Usefull Annotations and Observations upon the precedent Writs to the Prince of Wales, King of Castel and Leon, Dukes, and other Temporal Lords and Barons, and the lists of their names recorded after them.
1. I Observe, and must inform the Readers, that in some few Clause Rolls, there are writs of Summons entred only to Earls, and other secular Lords, without any writs to Archbishops, Bishops, Abbots and Spiritu∣al Lords, who no doubt had like writs then is•ued to them, though not registred in the Rolls, as the Lords writs attest.
2. That in the Rolls where in they both are registred, the writs to the Temporal Lords are now and then en∣tred, before those to the Archbishops, Bishops and Spi∣ritual Lords; but most usually they follow them.
3. That they are commonly entred both together on the self-same dorse▪ or membrana, & their reci•als, cla•∣ses for the most part the same in terminis; except in the Praemun•entes, &c. which is peculiar to the Archbishops and Bishops writs; or in the clauses, or Homagio et li∣geantia quibu, Nobi• tenemini; which is peculiar to the Temporal Lords; and never used in the writs to the Bishops, Abbots, and E•clesiastical Lords; but in fide Page 195 & 〈◊〉 quibus Nobis t•n•mini, only; which is oft times inserted into the writs to the Temporal Lords, and others of the Laity, not peculiar only to the Clergy; as in homagio & lig•antia are to the Tempor•lly. The reason whereof I conceive to be gro•nded on that of Littleton in his Chapter of Homage, Sect. 86. If an Ab∣bot or Prior, or other man of Religion (which extends to all Archbishops, Bishops, De•n, Parsons, Prebends and other Ecclesiastical bodies Politick) shall do homage to his Lord, he shall not say, IEO DEVEIGNE VOSTR & HOME (whence Homage hath its name and derivation, as all Temporal Lords and Laymen ought to doe, when they do their homage to the King or other Lords) be∣cause he hath professed himself, PUR ESTRE TANT SOLEMENT LE HOME DE DE•U; But he shall 〈◊〉 say, I do Homage unto you, and to you I shall be true and faithfull, and faith to you bear for the Tenements which I hold of you; In which respect, Glanvil lib. 9. c. 1, 2. Bracton•. 78. F. Britton cap. 68. & 〈◊〉. 3• cap. 16. resolve. S••endum •st quod 〈◊〉 liber 〈◊〉•as∣culus quam famina, Clericus et Laicus, major & minor, dum tamen electi in Episcopos; POST CONSE•R ATIO∣NEM HOMAGIUM NON FACIUNT, quicquid •ecerunt anie, sed TANTUM FIDELITATEM. Con∣ventus a•t•m HOMAGIUM nec faciet de Iure, sicu• NE• ABBAS, NEC PRIOR, •o quod tenent nomine alieno, scilicet nomine Ecclesiarum: as Sir Ed. Cook like∣wise observes in his 1. Institutes, f. 65. b. So that they doing no homage properly so stiled to the King, after their consecrations, nor using the words (I become your man, if we credit L•ttleton) in making their homage as the Temporal Lords do. Therupon (I conjecture) the writs of Summons command the Temporal Lords and Laity to appear, &c. in fide •t homagio, et in •ide et lige∣antia quibus Nobis tenemini; but the Prelates, Spiritual Lords, and other Clergy, only in fide et dilectione, they being bound to swear fealty and Allegiance to our Kings for the Freehold Lands and Tempora•ties they held of Page 196 him ••xcept only those that hold in Frankalm•igne, as 29 E. 3. f. 38. a. Littleton Sect. 91, 92, 93. Sir Edw. Cook in hi• 1. Insti•utes on these Sections, and other Law-books resolve. For this I shall produce one me∣morable Record; a••uring us, that all the Archbishops, Bishops, Abbo•s, Priors and Clergy both in England and Ireland, did, and of right ought to swear fealty to the King, as well as the Temporal Lords and Commons, and prescribing Commissioners in Ireland to receive it from them;†
Memorand, quod tertio die Iulii Anno regni Regis Ed∣wardi Quarti undecimo apud Westm. in Camera Parlia∣menti, Venerabilis Pater Thomas Cardinalis Archiepisco∣pius Cantuar, ac alii Domini Spirituales et Temporales, ac etiam quidam Milites quorum nomina subscribuntur, fece∣runt Recognitionem, Iuramentumque praestiterunt Edwar∣do primogenito dicti Domini nostri Regis Edwardi Quarti, illustri Principi Walliae, Duci Cornub, & Comiti CestriaePage 199 in forma sequenti, & ad corroborationem praemiss•rum sin∣guli corum manibus propries scripserunt sua Nomina.
I Thomas Cardinal Archbishop of Canterbury know∣ledge, take and repute you Edward Prince of Wallys, Duke of Cornwall, and Earl of Chester, first begotten so• of our Soveraign Lord Edward the fourth, King of Eng∣land, and of France, and Lord of Ireland, to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France; and Lordship of Ir•land; and promi••e and swear, that in case hereafter it hap∣pen you by Gods disposition to overlive our said So∣veraign Lord, I shall then bear, and in all things truly and faithfully behave me towards you and your •heirs, as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wy• King of England, &c. So help me God and holy domes, and the Evange∣lists.
- T. 〈…〉
- G. 〈◊〉
- T. London Episc.
- He•r. Dun•lm.
- W. Episc. Winton.
- G. Cl•rence.
- R. Gloucester. Norff.
- H. Buckyngham.
- I. •uff.
- H. Essex.
- E. Kent.
- I. Wiltshire.
- W. 〈◊〉, Prior Hosp•t. S Iohannis.
- E. Arundall Mautravers.
- A. Gray.
- I. Fenis.
- R. E••sc. Sarum.
- W. 〈…〉
- T. 〈◊〉
- R. Bathonien.
- E. Carliol.
- R. Beauchamp.
- Sir Rob•rt Fenys.
- T. Bourchier.
- W. Par.
- I. Dudley.
- I. Audley. Dac•e.
- Edw••do Bergaveny.
- I. S•trange.
- I. Scrop.
- W. Ferrers.
- Page 200 Mou•tjoy.
- I. Pilk•ngton.
- W. Bea•don.
- W. Courtenay.
- T. Mullineux.
- Raulf Ashto•.
The first who brought Homage into England for ought I can finde, was William the Conqueror, and his Normans•, who equally imposed it, on all Bishops, Abbo•s and Clergymensas well as on the Laity, in the self-same words and form for ought appears. How Bish∣ops & Abbots came to be exempred from doing homage for their Temporalties to our Kings after their conse∣cra••ons I have already touched & shall here further de∣clare for the informa•ion of those of my own profession:
In the Recognition of the antient Customs of thes Realm of England used in the reign of King Henry the 1. and his Ancestors, quae observari debebant in regno & ab omnibus teneri; drawen up and agreed upon Febr. 8. Anno Dom. 1164. in the famous Parliamentary Coun∣cil of Clarindon, in the presence of the King, and of all the Archbishops, Bishops, Abbots, Priors, Earls, Barons and Great men of the Realm; who all juraverunt & fir∣miter in verbo veritatis promiserunt viva voce, tenendas et observandas Domino Regi et HAEREDIBUS SVIS, bona fide et absque malo ingenio in perpetuum; I finde these Articles pertinent to my purpose,
4. That this clause in the writs to the Temporal Lords in fide & homagio, implies they were all (or most) Barons by tenure. And whereasa Sir Ed. Cook, and b Sir Henry Spelman assert, That of antient time, the temporal Lords were commanded by the Kings writ thus to appear, In fide et homagio quibus Nobis tenemini, and in the reign of Edward 3. in fide et ligeantia, and sometimes in fide et homagio, but at this day constantly, in fide et ligeantia; because at this day there are no feu∣dal Baronies, in respect whereof Homage is to be done; which in 21 E. 3. was the true cause of this alteration: If this observation of theirs, That in fide et homagio, feodales propriè respiciat Barones, denoting only such Barons who were Barons by tenure, or Barony, for which they did their Homage and swore Fealty and Allegiance to the King: then this is a most convincing argument, that all the Lords and Barons summoned before 11 E. 3. were Barons only by tenure, not by writ alone, because they were all regularly summoned to appear in fide et homa∣gio, not in fide et ligeantia: 2ly. It is a clear mistake, that this alteration of homagio into ligeantia, was made in 21 E▪ 3. for it was not till 25 E. 3. pars 1. dors. 5. in fide et homagio, being used both in the writs of 21, 22, 23, & 24 E. 3. 3ly. The reason of this alteration could not be this they rend•r, because all or most of the Lords and Barons then summoned, did not hold of the King by Barony; but were Barons only by writ, not tenure; First, because all the writs to the Prince of Wales,•and Earls then summoned (who held of the King by Homage and Barony) issued in this form in fide et ligeantia to them, as well as to the inferiour Lords and Barons. 2ly, Be∣cause the self-same Prince, Earls, Lords summoned in Page 207 this form in 25 E. 3. in the very next years of 26 E. 3. d. 14. and 27 E. 3. d. 12. were twice summoned again, i• fide, homagio et ligeantia quibus Nobis tenemini, and 28 E. 3. d. 26. in fide et homagio; after in 29 E. 3. d. 8. 7. 31 E. 3. d. 21. & 1. they are summoned in fide et ligean∣tia; but yet in 32 E. 3. d. 14. 