An exact abridgement of the records in the Tower of London from the reign of King Edward the Second, unto King Richard the Third, of all the Parliaments holden in each Kings reign, and the several acts in every Parliament : together with the names and titles of all the dukes, marquesses, earls, viscounts, and barons, summoned to every of the said Parliaments / collected by Sir Robert Cotton ... ; revised, rectified in sundry mistakes, and supplied with a preface, marginal notes, several ommissions, and exact tables ... by William Prynne ...

The Preface to the Reader.

COURTEOUS READER,

HAving already published to the World, a (a) Chronological Epitome, or Summary Collection of all the extant Parliamentary Councils, Sy∣nods, and publike State-Assemblies held within the Realm of Great Britain, upon several Occasions, from the Britons first arival in it under King Brute, (as our old Historians generally assert) till the Coronation of King William the Norman, Anno Dom. 1066. (conteining the space of 2390 years, or thereabouts, after the computation of the (b) Chronicle of Bromton, and (c) others;) And having likewise an intention (if God shall vouchsafe me life, health, liberty, opportunity and en∣couragements) to collect and publish, an Exact Chronological History of all the Great Councils, Synods, Parliaments, State As∣semblies, and the several Consultations, Debates, Acts, Edicts, Laws, Statutes, Ordinances, Iudgements, Petitions, Proceedings in them, and Writs of Summons to them, extant either in Histo∣ries or Records, & all other usefull Records, from the crow∣ning of K. William the first, Anno 1066. till the end of the reign of K. Charls, 1648. A most necessary, profitable, useful Work, (never yet undertaken by any to my knowledge) tending much to the Honour of our English Nation, the Dignity of our Parliaments and Great Councils, the ad∣vancement of our Laws, and Learning; the information,

instruction of the present times, and future ages, in our Par∣liamentary and State affairs of greatest concernment; the enabling Members of Parliament both to know, discharge their Duties, and maintain their antient Privileges, Juris∣dictions, better than in former times; the preservation of our usefullest Parliamentary Rolls, Journals, and other Re∣cords from Suppression, Embezlement, Oblivion, & to re∣ctifie sundry Gross mistakes both in our printed Statutes, Law-books, and Vulgar Historians: The compleating of which vast undertaking requiring more toylsom Study, Cost, expence, and time, than yet I can bestow thereon: I thereupon ap∣prehended, that I could not (in the Interim) perform a more profitable Service to my Country, conducing towards the furtherance of that great Undertaking, than (at the ear∣nest importunity of the Stationer, and some special Friends) to contribute my best directions, assistance towards the printing and publishing of this Exact Abridgement of the Parliamentary Records in the Tower of London, from the reign of King Edward 2. unto King Richard the 3. collected (as is generally voiced, believed) by that most eminent indu∣strious Collector of our best, rarest English Antiquities, Manu∣scripts, Leger-books, Records of all sorts, Sir ROBERT COT∣TON, whose famous Name and Memory alone, are suffi∣cient to adde more praise and lustre to this Abridgement, than any Panegyrical Epistle I am able to prefix thereto.

This Exact Abridgement being licensed for the Press, before the Stationer brought it me to peruse, I thereupon diligently read over the Copy, (belonging formerly to a person of qua∣lity, curiously bound up, gilt, and written in a very fair hand;) wherein I corrected several verbal mistakes of the Clerk in the Transcribing, and comparing it with another Transcript of mine own, supplyed some blank spaces in it, together with the Abridgements of the whole Parliaments of 21 E. 3. & 4. & 16. Rich. 2. the explanation of the Char∣ter of the Stanneries in the Parliament of 50 E. 3. the Abridg∣ment of the beginning of the 1. Parliament of 5 R. 2. to numb. 14. with the end of 15 R. 2. n. 36. &c. (wholly omitted in the Stationers Copy) without any alteration

(except in the Clerks misprisions) in, or addition to the Text it self, to avoid the Censure of being an over-officious Critick in another deceased honourable persons Posthumus Work.

After which perusal of the Copy, finding neither Notes of direction in the Margin, nor Tables in the end of this Abridgement, to direct the Reader readily to finde out the principal things, or Names of persons therein comprised; I thereupon supplyed these defects, with such Marginal Notes, and Tables thereto annexed, as might render it most usefull to the Buyers: comprizing the Principal matters therein contained, together with the Names of the No∣bles, and other persons mentioned therein, in Alphabetical Tables, with the names of the Admirals, Chancellors, Consta∣bles, Marshals, Iudges, Protectors, Privy Seals, Speakers of Par∣liament, Stewards of the Kings House, and other Great Officers mentioned in it, in a Chronological Order; with the years, Sections, Pages wherein they are recorded. Which additional Supplements will render it much more usefull and beneficial to the Reader upon all occasions, than it would have been without them.

The Subject matter of this Exact Abridgement consisting wholly of Records or Rolls of Parliament, and the principal matters of greatest publike and private concernment in Peace or War, debated, adjudged, transacted in this supre∣mest Court of the Realm, both for Iudicature & Consultation, with the Names of all the Nobility summoned to, or crea∣ted in our Parliaments, (never formerly published in print, and generally unknown to most Judges, Lawyers, Histo∣rians, Gentlemen, Bookmen of all Professions) will suffi∣ciently blazon and proclaim its Eminency, Utility, Excellency, Complacency, and Desirableness to every intelligent Reader, beyond all other late publications, and uncertain Reports of private Persons or Cases lately published, or any Histories yet set forth, without any other Proemial Encomiums; yea the manifold discoveries it makes of the Variances of sundry printed Statutes from the Parliament Records both in form and substance, and of divers bastard Statutes put in print,

never extant on Record (which Sir Edward Cook hath glea∣ned out of this Abridgement, and inserted into his 4 Institutes p. 50, 51, 52. though he there assumes the first discovery and honor of it to himself alone) will undeniably demon∣strate, how worthy it is the most serious perusal of the grea∣test, as well as meanest Professors of the Law; who com∣monly take all printed Statutes, and Reverend Sir Edward Cooks oft mistaken Records, for undoubted Oracles, without comparing them with the original Records themselves, out of over-much laziness or credulity.

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

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

1. Abridgements comprise in one small volume, the marrow, quintessence, and most remarkable usefull mate∣rials comprised in many large Records, and Voluminous Tomes; as one precious Jewel or small peece of Gold con∣tains within it the value of many peeces and pounds of I∣ron, Brass, Tinn, Silver; and one sheet in a small Pica let∣ter, the substance of many sheets set in Capitals.

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

3. They are more portable from place to place than the

Records and Volumes they abridge; and more ready at hand upon all occasions.

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

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

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

7. Abridgements have been reputed so necessary, usefull in all Arts, Sciences; as Divinity, Philosophy, Physick, Chirurgery, History; (e) Canon, Civil and Common Law, that we meet with almost infinite Epitomies, Summaries, Summes, Abridgements, Manuals, Breviaries of the best and chiefest Authors, or Materials in every of them, both in an∣tient and modern times. To confine my self only to my own profession of the Common Law. The several A∣bridgements of Statham; of Sir Anthony Fitzherbert, and Sir Robert Brooke (two reverend learned Judges) of the Year-books at large under several Titles heretofore; of Mr. Thomas Ashe his Table General to the Common Law

of England (nought else but an Epitome thereof under heads.) The Abridgement of the Book of Assizes, printed by Richard Tottle, Anno 1555. The several late Abridgements of Dyers, Plowdens, and Sir Edward Cooks Reports; and of our Statutes at large, by Mr. Iustice Rastall, Poulton, Dalton, the Author of the Compleat Iustice, Mr. Wingate and others (much magnified by all the Professors of the Law, and Country Justices of Peace, yea, made use of more than the Bookes and Statutes at large abridged by them) are a sufficient ar∣gument of the Utility, Conveniency, and Necessariness of Abridgements. And if these Abridgements of our printed Statutes and Law-books at large, (common in every shop and private Study) be so usefull, gratefull, necessary; how farr more usefull, excellent, necessary, desirable, delightfull must this Exact Abridgement be, of our rarest Parliament Records and Rolls, never yet published to the world in print, and meer strangers unto most Judges, Justices, Lawyers, Statesmen, Parliament-men, Historians, Scholars them∣selves, as well as to ordinary Plebeians, and rendring the substance of those excellent Records in English, which are for the most part enrolled in the French or Latin tongue, which few can readily read or understand?

