and
committed
to
the
custody
of
the
Constable
of
England
,
and
after
let
to
mainprise
.
Ar
last
THE
LORDS
in
full
Parliament
GAVE
JUDGEMENT
AGAINST
HIM
;
That
for
breach
of
his
Oath
,
all
the
Manors
and
lands
which
he
had
of
the
Kings
gift
,
contained
in
the
Articles
should
be
seised
into
the
Kings
hands
,
to
have
them
to
him
and
his
heirs
for
ever
,
together
with
their
mean
profits
and
issues
,
saving
to
him
the
name
and
Title
of
a
Knight
and
Earl
,
together
with
an
annuity
of
20
l.
yearly
,
granted
him
out
of
the
profits
of
the
County
of
Suffolk
.
The
like
judgement
was
given
against
him
for
the
lands
exchanged
by
the
King
for
the
customs
of
Hull
,
and
the
Priory
of
St.
Anthony
,
[
(i)
](A56189-e62290-b)
(i)
Ypodigm
.
Neustriae
.
p.
144.
Hist.
Ang.
p.
352
,
353
,
354.
Walsingham
addes
,
That
he
was
deprived
likewise
of
his
Chancellorship
and
adjudged
worthy
of
death
;
yet
the
Lords
would
not
put
him
to
death
but
sent
him
prisoner
to
Windsore
Castle
.
Rex
autem
non
multo
post
annullavit
quicquid
in
Parliamento
statutum
fuerat
contra
ipsum
.
In
the
[
(k)
](A56189-e62340-b)
(k)
an
Exact
abridgement
,
p.
321
,
322.
Parliament
of
11
R.
2.
rot.
Parl.
●
.
6
,
7.
Thomas
Duke
of
Gloucester
kneeling
before
the
King
,
said
,
that
he
understood
the
King
was
informed
,
he
went
about
to
depose
him
,
and
to
make
himself
King
;
Wherefore
he
offered
to
put
himself
upon
his
tryal
in
that
behalf
,
as
the
Lords
of
the
Parliament
would
award
;
Whereupon
the
King
said
in
open
Parliament
,
that
he
thought
the
said
Duke
was
nothing
faulty
,
and
therefore
held
him
excused
.
After
which
all
THE
LORDS
,
as
well
spiritual
as
temporal
being
in
the
Parliament
,
claimed
their
liberties
and
franchises
,
namely
,
That
all
weight●
matters
in
the
same
Parliament
,
which
should
be
after
moved
touching
THE
PEERS
OF
THE
LAND
,
ought
to
be
discussed
,
JUDGED
AND
DETERMINED
BY
THE
M
,
by
the
course
of
Parliament
,
and
not
by
the
Civil
Law
,
nor
yet
by
the
Common
Law
of
the
Land
,
used
in
other
Cou●ts
of
the
Realm
.
The
which
claim
and
liberties
the
King
most
willingly
allowed
and
granted
thereto
in
full
Parliament
.
After
which
Thomas
Earl
of
Glocester
,
Henry
Earl
of
Derby
,
Richard
Earl
of
Arundel
,
Thomas
Earl
of
Warwick
,
and
Thomas
Earl
of
Marshal
,
Lords
Appellants
,
impeached
Alexand●r
Archbishop
of
York
,
Robert
de
Vere
Earl
of
Ireland
,
M●chael
de
la
Poole
Earl
of
Suffolk
,
Robert
Tresylam
Chief
Justice
,
Nicholas
Bramber
Knight
,
and
other
of
their
adherents
of
High
Treason
against
the
King
and
his
Realm
.
The
Articles
they
exhibited
against
them
were
36
in
number
,
at
large
recorded
in
Henry
de
Knyghton
de
Eventibus
Angliae
,
l.
5.
col.
2713.
to
2727.
with
the
whole
proceedings
thereupon
,
for
which
many
were
attainted
,
condemned
,
executed
BY
JUDGEMENT
OF
THE
LORDS
,
notwithstanding
the
Kings
intercession
for
some
of
them
to
the
LORDS
:
they
are
likewise
mentioned
in
the
printed
Statutes
at
large
,
of
11
R.
2.
c.
1
,
3
,
4.
in
Walsingham
Hist.
Angliae
,
p.
359
to
367.
and
other
vulgar
[
(l)
](A56189-e62610-b)
(l)
Holinshed
,
Trussel
,
Graft
.
Stow
,
Speed
,
Baker
.
Historians
:
I
shall
therefore
for
brevity
refer
you
to
them
.
Exactum
est
juramentum
a
rege
,
ad
standum
REGULATIONI
PROCERUM
,
et
non
solum
a
rege
,
sed
a
cunctis
regni
incolis
,
idem
juramentum
est
expetitum
.
In
the
[
(m)
](A56189-e62640-b)
(m)
Exact
abridgement
,
&c.
p.
338
,
391
,
392.
Parliament
of
14
R.
2.
n.
14.
The
King
and
Lords
(
without
the
Commons
)
declared
,
That
in
the
7
year
of
this
King
,
the
Earldom
of
Richmond
,
with
the
appartenances
,
WERE
ADJUDGED
BY
THE
KING
AND
LORDS
to
be
forfeited
to
the
King
,
by
reason
of
the
adherence
of
John
Duke
of
Britain
,
then
Earl
of
Richmond
,
to
the
French
;
against
his
allegiance
to
the
King
,
and
his
father
king
Edward
the
3.
which
judgement
was
not
then
enrolled
in
the
Rolls
of
Parliament
for
certain
causes
known
to
the
King
and
LORDS
,
but
was
now
inrolled
,
and
the
lands
granted
to
the
Earl
of
Westmerland
,
which
King
Henry
the
4th
would
not
revoke
upon
the
Commons
Petition
to
restore
them
to
the
Duke
,
1
H.
4.
rot.
Parl.
n.
78.
In
the
Parliament
of
17
R.
2.
n.
11
Richard
Earl
of
[
(n)
](A56189-e62830-b)
(n)
Exact
abridgement
p.
352.
Arundel
,
in
the
presence
of
the
KING
and
LORDS
accused
the
Duke
of
Lancastre
of
5
particular
misdemeanors
:
In
which
when
the
King
had
justified
him
;
it
was
awarded
by
the
King
,
BY
THE
ASSENTS
OF
ALL
THE
LORDS
,
that
the
Earl
should
in
full
Parliament
make
a
formal
submission
to
the
Duke
,
and
crave
pardon
for
his
false
accusation
.
[
(o)
](A56189-e62900-b)
(o)
Exact
abridgement
.
p.
368.
In
the
Parliament
of
21
R.
2.
rot.
Parl.
n.
12.
to
17.
the
Commons
impeached
Thomas
Arundel
Archbishop
of
Canterbury
of
high
Treason
,
for
procuring
the
Duke
of
Glocester
and
others
there
named
to
accroach
to
themselves
regal
power
,
and
execute
the
Commission
of
10
R.
2.
when
he
was
Chancellor
;
praying
that
he
might
be
kept
under
safe
custody
,
with
a
protestation
of
making
for
her
accusations
during
the
Parliament
against
him
and
others
.
After
which
they
prayed
the
King
to
give
judgement
against
the
Archbishop
,
according
to
his
desert
:
who
submitted
himself
to
the
Kings
mercy
:
[
(o)
](A56189-e62950-b)
(o)
Walsingham
Ypodig
.
p.
151.
Hist.
Angl.
p.
3●2
,
39●
.
Whereupon
the
KING
&
LORDS
and
Sir
Thomas
Piercy
,
(
the
general
Proctor
for
the
Bishops
in
this
case
)
adjudged
the
fact
of
the
Archbishop
to
be
Treason
,
and
himself
a
Traytor
;
and
that
thereupon
he
should
be
banished
,
his
temporalties
seised
,
and
all
his
lands
in
proper
possession
or
use
,
together
with
his
goods
forfeited
to
the
King
,
and
presenting
the
day
and
place
of
his
departure
into
exile
.
After
this
in
the
same
[
(p)
](A56189-e62980-b)
(p)
An
Exact
abridgement
,
p.
376
,
377
,
378.
Placita
Coronae
eoram
Domino
Rege
in
Parliamento
suo
,
&c.
anno
21
R.
2.
n.
1.
to
26.
Parliament
of
21
R.
2.
the
Lords
Appellant
therein
named
accused
the
Duke
of
Glocester
,
the
Earls
of
Arundel
and
Warwick
,
and
others
of
High
Treason
,
for
procuring
the
Commission
in
10
R.
2.
for
raising
forces
,
and
coming
to
the
Kings
person
armed
;
For
accroching
to
themselves
royal
power
,
and
adjudging
some
to
death
,
and
executing
them
as
Traytors
in
the
Parliament
of
11
R.
2.
For
intending
to
surrender
up
their
Homage
and
allegeance
to
the
King
,
and
then
to
depose
him
;
and
saying
they
had
good
cause
to
depose
him
,
&c.
Hereupon
the
Earl
of
Arundel
being
brought
in
custody
to
the
Parliament
before
the
Lords
,
by
the
Kings
command
and
assent
of
the
Lords
,
had
his
charge
read
and
declared
before
him
by
the
Duke
of
Lancaster
Steward
of
England
;
to
which
he
pleaded
his
pardon
:
which
plea
being
disallowed
,
because
his
pardon
was
revoked
by
this
Parliament
,
and
he
relying
on
it
without
any
other
plea
▪
the
Lords
appellants
prayed
judgement
against
him
,
as
convict
of
the
Treasons
aforesaid
:
Whereupon
the
Duke
of
Lancaster
,
by
assent
of
the
KING
,
Bishops
,
Earles
,
and
LORDS
,
adjudged
him
convict
of
the
Articles
aforesaid
,
and
thereby
a
Traytor
to
the
King
and
Realm
,
and
that
he
should
be
therefore
hanged
,
drawn
and
quartered
,
and
forfeit
all
his
Lands
in
fee
or
fee-tayl
which
he
had
in
the
10.
year
of
this
King
,
with
all
his
goods
and
chattels
.
But
for
that
he
was
come
of
Noble
bloud
,
the
King
pardoned
his
execution
of
hanging
,
drawing
and
quartering
,
and
granted
that
he
should
be
beheaded
:
which
was
accordingly
executed
the
same
day
on
Tower
hill
by
the
Marshal
of
England
.
The
28.
of
September
,
the
[
(q)
](A56189-e63110-b)
(q)
Walsingham
,
Hist.
Angliae
,
p.
392
,
393.
Ypodig
.
Neustriae
p.
151
,
152.
Earl
of
Warwick
was
brought
to
his
Trial
in
the
same
manner
as
the
Earl
of
Arundel
;
who
confessed
all
the
Articles
,
submitted
to
the
Kings
grace
,
and
had
the
same
judgement
pronounced
against
him
in
the
same
manner
as
the
Earl
of
Arundel
.
But
the
King
at
the
Lords
Appellants
and
others
requests
pardoned
his
execution
,
granted
him
his
life
,
and
banished
him
into
the
Isle
of
Man
.
The
Duke
of
Norfolk
by
assent
and
Act
of
Parliament
,
was
tried
in
a
Court
Martial
by
the
King
,
Lords
and
some
Knights
,
for
words
spoken
against
the
King
,
and
judgement
was
there
given
that
he
should
be
banished
into
Hungary
,
and
his
lands
forfeited
to
the
King
.
Within
one
year
after
(
such
is
the
vicissitude
of
all
worldly
honour
and
power
)
in
the
[
(r)
](A56189-e63190-b)
(r)
An
Exact
abridgement
,
p.
399
,
400
,
408.
Parliament
of
1
H.
4.
Plac.
Coron.
n.
1.
to
11.
at
the
prayer
of
the
Commons
,
the
great
Lords
Appellants
,
Edward
Duke
of
Albemarl
,
Tho.
Duke
of
Surry
,
John
Duke
of
Exeter
,
John
Marquess
Dorset
,
John
Earl
of
Salisbury
,
and
Thomas
Earl
of
Glocester
,
were
all
questioned
and
brought
to
their
several
answers
before
the
King
and
Lords
for
their
Acts
and
proceedings
in
the
Parliament
of
21
R.
2.
the
records
whereof
being
read
before
them
in
Parliament
,
they
made
their
several
answers
and
excuses
thereunto
:
whereupon
the
King
and
Lords
,
after
consultation
thereupon
,
ADJUDGED
,
that
the
said
Dukes
,
Marques
,
and
Earls
should
lose
their
several
Titles
and
Dignities
of
Dukes
,
Marquess
and
Earls
,
with
all
the
honor
thereunto
belonging
;
and
that
they
should
forfeit
all
the
Lands
and
goods
which
they
or
any
of
them
had
given
them
,
at
the
death
of
the
Duke
of
Glocester
,
or
since
:
and
that
if
they
or
any
of
them
should
adhere
to
the
quarrel
or
person
of
King
Richard
,
lately
deposed
,
that
then
the
same
should
be
Treason
.
The
which
Judgement
was
pronounced
against
them
,
by
William
Thurning
,
Chief
Justice
of
the
Kings
Bench
,
in
Parliament
,
by
the
Kings
command
;
but
in
the
Parliament
of
2
H.
4.
rot.
Parl.
n.
33.
upon
the
Petition
of
the
Lords
and
Commons
to
the
King
,
the
Earls
of
Rutland
and
Somerset
were
pardoned
,
and
restored
by
the
King
in
Parliament
.
In
the
[
(s)
](A56189-e63410-b)
(s)
An
Exact
abridgement
,
p.
405
,
407.
Parliament
of
2
H.
4.
n.
14.
the
Bishop
of
Norwich
,
was
accused
by
Sir
Thomas
Erpingham
,
the
Kings
Vice-Chamberlain
before
the
King
and
Lords
,
of
divers
offences
against
the
King
;
who
taking
the
accusation
to
be
good
because
of
the
Bishops
order
,
and
that
he
was
of
the
king●
linage
;
pardoned
the
said
Bishop
,
all
his
misprisions
done
against
his
person
,
and
reconciled
the
Bishop
and
Sir
Thomas
one
to
another
.
And
n.
30
,
31.
all
the
Lords
Temporal
(
whose
names
are
there
recorded
,
being
25.
in
number
)
by
assent
of
the
King
,
declared
and
ADJUDGED
,
Thomas
Holland
late
Earl
of
Kent
,
John
Holland
late
Earl
of
Huntingdon
,
John
Mountague
late
Earl
of
Salisbury
,
Thomas
le
Despencer
,
Sir
Ralph
Lumley
Knight
,
and
divers
others
(
who
were
for
their
Rebellions
and
Treasons
,
in
levying
war
against
the
King
,
taken
,
slain
or
beheaded
by
certain
of
the
Kings
Subjects
)
to
be
Traytors
,
and
that
they
should
forfeit
all
such
Lands
as
they
had
in
fee
the
5.
of
January
,
the
first
year
of
the
King
,
or
at
any
time
after
,
with
all
their
goods
and
chattels
:
The
Record
is
,
Toutz
les
Seigneurs
temporelz
esteantz
en
Parlement
,
per
ussent
du
Roy
declarerent
,
et
adjuggerent
les
ditz
Thomas
,
&c.
pur
Trayteurs
,
pur
la
leve
de
Guerre
encountre
lour
Seignior
le
Roy
,
nient
obstant
qils
furent
mortz
sur
le
d●t
leve
de
guerre
sanz
process
de
ley
.
Lo
here
the
Lords
alone
by
the
Kings
assent
,
declare
and
adjudge
what
is
Treason
,
both
in
the
case
of
Lords
and
Commoners
too
,
and
●taint
and
give
Judgement
against
them
both
,
without
the
Commons
,
after
their
deaths
,
without
legal
trial
.
In
the
[
*
](A56189-e63610-b)
*
Cook
3
Instit.
p.
22.
&c.
Exact
abridgment
,
p
,
426.
Parliament
of
5
H.
4.
rot.
Parl.
n.
11
,
12
,
13
,
14.
On
Friday
the
18
of
February
the
Earl
of
Northumberland
came
before
the
King
,
Lords
and
Commons
in
Parliament
,
and
by
his
Petition
to
the
King
,
acknowledged
,
that
he
had
done
against
his
Lawes
and
allegeance
;
and
especially
for
gathering
power
&
giving
of
Liveries
,
for
which
he
put
himself
upon
the
Kings
grace
and
prayed
pardon
,
the
rather
,
for
that
upon
the
Kings
Letters
he
yielded
himself
,
and
came
to
the
King
at
York
;
whereas
he
might
have
kept
himself
away
.
Which
Petition
by
the
Kings
command
was
delivered
to
the
Justices
to
be
examined
,
and
to
have
their
counsel
and
advice
therein
:
Whereupon
the
LORDS
made
a
Protestation
;
que
le
Juggement
appentient
a
●ux
tout
soulement
,
THAT
THE
JUDGEMENT
APPERTAINED
ONLY
TO
THEM
.
And
after
the
said
Petition
being
read
and
considered
before
the
King
and
the
said
Lords
,
as
Peers
of
Parliament
,
aus
queux
teils
juggeme●t
apperteignent
de
deoit
;
to
whom
such
Iudgements
appertained
of
right
,
having
had
by
the
Kings
command
competent
deliberation
thereupon
:
and
having
also
heard
and
considered
as
well
the
Statute
made
in
the
25.
year
of
King
Edward
the
Kings
Grand
father
that
now
is
,
concerning
the
Declaration
of
Treason
,
as
the
Statutes
of
Liveries
made
in
this
Kings
reign
,
ADJUDGED
;
That
that
which
was
done
by
the
said
Earl
contained
within
his
Petition
,
was
neither
Treason
,
nor
Felony
,
but
Trespas
;
for
which
the
said
Earl
ought
to
make
fine
and
ransom
at
the
will
of
the
King
.
Whereupon
the
said
Earl
most
humbly
thanked
our
Lord
the
King
,
and
the
said
Lords
his
Peers
of
Parliament
for
their
rightfull
judgement
and
the
Commoners
for
their
good
affections
and
d●ligence
used
and
shewen
in
this
behalf
;
And
the
said
Earl
further
prayed
the
King
,
that
in
assurance
of
these
matters
,
to
remove
all
jealousies
and
evil
suspitions
,
that
he
might
be
sworn
a
new
in
the
presence
of
the
King
,
and
of
the
Lords
and
Commons
in
Parliament
;
and
the
said
Earl
took
an
Oath
upon
the
Crosier
of
the
Archbishop
of
Canterbury
,
to
be
a
faithfull
and
loyal
liege
to
our
Lord
the
King
,
the
Prince
his
Son
,
and
to
the
heirs
of
his
body
inheritable
to
the
Crown
according
to
the
Laws
of
England
;
Whereupon
the
king
out
of
his
grace
pardoned
him
his
fine
and
ransom
for
the
trespass
aforesaid
.
After
which
,
num.
17.
the
Lords
Spiritual
and
Temporal
,
humbly
thanked
the
King
,
sitting
in
his
royal
Throne
in
the
white
Chamber
,
for
his
grace
and
pardon
to
the
said
Earl
of
his
fine
and
ransom
:
and
likewise
the
Commons
thank●
the
Lords
Spiritual
and
Temporal
,
for
the
good
and
just
Iudgement
they
had
given
,
as
Peers
of
Parliament
to
the
said
Earl
.
From
this
memorable
Record
▪
I
shall
observe
;
First
,
that
though
this
Declaration
of
this
Earls
case
was
made
by
his
Petition
in
the
presence
of
the
King
,
Lords
and
Commons
in
Parliament
,
according
to
the
Statute
of
25
E.
3.
yet
the
Lords
only
by
Protestation
in
presence
of
the
King
and
Commons
,
claimed
to
be
the
sole
Iudges
of
it
,
as
Peers
of
Parliament
,
and
belonging
to
them
OF
RIGHT
.
Secondly
,
That
this
claim
of
theirs
in
this
case
,
was
acknowledged
and
submitted
to
both
by
the
King
and
Commons
:
and
thereupon
the
Lords
only
,
after
serious
consideration
of
the
case
and
Statutes
whereon
it
depended
,
gave
the
definitive
sentence
and
judgement
in
this
case
;
that
it
was
neither
Treason
nor
Felony
,
but
Trespass
only
,
&c.
Thirdly
,
That
the
Earl
thanked
the
King
,
only
for
his
grace
,
the
Lords
for
their
just
Iudgement
,
and
the
Commons
only
for
their
good
hearts
and
diligence
,
having
no
share
in
the
judgement
,
though
given
by
the
Lords
both
in
the
Kings
and
their
presence
;
and
that
the
Commons
themselves
returned
special
thanks
to
the
Lords
Spiritual
and
Temporal
in
Parliament
,
for
their
good
and
just
judgement
.
Fourthly
,
That
this
judgement
of
the
Lordr
only
,
was
final
and
conclusive
,
both
to
the
King
and
Commons
,
who
acquiesced
in
it
.
In
the
[
(t)
](A56189-e64130-b)
(t)
Exact
abridgement
,
p.
539.
Parliament
of
2
H.
5.
rot.
Parl.
num.
13
,
14.
Thomas
Mountague
Earl
of
Salisbury
,
son
and
heir
of
John
Mountague
Earl
of
Salisbury
,
exhibited
his
petition
in
Parliament
to
reverse
a
judgement
given
against
his
said
father
in
the
Parliament
at
Westminster
in
the
second
year
of
King
Henry
the
fourth
,
rot.
Parl.
n.
30
,
31.
forecited
,
wherein
amongst
others
he
was
attainted
of
Treason
by
judgement
of
all
the
Temporal
Lords
in
Parliament
:
and
thereupon
he
exhibited
certain
reversals
of
Judgements
given
in
Parliament
,
as
making
on
his
behalf
,
to
the
Lords
consideration
,
reversed
for
some
errors
assigned
in
those
judgements
;
to
wit
,
one
judgement
given
against
Thomas
heretofore
Earl
of
Lancaster
,
before
King
Edward
the
second
at
Pomfract
,
the
Monday
before
the
feast
of
the
Annunciation
,
in
the
fifteenth
year
of
his
reign
▪
and
another
Judgement
against
Roger
de
Mortymer
,
late
Earl
of
March
,
in
the
Parliament
of
King
Edward
the
third
,
the
Monday
after
the
feast
of
St.
Katherine
,
in
the
fourth
year
of
his
reign
,
at
Westminster
.
Which
Judgements
being
distinctly
and
openly
read●
and
fully
understood
;
It
seemed
to
the
King
and
Lords
,
that
the
case
of
the
death
and
execution
of
the
said
John
late
Earl
of
Sarum
,
and
of
the
judgement
aforesaid
against
him
given
,
is
not
,
nor
was
like
to
the
case
of
the
executing
of
the
said
Th.
heretofore
Earl
of
Lancaster
,
nor
to
the
case
of
the
putting
to
death
of
Roger
Earl
of
March
,
nor
to
any
judgement
given
against
the
said
Thomas
and
Roger
,
as
aforesaid
,
but
that
the
judgement
and
declaration
had
and
given
against
the
said
John
late
Earl
of
Sarum
were
a
good
,
just
and
legal
Declaration
and
Iudgement
.
Per
quod
:
consideratum
suit
in
praesenti
Parliamento
per
praedictos
Dominos
tunc
ibidem
existentes
,
de
assensu
di●
Domini
nostri
Regis
quod
praefatus
nunc
Comes
Sarum
nihil
capiat
per
petitionem
,
aut
prosecutionem
suam
praedictam
.
Et
ulterius
tam
Domini
spirituales
quam
temporales
supradicti
,
judicium
et
Declarationem
pradicta
versus
dictum
Joannem
quondam
Comitem
Sarum
,
ut
praemittitur
habita
sive
reddita
de
assensu
ipsius
Domini
Regis
affirmarunt
fore
et
esse
bona
,
justa
et
legalia
,
et
ea
pro
hujusmodi
ex
abundanti
decreverunt
et
adjudicarunt
tuuc
ibidem
.
[
(t)
](A56189-e64530-b)
(t)
Exact
Abridgement
,
p.
539.
This
is
all
that
is
mentioned
in
that
Parliament
Roll
concerning
this
businesse
.
Sir
Edw.
Cook
who
hath
an
excellent
faculty
above
all
others
I
have
yet
met
with
,
in
mistaking
,
mis-reciting
,
and
perversing
Records
,
and
Law-books
too
oft
times
,
which
he
had
no
leisure
to
peruse
(
which
I
desire
all
Lawyers
and
others
to
take
notice
of
who
deem
all
he
writes
to
be
Oracle
,
lest
they
be
seduced
by
him
)
in
his
4
Institutes
,
p.
23.
affirms
with
confidence
,
That
in
this
Rot.
Parl.
2.
H.
5.
n.
13.
Error
was
assigned
(
to
reverse
this
judgement
)
that
the
Lords
gave
judgement
without
Petition
or
assent
of
the
COMMONS
;
citing
it
to
prove
,
that
the
COMMONS
have
a
power
of
judicature
,
together
with
the
LORDS
.
But
under
his
favour
,
I
can
assure
ye
Reader
,
1.
That
there
is
no
such
error
at
all
either
mentioned
or
intended
in
this
Record
,
nor
any
one
syllable
tending
to
that
purpose
.
2ly
.
The
Petition
mentions
no
error
at
all
in
this
judgement
;
but
only
remembers
two
presidents
of
judgement
formerly
reversed
;
the
first
in
the
case
of
Thomas
Earl
of
Lancaster
,
in
15
E.
2.
which
judgement
was
given
against
him
at
Pomfret
Castle
,
which
was
afterwards
reversed
,
as
Sir
Edward
Cooke
himself
informs
us
in
his
3
Institutes
,
c.
7.
p.
52
,
53.
in
Pas.
39
E.
3.
Coram
rege
,
rot.
92.
for
this
only
reason
,
Qua
contra
Chartam
de
libertatibus
,
cum
dictus
Thomas
fuit
unus
PARIVM
&
MAGNATUM
Regni
,
non
imprisonetur
,
&c.
nec
dictus
Rex
super
eum
ibit
,
nec
super
eum
mittet
,
nisi
per
legale
judicium
PARIUM
SUORVM
,
&c.
tamen
tempore
pacis
absque
juramento
,
seu
responsione
,
seu
legale
judicio
PARIUM
SUORUM
,
&c.
adjudicatus
est
morti
.
The
other
was
the
judgement
given
against
Roger
Mortymer
in
the
Parliament
of
4
E.
3.
reversed
for
the
like
reason
in
the
Parliament
of
28
E.
3.
n.
10
,
11
,
12.
forecited
,
being
condemned
and
executed
by
the
Lords
,
without
any
arraignment
,
hearing
,
trial
,
or
answer
,
against
the
Great
Charter
.
Now
these
two
Presidents
are
pointblank
against
this
pretended
error
alleged
by
Sir
Edward
Cook
,
That
the
Lords
gave
judgement
without
the
assent
of
the
Commons
,
and
it
had
been
very
improper
for
them
to
allege
the
reversal
of
them
for
want
of
a
legal
tryal
by
their
Peers
;
to
prove
that
the
Commons
,
who
are
no
Peers
,
should
have
assented
to
the
Earl
of
Salisburies
judgement
;
and
because
they
did
it
not
,
it
was
Error
and
reversible
;
These
presidents
therefore
might
have
minded
him
of
his
gross
mistake
.
3ly
.
The
King
and
Lords
upon
consideration
declared
,
and
adjudged
these
two
cases
and
judgements
,
upon
perusal
of
them
not
to
be
like
the
case
of
the
Earl
of
Salisbury
,
who
being
slain
in
rebellion
,
and
actual
war
against
the
king
;
could
not
be
personally
arraigned
and
condemned
,
as
the
other
two
might
,
and
ought
to
have
been
,
and
therefore
the
judgement
given
against
him
in
this
case
by
the
King
and
Lords
in
Parliament
,
who
were
his
Peers
,
was
a
good
,
just
,
and
legal
judgement
,
and
no
ways
against
the
great
Charter
.
4ly
.
The
Commons
themselves
in
the
Parliament
o
13
H.
4.
rot.
Parl.
n.
19.
acknowledged
this
judgement
to
be
good
without
their
assents
,
by
their
Petition
to
the
K●ng
that
John
Lumly
whose
Father
was
attainted
of
Treason
by
it
(
together
with
the
Earl
of
Salisbury
,
might
be
restored
to
blood
and
lands
(
by
Act
of
Parliament
,
and
the
Kings
grace
)
notwithstanding
this
judgement
of
Treason
against
them
.
Which
the
King
;
by
assent
of
the
Lords
Spiritual
and
Temporal
,
consented
unto
.
5
ly
.
In
the
Parliament
of
3
E.
4.
n.
31
,
32.
this
judgement
was
made
void
and
repealed
out
of
the
Kings
Grace
,
by
a
special
act
of
Parliament
,
and
the
heir
restored
,
but
the
judgement
not
reversed
for
any
Error
.
6ly
.
Had
there
been
any
such
Error
assigned
,
as
is
alleged
;
yet
the
King
and
Lords
,
upon
solemn
debate
and
deliberation
,
over-ruled
,
and
adjudged
it
to
be
no
Error
at
all
(
as
he
pretends
it
)
and
thereupon
abated
the
Petition
,
and
adjudged
the
Judgement
and
Declaration
given
by
the
Lords
alone
,
with
the
Kings
assent
,
in
2
H.
4.
(
without
the
Commons
Petition
or
assent
)
to
be
GOOD
,
JUST
,
AND
LEGAL
,
reconfirming
it
a
new
on
Record
as
such
:
Therfore
it
was
a
gross
oversight
in
him
to
assign
and
print
it
as
an
Error
,
and
a
President
of
the
Commons
House
,
or
both
Houses
power
of
judicatures
together
:
when
as
it
is
a
most
undeniable
double
Parliamentary
resolution
,
of
the
Kings
and
Lords
sole
right
of
judicature
,
&
of
their
declaring
and
judging
in
Parliament
what
is
Treason
,
and
what
not
within
the
Statute
of
25
E.
1.
without
the
Commons
assent
or
privity
,
and
an
unanswerable
refutation
of
his
sole
opinion
to
the
contrary
in
his
3
Institutes
,
c.
2.
p.
22.
which
he
opposeth
against
not
only
these
two
Parliamentary
resolutions
,
but
likewise
against
5
H.
4.
n.
11
,
12.15
and
17
R.
2.
rot.
Parl.
n.
20.
there
quoted
by
him
.
By
this
you
may
judge
how
little
credit
is
to
be
given
to
Sir
Edwards
quotations
and
authority
,
in
matters
concerning
Parliamentary
Judgements
and
Records
.
In
the
[
*
](A56189-e65020-b)
*
Exact
Abridgement
,
p.
641
,
642
,
643
,
644.
Parliament
of
28
H.
6.
rot.
Parl.
n.
14.
to
53.
The
Commons
generally
accusing
,
William
de
la
Pool
Duke
of
Suffolk
to
the
King
and
Lords
,
he
thereupon
required
of
the
king
,
that
he
might
be
specially
accused
,
and
heard
to
answer
to
that
which
many
men
reported
of
him
to
be
an
untrue
man
,
making
therewith
a
protestation
of
his
manifold
good
services
in
the
wars
,
and
as
a
Privy
Counsellor
for
sundry
years
;
and
so
asking
God
mercy
,
as
he
had
been
true
to
the
King
and
his
Realm
,
required
his
purgation
;
The
26
of
January
the
Commons
required
,
that
for
this
his
Confession
he
might
be
committed
to
ward
.
The
Lords
and
Judges
upon
consultation
,
thought
there
was
no
good
cause
for
that
,
unlesse
some
special
matter
were
objected
against
him
.
The
28
day
of
January
,
the
Speaker
declared
that
the
said
Duke
(
as
it
was
said
)
had
sold
the
Realm
to
the
French
,
who
had
prepared
to
come
hither
,
and
for
his
own
defence
had
furnished
Wallingford
Castle
with
all
warlike
necessaries
;
upon
whose
request
the
said
Duke
was
then
committed
to
the
Tower
of
London
.
The
7
day
of
February
,
the
Commons
by
William
Trussel
their
Speaker
,
brought
up
and
presented
to
the
King
and
Lords
in
the
Lords
House
a
Bill
against
the
said
Duke
,
containing
an
impeachment
of
several
High
Treasons
committed
by
him
against
the
King
,
requiring
of
the
Lords
all
their
Articles
therein
to
be
enacted
,
with
prosecution
therein
.
The
9.
of
March
they
exhibited
new
articles
of
complaint
against
the
Duke
,
comprising
sundry
misdemeanors
against
the
king
,
and
other
persons
,
which
they
require
might
be
enrolled
,
and
that
the
Duke
might
answer
to
them
.
The
9.
of
March
the
Duke
was
brought
by
the
kings
writ
from
the
Tower
into
the
Parliament
Chamber
,
before
the
King
and
Lords
;
where
the
Articles
were
rehearsed
to
him
,
who
desired
Copies
of
them
,
which
was
granted
:
And
he
for
more
ready
answer
was
committed
to
certain
Esquires
,
to
be
kept
in
the
Tower
,
within
the
kings
palace
.
The
14
of
March
the
Duke
appeared
before
the
K.
&
Lords
where
on
his
knees
he
denied
as
untrue
the
8
Articles
of
Treason
,
and
the
same
offered
to
prove
,
as
the
King
shall
appoint
.
The
Chief
Justice
thereupon
by
the
kings
command
,
asked
this
Question
of
the
Lords
,
what
advise
they
would
give
the
King
,
what
is
to
do
further
in
this
matter
?
which
advise
was
deferred
till
Monday
then
next
following
;
whereon
nothing
was
done
in
that
matter
.
On
Tuesday
the
17
of
March
,
the
king
sent
for
all
the
Lords
Spiritual
and
Temporal
then
being
in
Town
(
being
24
in
all
)
into
his
Inner
Chamber
within
his
Palace
of
Westminster
,
where
when
they
were
all
assembled
,
he
then
sent
for
the
Duke
thither
;
who
coming
into
the
Kings
presence
,
kneeled
down
,
and
continued
kneeling
till
the
Chancellor
of
England
had
delivered
the
kings
command
to
him
;
and
demanded
of
him
,
what
he
said
to
the
Commons
Articles
,
not
having
put
himself
upon
his
Peerage
?
Whereupon
the
Duke
denied
all
the
Articles
touching
the
kings
Person
,
and
state
of
the
Realm
,
as
false
and
scandalous
.
And
so
not
departing
from
his
said
Answers
,
submitted
himself
to
the
kings
Rule
and
Governance
,
without
putting
himself
upon
his
Peerage
.
Where
thus
the
Chancellor
told
him
.
That
as
touching
the
great
and
horrible
crimes
contained
in
the
first
Bill
,
the
king
holdeth
him
neither
declared
nor
charged
.
And
as
touching
the
second
Bill
,
containing
misprisions
which
are
not
criminal
,
the
king
by
force
of
his
submission
,
by
his
own
advice
,
and
not
reporting
him
to
the
advice
of
the
Lords
,
nor
by
way
of
judgement
,
for
he
is
not
in
place
of
judgement
,
putteth
you
to
his
Rule
and
Governance
;
that
before
the
first
of
May
next
coming
,
he
should
absent
himself
out
of
the
kingdom
of
England
,
and
all
other
his
Dominions
,
in
France
,
or
elsewhere
,
and
that
he
,
nor
no
man
for
him
,
should
shew
or
wait
any
malice
,
nor
hate
,
to
any
person
of
what
degree
soever
of
the
Commons
in
the
Parliament
,
in
no
manner
of
wise
,
for
any
thing
done
to
him
in
this
Parliament
or
elsewhere
.
And
forthwith
Viscount
Beaumont
,
in
behalf
of
the
said
LORDS
both
spiritual
and
Temporal
,
and
by
their
advice
,
assent
,
and
desire
,
said
and
declared
to
the
Kings
Highness
;
That
this
that
so
was
decreed
and
done
by
his
Excellency
,
concerning
the
person
of
the
said
Duke
,
proceeded
not
by
their
advice
and
Counsels
;
but
was
done
by
the
Kings
own
demeanoir
and
rule
.
Wherefore
they
besought
the
King
that
this
their
saying
might
be
enacted
in
the
Parliament
Roll
for
their
more
declaration
hereafter
;
with
this
protestation
,
that
it
should
not
be
,
nor
turn
in
prejudice
nor
derogation
of
them
,
their
heirs
,
ne
of
their
successors
in
time
coming
;
;
but
that
they
may
have
and
enjoy
their
liberty
,
as
they
,
or
any
of
their
Ancestors
and
Predecessors
had
and
enjoyed
before
this
time
.
This
is
the
sum
of
this
large
Record
,
which
makes
nothing
to
the
purpose
for
which
Sir
Edward
Cook
cites
it
in
his
4
Institutes
,
p.
25.
That
it
is
ERROR
when
both
Houses
joyn
not
in
the
Judgement
.
For
first
,
here
is
nothing
but
an
impeachment
only
by
the
Commons
of
a
Peer
,
who
ought
to
be
tryed
,
judged
only
by
his
Peers
,
not
by
Commoners
.
Secondly
,
there
was
no
judgement
given
in
Parliament
in
this
case
,
but
only
a
private
Award
made
by
the
King
,
out
of
the
Parliament
House
in
his
own
Chamber
,
in
presence
of
the
Lords
.
Thirdly
,
the
Lords
entred
a
special
protestation
against
it
,
as
not
made
by
their
advice
or
consent
.
Fourthly
,
they
enter
a
special
claim
in
the
Parliament
Roll
,
for
the
preservation
of
their
Right
and
Freedom
of
Peerage
for
hereafter
,
both
of
being
tried
and
judged
only
by
their
Peers
in
Parliament
;
and
so
an
express
resolution
,
that
the
Peers
in
Parliament
are
and
ought
to
be
Judges
,
especially
of
Peers
,
not
the
Commons
.
These
Records
of
these
cited
at
large
,
lest
Sir
Edward
Cooks
brief
quotation
and
mis-recital
of
them
should
deceive
the
credulous
or
ignorant
Readers
.
In
the
[
(x)
](A56189-e65510-b)
(x)
Exact
abridgement
.
p.
653.
Parliament
of
31
H.
6.
rot.
Parl.
n.
28.
Thomas
Earl
of
Devonshire
,
was
accused
of
Treason
,
tried
for
,
and
acquitted
thereof
by
his
Peers
,
before
Humfrey
Duke
of
Buckingham
,
Steward
of
England
for
the
time
being
:
And
for
that
the
Duke
of
York
thought
the
loyalty
of
the
said
Earl
to
be
touched
;
thereupon
the
said
Earl
protesting
his
Loyalty
,
referred
himself
to
further
Trial
as
a
Knight
should
doe
:
upon
which
declaration
THE
LORDS
in
Parliament
acquitted
him
as
a
loyal
Subject
.
[
(y)
](A56189-e65630-b)
(y)
Exact
Abridgement
,
p.
670
,
671
,
676
,
677.
Edward
Duke
of
York
,
with
the
Earls
of
March
,
Warwick
,
Salisbury
,
Rutland
,
John
Lord
Clinton
,
and
others
,
were
impeached
and
attainted
by
Judgement
of
the
Lords
in
Parliament
,
of
High
Treason
,
for
raising
forces
and
levying
war
against
King
Henry
the
6.
and
afterwards
attainted
by
Bill
;
in
the
Parliament
of
38
H.
6.
n.
7.
to
26.
In
the
[
(z)
](A56189-e65710-b)
(z)
An
Exact
abridgement
,
p.
670
,
671
,
672
,
677
,
699.
Pa●liamenr
of
1
E.
4.
n.
17.
to
71.
The
Duke
of
Exeter
,
Viscount
Beamont
,
the
Earls
of
Pembroke
Wilts
,
and
Devonshire
,
the
Lords
Nevil
,
Roos
,
Gray
,
Dacre
,
Hungerford
and
others
,
were
first
attainted
and
condemned
of
High
Treason
by
THE
LORDS
,
and
after
by
Bill
,
for
levying
warr
against
King
Edward
the
fourth
.
The
Duke
of
Somerset
,
and
others
in
the
Parliament
of
4
E.
4.
n.
28.
to
39.
and
John
Vere
Earl
of
Oxford
,
with
others
in
the
Parliament
of
14
E.
4.
n.
34.
to
41.
were
in
the
same
manner
for
the
same
offence
,
attainted
of
High
Treason
,
and
their
Lands
forfeited
.
To
pretermit
all
other
Attainders
of
this
Nature
in
cases
of
High
Treason
,
in
the
reigns
of
Henry
the
8.
Edward
the
6.
Queen
Mary
,
Queen
Elizabeth
,
and
King
James
,
both
in
our
English
and
Irish
Parliaments
,
formerly
touched
,
p.
196
,
197
,
198
199.
In
[
(a)
](A56189-e65880-b)
(a)
Cooks
4
Institutes
,
p.
23.
3
Institutes
,
p.
148.
the
Parliaments
of
18
,
&
21
Jacobi
,
Sir
Francis
Bacon
Viscount
St.
Alban
,
Lord
Chancellor
of
England
,
and
the
Earl
of
Middlesex
Lord
Treasurer
of
England
,
were
impeached
,
accused
,
convicted
of
Bribery
,
Corruption
,
and
other
misdemeanors
,
removed
from
their
places
,
fined
(
Middlesex
50000
l.
)
imprisoned
,
made
uncapable
of
any
Office
,
and
thus
censured
by
Iudgement
of
the
Lords
house
,
as
the
Journals
of
those
Parliaments
inform
us
.
In
the
Parliament
of
2.
Caroli
,
the
[
(b)
](A56189-e66000-b)
(b)
See
my
Hidden
works
of
Darkness
brought
to
publike
light
.
Duke
of
Buckingham
impeached
the
Earl
of
Bristol
,
and
the
Earl
of
Bristol
impeached
this
Duke
before
the
Lords
,
in
sundry
Articles
,
for
divers
misdemeanours
touching
the
Spanish
match
,
King
,
Prince
,
to
seduce
him
in
his
religion
,
praying
judgment
of
the
Lords
thereupon
against
each
other
.
In
the
Parliament
of
3.
Caroli
,
the
Duke
of
Buckingham
was
accused
and
Impeached
by
the
Commons
before
the
Lords
for
sundry
high
Misdemeanors
,
and
the
Parliament
thereupon
dissolved
to
prevent
his
censure
.
In
this
very
Parliament
of
[
(b)
](A56189-e66120-b)
(b)
See
this
Impeachment
and
Trial.
Mr.
John
Pyms
Speech
,
and
Mr.
Oliver
St.
Johns
argument
at
Law
,
at
his
Trial
and
concerning
his
Bill
of
Attainder
,
12
April
1641.
King
Charls
now
sitting
,
Thomas
Earl
of
Strafford
was
accused
and
impeached
by
the
House
of
Commons
of
High
Treason
,
and
other
misdemeanors
,
comprised
in
sundry
Articles
,
which
they
transmitted
●o
the
House
of
Lords
,
desiring
that
he
might
be
put
to
answer
them
,
and
such
proceedings
,
examination
,
trial
and
judgement
thereupon
had
and
given
against
him
by
the
Lords
,
as
is
agreeable
to
Law
and
Justice
.
Hereupon
he
was
openly
tried
in
Westminster
Hall
,
before
the
House
of
Lords
,
there
sitting
as
his
Judges
,
where
the
House
of
Commons
prosecuted
and
gave
in
Evidence
against
him
sundry
dayes
;
and
in
conclusion
,
demanded
the
Lords
to
give
Iudgement
against
him
,
in
the
Iudicial
way
.
After
which
they
proceeded
against
him
by
way
of
Bill
;
not
to
decline
their
Lordships
Iustice
in
a
Iudicial
way
;
but
to
husband
time
,
by
preventing
some
doubts
and
as
the
speediest
and
soonest
way
:
Upon
the
passing
of
which
Bill
,
he
was
beheaded
and
executed
as
a
Traytor
.
[
(c)
](A56189-e66300-b)
(c)
See
Mr.
Pyms
Speech
,
Feb.
26.
1640.
&
My
Canterburies
Doom
,
p.
25
,
26
,
27
,
28.48
,
49
,
&c.
On
the
26
of
February
,
1640.
William
Laud
Archbishop
of
Canterbury
,
was
accused
and
impeached
of
High
Treason
by
the
House
of
Commons
of
14.
Articles
then
transmitted
by
them
to
the
House
of
Lord
;
The
first
whereof
was
this
;
That
he
had
trayterously
endeavoured
to
subvert
the
fundamental
Laws
and
Government
of
the
Realm
,
and
instead
thereof
,
to
introduce
an
Arbitrary
and
Tyrannical
Government
against
Law
:
And
the
last
of
them
,
this
:
That
he
had
laboured
to
subvert
the
rights
of
Parliament
and
the
ancient
Course
of
Parliamentary
proceeding
(
which
the
New-modellers
of
our
Parliaments
,
more
guilty
hereof
by
many
degrees
than
he
,
may
do
well
to
consider
:
)
Upon
which
they
prayed
,
from
the
Lords
such
proceedings
,
examination
,
trial
and
Iudgement
against
him
,
as
is
agreeable
to
Law
and
Justice
.
Upon
these
Articles
he
was
brought
to
a
publike
Trial
in
the
Lords
House
the
12.
of
March
,
1643.
and
after
17.
whole
dayes
spent
in
his
meer
Trial
,
and
proof
of
the
Charge
against
him
,
and
his
defence
thereto
morning
and
evening
;
and
several
other
dayes
spent
in
the
hearing
of
him
and
his
Council
,
and
the
Commons
Reply
touching
his
Charge
and
the
matters
of
Law
,
whether
the
Charge
pr●
against
him
amounted
to
High
Treason
;
the
Lords
upon
most
mature
deliberation
,
voted
him
Guilty
,
of
all
the
Articles
and
matters
of
fact
charged
against
him
,
and
also
of
High
Treason
;
and
thereupon
passed
an
Ordinance
for
his
Attainder
;
;
by
vertue
whereof
he
was
beheaded
as
a
Traytor
on
Tower-Hill
,
January
10.
1644.
To
these
I
might
add
the
[
(d)
](A56189-e66530-b)
(d)
See
My
Antipathy
of
the
English
Lordly
Prelacy
to
Regal
Monarchy
,
&c
p.
277
,
278
,
279
,
305
,
&c.
seveeal
Articles
of
Impeachment
transmitted
by
the
House
of
Commons
this
Parliament
to
the
Lords
,
against
Matthew
Wren
,
Bishop
of
Norwich
the
20.
of
July
1641.
against
William
Pierce
Bishop
of
Bath
and
Wells
;
and
against
the
Bishops
of
Winchester
,
Coventry
and
Litchfield
,
Glocester
,
Chichester
,
Exeter
,
St.
Asaph
,
Hereford
,
Ely
,
Bangor
,
Bristol
,
Rochester
,
Peterborough
and
Landaffe
▪
August
4.
1641.
requiring
such
proceedings
from
the
Lords
against
them
,
as
to
Law
and
Justice
shall
appertain
.
All
which
are
a
superabundant
impregnable
Evidence
of
the
Lords
inherent
Judicial
power
and
right
of
Judicature
in
our
English
Parliaments
,
even
by
the
Commons
House
own
Impeachments
and
acknowledgements
,
against
the
Levellers
pretences
,
to
the
contrary
.
By
all
these
forecited
presidents
it
is
most
apparent
:
1.
That
the
King
and
Lords
in
our
Parliaments
in
all
ages
both
before
and
since
the
Commons
admission
to
sit
and
vote
in
Parliaments
,
have
been
the
sole
Judges
of
Ecclesiastical
Peers
and
Lords
in
all
criminal
cases
,
without
the
Commons
.
2ly
,
That
the
Lords
and
Peers
of
the
Realm
,
(
except
only
in
case
of
appeal●
)
both
in
and
out
of
Parliament
,
are
triable
only
by
their
Peers
:
And
therefore
the
Trial
,
condemnation
and
execution
of
any
of
them
by
Marshal
Law
,
or
now
misnamed
High
Courts
of
Justice
by
Commoners
and
others
who
are
not
their
Peers
,
is
most
illegal
,
unjust
,
and
nought
else
but
murther
;
as
the
[
(e)
](A56189-e66730-b)
(e)
An
Exact
abridgement
,
p.
388
,
670.
Parliaments
of
1
H.
4.
rot.
Parl.
n.
45.
of
1
E.
4.
rot.
Parl.
n.
18.
resolve
▪
and
as
it
was
adjudged
in
the
case
of
Thomas
Earl
of
Lancaster
,
Pa●ch
.
39
E.
3.
Coram
Rege
,
Rot.
92.
Wi●
.
Cooks
3.
Institutes
,
p.
52
,
53.
Secondly
,
The
next
and
main
question
now
con●roverted
,
will
be
;
Whether
the
King
,
&
House
of
Peers
,
have
any
lawfull
or
sole
power
of
Judicature
in
and
over
the
persons
,
of
the
Commons
of
England
,
as
well
as
over
Peers
,
in
criminal
causes
,
misdemeanours
,
offences
,
or
breaches
of
their
Parliamentary
privileges
;
so
farr
as
to
fine
,
imprison
,
censure
,
judge
or
condemn
them
in
any
kind
,
without
the
House
of
Commons
concurrent
vote
or
judicature
?
This
the
ignorant
sottish
Levellers
,
Sectaries
,
(
seduced
by
their
blind
guides
,
John
Lilburn
,
and
Overton
)
peremptorily
deny
:
the
contrary
whereof
,
I
shall
here
infallibly
make
good
,
to
their
perpetual
shame
and
refutation
,
by
unanswerable
Reasons
and
presidents
in
all
ages
.
1.
I
have
[
(f)
](A56189-e66870-b)
(f)
Page
163
,
164
,
183
,
184
,
185
,
186.
already
manifested
,
That
the
Parliament
being
the
supremest
Court
of
Judicature
in
the
Realm
,
must
consequently
have
a
lawfull
Jurisdiction
over
all
persons
and
members
of
the
Realm
,
whether
Spiritual
or
Temporal
Lords
or
Commons
,
in
all
criminal
and
civil
Causes
proper
for
Parliaments
to
judge
or
punish
;
That
this
power
of
judicature
was
originally
and
primitively
vested
in
the
King
and
Lords
alone
,
before
there
were
any
Knights
,
Citizens
,
Burgesses
or
Commons
summoned
to
our
Parliaments
;
(
as
is
evident
by
[
(g)
](A56189-e66890-b)
(g)
Here
,
p.
30
,
31
,
33
,
34.
the
antient
writers
Glanvil
,
Bracton
,
Fleta
,
Horn
,
the
Parliament
of
Clarindon
,
Anno.
1164.
and
other
forecited
authorities
;
)
and
never
transferred
by
them
to
the
House
of
Commons
upon
or
after
their
admission
into
our
Parliaments
,
but
remaining
intirely
in
the
King
and
Lords
as
at
first
;
as
the
whole
House
of
Commons
acknowledge
upon
record
1
H.
4.
rot.
parl.
n.
79.
Therefore
they
may
lawfully
exercise
this
their
judicial
power
and
jurisdiction
over
the
Commoners
of
England
in
all
such
causes
now
,
and
hereafter
,
and
that
of
right
,
as
this
record
resolves
they
may
do
,
in
positive
terms
.
2ly
,
Our
Histories
,
Law-books
and
Records
agree
,
that
in
ancient
times
,
our
Earls
,
who
were
called
Comites
,
or
Counts
from
the
word
County
,
had
the
chief
Government
and
Rule
of
most
of
the
Counties
of
this
Realm
under
our
King
,
and
that
they
,
and
the
Barons
were
the
proper
Judges
of
the
Common
people
,
both
in
criminal
and
civil
Causes
in
the
Tourns
,
&
County-Courts
;
even
by
vertue
of
their
Dignities
and
Offices
,
as
our
Sheriffs
are
now
;
in
which
Courts
they
did
instruct
the
people
in
the
Laws
of
the
Land
;
and
administer
Justice
to
them
in
all
ordinary
Civil
and
criminal
causes
.
For
proo●
whereof
you
may
peruse
at
leisure
,
M.
Seldens
Titles
of
Honour
,
Part
2.
c
▪
5.
Sect.
5.
Sir
Edw.
Cooks
Institutes
on
Magna
Charta
,
c.
35.
His
4.
Institutes
,
c.
53.
the
Laws
of
King
Edgar
,
and
Edward
there
cited
.
Spelmanni
Glossarium
,
Tit.
Comites
,
Mr.
Lambards
Archaion
,
f.
135.
Horns
Mirrour
of
Justices
,
c.
1.
Sect.
2
,
3.
If
then
they
were
Judges
of
the
Commons
and
people
in
every
County
,
by
reason
of
their
Honours
,
Dignities
,
even
in
antientest
times
,
in
ordinary
Causes
;
there
is
great
right
and
reason
too
,
they
should
be
their
Judges
also
in
all
their
extraordinary
causes
,
as
well
criminal
as
civil
,
even
in
Parliament
,
3ly
,
The
Lords
,
Peers
and
great
Officers
of
State
,
in
respect
of
their
education
,
learning
,
experience
in
all
proceedings
of
Justice
and
Law
,
are
more
able
,
fit
to
be
Iudges
of
Commons
in
Parliament
,
than
ordinary
Citizens
and
Burgesses
(
especially
if
chosen
out
of
the
Cities
and
Boroughs
themselves
for
which
they
serve
,
as
antiently
they
were
,
and
still
ought
to
be
by
the
Statutes
of
1
H.
5.
c.
1.
32
H.
6.
c.
15.
and
by
the
very
purports
of
the
writs
for
their
election
at
this
very
day
:
&
de
qualibet
Civitate
Com.
praedict.
DVOS
CIVES
,
&
de
quolibet
Burgo
DUOS
BVRGENSES
,
)
who
have
better
knowledg
,
skill
in
Merchandise
,
and
their
several
Trades
,
than
in
matters
of
Judicature
,
or
Law
.
Therefore
the
Right
of
Judicature
was
thought
meet
,
even
after
the
Commons
admission
to
our
Parliaments
,
to
be
still
lodged
and
vested
in
the
House
of
Peers
,
as
before
,
who
are
the
ablest
and
fittest
of
the
two
,
rather
than
in
the
Commons
House
.
4ly
,
Since
the
division
of
the
Houses
one
from
another
,
(
if
ever
they
sate
together
,
which
cannot
be
proved
)
the
House
of
Peers
are
dis-ingaged
and
indifferent
parties
between
the
King
and
Commons
,
and
so
fittest
of
all
to
he
Judges
between
them
,
as
the
Mirrour
of
Justices
,
c.
1.
resolves
,
so
it
hath
been
stil
furnished
with
the
ablest
Temporal
and
Spiritual
persons
for
their
Assistants
in
judgement
and
advice
;
to
wit
,
with
all
the
Judges
[
(s)
](A56189-e67250-b)
(s)
See
Modus
tenendi
Parliamentum
Vowel
,
Cowel
,
Crompton
,
Sir
Thomas
Smith
,
Coke
,
&
others
,
17
E.
3.
n.
23.
21
E.
3.
n.
7.
7
R.
2.
n.
30
,
31.
9
R.
2.
n.
13.
2
R.
1.
pt.
2.
n.
27.
31
H.
6.
n.
26
,
27
,
28.
28
H.
6.
n.
6.
of
the
Realm
,
Barons
of
the
Exchequer
,
of
the
Coy●
,
the
Kings
learned
Counsel
,
the
Masters
of
the
Chancery
who
are
Civilians
or
Lawyers
,
the
Master
of
the
Rolls
,
the
Principal
Secretaries
of
State
,
with
other
eminent
persons
for
parts
and
learning
,
and
the
Procuratores
Gleri
;
all
which
are
called
by
Writ
to
assist
,
and
give
their
attendance
in
the
upper
House
of
Parliament
,
where
they
have
no
voices
,
but
are
to
give
their
counsel
and
advice
only
to
the
Lords
when
they
require
their
assistance
,
especially
in
cases
of
Law
and
Judicature
.
For
proof
whereof
you
may
consult
the
Statutes
of
31
H.
8.
c.
10.
The
Register
of
Writs
,
f.
261.
Fitz.
Nat.
Brev.
f.
229.
a.
b.
M.
Seldens
Titles
of
Honor
,
part
2.
c.
5.
Sir
Edw.
Cooks
4
Instit.
p.
4
,
5
,
6
,
44
,
45
,
46.
and
the
Parliament
Rolls
and
Authorities
there
cited
by
them
,
seconded
by
our
present
experience
.
Now
the
House
of
Peers
being
thus
assisted
with
the
advice
of
all
the
Judges
of
England
,
the
Kings
learned
Counsel
,
and
others
ablest
to
advise
them
in
all
Criminal
,
Civil
or
Ecclesiastical
matters
,
cases
that
come
before
them
:
were
in
this
regard
thought
fittest
by
our
Ancestors
,
and
the
[
*
](A56189-e67360-b)
*
1
H.
4.
n.
79.
Commons
themselves
(
who
have
no
such
assistants
)
to
have
the
principal
and
sole
power
of
Judicature
,
in
all
civil
and
criminal
causes
as
well
of
Commoners
as
Peers
,
that
are
proper
for
the
Parliaments
Judicature
by
way
of
censure
or
redress
.
5ly
,
There
can
be
no
judgement
given
in
any
of
the
Kings
Courts
in
Criminal
causes
,
but
where
the
King
is
personally
or
representatively
present
,
sitting
upon
the
Tribunal
,
and
where
the
proceedings
are
Coram
Rege
.
And
therefore
in
the
end
of
most
antient
Parliament
Rolls
,
we
find
the
Title
of
[
*
](A56189-e67440-b)
*
An
exact
abridgment
,
p.
377.399
.
Placita
Coronae
,
CORAM
DOMINO
REGE
IN
PARLIAMENTO
SUO
,
&c.
as
in
4
E.
3.
21
R.
2.
1
H.
4.
and
other
Parliaments
.
Now
as
the
Kings
person
is
represented
,
Judgements
given
,
Justice
executed
,
in
all
Criminal
and
Civil
cases
in
the
Kings
Bench
,
Eyres
,
Goal
Deliveries
,
Oyers
and
Terminers
,
and
all
his
other
Courts
,
by
his
Judges
and
Justices
,
in
his
absence
▪
So
is
it
represented
in
our
Parl.
in
the
Lords
house
by
his
Commissioners
and
the
Lords
and
Judgements
given
,
Justice
executed
by
them
in
al
criminal
&
civil
causes
;
and
no
ways
by
the
Commons
,
who
neither
sit
,
nor
judge
in
the
House
of
Peers
.
Therefore
the
House
of
Peers
only
,
no●
the
Commons
,
are
the
true
and
proper
judicato●y
;
where
the
King
the
supream
judge
fits
usually
in
Person
,
and
alwayes
in
representation
in
his
absence
.
6ly
,
There
can
be
no
legal
trial
or
Judgement
given
in
Parliament
,
in
Criminal
causes
or
others
,
without
examination
of
witnesses
upon
Oath
,
as
in
all
other
Courts
of
justice
.
But
the
House
of
Peers
alone
have
power
to
give
,
and
examine
witnesses
upon
[
*
](A56189-e67630-b)
*
7
R.
2.
par.
2.
n.
14.
1
R.
2.
n.
31
,
32.
Oath
;
and
the
whole
House
of
Commons
no
such
power
,
but
to
take
Informations
without
Oath
,
which
neither
they
nor
their
Committees
can
administer
,
unless
by
special
Order
and
Commission
from
the
King
or
Lords
:
Therefore
the
power
of
judicature
in
Parliament
,
even
in
Commoners
cases
,
is
inherent
only
in
the
House
of
Peers
,
and
not
in
the
Commons
House
.
7ly
,
It
is
a
rule
both
of
Law
and
justice
,
[
*
](A56189-e67730-b)
*
Littleton
,
sect.
21●
.
Coke
ibid.
4
E.
3.7
.
2
H.
6.10
.
14
H.
4
8.
2
R.
2.29
.
5
H.
7
,
8.
Bro.
Challeng
.
23
,
42
,
71.
that
no
man
can
be
an
informer
,
prosecutor
,
and
judge
too
of
the
persons
prosecuted
,
&
informed
against
it
being
contrary
to
all
grounds
of
justice
:
therefore
he
ought
to
complain
and
petition
to
others
for
Justice
.
But
the
Commons
in
all
ancient
Parliaments
,
and
in
this
present
,
have
been
informers
and
prosecutors
(
in
nature
of
a
[
(t)
](A56189-e67770-b)
(t)
Cokes
4.
Instit.
p.
24.
Grand
Inquest
,
to
which
some
compare
them
,
being
summoned
from
all
parts
of
the
kingdom
to
present
publike
Grievances
and
Delinquents
to
the
King
and
Peers
for
their
redress
)
and
thereupon
have
alwayes
petitioned
,
complained
to
the
King
and
Lords
for
Iustice
against
all
other
Delinquents
and
offenders
in
Parliament
,
not
judged
them
themselves
:
witness
their
many
impeachments
,
accusations
,
complaints
sent
up
and
prosecuted
by
them
in
[
*
](A56189-e67840-b)
*
50
E.
3.
n.
5.
to
37.
21
R.
2.
n.
14
,
15
,
16.
28
H
6.
n.
14
,
to
52.
31
H.
6.
n.
45
,
64.
38
H.
6.
n.
38.
former
Parliaments
,
and
this
,
to
the
Lords
,
not
only
against
Peers
▪
but
Commoners
,
of
which
there
are
hundreds
of
presidents
this
very
Parliament
:
Therefore
the
House
of
Lords
hath
the
proper
right
of
judicatory
vested
in
them
,
even
in
Cases
of
Commoners
,
not
the
Commons
;
who
are
rather
Informers
,
Prosecutors
,
and
Grand
Jury
men
,
to
inform
,
impeach
,
than
Judges
to
hear
,
censure
,
determine
and
give
judgement
,
as
is
resolved
in
1
H.
4.
n.
79.
8ly
.
Those
who
are
proper
Judges
in
any
Court
of
Justice
,
whiles
the
cause
is
judging
sit
in
their
Robes
,
and
that
covered
,
[
*
](A56189-e68010-b)
*
25
E.
3.
c.
2.
20
R.
2.
c.
3.
6
R.
2.
c.
5.
14
H.
6.
c.
3.
8
R.
2.
c.
3.
2
R.
2.
c.
10.
on
the
Bench
,
not
stand
bare
at
the
bar
;
sweat
and
examine
the
witnesses
in
the
cause
,
not
produce
them
or
manage
the
evidence
;
and
when
the
cause
is
fully
heard
,
argue
and
debate
the
businesse
between
themselves
,
and
then
give
the
definitive
sentence
.
But
in
all
cases
that
are
to
be
tried
and
judged
in
Parl.
the
Lords
only
sit
upon
the
Bench
,
and
that
covered
,
and
in
their
Parliamentary
Robes
the
badges
of
Judicature
;
but
the
Commons
stand
and
that
bare
at
the
Bar
,
without
any
robes
at
all
:
the
Lords
only
swear
,
examine
the
witnesses
,
and
judge
of
their
testimony
;
the
Commons
only
[
(u)
](A56189-e68090-b)
(u)
Coke
4
Instit.
p.
24.
produce
the
witnesses
,
presse
and
manage
the
evidence
;
and
when
the
bu●nesse
is
fully
heard
,
the
Lords
only
debate
the
cause
among
themselves
,
and
give
the
final
Sentence
,
Judgement
without
the
Commons
,
(
though
sometimes
in
their
presence
)
and
that
both
in
cases
of
Commoners
and
Peers
.
Therefore
the
Lords
and
House
of
Peers
are
sole
Judges
in
Parliament
,
not
the
Commons
.
9ly
.
The
Commons
themselves
in
all
ages
since
admitted
into
our
Parliaments
,
[
*
](A56189-e68200-b)
*
See
an
Exact
Abridgement
of
the
Records
of
the
Tower
,
&
the
Table
to
to
it
.
Tit.
Commons
,
Lords
,
Parliaments
Petitions
,
Cooks
4.
Inst.
p.
16.
have
always
presented
their
Petitions
in
Parliament
to
the
King
and
Lords
alone
,
for
redress
of
all
Grievances
,
wrongs
,
misdemeanours
,
abuses
whatsoever
,
publike
or
private
,
criminal
or
civil
,
ecclesiastical
,
marine
,
or
military
:
And
the
Lords
House
alone
have
in
all
antient
Parlaments
appointed
particular
persons
of
their
House
to
receive
al
Petitions
,
Triers
of
them
to
hear
and
answer
them
by
their
advice
,
and
the
kings
assent
,
when
necessary
;
which
Triers
of
Petitions
had
power
given
to
call
the
Lord
Chancellor
,
Treasurer
,
Chamberlain
,
Judges
,
kings
Servants
,
and
others
to
this
assistance
,
prescribing
where
,
when
their
Petitions
should
be
presented
,
examined
,
redressed
,
at
all
our
Parliament
Rolls
a●est
,
and
Sir
Edward
Cook
,
himself
relates
:
There
being
few
or
no
Petitions
at
all
presented
by
any
to
the
Commons
before
●●
H.
7.
c.
19.
&
.
4
H.
7.
c.
6.
These
Petitions
then
presented
to
them
,
and
all
ever
since
,
with
all
in
this
present
Parliament
,
being
only
to
this
end
,
that
they
upon
the
examination
of
the
truth
,
matters
,
complaints
,
grievances
mentioned
in
them
,
might
transmit
and
represent
them
in
the
name
of
the
Commons
House
to
the
Lords
House
,
for
to
give
,
full
redress
,
relief
,
and
judgement
on
them
to
the
Petitioners
▪
not
for
the
Commons
themselves
to
judge
,
finally
determine
them
,
or
give
relief
upon
them
without
the
Lords
;
as
all
the
transmissions
of
private
and
publike
Petitions
by
the
Commons
to
the
Lords
heretofore
and
in
this
Parliment
,
in
the
cases
of
Dr.
Layton
,
Dr.
Bastwick
,
Mr.
Burton
,
Mr.
Walker
,
my self
,
and
of
Lilburns
own
Petition
against
his
censure
,
attest
.
[
*
](A56189-e68350-b)
*
See
here
,
p.
46
,
47.
Therefore
the
Judicature
of
our
Parliaments
,
must
wholy
rest
and
intirely
reside
in
the
Lords
House
,
as
well
in
all
Criminal
as
civil
cases
,
both
of
Commoners
and
Lords
.
10ly
.
The
surest
badge
and
highest
evidence
of
the
right
and
exercise
of
Juridical
,
and
Judicial
Authority
in
Parliament
,
is
the
examination
,
affirmation
,
control
,
repeal
,
nulling
,
adjudging
,
and
finall
determining
all
Errors
in
Judgements
,
Decrees
,
Proceedings
,
&
all
Misprisions
,
Abuses
,
Corruptions
,
grievances
whatsoever
of
Judges
,
Justices
,
in
all
other
Courts
of
Justice
,
Civil
,
Ecclesiastical
,
Marine
or
military
;
Now
the
Lords-alone
in
Parliament
,
upon
Wtits
of
Error
,
Appeals
,
Complaints
,
Petitions
,
&c
,
examine
,
confirm
,
repeal
,
null
,
redresse
,
and
finally
determine
all
Errors
,
misprisions
in
Judgements
,
Decrees
,
Proceedings
,
and
all
Abuses
,
Corruptions
,
Grievances
whatsoever
,
in
all
other
Courts
of
Justice
;
whether
Civil
,
as
the
Kings
Bench
,
Chancery
,
Exchequer
Chamber
,
Common
Pleas
,
Exchequer
,
Court
of
Wards
,
Courts
of
Requests
,
Stanneries
,
&c.
or
Ecclesiastical
,
as
the
High
Commission
,
Archbishops
,
Consistories
,
the
Convocation
,
and
the
Admiralty
,
Court
Marshal
,
Council
Table
,
Star-chamber
,
and
in
former
Parliaments
,
as
is
evident
by
sundry
presidents
in
former
ages
,
and
in
this
present
Parliament
of
King
CHARLS
in
the
cases
of
Dr.
Layton
,
Dr.
Bastwick
,
Mr.
Burton
,
Lilburn
himself
,
Mr.
Grafton
,
Alderman
Chambers
,
Mr.
Rolls
,
Sir
Rob
▪
Howard
,
Alderman
Langham
and
Limry
,
Mr.
Johns
,
and
le
Gay
,
with
sundry
others
:
But
more
especially
in
cases
of
Writs
of
Error
brought
in
Parliament
by
Peers
or
Commoners
,
upon
any
Erronious
judgements
touching
their
real
or
personal
estates
,
lives
,
limbs
,
liberties
,
persons
,
upon
Indictments
or
Attainders
,
In
all
which
writs
the
King
and
Lords
only
are
sole
judges
(
without
the
Commoners
)
and
the
returns
of
the
proceedings
upon
such
Writs
are
only
before
the
Lords
in
the
Vpper
House
,
secundum
legem
et
consuetudinem
Parliaments
:
So
Sir
Edward
Cook
himself
expresly
resolves
in
direct
terms
,
in
his
4
Institutes
,
p.
21
,
22
,
23.
And
22
E.
3.3
.
Fitz
Error
8
Br.
3.1
H.
7.20
,
21
,
22.
Br.
Error
,
137.
Old
Book
of
Entries
,
p.
302.16
E.
3.
Fitz.
Brev.
651.21
E.
3.46
.
Br.
Error
,
65.29
E.
3.24.39
.
Ass.
18.42
.
Ass.
22.7
H.
6.28
.
8
H.
5.
Fitz.
Error
88.19
H.
6.12.35
H.
6.19.37
H.
6.16.11
H.
4.65.9
E.
4.3.2
R.
3.22.37
H.
8.14
,
15
,
25.
Dyer
,
f.
62.196
,
201
,
315
,
375.
intimate
as
much
.
This
is
most
clear
by
the
Writs
of
Error
,
Judgements
and
Proceedings
on
them
in
the
Parliament
House
,
before
and
by
the
Lords
alone
mentioned
in
the
Parliament
Rolls
themselves
,
[
*
](A56189-e68610-b)
*
Exact
abridgement
,
p.
66.85
,
86
,
123
,
156
,
164
,
176
,
177
,
168
,
169
,
282
,
300
,
301
,
304
,
305
,
331
,
543
,
344
,
348
,
352
,
353
,
359
,
363
,
369
,
372
,
373
,
393
,
408
,
418
,
429
,
440
,
535
,
539
,
546.
as
14
▪
E.
1.
ro●
Parl.
1.4
E.
3.
n.
13
,
14.21
E.
3.
n.
65
,
66.28
E.
3.
n.
8.
to
14.50
E.
3.
n.
38.1
R.
2.
n.
28
,
29
,
105.2
R.
2.
n.
31
,
32
,
33
,
37
,
38.
Parl.
2.
and
Parl.
1.
n.
21.
to
27.3
R.
2.
n.
19.20
,
21
,
22.6
R.
2.
n.
17.7
R.
2.
n.
20
,
21.8
R.
2.
n.
13
,
14
,
15
,
16.13
R.
2.
n.
16
,
17
▪
15
R.
2.
n.
22
,
23
,
24.16
R.
2.
n.
17
,
18.17
R.
2.
n.
17.19
.
●8
R.
2.
n.
11
,
12
,
13.20
R.
2.
n.
●6
.
21
R.
2.
n.
25
,
55.
to
66
,
71.1
H.
4.
n.
91
,
92.2
H.
4.
n.
38
,
39
,
40.4
H.
4.
n.
26.5
H.
4.
n.
40.6
H.
4.
n.
31.1
H.
5.
n.
19.2
H.
5.
n.
13
,
14.3
H.
5.
n.
19.
with
sundry
Writs
of
Error
in
succeeding
Parliaments
,
and
this
now
sitting
,
adjudged
,
determined
by
the
King
and
Lords
alone
,
without
the
privity
or
interposition
of
the
Commons
.
A
truth
so
clear
,
that
Lilburn
himself
in
his
Argument
against
the
Lords
jurisdiction
,
confesseth
i●
.
If
then
the
Lords
House
,
be
the
so●e
Judges
in
all
Writs
of
Error
,
and
Appeals
from
all
other
Courts
of
Justice
,
concerning
the
Lands
,
Tenements
,
Goods
,
Estates
,
Liberties
,
Members
,
Lines
,
Attainders
of
all
English
Freeholders
,
and
Commoners
whatsoever
,
notwithstanding
the
Statute
of
Magna
Charta
,
ch.
29.
No
Freeman
shall
be
●aken
or
imprisoned
,
&c.
neither
will
we
pass
upon
him
nor
condemn
him
,
but
by
the
lawfull
judgement
of
his
Peers
,
&c.
(
the
grand
and
principal
objection
against
the
Lords
Judicature
in
Cases
of
Commoners
)
then
by
the
self
same
reason
they
are
their
lawfull
Judges
,
and
may
regally
proceed
against
them
in
all
other
criminal
or
Civil
causes
,
especially
in
cases
of
breach
of
their
own
Privileges
,
wherein
they
are
the
sole
and
only
Judges
,
since
no
other
Court
can
judge
of
,
nor
yet
punish
them
,
as
Sir
Ed.
Cook
resolves
,
being
properly
triable
only
in
Pa●liament
(
as
contempt
against
all
other
Courts
,
are
punishable
and
triable
by
themselves
alone
)
the
present
cases
of
Lilburne
and
Overton
.
Now
that
they
are
and
alwayes
have
been
so
de
facto
(
unless
by
way
of
Bill
of
Attainder
,
or
in
such
extraordinary
cases
when
their
concurrence
hath
been
desired
)
even
in
criminal
cases
,
misdemeanors
and
offences
of
Commons
as
well
as
Peers
,
I
shall
prove
by
most
clear
and
infallible
evidences
and
presidents
as
well
antient
as
modern
,
Our
Noble
King
Alfred
,
as
he
[
(a)
](A56189-e68870-b)
(a)
Cooks
1
Instit.
f.
110
a.
ordained
for
the
good
estate
of
the
Realm
,
that
the
Earls
and
Noble
thereof
,
by
a
perpetual
custom
,
should
twice
every
year
,
or
oftner
,
in
times
of
Peace
,
assemble
together
in
Parliament
at
London
,
to
govern
the
people
of
England
,
and
keep
them
from
sinne
,
as
Andr.
Horn
informs
us
in
his
Mirrour
of
Justices
,
c.
1.
p.
10.
So
the
same
Author
records
,
c.
5.
p.
296
,
297
,
&c.
That
this
royal
Justiciary
(
who
took
a
short
account
each
year
of
all
his
Judges
proceedings
in
his
Parliaments
)
condemned
and
hanged
up
in
one
year
about
An.
890
as
I
conjecture
)
no
lesse
than
[
(b)
](A56189-e68940-b)
(b)
Cooks
3
Instit.
p.
224.
44
of
his
Judges
and
Justices
,
as
Murderers
,
for
executing
his
Subjects
and
putting
them
to
death
against
Law
,
without
any
legal
cause
or
sufficient
evidence
,
or
tryal
,
by
a
Jury
of
their
Peers
:
and
imprisoned
,
fined
,
punished
others
of
them
,
in
the
self
same
kind
as
they
had
injuriously
imprisoned
,
fined
and
punished
his
Subjects
against
Law
:
and
that
no
doubt
by
the
advise
and
assent
of
his
Nobles
in
Parliament
,
upon
complaint
of
their
injustice
and
corruption
;
the
proper
Court
for
punishment
of
such
Offenders
,
whose
names
and
causes
(
recorded
at
large
by
this
Author
)
shew
them
to
be
all
Commoners
and
no
Peers
of
the
Realm
.
[
(c)
](A56189-e68960-b)
(c)
Walsingham
Ypodig
.
Neustr
.
p.
93
,
94.
Here
,
p.
213.
Anno
1096.
William
de
Anco
and
William
de
Alderi
were
hanged
for
Treason
against
William
Rufus
,
by
judgment
of
the
Lords
,
in
a
Parliament
at
Salisbury
.
[
(d)
](A56189-e69030-b)
(d)
Mat.
Paris
,
Hist.
Angl.
p.
101.
King
Henry
the
2.
Anno
1166.
holding
a
Council
at
Oxf●quidam
pravi
dogmatis
seminatores
tracti
sunt
IN
JUDICIUM
,
praesente
Rege
et
Episcopis
Regni
;
quos
à
fide
Catholica
devios
,
et
in
examine
superatos
,
facies
cauteriata
notabiles
cunctis
exposuit
,
qui
expulsi
sunt
à
regno
.
These
Hereticks
thus
branded
in
the
face
and
banished
the
Realm
by
the
judgement
of
the
King
and
this
Council
,
ae
[
(e)
](A56189-e69080-b)
(e)
Rerum
Anglic.
Hist.
l.
2.
c.
13.
See
my
Sword
of
Christian
Magistracy
supported
,
p.
51
,
52.
Nubrigensis
informs
us
,
were
above
30.
men
and
women
who
came
out
of
Germany
into
England
,
under
one
Gerard
their
Captain
,
stiled
Publicans
,
who
went
about
the
Country
to
spread
their
errors
;
but
at
last
being
detected
,
they
were
apprehended
and
cast
into
prison
;
and
then
brought
before
the
King
,
and
a
Council
of
his
Bishops
;
where
being
convicted
of
Heresie
,
they
were
adjudged
by
the
K.
to
be
publikely
whipped
,
branded
in
the
face
,
and
then
banished
the
Realm
.
Hujus
severitatis
pius
rigor
,
non
peste
illa
quae
jam
irrepserat
Angliae
regnum
purgavit
,
verum
etiam
ne
ulterius
irreperet
incusso
haereticis
terrore
praecavit
,
as
Nubrigensis
observes
.
In
the
year
1224.
the
8.
of
King
Henry
the
3.
his
reign
,
[
(f)
](A56189-e69220-b)
(f)
Mat.
Paris
p.
308
,
309
,
310
,
318.
Mat.
Westm.
Ann.
1224.
p.
119
,
127.
the
King
requiring
a
restitution
and
resumption
of
his
Castles
and
Lords
detained
from
him
by
some
Nobles
and
others
,
who
at
last
for
fear
of
the
Bishops
excommunication
against
such
as
detained
them
,
and
disturbed
the
peace
of
the
Realm
;
and
also
of
the
Kings
power
and
justice
,
much
against
their
wills
,
reddiderunt
singuli
Castella
,
et
municipia
,
et
honores
,
et
custodias
Regi
quae
ad
coronam
spectare
videbantur
:
Thereupon
Falcatius
de
Breut
,
a
Norman
born
,
a
Soldier
under
King
John
in
the
Barons
wars
,
trusting
on
the
Kings
and
other
great
mens
favors
,
fortified
the
Castle
of
Bedford
,
situated
on
another
mans
ground
,
and
presuming
on
his
friends
,
and
his
own
military
power
and
wealth
gained
in
the
wars
,
he
feared
not
violently
and
unjustly
to
take
away
the
Freeholds
,
lands
and
possessions
of
divers
of
his
neighbours
,
and
more
epecially
he
disseised
52.
Freemen
in
the
Manor
of
Luiton
of
their
Freeholds
and
Tenements
without
judgement
,
and
appropriated
their
Common
pastures
to
himself
:
Whereof
complaint
bing
afterwards
made
to
King
Henry
the
3.
Anno
1224.
the
King
assigned
Martin
de
Pateshulle
,
Thomas
de
Multon
,
Henry
de
Braibroc
,
and
certain
other
Justices
,
to
take
the
recognition
of
the
parties
complaining
of
these
disseisins
,
by
an
Assise
of
Novel
disseisin
,
and
to
do
them
Justice
.
Who
having
received
their
recognitions
according
to
custom
,
the
said
Falcatius
was
condemned
to
pay
them
costs
and
damages
for
the
spoils
done
in
the
said
Tenements
,
to
which
the
Plaintifs
were
judicially
restored
.
Which
Falcatius
taking
very
impatiently
,
being
likewise
amerced
one
hundred
pounds
to
the
King
for
every
of
the
said
Tenements
,
for
his
forcible
entry
into
them
;
he
in
a
great
fury
commanded
his
Garison
souldiers
in
the
Castle
of
Bedford
,
to
march
armed
to
Dunstaple
,
where
the
Justices
Itinerant
sate
and
gave
judgement
against
him
,
and
to
take
and
bind
them
in
chains
,
and
carry
them
to
Bedford
Castle
,
and
there
detain
them
close
prisoners
in
the
Dungeon
.
The
Justices
having
notice
thereof
,
fled
thence
with
all
speed
,
some
one
way
,
some
another
;
but
Henry
de
Braibroc
flying
,
was
at
unwares
taken
by
the
Souldiers
,
who
used
him
very
inhumanly
,
then
carryed
him
prisoner
to
Bedford
Castle
,
and
there
kept
him
prisoner
.
King
Henry
at
that
time
was
at
Northampton
,
where
he
held
a
Parliamentary
Council
,
Cum
Archiepiscopis
,
Episcopis
,
Comitibus
,
Baronibus
,
et
aliis
multis
,
de
regni
negotiis
tractaturi
:
voluit
erim
Rex
uti
consilio
MAGNATUM
SUORUM
de
terris
transmarinis
,
quas
Rex
Francorum
paulatim
occupaverat
:
but
it
hapned
otherwise
than
he
hoped
:
For
the
rumor
of
this
act
of
Falcatius
being
divulged
,
the
wife
of
the
said
Henry
Braibroc
came
to
the
King
at
Northampton
;
et
audiente
univer●o
Concilio
,
de
viro
suo
cum
lachrymis
[
*
](A56189-e69500-b)
*
Querelas
.
querulans
deposuit
;
Quod
Rex
factum
minus
indigne
▪
ferens
;
quaesi
vit
Consilium
a
Clero
simul
et
Populo
(
to
wit
,
the
Spiritual
and
Temporal
Lords
,
Clerus
Regni
&
Populus
when
single
,
being
frequently
used
for
the
Lords
Spiritual
and
Temporal
,
both
in
Matthew
Paris
,
Hoveden
,
Bromton
and
others
,
not
for
the
inferiour
Clergy
and
Commons
house
,
not
then
in
being
,
as
some
Antiquaries
mistake
)
quid
sibi
super
tanta
injuria
foret
agendum
?
At
omnes
una
voce
concilium
Regi
dederunt
,
quatenus
sine
mora
et
omnibus
aliis
praetermissis
negotiis
in
man●
valida
et
armata
ad
Castrum
praedictum
procedens
,
tantam
temeritatem
studeat
vindicare
.
Cumque
Domino
Regi
placuisset
SENTENTIA
,
ipso
jubente
omnes
ad
arma
quam
citius
convolantes
,
ad
castellum
praedictum
de
Bedeford
,
tam
Clorus
quam
Populus
pervenerunt
;
The
whole
Parliament
marching
in
person
to
execute
this
their
Sentence
upon
these
transcendent
military
Malefactors
.
Hereupon
the
King
sending
Messengers
to
the
Commanders
of
the
Castle
,
required
entrance
to
be
given
to
him
,
and
commanded
Henry
Braibroc
his
Justice
to
be
rendered
.
But
William
de
Brent
,
Brother
of
Falcatius
,
and
the
rest
within
it
,
answered
the
Messengers
,
that
they
would
not
render
the
Castle
nor
Justice
,
unless
they
had
a
command
from
their
Lord
Falcatius
,
and
especially
for
this
reason
,
quod
Regi
de
Homagio
vel
fidelitate
non
tenebantur
astricti
.
With
which
answer
the
King
being
much
incensed
,
commanded
the
Castle
to
be
presently
encompassed
with
military
trenches
;
and
those
within
prepared
to
defend
their
walls
and
Bulwarks
:
Then
the
Archbishop
and
all
the
Bishops
with
burning
Papers
smote
Falcatius
himself
and
all
within
the
Castle
with
the
sword
of
Excommunication
:
The
King
commanded
all
warlike
engines
to
be
brought
,
and
gave
many
assaults
to
the
Castle
to
win
it
by
force
,
since
they
refused
to
render
it
;
many
were
slain
and
wounded
on
both
sides
.
At
last
after
many
weeks
siege
the
Kings
soldiers
entring
the
Castle
by
force
,
those
within
it
being
unable
to
hold
out
any
longer
,
rendred
themselves
to
the
Kings
mercy
:
who
putting
them
in
close
custody
and
chains
,
commanded
24
of
the
Knights
and
Souldiers
(
who
stouted
it
most
against
him
even
when
the
siege
was
ended
)
QVI
OMNES
SVSPENDIO
ADJUDICATI
SVNT
,
to
be
hanged
that
day
:
Matthew
Westminster
writes
,
there
were
near
one
hundred
of
them
hanged
up
.
Henry
Braibroc
being
then
restored
to
the
King
safe
and
sound
,
rendred
him
many
thanks
.
In
the
mean
time
,
the
King
sent
an
armed
Troop
to
seek
out
and
apprehend
Falcatius
,
and
bring
him
prisoner
to
him
:
who
having
notice
thereof
fled
into
Wales
for
shelter
:
The
K.
thereupon
swore
,
that
if
he
took
the
Castle
by
force
,
he
would
hang
up
all
who
were
within
it
;
And
withall
seised
upon
all
Falcatius
his
Manors
,
Lands
,
Corn
,
goods
and
chattels
throughout
England
,
as
confiscated
.
At
last
Falcatius
hearing
that
the
Castle
was
taken
,
and
his
Brother
and
souldiers
hanged
,
came
to
the
King
to
Bedford
,
under
the
con●uct
of
Alexander
Bishop
of
Coventry
,
and
there
casting
himself
at
the
Kings
feet
,
humbly
implored
his
mercy
,
in
respect
of
the
many
great
and
costly
services
he
had
done
in
his
father
and
himself
in
time
of
warr
▪
Tum
Rex
per
Consilium
of
his
Nobles
and
Barons
)
tradidit
illum
Casteliis
,
Terris
et
rebus
omnibus
spoliatum
sub
custodia
Eu●ch●
Londoni
〈◊〉
E●iscopi
,
donec
quid
de
illo
ageret
esset
sententialiter
de●nitum
.
Et
sic
quasi
in
momento
idim
Falcatius
de
duissimo
pauperimus
effectus
multis
et
maxime
nocentibus
poterit
fieri
in
exemplum
.
Regi
autem
pro
maximis
laboribus
et
expensis
(
in
the
siege
of
this
Castle
)
tam
à
Clericis
quam
à
●nicis
concessum
est
per
totam
Angliam
Carucagium
,
de
qualibet
caruca
duo
solidi
argenti
.
MAGNATIBUS
item
concessit
Rex
scutagium
,
scilicet
de
scuto
quolibet
duas
marcas
sterlingorum
:
et
sic
omnes
ad
propria
recesserunt
.
Castellum
quoque
illud
fecit
Rex
complanari
et
redigi
in
acervos
A
most
memorable
example
of
regal
and
Parliamentary
Justice
upon
insolent
contemners
of
Law
,
Justice
and
Justices
,
the
whole
Parliament
turning
Souldiers
,
and
continuing
together
at
the
Siege
of
this
Castle
above
two
Months
space
,
till
they
had
taken
the
Castle
and
Malefactors
by
force
,
and
done
execution
on
both
.
And
an
eminent
president
of
the
Ks.
&
Lords
Jurisdiction
in
causes
both
of
Commoners
and
Souldiers
,
as
well
as
Peers
and
Nobles
.
[
(g)
](A56189-e69890-b)
(g)
Mat.
Par.
p.
785
,
788
,
793
,
794.
Henry
de
Bathonia
,
a
learned
Knight
,
most
skilfull
in
the
Laws
of
the
Realm
,
one
of
the
Kings
Justices
and
special
Counsellors
,
in
the
year
1251
,
(
the
35
of
Henry
the
3.
)
was
most
grievously
defamed
and
accused
of
bribery
and
corruption
,
in
the
Office
of
his
Justiceship
,
wherein
he
feared
not
treacherously
to
empty
other
mens
purses
,
to
fill
his
own
,
growing
thereby
in
a
short
time
extraordinary
rich
in
Rents
,
Monies
,
Gold
and
Silver
,
being
instigated
thereunto
by
his
wife
;
whereby
adeo
turpibus
per
fas
et
nefas
emolumentis
inhiabat
,
ut
in
una
sola
itinaratione
Justiciaria
dicebatur
,
plusquam
ducentas
libratas
terrae
sibi
appropriare
:
Whereupon
appellatus
est
de
infidelitate
et
proditione
,
by
Philip
de
Arci
Knight
,
coram
Rege
et
Curia
Regis
,
And
attached
for
to
answer
it
.
John
Mansell
the
Kings
Chief
Justice
profered
to
bayl
him
,
and
to
be
his
Manucaptor
,
ut
staret
Justitiae
,
but
he
could
not
be
heard
,
the
King
being
so
incensed
,
that
he
answered
he
would
take
no
Clergy-man
for
his
bayl
in
such
a
case
,
reputing
it
to
be
HIGH
TREASON
;
at
last
by
the
Bishop
of
Londons
&
others
mediation
&
intercession
,
he
was
bayled
by
24
Knights
,
and
delivered
to
their
custody
,
pro
ipso
Hen.
responsionem
&
justificationem
rite
,
et
judicialiter
statuto
termino
facturum
.
After
which
by
gifts
and
large
promises
he
earnestly
sollicited
his
friends
to
intercede
for
him
with
the
King
,
●nd
procure
his
pardon
;
or
else
,
if
they
could
not
effect
it
▪
to
stand
constantly
for
him
in
the
day
of
peril
,
armis
,
si
necesse
sicut
et
equis
communiti
,
which
they
by
unanimous
consent
promised
to
doe
.
The
King
being
privily
informed
thereof
majori
iracundia
accensus
,
omnia
munera
et
verba
reconciliationis
praecise
refutabat
,
jurans
quod
per
medium
judicii
districti
necessario
fuerat
transiturus
.
Upon
this
,
he
by
intreaties
and
gifts
procured
Earl
Richard
to
mediate
to
the
King
for
him
;
adjungens
sub
tremendi
judicii
attestatione
,
quod
si
Dominus
Rex
mortem
suam
,
imo
etiam
exhaeredationem
procuraret
,
totum
regnum
in
ipsum
Regem
insurgeret
,
&
tota
perturbaretur
;
quod
si
fieret
,
cum
sub
sint
aliae
causae
,
&
maxime
alienigenarum
injustae
dominationes
,
&
Anglorum
oppressiones
,
non
sedaretur
schisma
ventilatum
.
The
Earl
hereupon
most
effectually
interceded
for
him
,
and
the
peace
of
the
Realm
,
but
could
not
mitigate
the
Kings
wrath
and
indignation
.
In
March
there
was
a
great
Parliament
held
at
London
,
where
Henry
was
appointed
to
appear
and
answer
;
who
came
thither
guarded
with
a
great
multitude
of
Souldiers
of
his
Wives
,
and
his
own
kinred
and
friends
:
Whereupon
the
King
being
highly
incensed
,
he
was
on
every
side
grievously
assaulted
and
accused
by
his
adversaries
,
and
by
the
King
more
heavily
than
the
rest
;
imponens
eidem
inter
caetera
,
quod
totum
regnum
perturbavit
,
et
Barnagium
universum
contra
ipsum
Regem
exasperavit
:
unde
seditio
generalis
imminebat
.
Fecit
igitur
acclamari
voce
praeconia
Londini
et
in
curia
,
ut
si
quis
aliquid
habere
actionis
vel
querelae
adversus
Henricam
de
Bathonia
,
veniret
ad
curiam
ante
Regis
praesentiam
,
ubi
plene
exaudiretur
.
Insurrexerunt
igitur
multi
queruli
contra
eum
,
ita
quod
unus
etiam
sociorum
suorum
,
scilicet
Justitiarius
palam
protestaretur
,
quod
unum
facinerosum
convictum
&
incarceratum
abir●
permisit
impunitum
,
sine
judicio
,
opimis
respectus
muneribus
:
quod
factum
est
in
Regis
praejudicium
,
&
Justitiariorum
comitum
suorum
periculum
et
discrimen
.
Rex
igitur
magis
inde
provocatus
,
ascendit
superius
,
exclamavitque
,
dicens
:
Si
quis
Henricum
de
Bathonia
acciderit
,
quietus
sit
a
morte
ejus
,
&
quietum
eum
protestor
:
&
sic
propere
recessit
Rex
.
Et
fuerunt
ibi
multi
,
qui
in
ipsum
Henricum
hostiliter
irruissent
,
nisi
Domini
Johannis
Mansel
prudentia
eorum
impetum
temperans
,
refranasset
:
Dixit
enim
,
Domini
mei
et
amici
,
non
est
necesse
quod
in
iu●a
praprepere
dicitur
,
prosequamur
.
Poenitebit
forte
dominum
nostrum
jam
elapso
irae
tempore
haec
innotuisse
.
Praeterea
,
si
aliquid
●iolentiae
ipsi
Henrico
intuleritis
,
ecce
Episcopus
Londinonsis
,
qui
spiritualem
,
et
alii
amici
ejus
militares
,
qui
vindictam
exercebunt
materialem
,
et
sic
in
magna
parte
cessavit
.
Extunc
igitur
procurante
efficaciter
Comite
Richardo
et
Episcop●
memorato
,
mitius
actum
est
cum
eo
.
Dictum
enim
est
domino
Regi
secretius
,
quod
mirum
est
,
quod
aliquis
ei
curat
servire
,
cum
eis
post
ministerium
etiam
mortem
nititur
inferre
.
Promissa
igitur
quadam
pecuniae
summa
,
a
mortis
discrimine
recessit
liberatus
.
After
which
he
paying
to
the
King
2000
marks
for
a
fine
,
and
being
reconciled
to
the
King
,
ad
Curiam
est
reversus
,
immemor
laqueorum
quos
evaserat
.
Here
we
have
,
1.
A
corrupt
Judge
accused
of
bribery
by
others
,
and
by
the
King
of
rebellion
and
sedition
,
and
that
before
the
Lords
in
Parliament
.
2ly
.
A
Proclamation
for
all
that
were
grieved
to
complain
against
him
.
3ly
.
A
rash
unjust
sentence
given
against
him
by
the
King
himself
,
for
any
man
that
would
to
kill
him
,
with
impunity
.
4ly
.
the
Lords
opposition
and
contradiction
of
this
sentence
,
and
its
execution
as
unjust
and
dangerous
.
5ly
.
A
remission
of
his
sentence
by
the
Lords
mediation
,
and
a
fine
imposed
and
paid
to
the
King
for
his
offences
.
In
the
49
year
of
King
Henry
the
3.
at
the
Parliament
held
at
Winchester
,
[
(f)
](A56189-e70210-b)
(f)
Mat.
West
.
anno
1265
,
p.
34.
Mat.
Paris
p.
967.
divers
Commoners
,
as
well
as
Lords
were
attainted
and
condemned
of
High
Treason
,
for
levying
war
against
the
King
;
their
persons
imprisoned
,
their
lands
and
goods
confiscated
,
and
the
liberties
of
the
City
of
London
forfeited
by
judgement
of
the
Lords
.
Anno
●290
.
[
(k)
](A56189-e70250-b)
(k)
Walsingh
.
Ypodig
.
Neust
.
p.
72.
Hist.
Angl.
p.
15.
Parl.
20
E.
1.
f.
5.
Cooks
3.
Instit.
p.
145.
Holinshed
,
p.
284
,
285.
King
Edward
the
1.
held
a
Parliament
at
London
,
at
which
time
,
Rex
auditis
multorum
queremoni●●
▪
fere
Justiciarios
omnes
de
falsitate
deprehensos
,
a
suo
Officio
deposuit
,
puniens
eos
juxta
demerita
gr●vi
m●a
,
by
the
advice
of
his
Lords
in
Parliament
.
It
appears
by
the
Clause
Roll
of
5
E.
2.
m.