36 E. 3. d. 16. 37 E. 3. d. 22. 38 E. 3. d. 3. 39 E. 3. d. 2. 42 E. 3. d. 22. 43 E. 3. d. 24. 46 E. 3. d. 9. all the writs to the Prince, Earls, Lords and Barons, run again in fide et homagio only: and some between and after them in fide et ligeantia only, though issued to the self-same persons, or their heirs: There∣fore ligeantia, in these and subsequent writs, is put only as a Synonima, signifying only Homagium; as the cou∣pling them together in two writs, in fide, homagio et ligeantia, and the placing of Homagio thus interchangea∣bly for ligeantia, and ligeancia for homagio, evidence be∣yond contradiction: The rather, because there is the highest promise and bond of Allegiance expressed in the very words, and form of homage done to the King (as the words,*I become your man from this day forwards of life and member, and of earthly worship, and unto you shall be true and faithfull, and bear you faith, and this clause, saving the faith that I owe unto our Soveraign Lord the King, when done to a common person) import: and Glanvil l. 9. c. 1. Bracton l. 2. c. 35. Fleta l. 3. c. 16. Sir Edward Cook in his 1 Institutes on Littletons Chapter of Homage, Sir Hen. Spelman, and Somner in their Glos∣saries Tit. Homagium & Fidelitas, at large demonstrate; Therefore homage may be properly stiled ligeantia, and be put in lien of homagio, as doubtless it is in all those writs that use it. 3ly. I findc sundry Homages for Dutchies, Earldoms and Baronies, done to our Kings by the Duke of Aquitain, the D•ke of Hereford, Henry Percy, the Duke of Norfolk, and other Peers, who were then and afterwards summoned in fide et ligeantia, not homagio; and I doubt Sir Edward Cooke and those of his opinion, can hardly name any Dukes, Earls, Vicounts, Lords or Barons, summoned to Parliament under HenryPage 208 the 3. R. 2. H. 4, 5, 9. or E. 4. who was not a Lord by Tenure or Barony, as well as by Patent, or a special writ of creation, the very names of their Baronies asd Sir Edward Cooke, ande Mr. Selden inform us, be∣ing usually expressed in all later writs of Summon•: Therefore this their conjecture of altering the writs from homagio to ligeantia, because they held not by ho∣mage, must needs be erronious, and groundless in my judgemen•, and the assertions of such who hold, that the Kings bare general writs of summons, issued to those who held not by Barony, did create them and their is∣sues Barons, if they sate in Parliament without any special creation by some Clauses in the writs, or by Pa∣•ent, grounded on this mistake, must vanish into smoke; else that Clause of creation in the writ to Sir Henry Bromfleet, Cl. 27 H. 6. d. 24. would have been both superfluous and ridiculous.
5ly. That this clause, in fide et homagio; or, in fide & ligeantia quibus Nobis tenemini, is sometimes omitted out of the writs of Summons to the Prince of Wales, and other times inserted into them.
6ly. That the Prince of Wales in the writs of Sum∣mons and adjournment, is sometimes stiled Princeps Walliae only; sometimes, Princeps Aquitaniae et Walliae; other times, Princeps Walliae, Dux Cornubiae, et Comes C•striae; when all these titles were conferred on him by the King.
7ly▪ That in the writs issued to Dukes, Earls, and Temporal Lords of the Kings Progeny, royal bloud and alliance, they are usually stiled; Carissimo filio nostro; Fratri Regis; Fratri nostro; Avunculo Regis; Avun∣culo nostro; Nepoti nostro; Consanguineo nostro, &c. and the other Earls and Temporal Lords, Dilecto et fideli nostro, only; and that those of the bloud royal are for the most part, though not alwayes, first entred in the Rolls of summons.
81y. That when a Duke or Earl of England was made a real or titular King of any forein Realm, his Royal ti∣tle Page 209 was alwayes mentioned in the writ: Thus Iohn Duke of Lancaster King of Castell and Leon, in all writs of summons to him after his forein Kingship., was sti∣led, Car•ssimo filio suo Iohanni Regi Castellae et L•gionis Duci Lancastriae, in the summons of 46. 49, 50 •. 〈◊〉 And Carissimo Avunculo suo Iohanni Regi Castell• & Le∣gionis, Duci Lancastriae: in all the writs issued to him under King Rich•rd the 2d. So if any Earl or Baron of England, was created a Duke or Earl in Scotland, France, or Ireland, his forein Titles were inserted in∣to the writs, as the Title of Cardinal, or Patriarch of Ie∣rusalem was inserted into the English Bishops writs created Cardin•ls and Patriarchs beyond the Seas. Thus Gilb•rt de Vinf. an l an English Baron being made Earl of Anegos, and David de Stràbolgi, Earl of A∣thol in Scotland, Leonell the Kings son Earl of Vlster in Ireland; the black Prince made Prince of Aquitain as well as of Wales, and Iohn Duke of Lancaster, Duke of Aquitan, under Richard the 2d. the were thereup∣on stiled*Comiti Anegos, Comiti Athol, Comiti Vlton, Principi Aquitani• & Walliae, Duci Aquitaniae & Lan∣castriae, in the writs directed to them: and if these their forein Titles were omitted in any Writs against them at the Common Law, the writs would abate, be∣cause they were English Peers, and had these Titles in∣serted into their writs of Summons to Parliament, where they sate in their Princes, Dukes and Earls Robes, amongst the rest of the Dukes and Earls. But if any forein Duke, Earl, Lord, or Baron of France, Ireland, Spain or Germany, who was no English Ba∣ron, Lord or Peer of Parliament, was sued in the Kings Court by writ, he might be stiled only a Knight or Es∣quire, and needed not to be sued by the Title of Duke, Earl, Lord or Baron; because he was no Duke, Earl, Lord or*Baron at all in England; but only in his own Country, and should be tried upon an Indictment of Trea∣son, Murder or Felony, only by an ordinary Iury, and not by English Peers. By which differences the Books Page 2010 of 39 E. 3. 3•. Brooks Nosme de dignity, •9. 59. & Parl. 4. 11 E. 3. Fi•zh. Brief. 473. 8 R. 2. Fitzh. Proces. 224. 20 E. 4. 6. Brooks Nosme de Dignity. 49. Dyer,•60. b. Cook 7▪ rep. Calvins case, f. 15, 16. 9. rep. ••nchers case, f. 117. 3. Instit. p. 20. & 4. Instit. p. 47. are fully reconciled.
9. That if any Earl, Baron or Lord was Marshal, Consta∣ble, Steward, Admiral, Chancellor, Treasurer, or other great Officer of England, or Warden of the Cinque ports; his Title of Office was commonly inserted into the writs of Summons. As, Rogero, or Thomae Comiti Naff. & Marescallo Angliae, Avunculo suo carissimo, Thomae de Wodestoke Consta•ulario Augliae, Willo de Cl•nton co∣miti Ha•i•gdon, Constabulario Castri Dover. et Custodi quinque Portuum suorum, &c. What precedency these Officers had of other Earls, Lords and Barons, in Par∣liament, you may read in the Statute of 31 H. 8. c. 10. and Mr. S•ldens Titles of Honor. p. 901, &c.
10. That in the lists of the Dukes, Earls, Lords, and Ba∣rons names there is no certain order observed accor∣ding to their Antiquity or Precedency, but in some Rolls one is first entred, in other Rolls others listed before them, and they again postponed in succeeding lists: Y•t generally for the most part, •hough not always, the Prince of Wales is first entred before the rest; the Dukes before the Earls; the Earls & Vicounts before the Lords and Barons; and they before the Iudges or Kings Counsil; and the Earl who was Marshal of England, before the other Earls; the Clerks entring their names promiscuously for the most part as the Writs came to their hands. Some times the first Writs entred at large issued to one Earl, Lord, Duke, Baron, other times the Writs go to others, without observing the Laws of Heraldry, though in the reing of Edward the 3d. and afterwards, their names are more methodically entred then before that time; oft times in the selfsame order, or with some small variations and transpositions. So as the Precedency of the Earls or Barons, and their pla∣ces Page 2011 of sitting in the Parliament House cannot be cer∣tainly collected from, or defined by the entry of their Writs of Summons or li•ting in the Eodem modo manda∣tum est, or Consimiles lit•rae; but by custom, and the Sta∣tute of 31 H. 8. cap. 10.
11ly. That in some Clause Rolls there is one Writ to the Archbishop, or some other Bishop first entred at large, and another Writ at large, to some one Earl or temporal Lord; with an Eodem modo, or Consimiles li∣terae, only entred to the rest there listed: but most u∣sually, there is only but one Writ entred at large to one of the Archbishops, or some other Bishops; and then a short recital of some part of that Writ to one tempo∣ral Lord, with an &c. Teste ut supra, and the like, for brevity sake: and an Eodem modo, and Consimiles literae; or some short entries of some special clauses of the Writ, to all the other temporal Lords.
