The excellency of monarchical government, especially of the English monarchy wherein is largely treated of the several benefits of kingly government, and the inconvenience of commonwealths : also of the several badges of sovereignty in general, and particularly according to the constitutions of our laws : likewise of the duty of subjects, and mischiefs of faction, sedition and rebellion : in all which the principles and practices of our late commonwealths-men are considered / by Nathaniel Johnston ...

CHAP. XXVIII. Of the modern rightly constituted Parliaments.

SECT. 1. Of the General Ʋse of Parliaments.

I Have before given an account how the Persian Laws, were made by the(a) 1.1 King, his Princes, Governours, Nobles, and Captains, as in a great Council of several Orders with the Sovereign; but we have an older example in Scripture,* 1.2 that seems to be the Pattern of all great Councils, such as we call Parliaments, under a Monarchy. For it is said,(b) 1.3 Moses commanded us a Law, even the Inheritance of the Congrega∣tion of Jacob, and he was King in Jesurun; when the Heads of the People, and Tribes of Israel were gathered together. Here is the King, Moses, commanding a Law, and the Heads of the People, the Princes, or House of Lords, and the Tribes; that is, some to represent the chief of the Tribes, like our House of Commons.

The Roman Senate, under the Emperors, resembled our an∣cient Great Councils that consisted of such as the King conve∣ned, and of the Patrician and Equestrian Order. The Comitia bore no resemblance with our Commons, and the Amphicty∣onican(c) 1.4 Assemblies, the Achaian, Boo••••an, and Pan Aetolian, were Assemblies of Deputies, as the States General of Hol∣land.

Such Assemblies, in all sorts of Governments are necessary;* 1.5 for be the Empire never so vast, and the Sovereigns Power ne∣ver so great and uncontroulable; yet without Consultation had with the Princes and wise Men, for the constituting Laws, and modelling the frame and methods of his Government, it would soon without such(d) 1.6 Buttresses and Undersetters, sinking in its Foundation by its own weight, with an hideous rush be crushed into an heap of Rubbish.

In Democracy Great Councils are needful, that thereby the(e) 1.7 Precipitancy and fury of the Common-People, by their gravity may be attempered, the common sort being apt to do every thing with a willful Violence, which never succeeds well, when not directed to a right end. If their publick af∣fairs were not committed to a select number of Trustees, no∣thing would be brought to any Issue, since none can be heard, where all speak, nor any good Product be from a jumble of those Atoms.

Aristocracy it self consists in a select number of the wisest and ablest to govern;* 1.8 who in publick Consultations have no pri∣vate ends: Yet in the great Councils, of neither of these forms

of Government, is there to be found that stayedness, order∣liness, or resolution for the public good, as in Monarchy.

Why such Assemblies are not only convenient,* 1.9 but necessary under Monarchy, there are many weighty Reasons.(f) 1.10 Xeno∣phon observes that a single Person sees or hears but little, and Princes must have many Eyes and Ears, which in a special man∣ner these Great Councils are; from all parts of the Dominions bringing notice of what is amiss, and wants redress, as well as what is orderly, and wants encouragement.

Besides, Princes thereby have the opportunity to give their Subjects satisfaction in their Administration, preventing the surmises and jealousies of the Nobility, Gentry, and common People, that he sleights them in not calling them sometimes to consult about affairs of Moment.

Furthermore the Prince by such congress,* 1.11 consults his own Interest, in coming to the Knowledg of the most able, active, and popular Subjects, whereby he may single out such as are most fitted for public Imployments, to serve him in the several offi∣ces of Government, and all (who thus have a share in the de∣bating, and consulting about Laws) will not only be witnes∣ses of the Prince's Grace and Favour, in granting such as they have desired, and assented to; but will be so many Heralds of his Wisdom, and care of his Peoples good Government, and so many vigorous enforcers of the Execution of those Laws they have so lately assisted to prepare.

Likewise,* 1.12 as Privy-Counsellors, and other Officers, are sometime as Skreens to Princes, to ward off the Obloquy of the Mobile, when something is imposed that may be wholesome, though something bitter to their Palates: So especially are these great Conventions necessary, where useful Laws, though severe, are to be enacted, Money to be raised, or other Im∣positions laid upon the People, who do much more chearfully, and less repiningly obey, when they know(g) 1.13 the Nobility, and their own Representatives, have judged them convenient. All Men naturally loving that such Impositions may immediately result from themselves, rather than they should be enjoyned by the Princes Arbitrary power, according to that of Clau∣dian,

—Observantior aequi Fit Populus, nec ferre negat, cum viderit ipsum Auctorem parere sibi.

The General use of good Parliaments is summed up in the(h) 1.14. Chancellors Speech, 2 Eliz. thus: That the principal cause of their Assembly was, that things there proposed, may be orderly, and diligently debated, deeply considered, and thereupon wisely concluded. To examine whether any Law, already made, be too sharp and sore, and so over-burthen∣some to the Subject, or over-loose and soft, and so over-dan∣gerous

to the State: For that acriores sunt morsus intermisseae Libertatis, quam retentae. He further adds, The use of them is to consider the want and superfluities of Laws, whether Graft, Malice or Covetousness hath devised any ways or means to defraud the Benefit and Force of Laws; and in matter of Po∣licy, for the more perfect upholding and establishing the Sove∣raigns Royal State, and the Preservation of the Common∣weal committed to the Princes care.

Bodin(i) 1.15 commends the Constitution of the Government in England and Spain, that they have Parliaments once in three Years; whereby Princes upon any imminent danger, may have recourse to their Council and Assistance, to defend their Coun∣tries from Hostile Attempts, to raise Money for public Necessi∣ty, cure the Diseases of the Commonweal, confirm the State, appoint Laws, hear the Complaints of the grieved, amend Male-Administration, by calling ill Mannagers to account, un∣derstand what the Prince otherwise may be ignorant of, and generally to have counsel in all things, which in Prudence are necessary for the happy Government of the Commonweal.

Sir(k) 1.16 Tho. Smith saith, As in War, where the King himself is in Person, with the Nobility, Gentry and Yeomanry, the Pow∣er and Force of England is: So in Peace and Consultation, where the Prince is to give Life, and the last and highest Com∣mandment, the Nobility for the higher, the Knights, Esquires and Gentlemen for the lower part of the Commonwealth, and the Bishops for the Clergy, be present to advertise and consult, and shew what is necessary for the Commonwealth; every thing being advised with mature Deliberation, every Bill be∣ing thrice read and disputed upon, in either House apart, and after the Prince himself doth consent thereto, that is the Prin∣ce's and whole Kingdoms Deed: whereupon no Man can just∣ly complain, but must accommodate himself to find it just,* 1.17 good, and obey it; and concludes, that whatever the People of Rome might do, either in Centuriatis, or Tribunitiis Co∣mitiis, the same may be done by the Parliament of Eng∣land, which representeth, and hath the Power of the whole Kingdom. Thus far of the general use, now to the Constitu∣tion.

Concerning the word Parliament, it is concluded by most,* 1.18 to come from the French word parler, to speak; therefore be∣fore the word was used by our Historians, as appliable to this great Convention, the Latin word Colloquium was frequently used, to signify a Conference betwixt the King and the great Men summoned to consult, advise, and take Counsel with the King, and among themselves.

Yet before the word was used to signifie these great Assem∣blies, we find it applied to other Meetings in William Rufus's time; For Ingulphus, Abbat of Croyland (speaking of private Consultations in that Abby) saith, That Semannus de Lek,(a) 1.19 coming before the Convention in their publick Parlia∣ment,

took his Oath of Fidelity to them, as Serjeant of their Church.

The First that is noted to use this word among all our Hi∣storians, is(b) 1.20 Matthew Paris, Anno 1246. 30 H. 3. where he saith, There came to the most general Parliament to London, the whole Nobility of all the Kingdom of England.

The first Mention of it on Record, is in the(c) 1.21 Writ of Summons to the Cinque Ports, summoning them ad instans Parliamentum nostrum: and the next is in the Writ of Proroga∣tion of the(d) 1.22 Parliament, 3 E. 1. where it is twice men∣tioned in the Writ, generale Parliamentum nostrum, & eodem Parliamento.

Having premised thus much concerning the Name and first usage, I shall now discourse of it in particular.

SECT. 2. Of the Summons of the Prelates.

THAT the King is Caput, Principium, & Finis Parliamen∣ti, as Sir Edward Coke notes, is obvious to all. The Summons have been constantly from the King,* 1.23 or in his Name.

In the former Chapters I have discoursed out of our Histo∣rians, that the Great Councils were always convened by the Kings: Now I come to prove it by Records, and shall note, first the Summons to the Prelates, then of the Nobles, and thirdly, of the Knights, Citizens and Burgesses; only noting some of the remarkablest of them from Mr. Prynn, who hath so fully writ of them in his brief Register of Parliamentary Writs, in four parts, and his Brevia Parliamentaria Rediviva, to whose indefatigable pains in transcribing such an infinite of Records, all Antiquaries, Lawyers, and Statesmen will be always be∣holding; though in the use he made of such, before the late King's Restauration, or at least, while he sate in the long Par∣liament, few Loyal Men can follow his Doctrines.

All the Writs before the Sixth of King John, whereby any were summoned to great Councils, are utterly lost: that runs(e) 1.24 thus, Mandamus vobis, rogantes, quatenus omni occasione & dilatione postposita, sicut nos, & honorem nostrum diligitis, sitis ad nos apud London, &c. nobiscum tractaturi de magnis & arduis negotiis nostris, & communi Regni Ʋtilitate—vestrum habere consi∣lium & aliorum Magnatum Terraendstrae—Abbates & Priores con∣ventuales toti Diuoecesis citari fa••iatis.

The second Record is(f) 1.25 26 H. 3. directed to Walter Arch∣bishop of York; differing from the former in these particulars: Sicut nos & honorem nostrum; here is added, Pariter & vestrum diligitis, in fide qua nobis tenemini.

Anno 38 H. 3. the Writ is directed to the Archbishop of Canterbury—Paternitatem vestram omni qua possumus affecti∣one

rogamus, quaten••s nos, & Jura nostra totaliter inde∣••ensa non deserentes, cum omni celeritate convocetis coram vobis Capi∣tulum vestrum Cathedrale, Archidiaconos, Viros Religiosos, & Cle∣rum vobis subjectum, inducentes eos omnibus modis quibus poteritis quod nobis in tanta necessitate liberaliter subveniant.

I do not bring in this as a Writ of Summons to a Parliament,* 1.26 out only as a special Writ to excite the Clergy, to a free, vo∣luntary and liberal Contribution for defence of Gascoign, and so to show the Customs of Benevolences in that Age, out of Parliament.

The next(g) 1.27 Writ of Summons of the Prelates to a Parlia∣ment, was that of 49 H. 3. directed to the Bishop of Duresm, wherein the occasions of summoning are reckoned to be after the great Troubles, being quieted by giving the Prince Hostage, for establishing the Peace; therefore to provide with whole∣some Deliberation, and to establish, and totally to compleat with full Security a Peace, &c. Et super quibusdam aliis Regni nostri negotiis quae sine consilio vestro & aliorum Praelatorum & Magnatum nostrorum, nolumus expediri, cum eisdem tractatum ha∣bere nos oporteat, vobis mandamus, Rogantes in Fide & Dilectio∣ne quibus nobis tenemini, &c. 14 Nov.

The next(h) 1.28 Writ is that of 23 E. 1. to the Archbishop of Canterbury, thus, Quia super quibusdam arduis negotiis, nos & Regnum nostrum, ac vos, caeteros{que} Praelatos de eodem Regno tan∣gentibus, quae sine vestra aceorum praesentia nolumus expediri, Par∣liamentum nostrum tenere ac vobiscum super hiis colloquium habere volumus & tractatum, 24 July.

The same Year 23 E. 1. there was another(i) 1.29 Parliament sum∣moned by this memorable Writ, directed to the Archbishop of Canterbury: Sicut Lex justissima provida circumspectione sacrorum Principum stabilita hortatur, ut quod omnes tangit, ab omnibus ap∣probetur, sic & innuit evidenter, ut communibus periculis per reme∣diae provisa communiter obvietur: Then reciting the King of France his frauds concerning Gascoign and his Hostile preparations, adds, provisa jaculaminus laedunt; so commands him in fide & di∣lectione, to be personally present, &c. Praemunientes Priorem & Capitulum vestrae Ecclesiae, Archidiaconos, totumque Clerum vestrae Dioecesis, facientes quod iidem Prior & Archidiaconus in propriis personis & dictum Capitulum per unum, idemque Clerus per duos Pro∣curatores idoneos plenam & sufficientem potestatem ab ipsis Capitulo & Clero habentes, una vobiscum intersint modis omnibus tunc ibidem ad tractandum, ordinandum, & faciendum nobiscum, & cum cae∣teris Praelatis & Proceribus & aliis Incolis Regni nostri, &c. 30 Sept.

The Variations of the Writs are mostly these,* 1.30 That the cause of the Summons is diversly expressed, according to the present emergence. Sometimes the word is Mandamus rogantes, other∣while as 27 E. 1. m. 16. Effect••ose requirimus, & rogamus, Rogamus specialius, Nihilominus injungendo mandamus, as the same years m. 9 dorso. Injungentes the same year: firmiter in∣jungendo,

30 E. 1. m. 9. dorso: Iterato mandamus, Cl. 33 E. 1. m. 8. dorso, Firmiter injungendo mandamus, Claus. 11 E. 3. part 2. m. 10. dorso, Rogantes mandamus, Cl. 38 H. 6. m. 29. dorso, Rogando man∣damus, Cl. 22, 23 E. 4. m. 11 dorso. and so 15 Caroli 1. fol. 20.

These are the greatest variations in the Mandatory part, which was mostly to be personally present themselves, the Bishops, Abbats, Priors, Deans, and Archdeacons, and one Proctor for the Chapter, and two for the Clergy of the Diocess. Some∣times the word is, Sitis apud nos omnibus praetermissis, as 27 E. 1. m. 16. dorso, or, Personaliter intersitis, the same Year, m. 9. dorso, and 30 E. 1. m. 7, 9. dorso, and several other, or, Sitis in propria persona vestra, vel per sufficientem procuratorem a vobis plenam potestatem habentem, as Cl. 6 E. 2. m. 2. dorso, or, qua∣tenus omni excusatione voluntaria cessante, as 4 E. 3. m. 13. dorso, or, propter arduitatem & magnitudinem negotiorum absentiam vestram n••quimus nec volumus aliqualiter excusare: other times, especially Sede vacante, to send a Proctor, or Proxy, thus, Sufficientem Procuratorem plenam a vobis potestatem habentem, mit∣tatis, as 27 E. 1. m. 9. dorso. But(k) 1.31 other times thus, Scientes pro certo, quod nisi evidens & manifesta necessitas id exposcat, non in∣tendemus Procuratores se•• excusatores pro vobis admittere; and gives the reason why, as they loved the King, and his Honour, and the tranquillity and the quiet of the Kingdom, they would be pre∣sent, because of the(l) 1.32 arduity, or difficultness of the business.

Another reason is given, Claus. 11 E. 3. part 1. m. 15. lest by their absence the expedition of the Kings Affairs should be retarded or deferred; and in another, because of the absence of them, oftentimes(m) 1.33 the great Affairs have been retard∣ed, to the disprofit of the King and his Kingdom.

In the 12th of E. 3. it is very strict thus,(n) 1.34 Attentis prae∣missorum arduitate, & imminentibus periculis, quacunque excusa∣tione cessante, personaliter intersitis. And 14 E. 3. after the King had taken upon him the Title of King of France, the charge for their appearance was very strict—Nos sicut hono∣rem nostrum, & salvationem ejusdem Regni nostri Angliae, caetera∣rumque terrarum, ac jurium nostrorum praedictorum, ac negotiorum expeditionem diligitis, nullatenus omittatis; and so in many others.

There is a prevalent Argument used in the(o) 1.35 16 E. 3. when he summoned a Parliament in his absence, to induce the Pre∣lates, and other Members to appear personally, That the King lets them know, that he will more weigh the Gratitude or In∣gratitude, which they shew him in his absence, than if he were present, and he will take care to reward them according to their merit.

Another, the Cl. 2 R. 2. m. 3. dorso, That the King would in no wise have them excused, unless they were detained with such an Infirmity as they could not labour. The words are, nisi tanta infirmitate tunc detenti fueritis, quod aliqualiter illuc laborare non poteritis, nullo modo excusatos habere volumus.

The ends of these Summons were sometimes general, and sometimes special. The general Causes were expressed by the common(p) 1.36 Profit of the Kingdom, the Ardua negotia nos & statum Regni tangentia. Other times, as 25 E. 1. M. 6. dorso, Ar∣duis & urgentibus negotiis nos, & vos, & totum Regnum nostrum tangentibus. Other times,(q) 1.37 ad salvationem Coronae nostrae Re∣giae, & communem utilitatem populi Regni nostri.

The Preamble to the Writ of Summons 4 E. 3. is very(r) 1.38 re∣markable. Rex, &c. Qualiter negotia, nos & statum Regni no∣stri contingentia, postquam suscepimus gubernacula Regni nostri huc∣usque in nostri dampnum, & dedecus, ac depauperationem populi nostri deducta erant, vestram credimus prudentiam non latere: propter quod, non volentes hoc, urgente conscientia, ulterius susti∣nere, ac desiderantes toto corde, statum & Regimen Regni nostri, secundum juris ac rationis exigentiam, ad honorem Dei & tranquil∣litatem, & pacem Sanctae Ecclesiae, ac totius populi ejusdem Regni reformari; Ordinavimus, &c. Parliamentum, &c.

The 22 of E. 3. hath a peculiar(s) 1.39 Clause, Quod dictum Parliamentum non ad Auxilia seu Tallagia a populo dicti Regni nostri petenda, vel alia onera eidem populo imponenda, sed duntaxat pro justitia ipsi populo nostro, super dampnis & gravaminibus sibi illatis facienda.

Another considerable(t) 1.40 Clause is to be found 31 E. 3. Et quum praedicta negotia perquam ardua sine maxima deliberatione tam Praelatorum & Cleri, quam Magnatum, & Communitatis ejus∣dem Regni, nullo modo expediri poterunt; ad quorum expeditio∣nem Auxilium & Consilium tam a vobis, &c. habere necessario o∣portet.

The(u) 1.41 Preamble 3 H. 6. is to enquire how Justice hath been done, &c. Quia nos jam dum in Annis degimus teneris, an pax & justitia ubilibet inter Ligeos nostros Regni nostri Angliae (sine quarum observatione Regnum aliquod prospicere non potest) de∣bite conserventur, & exhibeantur necne, &c. Therefore he sum∣mons a Parliament.

The cause(w) 1.42 of the Summons 22 E. 4. is thus expressed, Quibusdam arduis & urgentibus negotiis, nos, securitatem, & de∣fens••onem Ecclesiae Anglicanae ac pacem, tranquillitatem, bonum pub∣licum, & defensionem Regni nostri, & Subditorum nostrorum ejusdem concernentibus. Therefore he summons them.

The special causes are mostwhat to have supply against the Kings Enemies,* 1.43 the French or Scotch Kings: and it is to be noted, that in the Summons of King E. 2. mostly the(x) 1.44 Scots are not only called the Kings Enemies but his Rebels, which implies them Subjects by vertue of the Homage done to his Fa∣ther, and so 8 E. 2. M. 24. dorso, it is called, Terra nostra Scotiae, though he was the most unfortunate of all our Kings in his Expeditions against that Kingdom.

The first(y) 1.45 Writ I have found, wherein it is said, the King called his Parliament with the Advice of his Council, was 14 E. 3. quia de avisamento Concilii nostri ordinavimus, and so

in 46 E. 3. and afterwards sometimes used, and often omit∣ted, but in later times generally used.

The last considerable thing in their Writs, is what the Prelates, &c. summoned, were to do at these Parliaments, which most∣what is comprehended in these Words, That it is(z) 1.46 expedient to have their Counsel, or nobiscum super dictis negotiis tractaturi, vestrumque consilium impensuri, 23 E. 1. m. 9. dorso; or, ad tractandum, ordinandum, & faciendum nobiscum, Cl. 24 E. 1. m. 4. dorso; Ad ordinandum de quantitate & modo subsidii, Ibid. m. 7. dorso; habere colloquium & tractatum, Claus. 2 E. 2. m. 20. dorso, & ad tractandum & consentiendum, Cl. 6 E. 2. m. 2. dorso. So in(a) 1.47 another, Ordinabimus quod juxta consili∣um vestrum, & aliorum Praelatorum, Magnatum, caeterorumque ibidem convocatorum viderimus opportunum. In the(b) 1.48 20 of E. 3. it is thus expressed, Ad consentiendum hiis quae tunc praedictos Praela∣tos, Comites & alios Proceres ordinari contigerit super negotiis ante∣dictis, and the like. 46 E. 3. m. 11. dorso. In the Writ, 38 H. 6. m. 29. dorso, it is, Ad tractandum, consentiendum & praeclu∣dendum super praemissis & aliis, and 23 E. 4. Et concludendum; and so in the 15th. of K. Ch. the First, Ad tractandum, consenti∣endum, & concludendum.

SECT. 3. Of the Summons of the Temporal Lords.

I Have been the longer upon these Writs of Summons to the Clergy,* 1.49 because those to the Nobles differ'd not much, and the material differences will be all I need note in their Writs, and in these we may find the gradual alteration; from giving Counsel and Advice only, it came to Treaty, Ordain∣ing, Consenting, Doing, and Concluding. I shall refer the curious Reader for the remarks that may be made from all these Writs, to Mr. Prynn's(c) 1.50 Collection of them, and only note some few, most to my purpose, of the Earls, Barons, and the greater Tenents in Capite's Writs, and then proceed to the Writs of the Knights, Citizens and Burgesses.

The first Writ of Summons to a Parliament, now left upon Record, as(d) 1.51 Mr. Prynn notes, is that of 49. H. 3. those of the(e) 1.52 45th. being only Summons to assist the King, cum Equis & Armis, & cum Posse vestro (as that to W. de Bello Campo de Aumel, and others shew) being only to afford him aid against his Enemies and Rebels.

In most of the Writs to the Princes, Dukes, Earls, Barons, and Peers,* 1.53 we find the Mandamus is, Vobis in fide & homagio quibus nobis tenemini. But sometimes, as to Edmund Earl of(f) 1.54 Cornwal, it is, Mandamus in homagio, fide & dilectione, and that to Thomas de(g) 1.55 Furnival 36 E. 3. is fide & ligeancia quibus nobis tenemini. That to Edward, Prince of Wales, 49 E. 3. 6 m. dorso is directed Carissimo primogenito suo Ed. Princi∣pi

Walliae, and the Mandamus neither hath adjoined to it, fide, homagio, or any other Word,* 1.56 but only commands him to be present, in propria persona, though others have fide & homagio or ligeancea.