22.
dorso
,
and
Rot.
Finium
,
5
E.
2.
m.
11.
in
Schedula
,
that
in
a
Parliament
held
at
Stamford
3
E.
2.
the
Commons
of
England
exhibited
sundry
Articles
of
complaint
to
the
King
:
Amongst
others
,
that
they
were
not
used
as
they
ought
to
be
by
THE
GREAT
CHARTER
,
in
taking
Prises
and
Purveyances
without
mony
,
&c.
That
the
King
by
his
Ministers
took
ijs
.
of
every
Tun
of
wine
,
and
ijs
.
a
cloth
from
Merchants
aliens
,
and
3
d.
pur
aver
de
poys
,
to
the
damage
of
his
people
,
and
hinderance
of
trade
:
which
new
Impositions
being
against
Law
,
the
King
promised
to
redress
for
the
future
,
and
to
content
himself
with
the
Prises
and
Customs
antiently
due
.
They
likewise
complained
of
the
abuses
,
oppressions
,
and
extravagances
of
Purveyors
,
Constables
of
Castles
and
Escheators
,
and
abuses
of
Protections
and
Pardons
granted
by
the
King
to
Murderers
and
other
Malefactors
to
their
incouragement
;
whereto
redress
was
promised
.
In
their
6.
Article
,
they
complained
,
That
the
Knights
,
Citizens
and
Burgesses
of
Parliament
came
up
with
divers
Petitions
for
matters
not
remediable
at
the
Common
Law
,
and
could
not
finde
to
whom
to
deliver
them
.
Whereunto
was
answered
;
The
King
willed
,
that
in
his
Parliaments
for
time
to
come
,
certain
persons
should
be
appointed
to
receive
Petitions
;
and
that
they
should
be
delivered
TO
HIS
COUNCIL
,
as
was
used
in
the
time
of
his
Father
,
and
examined
and
answered
by
him
,
with
their
advice
.
Whence
we
find
in
[
(l)
](A56189-e70440-b)
(l)
See
An
Exact
abridgment
of
the
Records
in
Tower
,
title
,
Petitions
,
Commons
,
Parliment
,
in
the
Table
,
&
Petitions
of
the
Commons
in
the
Abridgment
it self
.
all
our
Parliament
Rolls
ever
since
in
the
beginning
of
every
Parliament
certain
persons
nominated
by
the
King
and
Lords
,
being
Members
or
Assistants
of
the
Lords
house
,
to
receive
the
several
Petitions
of
England
,
Ireland
,
Scotland
,
Gascoigne
,
Iersey
,
Gernsey
,
Alderney
,
and
other
Isles
;
and
other
persons
of
the
LORDS
House
appointed
to
trie
,
examin
and
answer
them
in
the
Kings
name
and
behalf
;
as
he
by
their
advice
shall
think
meet
;
and
sundry
Petitions
of
Grievances
of
all
kinds
presented
to
them
,
and
answered
accordingly
by
the
King
and
Lords
in
every
Parliament
,
as
well
by
the
whole
house
of
Commons
,
as
by
particular
Counties
,
Cities
,
Corporations
and
private
Persons
;
a
most
clear
Evidence
,
that
the
King
and
Lords
are
the
sole
Judges
of
all
criminal
and
civil
causes
and
Grievances
of
the
Commons
in
Parliament
,
since
they
thus
constantly
petition
them
for
redress
;
and
that
the
Commoners
are
only
Petitioners
,
not
Judges
,
as
the
Parliament
roll
of
1
H.
4.
n.
79.
resolves
in
direct
terms
.
Claus.
8
E.
2.
m.
7.
dors.
The
Chaplains
of
the
House
of
Converts
exhibited
a
Petition
in
Parliament
against
Adam
de
Osgodby
the
Keeper
thereof
,
for
putting
them
out
of
their
lodgings
,
and
placing
his
Clerks
therein
,
they
being
founded
by
King
H.
3.
to
pray
and
sing
Masses
for
his
and
his
ancestors
Souls
,
and
not
to
lodge
the
Clerks
of
the
Chancery
.
Upon
consideration
of
the
Petition
by
the
Lords
and
Councel
in
Parliament
,
it
was
referred
to
the
Chancellor
to
examin
and
determine
;
tanquam
principali
Custodi
omnium
Hospitalium
et
Domorum
de
eleemosyna
Domini
Regis
fundatorum
,
ut
ipfe
inde
faceret
quod
de
jure
esset
faciendum
.
He
sends
a
Commission
to
the
House
to
inquire
the
truth
of
the
complaint
,
and
finds
the
Complaint
unjust
,
and
that
the
Keeper
of
the
House
was
falsly
charged
,
and
that
especially
by
William
de
Okelines
,
being
one
of
the
Chaplins
,
Whereupon
consideratum
est
per
Cancellarium
,
quod
Willielmus
idem
nihil
haberet
de
contentis
in
petitione
sua
praedicta
sed
quod
committeretur
ad
custodiam
suam
pro
fals●
querela
sua
castigandus
,
juxta
discretionem
dicti
custodis
.
Pasch.
8
E.
2.
Norfolk
:
The
Archdeacon
of
Norfolk
was
accused
for
citing
the
Countess
of
Warren
,
being
the
Kings
Neece
,
and
divorced
from
her
husband
,
to
the
damage
of
the
King
2000
l.
and
it
was
adjudged
by
the
Lords
in
Parliament
against
the
Archdeacon
,
quod
nec
citatio
,
nec
summonitio
fieri
debet
versus
eot
qui
sunt
de
sanguine
Regis
,
quia
illis
Major
reverentia
debita
est
;
and
therefore
he
was
fined
.
[
(1)
](A56189-e70730-b)
(1)
Walsingham
,
Ypodig
.
Neustr
.
p.
102.
About
the
year
1316.
when
the
Northumberland
Soldiers
▪
(
like
some
in
this
age
)
raised
against
the
Scots
,
de
tyron●bus
facti
sunt
Tyranni
,
de
defensoribus
destructores
,
de
propugnatoribus
proditores
,
&c.
one
[
(2)
](A56189-e70760-b)
(2)
Polychro
:
l.
7.
c.
42.
f.
312.
Henry
de
Knyghton
,
de
Event
,
Angliae
l.
3.
c.
14.
col.
2535.
John
Tanner
said
openly
,
that
he
was
heir
of
England
.
Therefore
at
Northampton
before
the
King
and
Lords
,
he
was
proved
false
,
and
hanged
and
drawn
.
See
more
of
him
in
Fabians
Chronicle
▪
part
.
7.
Anno
1314.
p.
169.
who
relates
,
that
he
reported
he
was
son
to
King
Edward
the
1.
but
was
stoln
out
of
his
cradle
by
a
false
nurse
,
and
Edward
who
was
anothers
son
,
laid
in
the
cradle
for
him
;
and
that
he
had
a
Fiend
in
form
of
a
C●t
whom
he
served
3.
years
,
which
assured
him
he
should
be
King
of
England
.
[
*
](A56189-e70870-b)
*
Placita
Parl.
An.
18
Edw.
1.
in
the
Parchment
bnok
in
the
Tower
,
f.
2.
b.
50
,
51.
In
the
Parliament
of
18.
E.
1.
the
Prior
of
Trinity
in
London
,
and
Bago
de
Clare
were
attached
,
brought
into
the
Parliament
,
there
fined
a
1000
l.
to
Edmond
Earl
of
Cornwal
,
and
2000
marks
to
the
Abbot
of
Westminster
,
and
committed
to
the
Tower
of
London
,
by
JUDGEMENT
of
the
King
,
Earls
,
Barons
,
and
Iustices
in
full
Parliament
,
for
citing
and
attaching
the
said
Earl
of
Cornwal
in
Westminster
hall
,
to
appear
before
the
Archbishop
sitting
the
Parliament
,
whereof
he
was
a
Peer
,
against
his
Privilege
,
and
the
privilege
of
Sanctuary
granted
to
the
Abbot
of
Westminst.
and
remained
prisoners
there
till
they
put
in
Sureties
,
and
paid
the
1000
l.
fine
to
the
Earl
,
notwithstanding
their
plea
of
ignorance
of
these
their
Privileges
.
In
the
Parliament
of
4
E.
3.
n.
2
,
3
,
4
,
5
,
6.
Sir
Simon
Bereford
knight
,
John
Mautravers
,
Boso
de
Bayons
,
John
Deverall
,
Thomas
de
Gournay
,
and
William
of
Ocle
,
confederates
with
Roger
Mortimer
Earl
of
March
,
in
all
his
Treasons
and
misdoings
,
for
which
he
was
then
impeached
and
condemned
,
and
guilty
of
the
murders
of
King
Edward
the
2.
after
his
deposition
,
in
Berkley
Castle
,
and
of
the
Earl
of
Kent
his
Brother
;
were
attainted
and
condemned
of
High
Treason
by
the
Lords
,
Barons
&
Péers
in
Parliament
,
as
Iudges
of
Parliament
,
though
they
were
Commoners
,
and
not
their
Péers
,
whom
they
were
not
at
all
obliged
to
judge
as
Péers
:
adjudging
them
by
the
Kings
assent
,
as
Traytors
and
Enemies
of
the
King
and
his
Realm
,
to
be
drawn
and
hanged
:
Whereupon
Sir
Simon
being
in
Custody
,
was
executed
by
the
Marshal
;
and
Proclamation
made
by
the
Kings
writs
by
the
Lords
order
,
to
apprehend
the
others
,
with
promise
of
great
rewards
to
those
who
should
apprehend
them
,
that
they
might
be
executed
;
and
if
they
could
not
take
them
alive
to
bring
in
their
heads
,
for
which
thty
should
receive
the
reward
of
500
l.
from
the
King
.
It
is
true
indeed
,
that
after
these
Judgements
given
the
Lords
the
same
Parliament
entred
this
special
Protestation
in
the
Parliament
Roll
n.
6.
against
being
forced
to
give
Judgement
in
such
cases
against
those
who
were
not
their
Peers
;
which
[
*
](A56189-e71230-b)
*
2
Instit.
p.
50.
Sir
Edward
Cook
stiles
an
Act
of
Parliament
,
though
it
be
no
such
thing
,
but
a
voluntary
Protestation
of
the
Lords
,
with
the
Kings
assent
.
It
is
assented
and
agreed
by
our
Lord
the
King
,
and
all
the
Great
men
in
full
Parliament
,
that
albeit
the
said
Péers
,
as
Iudges
of
Parliament
,
took
upon
them
in
the
presence
of
our
Lord
the
King
,
to
make
and
render
the
said
Judgements
by
assent
of
the
King
,
upon
some
of
those
who
were
not
at
all
their
Peers
,
and
that
by
reason
of
the
murder
of
our
Leige
Lord
,
and
destruction
of
[
†
](A56189-e71290-b)
†
The
Earl
of
Kent
,
King
Edwards
Brother
.
him
who
was
so
near
of
the
bloud
royal
,
and
son
of
a
King
;
that
thereby
the
PEERS
which
now
are
,
o●
the
Péers
which
shall
be
in
time
to
come
,
shall
not
be
bound
or
charged
to
render
Iudgements
upon
others
who
are
not
their
Péers
;
nor
yet
to
doe
it
but
upon
the
Péers
of
the
Land
,
but
that
they
shall
from
henceforth
be
for
ever
acquitted
thereof
.
And
that
the
said
Iudgements
now
rendered
,
shall
not
be
drawn
into
example
nor
consequence
for
time
to
come
,
whereby
the
said
Peers
may
be
charged
hereafter
to
adjudge
others
than
their
Peers
,
against
the
Law
of
the
Land
,
if
such
another
case
should
happen
,
which
God
defend
.
From
this
Protestation
of
the
Lords
(
which
Lilburn
principally
insists
on
)
he
and
[
†
](A56189-e71350-b)
†
Cook
2
Instit
,
p.
50.
some
others
conclude
;
that
the
Peers
in
Parliament
have
no
right
at
all
to
imprison
,
fine
,
judge
,
or
pass
sentence
of
death
against
any
Commoner
for
any
offence
,
no
,
(
not
for
breach
of
their
own
Privileges
)
but
only
the
Commons
,
To
which
Objection
I
answer
:
First
,
that
this
is
no
Act
of
Parliam
.
as
Sir
E.
Cook
mistakes
,
but
a
bare
Protestation
of
the
Lords
alone
,
assented
to
by
the
King
,
without
the
Commons
assent
,
which
no
wayes
impeacheth
the
Lords
right
of
judicature
.
Secondly
,
that
neither
the
House
of
Commons
,
nor
the
Commoners
then
attainted
of
Treason
,
and
adjudged
to
death
by
the
Lords
,
ever
demurred
or
excepted
against
their
Jurisdiction
,
as
Lilburn
and
Overton
doe
,
but
acknowledged
and
submitted
to
it
.
Thirdly
,
That
in
this
very
Protestation
the
Lords
profess
and
justifie
their
right
of
BEING
JVDGES
in
Parliament
,
without
admitting
or
acknowledging
any
Joynt
or
sole
right
of
Judicature
with
them
in
the
Commons
.
Fourthly
,
That
this
Protestation
was
meerly
voluntary
,
not
in
derogation
,
but
preservation
of
their
own
Honour
,
Right
,
Peerage
,
and
the
Parliaments
privileges
too
;
The
substance
of
it
is
no
more
than
this
;
That
the
Lords
should
not
be
constrained
against
their
wills
by
the
Kings
command
,
and
in
his
presence
,
to
give
judgement
of
death
in
ordinary
cases
of
Treason
or
Felony
in
the
high
Court
of
Parliament
,
or
elsewhere
out
of
it
,
against
such
who
were
no
Peers
,
who
in
such
cases
[
†
](A56189-e71480-b)
†
Magn.
Char.
c.
●9
.
15
E.
3.
c.
2.4
.
28
E.
3.
c
3.37
E.
3.
c.
8.42
E.
3.
c
3.
Cook
2
Instit.
p.
50
,
51.
by
the
Law
might
,
and
ought
to
be
tried
in
the
Kings
Courts
at
Westminster
,
or
before
the
Iustices
of
Oyer
and
Terminer
by
a
Iury
of
their
equals
;
but
only
in
cases
which
could
not
well
be
tried
elsewhere
▪
and
were
proper
for
their
Judgement
in
Parliament
;
they
fearing
that
by
this
president
in
Parliament
they
might
be
sworn
and
impannelled
on
Juries
in
cases
of
Treason
committed
by
Commoners
,
against
the
Great
Charter
,
c.
29.
and
the
Privilege
of
their
Peerage
,
which
exempted
them
being
sworn
or
put
into
Juries
,
as
Fitz.
Nat.
brev
.
f.
165.48
E.
3.
f.
30.
Exemption
6.48
.
Ass.
6.27
H.
8.
f.
22.
b.
This
is
the
whole
summ
and
sence
of
their
protestation
.
To
argue
therefore
from
hence
,
That
they
cannot
pass
sentence
,
or
judgement
against
any
Commoners
in
any
case
proper
for
their
Judicature
in
Parliament
,
because
they
protested
only
against
being
COMPELLED
to
give
Iudgement
against
such
as
were
no
Peers
,
in
cases
triable
elsewhere
,
and
not
proper
for
their
tribunal
(
as
the
Objectors
hence
conclude
)
is
quite
to
mistake
their
meaning
,
end
,
&
to
speak
rather
non-sence
,
than
reason
or
Law
.
Fifthly
,
This
Protestation
was
made
only
against
the
Lords
giving
sentence
in
Felony
and
Treason
,
and
that
in
the
Kings
own
presence
in
Parliam
.
(
who
usually
pronounced
the
judgment
himself
,
or
by
some
other
,
with
the
Lords
assent
,
&
did
not
charge
the
Lords
to
pronounce
it
,
as
here
)
not
against
sentencing
,
fining
,
imprisoning
any
Commoner
for
rayling
and
libelling
against
their
Persons
,
Jurisdiction
,
and
procedings
;
or
refusing
to
answer
,
and
contemning
their
Authority
to
their
faces
at
the
barr
;
or
appealing
from
their
Judicature
in
case
of
breach
of
Privilege
,
of
which
themselves
alone
and
no
others
are
or
can
be
Judges
;
the
cases
of
Lilburn
and
Overton
;
whose
commitments
are
warranted
by
hundreds
of
Presidents
,
in
this
and
former
Parliaments
.
Therefore
for
them
to
apply
this
Protestation
to
their
cases
,
with
which
it
hath
no
Analogy
,
is
a
manifestation
of
their
injudiciousness
and
folly
,
rather
than
a
justification
of
their
Libellous
Invectives
against
the
Lords
injustice
.
Sixthly
,
The
Lords
gave
judgement
against
all
these
persons
by
the
Kings
command
in
their
absence
,
without
any
Indictment
,
hearing
,
Trial
,
witnesses
heard
or
examined
against
them
face
to
face
,
or
due
process
or
Law
,
against
the
Great
Charter
and
Law
of
the
Land
.
And
this
was
the
main
reason
of
this
their
Protestation
,
as
the
close
of
it
shews
,
to
prevent
such
dangerous
presidents
for
the
future
.
Upon
which
ground
the
Judgements
they
then
gave
against
Roger
Mortymer
&
John
Mautravers
were
reversed
in
the
Parliament
of
21
E.
3.
n.
65.28
E.
3.
n.
8.
to
16.
Lastly
,
This
Protestation
did
not
foreclose
the
Lords
in
this
or
future
Parliaments
to
give
Judgement
against
Commoners
in
other
cases
of
Felony
and
Treason
,
even
without
the
Commons
,
which
I
shall
prove
by
some
other
instances
.
In
the
Parliament
of
4
Ed.
3.
n.
16.
[
(1)
](A56189-e71730-b)
(1)
Exact
abridgement
,
p.
8.
Sir
Thomas
Berkeley
Knight
was
arraigned
and
tried
by
a
Jury
for
Treason
,
as
being
guilty
of
the
death
of
King
Edward
the
2.
committed
to
his
custody
,
who
pleaded
not
guilty
,
and
was
tried
in
full
Parliament
before
the
King
by
a
Jury
,
and
by
them
acquitted
:
Which
case
being
rare
and
memorable
,
I
shall
here
insert
the
whole
Record
.
Thomas
de
Berkele
Miles
venit
coram
Domino
Rege
in
pleno
Parliamento
suo
praedicto
,
et
allocutus
hoc
:
Quod
eum
Dominus
Edwardus
nuper
Rex
Angliae
,
pater
Domini
Regis
nunc
,
in
custodia
ipsius
Thomae
,
et
cujusdam
Johanuis
Mautravors
nuper
extitit
collatus
ad
salvo
custodiendum
in
castro
ipsius
Thomae
apud
Berkele
,
in
Com.
Gloucestriae
,
et
in
eodem
castro
in
custodia
ipsorum
Thomae
&
Johannis
murdratus
extitit
,
et
interfectus
,
qualiter
se
velit
de
morte
ipsius
Regis
acquietare
?
Dicit
,
quod
nunquam
fuit
consentiens
,
auxilians
,
seu
procurans
ad
mortem
suam
,
nec
unquam
scivit
de
morte
sua
usquam
in
praesenti
Parliamento
isto
,
et
de
hoc
paratus
est
acquietare
se
,
prout
CURIA
REGIS
consideraverit
.
Et
super
hoc
quaefitus
est
ab
eo
,
ex
quo
ipse
est
Dominus
castri
praedicti
,
et
idem
Dominus
Rex
in
custodia
ipsorum
Thomae
&
Johannis
extitit
liberatus
ad
salvo
custodiend
.
&
ipsi
custodiam
ipsius
Regis
recepe●unt
,
et
acceptarunt
,
quali
er
se
excusare
possit
quin
de
morte
ipsius
Regis
respondere
debeat
?
Et
praedictus
Thomas
dicit
,
quod
verum
est
quod
ipse
est
Dominus
Castri
praedicti
,
et
quod
ipse
simul
cum
Johanne
Mautravers
,
custodiam
ipsius
Regis
recepit
ad
salvo
custodiend
;
ut
praedictum
est
.
Sed
dicit
,
quod
eo
tempore
quo
dicitur
ipsum
Dominum
Regem
esse
murdratum
et
interfectum
fuit
ipse
taliter
tanta
infirmitate
apud
Bradeley
extra
Castrum
praedictum
detentus
,
quod
ei
currebat
memoriae
.
Et
super
hoc
dictum
est
ei
,
quod
ex
quo
cognovit
,
quod
ipse
simul
cum
dicto
Johanne
custodiam
ipsius
Domini
Regis
obtinuit
,
ut
praedictum
est
,
et
ipse
custodes
et
ministros
sub
se
posuit
ad
custodiam
de
eo
faciendam
,
si
per
aliquam
infirmitatem
excusari
posset
,
quin
respondere
debuit
in
hac
parte
?
Et
praedictus
Thomas
dicit
,
quod
ipse
posuit
sub
se
tales
custodes
et
ministros
in
castro
praedicto
pro
custodia
facienda
,
a
quibus
ipse
se
confidebat
,
ut
de
seipso
,
qui
custodiam
ipsius
Regis
simul
cum
praedicto
Johanne
Mautravers
inde
habuerunt
,
unde
dicit
,
quod
ipse
de
morte
ipsius
Domini
Regis
auxilio
,
assensu
,
seu
procuratione
mortis
suae
,
in
nullo
est
inde
culpabilis
.
Et
de
hoc
de
bono
et
malo
ponit
se
su●er
patriam
.
Ideo
venerint
inde
Juratores
coram
Domino
Rege
in
Parliamento
suo
apud
Westm.
in
Octabis
Sancti
Hilarii
proxime
futuri
,
&c.
Ad
quam
diem
venit
praedictus
Thomas
coram
Domino
Rege
in
pleno
Parliamento
,
ac
similiter
Juratores
,
scil.
Johannes
Darci
,
Iohannes
de
Wisham
,
Willielmus
Trussell
,
Rogerus
de
Swyneuerton
,
Constantius
de
Mor●imer
,
Iohannes
de
sancto
Phileberto
,
Richardus
de
Rivers
,
Petrus
Hussey
,
Iohannis
de
Dynton
,
Richardus
de
la
Rivere
,
Robertus
Dabenhate
,
&
Richardus
de
Corveyes
,
omnes
milites
,
Qui
dicunt
super
Sacramentum
suum
,
quod
praedictus
Thomas
de
Berkelie
,
in
nullo
est
culpabilis
praedicti
Domini
Edwardi
Regis
,
Patris
Domini
Regis
nunc
,
nec
de
assensu
,
auxilio
,
seu
procuratione
mortis
ejusdem
.
Et
dicunt
,
quod
tempore
mortis
ejusdem
Domini
Edwardi
Regis
,
patris
Domini
Regis
nunc
,
fuit
ipse
tali
infirmitate
gravatus
apud
Bradely
extra
castrum
suum
praedictum
,
quod
de
vi●a
ejus
desperabatur
.
Ideo
idem
Thomas
inde
quietus
:
&
Juratores
quaesiti
,
si
idem
Thomas
unquam
substraxit
se
occasione
praedicta
?
dicunt
,
quod
non
:
Et
quia
idem
Thomas
posuit
custodes
et
ministros
sub
se
,
scil.
Thomam
de
Gourney
,
et
Willielmum
de
Ocle
ad
custodiam
de
ipso
Domino
Rege
faciendam
,
per
quod
idem
Dominus
Rex
extitit
murdratus
et
interfectus
,
datus
est
ei
dies
coram
Domino
Rege
nunc
in
proximo
Parliamento
suo
,
de
audiendo
JUDICIO
SUO
,
&c.
Et
praedictus
Thomas
de
Berkelei
interim
committitur
Radulpho
de
Nevill
Mareschallo
hospitii
Domini
Regis
,
&c.
It
is
observable
that
though
Edward
the
2.
was
murdered
after
he
was
deposed
by
this
Parliament
,
yet
he
is
still
●●lled
a
King
in
this
Indictment
,
and
record
,
and
his
murder
adjudged
Treason
in
those
who
did
it
.
After
his
acquittal
he
put
in
Mainpernors
to
appear
in
the
next
Parliament
,
[
(m)
](A56189-e72210-b)
(m)
Exact
abridgement
,
p
10.
Where
appearing
,
he
and
his
Mainpernors
were
discharged
,
but
yet
himself
ordered
to
appear
again
the
ensuing
Parliament
,
as
appears
by
the
Parliament
Roll
of
5
E.
3.
n.
16.
[
(n)
](A56189-e72260-b)
(n)
Rot.
Par●
▪
24
E.
3.
pars
-
3.
m.
2.
dors.
Rot.
Pat.
25
E.
3.
part.
1.
m.
17.
Cooks
3
Inst.
p.
223
,
224.
Mr.
S.
●0
.
argument
against
the
Shipmony
Iudges
,
p.
22
,
23
,
14.
William
Thorp
Chief
Justice
of
the
Kings
Bench
,
and
one
of
the
Justices
of
Assize
in
the
County
of
Lincoln
,
in
the
23
year
of
Ed.
the
3.
against
his
Oath
took
10
l.
of
Richard
Saltley
,
20
l.
of
Hildebrand
,
of
Beresward
40
l.
of
Gilbert
Holliland
40
l.
and
10
l.
of
Ro.
Daldorby
to
stay
an
Exigent
upon
an
Indictment
of
diverse
felonies
,
that
should
have
issued
against
them
;
Whereupon
he
was
indicted
before
the
Earls
of
Arundel
,
Warwick
,
and
Huntingdon
,
the
Lord
Gray
and
Lord
Burghers
,
Anno
24
E.
3.
to
whom
the
King
by
Commission
referred
the
examination
of
the
businesse
,
before
whom
he
could
not
deny
,
but
confessed
the
Bribery
.
Ideo
consideratum
est
per
dictos
Justiciarios
assignatos
,
ad
judicandum
secundum
voluntatem
Regis
,
et
secundum
regale
posse
suum
;
quod
quia
praedictus
Willielmus
Thorp●
,
qui
sacramentum
Domini
Regis
quod
erga
populum
suum
habuit
custodiendum
fregit
malitiose
,
false
et
rebelliter
,
in
quantum
in
ipso
fuit
,
&
ex
causis
supradictis
ipsum
Willielmum
expresse
cognitis
,
ideo
SUSPENDATUR
,
et
quod
omnia
terra
et
tenementa
,
bona
et
catalla
sua
remaneant
forisfacta
.
The
King
by
a
writ
under
the
privy
Seal
,
stayed
his
execution
,
and
sent
him
Prisoner
to
the
Tower
.
In
the
Parliament
of
25
Ed.
3.
nu.
10.
command
was
given
,
[
(o)
](A56189-e72500-b)
(o)
Exact
abridgement
,
p.
74.
that
the
record
of
this
Judgement
against
Judge
Thorp
should
be
brought
into
the
Parliament
,
and
there
read
openly
BEFORE
THE
LORDS
,
to
have
every
of
their
advice
concerning
it
,
whether
this
Iudgement
were
legal
or
not
?
et
nullo
contradicente
,
all
the
Lords
affirmed
the
judgement
to
be
legal
and
good
,
considering
that
he
against
his
Oath
received
Bribes
:
And
therefore
it
was
agreed
by
all
the
Lords
,
that
if
the
like
case
should
hereafter
happen
,
the
King
might
take
to
him
such
Nobles
as
he
should
think
meet
,
and
therein
do
according
to
his
pleasure
.
Provided
this
judgement
should
not
be
drawn
into
example
against
any
other
Officers
who
should
break
their
Oaths
;
but
only
against
those
,
qui
praedictum
Sacramentum
fecerunt
(
of
Justices
)
et
fregerunt
,
et
habent
leges
Regales
Angl.
ad
custod
.
Here
the
Lords
were
sole
Judges
of
the
Judge
,
who
was
a
Commoner
,
and
gave
judgement
against
him
without
the
Commons
,
yea
declare
the
Law
in
this
new
case
,
both
in
and
out
of
Parliament
.
[
(t)
](A56189-e72590-b)
(t)
Exact
abridgement
,
p.
67.
In
the
Parliament
of
21
E.
3.
n.
68.
The
Commons
by
divers
Bills
complained
to
the
Lords
of
divers
extortions
,
grievances
,
prejudices
done
to
the
King
and
Commons
by
John
Wattenham
,
and
Walter
de
Cheriton
Merchants
,
who
desired
the
King
would
command
them
to
come
before
THE
COUNCIL
&
LORDS
in
Parliament
,
to
answer
what
should
be
objected
,
and
clear
themselves
.
[
(u)
](A56189-e72680-b)
(u)
Exact
abridgement
,
p.
120.
Henry
de
Knyghton
,
de
Event
.
Angl.
l.
5.
col.
2636.
In
the
Parliament
of
50
E.
3.
n.
17
,
18
,
19
,
20.
The
Commons
accused
Richard
Lyons
Merchant
of
London
of
divers
deceits
,
extortions
,
and
misdemeanors
,
whiles
he
was
farmer
of
the
Customs
and
last
subsidy
,
for
transporting
wools
,
and
staple
Commodities
,
procuring
new
Impositions
on
staple
ware
,
for
buying
debts
from
the
Kings
Creditors
at
under
rates
,
and
making
the
King
to
pay
the
whole
,
for
taking
of
bribes
,
and
defrauding
the
King
.
To
some
of
which
charges
he
answered
,
and
to
the
rest
submitted
himself
to
the
King
touching
Body
,
Lands
and
Goods
.
Whereupon
THE
LORDS
adjudged
him
to
prison
during
the
Kings
will
,
that
his
lands
tenements
and
goods
should
be
seised
to
the
Kings
use
,
that
Commissions
should
issue
throughout
all
England
to
inquire
of
his
Extortions
,
whiles
farmer
of
the
subsidies
,
and
that
he
should
be
disfranchised
.
Upon
this
Judgement
,
in
the
Fine
Roll
of
50
E.
3.
m.
19
,
21
,
22.
there
issued
out
writs
for
the
arresting
and
selling
the
goods
of
Richard
Lyons
to
the
Kings
use
,
which
were
his
on
the
19
of
March
,
certis
de
causis
coram
Nobis
et
Concilio
nostro
in
praesenti
Parliamento
nostro
propositis
,
&c.
per
Concilium
in
Parliamento
.
The
same
[
(x)
](A56189-e72800-b)
(x)
Exact
abridgement
.
p.
122
,
123.
Parliament
,
50
E.
3.
n.
31
,
32.
William
Ellis
of
great
Yarmouth
was
accused
by
the
Commons
of
sundry
extortions
whiles
he
was
Deputy
Farmer
of
the
kings
subsidie
to
Richard
Lyons
;
To
which
he
seemed
sufficiently
to
answet
;
yet
was
BY
THE
LORDS
adjudged
to
prison
,
and
to
make
a
fine
at
the
Kings
pleasure
.
Ibidem
,
Num.
33.
Iohn
Peach
of
London
was
impeached
by
the
Commons
for
procuring
a
license
under
the
Great
Seal
,
that
he
only
might
sell
sweet
wines
in
London
,
by
colour
whereof
he
took
4
s.
4
d.
of
every
man
for
every
Tun
thereof
sold
,
which
he
justified
he
lawfully
might
doe
:
Notwithstanding
JUDGEMENT
was
given
against
him
by
THE
LORDS
,
that
he
should
be
committed
during
the
Kings
pleasure
,
and
make
recompense
to
all
parties
grieved
.
Num
37.
Adam
de
Bury
was
accused
of
divers
deceits
and
wrongs
done
by
him
whiles
Mayor
of
Callice
,
and
Captain
of
Bellingham
.
Being
sent
for
to
come
to
the
Parliament
,
he
came
not
,
nor
could
he
be
found
.
Thereupon
the
Lords
agreed
,
that
all
his
goods
and
chattels
should
be
arrested
,
and
so
they
were
.
All
these
Commons
were
first
impeached
by
the
Commons
,
and
thus
judged
and
censured
by
THE
LORDS
in
this
GOOD
PARLIAMENT
,
as
Historians
and
others
stile
it
:
And
in
the
Commons
petitions
therein
,
there
are
divers
Petitions
of
Grievances
from
sundry
Counties
,
Towns
,
persons
,
complaining
of
wrongs
and
grievances
,
presented
to
the
King
and
Lords
for
redresse
of
oppressions
,
extortions
,
Monolies
,
&c.
In
the
[
(y)
](A56189-e72970-b)
(y)
Exact
abridgement
,
p.
158.
Parliament
of
1
R.
2.
n.
41
,
42
,
43.
Dame
Alice
P●etrees
was
brought
before
THE
LORDS
by
Sir
Richard
Scroop
Knight
,
and
there
charged
for
pursuing
matters
at
the
Court
,
contrary
to
an
Order
made
in
the
Parliament
,
of
50
E.
3.
n.
35.
and
procuring
King
Edward
to
restore
Richard
Lyons
to
his
lands
and
goods
,
&c.
she
denied
she
pursued
any
such
thing
for
singular
gain
,
against
that
Ordinance
;
whereupon
diverse
Officers
,
Counsellers
,
and
Secretaries
of
king
Edward
3.
were
examined
against
her
,
who
proved
she
made
such
pursutes
,
and
that
for
private
gain
in
their
conceits
.
Whereupon
the
Lords
(
alone
,
without
the
Commons
)
gave
Iudgement
against
her
,
that
she
should
be
banished
according
to
the
order
aforesaid
,
and
forfeit
all
her
Lands
,
Goods
,
and
Tenements
to
the
King
,
The
same
[
(y)
](A56189-e73110-b)
(y)
Exact
abridgement
,
p.
157.
Parliament
;
1
R
2.
n.
32
,
33.
The
Lords
committed
William
Fitz-Hugh
Goldfiner
,
and
Citizen
of
London
to
the
Tower
,
for
refusing
to
averr
a
Petition
exhibited
by
him
in
the
name
of
the
poor
Commonalty
of
that
mystery
,
complaining
against
John
Chichester
and
John
Bolcham
of
the
same
mystery
,
of
divers
oppressions
done
by
them
to
the
said
Commonalty
.
In
this
very
[
(e)
](A56189-e73200-b)
(e)
An
Exact
abridgement
,
p.
157
,
158.
And
my
Doom
of
Cowardise
and
Treachery
,
p.
2
,
3
,
4
,
5.
Parliament
of
1
R.
2.
n.
38
,
39
,
40.
The
Commons
prayed
,
that
all
those
Captains
who
had
rendred
or
lost
Castles
or
Towns
through
default
,
might
be
put
to
answer
it
in
this
Parliament
,
and
severely
punished
according
to
their
deserts
BY
AWARD
(
or
Judgement
)
OF
THE
LORDS
and
BARONS
,
to
eschew
the
evil
examples
they
had
given
to
other
Governors
of
Towns
and
Castles
.
Whereupon
Sir
Alexander
de
Buxton
Constable
of
the
Tower
,
was
commanded
to
bring
BEFORE
THE
LORDS
IN
PARLIAMENT
William
de
Weston
,
and
Lord
of
Gomynes
(
both
of
them
Commoners
)
on
Friday
the
27
of
November
,
to
answer
such
Articles
as
should
be
surmised
against
them
on
the
Kings
behalf
.
Being
brought
BEFORE
THE
LORDS
in
full
Parliament
,
they
were
severally
articled
against
at
the
command
of
THE
LORDS
,
by
Sir
Richard
le
Scrop
Knight
,
Steward
of
the
Kings
House
;
and
their
several
Articles
,
and
answers
to
them
in
writing
,
read
before
THE
LORDS
;
Which
done
,
the
Constable
was
commanded
to
bring
them
again
before
THE
LORDS
on
Saturday
next
ensuing
,
being
the
20
of
November
;
on
which
day
it
was
shewed
unto
them
severally
by
the
said
Steward
,
by
THE
LORDS
COMMAND
▪
That
THE
LORDS
OF
THE
PARLIAMENT
(
whose
names
are
particularly
mentioned
in
the
Roll
)
had
met
together
,
and
considered
of
their
respective
answers
,
and
that
IT
SEEMED
TO
THE
LORDS
AFORESAID
,
that
the
said
William
had
delivered
up
the
Castle
of
On●herwycke
to
the
Kings
enemies
,
without
any
duress
or
want
of
victuals
,
contrary
to
his
allegiance
,
and
undertaking
safely
to
keep
it
;
and
therefore
the
Lords
above-named
sitting
in
full
Parliament
adjudge
you
to
death
,
&
that
you
shall
be
drawn
&
hanged
.
But
because
our
Lord
the
King
is
not
informed
of
the
manner
of
the
Judgement
,
the
execution
of
it
shall
be
respited
till
the
king
be
thereof
informed
.
After
which
Judgement
given
,
it
was
shewed
to
the
said
John
Lord
of
Gomynes
by
the
said
Steward
,
how
the
said
LORDS
had
assembled
and
considered
of
his
answer
,
and
THAT
IT
SEEMED
TO
THE
LORDS
sitting
in
full
Parliament
,
that
without
duresse
,
or
default
of
victuals
or
other
necessaries
,
for
the
defence
of
the
Town
&
Castle
of
Arde
,
and
without
the
Kings
Command
,
he
had
evilly
delivered
and
surrendred
them
to
the
Kings
Enemies
by
his
own
default
,
against
all
appearance
of
right
or
reason
,
contrary
to
his
undertaking
safely
to
keep
the
same
;
Wherefore
THE
LORDS
aforesaid
here
in
full
Parlia-ADJUDGE
YOU
TO
DEATH
.
And
because
you
are
a
Gentleman
and
a
Baronet
,
and
have
served
the
Kings
Grandfather
in
his
wars
,
and
are
no
Liege
man
of
our
Lord
the
King
,
you
shall
be
beheaded
,
without
having
OTHER
JUDGEMENT
:
And
because
that
our
Lord
the
King
is
not
yet
informed
of
the
manner
of
this
Judgement
,
the
execution
thereof
shall
be
put
in
respite
until
our
Lord
the
King
be
informed
thereof
.
Loe
here
two
express
Judgements
given
in
Parliament
by
the
LORDS
alone
,
without
King
or
Commons
in
case
of
Treason
,
even
against
Commoners
themselves
.
And
an
express
acknowledgement
by
the
Commons
of
the
Lords
right
to
award
Iudgement
in
these
cases
,
without
the
King
or
them
;
than
which
a
fuller
and
clearer
proof
cannot
be
desired
.
[
(1)
](A56189-e73620-b)
(1)
An
exact
abridgment
,
p.
176.177
.
In
the
Parliament
of
2
R.
2.
n.
34
,
35.
Sir
Robert
Howard
knight
was
committed
prisoner
to
the
Tower
upon
the
complaint
of
the
Lady
Nevil
by
the
Lords
in
Parliament
,
for
a
forcible
imprisonment
of
her
daughter
,
to
which
he
was
accessory
,
that
she
might
not
prosecute
a
divorce
in
Court
Christian
.
[
(2)
](A56189-e73670-b)
(2)
Walsingh
.
Hist.
Angliae
,
p.
245
,
246
,
247.
Ypodig
.
Neust
.
p.
138.
In
the
50
year
of
King
Edward
the
3.
(
in
the
Parliament
called
the
good
Parliament
)
Sir
John
Anneslee
Knight
,
accused
Thomas
Katrington
Esquire
of
Treason
,
for
selling
the
Castle
of
St.
Saviour
in
the
Isle
of
Constantine
to
the
French
for
an
inestimable
sum
of
money
,
cum
nec
defensio
sibi
,
nec
victualia
defuissent
:
whereupon
he
was
taken
and
imprisoned
,
but
in
King
Edwards
sickness
,
enlarged
by
the
Lord
Latymers
means
(
as
was
reported
.
)
In
the
Parliament
held
at
London
(
Anno
1380.
the
3.
of
Rn.
2.
)
he
was
again
accused
by
Sir
John
Anneslee
,
and
there
resolved
,
that
being
a
Treason
done
beyond
Sea
,
not
in
England
,
it
ought
to
be
tried
by
duel
before
the
Constable
or
Marshal
of
the
Realm
.
Whereupon
a
day
of
battel
was
appointed
in
the
Court
at
Westminster
the
7.
of
June
,
and
lists
set
up
.
On
which
day
in
the
morning
they
fought
the
battel
in
the
presence
of
the
KING
,
Nobles
and
Commons
of
the
Realm
(
which
Walsingham
at
large
describes
)
till
both
of
them
were
tyred
,
and
lay
tumbling
on
the
ground
;
where
the
Esquire
got
upon
the
Knight
,
as
if
he
had
conquered
him
:
Others
said
,
the
Knight
would
rise
again
and
vanquish
the
Esquire
.
Interea
Rex
pacem
clamari
pr●cepit
,
et
militem
erig●
.
The
Knight
refused
to
be
lifted
up
as
the
Esquire
was
,
desiring
he
might
be
laid
upon
him
again
,
for
he
was
well
,
and
would
gain
the
victory
,
if
he
were
laid
upon
him
again
.
When
he
could
not
obtain
his
request
,
being
lifted
up
,
he
went
chearfully
to
the
King
without
help
,
when
as
the
Esquire
could
neither
stand
nor
go
,
but
as
two
held
him
up
;
and
thereupon
was
set
in
a
chair
to
rest
himself
.
The
Knight
when
he
came
before
the
King
▪
rogavis
Eum
et
Proceres
,
ut
sibi
illam
concederunt
gratiam
,
ut
it●rum
in
loco
quo
prius
,
posset
reponi
,
et
armiger
super
eum
.
Rex
vero
et
Proceres
,
cum
vidissent
mili●em
tam
animose
,
●am
vivide
bellum
repetere
,
et
insuper
magnam
summam
auri
offerre
publice
ut
id
posset
effici
,
decreverunt
eum
iterum
reponendum
,
&
armigerum
super
eum
,
modo
universaliter
servato
quo
●acuerant
ante
prostrati
.
But
the
Esquire
in
the
mean
time
in
a
swoun
,
fell
out
of
the
chair
as
dead
,
between
the
hands
of
those
who
stood
by
him
.
Whereupon
many
running
to
him
,
chafed
him
with
wine
and
water
,
but
could
not
recover
him
till
they
pulled
off
his
arms
.
Quod
factum
et
Militem
victorem
probavit
,
&
Arm
gerum
esse
victum
.
After
some
space
the
Esquire
reviving
,
opened
his
eyes
,
and
began
to
lift
up
his
head
,
and
to
look
terribly
on
every
one
that
stood
round
about
him
:
which
the
knight
being
informed
of
,
went
presently
to
him
in
his
arms
which
he
never
put
off
,
and
speaking
to
him
,
et
Proditorem
et
falsum
appellans
,
quaerit
si
iterum
audeat
Duellum
repetere
?
Ille
verò
nec
sensum
,
nec
spiritum
habente
respondendi
;
●lamatum
est
pugnam
finitam
,
et
ut
quisque
ad
propria
remearet
.
The
Squire
was
carried
to
his
bed
senceless
,
and
died
the
next
morning
.
Here
we
have
a
Duel
ordered
by
Parliament
,
and
the
King
and
Lords
Iudges
in
it
,
not
the
Commons
,
for
a
Treason
done
beyond
the
Seas
not
triable
here
by
Law
.
In
the
[
(3)
](A56189-e73970-b)
(3)
An
Exact
abridgement
,
p.
189
,
190.
Walsingham
,
Hist.
Angliae
,
p.
154
,
155.
Parliament
of
4
R.
2.
n.
17.
to
26.
Sir
Ralph
Ferrers
being
arested
for
suspition
of
Treason
on
the
borders
of
Scotland
,
was
brought
into
the
Parliament
before
the
Lords
,
to
answer
the
same
:
where
divers
Letters
under
his
hand
and
Seal
(
as
was
pretended
)
were
produced
and
read
against
him
,
sent
to
the
Lord
Admiral
of
France
,
and
other
French
Officers
,
informing
them
,
that
he
in
the
behalf
of
the
French
had
made
a
League
and
alliance
with
the
Scots
,
and
desiring
them
to
make
payment
of
the
monies
promised
him
,
and
of
his
own
fee
,
and
inviting
the
French
to
invade
England
,
&c.
with
discoveries
of
the
Kings
designs
against
the
French
,
and
answers
to
them
.
Sir
Ralph
desired
Counsel
in
this
case
,
which
was
denied
him
:
These
Letters
were
found
by
a
beggar
besides
London
;
divers
of
his
familiars
were
called
into
the
Parliament
house
before
the
Lords
,
and
likewise
the
beggar
,
and
the
whole
matter
strictly
examined
:
The
Letters
sent
by
Sir
Ralph
to
the
parties
beyond
Seas
,
and
certain
Letters
sent
by
them
in
answer
to
his
,
were
all
sealed
together
,
and
all
of
one
hand
,
and
the
Seal
larger
than
the
Seal
of
the
said
Sir
Ralph
,
whereupon
they
seemed
to
be
forged
by
some
of
his
Enemies
for
his
overthrow
;
himself
being
once
or
twice
urged
to
answer
,
Whether
the
Letters
were
his
,
or
no
?
answered
,
that
he
did
not
remember
they
were
his
own
Letters
,
and
that
he
was
ready
to
approve
,
as
the
Lords
should
think
fit
;
having
formerly
offered
combate
with
any
that
would
justifie
it
,
from
which
he
was
put
.
In
conclusion
,
the
Lords
thought
him
to
be
innocent
:
whereupon
he
was
delivered
to
4.
Earls
,
and
2.
Lords
,
who
became
pledges
body
for
body
,
to
answer
when
he
should
be
called
between
that
and
the
next
Parliament
,
and
so
he
was
inlarged
.
The
Letters
and
his
Seal
were
delivered
to
Sir
John
Cavendish
Chief
Justice
of
England
,
and
the
beggar
being
thought
privy
to
this
falshood
,
was
committed
to
prison
by
THE
LORDS
.
In
the
[
(4)
](A56189-e74230-b)
(4)
See
an
Exact
abridgment
,
p.
199.200
.
Parliament
of
5
R.
2.
n.
44
,
45.
Richard
Clindow
Esquire
exhibited
a
Bill
to
the
King
,
wherein
he
accused
Sir
William
Cogan
knight
,
for
extorting
300
l.
by
menaces
from
the
Prior
of
St.
Iohns
;
Sir
William
appearing
upon
Summons
,
prayed
Counsel
,
which
was
denied
,
for
that
it
concerned
Treason
;
whereupon
he
pleaded
Not
Guilty
.
After
which
the
same
Parliament
,
n.
46.
to
61.
The
Mayor
,
Baylifs
and
Commonalty
of
Cambridge
were
accused
before
the
King
and
Lords
,
that
in
the
late
insurrection
,
they
confederating
with
other
Malefactors
,
did
break
open
the
Treasury
of
the
University
of
Cambridge
,
burn
sundry
Charters
of
the
University
,
and
compel
the
Chancellor
and
Scholars
under
their
common
Seal
to
release
to
the
said
Mayor
and
Burgesses
all
manner
of
Liberties
,
real
and
personal
actions
,
and
also
to
become
bound
to
them
in
great
sums
of
money
.
Whereupon
special
writs
were
directed
to
the
Mayor
,
Baylifs
and
Commonalty
to
appear
in
Parliament
to
answer
the
premises
.
The
Mayor
and
Baylifs
appear
in
person
,
and
plead
;
that
they
〈◊〉
not
privy
to
any
such
act
,
but
if
any
thing
was
done
it
was
by
compulsion
by
others
,
which
the
Kings
learned
Counsel
disproved
;
whereupon
they
pleaded
Not
Guilty
:
The
Commonalty
appeared
by
Attorney
,
and
delivered
in
the
Release
and
Bond
of
the
University
complained
of
under
their
Seal
,
which
were
ordered
to
be
cancelled
.
After
which
the
Chancellor
and
Scholars
of
the
University
exhibited
Articles
against
the
Mayor
and
Baylifs
,
shewing
their
whole
carriage
and
discourse
in
this
tumult
.
Upon
reading
whereof
,
it
was
demanded
of
them
in
the
Kings
behalf
,
What
they
could
say
why
their
Liberties
lately
confirmed
should
not
be
seised
into
the
Kings
hands
as
forfeited
?
They
thereupon
required
a
Copy
of
the
Articles
,
Councel
,
and
respite
to
answer
.
To
the
Copy
of
the
Bill
,
it
was
answered
by
the
Lords
,
that
seeing
they
had
heard
it
read
,
it
should
suffice
,
for
by
Law
they
ought
to
have
no
Copy
.
For
Councel
,
it
was
said
;
That
to
such
articles
,
if
any
were
wherein
Councel
was
to
be
had
,
they
should
have
it
;
otherwise
not
.
Wherfore
they
were
then
appointed
to
answer
to
no
crime
or
offence
,
but
only
to
their
Liberties
.
To
which
they
answered
by
their
Council
;
That
this
Court
ought
not
to
have
any
Conusance
or
Jurisdiction
of
them
for
certain
causes
then
alleged
.
But
at
last
they
were
ordered
to
say
what
they
could
,
otherwise
they
would
give
Iudgement
against
them
,
as
those
who
had
nothing
to
say
.
Whereupon
they
pleaded
,
they
did
nothing
but
by
Duress
and
constraint
of
the
Rebels
.
At
last
,
after
many
dilatory
shifts
,
touching
their
Liberties
,
they
wholly
submitted
themselves
to
the
Kings
mercy
and
grace
,
saving
their
answer
to
other
matters
.
The
KING
therefore
by
the
assent
of
the
Prelates
and
Lords
in
Parliament
(
●o
is
the
Rol●
)
seised
their
Liberties
into
his
hands
as
forfeited
;
and
by
assent
of
the
Lords
and
Prelates
in
Parliament
,
granted
to
the
Chancellor
and
Scholars
the
Assise
and
correction
of
bread
,
weights
,
measures
,
and
forestallers
,
and
fines
thereof
within
the
Town
and
Sub●rbs
of
Cambridge
which
the
Townsmen
had
before
.
The
King
,
Lords
,
and
Prelates
being
Judges
,
and
giving
the
Judgement
in
this
case
of
Commoners
,
as
the
record
a
●ge
attests
.
[
(5)
](A56189-e74460-b)
(5)
Hist.
Angliae
,
p.
328.
Walsingham
relates
,
that
in
a
Parliament
holden
at
London
this
year
about
the
feast
of
St.
John
,
upon
the
Petition
of
the
knights
of
Shires
,
John
Straw
,
Captain
of
those
in
the
insurrection
at
Bury
and
Myldenhale
,
tractationi
et
suspentioni
ADJUDICATUR
,
(
to
wit
by
the
King
and
Lords
)
licet
multi
putassent
eum
fuisse
pecunia
redimendum
.
[
(6)
](A56189-e74560-b)
(6)
Walsingh
.
Hist.
Angl.
p
316.
In
the
7.
year
of
R.
2.
Rege
vocante
congregati
sunt
multi
de
Nobilibus
Regni
apud
Rading
;
to
restrain
the
seditious
motions
of
John
de
Northampton
,
late
Mayor
of
London
,
qui
ingenia
facinora
nisus
est
,
de
quibus
et
convictus
est
ibidem
,
his
familiar
Clerk
accusing
him
,
both
of
divers
practises
and
designes
projected
by
him
,
as
well
to
the
prejudice
of
the
King
,
as
of
the
whole
City
of
London
,
and
objecting
them
against
him
.
When
Judgement
was
to
be
given
against
him
in
the
Kings
presence
,
he
pleaded
,
that
such
a
Judgement
ought
not
to
be
given
against
him
in
the
absence
of
the
Duke
his
Lord
;
whereby
he
raised
a
sinister
suspition
as
well
in
the
people
,
AS
NOBLES
,
against
the
Duke
(
of
Lancaster
.
)
The
Justice
(
who
was
to
pronounce
the
Judgement
)
told
him
,
He
ought
to
refute
his
charge
by
Duel
,
or
by
the
Laws
of
the
Realm
to
submit
himself
to
drawing
,
hanging
,
and
quartering
.
At
which
when
he
stood
mute
and
said
nothing
,
DECRETVM
EST
,
ut
perpetuo
carceri
tradiretur
,
et
e●us
bona
regis
usibus
confis●arentur
,
&
ut
Londonias
non
appropinquaret
per
centum
miliaria
in
vita
sua
:
whereupon
he
was
sent
prisoner
to
Tyntagel
Castle
in
Cornwall
,
and
his
goods
seised
on
by
the
Kings
Officers
.
[
(7)
](A56189-e74700-b)
(7)
An
Exact
abridgement
,
p.
292
,
293
,
294.
See
nay
Doom
of
Cowardise
,
p.
14
,
15.
Walsingham
,
Hist.
Angl.
p.
3●3
.
In
the
Parliament
of
7
R.
2.
holden
at
Westminster
the
Monday
next
before
the
feast
of
All
Saints
▪
num.
17.
Bryers
Cressingham
,
and
Iohn
Spic●worth
Esquires
,
were
accused
before
the
LORDS
for
surrendring
the
Castle
of
Drinkham
in
Flanders
to
the
kings
enemies
for
money
,
without
consent
of
the
kings
Lieutenant
.
Spickworth
proved
,
that
the
same
was
not
in
his
custody
;
and
thereupon
he
was
discharged
.
Cressingham
pleaded
,
that
he
yeelded
the
same
upon
necessity
,
without
money
,
and
submitted
himself
to
the
Lords
order
:
who
thought
this
no
good
cause
;
and
therefore
committed
him
to
prison
.
The
same
Parliament
,
n.
24
,
25.
Sir
William
de
Elinsham
,
Sir
Thomas
Trivet
,
Sir
Henry
de
Ferriers
,
and
Sir
William
Farnden
knights
,
and
Robert
Fitz-Ralph
Esquire
,
were
accused
before
the
Lords
in
Parliament
for
selling
the
Castle
of
Burburgh
,
with
all
the
arms
,
ammunition
,
and
provisions
therein
to
the
French
,
the
kings
enemies
▪
for
sundry
summs
of
gold
received
by
them
of
the
French
,
without
authority
from
the
king
or
his
Lieutenant
:
who
pleaded
,
they
surrendred
it
for
salvation
of
themselves
and
their
people
,
&c.
After
all
their
excuses
made
;
they
were
upon
consideration
,
adjudged
insufficient
by
the
Lords
;
and
the
Chancellor
,
by
their
order
,
pronounced
this
Judgement
against
them
,
That
they
should
repay
all
the
monies
they
received
from
the
Enemy
to
the
King
;
be
committed
to
prison
;
ransomed
at
the
Kings
will
;
and
moreover
,
that
Sir
Will
.
de
Farnden
(
being
the
greatest
Offender
)
should
be
at
the
Kings
mercy
both
for
body
and
goods
,
to
do
with
them
as
he
pleaseth
.
[
(8)
](A56189-e74970-b)
(8)
Walsingham
,
Hist.
Angl.
p.
337.
In
this
Parliament
there
was
a
Duel
fought
between
John
Walsh
an
English
Esquire
,
and
one
of
Navarr
:
who
accoused
him
of
Treason
against
the
King
and
Realm
effectually
▪
but
yet
falsly
out
of
envy
;
Walsh
having
layen
with
his
wife
whiles
he
was
under
Captain
of
Cherburgh
;
as
he
afterwards
confessed
.
This
Due●
was
fought
within
the
lists
in
the
presence
of
the
King
and
Nobles
of
the
Realm
,
where
this
Navarrois
being
vanquished
by
Walsh
,
REGALI
JVDICIO
tractus
et
suspensus
est
,
quanquam
Regina
et
plures
alii
pro
eo
preces
sedulas
porrexissent
.
[
(9)
](A56189-e75110-b)
(9)
An
Exact
abridgement
,
p.
299
,
300.
In
the
2.
of
Parliament
of
7
R.
2.
n.
13.10
19.
John
Cavendish
a
Fishmonger
of
London
,
praying
Surety
of
the
peace
against
Sir
Michael
de
la
Pool
Knight
,
Lord
,
Chancellor
of
England
;
first
before
the
Commons
,
and
afterward
before
the
Lords
,
which
was
granted
:
Then
he
accused
him
BEFORE
THE
LORDS
for
bribery
and
injustice
;
and
that
he
entered
into
a
bond
of
10
l.
to
Iohn
Ottard
,
a
Clerk
to
the
said
Chancellor
,
which
he
was
to
give
for
his
good
success
in
the
business
:
in
part
of
payment
whereof
,
he
brought
Herring
and
Sturgeon
to
Ottard
,
and
yet
was
delayed
and
could
have
no
justice
at
the
Chancellors
hands
:
Upon
hearing
the
cause
,
and
examining
witnesses
upon
Oath
before
THE
LORDS
,
the
Chancellor
was
cleared
:
The
Chancellor
,
thereupon
required
reparation
for
so
great
a
slander
:
the
Lords
being
then
troubled
with
other
weighty
matters
,
let
the
Fishmonger
to
Bail
,
and
referred
the
matter
to
be
ordered
by
the
Judges
;
who
upon
hearing
the
whole
matter
,
condemned
Cavendish
in
three
thousand
marks
for
his
slanderous
complaint
against
the
said
Chancellor
,
and
adjudged
him
to
prison
till
he
had
paid
the
same
to
the
Chancellor
,
and
made
fine
and
ransom
to
the
King
also
:
which
the
Lords
confirmed
.
[
(11)
](A56189-e75320-b)
(11)
An
Exact
abridgement
,
p.
304.
In
the
Parliament
of
8
R.
2.
n.
12.
Walter
Sybell
of
London
was
arrested
and
brought
into
the
Parliament
before
the
Lords
,
at
the
sute
of
Robert
de
Veer
Earl
of
Oxford
,
for
slandering
him
to
the
Duke
of
Lancaster
,
and
other
Nobles
,
for
maintenance
:
Walter
denied
not
but
that
he
said
,
that
certain
there
named
,
recovered
against
him
the
said
Walter
,
and
that
by
maintenance
of
the
said
Earl
,
as
he
thought
.
The
Earl
there
present
protested
himself
to
be
innocent
,
and
put
himself
upon
the
trial
.
Walter
thereupon
was
committed
to
Prison
by
the
Lords
,
and
the
next
day
he
submitted
himself
,
and
desired
the
Lords
to
be
a
mean
for
him
,
saying
;
he
could
not
accuse
him
:
whereupon
THE
LORDS
CONVICTED
and
FINED
HIM
FIVE
HUNDRED
MARKS
TO
THE
SAID
EARL
;
for
the
which
,
and
for
his
fine
and
ransom
to
the
King
he
was
committed
to
prison
BY
THE
LORDS
.
A
direct
case
in
point
.
By
these
two
last
Presidents
of
the
Lords
●ining
and
imprisoning
Cavendish
and
Syber
▪
two
Commoners
in
Parliament
,
for
their
standers
and
false
accusacions
only
of
two
particular
Peers
and
Members
of
their
house
,
it
is
most
apparent
,
the
Lords
now
may
most
justly
,
not
only
imprison
,
but
likewise
fine
both
Lilburn
and
Overion
for
their
most
scandalous
Libels
▪
against
all
the
Members
just
Privileges
,
Judicatory
,
and
Authority
of
the
whole
House
of
Peers
,
which
they
have
contemned
,
vilisied
,
oppugned
,
and
libelled
against
in
the
highest
degree
,
and
most
scurrillously
abused
,
reviled
in
sundry
seditious
Pamphlets
,
to
incite
both
the
Army
and
whole
Commonalty
against
them
.
[
(11)
](A56189-e75520-b)
(11)
Henry
de
Knyghton
,
de
Eventib.
Angliae
,
l.
5.
col.
2535.
to
2577.
Walsingham
,
Hist
▪
Angl.
p.
364
,
365
,
366.
Ypodig
.
Neustr
.
p.
146
,
147.
In
the
Parliament
of
11
R.
2.
the
Duke
of
Glocester
and
other
Lords
came
to
London
with
great
forces
to
secure
themselves
,
and
remove
the
kings
ill
Counsellors
and
bring
them
to
judgement
;
whereupon
the
King
for
fear
securing
himself
in
the
Tower
of
London
,
and
refusing
to
come
to
them
at
Westminster
,
contrary
to
his
faithfull
promise
the
day
before
,
they
sent
him
this
threatning
Message
;
nisi
venire
maturaret
juxta
condictum
,
quod
eligerent
alium
sibi
Regem
qui
vellet
et
deberet
obtemperare
consiliis
Dominorum
.
Wherewith
being
terrified
▪
he
came
unto
them
the
next
day
:
Cui
dixerunt
PROCERES
,
pro
honore
suo
,
&
regni
commodo
,
oporter●●
,
ut
Proditores
,
susurrones
,
adulatores
,
et
male
fici
detractores
&
juratores
,
à
suo
Palatio
et
Comitive
etiam
eliminarentur
;
Whereupon
they
banished
sundry
Lords
,
Bishops
,
Clergy-men
,
Knights
and
Ladies
from
the
Court
,
and
imprisoned
many
other
Knights
,
Esquires
,
and
Lawyers
,
to
answer
their
offences
in
Parliament
.
The
first
man
proceeded
against
in
Parliament
,
was
the
Chief
Justice
Tresylian
,
whom
the
Lords
presently
adjudged
to
be
drawn
and
hanged
.
The
like
Iuegement
the
Lords
gave
against
Sir
Nicholas
Brambre
Knight
,
Sir
Iohn
Salisbury
,
Sir
Iames
Burw●yes
,
Iohn
Beauchamp
,
Iohn
Blakes
▪
who
were
all
drawn
and
hanged
accordingly
as
Tray●ers
one
after
another
:
and
Simon
Burly
beheaded
after
them
,
by
like
judgement
,
notwithstanding
the
Kings
,
and
Earl
of
Derbies
intercessions
for
him
to
the
Lords
.
After
their
Execution
,
Robert
Belknap●
,
John
Hol●
,
Roger
Fulthorp
,
and
William
Burgh
,
Justices
,
were
banished
by
the
Lords
sentence
,
and
their
lands
and
chattels
confiscated
,
out
of
which
they
allowed
them
only
a
small
annual
pension
to
sustain
their
lives
.
After
which
these
Judgments
against
them
were
confirmed
by
Acts
of
Attainder
,
as
you
may
read
in
the
Statutes
at
large
of
11
R.
2.
where
their
Crimes
and
Treasons
are
specified
,
in
Cokes
3
Institutes
,
c.
2.
p.
22
,
23.
and
in
Knyghton
,
Holinshed
,
Fabian
,
Speed
,
Trussel
,
with
other
Historians
.
In
the
[
(m)
](A56189-e75770-b)
(m)
Exact
abridgement
,
p.
330
,
331.
Parliament
of
13
R.
2.
n.
12.
Upon
complaint
of
the
Bishop
,
Dean
and
Chapter
of
Lincoln
against
the
Mayor
and
Bayliffs
thereof
,
for
injustice
in
keeping
them
from
their
rights
and
rents
,
by
reason
of
the
franchises
granted
them
,
which
they
abused
;
Writs
were
sent
to
the
Mayor
and
Baylifs
,
to
appear
at
a
certain
day
before
the
Lords
,
and
to
have
full
authority
from
the
whole
Comonalty
to
abide
their
determination
therein
:
At
which
day
the
Mayor
and
Bayliffs
appearing
in
proper
person
;
for
that
they
brought
not
full
power
with
them
from
the
said
Commonalty
,
they
were
an●
go●
by
the
Lords
to
be
in
contempt
,
and
so
were
the
Mayor
and
Bayliffs
of
Cambridge
,
for
the
self
same
cause
this
very
Parliment
,
n.
14.
In
the
[
(n)
](A56189-e75880-b)
(n)
Exact
abridgement
,
p.
342
,
343.
Parliament
of
15
R.
2.
n.
16.
The
Prior
of
Holland
in
Lancashire
,
complained
of
a
great
riot
done
by
Henry
Treble
,
John
Greenbo●
,
and
sundry
,
&
others
for
entring
into
the
Parsonage
of
Whitw●rke
in
Leicestershire
;
thereupon
John
de
Ellingham
,
Serjeant
at
Armes
,
by
vertue
of
a
Commission
to
him
directed
,
brought
the
said
Treble
and
Greenbow
,
the
principle
malefactors
into
the
Parliament
before
the
Lords
;
who
upon
〈◊〉
confessed
the
whole
matter
,
and
were
therefore
committed
to
the
Flea●
,
there
to
remain
at
the
Kings
pleasure
:
after
which
they
made
a
fine
in
the
Chancery
,
agreed
with
the
Prior
,
and
found
sureties
for
the
Good
behaviour
;
whereupon
they
were
dismissed
.
The
same
Parliament
,
n.
19.
Sir
Will
.
Bryan
,
was
by
the
King
with
the
assent
of
the
Lords
,
committed
prisoner
to
the
lower
during
the
Kings
will
and
pleasure
,
for
purchasing
a
Bull
from
Rome
to
the
Archbishops
of
Canterbury
and
York
,
to
excommunicate
all
such
who
had
broken
up
his
house
,
and
taken
away
divers
Letters
,
Privileges
,
and
Charters
,
which
Bull
was
adjudged
prejudicial
to
the
King
;
his
Counc●l
,
and
in
derogation
of
the
Law
.
Num.
20.
Thomas
Harding
was
committed
to
the
Fleet
by
the
King
and
Lords
assent
,
there
to
continue
during
the
Kings
pleasure
,
for
falsly
accusing
Sir
John
and
Sir
Ralph
Sutton
,
as
well
by
mouth
as
writing
,
of
a
conspiracy
,
whereof
upon
hearing
they
were
acquitted
.
And
n.
21.
John
Shadwell
of
Baghsteed
in
Sussex
,
was
likewise
committed
to
the
Fleet
by
THE
LORDS
,
there
to
remain
during
the
Kings
pleasure
,
for
misinforming
of
the
Parliament
,
that
the
Archbishop
of
Canterbury
had
excommunicated
him
and
his
neighbours
wrongfully
in
his
spiritual
Cour●
,
for
a
temporal
cause
belonging
to
the
Crown
,
and
Common
Law
,
which
was
adjudged
by
the
Lords
upon
examination
to
be
untrue
.
To
passe
by
the
accusation
of
Sir
Philip
Courtney
,
of
divers
hainous
matters
,
oppressions
,
dissensions
before
the
King
and
Lords
in
the
Parliament
of
16
R.
2.
n.
6.13
,
14.
of
which
more
anon
.
In
the
Parliament
of
17
R.
2.
n.
20
,
21.
[
(o)
](A56189-e76280-b)
(o)
Exact
abridgement
,
p.
346
,
347
,
35●
,
354
Cooks
3
Inwit
.
p.
22.
John
Duke
of
Lancastre
Steward
,
and
Thomas
Duke
of
Gloucester
Constable
of
England
complained
to
the
King
,
that
Sir
Thomas
Talbot
Knight
with
other
his
adherents
conspired
the
deaths
of
the
said
Dukes
in
divers
parts
of
Cheshire
,
as
the
same
was
confessed
and
well
known
,
and
prayed
,
That
the
Parliament
might
judge
of
the
fault
.
Whereupon
the
King
and
the
Lords
in
Parliament
(
without
the
Commons
)
adjudged
the
said
fact
to
be
open
,
and
High
Treason
.
And
thereupon
they
awarded
two
Writs
,
to
the
Sherifs
of
Yorks
and
of
Derby
,
to
take
the
body
of
the
said
Sir
Thomas
,
retornable
in
the
Kings
Bench
,
in
the
month
of
Easter
next
ensuing
:
And
open
Proclamation
was
made
in
Westminster
Hall
▪
That
upon
the
Sherifs
retorn
,
and
at
the
next
coming
in
of
the
said
Sir
Thomas
,
he
should
be
convicted
of
Treason
,
and
incurr
the
loss
and
pain
of
the
same
;
and
that
all
such
who
should
receive
him
after
the
Proclamation
,
should
receive
the
like
losse
and
pain
.
In
the
[
(p)
](A56189-e76460-b)
(p)
Exact
abridgement
,
p.
361
,
362.
Parliament
of
20
R.
2.
n.
15
,
16
,
23.
Sir
Thomas
Haxey
Clark
,
was
by
the
King
&
Lords
in
Parl.
adjudged
to
die
as
a
Traytor
,
and
to
forfeit
all
his
Lands
,
Goods
,
Chattels
,
Offices
and
Livings
,
for
exhibiting
to
the
House
of
Commons
a
scandalous
Bill
against
the
King
and
his
Court
,
for
moderating
the
outragious
expences
of
his
Court
by
Bishops
and
Ladies
,
&c.
Upon
the
Bishops
intercession
the
King
spared
his
life
,
and
delivered
him
into
the
custody
of
the
Archbishop
,
to
remain
as
his
Prisoner
.
In
the
[
(q)
](A56189-e76530-b)
(q)
Exact
abridgement
,
p.
369
,
379
,
381.
Parliament
of
21
R.
2.
n.
19
,
20.
Pl.
&
Parl.
n.
2.
to
15.
The
Lords
Appellants
appealed
Sir
Tho
Mortimer
Knight
,
of
High
Treason
,
for
raising
war
against
the
King
,
accroaching
royal
power
,
and
purposing
to
surrender
his
homage
and
allegiance
,
and
depose
the
King
:
Who
flying
into
the
parts
of
Ireland
;
thereupon
the
Lords
in
Parliament
assigned
him
a
certain
day
to
come
and
render
himself
to
the
Law
,
or
else
to
be
adjudged
and
proceeded
against
as
a
Traytor
:
and
Proclamation
thereof
was
made
accordingly
in
England
and
Ireland
,
to
render
himself
within
3
months
:
And
that
after
that
time
all
his
Abettors
and
Aiders
should
be
reputed
for
,
and
forfeit
as
Traytors
.
He
not
coming
at
the
day
,
The
Duke
of
Lancaster
Steward
of
England
,
by
assent
of
the
Lords
in
Parliament
,
adjudged
him
a
Traytor
;
and
that
he
should
forfeit
all
his
Lands
in
fee
and
see
tayl
,
together
with
all
his
Goods
and
Chattels
.
The
like
Judgement
in
like
manner
was
in
the
same
Parliament
given
against
Sir
John
Cobham
Knight
,
for
the
like
Treason
,
Placit
.
Coronaen
.
16.
On
the
22
day
of
March
,
22
R.
2.
n.
27.
[
*
](A56189-e76720-b)
*
Exact
Col.
p.
381.
The
King
,
by
assent
of
the
Lords
,
adjudged
Sir
Robert
Plesington
,
Knight
,
then
dead
,
a
Traytor
,
for
levying
war
against
him
with
the
Duke
of
Glocester
at
Harrengary
;
for
which
he
should
lose
all
his
Lands
in
fee
,
or
fee
tayl
,
and
all
his
goods
.
And
n.
28.
Henry
Bowht
Clerk
,
for
being
of
Counsel
with
the
Duke
of
Hereford
in
his
device
,
was
adjudged
by
the
King
and
Lords
to
die
,
and
forfeit
as
a
Traytor
;
after
which
his
life
was
pardoned
and
he
banished
.
In
the
Parliament
of
1
H.
4.
n.
79.
As
the
[
*
](A56189-e76840-b)
*
See
here
,
p.
196
,
197.
Commons
acknowledged
,
that
the
Iudgements
in
Parliament
had
always
of
right
belonged
to
the
King
and
Lords
,
and
not
unto
the
Commons
:
So
therein
the
King
and
Lords
alone
,
without
the
Commons
,
gave
Judgement
in
sundry
cases
,
as
Judges
in
Parliament
.
1.
In
Sir
Thomas
Haxey
his
case
,
a
nostre
tresedoute
seigniour
le
ROY
,
&
a
LES
SEIGNIORS
DU
PARLIAMENT
,
shewing
,
that
in
the
last
Parliament
of
21
R.
2.
that
he
delivered
a
Bill
to
the
Commons
of
the
said
Parliament
for
the
honour
and
profit
of
the
said
King
,
and
of
all
the
Realm
;
for
which
Bill
,
at
the
will
of
the
King
,
he
was
(
by
the
King
and
Lords
)
adjudged
a
Traytor
,
and
to
forfeit
all
that
he
had
;
praying
that
the
record
of
the
said
Judgement
,
with
the
dependants
thereupon
might
be
vacated
and
nulled
by
them
in
this
present
Parliament
as
erronious
;
and
that
he
might
be
restored
to
all
his
degrees
,
farms
,
estate
,
goods
,
chattels
,
ferms
,
pensions
,
lands
,
tenements
,
rents
,
offices
,
advow
sons
and
possessions
whatsoever
,
and
their
appurt
.
and
enjoy
them
to
him
and
his
heirs
;
notwithstanding
the
said
Iudgement
,
or
any
grant
made
of
them
by
the
King
.
[
*
](A56189-e76960-b)
*
1
H.
4.
n.
104.
The
Commons
House
exhibited
a
Petition
likewise
on
his
behalf
,
to
the
like
effect
;
adding
,
that
this
judgement
given
against
him
,
for
delivering
this
Bill
to
the
Commons
in
Parliament
,
was
eneontre
droit
,
et
la
course
quel
avoit
estre
use
devant
in
Parlement
en
anientesment
des
Customs
,
de●
le●
Communes
.
Upon
which
Petitions
;
Nostre
Seignior
le
ROY
,
de
Induis
&
assent
des
touz
les
Seigniors
esperituelz
et
temporelz
ad
ordinez
et
adjudges
,
que
le
dit
juggement
renus
vers
le
dit
Thomas
in
Parlement
soit
de
tout
casses
,
revorses
,
repellez
et
adnullez
,
et
tenus
pur
nul
force
n'effect
,
et
que
le
dit
Thomas
soit
restitut
a
ses
nom
et
fame
,
&c.
nient
obstant
mesme
le
juggement
.
2ly
.
In
the
case
of
Judge
Rickhill
1
H·
4.
n.
92.
On
the
18
of
November
,
the
Commons
prayed
the
King
that
Sir
William
Rickhill
late
Just.
of
the
Common
Bench
,
arrested
for
a
Confession
he
had
taken
of
the
Duke
of
Gloucester
at
Calice
,
might
be
brought
to
answer
for
it
devant
les
Seigniors
du
Parlement
:
whereupon
he
was
brought
into
Parliament
before
the
Kings
presence
,
and
all
the
Lords
spiritual
and
temporal
,
and
Commons
assembled
in
Parliament
,
where
Sir
Walter
Clapton
Chief
Justice
of
the
Kings
Bench
,
by
the
kings
command
,
examined
the
said
Sir
William
,
how
and
by
what
warrant
he
went
to
Calice
,
to
the
said
Duke
of
Glocester
,
and
upon
what
message
?
Who
answered
,
that
king
Richard
sent
him
a
special
Writ
into
Kent
(
there
recited
verbatim
)
commanding
him
by
the
faith
and
allegiance
whereby
he
was
obliged
to
him
,
and
under
pain
of
forfeiting
all
he
had
,
to
goe
unto
Caleys
.
And
that
at
Dover
he
received
a
Commission
from
the
said
king
by
the
hand
of
the
Earl
Marshal
,
to
confer
with
the
Duke
of
Glocester
,
and
to
hear
whatsoever
he
would
say
or
declare
unto
him
,
and
to
certifie
the
king
thereof
in
proper
person
,
wherever
he
should
be
,
fully
and
distinctly
under
his
Seal
.
Whereupon
he
went
thither
,
and
took
the
said
Dukes
Examination
in
writing
,
according
to
the
purport
of
the
said
Commission
,
a
Copy
whereof
the
Duke
himself
received
,
&c
:
Upon
the
hearing
of
his
answer
and
defence
,
every
temporal
Lord
being
in
full
Parliament
examined
touching
the
answer
of
the
said
Sir
William
,
and
the
matters
and
evidences
which
they
had
examined
,
said
severally
;
that
the
said
William
had
done
his
message
well
and
legally
,
and
that
in
the
person
of
the
said
William
there
was
no
fault
nor
evil
touching
the
said
message
,
nor
any
thing
that
he
did
to
the
person
of
the
said
Duke
.
Whereupon
Walter
Clapton
Chief
Justice
of
the
Kings
Bench
,
by
command
of
the
king
adjudged
and
declared
,
that
the
said
William
should
be
fully
excused
and
acquitted
for
ever
in
time
to
come
touching
this
matter
.
3ly
.
The
[
*
](A56189-e77360-b)
*
1
H.
4.
rot.
Parl.
n.
93.
last
day
of
this
Parliament
,
it
was
agreed
by
the
King
and
Lords
,
that
all
the
remembrances
called
Raggemans
or
Blant●es
Charters
,
lately
sealed
in
the
City
of
London
,
and
divers
Counties
,
Cities
and
Burroughs
of
England
,
should
be
sent
to
the
City
of
London
;
and
from
every
County
,
City
and
Burrough
from
whence
they
came
,
and
Writs
sent
to
every
of
them
rehearsing
,
That
the
king
held
all
the
resiants
and
Inhabitants
in
them
for
his
good
and
loyal
Subjects
;
and
that
no
confession
by
them
made
,
comprised
in
the
said
remembrances
,
are
nor
shall
be
in
derogation
of
the
estate
of
any
such
person
:
and
that
the
same
remembrances
shall
be
burnt
and
destroyed
in
the
most
open
place
of
the
said
Counties
,
Cities
and
Burroughs
,
and
if
any
thing
remain
of
record
in
any
Court
,
or
place
,
the
king
wills
that
it
shall
be
cancelled
,
and
totally
adnulled
,
revoked
and
repealed
,
and
held
for
no
record
;
and
of
no
force
nor
value
for
time
to
come
.
4ly
.
The
19th
.
of
November
in
the
said
Parliament
,
Placita
Coronae
coram
Domino
Rege
in
Parliamento
suo
,
&c.
Anno
regni
Regis
Henrici
quarti
post
Conquestum
,
primo
n.
17.
The
Commons
prayed
she
King
,
that
rhe
pursute
,
arrest
,
and
judgements
made
against
Sir
William
le
Scrop●
knight
,
Henry
Green
knight
,
and
John
Bassy
knight
,
might
be
affirmed
and
held
good
.
Whereupon
Sir
Richard
Scroop
humbly
prayed
the
King
,
that
nothing
which
should
be
done
in
this
Parliament
might
turn
to
his
or
his
Childrens
dis-inherison
.
Of
which
Sir
Richard
it
was
demanded
,
whether
the
said
pursute
,
arrest
and
judgements
were
good
or
not
?
who
answered
,
that
he
feared
not
to
say
,
and
must
confesse
,
that
when
they
were
made
th●y
were
good
and
profitable
for
the
King
and
Realm
,
and
that
his
Son
was
one
of
them
,
for
which
he
was
very
sorrowfull
.
Whereupon
the
king
rehearsed
,
that
he
claimed
the
Realm
and
Crown
of
England
,
with
all
their
members
and
appurietenances
,
as
heir
of
the
bloud
by
the
right
line
of
king
Henry
the
3d.
and
although
through
the
right
which
God
had
sent
him
,
by
the
aid
of
his
Parents
and
friends
,
he
recovered
the
said
Realm
,
which
was
at
the
point
to
be
undone
by
default
of
government
,
and
defesance
of
the
Laws
and
customs
of
the
Realm
,
yet
it
was
not
his
will
that
any
should
think
,
that
by
way
of
Conquest
,
he
would
disinherit
any
man
of
his
heritage
,
franchise
,
or
other
right
which
he
ought
to
have
,
nor
out
any
man
of
that
which
he
had
,
or
should
have
by
the
good
Laws
or
Customs
of
the
Realm
,
except
these
who
had
been
against
the
good
purpose
and
common
profit
of
the
Realm
;
of
which
only
the
King
held
the
said
Sir
William
,
Henry
,
and
John
for
such
,
and
guilty
of
all
the
evil
which
had
come
upon
the
Realm
:
and
therefore
he
would
have
and
hold
all
the
Lands
and
Tenements
they
had
within
the
Realm
of
England
,
or
elsewhere
,
by
conquest
:
Whereupon
,
fuist
demande
de
touts
les
Seigniors
temporellez
lour
advys
de
les
pursuite
,
arreste
,
&
juggem
〈◊〉
sui●di●z
.
Les
queux
Seigniors
touz
de
●ne
accorde
disorent
,
que
mesmes
les
pursuite
,
arreste
,
juggement
&
quin●que
fuist
fait
come
defuist
dit
uist
bons
,
et
les
affirmente
Piur
bons
et
profitables
.
5ly
.
In
the
case
of
[
*
](A56189-e77710-b)
*
Exact
abridgement
,
p.
400
,
401.
John
Hall
,
1
H.
4.
Placita
Coronae
,
n.
11
to
17.
who
being
in
custody
of
the
Marshal
of
Englana
,
was
brought
by
him
before
the
Lords
in
Parliament
,
and
there
charged
before
them
by
Walter
Clapton
,
Lord
Chief
Justice
,
by
the
King
command
,
with
having
a
hand
in
the
murther
of
the
Duke
of
Glocester
,
who
was
smothered
to
death
with
a
Featherbed
at
Calues
by
king
Richard
the
seconds
command
;
the
whole
transaction
whereof
he
confessed
at
large
,
and
put
in
writing
before
James
Billingford
.
Clerk
of
the
Crown
,
which
was
read
before
the
Lords
;
upon
reading
thereof
,
the
King
and
all
the
temporal
Lords
in
Parliament
resolved
,
that
the
said
John
Hall
,
by
his
own
confession
,
deserved
to
have
as
hard
a
death
as
they
could
adjudge
him
to
,
because
the
Duke
of
Glocester
was
so
high
a
Person
;
and
thereupon
toutes
les
Seigneiors
temporelz
per
assent
du
Roy
adjuggerent
,
all
the
temporal
Lords
by
assent
of
the
King
ADJVDGED
,
that
the
said
Jo.
Hall
should
be
drawn
from
Tower
hill
unto
the
Gallows
at
Tiburn
,
and
there
bowelled
,
and
his
bowels
laid
before
him
;
and
after
he
should
be
hanged
,
beheaded
,
and
quartered
,
and
his
head
sent
to
Calice
where
the
murther
was
committed
,
and
his
quarters
sent
to
other
places
where
the
king
should
please
;
and
thereupon
command
was
given
to
the
Marshal
of
England
to
make
execution
accordingly
,
and
it
was
so
done
the
same
day
.
Lo
here
the
Lords
in
Parliament
gave
judgement
against
a
Commoner
in
case
of
a
murther
done
at
Calice
,
(
and
so
not
●riable
in
the
Kings
Bench
,
but
in
Parliament
)
and
passe
a
Judgement
of
High
Treason
on
him
,
for
murthering
of
a
great
Peer
only
.
In
the
Parliament
of
2
H.
4.
rot.
Parl.
n.
23
,
24.
The
Commons
shewed
to
the
King
,
that
[
*
](A56189-e77990-b)
*
See
this
case
abridg'd
in
an
exact
abridgement
,
p.
406.
William
Bagot
had
been
impeached
of
many
horrible
deeds
and
misprisions
,
the
which
if
they
had
been
true
,
the
Commons
supposed
,
the
the
King
aad
ths
Lords
would
have
had
good
notice
thereof
,
for
that
they
had
made
many
examinations
thereof
whiles
the
said
William
was
in
distress
.
And
therefore
the
said
Commons
prayed
the
King
,
that
the
said
Sir
William
being
in
Flanders
and
no
offence
found
in
his
person
,
upon
the
slanders
in
his
impeachment
aforesaid
;
that
he
would
be
pleased
to
restore
him
to
his
lands
:
To
which
prayer
was
answered
in
the
Kings
behalf
,
that
although
the
said
Sir
William
upon
the
said
impeachment
made
the
last
Parliament
,
was
put
to
his
answer
before
the
King
and
the
Lords
,
and
there
pleaded
a
general
Charter
of
pardon
,
against
which
Charter
,
it
seemed
to
all
the
Lords
then
present
,
that
the
said
Sir
William
ought
not
to
be
impeached
nor
put
to
answer
by
the
King
,
on
his
part
;
for
that
the
said
Sir
William
was
not
attainted
of
any
impeachment
suggested
against
him
,
and
that
the
King
had
done
him
justice
in
this
behalf
;
therefore
he
would
in
the
same
manner
doe
him
justice
in
the
residue
at
the
Commons
request
.
A
most
full
proof
of
the
Kings
and
Lords
judicial
power
in
Parliaments
,
even
in
case
of
a
Commoner
.
The
same
Parliament
,
[
(z)
](A56189-e78130-b)
(z)
Fox
Acts
&
Monum
.
Vol.
1.
p.
875.
Fitz.
Natur.
Brev.
f.
269.
my
Sword
of
Christian
Magistracy
supported
,
p.
55
,
56.
An
Exact
abridgement
,
p.
407.
2.
H.
4.
num.
29.
William
Sautre
,
being
condemned
of
Heresie
in
the
Convocation
by
Archbishop
Arundel
and
the
Clergy
,
thereupon
by
order
and
advice
of
the
Temporal
Lords
,
without
the
Prelates
,
(
who
must
not
have
their
hands
in
blood
,
though
they
gave
the
Sentence
,
that
he
should
be
burned
)
or
the
Commons
;
there
issued
out
a
Writ
to
the
Sherifs
of
London
,
for
the
burning
of
Sautre
as
an
Heretick
,
accordingly
burnt
thereon
,
being
the
first
writ
of
this
Nature
;
issued
by
the
Lords
alone
in
the
Kings
name
,
before
the
Statute
of
Heresie
was
made
and
passed
in
this
Parliament
.
In
the
same
[
(a)
](A56189-e78220-b)
(a)
An
Exact
abridgement
,
p.
407.
Parliament
of
2
H.
4.
n.
30.
The
Temporal
Lords
,
by
assent
of
the
King
,
adjudged
and
declared
Sir
Ralph
Lumly
Knight
and
others
Traytors
,
for
levying
war
in
sundry
parts
to
destroy
the
K.
&
his
people
;
and
that
they
should
forfeit
all
their
lands
in
fee
,
goods
and
chattels
,
though
they
were
[
(b)
](A56189-e78290-b)
(b)
Walsingh
.
Hist.
Angl.
p.
404
,
405.
slain
in
the
field
,
&
not
arraigned
nor
indicted
by
reason
thereof
.
In
the
[
(c)
](A56189-e78310-b)
(c)
An
Exact
abridgment
p.
407.
Parliament
of
4
H.
4.
n.
19
,
20
,
21.
Sir
Philip
Courtney
being
complained
against
and
convicted
of
a
forcible
entry
into
Lands
,
and
for
a
forcible
imprisonment
of
the
Abbot
of
M●nthaem
in
Devonshire
,
and
two
of
his
Monks
,
was
upon
hearing
and
examination
adjudged
by
the
King
and
Lords
,
to
be
bound
to
his
good
behaviour
,
and
for
his
contempt
committed
to
the
Tower
of
London
prisoner
.
[
(c)
](A56189-e78400-b)
(c)
Walsingham
Hist.
p●
409
,
410
,
411.
See
Holinshed
Grafton
,
Speed
.
Anno
1403.
Henry
Percy
the
younger
,
confederating
with
Thomas
Percy
Earl
of
Worcester
,
to
raise
forces
●nd
rebel
against
the
King
,
sent
Letters
to
the
people
of
every
County
,
propositum
quod
assumpserant
,
non
esse
contra
suam
ligeantiam
,
et
fidelit
tem
quam
regi
fecerant
,
nec
ab
aliunde
exercitum
congregasse
,
nisi
pro
salvatione
personarum
suarum
,
&
reipublicae
meliori
guvernatione
,
Quia
census
et
Tallagia
Regi
concessa
,
pro
salva
regni
custodia
,
covertebantur
(
ut
dixerunt
)
in
usus
indebitos
,
et
inutiliter
consumebantur
:
praeterea
querebantur
,
quod
propter
aemulorum
dilationes
pessimas
,
rex
eis
insensus
fuerat
,
ut
non
auderent
personaliter
venire
ad
ejus
praesentiaem
,
donec
Praelati
,
regnique
Barones
regi
supplicassent
pro
eisdem
,
ut
coram
Rege
permitterentur
declarare
suam
innocentiam
,
&
per
Pares
suos
legaliter
justificari
.
Plures
igitur
visis
his
literis
collaudabant
tantum
virorum
solertiam
,
&
extollebant
fidem
quam
erga
Rempublicam
praetendebant
.
Having
raised
great
forces
against
the
King
by
this
means
;
which
the
kings
forces
encountred
at
Shrewsbury
in
a
pitched
battel
;
Henry
Percy
and
sundry
of
his
adherents
were
there
slain
in
the
field
,
and
the
rest
routed
;
For
which
levying
of
war
in
the
[
(e)
](A56189-e78480-b)
(e)
An
Exact
abridgment
,
p.
426
,
427.
Parliament
of
of
5
H.
4.
n.
15.
the
said
Henry
Percy
and
his
Co●federa●es
were
declared
and
adjudged
Traytors
by
the
King
and
Lords
in
full
Parliament
;
and
their
Lands
,
goods
and
cha●tels
confiscated
.
In
the
same
Parliament
,
n.
18.
At
the
Petition
of
the
Commons
,
The
Lords
●en●ed
and
ordered
,
that
the
Kings
Confessor
,
the
Abbot
of
Dore
,
Mr
,
Richard
Durham
,
and
Crosby
of
the
Chamber
,
should
be
removed
out
of
the
Kings
house
and
Court
;
whereupon
3.
of
them
appearing
before
the
King
and
Lords
in
Parliament
;
the
King
though
he
excused
them
,
yet
charged
them
to
depart
from
his
house
,
for
that
they
were
hated
of
the
people
.
In
the
[
(f)
](A56189-e78590-b)
(f)
An
Exact
abridgment
,
p.
479.
Parliament
of
13
H.
4.
n.
12
,
13.
The
Lord
Roos
complained
against
Robert
Thirwit
one
of
the
Justices
of
the
Kings
Bench
,
for
withholding
from
him
,
and
his
Tenants
Common
of
Pasture
and
Turb●ry
in
Warbie
in
Lincolnshire
,
and
lying
in
wait
with
500
men
for
the
Lord
Roos
.
Thirwit
before
the
King
and
Lords
confessed
his
fault
,
and
submitted
himself
to
their
Order
,
who
appointed
3.
Lords
to
end
the
difference
;
who
made
an
award
between
them
,
that
Thirwit
shou●d
confess
his
fault
to
the
Lord
Roos
,
crave
his
pardon
,
and
tender
him
amends
.
In
the
[
(g)
](A56189-e78700-b)
(g)
An
Exact
abridgment
,
p.
553
,
554.
Wa●singham
,
Ypodig
.
p.
181
to
184.
Fox
Acts
&
Mon.
Vol.
1.
p.
726.
to
772.
Parliament
of
5
H.
5.
n.
11.
Sir
John
Oldcastle
knight
,
being
outlawed
of
Treason
in
the
Kings
bench
,
and
excommunicated
before
the
Archbishop
of
Canterbury
for
Heresie
,
was
brought
before
THE
LORDS
,
and
having
heard
his
conviction
,
made
no
answer
nor
excuse
thereto
.
Upon
which
Record
and
Process
THE
LORDS
ADJUDGED
,
that
he
should
be
taken
as
a
Traytor
to
the
King
and
Realm
,
carried
to
the
Tower
of
London
,
from
thence
drawn
through
the
City
to
the
new
Gallows
in
St.
Gyles
without
Temple-barr
,
and
there
hanged
and
burned
hanging
:
which
was
accordingly
executed
.
[
(h)
](A56189-e78800-b)
(h)
An
Exact
abridgment
,
p.
568.
Sir
Iohn
Mortymer
knight
,
being
committed
to
the
Tower
upon
supposition
of
Treason
done
against
King
Henry
the
5.
in
the
1.
year
of
H.
6.
brake
out
of
the
Tower
;
for
which
breach
he
was
indicted
of
Treason
:
being
afterwards
apprehended
,
he
was
brought
into
the
Parliament
of
2
H.
6.
n.
18.
and
upon
the
same
Indictment
,
then
confirmed
by
assent
of
Parliament
,
JUDGEMENT
was
given
against
him
BY
THE
LORDS
,
that
he
should
be
carried
to
the
Tower
,
drawn
through
London
to
Tiburn
,
there
to
be
hanged
,
drawn
and
quartered
,
his
head
to
be
set
on
London-bridge
,
and
his
four
quarters
on
the
four
Gates
of
London
.
In
the
[
(i)
](A56189-e78920-b)
(i)
An
Exact
abridgment
,
p.
662
,
663
,
670
,
671
,
677
,
679.
Parliament
▪
of
38
H.
6.
n.
20
,
2●
,
22.
Sir
William
Oldham
knight
,
and
Thomas
Vaughan
Esquire
,
were
attainted
of
Treason
by
the
LORDS
and
in
the
Parliaments
of
1
E.
4.
n.
19.
to
31.
4
E.
4.
n.
28.
to
38.
●4
E.
4.
n.
34.
to
40.
sundry
Knights
,
Esquires
,
Citizens
and
Commoners
are
attainted
of
Treason
by
the
Lords
for
levying
warr
,
and
holding
forts
against
the
King
,
then
after
by
Bill
whose
names
are
overtedious
to
reherse
;
which
you
may
peruse
at
leisure
in
the
Exact
Abridgement
of
the
Records
in
the
Tower
.
To
omit
all
other
presidents
of
this
Nature
in
the
reigns
of
King
H.
7.8
.
Ed.
6.
Qu.
Mary
,
and
Qu.
Elizabeth
,
of
Commoners
censured
in
and
by
the
Lords
house
in
Criminal
causes
,
upon
impeachments
,
complaints
,
petitions
,
which
those
who
please
may
find
recorded
in
the
Journals
of
the
Lords
house
;
I
shall
recite
only
some
few
Presidents
more
of
late
and
present
times
.
[
(k)
](A56189-e79080-b)
(k)
Cooks
4
Inst●
.
p.
23.
In
the
Parliaments
of
18.
&
21
Iacobi
,
Sir
Giles
Mompesson
,
and
Sir
Iohn
Michel
,
upon
complaints
and
impeachments
by
the
Commons
for
promoting
Monopoli●s
,
Corruption
,
and
other
Misdemeanors
,
were
fined
,
imprisoned
by
Judgement
of
the
Lords
House
,
and
Sir
Giles
degraded
of
his
knighthood
.
In
the
Parliament
of
3.
Carol●
,
the
Commons
impeached
Roger
Manwaring
,
Dr.
of
Divinity
;
for
preaching
and
printing
Seditious
and
dangerous
Sermons
;
and
sent
up
this
Declaration
against
him
to
the
Lords
.
June
14.
1628.
For
the
more
effectual
prevention
of
the
apparent
ruine
and
destruction
of
this
kingdom
(
which
must
necessarily
ensue
,
if
the
good
and
fundamental
Laws
and
customs
therein
established
should
be
brought
into
contempt
and
violated
,
and
that
form
of
government
thereby
altered
,
by
which
it
hath
been
so
long
maintained
in
peace
and
happiness
:
)
And
to
the
honour
of
our
Soveraign
Lord
the
King
,
and
for
the
preservation
of
his
Crown
and
Dignity
,
the
Commons
in
this
present
Parliament
assembled
,
do
by
this
their
Bill
shew
,
and
declare
against
Roger
Manwaring
Clerk
,
Dr.
in
Divinity
,
that
whereas
by
the
Laws
and
Statutes
of
this
Realm
,
the
Free
Subjects
of
England
doe
undoubtedly
inherit
this
right
and
liberty
,
not
to
be
compelled
to
contribute
to
any
tax
,
tallage
,
aid
,
or
to
make
any
Loans
,
not
set
or
imposed
by
common
consent
by
Act
of
Parliament
,
and
divers
of
his
Majesties
loving
Subjects
relying
upon
the
said
Laws
and
Customs
,
did
in
all
humility
refuse
to
lend
such
sums
of
mony
,
as
without
authority
of
Parliament
were
lately
required
of
them
.
