The second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for Parliaments and Great Council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in Parliament, is infallibly evidenced to be no entienter than 40 H. 3. the presidents and objections to the contrarie answered ... / by William Prynne ...

Eodem modo mandatum est singulis Vicecom.

Angliae, mutatis mutandis. T. ut supra.

In these two Writs there are many things worthy our special observation.

1. That the word Parliamentum is not used in them, but only Colloquium et Tractatum. 2ly. That there is no mention in these Writs of any Colloquium or Tractatum, cum Praelatis; but only cum Comitibus, & caeteris Magna∣tibus de regno nostro. 3ly. That the Sheriffs are required only Duos Milites de Com. praedicto eligi fac. &c. with∣out any Citizens or Burgesses of the Cities or Bo∣roughs within their respective Counties. 4ly. That these two Knights were to be thus qualified; De dis∣cretioribus, et ad laborandum potentioribus, & magis lega∣les; and to be de Com. praedicto; not of any other County. 5ly. That they were to be elected, De consensu ejusdem Comitatus, not without or against their con∣sents. 6ly. That they were to appear at the day and place prescribed in the Writs; Cum plena potestate pro se et tota Communitate Com. praedict. ad consulend. et consenti∣end. and that only, hiis quae Comites, Barones & Pr•…•…e∣res praedicti concorditer ordinaverint in praemissis; not what the Knights themselves should ordain or prescribe: who could then vote, order, determin nothing, but what the Earls, Barons, Nobles, and the King did first or∣dain and advise: much less ordain or order any thing without and against their wills, order and assents, as some of late most insolently and unparliamentarily have presumed to doe without the least ground, war∣rant, reason, president: As is further evident by this in the later Writ; ad audiendum et faciendum quod et tunc ibi∣dem plenius injungemus. 7ly. That there is but one days difference between the dates of both these Writs, and that they issued in the self-same form (mutatis mutan∣dis)

to all the Sheriffs of England. 8ly. (which is most observable). That the King by these Writs en∣joyns every Sheriff in each County of England, quod praeter duos illos Milites, which they were to elect by vir∣tue of the first Writs, eligi facias Duos alios Milites legales, &c. et eos una cum dictis duobus Militibus usque Westm. venire facias, &c. So that they were to elect no less than 4. Knights by these two Writs for every County, with equal power and authority; who were all to appear and serve in this Parliament: A clear e∣vidence, that the King in this age was not confined to any certain Number of Knights (nor yet of Citi∣zens or Burgesses) in any County, but might then sum∣m•…•…n so many Knights, as he thought most expedi∣ent and necessary, since reduced to a certainty by the subsequent Statutes of 5 R. 2. c. 4. 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 23 H. 6. c. 11. 15. 27 H. 8. c. 26. 34 H. 8. c. 13. 35 H. 8. c. 11. 9ly. That the King by his Tibi praecipimus firmiter injungentes, & hoc nullo modo omittatis; manifests, that the Sheriffs were bound at their peril to obey, execute both these Writs, without disputing or diso∣beying them. 10ly. That though the Writs enjoin the Sheriff only, & habeas ihi hoc breve; yet the Sheriff was to return the names of the Knights elected toge∣ther with the Writ, as the practise and returns in those times resolve.

The next Writs I have met with for electing Knights Citizens and Burgesses, are those in Claus. 23 E. 1. m' 4. dorso.

Rex Vic. Northt. salutem. Quia cum Comitibus, Ba∣ronibus, & caeteris Proceribus regni nostri super remediis [ 4] contra pericula quae eidem regno hiis diebus imminent provi∣dend. Colloquium habere volumus et Tractatum, per quod eis mandavimus, quod sint ad Nos die Dominica prox. post se∣stum Sancti Martini in yeme prox. futur. apud Westm. ad tractand. ordinand. & faciend. qualiter sit hujusmodi peri∣culis obviand, Tibi praecipimus firmiter injungentes, quod

de Com. praevicto Duos Milites, & de quolibet Civi∣tate ejusdem Com. Duos Cives, & de quolibet Burgo Du∣os Burgenses, de discretioribus, et ad laborand. potentio∣ribus sine dilatione eligi, et eos ad Nos ad praedictos diem & locum venire fac. Ita quod dicti Milites plenam & sufficien∣tem potestatem pro se & Communitate Com. praedicti, & dicti Cives et Burgenses pro se et Communitate Civitatum et Bur∣go•…•…um praedictorum divisim ab ipsis tunc ibidem habeant ad faciend. tunc quod de Communi Consilio ordinabi∣tur in praemissis. Ita quod pro defectu hujusmodi pote∣statis negotium praedictum infectum non remaneat quoquo modo. Et babeas ibi nomina Militum, Civium & Burgen∣fium, & hoc breve. Teste Rege apud Cantuar. tertio die Octobr.