It is to be noted; that the clause in Homagio & Ligeancia qui∣bus nobis tenemini, is peculiar to the Temporal Lords. But that in fide & dilectione is not so peculiar to the Ecclesiastical Lords, but is inserted into the Lay Lords Writs sometimes. The rea∣son why Archbishops, Bishops, Deans, Parsons, Prebends, and other Ecclesiastic Bodies Politic, when they do Homage (saith(h) 1.57 Littleton) do not say Jeo deveign vostre Home, I be∣come your Man (from whence Homagium or Hominium comes) is(i) 1.58 because he is solely the Homager of God, and so Glan∣vil, Lib. 9. c. 1, 2. Bracton, fol. 78. F. Britton, c. 68. lesta, L. 3. c. 16. resolve that no Man,(k) 1.59 elected Bishop, after Con∣secration doth Homage, whatever he hath done before, but on∣ly Fealty, and no Convent, or Abbat, or Pri••r ought to do Homage, because they hold in anothers name, viz. the name of the Churches. But that these Ecclesiastics swore Fealty, ap∣pears by many examples produced by Mr. Prynn,(l) 1.60 and what Oaths they took, in his abridgment of the Records of the Tower. But this is now of little use, and so I leave it and shall observe some Particulars which Mr. Prynn and others have noted from the several Writs of Summons to Temporal Lords.

First it may be observed,* 1.61 that a Summons by Writ, though for two or three Generations, from Father to Son, did not ennoble the Blood to make them Barons. So Ralph de Camois 49 H. 3. was summoned by Writ, and ranked in the Roll above all Barons, and Ralph his Son, Anno 7 E. 2. But(m) 1.62 Tho∣mas the Grandchild, being chosen one of the Knights for Sur∣ry, was discharged by the King's Writ, because he and many of his Ancestors were Bannerets, and King Richard the Second summoned him to that very Parliament, and he was summoned ever after during Life; yet his Posterity, as others, were omit∣ted, which if they had been Barons properly, (as those by Creation and Tenure of Lands) had not been omitted, but might have challenged Summons ex debito Justiciae. But I can∣not enter into this long Controversy,* 1.63 the curious may per∣use Mr. Prynn, and Elsyng's ancient method of holding Parlia∣ments, Page 33. who is of opinion that every degree of Ba∣ron passed with actual Ceremony, and those Patents some had (whereof the first upon Record he saith, was 11 R. 2. to the Lord John Beauchamp of Rolt) was an entailing of the Ho∣nour, rather than the Creation, because the words are, ipsum Johannem in unum Parium & Baronum Regni praeficimus; where∣as if he had been then created, the words should have been, per praesentes praefecimus. Besides, we find Henry Brom∣flet Knight, was created by special Writ, and his Heirs Males, Barons de Vescy, 27 H. 6.(n) 1.64 ••ntred after the

names of the Temporal Lords, in the very Summons in com∣mon Form, to which is added, Volumus enim vos & haeredes vestros masculos de Corpore vestro legitime exeuntes Barones de Vescy. Now this special Writ and Clause of Creation had been meerly void and nugatory, had the general Writ alone ennobled him and his Po∣sterity. Yet in all the(o) 1.65 subsequent Summons, 28, 29, 31, 33, 38 H. 6. He is only called Dominus, not Baro de Vescy, as also may be noted of Beauchamp.

Secondly,* 1.66 It may be observed, that the word Baro and Ba∣rones are frequently met withal in Histories, the Clause-Rolls of King John, and H. 3. and in the Preface of Magna Charta, and several Statutes applied to all the(p) 1.67 Temporal Lords of Parliament; yet in all the Clause-Rolls, and Writs of Summons, Mr. Prynn hat not observed any particular Persons amongst them, summoned by the Title of Barons, but only the Barons of Graystock, and Stafford, from Ed. 1. to H. 6. as Johanni, Willielmo, Rad••••pho Baroni de Graystock, and so in Ed. 1. and 3. Edmundo & Radulpho Baroni de Stafford.

Thirdly,* 1.68 as to the Title of Dominus, Mr. Prynn saith, It is not to be found given to any but two before the time of H. 6. The first is John de(q) 1.69 Moubray, stiled Dominus Insulae de Axholm, none else having this title till after the Reign of Richard the Second. The next so stiled, is 11 H. 4.(r) 1.70 where a Writ issued, Johanni Talbot Domino de Furnival, which though omit∣ted in some Summons after, was again used in the Summons to him,(s) 1.71 4 H. 5. and H. 5. after which, none is found stiled Dominus till(t) 1.72 22 H. 6. that Robert Hungerford Chevalier, is stiled Dom. de Mollins, as he is in 25 H. 6. which gave the Title of Dom. de Poynings to Henry Percy, and in Cl. 27 H. 6. m. 21. dor∣so, this Title Dominus is given to Hungerford Percy, and four more, after which it grew more common to them, and others summoned, as may be seen in Sir William Dugdale's Summons lately Printed, who(u) 1.73 49 H. 3. reckons Dom. Hugo, Dom. Humet, and Dom. Stanford.

Fourthly,* 1.74 Another Title given to Barons of the upper House is that of Chevalier, which was not given to any Temporal Lords or Barons, in any Writs, or Lists of Summons to Parlia∣ment, before 49 Ed. 3.(w) 1.75 wherein Summons issued, Willi∣elmo de Morle Chevalier, Willielmo de Aldburgh Chevalier, Joh. de Welle Chevalier, Hugoni de Dacre Chevalier. After which it grew more common under King Richard the Second, Henry the Fourth and Fifth.

After the beginning of H. 6. and during the Reign of H. 6. and Ed. 4. there was scarce any Temporal Lord in the lists of Summons, but was stiled Chevalier or Miles, and so it con∣tinues to this day, though not as Mr. Prynn saith, because they were all generally Knighted for their greater Honour; for it is apparent in the Lists exhibited by Sir William Dugdale, that most of the Barons by descent, though never Knighted, had the Title.

Fifthly,* 1.76 There is great difference betwixt Writs of Sum∣mons to general Parliaments, and particular Councils upon e∣mergent occasions, which are not properly Parliaments. All Bishops, Abbats, Priors, Earls, Lords, Barons, together with Judg∣es, and King's Council, Citizens, Burgesses of Parliament, and Barons of the Cinque-Ports being usually summoned to the one; but to the other, some few Spiritual and Temporal Lords only, without(x) 1.77 any Judges, Assistants, Knights, Citizens, Bur∣gesses, or Barons of the Cinque-Ports, or some few of them only, and divers who were no usual Lords, or Barons of Par∣liament, as Mr. Prynn hath made evident, and the Rolls them∣selves in the Margin notes them by de Concilio summonito, or deveniendo ad Concilium: which some Antiquaries having not noted, have confounded them.

SECT. 4. Of the Judicature of the House of Lords.

IT is evident that the Lords in Parliament have ever been the usual Judges, not only in all criminal and civil causes,* 1.78 pro∣per for Parliaments to judg or punish, and Writs of Errors, but likewise in all cases of Precedencies, and Controversies concerning Peers and Peerage, which Power was in them as the King's Supreme Court, before there were any Knights, Ci∣tizens, or Burgesses summoned to our Parliaments. So Hove∣den(y) 1.79 is express in the case of Sanctius, King of Navar, and Alphonsus, King of Castile: Comites & Barones Regalis Curiae Angliae adjudicaverunt, Anno 1177. 23 H. 2. So Fleta in Ed. the First's time, writes(z) 1.80 thus; The King hath his Court in his Council, in his Parliaments, there being present the Prelates, Earls, Barons, Nobles, and other skillful Men (viz. the Judg∣es Assistants) where are ended the doubts of Judgments.

This Particular of the Jurisdiction of the House of Lords, is so fully in every Branch of it proved by Mr. Prynn in his Plea for the Lords House, that it were an Injury to the inquisitive Reader, not to referr him to that Treatise for full Satisfaction; therefore I shall only pick out a very few out of a Manuscript I have of the Priviledges belonging to the Baronage of England, and Mr. Prynn.

In the fourth of King(a) 1.81 Edward the Third, the Peers, Earls and Barons assembled at Westminster, saith the Record, have strictly examined, and thereupon assented and agreed, that John Mautravers is guilty of the death of Esmon Earl of Kent, Uncle of our Lord the King that now is: wherefore the said Peers of the Land, and Judges of Parliament, judged and awarded, that he the said John should be drawn, hanged, and beheaded.

In the first of R. 2. John Lord of(b) 1.82 Gomenys, and William de Weston, were brought before the Lords, sitting in the white

Chamber,* 1.83 and were severally charged at the Commandment of the Lords, by Sir Richard Scroop Knight, Steward of the Kings House: William Weston being accused for rendring the Castle of Outhrewike, and John Lord of Gomenys for rendring the Castle of Ards. They both made plausible defences, and Sir Rich. Scroop Steward, tells William, that the Lords sitting in full Parliament do adjudge him to death. But because our Lord the King is not yet informed of the manner of this Judgment, the execution thereof shall be respited till the King be informed thereof; and the like Sentence he passed upon John Lord of Gomenies, only adding, that he being a Gentleman, and Banneret should be beheaded.

There are many more Examples of Judgments given in Ca∣pital matters upon Bergo de Bayons, 4 E. 3. m. 7. num. 4. Tho∣mas de Gurny eadem membrana num. 5. and others; and for Of∣fences not Capital, of Richard Lions, 59 E. 3. m. 7. William le Latymer, 42 E. 3. m. 2. William Ellis, ibid num. 31; John Chi∣chester and Botesha, 1 R. 2. num. 32. Alice Piers, Ibid. num. 41.

Mr.* 1.84 Prynn(c) 1.85 shews this Jurisdiction out of Historians, even from Cassibellan, out of Geoffrey of Monmouth. Also, Anno 924. of Elfred a Nobleman, who opposed King Aethelstan's Title, and had his Lands adjudged by the Peers forfeit to him; the Words of the King are, Et eas accepi(d) 1.86 quemadmodum judicave∣runt omnes ••ptimates Regni Anglorum.

So Earl Godwin having murdred Prince Alfred, Brother to King Edward the Confessor, being fled into Denmark, and hear∣ing of King Edward's Piety and Mercy, returned, and came to London to the King, who then held a Great Council, and de∣nied the Fact, and put himself upon the(e) 1.87 consideration of the Kings Court, and the King speaks to the Earls and Barons thus, Volo quod inter nos in illa appellatione rectum judicium decernatis, & debitam justiciam faciatis, and after it is said, Quicquid ju∣dicaverint per omnia ratificavit.

So in the Constitutions of(f) 1.88 Clarendon, it is appointed, That the Archbishop, Bishops, and those Clergy that held in Capite, as by Barony, should be Parties in the Judgments of the Kings Court as other Barons ought, with the other Barons, till it come in Judgment to the loss of Member, or to Death.

So in the Case of Tho. Becket Archbishop of Canterbury, Anno 1165. 11 H. 2. we find in Hoveden, parte post, p. 494, 495. that, Barones Curiae Regis judicaverunt eum esse in misericordia Regis: and afterwards, when he would not yield to the Kings Will, he(g) 1.89 saith to his Barons, Quickly make to me Judg∣ment of him who is my Liege Man, and refuseth to stand to the Law in my Court: The Barons going out judg'd him fit to be seiz'd on, and sent to Prison, and the Historian saith, tunc misit Rex Reginaldum Comitem Cornubiae & Robertum Comi∣tem Leicestriae ad indicandum ei judicium de illo factum.

Anno 1208. King(h) 1.90 John exacted Pledges of his Subjects; and amongst others of William de Breause, who said, If he had

offended the King, he would be ready to answer his Lord, and that without Hostages, secundum judicium Curiae suae & Baronum Parium suorum.

So Anno 1240. 24 H. 3.(i) 1.91 Matthew Paris saith, That Hu∣bert de Burgo, Earl of Kent, was grievously accused before the King and his whole Court, and it was adjudged he should resign to the King four of his Castles.

I cannot omit one memorable passage, that,(k) 1.92 Anno 1260. 44 H. 3. there falling out a difference betwixt King Hen. 3. Prince Edward his Son, Simon Montfort, and other Nobles, the King called his Baronage to St. Pauls, and there it being urged, that Prince Edward had done some injuries to the King, he offered to prove himself innocent before the King and his Uncle, who was King of the Romans; saying,* 1.93 That none of(l) 1.94 the rest of the Barons and Earls were by right his Peers, nor ought to exercise upon him their Discussions of the matter. By which it appears, that he judged himself to be something more than a Peer of the Realm, being the Heir apparent of the Crown.

I might fill a large Volum with the Histories and Records, to prove this; but since Levellers, and the House of Commons that voted the House of Lords dangerous and useless, have re∣ceived such deadly wounds by Mr. Prynne in his Plea for the Lords, who was once one of their own Champions, I think it needless to whet those Weapons again, since they always will be in readiness for any one to make use of if need require; and shall only obviate one objection that may be urged, That whatever the usage was before the Representatives of the Com∣mons,* 1.95 yet the Commons after were often admitted to a share of Judicature in some cases: But I shall give a few Instances, how, after this change of the Constitution of Parliament, still this power of Judicature remained in the King and House of Lords.

Roger de(m) 1.96 Mortimer being accused of High Treason, 4 E. 3. for the Murther of King Edward 2. after his resignation and unlawful deposition; Knighton(n) 1.97 giving an account of the proceedings agreeable to the Parliament Roll, saith, Rex prae∣cepit Comitibus, Baronibus, & caeteris Magnatibus Regni justum ju∣dicium ferre super praedicto Rogero de Mortimer: So at the Par∣liament held at Salisbury, 7 R. 2. W. de Zouch is said to be cal∣led to the Parliament, to stand to the Judgment(o) 1.98 of the King, and the Lords: So Michael de la Pole, Earl of Suffolk, and Chancellor of England, 10 R. 2.(p) 1.99 was accused by the Commons in full Parliament, before the King, Bishops and Lords; and at last it is said, The Lords in full Parliament gave judgment against him.

In the Parliament 11 R. 2. Thomas Duke of Gloucester offered to put himself upon his Tryal as the Lords of the Parliament would award, &c. After which the Lords, as well Spiritual as Temporal, claimed their Liberties and Franchises, namely, That

all weighty matters in the same Parliament which should be after moved touching the Peers of the Land, should be judged and determined by them by the course of Parliament, and not by the Civil Law, nor yet by the Common Law of the Land, used in other Courts of the Realm.

Yet this seems a very high Demand; for they have not Juris dandi but dati Jurisdictionem, as they are a Court of Mini∣sterial Jurisdiction, being the Court of the King's Barons in Parliament. And though, when upon Writ of Error(q) 1.100 any Judgment in the King's Bench is examined in the House of Lords, and there affirmed or reversed, the Judgment is said to be affirmed or reversed in Parliament; yet we cannot con∣clude, they have the Power of the High Court of Parliament, that their Decrees (if against the Law) should be as binding as Acts of Parliament.* 1.101 And though the same House, in the same Session, may not have Power to review again their own Judgment, nor to restore again any Judgment they have re∣versed, because they judge ministerially, and not sovereignly, and so bind their own Hands, as well as their Inferiors; where∣as an Absolute Supreme Court is never at the last Period of Ju∣risdiction: yet we see Attainders in one Parliament reversed in another; and so may their Judgments be. But this obiter.

I shall but add one proof more, being full and express to the purpose, to prove the House of Lords sole Jurisdiction with the King, (who must always be understood to give Judgment by them:) The Record is 1 H. 4.(r) 1.102 where it is said, That 3 Nov. the Commons in this Parliament shewed to the King, Come les joggements du Parlement apperteignent soulement au Roy & Seignieurs, & nient aus Communes, &c. That the Judgments of Parliament appertained only to the King, and to the Lords, and not unto the Commons: Thereupon they prayed the King, out of his special Grace, to shew unto them the said Judgments, and the cause of them; that so no Record might be made in Parliament against the said Commons, which are or shall be parties to any Judgment given, or hereafter to be given in Parliament, without their Privity. Whereunto the Archbishop of Canterbury gave them this Answer by the Kings Commandment, That the Commons themselves are Petitioners and Demanders, and that the King(s) 1.103 and Lords from all times have had, and shall have of right the Judgments in Par∣liaments in manner as the Commons have shewed.

How far the King and House of Lords have been Judges of the Priviledges of the House of Commons, I shall declare in that part of this Chapter wherein I treat of that House.

SECT. 5. Of the Assistants to the House of Lords.

HAving thus far treated of the Constituent Parts of the House of Lords, I come now to the Assistants to this most Honourable House; which were mostly the(t) 1.104 King's Great Officers, as well Clergy-men as Secular Persons, who were no Lords or Barons of the Realm, as, namely, his Treasurer, Chancellor of the Exchequer, Judges of his Courts at Westmin∣ster, Justices in Eyre, Justices Assignes, Barons of his Exchequer, Clerks, Secretaries of his Council, and sometimes his Serjeants at Law, with such other Officers and Persons whom our Kings thought meet to summon.

The first Writ that Mr. Prynne finds extant in our Records, and which Sir William Dugdale mentions, is entred in the Clause-Roll 23 E. 1. dorso 9. directed to Gilbert de Thornton, and thirty eight more, whose Names are in Sir William Dugdale; whereof there are eleven by the name of Magistri, three Deans, and two Archdeacons: only I find them differently ranked in Mr. Prynne, to what they are in Sir William Dugdale.

The Writ runs thus: Rex dilecto & fide••i suo Gilberto de Thornton, salutem. Quia super quibusdam arduis negotiis, nos & Regnum nostrum, ac vos caeterosque de Concilio nostro tangentibus, quae sine vestra, & eorum praesentia nolumus expediri, &c. Vobis manda∣mus in fide & dilectione, &c. as in the usual Summons to the Bishops.

Sometimes, as 25 E. 1. there(u) 1.105 was no Writ directed to them; but we find under the Name of Milites, with a Lines space betwixt them and the Barons, thirteen named, which by other Records are known to be the King's Justices.

The differences in their Writs are mostly these: Sometimes,* 1.106 as in 27 E. 1. it is, Cum caeteris de Concilio nostro habere volumus col∣loquium & tractatum; or, as in 28 E. 1.(w) 1.107 showing the spe∣cial Cause, Quia super Jure & Dominio quae nobis in Regno Scotiae competit, &c. cum Juris peritis, & cum caeteris de Concilio nostro speciale colloquium habere volumus & tractatum, vobis manda∣mus, &c. cum caeteris de Concilio nostro super praemissis tracta∣turis vestrumque consilium impensuris.

At the same time there are Writs to the Chancellor of the University of Oxford, to send four or five,* 1.108 de discretioribus, & in Jure scripto magis expertis; and to the Chancellor of the University of Cambridge, to send two or three in the like man∣ner qualified: and then follow Writs to several Abbats, Priors, Deans and Chapters; and all these Writs mentioned the Busi∣ness of the King's Claim to the Jurisdiction of Scotland: and in the Writs of Summons to the Archbishops, Bishops, Abbats, Priors, Temporal Lords, Justices, and Sheriffs of Counties, that Particular is not mentioned: which shows, that the King sum∣moned

these particular Persons, as most fit to search and •• send their Chronicles to the Parliament: The Occasion and Result whereof, and of sending these Lawyers from the Universities, you may read at large in(x) 1.109 Matth. Westminster, and(y) 1.110 Wal∣singham.

In some Writs, as that of 9 E. 2.(z) 1.111 the Justices are appoint∣ed to expedite their Assizes, that they may not fail to be pre∣sent at the Parliament, or to leave two to attend the Business of the King's Bench: And the 7 of E. 2.(a) 1.112 That whereas they had appointed the Assizes at Duresm, and other Parts in the Northern Circuit, at certain days after the time the Parliament was to convene, at which he wondred; he orders them to put off the Assizes, and attend. By which two Writs it appears, their Summons by Writ to attend and counsel the King in Par∣liament, was a Supersedeas to them to take Assizes during the Parliament; and that the Assizes and Suits of private Persons ought to give place to the publick Affairs of the King and Kingdom in Parliament. Whoever desires to know who were summoned in this manner, and the further variety of Summons, may consult Mr. Prynne, and Sir William Dugdale's Summons.

From these Writs we may observe,* 1.113 first, That sometimes the Persons summoned were many in number, sometimes very few, and always(b) 1.114 more or less at the King's Pleasure. Secondly, in latter times the Clergy-men were wholly omitted. Thirdly, That they were never licensed to appear by Proxies. Mr. Prynne hath collected a great many Precedents to prove, that these Persons thus summoned, together with the King's ordinary Council, had a very great Hand, Power, and Authority, not only in making Ordinances, Proclamations, deciding all weigh∣ty Controversies, regulating most publick Abuses, and punish∣ing all exorbitant Offences out of Parliament, in the Star-Cham∣ber, and elsewhere;* 1.115 but likewise in receiving and answering all sorts of Petitions, determining and adjudging all weighty doubtful Cases and Pleas, yea, in making or compiling Acts, Ordinances, Statutes, and transacting all weighty Affairs con∣cerning the King or Kingdom, even in Parliaments themselves, when summoned to them. Yet these have no Vote, but only are to speak to such Matters as their Opinions are required in, and sit uncovered, unless the Chancellor or Lord Keeper give leave to the Judges to be covered.

SECT. 6. Concerning the House of Commons.

I Now come to consider the Honourable House of Commons, and the Use,* 1.116 Constitution, and Priviledges of it, and shall first consider the Summons by which they have their Pow∣er to act as an House, and third Estate in Parliament.

Mr.(c) 1.117 Prynn hath cleared, that all the Writs of Summons directed to Sheriffs (in King John, and Henry the Third's time before 49 H. 3.) to send Knights to the King at set times, were either for Information of the Council what voluntary aid each particular County would grant the King in his great necessity, or to assist with Men and Arms, and were not elected as Repre∣sentatives of the Commons, till 49 H. 3. To whom I shall re∣fer the curious for Satisfaction, as also to Dr. Brady, who hath by his own Inspection, as well as the considerate application of what Mr. Prynn hath amassed (in his Books since his late Majesties Restauration, and after 1648) composed many most useful Observations for the understanding of the ancient cu∣stoms, usages, and practices relating to Parliaments. There∣fore I shall endeavour to be as short as possibly I can, and with∣out obscurity contract what they and most others that treat of the House of Commons, have at large filled Volumes with.

The form of the Writ, 49 H. 3. to the Sheriffs is not(d) 1.118 ex∣pressed, but after the recital of the Writ to the Bishop of Du∣resm and Norwich, and the eodem modo to the Bishops, Abbats, Priors, Deans, Earls, Lords, and Barons, there follows this entry in the Record, Item mandatum est sing••lis Vicecomitibus per Angliam quod venire faciant duos Milites delegalioribus, probioribus, & discretioribus Militibus singulorum Comitatuum, ad Regem Lon∣don, in forma praedicta.