Nevertheless
he
the
said
Roger
Manwaring
in
contempt
,
and
contrary
to
the
Laws
of
this
Realm
,
hath
lately
preached
in
his
Majesties
presence
two
several
Sermons
:
That
is
,
the
4.
day
of
July
last
,
one
of
the
said
Sermons
,
and
upon
the
29.
day
of
the
same
moneth
the
other
of
the
same
Sermons
:
Both
which
Sermons
he
hath
since
published
in
print
,
in
a
Book
entituled
,
Religion
and
Allegeance
;
and
with
a
wicked
and
malicious
intention
to
seduce
and
misguide
the
conscience
of
the
Kings
most
excellent
Majesty
,
touching
the
observation
of
the
Laws
and
Customs
of
this
kingdom
,
and
of
the
rights
and
liberties
of
the
Subjects
,
to
incense
his
royal
displeasure
against
his
good
Subjects
so
refusing
,
to
subvert
,
scandalize
,
and
impeach
the
good
Laws
and
Government
of
this
Realm
,
and
the
Authority
of
the
High
Court
of
Parliament
,
to
avert
his
Majesties
mind
from
calling
of
Parliaments
,
to
alienate
his
royal
heart
from
his
people
,
and
to
cause
jealousies
,
sedition
and
division
in
the
kingdom
:
He
the
said
Roger
Manwaring
doth
in
the
said
Sermons
,
and
book
perswade
the
kings
most
excellent
Majesty
.
First
,
That
his
Majesty
is
not
bound
to
keep
and
observe
the
good
Laws
and
Customs
of
the
Realm
,
concerning
the
rights
and
liberties
of
the
Subjects
aforementioned
,
and
this
his
royal
will
and
command
in
imposing
loans
,
taxes
,
and
other
aids
upon
his
people
,
without
common
consent
in
Parliament
,
doth
so
far
bind
the
Subjects
of
this
Realm
,
that
they
cannot
refuse
the
same
without
peril
of
eternal
damnation
.
Secondly
,
That
those
his
Majesties
loving
Subjects
,
which
refused
the
loan
aforementioned
,
in
such
manner
as
is
before
recited
,
did
therein
offend
the
Law
of
God
,
against
his
Majesties
supream
authority
,
and
by
so
doing
became
guilty
of
impiety
,
disloyalt●e
,
rebellion
,
and
dis-obedience
,
and
lyable
to
many
other
taxes
and
censures
,
which
he
in
the
several
parts
of
his
book
doth
most
fasly
and
malitiously
lay
upon
them
.
Thirdly
,
That
authority
of
Parliament
is
not
necessary
for
raising
of
aids
and
subsidies
,
that
the
slow
proceedings
of
such
assemblies
are
not
fit
for
the
supply
of
the
urgent
necessities
of
the
estate
;
but
rather
apt
to
produce
sundry
impedimen●s
to
the
just
designs
of
Princes
;
and
to
give
them
occasion
of
displeasure
and
discontent
.
All
which
the
Commons
are
ready
to
prove
,
not
only
by
the
general
scope
of
the
same
Sermons
,
and
books
,
but
likewise
by
several
clauses
,
aspersions
and
sentences
therein
contained
,
and
that
he
the
said
Roger
Manwaring
by
preaching
and
publishing
the
Sermons
and
book
aforementioned
,
did
most
unlawfully
abuse
his
holy
function
instituted
by
God
in
his
Church
,
for
the
guiding
of
the
consciences
of
all
his
servants
,
and
chiefly
of
soveraign
Princes
and
Magistrates
,
and
for
the
maintenance
of
peace
and
concord
betwixt
all
men
,
especially
between
the
King
and
his
People
,
and
hath
thereby
most
grievously
offended
against
the
Crown
and
dignity
of
his
Majesty
,
and
against
the
prosperity
,
and
good
government
of
this
estate
,
and
Commonwealth
.
And
the
said
Commons
by
protestation
saving
to
themselves
the
liberty
of
exhibiting
of
any
other
accusation
,
at
any
time
hereafter
▪
or
impeachment
againg
the
said
Roger
Manwaring
,
and
also
of
replying
to
the
answers
,
which
he
said
Roger
shall
make
unto
any
of
the
matters
contained
in
this
present
bill
of
complaint
,
and
of
offering
further
proof
of
the
premises
,
or
of
any
of
them
,
as
the
cause
(
according
to
the
course
of
the
Parliament
shall
require
)
Do
pray
,
that
the
said
Roger
Manwaring
m●y
be
put
to
answer
to
all
and
every
the
premisses
,
and
that
such
proceeding
,
examinat●on
,
trial
,
judgement
,
and
exemplary
punishment
may
be
thereupon
had
and
executed
,
as
is
agreeable
to
Law
and
Justice
.
On
June
the
14
,
1628.
the
Lords
sending
a
message
to
the
House
of
Commons
,
that
they
were
ready
to
give
judgement
against
Manwaring
,
if
the
House
of
Commons
would
demand
it
.
Thereupon
they
went
with
the
Speaker
up
to
the
Lords
House
,
having
agreed
he
should
demand
judgement
in
these
words
,
which
he
then
used
at
the
Lords
Bar
:
The
Knights
,
Citizens
and
Burgesses
of
the
House
of
Commons
have
impeached
Roger
Manwaring
of
sundry
misdemeanors
,
and
your
Lordships
having
taken
consideration
thereof
,
they
doe
now
by
me
their
Speaker
demand
judgement
against
them
,
Which
upon
reading
his
impeachment
,
and
full
proof
thereof
out
of
his
Sermons
,
in
his
presence
,
was
done
accordingly
.
The
Judgement
was
given
and
pronounced
by
the
Lord
Keeper
,
all
the
LORDS
being
in
their
Robes
,
and
Manwaring
at
the
Bar
,
it
was
delivered
in
these
words
.
Whereas
Roger
Manwaring
Doctor
in
Divinity
hath
been
impeached
by
the
House
of
Commons
for
misdemeanors
of
a
high
nature
in
preaching
two
Sermons
before
his
Majestie
in
Summer
,
which
since
are
published
,
in
print
,
in
a
Book
intituled
Religion
and
Allegiance
;
and
in
another
Sermon
preached
in
the
Parish
of
St.
Giles
in
the
Fields
the
4th
.
of
May
last
:
And
their
Lordships
have
considered
of
the
said
Manwarings
answer
thereunto
,
expressed
with
tears
and
grief
for
his
offence
,
most
humbly
craving
pardon
therefore
of
the
Lords
and
Commons
;
yet
neverthelesse
,
for
that
it
can
be
no
satisfaction
for
the
great
offence
wherewith
he
is
charged
by
the
said
Declaration
,
which
doth
evidently
appear
in
the
very
words
of
the
said
Sermons
,
their
Lordships
have
proceeded
to
judgement
against
him
,
and
therfore
this
High
Court
doth
adjudge
,
"
First
,
That
Dr.
Manwaring
shall
be
imprisoned
during
"
the
pleasure
of
the
House
.
"
2ly
.
That
he
de
fined
at
1000
l.
to
the
King
.
3ly
.
That
he
shall
make
such
submission
and
acknowledgement
of
his
offences
,
as
shall
be
set
down
by
a
Committee
in
writing
,
both
at
the
Bar
,
and
in
the
House
of
Commons
.
4ly
.
That
he
shall
be
suspended
for
the
time
of
3
years
from
the
exercise
of
the
Ministery
,
and
in
the
mean
time
a
sufficient
preaching
Minister
shall
be
provided
out
of
his
living
,
to
serve
the
Cure
;
this
suspension
and
this
provision
of
a
preaching
Minister
shall
be
done
by
the
Ecclesiastical
Jurisdiction
.
"
5ly
.
That
he
shall
be
for
ever
disabled
to
preach
at
the
"
Court
hereafter
.
"
6ly
.
That
he
shall
be
hereafter
disabled
to
have
any
"
Ecclesiastical
dignity
,
or
secular
Office
.
7ly
.
That
his
said
Book
is
worthy
to
be
burnt
;
and
that
for
the
better
effecting
of
this
,
his
Majesty
may
be
moved
to
grant
a
Proclamation
to
call
in
the
said
Books
,
that
they
may
be
all
burnt
accordingly
in
London
,
and
both
Universities
,
and
for
the
inhibiting
the
permitting
therof
,
upon
a
great
penalty
.
Here
we
have
a
most
direct
president
,
where
the
whole
House
of
Commons
by
their
Speaker
acknowledge
the
right
of
judicature
in
the
case
of
a
Commoner
to
be
only
and
wholly
in
the
Lords
,
even
in
a
criminal
cause
,
and
thereupon
pray
the
Lords
to
give
judgement
against
him
upon
their
Impeachment
,
which
they
did
accordingly
in
their
robes
,
as
Judges
,
by
the
mouth
of
the
Lord
Keeper
their
Speaker
.
In
this
very
[
(l)
](A56189-e79880-b)
(l)
See
the
Lords
and
Commons
Journals
,
Diurnal
Occurrences
,
p.
15
,
16.19
,
39
,
191
,
to
264.
Mr.
St.
Johns
Speech
and
Declaration
against
them
at
a
conference
of
both
Houses
.
The
Speeches
of
Mr.
Hide
,
Mr.
Waller
,
Mr.
Perpoint
,
Mr.
Hollis
at
their
impeachments
.
The
1
part
of
my
legal
and
historical
Vindication
,
&c.
p.
36
▪
37.
Parliament
now
sitting
,
Decemb.
21.
Jan.
14.
Febr.
11.
1640.
and
July
6.
1641.
The
Commons
House
by
their
Members
impeached
Sir
John
Bramston
Chief
Justice
of
the
Kings
Bench
,
Sir
John
Finch
Chief
Justice
of
the
Common
Pleas
,
Sir
Humphry
Davenport
Chief
Baron
,
Judge
Berkly
,
Judge
Crawly
,
Baron
Weston
,
and
Baron
Trever
of
high
Treason
,
and
other
misdemeanors
;
for
that
they
had
trayterously
and
wickedly
endeavoured
to
subvert
the
fundamental
Laws
and
established
Government
of
the
Realm
of
England
,
and
instead
thereof
to
introduce
an
arbitrary
and
tyrannical
Government
against
Law
,
which
they
had
declared
by
trayterous
words
,
opinions
,
and
judgement
,
in
the
point
of
SHIP
MONY
by
their
subscriptions
,
and
judgement
given
against
them
in
the
case
of
Mr.
Hamden
in
the
Exchequer
Chamber
;
Which
Impeachments
they
transmitted
to
the
Lords
House
,
praying
THE
LORDS
to
put
them
to
answer
the
premises
;
and
upon
their
examinations
and
trial
to
give
such
judgement
upon
every
of
them
as
is
agreeable
to
Law
and
Justice
.
To
avoid
which
judgement
Sir
John
Finch
fled
the
Realm
,
and
the
rest
of
them
made
fines
and
compositions
to
the
publike
,
and
were
most
of
them
removed
from
their
Judges
places
.
After
this
,
the
Lords
themselves
,
as
Judges
in
Parliament
passed
several
judgements
and
censures
against
.
Dr.
John
Pocklington
for
his
Sunday
no
Sabbath
,
and
other
Books
,
and
against
Dr.
Bray
for
licensing
them
;
In
October
1643.
The
Lords
fined
and
imprisoned
Clement
Walker
Esq
in
the
Tower
for
some
scandalous
words
against
the
Lord
Viscount
Say
,
a
Member
of
he
House
of
Peers
:
After
that
the
Lords
alone
,
without
any
Impeachment
of
the
Commons
,
on
their
privity
,
imprisoned
,
fined
and
censured
one
Morrice
,
upon
complaint
of
Sir
Adam
Littleton
,
after
a
full
hearing
,
at
which
I
was
present
,
for
forging
an
Act
of
Parliament
,
with
four
or
five
more
of
his
confederates
therein
,
which
was
most
clearly
proved
by
Witnesses
upon
Oath
;
whereby
he
would
have
defrauded
Sir
Adam
of
some
Lands
in
Essex
.
And
at
least
one
hundred
more
Commoners
have
been
committed
by
THE
LORDS
this
Parliament
and
fined
by
them
for
several
offences
,
Misdemeanors
and
Breaches
of
their
Privileges
,
as
well
as
Lilburn
and
Overton
▪
yet
none
of
them
ever
excepted
against
,
or
demurred
to
their
Jurisdiction
;
nor
did
the
Commons
House
ever
yet
except
against
them
for
these
their
proceedings
,
as
injurious
,
or
illegal
,
but
approved
and
applauded
this
their
Justice
.
Finally
,
John
Lilburn
himself
,
in
his
printed
Pamphlet
,
intituled
;
Innocency
and
Truth
justified
,
p.
74
,
75.
[
(m)
](A56189-e80260-b)
(m)
See
here
,
p.
36
,
37.
relates
that
on
May
4.
1641.
himself
was
accused
of
High
Treason
,
and
brought
before
the
Lords
Barr
for
his
life
;
where
one
Littleton
swore
point-blank
against
him
.
But
he
having
Liberty
given
to
speak
for
himself
,
(
without
any
demurring
to
their
Jurisdiction
,
because
we
was
a
Commoner
.
)
desired
that
his
Witnesses
might
be
heard
to
clear
him
,
&
was
upon
Mr.
Andrews
Oath
acquitted
at
the
Barr
of
the
whole
house
.
And
thereupon
concludes
,
I
am
resolved
to
speak
well
of
those
who
have
done
me
JUSTICE
.
From
all
these
punctual
successive
presidents
,
impeachments
and
clear
confessions
of
the
Commons
House
,
themselves
in
many
former
and
late
Parliam
and
in
this
now
sitting
,
it
is
undeniable
;
That
the
King
and
Lords
joyntly
,
and
the
Lords
severally
without
the
King
,
have
an
indubitable
right
of
Iudicature
,
without
the
Commons
,
vested
in
them
,
not
only
over
Peers
themselves
,
but
likewise
Commoners
,
in
all
extraordinary
criminal
cases
of
Treason
,
Felony
,
Trespass
,
and
other
Misdemeanors
triable
only
in
Parliament
,
which
hath
been
constantly
acknowledged
,
practised
,
submitted
to
in
all
ages
without
dispute
:
much
more
then
have
they
such
a
just
,
judicial
,
rightfull
power
,
in
cases
of
breach
of
their
own
privileges
,
of
[
(n)
](A56189-e80410-b)
(n)
Cooks
4
Instit.
p.
15.
which
none
are
,
or
can
be
Judges
but
themselves
alone
,
as
Sir
Edw.
Cook
resolves
,
they
being
the
supremest
Court.
And
to
deny
them
such
a
power
,
is
to
make
the
Highest
Court
of
Judicature
in
the
Realm
inferiour
to
the
Kings
Bench
,
and
all
other
Courts
of
Justice
,
who
have
power
to
judge
and
try
the
persons
,
causes
of
Commoners
,
yea
to
commit
and
fine
them
for
contempts
and
breaches
of
their
Privileges
,
as
our
[
(o)
](A56189-e80480-b)
(o)
See
Brook
&
Ashes
Tables
,
Tit.
Contempts
;
Fines
pur
Contempt
&
Imprisonment
Law
books
resolve
,
and
every
mans
experience
can
testifie
.
The
Lords
right
of
Iudicature
both
over
Peers
and
Commoners
in
criminal
causes
,
being
thus
fully
evicted
against
the
false●
ignorant
pretences
of
illiterate
Sectaries
,
altogether
unacquainted
with
our
Histories
and
Records
of
Parliament
,
which
they
never
yet
read
nor
understood
;
there
remains
nothing
but
to
answer
some
Authorities
,
Presidents
,
and
Objections
,
produced
against
it
.
These
presidents
in
Sir
Edward
Cooke
,
Sir
Robert
Cotton
,
and
others
)
are
of
3
Sores
.
1.
Such
as
are
produced
by
them
only
,
to
prove
that
the
Commons
have
a
Copartnership
and
joynt
Authority
with
the
King
and
Lords
in
the
power
and
right
of
Judicature
in
our
Parliaments
.
2ly
,
Such
as
are
objected
to
evidence
they
have
a
sole
power
of
Judicature
in
themselves
in
some
cases
,
without
the
K.
and
Lords
.
3ly
.
Such
as
are
urged
to
prove
,
they
have
no
right
of
Judicature
in
Parliament
in
the
cases
of
Commoners
that
are
capital
or
criminal
.
I
shall
propose
and
answer
them
all
in
order
.
1.
Sir
Edward
Cook
,
and
Sir
Robert
Cotton
produce
these
presidents
,
to
prove
,
That
the
Commons
have
a
Joint
in●erest
,
right
and
share
with
the
King
and
Lords
in
the
Iudicatory
,
or
Judicial
power
of
Parliaments
;
which
I
shall
propound
according
to
their
Antiquity
.
The
1.
President
alleged
for
it
,
is
that
of
[
(p)
](A56189-e80620-b)
(p)
In
Cottoni
Posthuma
,
p.
348.
Adomar
Bishop
of
Winchester
elect
,
(
cited
by
Sir
Robert
Cotton
,
in
his
Post-humous
Discourse
concerning
the
Power
of
the
Peers
&
Commons
in
Parliament
in
point
of
Iudicature
)
who
An.
44
H.
3.
as
affirms
,
he
was
then
exiled
by
the
Ioint
Sentence
of
the
King
,
Lords
and
COMMONS
,
as
appears
by
the
Letter
sent
to
Pope
Alexander
the
4th
:
(
Si
Dominus
Rex
et
Regni
Majores
hoc
vellent
,
meaning
Adomars
revocation
)
COMMUNITAS
tamen
ipsius
ingressum
jam
nullatenus
sustineret
.
The
Peers
subsign
this
answer
with
their
names
,
and
Peter
de
Mo●tfort
,
vice
totius
COMMUNITATIS
as
Speaker
or
Proctor
of
the
Commons
.
I
answer
,
under
the
favour
of
this
renowned
learned
Antiquary
,
that
this
president
is
full
of
gross
mistakes
.
For
1.
Bishop
Adomar
was
not
banished
the
Realm
at
all
,
either
by
King
,
Lords
or
Commons
,
but
fled
out
of
it
voluntarily
for
fear
,
to
avoid
the
Barons
,
who
pur●i●ed
him
with
forces
,
as
[
(q)
](A56189-e80800-b)
(q)
Hist.
Angl.
P.
943
,
959.
Mat.
Paris
,
with
others
,
relate
;
which
the
Nobles
and
Generality
of
the
Barons
in
direct
terms
inform
this
Pope
,
in
another
Letter
sent
together
with
this
objected
.
[
(r)
](A56189-e80830-b)
(r)
Ma●
.
Paris
Auctuarium
Additamentorum
Londini
,
1639.
p.
222.
Maxime
cum
ipse
a
regno
expuisus
non
extiterit
,
sed
sponte
cesserit
,
non
ausus
exhibitionem
justi●iae
,
quae
singulis
,
secundum
Iuramenta
Regis
et
Procerum
debebatur
,
expectare
.
2.
The
reason
why
he
thus
fled
,
was
to
avoid
the
Justice
of
THE
KING
&
LORDS
,
as
they
in
plain
terms
inform
the
Pope
;
without
any
mention
of
the
Commons
.
3ly
,
This
expulsion
is
said
to
be
in
44
H.
3.
or
rather
in
41.
as
[
(s)
](A56189-e80880-b)
(s)
Page
947.
Mat.
Paris
and
others
inform
us
,
An.
1458.
And
that
is
at
least
5.
or
8.
years
before
any
Commons
,
Knights
and
Burgesses
were
summoned
to
our
Parliaments
,
by
Sir
Robert
Cottons
,
Mr.
Seldens
,
and
others
confessions
,
and
that
by
the
Writ
in
49
H.
3.
Rot.
Claus
.
m.
10.
dorso
.
Therefore
if
the
Commons
had
any
vote
in
his
banishment
,
it
was
5.
or
8.
years
before
they
were
admitted
into
our
Parliaments
:
and
so
a
Banishment
not
in
,
but
out
of
Parliament
.
4ly
,
This
Letter
to
Pope
Alexander
begins
thus
,
Sanctissimo
Patri
in
Christo
,
Alexandro
.
&c.
COMMUNITAS
COMITUM
,
PROCERUM
,
MAGNATUM
,
ALIORUMQUE
REGNI
ANGLIAE
;
and
it
is
subscribed
joyntly
by
6.
Earls
,
and
5.
Noblemen
,
whereof
Petrus
de
Montfort
is
the
last
,
VICE
TOTIUS
COMMUNITATIS
(
to
wit
,
Communitas
Comitum
,
Procerum
,
Magnatum
aliorumque
Regni
Angliae
,
who
writ
the
Letter
,
mentioned
in
the
beginning
thereof
,
not
of
the
Commons
House
,
contradistinct
from
the
Earls
,
Nobles
,
Great-men
,
and
Barons
of
the
Realm
)
praesentibus
literis
sigilla
nostra
apposuimus
;
in
testimonium
praedictorum
;
not
by
the
10
first
Earls
and
Nobles
,
in
behalf
of
themselves
,
the
Earls
,
Lords
and
great
men
of
the
Realm
,
and
by
Peter
de
Montford
,
as
Speaker
or
Proctor
of
the
Commons
,
who
(
as
[
(11)
](A56189-e81000-b)
(11)
An
Exact
abridgement
of
the
Records
in
Tower
,
p.
12
▪
151.
Sir
Robert
Cotton
himself
acknowledgeth
)
had
no
Speaker
a●
all
,
in
6
E.
3.
(
An.
1332.
being
at
least
74.
years
after
this
Letter
)
nor
yet
till
51
E.
3.
rot.
Parl.
n.
87.
for
ought
appears
by
History
or
Record
,
being
119.
years
after
this
Letter
.
Wherefore
this
president
consisting
of
so
many
mistakes
(
as
I
have
more
largely
proved
in
my
Preface
to
Sir
Robert
Cottons
Exact
Abridgement
of
the
Records
in
the
Tower
,
)
makes
nothing
at
all
for
the
Commons
joynt
Right
of
Judicature
with
the
King
and
Lord
:
The
rather
,
because
the
Communitas
in
the
objected
clause
of
the
Letter
,
is
not
meant
,
of
the
Commons
in
Parliament
;
but
the
Communitas
or
Universitas
Regni
popularis
etsi
non
Nobiles
,
(
as
[
(u)
](A56189-e81090-b)
(u)
Pag.
941
Mat.
Paris
stiles
them
,
)
or
popular
rabble
of
Commons
out
of
Parliament
.
The
2.
president
,
is
that
of
Sir
Nicholas
Segrave
33
E.
1.
rot.
33.
Cooks
3.
Institutes
,
p.
7.
&
4
Instit.
p.
23.
in
the
margin
.
Who
being
charged
in
Parliament
in
presence
of
the
King
,
Earls
,
Barons
and
OTHERS
OF
THE
KINGS
COUNCEL
,
(
not
the
Commons
or
Burgesses
,
but
the
Iudges
,
and
Kings
learned
Councel
at
Law
,
[
*
](A56189-e81180-b)
*
See
the
Free-holders
Grand
Inquest
,
p.
39
,
40
41
,
42.
or
his
Privy
Council
,
who
were
assistants
to
the
Lords
,
as
I
conceive
,
which
Sir
Edward
Cook
mistaking
,
would
have
to
express
the
Commons
in
Parliament
)
then
and
there
present
;
that
the
King
in
the
wars
of
Scotland
,
being
among
his
enemies
,
Nicholas
Seagrave
,
his
leigeman
,
who
held
of
the
King
by
Homage
and
fealty
,
and
served
him
for
his
aid
in
that
warr
,
did
maliciously
move
discord
and
contention
without
cause
with
John
de
Crombewell
,
charging
him
with
many
enormous
crimes
,
and
offered
to
prove
it
upon
his
body
.
To
whom
the
said
John
answered
,
that
he
would
answer
him
in
the
Kings
Court
,
&c.
and
thereupon
gave
him
his
faith
.
After
which
Nicholas
withdrew
himself
from
the
Kings
hast
and
aid
,
leaving
the
King
in
danger
of
his
enemies
,
and
adjourned
the
said
John
to
defend
himself
in
the
Court
of
the
King
of
France
,
and
prefixed
him
a
certain
day
:
and
so
as
much
as
in
him
was
,
subjected
,
and
submitted
the
Dominion
of
the
King
and
kingdom
,
to
the
subjection
of
the
King
of
France
:
and
to
effect
this
he
took
his
journey
towards
Dover
to
passe
over
into
France
.
All
which
he
confessed
,
and
submitted
himself
therein
de
alto
et
Basso
,
to
the
Kings
pleasure
.
And
hereupon
the
King
willing
HABERE
AVISAMENTUM
,
to
have
the
advise
of
the
EALS
,
BARONS
,
LORDS
,
(
magnatum
)
and
OTHERS
OF
HIS
COUNCEL
,
enjoyned
them
upon
the
Homage
,
fealty
,
and
allegiance
wherewith
they
were
obliged
to
him
,
quod
ipsi
sideliter
CONSULERENT
,
that
they
should
faithfully
ADVISE
HIM
,
what
punishment
should
be
inflicted
for
such
a
fact
thus
confessed
?
Qui
omnes
,
habito
super
hoc
diligenti
tractatu
,
et
avisamento
,
&c.
Who
all
having
had
thereupon
di●igent
debate
and
advise
,
having
considered
and
understood
all
things
contained
in
the
said
fact
,
DICUNT
(
not
by
way
of
Judgement
judicially
pronounced
,
but
of
answer
to
the
Kings
question
propounded
,
and
as
their
opinion
of
the
cause
)
Said
,
that
this
fact
deserved
losse
of
life
&
members
&c.
So
as
this
offence
(
notes
Sir
Edward
Cooke
)
was
then
adjudged
in
Parliament
to
be
High
Treason
.
But
under
his
favour
,
First
,
here
was
no
judgement
at
all
given
against
the
party
himself
,
but
only
an
opinion
and
advice
touching
this
case
(
not
pending
judicially
in
Parliament
by
way
of
Inditement
or
impeachment
,
but
voluntarily
proposed
by
the
King
)
in
answer
to
the
kings
question
;
and
so
it
can
be
no
proof
of
any
actual
proper
judicature
vested
in
both
Houses
.
Secondly
,
For
ought
appears
,
this
question
was
only
propounded
to
the
Earls
,
Lords
,
Barons
,
and
the
Kings
Council
that
assisted
them
;
and
so
only
to
the
House
of
Peers
,
not
to
the
Commons
:
and
answered
,
resolved
only
by
them
;
[
*
](A56189-e81480-b)
*
See
the
Freeholders
grand
Inquest
p.
39
,
40
,
41
,
42.
aliorum
de
Concilio
suo
;
not
expressing
nor
including
the
Commons
,
as
I
apprehend
,
being
never
so
intitled
in
any
Parliament
Records
for
ought
I
can
find
.
That
these
alii
de
Concilio
,
were
not
the
Commons
,
as
Sir
[
†
](A56189-e81530-b)
†
4
Inst.
p.
23.
3
Inst.
p.
7.
&
22.
Edward
Cook
insinuates
,
but
the
Kings
Justices
and
Judges
who
attended
them
,
is
most
clear
by
this
passage
of
[
†
](A56189-e81550-b)
†
Flores
Hist.
pars
2.
Anno
1305.
p.
449
,
450.
Matthew
Westminster
,
who
lived
and
writ
the
story
of
it
at
that
time
in
these
words
.
Sub
illo
quoque
tempore
,
Nicholaus
de
Segrave
unus
de
praestantioribus
de
regno
,
pro
tali
causa
arrestatus
fuerat
coram
rege
:
Alius
quidam
Johannis
de
Crom●ewell
ipsum
de
proditione
arguerat
.
Ille
autem
in
defensionem
obtulit
se
duello
.
Rex
propter
bella
sua
noluit
ista
pati
;
ille
vero
non
licentiatu●
,
et
contra
prohibitionem
Regis
,
mare
transivit
,
persequens
accusatorem
,
ipso
Rege
adhuc
inter
hostiles
acies
constituto
.
Ideirco
reputa●
eum
Rex
in
judicio
vitae
suae
contemptorem
,
nec
per
ipsum
stare
,
quin
Rex
ab
hostibus
interiret
.
Et
ille
in
gratiam
Regis
se
submisit
.
Cui
Rex
justitiam
fieri
volo
in
judicio
.
Proinde
JUSTITIARII
(
mark
it
,
not
the
Commons
)
TRIDUO
SUPER
HOC
CONSULTANTES
,
responderunt
regi
;
hujusmodi
hominem
reum
esse
mortis
,
et
omnia
bona
sua
mobilia
et
immobilia
regii
juris
esse
.
Veruntamen
,
propter
generositatem
sanguinis
addiderunt
,
non
hunc
in
regis
contemptum
,
Angliam
egressum
fuisse
,
sed
propter
iram
se
de
suo
criminatore
vindicandi
.
Regis
autem
esse
,
posse
facere
misericordiam
cum
eodem
.
Quibus
Rex
,
O
diu
consultati
sed
inconsulti
▪
Equidem
meum
est
posse
,
et
velle
conferre
gratiam
,
&
cui
voluero
,
miserebor
.
Nec
propter
vos
amplius
,
quam
pro
cane
.
Quis
in
gratiam
meam
se
submisit
,
&
repulsam
passus
est
?
Veruntamen
vestrum
judicium
in
scriptura
redigatur
,
et
pro
lege
amodo
teneatur
.
Proinde
dictus
miles
ad
carcerem
ducebatur
,
ne
impunitas
armare●
audaciam
,
et
rigor
caeteris
timorem
incuteret
contemnendi
.
Et
post
paucos
dies
,
elaborantibus
multis
nobilio●ibus
regni
,
et
[
*
](A56189-e81630-b)
*
offerentibus
ostendentibus
se
30
suis
paribus
,
cinctis
gladiis
,
corpus
pro
corpore
,
et
bona
pro
bonis
,
una
in
solidum
,
quoquo
die
Rex
eum
vocaverit
,
nec
adesset
,
liberatus
est
,
et
per
regem
cunctis
facultatibus
suis
restitutus
:
So
this
Historian
,
which
compared
with
the
Record
infallibly
proves
,
that
this
resolution
was
given
by
the
Earls
,
Barons
,
Lords
,
and
Judges
advice
,
who
were
the
only
aliorum
de
Concilio
,
as
assistants
to
the
Lords
then
in
all
matters
of
Law
,
as
now
they
are
,
not
the
Commons
,
of
which
there
is
no
mention
in
the
records
or
this
Historian
,
that
they
were
parties
to
it
.
And
this
is
likewise
evident
by
the
case
of
Margery
,
the
Wife
of
Thomas
Weyland
,
an
abjured
Judge
,
in
the
Parliament
of
19
E.
1.
Cooks
1.
Institutes
.
f.
133.
n.
Where
the
Barons
of
the
Exchequer
,
and
Justices
of
the
Kings
Courts
,
were
called
to
advise
and
assist
the
King
and
his
Council
of
Lords
in
Parliament
,
in
a
difficulty
of
Law
,
therein
to
be
resolved
by
their
advice
.
And
therfore
it
follows
,
that
the
LORDS
ONLY
IN
THAT
AGE
were
the
Judges
even
of
Commoners
cases
.
Thirdly
,
Admit
the
Commons
were
included
;
yet
it
proves
only
a
right
of
advising
and
delivering
their
opinions
with
the
Lords
,
when
required
by
the
King
,
not
of
judging
or
pronouncing
sentence
.
Fourthly
,
Sir
Edward
Cook
citing
this
president
,
to
prove
That
both
Houses
together
have
power
of
judicature
;
must
grant
,
that
even
in
33
E.
1.
there
were
two
distinct
Houses
of
Parliament
,
who
upon
special
occasions
,
(
as
now
at
conferences
,
&c.
)
met
and
advised
together
;
and
therefore
the
division
of
the
Houses
was
before
Edward
the
third
his
reign
,
and
very
probable
as
antient
as
the
summoning
of
Knights
,
Citizens
,
and
Burgesses
to
the
Parliament
,
which
some
make
as
antient
as
King
Henry
the
first
,
or
King
Henry
the
2.
others
not
before
King
Henry
the
third
,
in
the
[
†
](A56189-e81800-b)
†
The
first
Writ
of
summons
now
extant
is
but
in
49
H.
3.
Seld.
Titles
of
Honour
,
patt
2.
c.
5.
49
year
his
reign
,
Father
to
King
Edward
the
first
.
So
as
this
president
makes
quite
against
the
Levellers
and
Lilburnians
designs
and
opinions
.
The
[
(e)
](A56189-e81850-b)
(e)
Cook
4
Inst.
p.
21.
Cottoni
Posthuma
,
p.
347.
3
and
4.
Presidents
are
those
of
Hugh
Audley
his
Wife
,
Claus.
12
E.
2.
m.
5.
of
Gaverston
and
the
two
Spencers
Exiles
,
15
E.
2.
forecited
:
wherein
the
Commons
gave
their
assents
to
the
attainders
and
exiles
of
Gaverston
,
and
the
Spencers
,
and
to
the
reversal
of
them
:
But
this
I
have
already
proved
,
to
be
only
by
way
of
Bills
,
not
judicature
,
by
the
legislative
,
not
judicial
power
of
Parliament
,
and
that
they
were
judicially
condemned
only
by
the
Lords
,
therefore
these
are
nothing
to
the
purpose
,
and
against
the
Objectors
.
The
5.
and
6.
are
the
depositions
of
King
Ed.
the
2.
and
Richard
the
2.
for
their
mis-government
,
wherin
the
Commons
had
a
joynt
vote
and
concurrence
with
the
Lords
,
which
I
shall
hereafter
answer
in
the
supplement
.
p.
429.
to
460.
The
seventh
President
is
that
of
Eliz.
Burgh
▪
Widow
,
rot.
Parl.
n.
11.
who
complained
by
Petition
to
the
King
,
that
in
the
reign
of
King
Edward
the
2.
she
was
by
his
Writ
commanded
to
come
unto
him
to
Yorke
;
and
there
by
Hugh
Spencer
the
younger
,
and
Robert
Baldock
,
and
William
Cliff
his
instruments
,
inforced
by
duresse
to
enter
into
an
Obligation
,
to
this
effect
:
that
if
she
received
any
who
were
contrary
to
the
King
,
or
maried
any
man
without
the
Kings
consent
,
or
if
she
gave
any
lands
or
tenements
:
which
she
held
in
fee
or
in
dower
to
any
man
living
without
the
Kings
license
,
that
for
any
of
these
she
should
forfeit
all
her
Lands
,
Tenements
,
Goods
,
and
Chattels
to
the
King
:
as
appeared
by
the
transcript
of
the
Bond
annexed
to
her
Bill
;
whereupon
she
prayed
Grace
,
and
remedy
against
this
duresse
,
and
acquittance
of
our
Lord
the
King
from
this
Obligation
.
Hereupon
a
Writ
was
sent
to
the
Clerk
of
the
Privy
Seal
,
in
whose
custody
the
Obligation
was
,
to
bring
it
without
delay
,
Coram
Concilio
nostro
in
Parliamento
,
ad
faciendum
inde
ulteriut
,
quod
per
idem
Concilium
nostrum
contige
it
ordinari
:
which
being
brought
and
delivered
accordingly
the
5
of
March
,
and
deliberately
read
in
full
Parliament
,
and
agreeing
with
the
transcript
annexed
to
her
Petition
in
all
things
:
Pur
ceo
que
avys
est
as
Archievesques
,
Evesques
,
Counts
,
&
BARONS
&
auires
Grandes
,
et
a
TOVTELA
COMMONALTIE
de
la
terre
,
que
lo
dit
escrit
est
fait
contre
ley
de
la
terre
,
&
enconter
tout
manere
de
reason
,
si
fuist
le
dit
escrit
PER
AGARD
DEL
PARLIAMENT
dampne
illeoques
&
livera
ala
dit
Elizabeth
.
I
answer
,
1.
That
this
judgement
was
given
only
in
a
civil
case
touching
an
Obligation
made
by
duress
,
not
in
a
criminal
.
2ly
.
That
this
Petition
was
directed
only
to
the
King
and
his
Council
,
not
to
the
Commons
in
Parliament
,
and
the
businesse
heard
before
them
.
3ly
.
That
this
being
a
Common
case
,
there
being
then
many
Petitions
and
complaints
that
Parliament
of
bonds
of
this
nature
,
the
Commons
joyning
with
the
King
and
Lords
in
this
judgement
of
Parliament
in
her
case
,
was
only
by
way
of
Bill
,
not
in
an
ordinary
way
of
judgement
;
they
exhibiting
&
passing
a
Bill
for
that
purpose
as
well
as
a
Petition
,
as
is
clear
by
the
words
of
the
Roll
,
and
by
the
printed
Statute
of
1
E.
3.
c.
3.
That
fines
,
sales
,
and
gifts
of
land
,
and
recognizances
of
debt
made
by
force
and
duress
to
this
Sir
Hugh
Spencer
,
Robert
Baldocke
,
&c.
or
to
any
of
them
,
be
defeated
:
And
Parl.
2.
ch.
15.
Whereas
many
of
the
Realm
,
in
the
time
of
the
Kings
Father
that
now
is
,
by
means
of
his
false
and
evil
Counsellors
have
been
excited
by
divers
to
bind
themselves
to
come
to
the
K.
with
force
and
arms
,
whensoever
they
should
be
sent
for
upon
pain
of
life
and
limb
,
and
to
forfeit
all
that
ever
they
might
forfeit
;
by
vertue
of
which
writings
divers
of
his
land
have
been
often
destroyed
;
The
King
considering
that
such
writings
were
made
to
the
Kings
dishonour
,
sithence
that
every
man
is
bound
to
doe
to
the
King
,
as
to
his
Liege
Lord
,
all
that
pertaineth
to
him
,
without
any
manner
of
writing
;
will
that
from
henceforth
no
such
writing
be
made
.
And
that
such
as
be
made
by
the
sight
of
the
Chancellor
and
Treasurer
shall
be
shewed
to
the
King
,
and
the
K.
shall
cause
all
such
as
be
made
against
right
&
reason
to
be
cancelled
:
So
that
this
main
president
meerly
falls
to
the
ground
being
but
by
Bill
.
The
8th
.
President
that
may
be
objected
is
this
:
Adam
de
[
(m)
](A56189-e82180-b)
(m)
Walsingham
Hist.
Angl.
p.
98.
to
106.
Ypopig
.
An.
1326
,
1327.
Antiq.
Eccles.
Brit.
p.
227
,
228.
Godwins
Catalogue
of
Bishops
,
p.
129
,
130.
Fox
acts
and
Monuments
,
p.
342
,
p.
339
,
340.
and
Speeds
Hist.
p.
679
,
680.681
,
685
,
686.
See
my
Antipathy
of
the
English
Lordly
Prelates
,
&c.
p.
54
,
55
,
56
,
265
,
266
,
267.
Arleton
or
Tarlton
,
Bishop
of
Hereford
,
in
a
Parliament
held
at
London
,
Anno
1322.
was
apprehended
by
the
Kings
Officers
,
and
brought
to
the
Bar
to
be
arraigned
for
Treason
and
Rebellion
,
in
aiding
the
Mortimers
and
others
in
their
wars
with
men
and
arms
;
where
having
nothing
to
say
for
himself
in
defence
of
the
crimes
objected
,
and
standing
mute
for
a
space
;
at
last
he
flatly
told
the
King
,
That
he
was
a
Minister
and
Member
of
the
Church
of
Christ
,
and
a
consecrated
Bishop
,
though
unworthy
;
therefore
I
neither
can
,
nor
ought
to
answer
to
such
high
matters
without
the
consent
of
my
Lord
Archbishop
of
Canterbury
(
my
direct
Judge
next
after
the
Pope
)
and
of
the
other
Fathers
the
Bishops
my
PEERS
.
At
which
saying
the
Archbishops
and
Bishops
there
present
,
rose
up
,
and
interceded
to
the
King
for
their
Colleague
;
and
when
the
King
would
not
be
intreated
,
they
all
challenged
the
Bishop
as
a
Member
of
the
Church
,
exempt
from
the
Kings
Justice
and
all
secular
judicature
.
The
King
forced
thereunto
by
their
claimors
,
delivered
him
to
the
Archbishops
custody
,
to
answer
elsewhere
for
these
crimes
.
Within
few
days
after
,
being
apprehended
again
,
and
brought
to
answer
before
the
Kings
royal
Tribunal
in
the
Kings
Bench
at
Westminster
,
for
his
Treasons
;
the
Archbishops
of
Canterbury
,
York
and
Dublin
,
hearing
of
Tarltons
arraignment
,
came
with
their
Crosier
staves
carried
before
them
,
accompanied
with
10
Bishops
more
,
and
a
great
company
of
men
,
entred
into
the
Court
,
and
by
open
violence
rescued
and
took
away
the
Bishop
from
the
Bar
,
before
any
answer
made
to
his
charge
,
chasing
away
the
Kings
Officers
,
and
proclaiming
openly
,
That
no
man
should
lay
violent
hands
on
this
(
Trayterly
)
Bishop
,
upon
pain
of
excommunication
,
and
so
departed
.
The
King
exceedingly
incensed
at
this
High
affront
to
Justice
and
himself
,
commanded
an
Inquest
to
be
impanelled
,
and
a
lawfull
inquiry
to
be
made
of
the
Treasons
committed
by
the
Bishop
,
in
his
absence
,
being
thus
rescued
from
Justice
.
The
Jury
,
without
fear
of
the
King
,
or
any
hatred
of
the
Bishop
,
found
the
Bishop
guilty
of
all
the
Articles
of
Treason
and
Rebellion
,
whereof
he
was
indicted
.
Whereupon
the
King
banished
the
Bishop
,
&
seised
all
his
temporalties
,
lands
and
goods
.
But
yet
notwithstanding
the
Bishop
;
by
consent
of
all
the
Prelates
,
was
by
strong
hand
kept
in
the
Archbishops
custody
,
till
he
had
reconciled
him
to
the
King
.
After
which
,
by
way
of
revenge
he
was
a
principal
instrument
of
the
Kings
deposing
and
murther
;
which
having
effected
,
in
the
Parliament
of
1
E.
3.
6.
this
[
*
](A56189-e82300-b)
*
Claus.
1
E.
3.
m.
13.
Bishop
petitions
that
the
Indictment
and
Iudgement
against
him
,
and
the
proceedings
therein
might
be
brought
into
Parliament
and
there
nulled
,
as
erronious
,
which
was
done
accordingly
:
Et
quia
recitatis
et
examinatis
coram
nobis
et
consilio
nos●ro
recordo
et
processu
praedictis
,
Et
etiam
coram
Praelatis
,
Comitibus
,
Baronibus
,
Magnatibus
,
&
tota
communitate
regni
nostri
,
praesenti
Parliamento
nostro
praesentibus
,
compertum
fuit
,
quod
in
eisdem
recordo
et
processu
errores
manifesti
intervenerunt
,
per
assensum
totius
Parliamenti
adnullatur
:
and
so
he
had
restitution
.
I
answer
,
that
as
this
rescue
of
,
proceeding
,
and
judgement
against
this
trayterous
Bishop
were
singular
,
So
is
this
repeal
and
reversal
of
it
as
erronious
,
before
and
by
all
the
Commons
and
whole
Parliament
,
as
well
as
King
,
Prelates
,
and
Nobles
,
and
that
no
doubt
at
the
special
instance
of
this
,
and
all
the
other
Bishops
,
highly
concerned
in
this
cause
.
Wherefore
this
one
Swallow
makes
no
Summer
,
and
proves
no
judicial
authority
joyntly
with
the
King
and
Lords
,
since
they
never
joyned
with
them
before
nor
since
in
reversing
of
any
such
error
upon
Judgement
in
the
Kings
Bench
;
but
only
where
an
erronious
Attainder
by
Bill
in
one
Parliament
was
reversed
by
Bill
in
another
.
to
be
ADJVDGED
by
the
Lords
and
COMMONS
.
I
answer
,
this
Case
is
somewhat
m●staken
;
For
the
Record
only
mentions
,
That
the
21
day
of
May
,
the
King
gave
thanks
to
the
Lords
and
Commons
for
their
coming
and
aid
granted
;
on
which
day
all
the
Lords
and
sundry
of
the
Commons
dined
with
the
King
.
After
which
dinner
Sir
Iohn
at
Lee
was
brought
before
the
King
,
LORDS
&
COMMONS
next
aforesaid
(
who
dined
with
the
King
)
to
answer
certain
objections
made
against
him
by
William
Latymer
,
about
the
wardship
of
Robert
Latymer
;
that
Sir
John
being
of
power
,
had
sent
for
him
to
London
,
where
by
duresse
of
Imprisonment
he
inforced
the
said
William
to
surrender
his
estate
unto
him
;
which
done
,
some
other
Articles
were
objected
against
the
said
Sir
John
,
of
which
for
that
he
could
not
sufficiently
purge
himself
,
HE
was
committed
to
the
Tower
of
London
,
there
to
remain
til
he
had
made
fine
and
ransom
at
the
Kings
pleasure
,
and
command
given
to
the
Constable
of
the
Tower
to
keep
him
accordingly
.
And
then
the
said
Lords
and
Commons
departed
:
After
which
he
was
brought
before
the
Kings
Councel
at
Westminster
,
which
COUNCEL
ORDERED
the
said
ward
to
be
reseised
into
the
Kings
hands
:
So
as
this
record
proves
not
that
this
judgment
was
given
in
the
Parliament
house
,
nor
that
the
Lords
and
Commons
adjudged
Sir
Iohn
,
but
rather
the
King
and
his
Councel
in
the
presence
of
the
Lords
and
Commons
,
after
the
Parliament
ended
.
The
11
,
12
,
13.
Are
the
cases
of
the
Lord
Latymer
,
Lord
Nevil
,
and
Richard
Lyons
,
forecited
:
Here
,
p.
283
,
284
,
350.
which
are
nothing
to
purpose
,
the
[
(n)
](A56189-e82690-b)
(n)
See
the
Freeholders
Grand
Inquest
,
p.
13
,
14
,
15.
Lords
alone
giving
judgement
in
them
without
the
Commons
,
who
did
only
impeach
them
;
and
the
[
(o)
](A56189-e82710-b)
(o)
Cooks
4.
Instit.
p.
23.
Cottoni
Posthuma
,
p.
249.
King
removing
the
Lord
Latymer
from
his
Council
at
their
further
request
:
So
that
these
3.
cases
refute
their
opinions
who
object
them
.
The
14.
is
the
[
(p)
](A56189-e82760-b)
(p)
Cooks
3.
Instit.
p.
23.
Sir
Robert
Cottons
Posthuma
,
p.
249.
Case
of
Weston
and
Gomines
,
1
R.
2.
n.
38
,
39.
In
which
the
Lords
alone
gave
the
Judgement
,
as
I
have
proved
,
p.
332
,
333
:
Therefore
pointblank
against
the
Objectors
.
The
15.
president
is
that
of
[
(q)
](A56189-e82810-b)
(q)
Cooks
3.
Instit.
c.
1.
p.
8.
Mr.
Sr
,
Johns
Argument
sat
Law
,
at
the
Earl
of
Straffords
Attainder
,
p.
75
,
76.
Walsingham
,
Hist.
Angliae
,
p.
255.
Ypodigm
.
p.
128.
An
Exact
abridgement
,
p.
183.
Iohn
Kirby
and
Iohn
Algar
,
two
Citizens
of
London
,
in
the
Parliament
of
3
R.
2.
n.
18.
who
conceiving
malice
against
John
Imperial
,
(
an
Ambassador
sent
hither
from
the
State
of
Genoa
,
who
had
procured
a
Monopoly
to
furnish
▪
England
with
all
such
wares
as
come
from
the
Levant
,
keeping
his
staple
at
Southampton
,
)
killed
him
in
London
,
upon
a
sudden
quarrel
picked
with
him
;
for
which
they
being
committed
,
this
being
a
new
and
difficult
case
,
and
the
Judges
being
in
doubt
,
whether
it
were
Treason
,
or
no
?
it
was
thereupon
propounded
in
Parliament
,
(
according
to
the
Statute
of
25
E.
3.
c.
2.
)
like
that
of
25
E.
3.
Parl.
2.
of
those
who
are
born
beyond
the
Seas
,
14
E.
3.
c.
5.
13
E.
1.
c.
24.32
E.
1.
rot.
17.
&
22.
Claus.
46
H.
3.
n.
3.
Claus.
14
E.
2.
dors.
17.
17
E.
3.
n.
24.21
E.
3.
n.
60.40
E.
3.
n.
14
,
15.14
E.
3.
n.
30
,
31.1
R.
2.
n.
95.1
E.
3.
f.
6
,
7.39
E.
3.21
.
a.
40
E.
3.34
.
b.
Cook
8
Rep.
f.
158.3
Instit.
p.
6
,
7.4
Instit.
p.
67
,
&c.
2
Instit.
p.
408.
West
.
2.
c
24.
and
Bracton
,
l.
2.
c.
16
,
l.
3.
c.
9.
Fletae
l.
2.
c.
6.
resolving
that
all
difficult
causes
are
to
be
declared
to
and
determined
in
and
by
Parliaments
.
This
case
being
examined
and
debated
by
and
between
the
Lords
and
Commons
,
was
afterwards
there
declared
b●fore
the
King
,
and
determined
and
agreed
That
this
fact
and
murder
is
Treason
,
and
a
crime
against
the
Kings
Majesty
;
in
which
case
no
privilege
of
Clergy
ought
to
be
allowed
to
any
man
.
;
Whereupon
7
R.
2.
rot.
8.
Kirby
and
Algar
were
attainted
of
High
Treason
in
the
Kings
Bench
,
and
executed
as
Traitors
.
Walsingham
writes
this
Parliament
was
held
at
Northampton
,
against
the
consent
of
most
of
the
Realm
,
but
especially
against
the
will
of
the
Londoners
;
that
so
revenge
might
be
taken
upon
Kirkeby
for
this
murder
:
they
fearing
,
that
if
the
Parliament
were
held
at
London
,
the
Londoners
would
not
suffer
him
to
be
executed
,
without
some
danger
to
those
who
condemned
him
:
whereupon
he
was
condemned
,
drawn
,
and
executed
at
Northampton
.
To
this
I
answer
first
:
That
Kirby
and
Algar
were
not
impeached
,
arraigned
,
tried
or
condemned
in
Parliament
for
this
Treason
,
but
in
the
Kings
Bench
,
for
if
they
had
,
the
Lords
only
had
judged
and
given
sentence
against
them
,
as
in
all
the
premised
cases
.
2ly
,
Their
case
being
new
,
was
thought
fit
to
be
propounded
to
the
Commons
by
the
Kings
direction
,
as
well
as
to
the
Lords
,
who
upon
debate
agreed
it
to
be
Treason
.
3ly
,
When
it
had
been
debated
,
it
was
declared
and
finally
resolved
and
agreed
before
the
King
in
full
Parliament
,
and
that
by
Bill
,
and
the
Legislative
,
not
Judicial
power
,
as
Mr.
S●
.
John
informs
us
.
Therefore
it
makes
nothing
for
the
Commons
right
and
power
of
Judicature
;
which
after
all
these
presidents
all
the
Commons
in
the
Parliament
of
1
H.
4.
n.
79.
confess
to
have
been
alwayes
of
right
in
the
King
and
Lords
,
and
not
in
them
;
which
sways
away
all
the
forecited
presidents
at
once
,
as
impertinent
,
and
misapplied
.
For
the
presidents
of
21
R.
2.
n.
29.
2
H.
5.
n.
13
▪
&
28
H.
6
,
n.
19.
misrecited
by
Sir
E.
Cook
,
4
Instit.
p.
23.
&
3
Inst.
p.
22.
they
are
already
answered
p.
296
,
297
,
299
,
344.
And
for
those
of
Sir
Giles
Mompesson
,
Sir
Iohn
Michel
,
Viscount
St.
Alban
,
and
the
Earl
of
Middlesex
:
himself
confesseth
,
(
and
I
have
here
cleared
,
p.
303
,
304.
)
that
the
notable
Iudgements
against
them
were
given
by
the
Lords
,
at
the
prosecution
of
the
Commons
,
who
were
only
their
prosecutors
,
not
Iudges
.
These
are
all
the
Presidents
I
finde
,
that
are
objected
,
to
give
the
Commons
a
share
with
the
King
and
Lords
in
the
Judicature
in
our
Parliaments
;
which
evince
it
not
,
but
clearly
disprove
it
.
The
2.
sort
of
Presidents
insisted
on
by
Sir
Ed.
Cook
,
are
to
prove
,
a
Judicial
Authority
in
the
House
of
Commons
alone
,
without
the
Lords
,
in
cases
of
their
own
Members
,
and
Servants
,
in
matters
of
elections
,
breach
of
Privilege
,
or
misdemeanors
in
the
Commons
house
;
for
which
they
have
imprisoned
and
sometimes
fined
Serjeants
,
Baylifs
,
Sherifs
,
committed
their
own
Members
,
adjudged
their
elections
void
,
suspended
,
excluded
,
ejected
them
the
house
.
The
1.
ease
is
that
of
Muncton
2
Aprilis
1
Mariae
committed
by
the
Commons
to
the
Tower
for
striking
William
Iohnson
a
Burgess
.
The
2.
of
Thomas
Lucy
8
Eliz.
removed
out
of
the
House
for
giving
4
l.
to
the
Mayor
of
Westbury
to
be
chosen
a
Burgess
,
and
the
Maior
fined
and
imprisoned
.
The
3
,
of
Arthur
Hall
,
23.
Eliz.
who
for
discovering
and
publishing
the
Conferences
of
the
House
,
and
writing
a
Book
to
the
dishonour
of
the
house
,
was
committed
to
prison
.
These
matters
were
examined
and
adjudged
in
the
House
of
Commons
,
Secundum
leg●m
&
Consuetudinem
Parliamenti
,
and
he
thereupon
committed
to
the
Tower
for
6.
Moneths
,
fined
500
marks
,
and
expelled
the
House
.
And
in
that
Parliament
18
Martii
,
a
fine
was
asses●ed
by
the
House
on
every
Member
that
was
absent
without
leave
.
To
these
alleged
by
Sir
Edw.
Cooke
,
I
shall
superadd
the
ensuing
;
Sir
Robert
Brandling
was
committed
to
the
Tower
27
Eliz.
for
striking
Withe●ington
a
Burgess
.
3
Jacobi
one
was
fined
for
causing
a
Members
Servant
to
be
arrested
;
though
he
claimed
his
privilege
.
12
Jacobi
Locke
and
More
were
ordered
by
the
Commons
to
ride
both
on
one
horse
,
with
their
faces
to
the
horses
tail
,
for
arresting
a
Servant
of
Mr.
Whitlocks
,
then
a
Member
,
against
his
privilege
;
which
was
accordingly
executed
.
In
2
Caroli
,
Sir
George
Hastings
being
elected
knight
for
Leicestershire
,
and
he
then
being
arrested
,
his
witnesses
had
their
charges
given
them
against
the
Sherif
,
and
he
fined
.
In
the
Parliament
of
3.
Caroli
,
Sir
Thomas
Savils
case
,
29.
April
1628.
Thomson
Sherif
,
and
Henloe
Alderman
of
York
for
abuses
in
the
election
,
were
ordered
to
be
committed
to
the
Serjeant
of
the
House
,
during
the
pleasure
of
the
Commons
House
,
to
acknowledge
their
offences
at
the
Barr
on
their
knees
,
and
pay
all
due
fees
,
and
to
make
a
submission
in
York
.
In
3.
Caroli
,
Mr.
John
Baber
was
suspended
the
house
about
billetting
Souldiers
.
In
3.
Car.
the
Commons
house
committed
Mr.
Laughton
and
Mr.
Trelawny
to
the
Tower
during
pleasure
,
and
Sir
William
Wray
,
and
Mr.
Edward
Trelawny
to
the
Serjeant
at
Arms
,
and
ordered
them
to
make
a
submission
,
&
acknowledgement
of
their
offences
in
the
House
at
the
Bar
,
and
in
the
County
at
the
Assises
,
they
kneeling
at
the
Barr
all
the
while
the
Speaker
pronounced
the
Judgement
against
them
,
for
writing
menacing
Letters
to
Sir
John
Elliot
,
and
Mr.
Coriton
,
and
to
others
of
the
County
of
Cornwall
,
disturbing
their
election
,
and
contemning
the
warrant
of
the
House
when
sent
for
.
In
this
Parliament
of
17
Caroli
now
sitting
,
the
Commons
house
turned
out
sundry
Members
,
who
were
Projectors
,
and
voted
out
many
others
for
Delinquency
,
ordering
New
elections
in
their
places
,
without
the
King
or
Lord
.
I
answer
,
1.
That
all
these
objected
presidents
are
of
very
puny
date
within
time
of
memory
;
therefore
unable
to
create
a
Law
or
custom
of
Parliament
,
or
any
right
of
sole
Judicature
in
the
Commons
House
.
2ly
,
They
were
all
made
by
the
Commons
themselves
,
unfit
Judges
in
their
own
cases
,
much
less
over
one
another
,
being
all
of
equal
Authority
,
and
[
*
](A56189-e83820-b)
*
See
my
Ardua
Regni
.
so
unable
to
seclude
,
imprison
or
fine
one
another
,
no
more
than
one
Judge
or
Justice
to
fine
,
imprison
,
or
uncommission
another
;
since
Par
in
parem
non
habet
imperium
.
3ly
,
They
are
all
against
Law
,
because
&
coram
non
Judice
,
the
Commons
House
having
no
right
or
power
of
Judicature
,
much
less
of
sole
Judicature
in
our
Parliaments
,
but
only
the
King
and
Lords
,
as
I
have
formerly
proved
by
reasons
and
presidents
in
all
ages
.
4ly
,
These
presidents
are
but
few
,
never
judicially
argued
,
and
rather
connived
at
,
than
approved
by
the
King
and
Lords
,
taken
up
with
other
more
publike
businesses
;
therefore
passing
sub
silentio
,
they
can
make
no
Law
rule
,
or
right
,
as
is
resolved
in
Long.
5
E.
4.
f.
110.
Cooks
4.
Reports
,
f.
93
94.
Slades
case
,
&
6
Report
,
f.
75.
Druries
case
.
5ly
,
There
are
many
express
antient
Presidents
,
Statutes
,
Judgements
,
in
most
former
Parliaments
to
the
contrary
,
sundry
of
them
upon
the
Commons
own
Petitions
and
complaints
,
which
will
over-ballance
and
controll
these
few
late
Presidents
warranted
by
no
old
Records
or
Statutes
whatsoever
,
but
contradicted
by
the
constant
practice
of
former
ages
;
To
clear
which
truth
beyond
contradiction
,
I
shall
shew
you
the
very
Original
of
the
Commons
summons
to
Parliament
by
the
Kings
writs
,
(
out
of
meer
grace
,
not
antient
right
or
custom
,
)
with
the
several
varieties
of
Writs
,
Statures
touching
elections
of
Knights
,
Citizens
,
Burgesses
,
and
chief
cases
resolved
in
Parliaments
touching
Elections
&
breaches
of
Privileges
,
relating
to
Members
or
their
menial
Servants
,
that
I
finde
upon
record
,
which
will
abundantly
clear
this
point
,
and
refute
these
irregular
puny
presidents
.
The
original
of
our
Parliaments
,
as
now
constituted
,
of
King
,
Lords
and
Commons
,
is
by
[
(1)
](A56189-e83950-b)
(1)
Polydor
Virgil
,
Holinshed
,
Speed
,
Sir
Walter
Raleigh
his
Prerogative
of
Parl.
p
2
,
3.
The
Freeholders
Grand
●nquest
,
&
others
forecited
,
p.
165.
several
of
our
Historians
,
Antiquaries
,
and
Writers
,
referred
to
the
16.
or
17.
year
of
King
Henry
the
1.
or
at
least
to
Henry
the
2.
his
reign
;
which
I
have
already
refuted
,
by
a
particular
list
of
all
the
Parliaments
under
them
:
Yet
many
of
this
opinion
affirm
,
that
the
Commons
were
not
constantly
summoned
to
our
Parliaments
,
but
only
the
Lords
Spiritual
and
Temporal
,
before
the
49.
of
King
Henry
the
3.
and
beginning
of
Edward
the
1.
his
reign
,
neither
had
they
a
Speaker
,
till
51
E.
3.
Therefore
no
power
of
Judicature
over
their
Members
.
The
first
Writ
I
finde
extant
,
that
savors
of
summoning
Knights
to
Parliament
,
is
that
in
the
15.
year
of
King
Iohn
,
wherein
this
King
sent
a
Writ
to
the
Sherif
of
Oxon
in
these
words
.
[
(2)
](A56189-e84070-b)
(2)
Claus.
15
Joh.
Reg.
pars
2.
m.
●
.
dorso
.
Seldens
Titles
of
Honor
,
p.
710.
Rex
Vicecomiti
Oxon
salutem
.
Praecipimus
tibi
quod
omnes
Milites
Ballivae
tuae
,
qui
summoniti
fuerunt
esse
apud
Oxoniam
,
ad
Nos
à
die
Omnium
Sanctorum
in
15.
dies
,
venire
facias
cum
armis
suis
,
Corpora
vero
Baronum
,
sine
armis
singulariter
:
et
IV.
DISCRETOS
MILITES
DE
COMITATU
TUO
illuc
venire
facias
ad
Nos
ad
eundem
terminum
,
AD
LO
QUENDUM
NOBISCUN
DE
NEGOTIIS
REGNI
NOSTRI
.
Teste
meipso
apud
Witten
11
die
Novembris
.
Eodem
modo
scribitur
omnibus
Vicecomitibus
.
This
is
no
Writ
of
Summons
to
Parliament
,
as
some
take
it
,
but
rather
to
a
Military
Council
,
as
I
conceive
it
.
For
1.
There
is
no
mention
of
any
Bishops
,
Abbots
,
Priors
,
Spiritual
Lords
,
Citizens
or
Burgesses
summoned
thereto
▪
but
only
of
Barons
without
arms
;
and
Knights
with
arms
.
2ly
,
Of
all
knights
they
had
formerly
summoned
to
appear
there
.
3ly
,
Of
4.
not
2.
discreet
Knights
out
of
every
County
;
and
that
not
ad
Parliamentum
nostrum
,
but
,
ad
Nos
venire
facias
.
4ly
,
They
were
not
to
be
elected
by
the
people
,
but
immediately
summoned
,
elected
and
sent
by
the
Sherifs
themselves
.
5ly
,
They
were
to
come
ad
loquendum
nobiscum
,
not
,
ad
faciendum
&
consentiendum
hiis
,
&c.
as
the
usual
Writs
of
Summons
for
Knights
of
Shires
are
since
;
without
any
power
of
Judicature
to
fine
,
seclude
,
or
question
one
anothers
elections
or
returns
,
as
now
.
The
very
first
express
writ
extant
in
History
or
Records
that
I
can
meet
with
upon
search
,
for
the
calling
of
Knights
,
Citizens
and
Burgesses
to
Parliament
,
is
in
[
(3)
](A56189-e84290-b)
(3)
Claus.
49
H.
3.
m.
10.
dorso
in
schedula
.
Seldens
Titles
of
Honor
,
p.
717
,
718.723
,
724.
49
●3
.
where
the
King
after
the
battel
of
Evesham
by
his
Writs
summoned
no
less
than
64
Abbots
,
36
Priors
,
besides
the
Bishops
,
and
5.
Deans
of
Cathedrals
,
and
the
Temporal
Earls
and
Barons
,
only
23.
in
number
,
the
rest
being
slain
in
the
field
,
or
in
actual
rebellion
.
After
their
Writs
of
Summons
and
name
,
●ollows
this
Writ
or
Note
of
summons
for
Knights
,
Citizens
,
and
Burgesses
,
and
Barons
of
the
Cinqueports
.
Item
mandatum
est
singulis
Vicecomitibus
per
Angliam
,
quod
VENIRE
(
not
,
el●gi
.
)
FACIANT
duos
Milites
de
Legalioribus
,
Probioribus
,
et
discretioribus
Militibus
singulorum
Comitatuum
AD
REGEM
Londoniis
,
in
Octabis
praedictis
,
in
forma
supradicta
.
Item
in
forma
praedicta
scribitur
CIVIBUS
▪
Eborum
,
Civ●bus
Lincoln
,
&
caeteris
Burgis
Angliae
,
quod
mittant
in
forma
praedict.
DUOS
DE
DISCRETIORIBUS
▪
LEGALIORIBVS
&
PROBIORIBUS
TAM
CIVIBUS
QUAM
BURGENSIBUS
SUIS
.
Item
in
forma
praedicta
mandatū
est
Baronibus
et
probis
hominibus
Quinque
Portuum
,
prout
continetur
in
brevi
inrotulato
inferius
.
Here
the
King
1.
limited
both
the
number
and
quality
of
the
Knights
,
Citizens
and
Burgesses
,
when
first
summoned
to
our
Parliaments
:
2ly
,
He
directed
particular
Writs
to
all
Sherifs
to
summon
(
not
to
elect
by
the
choice
of
the
Freeholders
)
two
of
the
legallest
,
honestest
▪
&
discreetest
Knights
in
their
Counties
,
which
they
alone
were
then
to
make
choice
of
▪
3ly
,
He
sends
particular
Writs
to
some
(
not
all
)
Cities
,
and
the
rest
of
the
Burroughs
of
England
,
to
send
two
of
their
discreetest
,
legallest
and
honestest
Citizens
;
and
so
to
the
Cinqueports
to
send
such
Barons
to
this
Parliament
,
And
if
they
returned
any
not
thus
qualified
,
against
the
form
of
these
Writs
,
no
doubt
the
King
himself
might
refuse
,
seclude
them
:
and
he
with
his
Lords
,
were
the
sole
Judges
of
their
fitness
for
that
service
,
not
they
themselves
to
judge
of
their
own
or
their
fellow
Members
fitness
or
incapacity
.
The
first
seclusion
of
any
Knights
,
Citizens
and
Burgesses
in
Parliament
,
and
electing
others
in
their
places
,
was
by
the
King
himself
with
his
Councils
advice
,
(
not
by
the
Commons
themselves
)
for
wilfull
absence
.
Claus.
5
●
.
●
.
m.
26
dorso
:
where
divers
Knights
of
Shires
,
Citizens
and
Burgesses
departing
from
the
Parliament
held
at
London
,
without
the
Kings
special
license
,
the
King
thereupon
issued
out
Writs
to
the
Sherifs
of
Yorkshire
and
other
Counties
,
to
summon
all
such
Knights
,
Citizens
and
Burgesses
within
their
Bayliwicks
to
return
to
the
Parliament
,
vel
alios
ad
hoc
idoneos
loco
ipsorum
,
si
ad
hoc
vacare
non
possunt
,
eligere
,
&c.
or
to
cause
others
who
were
fit
to
be
elected
in
their
places
,
if
they
could
not
attend
▪
the
Parliament
;
with
sufficient
authority
from
the
Counties
,
Cities
,
and
Boroughs
,
to
consent
to
those
things
which
should
be
ordained
at
the
next
Session
of
Parliament
,
then
prorogued
to
a
certain
day
.
Here
the
King
alone
by
his
Writ
takes
authority
to
discharge
those
Knights
,
Citizens
and
Burgesses
,
who
departed
from
the
Parliament
without
his
license
,
and
would
or
could
not
attend
it
,
without
the
Commons
votes
or
assents
;
and
to
command
the
Sherif
to
elect
other
sit
persons
in
their
places
.
Claus.
4
E.
3.
m.
13
Dorso
.
The
King
having
issued
out
writs
of
Summons
to
Parliament
,
dated
Octob.
23.
The
3
of
November
following
,
he
sent
writs
to
all
Sherifs
,
to
proclaim
in
all
places
,
That
he
being
informed
of
divers
oppressions
and
injuries
done
to
sundry
people
of
his
Realm
,
by
divers
of
his
Officers
and
Ministers
,
and
likewise
by
some
of
his
Counsellors
,
by
reason
of
his
tender
age
,
to
his
damage
and
dishonour
,
which
things
he
would
not
suffer
,
and
desired
to
redresse
;
that
thereupon
any
persons
which
would
complain
of
any
oppressions
,
durances
,
and
grievances
done
to
them
against
right
,
and
the
Laws
and
Usages
of
this
Realm
,
should
repair
to
Westminster
the
next
Parliament
,
and
there
shew
their
plaints
to
him
,
and
such
as
he
should
appoint
,
where
they
should
receive
convenient
&
speedy
remedy
.
Then
follows
this
Clause
.
And
because
before
these
times
,
some
of
the
Knights
who
have
come
to
Parliament
for
the
Commnalties
of
Counties
,
have
been
people
of
covyne
,
and
maintainers
of
false
quarrels
,
and
have
not
suffered
that
good
men
should
declare
the
grievances
of
the
Common
people
,
nor
their
things
,
which
ought
to
have
been
redressed
in
Parliament
,
to
the
great
damage
of
us
and
our
people
:
We
command
and
charge
you
,
that
you
cause
to
be
chosen
by
the
common
assent
of
the
County
,
two
of
the
most
loyal
,
(
or
lawfull
)
and
most
sufficient
Knights
or
[
*
](A56189-e84570-b)
*
Esquires
,
22
E.
3.18
.
a.
26
E.
3.57
.
Fitz
Droit
37.
Sergeants
of
the
said
County
,
who
are
not
at
all
suspected
of
any
crime
,
nor
common
maintainers
of
Parties
,
to
be
at
the
said
Parliament
,
according
to
the
form
of
our
Writ
which
you
have
received
,
And
this
you
may
not
fail
to
doe
,
as
you
will
eschew
our
grievous
indignation
.
Here
the
King
by
a
special
Writ
takes
care
to
prevent
the
election
of
Knights
of
Shires
that
were
any
way
guilty
of
crime
or
maintenance
,
as
in
former
times
had
been
used
,
and
that
the
loyalles●
and
most
sufficient
Knights
or
Esquires
in
the
County
should
be
elected
by
common
consent
,
because
when
once
duly
chosen
and
returned
by
the
Counties
,
as
their
lawfull
Proxies
and
Attornies
,
and
impowred
by
them
as
such
;
neither
the
King
nor
Lords
could
justly
seclude
or
eject
them
;
much
less
the
Commons
House
(
as
they
have
ejected
Projectors
&
other
Members
of
late
times
)
having
no
such
authority
given
them
by
their
Writs
or
ret●rns
,
but
only
to
assent
to
such
things
,
as
by
the
Common
advice
of
the
King
,
Lords
,
and
Commons
shall
be
there
agreed
concerning
the
King
,
Church
,
and
Realm
;
and
being
all
of
equal
rank
and
power
,
as
Attornie
&
Proctors
for
the
Counties
,
Cities
,
and
Burroughs
,
for
which
they
serve
,
can
no
more
discharge
or
eject
one
another
,
than
one
Attorny
,
Proctor
,
Grand
Jury-man
,
Juror
,
Justice
of
Peace
,
Judge
,
Commissioner
,
or
Executor
,
discharge
or
remove
another
of
his
Colleagues
,
equally
impowred
,
intrusted
with
them
by
the
parties
they
represent
.
To
omit
the
summoning
of
sundry
Merchants
to
attend
the
Parliament
and
Council
,
to
be
advised
and
treated
with
upon
sundry
occasions
,
in
the
Clause
Rolls
of
11
,
12
,
13
,
14.
and
16
Edw.
3.
Claus.
26
E.
3.
m.
14.
dors.
there
is
a
Parliamentary
Council
summoned
,
to
wit
,
two
Knights
are
by
the
Writ
to
be
chosen
and
sent
out
of
every
Counry
,
and
but
one
Burgess
out
of
every
Burrough
:
Claus.
27
E.
3.
m.
12.
dorso
;
Summonitio
Concilii
;
the
Writ
commands
only
one
Knight
to
be
chosen
,
and
sent
out
of
every
County
,
but
2
Citizens
and
Burgesses
out
of
every
City
and
Burrough
:
And
the
Prologue
of
the
printed
Statute
of
the
Staple
made
therein
,
27
Ed.
3.
recites
,
that
there
was
in
it
only
,
of
every
County
one
Knight
for
all
the
County
,
according
to
the
limitation
in
the
Writ
.
Claus.
45
E.
3.
m.
29.
The
Parliament
having
granted
a
Subsidy
to
the
King
payable
out
of
every
parish
,
and
then
departing
,
the
King
for
the
better
and
speedier
levying
thereof
,
desired
the
advice
of
the
Commons
,
yet
would
not
put
them
to
the
trouble
to
meet
all
together
;
And
therefore
issued
out
Writs
to
summon
one
Knight
out
of
every
County
,
and
one
Citizen
and
Burgess
out
of
every
City
&
Borough
,
that
had
been
of
the
former
Parliament
,
to
meet
together
at
Winchester
.
Who
meeting
accordingly
,
had
their
expences
allowed
them
.
Dors.
22.
Here
the
King
summons
only
half
the
Commons
House
,
to
compleat
what
the
whole
had
granted
;
without
the
other
moity
,
for
their
greater
ease
and
saving
expences
.
In
the
Parliament
of
46
E.
6.
n.
13
,
14.
There
was
this
Ordinance
made
and
read
;
Because
that
men
of
Law
which
pursue
divers
businesses
in
the
Court
of
the
Kings
for
particular
persons
,
with
whom
they
are
of
Counsel
,
procure
and
make
divers
Petitions
to
be
preferred
in
Parliament
,
in
the
name
of
the
Commons
,
which
nothing
concern
them
;
but
only
those
singular
persons
,
or
those
whom
they
cause
to
put
them
in
:
as
also
Sherifs
,
which
are
common
Officers
to
the
people
,
and
ought
to
reside
upon
their
Office
,
to
doe
right
to
every
man
,
are
named
,
and
have
been
before
th●se
hours
retorned
Knights
of
Shires
in
Parliaments
by
the
same
Sherifs
.
It
is
agreed
and
assented
in
this
Parliament
,
that
from
henceforth
no
man
of
Law
pursuing
businesses
in
the
Courts
of
the
King
,
nor
Sherif
,
for
the
time
that
he
is
Sherif
,
shall
be
returned
or
accepted
Knights
of
Shires
;
and
that
those
who
are
men
of
Law
and
Sherifs
now
returned
to
Parliament
shall
have
no
wages
.
But
;
THE
KING
WILL
that
Knights
and
[
*
](A56189-e84850-b)
*
Esquires
.
SERJEANTS
of
the
best
esteem
in
the
Country
,
shall
be
henceforth
returned
Knights
in
Parliament
,
and
that
they
shall
be
chosen
in
full
County
.
Sir
Edward
Cook
inform
us
,
That
this
Ordinance
was
made
in
the
Lords
house
,
practising
Lawyers
and
Sherifs
,
to
be
elected
knights
of
Shires
for
the
future
.
2ly
.
of
depriving
them
of
wages
,
though
elected
for
that
Parliament
before
the
Ordinance
made
;
but
not
of
ejecting
them
out
of
the
House
when
duly
elected
,
because
till
now
there
was
no
Law
or
Ordinance
against
their
choice
.
3ly
.
Of
rejecting
and
refusing
to
accept
such
for
knights
,
if
elected
and
returned
after
this
Ordinance
;
as
the
words
,
no
accepted
chivalers
des
Countees
,
superadded
too
ne
●oient
returnez
imply
.
4ly
.
By
vertue
of
this
Ordi●ance
,
all
Sherifs
of
Counties
have
been
not
only
disabled
,
but
prohibited
to
be
elected
knights
,
&
Members
of
the
Commons
House
,
by
this
special
Clause
inserted
into
all
writs
for
elections
.
Nolumus
autem
quod
tu
,
vel
aliquis
alius
Vicecomes
ALIQUALITER
SIT
ELECTUS
.
Now
the
Writ
being
the
sole
authority
and
ground
for
all
elections
,
prescribing
the
Freeholders
to
elect
2
of
the
most
discreet
,
fit
&
sufficient
persons
,
and
precisely
inhibiting
the
election
of
any
Sherifs
in
any
sort
,
either
for
Knights
,
Citizens
,
or
Burgesses
,
by
vertue
of
this
Ordinance
.
The
elections
of
such
are
meerly
void
,
and
the
King
and
Lords
may
justly
seclude
them
,
if
e●ected
and
retorned
whiles
Sherifs
.
5ly
.
As
Sherifs
have
been
secluded
by
this
Clause
and
Ordinance
ever
since
;
so
in
the
Parliament
of
6
H.
4.
All
Apprentices
,
and
other
men
at
Law
,
were
likewise
secluded
by
this
special
Clause
inserted
into
the
Writs
of
Summons
.
Nolumus
autem
quod
tu
,
seu
aliquis
alius
Vicecomes
regni
nostri
,
aut
Apprentius
,
aut
aliquis
alius
homo
ad
Legem
aliqualiter
sit
electus
,
as
appears
by
the
Exem
.
●ca●ron
thereof
in
the
Claus
.
Roll
of
5
H.
4.
pars
2.
m.
4
,
dorso
,
in
the
Tower
,
(
which
I
have
viewed
with
mine
own
eyes
)
by
sundry
transcripts
thereof
in
Manuscripts
,
and
by
this
testimony
of
Thomas
Walsingham
,
who
lived
,
Edward
Cook
,
(
who
is
not
only
full
of
mistakes
and
mis-recitals
of
Records
,
but
most
confident
in
them
)
citing
this
passage
of
Walsingham
thus
bodly
contradicts
him
,
But
the
Historian
is
deceived
,
for
there
is
no
such
Clause
in
these
Writs
,
but
it
was
wrought
by
the
Kings
Letters
by
pretext
of
an
Ordinance
in
the
Lords
House
,
in
46
E.
3.
when
as
the
Writ
it self
in
the
Clause
Roll
,
concurring
which
Walsingham
,
ascertains
me
,
that
Sir
Edward
himself
was
deceived
,
not
the
Historian
,
by
whom
,
or
upon
what
mis-information
I
know
not
.
And
that
he
was
so
in
truth
,
we
have
his
own
expresse
confession
and
testimony
against
himself
within
few
leaves
after
.
At
the
Parliament
holden
at
Coventry
,
Anno
6
H.
4.
the
Parliament
was
summoned
BY
WRIT
,
and
by
co●ler
of
the
said
Ordinance
of
Parliament
in
the
Lords
House
,
in
46
E.
3.
it
was
forbidden
,
that
no
Lawyer
should
be
chosen
,
Knight
,
Citizen
,
or
Burgess
by
reason
whereof
this
Parliament
was
fruitless
,
and
never
a
good
Law
made
thereat
,
and
therefore
called
Indoctum
Parliamentum
,
or
Lack-latin
Parliament
:
And
seeing
these
Writs
were
against
Law
▪
(
ergo
this
Clause
against
Lawyers
elections
was
in
the
Writs
themselves
)
Lawyers
ever
since
,
(
for
the
great
and
good
service
of
the
Commonwealth
)
have
been
eligible
:
And
then
contradicting
himself
again
in
the
very
next
lines
,
he
addes
:
And
albeit
the
prohibiting
clause
had
been
inserted
in
the
Writ
(
implying
it
was
not
)
yet
b●i●g
against
Law
,
Lawyers
were
of
right
eligible
,
and
might
have
been
elected
Knights
Citizens
or
Burgesses
in
that
Parliament
of
6
H.
4.
His
reason
is
,
because
Lawyers
being
eligible
of
Common
right
,
cannot
be
disabled
by
the
said
Ordinance
of
Parliament
in
the
Lords
House
,
being
no
Act
,
though
Acts
and
Ordinances
of
Parl.
are
both
the
same
in
substance
vigor
,
(
as
I
have
elsewhere
proved
at
large
against
his
New
false
Doctrine
to
the
contrary
.
Clause
8
E.
2.
m.
31.
The
chief
Justice
,
and
other
Officers
of
Ireland
,
and
R.
de
Burgo
Earl
of
Vlton
,
are
sent
for
by
Writ
to
come
to
the
Parliament
of
England
,
ad
tractandu●
cum
Praelatis
et
Proceribus
de
regno
nostro
praedicto
,
Claus.
50
E.
3.
part
.
●
.
m.
23.
Pro
Hibernis
de
Hibernia
venientibus
ad
Parliamentum
Angilae
,
there
is
a
Writ
directed
to
the
Justices
and
Chancellor
of
Ireland
,
Quod
de
Communitate
Comitatuum
&
Burgorum
terrae
praedictae
faciatis
habere
per
Breve
de
magno
sigillo
nostro
hominibus
ejusdem
terrae
nostrae
praedictae
regnum
nostrum
▪
Angliae
penes
Concilium
nostrum
,
pro
Communitate
Comitatuum
&
Burgorum
,
ultimo
venientibus
;
videlicet
euilibet
eorum
de
Communitate
Comitatus
,
pro
quo
electus
fui●
,
sive
Civitatis
,
sive
Burgi
,
rationabiles
expensas
suas
,
&c.
Teste
25
Julii
.
The
Parliament
ended
the
10th
.
of
July
.
By
which
Writ
it
is
apparent
,
That
not
only
the
great
Officers
,
and
some
Nobles
,
but
likewise
knights
and
Burgesses
were
sometimes
summoned
,
and
chosen
in
Ireland
to
come
to
this
Parliament
of
England
,
and
had
Writs
for
wages
allowed
them
.
These
varieties
of
the
Kings
writs
for
electing
Knights
and
Burgesses
,
summoning
sometimes
4.
sometimes
2.
sometimes
but
one
Knight
out
of
a
County
;
most
times
2
Citizens
and
Burgesses
,
sometimes
but
one
;
limiting
the
qualifications
of
their
persons
,
and
summoning
not
only
Great
Officers
and
Peers
,
but
likewise
,
Knights
,
Citizens
and
Burgesses
out
of
Ireland
,
and
particular
persons
by
name
amongst
the
Commons
,
as
in
32
Ed.
3.
part
2.
m.
32.
dorso
,
together
with
his
making
of
new
Burroughs
by
his
Patents
,
and
authorizing
them
to
send
Burgesses
to
Parliam
.
when
they
never
sent
any
before
,
there
being
now
three
times
as
many
Burgesses
of
Parliament
as
there
were
in
the
reigns
of
King
Edward
the
1
,
2
,
and
3.
(
as
appears
by
the
Writs
in
the
Dorse
of
the
Clause
Rolls
,
for
their
expences
and
wages
)
are
clear
proofs
and
evidences
,
that
the
King
and
his
Council
in
the
Lords
House
,
are
the
sole
Judges
of
the
elections
of
the
Knights
,
Citizens
,
Burgesses
of
the
Commons
House
;
and
that
they
themselves
have
no
power
at
all
to
seclude
or
eject
any
persons
duly
elected
,
and
sent
thither
by
the
Kings
Writs
,
though
more
or
less
than
usual
,
or
from
new
erected
Burroughs
.
And
if
any
City
or
Burrough
which
sends
Members
to
the
Commons
House
by
the
kings
Charter
or
usage
forfeit
their
Charters
and
Privileges
,
for
which
the
king
seiseth
them
into
his
hands
,
as
in
49
H.
3.
he
seised
Londons
and
others
Liberties
,
and
Cambridges
since
;
he
may
deny
to
send
them
Writs
to
elect
Citizens
or
Burgesses
,
till
their
Franchises
be
restored
,
and
their
Charters
renewed
,
and
deny
to
grant
them
this
liberty
of
Election
any
more
if
he
please
,
proceeding
from
his
meer
grace
and
grant
to
them
at
first
,
and
so
to
be
restored
out
of
Grace
,
not
Justice
,
when
forfeited
by
their
default
.
The
Statute
of
5
R.
2.
Parl.
2.
c.
4.
The
King
willeth
and
commandeth
,
&
it
is
assented
to
by
the
Prelates
,
Lords
and
Commons
,
That
all
persons
which
shall
from
henceforth
receive
the
Summons
of
Parliament
,
be
he
Archbishop
,
Bishop
,
Abbot
,
Peer
,
Duke
,
Earl
,
Baron
,
Baronet
,
knight
of
the
Shire
,
Citizen
of
the
City
,
Burgess
of
the
Burgh
,
or
other
singular
person
or
Commonalty
,
and
come
not
at
the
said
Summons
(
except
he
may
reasonably
and
honestly
excuse
himself
to
our
Soveraign
Lord
the
King
)
he
shall
be
amerced
▪
and
otherwise
punished
,
as
of
old
times
hath
been
used
to
be
done
within
this
Realm
.
Here
the
Excuse
is
to
be
made
by
the
Knights
,
Citizens
,
Burgesses
and
Commons
,
as
well
as
Lords
Spiritual
and
Temporal
,
to
THE
KING
,
not
Commons
House
;
and
if
they
cannot
excuse
themselves
unto
him
,
then
they
are
to
be
amerced
,
as
of
old
time
have
been
used
:
And
that
was
never
by
the
Commons
House
,
but
rather
by
the
King
,
with
the
Lords
assent
in
Parliament
,
Edward
Cook
himself
confesses
,
and
proves
by
the
Cases
of
Segrave
,
St.
Amand
,
and
others
,
Placitae
In
Parliamento
Dom.
Regis
,
33
E.
1.
The
Bishop
of
Winchesters
Case
,
Pas.
3
E.
3.
coram
Rege
,
Rot.
9.
attached
for
a
contempt
in
departing
from
the
Parliament
,
during
its
sitting
,
without
the
Kings
license
,
and
contrary
to
the
Kings
inhibition
,
in
contempt
of
the
King
:
who
pleaded
,
that
this
contempt
ought
to
be
corrected
and
amended
in
Parliament
by
the
Peers
,
and
not
else
where
in
any
inferiour
Court.
3
E.
3.19
.
Fitz
Corone
161.
Stanford
,
f.
153
▪
3
and
4
Phil.
and
Mar.
B.
R.
rot.
39.
&
is
most
clear
by
31
H.
6.
n.
45
,
46.
where
special
fines
are
taxed
on
absent
Lords
,
by
the
Lords
assent
.
Therefore
the
Commons
House
cannot
fine
or
tax
their
Members
,
as
now
they
doe
,
since
they
never
did
it
before
this
act
,
and
therefore
are
prohibited
by
it
;
which
restrains
them
to
ancient
usage
before
it
.
In
7
R.
2.
The
Lord
Thomas
Camoyes
,
a
Peer
of
the
Realm
,
being
elected
Knight
of
the
Shire
for
Surrey
by
the
Freeholders
of
the
County
,
the
King
himself
discharged
him
by
special
Writ
,
and
commanded
the
Sherif
to
cause
another
fit
person
to
be
elected
in
his
place
,
as
I
formerly
proved
,
p.
139
,
145.
I
read
in
Thomas
of
Walsingham
,
that
King
Richard
the
3.
in
the
11
year
of
his
reign
,
intending
to
call
a
Parliament
,
summoned
all
the
Sherifs
of
England
to
Nottingham
Castle
,
inquiring
of
them
,
What
power
they
could
raise
for
him
in
every
County
against
the
Barons
?
and
charging
them
,
ut
ipsi
nullum
Militem
d●
Pago
vel
Schira
permitterent
eligi
,
nisi
quem
Rex
et
ejus
Concilium
elegissent
,
(
who
it
seems
gave
them
a
list
of
the
Names
of
those
persons
they
should
elect
and
return
,
as
the
Major
Generals
have
newly
done
:
)
Whereunto
the
Sherifs
answered
:
That
all
the
Commons
favoured
the
Lords
,
neither
was
it
in
their
power
to
raise
any
Army
or
Forces
in
this
cause
.
De
Militibus
eligendis
dixerunt
,
Communes
velle
tenere
consuetudines
usitatas
,
quae
volunt
,
quod
à
Communibus
Milites
eligantur
.
Whereupon
they
were
dismissed
.
Upon
this
the
King
soon
after
issuing
out
Writs
to
the
Sherifs
to
elect
Knights
and
Burgesses
for
the
Parliament
,
inserted
this
unusual
Clause
into
them
:
that
they
should
chuse
such
Knights
,
as
were
most
fit
and
discreet
,
and
in
the
modern
debates
(
between
the
king
and
Lords
most
indifferent
:
as
the
Writs
themselves
attest
.
[
(1)
](A56189-e86070-b)
(1)
Claus
.
11.
R.
2.
m.
24.
dorso
.
Rex
Vic.
Kanc.
salutem
:
quia
de
avisamento
Consilii
nostri
pro
quibusdum
arduis
&
urgentibus
negotiis
nos
,
statum
et
defensionem
Regni
nostri
Angliae
,
ac
Ecclesiae
Anglicanae
contingentibus
,
quoddam
Parliamen●um
nostrum
apud
Westm.
in
crastino
purificationis
beatae
Ma●iae
prox
.
futur
.
teneri
Ordinavimus
,
et
ibidem
vobiscum
,
ac
cum
Praelatis
,
Magnatibus
,
&
Proceribus
Regni
nostri
Angliae
,
colloquium
habere
&
tractatum
;
tibi
praecipimus
firmiter
injungentes
quod
de
Comitatu
tuo
duos
Milites
gladiis
cinctos
,
magis
idoneos
et
discretos
,
Com.
praed.
et
in
debatis
modernis
magis
indifferentes
,
&c.
T.
R.
apud
Wyndesore
,
xvii
.
die
Dec.
Per
ipsum
Regem
.
But
the
King
being
soon
after
informed
by
his
Council
,
that
these
Writs
were
contrary
to
the
antient
form
of
elections
,
and
contrary
to
the
Liberty
of
the
Lords
and
Commons
hitherto
obtained
;
sent
out
new
writs
to
all
Sherifs
of
England
to
revoke
and
repeal
this
Innovating
Clause
,
before
the
Elections
made
.
Rex
Vic.
Kanc
〈…〉
licet
nuper
per
breve
nostrum
inter
caetera
tibi
praec●pimus
firmiter
injungentes
,
[
(2)
](A56189-e86230-b)
(2)
Claus.
11
R.
2.
m.
23.
dorso
.
quod
de
Comitatu
tuo
duos
Milites
,
gladiis
cinctos
,
magis
idoneos
et
discret●s
Com.
prad
.
et
〈◊〉
debatis
●dernis
magis
indifferentes
eligi
,
〈…〉
Parliamentum
nostrum
quod
apud
Westm.
in
Crist
〈◊〉
purifiecationis
b●atae
Mariae
,
pro●
.
futur
.
ten●re
Ordi●avimu●
:
ad
e●sdem
idem
&
〈◊〉
ve●ire
facere●
.
Nos
tamen
attendent●s
,
dictam
clausulam
,
in
debatis
modernis
magis
indifferentes
,
contra
formam
electionis
antiquitus
usitatae
,
ac
contra
libertatem
Dominorum
et
Communitatis
Regni
nostri
Angliae
hactenus
obtentam
existere
:
Volen●esque
proinde
praedictos
Milites
libere
eligi
,
modo
et
forma
prout
antiquitus
fieri
consuerit
;
Tibi
praecimus
firmiter
in●ungentes
,
quod
de
Com.
tuo
praedicto
duos
milites
gladiis
cinctos
magis
idoneos
&
discretos
Com.
praedicti
,
prout
hactenus
fieri
consuevit
eligi
,
&
eos
ad
pradictos
diem
&
locum
venire
fac
.
dicta
clausula
non
obstante
:
caeteraque
omnia
et
singula
in
dicto
brevi
nostre
contenta
fac.
&
exequaris
juxta
tenorem
ejusdem
,
dictam
clausulam
penitus
omittens
.
Et
habeas
ibi
hoc
breve
et
aliud
breve
.
T.
R.
apud
Westm.
primo
die
Jan.
Per
ipsum
Regem
et
Consillum
.
Consimilia
brevia
diriguntur
singulis
Vicocomitibus
per
Angl.
Ac
carissimo
Aqun●ulo
R.
Johanni
Regi
Castell
.
et-Legionis
,
Duci
Lancastr
.
vel
ejus
Cancellar
,
in
eodem
Ducatu
sub
eadem
da●a
.
A
clear
evidence
,
that
neither
the
Sherifs
nor
Commons
house
had
any
power
to
repell
this
new
Clause
,
but
the
King
himself
,
which
here
he
did
by
his
Council●
Apples
,
before
any
complain
against
it
in
Parliament
.
In
the
[
(3)
](A56189-e86410-b)
(3)
An
Exact
abridgement
,
p.
346
,
347.
Parliament
of
16
R.
2.
n.
6.
&c.
The
Wednesday
after
the
Parliament
began
,
Sir
Philip
Courtney
,
returned
by
the
Sherif
of
Devon
for
one
of
the
Knights
for
that
County
,
came
before
the
King
in
full
Parliament
,
and
said
,
that
he
understood
,
how
certain
people
had
accused
and
slandered
him
to
the
King
and
Lords
,
as
well
by
Bill
as
by
mouth
,
of
heinous
matters
;
and
therefore
prayed
to
be
discharged
of
the
said
imployment
,
until
the
said
accusations
and
complaints
were
tried
,
and
found
true
,
or
not
true
:
and
because
his
said
prayer
seemed
honest
to
the
King
and
the
Lords
,
the
King
granted
him
his
request
▪
and
discharged
him
in
full
Parliament
:
and
the
Monday
following
,
at
the
instance
and
prayer
of
the
Commons
,
the
King
granted
,
that
he
should
be
restored
and
remitted
to
his
place
,
according
to
the
return
of
the
said
Sherif
,
for
to
counsel
and
doe
that
which
belonged
unto
his
office
;
and
af●er
,
because
he
had
been
good
and
treatable
with
those
who
had
complained
upon
him
,
and
condescended
to
a
good
treaty
,
he
was
restored
in
full
Parliament
to
his
good
fame
.
The
charge
against
him
is
expressed
in
the
same
Parliament
roll
,
n.
13
,
14.
where
two
Petitions
are
preferred
against
him
to
THE
KING
and
LORDS
IN
PARLIAMENT
,
for
putting
Thomas
Pontyngdon
forciblyout
of
possession
of
the
Ma●or
of
Bygeloge
without
just
cause
,
and
Richard
Somestre
out
of
other
lands
,
&
detaining
them
from
them
,
he
being
so
powerfull
in
the
County
,
that
no
poor
man
durst
to
sue
him
.
Which
Petitions
were
referred
by
consent
in
Parliament
to
certain
Arbitrators
to
determine
.
In
the
[
*
](A56189-e86520-b)
*
An
Exact
abridgement
,
p.
417.
Parliament
of
4
H.
4.
n.
19
,
20
,
21.
upon
these
and
other
Petitions
,
of
forcible
disseisins
,
and
for
imprisoning
the
Abbot
of
Meniham
in
Devonshire
,
THE
KING
&
LORDS
adjudged
,
that
this
Sir
Philip
Courtney
should
be
bound
to
his
good
behaviour
,
and
committed
to
the
Tower
for
his
contempt
.
From
which
records
it
is
evident
:
First
,
that
Members
of
the
Commons
house
may
be
complained
and
petitioned
against
for
misdemeanors
,
and
put
to
answer
▪
before
the
King
and
Lords
in
Parliament
,
and
there
fined
and
judged
(
not
before
the
Commons
house
)
and
that
this
was
the
antient
way
of
proceeding
.
Secondly
,
that
the
In
the
[
(4)
](A56189-e86640-b)
(4)
Exact
abridgement
,
p.
354·
Parliament
of
17
Rich.
2.
num.
23.