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

1. Let all Professors of the Law and other Studies, be∣ware lest through sloathfulness, ease or negligence, they more study and make use of Abridgements in their profes∣sions, than of the original Law-books, Statutes, Authors abridged by thē to their hands; [d] lest they divert them to close & shallow Cisterns, whose leisure might serve (as they should principally endeavour) to be well acquainted with

the deep and open original springs, Authors, and Records themselves epitomized in and by them, whose Abridge∣ments will onely enable them to know but a little, and that superficially, at second hand, but not throughly instruct them to understand much.

2ly, When they have any special occasions to make publike use for themselves, their Clients, or others, of any Statutes, Law-books, Records, in this or any other Abridg∣ment, let them be sure to resort to the Originals them∣selves, and not rely upon the Abridgements alone, to pre∣vent Mistakes, Errors, yea the loss of their Reputations, if their Abridgements should misguide them. For, as the o∣riginal Records and Authors abridged, are farr more au∣thentick than the Abridgements: so they are commonly more full and satisfactory, (conteining sundry reasons, cir∣cumstances, and somtimes matters both of Fact and Law, which the Abridgements omit, curtal, and perchance mi∣stake;) and are best for use: Abridgements being much like Spirits, and the hottest extractions, which must be mixed with cooling waters, out of which they were first extracted, to allay their heat, when taken; Or like silver ex∣changed into gold for the lighter cariage, which must be changed again into silver, when used. It is dangerous taking any thing upon trust from Abridgements, or others Reports alone in matters of publike or private concernment. This was the Oversight of that great Ornament of our Law, Sir Edward Cooke, who by trusting to other mens Abridgements and Notes of Records, (which himself had no vacancy to examine) was often seduced by them, and hath thereby seduced others, by their mistakes and misrecitals publish∣ed in his printed Books; of which I have here and else∣where given the Readers some particular instances, to re∣ctifie both his and their mistakes, without the least inten∣tion to detract any thing from his Venerable due worth and memory.

3ly, Though this Abridgement be very exactly done by so learned and eminent an Antiquary whose Name it bears, yet through the carelesness of the Clerks who transcribed

it, I find here and there some mistakes in the Number roll, and some omissions of material Words, Clauses, yea of the whole Parliament Rolls of Ed. 2.46 E. 3. with some two or three Rolls more yet extant (not abridged in any Copy I have seen) which the publishing or perusal of the Parlia∣ment rolls at large will easily supply; I being unwilling to adde any Appendix of mine own to this deceased Au∣thors surviving industry. Besides, in one particular of mo∣ment, I find both a mistranslation of the French, and a mi∣staken Inference grounded on it by the Compiler of this Abridgement; of which I thought necessary to give the Reader special Notice, to rectifie his mistake, which hath seduced many, especially being since seconded therein by [f]Sir Edw. Cook. In the Abridgement of the Parliament Roll of 6 E. 3. n. 5, 6. whereas it is translated, The Bishops and Proctors of the Clergy went by themselves to consult therein. And THE LORDS AND COMMONS BY THEM∣SELVES. The LORDS AND COMMONS RETURN, &c. The word there translated Commons, is in the Roll and French, GRANTZ, with a dash, or GRANDEES, in both places•• and should be thus rendred in English. The Lords, Barons, and other GREAT MEN, (not Commons) by themselves. And the said Earls, Barons, et autres Grantz, AND OTHER GREAT MEN, (not Commons) by the mouth of Sir Henry Beaumont, &c. The Knights of Shires, and Commons being twice together distinguished from the Earls, Barons, and Great men, in this very Number-Roll; which I shall transcribe, to clear this mistake, and the inference grounded thereon•• Et les ditz Countz, Ba∣rons, et auters Grantz per eux mesmes: Les quex Countz, Ba∣rons, et auters Grantz puis revindrent et respondient touz au Roy par la bouch de Beaumond, &c. Les quels choses issint ordai∣niez per le ditz Countz, Barons et auters Grantz, luez devant nostre Seiur le Roy, et les Prelates, Chivalers des Countees, et les Gentz de Comune (here put in contradistinction to the Earls, Lords and Great men, and not present with them at their private debates, but severed from them as well as the Bishops and Clergy, and present only when they made

their report to the King, Prelates, Knights, Commons, and whole Parliament assembled together upon this occasion in one place) fueront plaisantz a eux touz; et per nostre Seiur le Roy, Prelates, Countz, Barons et auters Grantz, et auxint per les Chivalers des Countees et GENTZ DES COMUNE (here again distinguished from the Lords and Great men) fueront pleinment assentuz & accordez, &c. Now mark the inference thence made by the Abridger, n. 10. By the 5. and 6. Titles before may appear, THAT AT THIS TIME THE LORDS AND COMMONS WERE OF ONE HOUSE, and that then there was no Speaker for the Commons. That the Commons had then no Speaker, I conceive is an undoubt∣ed truth, since we find not any Speaker they had mentio∣ned in the Rolls, before the Parliaments of 51 E. 3. n. 89. and 1 R. 2. n. 16, 17. But, that the Lords and Commons were then of one House, and sate and consulted together, is a clear mi∣stake, directly contrary to this very record, whereon it is grounded, which expresly resolves; That the Earls, Barons, and Great m••n went by themselves to consult, as well as the Bi∣shops and Clergy; and that the Knights and Commons went not with them to consult, but were called together to hear their report made by Sir Henry Beaumont, to which they all gave their assents.

Sir Edward Cook in his 4. Institutes, c. 1. p. 4•• hath pro∣pagated this mistake, and thus backed it with some additi∣ons of his own. CERTAIN IT IS, THAT AT THE FIRST BOTH HOUSES (of Lords and Commons) SATE TOGE∣THER: as it appeareth by Modus tenendi Parliamentum: vide Rot. Parliamenti, 5 E. 3. n. 3. and in other places of the same Roll: and in 6 E. 3. in divers places it appeareth, THAT THE LORDS AND COMMONS SATE TOGETHER: But un∣der the favour of this Reverend Judge, as this Modus te∣nendi Par••iamentum, (he so much magnifies and insists on) is a meer Spurious Forgery and Imposture, full of gross errors, absurdities, not antienter than King Rich: the 2. reign (some part of it being taken out of 11 R. 2:) and no such antient Record in the Confessors, Conquerors, or Henry the 2. reigns, nor of such venerable Authority, or Antiquity, as Sir Edw. (by

many confident averrments, without any colour of truth) affirms it to be, in his 4 Institutes, p. 12.349 and elswhere; as Mr. Selden manifests in his Titles of Honour, part 2. p. 613, 685, 691, 738. to 745: and I have further evidenced in My Levellers Levelled; and third Part of A Seasonable, Legal, and Historical Vindication, &c. of the good old Fundamental Liber∣ties, Rights, Laws of England, p. 314. and the very Treatise it self will evidence to any person who is but meanly ver∣sed in Antiquities or Parliamentary Records. So, the Roll of 5 E. 3. n. 3. proves no such thing, That both Houses then sate together, but the contrary; that the Lords and Commons sate and consulted apart by themselves, and that certain Lords (as a special Committee only, not Lords House,) then treated, consulted with them, but no otherwise. And the Roll of 6 E. 3. proves expresly, that the Commons sate not to∣gether as one House with the Lords, but apart from them; To put this out of all further controversie, (h) Parl. 2.6 E: 3. n. 3. is express: That the Bishops by themselves, THE LORDS BY THEMSELVES, AND THE COMMONS BY THEM∣SELVES, consulted and advised the King, touching the War with Scotland: The like you may read in 13 E. 3. n. 4, to 10.13 E. 3. Parl. 2. n. 5, 6, 7, 8.14 E. 3. n. 6.7.17 E. 3. n. 9, 10, 11.18 E. 3. n. 10, 11.20 E. 3. n. 10, 11.21 E. 3. n. 4, 5.25 E. 3. n. 6, 7.36 E. 3. n. 6, 7.40 E. 3. n. 8.42 E. 3. n. 7.4•• E. 3. n. 5, 6.50 E. 3. n. 3, 8, 11, 12. &c. 51 E. 3. n. 18. and sundry other records throughout the reign of King Edward the 3d, and in other Parliaments since: Wherfore I wonder much at this gross confident mistake in Sir Edward Cook, against so many express Records; and that in his very Treatise tou∣ching Parliaments; which is full of other mistakes.