Item in forma praedicta scribitur Civibus Ebor. Lincoln. & cae∣teris Burgis Angliae, quod mittant in forma praedicta duos de discre∣tioribus, legalioribus, & probioribus tam Civibus quam Burgensi∣bus suis: and so to the Barons of the Cinque-Ports, which runs thus; Rex Baronibus & Ballivis Portus sui de Sandwico. Cum Prae∣lati & Nobiles Regni nostri tam pro negotio Liberationis Edwardi Primogeniti nostri, quam pro aliis Communitatem Regni nostri tan∣gentibus, ad instans Parliamentum, &c. Vobis mandamus in fide & dilectione quibus nobis tenemini, firmiter injungentes, omnibus aliis praetermissis mittatis ad nos ibidem, 4 de legalioribus & dis∣certioribus Portus vestri, &c. Nobiscum & cum praefatis Magnatibus Regni nostri tractatum & super praemissis consilium impensuri.

From all which, it is observable, first,* 1.119 that in all probability the Writs then issued to the Knights, Citizens, and Burgesses, were the same in form and substance, with those to the Spiritual and Temporal Lords, and in those to the Sheriffs, &c. Secondly, the Qualifications of those to be elected are limited: Thirdly, It doth not appear whether the Counties themselves, or the Sheriffs alone were to elect. Fourthly, The Writs for electing Citizens and Burgesses were directed immediately to the Citizens and Burgesses themselves, not to the Sheriffs of the Counties. Lastly, that no Writ issued to the Citizens of London, their Liberties then being seized in∣to the King's Hand, and that York and Lincoln are the only Ci∣ties mentioned particularly in the Roll.

The first Writs, entred at large in the Rolls, are those(e) 1.120 22 E. 1.

wherein is expressed, that the King intending a Colloquium & Tractatum with his Barons, and great Men, he commands that the Sheriffs cause to be elected two Knights,* 1.121 of the more discreet and more able to take Pains, &c. to come to Westminster, &c. with full Power for themselves, and the whole Communi∣ty of the said County, to consult and consent each for himself and the said Community, to those things, which the Earls, Ba∣rons, and Nobles aforesaid unanimously ordain in the Premis∣ses; so that for want of such like Power, the Business remain not undone.

I shall now insert what Variations I find in the Writs of Sum∣mons, promiscuosly, whether to Knights, Citizens, or Bur∣gesses, unless there be some remarkable difference to be ob∣served.

First,* 1.122 As to their Qualifications, generally, both Knights, Citi∣zens, and Burgesses are to be de legalioribus & discretioribus, & ad laborandum potentioribus. In the Writ 25 E. 1.(f) 1.123 it is probioribus & legalioribus; and some two, or all of these Epi∣thetes are generally used, till(g) 1.124 22 E. 3. m. 7. dorso, where it is expressed, that the Knights be gladio cinctos & ordinem mi∣litarem habentes & non alios, & de qualibet Civitate, & de quoli∣bet Burgo duos Burgos de aptioribus, discretioribus, probioribus, & fide dignis Militibus, Civibus & Burgensibus,* 1.125 and in the Twen∣ty fourth of E. 3. there is an addition and limitation,* 1.126 Qui non sunt Placitorum, aut querelarum manutentores, aut ex hujusmo∣di quaestu viventes, sed homines valentes, & bonae fidei, & publicum commodum diligentes eligi: and the self-same Limitations are in the 25, 28, and 29 E. 3. So that it was used so long as the King thought fit. In(h) 1.127 26 Ed. 3. it is unum Militem de provectioribus, di∣scretioribus, & magis expertis Militibus, and so for Citizens and Burgesses: by which it appears the King desired not any under Age (as now is allowed) to be chosen. In 31 Ed. 3. besides(i) 1.128 the usual words de discretioribus & probioribus, there is ad∣ded de elegantioribus personis eligi. Which in no Writ else before or after is to be found. In the 36 E. 3.(k) 1.129 it is de meliori∣bus & validioribus Militibus, &c. That of the Forty fourth of(l) 1.130 E. 3. runs, Duos Milites gladiis cinctos & in Armis & Actibus Armorum magis probatos & circumspectos & discretos.

It appears by the Parliament Roll, 46(m) 1.131 E. 3. That it was accorded, and assented to in that Parliament, and an Or∣dinance made, That no Lawyer pursuing Business in the Court of the King, nor any Sheriff while he was Sheriff, should be returned, or accepted Knights of the Counties; and if any were so returned, they should have no wages. Therefore in the fourteenth Number of the said Roll, it is thus expressed, Mes voyet le Roy, que Chevalers & Serjaunts, (i. e. Esquires, not Serjeants at Law) des meulieur valeurs du paiis soiz retornez desore Chevalers en Parlement, & quils sount esluz en plein Counts. That Knights and Esquires of greatest value in their Country should be chosen in the full County.

The very next Writ 47 E. 3.(n) 1.132 runs thus, Duos Milites gla∣diis cinctos se•• Armigeros, (which explains the word Serjaunts before, as in that Age being reputed Servants to Knights, as holding Lands in such a Tenure of them) de dicto Com. dignio∣res & probiores, & in Actibus Armorum magis expertos, & discretos, & non alterius conditionis, & duos Cives & Burgenses, qui in navigo & exercitio mercandisarum notitiam habeant meliorem, eligi; and then in the Close, follows, Nolumus autem quod tu seu aliquis alius Vicecomes Regni praedicti, aut aliquis alteri••s con∣ditionis quam superius specificatur, aliqualiter sit electus; and the last Clause, till the 11 Rich. 2. was used, and from the 12th. to the last of Rich. 2. the words alterius conditionis are omit∣ted, and so in Ed. Fourth's time; but the Clause, that the Sheriff be not chosen, is retained.

To these we may add, That Bannerets were not to be cho∣sen Members of the House of Commons,(o) 1.133 7 R. 2. in the case of Thomas Camoys thus, Nos advertentes quod hujusmodi Banneretti ante haec tempora Milites Comitatuum ratione alicujus Parliamenti eligi minime consueverunt; ipsum de Officio Militis ad dictum Parliamentum pro Communitate Com. praedicti venturi, exonerari volumus, and so commands the Sheriff to chuse ano∣ther.

In the 11 R. 2. we find a(p) 1.134 new qualification in the Writ, That the Knights, &c. should be Gladio cinctos, idoneos & dis∣cretos, & in Debatis modernis magis indifferentes;* 1.135 but the King being informed, that this new Clause, indifferent in the mo∣dern Debates (which only was to the Knights, not to the Ci∣tizens or Burgesses) was contrary to the forms of Elections an∣ciently used, and against the Liberty of the Commons, he su∣perseded, and revoked that Clause by another Writ.

In the 5 H. 4. an unusual new(q) 1.136 Clause was added to the prohibition of Sheriffs, Nolumus, &c. nec Apprenticius a••t aliquis alius homo ad Legem aliqualiter sit electus: Concerning this and that in the 46 Ed. 3. the curious Reader may peruse Sir Ed.(r) 1.137 Coke, whose opinion Mr. Prynne(s) 1.138 from the Roll, and from Walsingham, clearly confutes, however that Parliament is since called indoctum.

After this, upon making the Statutes 7 H. 4. c. 15.11 H. 4. c. 1. upon the Commons Petition, the ancient form for the Writs was somewhat altered and enlarged, though little as to the qualifi∣cations, but as to the manner of Elections, &c. of which I shall discourse by it self.

23 H. 6. c. 15.(t) 1.139 a Statute was made concerning Elections of Knights, therefore in the Writs of Summons 25 H. 6. it runs thus, Milites notabiles, seu saltem notabiles Armigeri, hominesve generosi de natu eorundem Com. qui habiles sunt Milites fieri, & nullus homo de gradu valettae, & gradu inseriori de essendo Milites hujusmodi existant.

Having thus treated of the Ancient Qualifications,* 1.140 I shall subjoin the modern, which are comprised in short, To cause

(u) 1.141 two Knights girt with Swords, the most fit and discreet of the County aforesaid, and of every City of that Country two Citizens, of every Burrough two Burgesses of the discreeter and most sufficient to be freely and indifferently chosen, &c.

Having thus discoursed of the Qualifications of the Persons elected; before I make any remarks upon the whole, it is fit to note the Electors and manner of Election. Some are of opini∣on, that, as the greater and lesser Tenents in Capite, after King John's Charter, were the only Lay constituent Members of Par∣liament, so the still smaller Tenents to those that held in Capite, and the smaller Tenents in Capite, if not they only, did elect the Knights of Shires.

But I shall, as fair as Records will give me light, by particu∣lars clear this, and the power that was given them by the Com∣munity of the County to the Knights.

The first(w) 1.142 Writ hitherto found, is only, That the She∣riff shall cause to be chosen two Knights, and that they have power, &c. as I have before related in the Writ to the She∣riff of Northumberland;* 1.143 it is to cause two Knights to come, chosen by the consent of the County, and to have full power for themselves singly, and the Community of the County; and so likewise, two Citizens and two Burgesses with the Assent of the Community of the City or Burrough. The Knights were elected by the Community of the County, that is, as Dr. Brady makes it clear in his(x) 1.144 Glossary, the greater and less Tenents in Capite; and as for Cities and Burroughs, such were the chu∣sers as held Lands in Free Burgage of the King, or some great Lords who held in Capite.

Ann. 26 E. 1.(y) 1.145 expresseth no more but the Election in gene∣ral, and the power to be given the Elected, Ita quod dicti Mi∣lites plenam & sufficientem potestatem pro se & Communitate Com. praedict. & dicti Cives & Burgenses pro se & Comunitate Civita∣tum & Burgorum praedictorum divisim ab ipsis tunc ibidem ha∣beant, &c.

Before I proceed any further,* 1.146 we must note, that in the Re∣turns made by the Sheriffs to these Writs, there are found 26 E. 1. four Manucaptors for every person elected, and in others two: these did engage themselves, that the Knights, Citizens, or Burgesses so elected should appear at the Parliament according to the time appointed.

In the County of Bedford, I find Rich. de Rous Knight elect∣ed, and no Manucaptors returned, but that the Sheriff distrain∣ed eight Oxen, and four Horses of him, that he should come at the Day, &c. This was done by vertue of that Clause in the Writ, & eos ad nos ad praedictos diem & locum venire facias; and this way of having Manucaptors, continued till the 12 E. 4.(z) 1.147 though many had none in latter times. Mr. Prynne ob∣serves, That the Knights in every Shire were elected in the full County, by and for the whole County, and that the Citizens and Burgesses were then also elected per totam Communitatem.

In all the Writs of Richard the Second, there is this Clause more fully inserted than in any before, That the Election be in pleno Comitatu tuo de communi assensu ejusdem Comitatus.

Upon the making the Statutes 7 H. 4. c. 15. and 11 H. 4. c. 1.* 1.148 for regulating abuses in Elections, the Writs of Summons 8 H. 4. and all his time, and so(a) 1.149 1 H. 5. were accordingly al∣tered, that Proclamation should be made by the Sheriff, in the next County day after the receipt of the Writ, and the Knights to be chosen libere & indifferenter,* 1.150 free and indifferently by those that were present at the Proclamation; and shall return the names of the Knights, Citizens, and Burgesses,* 1.151 in certain In∣dentures betwixt the Sheriff, and those that were present at the Election, whether the persons elected were present or not, &c.

The Returns to the Writs 1 H. 5.* 1.152 shew the Election to be by common assent and consent of those present, as that for Lestwy∣thiel, where 32 Electors are named, and that for Surry hath only four, but adds, & omnium aliorum fidelium ibidem existentium. The Indenture for Sussex is in French, and saith, Les Gentilles homes & Communes, the Gentlemen and Commons had chosen Richard Sayvile, &c.

The Sheriff of Bristol saith, Coadunatis discretioribus & ma∣gis sufficientibus Burgensibus, ex assensu Johannis Clive Majoris Villae praedictae, & aliorum plurimorum existentium eligimus, &c. The elected were two Burgesses of Bristol, Thomas Norton and John Leycester, both for Knights for the County of Bristol, and Bur∣gesses for the Villa of Bristol; and in another these are called Burgenses and Mercatores.

The next alteration that I find, is after the Statute of the(b) 1.153 8 H. 6. c. 7. which agrees with that of 23 H. 6. that every Knight to be chosen within the Kingdom of England to come to the Parliament, shall be chosen by such as live in the Coun∣ty; whereof every one have a free Tenement to the value of Forty Shillings per annum, beyond all Reprizes; and that those who are elected be abiding, and resident in the said County, and the Sheriff have power upon Oath to examine the Electors, what yearly Estate they have, and that the Sheriff incur the pe∣nalty of 100 Marks for his false return, and the Knights so re∣turned lose their Wages.

There are several Precepts that command, that at such E∣lections(c) 1.154 no person come there Armed, or arrayed in War∣like manner, or do, nor attempt any thing that may be in disturbance of the Kings Peace, or the Election; as particular∣ly is expressed in the Writs, 2 E. 3. m. 31. dorso, and several others to be perused in the first part of Prynne's Brief Register, a p. 27. ad 28, 177, 214. Cl. 5 E. 2. m. 22. dorso, 18 H. 6. and several other places which were prohibited, that Elections thereby might be made free.

That it may appear, that the Elections in ancient times were not made by such as we now call Freeholders of forty Shillings

a Year (which now is established by Statute Law) I think it not amiss to insert what I find of a particular usage in York∣shire;(d) 1.155 where•••• it appears by the first Indentures of the Electi∣ons and Returns of Knights for the County of York, that the Atturnies of the Archbishop of York, and of sundry Earls, Lords, Nobles, and some Ladies, who were annual Suitors to the County Court of Yorkshire, were sole Electors of the Knights, as appears by the Return 13 H. 4. upon the Writ of 12 H. 4. betwixt Edm. Sandford Sheriff on the one part, and Will. Holgate Attorney of Ralph Earl of Westmorland, Will•• de Kyllington Atturney of Lucy Countess of Kent, Will. Hesham Atturney of Pet. Lord de M••lolacu, William de Burton Atturney of William Lord de Roos, Rob. Evedal Atturney of Ralph Baron of Graystock, William do He∣ston Atturney of Alex. de Metham Knight, Henry de Preston Atturney of Henry de Percy Knight, chuse John de Ever Knight, and Robert de Plompton Knight.

Also 2 H. 5. The Indenture is betwixt William de Harring∣ton Knight, Sheriff of Yorkshire, and Robert Maulevere•• Attur∣ney of Henry Archbishop of York, William Fencotes Attur∣ney of Ralph Earl of Westmorland, William Archer Atturney of John Earl Marshal, and so the Atturnies of Hen. le Scrop Knight Lord of Masham, of Peter de Mulolacu, Alexander de Metham. Robert Roos, of Margaret, which was Wife of Henry Vavasor Knight, and of Henry Percy.

The like are found in the Eighth and Ninth of H. 5. and the 1, 2, 3, 5, 7 H 6. in all which the Atturnies only of No∣bles, Barons, Lords, Ladies, and Knights, who were Suitors, made the Elections of the Knights of Yorkshire, in the County Court, and sealed the Indenture. I have a French Letter of Atturney from the Lady Ross, to that purpose; concerning which, if God give me Life, I shall give an account in my An∣tiquities of Yorkshire,

This Method ceased before 25 H. 6. at which time the Re∣turn made by Robert Ʋghtred Sheriff of Yorkshire, hath the Names of Forty two Gentlemen, most of which are of very ancient Families, and such as had great Estates then, and so continue to have; though I doubt not but (as it is the Custom now) the much lesser part of those present were only inserted as Parties to the Indentures. However by the Community we may understand, who elected were not like the Freeholders now.

The next thing we are to consider in the Writs of Summons to Parliament,* 1.156 is what the Knights, Citizens, and Burgesses so elected, were by the Writ authorized to do.

The first Writ(e) 1.157 that we find for Election of Knights of Shires, expresseth their convening to be, To consult, and con∣sent for themselves, and the Community, to those things which the Earls, Barons, and foresaid Nobles unanimously should ordain in the premisses; and the Writ to the Sheriff of Northumberland is ad a••diendum & faciendum quod & tunc ibi∣dem

plenius injungemus, to hear and do what we shall then and there fullier enjoin.

In the Writ 25(f) 1.158 E. 1. the King intending to confirm the great Charter, and Charter of the Forrest; that he might levy the eighth part of all the Goods of his Lieges, for his most urgent necessity against the French; convenes the Parliament before Prince Edward his Son, and the Knights are to meet to receive the said Charters, & facturi ulterius quod per dictum Filium nostrum ibidem fuerit ordinatum; to do further what should be ordained by the Prince.

The Writ 25 E. 1.(g) 1.159 expresseth that the Knights, Citi∣zens, and Burgesses, are to do what then shall be ordained in the Premisses by the Common Council; and so the Returns are ad faciendum quod tunc ibidem ordinabitur.

In 17 E. 2.(h) 1.160 it is enjoyned, that the Knights, &c. be there, ad faciendum & consentiendum hiis quae in dicto Parlia∣mento ordinari contigerit super negotiis antedictis.

Anno 21 E. 3.(i) 1.161 there is some more Power granted to the Knights, &c. ad tractandum, consulendum, & consentiendum hiis quae tunc favente divina Clementia contigerit ordinari. Where∣as before it was only to hear and do what was ordained by the King, the Prince, or the great Council; here it is to treat, con∣sult and consent to what then should be ordained. But the Writ Anno 36.(k) 1.162 explains who had the ordaining Power, for it runs, ad consentiendum hiis quae per nos, ac dictos Praelatos, Magnates & Proceres ordinari contigerit. So here the King, the Bishops, and the Nobles ordain, and the House of Commons are to assent. Anno 47 E. 3.(l) 1.163 the words are, ad facien∣dum, & consentiendum eis quae tunc de Communi Concilio Regni no∣stri favente Domino contingant ordinari; which Form is continu∣ed to this day: so that according to the import of the Writ, the Commons are to do and assent to what shall be ordained in Parliament; by which two words I suppose they have the full Power to frame Bills, and to assent, which also implies a Power of Dissent to the Bills sent to them by the House of Lords.

Having thus drawn into one Scheme, the most material Al∣terations, and variety of Expressions, from all the Writs of Summons, of Mr. Prynne and others, that fill so great Volumes, and truly (as I hope) quoted all the Records, which illustrate these Particulars, and in a very clear Landscape represented the most material Parts of the two so noble and wisely constitu∣ted Houses; from whose great Wisdom (with the Sovereigns Authority and Fiat) all those wholesome and necessary Laws are derived, that establish this great Monarchy: I shall now pass to some general Remarques, and from thence to the anci∣ent and modern Priviledges of the House of Commons.

First it is very obvious,* 1.164 that the Kings of England formerly were not confined to summon only two Knights, Citizens, and Burgesses as now; for Anno 22(m) 1.165 E. 1. the King issued out his Writs of Summons for two Knights of every County, after

which, follows a second Writ, entred immediately after in the same Dorse, for other two Knights in these words, Praeter illos duos Milites eligi facias alios duos Milites legales, &c. So 28 E. 1. three Knights, or other three de probioribus, legalioribus, & discretioribus Liberis Hominibus, &c. eligi. These probi & le∣gales homines were such as held in Capite. So in the(n) 1.166 26 of E. 3. the King considering that it was Harvest time, that he might not withdraw Men from that Employment, unum tan∣tum Militem de quolibet Comitatu ad dictum Concilium mittendum habere volumus ista vice. So(o) 1.167 45 E. 3. the King in his Writ saith, That he might spare the Labours and Expences, he will have treaty with some only of the Magnates, (by which the Knights of Shires here are to be understood) Citizens and Bur∣gesses,* 1.168 therefore appoints one Knight for the County of Kent, one Citizen for Canterbury, and one for Rochester, whom he names, if they be alive, otherwise the Companion of him that was before.

In 18 E. 3. the Writs issued only for two(p) 1.169 Knights in every County, and no Writ for Electing Citizens or Burgesses; and 26 E. 3. the Writs are for one Knight in eve∣ry County, and no Citizens or Burgesses: yet in(q) 1.170 this the King issued out particular Writs to Mayors and Bailiffs o•• Cities and Burroughs, to elect, and return one Citizen for e∣very City, and one Burgess for every Burrough.

Secondly, That the Kings of England had a Power to super∣sede particular Persons being chosen, to resummon those that returned without leave, or appoint others in their places, and omit sending Writs to some Cities and Burroughs that had for∣merly sent, and to create new Burroughs.

So the Lord Camoys,(r) 1.171 as I have instanced before, being elected by the King's first Writ, the King by new Writ declared it null, and ordered to proceed to a new Election, and the King appears in that Age to be the sole Judge of void, and dou∣ble Elections. So in the(s) 1.172 28 Ed. 1. Phillip de Geyton, be∣ing chosen one of the Knights for the County of Northampton, and could not attend, the King orders another to be chosen. So 5(t) 1.173 E. 2. because the Knights, Citizens, and Burgesses of Yorkshire, went away for certain causes not there expressed (it is probable without the Kings Leave) therefore he sends his Pre∣cept to the Sheriff, to cause them to return, vel alios ad hoc ido∣neos loco eorum si ad hoc vacare non possint. But this more espe∣cially is to be taken notice of when I come to discouse of Privi∣ledges of Parliament.

As to the last particular of the King's appointing new Bur∣roughs,* 1.174 impowering them by special Charters to send Citizens and Burgesses to all Parliaments to be afterwards held by the King, his Heirs, and Successors, Judge(u) 1.175 Hobarts hath clea∣red it, and(w) 1.176 Mr. Prynne hath reduce them all into Chro∣nological Tables, and he makes it a certain Note, that where the Sheriff makes his Return, nulli sunt Cives nec Burgenses

in Com. praedict. or non est alia Civitas vel Burgus, or non sunt alii Burgi, we may certainly conclude that every City or Bur∣rough omitted then out of those ancient Returns, and since returned for Cities or Burroughs, were made Cities and Bur∣roughs since that time, as the curious may see at large in his(x) 1.177 Brevia Parliamenta Rediviva.