It
was
accorded
and
resolved
by
the
King
and
Lords
,
at
the
Complaint
,
petition
,
request
of
the
Commons
,
that
Roger
Swinerton
who
was
endited
of
the
death
of
one
of
their
companions
,
Iohn
de
Ipstones
,
Knight
of
the
said
Parliament
for
the
County
of
Stafford
,
slain
in
coming
towards
the
said
Parliament
by
the
said
Roger
,
should
not
be
delivered
out
of
prison
,
wherein
he
was
detained
for
this
cause
,
by
bail
,
mainprise
,
or
any
other
manner
,
until
he
had
made
answer
thereunto
,
and
should
be
delivered
by
the
Law
:
The
Commons
alone
by
their
own
power
having
no
authority
to
make
such
an
order
,
even
for
the
murther
of
one
of
their
own
Members
,
without
the
King
and
Lords
,
who
made
this
ordinance
at
their
request
.
I
find
this
objected
against
King
Richard
the
2.
That
he
frequently
sent
his
Mandates
to
Sherifs
,
to
return
certain
persons
named
only
by
himself
,
and
not
freely
chosen
by
the
people
,
to
be
knights
of
Shires
,
thereby
to
effect
his
own
ends
,
and
oppress
the
people
with
Subsidies
,
But
yet
I
find
not
in
all
his
reign
any
one
Knight
thus
unduly
returned
,
questioned
by
the
Commons
,
or
suspended
the
House
,
much
less
ejected
by
them
,
or
by
the
King
and
Lords
upon
the
Commons
complaint
thereof
unto
them
.
A
clear
evidence
they
had
then
no
such
power
to
eject
their
Members
for
being
unduly
elected
,
returned
,
as
how
they
use
.
In
the
Parliament
of
20
R.
2.
n.
14
,
15
,
16
,
17.
The
King
being
highly
[
(5)
](A56189-e86770-b)
(5)
An
Exact
abridgement
,
p.
361
,
362.
offended
with
the
Commons
for
receiving
Haxyes
Bill
,
said
,
that
the
Commons
thereby
had
committed
an
offence
against
him
,
his
dignity
and
liberty
,
the
which
he
willed
THE
LORDS
to
declare
the
next
day
to
the
Commons
:
Who
thereupon
delivering
up
the
Bill
,
came
fort
with
before
the
King
,
shewing
themselves
very
sorrowfull
,
declaring
to
him
,
that
they
meant
no
harm
,
and
submitting
themselves
to
the
King
herein
,
most
humbly
craved
his
pardon
.
Whereupon
the
Chancellor
by
the
Kings
commandment
declared
,
That
the
King
held
them
excused
,
and
the
King
by
mouth
declared
,
how
many
wayes
they
were
bound
unto
him
.
Lo
here
the
whole
House
of
Commons
submit
themselves
to
the
King
in
the
House
of
Lords
,
as
Judges
of
them
and
their
misdemeanors
in
Parliament
,
and
crave
pardon
for
offending
him
.
In
the
[
(6)
](A56189-e86870-b)
(6)
An
Exact
abridgement
,
p.
408.
Parliament
of
2
H.
4.
n.
45
,
46.
The
Commons
house
petitioning
the
King
,
that
the
Act
for
his
moderation
of
the
Statute
against
Provisions
might
be
examined
,
for
as
much
as
the
time
was
recorded
otherwise
than
was
agreed
by
them
.
The
King
granted
thereunto
by
protestation
,
that
the
same
should
be
no
example
,
where
after
Examination
by
the
Bishops
and
Lords
,
they
affirmed
the
same
to
be
duly
entred
;
which
the
King
also
remembred
.
Whereupon
the
COMMONS
the
same
day
(
for
this
their
misinformation
)
came
into
the
Lords
House
,
and
knéeling
before
the
King
▪
beseeched
the
King
to
pardon
them
,
if
happily
they
through
ignorance
had
or
should
offend
him
:
which
the
King
granted
.
Here
the
Bishops
and
Lords
are
Judges
of
the
Commons
misinformation
&
misentry
of
an
Act
,
and
the
King
of
their
Offence
against
him
in
Parliament
by
this
misinformation
;
which
he
pardons
them
upon
their
humble
submission
,
and
no
doubt
might
have
punished
them
for
it
,
by
the
Lords
assent
and
advice
,
had
he
pleased
.
So
farr
are
they
from
being
Judges
in
Parliament
,
that
themselves
may
there
be
judged
,
if
they
therein
offend
,
as
all
their
Speakers
usual
protestations
and
petitions
to
the
King
when
presented
,
evidence
.
[
(h)
](A56189-e86970-b)
(h)
See
Cook
,
4
Instit.
p.
8.
The
Freeholders
grand
Inquest
,
p.
56
,
58.
That
the
Commons
may
have
liberty
of
speech
,
and
that
if
any
.
Members
in
the
House
of
Commons
,
in
communication
and
reasoning
should
speak
more
largely
than
of
duty
they
ought
to
doe
,
that
all
such
offences
may
be
pardoned
:
which
the
King
may
punish
if
there
be
cause
,
un●e●●●
he
pardon
it
of
record
,
upon
the
Speakers
Protestation
before
hand
.
Sir
[
(i)
](A56189-e87020-b)
(i)
4
Inst.
p.
8.
Edward
Cook
himself
(
as
well
as
the
Parliament
Rolls
,
and
experience
)
informs
us
of
these
particulars
touching
the
Speakers
of
the
Commons
House
in
Parliament
,
their
chiefest
Member
.
1.
[
(k)
](A56189-e87040-b)
(k)
See
my
Table
of
Speakers
to
an
Exact
abridgement
&
Title
,
Parliment
and
Commons
.
That
though
the
Commons
are
to
chuse
their
own
Speaker
(
and
that
by
the
kings
special
command
and
license
to
them
in
every
Parliament
since
they
had
one
,
not
with
due
●
,
who
likewise
prescribes
them
the
time
when
to
present
him
)
yet
the
use
is
,
(
as
in
the
Conge
de
esl●yer
of
a
Bishop
)
that
the
king
doth
name
a
discreet
and
learned
man
to
them
,
whom
the
Commons
do
e●ect
(
pro
form●
only
)
because
he
cannot
be
appointed
for
them
without
their
election
,
being
their
mouth
,
and
●usted
by
them
.
2ly
.
That
after
the
Commons
choice
the
King
may
refuse
him
.
3ly
.
That
after
he
is
chosen
,
he
must
be
presented
to
the
king
by
the
Commons
in
the
Lord●
House
for
his
approbation
and
confirmation
in
that
pla●s
,
the
Commons
sending
up
some
of
their
Members
to
acquaint
the
Lords
Spiritual
and
Temporal
,
[
*
](A56189-e87120-b)
*
Rot.
Parl.
23
and
25
H.
6.
n.
9
,
10.
that
according
to
the
Kings
command
they
had
chosen
such
a
one
their
Speaker
,
and
are
ready
to
present
him
at
the
●me
appointed
▪
4ly
.
That
where
he
is
thus
presented
,
he
is
in
disable
himself
for
so
weighty
a
service
,
and
to
make
sut●
to
the
King
to
be
discharged
,
and
a
more
sufficient
man
chosen
in
his
place
:
To
which
I
shall
adde
,
that
upon
this
excuse
the
king
may
discharge
him
if
he
please
,
and
command
the
Commons
to
elect
another
;
as
King
[
(m)
](A56189-e87150-b)
(m)
Exact
Collection
,
p.
640.
Henry
the
●
.
did
discharge
Sir
John
Popham
when
presented
Speaker
to
him
by
the
Commons
,
in
the
Parliament
of
26
H.
6.
n.
●
.
upon
his
excuse
;
Whereupon
William
Tresham
was
elected
in
his
place
,
presented
to
,
and
approved
by
the
King
,
n.
7.
5ly
.
That
when
he
is
elected
and
approved
,
yet
in
case
of
sickness
,
and
infirmity
he
may
be
removed
,
and
another
chosen
and
presented
in
his
place
,
(
and
that
upon
the
Commons
special
Petition
to
the
king
in
his
behalf
,
out
of
his
meer
Grace
to
discharge
him
,
and
accept
of
another
)
Thus
in
the
[
(n)
](A56189-e87230-b)
(n)
Exact
collect
.
p.
390
,
534
,
535
,
618
,
619
,
620.
Parliament
of
1
H.
4.
n.
62
,
63
,
64.
Sir
John
Cheyney
Knight
,
after
his
election
and
approbation
was
discharged
,
and
Sir
John
Dorew
Knight
elected
,
presented
,
and
admitmitted
by
the
Kings
license
,
to
be
Speaker
in
his
room
.
So
in
the
Parliament
of
1
H.
5.
n.
n.
7
,
9
,
10.11
.
Will
.
Sturton
Esquire
,
after
he
was
chosen
and
allowed
Speaker
,
was
removed
for
grievous
sickness
,
and
John
Doreward
chosen
in
his
place
.
At
the
Parliament
holden
15
H.
6.
n.
10
,
27.
Sir
John
Tirril
knight
was
chosen
and
allowed
,
yet
removed
for
grievous
sickness
,
and
William
Beerell
chosen
in
his
place
,
and
that
by
the
Kings
special
license
and
approbation
,
to
whom
all
those
new
Speakers
were
again
presented
by
the
Commons
,
for
his
royal
assent
thereto
.
6ly
.
That
if
he
be
altered
by
his
Majesty
(
by
[
(o)
](A56189-e87380-b)
(o)
See
23
&
25
H.
6.
n.
9
,
10.
assent
of
the
Council
&
Lords
,
as
the
entry
is
in
the
Parliament
Rolls
)
then
he
maketh
a
protestation
,
or
Petition
to
the
king
(
which
consisteth
of
three
parts
.
)
1.
That
the
Commons
in
this
Parliament
may
have
freedom
of
speech
,
as
of
right
and
custom
they
have
used
,
and
all
their
antient
[
(p)
](A56189-e87420-b)
(p)
See
Dyer
f.
60.
a.
and
just
Privileges
and
Liberties
allowed
them
(
which
the
King
usually
granted
with
this
caution
)
That
he
hoped
,
or
,
doubted
not
[
(q)
](A56189-e87440-b)
(q)
Rot.
Parl.
H.
4.
n.
10.
An
Exact
Abridgement
,
p.
471.
See
the
Freeholders
Grand
Inquest
p.
56
,
58.
That
the
Members
would
not
speak
any
unfitting
words
,
or
abuse
this
freedom
and
privilege
;
for
abuse
whereof
some
have
been
committed
Prisoners
to
the
Tower
by
our
Kings
and
Queens
command
.
2ly
:
That
if
he
shall
commit
any
Error
in
any
thing
he
shall
deliver
in
the
name
of
the
Commons
,
no
fault
may
be
imputed
to
the
Commons
,
and
that
he
may
resort
again
to
them
for
declaration
of
his
good
intent
,
and
that
his
Error
may
be
pardoned
.
3ly
.
That
as
often
as
necessity
for
his
Majesties
service
,
and
the
good
of
the
Common-wealth
shall
require
,
he
may
by
direction
of
the
House
of
Commons
have
access
to
his
Majesty
.
If
then
the
King
hath
the
sole
power
and
jurisdiction
thus
to
nominate
,
approve
,
confirm
,
disallow
,
refuse
,
discharge
and
remove
the
very
Speakers
of
the
Commons
House
themselves
,
and
not
the
Commons
,
but
by
and
with
his
special
license
,
grace
,
and
royal
assent
:
yea
,
to
grant
them
freedom
of
speech
,
and
their
usual
Privileges
and
liberties
every
Parliament
upon
their
Petition
,
and
to
pardon
theirs
and
their
Speakers
Errors
,
and
that
sitting
in
the
Lords
House
with
their
assents
,
then
doubtlesse
the
king
and
Lords
alone
,
are
the
sole
Judges
of
the
Speakers
,
and
all
other
Members
of
the
Commons
House
,
and
have
the
sole
power
to
judge
of
their
undue
elections
,
retorns
,
misdemeanors
,
breaches
of
Privileges
,
and
all
other
matters
concerning
their
Membership
,
not
the
Commons
;
And
if
they
can
neither
constitute
,
elect
nor
remove
their
own
Speaker
for
sickness
,
or
any
other
cause
,
without
the
kings
privity
and
consent
declared
in
the
House
of
Lords
;
much
lesse
can
they
suspend
,
seclude
,
or
eject
any
Member
out
of
the
House
,
when
chosen
and
returned
by
the
Freeholders
,
Citizens
,
or
Burgesses
,
as
their
Attorny
or
Trustee
in
equal
power
with
themselves
,
without
the
Kings
or
Lords
consents
,
for
any
pretext
of
unfitness
or
undue
election
.
And
if
the
king
(
as
Sir
Edward
Cook
grants
,
and
these
presidents
prove
)
may
discharge
the
Speaker
from
his
Office
for
grievous
sickness
and
inability
to
discharge
it
;
I
mak
no
question
but
he
may
likewise
,
upon
the
like
Petition
of
the
Commons
or
Speaker
,
discharge
him
of
his
attendance
in
the
House
,
or
any
other
Member
for
the
self
same
reason
,
and
grant
a
Writ
to
elect
another
able
and
fitting
person
in
his
place
,
according
to
the
opinion
of
38
H.
8.
Brooks
Parliament
,
7.
and
Crompton
in
his
Jurisdiction
of
Courts
,
f.
16.
approved
by
the
whole
House
of
Commons
,
and
accordingly
practised
in
38
H.
8.
against
[
(r)
](A56189-e87530-b)
(r)
4
Inst.
p.
8.
Sir
Edward
Cooks
bare
opinion
(
without
reason
)
to
the
contrary
.
In
the
Parliament
holden
at
Westminster
5
H.
4.
rot.
Parl.
n.
38.
[
(s)
](A56189-e87580-b)
(s)
Exact
Abridgement
,
p.
429.
Thomas
Thorp
his
Case
,
Item
▪
because
that
the
Writ
of
Summons
of
Parliament
returned
by
the
Sherif
of
Roteland
was
not
sufficiently
nor
duly
returned
as
the
Commons
conceived
▪
the
said
Commons
prayed
our
Lord
the
King
,
and
the
Lords
in
Parliament
,
that
this
matter
might
be
duly
examined
in
Parliament
,
and
that
in
case
ther●
shall
be
default
found
in
this
matter
,
that
such
a
punishment
might
be
inflicted
,
which
might
become
exemplary
to
others
to
offend
again
in
the
like
manner
:
Whereupon
〈◊〉
said
Lord
the
King
,
in
full
Parliament
,
commanded
the
Lords
in
Parliament
to
examine
the
said
matter
,
and
to
do
therein
as
to
them
should
seem
best
in
their
discretions
.
And
thereupon
the
said
Lords
caused
to
come
before
them
in
Parliament
,
as
well
the
said
Sherifs
,
at
William
Oneby
,
who
was
returned
by
the
said
Sherif
for
one
of
the
Knights
of
the
said
County
,
and
Thomas
Thorp
,
who
was
elected
in
full
Countie
to
be
one
of
the
Knights
of
the
said
Shire
,
for
the
said
Parliament
,
and
not
returned
by
the
said
Sherif
.
And
the
said
parties
being
duly
examined
,
and
their
reasons
well
considered
,
in
the
said
Parliament
,
it
was
agreed
by
the
said
Lords
,
that
because
the
said
Sherif
had
not
made
a
sufficien●
return
of
the
said
Writ
,
that
he
shall
amend
the
said
return
,
and
that
he
shall
return
the
said
Thomas
for
one
of
the
said
Knights
,
as
he
was
elected
in
the
said
County
for
the
Parliament
:
and
moreover
that
the
said
Sherif
for
this
default
shall
be
discharged
of
his
Office
,
any
committed
Prisoner
to
the
Flee●
,
and
that
he
should
make
sins
and
ransome
at
the
Kings
pleasures
.
●o●
here
the
Lords
in
Parliament
,
at
the
Commons
request
,
and
by
the
Kings
command
,
examine
and
give
judgement
in
case
of
an
undue
election
,
and
retorn
,
even
without
the
Commons
.
In
this
same
Parliament
Richard
Cheddar
Esquire
,
a
menial
servant
and
attendant
on
Sir
Thomas
Brook
,
chosen
one
of
the
Knights
to
serve
in
Parliament
for
the
County
of
Somerset
,
was
horribly
beaten
,
wounded
,
blemished
and
maimed
by
one
John
Savage
:
Whereupon
the
Commons
complained
thereof
to
the
King
and
Lords
,
petitioning
them
for
redress
both
in
his
particular
case
for
the
present
,
and
all
others
of
that
nature
for
the
future
,
[
(u)
](A56189-e87850-b)
(u)
Exact
abridgement
,
p.
433.
that
they
might
make
fine
at
the
Kings
〈◊〉
and
render
double
damages
to
the
party
maimed
,
whether
Members
of
theirs
Servants
.
Whereupon
,
it
was
ordained
and
established
by
the
King
and
Lords
;
that
for
as
〈…〉
deed
was
done
within
the
time
of
the
said
Parliament
,
that
Proclamation
be
made
where
it
was
done
,
that
the
said
John
appear
,
and
yield
himself
in
the
Kings
Bench
,
within
a
quarter
of
a
year
after
the
Proclamation
made
:
and
if
he
do
not
,
he
shall
be
attainted
of
the
said
deed
,
and
pay
to
the
party
grieved
his
double
damages
,
to
be
taxed
by
the
Judges
of
the
said
Bench
for
the
time
being
,
or
by
Enquest
,
if
need
be
,
and
also
he
shall
make
fine
and
ransom
at
the
kings
will
(
which
was
accordingly
executed
,
as
appears
by
8
H.
4.
f.
13
,
14.
)
And
moreover
,
it
is
accorded
in
the
same
Parliament
,
that
likewise
it
be
done
in
time
to
come
in
case
like
.
By
which
Petition
and
Act
it
is
most
apparent
,
1.
That
the
King
and
Lords
have
the
sole
power
of
judging
and
punishing
the
breaches
of
Privilege
of
Parliament
,
by
batteries
,
wounding
,
or
imprisonment
,
and
that
both
in
the
cases
of
Knights
,
Citizens
,
and
Burgesses
,
and
of
their
menial
seruants
in
such
and
the
like
cases
.
2ly
.
That
this
Act
gives
the
Commons
no
power
at
all
to
punish
any
man
for
breach
of
privilege
in
like
case
;
but
only
prescribes
a
certain
remedy
for
time
to
come
,
by
imprisonment
,
action
,
double
damages
,
fine
and
ransom
at
the
kings
pleasure
in
the
Kings
Bench
;
not
Commons
House
,
or
Parliament
,
who
are
not
fit
to
be
troubled
with
such
particular
cases
of
privileges
,
which
would
interrupt
the
more
publike
affairs
.
Hence
THE
KING
willing
to
provide
for
the
ease
and
tranquillity
of
them
that
came
to
his
Parliaments
and
Councils
by
his
commandment
,
hath
ordained
and
established
(
upon
the
Commons
Petition
)
by
the
Statute
of
11
H.
6.
c.
13.
That
the
self
same
remedy
,
proceeding
,
damages
and
punishment
shall
be
had
in
the
Kings
Bench
,
(
not
Commons
House
or
Parliament
)
(
as
was
prescribed
in
5
H.
4.
c.
6.
)
against
any
person
that
shall
doe
any
assault
or
affray
to
any
Lord
Spiritual
or
Temporal
,
Knight
of
the
Shire
,
Citizen
,
or
Burgesse
coming
to
the
Kings
Parliament
or
Council
by
his
command
:
How
then
the
Commons
can
judge
or
determine
such
violation
of
privileges
,
now
against
these
Statutes
and
presidents
,
and
create
themselves
Judges
of
them
,
transcends
both
my
Law
and
reason
.
In
the
Parliament
of
7
H.
4.
(
as
I
find
in
a
special
note
,
though
not
in
the
Parliament
Roll
)
Sir
John
Tibetot
the
Speaker
,
prayed
,
que
plest
le
Roy
&
Seigniors
,
That
it
would
please
THE
KING
AND
LORDS
,
that
Robert
Clifford
,
companion
of
Richard
Chiderough
,
chosen
knights
for
the
County
of
Kent
,
might
appear
for
them
both
,
and
doe
all
in
both
their
names
,
as
if
both
of
them
were
present
in
Parliament
,
which
the
king
and
Lords
assented
to
.
In
the
Parliaments
of
8
H.
4.
n.
83.
&
139.
and
of
11
H.
4.
n.
54.
Upon
Petitions
and
complaints
of
the
Commons
to
the
king
and
Lords
,
there
were
two
Statutes
made
to
prevent
the
abuses
and
false
retorns
of
Sherifs
,
touching
the
Elections
of
knights
of
Shires
,
&
to
inflict
penalties
on
them
by
a
Law
(
which
formerly
were
arbitrary
at
the
kings
and
Lords
discretion
)
7
H.
4.
c.
15.
and
11
H.
4.
c.
1.
The
penalty
inflicted
by
these
Acts
on
the
Sherif
,
for
a
false
return
,
contrary
to
these
Acts
,
is
only
100
l.
fine
to
the
king
,
and
such
undue
retorns
are
from
thenceforth
to
be
examined
and
tryed
(
not
by
the
Commons
alone
by
information
without
Oath
as
now
,
but
)
by
the
Justices
assigned
to
take
assizes
,
and
that
by
Enquest
and
due
examination
upon
trial
before
the
said
Justices
;
which
is
likewise
afterwards
ratified
by
the
Statutes
of
6
H.
6.
c.
4.
8
H.
6.
c.
7.
32
H.
6.
c.
15.
wherof
if
the
Sherif
be
found
guilty
,
he
shall
forfeit
100
l.
to
the
king
,
and
the
knights
of
Counties
unduly
returned
,
shall
lose
their
wages
of
the
Parliament
,
of
old
time
accustoned
(
not
be
turned
out
by
a
Committee
of
Privileges
,
and
others
chosen
in
their
places
by
the
Commons
Order
,
as
now
:
)
And
the
Statutes
of
1
H.
5.
c
,
1.
6
H.
6.
c.
4.
8
H.
6.
c.
7.
12
H.
6.
c.
2.
32
H.
6.15
.
touching
elections
of
knights
,
Citizens
and
Burgesses
made
since
the
former
,
do
not
alter
this
Law
,
nor
give
the
House
of
Commons
the
least
power
or
authority
to
judge
or
determin
the
legality
or
illegality
of
any
elections
;
but
leave
this
to
the
King
and
Lords
to
redress
,
as
at
first
,
before
their
making
,
and
give
the
knights
duly
chosen
,
but
not
returned
100
l.
damages
against
the
Sherif
,
and
Citizens
and
Burgesses
40
l.
against
Mayors
and
Baylifs
who
make
false
returns
,
by
way
of
action
of
Debt
in
the
kings
Courts
at
Westminster
,
where
the
parties
must
sue
for
relief
,
or
in
the
Starchamber
before
the
Kings
Lords
and
Council
,
as
in
Bronkers
case
,
Trin.
1.
Eliz.
not
in
the
Commons
house
,
as
these
Statutes
and
presidents
in
our
Law-books
,
Dyer
,
f.
113.168
.
Plowden
,
f.
118.
to
131.
Old
Book
of
Eniries
,
f.
446
,
447.
resolve
;
How
then
the
Commons
are
now
becom
sole
Judges
of
all
false
returns
and
elections
,
and
that
per
legem
et
consuetudinem
Parliamenti
,
against
all
these
Acts
and
presidents
,
let
Sir
Edward
Cooke
and
others
resolve
me
,
and
the
intelligent
when
they
are
able
:
not
by
the
objected
late
arbitrary
presidents
,
which
are
of
no
value
;
but
by
antient
usage
and
Law
of
our
Parliaments
and
solid
reason
,
which
cannot
be
produced
for
to
justifie
these
late
Innovations
and
extravagances
.
It
is
most
true
,
that
in
the
cases
of
undue
elections
,
and
breaches
of
privilege
of
the
Commons
house
Members
or
Servants
,
the
King
and
Lords
were
antiently
sole
Judges
,
(
not
the
Commons
in
any
one
case
)
and
that
upon
the
Commons
own
Petitions
,
as
the
premises
evidence
,
and
I
shall
fully
manifest
by
these
ensuing
punctual
presidents
.
In
the
Parliament
of
8
H.
6.
n.
39.
The
Commons
petitioned
the
King
for
a
Law
to
be
made
,
to
prevent
the
manifold
tumults
,
uproars
at
,
and
disorders
in
the
election
of
knights
of
the
shire
by
the
vulgar
rabble
,
and
meaner
sort
of
people
,
of
small
or
no
estate
,
(
most
busie
and
tumultuous
in
them
,
having
then
a
voice
,
)
that
the
King
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
would
seclude
all
from
having
voices
at
such
elections
for
the
future
but
freeholders
,
who
held
40
s.
freehold
by
the
year
above
all
reprisals
(
more
than
40
l.
a
year
now
)
or
upwards
▪
Which
the
King
and
Lords
assented
to
and
the
Statute
of
8
H.
6.
c.
7.
was
hereupon
made
agreeable
to
this
petition
,
with
that
of
10
H.
6
c.
2.
by
like
Petition
in
pursuance
of
it
.
In
this
very
Parliament
of
[
(1)
](A56189-e88620-b)
(1)
An
Exact
abridgment
,
p.
●96
.
8
H.
6.
rot.
parl.
n.
57.
One
William
Lake
,
servant
to
William
Mildred
a
Burgess
of
London
,
was
taken
in
execution
for
a
Debt
,
and
committed
Prisoner
to
the
Fleet
,
contrary
to
the
privilege
of
the
Commons
house
;
whereupon
the
Commons
petitioned
the
King
,
that
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
at
the
special
request
of
the
Commons
,
he
might
be
enlarged
;
which
the
King
and
Lords
assenting
unto
,
gave
order
for
his
release
,
and
authorized
the
Chancellor
to
appoint
certain
Commissioners
to
take
him
again
in
Execution
,
after
the
Parliament
ended
.
The
Commons
not
then
claiming
the
least
power
or
jurisdiction
to
enlarge
him
,
or
to
fine
or
imprison
those
who
took
him
in
Execution
,
as
of
late
times
they
have
done
.
And
in
this
Parliament
,
upon
the
petition
and
supplication
of
the
Prelates
and
Clergy
,
n.
32.
the
King
,
by
the
assent
and
advice
of
the
Lords
,
enacted
the
Statute
of
8
H.
6.
c.
1.
That
the
Clergy
and
their
Attendants
called
to
the
Convocation
by
the
Kings
writ
,
should
have
and
enjoy
for
ever
hereafter
the
same
liberty
and
immunity
in
going
,
coming
and
tarrying
,
as
the
Great
men
and
Commonalty
of
England
called
,
or
to
be
called
to
the
Kings
Parliaments
have
used
and
enjoyed
;
they
complaining
to
the
king
,
that
they
and
their
servants
coming
to
the
Convocation
,
were
oftentimes
,
and
commonly
arrested
,
molested
and
inquieted
.
Which
they
had
no
power
to
redress
,
but
only
the
King
and
Lords
,
upon
their
complaints
thereof
.
In
the
Parliament
of
[
(2)
](A56189-e88770-b)
(2)
An
Exact
abridgment
,
p
620.
18
H.
6.
n.
13.
It
was
shewed
to
the
King
and
the
Lords
Spiritual
&
Temporal
,
that
Gilbert
Hore
,
Sherif
of
the
County
of
Cambridge
,
upon
the
kings
writ
directed
to
him
to
chuse
2.
knights
for
that
shire
,
&
had
made
no
return
of
any
knights
for
that
County
,
for
certain
reasons
therein
expressed
.
Whereupon
the
King
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
(
not
the
Commons
house
alone
,
as
now
,
nor
yet
joyntly
with
them
)
ordered
,
that
a
New
writ
for
electing
2.
knights
for
that
County
should
be
directed
to
him
;
and
that
he
should
make
proclamation
,
that
no
person
should
come
to
the
election
with
arms
,
or
arrayed
in
warlike
manner
in
disturbance
of
the
said
election
,
and
breach
of
the
kings
peace
.
A
memorable
president
of
the
Kings
and
Lords
Jurisdiction
,
even
in
point
of
elections
.
In
the
[
(3)
](A56189-e88880-b)
(3)
An
Exact
abridgment
,
p.
632.
Parliament
of
23
H.
6.
n.
41.
The
Commons
petitioned
the
king
,
that
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
their
special
request
,
it
might
be
enacted
;
that
every
Member
of
the
Lords
and
Commons
house
,
who
should
have
any
assault
or
affray
made
upon
him
,
being
at
the
Parliament
,
or
going
to
or
coming
from
thence
might
have
the
like
remedy
,
at
Sir
Thomas
Parr
knight
had
given
him
in
this
Parliament
:
(
to
wit
,
upon
petition
of
the
Commons
in
his
behalf
to
the
King
and
Lords
,
being
the
same
as
was
enacted
in
Chedders
case
,
&
11
H.
6.
c.
11.
before
.
)
Whereunto
the
king
answered
,
The
Statutes
therefore
made
shall
be
observed
.
In
the
[
(4)
](A56189-e89000-b)
(4)
Cook
4
Instit.
p.
47.
toucheth
it
:
●ut
cites
nor
the
Record
at
large
.
An
Exact
abridgement
,
p.
651.
Parliament
of
31
H.
6.
rot.
parl.
n.
25
,
26
,
27
,
28.
we
have
this
memorable
famous
case
touching
privilege
of
Parliament
,
in
their
very
Speakers
own
case
,
resolved
by
the
Lords
.
Thomas
Thorp
chief
Baron
,
was
chosen
Speaker
of
the
Parliament
,
after
his
election
,
and
before
the
Parliament
(
which
was
prorogued
)
sat
,
he
was
arrested
and
taken
in
execution
at
the
sute
of
the
Duke
of
York
:
whereupon
some
of
the
Commons
were
sent
up
by
the
House
to
the
king
,
and
Lords
spiritual
and
temporal
sitting
in
Parliament
,
desiring
that
they
might
enjoy
all
their
ancient
and
accustomed
privileges
,
in
being
free
from
arrests
,
and
propounded
the
case
of
Thomas
Thorp
their
Speaker
to
them
,
desiring
his
inlargement
;
whereupon
the
said
Lords
spiritual
aad
temporal
,
not
intending
to
hurt
or
impeach
the
privilege
of
the
Commons
,
but
equally
after
the
course
of
Law
to
administer
Justice
,
and
to
have
knowledge
what
the
Law
will
weigh
in
that
behalf
,
declared
to
the
Justices
,
the
premises
;
and
asked
of
them
,
whether
the
said
Thomas
ought
to
be
delivered
from
prison
by
force
and
vertue
of
the
said
privilege
of
Parliament
or
not
?
To
the
which
question
the
chief
Justices
,
in
the
name
of
all
the
Justices
aforesaid
,
communication
and
mature
deliberation
had
among
them
,
answered
and
said
;
That
they
ought
not
to
answer
that
question
,
for
it
hath
not
been
used
aforetime
,
that
the
Justices
should
in
any
wise
determine
the
privilege
of
this
high
Court
of
Parliament
;
for
it
is
so
high
and
mighty
in
his
nature
,
that
it
may
make
that
Law
which
is
not
,
and
that
that
is
Law
,
it
may
make
no
Law
,
and
the
determination
and
knowledge
of
their
privilege
belongeth
to
the
Lords
of
the
Parliament
,
and
not
to
the
Justices
:
But
as
for
declaration
of
proceedings
in
the
lower
Courts
in
such
cases
,
as
writs
of
Supersedoas
of
Privilege
of
Parliament
be
brought
and
delivered
,
the
said
chief
Justice
said
,
that
there
be
many
and
divers
Supersedeas
of
privileges
of
Parliament
brought
into
the
Courts
;
but
there
is
no
general
Supersedeas
brought
to
furcease
all
Processes
,
for
if
there
should
be
,
it
should
seem
that
this
high
Court
of
Parliament
,
that
ministreth
all
Justice
and
equity
,
should
let
the
process
of
the
common
Laws
,
and
so
it
should
put
the
party
plainant
without
remedy
,
for
so
much
as
[
†
](A56189-e89250-b)
†
Upon
this
ground
1
R.
2.
n.
20.87.114
.
2
R.
2.
n.
8.49
.
5
R.
2.
n.
44.
13
R.
2.
n.
10.30.33
.
15
R.
2.
n.
9.17
R.
2.
n.
10.
We
find
the
Commons
&
Parliament
very
zealous
to
maintain
the
Common
Law
;
and
referring
causes
&
petitions
to
it
when
proper
for
it
,
and
improper
for
the
Parliament
.
actions
at
Common
Law
be
not
determined
in
this
high
Court
of
Parliament
.
And
if
any
person
that
is
a
Member
of
this
high
Court
of
Parliament
,
be
arrested
in
such
cases
as
be
not
for
Treason
or
Felony
,
or
surety
of
the
Peace
,
or
for
condemnation
before
the
Parliament
,
it
is
used
,
that
all
such
persons
should
be
released
of
all
such
arrests
,
and
make
an
Attorney
,
so
that
they
may
have
the
freedom
and
Liberty
freely
to
attend
upon
the
Parliament
.
After
which
answer
and
Declaration
it
was
throughly
agréed
,
assented
and
concluded
by
the
Lords
Spiritual
and
Temporal
,
that
the
said
,
Thomas
,
according
to
the
Law
▪
should
remain
still
in
prison
for
the
causes
abovesaid
,
the
privilege
of
the
Parliament
,
or
that
the
same
Sir
Thomas
was
Speaker
of
the
Parliament
,
notwithstanding
.
And
that
the
premises
should
be
opened
and
declared
to
them
that
were
comen
for
the
Commons
of
this
land
,
and
they
should
be
charged
and
commanded
in
the
kings
name
that
they
with
all
goodly
hast
and
speed
proceed
to
the
election
of
another
Speaker
.
The
which
premi●es
,
for
as
much
as
they
were
matters
of
Law
,
by
the
commandement
of
the
Lords
,
were
opened
and
declared
to
the
Commons
by
the
mouth
of
Walter
Moyle
,
one
of
the
kings
Sergeants
at
Law
,
in
the
presence
of
the
Bishop
of
Ely
,
accompanyed
with
other
Lords
in
notable
number
:
and
there
it
was
commanded
and
charged
to
the
said
Commons
by
the
said
Bishop
of
Ely
,
in
the
kings
name
,
that
they
should
proceed
to
the
election
of
another
Speaker
with
all
goodly
hast
and
speed
,
so
that
the
matters
for
which
the
king
called
this
his
Parliament
might
be
proceeded
in
:
and
this
Parliament
take
good
and
effectual
conclusion
and
end
.
Whereupon
the
Commons
accordingly
elected
Thomas
Charlton
knight
,
for
their
Speaker
the
next
day
,
and
acquainted
the
Lords
therewith
,
and
desired
the
kings
approbation
of
their
choice
,
which
was
accorded
unto
by
the
king
,
by
assent
of
the
Lords
.
Lo
here
1.
the
Lords
Spiritual
and
Temporal
,
are
the
sole
Judges
of
the
privilege
of
the
very
Speaker
of
the
House
of
Commons
,
who
is
here
adjudged
to
remain
in
execution
,
notwithstanding
their
petition
for
his
enlargement
.
2ly
,
The
whole
House
of
Commons
could
not
then
send
for
,
nor
yet
enlarge
their
own
Speaker
when
imprisoned
,
but
are
enforced
to
petition
the
King
and
Lords
for
his
enlargement
.
3ly
,
The
Lords
,
in
the
kings
name
,
command
the
Commons
to
chuse
and
present
another
Speaker
in
his
room
,
and
that
with
all
speed
;
which
they
accordingly
did
,
and
then
present
him
to
the
King
and
Lords
,
for
their
approbation
,
who
allowed
of
their
choice
.
In
the
Parliament
of
38
H.
6.
n.
35.
There
were
divers
Knights
of
Counties
,
Citizens
and
Burgesses
named
,
returned
,
and
accepted
,
some
of
them
without
any
due
or
free
election
some
of
them
without
any
election
at
all
;
against
the
course
of
the
Kings
Lawes
,
and
the
Liberties
of
the
Commons
of
the
Realm
,
by
vertue
of
the
Kings
Letters
,
without
any
other
election
,
and
by
the
means
and
labours
of
divers
seditious
and
evil
disposed
persons
,
only
to
destroy
certain
of
the
great
faithfull
Lords
and
Nobles
,
and
other
faithfull
liege
people
of
the
Realm
,
out
of
hatred
,
malice
,
greedy
and
unsatiable
covetousness
,
to
gain
their
Lands
,
[
(5)
](A56189-e89520-b)
(5)
Exact
abridgement
,
p.
664.
Inheritances
,
Possessions
,
Offices
,
and
goods
,
as
the
Statute
of
39
H.
6.
c.
1.
relates
.
The
Commons
were
so
farr
from
having
power
to
exclude
,
or
confirm
their
elections
themselves
;
that
they
petitioned
the
King
,
by
advise
and
assent
of
the
Lords
,
That
all
such
Knights
,
Citizens
and
Burgesses
as
were
thus
returned
to
this
Parliament
by
vertue
of
the
Kings
Letters
,
without
any
other
election
,
should
be
good
,
and
that
no
Sherif
for
returning
them
might
incurr
the
pain
therefore
provided
by
the
Statute
of
23
H.
6.
c.
15.
Which
the
King
and
Lords
assented
to
at
their
request
.
In
the
[
†
](A56189-e89580-b)
†
Exact
abridgement
,
p.
665.
Parliament
of
39
H.
6.
n.
9.
Walter
Clerk
,
one
of
the
Burgesses
of
Parliament
for
Chippenham
,
was
arrested
and
imprisoned
in
the
Fleet
for
divers
debts
due
to
the
King
and
others
,
upon
a
Capias
Vilagatum
;
whereupon
the
Commons
complained
thereof
to
the
King
and
Lords
by
Petition
,
and
desired
his
release
,
and
rendred
them
an
Act
of
Parliament
ready
drawn
for
that
purpose
;
to
which
Petition
and
Bill
of
theirs
,
the
King
by
the
assent
of
the
Lords
Spiritual
and
Temporal
assented
;
And
thereupon
he
was
freed
.
Not
by
the
Commons
power
,
order
,
or
judgement
,
but
by
the
Kings
and
Lords
advice
and
assents
.
[
(6)
](A56189-e89670-b)
(6)
Exact
abridgement
,
p.
701.
William
Hyde
,
a
Burgess
of
Chippenham
in
Wiltshire
,
being
taken
in
Execution
,
upon
a
Capias
ad
satisfaciendum
,
and
imprisoned
in
the
kings
Bench
during
the
Parliament
,
contrary
to
his
privilege
,
the
Commons
thereupon
by
a
Petition
praved
the
King
,
that
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
he
might
be
delivered
for
the
present
by
a
Writ
of
privilege
out
of
the
Chancery
;
which
the
King
by
the
advice
and
assent
of
the
Lords
,
granted
,
saving
the
right
of
his
Prosecutors
,
to
have
execution
upon
him
again
after
the
Parliament
ended
.
14
E.
4.
n.
55.
In
the
[
*
](A56189-e89790-b)
*
An
Exact
abridgement
,
p.
704.
Parliament
of
17
E.
4.
n.
36.
John
at-Will
,
a
Burgess
for
Exeter
,
was
condemned
in
the
Exchequer
upon
8.
several
Informations
during
the
Parliament
,
at
the
prosecution
of
Iohn
Taylor
of
the
same
Town
;
upon
complaint
thereof
by
the
Commons
to
the
King
and
Lords
in
Parliament
by
Petition
,
the
King
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
ordered
,
that
he
should
have
as
many
Supersedeas
against
the
said
Judgements
and
Informations
as
he
pleased
,
until
his
coming
home
from
the
Parliament
.
In
these
last
recited
cases
,
the
Commons
had
no
power
at
all
to
deliver
or
enlarge
their
own
Members
when
imprisoned
(
as
of
late
years
they
have
practised
)
but
always
petitioned
to
the
King
and
Lords
for
their
release
and
relief
;
who
thereupon
released
and
relieved
them
against
the
breaches
of
their
privileges
,
when
they
saw
good
cause
.
Which
cases
I
have
examined
by
,
and
transcribed
out
of
the
Parliament
Rolls
themselves
in
the
Tower
,
and
not
taken
upon
trust
,
or
the
Abridgements
of
them
,
which
leave
out
the
main
ingredients
;
the
Commons
Petitions
to
,
and
advice
and
assent
of
the
King
and
Lords
,
expressed
in
the
Rolls
at
large
.
Richard
Strode
Gentleman
,
one
of
the
Burgesses
of
Parliament
for
the
Burge
of
Plympton
in
Devonshire
,
in
the
Parliament
of
4
H.
8.
for
agreeing
with
the
Commons
house
in
putting
out
Bills
against
certain
abuses
of
the
Tinners
,
being
a
Tinner
himself
,
by
the
malice
of
John
Furse
Tinner
,
Under-Steward
of
the
Stann●ries
,
and
his
misinformation
,
that
the
said
Richard
Str●de
at
the
last
Parliament
held●n
at
Westminster
,
would
have
avoided
,
and
utterly
destroyed
all
Liberties
,
Privileges
and
Franchises
concerning
the
Scanne●ies
,
was
upon
4.
Bills
thereof
made
by
the
said
Furse
presented
and
found
guilty
of
the
premises
in
4.
several
Stannery
Courts
and
condemned
to
forfeit
40
l.
on
every
Bill
to
the
King
,
upon
an
Act
and
Ordinance
made
by
the
Tinners
,
to
which
he
was
never
warned
nor
called
to
make
answer
,
contrary
to
all
Laws
,
right
reason
and
good
conscience
:
And
one
John
Agui●●iam
begging
20
l.
of
the
said
forfeiture
from
the
King
,
caused
the
said
Richard
to
be
taken
and
imprisoned
in
Lidford
Castle
in
a
dungeon
and
deep
pit
under
ground
,
where
he
was
fed
only
with
bread
and
water
,
to
the
peril
of
his
life
,
and
was
to
have
irons
laid
upon
him
.
Upon
which
he
petitioned
the
Parliament
for
remedy
,
and
that
it
might
be
ordained
and
enacted
by
the
King
▪
the
Lords
Spiritual
and
Temporal
,
that
the
condemnations
against
him
for
the
said
160
l.
in
the
Stanneries
,
and
every
parcel
thereof
,
and
judgements
and
executions
had
,
or
to
be
had
for
the
premises
,
might
be
utterly
void
,
and
of
none
effect
against
him
▪
which
was
done
for
him
accordingly
▪
And
moreover
it
was
enacted
,
That
all
sutes
,
accusations
,
condemnations
,
executions
,
fines
,
amerciameuts
,
punishments
,
corrections
,
grants
,
charges
,
and
impositions
,
put
or
had
,
or
hereafter
to
be
put
or
had
upon
the
said
Richard
,
&
to
every
other
person
or
persons
that
were
in
this
Parliament
,
or
that
of
any
Parliament
hereafter
shall
be
,
for
any
Bill
,
speaking
,
reasoning
,
or
declaring
of
any
matter
or
matters
concerning
the
Parliament
to
be
communed
or
treated
of
,
be
utterly
void
,
and
of
none
effect
:
And
that
any
person
vexed
or
troubled
,
or
otherwise
charged
for
any
causes
as
aforesaid
,
shall
have
an
action
of
the
case
against
every
person
or
persons
so
vexing
or
troubling
him
contrary
to
this
Ordinance
,
and
recover
treble
damages
and
costs
:
And
that
no
protection
Essoign
or
wager
of
Law
,
shall
in
the
said
action
in
any
wise
be
admi●red
nor
received
;
as
you
may
read
in
the
Statutes
at
large
,
4
H.
8.
ch.
8.
intituled
,
an
act
concerning
Richard
Strode
:
The
Commons
themselves
being
unable
to
releive
him
in
this
high
breach
of
privilege
,
but
by
a
petition
to
the
King
and
Lords
,
and
a
special
Act
of
Parliament
made
for
him
.
In
the
Parliament
of
34
H.
8.
there
fell
out
this
famous
case
,
thus
at
large
recorded
by
[
(1)
](A56189-e90190-b)
(1)
Holinsh
.
Chronicle
,
p.
1584.
Holinshed
and
[
(2)
](A56189-e90210-b)
(2)
Crompt
.
Jurisdiction
of
Courts
,
f.
8
,
9
,
10.
Crompton
out
of
him
.
In
the
Lent
season
,
whilst
the
Parliament
yet
continued
,
one
George
Ferrers
Gentleman
,
servant
to
the
king
,
being
elected
a
Burgess
for
the
Town
of
Plimmouth
,
in
the
County
of
Devon
,
in
going
to
the
Parliament
House
was
arrested
in
London
by
a
Proces
out
of
the
Kings
Bench
,
at
the
sute
of
one
White
,
for
the
sum
of
two
hundred
marks
or
thereabouts
,
wherein
he
was
late
afore
condemned
as
a
surety
for
the
debt
of
one
Welden
of
Salisbury
,
which
arrest
being
signified
to
Sir
Thomas
Moile
knight
,
then
Speaker
of
the
Parliament
,
and
to
the
knights
and
Burgesses
there
,
order
was
taken
,
that
the
Serjeant
of
the
Parliament
,
called
S.
I.
should
forthwith
repair
to
the
Counter
in
Bredstreet
,
whither
the
said
Ferrers
was
carried
,
&
there
to
demand
delivery
of
the
Prisoner
.
Therupon
the
Serjeant
as
he
had
in
charge
went
to
the
Counter
,
and
declared
to
the
Clerks
there
,
what
he
had
in
commandment
;
but
they
and
other
Officers
of
the
City
were
so
far
from
obeying
the
said
commandment
,
as
after
many
stout
words
,
they
forcibly
resisted
the
said
Serjeant
,
whereof
ensued
a
fray
within
the
Counter
Gates
,
between
the
said
Ferrers
and
the
said
Officers
,
not
without
hurt
of
either
part
,
so
that
the
said
Serjeant
was
driven
to
defend
himself
with
his
mace
of
arms
,
and
had
the
Crown
thereof
broken
by
bearing
off
a
stroke
,
and
his
man
stroken
down
.
During
this
brawl
,
the
Sherifs
of
London
,
called
Rowland
Hill
,
and
H.
Suckley
came
thither
,
to
whom
the
Serjeant
complained
of
this
injury
,
and
required
of
them
the
delivery
of
the
said
Burgesse
,
as
afore
;
but
they
bearing
with
their
Officers
,
made
little
account
either
of
his
complaint
,
or
of
his
message
,
rejecting
the
same
contemptuously
,
with
much
proud
language
,
so
as
the
Serjeant
was
forced
to
return
without
the
Prisoner
,
and
finding
the
Speaker
,
and
all
the
knights
and
Burgesses
set
in
their
places
,
declared
unto
them
the
whole
cause
as
it
fell
out
:
who
took
the
same
in
so
ill
part
,
that
they
altogether
(
of
whom
there
were
not
a
few
,
as
well
of
the
Kings
privy
Counsel
,
as
also
of
his
privy
Chamber
)
would
sit
no
longer
without
their
Burgess
,
but
rose
up
wholly
and
repaired
to
the
Vpper
House
,
where
the
whole
case
was
declared
by
the
mouth
of
the
Speaker
,
before
Sir
T.
Audeley
knight
,
then
Lord
Chancellor
of
England
,
and
all
the
Lords
and
Judges
there
assembled
:
who
judging
the
contempt
to
be
very
great
,
referred
the
punishment
thereof
to
the
order
of
the
Common
house
.
They
returning
to
their
places
again
,
upon
new
debate
of
the
Case
,
took
order
,
that
their
Serjeant
should
eftsoon
repair
to
the
Sherifs
of
London
,
and
require
delivery
of
the
said
Burgess
,
without
any
writ
●
warrant
had
for
the
same
,
but
only
as
afore
.
Albeit
the
Lord
Chancellor
offered
there
to
grant
a
Writ
,
which
they
of
the
Common
House
refused
,
being
of
a
clear
opinion
,
that
all
commandements
and
other
acts
proceeding
from
the
neather
House
,
were
to
be
done
and
executed
by
their
Serjeant
without
Writ
,
only
by
shew
of
his
Mace
,
which
was
his
warrant
.
But
before
the
Serjeants
return
into
London
,
the
Sherifs
having
intelligence
how
hainously
the
matter
was
taken
,
became
somewhat
more
mild
,
so
as
upon
the
said
second
demand
,
they
delivered
the
Prisoner
without
any
denial
.
But
the
Serjeant
having
then
further
in
commandment
from
those
of
the
neather
House
,
charged
the
said
Sherifs
to
appear
personally
on
the
morrow
,
by
8
of
the
clock
before
the
Speaker
in
the
neather
House
,
and
to
bring
thither
the
Clerks
of
the
Counter
,
and
such
other
of
their
Officers
as
were
parties
to
the
said
affray
;
and
in
like
manner
to
take
into
his
custody
the
said
White
,
which
wittingly
procured
the
said
arrest
,
in
contempt
of
the
privilege
of
the
Parliament
;
which
commandment
being
done
by
the
said
Serjeant
accordingly
,
on
the
morrow
,
the
two
Sherifs
,
with
one
of
the
Clerks
of
the
Counter
(
which
was
the
chief
occasion
of
the
said
affray
)
together
with
the
said
White
appeared
in
the
Common
House
:
where
the
Speaker
charging
them
with
their
contempt
and
misdemeanor
aforesaid
,
they
were
compelled
to
make
immediate
answer
,
without
being
admitted
to
any
counsell
;
Albeit
Sir
Ro.
Cholmley
then
Recorder
of
L.
and
other
the
Counsel
of
the
City
then
present
,
offered
to
speak
in
the
cause
,
which
were
all
put
to
silence
,
and
none
suffered
to
speak
,
but
the
parties
themselves
;
whereupon
in
the
conclusion
the
said
Sherifs
and
the
same
White
,
were
committed
to
the
Tower
of
London
,
and
the
said
Clerk
(
which
was
the
occasion
of
the
fray
)
to
a
place
there
called
Little
Base
,
and
the
Officers
of
L.
which
did
the
arrest
,
called
Tailer
,
with
4
Officers
more
to
Newgate
,
where
they
remained
from
the
28
until
the
30
of
March
,
and
then
they
were
delivered
,
not
without
humble
sute
made
by
the
Mayor
of
L.
and
other
their
friends
.
And
forasmuch
as
the
said
Ferrers
being
in
execution
upon
●
condemnation
of
debt
and
set
a●
large
by
privilege
of
Parliament
,
was
not
by
Law
●o
be
brought
again
into
execution
,
and
so
the
party
without
remedy
for
his
debt
,
as
well
against
him
as
his
principal
debtor
,
after
long
●ebate
of
the
same
by
the
space
of
9
or
10
days
together
;
at
last
they
resolved
upon
an
Act
of
Parliament
to
be
made
,
and
to
revive
the
execution
of
the
said
debt
against
the
said
Welden
,
which
was
principal
debtor
,
and
to
discharge
the
said
Ferrers
.
But
before
this
came
to
passe
the
Commons
House
was
divided
upon
the
question
:
but
in
conclusion
,
the
Act
passed
for
the
said
Ferrers
,
who
won
by
14
voices
.
The
King
being
then
advertised
of
all
this
proceeding
▪
called
immediately
before
him
the
Lord
Chancellor
of
England
and
his
Judges
,
with
the
Speaker
of
the
Parliament
,
and
other
the
gravest
persons
of
the
neather
House
,
to
whom
he
declared
his
opinion
to
this
effect
.
First
,
commending
their
wisdom
in
maintaining
the
privileges
of
the
House
(
which
he
would
not
have
to
be
infringed
in
any
point
)
alleged
,
that
he
being
head
of
the
Parliament
,
and
attending
in
his
own
person
upon
the
business
thereof
,
ought
in
reason
,
to
have
privilege
for
him
and
all
his
Servants
attending
there
upon
him
.
So
that
if
the
said
Ferrers
had
been
no
Burgesse
,
but
only
his
servant
,
that
in
respect
thereof
he
was
to
have
the
privilege
as
well
as
any
other
.
For
I
understand
(
quoth
he
)
that
you
not
only
for
your
own
persons
,
but
also
for
your
necessary
servants
,
even
to
your
Cooks
and
Horse-keepers
,
enjoy
the
said
privilege
,
insomuch
as
my
Lord
Chancellor
here
present
,
hath
informed
us
,
that
he
being
Speaker
of
the
Parliament
,
the
Cook
of
the
Temple
was
arrested
in
L.
and
in
execution
upon
a
Statute
of
the
staple
:
And
forasmuch
as
the
said
Cook
,
during
the
Parliament
served
the
Speaker
,
in
that
office
,
he
was
taken
out
of
execution
by
the
privilege
of
the
Parliament
;
and
further
we
be
informed
by
our
Judges
,
that
wee
at
no
time
stand
so
highly
in
our
estate
Royal
as
in
the
time
of
Parliament
;
wherein
we
as
Head
,
and
you
as
Members
,
are
conjoyned
and
knit
together
into
one
body
politick
,
so
as
whatsoever
offence
or
injury
(
during
that
time
)
is
offered
to
the
meanest
Member
of
the
House
,
is
to
be
judged
,
as
done
against
our
person
,
and
the
whole
Court
of
Parliament
:
which
prerogative
of
the
Court
is
so
great
(
as
our
learned
Counsel
informeth
us
)
as
all
Acts
and
Processes
coming
out
of
any
other
inferiour
Courts
,
must
for
the
tiime
cease
and
give
place
to
the
highest
.
And
touching
the
party
it
was
a
great
presumption
in
him
,
knowing
our
servant
to
be
one
of
this
House
,
and
being
warned
thereof
before
,
would
nevertheless
prosecute
this
matter
out
of
time
,
and
therefore
was
well
worthy
to
have
lost
his
debt
,
which
I
would
not
wish
;
and
thereforefore
doe
commend
your
equity
,
that
having
lost
the
same
by
Law
,
have
restored
him
to
the
same
against
him
who
was
his
debtor
;
and
this
may
be
a
good
example
to
other
,
not
to
attempt
any
thing
against
the
privilege
of
this
Court
,
but
to
take
the
time
better
;
Whereupon
Sir
Edward
Montague
then
Lord
chief
Justice
,
very
gravely
declared
his
opinion
,
confirming
by
divers
reasons
all
that
the
King
had
said
,
which
was
assented
unto
by
all
the
residue
,
none
speaking
to
the
contrary
.
The
Act
indeed
passed
not
the
higher
House
;
for
the
Lords
had
not
time
to
consider
of
it
by
reason
of
the
dissolution
of
the
Parliament
.
From
this
President
,
I
shall
observe
,
1.
That
this
is
the
first
President
,
that
the
Commons
house
ever
sent
their
Serjeant
to
demand
a
Member
imprisoned
,
without
first
acquainting
the
King
and
Lords
:
whereupon
the
Serjeant
was
thus
resisted
,
affronted
.
2ly
,
That
upon
the
Serjeants
report
of
this
resistance
and
contempt
,
the
Commons
house
did
not
undertake
to
punish
it
themselves
,
though
there
were
many
of
the
Kings
privy
Council
then
of
and
in
it
;
but
according
to
former
presidents
,
went
and
complained
thereof
in
rhe
Lords
house
;
praying
them
to
redress
and
punish
it
.
3ly
,
That
all
the
Lords
and
Judges
there
assembled
,
judged
the
contempt
to
be
very
great
.
4ly
,
That
thereupon
(
being
busied
with
other
weighty
publike
affairs
)
they
by
special
order
,
referred
the
examination
&
punishment
thereof
to
the
Commons
House
.
5ly
.
That
thereupon
the
Commons
by
vertue
of
this
[
(1)
](A56189-e90700-b)
(1)
See
the
Freeholders
grand
Inquest
p.
53
,
54.
special
reference
from
the
Lords
,
(
not
by
their
own
inherent
authority
or
Jurisdiction
)
sent
for
the
delinquent
parties
,
examined
the
contempt
,
imprisoned
the
Sherifs
of
London
,
and
White
in
the
Tower
,
and
the
under
Officers
in
Newgate
.
6ly
.
That
afterwards
they
acquainted
the
King
and
Lords
with
their
proceedings
,
who
approved
and
commended
the
same
.
7ly
,
That
they
would
have
confirmed
part
of
their
judgement
by
an
Act
,
to
discharge
Ferrers
of
the
execution
,
and
not
to
revive
it
after
the
Parliament
,
which
passed
but
by
14.
voices
;
and
never
passed
the
Lords
house
,
who
would
not
assent
thereto
.
All
which
particulars
unanswerably
evidence
,
that
the
judgement
and
punishment
of
contempts
and
breaches
of
privilege
of
the
Commons
house
and
their
Members
,
belong
wholly
and
solely
to
the
Lords
,
not
to
the
Commons
house
at
all
;
unless
by
special
order
and
reference
from
the
Lords
to
the
House
of
Commons
,
who
are
to
be
informed
of
their
proceedings
and
censures
upon
such
a
reference
,
and
to
ratifie
them
by
their
assents
,
or
some
Act
of
Parliament
.
Therefore
the
conclusion
of
[
(2)
](A56189-e90790-b)
(2)
Jurisdiction
of
Courts
,
London
1594
▪
f.
7.
b.
Crompton
from
this
president
,
and
Dyer
,
f.
60.
(
which
hath
not
a
syllable
to
this
effect
)
That
any
Knight
,
Burgess
,
Baron
of
the
5.
Ports
,
or
others
called
to
the
Parliament
of
the
King
,
shall
have
privilege
of
Parliament
during
the
Parliament
or
Session
of
it
:
so
that
he
who
arrests
any
of
them
during
that
term
shall
be
imprisoned
in
the
Tower
by
the
Nether
House
of
which
he
is
,
and
shall
be
put
to
a
fine
,
and
the
Kéeper
also
if
he
will
not
deliver
him
,
when
the
Serjeant
at
Arms
shall
come
for
him
by
command
of
the
House
;
is
but
a
me●r
mistake
.
And
the
late
objected
Presidents
,
have
been
grounded
only
upon
his
Authority
,
and
the
mistaking
or
misapplying
of
Ferrers
case
,
[
(3)
](A56189-e90880-b)
(3)
Pasch.
16
&
17.
H.
8.
Dyer
,
f.
59
,
60.
W.
Trewynnard
,
a
Burgess
of
Parliament
in
35
H.
8.
(
the
very
next
year
after
this
case
of
Ferrers
)
was
taken
in
execution
upon
an
Exigent
,
grounded
on
a
Capias
ad
sa●isfaciendum
,
by
the
Sherif
of
Cornwal
;
upon
a
complaint
thereof
to
the
King
and
Lords
in
Parliament
,
there
issued
a
Writ
of
Privilege
in
the
Kings
name
during
the
Sessions
of
Parliament
,
to
R.
Chamond
,
then
Sherif
of
Cornwal
,
to
release
him
,
reciting
that
he
was
a
Burgess
,
and
likewise
the
Custom
of
the
privilege
of
Parliament
:
whereupon
he
was
released
;
the
personal
attendance
of
every
Member
being
so
necessary
in
Parliament
,
that
he
ought
not
to
be
absent
for
any
business
,
because
he
is
a
necessary
Member
;
and
therefore
ought
to
be
privileged
from
arrests
.
Now
the
Parliament
consisting
of
3.
parts
:
to
wi●
of
the
King
as
chief
Head
,
the
Lords
,
the
chief
and
principal
Members
of
the
Body
,
and
the
Commons
,
the
Inferiour
Members
,
making
up
one
body
of
Parliament
;
(
as
Chief
Justice
Dyer
there
resolves
)
these
inferior
Members
,
have
no
means
to
relieve
themselves
when
their
persons
are
arrested
,
but
by
complaint
to
the
Head
,
or
Chief
and
principal
Members
of
this
body
;
as
in
all
other
Corporations
,
where
the
Mayor
,
Recorder
,
Aldermen
,
Justices
,
and
chief
Officers
are
the
only
Judges
,
not
the
Commons
,
to
hear
and
determine
all
injuries
done
to
any
Commoner
.
[
(4)
](A56189-e91010-b)
(4)
Cooks
4
Instit.
p.
17
,
18
,
19.
Pasch.
1.
&
2.
Phil.
&
Mariae
,
Rot.
16.
B.R.
The
Attorney
General
in
the
Kings
and
Queens
name
,
exhibited
an
Information
against
34.
Knights
,
Citizens
&
Burgesses
of
the
Commons
House
,
for
absenting
themselves
,
and
departing
from
the
Parliament
then
held
,
without
the
Kings
and
Queens
special
license
,
contrary
to
their
Prohibition
,
and
in
manifest
contempt
of
the
said
King
,
Queen
and
Parliament
,
and
to
the
great
detriment
of
the
state
of
the
Commonwealth
of
this
Realm
,
and
the
ill
example
of
others
.
The
Great
Lawyer
Edmond
Plowden
being
one
,
pleaded
he
was
present
at
the
Parl.
from
the
very
beginning
of
it
to
the
end
,
and
that
he
departed
not
from
it
;
which
he
was
ready
to
verify
as
the
Court
should
direct
,
and
prayed
judgement
to
be
discharged
.
Edward
Harford
another
of
them
,
pleaded
a
special
license
to
depart
,
whereupon
his
prosecution
was
stayed
;
but
so
that
Process
●ill
issued
against
the
rest
.
The
Commons
house
therefore
i●
Q.
Maries
reign
,
were
not
re●ted
sole
Judges
of
their
own
Members
in
cases
of
departure
from
Parliament
in
contempt
,
to
the
publike
prejudice
,
and
ill
example
of
others
,
as
now
they
deem
themselves
,
by
Sir
Edward
Cooks
new-invented
Law
and
Custom
of
Parliaments
.
In
the
[
(5)
](A56189-e91090-b)
(5)
See
the
Iournal
,
&
The
Freeholders
Grand
Inquest
,
p.
54
,
55.
Parliament
of
18
Eliz.
Feb.
22.
A
report
was
made
to
the
Commons
House
,
by
a
Committee
appointed
to
consider
how
Mr.
Halls
man
,
then
a
Member
,
and
imprisoned
against
his
privilege
,
might
be
released
;
that
the
Committee
found
no
President
for
setting
at
large
by
the
Mace
,
any
person
in
arrest
,
but
only
by
Writ
of
Privilege
:
And
that
by
divers
presidents
and
records
perused
by
the
Committee
,
every
Knights
,
Citizen
or
Burgess
,
requiring
privilege
for
his
Servant
,
hath
used
to
take
a
Corporal
O●th
before
the
Lord
Chancellor
,
that
the
pa●ty
for
whom
such
Writ
is
prayed
,
came
up
with
him
,
and
was
his
servant
at
the
time
of
the
arrest
made
.
Whereupon
Mr.
Hall
was
moved
to
repair
to
the
Lord
Keeper
,
and
make
such
Oath
,
which
he
did
,
and
then
had
a
Writ
of
privilege
.
In
the
[
(6)
](A56189-e91160-b)
(6)
See
the
Freeholders
Grand
Inquest
,
p.
54
,
55.
Parliament
of
23
Eliz.
21
Jan.
Saturday
;
Mr.
Paul
Wentworth
,
moved
for
a
publike
Fast
,
and
for
a
Sermon
every
morning
at
7.
a
clock
before
the
House
sate
:
The
House
upon
debate
were
divided
about
the
Fast
;
115.
were
for
,
and
100.
against
it
:
It
was
thereupon
ordered
,
That
as
many
of
the
House
as
conveniently
could
,
should
on
Sunday
fortnight
after
assemble
and
meet
together
in
the
Temple
Church
,
there
to
hear
preaching
,
and
joyn
together
in
prayer
,
with
humiliation
and
fasting
,
for
the
assistance
of
Gods
spirit
in
all
their
consultations
during
this
Parliament
,
and
for
the
preservation
of
the
Queens
Majesty
and
her
Realm
:
and
the
Preachers
to
be
appointed
by
the
privy
Council
that
were
of
the
House
,
that
they
may
be
discreet
,
not
medling
with
Innovation
or
unquietness
.
This
Order
being
made
by
the
Commons
alone
,
without
the
Lords
and
Queens
privities
&
assents
,
the
Queen
being
informed
thereof
,
sent
a
Message
to
the
House
by
Master
Vice-chamberlain
,
a
Member
of
it
;
That
her
Highness
had
great
admiration
of
the
rashness
of
this
House
in
committing
such
an
apparent
contempt
of
her
express
command
(
not
to
meddle
with
her
person
,
the
State
,
or
Church-government
)
as
to
put
in
execution
such
an
Innovation
,
without
her
privity
or
pleasure
first
known
.
Thereupon
the
Vice-chamberlain
moved
the
House
,
to
make
humble
submission
to
her
Majesty
,
acknowledging
the
said
offence
and
contempt
,
craving
the
remission
of
the
same
,
with
a
full
purpose
,
to
forbear
the
committing
of
the
like
hereafter
.
Upon
which
,
by
consent
of
the
WHOLE
HOUSE
,
Mr.
Vice-chamberlain
carried
this
their
submission
to
her
Majesty
:
as
being
the
Judge
and
punisher
of
their
misdemeanors
even
in
the
House
it self
,
though
caried
by
majority
of
Voices
.
In
the
[
(7)
](A56189-e91270-b)
(7)
See
the
Freeholders
▪
Grand
Inquest
p
▪
58
,
59.
Parliament
of
28
Eliz.
the
Commons
questioning
the
chusing
and
returning
of
the
knights
of
the
Shire
for
Norfolk
,
the
Queen
said
:
She
was
sorry
the
Commons
medled
therewith
▪
being
a
thing
impertinent
for
that
House
to
deal
withall
:
it
belonging
only
to
the
Office
of
the
Lord
Chancellor
,
from
whom
the
Writs
issue
,
and
to
whom
they
are
returned
.
In
the
[
(8)
](A56189-e91330-b)
(8)
See
the
Freeholders
Grand
Inquest
,
p.
60.
Parliament
of
35
Eliz.
Mr.
Peter
Wentworth
,
and
Sir
Henry
Bromley
,
delivered
a
petition
to
the
Lord
Keeper
,
desiring
the
Lords
of
the
Vpper
House
to
be
suppliants
with
them
of
the
Lower
House
unto
her
Majesty
,
for
intayling
the
succession
of
the
Crown
;
whereof
a
Bill
was
ready
drawn
by
them
.
The
Queen
being
highly
displeased
therewith
,
as
contrary
to
her
former
strict
command
,
charged
the
LORDS
of
her
COUNCIL
to
call
the
parties
before
them
,
which
they
did
;
and
after
Speech
with
them
commanded
them
to
forbear
the
Parliament
,
and
not
to
go
out
of
their
lodgings
:
after
which
Mr.
Wentworth
was
committed
by
them
to
the
Tower
,
Sir
Henry
Bromley
,
with
Mr.
Richard
Stevens
,
and
Mr.
Welch
,
(
to
whom
Sir
Henry
had
imparted
the
matter
)
were
committed
to
the
Fleet
,
sitting
the
Parliament
.
And
when
Mr.
Wr●th
moved
in
the
House
,
that
they
might
be
humble
suters
to
her
Majesty
,
that
she
would
be
pleased
to
set
at
liberty
those
Members
of
the
House
that
were
restrained
;
It
was
answered
by
all
the
Privy
Counsellors
there
present
:
That
her
Majesty
committed
him
for
causes
best
known
to
her self
,
and
to
press
her
Highness
with
this
sute
,
would
but
hinder
them
whose
good
as
fought●
That
the
House
must
not
call
the
Queen
to
account
for
what
she
doth
of
her
royal
Authority
:
That
the
causes
for
which
they
are
restrained
,
may
be
high
and
dangerous
:
That
her
Majesty
liketh
no
such
questions
,
neither
doth
it
become
the
House
to
search
into
these
matters
.
In
the
same
Parliament
,
M.
Morrice
,
Attorny
of
the
Court
of
Wards
,
by
a
Serjeant
at
Arms
was
taken
out
of
the
Commons
House
,
Febr.
28.
and
committed
to
prison
by
the
Queens
command
;
for
delivering
in
a
Bill
against
the
abuses
of
the
Bishops
,
on
Tuesday
Febr.
27.
against
which
many
Members
spake
,
that
it
should
not
be
read
:
The
Queen
hearing
of
it
,
sent
for
Sir
Edward
Cooke
,
then
Speaker
,
the
same
day
,
giving
him
in
command
with
her
own
mouth
to
signifie
to
the
House
,
her
dislike
of
the
said
Bill
preferred
by
Mr.
Morrice
,
and
charging
him
upon
his
Allegiance
,
if
any
such
Bill
he
exhibited
,
not
to
read
it
.
Adding
,
It
is
in
me
and
my
power
to
call
Parliaments
,
it
is
in
my
power
to
end
and
determine
them
:
it
is
in
my
power
to
assent
or
dissent
to
any
thing
done
in
Parliament
.
Lo
here
several
Members
of
the
Commons
House
,
imprisoned
by
the
Queens
command
by
the
Lords
of
her
Council
,
for
disobeying
her
express
commands
in
her
Speech
,
in
medling
in
matters
of
State
and
Ecclesiastical
affaires
,
which
she
had
forbidden
them
to
do
:
So
farr
was
the
Commons
house
then
from
being
the
Judges
,
or
sole
Judges
of
their
own
Members
,
privileges
,
speeches
,
or
actions
in
the
House
it self
,
even
in
this
good
Queens
late
reign
of
blessed
memory
.
In
the
same
Parliament
of
35
Eliz.
when
Sir
Edward
〈◊〉
was
Speaker
of
the
Commons
House
,
there
fell
out
a
question
in
the
Commons
House
about
the
Amendment
of
a
mistake
in
the
〈◊〉
of
the
Burgess
of
Southwark
:
and
after
long
debate
it
was
resolved
▪
that
the
House
could
not
amend
it
,
but
the
L●
.
Keeper
in
Chancery
,
●here
the
return
was
of
record
,
if
he
thought
it
amendable
by
Law
;
and
that
Master
Speaker
should
wait
upon
the
Lord
Keeper
about
it
,
which
he
did
;
who
advised
with
the
Judges
concerning
it
,
as
appears
by
the
Journal
.
In
the
same
Parliament
,
Thomas
Fitz-Herbert
of
Staffordshire
was
elected
a
Burgess
of
Parliament
,
and
two
hours
after
,
before
the
Indenture
returned
,
the
Sherif
took
him
prisoner
upon
a
Capias
Utlagatum
;
Whereupon
he
petitioned
the
House
,
that
he
might
have
a
Writ
of
Privilege
and
be
enlarged
.
After
many
dayes
debate
and
Arguments
of
this
case
in
the
House
by
sundry
Lawyers
,
and
Sir
Edward
Cooke
,
then
Speaker
;
it
was
agreed
;
That
no
Writ
of
Privilege
could
in
this
case
be
returned
into
the
House
of
Commons
,
being
but
a
Member
of
Parliament
,
and
no
Court
of
Record
,
but
only
into
the
Chancery
or
House
of
Peers
;
And
that
this
being
a
point
of
Law
,
it
was
meet
the
Judges
should
be
advised
with
,
and
determine
it
,
not
the
House
:
And
at
last
he
was
outed
of
his
privilege
by
the
Houses
resolution
,
These
forecited
presidents
in
all
ages
will
sufficiently
prove
the
late
objected
presidents
,
for
the
Commons
sole
Judicial
Authority
and
Jurisdiction
in
cases
of
Privilege
and
Elections
,
and
the
suspending
,
ejecting
,
fining
,
secluding
,
imprisoning
their
own
Members
,
and
such
who
violate
their
privileges
,
or
make
false
returns
;
to
be
a
meer
late
Groundless
Innovation
,
if
not
Usurpation
,
upon
the
King
,
House
of
Peers
,
and
Chancellors
of
England
,
no
ways
grounded
on
the
Law
and
custom
of
Parliaments
,
as
[
*
](A56189-e91730-b)
*
4
Instit.
p.
15.23
.
Sir
Edward
Cooke
mistakes
,
but
point-blank
against
them
both
,
and
that
the
Statutes
concerning
Elections
,
and
attendance
or
absence
of
Knights
and
Burgesses
,
as
5
R.
2.
c.
4.
7
H.
4.
c.
15.
11
H.
4.
c.
1.
1
H.
5.
c.
1.
6
H.
6.
c.
4.
8
H.
6.
c.
7.
10
H.
6.
c.
2.
11
H.
6.
c.
11.
23
H.
6.
c.
15.
which
[
(9)
](A56189-e91860-b)
(9)
See
the
Freeholders
Grand
Inquest
,
p.
15
,
16
cite
Our
Lord
the
King
willeth
,
commandeth
and
Ordaineth
,
or
hath
Ordained
,
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
upon
complaint
,
or
at
the
special
request
of
the
Commons
:
(
to
shew
that
they
are
only
Petitioners
,
not
Judges
,
nor
Ordainers
in
all
or
any
of
them
,
)
give
them
not
the
least
title
of
Jurisdiction
in
cases
of
elections
,
or
privileges
.
And
therefore
,
according
to
the
resolution
of
all
the
Judges
,
Hill.
2.
Jacobi
,
in
the
case
of
Penal
Statutes
,
Cook
7
Rep.
f.
37.
That
the
prosecution
of
penal
Statutes
cannot
by
law
be
granted
to
any
,
nor
be
prosecuted
or
executed
in
any
other
order
or
manner
of
proceeding
,
than
by
the
Acts
themselves
is
prescribed
and
provided
;
the
Commons
cannot
,
against
the
Letter
and
provision
of
all
those
Acts
,
be
Judges
of
them
in
any
other
manner
or
order
than
they
prescribe
.
As
for
their
proceedings
in
the
Committee
of
Privileges
touching
Elections
,
since
they
have
interposed
in
them
as
they
have
been
very
irregular
,
illegal
,
in
respect
all
the
Witnesses
they
examin
touching
them
are
unsworn
,
and
give
their
testimonies
without
Oath
,
upon
which
they
Ground
their
Votes
:
So
they
are
for
the
most
part
very
partial
,
and
for
that
cause
it
is
usually
stiled
,
The
Committee
of
Affections
;
he
that
can
make
the
most
Friends
and
strongest
party
,
being
sure
to
carry
the
election
for
the
most
part
,
both
at
the
Committee
and
in
the
House
,
though
never
so
foul
,
as
I
could
instance
in
many
cases
of
late
times
;
and
more
especially
in
the
case
of
the
Election
of
Cirencester
1647.
too
foul
to
blot
my
paper
with
.
For
their
suspending
,
secluding
,
ejecting
their
own
Members
,
I
have
sufficiently
manifested
its
illegality
long
since
in
my
Ardua
Regni
;
being
a
late
dangerous
president
began
within
our
memories
,
the
sad
effects
and
consequences
where
of
we
now
discern
by
these
dangerous
gradations
.
1.
The
Commons
began
to
seclude
one
another
upon
pretence
of
[
*
](A56189-e92030-b)
*
Cook
4
Instit.
p.
23.
undue
elections
and
retornes
in
Queen
Elizabeths
reign
,
but
not
before
,
which
they
have
since
continued
,
and
that
rather
to
strengthen
or
weaken
a
party
in
the
House
,
then
to
rectifie
undue
elections
and
retorns
,
which
a
good
Act
would
easily
do
.
2ly
.
In
the
later
and
last
Parliaments
of
King
Charls
they
[
*
](A56189-e92070-b)
*
See
an
Exact
Collection
of
Ordinances
,
p.
541
,
542
,
543
,
to
558.
began
to
seclude
Projectors
;
though
duly
elected
.
3ly
.
They
proceeded
to
suspend
and
eject
such
who
were
royallists
,
and
adhered
to
the
late
Kings
party
.
4ly
.
They
proceeded
to
imprison
and
eject
those
Members
whom
the
Army
[
*
](A56189-e92090-b)
*
See
my
Epististle
to
my
Speech
in
Parliament
,
Decemb.
4.
2648.
The
2
part
of
the
History
of
Independency
.
Offices
impeached
or
disliked
as
opposite
to
their
designs
.
5ly
.
The
Minority
of
the
House
at
last
,
by
the
power
of
the
Army
,
secured
,
secluded
,
expelled
the
Majority
,
and
50
or
60.
near
400
Members
,
and
made
themselves
the
Commons
House
without
them
.
6ly
.
They
then
proceeded
to
[
†
](A56189-e92100-b)
†
See
their
Declarations
and
knacks
of
17
and
19
Martii
1648.
&
Jan.
2.
1649.
vote
down
and
seclude
both
King
and
House
of
Lords
,
then
voted
themselves
to
be
the
Parliament
of
England
,
&
sole
Legislators
,
and
supream
authority
of
the
Nation
without
either
King
or
House
of
Lords
,
or
majority
of
their
fellow
Members
,
prescribing
an
Engagement
under
strictest
penalties
,
against
K.
&
House
of
Lords
,
to
seclude
them
from
all
future
Parliaments
.
7ly
.
Hereupon
the
[
†
](A56189-e92150-b)
†
See
their
Declarations
concerning
the
grounds
of
their
dissolutions
,
Aug.
22.
1652.
and
since
.
Army
Officers
and
Souldiers
,
(
who
made
,
continued
them
an
absolute
Parliament
,
and
first
of
all
subscribed
the
Engagement
to
be
true
and
faithfull
to
them
without
King
and
House
of
Lords
)
at
last
by
Divine
Justice
,
against
their
very
engagements
to
them
,
secluded
&
suppressed
them
all
,
as
they
had
done
the
King
,
Lords
,
and
their
fellow
Members
,
and
declared
them
to
be
actually
dissolved
,
and
no
longer
to
be
a
Parl.
or
the
supreme
authority
of
the
Nation
.
8ly
.
They
then
proceeded
to
chuse
and
nominate
a
Parliament
at
Whitehall
alone
,
without
the
peoples
election
;
and
then
one
part
of
them
,
without
the
rest
,
resigned
their
new
soveraign
power
,
and
secluded
,
dissolved
the
residue
,
and
turned
them
out
of
doors
.
9ly
.
They
then
proceeded
to
a
New
model
of
Parliaments
,
wherein
they
disabled
most
of
the
Freeholders
,
Citizens
and
Burgesses
of
England
to
be
either
Electors
or
elected
Members
,
contrary
to
their
privilege
,
and
all
former
laws
for
elections
:
appointed
those
they
stiled
,
the
Council
of
State
at
Whitehall
,
to
seclude
what
Members
they
pleased
(
though
duly
chosen
according
to
their
new
ill-tuned
instruments
)
before
or
without
any
examination
,
or
reason
rendred
for
their
seclusion
to
the
secluded
Members
,
or
their
Electors
for
their
new
created
Parliaments
:
by
which
means
they
secluded
whom
and
how
many
they
pleased
in
all
their
late
conventions
;
And
most
of
those
Reipublican
Members
and
some
cashiered
Army
Officers
,
who
were
most
active
in
securing
,
secluding
their
fellow
Members
in
December
1648.
and
in
voting
down
the
King
and
House
of
Lordspunc
;
who
may
now
justly
say
as
Ado●bez●eh
once
did
in
another
case
,
Judg.
1.8
.
As
I
have
done
unto-others
,
so
God
hath
requited
me
;
being
secluded
,
secured
,
cashiered
,
dissolved
,
and
some
of
them
sent
prisoners
to
remote
Castles
,
(
as
they
secluded
and
thus
imprisoned
my self
,
with
other
their
fellow
Members
without
cause
)
and
most
justly
branded
in
several
Pamplets
and
[
†
](A56189-e92340-b)
†
The
Declaration
of
the
General
and
Officers
of
the
Army
,
Aug.
22.
1653.
p.
4
,
5
,
6.
A
true
State
of
the
Common-wealth
of
England
,
&c.
p.
8
,
9
,
10
,
11.12
.
&c.
Declarations
for
a
CORRVPT
PARTY
,
carrying
on
their
own
ends
,
to
perpetuate
themselves
in
their
late
Parliamentary
and
supream
Authority
;
never
answering
the
ends
which
God
,
his
people
,
and
the
whole
Nation
expected
from
them
,
but
exercizing
an
arbitrary
power
at
Committees
(
and
elsewhere
)
over
them
,
likely
to
swallow
up
the
antient
Liberties
and
Properties
of
the
People
,
&
to
increase
their
vexations
,
&c.
as
they
had
most
unjustly
taxed
the
secluded
Members
1648.
for
[
†
](A56189-e92390-b)
†
See
my
Epistle
to
my
Speech
in
Parliament
.
A
CORRVPT
MAJORITY
,
acting
contrary
to
their
trusts
:
Which
I
desire
them
now
seriously
to
lay
to
heart
,
and
to
acknowlege
Gods
Soveraign
Justice
therein
.
10ly
.
Their
new
Major
Generals
in
their
last
elections
,
prescribed
to
all
Countries
,
and
to
most
Cities
,
Burroughs
,
by
letters
,
&
lists
of
names
sent
to
them
,
what
persons
they
must
elect
,
secluding
those
they
elected
which
were
not
in
their
lists
,
and
caused
Sherrifs
to
return
many
they
nominated
,
though
never
elected
,
but
protested
against
by
those
who
were
to
chuse
them
:
rather
to
carry
on
private
interests
,
designs
,
than
the
private
or
publike
good
Laws
,
Liberties
,
Properties
,
Peace
,
Ease
of
the
Nation
from
importable
Taxes
,
Excizes
,
Slaverie
;
and
armed
guards
,
and
to
set
up
private
Conventicles
,
Parties
,
instead
of
free
publike
English
Parliaments
,
duly
elected
and
constituted
.
These
the
sad
effects
of
this
Innovation
and
Usurpation
of
the
Commons
over
their
own
Members
,
by
the
objected
Presidents
,
which
by
Divine
Justice
,
have
made
all
their
new
modelled
Conventions
abortive
,
successess
,
yea
to
end
in
sudden
confusions
,
and
unexpected
dissolutions
ever
since
.
Besides
,
from
this
their
late
fining
,
imprisoning
and
judging
of
their
fellow
Members
in
the
House
,
they
proceeded
in
the
last
long
Parl.
to
make
almost
every
Committee
of
the
Commons
House
,
a
most
arbitrary
&
tyrannical
Court
of
Justice
,
independent
on
the
House
it self
,
without
any
report
at
all
of
their
proceedings
to
the
House
;
[
*
](A56189-e92470-b)
*
An
Exact
Collection
,
p.
500
,
523
,
526.
authorizing
Committees
to
secure
,
imprison
,
close
imprison
,
cashire
,
banish
,
condemn
,
execute
many
persons
,
sequester
,
confiscate
,
sell
,
dispose
their
Inheritances
,
Offices
,
Lands
,
Tenements
,
Benefices
,
real
and
personal
estates
;
to
deprive
them
of
their
callings
,
professions
;
to
search
and
break
up
their
houses
,
by
Soldiers
and
others
,
without
any
legal
sworn
Officers
,
day
and
night
,
to
seize
their
Letters
,
Papers
,
Horses
,
Arms
,
Plate
,
Money
,
yea
debts
in
other
mens
hands
at
pleasure
;
to
indemnifie
and
stay
their
legal
actions
,
sutes
,
Judgements
at
Law
,
and
null
their
executions
at
their
pleasures
;
yea
to
commit
them
till
they
released
all
sutes
,
actions
,
Judgements
,
and
paid
costs
and
damages
to
those
they
justly
sued
,
and
recovered
against
,
to
adde
affliction
to
affliction
,
and
cruelty
,
oppression
to
injustice
.
These
are
the
bitter
fruits
of
Commons
usurped
judicature
,
whereof
there
are
thousands
of
most
sad
presidents
which
may
hereafter
be
objected
to
prove
the
sole
Power
of
Judicature
to
reside
of
right
,
not
in
the
K.
or
House
of
Lords
,
but
in
the
Commons
House
alone
,
and
every
of
their
Committees
,
especially
for
Examinations
,
Plundered
Ministers
,
Sequestrations
,
Indempnity
,
Haberdashers
and
Goldsmiths
Halls
,
Privileges
,
sales
of
Delinquents
,
the
Kings
Queens
,
Princes
,
Lands
and
Estates
,
Excise
,
the
Army
,
Navy
,
and
the
like
:
yea
in
their
new
created
High
Courts
of
Justice
;
who
have
acted
as
absolute
arbitrary
,
unlimited
,
lawlesse
Courts
of
justice
in
the
highest
degree
,
to
the
subversion
,
destruction
of
the
antient
Liberties
,
Freeholds
,
Properties
,
Great
Charters
,
and
fundamental
Laws
of
the
Nation
in
general
,
and
of
thousands
of
the
highest
&
lowest
degree
of
English
Freemen
in
particular
;
with
as
much
ground
of
reason
,
&
Warrant
from
the
many
late
Presidents
of
this
Nature
,
as
these
here
objected
,
to
prove
a
so●e
right
of
●udicature
in
the
Commons
House
,
in
cases
of
undue
elections
,
retorns
,
misdemeanors
,
privileges
relating
to
their
Members
and
their
seruants
.
Which
strang
exorbitant
Presidents
and
Proceedings
,
if
they
should
be
made
Patterns
for
future
Parliaments
and
Committees
;
I
shall
desire
all
sober
minded
men
to
consider
of
the
dangerous
consequences
of
them
,
thus
notably
expressed
by
the
late
King
in
his
[
†
](A56189-e92640-b)
†
Exact
Collect
.
p.
768
,
769
,
770.
Answer
concerning
the
Ordinance
for
imposing
and
levying
the
20th
.
part
of
mens
estutes
29
November
1642.
After
this
Ordinance
and
Declaration
,
t
is
not
in
any
sober
mans
power
to
believe
himself
worth
any
thing
,
or
that
there
is
such
a
thing
as
Law
,
Liberty
,
Property
,
left
in
England
under
the
jurisdiction
of
these
men
;
and
the
same
power
that
robs
them
now
of
the
twentieth
part
of
their
estates
,
hath
by
that
but
made
a
claim
,
and
entituled
it self
to
the
other
nineteen
,
whne
it
shall
be
thought
fit
to
hasten
the
general
ruine
.
Sure
,
if
the
minds
of
all
men
be
not
stubbornly
prepared
for
servitude
,
they
will
look
on
this
Ordinance
,
as
the
greatest
prodigie
of
Arbitrary
power
and
tyranny
that
any
age
hath
brought
forth
in
any
Kingdom
;
other
grievances
(
and
the
greatest
)
have
been
conceived
intollerable
,
rather
by
the
logick
and
consequence
,
than
by
the
pressure
it self
;
this
at
once
sweeps
away
all
that
the
wisdom
and
justice
of
Parliaments
have
provided
for
them
.
Is
their
property
in
their
estates
(
so
carefully
looked
to
by
their
ancestors
,
and
so
amply
established
by
Us
against
any
possibility
of
Invasion
from
the
Crown
)
which
makes
the
meanest
Subject
as
much
a
Lord
of
his
own
,
as
the
greatest
Peer
,
to
be
valued
or
considered
?
here
is
a
twentieth
part
of
every
mans
estate
(
or
so
much
more
as
four
men
will
please
to
call
the
twentieth
part
)
taken
away
at
once
,
and
yet
a
power
left
to
take
a
twentieth
still
of
that
which
remains
,
and
this
to
be
levied
by
such
circumstances
of
severity
,
as
no
Act
of
Parliament
ever
consented
too
.
Is
their
liberty
which
distinguishes
subjects
from
slaves
,
and
in
which
this
freeborn
Nation
hath
the
advantage
of
all
Christendom
dear
to
them
?
they
shall
not
only
be
imprisoned
in
such
places
of
this
kingdom
(
a
latitude
of
judgement
,
no
Court
can
challenge
to
it self
in
any
cases
)
but
for
so
long
time
as
the
Committee
of
the
House
of
Commons
for
Examination
shall
appoint
and
Order
;
the
House
of
Commons
it self
having
never
assumed
,
or
in
the
least
degree
pretended
to
a
power
of
Judicature
,
having
no
more
authority
to
administer
an
Oath
(
the
only
way
to
discover
and
find
out
the
truth
of
facts
)
than
to
cut
off
the
heads
of
any
our
Subjects
;
and
this
Committee
being
so
far
from
being
a
part
of
the
Parliament
,
that
it
is
destructive
to
the
whole
,
by
usurping
to
it self
all
the
power
of
King
,
Lords
,
and
Commons
.
All
who
know
any
thing
of
Parliament
,
know
that
a
Committee
of
either
House
ought
not
by
Law
to
publish
their
own
results
,
neither
are
their
conclusions
of
any
force
without
the
confirmation
of
the
House
,
which
hath
the
same
power
of
controling
them
,
as
if
the
matter
had
never
been
debated
;
but
that
any
Committee
should
be
so
contracted
(
as
this
of
examination
,
a
stile
no
Committee
ever
bore
before
this
Parliament
)
as
to
exclude
the
Members
of
the
House
,
who
are
equally
trusted
by
their
Country
,
from
being
present
at
the
Counsels
,
is
so
monstrous
to
the
privileges
of
Parliament
,
that
it
is
no
more
in
the
power
of
any
man
to
give
up
that
freedom
,
than
of
himself
to
order
,
that
from
that
time
the
place
for
which
he
serves
,
shall
never
more
send
a
Knight
or
Burgesse
to
the
Parliament
,
and
in
truth
is
no
lesse
than
to
alter
the
whole
frame
of
government
,
to
pull
up
Parliaments
by
the
roots
,
and
to
commit
the
lives
,
liberties
,
and
estates
of
all
the
people
of
England
,
to
the
arbitrary
power
of
a
few
unqualified
persons
,
who
shall
dispose
thereof
according
to
their
discretion
,
without
account
to
any
rule
or
authority
whatsoever
.
Are
their
friends
,
their
wives
,
and
children
(
the
greatest
blessings
of
peace
,
and
comforts
of
life
)
pretious
to
them
?
would
their
penury
and
imprisonments
be
lesse
grievous
by
those
cordials
?
they
shall
be
divorced
from
them
,
banished
,
and
shall
no
longer
remain
within
the
Cities
of
London
and
Westminster
,
the
Suburbs
and
the
Counties
adjacent
,
and
how
far
those
adjacent
Counties
shall
extend
no
man
knows
.
The
3
sort
of
Presidents
and
Objections
are
such
,
as
Lilburn
and
Overton
insist
on
,
to
prove
;
That
the
King
and
Lords
have
no
power
at
all
to
judge
or
censure
Commoners
in
our
Parliament
.
The
only
Record
they
insist
on
is
the
Lords
own
Protestation
in
4
E.
3.
n.
2.
&
6.
in
the
case
of
Sir
Simon
Bareford
;
which
because
I
have
already
fully
answered
,
p.
323
,
324
,
325.
and
cleared
by
sundry
subsequent
presidents
,
and
there
being
no
one
president
in
any
Parliament
since
to
contradict
it
,
I
shall
wholly
pretermit
,
and
proceed
to
their
objections
,
which
are
only
two
.
The
first
and
principall
objections
whereon
they
most
insist
and
rely
,
is
the
Statute
of
Magna
Charta
,
chap.
29.
That
no
Free-man
shall
be
imprisoned
,
outlawed
,
exiled
,
or
any
other
may
destroyed
;
Nor
we
shall
not
passe
upon
him
nor
condemn
him
,
but
by
the
lawfull
judgement
of
his
Peers
,
or
by
the
Law
of
the
Land
.
Whence
thus
they
argue
:
The
Lords
in
Parliament
are
not
Commoners
Peers
,
but
the
Commons
only
;
therefore
they
cannot
be
judged
in
Parliament
by
the
Lords
,
but
by
the
Commons
alone
;
and
if
Peers
there
judge
Commoners
,
it
is
a
tyranny
and
usurpation
even
against
Magna
Charta
it self
,
though
it
be
in
case
of
privilege
.
To
take
away
this
grand
seeming
Objection
,
Petition
of
Right
was
passed
,
in
the
Lords
Judgement
and
Sentence
against
[
†
](A56189-e92950-b)
†
Here
p.
353.
&c.
Dr
Manwaring
a
Commoner
,
impeached
by
the
Commons
in
Parliament
.
And
therfore
for
this
Ignoramus
alone
,
against
the
judgment
of
the
Commons
in
Parl.
in
all
ages
,
to
averr
this
a
breach
of
Magna
Charta
for
imprisoning
and
sining
him
for
the
highest
affront
and
breach
of
privilege
ever
offered
to
any
Parl.
is
the
extremity
of
ignorance
,
malice
,
singularity
.
Secondly
,
I
answer
,
That
the
Statute
of
Magna
Charta
extendeth
not
to
,
nor
was
ever
intended
of
the
high
Court
of
Parliaments
Judgements
,
Proceedings
,
but
only
to
and
of
the
Proceedings
,
Judgements
in
the
Kings
great
Courts
of
Justice
at
Westminster
Hall
,
the
Exchequer
,
his
Privy
Council
,
and
other
inferior
Courts
held
before
Judges
,
Justices
of
Assise
,
and
other
Officers
,
as
is
evident
by
comparing
this
objected
Chapter
with
c.
11
,
12
,
13
,
14
,
18
,
28
,
30
,
34
,
37.
by
the
Statutes
of
25
E.
3.
Stat.
5.
c.
4.
28
E.
3.
c.
3.
37
E.
3.
c.
18.
38
E.
3.
c.
9.
42
E.
3.
c.
2.
17
R.
2.
c.
6.
and
the
Petition
of
Right
it self
,
3.
Caroli
,
which
so
expound
it
;
there
being
never
any
complaint
against
the
Parliament
it self
or
House
of
Peers
in
any
age
,
for
breach
of
Magna
Charta
,
in
censuring
or
imprisoning
Commoners
till
now
.
Therefore
this
misapplying
of
this
Law
to
the
Parl.
and
House
of
Peers
,
is
a
gross
oversight
.
Thirdly
,
the
very
literal
sence
of
this
Law
is
much
mistaken
by
the
Objectors
;
The
main
scope
whereof
is
this
,
That
no
man
should
be
deprived
of
his
Freehold
,
Liberties
,
Limbs
,
life
,
or
outlawed
,
exiled
,
or
otherwise
destroyed
,
without
legal
process
in
due
form
of
Law
,
in
Courts
of
Justice
;
not
by
meer
force
,
violence
,
injustice
,
arbitrary
and
tyrannical
power
,
or
martial
Law
,
nor
being
brought
to
his
legal
trial
or
answer
:
And
that
none
should
pass
upon
them
in
any
trials
for
freehold
,
or
life
,
but
only
English
Freemen
.
Now
in
respect
of
Freedom
,
any
,
every
Freeman
of
England
is
a
Peer
to
another
Freeman
,
quatenus
such
a
one
,
within
this
Law
,
though
of
an
higher
degree
in
point
of
honour
,
dignity
,
office
,
estate
;
as
Knights
,
Esquires
,
Gentlemen
,
Yeomen
,
Citizens
,
Merchants
;
these
as
Freemen
,
are
all
Peers
one
to
another
,
and
may
pass
upon
each
other
in
Juries
,
both
in
civil
and
criminal
causes
and
this
clause
[
(1)
](A56189-e93150-b)
(1)
Dyer
99.
Cook
2
Instit.
on
Magna
Charta
,
c.
14.
29.
See
Cook
2
Instit.
p.
27
,
29
,
49
,
50
,
51.
No
Freem●n
shall
be
imprisoned
,
&c.
but
by
the
lawfull
judgement
of
his
Peers
;
extends
only
to
villains
and
those
who
are
not
Freeholders
from
being
Iudges
of
Freemen
and
Freeholders
in
trials
by
Jury
,
(
whence
the
Writs
to
the
Sherifs
to
summon
Jurors
,
require
them
alwayes
to
return
Liberos
&
Legales
homines
)
not
to
exclude
Lords
or
Peers
(
who
are
Freemen
in
the
highest
degree
)
to
be
Judges
of
Commoners
who
are
Freemen
.