12ly. That in the Eodem modo, and Consimiles Lite∣rae; first the Bishops, Abbots, Priors and spiritual Lords, then the Dukes, Earls, Temporal Lords, Barons, Justices, Kings Counsils names, are entred successively one af∣ter another, after the first Writ, which is singly en∣tred in sundry Rolls, without any Writ or part of Writ interposed between their names; as if they had all the selfsame Writs in terminis issued to them. But in most Rolls, there is either a distinct Writ, or part of Writ; or an Eodem modo mandatum est &c. mutatis mutandis; interposed between the names of the Bi∣shops, Abbots, Priors, and Earls and Lay Lords; & like∣wise between the Temporal Lords, and the Kings Counsil and Justices summoned to Parliaments: with the usual clauses wherin the writs differ one frō another inserted into them; which different clauses no doubt were in most of the Writs issued to them in those Rolls where they are all entred promiscuously together in the Eodem modo, and Consimiles Literae; without any Writ or part of a Writ, or m•tatis mutandis interposed be∣tween thē, omitted only for brevity sake by the Clerks; Page 212 who ingrossed the Rolls.
13ly. That the English Barons, who were tit•lary Earls in Scotland under the Kings Jurisdiction and Alle∣gance were alwayes summoned and li••ed among•• the Earls of England in the Rolls of Summons, not amongst the English Lords aud Barons who were no Earls: wit∣nesse Gilbert, and Robert de Vmfranil, Earls of Anegos in Scotland, and David de Stabolgi, Earl of Athol, al∣wayes summoned to the Parliaments by the Titles of these their Scotish Earld•ms, and li•ted amongst the En•¦lish Earls, not Barons, in the Clause Rolls. Gilbert de Vmfranil being summoned by Writ as Earl of An•gos, to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfran•l his Son, to 50. English Parliaments, & David de Sirabolgi to 21. Parliaments and great Councils, as Earl of Athol (as the ensuing Table will inform you) amongst the other Earls of England: but no other Earls of Scotland besides these two. The reason whereof was only this, because they were English Barons, and held lands by Barony in England, though the Titles of their Earldoms were not English• but Scotish, y•t they were under the Kings Subjection Allegiance; and their Re∣sidence when thus summoned, was upon their Ba∣ronies in England. That Gilbert de Vmfranil, was an English Baron and Lord of Parliament, before he be∣came Earl of Anegos, is clear by the Clause Rolls of 23 E. 1. d. 4. 9. & 24 E. 1. d. 7.b wherein he was summo∣ned to 3. Parliaments amongst the English Lords and Barons; but then being Earl of Anegos by discent from his Mother, he, was in Cl. 25 E. 1. d. 25. & sundry Parlia∣ments after, alwayes summoned by the name of Earl of Anegos, and listed amongst the Earls of England, as the ensuing Table demonstrates. So Rob. de Umfranil, summo∣ned to Parliament amongst the English Barons, Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all suc∣ceeding Parliaments under Edward the 2. & 3. summo∣ned to Parliament as Earl of Anegos among the Earls of England, with whom he is still entred in the Rolls. Page 213 The like may be said of David de Stra•olgi, who though originally a Scotish Earl, was yet afterwards made an English Lord by the King, and held L•nds in England by Barony, and upon that account summoned to sun∣dry Parliaments and great Councils by ••e Title of Earl of Athol, and registred amongst the English Earls in the Clause Ro•ls. Which I thought meet to touch, both to rectifie and clear that do•b•e mistake in the Antiquity of the Parliaments of England (newly printed) p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament. And that the Peers of Scot∣land came to the Parliament for Iustice: which the Author indeavours to prove by 39 F. 3. 35. in a writ of R•v•shment de Gard, against Gilbert Vmfravi•; who demanded judg∣m•nt of the writ, because he was Earl of Anguish, and not so named in the writ, &c. When as he was not sum∣moned to our Parliament as a Peer of Sco•land, but on∣ly as an English Baron dignified with the Title of a Sco∣tlsh Earldome; and came not to our English Parliament for Iustice; but was summoned to it by Spe•••l writs, as a Peer and Member thereof; as the Clause Ro•ls resolve, and the very year Book likewise. Of which more here∣after in its proper place.
14ly. That no Forein Prelates, Earls, Nobles, Ba∣rons of Ireland, Scotland or France were formerly sum∣moned to the Parliaments of England, as pro•er Mem∣bers thereof or Lords of Parliament, to make Laws or impose Taxes, or give Iudgment, or Counsel in any matters relating to England, but only our English Pre∣lates, Earls, Lords and Barons; as is most apparent by these special clauses in the writs of Summons.
15ly. That there is a great diversity between writs of Summons to Parliaments, or General Parliamenta∣ry Page 2015 Councils; and to particular Councils upon emergent occasions which are not properly Parliaments; all the Bishops, Abbots, Priors, Earls, Lords, Barons, together with the Judges and Kings Counsil, Citizens, Burges∣ses of Parliament, and Barons of the Ci•que ports, being usually summoned to the one; but some few Spi∣ritual and Temporal Lords only, without any Judges, Assistants, Knights, Citizens Burgesses or Barons of the Cinque-ports, or some few of them only, and divers who were no usual Lords, Barons of Parliament (as in 32 E. 3. d. 14. and other Rolls) summoned to the other, as the Clause Rolls a•test. Which difference some ignorant Antiquaries not observing, have confoun∣ded them both together as one and the same, and mis∣taken some writs of Summons only to a Council, or to a conference with the King & his Privy Counsil upon extra∣ordinary dangers & occasions, for writs of Summons to a Parliament. Such amongst other forecited writs, are these of* 35 E. 3. dors. 36. & 36. E. 3. d. 42. Where all those Earls, Lords, Abbots, Peers, Great men, Gen∣tlemen, Counte••es, Ladies and Dowagers who had Lands in Ireland (and none else but they alone) were summoned, the Temporal Lords and great men, to ap∣pear in proper Person, the Clergymen, Countesses, La∣dies and Dowagers, to send one or more Proxies or De∣puties in whom they specially confided, to the King and his Counsil at Westminster (not to the Parliament) there to confer and treat with them concerning the relief of Ireland, and their passage to, or sending men of Arms speedily into Ireland, to resist, suppress the Irish Rebels, who much infested, wasted, and endangered it; as the whole frame and contents of the writs themselves, and the marginal Notes in the Rolls, De Consillo Sum∣monito: De Veniendo ad Consilium, &c. resolve beyond all contradiction. Which Ioseph Holland and others not considering, in their Antiquity of the Parliaments of England, p. 23. 88. have published these two grosse mistakes together, viz. That in the time of Edward the Page 216 th•••, ther• was a writ then in use; De admittendo •ide dignas ad colloquium, &c. It is recorded amongst the Summons of Parliament, 35 E. 3. that there is a writ, De admittendo fide dignos ad Colloquium. And amongst the Earls and Barons there is retorned. M•ry Countesse de Norff: Alianoxa Countesse de Ormond▪ Philippa Coun∣tesse de March, Agnes Countesse de Pembroke, and Katherine Countesse of Athol. When as these Coun∣tesses were not recorded nor retorned amongst the Earls and Barons in any Summons to Parliament, nor were they required to send or come to any Parliament or Parliamentary Council; nor is th•re any writ, in this or any other Roll; De admittendo fide dignas, or dignos ad Colloquium; as they confidently affirme. But they were only summoned by writ to send men of Arms into Ireland with other Lords, Gentlemen, Clergymen, who had Lands and Possessions there, as these Countesses all had, for to defend and recover the same from the Irish Enemies; and commanded;*Ali∣quos vel aliquem de quibus, vel de quo specialiter confidi∣tis MITTATIS apud Westm. &c. Which MITTA∣TIS these Pseudo-Antiquaries, have metamorphosed into a writ, DE ADMITTENDO fide dignas ad Collo∣quium. By which grosse perversion they have eviden∣ced themselves and their Treatises, not to be fide dig∣ni, in these and other particulars rela•ing to our Par∣liaments, wherewith they have deceived both them∣selves and others, who adore these their Oversights for Oracles.
16ly. That when any of the Earls, Lords or Nobles were imployed in the Wars in France, Scotland, Ire∣land, or any other service for the King in forein parts, they were omitted out of the lists of Summons to Par∣liaments, and Parliamentary Councils; and if any writs in such cases issued to them they were usually re∣voked & cancelled, and entries thereof made upon the Clause Rolls: This is evident by Claus. 11 E. 3. 25. dors. 11. where I find these 2. Presidents in the lists Page 211 of the Lords and Barons names. Thomae Wake de Lydett, VACAT QUIA IN OBSEQUIO REGIS. Henry de Grey, VACAT, QUIA IN OBSEQUIO RE∣GIS. After which, at the end of all the writs of Summons to the Sheriffs, Warden of the Cinque∣ports, and Kings Counsel, follows this entry of writs to some Earls, Lords and Gentlemen, besides those first mentioned after the Spiritual Lords then summo∣ned.