But on the other side,* 1.178 we find many Burroughs who elected Burgesses in 26 E. 1. (as particularly Pontefract and Malton in Yorkshire) had no Summons that are yet found, from 26 E. 1. to 12 E. 4. Now whether this were by the King's special Di∣rections, the Desire of the Places, (as not being willing to be at the Charge of paying their Burgesses Wages, which were in that Age exacted) or the Carelesness of the Sheriffs, is a Que∣stion not easily to be determined; though it is certain, it might be by any of these Causes. That Poverty was a principal Cause, appears in the numerous Returns of the Sheriffs of Lan∣cashire,(y) 1.179 when Lancaster and Preston before 33 E. 3. used to return Burgesses; but from thence, till after the Reign of King Edward the Fourth, we find the Return to be, Non est aliqua Civitas neque Burgus in Balliva mea: And the Reason is given in the Return 38 E. 3. Propter eorum debilitatem seu paupertatem, in∣opiam & paupertatem, or paupertatem & debilitatem, throughout the whole. For it was anciently really reputed a great Burthen for poor and small Burroughs to send Burgesses to Parliament, they being bound to defray their Charges.(z) 1.180 So the Bailiffs and Commonalty of Toriton did repute it, and petitioned the King in Parliament to free them from this Burthen; as likewise did the Abbat of Leicester, Anno 14 E. 3. the Prior of St. James without Northampton, Anno 12 E. 2. by reason(a) 1.181 of their Po∣verty, and extraordinary Expences in repairing to Parliaments, to be exempted from all future Parliaments, they not holding by Barony; and obtained their Request. So the Abbat of St. Augustine in Bristol, Pat. 15 E. 3. p. 1. m. 13.

Mr. Prynne(b) 1.182 owns, That the King by his Letters Patents may exempt a Burrough unduely charged by the Practice of Sheriffs or others to send Men to Parliament against Right and common Usage; but not(c) 1.183 such as by Duty and Custom ought to send and find Burgesses. Under this Head we may consider the Temporary(d) 1.184 Exemption of R. 2. 6 Regni, to the Burgesses of Colchester, for five years, in consideration of the new building and fortifying their Walls: yet this did not exempt them; for it was against the Statute made 5 Ric. 2.(e) 1.185 wherein it is expresly provided, That all Persons and Com∣monalties which shall from henceforth have Summons to the Parliament, shall come in the manner as they be bound to do, and have been accustomed, within this Realm of England, of old time: And the Sheriffs are punishable who leave out of the said Returns any Cities or Burroughs which be bound,* 1.186 and of old times were wont to come to the Parliament. And in(f) 1.187 23 H. 6. it is said, That divers Sheriffs of the Counties have

sometimes returned none of the Knights, Citizens, and Burges∣ses, lawfully chosen, but such which were never duly chosen, and other Citizens and Burgesses than those which by the Mayors and Bayliffs were to the said Sheriffs returned; and moreover made no Precepts to the Mayors or Bayliffs for the Electing of Citizens and Burgesses to come to Parliament. Which makes Mr. Prynne(g) 1.188 infallibly resolve, that Sheriffs did before these Acts, arbitrarily issue out their Precepts to what Cities and Burroughs they pleased, which they might the more freely do, because the Precept to them was indefinite de qua∣libet Civitate & quolibet Burgo, used in all Writs since the 23(h) 1.189 E. 1. without designing the particular Cities or Burroughs by name. By which means Sheriffs might use a kind of Arbi∣trary Power according as their Judgment directed them, or their affections of favour, partiality, malice, or the solicitations of any private Burrough to them, or of Competitors for Citi∣zens or Burgesses places within their County, swayed them; which opinion of Mr. Prynn's, as also that no new Burroughs by the Kings mere Grant, or the House of Commons Order, can be legally created, or old long discontinued Burroughs be enabled by Vote of the House of Commons to chuse and return Bur∣gesses to our English Parliaments, I shall leave to the discus∣sionof those it may concern.

There was one Custom anciently used (which was taken a∣way by the Statute of the 36 H. 6.* 1.190) that in many Counties, the Knights, Citizens and Burgesses were elected on the same day in their County Courts, by the Suitors or others resorting to it; or by four or five Citizens and Burgesses only (whereof the Mayor, Bayliffs or chief Officer was usually one) sent from every City and Burrough to the County Court, there to elect their Citizens and Burgesses, so soon as the Knights were chosen, returning them often in one(i) 1.191 Indenture, or the Knights alone, and the Citizens and Burgesses in another, under the Seals of the Citizens and Burgesses electing them, as appears by the Indenture for Cumberland 2 H 5. and that of Kent 12 H. 4. of Wilts 1 H. 5. and Bedford 2 H. 5. Before I dismiss this head, I shall note out of the great(k) 1.192 Collections of Mr. Prynne,* 1.193 that the total number of the Cities, Burroughs and Ports, either summoned by the Sheriffs Precepts or Writs to Elect and Return, or actually electing and returning Citizens, Burgesses or Barons of the Cinque Ports, from King Edward the First's Reign, to the end of Edward the Fourth, were but a Hundred and Seventy, and no more, whereof Seven never sent after E. 1st's. time, and Twenty of them but once during these Kings Reigns, and Thirteen of our Abbats, and Twenty Seven of our Priors were summoned to our Parliaments but once, and several Burroughs but twice, thrice, four or five or six times, all the whole time else being omitted: and as some were thus neglected,* 1.194 so new ones supplied the number. In Edward the Second's time Nineteen new Burroughs being added, and as

many in Edward the Third's time. During the Reign•• of Rich∣ard the Second, Henry the Fourth and Fifth, no new Burroughs created at all; and during the Forty Nine Years Reign of Henry the Sixth, but Five new Burroughs; and in Edward the Fourth's time but one. He saith, that Fourteen new Burroughs have been made in Cornwal since K. Ed. 4.(l) 1.195

By which is discovered the Error of the Compiler of the absurd gross late Imposture, Intituled, Modus tenendi Parlia∣mentum, so magnified by Sir Edward Coke,(m) 1.196 beyond all bounds of Truth and Modesty; as also the great mistake of our learned judicious Antiquary(n) 1.197 Mr. Lambard and(o) 1.198 others of great note, who affirm that the true original Title and Right of all our ancient Cities and Burroughs, electing and sending Burgesses and Citizens to our Parliaments, is Prescription time out of mind, long before the Conquest; it being a Privilege they actually, and of right enjoyed in Edward the Confessor's time or before, and exercised ever since: Indeed the whole series of the great Councils in the Saxon, Danish and Norman Kings Reigns to the Forty Ninth of Henry the Third, evince the contrary.

As to the Wages of the Knights, Citizens and Burgesses,* 1.199 it be∣ing a thing now obsolete (though not out of force by those that would claim them) I shall only note, that the first Writ for them, is coeval with our Kings first Writs of Summons; and the reason given in the Writ is, That whereas the King had summoned two Knights, &c. and they had stayed(p) 1.200 longer than they believed they should do, by reason of which they had been at no small Expence: therefore the King ap∣points the Sheriff by the counsel of Four lawful Knights, to provide for the Two Knights of the Shire their reasonable Expences.

The Writ of the 28 Ed. 1.(q) 1.201 commands that they have ra∣tionabiles expensas suas, in veniendo ad nos, ibidem morando, & inde ad propria redeundo; their reasonable Expences in coming to the King, staying there, and returning to their homes. The like we find for the Citizens and Burgesses in the 1 Ed. 2. there was Four Shillings a day allowed for every Knight, and Two Shil∣lings for every Citizen and Burgess.

Mr. Prynne(r) 1.202 gives many good reasons why these Wages were allowed, some of which I shall recite: As first, that all Laws allow Sallaries for Services, and those being public Ser∣vants and Representatives or Atturneys for the Counties, Cities, Burroughs, to consult about the great and arduous Affairs, neces∣sary Defence, Preservation and Wellfare of the King and King∣dom, and theirs, for and by whom they were intrusted; it is reason (as they receive the benefit of their good Service, in giving their good Advice towards the redressing of Grie∣vances, and making wholsom Laws) that they should have allowed their necessary Expences. Secondly, It appears in ancient times, there was no such ambition to be Parliament∣men

as of late, but the Persons elected thought it a burthen; therefore lest being elected they should neglect to repair to the Convention, they had Sureties called Manucaptors for their Appearance. Thirdly, This obliged the Counties, Cities and Burroughs to be carefuller in electing the discreetest, ablest, fittest and most laborious persons, who would speediest and best dispatch all Public business, which occasioned the short∣ness of Sessions. Fourthly, It begat a greater confidence, cor∣respondence and dependance betwixt the Electors and Elected. Fifthly, It kept poor petty Burroughs (unable to defray the Expences of their Burgesses) from electing or sending Mem∣bers to our Parliaments, and oblig'd some to Petition to be eased of the Charge; whereby the number of Burgesses was scarce half so many, and Parliaments were more expedi∣tious in Councils, Aids, Motions and their Acts and De∣bates, and so the Sessions were much shortned, the Elections were then fairer, and for the most part unquestionable, the Commons House less unwieldy, Privileges of Parliament less en∣larged beyond the ancient Standard, abuses in Elections, Re∣turns and Contests about them (by reason of the Mercenary and Precarious Voices) less troublesom: whereas now in every new Parliament a great part of the time is spent in the regulating Elections. But Mr. Prynne hints little upon one great cause of that usage, which was that in Burroughs as well as Cities, most what the persons elected were the Inhabitants in the Cities and Burroughs, Merchants, Tradesmen, or the most popular Burghers; as will appear to whoever peruseth the Chronologi∣cal Catalogue Mr. Prynne(s) 1.203 with no small pains hath collected into his Fourth Part of his Brief Register, where I believe one can pitch upon no City of Burrough from the time of Ed. 1. to the 12 Ed. 4. but he will find by the very names, that they were such as I have mentioned. I am well assured of it for Yorkshire, and particularly for the City of York, they being generally such as we find in the List of their Mayors.

Beverly hath Four of the Sirnames of good Families, and Kingstone upon Hull hath(t) 1.204 William a S. Pole, from whom the great Family of Suffolk sprung, but it is well known he was a Merchant there.

Now since every part of the Country abounds with Gentle∣men of Plentiful Fortunes,* 1.205 Generous Education, such as are versed in Affairs of their Country, as Justices of the Peace, Deputy Lieutenants, and have been Sheriffs, Members of Par∣liament, and born Publick Offices; there can be no expecta∣tion or Fear, that those that are Candidates for Parliament Men for Burroughs, will expect any Sallary or Reward, so long as they chuse them. There being generally Competitors, who instead of expecting Wages, are generally obliged now to vast expences to purchase the Votes•• of the Electors; so that now the Honourable House of Commons is quite another thing, than what it was wont to be in elder Ages, when they

were summoned principally to give Assent to what the King and the Lords did, to assent to Aids, and Taxes, and apportion their own Taxes, bring up their Petitions concerning Grievan∣ces to be redressed by the King and his Council, or the King and Lords, and draw up Impeachments against great Offenders, and such like.

Having thus considered the Writs of Summons to the Mem∣bers of the House of Commons before Henry the Seventh's time in all its branches,* 1.206 I shall give a Transcript of the Writ of Summons used at this day; whereby may be seen how much of the old form is continued, which I shall insert in Latin and English, that the Emphasis of the Original may not be lost.

REX

Vicecomiti Salutem, &c.

Quia de advisa∣mento, & assensu Concilii no∣stri, pro quibusdam arduis & urgentibus negotiis, nos, statum & defensionem Regni nostri An∣gliae, & Ecclesiae Anglicanae, con∣cernentibus; quoddam Parlia∣mentum nostrum apud, &c. die, &c. proxime futuro, teneri ordi∣navimus; & ibidem cum Prae∣latis, Magnatibus & Proceribus dicti Regni nostri colloquium ha∣bere & tractatum. Tibi prae∣cipimus, firmiter injungentes, quod facta Proclamatione in proximo Comitatu tuo post re∣ceptionem hujus Brevis nostri, tenendo die & loco praedicto, du∣os Milites gladiis cinctos, ma∣gis idoneos, & discretos Comi∣tatus praedicti, & de qualibet Civitate Comitatus illius, duos Cives, & de quolibet Burgo duos Burgenses, de discretioribus & magis sufficientibus, libere & indifferenter per illos qui Pro∣clamationi hujusmodi interfue∣rint, juxta formam Statutorum inde editorum & provisorum eligi, & nomina eorundem Mi∣litum, Civium, & Burgensium,

sic electorum, in quibusdam In∣denturis inter te & illos qui hujusmodi Electioni interfuerint, inde conficiendis, sive hujusmodi electi praesentes fuerint, vel ab∣sentes, inseri; eosque ad dictum diem & locum venire facias; ita quod iidem Milites, plenam & sufficientem potestatem pro se, & Communitate Comitatus praedicti; Cives & Burgenses pro se, & Communitate Civitatum & Burgorum praedictorum, di∣visim ab ipsis habeant, ad faci∣endum & consentiendum his quae tunc ibidem de communi Conci∣lio dicti Regni nostri (favente Deo) contigerint ordinari, su∣per negotiis ante dictis: Ita quod pro defectu potestatis hu∣jusmodi, seu propter improvi∣dam Electionem Militum, Civium aut Burgensium praedictorum, dicta negotia infecta non rema∣neant quovis modo. Nolumus autem quod tu nec aliquis alius Vicecomes dicti Regni nostri ali∣qualiter sit electus. Et Electio∣nem illam in pleno Comitatu factam distincte & aperte sub Sigillo tuo & Sigillis eorum qui Electioni illae interfuerint, nobis in Cancellariam nostram ad dictum d••em & locum certifices, indilate remittens nobis alte∣ram partem Indenturarum prae∣dictarum praesentibus consutam una cum hoc Brevi. Teste meipso apud Westmonast—

THE King

to the Sheriff, Greeting.

Whereas by the Advice and Consent of our Council,* 1.207 for certain diffi∣cult and urgent business con∣cerning us and the State and defence of our Kingdom of England, and the English Church, we have ordained a certain Parliament of ours to be held at our City, of &c. the day, &c. next ensuing, and there to have conference,* 1.208 and to treat with the Prelates, Great Men, and Peers of our said Kingdom. We command and straitly enjoyn you,* 1.209 that making Proclamation at the next County Court after re∣ceipt of this our Writ, to be holden the day and place a∣foresaid;* 1.210 you cause two Knights girt with Swords, the most fit and discreet of the County aforesaid; and of eve∣ry City of that County two Citizens;* 1.211 and of every Bur∣rough,* 1.212 two Burgesses of the discreeter, and most sufficient,* 1.213 to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided,* 1.214 and the names of the said Knights, Citizens and Burgesses so chosen, to be in∣serted

in certain Indentures, to be then made between you and those that shall be present at such Election, whether the parties so elected be present or absent; and shall make them to come at the said day and place;* 1.215 so that the said Knights for themselves, and for the County aforesaid, and the said Citizens and Burgesses for themselves and the Commonal∣ty of the aforesaid Cities and Burroughs, may have several∣ly for them full and sufficient power to perform and to con∣sent to those things which (by the favour of God) shall there happen to be ordained by the Common Council of our said Kingdom concerning the busi∣nesses aforesaid;* 1.216 so that the business may not by any means remain undone for want of such power,* 1.217 or by reason of the improvident Ele∣ction of the aforesaid Knights, Citizens and Burgesses.* 1.218 But we will not in any case, you or any other Sheriff of our said King∣dom shall be elected.* 1.219 And at the day and the place aforesaid the said Election made in the full County Court,* 1.220 you shall cer∣tify without delay to us in our Chancery, under your Seal, and the Seals of them which shall be present at that Election, sending back unto us the other part of the Indenture afore∣said, affiled to these Presents, together with this Writ. Wit∣ness our self at Westminster—

SECT. 7. Concerning the Speaker, and the Privileges of the House of Com∣mons.

IT is not my design to treat of all things relating to the Con∣stitution,* 1.221 Laws, and Customs of the House of Com∣mons: there are several useful Books extant which are fit for the Honourable Members of the House, to consult. What I most aim at, is to shew what the Ancient Usage hath been, and how from time to time things have been refined to the Mode and State they are now in: and I hope those great Spirits that honour their Countries with their Service, will pardon one that designs nothing more than to give them a Profile of the whole Model, both in the days of our remotest Ancestors, and what it was in more Modern times, under just and undoubted Soveraigns; as also how much it was transformed when the pretended House of Commons being confederated with a suc∣cessful Army, murthered their Soveraign, voted away the House of Lords, and assumed the Title of the Supream Au∣thority of the Nation; of which last I shall treat in the next Chapter.

The Members being according to the Kings Command come to the place appointed; sometimes the Soveraign with the Lords in their Robes have rid in State to the Parliament, which is generally yet observed in Scotland and Ireland.* 1.222 How∣ever at the opening of the Parliament the King is seated on his Throne under the Canopy with his Royal Crown on his Head, the Chancellor standing something backward on his Right-hand, and the great Officers, as Lord Treasurer, Lord President of the Kings Council, Lord Privy Seal, Great Chamber∣lain, the Lord Constable, Marshal, Lord Admiral, Lord Steward and Kings Chamberlain attend on either side the State, or in their Seats with the Ensigns of their Offices, some of the No∣bles being appointed to carry the Sword and the Cap of Mainte∣nance. Three great Gilt Maces are carried,* 1.223 and all the Heralds attend in their Cloth of Gold Coats. The two Archbishops, and Bishops in their Robes sit upon Benches next the Wall on the Right-hand, and the rest of the Great Officers that stand not by the State, and all the Nobility in order upon the Bench on the Left-hand, or on the Forms that stand in the middle, where also sit the Judges, Master of the Rolls, Secretaries of State, twelve Masters of Chancery, Atturney General, Solici∣tor General, and Clerk of the Crown, and the other Clerks Assistants; which it is not my business exactly to describe.

The King being Seated, when it's his pleasure,* 1.224 the House of Commons are sent for, who standing bare at the Lords Bar, attend the King's Speech, and the Chancellor's; and then have leave to chuse their Speaker, whom commonly some of

the Members of the House that are of the King's Privy-Coun∣cil, propose; and if any one oppose it,(u) 1.225 he is to name another. But I shall refer the curious to Mr. Elsyng, and others that treat of this at large.

Sir Edward Coke(w) 1.226 saith, That though the Commons are to chuse their Speaker, yet seeing that after their choice, the King may refuse him, for avoiding expence of time, and con∣testating about it, the use is (as in the Conge de eslier of a Bi∣shop) that the King (by some of his Privy-Council) (as in this present Parliament was done by the Earl of Middleton, on of his Majesty's Principal Secretaries) doth name a discreet and learned Man, whom the Commons elect; for without their Election no Speaker can be appointed for them, because he is their Mouth, and trusted by them, and so necessary, as the House of Commons cannot sit without him: So that if he be totally disabled by grievous Sickness, another must be cho∣sen in his place, as he instanceth in Sir John Cheney, 1 H. 4. and Sir John Tirrel,* 1.227 15 H. 6. But whereas(x) 1.228 he affirms, that in antient time the two Houses sate together, and the surest mark of the time of the division of them was, when the House of Commons had a continual Speaker: Mr. Prynne(y) 1.229 in his Animadversions hath made the contrary very clear by several Records, wherein it's expresly said, they consulted apart; as particularly in 6 E. 3.(z) 1.230 at York, the Prelates, Earls, Barons, and great Men by themselves, and the Knights of the Counties, and the People of the Commons by themselves, treated of the Business propounded to them. Another(a) 1.231 saith, That if Sir Ed∣ward means the Lords and Commons did sit and vote together in one Body, few will believe it; because the Commons never were wont to lose, or forgo any of their Liberties or Privi∣ledges: and for them to stand now bare, where they were u∣sed to sit and vote, (upon this Supposal) is an alteration not imaginable to be indured by them: and when we consider the sole Power of Judicature in the Lords, and who the Burgesses were in old times, it still makes it more improbable, and it is to me a very remarkable thing, that neither in History or Re∣cord, any thing is to be found that will clear this doubt. How∣ever it is certain that(b) 1.232 50, and 51 E. 3. the Commons had a Speaker, and Sir Edward Coke(c) 1.233 saith, that the accustom∣ed(d) 1.234 place of that thrice worthy Assembly of the Knights, Citi∣zens and Burgesses of Parliament (when held in Westminster) was in the Chapter-house of the Abbat of Westminster, and it continued so till the Statute of 1 Ed. 6. c. 14. which gave the King Colleges, free Chappels, &c. whereby the King enjoyed the beautiful free Chappel of St. Stephen, founded by King Stephen, (which had Lands and Revenues of the old yearly value of 1089 Pound, ten Shillings five Pence) since which time the Chappel thereof hath served for the House of Com∣mons, when Parliaments have been held at Westminster.

As Sir Edward Coke (because he believed the two Houses sate together) will not allow them to have had a Speaker before 50 E. 3. so on the other hand Mr.(e) 1.235 Elsyng saith, That the Commons ever had a Speaker, none will doubt, for their Consultation apart from the Lords; though, he thinks, they of∣ten met, and did sit together in one Room, and then a Speaker was necessary to avoid Confusion of Speech and Argument. But he brings no better Argument for it(f) 1.236 than that Petrus de Mountfort,(g) 1.237 44 H. 3. signed the Letter to Pope Alexander, touching the recalling of Adomar elect Bishop of Winchester from Banishment: Wherein they say, if the King, and the Reg∣ni Majores hoc volent, Communitas tam••n ipsius, in Angliam jam nul∣latenus sustineret: and this was sealed by all the Lords, and by Peter de Mountford vice totius Communitatis; which, he saith, sheweth plainly they had a Speaker.

In answer to which, I suppose it a great mistake to say that Petrus de Mountfort signed the Letter vice Communitatis (which either ignorantly, or willfully, is Printed in Mr. Elsyng, Comita∣tus) for(h) 1.238 Matthew Paris, who relates the whole Story, saith it was signed by ten Persons, who were all great Barons, vice totius Communitatis, and the Preface of the Letter shews it was Communitas Comitum, Procerum, Magnatum, aliorum{que} Regni Angliae: and this aliorum can mean only the Milites, which held by Military Service of the great Barons, and the lesser Tenents in Capite, which were no Representatives of the Com∣mons, as our Knights, Citizens, and Burgesses at this day are; and the Inscription of the Popes Letter shews, who he understood this Communitas to be, when he superscribes it dilectis Filiis Nobilibus viris, Consiliariis clarissimi in Christo Filii nostri illustris Regis Angliae, ac caeteris Proceribus & Magnatibus Regni Angliae.

Now the Persons that subscribed this, are thus ranked by Matthew Paris, R. de Clare, Gloverniae & Herefordiae, S. de Monte∣forti Legriae, E. Bigod Marescallus Angliae, H. de Bohun Hertfor∣diae, & Essex, W. Albemarle, J. de Placeto Warewici Comitis, H. Bigod Justiciarius Angliae, P. de Sabaudia, J. Filius Gal∣fridi, Jacobus de Audel, & Petrus de Monteforti, vice totius Com∣munitatis praesentibus Literis sigilla nostra apposuimus in Testimonium praedictorum. So that it is plain it was not Peter de Montefort that signed vice Communitatis, but they all did it, and he was a great Baron himself, the Head of whose Barony was Belde∣sent Castle in Warwickshire.