So
as
the
Argument
from
the
true
meaning
of
this
Law
can
be
but
this
,
in
respect
of
the
persons
quality
who
are
to
give
judgement
;
Villains
,
and
those
who
are
no
Freemen
,
are
not
to
be
Judges
of
,
or
impannelled
in
Juries
to
condemn
Freemen
;
because
they
are
not
their
Peers
,
nor
Freemen
as
well
as
they
:
Therefore
Lords
who
are
Freemen
of
the
highest
degree
,
may
not
give
judgement
against
Commoners
who
are
Freemen
;
Very
learned
nonsence
!
We
all
know
that
the
Lord
Chancellor
of
England
,
Lord
Keeper
,
Lord
Treasurer
,
Master
of
the
Court
of
Wards
,
and
some
of
the
Judges
of
the
Kings
Courts
in
Westminster
Hall
in
former
times
,
with
the
Chief
Justiciar
,
and
Justices
in
Eyre
,
were
antiently
,
and
of
late
too
(
as
the
Earl
of
Holland
and
others
)
Peers
of
the
Realm
,
not
Commoners
;
and
that
all
the
Peers
of
the
Realm
are
in
Commissions
of
Oyer
and
Terminer
,
and
of
the
Peace
;
yet
did
we
never
hear
of
any
Commoner
demurring
or
pleading
thus
to
any
of
their
Jurisdictions
in
Chancery
,
Kings
Bench
,
the
Exchequer
Chamber
,
Eyres
,
Assises
or
Sessions
;
Sir
,
I
am
a
Commoner
,
and
you
are
a
Peer
of
the
Realm
,
but
no
Commoner
as
I
am
;
besides
,
you
sit
here
only
in
the
Kings
right
,
doing
all
in
his
name
,
and
representing
his
person
,
who
is
not
my
Peer
,
but
Sovereign
.
Therefore
you
ought
not
to
judge
my
cause
,
condemn
my
person
,
nor
give
any
sentence
for
or
against
me
,
it
being
contrary
to
Magna
Charta
,
which
enacts
,
That
no
freeman
should
be
judged
or
passed
upon
,
or
condemned
,
but
by
the
lawfull
judgement
of
his
Peers
.
Certainly
no
person
was
ever
yet
so
mad
or
sottish
,
to
make
such
a
Plea
before
Ignoramus
Lilburn
;
And
if
Lords
,
Peers
may
judge
the
persons
,
causes
of
Commoners
in
the
Chancery
,
Kings
Bench
,
Exchequer
,
Court
of
Wards
,
Eyres
,
and
at
Assises
,
Sessions
,
without
any
violation
of
this
clause
in
Magna
Charta
;
(
though
they
are
[
*
](A56189-e93530-b)
*
48
E.
3.30
.
Br.
Exempt
.
3.
Fitz.
N.
Brev.
f.
165.
e.
exempted
to
be
impannelled
or
serve
in
Juries
,
in
cases
of
Commoners
,
as
Commoners
in
Juries
to
try
them
)
much
more
may
the
House
of
Peers
in
Parliament
doe
it
;
who
are
certainly
Peers
to
Commoners
,
as
Freemen
,
though
Commoners
be
not
Peers
to
them
,
as
Lords
,
within
the
meaning
of
Magna
Charta
,
chap.
29.
Fourthly
,
If
the
Lords
in
Parliament
cannot
meddle
with
,
or
give
judgement
in
Commoners
causes
,
without
breach
of
this
clause
in
Magna
Charta
,
then
why
did
[
(2)
](A56189-e93620-b)
(2)
See
his
Innocency
&
Truth
justified
.
Lilburn
himself
sue
and
petition
to
the
Lords
as
the
only
competent
Judges
to
reverse
his
sentence
in
Star
,
Chamber
,
and
give
him
damages
,
because
it
was
against
this
very
Chapter
of
Magna
Charta
?
If
Lords
cannot
give
judgement
in
the
case
of
Commoners
,
as
now
he
holds
,
without
express
violation
of
this
Law
;
then
himself
in
petitioning
the
Lords
to
relieve
him
against
the
Star-Chamber
sentence
,
because
contrary
to
this
very
Law
and
Chapter
of
Magna
Charta
,
was
a
great
a
violator
of
it
,
as
his
Star-Chamber
censurers
,
and
his
sentence
in
Star-chamber
remains
still
unreversed
,
because
the
Lords
examining
,
reversing
of
it
,
(
they
being
no
Commoners
as
he
is
,
but
Peers
,
)
was
Coram
non
judice
,
and
meerly
void
,
by
the
Statute
of
25
E.
3.
Stat.
5.
c.
4.
because
contrary
to
Magna
Charta
it self
,
as
he
now
expounds
it
.
Let
him
therefore
unriddle
,
assoyl
this
his
own
Dilemma
,
or
for
ever
hold
his
tongue
and
pen
,
from
publishing
such
absurdities
to
seduce
poor
people
,
as
he
hath
done
;
to
exasperate
them
to
clamour
against
the
Lords
,
for
being
more
favourable
in
their
censure
of
him
,
than
his
transcendent
Libels
and
contempts
against
them
deserved
.
Fifthly
,
This
Statute
is
in
the
disjunctive
,
by
the
Lawfull
Judgement
of
his
Peers
;
OR
BY
THE
LAW
OF
THE
LAND
,
which
this
Ignoramus
observes
not
.
Now
by
the
[
†
](A56189-e93810-b)
†
See
Brook
and
Ashe
,
Amerciament
&
Fine
for
contempts
.
Law
of
the
Land
,
every
inferiour
Court
of
Justice
may
fine
and
imprison
men
for
contempts
,
or
misdemeanors
against
them
and
their
authority
:
therefore
the
Lords
in
Parliament
being
the
highest
Tribunal
,
may
much
more
do
it
,
and
have
ever
done
it
,
even
by
this
express
clause
of
Magna
Charta
,
and
the
Law
and
Custom
of
Parliament
,
as
well
as
they
may
give
[
(3)
](A56189-e93860-b)
(3)
Cook
4.
Instit.
p.
21.
judgements
in
writs
of
Error
against
or
for
Commons
,
without
the
Commons
consent
,
as
himself
doth
grant
:
yea
,
and
by
the
Kings
concurrent
assent
,
declare
what
is
Treason
,
and
what
not
,
within
the
Statute
of
25
E.
3.
c.
20.
in
the
cases
of
Commoners
as
well
as
Lords
,
without
the
Commons
;
as
they
did
in
the
forecited
cases
of
William
de
Weston
and
Lord
of
Gomines
,
1
R.
2.
n.
38
,
39
,
40.
Of
William
Thorp
,
25
E.
3.
n.
10.
Of
Thomas
Haxey
,
20
R.
2.
n.
15
,
16.23
.
Of
Sir
Thomas
Talbot
,
13
R.
2.
n.
20
,
21.
Of
Sir
Robert
Plesington
,
and
Henry
Bowhert
,
22
R.
2.
Plac.
Coronae
in
Parliamento
,
n.
27
,
28.
Of
John
Hall
,
1
H.
4.
Plac.
Coronae
in
Parl.
n.
11.
to
17.
Of
Sir
Ralph
Lumley
and
others
,
4
H.
4.
n.
15.
19
,
20
,
21.
Of
Sir
John
Oldcastle
,
5
H.
5.
n.
11.
and
of
Sir
John
Mortymer
,
2
H.
6.
n.
18.
as
the
Commons
and
Judges
in
all
those
Parliaments
agreed
without
contradiction
,
against
the
erronious
opinion
of
Sir
Edward
Cooke
to
the
contrary
in
his
3.
Institutes
,
p.
22.
Sixthly
,
It
is
granted
by
Lilburn
,
that
by
this
express
Law
,
No
Freeman
of
England
ought
to
be
judged
or
censured
but
only
by
his
Peers
,
and
that
Commoners
are
no
Peers
to
Nobles
,
nor
Noblemen
Peers
to
Commoners
;
Then
by
what
Law
or
reason
dared
he
to
publish
to
the
world
,
[
(d)
](A56189-e94130-b)
(d)
And
my
Lords
,
I
tell
you
to
your
faces
,
THAT
BY
RIGHT
THE
HOUSE
OF
COMMONS
ARE
your
JUDGES
IN
THIS
CASE
,
as
well
as
mine
.
An
Anatomy
of
the
Lords
Tyranny
and
Injustice
,
p.
14.
That
the
House
of
Commons
are
the
Supreme
Power
within
this
Realm
,
and
THAT
BY
RIGHT
THEY
ARE
THE
LORDS
JUDGES
?
certainly
this
is
a
Note
beyond
Ela
;
a
direct
contradiction
to
Magna
Charta
in
this
very
clause
wherein
he
placeth
his
strength
,
and
subverts
his
very
ground-work
against
the
Lords
Jurisdiction
in
their
censure
of
him
.
For
if
the
House
of
Commons
be
by
right
the
Lords
Iudges
,
then
by
Magna
Charta
,
c.
29.
they
are
and
ought
to
be
their
Peers
;
and
if
the
Commons
be
the
Lords
Peers
,
then
the
Lords
must
be
the
Commons
Peers
too
;
and
if
so
,
then
they
may
lawfully
be
his
Judges
even
by
Magna
Charta
,
because
here
he
grants
them
to
be
no
other
than
his
Peers
;
Lo
the
head
of
this
great
Goliah
of
the
Philistin
Levellers
,
cut
off
with
his
own
sword
;
and
Magna
Charta
for
ever
vindicated
from
his
ignorant
and
sottish
contradictory
Glosses
on
it
.
Now
to
convict
him
of
his
Errour
,
in
affirming
the
House
of
Commons
to
be
by
right
the
Lords
Judges
,
I
might
inform
him
(
as
I
have
formerly
proved
at
large
)
that
Magna
Charta
it self
,
c.
14.
&
29.
and
Sir
Edward
Cook
(
his
chief
Author
)
in
his
commentary
on
them
,
are
express
against
him
;
that
in
the
Parliament
of
15
E.
3.
ch.
2.
in
print
,
it
was
enacted
:
That
whereas
before
this
time
the
Peers
of
the
Land
have
been
arrested
and
imprisoned
,
and
their
Temporalties
,
Lands
and
Tenements
,
Goods
and
Chattels
seised
into
the
Kings
hands
,
and
some
put
to
death
,
without
Iudgement
of
their
Péers
;
that
no
Peer
of
the
Land
,
Officer
or
other
,
by
reason
of
his
office
,
nor
of
things
touching
his
office
,
nor
by
other
cause
shall
be
brought
in
judgement
,
to
lose
his
Temporalties
,
Lands
,
Tenements
,
Goods
,
Chattels
,
nor
to
be
arrested
or
imprisoned
,
outlawed
,
exiled
,
nor
forejudged
,
nor
put
to
answer
,
nor
to
be
judged
,
but
by
award
of
the
said
Péers
in
Parliament
;
which
privilege
of
theirs
was
both
enjoyed
and
claimed
in
Parliament
,
4
E.
3.
n.
14
,
15
E.
3.
n.
6
,
8
,
44
,
49
,
51.
17
E.
3.
n.
22.
18
E.
3.
n.
7.
to
16.
10
R.
2.
n.
7
,
8.
11
R.
2.
n.
7
,
&c.
and
sundry
other
Parliament
Rolls
.
See
Cook
4.
Instit.
p.
15.
17
E.
3.
19.
Cromptons
Jurisdiction
of
Courts
,
f.
4.
12
,
13.
Stamford
,
f.
151
,
152.
This
Paradox
therefore
of
his
,
is
against
all
Statutes
,
Law-Books
,
Presidents
whatsoever
,
and
Magna
Charta
it self
.
And
as
false
an
assertion
,
as
that
the
Subjects
are
the
Judges
of
their
Soveraign
,
the
Servants
of
their
Masters
,
the
children
of
their
Parents
,
the
Wi●es
of
their
Husbands
,
the
Soldiers
of
their
General
,
and
the
feet
and
lower
members
of
the
Head
.
The
second
&
only
Objection
more
of
moment
,
is
this
;
I
answer
,
first
,
Higher
House
of
Peers
,
which
is
paramount
them
.
Thirdly
,
I
conceive
the
House
of
Peers
,
being
the
Superior
Authority
,
and
only
Judicatory
in
Parliament
,
may
relieve
or
release
any
Commoners
unjustly
imprisoned
or
censured
by
the
Commons
house
,
or
any
of
their
Committees
,
and
ought
in
justice
to
doe
it
;
or
else
there
will
be
the
same
mischief
or
a
greater
,
in
admitting
the
house
of
Commons
to
be
Judges
of
Commoners
,
if
there
be
no
appeal
from
them
to
the
Lords
,
in
case
their
sentences
be
illegal
or
unjust
.
Thirdly
,
This
mischief
is
but
rare
,
and
you
may
object
the
same
against
a
sentence
given
,
or
Law
made
in
Parliament
,
by
the
King
and
both
Houses
,
[
†
](A56189-e94640-b)
†
28
E.
3.
n.
8.
to
16.
21
E.
3.
46.
b.
7
H.
6.
29
a.
Cook
4.
Instit.
p.
21
,
23.
4
E.
3.
n.
14.
Brook
,
Cromptons
Jurisdiction
of
Parl.
and
all
Statutes
for
repealing
former
Parliaments
,
Acts
,
Judgements
,
or
Attainders
.
because
there
is
no
appeal
from
it
,
but
only
to
the
next
or
some
other
Parliament
that
shall
be
summoned
,
by
petition
in
the
nature
of
a
Writ
of
Error
.
There
is
a
greater
grievance
in
all
ill
publique
Acts
which
concern
many
,
than
in
ill
judgements
which
concern
but
one
or
two
particular
persons
;
which
yet
cannot
be
repealed
but
by
another
Parliament
;
as
the
Errours
and
decrees
of
one
General
Council
cannot
be
rectified
or
reversed
,
but
by
and
till
another
General
Council
meets
to
do
it
.
The
same
mischief
was
and
is
in
Errours
,
Judgements
,
and
Decrees
given
in
the
Kings
Bench
,
Chancery
,
&
in
illegal
commitments
by
them
;
for
which
there
is
no
relief
out
of
Parliament
,
but
to
wait
till
a
new
Parliament
be
called
.
For
this
I
shall
cite
one
memorable
Record
(
besides
the
forecited
cases
of
the
two
Spencers
,
Roger
Mortimer
,
Matravers
,
Earls
of
Arundel
,
Salisbury
,
and
others
)
relating
to
the
Parliaments
of
Ireland
.
Claus.
46
E.
3.
m.
25.
Pro
Hominibus
de
Hybernia
de
Custumae
oneribus
revocandis
,
Roberto
de
Ashton
Iustic
.
Hyberniae
.
A
complaint
was
made
from
some
of
Ireland
to
the
King
,
that
Willielmus
de
Windsore
being
Lieutenant
of
Ireland
,
at
the
first
Parliament
held
there
after
his
coming
,
desired
diversa
Custumae
et
onera
quae
antea
alique
tempore
concessa
non
fuerunt
,
viz.
de
quolibet
lasto
halicium
,
3
s.
with
divers
impositions
more
on
most
commodities
there
expressed
.
Et
licet
Praelati
,
Magnates
,
et
alii
ligei
nostri
PRO
MAJORI
PARTE
in
dicto
Parliamento
nostro
existentes
,
concessionem
,
levationem
et
solutionem
Custumae
et
onerum
supradictorum
ABSQUE
ASSENSU
MINORIS
PARTIS
DICTI
PARLIAMENTI
CONCESSERVNT
per
tres
annos
tantum
,
et
non
ultra
concesserunt
,
praefatus
tamen
Willielmus
et
alii
de
Consilio
suo
,
●
rotulo
Cancellariae
nostrae
ejusdem
terrae
irrotulari
et
registrari
fecerunt
,
quod
dictae
Custumae
et
onera
per
OMMES
in
dicto
Parliamento
praesentes
perpetuis
temporibus
percipienda
,
concessa
fuerunt
;
in
ipsorum
nostrorum
ligeorum
terrae
nostrae
praedict:
destructionem
et
depauperationem
manifestam
.
Unde
Nobis
supplicarunt
,
&c.
Et
ideo
Vobis
mandamus
,
quod
praemissa
omnia
et
singula
ejusdem
,
modo
et
forma
quibus
gesta
et
act
a
fuerunt
IN
PROXIMO
PARLIAMENTO
NOSTRO
in
terra
praedicta
tenendo
,
coram
Praelatis
,
Magnatibus
e●
Communitate
dicti
Parliamento
recitari
ac
dec●arari
facias
.
Etsi
per
expositionem
et
examinationem
Vobis
constare
poterit
praemissa
veritatem
continere
,
tunc
irrotulationem
ac
recordum
concession●s
custumae
et
onerum
praedict:
DE
ASSENSV
DICTI
PARLIAMENTI
cancellari
,
et
damnari
,
et
levationem
et
exactionem
Custumae
praedict:
ratione
concessionis
antedictae
post
dictum
triennium
supersederi
facias
omnino
.
Teste
,
&c.
28
Maii.
It
appears
likewise
by
Claus
.
47.
E.
3.
m.
3.
De
quodam
subsidio
in
Hybernia
levando
,
that
they
likewise
complained
by
Petition
to
the
King
that
the
said
William
de
Windsor
whiles
he
was
Lieutenant
of
Ireland
,
had
imposed
on
them
a
subsidy
of
5000
l.
in
the
two
last
Parliaments
there
held
at
Kilkenny
and
Balydoill
,
against
their
wills
and
their
free
grants
;
whereupon
the
King
had
sent
a
Writ
,
that
it
should
not
be
levied
:
pro
eo
tamen
,
that
we
are
since
informed
by
the
GREAT
MEN
,
and
other
credible
persons
of
Ireland
,
that
the
5000
l.
was
FREELY
GIVEN
AND
GRANTED
by
the
Lords
,
Greatmen
,
and
Commons
in
these
Parliaments
,
ET
NON
PER
VIAM
IMPOSITIONIS
EXACT
:
as
was
suggested
.
Volumus
de
avisamento
Concilii
nostri
,
quod
omnes
denarios
de
dicta
summa
5000.
librarum
qui
a
retro
existunt
;
&
nondum
levati
de
hominibus
et
ligeis
nostris
terrae
nostrae
praedictae
,
juxta
formam
concessionis
eorundem
leventur
,
&c.
Teste
apud
Westmonasterium
20
Decembris
.
Finally
,
He
that
suffers
by
and
under
an
unjust
censure
,
will
have
the
comfort
of
a
good
Conscience
to
support
him
till
he
be
relieved
;
and
therefore
he
[
(1)
](A56189-e94990-b)
(1)
Luk.
21.19
1
Pet.
3.14
.
Heb.
10.32
,
33
,
34.
must
possess
his
Soul
with
Patience
,
and
rejoyce
under
his
cross
,
and
not
rail
,
murmur
,
and
play
the
Bedlam
,
as
Lilburn
,
his
Companions
,
Overton
,
Larnar
,
and
other
Sectaries
doe
,
against
our
[
(2)
](A56189-e95060-b)
(2)
1
Pet.
2.15
.
to
21.
c.
4.16
.
Isay
53.7
Saviours
own
precept
and
example
,
and
then
God
in
his
due
season
will
[
(3)
](A56189-e95080-b)
(3)
Psal.
●
,
&
37.
&
46.
relieve
and
right
them
in
a
legal
way
;
whereas
their
impatience
,
raving
,
and
libellous
railing
Pamphlets
and
Petitions
(
not
savouring
of
a
Christian
,
meek
and
humble
spirit
)
will
but
create
them
new
troubles
,
expose
them
unto
just
and
heavy
censures
,
and
rob
them
both
of
the
comfort
and
glory
of
al
their
former
suffrings
against
Law
and
Reason
.
Having
answered
these
Objections
,
I
shall
now
earnestly
desire
all
Lilburns
and
Overtons
seduced
Disciples
,
whether
Members
or
others
,
seriously
to
weigh
and
consider
the
premises
,
that
so
they
may
see
how
grossely
they
have
been
deluded
,
abused
;
and
misled
by
these
two
Ignes
fatui
,
or
New-lights
of
the
Law
,
and
Circumscribers
of
the
Lords
and
Parliaments
Jurisdictions
,
which
(
God
knows
)
they
no
more
know
nor
understand
than
Balams
Asse
;
as
the
premises
demonstrate
;
and
I
shall
seriously
adjure
them
(
if
they
have
any
grace
,
shame
,
or
remainder
of
ingenuity
left
in
them
)
ingeniously
to
recant
,
and
publiquely
to
retract
all
their
seditious
railing
Libels
and
Scurrilous
Invectives
against
the
Lords
[
*
](A56189-e95220-b)
*
Which
to
deprive
them
of
must
be
an
act
of
the
highest
injustice
and
unrighteousness
that
may
be
excluding
the
Actors
thereof
both
from
the
reallity
of
Christians
&
Heaven
it self
Mich.
2.1
,
2
,
3
,
&c.
Cor.
6.8
,
9.
Rom.
13.1
.
to
10.
Isa.
9.16
.
undoubted
Privileges
,
Jurisdiction
,
and
Judicature
,
which
I
have
here
unanswerably
made
good
by
undeniable
Testimonies
,
Histories
,
Records
,
and
the
grounds
of
policy
and
right
reason
(
which
they
are
unable
to
gainsay
)
to
undeceive
the
many
ignorant
over-credulous
poor
Souls
they
have
corrupted
and
misled
to
the
publique
disturbance
of
our
Kingdoms
Peace
;
and
let
all
their
followers
consider
well
of
our
Saviours
caution
,
Mat.
15.14
.
If
the
blind
lead
the
blind
(
as
these
blind-guids
doe
them
)
both
of
them
shall
fall
into
the
Ditch
,
and
there
perish
together
:
O
consider
therefore
what
I
have
here
written
to
undeceive
your
judgements
,
and
reform
your
practice
;
consider
that
Dominion
,
Principality
,
Regality
,
Magistracy
and
Nobility
are
founded
in
the
very
Law
of
Nature
,
and
[
†
](A56189-e95330-b)
†
Prov.
8.15
,
16.
Dan.
2.21
,
37.
Rom.
13.1
.
to
.
7.
Col.
1.16
,
17
,
18.
Hph.
1.21
.
Acts
13
,
20
,
21
,
22.
Tit.
3.1
.
1
Tim.
2
,
1
,
2
,
3.
1
Pet.
2.13
,
14.
Gen.
17.6.16
.
c.
35.11
.
c.
36.15
.
to
43.
Deut.
17
,
14
,
15.
2
Sam.
7.8
.
to
17.
1
Chron.
28.
●
.
5.
2
Chron.
1.9.10
.
c.
2.11
.
c.
9.8
.
Gods
own
institution
,
who
subjected
not
only
all
beasts
and
living
Creatures
to
the
soveraign
Lordship
of
man
,
to
whom
he
gave
Dominion
over
them
,
Gen.
1.28
,
29.
c.
9.2
,
3
,
5·
Psal.
8.6
,
7
,
8.
by
vertue
whereof
men
still
enjoy
Dominion
over
the
Beasts
;
but
likewise
one
man
unto
another
;
as
[
(i)
](A56189-e95370-b)
(i)
Gen
3.16
.
Exod.
20.12
.
Eph.
5.22
.
to
30.
c.
6.
1.
to
10.
Rom
13.1
,
2
,
3.
Tit.
3.1
.
Col.
3
,
20
,
22.
1
Pet.
2.13
,
14
,
18.
c.
3.
15.
Heb.
13.17
.
Josh.
1.16
,
17
,
18.
Mat.
8.9
.
Children
to
their
Parents
,
Wives
to
their
Husbands
,
Servants
to
their
Masters
,
Subjects
to
their
Kings
,
Princes
,
Magistrates
,
Souldiers
to
their
Captains
,
Mariners
to
their
Ship-Masters
,
Scholtars
to
their
Tutors
,
People
to
their
Ministers
▪
which
order
,
if
denied
or
disturbed
,
will
bring
absolute
and
speedy
confusion
in
all
Families
,
Corporations
,
States
,
Kingdoms
,
Armies
,
Garrisons
,
Schools
,
Churches
,
and
dissolve
all
humane
Societies
,
which
subsist
by
order
and
subordination
only
to
one
another
;
and
seeing
God
himself
and
Jesus
Christ
are
frequently
stiled
in
Scripture
,
not
only
King
,
Lord
,
the
Head
of
all
Principalities
,
Powers
,
Thrones
,
Dominions
,
but
also
KING
OF
KINGS
,
and
LORD
OF
LORDS
,
Deut.
10.17
.
Ps.
136.3
.
1
Tim.
6.15
.
Rev.
1.5
.
c.
17.14
.
c.
10.6
.
(
which
glorious
Titles
they
must
lose
if
all
Kings
and
Lords
be
totally
abolished
:
)
And
since
Monarchy
,
Royalty
,
Principality
,
Nobility
;
yea
Titles
of
Honour
and
Nobility
,
(
as
[
†
](A56189-e95520-b)
†
Specially
promised
by
God
as
a
blessing
to
his
people
,
Gen.
17.6
,
16.
c.
35.
11.
Ier.
17.24
,
25.
c.
22.4
.
1
Chron.
28.4
,
5
,
6.
c.
11
,
12.
Kings
Princes
,
Dukes
,
Lords
,
&c.
)
are
of
Divine
institution
:
Col.
1.16
.
Rom.
13.1
,
2.
Eph.
3.10
.
yea
as
antient
almost
,
as
the
world
it self
,
universally
received
,
approved
among
all
Nations
whatsoever
under
heaven
,
and
honoured
with
special
privileges
,
as
not
only
all
[
(k)
](A56189-e95590-b)
(k)
See
Seldens
Titles
of
Honour
,
Dr.
Humphreys
and
others
of
Nobility
.
Catanaeus
Catologus
gloriae
mundi
eminent
Authors
and
experience
manifest
,
but
these
ensuing
Scripture
Texts
,
Gen.
12.15
.
c.
14.
●
.
to
10.
c.
17.6.16
.
c.
20.2
.
c.
21
,
22
,
23.
c.
25.16
.
c.
26.1.8.26.26
.
c.
36.15
,
16
,
17
,
18
,
29
,
30
,
31
,
to
43.
c.
9.1
,
2.
c.
41.40
,
to
47.
c.
47.22
,
26.
Exod.
1.8
.
Numb.
20.14
,
&c.
c.
21.1
,
18
,
21
,
33.
c.
22.7.10.14
,
15
,
40.
c.
23.17
.
c.
2
,
3
,
10.
c.
16.2
.
c.
27.2
.
c.
32.2
.
Deut.
17.14.15
,
16.
Josh.
1.16
,
17
,
18.
c.
5.1
.
c.
5.1
.
c.
8
,
9
,
10
,
11
,
12.
Judg.
9.6
,
18.
1
Sam.
8.5
,
9.
2
Sam.
11.2
.
1
Kin
4.34
.
c.
10.15
,
23
,
29.
c.
20.19
.
c.
23.22
.
Iob
3.14
.
c.
36.7
.
Psal.
2.2.10
.
Psal.
62.12.14.29
.
Ps.
72.10
,
11.
Ps.
102.15
.
Ps.
136.17
,
18.
Ps.
138.4
.
Prov.
8.15
,
16.
Prov.
30.31
.
Eccl.
10.16
,
17.
Judg.
3.5
.
c.
16.8
.
1
Sam.
5.11
.
c.
29.2.6
,
7.
Jer.
25.18
.
to
27.
Dan.
4.36
.
c.
5.9
,
10
,
13.
c.
6.27
.
Mat.
8.9
.
Mar.
6.21
.
c.
10.42
.
1
Cor.
8.5
.
Rom.
13.1
,
2
,
3
,
4.
1
Tim.
2.1
.
2
Tit.
3.1
,
2.
1
Pet.
2.13
,
14
,
15.
Acts
9.27
.
(
which
I
wish
our
Sectaries
Levellers
,
and
Lilburnists
to
consider
and
study
,
with
the
others
forecited
;
it
will
be
a
meer
folly
and
madnesse
in
any
man
to
prove
Antipodes
to
this
institution
of
God
,
Nature
,
Nations
:
to
run
quite
contrary
to
all
men
,
and
to
level
the
head
,
neck
,
shoulders
to
the
feet
;
the
tallest
Cedars
to
the
lowest
Shrubs
;
the
roof
of
every
building
to
the
foundation
stones
,
the
Sun
,
Moon
,
Stars
,
Heavens
,
to
the
very
Earth
,
center
,
and
even
men
themselves
to
the
meanest
beasts
.
I
shall
therefore
conclude
with
Saint
Pauls
serious
admonition
,
which
these
refractory
persons
have
quite
forgotten
,
Rom.
13.1
,
2.3
.
Let
every
soul
be
subject
to
the
higher
Powers
;
for
there
is
no
power
but
of
God
,
the
powers
that
be
are
ordained
of
God
;
whosoever
therefore
resisteth
(
much
more
oppugneth
,
abolisheth
)
the
Power
,
resisteth
(
oppugneth
,
abolisheth
)
THE
ORDINANCE
OF
GOD.
and
they
that
resist
(
oppugne
or
endeavour
to
abolish
these
powers
)
shall
receive
to
themselves
DAMNATION
;
for
Rulers
are
not
a
terrour
to
good
works
,
but
to
the
evil
;
wherefore
YE
MUST
NEEDS
BE
SUBJECT
,
NOT
ONLY
FOR
WRATH
,
but
likewise
FOR
CONSCIENCE
SAKE
.
And
for
this
cause
pay
you
tribute
also
,
for
they
are
Gods
Ministers
,
attending
continually
on
this
very
thing
.
Render
therefore
to
all
(
such
just
higher
Powers
)
the●ues
,
tribute
to
whom
tribute
,
custom
to
whom
custom
,
fear
to
whom
fear
,
HONOUR
to
whom
HONOUR
IS
DUE
,
(
which
Saint
Peter
likewise
seconds
almost
in
the
self
same
words
,
which
you
may
doe
well
to
peruse
and
study
,
1
Pet.
2.12
.
to
20.
)
and
then
you
will
never
dare
to
question
or
dispute
any
more
the
Power
,
Judicatory
,
Privileges
of
the
Right
Honourable
House
of
Peers
,
much
lesse
to
Revile
and
Libel
against
their
lawfull
power
,
persons
,
Judicature
,
as
now
you
doe
,
to
the
infinite
Scandal
of
your
Schismatical
faction
,
and
Religion
it self
,
which
you
professe
only
in
shew
,
but
deny
in
deeds
and
practice
.
I
shall
close
up
this
Plea
with
these
ensuing
Presidents
of
Power
given
by
Act
of
Parliament
to
the
Lords
of
the
Kings
Council
,
to
answer
those
Petitions
,
and
redresse
those
grievances
,
which
were
not
answered
nor
redressed
sitting
the
Parliament
,
after
the
Parliaments
themselves
were
ended
;
and
that
at
the
Commons
special
requests
.
Parl.
15
H.
6.
n.
33.
I●e●
lavantdir
27
iour
de
Marcz
.
un
au●●e
petition
fuist
baillez
a
nostre
Seignior
le
Roy
en
mesme
le
Parlement
per
les
Comunes
dicel
,
le
tenour
de
quell
petition
ey
e●suit●
Please
au
Roi
nostro
Soverayn
Seignior
considerer
,
comet
plusours
petitions
ount
estez
baillez
et
exhibitez
a
vestre
tresnoble
ha●tesse
par
les
Comunes
de
cest
present
Parliament
pur
ent
avoir
covenable
remedie
,
et
unquore
ment
determin●z
,
d'ordenier
,
per
advis
des
Seigniors
Esperituelx
et
temporelx
&
assent
des
Comunes
avantaitz
,
que
les
ditz
petitions
purront
estre
deliveres
a
les
Seigniors
de
vestre
tressage
Counseill
;
lez
que●x
appellez
a
eux
les
Justices
et
autres
gentz
aprisez
en
v●stre
ley
si
besaigne
y
foit
,
aiant
poair
par
auctoritee
du
dit
Parlement
,
p●r
entre
cy
et
la
fest
del
Nativite
de
Seint
Johan
Baptiste
prouohein
avenir
,
doier
et
terminer
les
dites
petitions
,
et
que
Ycelle
ensi
terminez
del
advis
et
assent
suis
ditz
,
pu●runi
estre
enactez
,
enrollez
et
mys
de
Recorde
de
mesme
vestre
Parlement
.
La
quell
petition
lev
en
mesme
le
Parlement
et
entenditz
,
del
advis
et
assentdes
Seigniors
Espirituelx
&
temporelx
en
le
die
Parlement
adonqes
esteantz
,
fuit
restonduz
a
icell
en
manere
ensuant
.
Le
Roi
le
voet
Et
postea
videlicet
vicessimo
sec●ndo
die
Junii
tunc
proxime
sequenti
,
omnes
et
singulae
Petitiones
quae
Domino
nostro
Regi
per
Comunes
Parliamenti
praedicti
pro
congruo
remedio
inde
auctoritate
ejusdem
Parliamenti
habend.
libertatae
et
exhibitae
minimeque
ante
dissolutionnem
Parliamenti
praedicti
determinatae
,
fuerunt
certis
Dominis
de
Consilio
Regis
subscriptis
,
videlicet
carissimo
Avunculo
Regis
,
Humfrido
Duci
Gloucestriae
,
ac
venerabilibus
patribus
Johanni
Archiepiscopo
Ebor.
Johanni
Bathon
et
Wellen
Cancellario
Angliae
,
&
Willielmo
Lincoln
Episcopo
,
necnon
et
Radulpho
Cromwell
Militi
Thesaur
.
Angl.
Waltero
Hungerford
Militi
et
Magistro
Willielmo
Lyndwode
Custodi
privati
figilli
,
Dom.
Dom.
Regis
apud
Westm.
in
Camera
stellata
preatextu
auctoritatis
praedictae
aexhibitae
fuerunt
et
libertatae
,
qui
quidem
Domini
appellatis
sibi
prius
Justiciariis
ac
aliis
peritis
in
lege
,
tam
communes
quam
spirituales
Petitiones
subscript
.
de
petitionibus
antedictis
coram
eos
legi
fecerunt
,
easque
auctoritate
praed
▪
in
forma
qua
in
indorsamento
earundem
Petitionum
continetur
determinaverunt
:
quarum
quidem
petitionum
tenores
una
cum
responsionibus
earundem
inferius
hic
sequuntur
.
The
like
was
enacted
and
done
in
the
[
†
](A56189-e96260-b)
†
Exact
Abridgement
,
p.
564
,
584
,
591.596
.
Parliaments
of
1
H.
6.
n.
21.
4
H.
6.
n.
21.
8
H.
6.
n.
45.
8
H.
6.
n.
69.
Since
then
the
Lords
at
the
Commons
request
,
were
thus
au●horized
to
be
Judges
,
Answerers
,
Reformers
of
their
Petitions
and
Grievances
in
Parliament
,
which
could
not
be
there
answered
,
redressed
▪
during
the
Parliaments
sitting
,
even
after
those
Parliaments
determined
;
much
more
must
they
be
the
only
proper
Judges
,
Answerers
and
Redressers
of
them
in
our
Parliaments
,
whiles
they
continued
sitting
;
and
those
who
are
proper
Judges
of
their
Petitions
and
Estates
in
Parliament
,
must
by
the
self-same
reason
be
admitted
to
be
the
proper
Iudges
of
their
persons
likewise
in
all
cases
proper
for
Parliamentary
Conusance
,
maugre
all
pretences
to
the
contrary
.
A
Supplement
to
the
Premises
.
THe
Principal
scope
of
the
Precedent
Plea
for
the
Lords
and
House
of
Peers
,
being
only
to
justifie
and
ratifie
their
ancient
just
Right
to
sit
and
vote
in
all
English
Parliaments
,
and
Great
Councils
or
State
and
their
Judicial
Authority
in
them
,
without
the
Commons
,
especially
in
Criminal
Causes
,
then
only
controverted
,
contradicted
by
Lilbourne
,
Overton
,
&
their
Disciples
;
I
reputed
it
both
useful
,
and
necessary
to
superadde
thereto
some
memorable
Presidents
in
former
ages
(
which
no
Vulgar
writers
of
our
English
Parliaments
have
remembred
)
of
the
Kings
and
Lords
Proceedings
,
Judicature
in
Parliament
in
Civil
and
Ecclesiastical
Causes
▪
of
publick
and
private
concernment
,
as
no
way
heterogeneal
,
but
homogeneal
to
my
Theam
,
to
make
this
Plea
more
compleat
,
and
communicate
some
more
knowledge
of
Parliamentary
Affairs
and
Proceedings
,
both
to
the
Ignorant
and
Learned
in
this
declining
age
wherein
learning
and
learned
men
of
publick
spirits
in
all
Professions
,
are
so
much
decayed
,
and
little
Visible
Probability
left
of
any
speedy
reparations
of
this
inestimable
losse
,
for
want
of
publick
encouragement
;
I
shall
proceed
herein
,
only
in
a
Chronological
Method
,
as
I
have
done
for
the
most
part
in
the
premises
,
beginning
with
the
ancientest
president
I
meet
with
of
this
kind
,
and
so
descending
to
succeeding
ages
.
About
the
year
of
Christ
,
536
Our
[
(a)
](A56189-e96660-b)
(a)
Galfridus
Monumetensis
,
Hist.
Regum
.
Brit.
l.
10.
c.
1.
to
14.
Mat.
Westm
.
Flores
Hist.
An.
539.
Speeds
,
Hist.
p.
272.
famous
Brittish
victorious
King
Arthur
,
by
his
Letters
and
Messengers
summoned
all
the
Kings
,
Prelates
,
Dukes
and
Nobles
subject
to
him
,
to
meet
at
the
City
of
Caerleon
on
the
feast
of
Pentecost
▪
then
to
be
new
crowned
,
and
settle
the
peace
and
affairs
of
his
Realmes
;
whereupon
there
assembled
at
that
time
and
place
thirteen
Kings
,
three
Archbishops
,
and
many
Princes
,
Dukes
,
Consuls
,
Earls
and
LORDS
(
whose
names
are
registred
in
Geoffry
Monmouth
)
whiles
they
were
thus
convened
,
there
arrived
twelve
men
,
with
letters
from
Lucius
Tiberius
,
procurator
of
the
Roman
Republick
,
demanding
in
high
language
,
The
Tribute
of
Brittain
,
which
the
Senate
command
King
Arthur
to
pay
,
with
the
arrears
injuriously
detained
,
because
Julius
Caesar
had
reserved
it
(
upon
his
conquest
of
Brittain
,
and
hee
with
other
Romane
Emperours
had
long
received
it
:
summoning
him
likewise
to
appear
at
Rome
in
August
the
year
following
,
to
satisfie
the
Senate
for
the
injuries
done
them
,
and
submit
to
the
sentence
their
Justice
should
pronounce
;
or
else
denouncing
war
against
him
.
This
Letter
being
publickly
read
before
all
the
Kings
,
Princes
,
Dukes
and
Nobles
present
;
the
King
consulted
with
them
,
craving
their
unanimous
advise
and
sense
concerning
this
business
;
affirming
,
That
this
Tribute
was
exacted
,
ex
irrationabili
causa
)
against
all
reason
;
for
he
demanded
it
to
be
payd
as
due
,
because
it
was
paid
to
Julius
Caesar
,
and
his
successors
,
who
invited
by
the
devisions
of
the
old
Brittains
arrived
with
an
Army
in
Brittain
,
and
By
force
and
violence
subjected
the
Country
to
their
power
,
shaken
with
domestick
commotions
.
Now
because
they
obtained
it
in
this
manner
,
vectigal
ex
eo
injuste
receperunt
;
therefore
they
unjustly
received
tribute
out
of
it
.
Nihil
enim
quod
vi
&
violentia
acquiritur
,
juste
ab
●llo
possidetur
,
qui
violentiam
intulit
:
irrationabilem
ergo
causam
prae●endit
qua
nos
jure
sibi
tribitarios
arbitratur
.
For
nothing
which
is
acquired
by
force
and
violence
,
is
justly
possessed
by
any
man
who
hath
offered
the
violence
.
Therefore
hee
pretends
An
irrationable
cause
whereby
hee
reputes
us
to
be
Tributaries
to
him
,
&c.
The
whole
Council
upon
debate
fully
assented
to
this
opinion
,
and
promised
the
King
their
assistance
against
the
Romans
in
this
cause
.
Whereup●n
King
Arthur
returned
this
answer
,
That
he
would
by
no
m●ans
render
them
tribute
,
neither
would
he
submit
himself
to
their
judgement
concerning
it
,
nor
repare
to
Rome
,
&c.
An
expresse
resolution
.
That
Conquest
by
warr
,
force
,
and
violence
,
is
no
good
,
just
,
nor
lawful
,
but
an
unlawful
and
unjust
Title
to
any
Tributes
or
Possessions
,
which
these
who
now
pretend
they
are
Conquerors
,
and
us
a
meer
conquered
Nation
,
and
therefore
they
may
impose
what
Taxes
,
Excises
Tributes
,
Laws
,
Executions
they
please
upon
us
(
when
as
they
were
only
raysed
,
waged
commissioned
,
to
defend
,
preserve
our
Laws
,
Liberties
,
King
,
Parliament
,
and
Kingdomes
,
not
to
conquer
or
enslave
them
)
may
do
well
to
consider
.
In
the
year
of
our
Lord
,
799.
[
(b)
](A56189-e97010-b)
(b)
Evidentiae
Eccles.
Can●
.
Col.
2212.
King
Kenulfus
,
upon
the
petition
and
complaint
of
Athelardus
Arch-Bishop
of
Canterbury
,
consentientibus
,
EPISCOPIS
ET
PRINCIPIBUS
MEIS
,
assembled
in
a
Parliamentary
Council
,
restored
four
parcels
of
Lands
to
Christ-Church
in
Canterbury
,
which
King
Offa
heretofore
had
taken
from
this
Church
,
and
conferred
on
his
Officers
.
[
(c)
](A56189-e97100-b)
(c)
Evidenti●
Eccles.
Cant.
Col·
2212
,
2213.
Spelmanni
Concil.
p
3●●
,
319.
Kenulfus
King
of
Mercia
,
calling
a
Provincial
Council
held
at
Cloveshe
,
Anno
Dom.
800.
wherein
all
the
Bishops
,
Dukes
,
Abbots
,
and
Nobles
of
every
order
were
assembled
,
complaint
was
made
therein
,
that
after
the
death
of
Arch-Bishop
Cuthhert
,
Verheb
and
Osbert
,
led
by
a
malignant
spirit
,
stole
away
the
evidences
and
writings
of
the
Monastery
of
Cotham
,
and
all
the
Lands
thereunto
belonging
,
given
by
King
Athelbald
to
our
Saviours
Church
in
Canterbury
,
and
brought
them
to
Kenulfus
King
of
the
West-Saxons
,
who
thereupon
converted
the
said
Monastery
and
Lands
to
his
own
use
.
After
which
●regwin
and
Jambert
Arch-Bishops
of
Canterbury
,
complained
of
this
injurie
done
to
the
Church
in
sundry
Councils
,
both
to
King
Kenulfus
,
and
Offa
King
of
Mercia
,
who
took
from
Kenulfus
the
Monastery
of
Cotham
,
with
many
other
Lands
,
and
Towns
,
and
subjected
them
to
the
Realme
of
Mercia
.
At
last
Kenulfus
induced
by
late
repentance
,
restored
the
evidences
and
writings
of
the
said
Monastery
,
together
with
a
great
summe
of
mony
to
the
said
Church
,
to
prevent
the
danger
of
an
excommunication
,
but
King
Offa
,
as
hee
received
the
said
Monastery
without
writings
,
so
hee
retained
them
during
his
life
,
and
left
them
to
descend
to
his
heirs
without
any
evidence
after
his
death
;
whereupon
Athelardus
the
Arch-Bishop
,
and
other
wise
men
of
Christ-Church
,
brought
these
Evidences
and
Writing
touching
Gotham
into
this
Council
of
Clovesho
;
where
when
they
had
been
publickly
read
;
OMNIUM
VOCE
DECRETUM
EST
,
that
it
was
just
the
Metropoliticall
Church
should
bee
restored
to
the
said
Monastery
,
of
which
shee
had
been
unjustly
spoiled
for
so
long
a
time
.
Athelardus
receiving
also
in
this
Council
the
dignities
and
possessions
which
King
Offa
had
taken
from
Jamber●
;
annuente
ipso
Rege
,
as
[
(d)
](A56189-e97430-b)
(d)
Act●
Pontif
.
Cant.
Col.
1642.
Gervasius
records
.
In
[
(e)
](A56189-e97460-b)
(e)
Mat.
Westminster
Anno
●97
.
Wil.
Malmesburi
de
Gestis
Pontif.
l.
1.
c.
4.
Spelmanni
.
Concil.
p.
320
to
326.
Antiqu.
Eccles.
Brit.
p.
27.
to
30.
a
Council
held
at
Clovesho
,
Anno
813.
Upon
complaint
of
the
Arch-Bishop
of
Canterbury
,
the
Arch-Bishoprick
of
Litchfield
was
dissolved
,
and
the
Bishopricks
annexed
to
it
by
King
Offa
taken
from
the
See
of
Canterbury
,
restored
and
reunited
thereunto
,
by
the
consent
of
King
Kenulfus
,
his
Bishops
,
Dukes
,
and
Nobles
,
(
who
writ
a
Letter
to
Pope
Leo
for
that
purpose
)
unanimo
consilio
totius
sanctae
Synodi
.
And
in
this
Council
also
,
other
lands
were
restored
to
the
Bishop
of
Worcester
,
and
other
controversies
between
Bishops
concerning
their
Lands
and
Limits
decided
.
[
(f)
](A56189-e97580-b)
(f)
Evidentiae
Eccles.
Christi
Cantuar.
Col.
1213
,
2214.
Spelmanni
Conc.
p.
332
,
333
,
334.
In
another
Council
at
Clovesho
,
Anno
821.
Wherein
King
Kenulfus
,
Wulfred
,
Arch-Bishop
of
Canterbury
,
with
the
rest
of
the
Bishops
,
Abbots
,
LORDS
,
and
GREAT
MEN
,
as
well
Ecclesiastical
as
secular
were
present
;
inquiry
was
made
,
whether
any
were
unjustly
spoiled
and
deprived
of
their
rights
?
Whereupon
it
was
shewed
,
that
Arch-Bishop
Wulfred
was
unjustly
deprived
of
his
just
Lordship
and
Jurisdiction
near
six
years
space
,
and
forced
under
pain
of
confiscation
of
his
goods
and
banishment
,
to
convey
three
hundred
Hydes
of
Land
to
him
,
upon
condition
that
he
should
bee
restored
to
his
full
Archiepiscopal
authority
;
which
condition
was
not
performed
.
After
the
Kings
death
,
Abbesse
Kenedrytha
,
his
daughter
and
heir
,
was
summoned
to
this
Council
,
where
the
Arch-Bishop
complained
of
the
injuries
done
to
himself
,
and
Christ-Church
in
Canterbury
by
her
Father
,
requiring
reparations
for
them
from
the
Abbesse
,
if
it
were
just
.
Whereupon
ALL
THE
COUNCIL
held
it
just
,
and
DECREED
BY
AN
UNANIMOUS
DECREE
,
that
all
the
Lands
and
things
taken
away
from
the
Arch-Bishop
by
her
Father
,
should
bee
restored
,
together
with
the
profits
thereof
lost
for
so
long
a
space
,
as
also
all
the
Books
and
Writings
,
by
the
Abbesse
being
heir
to
the
King
,
which
was
accordingly
performed
by
her
.
[
(g)
](A56189-e97710-b)
(g)
Ingulphi
Historia
p.
858
,
859
,
to
863.
Spelman
.
Concil.
p.
344
,
&c.
King
Bertulfus
,
Anno
850.
Holding
a
Great
Council
,
with
the
Prelates
and
Nobles
of
the
whole
Realme
of
Mercia
,
upon
the
complaint
of
Siward
,
and
the
Monks
of
Croyland
,
of
certain
injuries
maliciously
done
unto
them
by
their
adversaries
,
in
violating
the
Bounds
and
Priviledges
of
their
Sanctuary
,
to
the
great
prejudice
of
their
Abby
:
Thereupon
the
King
,
Prelates
and
Nobles
in
this
Council
for
redress
of
this
injury
,
prescribed
a
Perambulation
of
their
Bounds
to
be
made
by
the
Sheriffe
of
the
County
,
and
to
certifie
the
same
unto
them
when
made
;
which
was
accordingly
made
,
certified
to
,
and
confirmed
by
THE
KING
,
PRELATES
and
NOBLES
in
the
Council
,
held
by
them
at
Kingsbury
,
in
the
year
,
851.
(
as
you
may
read
at
large
in
Ingulphus
)
upon
the
petition
of
Abbot
Siward
.
After
the
death
of
[
(h)
](A56189-e97850-b)
(h)
Ingulphi
Hist.
p.
889.
Malmesb.
de
Gestis
regum
l.
2.
c.
4.9
.
Mat.
Westm.
Wigorniensis
Hunrondin
,
Houeden
,
Fox
.
Acts
&
Monuments
,
Vol.
1.
p.
203
,
204
,
205.
The
third
part
of
my
seasonable
and
legal
Vindication
,
p.
131
,
to
138.
King
Edgar
,
Anno
975.
there
being
a
great
difference
between
the
Nobles
of
the
Realme
about
electing
a
new
King
;
some
of
them
siding
with
Ethelred
,
others
with
Edward
,
his
two
Sons
,
all
the
Bishops
,
Abbots
,
and
NOBLES
assembled
in
a
great
Parliamentary
Council
to
debate
and
determine
their
rights
and
titles
to
the
Crown
.
Wherein
they
elected
and
crowned
Edward
the
elder
Brother
King
.
In
this
Council
,
and
two
or
three
more
succeeding
it
at
Winchester
and
Calne
;
the
married
Priests
complained
TO
THE
LORDS
,
that
they
were
unjustly
expelled
out
of
their
Churches
by
the
Monks
,
and
their
prevailing
party
during
King
Edgars
Reign
,
to
their
dishonour
,
and
the
great
injury
of
the
Nation
,
desiring
that
the
Monks
might
bee
ejected
,
and
they
restored
to
their
Churches
they
anciently
injoyed
:
about
which
there
were
great
contests
and
disputes
in
sundry
Councils
,
the
King
and
LORDS
inclining
to
restore
them
,
against
Arch-Bishop
Dunstans
,
and
other
Monkish
Prelates
wills
.
About
the
year
982.
There
was
a
[
(i)
](A56189-e98060-b)
(i)
Seldens
Titles
of
Honour
,
part.
2.
c.
5.
p.
693.
Witenagem●t
,
or
Parliamentary
Council
held
at
London
,
to
which
the
DUKES
,
PRINCES
and
NOBLES
resorting
from
all
parts
;
Adelwold
Bishop
of
Winchester
complained
,
that
one
Leofsi
,
who
had
purchased
Lands
of
him
in
the
Isle
of
Ely
,
not
only
refused
to
pay
for
them
,
but
also
disseised
him
of
three
other
Mannors
.
The
cause
being
opened
and
pleaded
by
the
Bishop
,
and
the
Lawyers
flocking
thither
from
all
parts
:
They
ALL
ADJUDGED
,
that
the
Lands
and
Mannors
should
bee
restored
to
the
Bishop
,
together
with
all
his
dammages
,
and
that
Leofsi
for
this
his
rapine
should
also
pay
a
fine
and
ransome
to
the
King
.
[
(k)
](A56189-e98170-b)
(k)
Co●roni
Pesthuma
.
p.
346.
Queen
Edgen
in
a
civil
cause
and
suit
in
the
County
Court
between
her
and
Goda
,
appealed
from
that
Court
to
King
Ethelred
,
and
a
Parliamentary
Council
at
London
,
Congregatis
Principibus
&
sapientibus
Angliae
.
In
the
time
of
St.
Edward
,
a
suit
between
the
Bishops
of
Winchester
and
Durham
,
coram
Principibus
et
Episcopis
Regni
in
praesentia
Regis
,
ventilata
&
finita
est
.
In
the
tenth
year
of
King
William
the
Conquerour
,
Episcopi
,
Comites
et
Barones
Regni
regia
potestate
ediversis
Provincis
ad
universalem
Synodum
pro
causis
audiendis
et
tractandis
convocati
sunt
,
[
(l)
](A56189-e98290-b)
(l)
Florentius
Wigorniensis
,
p.
3●2
.
Houeden
,
p
433.
Mat.
West
.
as
the
Leger
Book
of
Westminster
records
.
Hence
I
suppose
it
was
,
that
what
we
now
call
a
Parliament
,
was
sometimes
stiled
by
our
ancient
Historians
in
former
ages
MAGNUM
PLACITUM
because
of
the
great
Pleas
and
suits
therein
decided
,
and
judged
BY
THE
KING
and
LORDS
.
[
(m)
](A56189-e98340-b)
(m)
Florentius
Wigorniensis
,
Anno
1070.
p.
434
,
435
,
436
,
437.
Radulfus
de
Diceto
.
Abbrevi
.
Chron.
col.
482
,
483.
Sim.
Du●elmensis
,
de
gestis
Reg.
Ang.
col.
202
,
203.
Mat.
Paris
Anno
1078.
p.
80
Gudwin
in
the
life
of
Ulstan
.
King
William
the
first
,
Anno
1071.
held
a
great
Council
of
his
PRELATES
and
NOBLES
at
Winchester
.
In
hoc
Concili●
dum
caeteri
trepidi
,
ut
pote
Regis
aegn●scentes
animum
,
ne
suis
honoribus
privarentur
venerandus
Vir
Wulstanus
,
Wigorniensis
Episcopus
,
quamplures
possessiones
sui
Episcopatus
ab
Aldredo
Archiepiscopo
du●
à
Wigorniensi
Ecclesia
ad
Eboracensem
transferretur
sua
potentia
retentas
qui
eo
tunc
defuncto
in
Regiam
potestatem
devenerant
,
constanter
proclamabat
,
JUSTITIAMQUE
INDE
FIERI
,
tam
AB
IPSIS
QUI
CONCILIO
PRAEERANT
,
quam
a
Rege
FLAGITABAT
.
At
quia
Eboracensis
Ecclesia
non
habens
Pastorem
qui
pro
ea
loqueretur
,
muta
erat
,
JUDICATUM
EST
,
ut
ipsa
querela
sic
remaneret
quousque
Archiepiscopo
ibi
constituto
qui
Ecclesiam
defenderet
)
dum
esset
qui
ejus
querelae
responderet
,
&
objectes
&
responsis
posset
ebiden●us
et
Iustius
Iudicium
fieri
,
sicque
tunc
a
querela
ad
tempus
remansit
.
But
Thomas
being
soon
after
consecrated
Arch-Bishop
of
York
,
thereupon
reverendi
Wulstani
Wigorniensis
Episcopi
mota
est
iterum
querela
,
Archiepiscopo
jam
consecrato
Thoma
,
qui
pro
Eboracensi
loqueretur
Ecclesia
;
&
in
Concilio
in
loco
qui
vocatur
Pedreda
,
celebrato
coram
Rege
ac
Doroberniae
A●chiepiscopo
Lanfranco
,
&
Episcopis
,
Abbatibus
,
Comitibus
&
Primatibus
totius
Regni
,
Dei
gratia
adminieulante
Termina●um
.
Cunctis
siquidem
machinationibus
,
non
veritate
stipatis
,
qu●bus
Thomas
,
ejusque
fautores
Wigorniensem
Ecclesiam
deprimere
,
&
Eboracensi
Ecclesiae
subj●cere
aniliamque
facere
modis
omnibus
satagebant
,
justo
Dei
judicio
in
scriptis
evidentissim
is
detritis
&
penitus
annihillatis
,
non
solum
vir
Dei
Wulstanus
proclamatas
&
expetitas
possessiones
accepit
,
sed
&
suam
Ecclesiam
(
Deo
clamante
&
Rege
concedente
)
ea
libertate
liberam
suscepit
qua
primi
fundatores
ejus
,
sanctus
Rex
Ethelredus
,
Offa
,
&c.
ipsam
liberaverunt
.
By
which
History
it
is
apparent
,
that
the
King
and
Lords
in
that
age
had
the
sole
judicature
in
civil
causes
in
the
Parliaments
then
held
,
and
decided
civil
Titles
and
controversies
therein
between
Bishops
and
spiritual
,
as
well
as
temporal
persons
.
In
the
year-Book
of
21
Ed.
3.
fol.
60.
There
is
a
recital
,
that
upon
the
complaint
of
the
Abbot
of
St.
Edmonds
de
Bery
against
the
Bishop
of
Norwich
for
infringing
the
liberties
of
the
Abby
,
in
the
Reign
of
William
the
Conquerour
,
in
a
Parliament
held
under
him
;
(
most
likely
in
this
Council
of
Pedreda
)
it
was
ordained
per
le
R●y
,
et
per
Larchebesque
de
Canterbury
,
et
per
touts
les
Auters
Ebesques
de
la
terre
,
Countes
et
Barons
(
without
mentioning
any
Commons
)
that
at
what
time
soever
hereafter
the
Bishop
or
any
of
his
successors
should
go
against
the
points
of
the
foundation
or
exemption
of
the
said
Abby
,
that
he
who
should
bee
Bishop
for
the
time
,
should
pay
to
the
King
or
his
heirs
thirty
talents
of
gold
.
The
Bishop
of
Norwich
in
21.
E.
3.
contrary
to
the
Kings
prohibition
,
not
to
enter
the
franchises
,
nor
intrench
upon
the
Priviledges
of
the
said
Abby
against
this
ancient
ordinance
,
visited
in
the
foresaid
Abby
,
and
summoned
them
to
shew
the
Charters
of
their
foundation
,
wrongfully
,
and
in
despite
of
our
Lord
the
King
.
Whereupon
the
King
sued
forth
a
writ
of
contempt
against
the
Bishop
;
to
which
the
Bishop
appearing
by
his
Attorney
,
pleaded
not
guilty
;
whereupon
hee
was
found
guilty
by
inquest
:
upon
which
it
was
awarded
,
that
his
temporalties
should
bee
seised
into
the
hands
of
the
King
,
by
force
whereof
his
temporalties
were
seised
,
and
a
Scire
facias
issued
against
the
Bishop
to
appear
before
the
Chancellour
,
to
shew
cause
why
hee
should
not
likewise
pay
the
thirty
talents
to
the
King
▪
according
to
this
ordinance
.
To
which
the
Bishop
pleaded
,
that
the
Bishop
at
the
time
of
this
ordinance
made
,
might
charge
himself
with
these
Talents
,
but
not
his
successours
in
perpetuity
,
neither
doth
it
appear
that
the
Bishop
himself
was
present
in
Parliament
,
when
this
Ordinance
was
made
,
and
the
other
Bishops
had
no
power
to
charge
him
or
his
successours
without
his
consent
.
But
because
it
was
done
by
ordinance
made
in
Parliament
,
and
there
of
record
,
it
was
adjudged
it
should
binde
him
and
his
successours
,
and
that
hee
should
pay
the
thirty
talents
of
gold
to
the
King
,
and
that
the
King
himself
shall
set
the
price
of
them
,
bee
it
more
or
less
.
[
(n)
](A56189-e98770-b)
(n)
Eadme●us
Hist.
Nou.
l.
1.
p.
9.
Seldens
Titles
of
Honour
,
p.
702.
Antiquitates
Ecclesiae
,
Brit.
p.
97.
Wil.
Malmesbury
de
Gestis
Pont.
Angl.
l.
1.
p.
214.
Odo
Bishop
of
Bayon
,
Earl
of
Kent
,
brother
to
William
the
Conqueror
,
by
his
great
power
and
favour
about
the
year
1071.
Non
modo
terras
,
sed
&
libertates
Ecclesiae
Cantuariensis
,
nullo
ei
resistente
multipliciter
invaserat
,
oppresserat
,
tenebat
,
before
Lanfranc
his
investiture
in
this
See
.
Lanfranc
being
made
Arch-Bishop
,
and
informed
of
this
rapine
,
complained
thereof
to
the
King
;
whereupon
King
William
,
Anno
1074.
Praecepit
Rex
,
quatenus
adunatis
PRIMORIBUS
,
&
probis
viris
,
non
solum
de
comitatu
Cantiae
,
sed
&
de
aliis
Comitatibus
Angliae
,
querelae
Lanfranci
in
medium
ducerentur
,
examinarentur
,
determinarentur
.
Disposito
itaque
apud
Pinnedene
Principum
Conbentu
Galfridus
Episcopus
Constantiensis
,
(
Vir
ea
tempestate
praedives
in
Anglia
)
Vice
Regis
Lanfranco
justitiam
de
suis
querelis
strenuissimè
facere
jussus
,
fecit
:
Lanfrancus
enim
valida
ratione
subnixus
Ex
Communi
omnium
Astipulatione
et
Iudicio
,
ibi
cuncta
recuperavit
,
quae
ostensa
sunt
antiquitus
ad
jura
Ecclesiae
Christi
Cantuariensis
pertinuisse
,
tam
in
terris
,
quam
in
diversis
consuetudinibus
;
he
there
recovering
no
less
than
five
and
twenty
Mannors
,
besides
smaller
Farmes
and
parcels
of
Lands
which
Odo
and
others
had
seised
upon
in
several
Counties
,
and
restoring
them
to
the
Church
,
in
this
Assembly
.
[
(o)
](A56189-e99030-b)
(o)
Actus
Pontif
.
Cantuar.
Col.
1655.
Gervasius
Doroberniensis
,
writes
thus
of
it
.
In
Congregatione
illa
Famosa
Nobilium
Angliae
&
Seniorum
quae
ex
praecepto
Regis
facta
est
apud
Pinendene
,
dirationavit
Lanfrancus
&
recuperavit
terras
ablatas
,
libertates
&
consuetudines
revocavit
;
Et
sicut
Rex
tenet
liberè
consuetudines
sibi
debitas
in
terris
suis
,
ita
Archiepiscopus
&
Ecclesia
Cantuariensis
in
omnibus
locis
tenent
homines
,
suas
consuetudines
,
terras
,
jura
,
&
libertates
,
secundum
cartas
Regum
.
The
whole
Plea
and
Proceedings
in
this
Parliamentary
Assembly
at
Pinendene
are
recorded
in
the
Leiger-Book
of
the
Church
of
Rochester
,
and
published
by
Mr.
Selden
,
ad
Eadmerum
&
Notae
&
Spicilegium
,
p.
197
,
198
,
199.
It
continued
three
whole
daies
:
The
Names
of
the
Bishops
,
Nobles
,
and
BARONS
present
at
it
,
are
there
recorded
;
and
it
concludes
thus
;
Hujus
placiti
multis
testibus
multisque
rationibus
determinatum
finem
post
quam
Rex
audivit
;
landavit
,
laudans
,
cum
consensu
omnium
Principum
suorum
confirmabit
,
&
ut
deinceps
incorruptus
perseveraret
,
firmiter
praecepit
;
so
that
the
King
and
Nobles
were
the
Judges
in
this
great
Plea
and
controversie
,
and
both
adjudged
and
perpetually
ratified
what
was
therein
adjudged
to
the
Church
of
Canterbury
,
both
in
Lands
,
Customes
,
Liberties
.
[
(p)
](A56189-e99210-b)
(p)
Hist.
Noverimus
,
l.
1.
p
9
,
10.
Eadmerus
writes
,
that
at
another
time
,
Odo
by
the
Kings
permission
,
placitum
instituit
contra
saepefatam
Ecclesiam
,
&
tutorem
ejus
patrem
Lanfrancum
,
&
illuc
omnes
quos
peritiores
legum
,
&
usuum
Anglici
regni
gnarus
adduxit
;
Cum
igitur
ad
ventilationem
causarum
ventum
esset
,
omnes
qui
tuendis
Ecclesiae
causis
quaque
convenerant
in
primo
congressu
ita
convicti
sunt
,
ut
in
quo
eas
tuerentur
simul
amitterent
:
Lanfranc
being
then
absent
,
and
not
using
to
bee
present
at
such
Pleas
,
nisi
necessitas
summa
urgeret
,
being
at
his
study
,
and
informed
of
this
evil
successe
,
was
nothing
dejected
at
it
,
sed
dicta
adversariorum
non
rectè
processisse
asseruit
,
&
ideo
cuncta
in
chrastinum
induciari
praecepit
.
Placitum
mane
ipsemet
hilaris
intrat
,
suas
itaque
causas
quodam
exordio
quasi
à
rebus
quae
tractatae
fuerant
vel
tractandae
penitus
alieno
▪
cunctis
stupentibus
orsus
,
ita
processit
,
ut
quae
super
eum
pridie
dicta
fuerunt
sic
devinceret
&
inania
esse
monstraret
,
ut
donec
Vitae
presenti
superfuit
,
nullus
exurgeret
qui
inde
contra
eum
os
aperiret
,
In
the
year
[
(q)
](A56189-e99300-b)
(q)
Wil.
Malmesburiensis
de
Gestis
Pontif.
l.
1.
in
La
franco
Antiqu.
Eccl.
Brit.
p.
9●
,
95.
1072.
There
falling
out
a
difference
at
Rome
between
the
two
Arch-Bishops
,
Lanfranc
of
Canterbury
,
and
Thomas
of
York
,
about
the
subjection
which
Lanfranc
demanded
of
this
Thomas
and
his
Church
of
York
to
the
See
of
Canterbury
,
and
Pope
Alexander
the
xj
.
quia
consuetudinibus
,
&
privilegiis
ac
privatis
Episcopatus
institutis
certius
,
quam
jure
scripto
definiri
posse
videbatur
;
decretum
est
à
Papa
,
ut
a
Rege
et
Regni
Proceribus
Dijudicaretur
.
Whereupon
the
King
,
Bishops
,
Abbots
and
Nobles
assembling
together
in
Windsor
Castle
,
determined
this
controversy
between
them
,
against
the
Arch-Bishop
of
York
,
and
made
a
final
DECREE
therein
,
at
the
Feast
of
Pentecost
,
ratified
with
the
subscriptions
of
the
King
,
Queen
,
both
the
Arch-Bishops
,
all
the
Bishops
,
and
sundry
Abbots
;
recorded
at
large
in
William
of
Malmesbury
;
&
Antiquitates
Ecclesiae
Brittannicae
,
where
they
who
please
may
peruse
it
.
This
[
(r)
](A56189-e99490-b)
(r)
Eadmerus
Hist.
Nov.
l.
3.
p.
117.
Sim
Dunelm
.
de
Gest.
Reg.
Angl.
Col.
237.
controversy
about
Primacy
,
subjection
and
canonical
obedience
,
being
afterwards
renewed
,
and
eagerly
prosecuted
between
Anselme
,
Arch-Bishop
of
Canterbury
,
and
Thurstan
of
York
,
was
again
discussed
and
determined
in
a
Parliamentary
Council
at
Salisbury
by
King
Henry
the
first
,
the
Bishops
,
Abbots
and
Nobles
of
the
whole
Realme
.
As
I
have
formely
evidenced
,
p.
165
,
166
,
167.
[
(s)
](A56189-e99570-b)
(s)
Eadmerus
Hist.
Nov.
l.
4.
p.
91
,
92.
After
this
there
arising
the
like
difference
and
contest
between
Arch-Bishop
Anselme
and
Gerard
of
York
about
his
oath
of
subjection
and
obedience
to
the
Arch-Bishop
and
Church
of
Canterbury
,
Anno
1107.
it
was
again
resolved
in
another
Parliamentary
Assembly
held
that
year
by
King
Henry
the
first
,
the
Bishops
,
Abbots
,
Great
men
and
Nobles
of
the
Realme
,
as
you
read
before
,
p.
173.
Anno
1109.
there
sprung
up
another
●ot
contest
between
Arch-Bishop
Anselme
,
and
Thomas
Elect
of
York
,
about
the
oath
of
subjection
and
canonical
obedience
which
was
again
debated
:
and
[
(t)
](A56189-e99690-b)
(t)
Eadmerus
l.
4.
p.
101
,
102
,
103.
after
Anselmes
death
again
debated
and
finally
setled
in
another
Parliamentary
Council
,
by
the
King
,
Bishops
,
Nobles
and
Barons
of
the
Realme
,
of
which
at
large
before
,
p.
174
,
175
,
176
,
177.
The
[
(u)
](A56189-e99720-b)
(u)
Eadmerus
l.
6.
p.
136.
same
Debate
coming
again
between
Ralph
,
Arch-Bishop
of
Canterbury
and
Thurstan
of
York
,
after
his
returne
from
Exile
Anno
1121.
was
again
concluded
,
omnium
Concilio
Episcoporum
,
Principum
&
Procerum
Regni
,
p.
180.
After
many
years
intestine
bloody
wars
between
the
perjured
Usurper
King
Stephen
,
Mawde
,
and
Duke
Henry
her
Son
,
for
the
Crown
of
England
,
[
(x)
](A56189-e99830-b)
(x)
Mat.
Paris
Hist.
Angl.
p.
82.
Gul.
Neubrigensis
,
l.
1.
c.
30.
Houeden
.
Annal.
part.
1.
p.
490.
Mat.
Westm.
p.
42.
Chron.
Gervasis
,
Col.
1373
,
1374.
Sim
Dunelmensis
,
Hist.
Col.
282.
Chron.
Iohannis
Bromton
,
Col.
1238
,
1039.
See
Polychronicon
,
Fabian
,
Caxton
Holinshed
,
Grafton
,
Speed
.
Baker
in
the
life
of
King
Stephen
.
Anno
1153.
apud
Walingford
in
conventu
Episcoporum
et
aliorum
Regni
Optimatum
,
there
was
a
final
accord
made
between
Stephen
and
Henry
,
touching
the
inheritance
and
descent
of
the
Crown
,
that
Stephen
should
adopt
and
constitute
Henry
for
his
son
,
heir
,
and
successor
to
the
Crown
of
England
immediately
after
his
death
,
which
Stephen
should
enjoy
during
his
life
,
yet
so
,
as
that
Henry
should
bee
chief
Justice
and
Ruler
of
the
Kingdome
under
him
.
This
accord
made
between
them
by
the
Prelates
,
Earles
,
and
Barons
of
the
Realme
,
was
ratified
by
King
Stephens
Charter
,
and
subscribed
by
all
the
Bishops
,
Earles
and
Barons
in
their
Parliamentary
Council
at
Walingford
.
[
(y)
](A56189-e100020-b)
(y)
Roger
de
Houeden
Annal.
pars
posterior
p.
546
,
547.
The
difference
and
suit
between
King
Henry
the
2d
.
and
Roderic
King
of
Conact
in
Ireland
,
touching
his
Kingship
,
Royalties
,
Dominions
,
Services
,
Homage
,
Loyalty
,
and
Tribute
to
King
Henry
,
were
heard
,
decided
and
a
final
agreement
made
between
them
in
a
great
Parliamentary
COUNCIL
held
at
Windeshores
,
Anno
1175.
wherein
King
Henry
the
2d
.
and
his
Son
,
with
the
Arch-bishops
,
Bishops
,
Earles
and
Barons
of
England
(
without
any
Commons
)
were
present
,
who
made
and
subscribed
this
agreement
,
recorded
at
large
in
Houeden
where
you
may
peruse
it
.
[
(z)
](A56189-e100200-b)
(z)
Houeden
Annal.
part
.
poster
.
p.
●60
King
Henry
the
2d
.
Anno
1177.
Celebrato
generali
CONCILIO
apud
Northampton
after
the
feast
of
St.
Hilary
(
by
the
advice
of
his
Nobles
)
restored
to
Robert
Earl
of
Leicester
,
all
his
Lands
on
this
side
and
beyond
the
Sea
,
as
hee
had
them
fifteen
daies
before
the
Warre
,
except
the
Castles
of
Mounsorel
and
Pasci
.
Hee
likewise
therein
restored
to
Hugh
Earle
of
Chester
all
the
lands
which
hee
had
fifteen
daies
before
the
warre
,
and
gave
to
William
de
Abbine
Son
of
William
Earle
of
Arundel
in
the
County
of
Southsex
.
And
in
the
same
Council
Deane
Guido
resigned
into
the
hand
of
Richard
Arch-Bishop
of
Canterbury
,
the
deanery
of
Walteham
,
and
all
his
right
which
hee
had
in
the
Church
of
Walteham
,
quietum
clamavit
simpliciter
&
absolute
;
similiter
fecerunt
canonici
seculares
de
Walteham
,
de
praebendis
suis
,
resignantes
eas
in
manis
Archiepiscopi
,
sed
Dominus
Rex
dedit
eis
inde
plenariam
recompensationem
,
ad
Domini
Cantuariensis
Archiepiscopi
aestimationem
.
Deinde
Dominus
Rex
authoritate
Papae
Domini
,
instituit
in
eadem
Ecclesia
de
Walteham
,
canonicos
regulares
de
diversis
domibus
Angliae
sumptos
,
&
constituit
Walterum
de
Garent
,
canonicum
sumptum
de
Ecclesia
de
Osencie
,
Abbatem
primum
super
congregationem
illam
,
&
magnis
redditibus
,
&
domibus
pulcherrimis
dotavit
illos
.
And
then
hee
expelled
the
Nunnes
out
of
the
Monastery
of
Ambresbury
,
for
their
incontinency
,
and
distributed
them
into
other
Nunneries
,
there
to
bee
kept
more
strictly
under
restraint
,
and
gave
the
Abby
of
Ambresbury
to
the
Abbesse
and
house
of
Frum
Everoit
,
to
hold
it
for
ever
.
[
*
](A56189-e100530-b)
*
Roger
de
Houeden
Annal.
pars
p●st●r
.
p.
522
,
to
566.
Mat.
Paris
.
p.
12●
.
Mr.
Seldens
Titles
of
Honour
,
p.
706.
Sanctius
King
of
Navar
,
and
Alfonso
King
of
Castile
,
in
the
year
1177.
submitted
the
differences
between
them
concerning
certain
Lands
,
Territories
,
Towns
and
Castles
,
to
the
determination
of
King
Henry
the
2d
.
who
thereupon
summoned
a
Parliamentary
Council
of
his
Bishops
,
Earles
,
Nobles
and
Barons
,
to
hear
and
decide
it
by
their
advice
:
Wherein
the
case
being
propounded
,
debated
and
opened
before
them
by
the
Ambassadours
and
Advocates
of
both
Kings
;
appeared
to
be
this
.
That
King
Sanctius
during
the
minority
of
King
Alphonsus
,
an
Orphant
,
his
Nephew
,
Pupil
,
and
innocent
from
any
crime
,
unjustly
and
forcedly
took
from
him
without
any
demand
,
hearing
or
Title
,
divers
Territories
,
Towns
and
Lands
there
specified
,
which
his
Ancestors
had
enjoyed
,
and
of
right
descended
to
him
,
which
hee
forcibly
detained
;
Whereof
hee
demanded
restitution
and
dammages
.
On
the
other
side
,
Sanctius
complained
,
that
Alphonsus
the
Emperour
,
Father
of
this
Alphonsus
,
had
by
force
of
armes
,
unjustly
dispossessed
his
Grandfather
of
the
Kingdome
of
Navarre
,
after
whose
death
Garsias
his
Nephew
,
and
next
heir
by
the
help
of
his
friends
and
subjects
recovered
the
greatest
part
thereof
from
the
Emperour
,
but
not
all
.
Who
dying
,
leaving
his
Son
Alphonso
an
infant
,
with
whom
Sanctius
made
a
league
for
ten
years
;
Alphonso
during
the
League
took
by
force
of
armes
,
divers
Castles
,
Towns
and
Lands
from
Sanctius
,
being
his
inheritance
;
who
thereupon
demanded
restitution
both
of
the
Castles
,
Towns
,
Lands
,
and
Territories
taken
from
his
Grandfather
by
Alphonsus
his
Father
,
and
from
himself
by
Alphonsus
,
together
with
the
maine
profit
of
the
latter
,
quia
sine
ordine
judiciario
ejectus
est
;
King
Henry
having
fully
heard
their
cases
;
by
the
Advice
and
Assent
of
his
Bishops
,
Earles
and
Barons
,
adjudged
,
that
both
these
Kings
should
make
mutual
restitution
,
of
what
had
been
forcibly
taken
from
either
party
,
together
with
the
mean
profits
and
dammages
for
part
of
them
,
by
an
award
and
judgement
under
his
Great
Seal
,
subscribed
by
all
his
Bishops
,
Earles
and
Barons
,
which
recites
:
super
quaerelis
vero
praetaxatis
de
castellis
&
terris
,
cum
omnibus
terris
&
pertinentis
suis
hinc
inde
violenter
et
injuste
ablatis
;
cum
nichil
contra
Violentiam
utrinque
objectam
à
parte
alterutra
alteri
responderetur
,
nec
quicquam
quo
minus
restitutiones
quas
petebant
faciendas
essent
,
alligaretur
Plenariam
utrinque
parti
supradictorum
quae
in
jure
petita
erant
fieri
restitutionem
adjudicabimus
.
A
clear
Parliamentary
resolution
and
judgement
in
point
,
That
Territories
,
Lands
,
Towns
,
Castles
injuriously
taken
by
one
King
from
another
by
force
of
armes
and
warre
,
without
just
Title
to
them
,
ought
in
Law
and
Justice
to
bee
restored
to
the
right
heirs
and
owners
of
them
,
and
that
Conquest
,
and
the
longest
Sword
,
are
no
good
Titles
in
Law
or
conscience
against
the
right
heir
or
inheriter
;
which
I
desire
those
Sword-men
and
Lawyers
,
who
now
pretend
us
a
conquered
Nation
,
determine
Conquest
,
or
the
longest
Sword
,
a
just
Title
to
the
Crowns
,
Lands
,
Revenues
,
Offices
,
Inheritances
,
Houses
,
Estates
of
other
men
now
sadly
to
consider
,
together
with
the
sacred
Texts
,
Hab.
7.
Micha
2.1
,
2
,
3
,
4
,
5.
Job
20.10
,
18
,
19
,
20.
Obad.
10.
to
17.
Ezek.
ch
.
19.
&
35.
Isa.
33.1
.
1
King
.
21.1
.
to
25.
Matth.
21.33
,
to
41.
Luk.
20.14
,
to
17.
ch.
19.8
.
Judg.
17.2
,
3
,
4.
Exod.
22.1
,
to
16.
Levit.
6.4
,
5.
ch.
24.17
,
to
22.
ch.
25.27
,
28.
Judg.
11.12
,
13.
1
Sam.
12.3
,
4.
2
Sam.
9.7
.
ch.
12.5
,
6.
ch.
19.9
,
to
43.
1
Sam.
7.13
,
14.
2
King
.
14.22
.
Ezra
1.7
,
8
,
9
,
10
,
11.
ch.
6.5
.
which
warrant
the
judgement
and
restitution
they
then
awarded
,
together
with
this
memorable
Act
of
resumption
of
the
Crown
,
Lands
,
Rents
and
Revenewes
alienated
and
given
away
by
King
Stephen
to
many
Lords
and
Soldiers
,
to
maintain
his
usurped
Title
,
to
be
just
.
[
(a)
](A56189-e101280-b)
(a)
Chronicon
Johannis
Bromton
,
Col.
1046.
Gul.
Neubrigensis
,
Hist.
Angl.
l.
2.
c.
2.
See
D●niel
and
Holinshed
.
King
Henry
the
2d
.
Anno
1155.
Praecepit
eacum
omni
integritate
infra
tempus
certum
a
quibuscunque
dete●toribus
resignari
,
&
in
jus
statumque
pristinum
revocari
.
Quidam
vero
indies
car●as
quas
a
Rege
Stephano
,
vel
extorserant
,
vel
obsequiis
emerant
,
qu●bus
tuti
forent
,
protulerunt
;
pleading
them
in
barre
against
the
Kings
resumption
.
Qu●bus
fuit
a
Rege
responsum
(
and
let
those
who
have
purchased
or
gotten
any
of
the
Crown
Lands
,
Rents
,
Revenewes
,
by
gift
,
or
otherwise
,
now
remember
it
)
Quod
car●ae
Inbasoris
praejudicium
legitimo
Principi
minime
facere
deberent
.
Primo
ergo
indignati
,
deinde
territi
&
consternati
,
aegre
quidem
,
sed
integre
Usurpata
,
vel
diu
tanquam
solido
●ure
detenta
,
omnia
resignarunt
;
their
Charters
being
all
adjudged
voyd
eisdemque
instrumentis
minime
tuti
esse
potuerunt
,
as
Nubrigensis
and
Brompton
inform
us
.
The
great
and
long
suit
between
William
de
Stutevill
and
William
de
Moubray
,
which
had
continued
many
years
in
the
Kings
Courts
▪
concerning
the
Barony
of
Moubray
,
was
ended
in
a
Parliamentary
Council
,
by
a
final
award
there
made
between
them
;
that
William
de
Stutevil
should
release
all
his
right
and
claim
to
the
Barrony
to
William
de
Moubray
,
hee
giving
him
nine
Knights
fees
,
and
twelve
pounds
Annual
Rent
for
this
release
,
cumque
super
hoc
diu
certatum
esset
,
tandem
(
Anno
1200.
the
2d
.
of
King
Johns
Reign
)
concilio
Regni
et
voluntate
Regis
,
pax
&
finalis
concordia
facta
est
inter
praedictos
;
[
(b)
](A56189-e101490-b)
(b)
Annalium
pars
posterior
p.
803
Seldens
Titles
of
Honour
,
p.
707.
as
Roger
de
Houeden
relates
,
who
records
the
agreement
at
large
.
King
[
(c)
](A56189-e101520-b)
(c)
Mat.
Paris
.
p.
417
,
433.
Henry
the
3d.
Anno
1236.
in
a
Parliamentary
Council
held
at
York
,
Consilio
sultus
Magnatum
Regni
,
ended
the
controversie
between
himself
and
Alexander
King
of
Scots
,
touching
the
Lands
King
John
had
granted
him
by
his
Charter
in
Northumberland
,
ratified
by
the
subscriptions
and
assents
of
his
Nobles
,
Earles
,
and
Barons
,
Anno
1237.
Rex
scripsit
omnibus
Magnatibus
suis
,
to
appear
before
him
and
the
Popes
Legat
at
York
de
arduis
negociis
regnum
contingentibus
tractaturis
,
where
the
difference
between
King
Henry
the
3d.
and
the
King
of
Scots
,
(
summoned
to
be
present
at
this
Parliament
)
touching
his
Lands
in
England
,
were
finally
determined
,
and
a
firme
peace
made
between
them
;
the
King
of
Scots
being
to
receive
three
hundred
pound
lands
a
year
in
England
,
sine
castri
constructione
,
homagiumque
Regi
Angliae
faceret
,
&
faedus
inter
eos
amicitiae
sanciretur
,
&
hoc
se
fideliter
facturum
Regi
Angliae
,
&
conservaturum
juraret
.
After
this
[
(d)
](A56189-e101710-b)
(d)
Mat.
Paris
.
p.
666.667
.
Anno
1244.
King
Henry
summoning
all
the
Bishops
,
Abbots
,
and
lay
Barons
to
present
all
their
military
Services
to
him
,
marched
with
a
great
army
to
New-Castle
against
the
Scots
,
who
had
fortified
two
Castles
,
harboured
rebels
against
the
King
,
and
made
a
peace
with
France
against
their
former
Covenant
and
League
:
Where
to
avoid
the
effusion
of
Christian
blood
,
which
will
cry
to
God
for
vengeance
,
congregata
Vniversitate
Angliae
Nobilium
apud
memoratum
castrum
,
tractatum
est
diligenter
super
tam
arduo
negotio
,
Concilio
habito
,
circa
Assumptionem
beatae
Maria
,
dligentissim●
,
Wherein
the
NOBLES
made
an
agreement
between
the
Kings
of
England
and
Scotland
,
Alexander
King
of
Scots
by
his
special
Charter
(
recorded
in
Matthew
Paris
)
promising
and
swearing
for
him
and
his
Heirs
,
to
King
Henry
,
and
his
Heirs
,
quod
in
perpetuum
bonam
fidem
eis
servabimus
pariter
&
amorem
,
&c.
Most
of
the
Prelates
,
Earles
and
Barons
of
Scotland
,
sealing
the
charter
with
their
Seals
,
and
swearing
to
observe
it
inviolably
,
as
well
as
their
King
.
In
the
Parliaments
of
18
,
20
,
21
,
31
,
&
33.
Ed.
1.
There
were
many
Pleas
and
Actions
for
Lands
,
Rents
,
and
civil
things
as
well
as
criminal
,
held
before
the
King
in
Parliament
,
and
adjudged
,
resolved
in
these
Parliaments
by
assent
of
the
King
,
and
advice
of
the
Lords
,
the
Kings
Judges
and
Council
learned
in
the
Laws
;
there
being
a
large
Parchment
Volume
of
them
in
the
Tower
of
London
,
where
all
may
peruse
them
,
some
of
them
being
also
entred
on
the
dorse
of
the
Clause
Rolls
of
these
years
.
Pasche
21.
E.
1.
Banco
.
Regis
,
Northumberland
,
Rot.
34.
John
le
Machon
a
Merchant
,
lent
a
great
summe
of
mony
to
Alexander
King
of
Scots
,
who
dying
,
his
Son
and
Successour
refused
upon
petition
to
pay
it
:
Whereupon
hee
appealed
to
the
King
of
England
for
right
,
propter
suum
supremum
Dominium
Scotiae
:
Thereupon
the
Sheriffs
of
Northumberland
by
the
Kings
command
,
accompanied
with
four
men
of
that
County
,
went
into
Scotland
to
the
Scots
King
,
and
there
personally
summoned
him
,
to
appear
in
England
before
the
King
of
England
,
to
answerr
this
Debt
:
After
which
all
parties
making
default
at
the
day
,
the
Merchant
was
amerced
.
The
King
of
Scots
afterward
appeared
before
the
King
,
but
at
the
first
time
refused
to
answer
;
at
last
hee
desired
respite
to
bee
given
him
that
he
might
advise
about
it
with
his
Council
of
Scotland
,
promising
to
appear
at
the
next
Parliament
,
and
then
to
give
his
answer
.
And
in
Placit
.
coram
Rege
,
Trin.
21.
E.
1.
Scotia
,
there
is
an
Appeal
to
the
King
of
England
between
subjects
of
Scotland
in
a
civil
cause
,
tanquam
superiori
regni
Scotiae
Domino
.
And
Clauso
29.
E.
1.
dorso
10.
there
is
a
letter
of
all
the
Nobles
in
Parliament
to
the
Pope
,
de
Jure
Regis
in
regne
Scotia
forecited
,
p.
127
,
128.
and
Claus
.
10.
E.
3.
dorso
.
9.
The
King
of
Scots
is
stiled
,
Vassallus
Domini
Regis
Anglia
.
It
appears
by
Claus
.
5.
E.
2.
M.
30.
that
in
a
Parliament
held
at
Stanford
.
3.
E.
2.
a
business
touching
Merchandize
,
and
a
Robbery
on
the
Sea
was
heard
and
decided
before
the
King
and
Lords
in
Parliament
,
between
the
Earle
of
Holland
(
who
sent
over
a
Proctor
about
it
)
and
others
.
Claus
.
8.
E.
2.
m.
15.
The
Petition
of
David
Earle
of
Ascelos
in
Scotland
;
by
the
Kings
command
,
was
read
in
full
Parliament
before
the
Prelates
,
Earles
and
Barones
,
that
hee
might
be
restored
to
his
inheritance
in
Scotland
,
to
which
it
was
answered
by
all
their
Assents
,
that
his
inheritance
was
forfeited
by
his
Ancestors
,
for
offences
by
them
committed
,
&c.
but
yet
the
King
would
give
him
some
other
Lands
for
it
.
In
Claus
.
12.
E.
2.
it
appears
,
that
the
Popes
Legate
came
into
the
Parliament
,
and
petitioned
the
King
and
Lords
for
a
Legacy
given
by
the
Bishop
of
Durham
,
Patriark
of
Jerusalem
,
lately
dead
:
for
which
the
King
by
assent
of
the
Lords
,
gave
him
remedy
by
a
Writ
out
of
the
Chancery
.
Claus
.
14.
E.
2.
m.
12.
in
the
Schedula
;
there
is
a
Judgement
in
Parliament
by
King
Lords
and
Council
touching
the
Abby
of
Abingdon
,
and
a
composition
formerly
made
between
the
Abbot
,
Prior
and
monks
thereof
,
reversed
,
nulled
,
because
inconvenient
,
Claus
.
14.
E.
2.
m.
17.
dorso
,
there
is
a
case
concerning
a
reprisal
brought
by
appeal
out
of
the
Chancery
into
the
Parliament
before
the
King
,
Lords
and
Council
,
and
there
heard
and
decided
.
And
Claus
.
15.
E.
2.
there
are
many
cases
and
Writs
touching
Reprises
.
In
the
Parliament
of
1.
E.
3.
there
were
many
Judgements
given
in
sundry
civil
cases
upon
petitions
;
To
the
King
and
his
Council
,
by
the
King
Lords
and
Council
,
extant
in
the
bundle
of
Petitions
,
and
Claus
.
Rolls
of
that
year
,
and
those
things
that
were
proper
for
the
Courts
of
Law
and
Chancery
were
referred
to
them
to
be
there
ended
,
Claus
.
1.
E.
3.
m.
1.
Upon
the
petition
of
Alice
Gill
,
and
Robert
Carder
to
the
King
,
Council
,
and
Parliament
,
that
they
buying
Corne
in
Abevil
in
France
to
transport
to
London
,
it
was
arrested
by
the
Baily
of
St.
Valeric
to
the
value
of
one
hundred
pounds
at
the
suit
of
Will
de
Countepy
of
Crotye
in
Picardy
,
and
delivered
to
him
against
their
wills
,
because
the
Ship
of
the
said
Will
;
was
taken
upon
the
Sea
by
the
men
of
Bayon
,
which
ship
the
petitioners
finding
in
the
port
of
London
had
arrested
by
writ
out
of
the
Chancery
directed
to
the
Sheriffes
of
London
,
until
the
said
hundred
pounds
was
paid
them
by
the
Merchant
;
the
King
and
Council
ordered
(
upon
their
petition
)
that
the
ship
might
not
be
discharged
till
the
100
l.
was
satisfied
;
&
that
a
Writ
should
be
directed
out
of
the
Chancery
to
the
Sheriffes
of
London
,
to
do
Justice
upon
the
contents
in
the
Petition
according
to
the
Law
of
Merchants
.
The
like
case
of
Reprise
upon
the
Petition
of
Hugh
Samson
,
is
in
1.
E.
3.
rot.
5.
In
Claus
.
1.
E.
3.
part
1.
m.
10.
There
is
a
Judgement
given
by
the
Lords
and
Council
for
the
Bishop
of
Durham
,
touching
the
Liberties
and
Royalties
of
his
Bishoprick
against
the
Kings
revocation
;
where
in
sundry
Petitions
and
answers
in
former
Parliament
under
King
Edward
the
2d
.
are
rehearsed
,
wherein
hee
could
have
no
right
.
Mem.
12.
there
is
a
Judgement
given
by
the
Lords
and
Council
in
Parliament
for
the
Bishop
of
York
,
his
prisage
and
preemption
of
wines
next
after
the
King
in
the
Port
of
Hull
,
and
in
Claus
.
1.
E.
3.
P●
.
2.
m.
11.
Claus
.
4.
E.
3.
m.
9.
remembred
in
the
year
Book
of
6.
E.
3.
f.
50.
So
Claus
.
2.
E.
3.
m.
20.
in
Schedula
,
there
is
Placitum
in
Parliamento
,
before
the
King
and
his
Council
of
the
Dean
and
Chapter
of
Litchfield
,
touching
their
Title
to
Camock
,
Claus
.
14.
E.
3.
part
1.
m.
41.
Upon
the
Petition
of
the
Bishop
of
Carlisle
,
it
was
resolved
by
the
Lords
and
Council
in
that
,
and
sundry
other
Parliaments
in
the
Reign
of
this
King
and
his
Father
,
non
esse
●uri
consonum
,
that
Churches
and
other
things
spiritual
annexed
to
Archbishopricks
and
Bishopricks
,
should
belong
to
the
King
and
Gardians
of
the
temporalties
,
but
to
the
Gardians
of
the
spiritualties
,
and
so
ordered
accordingly
;
yea
so
was
it
resolved
upon
the
Petition
of
the
Bishop
of
Winchester
to
the
King
and
his
Council
in
the
Parliament
of
Claus
.
1.
E.
3.
rot.
9.
dorso
Where
coram
Rege
et
Magno
Concilio
concessum
est
et
concordatum
,
quod
custod●s
temporalium
Episcopatus
,
non
se
intromittant
amplius
temporibus
vacationum
hujusmodi
fructibus
Ecclesiarum
,
de
Estanmer
,
&
Hamoldan
,
annexed
to
the
Bishoprick
of
Winchester
.
[
(f)
](A56189-e103270-b)
(f)
An
exact
Abridgement
.
p.
30.
In
the
Parliament
of
14.
E.
3.
Sir
Geoffry
Stantens
case
,
upon
his
Petition
to
the
King
and
Lords
in
Parliament
,
the
Justices
of
the
Common
Pleas
came
with
the
record
of
his
case
,
which
had
long
depended
before
them
in
the
Court
of
Common
Pleas
,
which
being
read
and
debated
in
the
presence
of
all
the
LORDS
,
Justices
and
others
of
the
Kings
Council
(
their
assistants
in
this
case
of
Law
)
they
resolved
,
that
the
Sonne
being
a
stranger
might
aver
,
that
his
Father
who
levyed
the
fine
,
had
nothing
in
the
Lands
;
and
that
the
Wife
in
this
case
could
not
vouch
her
Husband
.
And
thereupon
a
Writ
under
the
great
Seal
was
sent
to
the
Judges
by
the
Lords
order
,
to
give
judgement
accordingly
.
Claus
.
35.
E.
3.
m.
40.
A
villain
commits
fellony
,
and
is
attainted
after
that
the
Lord
had
seised
his
goods
,
whereupon
his
goods
were
prized
and
seised
on
for
the
King
,
notwithstanding
the
Lords
seisure
;
upon
a
Petition
in
Parliament
,
It
was
resolved
by
the
Lords
and
Council
,
that
it
was
just
the
goods
should
be
restored
to
the
Lord
,
if
they
were
not
seised
fraudulently
to
prevent
the
Kings
seisure
of
them
.
And
a
Writ
of
Restitution
was
thereupon
awarded
,
per
ipsum
Regem
et
per
Petitionem
in
Parliamento
.
[
(h)
](A56189-e103410-b)
(h)
An
exact
Abridgement
.
p.
123
,
136
,
137.
to
213.
to
Walsingham
.
Hist.
Angl.
p.
332.
In
the
6.
year
of
King
Richard
the
2d
.
it
was
agreed
between
the
Duke
of
Lancaster
,
and
the
Scots
in
the
Marches
,
that
for
the
benefit
of
both
parties
▪
ut
●de
cater●
ipsi
nee
Anglici
vexaren●ur
per
tot
labores
&
expensas
,
sed
singulis
annis
certi
utriusque
gentis
destinarentur
ad
Parliamentum
Regni
utriusque
,
qui
et
injurias
acceptas
proferrent
in
medium
,
&
emendas
acciparent
secundum
quantitatem
damu●rum
per
Judicium
Dominorum
,
(
here
the
Lords
both
in
the
Parliament
of
England
and
Scotland
are
made
sole
Judges
of
injuries
and
dammages
done
by
Scots
or
English
upon
one
another
in
the
Marches
:
)
Quia
vero
Scoti
ad
Parliamentum
Londoniis
(
Anno
1383.
)
supersederunt
venire
juxta
conductum
,
&
insuper
damna
interim
plura
Borealibus
praesumpserunt
inferre
,
&c.
decretum
est
per
Parliamentum
;
ut
frangenti
fidem
,
fides
frangatur
eidem
.