Rex dilecto & fideli suo Willo. de Bohun, Com. Nor∣thamton, salutem; Quia tam super urgentissimis, &c. ut supra in brevi directo Hent. Com. L•ncastr. usque in finem.
Eodem modo mandatum est subscriptis, viz. Thomae Com. Norff•er Mariscallo Angliae, Avunculo Regis, Wil∣lielmo de Monteacuto Comit• Sarum, Rico. Comiti A∣rundell, Hugoni de Aud•le Comiti Gloucestr. Roberto de Ufford Comiti Suff. Gilberto de Umfravill, Comiti de Anegos, Ranulpho de Dacre, Bartho, de Burghersh, Johanni de Segrave, Egidio de Badlesmere, Rado. de Nevill, Johanni de Tybtofte, Rico. Talebot, Henr. de Percey, Rado de Stafford, Thomae de Berkele, Anto∣nio de Lucy.
Et Memorand. quod Brevia istis Magnatibus immediate praescriptis directa, de essendo ad PARLIAMENTUM praedictum, remissa fuerunt Cancellar; ET PRO EO QVOD QVIDAM EX EIS IN PARTIBUS SCOTIAE, QUIDAM EX EIS IN PARTIBUS TRANSMARINIS IN OBSEQUIO REGIS EX∣ISTVNT, ADNU•LAND.
So Claus. An. 12 E. 2. pars. 2. dors. 32. There is this entry made in the lists of Summons. Humfrido de Bohun Comiti Hereford, VACAT QUIA IN OBSE∣QUIO REGIS. And Cl. 2. R. 2. d. 29. Iohi de Nevill de Raby (in partibus Aquitan.)
If any Baron or Lords name were in the list of Sum∣mons, and he not actually summoned; there was then a Vacat entred in the Roll; as in Claus. 11. E. 3. p. 1. dors. 8. Iohi de Sutton de Holdernesse (VACAT Page 218 QUIA NON FUIT SUMMONITUS) And if he died before the Parliament, then his death was entred upon the Roll, as Claus, 9. E. 3. d. 28. Iohi de Clynton, MORTUUS EST.
17ly. That when any Temporal Lords or Prelates had writs of Summons to Parliament issued to them in times of warr and danger, whilst they were imployed in the Warrs against the Scots in the North, or parts of Scotland; if they could not desert the Warrs and at∣tend personally in Parliament without danger and pre∣judice to the Publike, they had then writs of coun∣termand sent them, not to recede from the parts where they were in Service, notwithstanding their Sum∣mons to Parliament. For which I find this memora∣ble president in Claus. 30 E. 1. d. 7. De non recedendo à partibus Scotiae,
Rex dilecto & sideli suo Iohanni Segrave salutem. Li∣cet •uper vobis mandavimus quod omnibus aliis prae∣termissis ad Parliamentum quod apud London in prox. festo Sancti Michaelis duximus Stat•end. PERSONA∣LITER INTERSITIS, NOLUMUS TAMEN quod praetextu mandati praedicti & partibus Scotiae,, seu Marchiae ejus, in quibus estis in obsequio nostro consti∣tuti ALIQUALITER RECEDATIS. T. Rege apud Losele XI die Septembris.
Consimiles literae diriguntur Alexandro Balliolo, Ed∣mundo de Hastinges, Willo de L••u, Seniori, Walte∣ro de Huntercumbe.
Eodem modo mandatum est Roberto de Clifford, quod, a partibus in quibus nunc est NULLATENUS RE∣CEDATIS.
To which I shall subjoyn this later▪ President of Cl. 6. E. 2. d. 12. Rex dilecto & fideli suo Waltero de Fau∣conberg, salutem. Licet nuper vobis mandaverimus, quod omnibus aliis praetermissis essetis ad Nos tertia Dominica Quadragesimae prox. futur. apud Westm. ibi∣dem Nobi•scum & cum Magnatibus & Procerib•s reg∣ni nostri super diversis negotiis, Nos et statum ejus∣dem Page 219 Regni tangen•ib•s tractaturi ve•trumque consili∣um impensuri, pro securiori tamen custodia et majori tuitione partium vestrarum contra Scotos inimicos et Rebelles nostros, vobis mandamus, quod a partibus praedictis sine mandato nostro vos nullatenus transfera∣tis. Teste Rege apud Westm. 20 die Febr.
Eodem modo mandatum est subscriptis, viz. Ranul∣pho de Nevill, Willo de Vavasour, Willo de Ros de Hamlake, Marmiduco de Twenge, Nicho. de Meivill, Ade de Everingham, Thomae de Multon de Egremond, Thomae de Multon de Gillesland, Ingelramo de Gynes.
As for the Bishops in such cases, they were by other special writs authorized to make Proctors to supply their places; though summoned by the original writs to appear personally in Parliament, and not by Proxies; as in Claus. 20 E. 3. pars 2. d. 22. and Claus. 46 E. 6. d. 11. forecited p. 51. 52. 58.
18ly. That if the King either Summoned or proro∣gued a Parliament to a certain day and place by his writs, commanding the Earls, Lords and other great men personally to appear in Parliament at that day and place; and then by reason of other emergent occasions could not meet them, or hold the Parliament at the time and place prefixed, he then usually discharged them all from their attendance by a subsequent wrir; Of which we have this pregnant example, Claus. 5. E. 2. d. 17.
Rex dilecto consanguineo & fideli suo Thomae Comiti Lancast. salutem. Licet nuper Vobiscum volentes ac cum Praelatis caeterisque Magnatibus Regni nostri supra Negotiis Nos & statum, dicti Regni tangentibus habe∣re Colloquium & Tractatum, ordinassemus Parliamen∣tum nostrum tenere apud Westm. prima Dominica Quadragesimae prox, fu•ur, Vobisque mandassemus, quod dictis die & loco PERSONALITER INTER∣ESSETIS, ad tractand. Nobiscum, & cum Praelatis & Magnatibus praedictis super negotiis antedictis, Page 214 Quia tamen PROPTER ALIQUAS CAUSAS ad lo∣cum praedictum dicto die ACCEDERE NON VA∣LEMUS, Vobis significamus, QUOD AD DIC∣TOS DIEM ET LOCUM PRAEMISSA OCCASIO∣NE VOS ACCEDERE NON OPORTET. Teste Rege apud Eborum, 20. die January.
Consimiles Literae dirigunter subscriptis: viz. to 6. Earls more, and the rest of the Lords summoned with them to appear personally at this Parliament.
19ly. That sometimes the Temporal Lords as well as Prelates, were more strictly and peremptorily requi∣red, and adjured with greater earnestnesse to appear Personally in Parliaments and Parliamentary Coun∣cils, then they were at other seasons, without admit∣ting any excuses or making any Proxies; because through their absence and want of their personal pre∣sence when summoned, the Parliaments were oft ad∣journed to some other time, the businesse of the King and Kingdoms retarded, delayed to the publike prae∣judice, and the Parliaments sometimes dissolved without concluding any thing, the Lords and Com∣mons there assembled refusing to do or grant any thing, when any of the chief Lords and Prelates were ab∣sent,
20. That no Spiritual or Temporal Lords could absent themselves from Parliaments when duly sum∣moned thereunto without a reason•ble and just excuse, nor make any Proxies or Proctors to supply their pla∣ces, but when specially authorized and licensed to do it in or by the writs of Summons, or other special writs, much le••e than could they be forcibly secluded the House when summoned by writ; as some of late times have most violently been by those who were rai∣sed to defend both their persons and the privileges of Parliament.
21. That armed Guards, Forces, and Troops of Soldiers in or near the Places where Parliaments are assembled and kept, are altogether inconsistent with Page 215 the Customs, Vsage, Freedom and Privileges of Par∣liament; prejudicial obstructions to their proceed∣ings, and a great oppression to the people; Vpon which account not only the Earls, Lords and Barons, are sometimes in the writs of Summons specially pro∣hibited under grievous forf•itures and penalties to re∣pair to the Parliament,*
22. It is observable and most evident by comparing the births of our Princes of*Wales and Earls of Chester recorded in our Histories, wi•h the dates of their first w•its of Summons to Parliam•nt•; that Ed∣ward of Carnarvan, the first Prince of Wales was first sum¦moned by writ to Parliament when he was but 19. years old; that Edward the eldest Son of King Edward the second, as Earl of Chestēr, was first summoned by writ to Parliament when he was scarce 9. years of age; that Edward the black Prince of Wales, was summoned when he was not 20. and Richard his Son Prince of Wales called by writ to Parliament when he was not full 9. years old: The Kings eldest and youngest •ons being usually summoned to Parliaments during their Minorities, (though others are* seldom summoned till their full age) even as King Henry the 6. rode trium∣phantly to,*and sate in State in Parliament in his Queen-mothers lap, before he was full 12. months old.