I think it not amiss here to offer my Opinion concerning this Question, and the great Controversie betwixt Dr.* 1.239 Brady and Mr. Petyt, and those that are so earnest to find the Com∣mons summoned to Parliament before the 49 H. 3. be∣fore King John granted his Charter (wherein he grants that he will cause to be summoned the Archbishops, Bishops, Abbats, Earls and greater Barons of his Kingdom singly by his Letters, and besides(i) 1.240 will cause to be summoned in general by his

Sheriffs,* 1.241 and Bayliffs, all others which hold of him in Capite at a certain day) there is no doubt but the Tenents in Capite (such of them at least as were eminent for Parts, or as the King plea∣sed) were summoned to the great Councils; and it being in that Charter said, that the cause of the Meeting should be expressed in the Summons, and that Forty days warning should be given; and in the same Charter, that the City of London should have all its ancient Liberties and free Customs, and that all other Cities, Burghs and Villa's (which was of the same import as a Free Burrough, as we find in Pontefract, which is always stiled Villa,* 1.242 and the Inhabitants Burgenses, who held a certain Land cal∣led Burgage Land) and the Barons of the Cinque Ports, and all the Ports should have all their Liberties and their Free Customs, & ad habendum commune concilium Regni de Auxiliis, &c. that is as I suppose, to have some of their Members at the great Coun∣cils, where Aids were to be granted to the King, other ways than in three cases before excepted, that is, to redeem the Kings body, to make his Eldest Son a Knight, and to marry once his Eldest Daughter; excepting which three Particulars (reserved before) in his Charter, he had granted that no Scutage nor Aid should be laid on his Kingdom unless by the Common Council of his Kingdom.

From whence I think may be inferred, that such Cities, Burroughs and Villa's, which held in Capite, or the Lord that was principal owner of them, by his Praepositus Ballivus, or some that held immediately under him, and so some for the Dominicae Civitates & Burgi Regis, might be summoned, with the lesser Barons, or the other Tenents inc Capite. But this doth not prove them to come by way of Representatives, nor that they had any more Power than the Knights, Citizens, and Burgesses had in after-times, which (as I have made it apparent by the several expressions in the Summons) was only to hear, and assent to what the King and Magnates ordained.

Since there are now extant no Summons in King John's time, or before the 49 H. 3. (except some few that are about the Tenents in Capite aiding the King in his Wars) the subsequent Practices are the best Expounders of ancient Usages.

Upon the whole I do judge, that before King John's Char∣ter, there were many of the Tenents in Capite summoned to the great Councils, but so as the King had his liberty to summon whom he pleased; and that some from Cities, Burghs, Villa's and other Ports did come to the great Council, but still at the Kings pleasure, and that in King John's time, the body of the Kingdom siding with the Lords (that so often rebelled against him) the Lords thinking to make their Party stronger, got the Clause for other Tenents in Capite to be summoned by general Summons.* 1.243

Now whatever number were convened, before King John's Charter, this general Summons must greatly encrease the House of Commons, as I may call it; and there needs no such strife

about the want of Freemen in these Councils; for after this Charter all who were properly Freemen, were capable, the other were generally Tenents to them, and Homagers, (which was a Tenure that though it might free their Persons, yet their Lands were obnoxious to forfeiture upon every breach of Ho∣mage; and their Lords had the power of taxing them) so that in some sense they were their Tenents Representatives: and as long as they were Freeholders themselves, and were a more numerous body (if they all appeared, as for any thing I see they might do, if not hindred by Impotence, Nonage, or the Kings service) they far exceeded the number of Representatives in the Reigns of King H. 3. E. 1. and E. 2. So that it amounts to the same thing, as to the general Freedom of the Nation, when all these were Members of the Great Councils,* 1.244 whether the common Freeholder were represented or not, as now (which Dr. Brady hath so nervously confuted every where in his Intro∣duction, that they were not) that I think the Freedom Mr. Petyt, Mr. Pen, and others make so great a coyl about, no ways im∣paired by Dr. Brady; who like a judicious Person, would have us use propriety of Speech, and rather be thankful for the Freedom we now enjoy, and our Ancestors have from time to time obtained, by the grant of Kings, than to make such Claims to native Freedoms and Liberties (as Mr. Pen would have it, that our Ancestors contended for) as if their Ance∣stors had enjoyed them before we had any Kings, and stipula∣ted with their Kings for them, before they admitted them to Soveraignty; which no considering person that will impartially read ancient History, either of our Country or others, can find any certain footsteps of.

To return now to the business (which the foregoing obser∣vation gives some light to) I conceive as the Thegns (the Kings Prepositi and Reeves,* 1.245 by reason of their Imployments about the Kings Demesn Lands, governing of Burroughs, Stewards of Hundreds, Wapentakes, and men employed in other civil Affairs of the Kingdom) did meet in the Saxon Councils: so from Cities and Burroughs, where great Lords had Fees (as most, if not all of them may be easily proved to have been held immediately of the King, or of some of the very great Barons) there might come before King John's time, some Mem∣bers to the great Council, being in the Charter, to my judgment, reckoned as one of their Franchises, or rather something ex∣ceeding their municipal Liberties and Free Customs, being coupled to them with an and to have a Priviledge to have some of them Members of the great Council of the Kingdom;* 1.246 for so I think the words & ad habendum commune Concilium Regni de Auxiliis must be understood: But then when it is re∣stricted there with de Auxiliis only; it may very well give a ground to their opinion that think the principal use was to pro∣portion the Aid or Tax, and assent to what the King, the Bishops, Abbats, Priors, Earls, Barons and Peers did ordain.

However this was,* 1.247 it seems clear to me, that this numerous bo∣dy of so different an Order from the Barons majores, must have a distinct Place for consulting apart, and must select Committees to transact with the King and Lords, and must for order sake ap∣point some to speak for them, what they petitioned for or as∣sented to, and could not constantly sit with the Prelates and Lords; and do rather believe that the Prelates had one place where they sate, and the Barons another, and these Tenents in Capite a third, at least for their usual Consultations among their own Order, and met in the public place when there was occasion, or might have access by Committees: which cer∣tainly was the practice in after-times, as appears in that Par∣liament of 6 E. 3.(k) 1.248 the morrow after the Nativity of our Lady, the King requiring the advice of his Parliament, touch∣ing his French Affairs, and Voyage thither. It is said they thereupon treated and deliberated, that is to say, the Prelates by themselves, and the said Earls, Barons and other great men by themselves, and also the Knights of the Counties by themselves, and then gave their advice. From whence by the way we may observe the true ground of calling our Parliament Houses, without the King, the three Estates.

Having dispatched this, I come now to consider the Speakers of the House of Commons. Hackwel(l) 1.249 and Elsyng name the first that is found upon Record, to be Sir William Trussel 13 E. 3. Num. 9. where it is said, Les Chivalers des Countes & les Commons responde∣rent per Monsieur William Trussel, but the Record names him not Speaker, however he performed that Office then. Hackwel names Scroope before him 6 E. 3. and Sir Peter de la Mare after him; but the first that Mr. Elsyng or Mr. Prynne(m) 1.250 finds upon Re∣cord, and by the name of Speaker, is Sir Thomas Hungerford, 51 E. 3. for it is said that the last day of the Parliament, he de∣clared, that during the Parliament he had generally moved the King to pardon all such as were in the last Parliament unjustly convicted: which imports that this was a Petition of the Com∣mons, presented by him their Speaker.

Anno 1 R. 2. Sir Peter de la Mare, being Speaker, made his Pro∣testation, that what he had to say, was from the whole House, therefore required if he should speak any thing haply without their consents, that the same ought to be amended before his de∣parture from the said place.

The first Petition we meet with, that a Speaker(n) 1.251 made to the King from the Commons, was 2 R. 2. by Sir James Picke∣ring their Speaker, that if he should speak any thing that haply might be ill taken, it might be as nothing, so as the Commons might at any time amend the same, and the like he petitioned for himself: which is the first Petition as to Liberty of Speech, we meet with.

The first Speaker presented to the King in full(o) 1.252 Parlia∣ment by the Commons, 20 Ric. 2. was Sir John Bushey the King's great Favourite. In this Parliament the Houses sate together

in a long(p) 1.253 House built of Timber in the Palace-Yard, at the Impeachment of the Duke of Gloucester, the Earls of Arun∣del and Warwick. Sir Arnold Savage was Speaker, 2 H. 4. who is the first upon Record that the Commons were required by the King to chuse as Speaker; and he was again in 5 H. 4. who desired the King in the name of the Commons, that they might freely make complaint of any thing amiss in Government; which was yielded to by the King.

Anno 7 H. 4. Sir John Tiptost was chosen Speaker, who de∣sired to be discharged, because of his Youth; but he was al∣lowed: he forgot to make the usual Protestation, but came up the next day, and made it with this Addition,(q) 1.254 That if any Writing were delivered by the Commons in this Parliament, and they should desire to have it again to amend any thing there∣in, it might be restored to them; which was granted. While he was Speaker, he Signed and Sealed the Deeds of the entailing of the Crown on H. 4.(r) 1.255 with these words, Nomine totius Communitatis. He was a Person of extraordinary Parts, Son of John Lord Tiptost, and for all the Apology for his young Age, he was within three Years after made Lord Treasurer of Eng∣gland, and by H. 6. made Marquess of Worcester.

Anno 1 H. 5. William Sturton Esquire, was chosen Speaker, who without the assent of his Companions, did agree before the King to deliver in Parliament certain Articles; but three days after the Commons sent Sir John Doreword(r) 1.256 with seve∣ral of their Members to the House of Lords, to declare to the King, that their Speaker had no Authority from them to yield thereto, and the King was pleased to accept of it.

There are three Petitions the approved Speaker makes to the King: First, That the Commons may have freedom of Speech, as of(s) 1.257 right and custom they have had, and all their anci∣ent and just Privileges and Liberties allowed them. In Sir Tho∣mas Moor's Speech 14 H. 8. it was thus worded, That if in com∣munication and reasoning, any man in the Commons House, should speak more largely than of duty they ought to do, that all such offences should be pardoned, and to be entred upon Record; which was granted: only I find that H. 4.(t) 1.258 said that the hoped, or doubted not, that the Members of Parlia∣ment would not speak any unfitting thing, or abuse this Free∣dom and Privilege.

The second is,* 1.259 That if he shall commit any Error in any thing he shall deliver in the name of the Commons, no fault may be im∣puted to the Commons, and that he may resort again to them, for Declaration of his good Intent, and that his Error may be pardoned. The third is, That as often as necessity for his Maje∣sties Service, and the good of the Common-wealth shall require, he may by direction of the House of Commons have access to His Majesty.

SECT. 8. Of Priviledges of the House of Commons concerning Liberty of Speech.

HAving thus brought this Honourable Assembly together, and their Speaker placed in his Chair, I shall touch something of their Privileges, which since the days of Sir Edward Coke, and much by his Influence, have been enlarged beyond what was used in antient times. I shall begin with that of Freedom of Speech in their Debates.

It cannot be conceived in so great a Body as the House of Commons,* 1.260 that what is proposed by one, and seconded by o∣thers, shall not admit of Debate: Though all may aim at the same end, the good of the King and People; yet they may differ in the ways and methods of attaining it, and whoever would straighten a crooked Rod, must bend it as far on the contrary side. I doubt not but the nemine contradicente was put into the Printed Votes, when Mr. Williams had the Chair, rather ad faciendum populum, than that there was such an Har∣monious Concurrence, as then was blazed abroad.

Anno 4(u) 1.261 H. 8. An Act was made concerning Richard Strowde, Esquire, which declareth that all Suits, Accusements, Condemnations, &c. to be put or had upon any Member of that or succeeding Parliaments, for any Bill, speaking, reasoning, or declaring of any matter or matters concerning the Parliament, to be communed or treated of, be utterly void and of none effect. This by(w) 1.262 the Lords, 11 Decemb. 1667. was decla∣red a d••claratory Law of the antient and necessary Rights and Priviledges of Parliament, and so the Judgment against Denzil, late Lord Hollis, was nulled, and against others in King Charles the First's time.

Yet it is manifest that Queen Elizabeth in two Cases shewed how far, even motions in Parliament, contrary to her Laws, Prero∣gative, and Pleasure expressed, were to be treated. The(x) 1.263 first was a motion by Mr. Paul Wentworth, 23 Eliz. for a publick set Fast, and for a Preaching every Morning at Seven of the Clock, before the House sate, and the Preachers to be ap∣pointed by the Privy-Council that were of the House; but the Queen sent them a Message by the Vice-Chamberlain, that she had in great admiration, the rashness of the House, in com∣mitting such an apparent contempt of her express Command, and to put in Execution such an Innovation, without her Pri∣vity and Pleasure first known; so that by Mr. Vice-Chamberlain they sent their Submission to her. Anno 35 Eliz. Mr. Peter Wentworth, and Sir Henry Bromley delivered a Petition to the Lord-Keeper, desiring the Lords of the upper House to be sup∣pliants with them of the lower House to her Majesty, for en∣tailing the Succession of the Crown, whereof a Bill was ready

drawn by them. The Queen was highly displeased, as being against her express Order, and charged the Lords of her Council to call the parties before them, and Mr. Wentworth was by them committed to the Tower, and others, with Sir Hen. Bromley to the Fleet; the Parliament then sitting: and when Mr. Wroth moved, That the House might be humble Sui∣tors to the Queen for their Liberty, it was answered by the Privy Counsellors in the House, that the causes of Commitment were best known to her self, and the House must not call the Queen to account for what she doth of her Royal Authority; for her Majesty liked no such Questions, neither did it become the House to search into those matters. So Mr.* 1.264 Morrice Attur∣ney of the Court of Wards, was taken out of the House, Feb. 28. and committed to Prison, for delivering in a Bill a∣gainst the abuses of the Bishops; the Queen sending for Sir Edward Coke then Speaker, and charging him upon his Allege∣ance, if any such Bill were exhibited, not to read it.

At another time, long before this, she told the Speaker, and the body of the House of Commons, moving her to Marriage, That if it had been with limitation of place, or person, she must needs have misliked it, and thought it a great presumpti∣on in those to take it upon them to bind and limit, whose du∣ty it was to Obey.

King Charles the First was very infortunate to have so many Firebrands in some, if not all, of his Parliaments;* 1.265 which if the rest of the Houses had been pleased to have extinguished by timely and nipping reprehensions, we had never seen the Government of Church and State so reduced into Ashes, that there was nothing remained of the beautiful Pile. In some of his Speeches he calls those evil Members, Vipers; but it was his misfortune to anger and exasperate them rather than suppress them; so that at last, they stung him to Death. It is a very ill condition, when a Prince hath such Wolves by the Ears, that he is in danger whether he hold them or let them go. The At∣tacque upon the five Members, and letting fall the pursuit, was one of the false thrusts that left him unguarded.

In the Close of one of the Parliaments of Queen Eliza∣beth, the(y) 1.266 Chancellor tells them, There be certain of the House of Commons (though not many) who have shewed themselves Audacious, Arrogant and Presumptuous, calling her Majesties Grants, and Prerogatives into question, contrary to the express admonition given in her Majesties name in the be∣ginning of the Parliament, which it might very well have be∣come them to have regard to; but her Majesty saith, That see∣ing they thus willfully forget themselves, they are otherwise to be remembred.

Indeed there seems good reason, that such, who make ad∣vantage of their being Members of Parliament, to sow their Seditious Discourses; and under the Protection of being Mem∣bers, take the boldness to calumniate the Government, and

raise Jealousies betwixt the King and his People, to alienate their Affections, and Allegeance from him, after the expiration of their Protection (if the House will not call them to an ac∣count) should not only lose the Favour of their Prince, but should be punished for Sedition as far as by Law is allowed, as well as they are liable to other proceedings in Law.

It becomes therefore all lovers of the excellent Constituti∣on of Parliaments to be very wary in this point, lest, as Mr. Justice Hutton said in another Case, Things being carried disa∣strously by some Members Ambition, may bring such a distast against the course of Parliaments, as we, and all that love the Commonwealth, have just cause to be sorry for it.

SECT. 9. Of the Privilege from Arrests.

ALthough the Speakers formerly petitioned only, That all their Ancient, and Just Privileges, and Liberties be al∣lowed them; yet we(z) 1.267 find that Sir Tho. Gargrave, Sir Tho. Richardson, Sir Thomas Crew, Sir Heneage Finch, and all later Speakers have expressed this Privilege particularly, that for better attending the Publick and Importunate Service of the House, themselves, and their necessary Attendants, may be free both in Person and Goods from all Arrests and trouble, according to our Ancient Priviledges and Immunities, which Sir Tho. Gargrave 1 Eliz. is said first to make the first of any.

This indeed is one of the ancientest Privileges the House of Commons may claim, and Mr. Prynne labours to prove it the only Privilege properly so to be called, and Sir Edward(a) 1.268 Coke mentions no other.

The first thing that appears upon Record, is, the Petition of(b) 1.269 the Master of the Temple, in which he desires, Quod habeat licentiam distringendi tempore Parliamenti; to which the King an∣swers thus, Non videtur honestum quod Rex concedat quod illi de Con∣cilio suo distringantur tempore Parliamenti, set alio tempore distrin∣gat per hostia & fenestras, ut moris est; that is, The Master petitions, that he may have power to distrein for Rent in time of Parlia∣ment; to which the King answers, That it seems not honest, that the King should grant, that they of his Council should be distrained in time of Parliament, but that he may distrain at another time by the Door and Windows, as the Custom was.

Mr.(c) 1.270 Prynne in his Fourth Part of his brief Register would have the Privilege to be Personal, and so to necessary Servants attending, and but to take place the first day he is a Member, after he hath taken the Oath, and not to extend to Chancery Suits, and I know not how many diminutions of this Privi∣lege; so I shall only recommend the Inquisitive Reader to his

Collections, and for the full enumeration of all Cases that have been determined by the House of Commons, to(d) 1.271 Mr. Hackwel, who hath collected all Modern Precedents; it being a Book very useful to understand the modern usage of the House of Commons in passing Bills, and other necessary points, that such as are not versed in the practice of, may find very beneficial to them; and shall add upon this Head, the Summa∣ry of King Edward the Second's Writ to the Sheriff of York∣shire, to take Pledges of Walter Fleming of York, and three others, to appear the next Easter Term, to show why they Ar∣rested the Prior Malton, returning from the Parliament at Lin∣coln to his Priory,* 1.272 whenas the King ought to protect and de∣fend the Members of Parliament in their coming to, staying there, and returning from the Parliament; the words are, Cum ad Parliamenta in quibus tam nostri, quam Regni nostri ne∣gotia debent pertractari, Praelatos, Comites, Barones, & alios tam Clericos quam Laicos, per quorum industriam super negotio hujusmo∣di, Consilium salubrius poterit adhiberi, ad mandata nostra vocatos, & comparentes, in veniendo ad eadem Parliamenta, ibidem mo∣rando, & exinde redeundo, ab omnimodis inju••iis, oppressionibus & gravaminibus nos oportet protegere & tueri.* 1.273

This Privilege seems to be grounded upon King(e) 1.274 Edward the Confessor's Laws, properly applicable to Liberty, to attend Divine Worship, Synods, and Chapter-meetings: the words are, Si quispiam devote ad celebrationem Sancti, pacem habeat eun∣do, subsistendo, redeundo, item omnibus ad Ecclesiam causa Orationis euntibus, pax in eundo, & redeundo sit eis; similiter ad Synodum, ad Capitula venientibus. The curious may see more in the Leges Saxonicae, Sect. 9. and in Frederick(f) 1.275 Lindebrogus.

It is to be noted, that this, as all other Privileges, in from the Kings Grant,* 1.276 as Dyer is express in his Argument on this Case, That the person of every such Member ought to be pri∣vileged from Arrest at the Suit of any private Person during the time that he is busied about the Affairs of the King and the Realm; and this(g) 1.277 Privilege is always granted by the King to his Commons at the Request of the Speaker of Par∣liament the first day; and those that had the benefit of this Privilege, obtained it by a Writ of Privilege issuing out of Chancery; but of late, it is done by the Houses verbal Order, Serjeant or Mace, without any Writ of Privilege, Habeas Cor∣pus, previous complaint, Petition to, or Order from the King and Lords, as in former times; against which usage Mr. Prynne makes loud Complaints.

The first Precedent Mr. Prynne or others can discover, being that of Mr. Ferrers recited at large in(h) 1.278 Holingshed, which in short is this: Mr. George Ferrers being the Kings Servant and Bur∣gess for Plymouth, was Arrested by a Process out of the Kings Bench, carried to the Counter: Byorder of the House the Serjeant of the Parliament was sent to demand delivery, but was force∣ably resisted, and the Crown of the Mace of Arms was beaten

off in defending the Serjeant. This being declared to the House (of whom there were not a few, as well of the Kings Privy Council, as also of his Privy Chamber) they would sit no longer without their Burgess, but retired to the Upper House, where the whole Case was declared by Sir Thomas Moile their Speaker, before Sir Thomas Audley Lord Chancellor; and all the Lords and Judges there assembled, judging the contempt to be very great, referred the punishment thereof to the Or∣der of the Commons House. The Lord Chancellor offered to grant them a Writ to the Sheriffs of London to require de∣livery; which the House refused, being clear in opinion, that all Commandments, and other Acts proceeding from the nether House were to be done and executed by their Serjeant, without Writ, only by shew of his Mace which was his War∣rant.

The House applying it self to the Lords, (who were, saith Mr. Prynne,(i) 1.279 the ancient proper Judges of the Vio∣lations and Violators of the Commons Privileges) was the right Parliamentary way for their Members Release; and if they had applied themselves to them at first, they had pre∣vented all Affronts to(k) 1.280 themselves and Officers, and met with no opposition. And Mr. Prynne humbly apprehends that this Precedent will not warrant an absolute Jurisdiction in the House of Commons without any antecedent Complaint or(l) 1.281 Petition to the King or Lords in Parliament, to punish any breach of their Members Privileges, not first complained of to,* 1.282 and adjudged by the King or Lords to be an actual breach, or referred to themselves by the Lords or King, to punish, or without their subsequent Ratification; or that it will justifie the Enlargement of any of their Members or me∣nial Servants out of Execution by their Mace alone, without an Habeas Corpus, Writ of Privilege, or special Act of Parli∣ament, or matter of Record for the Sheriff or Officers Indem∣nity against Actions of Escape, or for the Plaintiffs relief to recover his Debt by a second Execution: for the proof of all this I must refer the inquisitive Reader to Mr. Prynne's(m) 1.283 Fourth Part of his Brief Register, wherein he hath largely ex∣amined most of the then claimed Privileges of the House of Commons, and disallows of them, when not judged by the King and Lords. In which Controversie I shall not presume to write any thing, because it will be more pleasant and satis∣factory to have recourse to himself.

SECT. 10. Concerning Regulating Elections.