To instance in other particulars for the Readers infor∣mation, Sir Edward Cooke in his 4 Institutes, c. 1. p. 23. hath 5 or 6 gross mistakes together, touching the Iudicature in Parliament, which I have at large demonstrated, refuted in my Plea for the Lords, long since. Particularly, he there asserts, Rot. Parl. 1 H. 4.79. is no Act of Parliament, but an Ordinance: when as you may see by this Abridgement of of it, that it is neither an Act nor Ordinance, but only the Kings

Answer by the Archbishops mouth to the Commons prayer. That the Commons were only Petitioners, and THAT ALL JUDGEMENTS APPERTAIN UNTO THE KING AND LORDS, unlesse it were in Statutes, &c. After which he subjoyns, Rot. Parl. 2. H. 5. n. 13. Error assigned, that the Lords gave judgement without petition or assent of the Commons; when as there is no such Error therein assigned; and the judgement there alleged to be erroneous, was confirmed by the Lords, as you may read in this Abridgement, and more fully in my Plea for the Lords. To pretermit many more of his Mistakes, in his very Chapter of Parliaments, which this Abridgement will both discover and rectifie, I shall touch but upon one more. In his 4. Instit. p. 10. he hath this passage: Walsingham saith, that in Anno Domini 1404. which was Anno 6 H. 4 in the writs of the Summons of Parlia∣ment there was added by the King a Commandement in the Writ, THAT NO LAWYER SHOULD BE RETURNED KNIGHT OR BURGESSE. (But the Historian was deceived, FOR THERE IS NO SUCH CLAUSE IN THOSE WRITS, but it was wrought by the Kings Letters by pretext of an Ordinance in the Lords House in 46 E. 3.) In which passage there are three mistakes together, 1. A misrecital of Thomas of Wal∣singhams words, That no Lawyer or Apprentice should be elected Knight of the Shire; without any mention of Burgesses, (k) Direxit ergo Rex, (writes he) BREVIA Vicecomitibus; NE QUOSQUAM PRO COMITATIBUS ELIGERENT QUOVISMODO MILITES, QUI IN JURE REGNI VEL DOCTI FUISSENT, VEL APPRENTICII: Sed tales omni∣no mitterentur ad hoc negotium quos conslat ignorare cujusque Iu∣ris methodum. FACTUMqUE EST ITA. Whence he stiles it in his Margin, PARLIAMENTUM INDOCTORUM. To which he subjoyns in his (l) Ypodigma Neustriae, this obser∣vation; In hoc Parliamento concessa fuit Regi taxa insolita et in∣colis tricabilis et valde gravis. Cujus modum praesentibus inseru∣issem, nisi Concessores ipsi & Authores dicti Tallagii in perpetuum latere posteros maluissent. Nempe sub ea tantum conditione concede∣batur, ne traheretur posterius in exemplum, nec servarentur ejus evi∣dent••ae in the sauraria Regia, nec in Scaccario, sed Scripturae vel re∣cordationes

ejusdem protīnus post datum compotum cremarentur, nec emitterentur Brevia seu Commissiones contra Collectores vel Inqui∣sitores hujus negotii, de melius inquirendo. A good president for the burning, abolishing of all late records of illegal exces∣sive Taxes, Excises, imposed and levied on the English Nation for so many years together without intermission. 2ly, A charging of Walsingham (who lived in those times, and knew them better than Sir Edward Cooke) with a di∣rect mistake and untruth; That there is no such clause in the writs then issued, as he recites; when as it is most apparent by the writs themselves remaining on Record in the Tower in the Clause Roll of 5 H. 4. pars 2. m. 4 Dorso, (which I have perused with mine own eyes, for my own and others sa∣tisfaction) and by diverse Notes and Transcripts thereof which I have seen in Manuscripts, that there was this clause inserted into all the writs of Summons then issued, (to exclude the Sheriffs themselves, with all Apprentices and Men of the Law, from being elected Knights, Citizens, or Burgesses.) Nolumus autem quod tu, seu aliquis alius Viceco∣mes regni nostri, aut APPRENTICIUS, SIVE ALIQUIS ALIUS HOMO AD LEGEM ALIQUALITER SIT ELE∣CTUS.) Et habeas ibi nomina praedictorum Militum, Civium, Burgensium, & hoc Breve. Teste Rege apud Lichefield 25 die Augusti; on which day the writs of Summon both to the Archbishops, Bishops, and Temporal Lords, bear date, all entred together in the same Roll. I wonder therefore, up∣on what ground or misinformation Sir Edward Cook could so confidently averr the contrary, and tax this Historian for a mistake, in this wherein he was most right, and him∣self alone so palpably mistaken; whose confidence made me of his opinion, till I sifted out the truth by a more diligent search of the Record it self; not mentioned in this A∣bridgement. 3ly, In averring, that this was wrought by the Kings Letters, by pretext of an Ordinance of the Lords House in 46 E. 3. when that he stiles, an Ordinance of that the Lords House, was an Ordinance, or Act of Parliament (Ordinan∣ces and Acts of Parliament being both one and the same; as •• have (m) elsewhere unanswerably proved, agains••

(n) Sir Edward Cooks new mistaken Doctrine) made by the whole Parliament, not Lords House alone, excluding all Pra∣ctising Lawyers, & all Sheriffs from being elected Knights of Shires, or receiving wages for their Service in that Parliament, for the reasons therein mentioned; which Ordinance I shall here insert at large out of the Parliament Roll of 46 E. 3. num. 13. Auxi un Ordenance fait en mesme la Parlement fuit luez, en manere come ensuet. Pur ceo que Gentz de Ley que pursuont diverses busoignes en les Courts le Roy pur singuleres persones oue queux ils sont procurent, et font mettre pleuseurs Petitions en Parlementz en nom des Comons, que riens lour touche, mes s••lement les singulers persones, ou queuz ils font de moiez. Auxi Viscontz, que sont Communes Ministres au people, et devient demurrer sur lour Office pur droit faire a chuny, sont nomez, et ont este devant ces heures et retornez e•• Parlementz Chivalers des Countees per mesmes les Vis∣contz; Est accorde et assenta en cest Parlement, que desormes NUL HO∣ME DE LEY PURSUONT BUSOIGNES EN LA COURTE LE ROY, ne Viscount pur le temps que il est Viscount, SOIENT RE∣TOURNEZ, NE ACCEPTEZ CHIVALERS DES COUN∣TEES; ne que ces qui sont GENTZ DE LEY et Viscountz ore retour∣nez au Parlement EIENT GAGEZ.

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

An Ordinance most fit to be put in actual execution a∣gainst such practising Lawyers, who make su••e to be elected Parliament Members, only, or principally to get Clyents, Pra∣ctice, and Prae-audience of others at the Barr, and to promote their Clients or Friends causes in the House, rather than dili∣gently to discharge their publike Duties faithfully in the Par∣liament, according to their trusts; as too many have done of later ages, as well as when this Ordinance was first e∣nacted.

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

some times to differ from them in the number.

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

3ly, That there are farre more Writs of Summons to Par∣liaments extant in those Rolls, than there are Statute or Parl. Rolls; There being no Records at all in the Tower (except some few antient Charters, or Exemplifications of them) an∣tienter than the first year of King Iohn, all the rest from Wil∣liam the First his reign, till then, (except some few in the Exchequer, not relating to Parliaments) being utterly lost. The first Parliament Rolls yet remaining, are those of 5, 8, 9, and 19. of King Edward the 2. The Statute Roll of H. 3. Edw. 1. and Edw. 2. conteining some Statutes made in their reigns; a Parchment Book of some Pleas in Parliament, during the reigns of King Edward the 1. and 2. and a few Bundles of Petitions in the Parliaments of 6 E. 1. & 1, 2, 3, & 4. E. 3. none of which are here Abridged. Only I find in the Clause, Patent, Charter, and Fine Rolls of King John, Henry 3, Ed∣ward 1, and 2. some writs of Summons, and some m••morials of Acts, Ordinances made, and Aydes, Subsidies, Disms, Quin∣disms, Customs granted in Parliaments held during their reigns, the Rolls whereof are perished and quite lost, either