23. I observe, that in Claus. 27 E. 1. d. 6. 16. Ado∣marus de Valencia, was summoned and listed among the Earls, without the Title of Earl annexed to his name, being then, as I conceive, Earl of P•mbroc, and so stiled in succeeding Summons: And in Claus. 50 E. 3. pars. 2. d.(*) 6. Thomas de Wodestoke Constabularius Angliae, and Henry de Percy Marescallus Angliae, are listed amongst the Earls without any Title of Earls; yet in the next writ of Summons, Claus. 1. R. 2. d. 31. 37. Thomas de Wodestoke, is stiled Com▪ de Buck: et Constab. Angliae: and Henry de Percy, Com. Northumb. in the list of the Earls; and therefore I apprehend they were Earls in 50 E. 3. (as our Histories & Heraulds report them) though not so stiled •n-the Roll of Summons.
24. That the names of the Kings Counsil, Justices, and other Officers, •ummoned to Parliaments only as Assistants, are sometimes inserted into the Eodem mo∣do Page 218 mandatum est; and Confimiles literae next after the the Lords and Barons name without any space, line or distinction between them, sometimes with a lines di∣stance, or small space only from them; sometimes they are distinguished from the Lords and Barons by the words Milites, or Cl•ricis Consilii, & I•st••iar▪ added in the Margin and a small space between them, as in Claus. 5 E. 2. d. 17. Cl. 2 E. 1. and sometimes they are in•exmixed with the Lords and Barons names, and listed amongst them•, as in Claus. 8 E. 2. d. 35. Roger de Brabazon and 7 others of them are• named amongs••th Lords and Barons, and so in Claus. 3 E. 3. d. 19. Claus. • E. 3. p. 2. d. 7.
In the Clause Roll of 25 E. 1. d. 25. the word Mi∣lites is inserted in the Margin over a•ainst the Names of the Judges and Kings Counsil, in the Eodem modo, and in Claus. 5 E. 2. d. 17. Clericis consilii, & Iusti∣ciar. is written in the Margin, to distinguish them from the Lords, and Barons, (but in no Rolls besides) with∣out the word Barones superadded to the Barons and Greatmen in the catalogue of their names.
24. That although the word BARO and BARO∣NES in the Clause Rolls of King Iohn, Henry the 3d•Edward 1. 2. & Histories,* Great Charters and Statutes in their reigns be frequently used, applied to all the Temporal Lords of Parliament, yet in all the Clause Rolls and Writs of Summons I have seen, no particular persons amongst them are summoned by the Title of Barons, but only the Barons of Greystok, Graystoke, or Craystoke, and the Barons of Stafford: In the Clause Rolls of Ed. 1, & 3, so of Rich. 2. H. 4. 5. and 6. writs are frequently issued Iohanni BARONI de Greystoke, Willo. BARONI de Greystoke, Rado. BARONI de Greystoke, as they are s•iled in the Eodem modo; yet in other writs, lists, rolls in the Eodem modo, the direction to these very Barons, is many times Iohanni de Craystoke, or Greystoke, Willo. & Rado. de Greystoke, without the ad∣dition of BARONI annexed to them; which Title is Page 221 totally omitted in all the Ro••s of Edw. the 4th. as the ensuing Alphabetical and Chronological Table, with my Table to the Exact Abridgement of the Records in the Tow∣er, will more particularly inform you. So in the Rolls of King E. 1. & 3. (mentioned in the following Table) the directions in sundry writs in the •od•m modo are, Edmundo, & Rado. BARONI de Stafford; and in o∣ther writs to the one of them, he is stiled only Rado. de Stafford, BARONI being omitted in his Ti∣tle, BARO, being given •o none (for ought I can find) in any lists of summons, but to these 2. Barons of Greystoke and Stafford alone.
25. That in my best observation • the Title or Ad∣dition of MILES or CHIVALER, was not given to any Temporal Lords or Barons in any writs or lists of Summons to Parliament before Claus. 49 E. 3. dorse 4. 6. & 50 E. 3. pars 2. d. 6. wherein summons issued Willielmo le Morle Chivaler, Willielmo de Aldeburgh Chivaler, Iohanni de Well. Chivaler, Hugoni de Dacre Chivaler; after which it grew more common under King Rich. the 2. Henry 4. and 5. when many of the Temporal Lords and Ba•ons had this addition given them sooner or later; those who wanted it in one, two, three, four or more writs of Summons at first, before they were Knighted, receiving it in subsequent writs after they were Knighted. After the beginning of King Henry the 6. and during the reign of Edw. the 4th. there was scarce any Temporal Lord in the lists of sum∣mons but was stiledaChivaler, or Miles, being all genetally Knighted for their greater honour. Of all the Temporal Lords, I find onely one namely Tho. de la Ware, constantly stiled MAGISTER Tho. de la Ware in all writs of summons to him from 23 R. 2. •05 H. 6. as the en•uing Table will inform you; the true and only rea∣son whereof I apprehend to be this, that before the temporal Dignity of a Lord or Baron descended to him, bhe had been a Clergyman in sacred Orders; this Title Magister being alwayes prefixed before the Names of Page 220 all of the Kings Council who were Clergy-men, in their summons to Parliament as Assista•ts to the Lords House, as the writs and Table in the next Section will inform you• not to distinguish him from the Lords who were Knights, as some mistake, because none of the other Lords who were not Knights, had this Title Magister given to them, but he alone: Now whereas in the summons of 1 E. 4. Iohn de Audley, isc stiled Armiger, I conceive it mistaken by the Clerks for Chlr. he being ever ••iled Chivaler, not Armiger, in the sum∣mons of 49 H. 6. d. 6. 2 E. 4. d. 3. 6 E. 4. d. 1. and all other summons else; and not one Baron or Lord Armiger, but he alone, though unknighted; Armiger being a petty inferior Title, not suitable to his Lord∣ship or P•erage.
26. That the Prince of Wales, Dukes, Earls and Mar∣quesses, are regularly stiled by their Christian names, and Titles or Places of their Dignities, and very rarely (yet now and then) by theird Sirnames; but the •emporal Lords and Barons till the end of King Rich. the 2. his reign, in the writs of summons directed to them, are for the most part stiled by their Christian names and Surnames, or by their Baronies supplying Surnames• and sometimes both by their Surnames and Baronies. That the Ti•le DOMINUS, was not usu∣ally given to any of them, except two, before the reign of King Henry the 6. The first in my observation to whom this •itle was given in any writ of summons, was Iohn de Moubray, who in Claus. 16 E. 3. par. 2. d. 13. and so in other succeeding writs (though not in all) is stiled Iohn de Moubray DOMINUS Insulae de Axholm: none else having this Title till af•er the reign of Rich. the 2. The next so stiled is in Claus. 11 H. 4. d. 32. where a writ issued Iohanni Talbot DOMINO de Fur∣•vall; which though omitted in some summons af∣ter, is again used in the summons to him Cl. 4 H. 5. d. 16. and Cl. 8H. 5. d. 2. Afte• which I finde none so stiled till Cl. 23 H. 6. d. 21. where Robert Hungerford Page 221 Chivaler, is stiled DOMINUS de Mollins; as he is in Cl. 25 H. 6. d. 24. which gives the title of DOMINUS de Poynings to H•nry Peircy. In Cl. 27 H. 6. d. 24. this title DOMINUS is given to Hungerford, Percy, and 4 more; in Cl. 28 H. 6. d. 26. it is added to 8. In Cl. 29 H. 6. d. 41. to 16. after which it grew more common to them and most others who were summoned; as the ensuing Table will more particularly inform you. But though the temporal Lords in the writs of summons issued to them, were seldom stiled Lords or Barons be∣fore 23 H. 6. yet it is observable, that when any of them are particularly mentioned in theeParliament Rolls, Acts of Parliament, Commissions or Patents, they are usually stiled BARONS or LORDS, as in the Pro••gue of Magna Charta 9 H. 3. &c. 2. 14. 37. Charta de Foresta, c. 11. 20 H. 3. c. 9. 51 H. 3. 1. 10. Dictum de Kenelworth 51 H. 3. 3 E. 1. the Prologue, and c. 23. 13 E. 1. c. 42. 18 E. 1. The Statute of Quo Warrauto, 25 E. 1. c. 6. 34 E. 1. c. 5. The Prologues to the S•atutes of E. 3. 14 E. 3. c. 5. and the Commission therupon, Pa•. 18 E. 3. p. 2. m. 39. 36 E. 3. c. 6. 20 R. 2. c. 3. and other Acts. How fearfull Christians were to give this T•tle of DOMINUS to the Greatest Emperors, and how unwilling Augustus, and the greatest Christian Emperors were to receive or make use of i•, unless with the diminution of DOMNUS and DOMPNUS, not Dominus, you may read in Sir Henry Spelmans Glossary, p. 225, 226. it being a Titlefpeculiar to God and Christ: & DEI NO MEN, asgTer•ulli••••liles it; whereas now it is usurped by, and given to every up∣start of the most ignoble extraction, to bring Nobility it self, and the House of Lords into contempt.