THE first thing I find concerning new Elections, in the place of Absents and Defaulters, is in the 5 E. 2.* 1.284 as I have touched before; divers Knights, Citizens and Burgesses departing from the Parliament, the King thereupon issued out Writs to several Sheriffs, to summon them to return to the Par∣liament,* 1.285 or to chuse other fit persons in their places, if they can∣not be at leisure to come up.

The Commons in this Age medled not with the re-summon∣ing, or causing new ones to be Elected, in the rooms of those that could not come.

I have before instanced in several Summons,* 1.286 wherein the Kings ordain the Sheriffs to re-summon the Members of for∣mer Parliaments, or others, for those who were dead, or un∣able, and sometimes but one of those: By which it appears, that in those days the King solely Authorized new Elections, where any were dead or disabled.

The first Petition against an undue Election,* 1.287 that I have met with, is Anno 7 R. 2. from the Mayor, Bailiffs, and Commons of Shaftsbury: To our thrice Excellent and thrice Gracious Lord, our Lord the King, and the thrice noble Lords, and sage Commons of this present Parliament, That whereas they had chosen Walter Henly, and Thomas Steward, the Sheriff of Dorsetshire, for the last had returned Thomas Camel, to the great dammage of our Lord the King, and contrary to the Will of the Mayor, &c. So that here the Complaint is to the King, the Lords, and Commons jointly, and the name of this Camel is not endorsed returned in the Writ, but the other two.

In all the Statutes made for regulating Elections, they run,* 1.288 The King willeth and commandeth, 5 Ric. 2. c. 4. Our Lord the King at the grievous complaint of the Commons, hath ordain∣ed, 7 H. 4. c. 15. and so, Our Lord the King ordained, 11 H. 4. c. 1.5 H. 5. and such like in all the Statutes to 8 H. 6.

So in the Statute, 5 R. 2. Par. 2. c. 4. All Persons which shall from henceforth receive the Summons of Parliament,* 1.289 and come not at the said Summons (except he may reasonably and honestly excuse himself to our Soveraign Lord the King) shall be amerced, and otherwise punished, as of old time, &c. So that here the Excuse is to be made to the King; so that it was not then in use for the Commons to fine and tax their Members.

In the Parliament holden at Westminster, 5 H. 4.* 1.290 because .the Writ of Summons of Parliament, returned by the Sheriff of Rutland, was not sufficiently or duly returned, as the Com∣mons conceived, the said Commons prayed our Lord the King,* 1.291 and the Lords in Parliament, that this matter may be duly exami∣ned in Parliament, &c. Whereupon our Lord the King in full Par∣liament

commanded the Lords in Parliament to examine the said matter, and to do thereupon as to them should seem best in their Discretions. So the Lords called before them the She∣riffs, and Parties, and it was agreed by the said Lords, that the Sheriff should amend his Return, and the Sheriff for his default should be discharged of his Office, and committed Prisoner to the Fleet, and make Fine and Ransom at the King's pleasure.

Upon this and other Precedents Mr.* 1.292 Prynne saith, That no Sta∣tute doth give the Commons House the least Power or Authori∣ty to judg or determine the Legality or Illegality of any Electi∣ons, but leaves this to the King and Lords to redress, as at first before their making, and gives the Knights duly chosen, but not returned, a hundred Pound Damages against the Sheriffs, and Citizens and Burgesses forty Pound against Mayors and Bailiffs, who make false Returns, by way of Action of Debt in the Kings Courts at Westminster, or in the Star-Chamber, when in being, or before the King, Lords, and Council, as in Bron∣ker's case,* 1.293 Trin. 1 Eliz. not in the Commons House, as the Statutes and Precedents in the Law-Books resolve. So that he saith, how the Commons are now become sole Judges of all false Returns, and Elections, and that perlegem & consuetudi∣nem Parliamenti, against all these Acts and Precedents, let Sir Edward Coke and others resolve him, and the Intelligent when they are able; for late and arbitrary Priviledges are of no value, but ancient usage, and Law of our Parliaments, and solid Reason, which cannot be produced to justify these late Innovations and Extravagances.

The Statute of 8 H. 6.* 1.294 to prevent Tumults, Uproars, and Disorders in the Elections, is grounded upon a Petition from the Commons, that the King by advice and assent of the Lords Spiritual and Temporal, would seclude all but Free∣holders of forty Shillings a Year Lands above all Reprizals: which was more than forty Pound a Year now, being the twentieth part of a Knights Fee.

In 18 H. 6.* 1.295 it was shewed to the King and the Lords Spiri∣tual and Temporal, That Gilbert Hore, Sheriff of the County of Cambridge, made no Return of Knights upon the King's Writ: Whereupon the King, by Advice and Assent of the Lord Spiritual and Temporal, ordered a new Writ. So that then there were no other but the King that had the Power to cause new Elections, with Advice and Consent of the Lords; and so the King issued out new Writs.

Anno 29 H. 6. Nicholas Stynecle Knight, Richard Bevel, &c. and other notable Esquires, Gentlemen, and other Men holding Fees, who may expend 40 s. per Annum, beyond Reprizes, chose Robert Stonham and John Stynecle, notable Esquires.

To this is annexed a Petition to the King our Gracious and Sovereign Lord,* 1.296 signed by 140 Gentlemen and Freeholders, in behalf of those against one Henry Gimber, who was not of Gentile Birth, chosen by the number of 70. and the Under-Sheriff

countenanced him and his Party, and would not suffer these 140 to be examined about their Estates, and give Voice, thoue he might clearly yarely expend 20 Mark, without that we should have offended the Peace of Yow, our most doutye Soveraign Lord, and so we departed, for dread of the said Inconveniences, that was likely to be done of Manslaughter; and what the Sheriff will return in this behalf we can have no notice. For which Causes, we your true humble Suggets and Liegemen, in our most lowly Wise, beseeching you our most douty Sovereign Lord and King, these Premisses may be considered for Your most Aid, and our Freedom; that the said Sheriff may be by Your great Highness streightly charged to return the said Robert Stoneham, &c. Thus far the Petition.

From this memorable Petition Mr. Prynne makes many obser∣vations; the principal of which are, that the King himself was to redress and rectify all false and undue Returns. Secondly, That this is the only clear Declaration and Record, he hath met with, complaining against a Sheriff giving of an Oath,* 1.297 and Poll to some Freeholders, and denying it to others. Thirdly, That when legal Electors cannot be sworn or polled, without breach of the Peace, or Manslaughter; they may justly de∣part, and ought to make such a complaint and declaration, under their hands and Seals. Fourthly, That Ignoble persons, who are not of Gentile birth, ought not to be elected Knights of Shires. Whoever desires to peruse more concerning the an∣cient usage in Elections, may peruse Mr. Prynne's Plea for the Lords, from page 371. to 416. his Second Part of Brief Register, p. 118, 119, 139, 140. and several other places.

I shall only add what Queen Eliz.* 1.298 18 Regni said in this case, That she was sorry the Commons medled with chusing and returning Knights of the Shire for Norfolk (it is to be presumed, the like she might have said of any other County, if there had been occasion) a thing impertinent for the House to deal with, and only belonging to the Office and Charge of the Lord Chan∣cellor; from whom the Writs issue, and are returned.

Having thus given a brief account of the ancient Usage, I come to the modern way, which, according to Mr. Hackwell,* 1.299 is that a general order hath usually been made in the beginning of the Session, to Authorize the Speaker to give Warrant for new Writs, in case of Death of any Member; or of double Returns, where the Party makes his choice openly in the House, during that Session, as it was ordered in the beginning of the Parliament, 18, and 21 Jacobi primi: and where such general Order is not made, Writs have issued by Warrant of the Speak∣er, by Vertue of special Order, upon motion in the House; and this Warrant is to be directed to the Clerk of the Crown in Chancery, by order of Parliament, 13 Nov. 1601.

The Committee of Privileges, 24 March, 21 Jacobi making their Report, a question was put, Whether Sir Thomas Holland, and Sir John Corbet, were well elected Knights for Norfolk; the House were divided, and it was over-ruled by the House,

that the No's should go forth. So that now the House of Com∣mons are the sole Judges of the validity or invalidity of E∣lections; and I suppose the King and Lords, judging the House the competentest Persons to make enquiry, and being willing to be eased of the trouble of such Matters as relate only to the Members of the House of Commons, have rather by conni∣vence, than by any positive Ordinance in the House of Lords, dismissed this to the House of Commons: against which, Mr. Prynne sadly complains,* 1.300 saying, That since the Committees of Privileges have interposed in them, their Proceedings have been very irregular, and illegal, in respect all the Witnesses they examine touching them, are unsworn, and give their Testimonies without Oath, upon which they ground their Vote; and for the most part very partially, for which cause it is usual∣ly stiled the Committee of Affection.

In 35 Eliz.* 1.301 Sir Edward Coke being then Speaker, he was ordered to attend the Lord Keeper, to move his Lordship to direct a new Writ for chusing a Burgess for Southwark, instead of Richard Hutton, supposed to be unduly elected, and ano∣ther for allowing Sir George Carew, who was duly elected, but not returned to be Burgess of Gamelsford in Cornwal, and a third for changing the name of John Dudley, returned Burgess for New Town in the County of Southampton, into the name of Thomas Dudley, the Christened Name being mistaken: But the L. Keeper would allow no alteration, but in that of Dudley. Which makes some observe,* 1.302 That if the House of Commons had then known they had any Power to mend the said Returns, or punish the Offenders; or Sir Edward Coke had known it had been Law, he had never been sent on that Message. So that what Authority the House hath, it hath accrued since.

SECT. 11. Concerning the House of Commons Censuring, Imprisoning, and Expelling their own Members.

AS to the Commons Imprisoning and Punishing their own Members,* 1.303 for words by them spoken, or Misdemean∣ors committed in the House, there may be some reason for it: First,* 1.304 because by Law they are not Punishable elsewhere, for a∣ny rash, indeliberate, and inordinate Speeches in Parliament, which do not amount to Treason, Felony, or Breach of the Peace; which it is supposed none in that rightly constituted House will protect, though done in the House of Commons, begun in 1641. Secondly, It is to be supposed that the Members upon their entring into that House, unanimously agree for order sake, that the lesser number should always submit to the greater. So by such Consent and original Compact, every single Member sub∣mitting himself to the rest, he hath no such reason to complain, although they had no such Authority; for scienti & volenti non

fit Injuria; provided that they exceed not the common Rules of Justice, nor the Bounds of Established Laws: for then no private Act can bind a Subject, though made with his own free Consent, as appears in Clark's Case against the Mayor and Bur∣gesses of St. Albans.* 1.305

The first Precedent I find that any Member of the House of Commons was complained, and Petitioned against for Misde∣meanors, and put to answer before the King and Lords in Par∣liament,* 1.306 and there judged, and fined, was 16 R. 2. the Wed∣nesday after the Parliament began; when Sir Philip Courtney,* 1.307 returned one of the Knights for Devonshire, came before the King in full Parliament, and said that he understood how certain people had accused, and slandered him to the King and Lords; therefore prayed to be discharged of the said Im∣ployment, until the accusations, &c. were tryed: and because his said Prayer seemed honest to the King and the Lords, the King granted him his Request, and discharged him in full Par∣liament;* 1.308 and the Monday following, at the Instance and Pray∣er of the Commons, the King granted that he should be resto∣red, and remitted to his Place. In the Parliament, 4 H. 4. the accusations against him being re-inforced, the King and Lords adjudged, that he should be bound to his good Behavi∣our, and committed to the Tower for his Contempt.

By which, saith Mr. Prynne, it appears,* 1.309 That only the King and Lords in full Parliament can suspend or discharge any Knights or Commoners sitting in Parliament, and have Power of restoring and re-admitting a suspended Member of the Com∣mons House: and he answers the Precedents that Sir Edward Coke brings, 4 Instit. p. 23, and 3 Inst. p. 22.* 1.310 and many others which would be tedious here to insert.

The first Precedent he finds,* 1.311 that the Commons began to se∣clude one another, upon Pretence of undue Elections, and Returns, was in Queen Elizabeth's time, when Thomas Lucy, 8 Eliz. was removed out of the House for giving four Pound to the Mayor of Westbury to be chosen a Burgess, and the May∣or fined and imprisoned; and 23 Eliz. Mr. A. H••ll for publishing the Conferences of the House, and writing a Book to the dis∣honour of the House, was committed to the Tower for six Months, and fined five hundred Mark, and expelled the House; and in King Charles the First's time, this Power over their Fellow-Members was greatly improved; in which how far Mr. Prynne then concurred I know not, but after he was secluded, he every where writes with great ear∣nestness against this usage; but whether with Judgment, Law, and Reason, I shall leave others to judge, only I think fit to insert some of his Invectives against the Proceedings of that unparallell'd house of Commons.

First, he saith, There can be no legal Trial or Judgment given in Parliament, in Criminal Causes or others,* 1.312 without Examina∣tion of Witnesses upon Oath, as in all other Courts of Justice,

which the House of Commons cannot do.* 1.313 Secondly, That it is a Rule, both of Law and Justice, That no Man can be an In∣former, Prosecutor, and Judge too, of the persons prosecuted and informed against: the Commons being in the nature of the Grand Inquest,* 1.314 being summoned from all parts of the Kingdom, to present Publick Grievances, and Delinquents to the King and Peers for their Redress.* 1.315 Thirdly, That all the objected Precedents are of very puny date within time of memory, therefore unable to create a Law, or Custom of Par∣liament, or any right of sole Judicature in the House of Com∣mons. Fourthly,* 1.316 That all these Precedents were made by the Commons themselves, unfit Judges in their own Cases, much less over one another, being all of equal Authority: so that, in his opinion, they could no more expel or eject any of their Members by their own Authority, without the King and Lords concurrent consent,* 1.317 than one Justice of Peace, Com∣mitteeman, or Militia-man can unjustice, or remove another; since par in parem non habet potestatem, neither in Ecclesiastical, Civil,* 1.318 Military or Domestick Affairs. Fifthly, That they are all against Law, because coram non Judice; he having throughout the whole Discourse, endeavoured to prove, That the Com∣mons have no right or power of Judicature, much less of sole Judicature in our Parliaments, but only the King and Lords. Sixthly, That these Precedents are but few, never judicially ar∣gued, and rather connived at, than approved by the King and Lords, taken up with other more publick business; there∣fore passing sub silentio, they can make no Law or Right, as is resolved in Long, 5 E. 4. fol. 110. Cook's four Rep. fol. 93, 94. Slade's Case, and six Rep. fol. 75. Drurie's Case. Se∣venthly, In the long Parliament of King Charles the First, they began to seclude Projectors,* 1.319 Monopolists, &c. though duly elected; then suspended and ejected such who were Royalists, and adhered to the King; then they proceeded to imprison and eject those Members,* 1.320 whom the Army-Officers impeached or disliked, as a corrupt Party, or corrupt Majority: and so fifty or sixty, by the power of the Army, secured, secluded, and expelled near 400 Members; and made themselves the Com∣mons House, without them, and so proceeded to vote down, and seclude both King and House of Lords, and voted them∣selves to be the Parliament of England, and sole Legislators, and Supream Authority of the Nation. The consequences of all which are too well known to the whole Kingdom, whose Ca∣lamity of Civil War, and all the unspeakable Tragedies of it, flowed from the packing of Members in the Commons House, and the Assistance the People (relying upon their Sageness, and Authority) afforded them.* 1.321

We had of later Years a fresh revival of the same method in the House of Commons, expelling those they called Abhor∣rers: which is so well known, that I need say nothing of it; yet I would recommend to all interessed Persons, the perusal of

two Treatises, which though they pass for Pamphlets, yet have been writ by Judicious Authors, and those are, The Lawyer outlawed, and the Three parts of the Addresses, which are Books very fit for Gentlemen to peruse.

How full and unquestioned a power the Commons have to represent Grievances to the King, and petition for Redress;* 1.322 to impeach any Person of the highest Quality that is a Subject, for Treason, or high Misdemeanors; to have the sole Power in ha∣ving all Bills, for Subsidies, Aids and Supplies, to begin, and, I think, be perfected in their House; and the Privileges they peti∣tion for by their Speaker] are so well known, that they need no Discourse upon.

But I find several Judicious Persons will not allow the House of Commons to be a Court; which Sir Edward Coke affirms,* 1.323 and uses this only one Argument for it, Because it is not Prorogued or Adjourned, by the Prorogation or Adjournment of the Lords House; but the Speaker upon signification of the Kings Plea∣sure, by the Assent of the House of Commons, doth say, This Court doth Prorogue or Adjourn it self. But to this it is an∣swered,* 1.324 That if this were sufficient to denominate a Court, every Committee of Lords and Commons, though never so few in number, must upon this account be a distinct Court; be∣cause they may thus adjourn and prorogue themselves without their respective Houses. In another place,* 1.325 the same Chief Ju∣stice offers to prove the House of Commons not only a Court, but a Court of Judicature and Record; for that the Clerks Book of the House of Commons is a Record, and so decla∣red by Act of Parliament 6 H. 8. c. 16. But this House had no such Book as a Journal, much less any Authentick Re∣cord,* 1.326 before the first Year of Ed. the Sixth; all their material proceedings till then, being drawn in Minutes, by a Clerk ap∣pointed to attend them, for that purpose; and by him entred of Record in the House of Lords. Therefore the Words of the Statute are, That the Speakers Licence for Members going into the Country, be entred of Record, in the Book of the Clerk of the Parliament, appointed for the Commons House: and this Journal is rather a Register of what passeth, than such a Record as denotes a Court of Judicature, as the Author of The Lawyer outlawed endeavours to prove;* 1.327 because there is no Court but what is established by the Kings Patent, by Act of Parliament, or by the Common Law, i. e. the constant immemorial Custom of former Ages: for by that the House of Lords is the sole supream Court of Judicature; it having ne∣ver been heard of before Sir Edward Coke's fancy, That there were two distinct Courts in the same Parliament. Also there is no Court without a power of tryal; but the House of Com∣mons have no power to try any Crime or Offence, because they cannot examine upon Oath: and there can be no legal Tryal without Witnesses, nor are any Witnesses of any force in Law, unless examined upon Oath.

But I shall not enter into these Controversies,* 1.328 but shall now lay down some general Observations and Rules, which Judicious Persons have noted as worthy the consideration of the Honou∣rable House in point of their claims of Privileges and Judica∣ture.

First, King James the First in his Declaration, touching his pro∣ceedings in Parliament, 1621. resolves, That most Privileges of Parliament grew from Precedents, which rather shew a Toleration than an Inheritance: therefore he could not al∣low of the Stile; calling it their Ancient and undoubted Right and inheritance; but could rather have wished, that they had said,* 1.329 Their Privileges were derived from the Grace and permis∣sion of his Ancestors and him; and thereupon concludes, That he cannot with patience endure his Subjects to use such Anti∣monarchical Words, concerning their Liberties, except they had subjoyned, That they were granted unto them by the Grace and Favour of his Predecessors: yet he promiseth to be care∣full of whatsoever Privileges they enjoy by long Custom, and uncontrolled and lawful Precedents.

Secondly,* 1.330 It is to be considered, That by the Great Charter it is declared, That no Freeman shall be taken, or imprisoned, or diseised of his Freehold, or Liberties, or his Free Customs, or be Outlawed, or Exiled, or in any manner destroyed, but by the lawful Judgment of his Peers, or by the Law of the Land.* 1.331 So 28 E. 3. it is Enacted, That no Man, of what estate or condition he be, shall be put out of his Land, or Tenements, nor taken, nor imprisoned, nor dis-inherited, nor put to death without being brought to answer by due Process of Law. So 42 E. 3. c. 3. it is assented and accorded for the good Government of the Commons, that no Man be put to an∣swer without presentment before Justices, or matter of Re∣cord, or by due course of Law, or Writ Original, according to the Old Laws of the Land.* 1.332 So Sir Edward Coke saith, Courts which are not of Record, cannot impose a Fine, or commit any to Prison, because these only belong to Courts of Record; for which see Beecher's Case, fol. 60. 120. Bonham's Case, and lib. 11 fol. 43. Godfrey's Case: So in the First Parliament of Q. Mary it is declared, That the most Ancient Statutes of this King∣dom do give, assign, and appoint, the correction and punish∣ment of all Offenders against the Regality and Dignity of the Crown, and the Laws of this Realm, unto the King; which manifests,* 1.333 that all such things are to be tried in his Courts. So that surely the Commons Privileges must be included; for to trouble any (saith the Author of The Lawyer outlawed) that doth not offend against the Crown, or Laws of the Land, is very Illegal and Arbitrary,* 1.334 and an high breach of the Liberty of the Subject. It would therefore be considered, how im∣probable it is, that after our Ancestors have struggled for many Ages,* 1.335 to preserve themselves and posterity, from the unbound∣ed Rule of Arbitrary Pleasure; and having obtained that from

their Soveraigns, in so much, that they can neither be fined or imprisoned by their Soveraign (unless for transgressing some known Penal Law of the Land) should leave any Arbitrari∣ness in the House of Commons, who are but the Peoples ho∣nourable Deputies, Trustees, and Atturneys.

Thirdly,* 1.336 It is to be considered that the Law hath expresly provided, where and how Breaches of Privilege ought to be punished, 5 H. 4. c. 6. and 11 H. 6. c. 11. about any Assault upon a Parliament man, or his menial Servant, to be in the Kings Bench. Since therefore such Assaults are far more Criminal than Arrests of them, or words spoken against them, or inferi∣our misdemeanours (to argue a majori ad minus) it should seem rational that in the Courts of Justice (being open to redress all sorts of Illegalities) matters should be rather tryed, than that persons should be punished by Imprisonments of the House of Commons alone. For if this Arbitrariness were allowed, it would argue a great defect in our Laws, that they are not the entire Rule of the Subjects Civil Obedience; and if the ordinary Courts of Justice can try the greater, they may cer∣tainly try the lesser Crime, as they have done in the Case of Done against Welsh, River against Cosyn, Shewish against Tre∣wynnard.* 1.337 But I have sufficiently shewed before, that in old time the determination and knowledge of the Privileges did belong to the Lords.

How agreeable these ways of Proceedings were to the Usage of the House of Commons in 1640. and 1680.* 1.338 are fresh in every ones memory, when not only they ejected and imprisoned their own Members, but by Messengers sent for several Gentle∣men, and others, no Members, for acting according to the known Laws, and King's Proclamations; and often for Persons having spoke angrily or slightingly of some Member, as in the Case of Abhorrers.

It is to be hoped those very Gentlemen now wish it might be forgot, as I hope it will never be put in practice again; when, after a chargeable sending for up by the terrible Messengers, after being detained in Custody during the Pleasure of the House, and brought to receive their Sentence on their Knees at the House of Commons Bar, they were dismissed: So that I knew one who principally to avoid the Charge (his Crime be∣ing for speaking Words against a Member, in his Cups) was forced, upon notice of the Messenger's coming for him, to fly into Ireland.