through the Negligence of the Record-keepers, or the Injury, Iniquity of the times, during the Civil wars between the King and Barons, in the reigns of King Iohn, and Henry the 3. and betwixt the two houses of Lancaster and York for the Title to the Crown; (wherein (it is very probable) the pre∣va••••ing Kings parties, by their instruments, embezelled, suppressed such Parliamentary Records and Proceedings, as made most against their Interests, Power, Prerogatives, Titles;) or through the Default of our Kings Great Officers and Atturneys, who sending for the Parliament Rolls out of the Tower upon special occasions, never returned them a∣gain, for reasons best known to themselves; By means whereof, these Parliament Rolls being no where to bee found, their defects must be supplyed only out of such Fragments and Memorials of them as are extant in our other Records, and antient Historians, (especially in Matthew Pa∣ris, Matthew Westminster, William of Malmsbury, Henry Arch∣deacon of Huntingdon, Roger de Hoveden, Simeon Dunelmensis, the Chronicle of Bromton, Radulphus de Diceto, Ranulphus Ci∣strensis, and Thomas of Walsingham;) who give us some account of their Proceedings and Transactions, which else had been utterly buried in oblivion, as well as their Rolls, wher∣••n they were at large recorded, as is evident by the Parlia∣ment Rolls yet extant, exactly relating all the Parl. Acts, Judgments, Proceedings, as you may discern by this A∣bridgement; But more clearly by the Rolls at large, made up and engrossed by the Clerk of the Parliament, with the assist∣ance or supervising of the Lords, Iudges, and Commons too, when there was occasion.

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

1. That it was the Common Custom in former ages, the first day of every Parliament by special Proclamation, to [o] inhibit the wearing of any Arms or weapons, under severe pe∣nalties, within such Cities and places where the Parlia∣ment

sate, to prevent all disturbances, quarrels, intimida∣tions, over-awings of the Members by Fear or Force. A practice now fit to be revived, after so many late armed Guards, Forces, not only over-awing, disturbing, enfor∣cing, but dissolving Parliaments, and secluding, securing their Members at their pleasure.

2. That our Parliaments, were alwayes [p] usually adjourned and put off till some further day, when any considerable Number of the Lords or Commons were absent, or not come, appea∣ring at the first day of Summons, and the Declaration of the Cau∣ses of summoning the Parliament, adjourned till all the Members were come, and the Parliaments full.

3. That the Lords some times, and the Commons were all fre∣quently [q] called by Name the first day of the Parliaments sitting; and all of them admitted, yea commanded to sit in, and attend the Parliament; and such as were absent without just cause, both bla∣med and fined.

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

5. That [r] No Members of Parliament could be arrested, imprisoned or taken in execution for Debt, or any other occasion sit∣ting the Parliament, but only for Treason, Felony, or Breach of the Peace: and if any were arrested or taken in execution against their privileges, they were, upon complaint, released to attend the pub∣like service of their Country in Parliament.

6. That our Kings themselves did usually by their Chan∣cellors or Chief Justices, when they declared the Causes of summoning every Parliament to the 3. Estates, most commonly grant and declare of their own accords, [s] That all Estates should enjoy their Privileges, belonging to them as Members; and likewise, That the Church, with all Corporations, and other persons whatsoever, should enjoy their an∣tient Liberties, Rights, Customs and Franchises, which was one chief end of summoning Parliaments: and the Great Charter of their Li∣berties,

of the Forest, and all other good Laws, and Statutes due observation, and to have the violations of them redressed, punished.

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

8. That [u] No Subsidies, Aydes, Tonnage, Poundage, Impo∣sitions, or new Customs whatsoever lawfully might or could be granted, imposed or levied on the Subjects, but only in and by their Free Grants and Consents in Parliament, up∣on urgent necessities, on such conditions, cautions, li∣mitations, and for such ends, uses, purposes, in such moderate proportions, as our Parliaments thought fit to li∣mit and prescribe. And that all Customs, Impositions, New Taxes, Extortions, not thus granted, imposed by Par∣liament, were constantly complained of, punished, re∣dressed by the next ensuing Parliaments.

9. That our Kings usually returned the Lords and Com∣mons [x] special thanks for their Aids, Subsidies, though in Cases of publick Defence, for their own and the Kingdoms safety; and likewise gratified them with the Grants of general Pardons, the answer of all their just Petitions, Relief of their common Grievances, Confirmations of their Liberties, and enacting of wholesom New necessary Laws.

10. That the first thing the Lords and Commons usual∣ly [y] Petitioned for, and our Kings, Parliaments enacted in every Session, was the Confirmation of the Great Charter, the Charter of the Forest, with other good Laws, and publike Liberties, and for redress of all Grievances, Imprisonments, and restraints re∣pugnant thereunto, which they still obtained.

12. That our Parliaments in former ages, have been ve∣ry carefull, to resume all the lands and revenues aliened from the Crown, and to reunite them thereunto, for the better support of our Kings, defraying the publike expences of the Kingdom, and the easing of the Subjects from Subsidies and Taxes, as 1 R. 2. n•• 48. 1 H. 4. n. 100. 6 H. 4. n. 14, 15. 8 H. 4. n. 29. 52.1 H. 5. c. 9. 28 H. 6. n. 54. 29 H. 6. n. 17. 31 H. 6. c. 7. 35 H. 6. n. 47.

4 E. 4. n. 39, 40. 7 E. 4. n. 8. 8 E. 4. n. 26. 13 E. 4. n. 6. and other Records here evidence. Neither is this a practice peculiar unto England, both in these Parliaments, and in former ages, but Universal through the world; †

All Monarchs and States having held it for a general and universal Law; That the publike Revenues should be holy, sacred, and in∣alienable, either by Contract or prescription; to the end that Princes should not be forced to overcharge their Sub∣jects with Imposts, or to seek any unlawfull means to forfeit their goods to supply their necessities: most Kings and Princes being for this reason specially sworn, and ta∣king an Oath when they come to the Crown, in no wayes to sell or make away the Revenues or Lands of the Crown; and more particularly the Kings of France, England, Spain, Poland, Hungary. The which is also ob∣served in Popular and Aristocratical estates, as in Venice, the Cantons of the Swissers, the Senate of Lucern, even in la∣ter times, and at this very day; and in Athens and Rome it self in antient times; where Themistocles, and Cato the Cen∣sor, caused all the publike Revenues to be seized on, which through tract of time, and sufferance of Magistrates, had been sold unto, or usurped by private men; saying in their Orations, That mortal men could never prescribe against the im∣mortal God, nor private men against the Common weal. Upon which grounds, the Parliaments of France, Poland, and o∣ther Realms, have frequently resumed the Crown Lands and Revenues sold•• or given away to Princes of the blood, Nobles and private persons; such Sales and Gifts being meerly void in Law, and destructive to the publike: as you may read at large in Iohn Bodin his Common-wealth, l. 6. cap. 2. Dr. Crakenthorps Defence of Constantine, p. 169. to 172.

The second Part of my Soveraign Power of Parlia∣ments and Kingdoms, p. 12. to 16. and the severall Authors there cited to this purpose.

All which particulars (of late years discontinued, and almost quite abandoned) are now fit to be revived in all succeeding Parliaments.

12. It is observable, that our Parliaments now and then, ei∣ther

out of hatred, envy, passion, or compliance with some potent ambitious popular swaying Lords and Grandees, have most unjustly, illegally [z] condemned, executed, ba∣nished, fined, sentenced, oppressed sundry Innocent, & some well deserved persons, without just cause, trial, or due con∣viction of any real Crimes; whose Sentences thereupon have been justly questioned, damned, reversed in succee∣ding Parliaments, not only out of Grace and Favour, but Justice and common Equity; of which you may finde sundry presidents in this Abridgement.

13. That all such Parliaments and ambitious self-seek∣ers in them, who under a pretence of publike Reformati∣on, Liberty, the peoples ease or welfare, have (by indi∣rect surmises, policies, practices, force, and new devices) most usurped upon the Lawfull Prerogatives of their Kings, or the Persons, Lives, Offices, Estates of such Nobles, Great Officers and other persons of a contrary party whom they most dreaded, maligned; and which have imposed New Oaths or Engagements on the Members, to secure, perpe∣tuate and make irrevocable their own Acts, Iudgments, and unrighteous proceedings; have alwayes proved most abortive, successeless, pernicious to themselves and the activest In∣struments in them; the Parliaments themselves being com∣monly totally repealed, nulled, and the Grandees in them suppressed, impeached, condemned, destroyed as Tray∣tors and Enemies to the publike, in the very next succeed∣ing Parliaments, or not long after; witness the Parlia∣ments of 15 E. 3.11 & 21 R. 2.38 & 39 H. 6. 1 H. 4. 1 E. 4. & 1 R. 3. and some others here abridged, 15 E. 3. Stat. 2. 17 E. 3. rot. Parl. n. 23. 21 R. 2. c. 2. 1 H. 4. c. 3. 33 H. 6. c. 1. 17 E. 4. c. 7. 1 H. 4. n. 70.113. 1 H. 7. c. 6.