27. That it is the inseparable incommunicable Pre∣rogative, and Supream Royal Jurisdiction of the Kings of England (underivable to, and inusurpable by any other person or persons) by their special Patents, Writs of Creation, Charters and Solemn Invchi•ures, to make and create Princes of Wales, Dukes, Earls, Marquesses, Page 224 Vicounts, Lords, Barons and Peeres of the R•alm, and to give them and their posterities a place, seat, voyce in the Par∣liament and Great Councils of England, the Supreamest Judicature and highest Court of all others, wherein they *sit as Iudges, and all others Iudges in the Courts of West∣minster, sit only as their Assistants, not as Associates or their fellow Iudges. This is evident, not only by all writs of summons issued to the Lords, but likewise by the express Resolution of all the Nobles and Parliaments of 50 E. 3. rot. Parl. n. 41. 51 E. 3. rot. Parl. n. 9. 36 E. 3. rot. Parl. n. 94. 40 E. 3. rot. Parl. n. 13. 9 R. 2. rot. Parl. n. 14, 15, 16, 17. 11 R. 2. rot. Parl. n. 44.h 13 R. 2. rot. Parl. n. 21, 22, 23, 20 R. 2. rot. Par. n. 30, 31, 32. 21 R. 2. rot. Parl. n. 33. 1 H. 4. rot. Parl. n. 76, 78, 82. 9 H. 4. rot. Parl. n. 25. 4 H. 5. rot. Parl. n. 13. 3 H. 6. (the case of Iohn Earl Marshal,) rot. Parl. n. 11, 12, 13. 11 H. 6. rot. Parl. n. 31. to 36. 33 H. 6. rot. Parl. n. 42, 43, 50. 1, 2 E. 4. rot. Parl. n. 12, 13, 14. 14 E. 4. rot. Parl. n. 24, 25. 17 E. 4. rot. Parl. n. 16. by all Patents, presidents of creating any Princes, Dukes, Earls, Marquesses, Vicounts, Lords, Peers and Barons of Parliament, collected by Mr. Iohn Selden in his Titles of Honor, Book 2. Chap. 5, 6, 7. Mr. William Martyn, Cam•den, Mills his Catalogue of Honor, B•ook his Catalogue of Nobility; Augustine Vincent his Dis∣covery of Errours therein, Iames York his Union of Ho∣nour, with others who have written of our English Peers, & Nobility, and Sir Henry Sp•lmas his Glossary, Title Baro, p. 81, 82, 83. & Comes, p. 177, 178. Hence is it, that King Henry the 1. King Iohn, Henry the 3. and Edw. 1. in theiriGreat Charters, and other wri•ing▪ usually stile them, •OMITES & BARONES NOS∣TRI, & MEI; Si quis BARONUM MEORUM v•l COMITVM, or DE BARONIBUS MEIS, or NOSTRIS; and Glanvil, l. 8. c. 11. l. 9. c. 1. Huntin∣don Historiarum, l. 5. The Leiger Book of Ramsay, sect. 171. Pope N•cholas in his Epistle to King Ed. the Con∣fessor, with our Lawbooks &k Historians usually stile Page 225them, BARONES REGIS & REGII, & BARONES VESTRI, BARONES SVI, speaking of the King; Rex de IURE BARONIBUS SUIS; And hence we read Ann. 3. H. 3. Fitzh. Prescription 50. this Custem plead∣ed in Barr of a Nuper obiit; Quod si aliquis BARO DO∣MINI REGIS tenens de Rege ob•isset, et non haberet hae∣redem nisi filias, et primogenita filiae maritatae sunt in vita• patris, Dominus Re• daret postnatam filiam quae remaneret in haered•tate Pa•ris alicui Militum suorum, cum tota haere∣ditat• Patris sui de qua obiisset seseitus, i• a quod aliae filiae nihil rec•p•rent versus postnatam filiam in v•ta sua: et om∣nes Reges habuerunt hanc dignitatem à Conquestu. Yea this is such an incommunicable Prerog••ve incident to our Kings alone, that neither the Emperour himself, nor Pope could ever create an English Earl, Baron or Lord of Parliament, nor give him any precedency before o∣ther Lords in England; of which we have a late me∣morable president, in (m) Thomas Arundel of Wardour,lwho being created by the Charter of the Emperour Ro∣dolph the 2. COMES SACRI IMPERII, una cum universa prole atque posteritate legitima mascula et faemi∣nea in infinitum; both for his eminent service in the wars against the Turks and the Nobleness of his. Fami∣ly; yet it was with this special saving in his Paten, Serenissimae tamen Principis et Dominae Elizabethae Reginae Angliae, &c. IURIBUS AC SVPERIORIT ATIBUS SEMPER ILLAESIS ET SALVIS; yet the Queen with the English Barons, would not acknowledg him for an Earl nor Baron in England upon any terms; the Queen resolving; That she would by no means permit any of her sheep, or subjects, to wear the badge, or follow the whistle of any forein Shepherd or Prince, but only her own. In the d•bate of which case, it was alleged by the English Peerso
28. That one of the first B•rons created by Patent, whose Patent is yet ex•ant, wa•I•hn de Beauchamp Stew•rd of the Houshold to King R•chard the 2. whose Patent runs in this form.
Richardus, &c. Sciatis quod pro bonis et gratuitis servitiis quae dilectus et fidelis M•les noster Iohannes de Beauchamp de HOLT,* Senescallus hospitii nostri no∣bis impendit, ac loco per ipsum tempore Coronationis nostrae hucusque impensis, et quem pro Nobis tenere poterit in fururum IN NOSTRIS CONSILIIS & PARLIAMENTIS, necnon pro Nobili et fideli ge∣nere unde d•scendi•, et pro suis magnisicis sensu et cir∣cumspectione, ipsum Iohannem INUNUM PARIUM A• BARONVM REGNI NOSTRI ANGLIAE PRAEFECIMUS. Volentes quod IDEM IOHAN∣NES & HAEREDES MASCULI DE CORPORE SUO EXEUNTES, STATVM BARONIS SVSTI∣NEANT & DOMINI DE BEAUCHAMP, & BARONES DE KIDERMINSTER NUNCUPEN∣TUR. In cujus &c. datum 10 Octobris.
I finde this Iohn Beauchamp only once mentioned in the List of Summons in Claus. 11 R. 2. dors 24. dated 27 die Decembris, within 3. moneths of his creation; where he is stiled only Iohanni Beauchamp de Kider∣minster,Page 229 but neither Dominus de Beauchamp, nor BA∣RO de Kiderminster: After which in the summons of 27 H. 6. till 12 E. 4. one of his posterity was summo∣ned by the stile of Iohn Beauchamp Miles, DOMINUS DE BEAUCHAMP, without the Title of BARO de Kiderminster, expressed in any of the Rolls. For the various significations of the word Baro, and the several kinds or degrees of Barons, you may at leisure consult Bartholomeus Cassanaeus, his Catalogus Gloriae mundi, pars 8. Consid. 15. Calvini Lexicon Juridicum, tit. Ba∣ro; Sir Henry Spelmans Glossarium, De Baronibus Dia∣tribe; William Somners Glossarium, tit. Baro & Baronia, and Mr. Seldens Titles of Honour, part. 2. ch. 5. sect. 51, 52, ch. 2. sect. 4, 5, 6, 7, 8. ch. 1. sect. 21, 22. ch. 4. sect. 6, 7. ch. 5. sect. 5. ch. 6. sect. 2. ch. 7. sect. 2. and the several Authors there quoted.
29. That I finde no president of any person created a Baron by special writ, but only one; whereby Henry Bromfleet Knight and the heir males of his body were created Barons of Vescy, by this writ entred after the Names of the Temporal Lords in the summons of Claus. 27 H. 6. m. 26. dorso.
iRex dilecto et fidelissimo Henrico Broms•eet Mili∣•i, salutem. Cum, &c. (ut supra, usque ibi) Tractatum: (et tum sic) Vobis in fide et ligeantia quibus Nobis tene∣mini, &c. ut supra.) nullatenus omittatis. Volumus enim VOS & HAEREDES VESTROS MASCULOS de corpore vestro legitimè exeuntes BARONES DE VES∣CEY EXISTERE. T. •ege apud Westm. vicesimo quarto die Januarii; of a different date from that in the other summons, This special writ and clause of crea∣tion had been meerly void and nugatory, had the gene∣ral writ alone ennobled him and his Posteritie, and them Lords and Barons of Parliament.