Fourthly,* 1.339 It is worthy great Consideration by all the Mem∣bers of the Honourable House of Commons, that it is an un∣doubted Maxim both in Law and Reason, and is necessary to the Obligation of all positive Constitutions, That they should be published in express Words: The immediate Laws, even of God Almighty, in the Opinion of Learned Men, being not obligatory where they were never promulged. Now since it hath not been hitherto published to the People, what this Lex

& Consuetudo Parliamenti is,* 1.340 (which Sir Edward Coke saith out of Fleta, is to be enquired into of all, is understood by many, and known to few) it would not only be obliging, but most necessary, that the Honourable House would give a true and full Description of this Law and Custom of Parliament, and an exact Account of their Privileges, that People might in some measure, for the future, shun those dangerous Rocks, and not be surprized or shipwrack'd on such hidden Shelfs.

I shall close this long Chapter (wherein, according to my Talent, I have endeavoured to comprise what hath been volu∣minously treated of by all the Authors I am furnished withal, and digested things into an easie Method) with some Asserti∣ons of Mr. Prynne, whose Writings in this Particular are better esteemed than many others.

He saith,* 1.341 The Parliament being the Supremest Court of Law and Justice, ought to proceed legally, according to the Course of Law, and not to enlarge or extend the Privileges of Parlia∣ment beyond their Ancient, Just, and Legal Bounds, nor alter the Law therein by their absolute Power: Much more ought the House of Commons themselves to follow their Precedent, and not to extend their old, or vote up new Privilege, to the delay,* 1.342 retarding, or deluding of Common Right and Justice. Therefore he condemns the writing of Letters by the Speaker, 18 Jacobi 1.* 1.343 to stay a Tryal betwixt Sir William Coxe and Mr. Humphrey Aylworth; as likewise in other Cases, the same Year,* 1.344 3 March, and 20 April: which, he saith, is diametrically opposite to the Judges Oath, and against the Great Charter, which saith,* 1.345 Nulli negabimus, nulli differemus Justitiam & Re∣ctum: To which I may add the Hardship used to Mr. Sherridon,* 1.346 who being in the Custody of the Serjeant at Arms, the War∣rant of Commitment being during the Pleasure of the House of Commons,* 1.347 without any Cause shown; now the Habeas Corpus Act is express, That all Persons are Bailable, by what Person soever committed, not excepting the King and Council, much less the House of Commons, unless for Treason or Fe∣lony: One of the Judges made application to the House of Commons, to know whether he might grant the Writ of Ha∣beas Corpus to him. The Debate lasted three days, by reason of the Difficulty of the Cause: For if they openly declared against the Habeas Corpus, the Nation would be much alarm'd, and suspect these Gentlemen, instead of securing, intended to invade the Subjects Liberties; but if they allowed the Writ, the delicious Power of Imprisoning such as they had a Pique to, was utterly lost, and all Persons referred to the ordinary Courts of Justice, or, upon their failure, to the House of Lords,* 1.348 the Supreme Tribunal of England.

Sir William Jones insisted much upon the Power of the House, and that they did not intend by that Act to bind themselves, (which yet must bind the King) though it might as well be alledged, That he did not intend to bind himself by it. How∣ever,

Sir William persisted, urging,* 1.349 That whatever Reasons may be given for discharging such as are not committed for Breach of Privilege, (if grounded on the Act for the Habeas Corpus) will hold as strong for discharging of Persons for Breach of Privilege, and so consequently deprive the House of all its Pow∣er and Dignity, and so make it insignificant; and said, That was so plain and obvious, that all the Judges ought to take notice of it: and so judged it below the House to make any Resolution therein, but rather to leave the Judges to do otherwise at their peril, and let the Debate fall without any Question. But Ba∣ron Weston had the Courage to grant the Habeas Corpus,* 1.350 as ra∣ther willing to expose himself to the Displeasure of the House, than deny or delay Justice contrary to his Oath.

I could not omit this remarkable Passage, as a Specimen of the Arbitrariness of the Leading Party in that House;* 1.351 and now shall proceed to Mr. Prynne's Remarks upon the Proceedings of the long House of Commons.

He observes,* 1.352 That Privileges may be lost by the abuse of the Power; and that whatever Privilege the House hath, is from the King's Grant, or Toleration. Therefore, according to the Canonists Rule, If the Privilege granted be expressed in ge∣neral, dubious, or obscure Words, then it is in the power of him to interpret, who hath the power to grant. Now the Petition of the Speaker is, That the Commons in this Parlia∣ment may, and shall have all their Ancient and Just Privileges allowed them. Therefore the King,* 1.353 being the sole Granter of these Privileges, must be the only proper Interpreter and Judge of them, as he is of all his other Charters of Privileges, Li∣berties, Franchises, and Acts of Parliament themselves, after his Regal Assent thereto; not the Commons, or Persons to whom they are granted; and that both in and out of Parliament, by Advice of his Nobles, or Judges of the Common-Law.

Therefore he saith, first,* 1.354 That if the Commons by Petition to the King and Lords in Parliament, complain of the Breach of their ancient Privileges and Liberties, as they ever did in the Cases of Lark, Thorp, Hyde, Clerk, Atwyll, and others; the King, by Advice of his Lords in Parliament, assisted with his Judges, hath been, and (as he humbly conceives) is the sole proper Judge of them and their violations; not the Commons, who being Parties, Prosecutors, and Complainants, are no legal indifferent Judges in their own or Menial Servants cases, if they will avoid partiality, which is the reason the Law allows Chal∣lenges to Jurors in Civil and Criminal causes. Therefore he ob∣serves,* 1.355 that the House of Commons, taking Informations with∣out Oath, may be easilier abused by misinformation, and some∣times thereby are put upon over hasty Votes, which, upon find∣ing out evil Combinations, they are forced to retract.

Secondly,* 1.356 If the complaint of the breach of Privilege be made in the Commons House, and thereupon an Habeas Corpus, Writ of Privilege, or Supersedeas prayed under the great Seal,

for the Members or menial Servants release, whose Privilege is infringed; the Lord Chancellor or Keeper of the great Seal, representing the Kings person in Chancery (the Court for relief in cases of Privilege) is the properest Judge, and Examiner of the claimed Privilege, and its violations upon Oath, and other sufficient Evidence, assisted by all the Kings Judges in cases of difficulty, who thereupon will grant or deny the Writs.

Thirdly,* 1.357 When these Writs of Privilege, Supersedeas, or Habeas Corpus, are granted to any Member, or menial Servants, and directed to any of the Kings Courts to enlarge their restrained Persons, or stay any Arrests, Process or Judgments against them; the Kings own Judges in his respective Courts, to which they are directed, are then the proper Judges of the Privileges of Parliament, and of their breaches suggested in these Writs; who may examine, not only all matters of Law or Fact com∣prised in them, which are Traversable; but likewise adjudge, allow, or disallow the very Privilege it self, if no real ancient Parliamentary Privilege allowed by the Laws and Customs of the Realm.

How far he is in the right, I will not undertake to judge; but I remember, somewhere he wisheth an Act of Parliament to pass to adjust these matters: which possibly would prevent many of those chargeable attendances about false Returns, and save much expence of time in the discussing of them, and enable the Subjects to pay a right and due obedience to them.

SECT. 12. Concerning the Royal Assent to Bills.

I Have treated so much of this elsewhere, as to the sole Power in the King, the ancient Custom of Sealing the Acts with the Kings Seal, and of some of the Prelates and Nobles, as Witnesses of their Assents; that I shall only now speak as to the usual formality of passing the Bills into Acts by the Kings last Act.* 1.358 For Mr. Hackwell hath given a full account of the man∣ner how Statutes are enacted in Parliament by passing of Bills; to which Book I refer the curious Reader that would un∣derstand the order that is used in the debating and passing of them.

When Bills are passed by both Houses, upon three several Readings in either House,* 1.359 they ought for their last approbation, to have the Royal Assent, whereby every Statute is, as Mr. Hackwell observes, like Silver seven times tryed.

The Royal Assent is usually deferred to the last day of the Session: and because some have been of opinion, that the pas∣sing of Bills,* 1.360 puts an end to the Sessions, so that what ever Bills are ready, and pass not the Royal Assent, must be again read three times in either House; for the more security, it is usual to insert a Proviso, That the Session is not thereby concluded.

The Royal Assent is given two ways: First,* 1.361 by Commission since the Statute of the 33 H. 8. c. 21. wherein it is expressed, That the Kings Royal Assent by his Letters Patents under the Great Seal, Signed by his hand, and declared and notified in his absence to the Lords Spiritual and Temporal, and to the Commons Assembled in the higher House; is and ever was of as good strengh and force, as if the King had been there per∣sonally present, and assented openly and publickly to the same.

The manner of the King's giving his Publick Assent is in this manner. The King cometh in Person, in his Parliament-Robes,* 1.362 and sitteth in his State, and the Upper House sit in their Robes: The Speaker, with all the Commons House, cometh to the Bar of the Lords House; and in Sir Thomas Smith's time,* 1.363 the Chancellor for the Lords, and the Speaker for the Commons, in set Speeches, returned the Prince Thanks, for that he hath so great Care of the good Government of his People, and for calling them together to advise of such things as should be for the Reformation, Establishing, and Ornament of the Com∣monweal. After which, the Chancellor, in the Prince's Name, giveth Thanks to the Lords and Commons, for their Pains and Travel taken, which he saith the Prince will remem∣ber, and recompense when Time and Occasion shall serve; and that the Prince is ready to declare his Pleasure concerning their Proceedings, whereby the same may have perfect Life and Accomplishment by his Princely Authority.

I think now, mostly,* 1.364 the Speaker of the House of Commons makes a Speech, acquainting the King with the purport of the Bills. Then the Clerk of the Crown readeth the Title of the Bills, in such Order as they are in Consequence. After the Title of every Bill is read singly,* 1.365 the Clerk of the Parliament pronounceth the Royal Assent, according to certain Instructi∣ons given from his Majesty in that behalf.

If it be a Publick Bill to which the King assenteth, the An∣swer is, Le Roy le veult, The King willeth. If a Private Bill, allowed by the King, the Answer is, Soit fait, comme il est de∣sire, Let it be done as it is desired. And upon a Petitionary Bill the like is used.

If it be a Publick Bill (which the King forbeareth to allow) he saith, Le Roy se avisera, The King will advise.

To a Subsidy Bill the Clerk pronounceth, Le Roy remercie, ses loyaux Subjects, accepte leur Benevolence, & aussi le veult, The King thanks his Loyal Subjects, accepts their Benevolence, and also willeth.

To a general Pardon is pronounced, Les Prelates, Seigneurs, & Communs, en cest Parlement assembles, au nom de touts vous autres Subjects, remercient tres humblement vostre Majesty, & prient Dieu vous donner en sante, bone vie & longe: The Prelates, Lords, and Commons, in this Parliament assembled, in the name of all your other Subjects, thrice humbly give thanks to your Majesty,

and pray God to give you in health, a good Life, and long.

These,* 1.366 saith Sir Thomas Smith, be taken now as perfect Laws and Ordinances of the Realm of England, and none other, and as shortly as may be, are printed, except it be some Private Acts, made for the Benefit or Prejudice of some Private Man; these be only exemplified under the Seal of the Parliament.

Notes

• (a) 1.1

  Daniel, cap. 6. v. 7, 8.
• * 1.2

  Great Councils in Scripture.
• (b) 1.3

  Legem praecepit nobis Moyses haeredi∣tatem multitudinis Jacob. Erit apud rectiss••••um Rex, congregatis Prin∣cipibus populi cum Tribubus Israel. De••••. cap. 33. v. 4, 5.
• (c) 1.4

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.5

  Necessary in all Go∣vernments.
• (d) 1.6

  Vis consilii expers mole ruit sua. Horat. lib. 3. Od. 4.
• (e) 1.7

  Plato de LL. In Democracy. Male cuncta ministrat impetus. Statius.
• * 1.8

  In Aristocracy.
• * 1.9

  In Monarchy.
• (f) 1.10

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Xenoph. Cyropaed. 8. Satisfactory to the Subject.
• * 1.11

  The Prince thereby knows the Worthy Subjects.
• * 1.12

  The Prince is skreen∣ed from Obloquy.
• (g) 1.13

  —Tum caetera parit, Turba libens subit, propriis quia legi∣bus acta.
• (h) 1.14

  MS. Speech, An. 1562. The general Bene∣fits of Parliaments.
• (i) 1.15

  Lib. 3. de Repub•• p. 350.
• (k) 1.16

  Commonwealth, part 1. c. 2. p. 37.
• * 1.17

  See Prynne, part 1. Brief Register, p. 447.
• * 1.18

  Of the word Parlia∣ment.
• (a) 1.19

  Veniens coram con∣ventu, in nostro pub∣lico Parliamento, &c.
• (b) 1.20

  Convenit ad Par∣liamentum Generalis∣simum totius Regni Angliae, &c. p. 674.
• (c) 1.21

  Cl. 49 E. 3. d. 11.
• (d) 1.22

  Cl. 3 E. 1.20. dorso.
• * 1.23

  The Summons only from the King.
• (e) 1.24

  Claus. 6 Joh. m. 3. dorso. The Summons in King John's time.
• (f) 1.25

  Claus. 26 H. 3. m. 13. dorso.
• * 1.26

  These Summons for Military Aid.
• (g) 1.27

  Claus. 49 H. 3. dorso 11. in schedula. The first Summons to the Lords, when the Commons also were summoned.
• (h) 1.28

  23 E. 1. m. 9. dorso.
• (i) 1.29

  Cl. 24 E. 1. m. 4. dorso.
• * 1.30

  The commanding part of the Sum∣mons to appear.
• (k) 1.31

  Claus. 6 E. 3. m. 36. dorso.
• (l) 1.32

  Propter ardui••a∣tem negotiorum prae∣d••ctorum.
• (m) 1.33

  Fuerunt non abs∣que nostri, & Regni nostri incommodo, sae∣pius retardata.
• (n) 1.34

  Claus. 12 E. 3. part 2. m. 32. dorso. & 13 E. 3. part 2. m. 1. dorso.
• (o) 1.35

  Claus. 16 E. 3. part 1. m. 39. dorso. Scituri quod gratitu∣dinem, & ingratitudi∣n••m, quas nobis in ab∣sentia nostra jam os••en∣di contigerit, plus pon∣derabimus quam si ••••∣crant, dum praesentes essemus, & ea curabi∣mus juxta merita, seu demerita compensare.
• (p) 1.36

  Communi Regni u••ili••at••. Cl. 6 Jo. m. 33. dorso. The Causes of Sum∣moning.
• (q) 1.37

  Cl. 27 E. 1. m. 9. dorso.
• (r) 1.38

  Cl. 4 E. 3. m. 13. dorso. General Causes of Summons.
• (s) 1.39

  Cl. 22 E. 3. part 2. m. 9. dorso.
• (t) 1.40

  Cl. 31 E. 3. m. 21. dorso.
• (u) 1.41

  Cl. 3 H. 6. m. 9. dorso.
• (w) 1.42

  Cl. 22 & 23 E. 4. m. 11. dorso.
• * 1.43

  Special Causes of Summons.
• (x) 1.44

  S••otis Inimi••is, & Rebellibus nos••ris, Claus. 2. E. 2. m. 20. dorso.
• (y) 1.45

  Cl. 14 E. 3. part 2. m. 28. dorso. With the Advice of the King's Council.
• (z) 1.46

  Vestrum expedit habere consilium. Cl. 6 Jo. m. 3. dorso. What the Summo∣ned were to do.
• (a) 1.47

  Cl. 14 E. 3 par. 1. m. 33. dorso.
• (b) 1.48

  Cl. 20 E. 3. par. 2. m. 22. dorso.
• * 1.49

  Summons to the Lords Temporal like those to the Prelates, excepting in some few Parti∣culars.
• (c) 1.50

  Part 1. Bri••f Re∣gister, p. 1••2, &c.
• (d) 1.51

  Ibid. p. 160.
• (e) 1.52

  Cl. 45 H. 3. m. 3. dorso.
• * 1.53

  In Fide & Homagio vel Ligean••ia, proper to Temporal Lords.
• (f) 1.54

  Cl. 25 E. 1. m. 25. dorso.
• (g) 1.55

  Cl. 36 E. 3. m. 42. dorso.
• * 1.56

  See Prynne's Brief Register, part 1. p. 207.
• (h) 1.57

  Littleton, Cap. de Homagio, ••ect. 86.
• (i) 1.58

  Par estre tant sole∣ment le home de Dieu.
• (k) 1.59

  Post consecratio∣nem hom ••gium non fa∣ciunt, quiequid fece∣runt ante, sed tantum ••idelitat••m.
• (l) 1.60

  Brief Register, part 1. fol. 196. to 206. p. 427, 657, 663.
• * 1.61

  1. Observations up∣on the Writs to Temporal Lords. That it alone did not ennoble.
• (m) 1.62

  Claus. 7 R. 2. m. 32. dorso.
• * 1.63

  First and second•• Brief Register.
• (n) 1.64

  Claus. 27 H. 6. m. 26. dorso.
• (o) 1.65

  Prynne, part 1. Brief Register, p. 228.
• * 1.66

  2. The use of Bar•• in Writs, how rare.
• (p) 1.67

  Ibid. p. 218.
• * 1.68

  3. Title of Dominus in Writs of Sum∣mons.
• (q) 1.69

  Cl. 16 E. 3. par. 2. m. 13. dorso.
• (r) 1.70

  Cl. 11 H. 4. m. 32. dorso.
• (s) 1.71

  Cl. 4 H. 5. m. 16. dorso.
• (t) 1.72

  Cl. 22 H. 6. m. 21. dorso.
• (u) 1.73

  Cl. 49 H. 3. m. 5.
• * 1.74

  4. Title of Cheva∣lier.
• (w) 1.75

  Cl. 49 E. 3. n. 4.6. dorso. 50 E. 3. part 2. m. 6. dorso.
• * 1.76

  5. Of Councils that were not Parlia∣ments.
• (x) 1.77

  Brief Register, part 1. pag. 187. to 192.
• * 1.78

  6. The Lords Judi∣cature.
• (y) 1.79

  Annal. pars poster. p. 561. ad 566.
• (z) 1.80

  Habet enim Rex Curiam suam in Con∣cilio suo in Parlia∣mentis suis, praesenti∣bus Pralatis, Comiti∣bus, Baronibus, Pro∣ceribus, & aliis viris peritis, ubi terminatae sunt dubitationes ju∣diciorum. Lib. 2. c. 2. p. 66.
• (a) 1.81

  Ro••. Parl. 4 E. 3. m. 7. num 3. Judgment of Lords on John Mautravers.
• (b) 1.82

  Rot. Par. 1 R. 2. m. 6. num. 38, 39.
• * 1.83

  On John Lord of G••menys, and Willi∣am Weston, for deli∣vering up Forts to the Enemy.
• * 1.84

  Antiquity of Judg∣ment by Pee••s.
• (c) 1.85

  Plea for Lords, p. 203. Hist, lib. 4.
• (d) 1.86

  Malmsb. de Gest is Reg. lib. 2. c. 6. p. 62. Spelman. Conc. Tom. 1. p. 407, 408. Anno 1043.
• (e) 1.87

  vnde super hoc, pono me in conside∣ratione Curiae vestrae. Chron. Brompton. col. 937, 938.
• (f) 1.88

  An. 1164. M. Pa∣ris 94. Sicut Barones caeteri debent interesse judiciis Curiae Regis cum Baronibus quous∣que perveniatur in ju∣dicio ad diminutionem membrorum, vel ad mortem. The House of Lords the King's Court of Barons.
• (g) 1.89

  Dixit Baronibus su••s, Cito facite mihi judicium de illo, qui homo meus Ligeus est, & stare Juri in Cu∣ria mea recusat.
• (h) 1.90

  Anno 10 Johan. Mat. Paris, p. 218.
• (i) 1.91

  Graviter accusa∣tus coram Rege, & Cu∣ria tota. Lond. Mat. Westm. 153.
• (k) 1.92

  Mat. Westm. Anno 1260. p. 295, 296.
• * 1.93

  Who are Peers of Prince Edward.
• (l) 1.94

  Omnes alios Baro∣nes & Comites, sibi de ••ure non esse Pares, nec s••••s in eum excercer•• dis••ussiones.
• * 1.95

  An Objection, That after the House of Commons were ad∣mitted, the Juris∣diction of the Lords House was lessened; Answered.
• (m) 1.96

  4 E. 3. num. 11.28 E. 3. num. 9, 10.
• (n) 1.97

  De Event. Angliae, lib. 3. c. 16. col. 1556, 1557.
• (o) 1.98

  Ad standum judi∣cio Regis, & Dominc∣rum. Wal••ingham, p. 334. Hist. Ang. & Hypodig. Neust. p. 141.
• (p) 1.99

  Rot. Parl. 10 R. 2. num. 6. ad 18.
• (q) 1.100

  Egerton, sect. 4.22, 23.
• * 1.101

  How the Lords judge ministerially.
• (r) 1.102

  Rot. Par. 1 H. 4. num. 79. Exact Abridgment, p. 392.
• (s) 1.103

  Et que le Roy, & les Seigniours de tout temps, ont eues, & a∣veront de droit, les Juggement in Parlia∣ment, en manere come mesmes les Communes so••t monstres.
• (t) 1.104

  Prynne's Brief Register, part 1. sect. 3. p. 240. The Judges and o∣ther Assistants of the House of Lords.
• (u) 1.105

  Cl. 25 E. 1. m. 25. dorso.
• * 1.106

  The difference in their Writs.
• (w) 1.107

  Cl. 28 E. 1. m. 3. dorso.
• * 1.108

  Persons skilful in the Law summoned from the Universi∣ties.
• (x) 1.109

  An. 13••2. p. 419. to p. 438.
• (y) 1.110

  Hist. Ang. p. 32. to 58.
• (z) 1.111

  Cl. 9 E. 2. m. 20. dorso.
• (a) 1.112

  Cl. 7 E. 2. m. 25•• dorso. Justices to leave the Ass••zes to attend the Parliament.
• * 1.113

  Observations from these Writs.
• (b) 1.114

  Brief Register, part 1. a p. 366. ad p. 394.
• * 1.115

  The Employment of these Assistants.
• * 1.116

  The Summons of the Knights, Citizens, and Burgesses.
• (c) 1.117

  Second Part of Brief Register, a p. 1. ad 29.
• (d) 1.118

  Cl. 49 H. 3. m. 11•• dorso.
• * 1.119

  Observations on the first Writ to the Ba∣rons of the Cinque-Ports.
• (e) 1.120

  Cl. 22 E. 1. m. 6. dorso.
• * 1.121

  De di••••retioribus & ad laborandum poten∣tioribus—cum plena potestate pro se & tota communitate Com. praedicti, ad consulen∣dum, & cons••ntiendum pro se & communitate illa, Hiis quae Comi∣tes, Barones, & Pro∣ceres prae••icti concor∣diter ordinaverint in praemissis, &c.
• * 1.122