14. That Kings created and set up meerly by Parlia∣ments, and their own power in them, without any true hereditary Title, have seldom answered the Lords and Comons expectations in the preservation of their just Laws, Liberties, and answers to their Petitions; yea themselves at last branded for Tyrants, Traytors, Murderers, Usurpers, their posterities impeached of High Treason, and Disinherited

of the Crown by succeeding Parliaments and King, as you may here read at large in the Parliaments of King Henry 4. 1 H. 5. m. 8. 39 H. 6. 1 & 3 E. 4. 1 Rich. the 3d. and 1 H. 7. c. 6.

From these 3. last Observations, we may discern, that as Parliaments are the best of all Courts, Councils when duly summoned, convened, constituted, ordered, and kept within their legal Bounds•• so they become the greatest Mischiefs, Grievances to the Kingdom, when like the O∣cean they overflow their banks, or degenerate and become (through Sedition, Faction, malice, fear, or infatuation by divine Justice) promoters of corrupt, sinister ends, or ac∣complishers of the private designs & ambitious Interests of particular Persons, under the disguise of publike Reforma∣mation, Liberty, Safety, Settlement: according to that of Isay 19.13, 14, 15. The counsel of the wise Counsellors of Pha∣raoh is become brutish: The Princes of Zoan are become fools, the Princes of Noph are deceived, they have also seduced Egypt, even they that are the stay of the Tribes thereof: The Lord hath mingled a spirit of Perversenesse in the midst thereof; and they have caused Egypt to err in every work thereof, as a drunken man stag∣gereth in his vomit; Neither shall there be any work for Egypt which the head or tail, branch or rush may doe.

So as we may justly conclude with that of Psal. 118 8, 9. It is better to trust in the Lord, than to put confidence in man: It is better to trust in the Lord, than to put confidence in Princes, yea, or Parliaments. Wherefore,[a] Put not your trust in Princes (in Parliaments,) nor in any son of man, in whom there is no help; yea,[b] Cease ye from man whose breath is in his nostrils, for where∣in is he to be accounted of: For although usually in a way of ordinary providence, [c] In the multitude of Counsellers there is safety; yet God many times in justice, [d] Leadeth the greatest Counsellers (yea Parliaments themselves) away spoyled, and maketh the Iudges fools: so that [e] though they associate them∣selves together, they shall be broken in pieces; and though they take Counsel together, yet it shall come to naught, when God is not with, but against them; whereof we have seen many late sad domestick experiments, to wean us from Deifying, I∣dolizing

of, or over-much confiding in, or depending upon Parliaments; which have been so subject to Errors, De∣viations, Abortions in former and later times.

Touching the Original of electing and sending Knights, Citizens and Burgesses to our Parliaments, it is very obscure and dubious. Sir Robert Cotton (the Author of this Abridg∣ment,) [a] In his brief Discourse concerning the Power of the Peers in Parliament, in point of Iudicature, affirms and proves; That the Generale Placitum, Universalis Synodus, Magnum & Commune Concilium of the Realm, now stiled a Parlia∣ment, was held Ceram Episcopis & Magnatibus suis; Or Co∣ram Episcopis & Principibus Regni in praesentia Regis; This Great Court or Council consisting of the King and Barons, ruled all affairs of State, and controlled all Inferiour Courts, Causes being referred and transferred out of the County and other Courts unto it, propter aliquam dubitation••m quae emergit, cum Comitatus nescit dijudicare, as Glanvil (in King Henry the se∣conds reign) informs us, and [b] Bracton, [c] Britton, with [d] sundry Statutes, and [e] Records of later date; with the antient presidents of Ethelwold Bishop of Wilton his sute a∣gainst Leoftine, and Q Edgin against Goda in the time of King Ethelred•• the sute between the Bishop of Winton & Durham in the time of St. Edward; and one in the 10. year of the Conqueror evidence. The power of the Peers in this Courtt, and of certain Officers (as the Steward, Constable, and Mar∣shal, fixed upon Families in fee for many ages) was so tran∣scendent, that it seemed to be set to bound in the execution of Prin∣ces wills, and grew fearfull to Monarchy. Hereupon King Henry 3. when the daring Earl of Leicester was slain at the battel of Evesham, by the dear experience himself had made at the Parliament at Oxford in the 40. year of his reign, and the memory of the many streights his Father was driven unto, especially at Runny-mead near Stanes, wisely began to lessen the strength and power of his great Council, weakning that hand of power which they carried in the Parliaments, by commanding the service of many Knights, Citizens and Burgesses to that Council. NOW BEGAN (saith he) THE FREQUENT SENDING OF WRITS TO THE COMMONS: THEIR ASSENTS

not only used in Money, Charge, and making Laws, (For before ALL ORDINANCES PASSED BY THE KING & PEERS) but THEIR CONSENTS IN JUDGMENTS OF ALL NA∣TURES, WHETHER CIVIL OR CRIMINAL. For proof whereof he produceth some succeeding presidents out of records:

When Adomar that proud Prelat of Winchester, the Kings half Brother, had grieved the State with his daring pow∣er, he was exiled by the joynt consent of the King, the Lords and Commons: and this appeareth expresly by the Answer to the Let∣ter sent by Pope Alexander the 4th, expostulating a Revoca∣tion of him from Banishment, because he was a Church-man, and so not subject to Lay Censures. In this the Answer is; [f] Si Dominus Rex et regni Majores hoc vellent, COMMU∣NITAS TAMEN IPSIUS INGRESSUM IN ANGLIAM JAM NULLATENUS SUSTINERENT. The Peers sub∣joyn this answer, with their names; and Petrus de Mont∣ford, VICE TOTIUS COMMUNITATIS, as SPEAKER, or PROLO∣CUTOR OF THE COMMONS; For by this stile Sir Io. Tiptoff Prolocutor, affirmeth (g) under his Arms the Deed of en∣tail of the Crown by King Hen. 4. in the 8. year of his reign, for ALL THE COMMONS.

By which passage and president it is apparent; that in Sir Robert Cottons Judgement, the Commons were not usually summoned to our Parliaments by writs,(h) till after 40 of King H. 3. and that purposely, to curb and lessen the power of the Lords in Parliament. This President he cites of Bishop Adomar out of the Leiger book of St. Albans, falls in 44 H. 3. full 5 years before the Earl of Leicester was slain, in which year Adomar died at Paris, as he was posting from Rome into England to recover his Bishoprick; Pope Alexander also dyed the same year 1260. in which I read there was a Parlia∣ment held, but no mention of any Commons in it, neither is there in our Records any Writ of Summons for electing Knights or Burgesses to repair to it in this year. Onely I find there was a great difference then begun between King Henry and his Magnates & Barones, about the Ordinances made in the Parliament at Oxford, which the King refused to observe, contrary to his Oath, from which he gained an absolution from the