Yet notwi•hstanding this special writ creating him BARON of Vescy; it is observable, that in all the sub∣sequent writs of summons of 28, 29, 31, 33, 38 H. 6. nd 1, 3, 7 E 4. he is alwaies stiled DOMINUS, but ne∣ver Page 230 BARO de VESCY; in any one List or Roll. I find in the Cl. Rolls of 49 H. 3. 23 E. 1. & 6. 7. 8 E. 2. Iohn de Vescy first, and after him William de Vescy sum∣moned amongst other temporal Lords. By which it is evident, that there were Lords and Barons of Vescy (though not so stiled in the Rolls) under these 3. Kings who were summoned to Parliaments; But after the summons of 8 E. 2. there is no mention of them in any Rolls (the Barony escheating for want of issue male, or by attainder, as is probable) till Sir Henry Bromfleet and his issu• males were created Barons thereof, by the pre∣mised writ. A sufficient evidence, th•t no general writ of summons created any Gentlemen who were summo∣ned to Parliaments, Barons, unless they held Lands by Barony and were Barons by Tenure; there being no Clause or words in the general ordinary writs of Sum∣mons, creating any persons summoned, Earls, Lords or Barons, or giving them these Titles, unless they were Earls, Lords and Barons by Patent or Tenure before their Summons; the writs fli•ing them onely such as they were when issued to them, and conferring no new Dig∣nity or Title on them; as I have (1) elswhere proved at large.
30. That the most ordinary writs of Summons bo•h to the Spiritual and Temporal Lords,* Sherifs, and others use only the words Magnates, or Proceres, Magna ibus & Proceribus jointly, or one of them alone without the other, to expresse the Temporal Lords and Nobles, without the word Barones, or Baronibus, which very rarely occur• in any writs, except only in the w•its to the Sherifs, C•aus. 24 E. 3. d. 7. and the writs of Cl. 28 E. 1. d. 3. Claus. 5 E. 3. d. 25. & 12 E. 3. pars 2. d. 32. wherein the word BARONES is mentioned in some of them, and this Clause Cum Comitibus, BARO∣NIBUS, & caeteris Proceribus, or Magnatibus Regni nostri, used in others of them, upon extraordinary occasions; bu• in no writs besides to my best remem∣brance; which run usually; Cum Praelatis et caeteris Pro∣ceribus,Page 231 or Magnatibus, or Proceribus et Magnatibus di∣cti regni tractaturi, vestrumque Consilium impensuri; without the word BARONIBUS. Which being not so much as once mentioned in these ordinary (but only in 2. or 3. extraordinary) writs, it is most evident to all, that the issuing of such writs to any Knights, Esquires, or Gentlemen, to summon them to Parliaments, can neither create nor constitute them Barons by writ; be∣cause they neither stile them (nor any of the Lords and Nobles, (but those two forementioned) •arons, nor use the word BARO at all; but only Proceres, or Mag∣nates.
31. It is evident by all these writs, That the antient temporal Earls, Lords, Barons, are most essential necessa∣ry constitutive Members of our English Parliaments and Great Councils, to which they alwaies were, and ought of right to be summoned; and that no Parlia∣ment may or ought to be summoned or held without them, since both the writs to themselves, as likewise to the Archbishops, Bishops, Abbots, Priors, Sherifs of Counties, and Particular Cities and Corporations which are Counties within themselves, the Wardens of the Cinque Ports, Justices and other Assistants, in the bodies and essential parts of them, at least once, twice, or more frequently thus recite;
32. That sometimes the King summoned some par∣ticular Bishops and Lords to treat with him about pub∣like businesses by writ, much like to a summons to Page 232 Parliament, without summoning other Lords, for which take this president in lieu of more.
33 It is most apparent by these respective Clauses twice recited in all antient and modern writs of sum∣mons to the Spiritual & Temporal Lords, & 4 or 5 times in the writs of Prorogation & Resummons to them (here∣after cited Section 7.) Vobiscum & cum caeteris Praelatis (or) cum Praelatis et caeteris Magnatibus et Proceribus dicti regni habere volumus (or proponimus) Colloquium & Tractatum. Vobis mandamus, &c. quod personaliter ad dictos diem & locum intersitis, Nobiscum et cum caeteris Praelatis, Magnatibus et Proceribus dicti regni super dictis negotiis tractaturi, vestrumque Consilium impensuri: which make not the least mention of their sitting, treating, or consulting with the Knights, Citizens, Burgesses or Commons of the Realm, or of theirs with the Lords. And by the like Clauses in the writs of Summons to the Kings Counsil, and in the writs issued to Sheriffs for electing Knights, Citizens and Burgesses: The first part whereof recites, Quia nos de avisamento et assensu Con∣silii Page 233 nostr•, &c. quoddam Parliamentum nostrum apud W. &c. t•neri ordinavimus, et ibidem cum Praelatis, Magnati∣bus & Proceribus dicti regni nostri Colloquiū •abere et Tra∣ctatu• (without mentioning any Conference or Treaty at all of the Commons jointly with the Prelats, Lords & Great men in the Parliament) who by the writ are to be elected, re•urned, summoned, impowred only; Ad faciendum et consentiendum hiis, quae tunc ibidem de Com∣muni Consilio regni nostri, or Praelatorum, Magnatum & Procerum dicti regni nostri (divina favente Clementia, con∣tigerit ordinari. That the Lords and Commons nev•r sate and consulted together as one intire House in the Parliaments of England, since their first Summons to our Parliaments, but that the• alwaies sate and consul∣ted asunder one from the other: Therfore Sir Edw. Cook his over-confident Assertion (without any real ground of Authority or reason) in his 4. Institutes, p. 4. Certain it is, that at the first both Houses •ate together; as it appea∣reth by Modus tenendi Parliamentum (which directly avers the contrary, Sect. 15, 16▪ 17, 27.) and by 5 E. 3. n. 3. other places of the same Roll, and in 6 E. 3. in divers places it appeareth, that the Lords and Commons sate together; (when as both those Parliament Rolls and o∣thers un•er Ed. 3. expresly evidence the contrary, as I have* elsewhere fully evidenced) must be exploded as Apochryphal, and enumerated amongst his other mi∣stakes.
34 That the Temporal Lords could not impose any Tax, Aid or Subsidy upon the Archbishops, Bishops, Abbots, Priors and Spiritual Lords or Clergy without or against their particular grants or assents in Convocation, no more than the Spiritual Lords and Clergy could impose any Aids or Taxes upon the Temporal Lords and Com∣mons; as I have formerly evidenced (p. 113. to 120. 148, 149, 153, 154, 155.) For further evidence where∣of I shall hereunto subjoyn this ensuing memorable writ, casuall• omitted out of the first Section, pag. 31. where it should have been placed.
35. That the Lords in P•rliament were the usual *Iudges not only in all Cr•minal, and Civil Causes and writs of Error, but likewise in all cases of Precedency, and Controversies conc•rning Peers and Peerage, as is e∣vident not only by the memor•ble pr•sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot. Parl. n. 19. 14 E. 4. rot. Par•. n. 25. in Controversies of this Nature there recorded; but by these two presidents of la•er times re∣membred by Mr. Cambde•.
In the* Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware pe•i•ioned the Queen to be restored to his anci•nt place and •eat in Parliamen•, whose case was this. His father, William, by judgement of Parli•∣ment in the reign of Edward the 6. for endeavouring to Page 236 poyson his Unkle the Lord de la Ware, to gain his inhe∣ritance and honour; was disabled to enjoy any inheri∣tance or honour that might descend to him by his Un∣kles death: Afterwards in Queen Maries reign he was condemned of High Treason; and not long after intirely restored, as if he had not been condemned. Being disabled by his first Sentence to inherit his Unkles ho∣nor, upon his death, he was by Queen Elizab•ths special Favour and Letters Patents, created Baron de la Ware de novo, and sat only as a younger Baron then newly crea∣ted, during his life; After his death, his son petitioning, to enjoy the place of his Ancestors in Parliament, the Queen referred the business to the Lords in Parliament; who fin∣ding the judgement against William his Father, to be only personal, and not to bind his children, and that the judgement given against him under Queen Mary, was no obstacle, both because he could not lose that Digni∣ty and Honor by it, which then he had not (his Unkle being then alive) and because he was soon after intirely restored; and for that the an•ient Dignity and Barony was not extinct by his new Creation, but only suspended during his life, being not vested in him at the time of his late Creation; the Lords thereupon, locum •i avi∣tum ADJUDICAVERUNT inter Barones Willough∣beium de Eresby, & Berkleium, in quo ritè locatur. In the same Parliament, it was resolved by the Lords in the case of Thomas Howard Baron of Walden, Knight of the G•rter; who being sick and unable to come to the House himself, Baron Scroop, as his Proxy, was brought into the Lords House in his Parliamentary Robes be∣tween two Barons, the chief King of Arms going before him; where presenting his Patent and Creation, when the Lord Keeper of the Great Seal had read it, he was placed below all the rest of the Barons, though he were the younger son of a Duke, whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts, and other Barons, which the Lords then resolved, to be intended out of Page 237 P•rliament, but they ought to sit in the Parliament house only according to the time of their being created Barons; as Mr. Cambden relates out of the Lords I•urnal.