  The Qualifications in the Writs.
• (f) 1.123

  Cl. 25 E. 1. m. 6. dorso.
• (g) 1.124

  Cl. 22 E. 3. m. 7. dorso.
• * 1.125

  Cl. 24 E. 3. par. 2. m. 3. dorso.
• * 1.126

  No Maintainers of S••its, &c. to be cho∣••••n.
• (h) 1.127

  Cl. 26 E. 3. m. 14. dorso.
• (i) 1.128

  Cl. 31 E. 3. m. 2. dorso.
• (k) 1.129

  Cl. 36 E. 3. m. 16. dorso.
• (l) 1.130

  Cl. 44 E. 3. m. 12. dorso.
• (m) 1.131

  Nul home de Ley pursuont busoignes en la Courte de Roy, ne Viscount pur le Temps que il est Viscount, soient retournez, ne acceptez Chevalers des Countees, neque ves qui sont Gentz de Ley, & Vis••ounts ore retournez au Parle∣ment eient Gages. Rot. Parl. 46 E. 3. cum. 13.
• (n) 1.132

  Cl. 47 E. 3 m. 13 dorso. To be Knights gi••t with Swords, and skilful in Arms.
• (o) 1.133

  Cl. 7 R. 2. m. 32. dorso. No Banneret to be chosen.
• (p) 1.134

  Cl. 11 R. 2. m. 24. dorso.
• * 1.135

  A new Clause re∣called.
• (q) 1.136

  Cl. 5 H. 4. par. 2. m. 4. dorso. No Lawyers to be chosen.
• (r) 1.137

  4 Instit. p. 10.
• (s) 1.138

  Second Part of Brief Register, 124. Hist. Ang. p. 414.
• (t) 1.139

  Cl. 25 H. 6. m. 24. dorso. Only Knights, E∣squires, or Gentle∣men to be Knights of Shires.
• * 1.140

  The Modern Quali∣fications.
• (u) 1.141

  Du••s milit••s gla∣diis cinctos m••gis ido∣neos, & discretos—∣Cives & Burgen••es••de discretiorthus & magis sufficientibus. The Electors.
• (w) 1.142

  Cl. 22 E. 1. m. 6. dorso.
• * 1.143

  See below the Choice in Yorkshire.
• (x) 1.144

  P. 33••34.
• (y) 1.145

  Bundel num. 1.
• * 1.146

  Manucaptors or Pledges, that Knights elected should meet in Par∣liament.
• (z) 1.147

  Brief Register, part 2. p. 50.
• * 1.148

  The Statutes for or∣dering Elections.
• (a) 1.149

  Cl. 1 H. 5. m. 9. & 37.
• * 1.150

  Free Choice.
• * 1.151

  Return of Inden∣tures.
• * 1.152

  Who were Chusers of Burgesses.
• (b) 1.153

  Cl. 23 H. 6. m. 21. dorso. The Knights to be resident in the Coun∣ty, and the Electors to have at least 40 s. a year Lands.
• (c) 1.154

  Proclamari & in∣hiberi facias, ne ali∣qua persona tunc ibi∣dem armata, seu modo guerrino arraiata, ad electionem illam acce∣dat. Rot. Parl. 8 H. 6. m. 13. num. 18. None to come in an Hostile manner to elect.
• (d) 1.155

  Prynne's Brevia Parliamentaria Redi∣viva, p. 152, 153, 154. Atturneys of Noble∣men and Ladies in Yorkshire Electors.
• * 1.156

  What the Knights, Citizens, and Bur∣gesses were summo∣ned for.
• (e) 1.157

  Ad consulendum, & consentiendum, pro se, & communitate illa, hiis quae Comites, Barones, & Proceres praedicti concorditer ordinaverint in prae∣missis. Cl. 22. E. 1. m. 6. dorso.
• (f) 1.158

  Cl. 25 e. 1. m. 6. dorso.
• (g) 1.159

  Bundel. num. 1. Ad faci••ndum, quod tunc de Communi Con∣cili•• ordinabitur in praemissis.
• (h) 1.160

  Cl. 17 E. 2. m. 27. dorso.
• (i) 1.161

  Cl. 21 E. 3. m. 12. dorso.
• (k) 1.162

  Cl. 36 E. 3. m. 16. dorso.
• (l) 1.163

  Cl. 47 E. 3. m. 13. dorso.
• * 1.164

  Kings not confined to two Knights, &c.
• (m) 1.165

  Cl. 22 E. 1. m. 6. dorso.
• (n) 1.166

  Cl. 26 E. 3. m 14. dorso. V•• h••mines ab ista oc∣cupa••••one autump••ali∣bus quo minus possumus retrahamus.
• (o) 1.167

  Cl. 45 E. 3. m. 21. dorso. Ordinavimus ut laboribus par••atur, & expensis.
• * 1.168

  One Citizen, and one Burgess.
• (p) 1.169

  Brevia Parl. redi∣viva, p. 144. ad 147.
• (q) 1.170

  These things are now reduced to a certainty by the Sta∣tutes 5 R. 2. c. 4. and others. Prynne's Brief Regis••. par. 2 p. 32.
• (r) 1.171

  See Brief Regist. p. 118. ad 123.
• (s) 1.172

  Cl. 28 E. 1. m. 7. dorso.
• (t) 1.173

  Cl. 5 E. 2. m. 26. dorso.
• * 1.174

  The King makes new Burroughs.
• (u) 1.175

  Reports, p. 14, 15.
• (w) 1.176

  Brief Register, par. 2. p. 170.
• (x) 1.177

  P. 223. ad 297.
• * 1.178

  Old Burroughs dis∣continued, for what reason.
• (y) 1.179

  Id. p. 236.
• (z) 1.180

  Pat. 42 E. 3. par. 1. m. 8.
• (a) 1.181

  Selden's Titles of Honour, p. 730. ad 734. Coke 4. Instit. p. 44, 45.
• (b) 1.182

  Brev. Parl. redi∣viva, p. 240.
• (c) 1.183

  15 E. 3. Stat. 2. c. 6.
• (d) 1.184

  5 R. 2. c. 4.23 H. 6. c. 15. See more at large for this, Prynne's A∣nimadversions on Sir E. Coke's Instit. p. 32.
• (e) 1.185

  5 R. 2. Parl. 2. c. 5.
• * 1.186

  Sheriffs punishable that om••t summon∣ing.
• (f) 1.187

  C. 15.
• (g) 1.188

  Brev. Parl. rediv. p. 241. Sheriffs formerly took liberty what Places to send Writs to.
• (h) 1.189

  Membr. 4. dorso.
• * 1.190

  Knights, Citizens, and Burgesses elect∣ed at the County-Court the same day.
• (i) 1.191

  Brev. Parl. rediv. p. 176.
• (k) 1.192

  Ibid. p. 223.
• * 1.193

  How many Cities and Burroughs an∣ciently.
• * 1.194

  New Burroughs ere∣cted in several Kings Reigns.
• (l) 1.195

  Idem, 230.
• (m) 1.196

  4. Instit. p. 12.1. Inst. p. 69.2. Inst. 7, 8. Preface to ninth Report.
• (n) 1.197

  Archaion, p. 257.
• (o) 1.198

  Doderidge of the Antiquity of Parlia∣ments.
• * 1.199

  The Wages of Knights, Citizens, and Burgesses.
• (p) 1.200

  Ac iidem Milites moram diuturniorem quam credebant traxe∣rint ibidem, propter quod non modicas fe∣cerint expensas. Cl. 49 H. 3. m. 10. dorso.
• (q) 1.201

  Rot. Claus. 28 E. 1. m. 12. dorso.
• (r) 1.202

  Brief Parliamen∣tary Writs, part 4. p. 4.
• (s) 1.203

  P. 900. to 1072.
• (t) 1.204

  8 E. 3.
• * 1.205

  Why wages not now paid to Knights, Ci∣tizens, and Burges∣ses.
• * 1.206

  Copy of VVrits of Summons now used to the Sheriffs.
• * 1.207

  Advice of Privy Council.
• * 1.208

  Conference with Prelates, &c.
• * 1.209

  Proclamation at County-Court.
• * 1.210

  Two Knights girt with Swords, &c.
• * 1.211

  Two Citizens.
• * 1.212

  Two Burgesses.
• * 1.213

  Indifferently chosen by those present at the Proclamation, according to Sta∣tutes.
• * 1.214

  Their Names in∣serted in Indentures betwixt the Sheriff and the Electors.
• * 1.215

  To cause them to come at the Day and Place. The Knights from the County, the Ci∣tizens and Burgesses from their Cities & Burroughs, to have full power to do and consent.
• * 1.216

  Lest for want of that Power, or improvi∣dent Election, the Business be undon••.
• * 1.217

  No Sheriff to be chosen.
• * 1.218

  Election to be in full County.
• * 1.219

  The Indentures to be sealed by the She∣riff and Electors.
• * 1.220

  A Counterpart tac∣ked to the VVrit, returned into the Chancery.
• * 1.221

  My Design not to controvert the Pri∣vileges of the House of Commons, but to sh••w the gradual Alterations.
• * 1.222

  The Solemnity at the Opening of the Parliament.
• * 1.223

  See for this more fully, Elsyng's Me∣thod of holding Par∣liaments, p. 86.
• * 1.224

  Leave given to the Commons to chuse their Speaker.
• (u) 1.225

  Hackwel, p. 127.
• (w) 1.226

  4. Instit. p. 8.
• * 1.227

  Whether the two Houses sate toge∣ther.
• (x) 1.228

  4. Instit. c. 1. sect. 2.
• (y) 1.229

  P. 8, 9.
• (z) 1.230

  Et les Chivalers des Countez, & Gents du Communs, par eux mesmes. Rot. Parl. 6 E. 3. num. 6.
• (a) 1.231

  Freeholders Grand Inquest, p. 19.
• (b) 1.232

  Rot. Parl. 50 E. 3. num. 8.
• (c) 1.233

  Coke Instit. 4. p. 255.
• (d) 1.234

  Ancient Place, saith Elsyng, p. 84.
• (e) 1.235

  Id. p. 123.
• (f) 1.236

  Lib. Sti. Albani Bibl. Cotton. fol. 207.
• (g) 1.237

  It should be 42 H. 3. That Peter Mount∣fort was not Speaker of the Commons House.
• (h) 1.238

  Additament. Math. Paris, 1132, 1133. Anno Dom. 1258. 42 H. 3. ult. Edit.
• * 1.239

  Concerning the Commons first sum∣moning to Parlia∣ment.
• (i) 1.240

  Et Praeterea facie∣mus submoneri in ge∣nerali per Vi••ecomi∣tes & Ballivos nostros, omnes alios qui in Ca∣pite tenent de nobis. Matt. Paris fol. 216. Edit. ult. num. 20.
• * 1.241

  The Tenents in Ca∣pite in stead of the Representative Commons, as now.
• * 1.242

  Some summoned from Cities and Burroughs before King John's time, but not as our Ci∣tizens and Burgesses now, by Represen∣tation.
• * 1.243

  After King John's Charter, the Te∣nents in Capite so numerous, as might be reputed an House of Commons.
• * 1.244

  Who properly Free∣holders in K•• John's time.
• * 1.245

  As the Thegns in the Saxon-times, so the Praepositi, Reeves, &c. of Burroughs after.
• * 1.246

  What the Tenents in Capite were sum∣moned for.
• * 1.247

  That such great Numbers sate not with the Lords.
• (k) 1.248

  Rot. Parl. 6 E. 3. num. 2. Cest assavoir, les Pre∣l••••z par eux me••mes, & les ditz Countes, Barouns, & autres Grantz, par eux mesmes, & auxint les Chivalers des Countes par eux mesmes. No mention of Ci∣tizens or Burgesses.
• (l) 1.249

  Mod•••• tenendi, p. 200. Method of Parl. 124. The first Speaker upon Record.
• (m) 1.250

  Prynne's Abridg∣ment, p. 151.
• (n) 1.251

  Abridgment of Records, p. 174. Petition for Free∣dom of Speech.
• (o) 1.252

  Id. p. 360.
• (p) 1.253

  Hackwel Mo••us p. 202.
• (q) 1.254

  Rot. Parl. 7 H. 4. num. 6.
• (r) 1.255

  7 H. 4.
• (r) 1.256

  7 H. 4.
• (s) 1.257

  25 H. 1. num. 10. The Speakers of lat∣ter Times express the particular Privi∣lege of Freedom from Arrest.
• (t) 1.258

  Rot. Parl. H. 4. num. 10.
• * 1.259

  Sir Tho. Smith saith, The Speaker used to add a Promise in the Commons Names, That they shall not abuse these Privile∣ges, but have such regard, as most faith∣ful, true, and loving Subjects ought to have to their Prince. Commonwealth, p. 41.
• * 1.260

  Why Liberty of Speech necessary to be allowed.
• (u) 1.261

  Stat. 4 H. 8. c. 8. Strowde's Case.
• (w) 1.262

  Lords Journal.
• (x) 1.263

  Prynne's Plea for the Lords. Sir Sym. D' Ewe's Journ••l. How Queen Eliza∣beth curbed and pu∣nished those that made Motions in the House contrary to her Prohibitions, in Mr. Paul and Mr. Pet. Wentworth's Case.
• * 1.264

  In Mr. Morrice's Case.
• * 1.265

  Liberty of Speech in King Charles the First's time abused.
• (y) 1.266

  MS. Speeches, 13 Eliz. 1571. Queen Elizabeth's Reprehension of some Members, for moving things she had forbid.
• (z) 1.267

  Hackwell. Catal. 213, 215. Elsyng, p. 137, 138. This Privilege peti∣tioned for by the Speaker.
• (a) 1.268

  4. Instit. p. 24.
• (b) 1.269

  Petitiones coram Domino Rege ad Par∣liam. &c. 18 E. 1. Rot. 7. Thesaur. Re∣cept. S••accarii. The first Grant of Freedom from Ar∣rest.
• (c) 1.270

  P. 478. ad 483.625. to 699.817. to 869.989.1213. to 1220. How Mr. Prynne qualifies this Privi∣lege.
• (d) 1.271

  Memorial, p. 88. ad 116.
• * 1.272

  How the King is ob∣liged to protect the Members from Ar∣rests.
• * 1.273

  How grounded up∣on Edward the Con∣fessor's Law.
• (e) 1.274

  Hoveden. Annal. pars poster. p. 601. Lambard. Archaion. Spelman. Conc. tom. 1. p. 689.
• (f) 1.275

  Cod. ex Legum Antiq. p. 475.
• * 1.276

  Fol. 60. This Privilege of the King's Grant.
• (g) 1.277

  Et ti••l Privilege ad estre touts foits grant per le Roy, a ses Commoners, al Re∣quest del Prolocutor del Parlement, le pri∣mer jour.
• (h) 1.278

  Hist. p. 1584.33 H. 8. Mr. Ferrers Case the first, when the Com∣mons had liberty to punish the Breakers of this Privilege.
• (i) 1.279

  Brief Register, part 4. p. 860.
• (k) 1.280

  Id. p. 862, 863.
• (l) 1.281

  See Freeholders Grand Inquest, from p. 50. to 64.
• * 1.282

  Application to be made to the King and Lords, for pu∣nishment of Viola∣tors of this Privi∣lege.
• (m) 1.283

  Sect. 10. a p. 622. ad 870.
• * 1.284

  Cl. 5 E. 2. m. 26. dorso.
• * 1.285

  Vel alios, ad hoc ido∣neos, loco ipsorum, s•• ad hoc v••care non pos∣sunt, eligere.
• * 1.286

  The King anciently only ordered new Elections.
• * 1.287

  First Petition against undue Elections. Prynne's Brevia Parl. r••••iviva, p. 286. A nos••re tres excel∣l••nt, & tres gracious Seignior, nostre Seig∣nior le Roy, & les ••res nobles Seigniors, & S••ges Comuns, &c. pleignont les Major, &c.
• * 1.288

  See Freeholders Grand Inquest, p. 15, 16.
• * 1.289

  Prynne's Plea for Lords, p. 393.
• * 1.290

  Id. 391. Rot. Parl. 5 H. 4. num. 38.
• * 1.291

  The Commons pe∣tition the King and Lords to examine and order undue Returns.
• * 1.292

  Id. p. 364, 365. Mr. Prynne's Opini∣on.
• * 1.293

  Dyer, fol. 113, 168. Plowden, fol. 118. to 131. Old Book of Entries, fol. 446, 447.
• * 1.294

  Rot. Parl. 8 H. 6. num. 391. Petitions from the Commons to the King and Lords, a∣bout Elections.
• * 1.295

  Rot. Parl. 18 H. 6. m. 13. num. 18.
• * 1.296

  Petition of Subjects to the King about Elections.
• * 1.297

  A Sheriffs denying the Poll, petitioned against.
• * 1.298

  Freeholders Grand Inquest, p. 60. D' Ewes's Journal, fol. 393.
• * 1.299

  Memorials, c. 6. p. 20. The modern Use of Regulating Electi∣ons.
• * 1.300

  Plea for the Lords, p. 413.
• * 1.301

  Sir Simon D' Ewes's Journal, p. 494. In Queen Elizabeth's time Application made to the Chan∣cellor or L. Keeper.
• * 1.302

  Lawyer out-lawed, p. 12.
• * 1.303

  The Reasons for this Privilege.
• * 1.304

  Stat. 4. H. 8. c. 8. Coke 4. Instit. p. 25. 31 H. 6. c. 26, 27.
• * 1.305

  Coke, lib. 5. p. 64.
• * 1.306

  Rot. Parl. 16. R. 2. num. 6.
• * 1.307

  Members of the House of Commons punished for Misde∣meanour by the King and Lords.
• * 1.308

  Exact Abridgment, p. 417.
• * 1.309

  Plea for the Lords, p. 386, 387.
• * 1.310

  Vide pag. 296, 297, 299, 344, 371, 372, 373.
• * 1.311

  The first Precedent of the House of Commons secluding their Members.
• * 1.312

  Id. p. 309. Mr. Prynne's Rea∣sons against this U∣sage.
• * 1.313

  Littleton, sect. 212. Coke, ibid.
• * 1.314

  Coke 4. Inst. p. 24.
• * 1.315

  Plea for the Lords, p. 373.
• * 1.316

  Id. p. 387.
• * 1.317

  See Legal Vindica∣tion, p. 10.
• * 1.318

  Id. p. 373.
• * 1.319

  Exact Collections of Ordinances, p. 541. to 558.
• * 1.320

  Plea for the Lords, p. 414, 415. How the House of Commons of the Parliament 1641. seduded their Mem∣bers, till there were not above 70 left.
• * 1.321

  How this revived a∣gainst Abhorrers.
• * 1.322

  The unquestioned Rights of the Com∣mons.
• * 1.323

  4. Instit. p. 28. Whether the House of Commons be pro∣perly a Court.
• * 1.324

  Lawyer outlawed. p. 18.
• * 1.325

  4. Instit. p. 23.
• * 1.326

  When the House of Commons had a Journal first.
• * 1.327

  P. 17, 18, 19. Plowd. Com. fol. 319. Coke 1. Inst. fol. 260.
• * 1.328

  Some Observations on the Privileges of the House of Com∣mons in general.
• * 1.329

  All Privileges from the Crown.
• * 1.330

  C. 29. None to be punish∣ed but by Legal Trial.
• * 1.331

  Stat. 28 E. 3. c. 3.
• * 1.332

  Nulla Curia quae Re∣cordum non habet, po∣test imponere finem, neque aliquem manda∣re carceri, quia isla tantummodo spectant ad Curias de Recor∣do. Mar. Sess. 3.
• * 1.333

  P. 23
• * 1.334

  Id. p. 16.
• * 1.335

  Infoeliciter aegrotat, cui plus mali venit a Medico quam a Mor∣bo.
• * 1.336

  The Law hath pro∣vided where the Breach of the great∣est Privileges are to be tried.
• * 1.337

  Mich. 12. E. 4. Rot. 20. Excheq. Hil. 14. E. 4. Rot. 7. Dyer, fol. 59.
• * 1.338

  The Proceeding of the Houses in Anno 1640. and 1680.
• * 1.339

  That the Law and Custom of Parlia∣ment may be decla∣red.
• * 1.340

  4. Inst it. p. 15. Illa lex ab omnibus quarenda, a multis ig∣norata, a paucis cog∣nita. Fleta, l. 2. c. 2.
• * 1.341

  Brief Register, part 4. p. 685. Mr. Prynne's Opini∣on concerning the great Privilege the Commons.
• * 1.342

  Ibid. p. 1210.
• * 1.343

  14 Feb. 18 Jac. fol. 24. b.
• * 1.344

  Ibid. fol. 51. b. & fol. 137.
• * 1.345

  See Stat. 2 E. 3. c. 6. 14 E. 3. c. 14.20 E. 3. c. 1, 2.
• * 1.346

  Lawyer outlawed, p. 28.
• * 1.347

  Mr. Sherridon's Case, who was denied the Benefit of the Ha∣beas Corpus Act.
• * 1.348

  Sir William Jones a∣gainst any ones Re∣lease by Habeas Cor∣pus, if they were im∣prisoned by the House of Commons.
• * 1.349

  See Debates of the House, p. 217.
• * 1.350

  Baron Weston grants the Habeas Corpus.
• * 1.351

  Brief Register, part 4. p. 846.
• * 1.352

  Privilegia omnino a∣mittere meretur qui sibi abutitur concessa penestate. Ejus est interpretari cujus concedere. Sum∣ma Rosella. Privile∣gium 3.
• * 1.353

  Nemini liceat Char∣tas Regias nisi ipsis Regibus judicare. Placita Parl. 18 E. 1. num. 19. p. 20.
• * 1.354

  How the Breach of Privilege to be pu∣nished, according to Mr. Prynne. See the Authority, Brief Regist. part 2. p. 847.
• * 1.355

  Ibid. p. 1206.
• * 1.356

  The Chancellor or Lord Keeper to grant the Writ.
• * 1.357

  The Judges of the Courts to which the Writ is directed, to judge of the validity of the Privilege.
• * 1.358

  See also his Memo∣rials.
• * 1.359

  Hackwell of Passing of Bills, p. 179. ad 182.
• * 1.360

  The Royal Assent determines not the Session.
• * 1.361

  Royal Assent by Pa∣tent.
• * 1.362

  Royal Assent when the King present.
• * 1.363

  Sir Th. Smith's Com∣monwealth, p. 45. Speeches used to be made there.
• * 1.364

  Hackwell of Passing of Bills, p. 181, 182.
• * 1.365

  The Clerk of the Crown pronounceth the Royal Assent or Dissent.
• * 1.366

  P. 46.