;
Et
concessae
sunt
Borealibus
commissiones
congregandi
virtutem
exercitus
,
&
Scotis
resistendi
,
&
damna
pro
damnis
inferendi
,
quoties
contingeret
Scotos
irrumpere
,
vel
hostili
m●re
partes
illas
intrare
▪
In
the
[
(i)
](A56189-e103600-b)
(i)
An
exact
Abridgement
.
p.
417.
Parliament
of
4.
H.
4.
n.
9.
Upon
the
complaint
of
Sir
Thomas
Pomeroy
and
his
Lady
against
Sir
Philip
Courtney
and
others
forcible
entry
into
several
Lands
and
Mannors
in
the
Country
of
Devon
.
The
King
and
Lords
adjudged
,
that
the
said
Sir
Thomas
should
enter
into
the
said
Mannors
and
Lands
,
if
his
entry
were
lawful
,
or
bring
his
Assize
,
without
all
delayes
,
at
his
election
.
In
[
(k)
](A56189-e103710-b)
(k)
An
exact
Abridgement
.
p.
430
▪
the
Parliament
of
5.
H.
4.
n.
41
,
42
,
43
,
44.
in
a
case
concerning
Mannors
,
and
certain
Lands
in
the
County
of
Cornwal
,
between
the
Prince
,
and
John
Cornwal
,
and
the
Countesse
of
Huntington
his
wife
,
the
King
and
Lords
gave
Iudgement
,
that
the
Prince
should
●e
restored
to
the
said
Mannors
and
Lands
being
parcels
of
the
Dutchey
of
Cornwal
,
and
that
the
Prince
after
seisin
had
,
should
regrant
them
unto
them
,
which
was
done
accordingly
in
Parliament
.
[
(l)
](A56189-e103810-b)
(l)
An
exact
Abridgemen●
,
p.
440.
In
6
H.
4
▪
n.
28.
Upon
the
Petition
of
the
Prior
of
Coventry
,
the
King
granteth
by
Assent
of
the
Bishops
and
Lords
,
that
no
man
do
break
the
head
of
their
Conduit
,
nor
cast
any
filth
into
their
water
called
Sherbou●n
,
on
pain
of
ten
pound
,
and
treble
dammages
to
the
Prior.
In
[
(m)
](A56189-e103880-b)
(m)
An
exact
Abridgement
.
p.
560.
the
Parliament
of
9.
H.
5.
n.
12.
Upon
long
debates
of
the
Lords
and
Iustices
,
it
was
resolved
by
them
,
that
the
Abbot
of
Ramsy
should
have
no
prohibition
against
Walter
Cook
,
parson
of
Somersham
,
who
sued
for
Tithes
of
a
Meadow
called
Crowland
Mead
,
in
the
hands
of
the
Abbots
Tenants
.
In
the
[
(n)
](A56189-e103980-b)
(n)
An
exact
Abridgement
.
p.
577
,
578.
great
case
of
Precedency
,
between
the
Earl
Marshall
,
and
Earle
of
Warwick
,
in
the
Parliament
of
3.
H.
6.
n.
10
,
11.
&c.
The
Lords
being
to
bee
Iudges
of
the
same
,
suspended
both
of
them
from
sitting
in
the
house
,
till
their
case
was
fully
heard
;
and
they
all
(
voluntarily
)
swore
on
the
Gospel
,
that
they
would
uprightly
judge
the
case
,
leaving
all
affection
.
In
the
[
(o)
](A56189-e104100-b)
(o)
An
exact
Abridgement
,
p.
610.
Parliament
of
11.
H.
6.
n.
32
,
33
,
34
,
35.
Upon
a
Petition
,
the
King
and
Lords
in
Parliament
,
adjudged
,
the
Dignity
,
Seigniory
,
Earledome
of
Arundel
,
and
the
Castle
and
Lands
thereunto
belonging
to
John
Earle
of
Arundel
,
who
proved
his
Title
thereto
by
a
deed
of
Entayle
,
against
the
Title
of
John
Duke
of
Norfolck
,
who
layed
claim
thereunto
.
And
in
the
Parliament
of
39
H.
6.
n.
10.
to
33.
[
(p)
](A56189-e104210-b)
(p)
An
exact
Abridgement
.
p.
665
,
666
,
667
The
claime
of
the
Duke
of
York
,
and
his
Title
to
the
Crown
of
England
,
against
the
Title
of
King
Henry
the
6
th
.
was
exhibited
to
the
Lords
in
full
Parliament
;
the
Lords
upon
consultation
willed
it
to
be
read
amongst
them
,
but
not
to
bee
answered
without
the
King
.
The
Lords
upon
long
consultation
declared
this
Title
to
the
King
,
who
willed
them
to
call
his
Justices
,
Sergeants
and
Attorney
to
answer
the
same
.
Who
being
called
accordingly
,
utterly
refused
to
answer
the
same
:
Order
thereupon
was
taken
,
That
every
Lord
might
therein
freely
utter
his
conceit
without
any
impeachment
to
him
.
In
the
end
there
were
five
objections
made
against
the
Dukes
Title
,
who
put
in
an
answer
to
every
of
them
;
which
done
,
the
Lords
upon
debate
,
made
this
order
and
agreement
between
the
King
and
Duke
.
That
the
King
should
injoy
the
Crown
of
England
during
his
life
;
and
the
Duke
and
his
heirs
to
succeed
after
him
.
That
the
Duke
and
his
two
sons
should
bee
sworne
,
by
no
means
to
shorten
the
dayes
,
or
impaire
the
preheminence
of
the
King
during
his
life
;
That
the
said
Duke
from
thenceforth
shall
be
reputed
and
stiled
to
bee
,
the
very
Heir
apparent
to
the
Crown
,
and
shall
injoy
the
same
after
the
death
or
resignation
of
the
said
King
.
That
the
said
Duke
shall
have
hereditaments
allotted
to
him
and
his
sons
of
the
annual
value
of
ten
thousand
marks
.
That
the
compassing
of
the
death
of
the
said
Duke
shall
bee
Treason
.
That
all
the
Bishops
and
Lords
in
full
Parliament
shall
swear
to
the
Duke
,
and
to
his
heirs
in
forme
aforesaid
.
That
the
said
Duke
and
his
two
sons
shall
swear
to
defend
the
Lords
for
this
agreement
.
The
King
by
Assent
of
the
Lords
(
without
the
Commons
)
)
agreeth
to
all
the
Ordinances
and
accords
aforesaid
;
and
by
the
Assent
of
the
Lords
,
utterly
repealeth
the
statute
of
intayle
of
the
Crown
made
in
1.
H.
4.
so
alwaies
as
hereafter
there
be
no
better
Title
proved
,
for
the
defeating
of
their
Title
and
this
agreement
by
the
King
.
After
all
which
the
said
Duke
,
and
the
two
Earles
his
sonnes
came
into
the
Parliament
Chamber
before
the
King
and
LORDS
,
and
sware
to
performe
the
award
aforesaid
,
with
protestation
,
if
the
King
for
his
part
duly
observed
the
same
,
the
which
the
King
promised
to
do
.
All
which
was
inrolled
in
the
Parliament
Rolls
.
Lo
here
the
Lords
alone
without
the
Commons
,
judge
and
make
an
award
between
King
Henry
the
6th
.
and
the
Duke
of
York
,
in
the
highest
point
of
right
and
title
that
could
come
in
question
before
them
;
even
the
right
and
title
to
the
Crown
of
England
,
then
controverted
and
decided
,
the
King
and
Duke
,
both
submitting
and
assenting
to
their
award
,
and
promising
,
swearing
mutually
to
perform
it
;
which
award
when
made
▪
was
confirmed
by
an
Act
passed
that
Parliament
,
to
which
the
Commons
assented
,
as
they
did
to
other
Acts
and
Bills
.
And
here
I
cannot
but
take
special
notice
of
Gods
admirable
Providence
and
retaliating
Justice
,
in
the
translation
of
the
Crown
of
England
from
one
head
,
family
of
the
royal
blood
,
to
another
,
by
blood
,
force
,
war
,
treason
,
and
countenance
of
the
Authority
of
the
temporal
and
spiritual
LORDS
and
COMMONS
in
Parliament
,
in
the
two
most
signal
presidents
of
King
Edward
,
and
King
Richard
the
2
d.
which
[
(a)
](A56189-e104680-b)
(a)
Cottoni
Posthuma
.
p.
350.
some
insist
on
,
to
prove
the
Commons
Copartnership
with
the
Lords
in
the
power
of
Judicature
in
our
Parliaments
,
the
Histories
of
whose
Resignations
of
their
Regal
Authority
and
subsequent
depositions
by
Parliament
,
I
shall
truly
relate
.
[
(b)
](A56189-e104720-b)
(b)
Walsingham
.
Hist.
Angl.
p.
104
,
to
119.
Fabian
,
Holinshed
.
Grafton
,
Speed
.
Baker
in
Ed.
2.
Anno
1326.
the
19.
of
Ed.
2d
.
Queen
Isabel
returning
with
her
Son
Prince
Edward
,
and
some
armed
forces
from
beyond
the
Seas
into
England
,
most
of
the
Earles
and
Barons
(
out
of
hatred
to
the
Spencers
and
King●
repaired
to
them
,
and
made
up
a
very
great
army
:
The
King
thereupon
proclaimed
,
that
every
man
should
resist
,
oppose
,
kill
them
(
except
the
Queen
,
Prince
and
Earle
of
Kent
,
which
they
should
take
prisoners
if
they
could
)
and
neither
hold
any
correspondency
with
them
,
nor
administer
victuals
,
nor
any
other
assistance
to
them
,
under
pain
of
forfeiting
their
bodies
&
estates
.
But
they
prevailing
,
and
the
King
being
deserted
by
most
,
hee
fled
into
Wales
for
shelter
:
Whereupon
Proclamation
was
made
in
the
Queens
army
every
day
,
that
the
King
should
return
and
receive
his
Kingdome
again
,
if
hee
would
conforme
himself
to
his
Leiges
.
Quo
non
comparente
Magnas●es
Regni
,
Here●ordiae
Concilium
inje●unt
,
in
quo
filius
Regis
Edwardus
,
factus
est
Cus●os
Angliae
communi
Decreto
:
cui
cuncti
tanquam
Regni
custodi
fidelitatem
fecerunt
per
fidei
sacramentum
.
Deinde
Episcopum
Norwicensem
fecerunt
Cancellarium
,
Episcopum
vero
Wintoniensem
regni
Thesaururium
statuerunt
.
Soon
after
the
King
himself
,
with
most
of
his
evil
Counsellors
were
taken
prisoners
,
being
betrayed
by
the
Welch
in
whom
they
most
confided
.
Hagh
Spencer
,
Simon
Reding
,
Baldoik
,
and
others
of
the
Kings
party
being
executed
at
Hereford
,
Anno
1327.
the
King
came
to
London
about
the
feast
of
Epiphany
,
where
they
were
received
with
great
joy
and
presents
.
Then
they
held
a
Parliament
wherein
they
all
agreed
,
the
King
was
unworthy
of
the
Crown
,
and
fit
to
be
deposed
,
for
which
end
there
were
certain
Articles
drawn
up
against
him
;
which
Adam
de
Orleton
Bishop
of
Winchester
thus
relates
,
in
his
Apology
(i)
Ea
autem
quae
de
Consilio
et
assensu
omnium
Praelatorum
,
Comitum
et
Baronum
,
et
totius
Communitatis
dicti
Regni
concordata
&
ordinata
fuerunt
contra
dictum
regem
ad
amotionem
suam
a
regimine
regni
,
contenta
sunt
in
instrumentis
publicis
Reverendo
patre
domino
J.
Dei
gratia
nunc
Cantuariensi
electo
,
tunc
Wintoniensi
Episcopo
et
Angliae
Thesaurario
,
c●nceptis
et
dictatis
,
&
manu
magistri
Willielmi
de
Mees
Clerici
sui
Secretarii
&
publici
Notari
conscriptis
et
in
publ●cam
formam
redactis
.
Quam
quidem
concordiam
ad
mei
excusationem
duxi
praesent
bus
inferendam
,
quae
talis
est
.
Accorde
est
,
qe
sire
Edward
fiz
aisne
du
roy
,
ait
le
government
del
Roialme
,
et
soit
rois
Coronne
par
les
Causes
qe
sensiwent
:
1.
Primerment
,
Pur
ceo
qe
la
persone
ly
Roy
nest
pas
suffisaunt
de
governer
.
Car
en
touz
son
temps
ad
il
este
mene
et
governe
par
autres
qe
ly
ount
mavoisement
consaillez
,
a
deshoneur
de
ly
,
et
destruction
de
s●int
Eglise
,
et
de
tout
son
people
,
saunz
ceo
qe
il
le
vousist
veer
ou
conustre
le
quel
il
sust
bon
ou
mavoys
,
ou
remedie
mettre
,
ou
faire
le
vousist
quant
il
fuist
r●quis
par
les
graunts
et
sages
de
s●n
Roialme
,
ou
suffrir
qe
amende
fuist
faite
.
2.
Item
Par
tout
son
temp
,
〈◊〉
se
voloit
doner
a
bon
consail
no
le
croire
,
ne
a
bon
governeme●t
de
son
Roialm
,
meys
se
ad
done
toux
jours
as
ouraignes
et
occupationes
nient
covenables
,
entre
lessaunt
lesploit
des
bosoignes
de
son
Roialme
,
Item
,
Par
defaute
de
bon
governement
ad
il
perdu
le
▪
Roialme
Descoce
et
autres
terres
et
seignuries
en
Gascoygne
&
Hytland
,
les
quex
son
pere
li
lessa
en
pees
&
amiste
ly
Roy
de
Fraunce
,
et
detz
moults
des
autres
graunts
.
4.
Item
,
Par
sa
fierte
&
qualte
&
par
mavoys
consail
ad
il
destruit
seint
Eglise
,
&
les
persones
de
seint
Eglise
tenuz
en
prisoun
les
uns
,
Et
les
alires
en
destresce
,
et
auxint
●lusours
graunts
et
nobles
de
la
terre
mys
a
hountose
m●nt
,
enpris●nez
,
exul●tz
&
disheritez
.
5.
Item
,
La
ou
il
est
tenuz
par
son
serement
a
faire
droit
a
toux
,
il
ne
bad
pas
volu
faire
,
pur
son
propre
prof●it
et
convetise
de
ly
&
de
ces
mavois
con●saili
es
●e
ount
este
pre●
de
ly
,
Ne
ad
garde
les
autres
pointz
del
serement
qil
fist
a
son
corounement
,
si
com
i●
feust
tenuz
.
6.
Item
,
Il
deguerpist
son
Royalme
,
et
fist
taunt
come
en
ly
fust
qe
son
Roialme
&
son
po●ple
fust
perduz
,
&
qe
pys
est
,
pur
la
crualte
de
ly
&
defaute
de
sa
personne
il
est
trove
incorrigible
sauntz
esperaunce
de
amendement
:
les
quex
choses
fount
si
notoires
qil
ne
poount
estre
desdi●z
▪
The
form
and
instrument
of
his
deposition
is
thus
recorded
by
[
(d)
](A56189-e105240-b)
(d)
Polychron
,
l.
7.
c.
43
Ranulp
▪
Cistrensis
,
and
[
(e)
](A56189-e105260-b)
(e)
De
Event
.
Angl.
l.
3.
c.
15.
col.
2549
,
2550.
Henry
de
Knyghton
:
Also
that
year
in
the
Octaves
of
Twelfth
day
was
made
a
Parliament
at
London
:
There
BY
ORDINANCE
with
a
solemn
message
is
sent
to
the
King
that
was
in
prison
,
3
Bishops
,
3
Earls
,
3
Barons
,
2
Abbots
,
2
Justices
,
for
to
resign
to
the
King
that
was
then
in
warde
,
the
homage
that
was
make
to
him
some
time
,
for
they
would
no
longer
have
him
for
their
Lord
;
One
of
them
Sir
William
Trussel
Knight
,
[
*
](A56189-e105320-b)
*
Walsingham
H●st
.
Angl.
p.
328.
to
402.
Hall
,
Fabian
,
Holinshed
,
Grafton
,
Stow
,
Speed
,
Baker
,
Trussel
,
Henry
de
Knyghton
,
and
others
.
and
PKOCURATOR
OF
ALL
THE
PARLIAMENT
,
spake
to
the
king
in
the
name
of
all
the
other
,
and
said
:
I
William
Trussel
in
the
name
of
all
men
of
the
lond
of
Englond
,
and
of
all
the
Parleament
Procurator
,
I
resign
to
thee
Edward
the
homage
that
was
made
to
thee
sometime
.
And
from
this
time
forthward
now
following
I
defie
thee
,
and
pryve
thee
of
all
ryal
power
,
and
I
shall
never
be
tendant
to
thee
as
for
King
after
this
time
.
Also
this
was
openly
cryed
at
London
.
The
true
form
of
his
deprivation
is
thus
recorded
in
the
Chronicle
of
Leycester
,
and
transcribed
out
of
it
by
Henry
de
Kryghton
in
French
:
Jeo
William
Trussel
Procurator
dez
Prelatez
,
Conrez
,
et
Barons
,
et
altrez
Gentz
en
ma
procuracye
nomes
,
Eyantal
ceo
ployne
&
suffysant
poure
,
e●
Homages
,
et
Fealtez
au
vous
Edward
Roy
Dengleterre
come
al
Roy
avant
ces
●enres
de
par
lez
ditz
persones
en
ma
procuracye
nomes
renk
et
rebaylle
sus
a
vous
Ed.
et
deliver
et
face
qui●ez
lez
persones
avant
ditz
,
en
la
me●l●our
manere
que
ley
et
custome
donnent
,
E
face
protestacion
en
nom
de
eaux
;
qils
ne
voillent
deformes
estre
en
vostre
s●al●e
,
ne
en
vostre
lyance
,
ne
cleyment
de
vous
come
●e
Roy
●iens
teni●
.
Encz
vous
teignent
de
●horse
priveye
persone
sans
nule
manere
de
●eale
dignite
.
Cum
haec
Rex
audisset
,
multum
de
fuis
malefactis
doluit
,
rugitus
et
lamenta
emittens
,
eo
quod
per
falsos
et
proditiosos
consiliarios
sic
omni
suo
tempore
ductus
fuerat
.
[
(f)
](A56189-e105490-b)
(f)
Hist.
Angl.
p.
107.
Thomas
of
Walsingham
thus
relates
the
proceeding
.
Convenit
etiam
illuc
tota
regni
Nobilitas
citata
per
prius
ad
Parliamentum
tenendum
ibidem
trastino
dicti
●esti
,
ubi
cuncti
centuerunt
regem
indignum
diademate
,
et
propte●
plures
articulos
deponendum
,
er
Edwardum
filium
ejus
primogenitum
in
regem
unanimiter
eligendum
.
Quod
etiam
consequenter
factum
fuit
,
et
electio
in
aul●
magna
Westmonasterii
publice
divulgare
,
per
quendam
ex
Magnatibus
sapientem
.
Cui
electioni
consensit
populus
universus
.
Archiepiscopus
vero
Cantuari●e
praesenti
consensit
electioni
,
ut
omnes
Praelati
:
&
Archiepiscopus
quidem
assumpto
themate
,
vox
populi
,
vox
Dei
;
sermonem
feci
populo
,
exhortans
omnes
ut
apud
regem
regum
intercederent
pro
electo
.
Facto
sermone
discessum
es●
▪
Ut
autem
notuit
Reginae
filli●ni
electio
,
et
viri
dejectio
,
plena
dolore
(
ut
foris
apparuit
)
sere
mente
alienata
fuit
.
Edwardus
quoque
filius
suus
mate●no
do●ori
compassus
,
juravit
,
quod
invito
patre
nunquem
susciperet
coronam
regni
.
Idcirco
communi
decreto
,
ex
parte
totius
regni
tres
Episcopi
duo
Comite●
et
duo
Abbates
,
et
de
quolibet
Comitatu
regnitre
milites
,
ac
etiam
de
Londoniis
et
aliis
civitatibus
et
magnis
villis
,
ut
praecipue
de
portubus
,
de
qualibet
certus
raimerus
perso●arum
missi
sunt
ad
regem
apud
Kenelworth
,
qui
nuncia●ent
electionem
filii
sui
,
et
requirerent
diligenter
,
quod
renunciaret
dignitati
regiae
et
coronae
,
et
permitteret
eundem
filium
suum
regnare
pro
eo
;
alioquin
ipsi
reddirent
sibi
homagia
,
et
procederent
in
praetact●s
.
Rex
autem
ut
haec
audivit
,
●um
stetu
et
ej●latu
respondit
;
quod
multum
doluit
de
eo
,
quod
sic
demeruit
erga
populum
s●i
regni
;
et
ab
omnibus
qui
aderant
veniam
precabatur
.
Sed
ex
quo
aliter
el●e
non
potuit
,
gratias
egit
quod
filium
suum
primogenitum
elegissent
.
Nuncii
vero
ad
Parliamentum
Londonias
rede
untes
cum
regis
respon●o
et
insigniis
,
plebem
laetam
fecerunt
,
mox
tota
regni
Communitas
Edwardum
juvenem
quatuordecim
annos
habentem
,
in
regem
promptissime
admisserunt
,
et
vicessimum
diem
Ianuarii
,
diem
primum
regni
sui
esse
decreverunt
,
et
in
omnibus
comitatibus
pacem
ejus
proclamari
fecerunt
sub
hac
forma
.
Edwardus
Dei
gratia
Rex
Angliae
;
dominus
Hiberniae
,
dux
Aquitaniae
,
vicecomiti
de
N.
salutem
.
Quia
Dominus
Edwardus
nupet
Rex
Angliae
,
pater
noster
,
de
communi
consilio
et
assensu
Praelatorum
,
et
Comitum
,
et
Baronum
,
et
aliorum
Magnatum
nec
non
Communitatum
totius
regni
praedicti
,
spontanea
voluntate
se
amovit
a
regimine
dicti
regni
,
volens
et
concedens
,
quod
nos
tanquam
ipsius
primogenitus
,
et
haeres
ipsius
,
regni
gubernation●m
et
regimen
assumamus
.
Nosque
ipsius
patris
nostri
beneplacito
in
hac
parte
de
Consilio
et
avisiamento
Praelatorum
,
Comitum
et
Baronum
praedictorum
annuens
,
gubernacula
suscepimus
dicti
regni
,
et
fidelitates
,
et
homagia
ipsorum
Praelat
.
et
Magnat
▪
recepimus
ut
est
moris
.
De
sderantes
igitur
pacem
nostram
pro
quiete
et
tranquillitate
populi
nostri
inviolabiliter
observari
,
tibi
praecipimus
,
quod
statim
vifis
praesentibus
,
per
totam
Ballivam
tuam
pacem
nostram
facias
publice
proclamari
,
universis
et
singulis
ex
parte
nostra
inhibendo
,
sub
poena
et
periculo
exhaeredationis
et
amissionis
vitae
et
membrorum
,
ne
quis
dictam
pacem
nostram
inf●ingere
seu
violare
praesumat
,
sed
quilibet
actiones
&
quaerelas
absque
quacunque
prosequatur
,
secundum
leges
et
consdetudines
regni
nostri
.
Nos
enim
parati
sumus
,
er
semper
erimus
omnibus
er
singulis
conquerentibus
tam
divitibus
quam
pauperibus
in
curiis
nostris
plenam
justitiam
exhibere
.
Teste
meipso
,
&c.
Calendas
Febr.
die
dominica
in
vigilia
purificationis
.
The
Proceedings
and
Articles
against
Rich.
2.
and
the
manner
of
his
Resignation
,
Deposition
being
somewhat
mistaken
,
and
not
so
fully
related
in
our
vulgar
H●storians
,
I
shall
present
you
with
the
true
Narration
thereof
out
of
the
Parliament
Roll
it self
where
it
is
thus
at
large
recorded
.
Rotulus
Parliamenti
Summoniti
&
tenti
apud
Westmonasterium
in
festo
Sanctae
Fidis
Virginis
,
anno
regni
Regis
Henrici
quarti
post
Conquestum
primo
,
Membr.
20.
Les
Record
&
proces
del
renunciation
du
Roy
Richard
le
Second
apres
le
conquest
&
del
acceptation
de
mesme
la
renunciationi
,
ensemblement
ove
la
deposition
de
mesme
le
Roy
Richard
ensuent
●y
apres
.
MEmorand.
Quod
die
Lunae
in
festo
sancti
Michaelis
Archangeli
Anno
Regni
Regis
Ricardi
secundi
23
,
Domini
Spirituales
&
Temporales
,
&
aliae
personae
notabiles
:
videlicet
,
Dominus
Richardus
le
Scrop
,
Archiepiscopus
Eboracensis
,
Io.
Episcopus
Hereford
,
Hen.
Comes
Northumbr
.
&
Radulfus
Comes
Westmorelandiae
,
Dominus
Hugo
le
Burnel
,
Tho.
Dominus
de
Berkley
,
Prior
Cantuar.
&
Abbas
Westmonasterii
,
Williel
:
Thyrninge
Miles
,
&
Johan
.
Markham
Justiciarii
,
Tho.
Stow
,
&
Johan
.
Burbache
,
Legum
Doctores
,
Thom.
de
Erpingham
,
&
Tho.
Gray
Milites
,
Will
.
de
Feryby
,
&
Dionysius
L●pham
,
Notarii
publici
:
de
quorundam
Dominorum
Spiritualium
,
&
Temporalium
,
ac
Justitiariorum
&
aliorum
tam
in
Jure
Civili
&
Canonico
,
quam
in
regni
legibus
peritorum
,
apud
Westmonast
.
in
loco
consueto
Concilii
congregatorum
assensu
&
avisamento
ad
actum
subscriptum
primitus
deputati
,
ad
praesentiam
dicti
Regis
Ricardi
infra
turrim
London
.
existentis
circiter
nonam
pulsationem
horologii
accesserunt
,
&
recitato
coram
eodem
Rege
per
praedictum
Comitem
Northumbr
.
vice
omnium
praedictorum
,
sibi
ut
premittitur
adjunctorum
,
qualiter
idem
rex
alias
apud
Coneway
in
Northwallia
,
in
sua
libertate
existens
promisit
Domino
Thomae
Archiepiscopo
Cantuariensi
&
dicto
Comiti
Northumbr
.
se
velle
cedere
,
&
renuntiare
Coronae
Angliae
&
Franciae
,
&
suae
regiae
Majestati
ex
causis
per
ipsum
Regem
ibidem
de
sua
inhabilitate
,
&
insufficientia
confessatis
,
&
hoc
meliori
modo
,
&
forma
quibus
facere
poterit
,
prou●
peritorum
consilium
melius
duxerit
ordinandum
.
Idem
rex
coram
dictis
Dominis
&
aliis
superius
nominatis
,
ad
hoc
benigne
respondens
dixit
,
se
velle
cum
effectu
perficere
quod
prius
in
ea
parte
promisit
.
Desideravit
tamen
habere
colloquium
cum
Henrico
Duce
Lancastriae
,
&
praefato
Archiepiscopo
Cantuariensi
consanguineis
suis
,
antequam
promissum
suum
hujusmodi
adimpleret
.
Petivit
tamen
copiam
cessionis
per
ipsum
faciendae
sibi
tradi
,
ut
super
illa
possit
interim
deliberare
;
qua
quidem
copia
sibi
tradita
,
dicti
Domini
,
&
alii
ad
sua
hospitia
recesserunt
.
Postea
eadem
die
post
prandium
,
dicto
rege
plurimum
affectante
praedicti
Ducis
Lancastriae
adventum
,
&
illum
diutius
praestolante
,
tandem
idem
Dux
de
Lancastria
,
Domini
&
personae
superius
nominati
,
ac
etiam
dictus
Archiepiscopus
Cantuariensis
venerunt
ad
praesentiam
dicti
Regis
in
turri
praedicta
,
Dominis
de
Roos
,
de
Wiloghby
,
&
de
Abergeny
,
&
pluribus
aliis
runc
ibidem
praesentibus
.
Et
postquam
idem
Rex
cum
dictis
Duce
Lancastriae
&
Archiepiscopo
colloquium
habebat
,
ad
partem
vultu
hilari
hinc
inde
inter
eos
exhibito
,
prout
circumstantibus
videbatur
,
tandem
dictus
Rex
accersitis
ad
eum
omnibus
ibidem
praesentibus
,
dixit
publice
coram
illis
,
quod
paratus
erat
ad
renuntiationem
faciendam
,
&
ad
renuntiandum
&
cedendum
secundum
promissionem
per
cum
ut
praemittitur
factum
;
Sieque
incontinenti
,
licet
potuisset
ut
sibi
dicebatur
ab
aliis
cessionem
&
renuntiationem
in
quadam
schedula
pargameni
redactam
per
aliquem
deputatum
organum
vocis
suae
fecisse
,
pro
labore
tam
prolixo
lecturae
vitando
,
Idem
tamen
Rex
gratanter
,
ut
apparuit
,
ac
hilari
vultu
schedulam
illam
manu
sua
tenens
,
dixit
,
semetipsum
velle
legere
,
&
distincte
prelegit
eandem
.
Necnon
absolvit
ligeos
suos
,
renuntiavit
,
&
cessit
,
&
juravit
,
&
alia
dixit
,
&
protulit
in
legendo
&
le
subscripsit
m●nu
sua
propria
,
prout
plenius
continetur
in
dicta
schedula
,
cujus
tenor
talis
est
.
IN
NOMINE
DEI
,
Amen
.
Ego
Rich.
Dei
gratia
Rex
Angliae
&
Franciae
,
&
Dominus
Hiberniae
,
omnium
dictorum
Regnorum
,
&
Domini●rum
Archiepiscopos
,
Episcopos
,
&
alios
quoscunque
Ecclesiarum
Secularium
,
vel
Regularium
Praelatos
cujuscunque
dignitatis
,
gradus
,
status
,
seu
conditionis
existant
;
Duces
,
Marchiones
,
Comites
,
Barones
,
Vasallos
,
&
Valvassor●s
,
&
Ligeos
homines
meos
quoscunq
ecclesiasticos
,
vel
seculares
quocunque
nomine
censeantur
,
à
juramento
fidelitatis
&
homagii
,
&
aliis
quibuscunque
michi
factis
,
omnique
vinculo
ligeantiae
,
&
Regaliae
,
ac
Dominii
quibus
obligati
mihi
fuerint
,
vel
sint
,
vel
alias
quomodolibet
adstricti
,
absolvo
;
Et
eos
,
&
haeredes
ipsorum
,
&
successores
in
perpetuum
,
ab
iisdem
obligationibus
,
&
juramentis
,
&
aliis
quibuscunque
libero
,
relaxo
,
&
quieto
,
&
liberos
,
solutos
&
quietos
ac
immunes
,
quantum
ad
personam
meam
attinet
,
dimitto
,
ad
effectum
omnem
juris
qui
ex
praemissis
sequi
poterit
,
seu
aliquo
praemissorum
,
omnique
Regia
dignitati
,
ac
majestati
,
&
Coronae
,
neonon
Domini●
,
&
potestati
dictorum
Regnorum
,
&
Dominii
:
aliisque
Dominiis
&
possessionibus
meis
,
seu
mihi
quomodolibet
pertinentibus
,
seu
competentibus
quibuscunque
,
quocunque
nomine
censeantur
infra
Regna
,
&
Dominia
praedicta
,
vel
alibi
ubilibet
constitutis
,
Omnique
juri
,
&
colori
juris
,
ac
titulo
,
possessioni
ac
dominio
quae
unquam
habui
,
habeo
,
seu
quovismodo
habere
potero
,
in
iisdem
,
seu
eorum
aliquo
,
vel
ad
ea
cum
su●s
juribus
&
pertinentiis
universis
,
seu
dependentibus
qualitercunque
ab
eisdem
,
vel
eorum
aliquo
,
Necnon
regimini
,
&
gubernationi
dictorum
Regnorum
&
Dominiorum
hujusmodi
,
&
eorum
administrationi
,
omnibusque
&
omnimodis
mero
&
mixto
imperio
,
ac
jurisdictioni
in
iisdem
regnis
,
&
Dominiis
mihi
competentibus
,
vel
competituris
,
nominique
,
honori
,
ac
Regaliae
,
&
Celeitudini
Regiis
,
purè
,
sponte
,
simpliciter
,
&
absolute
,
melioribus
modo
,
via
,
&
forma
quibus
poterit
in
his
scriptis
renuntio
,
&
ea
in
totum
resigno
,
acre
,
&
verbo
demitto
,
&
iisdem
cedo
,
&
ab
iisdem
recedo
in
perpetuum
.
Salvis
successoribus
meis
regibus
Angliae
in
Regnis
,
&
Dominiis
,
&
●aeteris
omnibus
praemissis
in
perpet●um
,
juribus
in
iisdem
,
seu
eorum
aliquo
competentibus
,
vel
competituris
quibuscunque
.
Meque
ad
regimen
,
&
gubernationem
dictorum
Regnorum
,
ac
Dominiorum
cum
suis
p●rtinentiis
universis
fateor
,
recognosco
,
reputo
,
&
veraciter
,
ex
certa
scientia
judico
fuisse
,
&
esse
insufficientem
penitus
,
&
inutilem
,
ac
propter
mea
demerita
notoria
non
immerito
deponendum
.
Et
juro
ad
haec
sancta
Dei
evangelia
,
per
me
corporaliter
tacta
,
quod
nunquam
praemissis
resignationi
,
renuntiationi
dimissioni
,
&
cessioni
contraveniam
,
seu
ea
quomodolibet
impugnabo
facto
,
vel
verbo
,
per
me
,
vel
per
alium
,
vel
per
alios
,
seu
contraveniri
,
vel
impugnari
permittam
quantum
in
me
est
publicè
vel
occultè
;
sed
easdem
renuntiationem
,
resignationem
,
dimissionem
,
&
cessionem
in
perpetuum
ratas
&
gratas
habebo
,
&
firmiter
tenebo
,
&
observabo
in
toto
,
&
omni
sui
parte
,
sicut
Deus
me
adjuvet
,
&
haec
sancta
Dei
Evangelia
.
Ego
Richardus
Rex
antedictus
propria
mea
manu
hic
me
subscribo
.
Et
statim
idem
Rex
renuntiationi
,
&
cessioni
praedictis
,
verbo
tenus
adjunxit
;
quod
si
esset
in
potestate
sua
,
dictus
Dux
Lancastriae
succederet
sibi
in
Regno
;
sed
quia
hoc
in
potestate
sua
non
dependebat
ut
dixit
,
dictos
Eboracensem
Archiepiscopum
,
&
Episcopum
Herefordensem
,
quos
protunc
constituit
suos
procuratores
ad
declarandum
,
&
intimandum
cessionem
,
&
renuntiationem
hujusmodi
omnibus
statibus
dicti
regni
,
rogavit
ut
intentionem
,
&
voluntatem
suam
in
●a
parte
populo
nuntiarent
,
&
in
signum
suae
voluntatis
,
&
intentionis
hujusmodi
,
annulum
auri
de
signeto
suo
,
patenter
de
digito
suo
tunc
ibidem
extraxit
,
&
digito
dicti
Ducis
Lancastriae
apposuit
,
Desiderans
hoc
ipsum
ut
asseruit
,
omnibus
regni
statibus
innotesci
.
Quo
facto
,
valefacientes
hinc
inde
omnes
turrim
praedictam
exieruntad
sua
hospicia
reversuri
.
In
crastino
autem
,
videlicet
in
die
Martis
in
festo
Sancti
Hieronymi
in
magna
aula
apud
West
monasterium
in
loco
ad
Parliamentum
tenendum
honorifice
praeparato
,
dictis
Archiepiscopo
Cantuariensi
&
Eboracensi
,
ac
Duce
Lancastriae
,
aliisque
Ducibus
,
ac
Dominis
tam
Spiritualibus
quam
Temporalibus
quorum
nomina
describuntur
inferius
,
populoque
dicti
regni
tunc
ibidem
propter
factum
Parliamenti
in
magna
multitudine
congregato
praesentibus
;
ac
praefato
Duce
Lancastriae
locum
statui
suo
debitum
,
&
solitum
occupante
,
ac
sede
regali
cum
pannis
auri
solempniter
praeparata
,
tunc
vacua
absque
presidente
quocunque
,
supradictis
Archiepiscopus
Eboracensis
suo
&
dicti
Herefordensis
Episcopi
nomine
juxta
dicti
Regis
injunctum
cessionem
&
renuntiationem
per
ipsum
sic
fuisse
ut
praemittitur
factam
,
etiam
cum
subscriptione
regiae
manus
,
&
traditione
signeti
sui
publice
declaravit
,
eandemque
cessionem
,
&
renuntiationem
per
alium
,
primo
in
Latinis
verbis
,
postea
in
Anglicis
legi
fecit
ibidem
;
&
statim
,
ut
fuerat
interrogatum
a
statibus
&
populo
ibidem
praesentibus
,
primo
videlicet
ab
Archiepiscopo
Cantuariensi
praedicto
,
cui
ratione
dignitatis
&
praerogativae
ecclesiae
suae
Cantuariae
Metropoliticae
,
in
hac
parte
competit
primam
vocem
habere
inter
caeteros
Praelatos
&
Proceres
regni
,
si
pro
eorum
interesse
,
&
utilitate
regni
vellent
renunciationem
,
&
cessionem
hujusmodi
admittere
:
statusque
iidem
,
&
populos
reputantes
ex
causis
per
ipsum
Regem
in
sua
renunciatione
,
&
cessione
praedictis
significatis
,
hoc
fore
multum
expediens
,
renuntiationem
,
&
cessionem
hujusmodi
singuli
singillatim
,
&
in
communi
cum
populo
unanimiter
▪
&
concorditer
admiserunt
.
Post
quam
quidem
admissionem
fuerat
publice
ibidem
tunc
expositum
,
quod
ultra
cessionem
&
renunciationem
hujusmodi
ut
praefertur
admissam
,
valde
forer
expediens
,
ac
utile
regno
praedicto
,
pro
omni
scrupulo
,
&
sinistra
suspicione
tollendis
,
quod
plurima
crimina
,
&
defectus
per
dictum
regem
circa
malum
regimen
regni
sui
frequentius
perpetrata
,
per
modum
articulorum
in
scriptis
redacta
,
propter
quae
ut
idem
asseruit
,
in
cessione
facta
per
eum
,
esset
ipse
merito
deponendus
,
publice
legerentur
,
quodque
essent
populo
declarata
.
Sicque
maxima
pars
articulorum
illorum
erat
publice
perfecta
tunc
ibidem
;
quorum
omnium
articulorum
tenor
talis
est
.
Sequitur
forma
juramenti
soliti
&
consueti
praestari
per
Reges
Angliae
in
eorum
Coronatione
,
quod
Archiepiscopus
Cantuariensis
ab
eisdem
regibus
exigere
&
recipere
consuevit
,
prout
in
libris
pontificalium
Archiepiscoporum
&
Episcoporum
plenius
continetur
.
Quod
quidem
juramentum
Ricardus
Rex
Angliae
post
Conquestum
secundus
in
Coronatione
sua
praestitit
,
&
ab
Archiepiscopo
Cantuariensi
erat
receptum
;
&
illud
idem
juramentum
dictus
Rex
postmodum
iteravit
,
prout
in
rotulis
Cancellariae
plenius
reperiri
poterit
de
recordo
.
Servabis
ecclesiae
Dei
,
&
populo
pacem
ex
integro
&
concordiam
in
Deo
secundum
vires
tuas
.
Respondebit
,
Servabo
.
Facies
fieri
in
omnibus
judiciis
tuis
aequam
&
rectam
justiciam
&
discretionem
in
misericordia
&
veritate
secundum
vires
tuas
.
Respondebit
,
Faciam
.
Concedis
justas
leges
&
consuetudines
esse
tenendas
,
&
promittis
per
te
esse
protegendas
,
&
ad
honorem
dei
corroborandas
quas
vulgus
elegerit
,
secundum
vires
tuas
.
Respondebit
,
Concedo
&
promitto
.
Adjicianturque
praedictis
interrogationibus
quae
justa
fuerint
;
Praenunciatisque
omnibus
confirmet
Rex
,
se
omnia
servaturum
Sacramento
super
altare
praestito
coram
cunctis
.
Inprimis
,
Objicitur
Regi
Richardo
quod
propter
malum
regimen
suum
,
videlicet
bona
&
possessiones
ad
Coronam
suam
spectantia
,
etiam
personis
indignis
donando
,
&
indiscrete
dissipando
,
&
ob
hoc
collectas
,
&
alia
onera
gravia
&
importabilia
populo
sine
causa
imponendo
,
necnon
alia
mala
innumerabilia
perpetrando
,
alias
de
assensu
,
&
mandato
suis
per
totum
Parliamentum
ad
gubernationem
regni
certi
Praelati
,
&
alii
Domini
temporales
erant
electi
,
&
assignati
,
qui
totis
viribus
suis
circa
justam
gubernationem
regni
propriis
sumptibus
suis
fideliter
laborarent
;
tamen
Rex
facto
per
eum
Conventiculo
cum
suis
complicibus
,
dictos
Dominos
tam
Spirituales
quam
Temporales
circa
Regni
utilitatem
occupatos
de
alta
proditione
impetere
proponebat
,
ac
Justitiarios
Regni
ad
suum
nefandum
propositum
corroborandum
metu
mortis
,
&
cruciatus
corporis
violenter
attraxit
,
dictos
Dominos
destruere
satagendo
.
2
Item
,
Idem
Rex
nuper
apud
Salopiam
coram
se
,
ac
aliis
sibi
faventibus
venire
fecit
quamplures
,
&
majorem
partem
Justitiariorum
cameraliter
,
&
eos
per
minas
▪
&
terrores
varios
,
ac
etiam
metus
qui
possunt
cadere
in
constantes
,
induxit
,
fecit
,
&
compulit
sigillatim
,
ad
respondendum
certis
quaestionibus
pro
parte
ipsius
Regis
factis
ibidem
tangentibus
leges
regni
sui
,
praeter
,
&
contra
voluntatem
eorum
,
&
aliter
quam
respondissent
,
si
fuissent
in
libertate
sua
,
&
non
coacti
▪
Quarum
Responsionum
colore
idem
Rex
proposuit
processisse
postmodum
ad
destructionem
Thoma
Ducis
Gloucestria
,
&
Comitum
Arundel
,
&
Warwick
ac
aliorum
Dominorum
,
contra
quorum
facta
&
gesta
praedictus
Rex
erat
quamplurimum
indignatus
,
maxime
quia
desiderabant
eundem
Regem
esse
sub
bono
regimine
.
Sed
divino
nutu
obstante
,
resistentia
&
potentia
dictorum
Dominorum
Rex
propositum
suum
hujusmodi
perducere
non
potuit
ad
affectum
.
3
Item
,
Cum
Domini
Temporales
ejus
malitiae
ac
dolositati
seipsos
defendendo
restitissent
,
dictus
Rex
diem
Parliamenti
sui
pro
justitia
eis
,
&
aliis
Regni-colis
in
hac
parte
ministranda
praefixisser
,
dictique
Domini
Temporales
in
suis
domibus
sub
spe
&
fiducia
Parliamenti
praedicti
quiete
,
ac
pacifice
resedissent
:
Rex
clanculo
Ducem
Hiberniae
cum
suis
litteris
,
&
vexillo
ad
partes
Cestriae
destinavit
,
ibique
nonnullas
gentes
ad
arma
commovit
,
&
contra
dictos
Dominos
,
&
magnates
Regni
,
&
Reipublicae
servitores
insurgere
fecit
,
vexillum
eius
contra
pacem
per
cum
juratam
publice
erigendo
;
unde
homicidia
,
captivitates
,
dissentiones
,
&
alia
mala
infinita
in
totum
regnum
secuta
fuerunt
quare
perjuriam
incurrebat
.
4
Item
,
Licet
dictus
Rex
omnem
offensam
dictis
Duci
Gloucestriae
,
&
Comitibus
Arundel
,
&
Warwick
,
&
omnibus
aliis
sibi
in
hujusmodi
factis
assistentibus
,
&
aliis
in
pleno
Parliamento
de
assensu
ejusdem
perdonasset
pacisque
&
amores
signa
per
plures
annos
ei●dem
Duci
,
&
Comitibus
,
&
aliis
vultum
hilarem
&
benignum
exhibuisset
;
Idem
tamen
Rex
semper
&
continue
fel
in
corde
gerens
,
tandem
opportunitate
captata
dictum
Ducem
Gloucestriae
ipsius
Regis
avunculum
,
necnon
bonae
memoriae
Edwardi
nuper
Regis
Anglia
filium
,
&
Conestabularium
Angliae
dicto
Domino
Regi
cum
pro
cessione
solempni
humiliter
occurrentem
,
dictosque
Comites
Arundell
&
Warwick
capi
,
&
arestari
fecit
,
&
ipsum
Ducem
extra
regnum
Angliae
usque
ad
Villam
Calesiae
duci
fecit
,
&
ibidem
incarcerari
,
&
sub
custodia
Comitis
Nottingham
unius
ipsum
Ducem
appellantium
detineri
,
&
sine
responsione
&
processu
quocunque
legitimo
occulte
suffocari
,
strangulari
,
,
&
murdrari
inhumaniter
,
&
crudeliter
fecit
,
Comitemque
Arundel
,
tam
carram
de
dicta
perdonatione
generali
,
quam
cartam
perdonationis
postea
sibi
concessam
allegantem
,
&
justitiam
sibi
fieri
petentem
,
in
Parliamento
suo
,
viris
armatis
,
&
sagittariis
innumeris
vallato
,
per
impressionem
populi
per
eum
ad
hoc
collecti
dampnabiliter
decapitari
fecit
;
Comitemque
Warwick
,
&
Dominum
de
Cobham
perpecuis
carceribus
mancipavit
,
eorum
terras
,
&
tehementa
,
tam
in
feodo
simplici
quam
in
feodo
talliato
de
se
&
haeredibus
suis
contra
justitiam
&
leges
regni
sui
&
juramentum
suum
expressum
nequiter
confiscando
,
&
eorum
appellantibus
concedendo
.
5
Item
,
Tempore
quo
idem
Rex
,
in
Parliamento
suo
fecit
adjudicari
Ducem
Gloucestriae
,
&
Comites
Arundell
,
&
Warwick
,
ut
liberius
possit
exercere
crudelitatem
in
eosdem
,
&
voluntatem
fuam
injuriosam
in
aliis
adimpler●
,
sibi
attraxit
multitudinem
magi●am
malefactorum
de
Comitatu
Cestriae
,
quorum
quidam
cum
Rege
transeuntes
per
regnum
,
tam
infra
hos
pitium
Regis
,
quam
extra
ligeos
regni
crudeliter
occiderunt
,
&
quosdam
verberaverun●
vulneraverunt
,
&
depraederunt
bona
populi
,
&
pro
suis
victualibus
solvere
recusarunt
,
&
uxores
,
&
alias
mulieres
rapuerunt
,
&
violaverunt
,
&
licet
super
eorum
hujusmodi
excessibus
graves
querimoniae
deferebantur
ad
audientiam
dicti
Domini
Regis
,
idem
tamen
Rex
super
hiis
justitiam
,
seu
remedium
facere
non
curavit
,
sed
favebat
iisdem
gentibus
in
maleficiis
eorundem
,
confidens
in
eis
,
&
eorum
praefidio
contra
quoscunque
alios
regni
sui
,
propter
quod
fideles
regni
sui
magnam
commotionis
&
indignationis
materiam
habuerunt
.
6
Item
,
Licet
dictus
Rex
per
brevia
sua
proclamari
fecerit
per
totum
regnum
suum
,
quod
Avunculum
suum
Ducem
Gloucestriae
,
&
Comites
Arundell
&
Warwick
capi
fecerit
,
&
arrestari
,
non
pro
aliquibus
congregationibus
,
&
equitationibus
per
eos
infra
regnum
.
Anglia
factis
,
sed
pro
quampluribus
extortionibus
oppressionibus
&
aliis
contra
Regaliam
suam
,
&
Regiam
Majestatem
postmodum
factis
&
perpetraris
per
eos
,
quodque
non
erat
intentionis
ipsius
regis
quod
aliquis
de
familia
praedictorum
Ducis
Gloucestriae
,
ad
Comitum
Arundell
,
&
Warwick
seu
eorum
qui
in
comitiva
seu
tempore
congregationis
,
&
equitationis
praedictarum
fuit
,
ea
occasione
molestetur
aliqualiter
,
seu
gravetur
:
Idem
tamen
Rex
tandem
in
Parliamento
suo
dictos
Dominos
non
pro
extortionibus
,
oppressionibus
aut
aliis
praedictis
impetiit
,
sed
pro
congregationibus
&
equitationibus
supradiotis
eos
adjudioavit
ad
mortem
,
&
quamplures
de
familia
eorudem
Dominorum
,
&
aliorum
qui
in
comitiva
sua
tempore
congregationis
,
&
equitationis
fuerunt
,
metu
mortis
compulit
fines
&
redemptiones
facere
,
ut
pote
traditores
,
vel
proditores
,
ad
gravem
destructionem
quamplurium
hominum
de
populo
suo
.
Sicque
dictos
Dominos
&
eorum
familiares
hujusmodi
&
populum
regni
sui
callide
,
fraudulenter
&
malitiose
decepit
.
7
Item
,
Postquam
quamplures
de
personis
illis
facientibus
fines
&
redemptiones
hujusmodi
impetraverunt
à
Rege
literas
s●s
patentes
pardonationis
plenariae
in
praemissis
,
nullum
commodum
ex
hujusmodi
literis
perdonationis
poterant
reportare
,
donec
novos
fines
,
&
Redemptiones
pro
eorum
vita
conservanda
fecislent
,
unde
fuerant
quamplurimum
depa●perati
;
pro
quo
nomini
,
&
statui
Regis
fuerat
plurimum
derogatum
.
8
Item
,
In
Parliamento
ultimo
tento
apud
Salopiam
idem
Rex
proponens
opprimere
populum
suum
procuravit
subtiliter
▪
&
fecit
concedi
quod
potestas
Parliamenti
de
consensu
omnium
Statuum
Regni
sui
remaneret
apud
quasdam
personas
,
ad
terminandum
dissoluto
Parliamento
certas
petitiones
in
eodem
Parliamento
porrectas
,
protunc
minimè
expeditas
;
Cujus
concessionis
colore
personae
sic
deputatae
processerunt
ad
alia
generaliter
Parliamentum
illud
tangentia
,
&
hoc
de
voluntate
Regis
,
in
derogationem
Status
Parliamenti
,
&
in
magnum
incommodum
totius
regni
,
&
pernitiosum
exemplum
.
Et
ut
super
factis
eorum
hujusmodi
aliqualem
colorem
&
authoritatem
viderentur
habere
,
Rex
fecit
Rotulos
Parliamenti
,
pro
voto
suo
mutari
&
deleri
,
contra
effectum
concessionis
praedictae
.
9
Item
,
Non
obstante
quod
dictus
Rex
in
Coronatione
sua
juraverit
,
quod
fieri
faceret
in
omnibus
judiciis
suis
aequam
&
rectam
justitiam
&
discretionem
in
miscricordia
&
veritate
secundum
vires
suas
:
dictus
tamen
Rex
absque
omni
misericordia
rigor●se
inter
caetera
statuit
,
&
ordinavit
sub
gravibus
poenis
,
quod
pro
Henrico
Duce
Lancastriae
relegato
,
pro
aliqua
gratia
sibi
facienda
nulius
rogaret
,
aut
intercederet
apud
eundem
Regem
;
In
quo
facto
idem
Rex
contra
charitatis
vinculum
operabatur
,
juramentum
praedictum
temere
violando
.
10
Item
,
Quamvis
Corona
●egni
Angliae
at
jura
ejusdem
Coronae
,
ipsumque
regnum
●int
ab
omni
tempore
re●acto
adeo
libera
,
ut
dominus
summus
Ponti●ex
,
nec
aliquis
alius
extra
regnum
se
intromittere
debeat
de
iisdem
:
tamen
praefatus
Rex
ad
reborationem
statutorum
suorum
erreneorum
supplicavit
Domino
Papae
,
quod
statuta
in
ultimo
Parliamento
suo
ordinata
confirmaret
,
super
quo
Dominus
Rex
literas
Apostolicas
impetravit
,
in
quibus
graves
censurae
proferuntur
contra
quoscunque
qui
dictis
statutis
in
aliquo
contravenire
p●aesumpserint
.
Quae
omnia
contra
Coronam
,
&
dignitatem
regiam
,
ac
contra
statuta
,
&
libertates
dicti
regni
tendere
dinoscuntur
.
11
Item
,
Licet
Dominus
Henricus
nunc
Dux
Lancastriae
billam
suam
,
statum
&
honorem
Regis
concernentem
ad
ipsius
Regis
mandatum
contra
Ducem
Nor
fulci●
proposuit
,
&
eandem
fuisset
debite
prosecutus
,
adeo
quod
juxta
Regis
ordinationem
se
ad
duellum
in
omnibus
paratum
exhibuisset
,
prae●atusque
Rex
ipsum
nunc
Ducem
Lancastriae
,
debitum
suum
in
hac
parte
honorifice
quantum
in
ipso
fuerat
implevisse
pronuntiasset
,
&
declarasset
per
decretum
,
&
hoc
coram
toto
populo
ad
duellum
hujusmodi
congregato
fuisset
publice
proclamatum
▪
Idem
tamen
Rex
praedictum
nunc
Ducem
Lancastriae
,
sine
quacunque
causa
legitima
ad
decennium
exlegari
fecit
&
mandavit
,
contra
omnem
justitiam
,
&
leges
,
&
consuetudines
regni
sui
ac
jura
militaria
in
●ac
parte
,
perjurium
dampna●ilitet
incurrendo
.
12
Item
,
Postquam
dictus
Rex
gratiose
concessit
per
literas
suas
patentes
Domino
Henrico
nunc
Duci
Lancastria
,
quod
in
ipsius
absentia
dum
fuerat
exlegatus
generales
atturnati
sui
possent
prosequi
pro
liberatione
sibi
facienda
de
quibuscunque
haereditatibus
,
sive
successionibus
ipsum
extunc
contingentibus
,
&
quod
homagium
suum
respectuari
deberet
pro
quodam
fine
rationabili
faciendo
,
literas
illas
patentes
injuriose
revocavit
,
contra
leges
terrae
perjurium
incurrendo
.
13
Item
,
Non
obstante
quod
statuum
erat
,
quod
singulis
annis
Officiarii
Regis
cum
Justitiariis
,
&
aliis
de
Consilio
Regis
Vicecomites
per
omnes
comitatus
regni
eligant
,
&
nominarent
Domino
Regi
secundum
quod
eorum
discretioni
,
&
conscientiae
pro
bono
,
&
utilitate
regni
videbitur
expedire
:
Idem
Rex
non
nominatos
aut
electos
hujusmodi
,
sed
alios
pro
suo
libitu
voluntatis
,
quandoque
suos
familiares
,
quandoque
tales
quos
scivit
nolle
resistere
voluntati
suae
in
Vicecomites
fieri
mandavit
pro
suo
&
aliorum
commodo
singulari
,
ad
magnum
gravaraen
populi
sui
,
&
contra
leges
regni
sui
,
perjurium
notorie
incurrendo
.
14
Item
,
Tempore
illo
quo
Rex
praedictus
petivit
,
&
habuit
à
quampluribus
Dominis
&
aliis
de
regno
plures
pecuniarum
summas
ex
causa
mutui
,
certo
termino
solvendas
,
Non
obstante
quod
idem
Rex
per
singulas
literas
suas
patentes
promisit
bona
fide
singulis
personis
à
quibus
mutuo
recepit
pecunias
illas
,
quod
eis
limitato
termino
praedicto
resolveret
hujusmodi
pecunias
mutuatas
;
promissionem
suam
hujusmodi
non
adimplevit
,
nec
de
pecuniis
illis
est
hactenus
satisfactum
,
unde
creditores
hujusmodi
valde
gravantur
,
&
non
tam
illi
,
quamplures
alii
de
regno
regem
reputant
infidelem
.
15
Item
,
Ubi
Rex
Angliae
de
proventibus
regni
sui
,
&
patrimonio
ad
Coronam
suam
spectante
possit
honeste
vivere
absque
oppressione
populi
sui
,
dummodo
regnum
non
esset
guerrarum
dispendio
oneratum
.
Idem
Rex
quasi
toto
tempore
suo
durantibus
treugis
inter
Regnum
Angliae
,
&
adversarios
ejus
,
non
solum
magnam
immo
maximam
partem
dicti
patrimonir
sui
donavit
etiam
personis
indignis
,
verum
etiam
propterea
tot
onera
concessionis
subditis
imposuit
quasi
annis
singulis
in
Regno
suo
,
quod
valde
&
mimium
excessive
populum
suum
oppressit
,
in
depauperationem
regni
sui
,
ea
bona
sic
levata
,
non
ad
commodum
&
uti
itatem
regni
Angliae
convertendo
,
sed
ad
nominis
sui
ostentationem
,
&
pompam
,
&
vanam
gloriam
prodige
dissipando
,
&
pro
victualibus
hospitu
sui
,
&
aliis
emprionibus
suis
maximae
summae
pecuniarum
in
regno
suo
debentur
,
licet
divitiis
&
thesauris
plusquam
aliquis
progenitorum
suorum
de
quo
recolitur
abundavit
.
16
Item
,
Idem
Rex
●olens
justas
leges
&
consuetudi●es
regni
sui
servate
,
seu
protegere
,
sed
secundum
suae
arbitrium
voluntatis
facere
quicquid
desideriis
ejus
occurreret
,
quandoque
&
frequentius
quandó
sibi
expositae
&
declaratae
fuerant
leges
regni
sui
per
Justitiarios
,
&
alios
de
Concilio
suo
,
&
secundum
leges
illas
petentibus
justitiam
exhiberet
,
dixit
expresse
vultu
austero
,
&
protervo
,
quod
leges
suae
erant
in
ore
suo
,
&
aliquotiens
in
pectore
suo
,
&
quod
ipse
solus
possit
mutare
,
&
condere
leges
regni
sui
;
&
opinione
illa
seductus
quampluribus
de
ligeis
suis
justitiam
fieri
non
permisit
,
sed
per
minas
&
terrores
quamplures
à
prosecutione
communis
justitiae
cessare
coegit
.
17
Item
,
Quod
postquam
in
parliamento
suo
certa
statuta
erant
edita
,
quae
semper
ligarent
donec
authoritate
alicujus
alterius
Parliamenti
fuerint
specialiter
revocata
,
Idem
Rex
cupiens
tanta
libertate
gandere
,
quod
nulla
hujusmodi
statuta
ipsum
adeo
ligarent
quin
posset
facere
,
&
exequi
secundum
suae
arbitrium
voluntatis
,
prout
non
potuit
,
procuravit
subtiliter
talem
petitionem
in
parliamento
suo
pro
parte
Communitatis
regni
sui
porrigi
,
&
sibi
concedi
in
genere
,
quod
posset
esse
adeo
liber
sicut
aliquis
progenitorum
suorum
extitit
ante
eum
,
quarum
petitionis
&
concessionis
colore
frequentius
mandavit
,
&
fecit
idem
Rex
quamplura
fieri
contra
statutae
hujusmodi
minime
revocata
;
veniendo
expresse
&
s●ienter
contra
juramentum
suum
in
coronatione
sua
praestitum
ut
praefertur
,
prout
inferius
declaratur
.
18
Item
,
Licet
statutum
fuit
&
ordinatum
quod
nullus
Vicecomes
officium
suum
occuparet
continue
ultra
annum
unum
,
sed
trienulum
laberetur
antequam
ad
officium
illud
admitteretur
de
novo
;
Idem
Rex
Richardus
quandoque
pro
suo
commodo
singulari
,
&
quandoque
ad
prosecutionem
aliorum
pro
eorum
commodo
&
utilitate
,
quosdam
Vicecomites
stare
▪
&
remanere
permisit
&
fecit
in
eorum
officiis
continue
aliquotiens
per
biennium
,
&
aliquotiens
per
triennium
,
contra
tenorem
&
effectum
statuti
praedicti
,
perjurium
incurrendo
;
&
hoc
est
notorium
,
pub●cum
,
&
●amosum
.
19
Item
,
Licet
de
statuto
,
&
consuetudine
regni
sui
in
convocatione
cujuslibet
Parliamenti
populus
suus
in
singulis
comitatibus
regni
debeat
esse
liber
ad
eligendum
&
deputandum
milites
pro
hujusmodi
comitatibus
ad
interessendum
Parliamento
,
20
Item
,
Idem
Rex
ut
liberius
adimplere
,
&
sequi
posset
in
singulis
suae
arbitrium
voluntatis
,
illicite
fecit
,
&
mandavit
,
quod
Vicecomites
per
totum
regnum
suum
,
ultra
antiquum
&
solitum
juramentum
jurarent
quod
omnibus
mandatis
suis
,
sub
magno
,
&
privato
sigillo
suis
,
ac
etiam
literis
sub
signeto
suo
quotiescunque
eis
directae
fuerint
,
obedirent
,
&
in
casu
quo
iidem
Vicecomites
scire
poterant
aliquos
de
ballivis
suis
,
cujuscunque
conditionis
fuerint
,
aliquod
malum
dicere
sive
loqui
publice
,
vel
o●●dite
,
quod
●edire
possit
in
dedecus
,
aut
scandalum
personae
re●iae●
ipsus
arestarent
vel
arestari
facerent
,
&
prisonae
mancipari
,
in
eadem
salvo
custodiendos
donec
aliud
à
Rege
habuerint
in
mandatis
,
prout
reperiri
poterit
de
record●
.
Quod
quidem
factum
posset
verisimiliter
tendere
ad
destructionem
quorumcunque
ligeutum
dicti
regni
.
21
Item
,
Idem
Rex
nitens
subpeditare
populum
suum
,
&
bona
sua
subtiliter
sibi
adquirere
ut
divitiis
superfluis
habundaret
,
induci
fecit
populum
de
xvij
.
comitatibus
regni
ad
submittendum
se
Regi
tanquam
proditores
per
literas
sub
figillis
eorum
,
cujus
colore
obticuit
magnas
summas
pecuniarum
sibi
concedi
per
clerum
&
populum
comitatuum
eorundem
pro
benevolentia
Regis
captanda
.
Et
quamvis
ad
placendum
populo
idem
Rex
fecerat
eis
restitui
literas
illas
obligatorias
,
tamen
procuratores
ipsius
populi
babentes
plenatiam
potestatem
eis
concessam
ad
obligandum
se
&
haeredes
suos
dicto
Regi
,
idem
Rex
fecit
obligari
sibi
sub
sigillis
eorum
nomine
ejusdem
populi
;
sicque
decepit
populum
suum
,
&
bona
eorum
subtiliter
extorquebat
ab
eis
.
22
Item
,
Quamvis
idem
Rex
in
coronatione
sua
juraverit
de
servando
libertates
ecclesiae
,
Anglioana
concessas
▪
tamen
dictus
Rex
ratione
viagii
sui
in
terram
,
Hiberniae
faciendi
quampluribus
viris
religiosis
videlicet
.
Abbatibus
&
Prioribus
regni
sui
per
literas
ejus
districtè
praecipiendo
mandavit
,
ut
eorum
aliqui
certos
equos
,
&
aliqui
eorundem
non
solum
equos
,
sed
etiam
quadrigas
sive
charectas
,
alioquin
magnas
pecuniarum
summas
eidem
Regi
pro
dicto
viagio
suo
transmitte●●nt
in
eisdem
literis
expressatas
,
per
quem
modum
scribendi
plures
hujusmodi
Religiosos
metu
ductos
artavit
ad
complendum
voluntatem
&
praeceptum
ipsius
Regis
,
uni●e
gravite●
depauperati
fuerant
&
oppressi
in
derogationem
libertatis
ecclesiasticae
manifestam
,
Cujus
prae●
dictus
Rex
Ricardiu
perjuritu●
incurrebat
.
23.
Item
,
In
pluribus
magnis
●oncilius
reg●
quando
Domini
regni
,
Justiciarii
&
alii
one●ati
fuerant
ut
fideliter
consulerent
Regi
in
tangentibus
statum
suum
&
regni
sui
,
iidem
Domini
Justiciarii
&
alii
frequentius
in
dando
consilium
juxta
discretionem
suam
fuerant
per
Regem
subito
&
tam
acriter
increpati
&
reprobati
,
quod
non
essent
ausi
dicere
pro
statu
Regis
&
regni
in
consiliis
suis
dandis
veritatem
.
24
Item
,
Thesaurum
coronas
Feliquias
&
alia
●ocaliu
videlicet
bona
regni
,
quae
ab
antiquo
dimissa
fuerant
in
archivis
regni
pro
honore
Regis
&
conservatione
regnisui
in
omnem
eventum
,
praefatus
Rex
exiens
regnum
suum
versus
Hiberniam
,
abstulit
&
secum
deferri
fecit
sine
consensu
statuum
regni
,
unde
regnum
illud
fuisset
valde
depauperatum
nisi
de
recaptione
bonorum
hujusmodi
contra
voluntatem
dicti
Regis
Deus
aliter
providisset
;
&
praeterea
rotulus
recordorum
statum
&
gubernationem
regni
sui
tangentium
praedictus
Rex
deleri
&
abradi
fecit
in
magnum
praejudicium
populi
&
exhaeredationem
Coronae
regni
praedicti
,
&
ut
verisimiliter
creditur
in
favorem
&
sustentationem
sui
mali
regiminis
.
25
Item
,
Idem
Rex
consuevit
quasi
continue
esse
adeo
variabilis
,
&
dissimilans
in
verbis
,
&
in
scripturis
suis
,
&
omnino
contrarius
sibi
ipsi
&
specialiter
in
scribendo
Papae
&
Regibus
&
aliis
Dominis
extra
regnum
,
&
infra
ac
etiam
&
aliis
subditis
ejus
,
quod
quam
nullus
vivens
habens
notitiam
suae
conditionis
hujusmodi
poterit
aut
velit
de
eo
confidere
,
ymmo
reputatui
adeo
infidelis
&
inconstans
,
quod
cedit
ad
scandalum
non
solum
personae
suae
,
set
etiam
torius
regni
,
&
potissime
apud
extraneos
totius
orbis
inde
no●tiam
optinentes
.
26
Item
,
Licet
terrae
&
tenementa
,
bona
&
catalla
cujuscunque
liberi
hominis
per
leges
regni
ab
omnibus
retroactis
temporibus
usitatas
capi
non
debeant
nisi
fuerint
forisfacta
,
nichilominus
dictus
Rex
proponens
&
satagens
leges
hujusmodi
enervare
,
in
praesentia
quamplurium
Dominorum
&
aliorum
de
communitate
regni
frequenter
dixit
&
affirmavit
,
quod
vita
cujuscunque
li●
sui
as
ipsius
terrae
,
nenomenta
bona
&
catalla
sunt
●ua
ad
voluntatem
suam
absque
aliqua
foris
actum
.
Quod
est
omnino
contra
leges
&
consuetudines
regni
sui
supradicti
.
27
Item
,
Quamvis
statutum
fuerit
&
ordinatum
,
ac
etiam
hactenus
confirmatum
,
quod
nullus
liber
homo
capiatur
,
&c.
nec
quod
aliq●
modo
destruatur
,
nec
quod
Rex
supereum
ibit
nec
super
eum
mitter
,
nisi
per
legale
judicium
parium
suorum
,
vel
per
legem
terrae
,
tamen
de
voluntate
,
mandato
&
ordinatione
dicti
Regis
,
quamplures
ligeorum
suorum
malitiose
accusati
super
eo
,
quod
debuissent
aliquid
dixisse
publice
vel
occulte
quod
cedere
poterit
ad
vituperium
,
scandalum
seu
dedecus
personae
dicti
Regis
,
fuerant
capti
&
imprisonati
,
&
ducti
coram
Constabulario
,
&
Mateschallo
Anglia
in
Curia
militari
,
in
qua
Curia
dicti
ligei
accusati
,
ad
aliud
responsum
admitti
non
poterant
,
nisi
respondendo
se
in
nullo
fore
culpabiles
,
&
per
eorum
corpora
,
&
non
aliter
,
se
justificarent
,
&
defenderent
,
non
obstante
quod
accusatores
,
&
appellatores
eorum
essent
juvenes
,
fortes
&
sani
,
&
illi
accusati
senes
&
impotentes
,
mutulati
vel
infirmi
;
unde
non
solum
destructio
Dominorum
&
Magnatum
regni
,
set
etiam
omnium
&
singularum
personarum
communitatis
ejusdem
regni
verisimiliter
sequi
posset
.
Cum
igitur
Rex
praedictus
hujusmodi
regni
sui
statuto
voluntatie
contravenerit
,
non
est
dubium
quin
proinde
perjurium
incurrebat
.
28.
Item
,
Q●amvis
populus
regni
Angliae
vigore
ligeanciae
suae
satis
pleno
Regi
suo
teneatur
,
&
astringatur
●●seque
Rex
populum
suum
si
quovis
modo
deliquerit
,
per
leges
&
consuetudines
regni
sui
corrigere
valeat
&
punire
;
ramen
dictus
Rex
cupiens
suppeditare
,
ac
nimis
opprimero
popolum
suum
,
ut
liberius
exequi
,
&
sequi
valcret
sua
●ptae
&
illicitae
voluntatis
arbitrium
,
per
literas
suas
ad
omnes
Comitatus
regni
sui
directè
indixit
etiam
&
mandavit
,
ut
ligei
sui
quicunque
tam
Spirituales
quam
Temporales
certa
juramenta
praestarent
in
genere
quae
eis
fuerant
nimium
onerosa
,
quaequa
verisimiliter
causare
possent
destructionem
finalem
populi
sui
,
&
quod
sub
literis
&
sigillis
eorum
juramenta
hujusmodi
roborarent
.
Cui
quidem
mandato
regio
populus
regni
sui
paruit
&
obedivit
,
ne
ipsius
indignationem
incurreret
aut
o●●eniam
,
ac
etiam
metu
mortis
.
29
Item
,
Cum
partes
in
foro
ecclesiastico
,
in
causis
mere
Ecclesiasticis
&
Spiritualibus
litigantes
,
prohibitiones
regias
ad
impediendum
processum
legitimum
in
eisdem
à
Cancellario
Angliae
impetrare
laborassent
,
&
idem
Cancellarius
ex
justitia
ad
hoc
rescribere
recusasset
;
idem
tamen
Rex
per
literas
sub
signeto
suo
judicibus
ecclesiasticis
hujusmodi
frequenter
districte
prohibuit
,
ne
in
causis
hujusmodi
procederent
,
libertates
ecclesiasticas
in
magna
carta
approbatas
ad
quas
conservandas
juratus
extiterat
,
nequiter
infringendo
,
perjurium
&
sententiam
ex
communicationis
contra
hujusmodi
violatores
à
sanctis
Patribus
latam
,
dampnabiliter
incurrendo
.
30
Item
,
Dictus
Rex
Dominum
Thomam
de
Arundell
Archiepiscopum
Cantuariensem
,
totius
Angliae
Primatem
,
patrem
suum
Spiritualem
,
in
Parliamento
suo
viris
armatis
hostili
more
vallato
tunc
de
callido
Consilio
dicti
Regis
se
absentantem
,
absque
causa
rationabili
,
seu
legitima
quacunque
seu
alio
juris
processo
contra
leges
regni
sui
per
ipsum
ut
praefertur
juratas
,
in
exilium
perpetuum
adjudicavit
.
31
Item
,
Per
inspectionem
testamenti
dicti
Regis
sub
magno
&
privato
sigillis
suis
&
signeto
signati
,
inter
caetera
continetur
haec
clausula
sive
articulus
.
ITEM
volumus
quod
auri
nostri
residuum
,
solutis
tamen
nostrorum
hospicii
,
camerae
,
&
garderobae
veris
debitis
,
ad
quae
persolvenda
legamus
viginti
milia
libratum
,
reservatis
,
executoribus
nostris
quinque
vel
sex
milibus
marcarum
,
quas
pro
uberiori
sustentatione
leprosorum
ac
capellanorum
eoram
eis
celebraturorum
per
nos
apud
Westmonast
.
&
Bermonde●eyd
ordinatorum
,
volumus
per
dictos
executores
nostros
expendi
,
nostro
remaneat
successori
,
dum
tamen
omnia
&
singula
statuta
,
ordinationes
,
stabilimenta
&
judicia
in
Parliamento
nostro
decimo
septimo
die
Mensis
Septembr
.
anno
Regni
v●cesimo
primo
apud
Westmonast
inchoato
,
&
in
eodem
Parliamento
ui
que
Salopiam
continuato
&
ibidem
tento
,
facta
,
lata
&
reddita
,
necnon
omnia
ordinationes
&
judicia
ac
stabilimenta
decimo
sexto
die
Septembr
.
anno
regni
vicesimo
secundo
apud
Coventriam
postmodum
apud
Westmon
;
decimo
octavo
die
Marcii
anno
praedicto
,
auctoritate
ejusdem
Parliamenti
facta
,
habita
&
reddita
,
ac
etiam
omnia
alia
ordinationes
&
judicia
quae
autoritate
ejusdem
parliamenti
in
futurum
contigerit
fieri
,
approbet
,
ratificet
,
&
confirmet
,
teneat
,
&
teneri
faciat
,
ac
firmiter
observet
;
alioquin
si
praedictus
successor
noster
praemissa
facere
nolu●rit
,
vel
recusaverit
,
quod
non
credimus
,
volumus
quod
Thomas
Dux
Surriae
,
Edwardus
Dux
Daumarle
,
Johannes
Dux
Exomae
&
Willielmus
Lescrop
Comes
Wilteshirae
,
solutis
prius
debitis
nostrorum
hospitii
,
camerae
,
&
garderobae
,
reservatis
quinque
vel
sex
milibus
marcarum
ut
supra
pro
hujusmodi
itatutorum
,
stabilimentorum
,
ordinationum
,
&
judiciorum
sustentatione
,
&
defensione
,
secundum
eorum
posse
,
etiam
usque
ad
mortem
si
oporteat
,
residuum
habeant
&
teneant
memoratum
;
super
quibus
omnibus
&
singulis
eorum
conscientiat
prout
su
die
judicii
respondere
voluerint
oneramus
.
Per
quem
quidem
articulum
satis
constare
poterit
evidenter
,
quod
idem
Rex
illa
statuta
,
&
ordinationes
,
qu●
sunt
erronea
,
&
iniqua
,
&
omni
juri
&
rationi
repugriantia
pertinaciter
man●tenere
,
&
defendere
●●tebatur
,
non
tam
in
vita
quam
su
morte
,
nec
de
animae
suae
periculo
,
nec
de
dicti
regni
sui
,
seu
ligeorum
suorum
ultima
destructione
e●rando
.
32
Item
,
Anno
undecimo
dicti
Regis
Richardi
,
idem
Rex
in
capella
mane●●
sui
de
Langley
,
in
presentia
Ducum
Lancastriae
&
Eborum
,
ac
aliorum
quamplurium
Dominorum
personaliter
constitutus
,
cupiens
,
ut
apparuit
,
ut
ejus
avunculus
Dux
Gloucestri●
tunc
ibidem
praesons
de
ipsius
Regis
beneplacito
plene
confideret
ad
venerabile
corporis
Dominici
Sacramentum
ibidem
super
altare
repositum
sua
sponte
juravit
,
quod
eidem
Duci
Gloucestriae
pro
aliquibus
factis
ejus
quae
contra
personam
ipsius
Regis
dicebantur
esse
commissa
nunquam
extunc
inferret
dampnum
aliquod
vel
gravamen
,
set
omnem
offensam
illius
,
si
qua
fuerat
,
hillariter
,
&
ex
integro
sibi
remisit
.
Postea
tamen
juramento
hujusmodi
non
obstante
,
dictus
Rex
praefatum
Ducem
pro
sic
praetensis
offensis
horribiliter
&
crudeliter
murdrari
fecit
,
reatum
perjurii
dampnabiliter
incurrendo
.
33
Item
,
Postquam
unus
de
militibus
Comitatuum
dicti
regni
,
vocem
habens
corum
in
Parliamento
,
dictum
Dominum
Thomam
Archiepiscopum
Cantuariensem
super
certis
defectibus
contra
regiam
majestatem
,
ut
minus
veraciter
asserebatur
commissis
,
impetiit
publice
coram
Rege
&
omnibus
statibus
regni
,
Quamquam
idem
Archiepiscopus
statim
tunc
ibidem
optulit
se
paratum
ad
respondendum
hujusmodi
sibi
impositis
,
&
ad
hoc
petierit
se
admitti
per
Regem
,
satis
plene
confisus
,
ut
dixit
,
se
posse
suam
in
ea
parte
innocentiam
declarare
,
idem
tamen
Rex
machina●s
viis
&
modis
quibus
poterat
eundem
Archiepiscopum
Cantuariensem
opprimere
&
in
nichilum
redigere
statum
ejus
,
prout
tandem
rei
exitus
declaravit
,
benigne
ac
hillari
vultu
Archiepiscopum
alloquens
in
sede
sua
regali
,
consuluit
&
attente
rogavit
eundem
Archiepiscopum
,
quod
illa
vice
taceret
tempus
ad
hoc
magis
aptum
&
congruum
expectando
:
Quo
die
lapso
de
die
in
diem
bene
per
quinque
dies
&
amplius
Rex
praefatus
ipsum
Archiepiscopum
fraudulenter
&
dolose
decepit
,
consulens
&
suadeus
quod
non
veniret
ad
Parliamentum
,
set
apud
hospitium
suum
intrepidus
expectaret
,
quoniam
,
ut
idem
Rex
fideliter
sibi
promisit
,
in
ipsius
Archiepiscopi
absentia
nullum
sibi
dobelet
inferri
dispendium
vel
gravamen
:
Ver●tamen
dictus
Rex
in
suo
Parliamento
praedicto
ipsum
Archiepiscopum
ut
praefertur
absentem
,
ac
ad
responsum
suum
nullo
modo
vocatum
,
absque
quacunque
causa
rationabili
adjudicavit
in
exilium
,
ad
ipsius
Regis
beneplacitum
duraturum
,
omnia
bona
sua
contra
leges
regni
ac
omnem
justiciam
voluntarie
confiscando
,
cujus
praetextu
perjurium
incurrebat
.
Volens
praeterea
dictus
Rex
suam
in
ea
parte
versutiam
palliare
,
per
ipsius
blanda
colloquia
cum
dicto
Archiepiscopo
frequentius
habita
,
tantam
sibi
illatam
injuriam
à
se
prorsus
excutere
nitebatur
,
&
ad
aliorum
facta
transferre
;
unde
dictus
Archiepiscopus
habens
cum
eodem
Rege
&
cum
Duce
Norfolciae
,
&
aliis
Dominis
&
magnatibus
dicti
regni
colloquium
,
dixit
aliqualiter
lamentando
,
quod
ipse
non
erat
primus
qui
exilium
pertulit
,
nec
erit
novissimus
,
quia
purabat
quod
infra
breve
dictus
Dux
Norfolciae
&
alii
Domini
ipsum
Archiepiscopum
fequerentur
,
&
constanter
asseruit
dicto
Regi
quod
omnium
praemissorum
asperitas
in
caput
ipsius
Regis
debeat
finaliter
retorqueri
;
Ad
quod
idem
Rex
vultu
demisso
acsi
inde
fuisset
attonitus
,
incontinenti
respondit
,
quod
bene
putabat
illud
accidere
posse
,
quodque
per
ligeos
suos
à
regnosuo
deberet
expelli
;
Et
ulterius
dixit
idem
Rex
,
quod
si
illud
forsan
acciderit
,
vellet
ad
locum
ubi
idem
Archiepiscopus
fuerit
se
conferre
;
Et
ut
dictus
Archiepiscopus
huic
assertioni
fidem
adhiberet
in
dubium
,
ostendit
idem
Rex
Archiepiscopo
memorato
quoddam
magnum
auri
monile
juxta
fimbrium
tunicae
dicti
Regis
subtus
vestem
e●●●
exteriorem
miro
modo
firmatum
,
intimans
eidem
Archiepiscopo
pro
constanti
,
quod
cum
illud
monile
sibi
pro
intersigno
transmitteret
,
non
differret
illu●
venire
ubi
dictus
Archiepiscopus
moraretur
;
Et
ut
idem
Archiepiscopus
majorem
haberet
materiam
confidendi
in
eo
,
misit
ipse
Rex
praefato
Archiepiscopo
,
consulens
sibi
quod
omnia
jucalia
sua
&
alia
ad
Capellam
suamspectantia
dicto
Regi
secrete
transmitteret
pro
salva
custodia
eorundem
,
ne
colore
dicti
judicii
super
ipsius
exilio
redditi
quisquam
ad
bona
praedicta
manus
injuriosas
apponeret
;
Quo
sub
maxima
confidentia
facto
,
praefatus
Rex
bona
hujusmodi
visa
per
eum
in
quibusdam
coffris
reponi
fecit
,
&
costras
illas
ferari
,
ac
per
unum
de
clericis
ipsius
Archiepiscopi
sigillari
.
Retentisque
penes
illum
hujusmodi
coffris
,
claves
earum
per
eundem
clericum
Archiepiscopo
memorato
remisit
;
Et
postmodum
coffras
illas
dicto
Archiepiscopo
hoc
penitus
ignorante
frangi
mandavit
,
&
debonis
hujusmodi
mox
disposuit
pro
suae
libito
voluntatis
.
Promisit
etiam
idem
Rex
fideliter
dicto
Archiepiscopo
,
quod
si
pararet
se
ad
portum
de
Hampton
ut
regnum
exiret
,
saltem
intercessione
Reginae
protinus
revocaret
eundem
,
Et
si
contigerit
ipsum
Archiepiscopum
regnum
exire
,
citra
Pascha
proximo
extunc
sequens
sine
falso
rediret
in
Angliam
,
neque
suum
Archiepiscopum
amitteret
ullo
modo
;
&
hoc
fideliter
promisit
jurando
super
crucem
dudum
sancti
Thomae
Martyris
Cantuariensis
Archiepiscopi
per
ipsum
Regem
corporaliter
tactam
.
Quibus
promissionibus
non
obstantibus
,
idem
Rex
dictum
Archiepiscopum
regnum
exire
coegit
,
&
statim
ad
sedem
Apostolicam
pro
ipsius
translatione
transmisit
literas
speciales
,
sicque
&
alias
per
fraudes
&
dolositates
dicti
Regis
erat
idem
Archiepiscopus
ut
homo
bonae
fidei
callide
circumventus
.
Et
quoniam
videbatur
omnibus
statibus
Regni
superinde
singillatim
ac
eciam
communiter
interrogatis
▪
quod
illae
causae
criminum
&
defectuum
erant
satis
sufficientes
&
notoriae
ad
deponendum
eundem
Regem
,
attenta
eciam
sua
confessione
super
ipsius
insufficientia
&
aliis
in
dicta
renunciatione
&
cessione
conrentis
patenter
emissa
,
omnes
status
praedicti
unanimiter
consenserunt
,
ut
ex
habundanti
ad
depositionem
dicti
Regis
procederetur
pro
majori
fecuritate
&
tranquillitate
populi
ac
regni
commodo
faciendam
▪
unde
status
&
communitates
praedicti
certos
Commissarios
,
videlicet
Episcopum
Assav
,
Abbatem
Glas●onia●
●omitem
Gloucestriae
,
Dominun●
de
Berkeley
,
Tho●am
Erpyngham
&
Tho●am
Grey
Milite●
,
&
Willielmum
Thirnyng
Justiciarium
,
unanimiter
&
concorditer
constituerunt
&
deputarunt
publice
tunc
ibidem
,
ad
le●endum
sententiam
depositionis
hujusmodi
,
&
ad
deponendam
eundem
Richardum
Regem
ab
omni
dignitate
,
majestate
&
honore
regiis
,
vice
,
nomine
&
auctoritate
omnium
statuum
praedictorum
;
prout
in
consimilibus
casibus
de
antiqua
consuetudine
dicti
regni
fuerat
observatum
.
Et
mox
iidem
Commissarii
onus
Commissionis
hujusmodi
in
se
assumentes
&
ante
dictam
sedem
regalem
pro
tribunali
sedentes
,
praehabita
super
hus
deliberatione
aliquali
,
hujusmodi
depositionis
sententiam
in
scriptis
redactam
vice
nomine
&
auctoritate
praedictis
tulerunt
,
&
per
dictum
Episcopum
Ass●v●●
.
Commissarium
&
Collegam
suum
eandem
sententiam
de
ipsorum
Commissariorum
voluntate
&
mandato
legi
&
recitari
fecerunt
,
in
haec
verba
.
IN
DEI
NOMINE
,
Amen
.
Nos
Johannes
Episcopus
Assivens
.
Johannes
Abbas
Glastoniae
,
Thomas
Comes
Gloucestriae
,
Thomas
Dominus
de
Berkely
,
Thomas
de
Erpyngham
,
&
Thomas
Gray
milites
,
ut
Willielmus
Thyming
Justiciarius
,
per
Pares
&
Proceres
regni
Angliae
,
Spirituales
&
Temporales
,
&
ejusdem
regni
Communitates
,
omnes
status
ejusdem
regni
repraesentantes
,
Commissuri●
ad
infrascripta
specialiter
deputati
,
pro
Tribuna●●
sedentes
,
atte●tis
perjuriis
multiplicibus
a●
crudelitate
aliisque
quampluribus
criminibus
dicti
Richardi
circa
regimen
suum
in
regnis
&
dominio
supradictis
pro
tempore
sui
regimnas
commissis
&
perpetra●is
,
ac
coram
dictis
statibus
pa●
&
publice
propositis
,
exhibitis
&
recitatis
,
quae
ad●
fuerunt
&
sunt
publica
,
notoria
,
manifesta
&
famosa
quod
nulla
poterant
aut
possunt
●ergiversatione
celari
,
Necnon
confessione
praedicto
Richardi
recognoscen●i●
&
〈…〉
scit●tia
sua
judicanti●
se
fuisse
&
esse
〈…〉
&
●inii
praedictorum
&
pertinentium
corundem
,
ac
propter
sua
domorita
notoria
non
immerito
deponendum
per
ipsum
Richardum
prius
emissa
,
ac
de
voluntate
&
mandato
suis
coram
dictis
statibus
publicata
,
eisque
notificatae
&
exposita
in
vulgari
;
praehabita
super
hiis
&
omnibus
in
ipso
negotio
actitatis
coram
statibus
antidictis
&
●obis
deliberatione
diligenti
,
vice
,
nomine
&
auctoritate
:
●is
in
hac
parte
commissa
,
ipsum
Richardum
ex
habundanti
,
&
ad
cautelam
ad
regimen
&
gubernationem
dictorum
regnorum
&
dominii
juriumque
&
pertinentium
eorundem
fuisse
&
esse
inutilem
,
inhabilem
,
insufficientem
penitus
&
indignum
,
ac
propter
praemissa
&
eorum
pretextu
ab
omni
dignitate
&
honore
regiis
,
si
quid
dignitatis
&
honoris
hujusmodi
in
eo
remanserit
,
Volentes
autem
praeterea
dicti
status
ut
nichil
desit
quod
valeat
aut
debeat
circa
praemissa
requiri
,
superinde
singillatim
interrogati
,
personas
easdem
prius
per
Commissarios
nominatos
constituerunt
Procuratores
suos
conjunctim
&
divisim
ad
resignandum
&
reddendum
dicto
Regi
Richardo
homagium
&
fidelitatem
prius
sibi
facta
,
&
ad
praemissa
omnia
hujusmodi
depositionem
&
renunciationem
tangentia
,
si
oportuerit
,
intimanda
.
ET
CONFESTIM
ut
constabat
ex
praemissis
&
eorum
occasione
regnum
Angliae
cum
suis
pertinentiis
vacare
,
praefatus
Henricus
Dux
Lancastria
de
loco
suo
surgens
,
&
stans
adeo
erectus
quod
satis
intueri
posset
à
populo
&
muniens
se
humiliter
signo
crucis
in
fronte
&
in
pectore
suo
,
Christi
nomine
primitus
invocato
,
dictum
regnum
Anglia
sic
ut
praemittitur
vaca●s
,
una
cum
Corona
ac
omnibus
membris
&
pertinentiis
suis
vindicavit
in
lingua
materna
,
sub
hac
forma
verborum
.
In
the
name
of
Fader
,
Sonne
and
holy
Ghost
;
I
Henry
of
Lancastre
chalenge
this
Rewine
of
Ynglonde
and
the
Croune
,
with
all
the
membres
and
the
appurtenances
,
als
I
that
am
descendit
be
ryght
lyne
of
the
blode
comyng
fro
the
gude
Lorde
King
Henry
therde
,
and
thorghe
that
ryght
that
God
of
his
grace
hath
sent
mee
,
with
helpe
of
my
kyn
,
and
of
my
frendes
to
recover
it
;
the
whiche
Rewme
was
in
poynt
to
be
ondone
for
defaut
of
governance
,
and
undoyng
of
the
gude
Lawes
.
Post
quam
quidem
vindicationem
&
clameum
,
tam
Domini
Spiriuales
quam
Temporales
,
&
omnes
status
ibidem
praesentes
singillatim
&
communiter
interrogari
quid
de
illa
vindicatione
&
clameo
sentiebant
?
iidem
status
cum
toto
populo
absque
quacunque
difficultate
vel
mora
,
ut
Dux
praefatus
super
eos
regnaret
,
unanimiter
consenserunt
.
Et
statim
ut
idem
Rex
ostendit
statibus
regni
signetum
Ricardi
Regis
sibi
pro
intersigno
traditum
suae
voluntatis
,
ut
praemittitur
,
expressivum
,
praefatus
Archiepiscopus
dictum
Henricum
Regem
per
manum
dextram
apprehendens
duxit
eum
ad
sedem
regalem
praedictam
;
Et
postquam
idem
Rex
coram
dicta
sede
genu
flexus
parumper
orasset
,
idem
Archiepiscopus
Cantuariensis
,
assistente
sibi
Archiepiscopo
E●orum
praedicto
,
dictum
Regem
posuit
&
sedere
fecit
in
sede
regali
praedicta
▪
populo
prae
nimio
gaudio
fortiter
applaudente
;
Et
mox
dictus
Archiepiscopus
Cantuariensis
,
vix
facto
silentio
propter
gaudium
omnium
circumstantium
,
collationem
modicam
fecit
&
protulit
,
in
haec
verba
.
VIR
DOMINABITUR
POPULO
,
Reg.
ix
.
c.
Haec
sunt
verba
summi
Regis
loquentis
ad
Samuelem
,
&
docentis
eundem
qu●lem
deberet
instituere
ad
gubernandum
populum
,
quando
potebat
sibi
dari
Regem
populus
ille
,
&
non
inepte
de
Domino
nostro
Rege
moderno
dici
possunt
:
quae
verba
si
intime
considerentur
praebent
nobis
materiam
magnae
consolationis
.
Non
enim
Deus
nobis
comminatur
sicut
quondam
per
Ysai
.
comminabatur
populo
dicens
,
Ysai
.
3.
Dabo
pueros
Principes
eorum
,
set
ex
sua
misericordia
,
qui
cum
irascitur
misericordiae
recordatur
,
visitavit
plebem
suam
,
&
non
modo
,
ut
prius
fuerat
in
regno
,
pueri
dominabuntur
,
set
dicit
dominus
vobis
,
quod
Vir
dominabitur
populo
.
Poterat
enim
de
Rectoribus
istius
regni
sive
eorum
quolibet
praeteritis
in
persona
parvuli
non
inconvenienter
dici
illud
Apostoli
,
Cor.
13.
Cum
essem
parvulus
loquebar
ut
parvulus
,
sapiebam
ut
parvulus
,
cogitabam
ut
parvulus
:
ecce
,
ter
dicit
Apostolus
,
loquebatur
ut
parvulus
,
sapiebat
,
&
cogitabat
.
Quantum
ad
loquelam
,
certum
est
quod
parvulus
inconstans
est
in
loquendo
,
faciliter
vera
loquitur
,
faciliter
falsa
,
faciliter
verbo
promittit
,
set
quod
promittit
cito
obliviscitur
;
haec
enim
sunt
inconvenientia
&
nimis
moleste
regno
,
nec
possibile
est
regnum
feliciter
stare
ubi
hae
conditiones
regnant
;
set
ab
istis
defectibus
liberatur
regnum
cum
vir
dominatur
,
ad
virum
namque
pertinet
circa
linguam
servare
custodiam
.
Modo
autem
non
puer
dominatur
set
vir
,
do
quo
spero
dici
potest
illud
Eccl.
ix
.
Beatus
vir
qui
non
est
lapsus
in
lingua
.
Post
inquit
Apostolus
,
sapiebam
ut
parvulus
;
parvulus
enim
non
sapit
nisi
placentia
&
adulatoria
,
arguentem
secundum
veritatem
non
diligit
,
ymmo
odit
supra
modum
.
Quondam
autem
veritus
fuerat
subpeditata
ut
nullus
auderet
loqui
;
satis
constat
,
&
per
hoc
patet
,
quod
ille
qui
regnabat
sapiebat
ut
parvulus
,
vir
enim
non
sapit
talia
,
set
sapientiam
,
unde
per
Dei
gratiam
dici
poterit
de
isto
viro
quod
scribitur
Eccl.
ix
.
Beatus
vir
qui
in
sapientia
morabitur
;
sicut
enim
puer
diligit
vanitatem
,
ita
vir
sapit
veritatem
&
sapientiam
;
veritas
ergo
intrabit
,
adulatio
recedat
,
quae
tot
mala
in
regno
nostro
fecerunt
,
quia
vir
dominabitur
populo
,
qui
veritatem
sapit
,
non
qui
vanitatem
vel
adulationem
.
Tertio
dicitur
,
Cogitabam
ut
parvulus
,
parvulus
enim
solum
studet
facere
omnia
voluntarie
non
ex
ratione
,
cum
igitur
puer
regnat
voluntas
sola
regnat
,
ratio
e●ulat
;
ubi
vero
voluntas
regnat
&
ratio
recessit
▪
constantia
fugata
est
,
&
ita
imminet
magnum
periculum
;
ab
isto
periculo
liberati
sumus
,
quia
vir
dominabitur
,
ille
scilicet
qui
dicit
non
sicut
parvulus
set
sicut
ratione
perfectus
,
Non
veni
facere
voluntatem
meam
,
set
ejus
qui
misit
me
,
scilicet
Dei
;
&
ideo
de
viro
isto
non
solum
dicemus
quod
in
sapientia
morabitur
,
set
eciam
ut
vir
&
non
ut
puer
in
sensu
cogitabit
circumspectionem
Dei
,
id
est
circumquaque
diligenter
aspicit
ut
Dei
voluntas
non
sua
fiat
,
&
ita
loco
pueri
voluntarie
lascivientis
,
vir
modo
dominabitur
in
populo
,
&
iste
vir
est
talis
quod
dicetur
,
Regnabit
Rex
&
sapiens
erit
,
&
faciet
judicium
&
justitium
interra
.
Qua
collatione
completa
,
dictus
Dominus
Rex
Henricus
ad
ponendum
suorum
subditorum
animos
in
quiete
,
dixit
publice
tunc
ibidem
haec
verba
.
Sires
,
I
thank
God
and
yowe
Spirituel
and
Temporel
,
and
all
the
estates
of
the
Lond
,
and
do
yowe
to
wyte
,
it
es
noght
my
will
that
no
man
thynk
that
be
waye
of
conquest
I
wold
disherit
any
man
of
his
heritage
,
franches
or
other
ryghts
that
hym
aght
to
have
,
to
put
him
out
of
that
that
he
has
,
and
has
had
by
the
gude
Lawes
and
Customes
of
the
Rewme
;
Except
thos
person●
that
has
been
agan
the
gude
purpose
,
and
the
common
profit
of
the
Rewme
.