Pope I likewise read in William Rishanger his Continua∣tion of Matthew Paris, that this (44.) year, Magnates, the Nobles (not Commons) sent quatuor Milites satis facundos qui Epistolam Sigillis suis firmatam Papae & Cardinalibus ex∣hi••erent; containing many grievous accusations against this Bishop elect of Winton, to hinder his promotion, and re∣turn into England; which Letter was sent from them, sitting rather in a Military Councel at Oxford, than in a true and real Parliament: where Simon de Montsord Earl of Leicester, Ri∣chard de Clare Earl of Gloucester, MULTIQUE NOBILES IPSIS ADHAERENTES CONVENERUNT OXONIIS, EQUIS & ARMIS SUFFICIENTER INSTRUCTI; finaliter statuentes in animo, aut mori pro pace patriae, aut pacis eliminare a patria turbatores; as Rishanger relates: Praeceperunt∣que omnibus qui eisdem servitium militare debuerant, quatenus cum insis venirent parati, veluti ad corpora sua contra hostiles insultus defensu••i. Quod et fecerunt, palliantes talem adventum, eo quod in Walliam contra hostes Regis viderentur collectis viribus pro∣f••cturi, as Matthew Paris himself records. Neither was this Letter signed and sealed by Peter de Montsord, as Speaker or Proctor to the Commonalty of England then assembled or represented by their Knights or Burgesses•• in the Commons House of Parliament, or distinguished from the Lords and Barons, like that Deed of intayl by Sir Iohn Tiptoft their Speaker in 8 H. 4. as Sir Robert Cotton imports, and others would thence inferr, which I shall irrefragably evidence: 1. By the beginning, close and subscription of this very Let∣ter, printed in the (i) Additamenta of Matthew Paris. It be∣gins thus, Sanctissimo Patri in Christo, Alexandro &c. COMMUNITAS COMITUM, PROCERUM, MAGNA∣TUM, ALIORUMQUE REGNI ANGLIAE, cum subjectione debita, pedum oscula beatorum. And it is thus joyntly subscri∣bed and sealed by 6. Earls, and 5. other Great men: Et Nos R. de Clare, Gloverniae & Herefordiae•• S. de Monteforti Legriae, R. Bigod Mariscallus Angliae, H. de Bohun, He∣refordiae, & Essexiae, W. Albemarle, J. de Placito Warwici, Comites, H. Bigod Justiciarius Angliae, P. de Subaudia, J. Filius Galfridi, Jacobus de Audel, & Petrus de Monteforti, VI••E TOTIUS COMMUNITATIS praesentibus Literis,

SIGILLA NOSTRA APPOSUIMUS IN TESTIMONIUM PRAEDI••TORUM: The Whole COMMUNITY therefore in whose behalf or stead they signed and sealed this Let∣ter, was only the Communitas Comitum, Procerum, Magnatum, aliorumque Regni Angliae, or Whole Baronage of England, men∣tioned in the beginning of it, in whole names alone it was written; not the meer Commons house, or Commonalty of Eng∣land, either in or out of Parliament, as contradistinct from the Lords. And these 11. Earls, Barons and Great men, joyntly signed and sealed it, Vice totius Communitatis, as joynt Proctors to this whole Community of the Baronage of Eng∣land, not ten of them as Proxies to the Earls, Nobles, and Great men, and Peter de Montfort (the 11.) as Speaker, or Proctor to the Commons in or out of Parliament, as is erroni∣ously surmised. 2ly. It is most evident by the words of (k) Mat. Paris, (who placeth this Letter in Anno 1458. or 41 H. 3. whereas Sir Robert Cotton, and Rishanger referr it to Anno 1260. or 44 H. 3) Destinantur Nuncii solennes ad Dominum Papam ex parte Regni, ET TOTIUS ANGLIAE UNI∣VERSITATE, &c. Causam autem Itineris eorum et SCRIPTUM A BARNAGIO TRANSCRIPTUM audire qui cupit, in libro Ad∣ditamentorum invenire praevalebit. Which, compared with his (l) Istud detestabile factum Romano erat Pontifici PER BARO∣NES significatum, in this very Letter: his Magnates & Nobi∣les terrae, &c. And his, Tale iniit Consilium UNIVERSITAS BARNAGII, will undeniably manifest, That the Ba∣rons, and Universality of the Baronage only, not the meer Com∣mons of England, writ and sent this Letter, and were the tota Communitas mentioned and intended in it, in whose behalf these 11 Earls and Grandees subscribed and sealed it; not the UNIVERSITAS REGNI POPULARIS, ETSI NON NOBILES, whom (m) Mat. Paris distinguisheth from them by this very expression in the same year, and upon the same occasion, who Pictavienses obsiderent, et Castra eorum funditus dissiparent. Wherefore neither the signing nor sea∣ling of this Letter by them, Vice totius Communitatis: nor this Clause in it: Etsi Dominus Rex et Magnates hoc vellent, COM∣MUNITAS tamen ipsius ingressum in Angliam nullatenus su∣stinerent (meant only of the Vulgar Rable, or Uiversitas Reg∣ni

popularis, as Mat. Paris stiles them, who were much in∣raged against him,) being the same in substance with that phrase in King Henry the first his Letter unto Pope Paschal, not in, but out of Parliament, (n) Et si ego (quod absit) in tanta me dejectione pon••rem, Optimates vero, et TOTUS AN∣GLIAE POPULUS ID NULLO MODO PATERETUR) can be any convincing, or probable evidence at all, that this Bishop elect of Winchester, was then judicially banished by the joint con∣sent of the King, Nobles and Commons in Parliament (as is sug∣gested) he being (o) forced to fly thence, through fear of their arms alone, not banished by their judicial sentence; as they thus expresly inform the Pope in another Letter sent to him with the former, to inhibit his return; (p) Maxime CUM IPSE A REGNO EXPULSUS NON EXTITE∣RIT, SED SPONTE CESSERIT, non ausus exhibitionem Iu∣stitiae, quae singulis secundum Iuramenta Regis & Procerum debe∣batur, expectare. Much lesse is it any proof that the Com∣mons in that age, had a Voice and consent in Parliament Iudg∣ments of all Natures: (since they never had it in succeeding ages, unlesse it were by way of Bill, as the whole Commons House acknowledged in the Parliament of 1 H. 4. n. 79. and I have manifested at large in my Plea for the Lords;) no more than that they had then a Speaker or House of Com∣mons, which is clear by subsequent Parliaments in this A∣bridgement, they had not till many years after 44 H. 3. and after the Parl. of 6 E. 3. 3ly, This will most evidently ap∣pear, by the Barons Letter sent to King Henry the third, to Lewes, Anno Dom. 1264. (the 48 year of his reign) from their Camp. Barones & alii fideles sui, &c. subscribed only by the Earl of Leicester and Gilbert de Clare; ad Petitionem alio∣rum: And by the Letter of Richard King of Romans, Prince Edward the Kings eldest son; caeterique Barones omnes & Mi∣lites, praedicto Regi Angliae constanter adhaerentes fide sincera & opibus, sent to the Barons in answer thereunto: thus sub∣scribed, Rex Alemanniae, & Edwardus filius Regis, nomine suo & aliorum Regi adhaerentium. Omnes nos contenti sumus praedicto∣rum Dominorum sigillis. In both which Letters, the two Earls, and the King of Romans, and Prince Edward, joyntly signed and sealed in the Name of all the Barons, Knights,

and others of either party, and not one of them as a Proctor or Speaker to the Commons, and the other as Proxie to the Barons and Lords: both Letters being writ from their Camp, not Parliament; and neither of them relating to the Commons House, or Judicature in Parliament, just like this Letter concerning Bishop Adomar; Therefore no infe∣rence can be thence deduced, to prove the Commons had either any House, Speaker, or Judicature in the Parliaments of 42, or 44 of Henry the third.

The first expresse writ I find of any Knights of Counties by name summoned to our Parliaments as Members, is that of Claus. 49 H. 3. dors. 10, 11. requiring Sheriffs, to summon 2. Knights out of every County to the Pa••liament, which was pre∣sently after the battel of Evesham the same year the Earl of Leicester was slain, the Barons totally routed by Pr. Edward, and King Henry rescued out of their hands; when Sir Ro∣bert Cotton affirms (and that (q) most truly, as I conjecture) THESE VVRITS BEGAN. The writs of Rot. Claus. 15. Joh. pars 2. m. 7. dorso. Patents 8 H. 3. pars 3. m. 4. Dors & Claus. 38 H 3. dors. 13. (which seem somewhat like a Summons of Knights to Pa••liament) being conceived by some upon good grounds, not to be a direct summons of any Commoners or Knights of Shir••s to Parliament, as Members, but in another kinde; when as we find (r) VVrits of Summons to Parliament directed to Bishops and the Temporal Lords and Barons, before 49 H. 3. without any such VVrits for ••n••ghts or Burgesses.