36. That the Prelates, Earls, Barons and Great men of the Realm,* are the Proper Iudges of all Causes and Controversies there deba•ed between the King and his peo∣ple, and are all bound by Oath, as well as the King, to ob∣serve, defend and maintain the rights of the Realm and Crown of England; and that more especially by their Oath of Fealty and Homage, whereby they were tied to the King, and charged to appear when summoned in the writs of summons, as you may read more at large * before, in Spelmans Glossarium, Tit. Fidelitas, Homagi∣um, & ligeantia, and in* Mat. Paris, who records, A•. 1209. that K. Iohn caepit HOMAGIA de omnibus homi∣nibus liberè tenentibus et etiam duodecim annorum pueris, quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac dem•sit. Et Wallenses (quod anteactis tem∣poribus fu•ra• inauditum) venientes ad Regem HOMAGIA fecerunt ibidem, licet tam divitibus, quam pauperibus es∣set o•erosum. Then passing into Ireland with a great Army, there came to Dublin to meet him, plus quàm viginti Reguli illius regionis, qui omnes timore maximo perter• iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT, as the* highest Obligation of their future Loyalty, fidelity and subjection to him. Upon which Account, Homage is frequently stiled HOMAGIUM LIGEUM, LIGEANTIA & LIGAN•IA, by Bracton, l. 2. c. 35. f. 79. Glanvil, l. 7. c. 10. Guliclmus Neubrigensis, Hist. l. 2. c. 37. Chron.* Iohannis Brom∣ton, col. 1005. Fleta, l. 3. c. 16. Britton, ch, 68. De Ho∣mages, Custumar. Vetus Normanniae, c. 43. Cooks 7 Rep. Calvins case, f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices, ch. 35, 36, 37, 38. Spelmans Glossarium, Homagium & Ligeantia; because i• most strictly unites and binds the King and his Subjects together, hunc, ad protection•m & justum Regimen; illos, ad reverentiam, tributa et d•bitam Subjectionem, •t obed••ntiam, as they Page 238 resolve; whereupon the Lords are enjoyned in their writs of summons person•lly to appear in Parliaments and Great Councils, in fide & homagio QUIBUS NOBIS TENEMINI, as I formerly observed.
37. That the n•mbers of Earls, Barons, Temporal Lords and Great men summo•ed to our Parliaments and Great Councils, andentred after the Eodem modo, and Consimiles literae in the Rolls and Li•ts of Summons are oft times very various and different; there be∣ing many more of them summoned to some Parlia∣ments and Great Council• than to others, as you may easily discern by comparing their Numbers, which I have here presented you with in the grosse after eve∣ry writ; the Prince of Wales himself, the Duke of Lan∣caster, and other Dukes, and Earls, as well as inferior Lords, Barons and Great men, being left out of some Lists of Summons, one, two, or three Parliaments and Great Councils together, or more; and then inserted again into others; the true reasons whereof I appre∣hend to be these ensuing.
1. Their absence in forein parts or els•where in the warrs, or •pon other special services of the King; in which cases no wr•ts of Summons issued to them; and if their names were entred in the Lists of the summons, they were usually cancelled or rased out of them; wit∣ness the* forecited entrys, in the Lists o• Claus. 11 E. 3. pars 2. dors. 11. And Claus. 12 E. 3. pars 3. dors. 32.
2ly. Their abode* beyond the Seas upon their own particular occasions, Both which causes frequently happened during the wars with France, Scotland, and Ireland; and whiles our Kings and Nobles had any Lands and Possessions in France, Aquitain, Normandy, Anjow, Picardy, and other parts beyond the Seas. Ma∣ny of the Earls, Lords, Barons, Great men, and our Kings themselves being oft times by reason of Warrs, Treaties, Embassies, and defence of their Inheritances, absent in forein parts, when Parliaments were summo∣ned and held in England by the Custos Regni, or Com∣missioners;Page 239 at which times I generally finde there were fewer Earls, Barons and Noblemen summoned to our Parliaments and Great Councils, than in times of Peace, or when our Kings were personally present in England, most of the Earls and Temporal Lords attending on them in person in their w•rrs and voyages into forein parts, as on Ed. 3 H. 4 5, & 6.
3ly. The Civil wars hapning now and then between the King, Lords and Barons: upon which occasion some of the Temporal Lords whiles in open hostility and re∣bellion against the King, were now and then (as I con∣jecture) left out of the Lists of Summons, because they could not be conveniently summoned, or would not ap∣pear upon any summons if sent them.
4ly. The attainders, or Outlawries of some Earls, Lords and Barons of High Treason for their wars, In∣surrections, Rebellions, or other Treasons against the King; which disabled themselves and their Posterities to be summoned to Parliaments, till pardoned▪ or re∣stored by the King to thei• honours, bloud, Lordships, Baronies and L•nds.
5ly. The Alie•ation of some Baronies by te•ure, by sales, gifts, marriages, escheats, or otherwise from one person, name, family to another, whereby the former Barons only by Tenure, were no more summoned after such Alienations, but the new Tenants who purchased or possessed them.
6ly. The deceases of some Earls, Lords and Barons without heirs males of their Bodies, or the Infancy or nonage of their heirs males at the time of their death•, who usually had no writs of summons till their* full age; though the Prince of Wales, and Kings own sons were sometimes summoned to Parliaments during their Mi∣nority, as will appear by comparing the dates of their wri•s with the time of their births mentioned in our Historians, but few Nobles else were summoned during their Minority, for ought appears,* Minors being unfi• to be Senators, Counse•lors, Judges in the Supremest Page 240 Council▪ Judica•ure of the Realm, as I have* elsewhere proved.
7ly. Our Kings Liberty and Prerogative; who though obliged by the an•ient Laws and customs of the Realm, the Con••i•utions of Clarindon, the Great Charter of King Iohn, (* Ad habendum COMMUNE CONSILIUM REGNI a• Auxiliis assidendis et de Scutagiis assidendis, 〈◊〉 faciemus Archiepiscopos, Episcopos, Abbates, COMITES & MAIORES BARONES REGNI SINGILLATIM PER LITER AS NOSTRAS, &c.) & ex debito Iustitiae (as* Sir Edward Cook informs us,) to summon EVERY ONE OF THE TEMPORAL LORDS BY DESCENT OR CREATION being of full age, by writs to our Parliaments when held; yet they have likewise a Freedom and Prerogative to create New Earls, Lords, Barons by special Writs or Patents, or to Summon what particular Gentlemen and others of Parts and Abilities they please to their Parliaments and Great Councils, to counsel and advise them, as the exi∣gency of their affairs shall require, and they and their Counsel shall think necessary, pro hac vice tantum, or so oft as they deem necessary, without creating them Earls, Lords, or Barons for life or inheritance, by their general writs of Summons, as I have* elswhere eviden∣ced.
38. That the Eodem mod• mandatum est, &c. And Con∣similes literae diriguntur subscriptis, in the Clause Rolls, are for the most part general, without defining the De∣grees and Qualities of the persons underwritten, except Dukes and Earls (specified by their Titles) but few else besides them. And sometimes special: As Eodem modo mandatum est Comitibus et Baronibus subscriptis,* Consi∣mile mandatum habent singuli Comites, BARONES, & MILITES subscripti. Consimiles Literae diriguntur Co∣mi••bus, BARONIBUS & MILITIBUS SUBSRIP∣TIS. So as it is a difficult matter certainly to define by the large list of names, which of them were real Lords and Barons of Parliament, and which not, except Page 241 those only who were usually summoned and listed in the Rolls amongst the Lords and Barons, and their po∣sterity after them; or such who are expresly stiled ei∣ther Barons or Lords in the writs or lists of names, of which I shall give you one instance. In the summons of Claus. 5 E. 2. m. 25. dorso. in the Eod•• modo man∣datum est Comitibus et Baronibus subscriptis, there is this List of names, with a particular distinction made of their Degrees in the Margin; declaring all in that Catalogue, to be Earls and Barons; and in no Roll else upon my best observation.
- Guidoni de Bello Campo Comiti Warr.
- Adamaro de Valen•. Comiti Pembr.
- H•mfrido de Bohun. Comiti Heref. & Essex.*
- Iohanni de Warenna Comiti surr.
- Edmundo Comiti Arundel.
- Roberto de Veer Comiti Oxon.
- Hugoni de Veer
- Hugoni le Dispenser
- Iohanni de Hastings.
- Ioh. de Gifford de Brimes∣feld
- Willo Martyn
- Iohanni de Ferrar.
- Willo. de Mareschall.
- Roberto de Clifford.
- Iohanni de Somery.
- Roberto Fil. Pagan•.
- Iohanni Botetourte.
- Roberto fil. Walteri.
- Pagano Tybetot.
- Bartho. de Badles•ere.
- Iohanni de Segrave:
- Pho. de Ky•e.
- Edmundo Deincourt.
- Iohanni de Grey.
- Rico. de Grey.
- Iohanni la Ware.
- Willo. de Echingham.
- Thomae de Furnivall.*
- Iohanni de Clavering.
- Peero Corbet.
- Rado. Basset de Draiton.
- Iohanni Dengaine (Engayne)
- Fulconi Lestrange.
- Willo. le Latymer.
- Fulconi fil. Warrini.
- Roberto de Ufford.*
- Iohanni de Bello Campo de
- Hugoni de Courtenay.
- Rado. de Gorges.
- Henr. de Lancastr.
- Mauricio de Berkele.
- Thomae Bardolfe
- Roberto de Monte alt•.
- Iohanni de Moh••.