Et
protinus
hoc
attento
quod
per
prius
vacante
sede
regali
per
cessionem
&
depositionem
praedictas
cessavit
omnis
potestas
quorumcunque
Justiciariorum
,
Vicecomitum
,
&
aliorium
Officiariorum
ubique
per
regnum
,
ne
exhibitio
justitiae
in
gravamen
populi
dilationis
incommodo
subjaceret
,
suos
officiarios
principales
ac
eciam
Justiciarios
deputavit
ibidem
juramento
consueto
Regi
praestito
per
singulos
eorundem
.
Et
fuit
ilico
de
dicti
Regis
mandato
publice
proclamatum
ibidem
,
quod
die
Lunae
proximo
post
festum
sancti
Michaelis
,
Parliamentum
ibidem
teneri
&
celebrari
deberet
;
quodque
die
Lunae
proximo
extunc
sequente
,
videlicet
in
festo
sancti
Edwardi
,
Coronatio
dicti
Regis
fieret
apud
Westmonasterium
,
&
quod
omnes
illi
qui
vendicare
voluerint
aliquod
servitium
se
in
dicta
Coronatione
facturos
,
&
eo
praetextu
aliquid
sibi
deberi
,
venirent
ad
Albam
aulam
palacii
coram
Senescallo
,
Constabulario
&
Marescallo
Angliae
,
die
Sabbati
proximo
ante
diem
Parliamenti
praedicti
,
quod
in
ea
parte
justum
fuerit
petituri
,
quibus
plena
justitia
fierit
in
petitis
.
Quantum
autem
ad
abbreviationem
assignationis
diei
Parliamenti
praedicti
,
fuerat
pro
parte
dicti
Regis
protestatio
talis
facta
,
videlicet
quod
non
erat
intentionis
suae
ut
statibus
regni
sui
praejudicium
afferatur
exinde
,
nec
quod
hoc
trahatur
de
caetero
in
exemplum
,
quinymmo
quod
abbreviatio
illa
fiebat
tantummodo
pro
commodo
&
utilitate
regni
,
&
specialiter
ut
quorumcunque
ligeorum
suorum
parcatur
laboribus
&
expensis
,
quodque
super
gravaminibus
populi
celere
possit
remedium
adhiberi
.
Quibus
omnibus
sic
peractis
,
Rex
desede
sua
regali
surgens
,
&
populum
vultu
hillari
&
benigno
respiciens
,
abinde
populo
congaudente
recessit
,
&
in
Alba
aula
praedicta
convivium
regni
Proceribus
ac
generosis
illuc
in
multitudine
maxima
congregatis
eodem
die
solempnissime
celebravit
.
ET
POSTMODUM
die
Mercurii
proximo
extunc
sequente
dicti
Procuratores
ut
praemittitur
deputati
,
ad
praesentiam
dicti
Richardi
nuper
Regis
infra
dictam
Turrim
existentis
,
prout
eis
injunctum
fuerat
,
accesserunt
,
&
praefatus
Dominus
Willielmus
Thirnyng
Justiciarius
,
pro
se
&
dictis
sociis
&
comprocuratoribus
suis
nomine
omnium
statuum
,
&
populi
praedictorum
admissionem
dictae
renunciationis
ac
modum
,
causam
&
formam
sententiae
depositionis
hujusmodi
eidem
Ricardo
notificavit
,
ac
plenius
declaravit
;
&
statim
homagium
&
fidelitatem
eidem
Ricardo
nuper
Regi
ut
praemittitur
facta
,
resignavit
&
reddidit
,
sub
hiis
verbis
.
Les
paroles
qe
William
Thirnyng
parla
a
monsire
Richard
nadgaires
Roy
d'
Engleterre
,
a
le
Toure
de
Londres
,
en
sa
Chambre
,
le
Mesqerdy
procheyn
apres
le
fest
de
Seint
Michell
larchaunchel
,
sensuent
.
SIRE
,
It
is
wele
knowe
to
yowe
;
that
ther
was
a
Parlement
somond
of
all
the
States
of
the
Reaume
for
to
be
at
Westmynstre
,
and
to
begynne
on
the
Tuesday
in
the
morne
of
the
fest
of
Seint
Michell
the
Archaungell
that
was
yesterday
;
by
cause
of
the
whiche
Sommons
all
the
States
of
this
lond
were
there
gadyrd
,
the
whiche
States
hole
made
thes
same
persones
that
ben
comen
here
to
yowe
now
her
Procuratours
,
and
gafen
hem
full
auctorite
and
power
,
and
charged
hem
for
to
say
the
wordes
that
we
sall
say
to
yowe
in
her
name
,
and
on
thair
behalve
;
that
is
to
wytten
,
the
Bysshop
of
Seint
Assa
for
Ersbisshoppes
and
Bisshoppes
;
the
Abbot
of
Glastenbury
for
Abbots
and
Priours
,
and
all
other
men
of
holy
Chirche
Seculers
and
Rewelers
,
the
Erle
of
Gloucestre
for
Dukes
and
Erles
,
the
Lord
of
Berkeley
for
Barones
and
Barnerettes
,
Sir
Thomas
Irpyngham
Chamberleyn
for
all
the
Bachilers
and
Commons
of
this
Lond
be
south
,
Sire
Thomas
Grey
for
all
the
Bachilers
and
Commons
by
north
,
and
my
Felawe
Johan
Markham
and
me
for
to
come
wyth
hem
for
all
thes
States
;
and
so
Syre
thes
wordes
and
the
doyng
that
we
sall
say
to
yowe
,
is
not
only●h
our
wordes
,
bot
the
wordes
and
the
doynges
of
all
the
States
of
this
Lond
,
and
our
charge
,
and
in
her
name
.
And
he
answered
and
said
,
that
he
wyst
wel●
that
we
wold
noght
say
,
but
as
we
were
charged
.
Sire
,
ye
remembre
yowe
wele
that
on
Moneday
in
the
fest
of
Seint
Michell
the
Archaungell
ryght
here
in
this
Chambre
,
and
in
what
presence
ye
renounsed
and
cessed
of
the
state
of
Kyng
and
of
Lordesship
,
and
of
all
the
Dignite
and
Wyrs●hipp
that
longed
thereto
,
and
assoiled
all
your
Leiges
of
her
ligeance
and
obeisance
that
longed
to
yowe
uppe
the
fourme
that
is
contened
in
the
same
Renunciation
and
Cession
,
whiche
ye
redde
your self
by
your
mouth
,
and
affermed
it
by
zour
othe
,
and
by
your
owne
writing
;
upon
whiche
ye
made
and
ordeyned
your
Procuratours
,
the
Ersbysshopp
of
York
,
and
the
Bisshopp
of
Hereford
,
for
to
notifie
and
declare
in
your
name
thes
Renunciation
and
Cession
at
Westmynstre
,
to
all
the
States
,
and
all
the
people
that
was
ther
gadyrd
,
because
of
the
Sommons
foresayd
;
the
whiche
thus
don
yesterday
by
thes
Lordes
your
Procuratours
,
and
wele
herde
and
understonden
,
thes
Renunciation
and
Cession
ware
pleinelith
and
frelith
accepted
,
and
fullich
agreed
by
all
the
States
and
people
forsayd
.
And
over
this
Sire
,
at
the
instance
of
all
thes
States
and
people
,
ther
ware
certein
Articles
of
defauts
in
your
governance
redde
there
,
and
tho
we
le
herd
and
plesnelich
understonden
to
all
the
States
forsayd
,
hem
thoght
hem
so
trewe
and
so
notorie
,
and
knowen
that
by
the
causes
,
and
as
by
mo
other
as
thei
sayd
,
and
havyng
consideration
to
your
owne
wordes
in
your
own
Renunciation
and
Cession
,
that
ye
were
not
worthy
,
ne
sufficient
,
ne
able
for
to
govern
for
your
owne
demerites
,
as
it
is
more
pleinerlich
contened
therin
,
hem
thoght
that
wos
reasonable
and
cause
for
to
depose
yowe
and
her
Commissaries
that
thei
made
and
ordeined
,
as
it
is
of
record
ther
declared
and
decreed
,
and
adjudged
yowe
for
to
be
deposed
and
prive●
,
and
in
dede
deposed
yowe
,
and
pryved
yowe
of
the
astate
of
Kyng
,
and
of
the
Lordsship
contened
in
the
Renunciation
and
Cession
forsayd
,
and
of
all
the
Dignite
and
Wyrsship
,
and
of
all
the
administration
that
longed
thereto
.
And
we
Procuratours
to
all
these
States
and
people
forsayd
,
os
we
be
charged
by
hem
,
and
by
her
auctorite
giffen
us
,
and
in
her
name
,
yelde
yowe
uppe
for
all
the
States
and
people
forsayd
,
Homage
,
Liege
and
Feaute
,
and
all
Ligeance
,
and
all
other
Bondes
,
Charges
and
Services
that
longe
therto
;
and
that
non
of
all
tbes
States
and
people
fro
this
tyme
forward
,
ne
here
yowe
feyth
,
ne
do
yowe
obeisance
●s
to
that
Kyng
.
And
he
answered
and
sayd
,
that
he
looked
not
therafter
:
but
he
sayde
,
that
after
all
this
he
hoped
that
is
Cosyn
wolde
bee
good
Lord
to
hym
.
Joesdy
le
●xiiij
.
Doctober
Lerecuesque
de
Canterbire
chargea
deper
le
Roy
touz
les
Seigneurs
Espirituales
&
temporales
&
toutz
antres
y
estantz
sur
Leur
Ligeance
que
ceo
que
lors
serroit
monstres
on
parlez
illoeqe
serroit
tenuv
cons●il
&
qil
ne
serroit
ascunement
discoverez
a
nully
vivant
.
Et
pius
apres
demandez
feust
per
le
Count
de
Northumbr
.
pur
la
seurte
du
Roy
&
de
touz
Lestatz
du
Roialme
,
Coment
leure
semble
que
serroit
erdeignez
de
Richard
nadgaires
Roy
pur
Luy
mettre
&
saufegard
,
Sauvant
su
vie
,
quele
le
Roy
voet
que
luy
soit
sauvez
&
touz
maners
?
Surquoi
responduz
feust
per
toutz
Les
Signiars
severalment
examines
dont
les
nomes
si
ensuent
que
leur
semble
qil
serroit
mys
en
sauso
&
secregard
&
en
tiel
Lien
on
nul
concours
dos
g●ntz
yad
&
qil
soit
gardez
perseures
&
sufficientz
persone
,
&
que
nul
que
este
familier
du
dit
nadgairs
Roy
soit
ascunement
entour
sa
persone
&
que
ceo
soit
fait
en
le
pluis
se●re
manere
que
faire
sa
purra
.
Les
nomes
des
Seigneurs
demandez
&
assentez
en
La
question
suisditz
cy
ensuent
Cestassavoir
.
-
Lerceuesque
de
Canterbrie
.
-
Lerceuesque
Deuerwyck
.
-
Leuesque
de
Londres
.
-
Leuesque
Dely.
-
Leuesque
de
Nicholl
.
-
Leuesque
de
Norwich
.
-
Leuesque
de
Roucestre
.
-
Leuesque
de
Sar.
-
Leuesque
Dexcestr
.
-
Leuesque
de
Cicestr
.
-
Leuesque
de
St.
Asaph
.
-
Leuesque
de
Cestr
.
-
Leuesque
de
St.
Davids
.
-
Leuesque
de
Landafe
.
-
Leuesque
de
Duresme
.
-
Labbe
de
Westminster
.
-
Labbe
de
St.
Albon
.
-
Labbe
de
St.
Austyn
.
-
Labbe
de
Bury
.
-
Labbe
de
St.
Doverwycke
.
-
Labbe
de
Glocestr
.
-
Labbe
de
Battaill
.
-
Le
Prince
.
-
Le
Duc
de
Nerwyck
.
-
Le
Count
Darundell
.
-
Le
Count
de
Warr.
-
Le
Count
de
Staff
.
-
Le
Count
de
Northumbr
.
-
Le
Count
de
Suff.
-
Le
Count
de
Wircestr
.
-
Le
Sgr.
de
Roos
.
-
Le
Sgr.
de
Grey
de
Ruthin
.
-
Le
Sgr.
de
Cherleton
.
-
Le
Sgr.
de
Bardolf
.
-
Le
Sgr.
de
Willughby
.
-
Le
Sgr.
de
Furnival
.
-
Le
Sgr.
de
Ferrers
.
-
Le
Sgr.
de
Beaumont
.
-
Le
Sgr.
de
Berkeley
.
-
Le
Sgr.
de
Fitz
Wauters
.
-
Le
Sgr.
de
Manley
.
-
Le
Sgr.
de
Scales
.
-
Le
Sgr.
de
Morley
.
-
Le
Sgr.
de
Burnell
.
-
Le
Sgr.
de
Lovell
.
-
Le
Sgr.
de
Camoi
.
-
Le
Sgr.
de
Seymore
.
-
Le
Sgr.
de
Crombwell
.
-
Le
Sgr.
de
Cobham
.
-
Monsr
.
Henr.
Peircy
.
-
Monsr
.
Richard
Scroop
.
-
Le
Sgr.
Fitz
Hugh
.
-
Le
Sgr.
de
Bergeueny
.
-
Le
Sgr.
de
Lomley
.
-
Le
Baron
de
Greystocks
.
-
Le
Baron
de
Hilton
.
-
Monsr
.
Thomas
Erpingham
Chambr
.
-
Monsr
.
Mayhew
Gowinay
.
Mr.
Hall
in
his
Chronicle
,
fol.
10.
and
[
*
](A56189-e109830-b)
*
Walsingham
.
Hist.
Angl.
Anno
1490.
p.
404.
Graftons
Chronicle
.
p.
407
,
408
,
409.
Holinshed
.
p.
511.
Sect.
4.
p.
516.
Speed
.
p.
764
,
765.
Godwins
Catalogue
of
Bishops
,
p.
541
,
542.
others
relate
,
that
in
this
Parliament
,
when
it
was
demanded
by
the
Kings
friends
,
what
should
be
done
with
King
Richard
?
Thomas
Menkes
Bishop
of
Carlile
,
which
was
a
man
both
well
learned
and
well
stomacked
,
rose
up
and
said
;
My
Lords
,
I
require
you
take
heed
what
answer
you
make
to
this
question
.
For
think
there
is
none
of
you
worthy
or
meet
to
give
judgement
on
so
noble
a
Prince
as
King
Richard
is
,
whom
we
haven
taken
for
our
Sovereigne
and
Liege
Lord
by
the
space
of
two
and
twenty
years
;
and
I
assure
you
,
there
is
not
so
ranck
a
traitour
,
nor
so
arrant
a
theef
,
nor
so
cruel
a
murderer
,
which
is
apprehended
and
deteined
in
prison
for
his
offence
,
but
hee
shall
be
brought
before
the
Justice
to
hear
his
judgement
;
and
yet
you
will
proceed
to
the
judgement
of
an
annointed
King
,
and
hear
neither
his
answer
nor
excuse
.
And
I
say
,
that
the
Duke
of
Lancaster
,
whom
you
call
King
,
hath
more
offended
,
and
more
trespassed
to
King
Richard
and
this
Realme
,
than
the
King
hath
either
done
to
him
,
or
to
us
.
For
it
is
manifestly
known
,
that
the
Duke
was
banished
the
Realme
by
King
Richard
and
his
council
,
and
by
the
judgement
of
his
own
Father
,
for
the
space
of
ten
years
,
for
what
cause
all
you
know
,
and
yet
without
license
of
King
Richard
hee
is
returned
again
into
the
Realme
;
yea
and
that
is
worse
,
hath
taken
upon
him
the
name
,
title
,
and
preheminence
of
a
King
.
And
therefore
I
say
and
affirm
,
that
you
do
apparently
wrong
,
and
manifest
injury
to
proceed
in
any
thing
against
King
Richard
,
without
calling
him
openly
to
his
answer
and
defence
.
When
the
Bishop
had
ended
,
he
was
incontinent
by
the
Earl
Marshal
attached
and
committed
to
ward
in
the
Abbey
of
S.
Albanes
.
And
then
it
was
concluded
,
that
King
Richard
should
continue
in
a
large
prison
,
and
should
be
plentifully
served
of
all
things
necessary
both
for
viands
&
apparel
.
From
the
proceedings
against
these
2.
deposed
Kings
,
these
2.
inferences
have
been
made
.
1.
[
(g)
](A56189-e109970-b)
(g)
Cortoni
Posthuma
,
p.
350.
That
the
Commons
have
a
joynt
interest
with
the
Lords
in
the
Judicature
and
Jugements
in
Parliament
.
2.
[
(h)
](A56189-e110000-b)
(h)
Regal
Tyranny
discovered
,
p.
58
,
59
,
60.
John
Melton
Answer
to
Salmasius
,
Mr.
Bradshaw
&
others
.
That
the
Proceedings
against
our
late
condemned
beheaded
King
are
justifiable
,
and
warranted
by
them
.
I
answer
,
that
nei●her
of
these
2.
Consequences
are
proved
by
them
.
For
1.
The
Commons
themselves
in
this
Parliament
of
1
H.
4.
n.
79.
immediately
after
King
R●chards
deposition
,
confess
,
That
the
Judicature
and
Judgements
of
Parliament
,
belong
only
to
the
King
and
Lords
,
not
to
the
Commons
.
2ly
,
The
Commons
neither
in
nor
out
of
Parliament
,
are
,
may
or
ought
to
be
the
Judges
of
the
meanest
Lord
or
Peer
of
the
Realm
,
who
are
to
be
judged
,
tried
by
their
Peers
alone
;
as
I
have
abundantly
evidenced
in
the
premises
:
Much
less
then
can
they
be
lawful
Judges
of
their
Soveraign
Lord
and
King
,
who
is
a
degree
above
all
the
Peers
of
highest
dignity
.
In
the
[
*
](A56189-e110150-b)
*
Mat.
Paris
,
p.
295
296.
Here.
p.
256.
Parliament
,
An
,
1260.
Prince
Edward
,
as
I
have
proved
before
,
would
be
tried
only
by
2.
Kings
;
because
all
the
rest
of
the
Earls
and
Barons
were
not
his
Peers
,
neither
could
they
be
his
Judges
:
much
less
then
can
Peers
or
Commons
be
their
Kings
Judges
&
Peers
to
ondemn
or
try
him
.
3ly
,
Our
Law-books
resolve
,
[
(i)
](A56189-e110170-b)
(i)
Bracton
,
lib.
1.
c.
8.
lib.
3
,
cap.
3.
Fleta
,
lib.
1.
cap.
5.
3
Edw.
3.19
.
Fitz.
Corone
161.
21
Edw.
3.3
.
b.
Dyer
297.
Stamford
,
lib.
3.
cap.
1.
f.
153.
That
the
King
hath
no
Peers
in
his
own
Realm
;
and
,
Therefore
he
can
neither
be
legally
tried
nor
judged
by
the
Peers
themselves
,
much
less
by
the
Commons
in
Parliament
.
4ly
,
The
[
(k)
](A56189-e110200-b)
(k)
Spelmanni
Concilia
,
Tom.
1.
p.
411
Lawes
of
Hoel
Dha
King
of
Wales
,
about
the
year
940.
Lex
20.
resolve
,
Rex
non
poterit
secundum
legem
in
lite
stare
coram
Judice
suo
,
agendo
vel
respondendo
,
per
dignitatem
naturalem
;
yea
all
the
Lords
and
Commons
of
England
in
the
Parliament
of
Lincoln
,
Anno
29.
E.
1.
in
their
forecited
Letter
to
the
Pope
(
p.
128.
)
resolve
,
That
the
Kings
of
England
,
Ex
praeeminentia
status
suae
Regiae
dignitatis
,
ex
consuetudine
cunctis
temporibus
observata
,
neque
responderunt
,
neque
respondere
debebant
coram
aliquo
Iudice
Ecclesiastico
vel
seculari
sup●r
juribus
suis
in
regno
,
&c.
Much
less
then
may
or
ought
they
to
be
put
to
answer
criminally
for
their
lives
,
or
Crowns
before
any
Ecclesiastical
or
Temporal
Judge
,
Peers
or
Commons
House
,
or
High
Court
of
COMMONS
.
5ly
,
The
Statutes
of
16
R.
2.
c.
5.
and
of
25
H.
8.
c.
19.21
.
thus
declare
,
resolve
,
and
the
Archbishop
of
Canterbury
in
the
Parliament
of
16
R.
2.
n.
20.
protested
against
the
Popes
pretended
Supremacy
,
That
the
Crown
of
England
hath
been
so
free
at
all
times
,
that
it
hath
been
in
subjection
to
no
Realm
or
Person
;
but
immediatly
subject
to
God
▪
and
to
none
other
,
in
all
things
touching
the
Regality
of
the
said
Crown
.
And
the
Statutes
of
25
H.
8.
c.
19
,
21
,
22.
26
H.
8
c.
1.3
.
27
H.
8.
c.
15.
28
H.
8.
c.
7.10
.
31
H.
8.
c.
10.15
.
32
H.
8.
c.
22.24
,
26.
33
H.
8.
c.
29.
35
H.
8.
c.
1.3.17
,
19.
37
H.
8.
c.
17.
1
E.
6.
c.
2.
1
Eliz.
c.
1.
8
Eliz.
c.
1.
3
Jac.
c.
3
,
4.
declare
and
enact
,
The
King
to
be
the
only
Supreme
Head
&
Governor
(
upon
Earth
)
both
of
the
Church
&
Realm
of
Engl.
both
of
which
recognize
no
Super
or
under
God
,
but
only
the
King
.
To
affirm
then
,
that
the
Lords
or
Commons
in
Parliament
may
lawfully
judge
,
depose
the
King
and
deprive
him
of
his
Crown
,
Regalities
,
Head
,
Life
:
is
to
contradict
,
repeal
all
these
Statutes
:
since
the
inferior
Members
can
no
more
legally
judge
the
Supreme
head
of
the
body
politick
,
than
the
head
of
the
body
natural
;
or
the
Courrs
in
Westminster
hall
,
or
Hundred
Courts
,
judge
the
High
Court
of
Parliament
,
and
condemn
,
repeal
their
Acts
or
Judgements
.
6ly
,
Though
Articles
were
drawn
up
against
these
two
Kings
pro
forma
,
yet
neither
of
them
was
ever
required
,
or
judicially
summoned
to
make
answer
to
them
,
or
heard
,
or
brought
to
trial
before
the
Lords
or
Commons
Barr
,
or
any
other
Tribunal
,
or
Court
of
Justice
.
Whence
the
Bishop
of
[
*
](A56189-e110650-b)
*
Here
,
p.
456.
Carlisle
protested
against
it
,
as
most
illegal
,
unjust
and
trayterous
.
Therefore
neither
the
Lords
nor
Commons
could
be
properly
said
their
Iudges
in
this
case
;
and
their
Judgement
without
hearing
or
trial
of
them
must
needs
be
most
erronious
,
as
well
as
Mortimers
and
the
Earl
of
Arundels
[
*
](A56189-e110710-b)
*
Here
,
p.
275.
to
283.
forecited
.
7ly
,
The
Lords
and
Commons
resignation
of
their
Homage
to
these
2.
Kings
,
when
deposed
;
shew
,
that
even
then
they
este●med
them
their
Superiors
&
Lords
:
[
†
](A56189-e110740-b)
†
Glanvil
,
l.
9.
c.
1.
Lit.
l.
2.
c.
1.
Cooks
1
Instit.
f.
64
,
65.
Homage
being
the
most
honourable
and
humble
service
that
a
franktenant
may
do
to
his
Lord
:
the
tenant
being
ungirt
,
his
head
uncovered
,
kneeling
down
on
both
his
knees
before
his
Lord
sitting
covered
and
holding
up
his
hands
joyntly
together
between
his
Lords
and
the
Kings
hands
,
when
he
doth
his
homage
;
saying
,
I
become
your
man
from
this
day
forward
of
limb
and
of
earthly
worship
,
and
unto
you
shall
be
true
and
faithfull
,
and
bear
faith
for
the
tenements
I
hold
of
you
.
And
when
done
to
any
other
Lord
,
it
is
with
a
Saving
the
faith
I
owe
unto
our
Soveraign
Lord
the
King
,
and
his
Heirs
.
8ly
,
The
Sentences
of
Deposition
against
them
,
were
given
only
by
the
Legislative
power
,
not
JUDICIAL
,
by
way
of
Bill
consented
unto
in
the
Parliament
house
by
the
Lords
and
Commons
,
then
sent
to
these
Kings
to
their
prisons
,
and
there
read
unto
them
by
Committees
and
Proxies
,
representing
all
the
Estates
in
Parliament
.
Therefore
the
reading
of
them
to
these
Kings
in
their
prisons
,
was
not
properly
a
judgement
,
neither
did
it
constitute
them
who
read
it
to
them
their
Judges
,
much
less
create
the
Commons
Judges
of
these
Kings
.
9ly
,
All
the
Lords
Spiritual
Temporal
,
and
Commons
concurred
joyntly
in
this
Act
of
resigning
their
Homage
to
these
Kings
,
to
whom
they
were
all
joyntly
obliged
,
and
in
whom
they
had
all
a
common
interest
:
Et
quod
tangit
omnes
,
ab
omnibus
debet
approbari
:
Therefore
it
is
no
warrant
for
the
proceedings
against
our
late
King
,
without
the
consents
,
and
against
the
Express
Votes
of
the
whole
House
of
Lords
,
and
of
the
Majority
of
the
Commons
house
.
10ly
,
The
Lords
alone
,
without
the
Commons
,
gave
Judgement
for
the
close
and
perpetual
imprisonment
of
King
Richard
the
2.
therefore
they
were
his
sole
and
proper
Judges
by
way
of
Sentence
,
his
deposition
being
by
the
Legislative
,
not
Judicial
power
.
11ly
,
These
Kings
(
especially
the
later
of
them
)
had
no
sentence
of
deposition
,
nor
proceedings
against
them
;
til
they
had
through
fear
or
pusillanimity
first
resigned
their
Crowns
,
and
kingship
,
as
unfit
to
reign
or
govern
any
longer
;
which
was
made
the
principal
ground
of
their
subsequent
declaratory
depositions
,
by
the
Lords
and
Commons
,
when
they
had
reduced
themselves
into
the
condition
of
[
†
](A56189-e110850-b)
†
Si
Rex
imperium
abdicavit
,
aut
manifestè
habet
pro
derelicto
,
in
eum
post
id
tempus
omnia
licent
quae
in
privatum
.
Hugo
Grotius
,
de
Jure
Belli
&
Pacis
,
l.
1.
c.
4.
Sect.
9.
private
men
,
by
their
resignations
.
These
presidents
therefore
cannot
justifie
the
late
proceedings
against
an
actual
,
lawful
,
hereditary
King
,
by
a
small
party
of
the
Commons
house
alone
,
without
the
House
of
Peers
,
or
the
Majority
of
their
fellow-Members
,
who
never
resigned
his
Crown
,
nor
unkinged
himself
,
as
unworthy
to
reign
any
longer
.
12ly
,
King
Edward
the
2.
after
this
his
deposition
,
was
reputed
a
King
de
jure
still
;
and
therefore
stiled
by
the
whole
Parliament
,
all
the
Lords
,
and
King
Edward
the
3d.
himself
,
in
4
E.
3.
n.
1
,
2
,
3
,
4
,
5
,
6
,
10.
their
[
†
](A56189-e110920-b)
†
See
here
,
p.
276.
King
and
Leige-Lord
,
and
Mortimer
,
with
his
complices
,
were
condemned
and
executed
as
TRAYTORS
,
for
murdering
him
after
his
Deposing
:
contrary
to
Sir
Edward
Cooks
false
Doctrine
,
3
Institutes
,
f.
7.
And
in
the
Parliament
of
21
R.
2.
n.
64
,
65.
the
revocation
of
the
Act
for
the
2.
Spencers
restitution
in
the
Parl.
of
1
E.
3.
was
repealed
because
made
at
such
time
by
King
Edward
the
3.
as
Edw.
2.
his
Father
BEING
VERY
KING
was
living
and
imprisoned
:
so
that
he
could
not
resist
the
same
An
express
resolution
by
these
two
Parliaments
,
that
his
deposition
was
both
void
in
Law
,
and
illegal
.
13ly
,
Neither
of
these
2.
Kings
,
though
their
articles
were
more
heinous
,
and
Government
more
unkingly
,
arbitrary
than
the
late
Kings
,
were
condemned
or
adjudged
to
lo●e
their
heads
or
lives
for
their
misdemeanors
,
but
meerly
deprived
of
their
royal
Authority
,
with
a
promise
to
preserve
their
lives
,
and
treat
them
nobly
,
and
that
upon
this
account
,
that
they
were
Kings
,
yea
anointed
Kings
,
when
they
transgressed
,
therefore
exempted
from
all
capital
censures
,
penalties
of
Laws
by
any
humane
Tribunals
:
as
David
resolves
,
Psal.
51.4
.
Against
thee
,
thee
only
have
I
sinned
;
whence
S.
Chrysostom
,
S.
Ambrose
,
Arnobius
,
with
others
in
their
Expositions
on
that
Psalm
,
S.
Hierom
Epist.
22
,
&
47.
Peter
Martyr
on
the
2
Sam.
2.13
.
learned
Grotius
,
and
others
conclude
in
these
words
:
[
†
](A56189-e111130-b)
†
De
Jure
Belli
.
l.
4.
c.
1.
Liberi
sunt
Reges
à
vinculis
delictorum
▪
neque
enim
ad
paenam
ullis
vocantur
legibus
,
tuti
Imperii
potestate
.
Hence
[
†
](A56189-e111160-b)
†
Epist.
Dedicatoria
,
prefixed
to
his
Chronicon
.
Otto
Frisingensis
Episcopus
,
writes
thus
to
the
Emperor
Fredericke
;
Praeterea
cum
nulla
inveniatur
persona
mundialis
qui
mundi
legibus
non
subjaceat
,
subjaciendo
coerceatur
SOLI
REGES
,
utpote
constituti
super
leges
in
respect
of
corporal
penalties
)
DIVINO
EXAMINI
RESERVATI
,
seculi
lègibus
non
cohibentur
:
unde
est
illud
tam
Regis
quam
Prophetae
testimonium
;
Tibi
soli
peccavi
.
These
2.
presidents
therefore
no
wayes
justifie
the
proceedings
against
the
late
beheaded
King
,
as
I
before
hand
manifested
in
my
Speech
in
Parliament
,
Decem.
4.
and
in
my
Memento
in
Jan.
1648.
which
gave
[
(m)
](A56189-e111240-b)
(m)
See
the
2.
Part
of
the
History
of
Independency
:
where
it
is
inserted
.
ample
satisfaction
herein
,
not
only
to
out
3.
kingdoms
at
home
,
but
to
the
learnedst
Protestant
Divines
&
Churches
abroad
both
in
France
,
&
Germany
,
as
Samuel
Bochartus
(
an
eminent
French
Divine
)
in
his
Latine
Epistle
to
Dr.
Morley
,
printed
Parisiis
1650.
attests
Sect
3.
De
Jure
&
potestate
Regum
,
p.
145.
Where
after
a
large
and
solid
proof
out
of
Scripture
,
Fathers
,
and
other
Authors
of
the
unlawfullnesse
of
our
late
Kings
trial
,
judgement
and
Execution
;
and
that
the
Presbyterian
English
Ministers
and
Membees
did
then
professedly
oppugn
,
and
write
against
it
;
he
thus
proceeds
.
Ex
hoc
numero
PRYNNIUS
,
vir
multis
nominibus
insignis
,
&
Parlamenti
Delegatorum
unus
,
è
carcere
in
quo
cum
pluribus
aliis
detenebatur
,
Libellum
composuit
Parliamento
oblatum
;
in
quo
decem
rationibus
,
iisque
validissimis
,
contendit
eos
rem
illicitam
attentare
(
in
proceeding
Criminally
and
Capitally
against
the
King
;
)
Then
reciting
the
Heads
of
my
reasons
against
it
,
he
concludes
thus
:
Haec
ille
&
multo
plura
,
SCRIPTOR
MIRE
NERVOSUS
,
cujus
verba
sunt
stimuli
et
elavi
in
altum
defixi
:
After
which
he
there
prooves
by
several
instances
,
how
much
the
Protestant
Ministers
,
Churches
of
France
and
Geneva
,
condemned
these
proceedings
as
repugnant
to
Scripture
,
and
the
Principles
of
the
Protestant
Religion
:
And
Dr.
Wolfgangus
Mayerus
(
a
famous
Writer
and
Professor
of
Divinity
at
Basil
in
Germany
)
in
his
Epistle
Dedicatory
before
his
printed
Latine
Translation
of
my
Sword
of
Christian
Magistracy
,
supported
.
Basil
.
1649.
Viro
Nobilissimo
ac
consul●issimo
,
omnium
Doctrinarum
,
Virtutumque
Ornamentis
excultissimo
,
verae
pietatis
zelo
flagrantissimo
,
Orthodoxae
Religionis
,
libertatisque
Patriae
defensori
Acerrimo
GVLIELMO
PRYNNE
.
J.
V.
Doctori
celeberrimo
,
Domino
atque
Amico
suo
plurimum
honorando
Authori
,
Interpres
,
S.
P.
D.
hath
published
to
my self
in
particular
,
and
the
world
in
general
,
That
the
beheading
of
the
K.
as
it
was
contrary
to
the
Parls
.
primitive
intention
;
so
it
was
,
cum
magna
gentis
Anglicanae
ignominia
,
qui
jam
discincti
,
laudatissimique
corporis
compage
miserrime
rupta
atque
dissipata
,
ferre
coguntur
,
quod
evitari
amplius
non
potest
.
At
sane
non
exiguam
laudem
APUD
OMNES
REFORMAT
AS
ECCLESIAS
consecuti
sunt
illi
Angliae
Pastores
,
qui
naevos
,
et
Errores
Regiae
administrationis
,
quos
magnos
fuisse
agnoverunt
,
precibus
potius
a
Deo
deprecandos
,
quam
capitali
poena
vindicandos
esse
censuerunt
,
suasque
Ecclesias
ab
omnibus
sanguinariis
consiliis
,
magno
zelo
,
animo
plane
intrepido
,
dehortati
,
omnemque
criminis
istius
suspicionem
,
ab
ipsis
hoc
pacto
,
prudentissime
amoliti
sunt
.
Sed
hanc
causam
aliis
disceptandam
relinquo
:
Which
learned
Salmasius
soon
after
professedly
undertook
in
the
Netherlands
;
Vincentius
,
Heraldus
and
Bochartus
,
(
3
most
eminent
Protestant
Ministers
)
in
France
,
in
printed
Treatises
published
against
the
Kings
Trial
,
&c.
as
repugnant
to
the
Principles
of
the
Christian
&
Protestant
Religion
;
Which
another
famous
Frenchman
in
his
French
Translation
of
47
London
Ministers
Petition
against
it
,
thus
brands
.
[
†
](A56189-e111700-b)
†
Samuelis
Bocharti
Epistola
,
p.
155.
Post
Christum
crucifixum
nullum
atrocius
crimen
uspiam
esse
admissum
,
&
universam
terram
eo
concuti
,
&
bonos
omnes
ad
luctum
provocari
,
USQUE
AD
FINEM
SECULI
:
Which
Mr.
Bradshaw
may
do
well
to
ruminate
upon
now
in
cold
blood
,
and
all
others
ingaged
with
him
in
this
unparalled
Judgment
&
execution
;
being
no
way
warranted
by
the
depositions
of
King
Edward
,
or
Richard
the
2.
14ly
.
When
the
News
of
K.
Richards
deposing
was
reported
into
France
,
King
Charls
and
all
his
Court
wondered
,
But
when
the
certainty
of
King
Richards
death
was
declared
to
the
Aquitaynes
and
Gascons
,
the
most
part
of
the
wisest
men
of
the
Country
fell
into
a
bodily
fear
,
and
into
a
deadly
dread
;
for
some
lamenting
the
instability
of
the
English
people
,
judged
them
to
be
spotted
with
perpetual
infamy
,
and
brought
to
dishonour
and
loss
of
their
antient
fame
and
glory
,
for
committing
so
hainous
a
crime
and
detestable
an
offence
against
their
King
and
Soveraign
Lord
.
The
memory
whereof
they
thought
would
never
be
buried
or
extincted
.
Others
feared
the
loste
of
their
goods
and
liberties
;
because
they
imagined
that
by
this
civil
dissension
and
intestine
division
,
the
Realm
of
England
should
so
be
vexed
and
troubled
,
that
their
Country
(
if
the
Frenchmen
should
invade
it
)
should
be
destitute
and
left
void
of
all
aid
and
succour
of
the
English
Nation
.
But
the
Citizens
of
Burdeaux
took
this
matter
very
sore
at
stomach
,
because
King
Richard
was
born
and
brought
up
in
their
City
,
lamenting
and
crying
out
,
that
since
●he
beginning
of
the
world
,
there
was
never
a
more
detestable
or
more
villanous
or
hainous
act
committed
:
which
being
sad
with
sorrow
,
and
inflamed
with
melancholy
,
said
that
untrue
,
unnatural
,
and
unmercifull
people
had
betrayed
and
slain
,
contrary
to
all
Law
and
Justice
and
honesty
,
a
good
man
,
a
just
Prince
,
and
lawfull
Governour
;
beseeching
God
devoutly
on
their
knees
,
to
be
the
revenger
and
punisher
of
that
detestable
offence
and
notorious
crime
.
15ly
.
The
proceedings
against
King
Richard
the
2.
in
the
Parliament
of
1
H.
4.
were
in
the
[
(n)
](A56189-e112060-b)
(n)
See
an
Exact
Abridgment
,
p.
670.
Parliament
of
1
E.
4.
n.
9
,
10
,
11
,
12.
condemned
as
illegal
,
the
Tyrannous
usurpation
of
Henry
the
4th
.
with
his
hainous
murdering
of
King
Richard
the
2.
at
large
set
forth
,
his
reign
,
declared
by
Act
of
Parliament
to
be
an
intrusion
and
meer
usurpation
,
for
which
he
and
the
heirs
of
his
body
are
utterly
dis
inabled
,
as
unworthy
to
enjoy
any
inheritance
,
estate
,
or
profits
within
the
Realm
of
England
or
Dominions
of
the
same
for
ever
;
and
that
by
this
memorable
Petition
of
the
Commons
,
wherein
the
pedigree
of
King
Edward
the
4th
.
and
his
title
to
the
Crown
,
are
likewise
fully
set
forth
,
a
Record
most
worthy
the
publike
view
,
being
never
yet
printed
to
my
knowledge
.
Ex
Rotulo
Parliamenti
tenti
apud
Westm.
anno
primo
Edwardi
Quarti
,
n.
8.
Wales
,
William
Hatfield
secund
gotten
Son
,
Leonel
third
gotten
Son
Duke
of
Clarence
,
John
of
Gaunt
fourth
gotten
son
Duke
of
Lancaster
;
Edmund
Langley
the
fifth
gotten
son
Duke
of
York
,
Thomas
Wodestoks
the
sixth
gotten
son
Duke
of
Gloucester
,
and
William
Wyndesore
the
seventh
gotten
Son
.
And
the
said
Edward
Prince
of
Wales
,
which
died
in
the
life
of
the
said
King
Edward
the
thurd
his
Fader
,
had
issue
Richard
,
which
after
the
death
of
the
same
King
Edward
the
third
,
as
Cousin
and
heir
to
him
,
that
is
to
say
Son
to
the
said
Edward
Prince
of
Wales
,
Son
unto
the
said
King
Edward
the
third
,
succeeded
him
in
royal
estate
and
dignity
,
lawfully
entituled
and
called
King
Richard
the
secund
,
and
died
without
issue
,
William
Hatfield
the
secund
gotten
Son
of
the
said
King
Edward
the
third
died
without
issue
,
the
said
Leonel
Duke
of
Clarence
the
third
gotten
Son
of
the
same
King
Edward
had
issue
Phelip
his
only
daughter
and
died
,
And
the
same
Phelip
wedded
unto
Edmund
Mortimer
Earl
of
Marche
,
had
issue
by
the
same
Edmund
,
Roger
Mortymer
Earl
of
Marche
her
Son
and
heir
,
which
Edmund
and
Phelip
died
,
the
same
Roger
Earl
of
March
had
issue
Edmund
Mortymer
Earl
of
March
,
Roger
Mortymer
Anne
and
Alianore
and
died
.
And
also
the
same
Edmund
and
Roger
sons
of
the
foresaid
Roger
,
and
the
said
Alianore
died
without
Issue
.
And
the
same
Anne
wedded
unto
Richard
Earl
of
Cambridge
,
the
Son
of
the
said
Edmund
Langley
,
the
fifth
gotten
son
of
the
said
king
Edward
the
third
,
as
it
is
afore
specified
,
had
issue
that
right
noble
and
famous
Prince
of
full
worthy
memory
,
Richard
Plantagenet
Duke
of
York
:
And
the
said
Richard
Earl
of
Cambridge
,
and
Anne
his
Wife
died
,
And
the
same
Rich.
Du.
of
York
had
issue
the
right
high
and
mighty
Prince
Edward
,
our
Liege
and
Soveraign
Lord
,
and
died
,
to
whom
as
Cousin
and
heir
to
the
said
King
Richard
the
Crown
of
the
Realm
of
England
,
and
the
royal
power
,
estate
,
dignity
,
preheminence
and
governance
of
the
same
Realm
,
and
the
Lordship
of
Ireland
,
lawfully
and
of
right
appertaineth
,
of
the
which
Crown
,
Royal
power
,
estate
,
dignity
,
preheminence
,
governance
and
Lordship
the
said
King
Richard
the
second
was
lawfully
,
rightfully
and
justly
seised
and
possessed
,
and
the
same
joyed
in
rest
and
quiet
without
interruption
or
molestation
,
unto
the
time
that
Henry
late
Earl
of
Derby
,
son
of
the
said
Iohn
of
Gaunt
,
the
fourth
gotten
son
of
the
said
King
Edward
the
third
,
and
younger
Brother
of
the
said
Leonel
,
temerously
agenst
rightwisnes
and
Iustice
,
by
force
and
Arms
agenst
his
faith
and
liegeaunce
rered
werre
at
Flynte
in
Wales
agenst
the
said
King
Richard
,
him
took
and
enprisoned
in
the
Tower
of
London
of
grete
violence
.
And
the
same
King
Richard
so
being
in
prison
,
and
living
,
usurped
and
intruded
upon
the
royal
power
,
estate
,
dignity
,
preheminence
,
possessions
and
Lordships
aforesaid
,
taking
upon
him
usurpously
the
Crown
and
name
of
K.
and
L.
of
the
same
Realm
and
Lordship
.
And
not
therewith
satisfied
or
content
,
but
more
grievous
thing
attempting
,
wickedly
of
unnatural
,
unmanly
,
and
cruel
tyranny
,
the
same
King
Richard
,
King
anointed
,
crowned
and
consecrate
,
and
his
Liege
and
most
high
Lord
in
the
Earth
,
agenst
Gods
Law
,
Mans
liegeance
and
Oth
of
fidelite
,
with
uttermost
punicion
attormenting
,
murdred
and
destroyed
,
with
most
vile
,
hainous
and
lamentable
death
;
whereof
the
heavy
exclamation
in
the
doom
of
every
Christian
man
soundeth
into
Gods
hearing
in
Heaven
,
not
forgotten
in
the
Earth
,
specially
in
this
Realm
of
Englond
,
which
therefore
hath
suffered
the
charge
of
intollerable
persecution
,
punicion
and
tribulation
,
whereof
the
like
hath
not
been
seen
or
heard
in
any
other
Christian
Realm
by
any
memory
or
Record
:
Then
being
on
Live
,
the
said
Edmund
Mortymer
Earl
of
March
,
son
and
heir
of
the
said
Roger
,
son
and
heir
of
the
said
Philip
,
daughter
and
heir
of
the
said
Leonel
,
the
third
Son
of
the
said
King
Edward
the
third
;
To
the
which
Edmund
after
the
decease
of
the
said
King
Richard
,
the
right
and
title
of
the
same
Crown
and
Lordship
,
then
by
law
,
custom
and
conscience
descended
and
belonged
,
and
of
right
belongeth
at
this
time
unto
our
said
Liege
and
Soveraign
Lord
,
King
Edward
the
fourth
,
as
Cousin
and
heir
to
the
said
King
Richard
,
in
manner
and
form
abovesaid
.
Our
said
Soveraign
and
Liege
Lord
King
Edward
the
fourth
,
according
to
his
right
and
title
of
the
said
Crown
and
Lordship
,
after
the
decease
of
the
said
right
noble
and
famous
Prince
Richard
Duke
of
York
,
his
fader
,
in
the
name
of
Jesu
,
King
Henry
the
sixth
,
son
to
Henry
,
son
to
the
said
Hen.
late
E.
of
Derby
,
son
to
the
said
John
of
Gaunt
from
the
occupation
,
usurpation
,
intrusion
,
reign
and
governance
of
the
same
Realm
of
Englond
and
Lordship
,
to
the
universal
comfort
and
consolation
of
all
his
Subgetts
and
Liegemen
,
plentevously
joyed
to
be
amoeved
and
departed
from
the
obeysance
and
governance
of
the
unrightwise
usurpour
,
[
†
](A56189-e113440-b)
†
Nota
in
whose
time
,
not
plenty
,
Pees
,
Justice
,
good
governance
,
pollicy
,
and
vertuouse
conversatien
,
but
unrest
,
inwa●d
warr
and
trouble
,
unright
wiseness
,
shedding
and
effusion
●f
innocent
bloud
,
abuse
of
the
Laws
,
partiality
,
riot
,
extortion
,
murder
,
rape
and
vitious
living
,
have
been
the
guiders
and
leaders
of
the
noble
Realm
of
Englond
,
in
antient
time
among
all
Christian
realms
laudably
reputed
of
great
honour
,
worship
,
and
nobly
drad
of
all
outward
Lands
,
then
being
the
lau●ier
of
honour
,
prowess
and
worthiness
of
all
other
Realms
,
in
the
time
of
the
said
usurpation
fallen
from
that
renown
unto
misery
,
wretchedness
,
desolation
,
shamefull
and
sorrowfull
decline
.
And
to
live
under
the
obeysance
,
governance
and
tuition
of
their
true
right
wise
and
natural
Leige
and
Soveraign
Lord
.
The
Commons
being
in
this
present
Parliament
,
having
sufficient
and
evident
knowledge
of
the
said
unrightwise
usurpation
and
intrusion
by
the
said
Henry
late
Earl
of
Derby
,
upon
the
said
Crown
of
Englond
,
knowing
also
certainly
without
doubt
or
ambiguity
the
right
and
title
of
our
said
Soveraign
Lord
thereunto
,
[
†
](A56189-e113520-b)
†
Nota.
true
,
and
that
by
Gods
Law
,
Mans
Law
,
and
the
Law
of
Nature
,
he
and
none
other
is
and
ought
to
be
their
true
right
wise
and
natural
Liege
and
Soveraign
Lord
.
And
that
he
was
in
right
from
the
death
of
the
said
Noble
and
famous
Prince
his
Fader
,
very
just
King
of
the
said
Realm
of
Englond
.
And
the
said
4.
day
of
March
in
lawfull
possession
of
the
same
Realm
with
the
royal
power
,
preheminence
,
estate
and
dignity
belonging
to
the
Crown
thereof
,
and
of
the
said
Lordship
;
take
,
accept
and
repute
,
and
will
for
ever
take
,
accept
and
repute
the
said
Edward
the
fourth
their
Soveraign
and
liege
Lord
,
and
him
and
his
heirs
to
be
Kings
of
Englond
,
and
none
other
,
according
to
his
said
right
and
title
.
And
beseech
the
same
their
said
Liege
and
Soveraign
Lord
King
Edward
the
fourth
,
that
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
being
in
this
present
Parlement
,
and
by
authority
of
the
same
,
his
right
and
title
to
the
said
Crown
afore
specified
,
be
declared
,
taken
,
accepted
and
reputed
true
and
rightwise
,
the
same
right
and
title
to
abide
and
remain
of
Record
perpetually
,
by
the
said
advice
,
assent
and
authority
.
And
that
it
be
declared
and
judged
by
the
said
advice
,
assent
and
authority
,
that
the
said
Henry
late
Earl
of
Derby
,
for
the
said
[
†
](A56189-e113640-b)
†
Nota.
rearing
of
warr
against
the
said
King
Richard
,
then
his
Soveraign
Lord
,
and
the
violent
taking
,
imprisoning
,
unrightwise
usurpation
,
intrusion
,
and
horrible
cruel
murder
of
him
;
agenst
his
faith
and
ligeance
,
wickedly
and
unjustly
offended
and
hurted
the
Royal
Majesty
of
his
said
Soveraign
Lord
.
And
that
the
same
Henry
unrightwisely
,
agenst
Law
,
conscience
,
and
custom
of
the
said
Realm
of
Englond
,
usurped
upon
the
said
Crown
and
Lordship
.
And
that
he
,
and
also
Henry
late
called
King
Henry
the
fifth
,
his
son
,
and
the
said
Henry
,
late
called
King
Henry
the
sixth
,
the
son
of
the
said
Henry
,
late
called
King
Henry
the
fifth
,
occupied
the
said
Realm
of
Englond
,
and
Lordship
of
Irelond
,
and
[
†
](A56189-e113770-b)
†
Nota.
exercise
the
governance
thereof
by
unrightwise
intrusion
and
usurpation
,
and
in
none
other
wise
.
And
that
the
taking
of
possession
and
entry
into
the
exercise
of
the
Royal
Estate
,
dignity
,
reign
and
governance
of
the
said
Realm
of
Englond
,
and
Lordship
of
Irelond
,
of
our
said
Soveraign
Liege
Lord
King
Edward
the
fourth
the
said
fourth
day
of
March
,
and
the
amotion
of
the
said
Henry
,
late
called
King
Henry
the
sixth
,
from
the
exercise
,
occupation
,
usurpation
,
intrusion
,
reign
and
governance
of
the
same
Realm
and
Lordship
,
done
by
our
said
Soveraign
and
Liege
Lord
King
Edward
the
fourth
,
the
said
fourth
day
of
March
;
was
and
is
rightwise
,
lawfull
,
and
according
to
the
Laws
and
customs
of
the
said
Realm
,
and
so
ought
to
be
taken
,
holden
,
reputed
and
accepted
.
And
over
that
,
that
our
said
Soveraign
and
Liege
Lord
King
Edward
the
fourth
,
the
said
fourth
day
of
March
,
was
lawfully
seised
and
possessed
of
the
said
Crown
of
Englond
in
his
said
right
and
title
,
and
from
thenceforth
have
to
him
and
his
heirs
Kings
of
Englond
,
Englond
,
Wales
and
Irelond
,
and
in
Caleys
,
and
the
Marches
thereof
,
as
the
said
King
Richard
had
in
the
feast
of
Sr.
Matthew
the
Apostle
the
23.
year
of
his
reign
,
in
the
right
and
title
of
the
said
Crown
of
Englond
,
and
Lordship
of
Irelond
,
and
should
after
his
decease
have
descended
to
the
said
Edmund
Mortimer
Earl
of
March
,
son
of
the
said
Roger
Mortimer
Earl
of
March
,
as
to
the
next
heir
of
bloud
of
the
same
King
Richard
after
his
death
,
if
the
said
usurpation
had
not
been
committed
;
or
after
the
decease
of
the
same
Edmund
,
to
his
next
heir
of
blood
by
the
Law
and
custom
of
the
said
Realm
of
Englond
the
Manors
,
Castles
,
Honors
,
Lordships
,
lands
,
tenements
,
possessions
,
and
hereditaments
,
with
their
appurtenances
,
which
come
to
the
hands
of
the
said
King
Richard
by
forfeiture
,
by
force
of
an
Act
made
in
a
Parlement
holden
at
Westminster
the
21.
year
of
his
reign
except
;
the
said
Commons
beseeching
our
said
Liege
Lord
to
have
and
take
all
only
the
issues
and
revenues
of
all
the
said
Castles
,
Manors
,
Lordships
,
Honors
,
lands
,
tenements
,
rents
,
services
,
and
of
other
the
premises
aforesaid
,
with
their
appurtenances
,
except
afore
except
,
from
the
said
fourth
day
of
the
said
moneth
of
March
,
and
not
afore
.
Saving
to
every
of
the
liegemen
and
subjects
of
our
said
Soveraign
and
liege
Lord
King
Edward
the
fourth
,
such
lawfull
title
and
right
,
as
he
,
or
any
other
to
his
use
had
in
any
of
the
premises
the
said
third
day
of
March
,
other
than
he
had
either
of
the
grant
of
the
said
Henry
late
Earl
of
Derby
,
called
King
Henry
the
fourth
,
the
said
Henry
his
son
,
or
the
said
Henry
,
late
called
King
Henry
the
sixth
,
or
by
authority
of
any
pretenced
Parlement
holden
in
any
of
their
dayes
.
And
that
it
be
ordained
,
declared
and
stablished
,
by
the
assent
,
advice
▪
and
authority
aforesaid
,
That
all
Statutes
,
Acts
and
Ordinances
heretofore
made
,
in
and
for
the
hurt
,
destruction
and
avoyding
of
the
said
right
and
title
of
the
said
King
Richard
,
or
of
his
heirs
,
to
ask
claim
,
or
have
the
Crown
,
Royal
power
,
estate
,
dignity
,
preheminence
,
governance
,
exercise
,
possessions
and
Lordship
abovesaid
[
†
](A56189-e114260-b)
†
Nota.
be
voyd
,
and
be
taken
,
holden
,
●nd
reputed
voyd
,
and
for
nought
,
adnulled
,
repealed
,
revoked
,
and
of
no
force
,
value
or
effect
.
to
the
[
†
](A56189-e114300-b)
†
Nota.
horrible
,
detestable
,
cruel
and
inhuman
tyranny
by
the
said
Henry
late
Earl
of
Derby
,
against
his
faith
and
ligeance
done
and
committed
to
the
said
King
Richard
,
his
rightwise
true
and
natural
Liege
and
Soveraign
Lord
,
the
unright
wise
and
unlawfull
usurpation
and
intrusion
of
the
same
Henry
upon
the
said
Crown
of
Englond
and
Lordship
of
Irelond
,
the
great
intollerable
hurt
,
prejudice
,
and
derogation
that
thereby
followed
to
the
said
Edmund
Mortymer
Earl
of
March
,
next
heir
of
blood
of
the
said
King
Richard
,
time
of
his
death
,
and
to
the
heirs
of
the
said
Edmund
,
and
the
great
and
excessive
damage
that
by
the
said
usurpations
and
the
continuance
thereof
hath
grown
to
the
said
Realm
of
Englond
,
and
to
the
politique
and
peaceable
governance
thereof
,
by
inward
wars
moved
and
grounded
by
occasion
of
the
said
Vsurpation
;
It
be
therefore
Ordeined
,
declared
and
stablished
by
the
advice
,
assent
and
authority
aforesaid
,
for
the
more
stablishing
of
the
assured
and
undoubted
inward
rest
and
tranquility
of
the
said
Realm
of
Englond
;
And
for
the
avoyding
of
the
said
usurpation
and
intrusion
very
cause
and
ground
of
the
tribulation
,
persecution
,
and
adversity
thereof
,
that
the
said
Henry
late
Earl
of
Derby
,
&
the
heirs
of
his
body
coming
,
[
†
](A56189-e114450-b)
†
Nota.
be
from
henceforth
unabled
,
and
taken
and
holden
from
henceforth
unable
and
unworthy
,
the
premises
considered
,
to
have
,
joy
,
occupy
,
hold
or
inherit
any
estate
,
dignity
,
preheminence
,
enheritaments
or
possessions
within
the
Realm
of
Englond
,
Wales
or
Irelond
aforesaid
,
or
in
Caleys
or
the
Marches
thereof
.
And
sith
that
the
Crown
,
Royal
estate
,
dignity
and
Lordship
above
rehearsed
,
of
right
appertained
to
the
said
Noble
Prince
Richard
Duke
of
York
;
in
a
pre●ence
Parliament
by
him
and
his
usurped
authority
holden
at
Coventree
the
38
year
of
his
usurped
Reign
,
without
cause
lawfull
or
reasonable
,
declared
and
judged
the
same
noble
Prince
Richard
,
and
the
Noble
Lords
his
Sons
,
that
is
to
wit
Edward
then
Earl
of
March
,
and
now
the
King
our
Soveraign
Lord
abovesaid
,
and
Edmund
Earl
of
Ruthland
,
to
be
his
Rebels
and
Enemies
,
them
,
and
all
their
issue
dis-inheriting
of
all
name
,
state
,
title
,
and
preheminence
,
tenements
,
possessions
and
enheritaments
for
evermore
,
cruelly
,
wickedly
and
unjustly
,
and
agenst
all
humanity
,
right
and
reason
;
whereby
the
said
noble
Prince
Richard
and
his
sons
above
named
,
were
compelled
by
the
dread
of
death
to
absent
them
for
a
time
out
of
this
Realm
of
Englond
,
the
natural
land
of
their
birth
,
unto
their
intollerable
hurt
,
prejudice
,
heavinesse
and
discomfort
.
And
where
after
these
the
said
noble
Prince
Richard
Duke
of
York
using
the
benefice
of
the
Law
of
Nature
,
and
sufficiently
accompanied
for
his
defence
and
recovery
of
his
right
to
the
said
Crown
of
the
said
Realm
came
thereunto
,
not
then
having
any
Lord
therein
above
him
but
God
.
And
in
the
time
of
a
Parliament
holden
by
the
said
Henry
,
late
called
King
Henry
the
sixth
,
the
sixth
day
of
October
,
the
39
year
of
his
said
usurped
reign
,
intended
to
use
his
right
,
and
to
enter
into
the
exercise
of
the
royal
powers
,
dignitees
,
and
Lordships
abovesaid
,
as
it
was
lawfull
,
and
according
to
Law
,
reason
,
and
justice
him
so
to
doe
;
and
thereupon
shewed
,
opened
,
declared
,
and
proved
his
right
and
title
to
the
said
Crown
,
to
fore
the
Lords
Spiritual
and
temporal
,
and
Commons
being
in
the
same
Parlitment
,
by
antient
matters
of
sufficient
and
notable
Record
,
undefaisible
;
whereunto
it
could
not
be
answered
or
replyed
by
any
matter
that
of
right
ought
to
have
deferred
him
then
from
the
possession
thereof
;
yet
nevertheless
for
the
tender
zeal
,
love
,
and
affection
that
the
same
Duke
bare
of
Godly
and
blessed
vertues
,
and
natural
disposition
to
the
restfull
governance
and
pollicy
of
the
same
Realm
,
and
the
Common
wele
thereof
,
which
he
loved
all
his
life
,
desired
and
preferred
afore
all
other
things
earthly
,
though
,
all
the
seid
Lords
spiritual
and
temporal
,
after
long
and
mature
deliberation
by
them
had
by
good
advice
,
upon
the
said
right
and
title
,
and
the
authorities
and
Records
proving
the
same
,
the
answers
thereunto
gives
,
and
the
repl●cations
to
the
same
made
,
knew
the
same
right
and
title
true
,
by
them
and
the
seid
Commons
so
declared
,
accepted
and
admitted
in
the
same
Parliament
.
I●
liked
him
,
at
the
grete
instance
,
desire
and
request
of
the
seid
Lords
,
solemnply
,
and
many
times
unto
him
made
,
to
assent
and
grant
unto
a
convention
,
concord
and
agreement
between
the
seid
Henry
,
late
called
King
Henry
the
sixth
on
that
op●party
,
and
him
on
that
other
,
upon
the
seid
right
and
title
by
the
same
late
called
King
,
by
the
advice
and
assent
of
the
seid
Lords
Spiritual
and
Temporal
,
and
Commons
,
being
in
the
seid
Parliament
auctorized
,
in
the
same
,
comprehending
,
among
other
,
that
the
seid
Vsurper
,
late
called
King
Henry
the
sixt
,
understanding
certainly
the
seid
title
of
the
said
Richard
Duke
of
York
,
just
,
lawfull
,
true
and
sufficient
,
by
the
advis
and
assent
of
the
Lords
Spiritual
and
Temporal
,
and
Commyns
in
the
seid
Parliament
assembled
,
and
by
authorite
of
the
same
,
declared
approved
,
ratified
,
confirmed
and
accepted
the
seid
title
,
just
,
good
,
lawfull
and
true
,
and
thereunto
gave
his
assent
and
agrreement
of
his
free
will
and
liberty
;
And
over
that
by
the
seid
advis
and
auctorite
,
declared
,
affirmed
,
and
reputed
the
seid
Richard
Duke
of
York
very
true
and
rightfull
heir
to
the
Crowns
,
Royal
estate
and
dignite
of
the
Realms
of
Englond
&
France
,
and
Lordship
of
Irelond
aforeseid
:
And
that
according
to
the
worship
and
reverence
thereto
belonging
,
he
should
be
taken
,
accepted
and
repu●ed
in
worship
and
reverence
by
all
the
Estates
and
persons
of
the
seid
Realm
of
Englond
.
The
seid
Usurper
late
called
King
Henry
the
sixth
,
saving
and
reserving
to
himself
the
seid
Crowns
,
Realms
,
royal
estate
,
dignite
and
preheminence
of
the
same
,
and
the
seid
Lordship
of
Ireland
during
his
life
natural
.
And
further
more
by
the
same
advice
and
authoti●e
would
,
consented
and
agreed
,
that
after
his
decease
,
or
when
it
should
please
him
to
lay
from
him
the
seid
Crowns
,
estate
,
dignity
,
and
Lordship
,
or
thereof
ce●●ede
,
the
seid
Richard
Duke
of
York
and
his
heirs
should
immediately
succeed
him
in
the
seid
Crowns
,
Royal
Estate
,
dignity
and
Lordship
,
and
them
then
have
and
enjoy
,
any
Act
of
Parliament
,
Statute
,
Ordinance
or
any
thing
to
the
contrary
made
,
or
interruption
,
or
discontinuance
of
possession
notwithstanding
:
And
if
any
person
or
persons
from
thencefor●h
imagined
or
compaced
the
death
of
the
seid
Richard
Duke
of
York
,
it
be
deemed
and
judged
high
Treason
,
in
manner
and
form
as
it
is
specified
in
the
seid
Act
;
And
that
the
seid
Noble
Prince
Richard
Duke
of
York
,
by
way
and
consideration
of
recompence
for
his
abstaining
for
a
time
of
the
exercise
of
the
seid
royal
power
of
the
benigne
and
noble
disposition
that
he
bare
to
the
said
Common
wele
,
and
to
the
rest
and
tronquillity
of
the
seid
Realm
,
should
have
Castles
,
Mannors
,
lands
and
tenements
to
the
value
of
10
Mil.
Marc.
whereof
the
Earldom
and
City
of
Chester
was
parcel
,
assigned
to
the
said
Duke
by
special
Act
made
in
the
seid
Parliament
,
the
which
Earldom
and
City
the
seid
Duke
gave
among
other
unto
our
seid
Soveraign
Lord
then
being
Earl
of
March
,
as
parcel
of
Manors
,
Lordships
,
lands
and
tenements
of
the
yearly
value
of
3
Mil.
Marc.
which
,
by
vertue
of
the
seid
convention
and
concord
,
and
the
Act
thereof
made
,
was
given
unto
him
for
the
sustentation
of
his
estate
;
abiding
and
persevering
like
a
true
Christian
and
honourable
Prince
,
in
full
purpose
to
keep
and
observe
the
seid
Convention
and
concord
for
his
party
,
trusting
verily
that
the
seid
Usurper
Henry
,
late
called
King
Henry
the
sixth
,
would
have
truly
,
faithfully
,
justly
keped
and
observed
for
his
party
the
same
convention
and
concord
inviolable
,
as
by
Law
,
reason
,
Princely
honour
and
duty
he
was
bounden
to
doe
;
and
not
have
departed
and
varied
from
such
convention
made
of
so
high
and
so
great
authority
as
it
was
made
,
whereunto
neither
our
seid
Soveraign
Lord
,
ne
the
seid
noble
Prince
assented
,
but
without
prejudice
of
the
seid
right
and
ritle
,
as
it
is
plainly
specified
in
the
s●id
Act
made
upon
the
seid
convencion
and
Concord
,
and
under
protestation
and
condition
,
that
the
seid
Usurpour
shuld
kepe
and
perform
without
fraude
or
male
ingyne
,
all
things
therein
contained
for
his
seid
party
,
declared
openly
by
their
mouths
in
the
presens
and
heryng
of
the
said
Lords
in
the
seid
Parliament
,
and
therein
enacted
of
Record
,
at
the
grete
instaunce
and
prayer
of
the
same
Usurpour
,
late
called
King
Henry
the
sixth
;
And
at
the
solempne
request
of
all
the
seid
Lords
,
for
the
tender
and
special
zele
,
love
,
and
affection
that
he
bare
to
the
rest
of
the
seid
Realm
,
and
to
the
Commyn
wele
and
policy
thereof
,
toke
his
viage
of
good
,
blessed
and
vertuous
intent
,
and
disposition
toward
the
North
parties
of
the
said
Realm
,
to
repress
and
subdue
certain
riots
,
rebellions
,
insurrections
,
and
commotions
there
begun
.
And
the
premises
notwithstanding
the
seid
Henry
Usurpour
,
late
called
King
Henry
the
sixth
,
continuing
in
his
old
rancour
malice
,
using
the
fraud
and
malicious
disceit
and
dissimulation
agenst
trouth
and
conscience
that
accord
not
with
the
honour
of
eny
cristen
Prince
,
to
th
entent
that
the
said
Agrement
,
concord
and
Act
shuld
take
no
due
effect
:
And
into
the
frustacion
of
the
same
in
the
matiers
and
things
above
reherced
;
that
is
to
say
,
that
neither
the
seid
Richard
Duke
shuld
have
ne
enjoy
the
same
Castells
,
Manoirs
,
lands
and
tenements
,
name
,
title
,
reverence
and
worship
above
reherced
,
neither
he
ne
his
sons
and
heirs
succeed
in
the
seid
Corones
,
Royal
estate
,
dignity
,
lordship
,
after
the
tenure
,
fourm
and
effect
of
the
said
agreement
,
concord
and
Act
,
with
all
subtil
imaginacions
and
disceitful
ways
and
means
to
him
possible
intended
,
and
covertely
laboured
,
excited
and
procured
the
final
destruction
,
murdre
and
death
of
the
said
Richard
Duke
,
and
of
his
Sons
,
that
is
to
sey
of
our
seid
new
Soveraign
Lord
King
Edward
the
fourth
,
then
Earl
of
March
,
and
of
the
noble
Lord
Edmund
Earl
of
Ruthlande
:
And
for
the
execution
of
his
dampnable
and
malicious
purpose
,
by
writing
and
other
messages
,
moeved
,
excited
and
stirred
thereunto
the
Dukes
of
Excester
and
Somerset
,
and
other
Lords
,
being
then
in
the
North
parties
of
this
Realm
;
whereupon
at
Wakefeld
in
the
Shire
of
York
,
the
seid
Duke
of
Somerset
falsely
and
traiterously
the
same
Noble
Prince
,
Duke
of
York
,
on
Teiusday
the
30
day
of
Decemb.
last
passed
,
horribly
,
cruelly
,
traiterously
murdered
,
And
also
the
worthy
and
good
Lords
Edmund
Earl
of
Ruthland
,
Brother
of
our
seid
Soveraign
Lord
,
and
Richard
Earl
of
Salesbury
.
And
not
therwith
content
,
of
their
insatiable
malice
after
that
they
were
dede
made
them
to
beheaded
with
abhomynable
cruelte
and
horrible
despite
,
agenst
all
humanite
and
nature
of
Nobles
,
And
after
that
the
same
Henry
Usurpour
gretely
and
wonderfuly
joying
the
seid
dolorous
and
piteous
murder
of
the
same
noble
Prince
and
worthy
Lords
,
to
the
Realm
,
an
heavy
and
a
lamentable
sorrow
,
and
lost
;
forthwith
,
and
oftentimes
after
openly
declared
to
divers
Lords
of
the
same
Realm
,
That
he
would
not
in
any
wise
kepe
the
seid
Convencioun
and
accord
,
ne
the
act
thereof
made
:
and
to
the
infraccion
and
violatiation
of
the
said
convention
and
concord
,
not
only
sent
Letters
made
under
his
prive
Seal
unto
certain
Knights
and
Squiers
,
commaunding
and
charging
them
by
the
same
,
to
spoil
and
disseise
our
seid
Soveraign
Lord
by
the
name
of
Earl
of
March
,
of
his
possession
of
the
seid
Earldom
and
Citee
of
Chester
,
whereof
he
was
lawfully
possessed
and
seased
by
vertue
and
reason
of
the
seid
Convencion
and
Concord
,
but
also
of
extreme
violence
,
utter
and
final
breche
of
his
party
of
the
seid
convencions
and
concord
,
sent
out
writs
under
his
Seal
to
the
Mayer
,
Aldermen
,
and
Commonalte
of
the
Citee
of
London
,
bering
date
the
22
day
of
Feverere
last
past
,
and
other
like
Writs
to
divers
Officers
,
Governours
,
and
Ministers
of
divers
other
Citees
,
and
to
many
Shires
and
Burroughs
of
the
seid
Realm
,
to
make
fals
,
untrue
and
injust
proclamations
against
our
seid
Soveraign
and
Liege
Lord
K.
Ed.
the
4th
.
by
the
name
of
Ed.
late
E.
of
March
,
to
provoke
and
excite
his
destruction
.
And
also
by
his
Letters
signed
with
his
hand
directed
unto
the
seid
Dukes
of
Excester
and
Somerset
,
and
other
Lords
refused
and
denied
to
keep
and
observe
the
seid
accord
,
convention
and
agreement
,
and
by
the
same
writing
falsifying
his
promise
,
departed
from
the
same
Convention
and
accord
,
afore
either
the
same
our
Soveraign
Lord
,
or
the
seid
noble
Prince
his
Fader
any
thing
did
,
or
attempted
to
the
contrary
of
the
same
convention
and
concord
for
their
partie
.
Be
it
declared
and
juged
by
the
seid
advis
,
assent
and
authorite
,
the
premises
considered
,
Henry
the
sixth
,
agenst
good
faith
,
troth
,
conscience
,
and
his
honour
,
brake
the
seid
Convention
and
concord
,
and
departed
therefrom
of
wilfull
malice
long
afore
the
seid
fourth
day
of
March
,
as
by
the
matters
afore
declared
it
appeareth
sufficiently
:
And
that
the
breche
thereof
on
his
partie
,
discharged
our
seid
Soveraign
Lord
of
all
things
that
should
or
might
charge
him
to
the
keeping
thereof
in
any
Article
or
point
after
the
seid
breche
.
And
that
he
was
then
at
his
freedom
and
liberty
to
use
his
said
right
and
title
of
the
seid
Crownes
,
and
to
enter
into
the
exercise
thereof
,
and
of
the
Royal
power
,
dignite
and
preheminence
longing
thereunto
,
as
he
lawfully
did
in
manere
and
fourm
above
specified
,
the
seid
convention
and
concord
,
and
the
Acte
thereupon
made
,
or
any
thing
therein
conteined
notwithstanding
.
And
over
this
it
be
declared
and
juged
by
the
seid
advis
,
assent
and
authorite
,
that
the
seid
agreement
,
concord
,
and
Act
,
in
all
things
which
been
in
any
wise
repugnant
or
contrary
to
the
seid
right
,
title
,
entree
,
state
,
seasen
and
possession
of
our
Soveraign
Lord
King
Edward
the
fourth
,
in
and
to
the
Crown
Royal
,
estate
,
dignite
and
Lordship
above
said
,
be
void
and
of
no
force
ne
effect
.
And
that
it
be
Ordeyned
and
stablished
by
the
seid
assent
,
advis
and
authorite
,
that
every
person
having
any
parcel
of
the
seid
Castles
,
Manors
,
Lands
,
Honours
,
tenements
,
rents
,
services
,
possessions
or
hereditaments
aboveseid
,
the
which
were
given
in
exchange
,
or
in
recompence
of
or
for
any
other
Manors
,
Castles
,
lands
,
tenements
,
rents
,
advowsons
,
fee-farms
,
reversions
,
or
any
other
possessions
or
enheritaments
given
to
the
seid
Henry
late
Earl
of
Derby
,
to
the
seid
Henry
his
son
,
late
called
King
Henry
the
fifth
,
or
to
the
seid
Henry
his
son
late
called
King
Henry
the
sixth
,
or
to
any
other
person
or
persones
to
or
for
their
or
any
of
their
use
at
their
or
any
of
their
desire
,
or
to
perform
&
execute
their
or
any
of
their
wille
,
mowe
,
entre
;
And
that
they
and
their
heirs
and
successors
entre
into
the
same
Manors
,
Castles
,
Lands
,
tenements
,
rents
,
services
,
possessions
,
advowsons
or
hereditaments
so
given
,
And
them
have
,
hold
,
keep
,
joy
,
occupy
and
inherit
of
like
estate
as
the
giver
or
givers
thereof
had
them
at
the
time
of
the
gift
thereof
made
,
though
it
be
so
that
in
any
of
the
Letters
Patents
or
gifts
made
of
any
of
the
premises
,
no
mention
be
made
of
any
recompence
or
eschange
.
Qua
quidem
petitione
in
Parliamento
praedicto
lecta
,
audita
,
&
plenius
intellecta
,
de
avisamento
&
assensu
Dominorum
Spiritualium
&
Temporalium
in
eodem
Parliam
.
existen
.
&
ad
requisitionem
Communitatis
praedictae
,
respondebatur
eidem
,
modo
&
forma
hic
Inferius
annotatis
.
The
King
,
by
the
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
in
this
present
Parliament
assembled
,
at
the
request
of
the
Commyns
being
in
the
same
,
agreeth
and
assenteth
to
this
Petition
,
and
it
accepteth
,
with
certain
moderations
,
provisions
and
exceptions
by
his
Highness
thereupon
made
,
and
in
schedules
written
,
and
in
the
same
Parliament
delivered
,
the
tenours
of
which
hereunder
follow
,
&c.
Convenit
cum
Recordo
.
This
Judgement
,
censure
,
repeal
in
full
Parliament
of
the
deposition
and
proceeding
against
King
Richard
the
2.
upon
the
Commons
own
Petition
,
by
this
Act
,
never
yet
reversed
,
as
most
wicked
,
treasonable
,
unrighteous
,
against
Gods
Laws
and
Mans
,
crying
for
vengeance
in
Gods
hearing
in
heaven
,
and
exemplarily
punished
upon
the
whole
kingdom
,
Nation
,
and
Henry
the
4.
his
posterity
on
earth
,
with
the
sad
intestine
warres
,
miseries
that
attended
it
,
are
sufficient
arguments
of
its
unlawfulness
&
detestableness
,
against
all
those
who
deem
it
just
,
or
allege
it
for
a
president
to
justifie
their
extravagances
of
a
more
execrable
and
transcendent
Nature
.
16ly
,
It
is
very
observable
,
that
Roger
Mortimer
,
Earl
of
March
,
who
had
the
chief
hand
in
deposing
,
murthering
King
Edward
the
2.
after
he
was
deposed
,
was
[
(o)
](A56189-e115710-b)
(o)
Henry
de
Knyghton
,
de
Event
.
Angl.
l.
3.
c.
16.
col.
2556
,
2557
,
2558.
in
the
Parliament
of
4
E.
3.
condemned
and
executed
for
it
as
a
Traytor
,
without
any
legal
trial
,
all
his
lands
confiscated
;
and
Queen
Isabel
her self
(
who
concurred
with
him
)
like
to
be
questioned
for
her
life
and
abridged
in
her
maintenance
.
Moreover
,
King
Richard
the
2.
Granchild
and
next
heir
to
King
Edward
the
3.
who
imprisoned
,
deposed
and
invaded
his
Fathers
throne
,
(
though
somewhat
against
his
will
)
was
imprisoned
,
deposed
,
proceeded
against
in
the
self
same
manner
as
Edw.
the
2.
was
,
by
his
very
president
,
and
soon
after
murdered
(
like
as
Edw.
the
2.
was
)
by
King
Henry
the
4.
After
which
king
Henry
the
4.
his
Granchild
,
Henry
the
6.
was
also
in
the
self
same
manner
,
imprisoned
,
deposed
,
attainted
of
high
Treason
,
with
his
Queen
and
Adherents
in
the
Parliament
of
1
Edw.
4.
n.
8.
to
33.
and
at
last
murdered
by
Edw.
the
4.
his
procurement
,
to
secure
the
Crown
to
himself
and
his
Posterity
.
Yet
no
sooner
was
King
Edw.
the
4.
dead
,
but
his
own
Brother
[
(p)
](A56189-e115850-b)
(p)
See
Sir
Tho.
Moor
,
Hall
Holinshed
,
Grafton
,
Speed
,
Baker
,
in
R.
3.
An
Exact
abridgment
,
p.
709
,
710
,
711
,
&c.
Richard
Duke
of
Gloucester
,
(
who
by
his
instigation
murdered
King
Henry
the
6.
with
his
own
hands
)
procuring
himsel●
to
be
Protector
of
his
son
,
King
Edw.
the
5.
then
young
,
getting
his
Brother
and
him
into
his
custody
by
treachery
,
perjury
,
and
hypocrisie
,
caused
them
both
to
be
barbarously
murdered
,
to
set
the
Crown
on
his
own
head
;
which
he
most
ambitiously
aspired
after
,
yet
seemed
unwilling
to
embrace
,
till
enforced
to
accept
it
,
by
a
Petition
and
Declaration
(
drawn
up
by
his
own
Instruments
)
presented
to
him
,
in
the
name
of
the
Lords
Spiritual
and
Temporal
,
and
Commons
of
the
Realm
of
England
;
wherein
he
branded
his
Brother
king
Edw.
the
fourth
his
marriage
,
as
illegal
,
and
his
issue
as
illegitimate
;
aspersed
his
Life
and
Government
,
as
one
by
whom
the
Laws
of
God
,
of
Gods
Church
,
of
the
Land
,
and
of
nature
,
and
also
the
laudable
Customs
and
Liberties
of
England
(
wherein
every
English
man
is
inheritor
)
were
broken
,
subverted
,
contemned
,
against
all
reason
and
justice
;
So
that
the
Land
was
ruled
by
self-will
and
pleasure
,
fear
and
dread
,
all
manner
of
Equity
and
Law
laid
apart
and
despised
,
so
that
no
man
was
sure
of
his
life
,
land
,
or
livelihood
;
and
many
inward
discords
,
battels
,
effusion
of
much
Christian
bloud
,
and
destruction
of
the
Nobles
bloud
of
this
land
,
ensued
and
were
committed
through
all
the
Realm
,
unto
the
great
sorrow
and
heaviness
of
all
true
Englishmen
.
And
then
he
declared
himself
,
undoubted
heir
and
inheritor
of
the
Crown
by
descent
,
grounded
on
the
Laws
of
God
and
Nature
,
and
the
antient
Laws
and
laudable
Customes
of
this
Realm
;
yet
for
further
security
superadded
another
Title
,
of
lawfull
Election
by
the
three
Estates
in
Parliamen●
;
then
he
intayled
the
Crown
upon
the
issue
of
his
body
begotten
,
and
declared
his
son
Prince
Edward
to
be
his
heir
apparent
,
to
succeed
him
in
the
Crown
and
royal
Dignity
by
Act
of
Parliament
,
which
he
ratified
with
his
own
royal
assent
.
This
done
,
he
reputed
the
Crown
cock-sure
to
him
and
his
heirs
for
all
generations
.
Yet
notwithstanding
all
his
Machiavilian
Policies
,
Power
,
Vigilancy
,
care
,
industry
to
secure
his
usurped
Royalty
,
by
the
murther
of
two
Kings
and
many
others
,
(
some
of
them
most
instrumental
to
advance
him
to
the
royal
Throne
)
before
he
had
worn
the
Crown
full
3.
years
,
Henry
Earl
of
Derby
laying
Title
it
,
and
landing
in
Wales
only
with
2000
soldiers
,
King
Richards
own
Souldiers
,
Friends
and
others
revolting
from
him
,
and
joyning
with
the
Duke
;
he
was
slain
in
Posworth
field
,
and
lost
both
his
life
and
Crown
together
,
if
not
his
soul
for
all
eternity
:
and
by
the
Statute
of
1
H.
7.
c.
6.
he
was
declared
an
Usurper
of
the
Realm
.
So
unable
are
Parliaments
themselves
to
secure
Crowns
on
Usurpers
heads
,
or
to
entayl
them
for
any
long
continuance
on
their
Posterities
;
as
these
sad
tragical
domestick
presidents
of
later
times
with
sundry
antienter
demonstrate
.
[
(q)
](A56189-e116150-b)
(q)
See
Hall
,
Grafton
,
Speed
,
Holinshed
,
Sir
Francis
Bacon
,
in
his
life
▪
King
Henry
the
seventh
,
having
gained
actual
possession
of
the
Crown
,
as
right
heir
thereunto
by
the
Lancastrian
line
,
and
espoused
the
better
title
of
York
,
by
marrying
the
heir
female
;
to
secure
himself
and
his
adherents
for
the
future
,
if
any
wars
should
arise
about
these
dubious
litigious
Titles
by
Perkin
Warbecks
or
others
claims
,
confirmed
by
several
Acts
of
Parliament
,
and
Successions
of
Kings
of
both
Houses
,
claiming
both
as
next
heirs
of
the
antient
royal
Line
;
not
to
secure
any
future
Usurpers
,
without
just
right
or
title
,
though
not
of
the
old
bloud
Royal
,
if
once
Kings
de
facto
,
as
[
(1)
](A56189-e116300-b)
(1)
3
Instit.
f.
7.
Sir
Edward
Cooke
seems
to
intimate
,
and
some
ignorant
Lawyers
assert
,
(
against
the
intent
and
Prologue
of
the
Act
it self
,
)
caused
it
to
be
enacted
,
11
H.
7.
c.
1.
That
from
henceforth
no
person
or
persons
whatsoever
,
that
attend
upon
THE
KING
and
Soveraign
Lord
of
this
Land
for
the
time
being
in
his
person
,
and
do
him
true
and
faithfull
Service
of
allegeance
in
the
same
,
or
be
in
other
places
by
his
commandment
in
the
warrs
within
the
Land
or
without
;
shall
for
the
said
deed
,
and
true
duty
of
allegiance
,
be
in
no
wise
convict
or
attaint
of
High
Treason
,
or
other
offences
for
that
cause
by
Act
of
Parliament
,
or
otherwise
,
by
any
process
of
Law
,
whereby
he
or
any
of
them
shall
lose
or
forfeit
life
,
lands
,
goods
,
chattels
,
or
any
other
things
;
but
to
be
for
that
deed
and
service
utterly
discharged
of
any
vexation
,
trouble
or
loss
.
And
if
any
Act
or
Acts
,
or
any
other
process
of
the
Law
hereafter
thereupon
for
the
same
happen
to
be
made
,
contrary
to
this
Ordinance
,
that
then
that
Act
or
Acts
,
or
other
process
of
the
Law
,
whatsoever
they
shall
be
,
shall
stand
&
be
utterly
void
:
The
reason
is
rendred
in
the
Prologue
;
That
it
is
not
reasonable
,
but
against
all
Laws
,
reason
and
good
conscience
,
that
the
said
Subjects
going
with
their
Soveraign
Lord
in
wars
,
attending
upon
his
person
,
or
being
in
other
places
,
by
his
commandment
,
within
this
Land
or
without
,
any
thing
should
lose
or
forfeit
for
doing
their
true
duty
and
service
of
Allegiance
.
This
Act
(
which
some
conceive
to
be
only
[
†
](A56189-e116430-b)
†
See
1
H.
7.
c.
6.
personal
and
temporary
for
Henry
the
7.
alone
)
could
not
secure
the
Heads
,
Lives
,
Liberties
,
Lands
,
Offices
,
Goods
or
Chattels
of
those
Lords
,
Gentlemen
,
and
other
English
Subjects
,
from
Executions
,
Imprisonments
,
Banishments
,
Forfeitures
,
Sequestrations
,
who
accompanied
,
assisted
our
late
King
in
his
warrs
against
the
Parliament
,
though
King
de
facto
,
and
de
jure
too
,
without
any
competitor
:
[
(2)
](A56189-e116530-b)
(2)
See
An
Exact
abridgment
,
p.
150
,
151
,
259
,
260
,
261
,
299
,
300
,
576
,
611
,
612.
The
History
of
Independency
,
Part.
2.
Both
Houses
declaring
them
to
BE
TRAYTORS
,
and
sequestring
,
proceeding
against
them
as
Traytor
,
yea
our
Grandees
since
have
executed
them
as
such
,
in
their
new
erected
High
Courts
:
How
then
it
can
totally
indemnify
any
Perkin
Warbecke
,
Jack
Cade
,
or
apparent
Usurpers
of
the
Crown
without
right
or
Title
,
who
shall
per
fas
aut
nefas
,
get
actual
possession
of
the
Royal
throne
,
and
be
Kings
de
facto
;
or
secure
all
those
who
faithfully
adhere
unto
them
(
though
to
dispossess
the
King
de
jure
,
or
his
right
heir
of
their
just
royalty
and
right
,
against
all
Laws
of
God
,
man
,
all
rules
of
justice
,
and
their
very
Oathes
of
Allegiance
,
Supremacy
,
Homage
,
Fealty
,
Protestations
,
Leagues
,
Covenants
formerly
made
unto
them
)
from
all
sutes
,
vexations
,
losses
,
forfeitures
whatsoever
,
and
null
all
Act
or
Acts
,
and
legal
Process
made
against
them
(
as
many
Grand
Lawyers
now
conceive
it
doth
)
transcends
both
my
Law
and
reason
too
.
That
opinion
of
Sir
Edward
Cooke
3.
Instit.
f.
7.
&
9
E.
4.
f.
1.
b.
(
whereon
this
erronious
Gloss
is
grounded
)
That
a
King
regnant
in
possession
of
the
Crown
and
kingdom
,
though
he
be
Rex
de
facto
,
&
non
de
jure
;
yet
he
is
,
Seignior
le
Roy
,
within
the
purview
of
the
Statute
of
25
E.
3.
ch.
2.
of
Treason
:
and
the
other
King
that
hath
right
and
is
out
of
possession
,
IS
NOT
WITHIN
THIS
ACT.
Nay
,
if
Treason
be
committed
against
a
King
de
facto
,
et
non
de
jure
,
and
after
the
King
de
jure
cometh
to
the
Crown
,
he
shall
punish
the
Treason
done
to
the
King
de
facto
.
And
a
pardon
granted
by
a
King
de
jure
,
that
is
not
also
de
facto
,
is
voyd
:
being
no
doubt
a
very
dangerous
,
and
pernicious
Error
both
in
Law
and
policy
,
perverting
those
Laws
which
were
purposely
made
for
the
preservation
of
the
Lives
,
Crowns
,
Rights
,
Titles
,
Persons
of
lawfull
Kings
,
against
all
attempts
,
Treasons
,
Rebellions
against
them
;
and
for
the
exemplary
punishment
of
all
Traytors
,
Rebels
,
Usurpers
who
should
rebel
,
wage
warr
,
or
attempt
any
Treason
,
Conspiracy
against
their
royal
Persons
,
Crowns
,
Dignities
,
Titles
;
into
a
meer
Patronage
of
Traytors
,
Rebels
,
Usurpers
and
a
Seminary
of
endless
Treasons
,
Assassinations
,
Conspiracies
against
them
;
by
indemnifying
,
exempting
both
them
and
their
Confederates
from
all
legal
prosecutions
,
penalties
,
forfeitures
whatsoever
,
if
they
can
but
once
gain
actual
possession
of
the
Crown
by
any
means
,
upon
the
forcible
expulsion
,
deposition
,
assassination
,
or
murder
of
the
King
de
jure
.
Which
if
once
declared
for
Law
,
I
appeal
to
all
Lawyers
,
Polititians
,
Statesmen
whatsoever
,
whether
it
would
not
presently
involve
our
kingdoms
in
endless
,
perpetual
Rebellions
,
Usurpations
,
War
,
Regicides
,
as
it
did
the
Norwegians
heretofore
:
where
by
a
kind
of
Law
and
Custom
,
as
our
[
(3)
](A56189-e116860-b)
(3)
Hist.
Angl.
l.
3.
c.
8.
p.
233
,
234.
Gulielmus
Nubrigensis
relates
:
Q●cunque
Rege
tyrannice
occiderat
,
eo
ipso
personam
et
potestatem
Regiam
induens
,
suo
quoque
occisori
tandem
post
modicum
fortunam
inveteratae
consuetudinis
lege
relicturus
.
Quippe
ut
dicitur
)
à
centum
retrò
annis
et
eo
amplius
,
cum
Regum
ibidem
numerosa
successio
fuerit
,
Nullus
eorum
senio
aut
morbo
vitam
finivit
,
fed
omnes
ferro
interiere
,
suis
interfectoribus
,
tanquam
legitimis
successoribus
,
regni
fastigium
relinquentes
:
ut
scilicet
omnes
qui
tanto
tempore
ibidem
imperasse
noscuntur
,
illud
quod
Scriptum
est
respicere
videatur
;
[
†
](A56189-e116900-b)
†
1
Kings
21.19
.
OCCIDISTI
INSUPER
ET
POS
SEDISTI
.
Wherefore
to
prevent
the
dangerous
Consequences
of
these
false
Glosses
on
the
Statutes
of
25
E.
3.
c.
2.
&
11
H.
7.
c.
1.
I
shall
lay
down
these
infallible
grounds
:
1.
That
all
[
(4)
](A56189-e116920-b)
(4)
See
Fortesc●e
,
de
Laudibus
legum
Angliae
.
publike
Laws
are
and
ought
to
be
founded
in
Justice
,
righteousnes
,
and
common
honesty
,
for
the
preserving
,
securing
the
lives
,
persons
,
estates
of
all
men
,
especially
of
lawful
Kings
and
Supreme
Magistrates
from
all
violence
,
invasion
force
,
disseisins
,
usurpations
,
conspiracies
,
assassinations
,
(
being
against
all
rules
of
Law
and
Justice
,
)
Exod.
20.12
.
to
18.
c.
21
,
&
22.
&
23.
Mat.
5.17
.
to
48.
c.
7.
12.
Deut.
4.18
.
Psal.
19.8.9
.
Ps.
119.7.106
,
137
,
138·160
,
167.
Rom.
7.12
.
Deut.
6.25
.
Ps.
33.5
.
Ps.
45.7
.
Ps.
72.2
.
Ps.
74.15
.
Prov.
8.18
.
Prov.
24.21
.
Rom.
13.1
.
to
7.
Lu.
20.25
.
Tit.
3.1
,
2
,
3.
1
Tim
1.9
,
10.
Job
20.19
.
c.
24.2
.
Mich.
2.1
,
2
,
3
,
4.
Jer.
6.7
.
c.
20.8
.
c.
22.3.17
.
Ezech.
45.
c.
Hab.
1
,
2.
to
10.
Lu.
3.14
,
Whence
[
(5)
](A56189-e116940-b)
(5)
De
Legibus
,
p.
490.
Cicero
thus
defines
Law
;
Lex
est
ratio
summa
,
insita
in
natura
,
quae
jubet
ea
(
justa
)
quae
facienda
sunt
,
prohibe
que
contraria
.
Therefore
these
2.
Statutes
were
purposely
made
for
those
great
ends
,
and
ought
to
be
interpreted
onely
for
the
best
advantage
of
Lawfull
Kings
and
their
adherents
;
not
for
the
indemnity
,
impunity
,
encouragement
of
Traytors
,
Rebels
,
Intruders
,
Usurpers
.
2ly
,
What
[
(5)
](A56189-e116970-b)
(5)
De
Inventio
:
p.
50.
Tully
writes
of
the
Roman
Senators
,
we
ought
to
doe
the
same
of
our
English
Parliaments
and
Legislators
:
Ea
virtute
et
sapientia
majores
nostri
fuerunt
,
ut
legibus
scribendis
nihil
sibi
aliud
quam
salutem
atque
utilitatem
reipublicae
proponerent
.
Whence
he
there
inferrs
:
A
Legibus
nihil
convenit
arbitrari
,
nisi
quod
reipublicae
conducat
,
proficisci
;
quoniam
ejus
causa
sunt
comparatae
.
Therefore
these
Laws
are
to
be
interpreted
for
the
best
security
,
safety
,
preservation
of
the
lawfull
heads
of
the
Commonwealth
,
and
their
rightfull
heirs
and
loyal
dutifull
subjects
;
not
for
their
destruction
,
and
the
indemnity
,
security
of
Usurpers
,
Traytors
,
Rebels
,
aspiring
after
their
Crowns
,
Thrones
,
Assassinations
,
to
the
publike
ruine
.
3ly
,
All
the
branches
of
the
Statute
of
25
E.
3.
c.
2.
(
made
at
the
special
request
of
the
Lords
and
Commons
,
and
that
by
a
lawful
King
at
that
season
)
declare
this
Statute
to
be
meant
only
of
a
lawful
King
whiles
living
,
whether
in
or
out
of
actual
possession
of
the
Realm
,
not
of
a
bare
Usurper
in
possession
without
right
,
as
Sir
Edward
Cooke
expounds
it
:
[
(6)
](A56189-e117040-b)
(6)
See
Cooks
8
Report
.
s
.
28.
else
it
will
necessarily
follow
That
it
shall
be
no
Treason
at
all
to
compasse
or
imagine
the
death
of
the
King
de
jure
(
if
once
dispossessed
for
a
time
by
Violence
and
Treason
)
or
of
his
Queen
,
or
eldest
son
and
heir
;
or
to
violate
his
Queen
or
eldest
daughter
not
married
:
or
to
levy
war
against
the
lawfull
King
in
his
Realm
,
or
to
be
adherent
to
his
Enemies
within
the
Realm
or
elsewhere
,
or
to
counterfeit
his
Great
or
Privy
Seal
or
mony
;
&c.
But
high
Treason
in
all
these
particulars
in
relation
only
to
the
Vsurper
in
possession
,
without
and
against
all
right
and
Title
:
which
would
put
all
our
rightful
Kings
and
Supreme
Governors
into
a
farr
worser
,
sadder
condition
,
than
their
Trayterous
Vsurpers
:
and
into
a
worse
plight
than
every
Disseisee
,
or
lawfull
heir
intruded
upon
by
abatement
,
or
dispossessed
by
torcions
,
unjust
,
or
forcible
entries
;
for
which
our
[
*
](A56189-e117150-b)
*
See
Brooke
,
Fitzherbert
,
Statham
,
Ash
,
&
Rastals
Abridgments
,
Title
,
Disseisin
,
Abatement
,
Forcible
Entries
,
Assize
,
Imprisonment
,
Intrusion
,
&c.
Common
and
Statute
Laws
have
provided
many
speedy
and
effectual
means
of
recovering
their
possessions
,
and
Damages
too
against
Disseisor●
;
Abators
,
Intruders
on
their
Inheritances
,
Freeholds
;
&
for
exemplary
punishment
,
fining
,
imprisonment
of
the
Disseisors
,
Abaters
;
but
no
means
of
recovery
at
all
for
our
dishinherited
,
disposse●ed
Kings
or
their
heirs
against
Intruders
,
Vsurpers
of
their
Crowns
;
nor
punishments
against
them
,
their
Confederates
,
or
Adherents
,
if
our
Laws
concerning
Treasons
extend
not
unto
them
,
though
Kings
de
jure
,
but
only
to
Usurpers
de
facto
,
et
non
de
jure
;
and
if
the
Statute
of
11
H.