In what place the Commons usually assembled at first, is uncertain, but most likely it was in the Chapter House of of the Abbot of Westminster, as is clear by 50 E. 3. n. 8. and other records: How unable and unwilling the Commons were at first, of themselves to advise in ma••ters of Peace or Warr, (s) referring themselves usually herein to the King and Lords alone, and desiring a special Committee of Lords to advise and direct them in most things else; and how they got a Speaker and House of their own at last (in the dotage of King Edward the 3. and nonage of Richa••d the 2.) and then pro∣ceeded by degrees to meddle with the greatest affairs of the State, Court, and Crown, being set on by some ambitious Lords,

to promote their designes thereby, you may observe throughout this Abridgement, of which the Table will render you a more particular account. What use the Lords made of the Commons, and their Speakers, to curb the King, and his greatest Officers, Minions, Favourites, you may here read at large in the Parliaments of 50 E. 3. of 1, 3, 5, 7, 10, 11, R. 2. 1 H. 4.28, 33, 38, & 39 H. 6. And how King Rich. 2. made use of them to suppresse his Domineering Lords, and King Edward the 4. used them as his Instruments to curb, suppress both King Hen. the 6. and the Lords that were opposite to him you may observe in the Parliaments of 21 R. 2 33, & 39 H. 6. & 1 Ed. 4. especially n. 38, 39. in his Speech there made unto the Commons; By whose assistance he was restored to the Crown, and soon after to all the Lands and Revenues alienated from it, by Acts of Resumption; Whereupon he promised the Commons in Parliament with his own mouth, (t) To live of his own, without charging them; (u)and left off all gathering of money and Impositions on them, as the only thing which withdraws the hearts of the English from their Prince; receiving onely Tonnage and Poundage; and but (x) some 3. or 4. Disms and Quindisms of small value, (which they (y) freely granted him towards his wars,) during all his 23 years reign. A president worthy present and future imita∣tion, for the oppressed peoples ease, especially after so many yeares uncessant heavy Taxes of all sorts extorted from them, rather for private ends, than the publike Interest and Welfare of the Kingdom. What other particulars of Note touching the Commons, Lords, or Parliament affairs occurr in this Abridgement, the Table will more punctually inform the Reader.

I shall only further observe, that in all the Parliaments of King Ed. 3. R. 2. H. 4, 5, 6. Ed. 4 and R. 3. here a∣bridged, the Commons House never claimed, nor exerci∣sed any such Jurisdiction, as hath been usurped by it of late years, in some particulars of moment. 1. They never presumed, nor pretended to make, print or publish any Act, Ordinance, Order whatsoever, relating to the people, Kingdom, or own Members, without the Kings and

Lords precedent approbation and concurrence. 2. They never attempted to impose any Tax, Tallage, Charge, Im∣post, Excise, or Duty whatsoever on the people, without the Lords and Kings assent. 3. They never adventured to appoint any special Committees or Sub Committees to hear, examine, determine any particular businesse or complaint, before, & without any Report thereof to the whole House of Commons, nor without the privity and assent of the House of Lords, by way of transmission or impeachment to their Superiour Authority and Judicature; An intollera∣ble Grievance of puny times. 4. They never attached, fined, imprisoned, or censured any Person by their own authori∣ty, without the Lords, as they have done hundreds of late years. 5. They never presumed to seclude or secure any of their own Members, nor yet finally to judge of the Legali∣ty, or Illegality of their Elections, nor of the breach of their Privileges, by imprisonment or otherwise, of which the King and Lords were antiently sole Iudges, as is evident by 16 R. 2. n. 6. 12 R. 2. n. 23. 1 H. 4. n. 79. 4 H. 4. n. 19, 20. 5 H. 4. n. 71.78. &c. 5. 8 H. 4. 13. Brook Parl. 11. 8 H. 6. n. 57. 23 H. 6. n. 41. 31 H. 6. n. 36, 27, 28. 14 E. 4. n. 55. 17 E. 4. n. 36. with other Presidents cited in my Plea for the Lords. 6. They were always Petitioners to the King, Lords, for publike Laws, Grievances, and private Persons; but very seldom petitioned unto, upon any occasion, as you may observe throughout this Abridgment: some of the first Petitions to them, being those of the Upholsters, and Merchant Adventurers of London, whereon Acts were made, mentioned in the printed Sta∣tutes of 11 H. 7. c. 19. 12 H. 7. ••. 6. since the Parliaments here abbreviated. 7. Though they had the free Election of their Speakers granted them, yet they alwayes of course presented their Speakers to the King and Lords, at their appointed time; who had power to allow of them, and their excuses, or to disallow and discharge them when elected; yea to enjoyn them to elect, present another Speaker, when the former through sicknes, imprisonment, or other impediment, was disabled or discharged; as is evident by 1 H. 4. n. 62, 63, 64, 1 H. 5. n. 9, 10, 11.15. H. 6. n. 10.27, 28 H. 6. n. 6, 7. 32 H. 6. n. 6.25, 26, 27, 28,

29. and Cookes 4 Instit. p. 8. 8. They alwayes stood bare∣headed, when they repaired to the Lords House upon the first day of the Parliament, Conferences, Passing of Bils, Messages, or any other Occasions, when as the Lords sate covered; 8 R. 2. n. 2. which custome continued so long as the Lords House sate, even till 1648. 9. They never did nor could of right administer an Oath to Witnesses, or others, examined by the whole House or Committees, as the Lords House usually did; 7 R. 2. n. 14. Plac. Coron. 1 H. 4. n. 10. They had no Vote, Iudicature in Writs of Error brought in Parliam. returnable only before, and tryed in and by the Lords House alone; nor yet in Criminall Causes upon Impeach∣ments, wherein the Lords alone were Iudges, in cases both of Peers and Commoners; as I have proved at large in my Plea for the Lords, Which the Commons themselves acknowledged, 1 H. 7. n. 79. and you may here observe throughout this Abridgement.

To close up this Preface, I dare affirm, that the several Treatises of our English Parliaments, formerly published by (z) Sir Tho. Smith, (a) Iohn Vowel, (b) Hotinshed, (c) Sta∣tham, Fitzherbert, Brook, (d) Mr. Richard Crompton, (e) Mr Cambden, (f) Doctor Cowel, (g) Minshew, and (h) Sir Ed∣ward Cook, with his much magnified Spurious Antiquity of Modus tenendi Parliamentum, will not all of them put to∣gether, give the Reader half so much certain knowledge, such infallible Evidence touching the Constitution, Iuris∣diction, Privileges, Proceedings, Debates, Resolutions, Customs, Orders, Ends, affairs of our English Parliaments, Lords, or Commons hou∣ses, as this Abridgement alone: formerly locked up in Pri∣vate Cabinets, but now made (i) Common for the publick good. The publication whereof, will not onely restore (k) that Key of Knowledge, which some self-seeking Monopo∣lists of our Records would have taken away; but likewise un∣lock the Tower doors, and lay open the long closed Parliament Rolls there kept, in some good measure, to all Noblemens, Gentlemens, Parliament-mens, Lawyers, Scholars sights, who are desirous to peruse them. VVhose kind acceptation

of my Endeavors to make them not only publike, but profi∣table, will be some Encouragement for me to proceed in other Publications of this nature; and to live and die, as I desire,

A faithfull, indefatigable Servant to my Country in all good Offices, William Prynne.

From my Study in Lincolns Inne, March 10. 1656. 7.

Notes

• (a)

  In the 3. First Parts of my Seaso∣nable, Legal, Histo∣rical Vindication, & Chronological Collection of the Good old Funda∣mental Liberties, Rights, Laws, &c. of all English Free∣men.
• (b)

  Col. 725.
• (c)

  Marianus Scotus, Florentius Wigornien∣sis, Mat. Westminster.
• (d)

  Sir Henry Wot∣ton his Aphorisms of Education, p. 305.
• (e)

  See Summa Raymundi, Summa Angelica, Summa Rosella, Hostiensis Summa: & others.
• [d]

  See Sir Henry Wottons Aphorisms of Education, p. 305.
• My Plea for the Lords: and De∣murrers to the Jews Remitter, &c.
• 20 H. 6.
• [f]

  4 Institutes, p. 4.
• Here p. 11, 12.
• Here p. 1••
• See my Levellers Levelled p. 18, 19.
• 1 Instit. f. 69 110. 2 Instit. p. 7.8. E∣pistle to his 9th Re∣port.
• (h)

  Here p. 13.
• Page 539.
• (k)

  Hist. Angliae, p. 414
• (l)

  Anno 1404. p. 164.
• (m)

  In my Irenar∣chus Redivivus, p. 27. to 74.
• (n)

  In His 4 Institut•• p. 25.
• 4 Institutes c. 1. p. 10.
• [o]

  See 6 E. 3. n. 1, 2, 3, &c. 13 E. 3. Part. 2. n. 2. 14 E. 3. n. 1. 15 E. 3. n. 2. 17 E. 3. n. 3. 18 E. 3. n. 3. 20 E. 3. n. 5. &c.
• [p]

  See 6 E. 3. n. 1. 13 E. 3. Parl. 2. n. 4•• 14 E. 3. n. 4. 17 E. 3. n. 2. and sundry others. See the Ta∣ble.
• [q]

  18 E. 3. n. 1, 2, 7. 5 R. 2. n. 1. 8. Parl. 2. 5 R. 2. n. 2. 6 R. 2. n. 2. 7 R. 2. n. 2. 20 R. 2. n. 8. 2 H. 4. n. 1. 4 H. 4. n. 1. 9 H. 4. n. 1. 13. H. 4. n. 1. 11 H. 6. n. 1.
• [r]

  9 H. 6. n. 57. 23 H. 6. n. 41. 31 H. 6. n. 26, 27, 28. 14 E. 4. n. 55. 17 E. 4. n. 36.
• [s]

  See the Table Title, ••••berties, Privileges, Parlia∣ment, Great Char∣ter, Forest.
• [t]

  See the Table, Tit. Peace, Truce, Warr, Parliament.
• [u]

  See the Titles, Aid, Subsidy, Cu∣stoms, Tonnage & Poundage.
• [x]

  38 E. 3. n. 18. 42 E. 3. n. 8. 20. 1 R. 2. n. 137. 31 H. 6. n. 20. 12 E. 4. n. ••1. See the Ta∣ble.
• [y]

  See the Table Tit. Petitions, Great Charter, Liberties, &c.
• Mat. Paris, p. 306, 308. Speed, p. 597. Daniel, p. 78, 89, 80.123. Grafton, p. 401. 1 H. 5. c. 3. 10 R. 2. c. 1. 31 H. 6. c. 7.
• †

  Bodin de Republ. l. 6. c. 2. p. 651, 652.
• Fox Acts & Mon. Vol. 1. p. 21••. Lam∣bardi Archaion.
• [z]

  See 4 E. 3. n. 1. to 7. 28 E. 3. n. 7. to 16. 50 E. 3. n. 16. to 37. 51 E. 3. n. 89. to the end, 21 R. 2. n. 55, to 67. the Parl. of 11, & 21 R. 2. 1 H. 4.38, & 39 H. 6.1, 3, 4, & 7 E. 4. 1 R. 2. n. 41, 42, 43, 47. 7 R. 2. n. 15. to 26. 10 R. 2.7.21. 28 H. 6. n. 1, &c. 39 H. 6. c. 1.
• See 20 R. 3. n. 13.23. 21 R. 2. n. 37. to 44•• 51, 52, 89, 90.
• See 1 H. 4. n. 79.101, 116, 136. 2 H. 4. n. 23.
• [a]

  Psal. 146.3.
• [b]

  Isay 2.22.
• [c]

  Prov. 11.14. 2, 4, 6.
• [d]

  Job. 12.17.
• [e]

  Isay 8, 9, 10.
• [a]

  Cottoni Posthuma London, 1651. p. 345, 346, &c.

  Ranulphus Glanvil, De Legibus & Con∣suetud, Regni An∣gliae, Prologue, & l. 13, c. 32.
• [b]

  lib. 1. cap. 2.
• [c]

  Fol. 141.
• [d]

  Westm. 2. c. 24. Cooks 2 Instit. p. 408. 14 E. 3. c. 5.
• [e]

  Claus. 48 H. 3. m. 3. Cl. 14 E. 3. dors. 15. 21 E. 3. n. 60. 25 E. 3. n. 31. Here p. 30. 2 R. 2. Parl. 2. n. 63. 2 E. 3. f. 7, 8. 39 E. 3. f. 21. a. 40 E. 3.34. Cook 8. Report. f. 158. 4 Instit. f. 67.
• Anno 49 H. 3.
• Eimerus.
• [f]

  Liber Sancti Albani, f. 207. Anno 44 H. 3.
• (g)

  Charta Orig. sub sigillo, Anno 8 H. 4. apud Rob. Cotton.
• (h)

  Mat. VVestm. Anno 1260. pars 2. p. 303. Hen. de Knyghton, De event. Angl. l. 2. c. 15. Mat. Paris, p. 958.
• Page 959. Edit. Tig:
• See Claus. 45 H. 3. m. 13.19 dorso. Writs to divers Lords, Quod veni∣rent ad instans Par∣liamentum cum equis & armis, &c. Claus. 47 H. 3. m. 7. Sel∣d••ns Titles of Ho∣n••ur, p. 716.
• Page 940.
• (i)

  Londini 1639. p. 215, 216.
• (k)

  Edit. Tigur. 1589. p. 947. Lon∣dini, 1639. p. 978.
• (l)

  Page 945, 948, 940. Edit. Tigur.
• (m)

  Page 9••1.
• (n)

  Chron. Iul: Bromton, col. 999. D••. Usher, De Suc∣cess. & S••at. Eccle∣siae, p. 187. Sir Iohn Davis Reports p. 90. Cooks 2 Instit. p. 97, 98.
• (o)

  Mat. Paris, p. 943, 959.
• (p)

  Mat. Paris, Auctorum Addi••∣tament. p. 222.
• Mat. Paris, p. 962, 963.
• (q)

  See Cambdens B••itanni••, p. 120. ••••ldens ••i••les of H••n••ur, p. 712•• 713, 721.
• See Mr. S••ld••ns Title•• of Ho••••••, part 2. p. 710.
• (r)

  S••e Cl••us. 6 I••h••n. dors 3. Pa••. 6 Jo••. dors. 5. Claus. 24. H. 3. dors. 13. Cl••us. 26 H. ••. dors. 13 Claus. 38 H 3. dors. 13. Claus. 47 H. 3. dors. 7. Pa••. 48 H. 6. pars 1. dors. 6. S••ldens Ti••les of Hon••r. p. 7••7, 7•••• 716, 717, 721.
• (s)

  5 E. 3. n. 5.6. 15 E. 3. n. 17.21 E. 3. n. 5. 47 E. 3. n. ••. 50 E. 3. n. 9. 51 E. 3. ••. 18. 1 R. 2. n. 12. 2 R. 2. ••. 23. 5 R. 2. n. 14.16. 6 R. 2. ••. 15. Parl. ••. 6 R. 2. ••. R. 7 R. 2. Parl. 2. 1.11, 12. 17 R. 2. ••. 17.20 R•• 2. •••• 9.
• See 39 H. 6. c. 1. 17 E. 4. c. 17.
• (t)

  7 E. 4. n. 7, 8.
• (u)

  Grastons Chro∣nicle, p. 757. Hall, f. 4.
• (x)

  4 E. 4. n. 24. 12 E. 4. c. 3.
• (y)

  3 E. 4. n. 3. 11. 12 E. 4. n. 8. 4••. 14 E. 4. n. 7. 48. E. 4. 22 E. 4. n. 8.
• 34 E. 1. c. 1. 14 E. 3. c. 1. 21 E. 3. n. 16.31, 44, 51 E. 3. n. 25.
• See ••••ompton•• Ju∣risdiction of Co••r••s, f. 8, 9, 10, 11. Cooks 4. Inst••t. p. 10•• 11.
• See Cooks 4 Instit. p. 10, 11. 1 H 4. n. 79.
• See my Plea for the Lords.
• Cooks 4 Institut. p. 21, 22, 23.
• (z)

  De Repub••l. 2. c. 1, 2.
• (a)

  His Order and Usage how to keep a Parliament.
• (b)

  Description of England, c. 8. Chro∣nicle of Ireland, p: 101.
• (c)

  In their Abridg∣ments, Title, Par∣liament.
• (d)

  Jurisdiction of Courts, cap. 1.
• (e)

  Britannia, p. 173.
• (f)

  His Interpreter, Tit. Parliament.
• (g)

  Guide unto Tongues. Word, Parliament.
• (h)

  Pref••ce to the 9 Reports. 2 Insti∣tutes, s. 109, 110, 4 Instit. c. 1.
• (i)

  Bo••••••m quo Communius eo melius: Gul. Xylan∣dri Praesat. in Plu∣tarchi Moralia.
• (k)

  Luke 11.52.