7.
exempt
them
from
all
kinds
of
penalties
,
forfeitures
by
the
lawfull
King
,
when
he
regains
possession
of
the
Crown
;
as
some
now
expound
them
,
4ly
.
It
is
resolved
both
by
our
[
(1)
](A56189-e117220-b)
(1)
1
E.
4.
n.
10
,
11.
1
Ja●
.
c.
1.
Cook
7
Rep.
f.
10
,
11.
Calvins
case
,
&
fol.
30
,
31.
Cooks
3
Instit.
f.
7.
Statutes
,
Judges
,
Law-books
,
over
and
over
:
That
there
is
no
Inter-regnum
in
our
hereditary
kingdom
,
or
any
other
:
That
so
soon
as
the
rightfull
hereditary
King
dies
,
the
Crown
and
Realm
immediatly
descend
unto
and
are
actually
vested
in
the
person
and
possession
of
the
right
heir
,
before
either
he
be
actually
proclaimed
or
crowned
King
▪
and
that
it
is
high
Treason
,
to
attempt
any
thing
against
his
Person
or
royal
authority
before
his
Coronation
,
because
he
is
both
King
de
jure
,
&
de
facto
too
:
as
was
adjudged
in
Watsons
and
Clerks
case
,
Hill.
1.
Jacobi
:
Hence
upon
the
death
of
[
(2)
](A56189-e117300-b)
(2)
Mat.
West
.
An.
1272.
p.
251
,
252.
See
Walsingham
,
Holinshed
,
Daniel
,
Speed
Grafton
,
Baker
,
An.
1
E.
1.
King
Henry
the
3.
though
Prince
Edward
his
heir
was
absent
out
of
the
Realm
in
the
holy
wars
,
where
he
received
a
dangerous
wound
by
an
assassinate
,
and
was
not
certainly
known
to
be
alive
;
yet
all
the
Nobility
,
Clergy
and
people
going
to
the
high
Altar
at
Westminster
,
swore
fealty
and
allegeance
to
him
as
their
King
,
appointed
a
New
Seal
and
Officers
under
him
,
qui
thesauram
Regis
&
pacem
regni
fideliter
custodirent
:
Sicque
pax
Novi
Regis
Edwardi
in
cunctis
finibus
regni
proclamatur
;
Edwardo
fidelitatem
Jurantes
;
qui
si
viveret
penitus
ignorarunt
.
Besides
it
is
both
enacted
,
resolved
in
our
[
(3)
](A56189-e117370-b)
(3)
Praerog
.
Regis
,
c.
8.13
.
Stamf.
Prerog
.
c.
14.
f.
40.
c.
24
f.
72.
See
all
the
Books
cited
in
Ashes
Tables
,
Tit.
Intrusion
,
Praerogative
22.
Britton
,
f.
88
Littleton
sect.
178.
Cooks
1
Instit.
f.
119.
Cook
7
Rep.
f.
28.
Statutes
,
Lawbooks
,
That
Nullum
tempus
occurrit
Regi
:
and
that
when
the
King
is
once
in
legal
possession
of
his
Crown
Lands
,
or
any
Lands
holden
of
him
by
reason
of
his
Praerogative
,
he
who
enters
or
intrudes
uppon
them
,
shall
gain
no
freehold
thereby
:
yea
,
if
the
Kings
Tenant
dieth
,
and
his
heir
enter
into
the
lands
his
ancestors
held
of
the
King
,
before
that
he
hath
done
his
homage
and
received
seisin
of
the
King
,
though
he
hath
a
right
of
inheritance
to
the
Lands
by
Law
,
yet
he
shall
gain
no
freehold
,
and
if
he
die
,
yet
his
wife
shall
not
be
indowed
,
because
he
gained
no
freehold
,
by
his
entry
,
but
only
a
naked
possession
;
much
les
then
shal
a
meer
Intruder
gain
any
Freeheld
or
interest
in
the
Crown
or
Crown
lands
it self
,
to
the
prejudice
of
the
rightfull
King
or
his
heirs
;
This
is
most
evident
,
by
the
sacred
presidents
of
K.
David
,
still
King
,
when
unjustly
dispossessed
&
driven
out
of
his
kingdom
by
his
unnatural
Son
Absolon
,
who
made
himself
King
de
facto
:
(
who
was
yet
a
traytor
with
all
his
Adherents
,
and
came
to
a
tragical
end
)
2.
Sam.
c.
15.
to
c.
20.
by
the
case
of
[
*
](A56189-e117470-b)
*
1
Kings
1.2
.
Adonijah
the
Vsurper
and
his
Adherents
,
slain
and
degraded
as
Traytors
;
and
of
the
Usurper
Athaliah
,
who
had
near
7.
years
possession
of
the
Throne
,
and
slew
all
the
bloud
royal
,
but
Ioash
;
yet
was
shee
dispossessed
,
slain
as
a
murderer
,
traytor
,
usurper
,
and
Ioash
the
right
heir
set
upon
the
Throne
,
and
crowned
King
by
Jehoiada
the
high
Priest
,
the
Captains
and
Rulers
of
the
host
,
and
Officers
,
people
of
the
Land
who
all
rejoyced
and
the
City
was
quiet
after
that
they
had
slain
Athaliah
with
the
sword
;
2
Kings
11.
2
Chro.
c.
23.
And
as
this
was
Gods
Law
amongst
the
Jews
:
So
it
was
the
antient
Law
of
England
,
under
the
antient
Britons
;
as
is
evident
by
the
case
of
the
Usurper
Vortigern
,
[
(c)
](A56189-e117610-b)
(c)
Mat.
West
.
An.
445.
to
467.
See
Holinshed
,
Grafton
,
Speed
,
&
others
in
their
lives
.
Galfridus
Monumetensis
,
&
Ponticus
Verunnius
:
Hist.
l.
6
,
7
,
8.
who
af●er
his
Usurpation
of
the
Crown
by
the
murther
of
two
rightfull
Kings
,
Constantine
and
Constance
,
and
near
20
years
possession
by
usurpation
;
the
Britons
calling
in
and
crowning
Aurelius
Ambrosius
the
right
heir
,
for
their
lawfull
King
,
he
was
prosecuted
by
him
,
as
a
Traytor
both
to
his
Father
and
Brother
,
whom
he
caused
to
be
murdered
to
gain
the
Crown
,
besieged
,
assaulied
and
burnt
to
death
in
the
Castle
of
Genorium
in
Wales
with
all
his
adherents
that
were
in
it
.
This
Law
continued
not
onely
under
our
Saxon
Kings
,
but
English
too
:
as
is
evident
by
the
case
of
[
†
](A56189-e117700-b)
†
See
Hoveden
,
Nubrigensis
,
Mat.
Paris
,
Mat.
Westminster
,
Bromton
,
Daniel
,
Holinshed
,
Polychronicon
,
Fabian
,
Baker
Stow
,
Speed
,
in
the
life
of
King
Stephen
,
and
Henry
2.
Qu.
Maud
,
reputed
a
lawfull
Queen
,
notwithstanding
the
usurpation
,
Coronation
and
actual
possession
of
King
Stephen
in
her
absence
▪
[
(d)
](A56189-e117740-b)
(d)
Gulielmus
Nubrigensis
,
lib.
2.
cap.
2.
Chronicon
Johan
.
Bromton
,
col.
1044.
all
whose
grants
of
the
Crown
lands
were
resumed
by
her
Son
King
Henry
the
2.
and
King
Stephens
Charters
and
Grants
of
them
,
resolved
null
and
void
against
King
Henry
,
because
made
by
a
Usurper
,
and
Invader
of
the
Crown
.
[
(e)
](A56189-e117790-b)
(e)
Mat.
West
.
Mat.
Paris
,
An.
1216.
Polychronicon
,
Fabian
,
Daniel
,
Holinshed
,
Grafton
,
Speed
,
in
K.
John
,
&
H.
3.
King
John
in
the
year
1216.
was
renounced
by
most
of
his
Nobles
,
Barons
,
people
,
who
elected
,
crowned
,
and
swore
allegeance
to
Lewes
,
as
their
King
;
and
dispossessed
King
John
of
all
or
most
of
the
Realm
:
who
thereupon
,
at
his
death
,
cum
summa
mentis
amaritudine
,
maledicens
,
&
non
valedicens
omnibus
Baronibus
suis
,
pauper
&
omni
thesauro
destitutus
,
nec
etiam
tantillum
terrae
in
pace
●inens
,
ut
vere
JOHANNIS
EXTORRIS
,
diceretur
,
ex
hac
vita
miserrime
transmigravit
;
Henricum
primogenitum
suum
REGNI
CONSTITUENS
HAEREDEM
;
Yet
no
sooner
was
he
dead
,
though
Lewes
was
K.
de
facto
,
and
that
by
the
Barons
own
election
,
who
called
him
in
and
crowned
him
;
but
Gualo
the
Popes
Legat
,
and
many
of
the
Nobles
and
People
as●embling
at
Glocester
,
there
crowned
Henry
his
Son
,
for
their
true
and
lawfull
King
at
Glocester
,
cogente
necessitate
:
quoniam
Westmonasterium
,
ubi
locus
est
ex
consuetudine
regiae
consecrationis
deputatus
,
tunc
ab
inimicis
suis
suit
obsessum
.
After
his
Coronation
he
received
the
homages
and
fealties
of
all
the
Bishops
,
Earls
,
Barons
,
and
others
present
at
his
Coronation
,
[
(f)
](A56189-e117920-b)
(f)
Mat.
Paris
.
p.
278.
Sicque
Nobiles
Universi
&
Castellani
,
eo
multo
fidelius
quam
regi
Johanni
adhaeserunt
,
quia
propria
patris
iniquitas
,
UT
CUNCTIS
VIDEBATUR
,
filio
non
debuit
imputari
,
After
which
most
of
the
Nobles
and
English
deserting
Lewes
,
submitted
themselves
to
Henry
as
their
lawfull
Soveraign
,
routed
the
French
forces
,
besieged
Lewes
in
London
,
forced
him
to
swear
that
he
would
depart
the
Realm
,
and
never
to
return
more
into
it
during
his
life
,
and
presently
restore
all
the
Lands
and
Castles
he
had
taken
in
England
,
by
warr
,
and
resign
them
to
King
Henry
:
Which
he
accordingly
performed
.
Most
of
the
Barons
who
adhered
to
Lewes
,
and
submitted
themselves
to
King
Henry
,
were
by
agreement
restored
to
all
their
rights
,
inheritances
and
Liberties
:
But
[
(g)
](A56189-e118050-b)
(g)
Mat.
Paris
,
p.
288.
Mat.
West
.
p.
106.
some
Bishops
,
Abbots
,
Priors
,
Secular
Canons
,
and
many
Clergy-men
,
qui
Ludovico
&
Baronibus
consilium
praestuerant
,
et
favorem
,
and
continued
obstinare
,
were
excepted
out
of
the
composition
between
King
Henry
and
Lewes
,
and
thereupon
deprived
of
their
livings
,
goods
,
and
forced
to
make
fines
and
compositions
,
for
adhering
to
the
Usurper
Lewes
,
though
King
de
facto
for
a
season
.
Therefore
a
King
de
facto
,
gets
neither
a
legal
freehold
against
the
King
de
Jure
,
or
his
heirs
;
nor
can
he
indemnify
his
adherents
against
his
Justice
,
who
are
still
Traytors
by
adhering
to
him
though
crowned
:
and
the
King
de
jure
may
punish
them
as
such
.
5ly
,
Since
the
Statute
of
25
E.
3.
[
(h)
](A56189-e118150-b)
(h)
See
An
exact
Collection
,
p.
670
,
671
,
672
,
677
,
&c.
(
which
altered
not
the
Law
in
this
point
before
it
)
in
the
Parliaments
of
1
E.
4.
ro●
.
Parl.
n.
8.
to
37.4
E.
3.
n.
28.
to
41.14
E.
4.
n.
34
,
35
,
36.
King
Henry
the
6.
himself
,
(
though
king
de
facto
for
39.
years
,
and
that
by
Act
of
Parliament
,
and
a
double
descent
from
Henry
the
4th
,
and
5th
,
Usurpers
and
Intruders
)
together
with
his
Queen
,
and
sundry
Dukes
,
Earls
,
Barons
,
Nobles
,
Knights
,
Gentlemen
who
adhered
to
him
in
his
wars
against
Richard
Duke
of
Yorke
,
and
Edward
the
4th
,
King
de
jure
;
were
all
attainted
of
high
Treason
,
all
their
lands
,
goods
,
chattels
forfeited
,
some
of
them
executed
as
Traytors
,
for
adhering
to
Henry
the
6.
and
assisting
him
in
his
wars
against
Edward
the
4th
.
king
only
de
jure
,
it
being
adjudged
High
Treason
within
the
Statute
of
25
E.
3.
against
Sir
Edward
Cooks
fond
opinion
to
the
contrary
.
As
for
the
Year-book
of
9
E.
4.
f.
1.
b.
that
the
King
de
jure
when
restored
to
the
Crown
,
may
punish
Treason
against
the
king
de
facto
,
who
usurped
on
him
,
either
by
levying
warr
against
him
,
or
compassing
his
death
,
it
was
so
farr
from
being
reputed
Law
in
any
age
,
(
being
without
and
against
all
Presidents
)
or
in
King
Edward
the
fourths
reign
,
that
those
who
levied
war
against
Henry
the
6.
were
advanced
,
rewarded
as
loyal
Subjects
,
not
punished
as
Traytors
for
it
,
by
King
Edward
the
4th
,
when
actually
King
;
It
being
not
only
a
disparagement
,
contradiction
to
the
Justice
,
Wisdom
,
Title
,
Policy
,
and
dangerous
to
the
person
,
safety
of
any
King
de
jure
,
to
punish
any
of
his
Lieges
,
Subjects
for
attempting
the
destroying
,
deposing
of
an
Vsuper
of
his
Crown
,
and
Archtraytor
to
his
person
;
but
an
owning
of
that
Usurper
as
a
lawfull
King
,
against
whom
high
Treason
might
be
legally
committed
,
and
a
great
discouragement
to
all
loyal
Subjects
for
the
future
,
to
aid
him
against
any
Intruders
that
should
attempt
or
invade
his
Throne
,
for
fear
of
being
punished
as
Traytors
,
for
this
their
very
loyalty
and
zeal
unto
his
safety
.
Moreover
all
the
gifts
,
grants
made
by
Henry
the
4
,
5
,
6.
themselves
;
or
in
and
by
any
pretenced
Parliaments
under
them
,
were
nulled
,
declared
void
,
and
resumed
,
they
being
but
meer
Usurpers
and
kings
de
facto
,
not
de
jure
.
6ly
,
It
is
the
judgement
,
resolution
of
[
(a)
](A56189-e118520-b)
(a)
Plutarchi
Poplicola
,
Bodins
Commonwealth
,
l.
2.
c.
5.
Cicero
Orat.
pro
T.
Ann:
Milone
.
Aquinas
de
Regimine
Principum
,
l.
1.
c.
6.
2
Dist.
artic.
44.
qu.
2.2.5
m.
Emanuel
Sa.
Aphorism
,
verb.
Tyrannus
▪
Mariana
de
Rege
&
Regum
Instit.
l.
1.
c.
5
,
6
,
7
,
8.
Buchanan
de
Jure
Regni
apud
Scotos
:
&
Rerum
Scot.
Hist.
Junius
Brutus
Vindiciae
contra
Tyrannos
,
quaest.
2
,
3.
Grotius
de
Jure
Belli
,
l.
1.
c.
4.
learned
Polititians
,
Historians
,
Civilians
,
Canonists
,
Divines
,
as
well
Protestants
as
Papists
,
Jesuites
,
and
of
some
[
(b)
](A56189-e118550-b)
(b)
Regal
Tyranny
Discovered
:
Killing
no
Murder
.
Levellers
,
in
this
age
,
that
it
is
no
Offence
,
Murther
,
Treason
at
all
by
the
Laws
of
God
or
men
,
but
a
just
,
lawfull
,
commendable
,
heroick
,
righteous
,
and
meritorious
action
,
to
kill
,
destroy
,
dethrone
or
wage
warr
against
a
professed
Tyrant
,
especially
such
a
one
who
invades
his
lawfull
Soveraigns
Throne
,
Crown
,
by
perjury
,
treason
,
force
,
regicide
,
expulsion
,
deposition
,
or
assassination
of
his
rightfull
undoubted
Soveraign
,
against
his
duty
,
and
allegiance
,
without
any
colour
of
just
Title
to
the
Crown
.
And
this
they
hold
unquestionable
,
when
done
either
by
command
or
commission
from
the
King
de
jure●
or
his
rightfull
heir
or
successor
,
though
out
of
actual
possession
;
or
out
of
meer
loyalty
and
duty
to
restore
them
to
the
just
possession
of
their
Thrones
,
or
to
free
their
Native
Country
from
the
miseries
,
oppressions
,
wars
,
murders
,
bloudsheds
,
and
apparent
destruction
occasioned
by
his
Usurpation
of
the
Crown
;
which
is
warranted
by
the
presidents
of
Athaliah
2
Kings
11.
&
2
Chron.
23.
and
of
Zimri
,
1
Kings
16.8
.
to
23.
recorded
in
Scripture
,
with
hundreds
of
examples
in
other
Histories
of
all
antient
and
modern
Empires
,
kingdom●
.
Besides
,
when
the
usurping
King
de
facto
is
removed
,
dead
,
destroyed
,
and
the
king
de
jure
,
or
his
right
heir
,
restored
by
way
of
[
(c)
](A56189-e118630-b)
(c)
Littleton
,
sect.
659
,
&c.
&
Cook
,
ibid.
remitter
to
the
actual
possession
of
the
Crown
,
in
disaffirmance
of
the
usurpers
right
and
possession
,
they
are
in
the
selfsame
plight
and
condition
in
Law
,
as
if
they
had
never
been
usurped
upon
or
dispossessed
of
the
Throne
.
Therefore
the
King
de
jure
can
neither
in
Law
nor
Justice
when
remitted
,
punish
any
such
attempt
against
the
king
de
facto
,
as
Treason
;
it
being
no
Treason
in
it self
,
and
the
Usurper
no
lawfull
king
at
all
,
but
the
very
worst
and
greatest
of
Traytors
,
whiles
a
Usurper
.
So
that
9
E.
4.
f.
1.
b.
can
be
no
Law
at
all
,
but
a
most
gross
absurdity
.
7ly
,
It
is
a
Principle
in
Law
,
that
no
[
(d)
](A56189-e118700-b)
(d)
Lit.
sect.
237
,
238
,
240
,
461.
Cooks
1
Instit.
f.
271.
●
.
9
H.
7.21
.
b.
Disseisor
,
Trespassor
or
Wrong-doer
,
shall
apportion
or
take
advantage
of
his
own
wrong
,
in
the
case
of
a
common
person
:
much
less
then
shall
the
Usurper
of
the
actual
possession
of
his
lawfull
Soveraigns
Crown
,
being
the
highest
Offender
,
Traytor
,
Wrong-doer
,
take
advantage
to
secure
himself
or
his
adherents
,
by
his
wrongfull
,
trayterous
possession
,
against
the
Statute
of
25.
E.
3.
or
the
ax
of
Justice
.
The
rather
,
because
this
[
(e)
](A56189-e118740-b)
(e)
See
here
,
p.
275
,
276.278
,
281.323
,
324
,
327
,
328.
Statute
was
made
,
and
the
Treasons
therein
specified
,
declared
and
enacted
to
be
Treason
by
King
Edward
the
3.
and
most
of
of
those
Lords
,
who
in
the
Parliament
of
4
E.
3.
(
but
21.
years
before
)
at
this
Kings
request
,
and
by
his
assent
,
declared
,
adjudged
,
condemned
,
executed
Roger
Mortimer
,
and
his
Complices
as
Traytors
,
guilty
of
HIGH
TREASON
for
murdering
King
Edward
the
2.
his
father
,
after
he
was
deposed
in
Parliament
,
because
he
was
still
king
de
jure
,
though
not
de
facto
:
Therefore
they
most
undoubtedly
resolved
the
king
de
jure
,
though
not
regnant
,
to
be
a
King
within
that
Act
;
not
the
king
de
facto
,
without
right
or
title
,
as
Sir
Edward
Cooke
erroniously
asserts
.
8ly
,
If
the
imagining
or
compassing
the
death
,
or
deposing
,
or
imprisoning
of
the
King
declared
by
overt
act
,
or
rearing
war
against
him
,
or
adhering
to
his
enemies
,
by
any
ambitious
Usurper
,
be
High
Treason
within
this
Act
,
for
which
he
and
his
adherents
shall
lose
their
lives
,
lands
,
estates
,
and
suffer
as
Traytors
,
though
he
never
actually
kill
,
depose
,
imprison
or
dispossess
the
King
of
his
actual
Regal
power
,
as
the
[
(f)
](A56189-e118870-b)
(f)
Spelman
.
Concil.
p.
297.521
.
Council
of
Calchuth
,
An.
787.
cap.
3.
The
Council
of
Aenham
,
An.
1009.
cap.
26.
with
all
our
antient
[
*
](A56189-e118900-b)
*
Bromton
,
Chron.
col.
822.828
.
Laws
,
Lawbooks
,
Lawyers
cited
by
Sir
Edw:
Cook
in
his
3.
Instit.
c.
1
,
2.
the
Statutes
of
25
E.
3.
all
our
[
(g)
](A56189-e118930-b)
(g)
Rastals
Abridgment
,
Tit.
Treason
,
See
Crookes
Reports
,
p.
117
,
to
126.583
.
other
Acts
concerning
Treason
:
and
the
forecited
Judgements
,
Presidents
in
Parliament
,
with
others
in
Queen
Elizabeths
reign
abundantly
evidence
:
Then
it
is
much
more
High
Treason
in
the
highest
degree
within
the
letter
▪
intention
of
all
these
Laws
,
actually
to
usurp
and
get
possession
of
the
Crown
by
levying
warr
against
,
and
imprisoning
,
degrading
,
expelling
,
banishing
or
murdering
the
lawful
King
himself
,
and
depriving
him
or
his
right
heir
of
the
possession
of
the
Crown
;
there
being
a
complication
of
all
the
highest
Treasons
involved
in
an
actual
usurpation
,
and
a
greater
damage
,
prejudice
to
the
King
,
kingdom
,
than
in
a
successless
attempt
alone
,
which
proves
abortive
,
and
is
quickly
ended
.
And
if
so
,
then
such
an
Arch-Traytors
actual
usurpation
of
the
Crown
,
must
by
consequence
be
so
far
from
indemnifying
him
,
or
mitigating
,
or
expiating
his
Treasons
,
that
it
doth
aggravate
them
to
the
highest
pitch
,
and
expose
him
and
his
adherents
to
the
highest
penalties
though
king
de
facto
,
and
that
both
by
the
Law
of
God
himself
;
as
is
evident
by
the
cases
of
[
(h)
](A56189-e119000-b)
(h)
2
Kings
11
2
Chron.
33.
Athaliah
,
and
of
[
(i)
](A56189-e119020-b)
(i)
1
Kings
15.25
.
to
31.
c.
16.1
.
to
21.
Baasha
,
who
conspiring
against
and
slaying
his
Soveraign
Nadab
,
son
of
Jeroboam
,
and
then
reigning
in
his
stead
,
smote
all
the
House
of
Jeroboam
,
not
leaving
to
him
any
that
breathed
,
according
to
the
saying
of
the
Lord
:
yet
because
he
provoked
God
to
a●ger
with
the
works
of
his
hands
in
being
like
the
House
of
Jeroboam
,
slain
by
Zimri
:
who
reigning
in
his
stead
,
assoon
as
he
sat
on
the
Throne
,
slew
all
the
house
of
Baasha
,
so
that
he
left
him
not
one
that
pissed
against
the
wall
,
neither
of
his
kinsfolks
nor
of
his
Friends
,
according
to
the
word
of
the
Lord
which
he
spake
against
Baasha
by
Jehu
the
prophet
.
When
Zimri
had
thus
reigned
by
Usurpation
,
bloudshed
but
7.
days
,
all
the
people
of
Israel
that
were
incamped
against
Gibethon
,
hearing
that
Zimri
had
conspired
and
also
slain
the
King
made
Omri
,
Captain
of
the
host
,
king
over
Israel
that
day
in
the
camp
:
who
presently
all
marched
from
Gibethon
to
Tirzah
,
&
besieged
Zimri
in
it
;
where
he
was
burnt
with
fire
in
the
Kings
house
,
and
died
for
his
sins
,
and
THE
TREASON
which
he
wrought
.
All
these
Usurpers
,
though
kings
de
facto
,
and
Gods
special
instruments
to
punish
and
cut
off
other
evil
Kings
and
their
families
(
who
usurped
the
Crown
of
Israel
and
kept
the
10.
revolting
Tribes
from
the
house
of
David
to
whom
God
had
annexed
them
at
first
,
till
rent
from
it
by
Jeroboams
rebellion
for
Solomons
sin
)
were
yet
Traytors
still
in
Gods
and
mens
account
,
and
thus
exemplarily
slain
and
punished
as
such
.
The
like
Examples
we
find
in
the
Gothish
and
Spanish
Histories
,
every
such
actual
Invader
of
the
Crown
,
qui
regem
nece
attractaverit
,
aut
potestate
Regni
exuerit
,
aut
praesumptione
tyrannica
regni
fastigium
usurpaverit
;
being
condemned
and
for
ever
accursed
excommunicated
with
the
highest
Anathema
that
can
be
inflicted
,
by
the
[
(k)
](A56189-e119370-b)
(k)
Su●ius
Concil.
Tom.
2.
p.
736
,
737
,
739.
4.
Council
of
Toledo
,
can.
74.
and
also
by
the
5.
Can.
2
,
3
,
4
,
5
,
6.
The
like
presidents
we
find
in
the
Histories
of
the
Roman
Emperors
,
of
the
kings
of
Denmark
,
Poland
,
France
,
Scotland
,
and
other
Realmes
,
where
Usurpers
of
the
Crown
,
though
in
actual
possession
,
have
been
oft
times
slain
and
executed
as
the
archest
Traytors
by
the
rightfull
Kings
or
their
heirs
,
or
the
Nobles
and
people
of
th●se
Realm
;
their
possessions
of
the
Crown
,
being
no
expiation
of
their
Treasons
,
Regicides
,
but
an
[
(l)
](A56189-e119440-b)
(l)
1
Kings
21.19
.
Mat.
21.38
,
39
,
40
,
41.
aggravation
of
them
,
both
in
Law
and
Gospel
account
,
unable
to
secure
their
heads
,
lives
,
by
their
own
Law
and
concession
,
since
the
actual
coronation
,
unction
and
possession
of
the
kings
de
Jure
whom
they
murdered
,
deposed
against
their
Oaths
,
allegeance
,
duties
,
could
neither
preserve
their
crowns
,
persons
,
nor
lives
from
their
violence
and
intrusion
.
To
omit
[
(m)
](A56189-e119480-b)
(m)
Chytraei
Chron.
l.
14.
Sleidans
Com.
l.
5.10
.
he
hanging
up
of
Iohn
of
Leyden
,
who
crowned
himself
a
king
,
with
his
companions
,
for
Traytors
,
at
Munster
,
An.
1535.
with
all
antient
domestick
presidents
of
this
kind
among
our
British
and
Saxon
kings
:
it
is
very
observable
,
that
in
the
[
(n)
](A56189-e119540-b)
(n)
An
Exact
abridgement
,
p.
670
▪
666
,
667.
Parliament
of
1
E.
4.
n.
17
,
18.
Henry
the
6.
though
king
de
facto
,
together
with
his
Queen
,
Son
Edward
Prince
of
Wales
,
the
Duke
of
Somerset
,
and
sundry
others
,
were
attainted
of
high
Treason
,
for
killing
[
(o)
](A56189-e119610-b)
(o)
See
here
,
p.
474
,
475
,
476.
Rich.
Duke
of
York
at
Wakefield
,
being
only
king
de
jure
,
and
declared
heir
and
successor
to
the
Crown
after
King
Henry
his
death
;
in
the
P●rliament
of
39
H.
6.
n.
18.
though
never
crowned
,
and
not
to
enjoy
the
possession
of
it
during
the
reign
of
King
Henry
:
yet
Henry
the
6.
his
murder
after
his
deposition
,
was
never
inquired
after
,
though
king
de
facto
for
sundry
years
,
and
that
by
descent
from
2.
usurping
ancestors
,
nor
yet
reputed
Treason
.
After
this
[
(p)
](A56189-e119740-b)
(p)
Graftons
Chronicle
,
p.
852.
Hall
,
Holinshed
,
Speed
,
and
others
in
his
life
.
king
Richard
the
3d.
usurping
the
Crown
,
and
enjoying
it
as
king
de
facto
for
2.
years
,
2.
moneths
,
and
one
day
;
was
yet
slain
in
Bosworth
field
,
as
an
usurping
bloudy
Traytor
,
stript
naked
to
the
skin
,
without
so
much
as
a
clout
to
cover
his
privy
members
,
all
sprinkled
over
with
mire
and
bloud
,
then
trussed
like
a
Hogg
or
Calf
behind
a
pursuivant
,
and
ignobly
buried
.
Sir
William
Catesby
a
Lawyer
,
one
of
his
Chief
Counsellors
,
with
divers
others
,
were
two
dayes
after
beheaded
at
Leicester
,
as
Traytors
,
notwithstanding
he
was
king
de
facto
;
and
no
doubt
had
not
king
Richard
been
slain
in
the
field
,
but
taken
alive
,
he
had
been
beheaded
for
a
Traytor
,
as
well
as
his
adherents
,
being
the
principal
Malefactor
,
and
they
but
his
instruments
;
So
that
his
kingship
and
actual
possession
of
the
Crown
by
intrusion
,
did
neither
secure
himself
nor
his
adherents
from
the
guilt
or
punishment
of
High
Treason
,
nor
yet
the
Act
of
Parliament
which
declared
him
true
and
lawfull
King
,
as
well
by
inheritance
and
descent
,
as
election
;
it
being
made
by
a
packed
Parliament
of
his
own
summoning
,
and
ratified
only
by
his
own
royal
assent
;
which
was
so
far
from
justifying
,
that
it
did
make
his
Treason
more
heinous
in
Gods
and
mens
esteem
;
it
being
a
framing
of
mischief
,
and
acting
Treason
by
a
Law
,
Psal.
94.20
,
21.
which
God
so
much
abhors
,
that
the
Psalmist
thence
infers
,
v.
23.
And
the
Lord
shall
bring
upon
them
their
own
iniquity
,
and
shall
cut
them
off
in
their
own
wickedness
;
yea
,
the
Lord
our
God
shall
cut
them
off
:
as
he
did
this
Arch
bloudy
Traytor
and
his
Complices
,
though
king
de
facto
by
a
Law
.
9ly
,
Since
the
Statute
of
11
H.
7.
c.
1.
(
some
clauses
whereof
,
making
void
any
Act
or
Acts
of
future
Parliaments
and
Legal
process
against
it
,
are
meerly
void
,
unreasonable
,
and
nugatory
,
as
[
(i)
](A56189-e119950-b)
(i)
4
Instit.
p.
42.
Sir
Cook
himself
affirms
of
Statutes
of
the
like
nature
)
there
have
been
memorable
Presidents
,
Judgements
in
point
against
his
and
others
false
glosses
on
it
in
favour
of
Usurpers
,
though
King
or
Queen
de
facto
,
and
their
Adherents
,
against
the
lawfull
Queen
and
heir
to
the
Crown
,
which
I
admire
Sir
Edward
Cooke
,
and
other
Grandees
of
the
Law
forgot
,
or
never
took
notice
of
,
though
so
late
and
memorable
.
King
[
(k)
](A56189-e120010-b)
(k)
Fox
Acts
&
Monuments
,
Vol.
3.
p.
6.
to
37.
Holinshed
,
Grafton
,
Speed
,
How
,
Stow
,
Baker
,
Sir
John
Heyward
,
and
others
,
in
Edward
the
6.
&
1
Mariae
.
Edward
the
6.
being
sick
and
like
to
dye
,
taking
notice
,
that
his
Sister
Queen
Mary
was
an
obstinate
Papist
,
very
likely
to
extirpate
the
Protestant
Religion
,
destroy
that
Reformation
which
he
had
established
,
and
usher
in
the
Pope
and
Popery
,
which
he
had
totally
abandoned
,
by
advice
of
his
Council
instituted
and
declared
by
his
last
will
in
writing
,
and
Charter
under
the
Great
Seal
of
England
,
the
Lady
Jane
(
of
the
bloud
royal
,
eldest
Neice
to
King
Henry
the
8.
a
virtuous
Lady
and
zealous
Protestant
,
without
her
privity
or
seeking
)
to
be
his
heir
and
Successor
to
the
Crown
immediately
after
his
death
;
for
the
better
confirmation
whereof
,
all
the
Lords
of
his
Privy
Council
,
most
of
the
Bishops
,
Great
Officers
,
Dukes
,
Earls
,
Nobles
of
the
Realm
,
all
his
Judges
and
Barons
exept
Hales
,
the
Serjeants
and
great
Lawyers
,
with
the
Mayor
and
Aldermen
of
London
,
subscribed
their
Names
,
and
gave
their
full
and
free
assents
thereto
:
wherupon
immediately
after
King
Edwards
death
,
July
9.
1553.
Iane
was
publikely
proclamed
Qu.
of
this
Realm
,
with
sound
of
trumpet
,
by
the
Lords
of
the
Council
,
Bishops
,
Judges
,
Lord
Mayor
and
Aldermen
of
London
:
So
as
now
she
was
a
Queen
de
facto
,
backed
with
a
very
colourable
Title
from
King
Edward
himself
,
his
Council
,
Nobles
,
Judges
,
and
the
other
subscribers
to
it
,
being
likewise
eldest
Neece
to
King
Henry
the
8.
of
the
bloud-royal
.
For
defence
of
her
person
and
Title
when
proclamed
Queen
,
and
to
suppress
Mary
the
right
heir
,
the
Council
speedily
raised
a
[
*
](A56189-e120260-b)
*
Inferre
vim
,
eorum
est
,
qui
vires
,
habent
absque
consilio
:
Praeterea
si
quis
violenter
audeat
agere
,
non
paucis
egebit
sociis
,
qui
vero
persuader●
potest
,
nullis
.
Xenophon
Memorabilium
,
l.
1.
p.
713.
great
power
,
of
8000
foot
,
and
2000
horse
,
of
which
the
Duke
of
Suffolk
was
first
made
General
,
being
her
Father
,
but
soon
after
the
Duke
of
Northmberland
by
Commission
from
the
whole
Council
in
Queen
Janes
Name
,
who
marched
with
them
to
Cambridge
,
and
from
thence
to
St.
Edmunds
Bury
,
against
the
Lady
Mary
,
Queen
only
de
jure
,
not
de
facto
.
But
many
of
the
Nobles
,
and
the
generality
of
the
people
inclining
to
Queen
Mary
the
right
heir
,
and
resorting
to
her
ayd
to
Fotheringham
Castle
;
thereupon
the
Council
at
London
repenting
their
former
doings
,
to
provide
for
their
own
safety
,
on
the
20.
of
June
1553.
proclamed
Mary
Queen
;
and
the
Duke
of
Northumberland
hearing
of
it
,
did
the
like
in
his
Army
,
who
thereupon
deserted
him
.
From
which
sodain
alteration
,
the
Author
of
Rerum
Anglicanarū
Annales
,
printed
Lond.
1616.
l.
3.
p.
106.
hath
this
memorable
observation
.
Tali
tamen
&
constanti
veneratione
nos
Angli
legitimos
Reges
prosequimur
,
ut
ab
eorum
debito
obsequio
nullis
fucis
aut
coloribus
,
imo
ne
Religionis
quidem
obtentu
,
nos
divelli
patiamur
:
cujus
rei
Janae
hic
casus
,
indicium
poterit
esse
plane
memorabile
.
Quamvis
enim
Dominationis
illius
fundamenta
validissima
jacta
fuissent
,
cui
et
summa
arte
superstructum
est
,
quam
primum
tamen
Regni
vera
et
indubitata
haeres
se
Civibus
ostendit
,
omnis
haec
accurata
structura
concidit
illico
,
&
quasi
in
ictu
oculi
dissipata
est
:
idque
eorum
praecipue
opera
,
quorum
propter
Religionis
causam
propensissimus
favor
Janae
adfuturus
sperabatur
,
&c.
[
*
](A56189-e120530-b)
*
Fox
Acts
&
Mon.
Vol.
3.
p.
101
,
102.
All
the
Martyrs
,
Protestant
Bishops
and
Ministers
,
imprisoned
and
burnt
by
her
:
humbly
requiring
,
and
in
the
bowels
of
our
Lord
Jesus
Christ
beseeching
all
that
fear
God
,
to
behave
themselves
as
obedient
Subjects
to
the
Queens
Highness
,
and
the
superiour
powers
which
are
ordained
under
her
,
rather
after
their
example
to
give
their
heads
to
the
block
,
than
in
any
point
to
rebell
against
the
Lords
anointed
,
Queen
Mary
:
in
no
point
consenting
to
any
Rebellion
or
sedition
against
her
Highness
;
but
where
they
cannot
obey
,
but
must
disobey
God
,
there
to
submit
themselves
with
all
patience
and
humility
to
suffer
as
the
will
and
pleasure
of
the
higher
powers
shall
adjudge
.
Against
the
doctrine
,
practice
of
some
new
Saints
of
this
iron
age
,
who
will
ward
off
Christs
wooden
Cross
,
with
their
iron
swords
,
and
rather
bring
their
Soveraigns
heads
to
the
block
,
than
submit
their
own
heads
unto
it
for
their
very
Treasons
,
and
Rebellions
against
them
.
So
farr
are
they
from
believing
,
practising
the
very
first
Alphabetical
Lesson
of
our
Saviours
prescription
,
and
real
Christanity
,
Mat.
16.24
.
If
any
man
will
come
after
me
,
let
him
deny
himself
,
and
take
up
his
cross
and
follow
me
.
The
Duke
of
Northumberland
for
that
he
was
appointed
General
of
the
Army
in
this
Quarrel
of
the
Lady
Jane
,
though
Queen
de
facto
,
was
arrested
of
High
Treason
,
together
with
3.
of
his
Sons
,
the
Marquess
of
Northampton
,
the
Earl
of
Huntindon
,
with
sundry
Knights
,
Gentlemen
,
and
sent
prisoners
to
the
Tower
of
London
.
The
16.
of
August
next
following
,
the
said
Duke
and
Nobles
were
publikely
arraigned
of
High
Treason
,
in
Westminster
hall
before
Thomas
Duke
of
Norfolk
High
Steward
of
England
:
being
brought
to
the
bar
,
the
D.
used
great
reverence
to
his
Judges
,
professing
his
faith
and
allegiance
to
the
Queens
Majesty
,
whom
he
confessed
he
had
grievously
offe●ded
,
saying
[
(a)
](A56189-e120830-b)
(a)
Graftons
Chronicle
,
p.
1326.
that
he
meant
not
to
speak
any
thing
in
defence
of
his
face
,
but
would
first
understand
the
opinion
of
the
Court
in
2.
points
.
1.
Whether
a
man
doing
any
Act
or
thing
by
authority
of
the
[
(a)
](A56189-e120880-b)
(a)
Graftons
Ch●onicle
,
p.
1326.
Princes
Councel
,
and
by
Warrant
of
the
Great
Seal
of
England
,
and
nothing
doing
without
the
same
,
may
be
charged
with
TREASON
for
doing
any
thing
by
such
Warrant
?
Which
question
was
grounded
on
this
very
Statute
of
11
H.
7.
c.
1.
2.
Whether
any
such
persons
as
were
equally
culpable
in
that
crime
,
and
those
by
whose
Letters
and
Commandment
he
was
directed
in
all
his
doings
,
might
be
his
Iudges
,
or
passe
upon
his
Tryal
,
as
his
PEERS
?
To
the
1.
was
answered
(
mark
it
)
That
the
Great
Seal
he
had
for
his
W●rrant
,
was
not
the
Seal
of
the
Lawfull
Qu.
of
the
Realm
,
nor
p●ssed
by
her
Authority
,
but
the
Seal
of
an
Vsurper
,
and
therefore
could
be
no
Warrant
to
him
.
To
the
2.
That
if
any
were
as
deeply
to
be
touched
in
that
Case
as
himself
;
yet
so
long
as
no
attainder
was
of
Record
against
them
,
they
were
nevertheless
persons
able
in
Law
to
pass
upon
any
tryal
,
and
not
to
be
challenged
therefore
,
but
at
the
Princes
pleasure
.
After
which
the
Duke
and
the
rest
of
the
Lords
using
but
few
words
,
declaring
their
earnest
repentance
,
and
imploring
the
Queens
mercy
,
confessed
this
Indictment
of
Treason
,
and
thereupon
had
Iudgement
passed
upon
them
as
Traytors
;
And
the
Duke
(
with
Sir
Iohn
Gates
and
Sir
Thomas
Palmer
)
were
accordingly
executed
on
Tower
Hill
,
August
22.
confessing
the
Iustice
both
of
their
Iudgement
and
Execution
,
as
TRAYTORS
,
and
not
justifying
themselves
by
the
Act
of
11
H.
7.
After
this
[
(b)
](A56189-e121120-b)
(b)
See
Antiq.
Eccles.
Brit.
&
God
win
in
his
Life
:
Fox
,
Grafton
,
Holinsh
.
Speed
,
1
Mariae
.
Archbishop
Cranmer
though
at
first
,
he
refused
to
subscribe
K.
Eds.
will
to
dis-inherit
Queen
Mary
,
alleging
many
reasons
against
it
,
yet
was
committed
Prisoner
to
the
Tower
,
indicted
,
arraigned
,
condemned
of
High
Treason
in
November
following
for
aiding
the
Earl
of
Northumb.
with
Horse
and
Men
against
Queen
Mary
:
And
Queen
Jane
herself
,
though
Queen
de
facto
,
&
meerly
passive
,
not
active
in
this
case
,
never
aspiring
after
the
Crown
(
being
proclaimed
Queen
against
her
will
)
with
the
Lord
Guyldsord
her
husband
,
were
both
indicted
,
arraigned
,
condemned
of
High
Treason
,
and
accordingly
executed
as
Traytors
,
Feb.
12.
1
Mariae
,
the
one
for
usurpation
of
the
royal
Estate
AS
QVEEN
OF
ENGLAND
;
the
other
as
principal
adherent
to
her
in
that
case
;
both
of
them
confessing
,
that
BY
THE
LAW
THEY
WERE
JUSTLY
CONDEMNED
.
After
which
the
Duke
of
Suffolk
her
father
,
and
sundry
others
were
condemned
of
High
Treason
,
executed
upon
the
same
account
;
and
that
by
the
judgement
of
all
the
several
Peers
,
Nobles
,
Judges
,
Lawyers
,
and
Great
Officers
of
Engl.
though
guilty
of
the
same
crime
seconded
with
the
Judgement
of
the
whole
Parl.
of
1
Mar.
c.
16.
which
confirmed
their
Attainders
as
JUST
and
LEGAL
,
notwithstanding
the
Statute
of
11
H.
7.
c.
1.
which
extends
only
to
indemnifie
those
Subjects
who
doe
their
true
duty
and
service
of
allegiance
,
to
their
King
and
Soveraign
Lord
;
which
none
certainly
do
who
adhere
and
joyn
with
an
apparent
Usurper
in
possession
against
their
lawfull
undoubted
King
and
Soveraign
Lord
,
as
they
here
adjudged
,
and
the
Parliaments
of
1
,
4
and
14
of
King
Edward
the
4th
.
long
before
:
no
Acts
of
Parliament
whatsoever
being
able
to
secure
Usurpers
Titles
,
though
Kings
de
facto
,
to
themselves
or
their
posterity
,
or
to
save
their
own
or
their
adherents
Heads
from
the
block
,
or
their
estates
from
confiscation
,
as
the
recited
tragical
Presidents
and
Judgements
prove
,
against
the
absurd
opinions
of
many
Grandees
of
the
Law
in
great
reputation
;
who
take
all
Sir
Edward
Cooks
and
others
Dotages
for
Oracles
,
and
well
deserve
a
part
in
Ignoramus
,
for
being
ignorant
of
these
late
notorious
Judgements
and
authorities
against
their
erronious
opinions
,
wherewith
they
seduce
their
silly
Clyents
and
young
Students
of
the
Law
to
their
great
peril
,
for
whose
better
information
,
I
have
the
larger
insisted
on
this
point
,
to
rectifie
this
dangerous
capital
mistake
,
which
may
hazard
both
their
lives
,
estates
,
and
souls
to
boot
.
And
so
much
in
answer
to
the
objected
Presidents
of
Edward
and
Richard
the
2d
.
to
prove
the
Commons
Right
of
Judicature
in
Parliaments
,
&c.
As
good
an
evidence
as
that
grave
Sir
E.
Cook
produceth
,
[
†
](A56189-e121550-b)
†
4
Instit.
p.
28.
to
prove
this
House
of
Commons
(
who
had
no
[
*
](A56189-e121570-b)
*
Mr.
Hackwills
Epistle
to
his
manner
of
passing
Bills
.
Journal
Book
till
●
Ed.
6.
)
to
be
a
distinct
Court
of
Iudicature
,
because
upon
signification
of
the
Kings
pleasure
to
the
Speaker
,
they
do
and
may
prorogue
or
adjourn
themselves
,
and
are
not
prorogued
,
adjourned
by
the
House
of
Lords
.
By
which
reason
he
might
prove
every
Committee
of
the
Lords
or
Commons
House
to
be
a
distinct
Court
,
because
they
may
adjourn
and
prorogue
themselves
without
the
House
,
and
all
Commissioners
for
examination
of
Witnesses
,
Charitable
uses
,
the
petty
Sessions
of
Justices
of
Peace
,
all
Country
Committees
,
Archdeacons
and
other
visitors
,
all
Auditors
of
Accounts
,
Arbitrators
,
Referrees
,
&c.
to
be
Courts
,
because
they
may
all
adjourn
themselves
from
one
day
and
place
to
another
;
when
as
their
presenting
of
their
own
Speakers
in
,
and
the
Kings
calling
them
into
the
Lords
House
at
the
beginning
and
end
of
every
Parliament
,
or
Session
,
and
at
the
passing
of
Bills
,
[
*
](A56189-e121630-b)
*
33
H.
8
,
c.
21.
Mr.
Hackwill
of
passing
of
Bills
.
p.
76
,
77.
and
their
dissolution
in
the
Lords
House
,
is
a
stronger
argument
to
prove
them
no
Court
at
all
,
at
least
of
Judicature
,
than
their
adjournment
or
prorogation
of
themselves
,
to
evidence
them
to
be
a
distinct
Court
from
the
House
of
Lords
.
Should
I
here
subjoyn
to
the
premises
all
the
cases
extant
in
the
Lords
Iournals
and
Parliament
Records
,
evidencing
the
Lords
real
Jurisdiction
,
proceedings
and
Judicature
in
civil
causes
,
in
the
reigns
of
King
Ed.
the
4.
Richard
the
3.
Henry
the
7.
and
8.
Queen
Mary
,
Queen
Elizabeth
,
King
Iames
and
King
Charles
,
I
should
be
over
tedious
to
the
Readers
,
I
shall
therefore
only
trouble
you
with
2
cases
more
.
In
the
[
(f)
](A56189-e121750-b)
(f)
The
Freeholders
Grand
Inquest
p.
29.
See
Mr.
Hakwills
passing
of
Bills
,
p.
80
▪
Parliament
of
18
Elizabeth
,
there
arose
a
question
about
place
and
precedency
in
the
case
of
the
Lord
de
la
Ware
:
upon
debate
thereof
in
the
Lords
House
,
ALL
THE
LORDS
except
the
Lord
Windesore
ADIUDGED
,
that
he
should
have
place
next
after
the
Lord
Wil●oughbie
of
Erisbe
.
And
the
Lord
Keeper
was
appointed
to
acquaint
the
Queens
Majesty
with
this
determination
of
the
Peers
,
and
to
know
her
pleasure
concerning
the
same
.
In
the
last
long
Parliament
Pasch.
20
Caroli
,
this
cale
of
Note
and
Consequence
,
was
adjudged
by
the
Lords
(
against
the
late
resolutions
of
some
Judges
,
touching
the
Jurisdiction
of
the
Admiralty
Court
)
between
Fairfax
and
le
Gay
,
and
Mr.
Johns
a
London
Merchant
.
In
Lent
Vacation
1638.
Mr.
Iohns
libelled
in
the
Admiralty
against
one
Hooper
for
26000
weight
of
Barbadoes
Tobacco
,
sold
to
him
,
at
St.
Maloes
in
France
,
in
partibus
transmarinis
infra
jurisdictionem
Admiraltatis
Angliae
,
by
one
B●les
factor
to
Hooper
for
fraight
due
unto
him
by
Hooper
for
his
Ship
called
the
William
and
Anne
,
whereof
Iohns
was
owner
,
without
alleging
,
that
this
sale
and
contract
was
made
super
altum
mare
:
Fairfax
and
le
Gay
became
sureties
for
Hooper
in
the
Admiralty
;
Iohns
had
a
sentence
against
Hooper
in
the
Admiralty
upon
this
Libel
,
who
soon
after
became
a
Bankrupt
.
Whereupon
Fairfax
and
le
Gay
his
sureties
,
appealed
to
the
Delegates
to
avoid
the
sentence
and
execution
against
them
,
and
then
moved
in
the
Kings
Bench
for
a
Prohibition
to
stay
the
sute
;
suggesting
the
contract
to
be
made
at
St.
Maloes
upon
the
land
,
and
not
super
altum
Mare
;
and
so
not
within
the
Jurisdiction
of
the
Admiralty
;
Upon
which
they
procured
a
rule
to
stay
the
Proceeding
;
Whereupon
Johns
petitioned
the
House
of
Lords
for
relief
against
this
rule
,
and
that
the
Delegates
might
proceed
to
give
sentence
upon
the
Appeal
,
that
so
he
might
have
execution
against
the
sureties
;
Hooper
being
a
Bankrupt
for
above
one
hundred
thousand
pounds
,
and
all
his
estate
sold
,
so
as
his
debt
would
be
wholly
lost
if
he
should
be
deprived
of
the
benefit
of
his
sentence
,
to
which
the
sureties
were
liable
.
Upon
his
Petition
this
point
in
Law
amongst
others
whereon
the
hinge
of
his
case
turned
,
was
argued
at
the
Lords
Bar
by
Mr.
Serjeant
Rolls
,
&
Mr.
Maynard
for
Fairfax
and
le
Gay
,
and
by
my self
for
Johns
.
Whether
the
Admirals
Court
had
any
true
,
antient
,
legal
Jurisdiction
of
Contracts
made
at
St.
Maloes
,
and
other
parts
beyond
the
Seas
,
between
Merchants
and
Mariners
touching
their
Merchandise
and
marine
affairs
upon
the
Land
,
as
well
as
on
the
Sea
?
The
Sureties
Counsel
argued
confidently
they
had
not
,
upon
the
Statutes
of
13
R.
2.
c.
5.15
R.
2.
c.
3.
2
H.
4.
c.
14.
and
the
Presidents
cited
in
Sir
Ed.
Cooks
4
Instit.
p.
124.
and
c.
22.
of
the
Court
of
Admiralty
,
and
in
Hubberts
Reports
●
.
331
.
But
I
argued
to
the
contrary
,
and
clearly
proved
by
the
Laws
of
Oleron
,
Lex
1
,
2
,
6
,
8
,
9
,
10
,
15
,
16
,
22
,
23.
made
in
the
reign
of
King
Richard
the
1.
Anno
1190.
ratified
under
the
Seal
of
that
Island
by
that
King
,
confirmed
and
used
by
Henry
3.
Edw.
1.
and
practised
ever
since
as
the
Law
of
the
land
in
the
Court
of
Admiralty
,
as
[
(g)
](A56189-e122430-b)
(g)
1
Instit.
●
.
11
.
b.
260.
Sir
Edward
Cook
himself
asserts
)
and
by
the
notable
Record
of
22
E.
1.
in
Cooks
4
Institutes
p.
142
,
143
,
144.
and
Seldens
Mare
Clausum
,
l.
2.
c.
28
▪
f.
275.
the
Black
Book
of
the
Admiralty
,
&
the
Parliament
Roll
of
4
H.
4.
n.
47.
for
confirmation
of
the
Laws
of
Oleron
:
1.
That
the
Admiralty
in
all
ages
since
King
Rich.
the
1.
●ill
the
making
of
these
Statutes
,
[
(h)
](A56189-e122530-b)
(h)
Cooks
4
Instit.
p.
139.
and
ever
since
(
till
Hill.
2
Jacobi
C.
B.
between
Tomlinson
Plaintif
,
and
Philips
Defendant
)
had
held
Jurisdiction
of
such
contracts
between
Merchants
and
Mariners
,
made
upon
the
land
in
forein
parts
,
as
well
as
on
the
Sea
:
as
the
[
(i)
](A56189-e122600-b)
(i)
48
E.
3
.
2●
3.13
H.
4.45.8
R.
2.
ror
.
Parl.
n.
31.13
R.
1.
Stat.
2.
c.
2.1
H.
4.
c.
14
Cooks
4
Institutes
,
p.
123
,
124.21
E.
4.17
.
Marshal
had
always
used
to
hold
plea
of
Contracts
,
and
deeds
of
Arms
,
Warr
,
Treasons
,
Murders
and
Felonies
out
of
the
Realm
,
which
cannot
be
determined
by
the
Common
Law
:
And
that
without
any
Prohibi●ion
granted
to
stay
the
proceedings
in
all
that
large
tract
of
time
,
both
before
and
since
these
Statutes
.
2ly
.
That
these
Acts
were
made
only
to
restrain
the
Admirals
,
Incroachments
of
Jurisdiction
,
in
Contracts
,
Pleas
,
Quarels
,
&
other
things
made
or
done
by
Landor
Water
,
within
the
[
*
](A56189-e122640-b)
*
19
H.
6.76
.
Br.
Admiralty
,
r.
Plowden
,
f.
37
b.
Cook
5
Report
,
f.
106
,
107.
Bodie
of
the
Counties
of
this
Realm
,
or
in
any
Port
,
Harbor
,
Haven
,
or
Creek
within
the
Counties
,
the
Conusance
whereof
properly
belonged
to
the
Kings
Courts
,
or
to
the
Courts
of
Cities
,
Burroughs
;
and
other
Lords
,
and
to
confine
them
only
to
such
contracts
and
things
within
the
Realm
(
whereof
the
[
(k)
](A56189-e122660-b)
(k)
Bracton
,
l.
2.
c.
24.
f.
56
,
57.6
R.
2.
Fitzh
.
P●otection
46.7
R.
2.
Statham
Trespass
53
,
Temps
Ed.
1.
Fitz
Avowry
192.
Cook
1
Instit.
f.
260.4
Instit.
p.
142
,
143
,
144.
Rot.
Pat.
51
H.
3.
m.
11.
Rot.
Scotiae
,
10
E.
3.
m.
16.
Rot.
Parl.
46
E.
3.
m.
10.
Rot.
Parl.
8
H.
5.
n.
3.
Artic.
6.
Seldens
Mare
clausum
,
l.
2.
Rot.
Parl.
14
E.
2.
pars
2.
m.
26.
dorso
.
Sea
is
a
part
,
being
under
the
Kings
Dominion
and
Lordship
)
as
are
made
or
done
upon
the
Sea
,
not
upon
the
Land
o●
Water
in
any
Haven
,
Port
,
River
,
Creek
within
the
precinct
of
any
County
:
but
not
to
debar
them
in
the
least
degree
of
their
antient
,
undoubted
jurisdiction
they
always
had
and
exercised
de
Jure
,
without
complaint
or
restraint
,
in
contracts
of
Merchants
and
Mariners
made
upon
the
Land
in
forein
parts
beyond
the
Seas
,
of
which
the
Kings
Common
Law
Courts
,
and
the
Courts
of
other
Cities
,
Burroughs
,
Ports
,
Lords
,
[
(l)
](A56189-e122710-b)
(l)
2
E.
2.
Fitz.
obligat
.
16
Tr.
18
E.
3.
Fitz.
Test.
6
Tr.
13
E.
3.
Fitz.
Oblig
.
12
38
E.
3.
c.
4.41
E.
3.23
b.
48
E.
3.3
.
Bro.
Oblig
.
1.
Farts
95.13
H.
4.3
,
4.10
H.
6.
c.
11.20
H.
6.28
.
Bro.
Oblig
.
7.21
E.
4.74.6
R
2.
c.
2.13
R.
2.
Stat.
1.
c.
2.26
H.
8.
c.
13.35
H.
8.
c.
2.28
H.
8.
c.
15.5
E.
6.
c.
11.
Cook
3
Inst.
f.
112.48
.
2
Instit.
p.
51.2
Rep.
f.
93.5
Rep.
f.
107
●
.
never
had
nor
could
have
the
least
Jurisdiction
,
since
out
of
the
Realm
,
and
no
Jury
de
Vicineto
could
be
thence
awarded
or
summoned
to
try
the
Contract
in
England
:
which
I
proved
by
the
Parliament
Rolls
and
Commons
Petitions
,
whereon
these
Statutes
were
grounded
,
being
most
express
in
point
,
as
13
R.
2.
Rot.
Paerl
.
n.
41.14
R.
2.
n.
37.15
R.
2.
n.
30.2
H.
4.
n.
89.4
H.
4.
●
.
47.11
H.
4.
n.
61.
compared
with
27
E.
3.
c.
13.2
R.
2.
c.
4.32
H.
8.
c.
14.5
Eliz.
c.
5.27
Eliz.
c.
27.
which
so
interpret
it
,
and
by
most
of
the
Cases
cited
by
Edward
Cook
in
his
Chapter
of
Admiralty
,
extending
only
to
contracts
made
within
the
body
of
any
County
within
the
Realm
,
not
in
any
forein
parts
on
the
Land
or
Sea
,
without
or
beyond
the
Realm
,
whereof
the
Comon
Law
Courts
had
never
Jurisdiction
before
Sir
Sir
Edw.
Cooke
was
Chief
Justice
,
and
that
by
a
[
(m)
](A56189-e122920-b)
(m)
Dr.
Ridlyes
view
of
the
civil
Law
l.
3.
c.
1.
p.
129.
Tr.
13
E.
3.
Fitz.
Abbe
12.9
E.
3.42
.
Dyer
.
166.
meer
fiction
,
and
false
contradictory
surmise
,
contrary
to
truth
,
reason
,
Justice
,
Law
,
and
the
Letter
of
Charterparts
and
Contracts
themselves
;
viz.
that
they
were
made
at
St.
Maloes
,
Burdeaux
,
Sevil
,
Dantzick
or
Hamborough
,
in
France
,
Spain
,
Denmark
,
or
Germany
,
within
the
Ward
of
Cheape
London
,
a
suggestion
never
made
before
his
time
,
in
or
by
any
Law-Book
or
Record
,
only
to
rob
the
Admiralty
of
its
antient
unquestionable
right
and
Jurisdiction
.
3ly
,
That
the
words
of
the
Statute
of
13
R.
2.
c.
5.
(
whereon
Sir
Edward
Cook
and
other
Judges
ground
their
Prohibitions
to
the
Admiralty
)
,
That
the
Admirals
and
their
deputies
shall
not
meddle
from
henceforth
,
with
any
thing
done
within
the
Realm
of
England
,
but
only
of
things
done
upon
the
Sea
,
&c.
are
clearly
strained
and
construed
by
them
directly
against
the
words
,
meaning
and
intent
of
the
Law-makers
,
and
Commons
Petition
whereon
it
was
made
:
For
the
later
clause
;
[
(n)
](A56189-e123080-b)
(n)
See
10
E.
1.
Modus
levandi
fines
.
2
E.
3.9
.
a.
4
E.
3.46
.
b.
7
E.
●
.
37
b.
8
R.
2.
Contin
.
Claim
.
13.1
R.
3.
c.
7.4
H.
7.
c.
24.28
.
H.
6.3
.
a.
Bro.
Protection
11.
Fitz.
Amerciament
4.26
H.
8.
c.
13.35
H.
8.
c.
2.5
Ed.
6.
c.
11.
Plowdens
Com.
359.
Cook
8
Rep.
f.
10.2
Instit.
p.
516.
Seldens
Mar●
Clausum
,
p.
255
,
256.
Littleton
,
sect.
677.25
E.
3.
c.
2.
but
ONLY
of
things
done
upon
the
Sea
;
is
put
in
opposition
and
contradistinction
to
the
precedent
words
,
with
any
thing
done
within
the
Realm
of
England
;
or
within
the
bodies
of
the
Counties
as
well
by
land
as
by
water
;
as
the
Stat.
of
15
R.
2.
c.
3.
&
5
E●l
.
c.
5.27
Eliz.
c.
11.25
E.
3.
c.
2.
directly
interpret
and
explain
the
sense
thereof
:
And
they
strain
and
apply
them
to
contracts
made
by
Merchants
and
Mariners
,
not
within
the
Realm
of
England
,
or
bodies
of
the
Counties
thereof
by
land
or
water
,
but
beyond
the
seas
,
and
quite
out
of
the
Realm
,
being
no
part
of
the
Realm
,
or
within
the
body
of
any
County
of
England
,
or
Kings
Dominions
;
Than
which
a
greater
Solecism
and
contradiction
cannot
be
imagined
against
the
scope
and
letter
of
these
Statutes
.
For
by
this
construction
,
they
may
likewise
strain
the
very
Oath
of
Supremacy
,
That
no
foreign
Prince
,
Person
,
Prelate
,
State
or
Potentate
hath
,
or
ought
to
have
any
Jurisdiction
,
power
,
&c.
Ecclesiastical
or
Spiritual
WITHIN
THIS
REALM
:
With
the
Statute
of
13
Eliz.
ch.
2.
for
the
abolishing
of
the
usurped
Iurisdiction
of
the
Bishop
and
See
of
Rome
,
WITHIN
THIS
REALM
;
and
against
raising
s●dition
,
bringing
in
Bulls
,
Agnus
,
Dei
,
Crosses
,
Pictures
,
&c.
WITHIN
THIS
REALM
;
and
other
the
Dominions
thereof
:
to
the
punishment
of
all
such
,
as
shall
avetr
,
that
any
forein
Prince
,
Person
,
Prelate
,
State
,
Potentate
,
or
the
Pope
,
have
or
ought
to
have
any
Jurisdiction
,
power
or
Authority
OUT
OF
THIS
REALM
,
or
the
Dominions
thereof
;
or
shall
raise
any
sedition
,
or
vent
Popes
Bulls
,
&c.
in
any
forein
Kingdom
or
Country
(
as
France
,
Spain
,
Italy
,
Poland
,
Germany
)
out
of
the
Realm
,
as
if
they
had
done
it
within
this
Realm
of
England
.
4ly
,
That
by
the
opinion
,
resolution
,
agreement
of
the
Judges
of
the
Kings
Bench
,
1575.
and
of
[
(o)
](A56189-e123210-b)
(o)
See
Crooks
Reports
,
p.
296
,
297.
all
the
Judges
of
England
(
whereof
Hutton
and
Crook
were
2.
)
4
Febr.
1632.
Hi●
.
8.
Caroli
,
(
the
original
whereof
I
produced
subscribed
with
all
their
hands
)
If
sute
he
commenced
in
the
Court
of
Admiralty
upon
Contracts
made
,
and
other
things
personal
done
beyond
the
Seas
,
or
upon
the
Sea
;
no
Prohibition
is
to
be
awarded
:
(
contrary
to
Sir
Edward
Cooks
opinion
)
This
being
the
Iudgment
of
all
our
Judges
in
former
ages
,
wherein
no
record
or
president
could
be
produced
of
any
such
Prohibition
from
Richard
the
1.
till
the
later
end
of
Queen
Elizabeths
or
King
James
his
reign
.
The
Lords
upon
my
Argument
were
so
fully
satisfied
in
this
point
of
Law
,
that
they
all
unanimously
and
immediately
[
*
](A56189-e123400-b)
*
15
May
1645.
adjudged
,
and
ordered
(
notwithstanding
Iustice
Bacons
and
Reeves
opinions
upon
the
late
presidents
to
the
contrary
)
that
the
Rule
for
the
Prohibition
in
the
Kings
Bench
should
be
vacated
;
and
that
the
Delegates
should
proceed
to
Sentence
in
the
cause
;
which
they
did
:
And
so
my
Client
got
both
Judgement
and
Execution
soon
after
against
these
Sureties
.
I
might
here
very
fitly
inform
our
Levellers
and
their
Confederates
,
That
the
Lords
in
Parliament
(
as
they
did
antiently
,
so
since
the
Commons
admission
unto
this
Great
Council
,
have
)
made
not
only
some
[
†
](A56189-e123480-b)
†
See
an
Exact
abridgement
,
p.
354.
Acts
for
the
Government
of
London
without
the
Commons
,
as
in
17
R.
2.
n.
25
,
26
,
27.
[
†
](A56189-e123510-b)
†
Ibid.
p.
17.34.57.156.136.431
,
432.592
,
594.584.589.615.652
.
Granted
Ayds
for
themselves
to
the
King
,
and
likewise
for
the
Merchants
by
the
Merchants
consents
;
confirmed
Charters
,
Patents
in
Parliament
;
reversed
attainders
,
restored
persons
attainted
and
their
heirs
to
Lands
and
bloud
,
elected
the
Kings
Great
Officers
,
Privy
Counsellers
;
and
prescribed
them
Laws
,
Rules
,
Orders
:
appointed
a
Protector
during
the
Kings
Minority
,
limited
his
power
,
and
discharged
him
from
his
place
without
the
Commons
:
confirmed
an
imposition
upon
Cloth
by
the
King
,
against
the
Commons
petition
to
take
it
off
;
Ordered
a
Subsidy
to
be
paid
absolutely
,
which
the
Commons
granted
but
conditionally
;
called
receivers
of
Subsidies
and
Monies
to
account
,
without
the
Commons
,
and
opposed
the
Commons
encroachments
upon
their
privileges
▪
as
you
may
see
in
the
Parliament
Rolls
of
13
E.
3.
n.
5
,
6.
Parl.
1.
&
Parl.
2.
n.
8.15
E.
3.
n.
41.21
E.
3.
n.
16.
Par.
2
R.
2.
n.
22.
to
27.57
.
5
R.
2.
n.
16.
5
H.
4.
n.
51.
to
58.
4
H.
6.
n.
22.
6
H.
6.
n.
22
,
23.
8
H.
6.
n.
13.27
,
28.14
H.
6.
n.
10.
31
H.
6.
n.
34.
In
Claus.
50
E.
3.
m.
3.
&
4.
De
essendo
in
Parliamento
;
there
are
writs
directed
to
particular
persons
in
this
form
.
Sis
coram
Nobis
,
et
cateris
Proceribus
et
Magnatibus
regni
nostri
Angliae
in
praesenti
Parliamento
(
without
mentioning
the
Commons
)
apud
Westm.
convocato
,
hac
instante
di●
Sabbat●
,
proxime
post
futur
:
ad
informandum
Nosipsos
,
Proceres
et
Magnates
(
not
the
Commons
)
super
quibusdam
de
quibus
per
te
volumus
informari
,
&c.
4.
Junii
.
Per
Concilium
in
Parliamento
.
And
for
the
Nobles
of
Ireland
,
I
find
this
Record
.
Claus.
2
E.
3.
m.
17.
[
†
](A56189-e123740-b)
†
Sir
John
Davis
Reports
f.
37
,
38.
Rex
dilecto
et
fideli
suo
Johanni
Darcy
de
Nevien
,
Justiciario
suo
Hyberniae
salutem
.
Ex
parte
quorundam
hominum
de
Hybernia
Nobis
exstitit
supplicatum
,
u●
per
statutum
inde
faciendum
concedere
volumus
,
Quod
omnes
Hybernici
qui
voluerint
,
legibus
utantur
Anglicanis
,
ita
quod
necesse
non
habeant
super
hoc
Cartas
aliquas
a
Nobis
imperrare
.
Nos
igitur
certiorari
volentes
si
sine
aliquo
praejudicio
,
praemissis
annuere
valeamus
,
vobis
mandamus
,
quod
voluntatem
Magnatum
terrae
illius
,
(
not
of
the
Commons
)
in
proximo
Parliamento
nostro
ibidem
tenendo
super
hoc
cum
diligentia
praesentari
facias
,
&
de
eo
quod
inde
inveneritis
,
una
cum
vestro
consilio
&
advisamento
Nos
distincte
&
aperte
cum
celeritate
,
qua
potestis
,
certificetis
,
hoc
Breve
nostrum
Nobis
remittentes
,
&c.
upon
which
Petition
the
use
of
the
English
Laws
was
afterwards
granted
,
as
appears
by
Clause
5
E.
3.
part
1.
m.
25.
But
I
shall
close
up
this
Plea
and
Supplement
with
a
few
Presidents
more
,
pertinent
to
demonstrate
the
Lords
undoubted
Right
of
Judicature
,
Council
and
Advice
in
publike
affairs
,
both
in
and
out
of
Parliament
.
In
the
Parliaments
of
5
E.
2.
n.
31.4
E.
3.
c.
14.36
E.
3.
c.
10.50
E.
3.
n.
181.1
R.
2.
n.
35.2
R.
2.
n.
5.
It
was
enacted
,
that
a
Parliament
should
be
holden
once
every
year
,
or
more
often
if
need
be
,
to
redress
divers
mischiefs
and
grievances
which
daily
happen
?
especially
delayes
in
Judgements
and
sutes
at
Law
,
through
difficulty
,
or
diversity
of
Opinions
among
the
Judges
.
To
prevent
which
,
the
Statute
of
14
E.
3.
c.
5.
enacts
;
that
from
henceforth
at
every
Parliament
shall
be
chosen
a
Prelate
,
two
Earls
,
and
two
Barons
,
which
shall
have
Commission
and
power
of
the
King
,
to
hear
by
Petition
delivered
to
them
,
the
complaints
of
them
that
will
complain
of
such
delayes
and
grievances
,
and
to
cause
the
records
of
such
Judgements
to
be
brought
before
them
,
and
to
hear
the
cause
and
reasons
of
such
delayes
,
and
by
the
assistance
and
advice
of
the
Chancellor
,
Treasurer
,
Justices
of
both
Benches
,
and
as
many
other
of
the
Kings
Council
as
shall
seem
convenient
,
shall
proceed
to
take
a
good
award
and
make
a
good
judgement
therein
:
And
that
the
Judges
shall
proceed
hastily
to
give
Judgement
according
to
their
determination
.
And
in
case
it
seemeth
to
them
the
difficulty
be
so
great
,
that
it
may
not
well
be
determined
without
the
assent
of
the
Parliament
,
that
the
said
Prelate
,
Earls
and
Barons
,
shall
present
the
tenor
or
tenors
of
the
said
record
or
cause
to
the
[
†
](A56189-e123920-b)
†
See
here
,
p.
370
,
420.
next
Parliament
,
and
there
shall
be
a
final
accord
taken
,
what
judgement
ought
to
be
given
in
his
case
.
And
according
to
this
award
shall
be
commanded
to
the
Judges
,
before
whom
the
plea
did
depend
,
that
they
shall
proceed
to
give
Judgement
without
delay
.
And
to
begin
to
give
remedy
upon
this
Ordinance
,
it
was
assented
,
that
a
Commission
and
power
be
made
to
the
Archbishop
of
Canterbury
,
the
Earls
of
Arundel
,
and
Huntington
,
the
Lord
of
Wake
,
and
the
Lord
Raufe
Basset
,
to
endure
till
the
next
Parliament
.
After
which
I
find
this
Commission
made
in
pursuance
of
this
Ordinance
.
[
*
](A56189-e123990-b)
*
Pat.
18
E.
3.
pars
2.
m.
3●
.
Edwardus
Dei
gratia
,
&c.
authorizing
the
Bishop
of
Chichester
,
the
Earls
of
Huntingdon
and
Devonshire
,
and
Tho.
Wake
of
Lidell
,
and
Thomas
de
Berkley
Barons
,
assigned
to
hear
querelas
omnium
qui
se
de
gravaminibus
&
dilationibus
sibi
factis
coram
Iustic
.
et
aliis
conqueri
voluerint
,
per
avisamentum
Cancell
.
Thes.
Iustic
.
de
atroque
Banco
,
&
aliis
d●
Consilio
Regis
,
according
to
the
Ordinance
made
in
Parliament
14
Ed.
3.
c.
5.
that
Unus
Praelatus
,
Duo
Comites
,
et
Duo
Barones
should
have
Commission
and
power
to
hear
and
determine
such
complaints
,
Test
.
Rege
apud
Westm.
nono
die
Iunii
.
There
is
this
Petition
of
the
Commons
to
the
King
,
for
declaring
Treasons
,
in
25
E.
3.
Rot.
Parl.
n.
17.
Item
come
les
Iustices
nostre
Seignior
le
Roy
,
assignez
en
divers●es
Countees
ajuggent
les
gentz
que
sont
empeschez
devant
eux
come
Traiteurs
,
pur
diverses
Causes
desconues
a
la
Comune
estre
Treason
,
que
please
a
nostre
Seignior
le
Roy
per
son
Counse●l
,
e●
per
les
Grantz
,
et
s●ges
de
la
terre
,
declarer
les
pointz
de
Treason
en
cest
present
Parlament
.
Quant
a●la
Petition
touchant
Treason
,
nostre
Seignior
le
Roy
ad
Fait
declarer
les
Articles
de
Y
celle
en
mane●
que
ensuit
[
*
](A56189-e124200-b)
*
See
Cooks
3
Instit.
c.
1.
&
2.
as
in
the
Statute
of
25
E.
3.
c.
●
.
By
which
Petition
,
Act
,
and
the
like
Petition
in
21
E.
3.
n.
15.
it
is
apparent
▪
That
the
Right
of
declaring
,
Judging
what
is
High
Treason
in
Parliament
,
belongs
originally
to
the
King
himself
,
by
the
advise
of
his
Councel
,
Great
men
,
and
Sages
of
the
Land
and
not
unto
the
Commons
House
,
at
whose
request
the
KING
then
made
a
Declaration
of
the
Articles
of
Treason
,
as
in
this
Statute
,
by
his
Nobles
,
Councils
and
Iudges
advice
:
Therefore
the
Declaration
of
all
other
Treasons
in
particular
cases
not
within
this
Statute
,
belongs
wholly
to
the
King
Lords
Council
and
Judges
in
the
Lords
House
,
not
to
the
Commons
alone
,
or
joyntly
with
them
within
the
later
branch
of
this
Act
(
as
well
as
the
Treasons
within
the
body
thereof
:
viz.
Because
that
many
other
like
cases
of
Treason
may
happen
in
time
to
come
which
a
man
cannot
imagin
nor
declare
at
this
present
time
;
it
is
accorded
,
that
if
any
other
case
,
supposed
Treason
,
which
is
not
before
specified
shall
happen
de
novel
before
any
Iustice
,
the
Iustice
shall
demur●
without
going
to
Iudgement
of
the
Treason
,
tanque
per
devant
le
ROY
EN
SON
PARLEMENT
,
soit
le
case
monstre
et
declare
,
de
que
leceo
doit
estre
a
jugge
Treason
,
ou
autre
Felony
.
Against
the
Opinion
of
Sir
Edward
Cooks
3
Institutes
,
p.
22.
The
Commons
having
no
power
at
all
to
declare
and
judge
what
shall
be
Treason
in
such
new
particular
cases
,
but
only
when
a
[
*
](A56189-e124330-b)
*
See
Rastals
Abridgement
of
Statutes
,
Title
,
Treason
New
Treason
is
made
or
declared
for
the
future
by
Bill
,
or
Act
of
Parliament
,
wherein
their
concurrence
is
necessary
(
as
in
all
new
Acts
concerning
Treasons
since
25
E.
3.
)
as
is
evident
by
Mr.
Sr.
Iohns
Argument
at
Law
this
very
last
Parliament
,
at
the
Attainder
of
Thomas
Earl
of
Strafford
,
and
Mr.
Samuel
Browns
Argument
at
the
Lords
House
Bar
,
to
prove
and
satisfie
the
Lords
House
,
that
he
,
and
Archbishop
Laud
were
guilty
of
High
Treason
upon
the
Articles
of
their
several
Impeachments
exhibited
and
proved
against
them
,
of
which
the
Lords
and
King
alone
were
the
proper
Iudges
,
but
the
Commons
,
only
their
Impeachers
and
Prosecutors
in
the
Iudicial
way
of
Parliamentary
Proceedings
,
as
I
have
formerly
evidenced
.
Therefore
all
the
late
Votes
,
knacks
,
Declarations
of
the
Commons
House
alone
before
,
or
without
the
Kings
&
House
of
Lords
Declarations
,
Resolutions
,
of
sundry
things
to
be
high
Treason
,
and
divers
persons
to
be
Traytors
,
upon
bare
informations
,
suggestions
,
(
though
not
within
the
Letter
of
25
E.
3.
c.
2.
)
are
but
meer
illegal
innovations
,
extravagancies
,
yea
Nullities
in
Law
,
fit
to
be
eternally
exploded
,
especially
by
Lawyers
,
the
chiefest
Innovators
,
Promoters
of
them
,
rather
out
of
ignorance
or
rashnesse
,
than
Prudence
,
Law
,
or
solid
Iudgement
,
for
which
they
can
produce
no
presidents
in
former
ages
.
In
the
year
1392.
the
15
of
King
Rich.
the
2.
we
have
this
memorable
President
of
the
Lords
Iudicature
together
with
the
King
,
assembled
in
a
Great
Councel
,
without
the
Commons
,
in
the
case
of
the
Mayor
,
Sherifs
,
Citizens
and
City
of
London
thus
related
by
[
*
](A56189-e124650-b)
*
Hist.
Angl.
p.
382
,
383
,
384.
Walsingham
at
large
.
Misit
Rex
ad
Cives
Londoniarum
petens
ab
eis
mutuo
mille
libras
:
cui
procaciter
et
ultra
quam
decuit
restiterunt
.
Sed
&
quendam
Lumbardom
volentem
accommodare
regi
dictam
summam
,
male
tractave●unt
,
ve●beraverunt
,
er
paulominus
occiderunt
.
Quae
cum
Rex
●udisset
,
i●a●us
est
valde
,
et
convocaas
omnes
regnipene
Major●s
,
apperuit
proterviam
civium
Londoniarum
,
et
de
praesumptione
conqueritur
eorundem
.
Qui
omnes
infesti
Civibus
propter
diversas
causas
,
consulunt
,
ut
reprimatur
citius
eorum
insolentia
,
et
superbia
destruatur
.
Eranc
quippe
tunc
inter
omnes
fere
nationes
gentium
clarissimi
,
arrogantissimi
,
et
avarissimi
,
ac
male
creduli
in
deum
&
traditiones
avitas
,
Lolardorum
sustentatores
,
religiosorum
detractores
;
decimarum
detentores
,
et
communis
vulgi
depauperatores
.
In
tantumque
excrevit
eorum
supercilium
,
ut
auderene
leges
condere
,
quibus
adventantes
de
circumjacentibus
villis
,
vel
Provinciis
,
contra
rationem
omnem
humanam
,
Deum
,
et
justiciam
,
molestarent
,
gravarent
et
fatigarent
.
Praetereo
eorum
inhumanitatem
,
sileo
rapacitatem
,
reticio
infidelitatem
,
transeo
malignitatem
,
quam
indisciplinate
in
adventantes
populos
exe●ouerunt
.
Qui
si●
cuncta
describere
quae
perpetraverunt
hoc
tempore
,
volumen
credo
maximum
conficeret
.
Objecta
sunt
eis
igitur
quae
contra
regem
fecerant
,
et
suae
majestatis
notoriam
laesionem
;
objecta
sunt
quae
in
provinciales
commiserant
,
ad
regis
ac
dominorum
regnique
populi
detrimentum
:
quae
si
vellent
inficiari
praesto
erant
accusatores
e
patria
,
qui
sacramento
suo
eorum
probare
cuperent
acta
prava
.
Londonienses
ergo
in
medio
miseriarum
subito
constitui
,
et
velut
versati
inter
cudem
et
malleum
,
cum
non
esset
locus
excusationis
,
decreverunt
se
potius
submittere
regis
gratiae
,
quam
succumbere
veridicto
vel
judicio
duodenae
.
Regis
ergo
Iudicio
arrestatus
est
Maior
Londoniarum
,
et
vicecomites
,
cum
quibusdam
de
Majoribus
,
caeteris
domum
redire
permissis
.
Major
autem
missus
est
ad
Castellum
de
Windeshores
,
caeteri
ad
diversa
castella
destinati
sunt
,
sub
arcta
custodia
conservandi
,
donec
Rex
cum
Confilio
deliberasset
quid
faceret
de
eisdem
.
Ibidem
decretum
est
,
ne
de
caetero
Londonienses
Maiorem
eligerent
vel
haberent
,
sed
rex
de
suis
militibus
provideret
aliquem
qui
,
rector
foret
,
et
custos
civitatis
vocaretur
,
et
esset
(
quem
alio
nomine
vocamus
vulgariter
Gardianum
)
ibi
subsequenter
,
et
eorum
sunt
privilegia
revocata
,
libertates
,
annullatae
,
et
leges
quas
vel
condiderant
,
vel
a
diebus
habuerant
abrogatae
.
Tunc
primo
Rex
constituit
custodem
civitatis
,
abrogato
Maioris
vocabulo
,
quendam
militem
dictum
Edwardum
de
Dalyngrygge
,
qui
et
●ive●
regeret
,
&
justitiae
cunctorum
aeque
pro●piceret
:
sed
is
cito
fuit
per
regem
depositus
,
quia
convictus
est
civibus
fecisse
juramentum
,
vel
de
eorum
consuetudinibus
defendendis
,
vel
certe
pro
posse
suo
,
subtiliter
revocandis
.
Fuerunt
qui
dicerent
eum
ex
indus●ria
hoc
fecisse
,
plusque
regis
commodo
quam
civium
in
hac
parte
prospexi●se
,
Quod
cum
regi
fuisset
cognitum
,
poenituit
eum
militem
benevolum
sic
tractasse
.
Nihilominus
rex
et
alium
militem
loco
suo
constituit
nomine
Baldewynum
de
Radyngton
,
virum
certe
providum
et
discretum
,
qui
sciret
delinire
moerorem
civium
,
et
eorum
mentes
erigere
ad
s●em
bonam
.
Nam
cives
prae
tristitia
contaburunt
&
dolore
.
Interea
multis
mediantibus
(
sed
praecipue
duce
Gloverniae
ensistente
)
rex
factus
animi
aequioris
paulatim
discedit
a
sui
rigore
propositi
,
reducens
ante
mentis
oculos
honores
varios
,
quos
per
Londinenses
acceperat
,
et
magnifica
dona
per
eos
praestita
:
unde
decernit
mitius
cum
eis
agere
,
et
eos
ad
spem
aliqualis
gratiae
revocare
.
Mittit
nempe
mandans
Londinensibus
,
ut
ad
castellum
de
Wyndesore
conveniant
,
demonstraturi
privilegia
,
libertates
ac
jura
civitatis
nova
et
vetera
coram
eo
,
consilio
quoque
suo
,
ut
ibi
decerneret
quae
servanda
forent
in
civitate
,
vel
quae
penitus
obolenda
.
Quibus
●ostensis
,
quaedam
ratificata
,
quaedam
permi●a
,
quaedam
damnata
f●ere
,
Maioris
tamen
nec
personam
,
nec
dignitatem
ea
vice
recuperavere
,
neque
plenam
regis
gratiam
,
donec
satisfecissent
regi
de
damnis
et
injuriis
quae
vel
sibi
,
vel
regis
plebi
antea
intulissent
.
Equidem
ea
vice
convenit
inter
regem
,
et
Dominos
ne
eorum
satisfactionem
acceptaret
,
nec
cum
eis
quovismodo
componeret
sine
consilio
Dominorū
.
Nempe
rex
cum
primo
contra
eos
incanduisset
(
propter
causas
qua●
s●pra
notavimus
.
)
meditatus
est
exercitum
congregasse
,
&
in
civitatem
i●ruisse
cum
impetu
,
et
cives
de
sub
coelo
delevi●e
.
Quod
tamen
,
Ducis
Lancast●ae
oratione
mutatum
est
;
qui
censuit
eos
(
ut
praemitti●u●
)
evocandos
,
et
(
ut
praefettur
)
castigandos
,
vel
(
si
obstinati
fuissent
)
tunc
juxta
regis
propositum
obsidendos
,
ende
●erraviventium
disperdendos
.
Rex
autem
in
hac
collectione
apud
Wyndesore
,
Dominos
temporales
regni
cunctos
,
et
Episcopos
pene
omnes
,
necnon
exercitum
talem
contraxerat
,
qui
merito
terrori
Londin
.
posset
esse
.
In
quos
omnes
incredibiles
fecit
expensas
,
pro
quibus
certum
erat
Londonienses
solu●uros
.
Ipsi
vero
non
ignorantes
quod
horum
finis
esset
expositio
argenti
et
auri
,
submiserunt
se
et
sua
regi
,
voluntarie
ei
decem
millia
librarum
vadiantes
,
dimissi
tamen
sunt
domum
rediere
,
incerti
quid
solueren●
,
donec
regis
consilium
et
formam
satisfaciendi
,
&
summam
solvendi
definisset
.
Cumque
et
cives
regressi
fuissent
&
Proceres
qui
cum
rege
fuerant
,
ac
reliquus
〈◊〉
pulus
ad
propria
remeassen●
.
Rex
audiens
Londinenses
in
tristitia
constitutos
,
et
mente
lapsos
,
ait
suis
:
Vadam
Inquit
Londonias
,
et
consolabor
cives
,
nec
patiar
eos
ultra
de
mea
gratia
desperare
.
Quae
sententia
mox
ut
cognita
fuit
in
civitate
,
incredibili
jocunditate
replevit
omnes
,
unde
omnes
et
singuli
ei
generaliter
statuerunt
occurrere
,
et
non
minores
expensas
facere
in
xeniis
,
&
donativis
quam
fecerant
in
ejus
coronatione
.
Rex
igitur
ut
venit
Londonias
,
tanta
gloria
,
tanta
pompa
,
tanta
varietate
diversorum
apparatuum
est
susceptus
,
quanta
suscipi
regem
aliquem
triumphantem
decuis●er
.
Nam
equos
et
phaleros
,
tabulas
aureas
et
argen●eas
,
pannos
aureos
et
holosericos
,
pelues
et
lavatoria
de
fulvo
metallo
,
aurum
in
pecunia
,
gemmas
et
monilia
,
tam
ditia
,
tam
nobilia
,
tam
speciosa
donaverunt
eidem
,
ut
cunctorum
valor
et
pretium
non
posset
facile
estimari
.
Sicque
recuperaverunt
cives
consuetudines
et
libertates
antiquas
quae
saltem
civitati
possent
esse
fulcimento
,
nec
extraneis
detrimento
.
Indu●tumque
fuit
eisdem
,
ut
Majorem
possent
eligere
sicut
prius
.
Credebant
autem
Londonienses
quod
per
haec
dona
domigerium
evasissent
,
et
in
posterum
quieti
fuissent
:
sed
fefellit
eos
eorum
opinio
,
qui
coacti
sunt
expost
solvere
regi
decem
millia
librarum
,
de
communitate
collecta
,
in
amaritudine
mentis
magna
:
Proceres
vero
regni
qui
regis
consilio
interfuerant
,
audientes
quod
Rex
contra
pactum
indulsisset
Londoniensibus
,
offensi
sunt
valde
inter
se
,
regis
levitatom
et
inconstantiam
condemnantes
.
Nemo
tamen
palam
regem
redarguit
de
praemissis
.
In
the
Parliament
of
11
H.
4.
rot.
parl.
num.
14.
The
Commons
exhibited
this
Petition
to
the
King
;
by
which
it
appears
,
that
as
in
the
Parliaments
of
1
,
2.
&
4
E.
3.
n.
1.10
R.
2.17
R.
2.
n.
6.7
&
8
H.
4.
n.
66
,
67.
some
of
the
valiantest
,
wisest
,
discreetest
Spiritual
and
Temporal
LORDS
,
were
by
Petition
of
the
Commons
,
and
special
Order
of
the
Lords
in
Parl.
placed
about
these
Kings
,
to
BE
THEIR
PRIVY
COVNSELLORS
,
to
advise
,
counsel
them
,
and
manage
all
the
Great
affairs
of
the
Realm
under
them
;
so
in
this
Parliament
they
exhibited
this
Petition
to
the
like
e●●ect
.
Primerement
,
que
plese
a
nostre
dit
Seigniour
le
Roy
ordeigner
et
assigner
en
cest
present
Parlement
,
les
pluis
vaillantz
sages
et
discretes
Seigniours
espirituelx
et
temporelx
de
son
roialme
,
pur
estre
de
son
counseil
,
en
eid
et
supportation
del
bone
et
substancial
gouvernance
,
et
la
bien
de
Roy
et
de
Roialme
;
et
que
les
ditz
Seigniours
de
counseill
et
les
Justices
de
Roi
soient
overtement
(
jurez
)
eny
cest
present
parlement
,
de
eux
bien
et
loialment
en
lour
counseill
et
faitz
acquiter
pur
le
bien
de
Roy
et
de
Royalm
,
en
toutz
pointz
,
saunz
favour
pur
affection
,
ou
affinite
faire
a
ascune
manere
de
persone
.
Et
que
plese
nostre
dit
Seigniour
le
Roy
en
presence
de
toutz
les
Estates
de
parlement
,
comander
les
ditz
Seigniours
,
et
Justices
sur
lour
foy
et
ligeance
,
que
lui
devont
,
qils
feront
pleyne
justice
et
droit
ouelment
a
chescuny
sanz
tarians
,
si
bonement
come
ils
purront
,
sanz
ascun
commandement
on
charge
de
queconque
persone
a
contrarie
.
Le
Roy
le
voet
,
was
the
answer
which
was
answered
.
[
*
](A56189-e125080-b)
*
An
Exact
abridgement
p.
329
,
456
,
457
,
471.564
,
568
,
594
,
611.
See
the
like
Petitions
afterwards
in
1
H.
6.
n.
26.2
H.
6.
n.
15
,
16.8
H.
6.
n.
27
,
28.11
H.
6.
n.
41.
I
shall
conclude
with
these
2.
memorable
late
presidents
:
[
†
](A56189-e125100-b)
†
A
Catalogue
of
the
Speakers
Names
,
by
W.
Hackwill
of
Lincolns
Inne
,
Esq
;
1641.
p.
141
,
142
,
143.
In
the
Parliament
of
8
Eliz.
upon
the
death
of
Thomas
Williams
Esquire
,
Speaker
of
the
Commons
house
,
Richard
Onstoe
Esquire
,
the
Qu●ens
Sollicitor
,
first
chosen
a
Member
of
the
Commons
house
,
and
after
called
by
Writ
to
attend
the
Lord●
House
as
an
Assistant
;
at
the
request
of
the
Commons
to
the
Queen
and
Lords
,
was
sent
down
again
to
the
Commons
house
,
without
any
new
election
,
and
there
chosen
and
presented
by
them
for
their
Speaker
;
and
allowed
of
by
the
Queen
and
Lords
.
So
in
the
Parli●ment
of
23
Eliz.
upon
the
Queens
making
John
Bell
Esq
;
then
Speaker
,
chief
Baron
of
the
Exchequer
,
Iohn
Popham
Esq
;
then
Queens
Sollicitor
,
called
from
the
Commons
house
to
the
Lords
as
an
Assistant
by
writ
;
at
the
Commons
request
to
the
Queen
and
Lords
,
was
remitted
to
them
again
,
upon
his
old
,
without
any
new
election
,
and
th●
chosen
,
presented
,
accepted
for
their
Speaker
.
Which
2.
late
presidents
infallibly
prove
,
1.
That
the
King
hath
an
absolute
power
over
any
Members
of
the
Commons
house
upon
a
just
occasion
,
to
call
them
thence
by
writ
to
be
Assistants
to
the
Lords
house
;
or
else
to
create
them
Peers
and
call
them
to
be
Members
of
the
Lords
house
,
as
he
did
Sir
Francis
Seymore
,
Mr.
Arthur
Capell
,
and
others
,
created
Lords
the
last
long
Parliament
:
2ly
,
That
the
calling
of
any
to
the
Lords
house
from
the
Commons
by
writ
,
as
Assistants
only
,
doth
not
totally
disable
them
to
be
Members
of
the
Commons
house
again
,
the
self-same
or
the
next
Parliament
,
but
that
upon
the
Commons
Petion
,
and
assent
of
the
King
and
Lords
,
they
may
be
remanded
to
the
Commons
house
,
and
be
Members
and
Speakers
thereof
again
;
but
not
by
the
Commons
votes
or
order
,
but
only
by
the
Kings
,
with
the
Lords
assent
,
who
may
refuse
to
remand
them
if
they
please
.
A
very
pregnant
argument
,
chat
the
power
of
removing
,
judging
,
suspending
,
approving
,
readmitting
Members
of
the
Commons
house
,
upon
Elections
or
Misdemeanors
,
belongs
not
of
right
to
the
Commons
house
,
but
to
the
King
and
House
of
Peers
,
as
I
have
formerly
evidenced
.
Admit●ing
then
that
the
Commons
have
de
facto
gained
,
exercised
this
privilege
of
late
years
to
judge
,
suspend
or
eject
their
own
Members
in
such
cases
without
the
King
and
House
of
Peers
,
yet
having
most
grosly
abused
it
of
late
,
to
the
ruine
,
subversion
of
Parliaments
,
I
must
conclude
with
the
[
*
](A56189-e125430-b)
*
Gratian
,
Caus.
11.
qu.
2.
Canonists
;
Privilegium
meretur
amittere
qui
abutitur
potestate
.
Jer.
6.16
.
Thus
saith
the
Lord
,
Stand
ye
in
the
wayes
and
see
,
and
ask
for
the
old
pathes
,
where
is
the
good
way
,
and
walk
therein
,
and
ye
shall
find
rest
for
your
souls
;
But
they
said
,
We
will
not
walk
therein
.
Prov.
24.21
,
22.
My
son
,
fear
thou
the
Lord
and
the
King
,
and
meddle
not
with
those
who
are
given
to
change
:
For
their
Calamity
shall
rise
suddenly
;
and
who
knoweth
the
ruine
of
them
both
?
Jer.
21.3
,
4.
c.
17.25
,
27.
Thus
saith
the
Lord
,
Execute
ye
judgement
,
and
deliver
the
spoiled
out
of
the
hands
of
the
Oppressor
,
and
do
no
wrong
:
do
no
violence
to
the
stranger
,
the
fatherless
nor
the
widdow
;
neither
shed
innocent
bloud
in
this
place
.
For
if
ye
do
this
thing
indeed
,
then
shall
there
enter
into
the
Gates
of
this
House
,
KINGS
&
PRINCES
sitting
upon
the
Throne
of
David
,
riding
in
chariots
and
on
horses
,
they
and
their
PRINCES
,
the
men
of
Iudah
,
and
the
inhabitants
of
Ierusalem
,
and
this
City
shall
remain
for
ever
.
But
if
you
will
not
hearken
unto
me
,
&c.
then
will
I
kindle
a
fire
in
the
gates
thereof
,
and
it
shall
devour
the
PALACES
of
Ierusalem
,
and
it
shall
not
be
quenched
.
FINIS
.